OMYA AUSTRALIA PTY. LIMITED - MOSS VALE - ENTERPRISE AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Omya Australia Pty Ltd.
(No. IRC 5592 of 2005)
Before Mr Deputy
President Sams
|
17 November 2005
|
AWARD
PART A
1. Title
This award shall be known as the Omya (Australia) Pty.
Limited - Moss Vale - Enterprise Award 2005
2. Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Arrangement
3. Parties
Bound
4. Scope of
Award
5. Relationship
to Parent Award and Enterprise Awards
6. Date and
Period of Operation
7. Aim of
Award
8. Classifications
9. Pay Rates
10. Joint
Consultative Committee
11. Hours
12. Overtime
13. Holiday
Leave and Other Leave
14. Respirators,
Protective Clothing
15. Grievance
Procedure
16. Disciplinary
Procedure
17. Training
18. Trade
Union Training Leave
19. Job
Security and Redundancy
20. Contract
of Employment
21. Anti-Discrimination
22. Superannuation
23. Declaration
24. No Extra
Claims
25. Future
Negotiations
PART
B - RATES AND ALLOWANCES
Table 1 - Rates of
Pay
Table 2 - Allowances
Appendix A -
Classification Structure Production and Maintenance Employees
3. Parties Bound
This Award shall be binding upon:
Omya (Australia) Pty Limited (hereinafter referred as
the "Company") in respect of its operations located at Lackey Road
Moss Vale;
The Australian Workers’ Union, New South Wales
("AWU");
The Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales branch ("AMWU"); and
The Electrical Trades Union of Australia, New South
Wales Branch ("ETU").The AWU, the AMWU, and the ETU are hereinafter
referred to as the "Unions".
4. Scope of Award
This Award shall apply to employees of the Company at the Lackey Road Moss Vale
plant engaged in the milling, pulverising, coating, packaging and despatch of
limestone and maintenance who are members or eligible to be members of one or
other of the Unions and who are employed in one or other of the Production and
Maintenance classifications set out in Appendix A of this Award. (hereinafter
referred as "employees").
5. Relationship to
Parent Awards and Enterprise Awards
This Award rescinds and replaces the "Omya (Australia)
Pty Limited - Moss Vale - Enterprise Award 2002" published 18 July 2003
(340 I.G. 512) (the "Previous Award").
This Award will operate in conjunction with the following
Awards:
the Metal Engineering and Associated Industries (State)
Award published 8 June 2001 (325 I.G. 209); and
the Electricians, &c. (State) Award published 29
June 2001 (325 I.G. 808).
In the event of any inconsistency with the above Awards,
this Award, namely the Omya (Australia) Pty Ltd. Moss Vale Enterprise Award
2005, will take precedence and shall apply.
6. Date and Period of
Operation
6.1 This Award
shall commence on 17 November 2005 and shall remain in force until 24 September
2008.
6.2 The parties
agree if at any time within six months of the expiry of this Award one or more
of the unions serves a letter on the Company requesting the commencement of
negotiations for a new award, then the Company must commence those negotiations
within 14 days of receipt of such a letter.
7. Aim of Award
This Award aims to further develop a flexible and
multi-skilled workforce allowing a "team" approach to all
activities. This team approach allows
any employee to perform any task on site for which that employee is appropriately
trained.
8. Classifications
8.1 Workplace
Skills and Activities
The following are workforce skills/activities which
employees may be asked to perform.
No-one shall be asked to perform any activities without adequate
training.
Communication skills
Occupational Health and Safety
Production and Process
Product Packaging
Material Handling
Dispatch of Product
On-line Minor Maintenance and Lubrication
Complete Maintenance (Electrical and Mechanical)
Problem Solving/Team Skills
Quality, Sampling and Testing
Instructing and Training
Leading Hand and Supervisory
Specialist Skills
General Duties cleaning, amenities, grounds
8.2 Utilisation of
Skills
(a) Employees
shall be employed to carry out such duties as may be directed by the Company
from time to time subject to the limits of their skill, competence, training
and obligations of the Occupational Health and Safety Act 2000 (NSW). This
includes duties envisaged by the employee’s classification, as well as duties
envisaged by a lower classification.
(b) The purpose of
requiring employees to work in any or all of these areas is to promote
flexibility in skill utilisation and not to promote deskilling.
(c) Any employee
may at any time carry out such duties and use such tools and equipment as may
be directed by the Company provided that the employee has been properly trained
in the use of such tools and equipment.
(d) Disputes
arising in relation to the operation of this clause shall be dealt with in
accordance with Clause (15) Grievance Procedure following prior consideration
of the issue in accordance with the consultative mechanism in Clause 10.
8.3 Classification
Structure
Employees shall be classified in accordance with
Appendix A.
8.4 Progression
and Entry to Work Team
All employees will be encouraged and assisted to progress
to the highest level personally attainable consistent with the needs of the
workplace and employees’ career paths.
9. Pay Rates
9.1
(a) All pay rates
are total pay rates excluding allowances listed in 9.2 of this clause.
(b) Rates of pay that
apply under the Previous Award are increased by 4% from the beginning of the
first full pay period to commence on or after 24 August 2005.
(c) Rates of pay
will increase by a further 4% from the first full pay period commencing on or
after the first anniversary of the date
this Award is made by the Industrial Relations Commission of New South Wales.
(d) Rates of pay
will increase by a further 4% from the first full pay period commencing on or
after the second anniversary of the date this Award is made by the Industrial
Relations Commission of New South Wales
(e) Rates of pay
applicable prior to the commencement of this Award are shown in the table
appearing at paragraph (h) of this subclause.
(f) Rates or pay
applicable from the first full pay period occurring on or after 24 August 2005
are shown in Table 1 and Table 2 of Part B
of this Award
(g) Rates of pay
in this Award include a site disability allowance. Accordingly, the rates of
pay in this Award compensate employees for the disabilities associated with
working at the Moss Vale plant including climatic conditions such as dust
blowing in the wind, sloppy and muddy conditions and the lack of usual
amenities associated with factory work, etc, and for the additional
disabilities of being required to work when exposed to inclement weather.
"Inclement weather" means wet weather and/or abnormal climatic
conditions such as hail, cold, high winds, severe dust storms, cold
temperatures, high temperatures or any combination thereof.
(h) Rates of Pay
Prior to the commencement of this Award effective from 24 September 2004
Production
and Maintenance Employees - Classification
|
Per week
|
Per hour
|
|
$
|
$
|
Level 11 - Electronics
Tradesman
|
1021.21
|
26.87
|
Level 10 - Advanced Engineering
Tradesperson II
|
|
|
(Maintenance, Planner)
|
985.53
|
25.93
|
Level 9 - Engineering
Tradesperson Special Class II
|
914.31
|
24.06
|
Level 8 - Engineering
Tradesperson Special Class I
|
844.22
|
22.22
|
Level 7 - Engineering Tradesperson
II/Plant Electrician
|
809.54
|
21.30
|
Level 6 - Engineering
Tradesperson I
|
774.33
|
20.38
|
Level 5 - Senior Plant
Controller
|
744.33
|
20.38
|
Level 4 - Plant Controller
|
745.77
|
19.62
|
Level 3 - Operator
|
725.37
|
19.09
|
Level 2 - Operator
|
665.68
|
17.51
|
Level 1 - Entry Level Operator
|
599.37
|
15.77
|
Notes:
1. Hourly Rate
includes Tool Allowance Levels 5 and above.
2. Hourly Rate
includes First Aid Allowance where applicable.
3. Electrician's
License to be added into hourly rate.
4. To progress
from level 1 to level 2, an Entry Level Operator must achieve the following
core requirements:
(a) have basic
plant safety and knowledge;
(b) perform
bagging of product and bulk despatch
(c) have obtained
learner’s permits for operation of front end loaders and forklifts
5. To progress
from level 2 to level 3 an existing Operator must:
(a) Understand and
perform the Company train unloading procedure in conjunction with the
locomotive Operator (if required)
(b) Carry out
quality sampling and testing for his/her area of work in accordance with
Company procedures;.
(c) Carry out feed
preparation at Moss Vale in accordance with Company procedures;.
(d) Obtain front
end loader and fork lift ticket;
(e) Obtain
occupational health and safety skills;
(f) Have a basic
understanding and can operate 119 Pin mill and associated feed in accordance
with Company procedures;
(g) Can assist in
problem solving and minor maintenance involving production process; and
(h) Crane
operation (if required).
6. To progress
from level 3 to level 4 an existing Operator must:
(a) have already
competently achieved Level 3 skills and knowledge;.
(b) Exhibit competency
in control, operation and production maintenance of all Milling Systems in
accordance with Company procedures;
(c) Exhibit
ability to optimise process milling efficiency in accordance with Company
procedures;
(d) Be responsible
for and undertake production quality control and testing in accordance with
Company procedures; and
(e) Perform other
duties for which he or she is qualified..
7. To progress
from level 4 to level 5 an existing Operator must
(a) have already
competently achieved Level 4 skills an knowledge
(b) conduct
Programmed inspections in accordance with Company procedures;
(c) Conduct
Programmed routine shutdowns; in accordance with Company procedures; and
(d) Conduce
Programmed maintenance.
8. Tradesmen at
level 6 and above must be able to operate milling circuits if so required.
Note. The above criteria for progression between levels
were agreed to by the parties in resolution of Industrial Dispute, IRC 7072 of
2002.
9.2 Allowances
Allowances will be increased in accordance with the
dates identified for wage adjustments.
Allowances applying from the first full pay periods on
or after 24 August 2005, the first anniversary of the date of making of this
Award and the second anniversary of the date of making this Award are shown in
and Table 2 of Part B of this Award .
The allowances below are the allowances applicable prior to the making
of this Award.
(a) Shift
Allowance
Day
|
$10.73/ shift
|
Afternoon
|
$21.44/ shift
|
Night
|
$32.15/ shift
|
(b) Leading Hand
$7.86 per 8 hour shift
(c) First Aid
$13.18 per week
(d) Tool Allowance
(is included in hourly rate)
$13.13 per week
(e) Electricians
Licence (to be included in hourly rate)
$32.44 per week
9.3 SAFETY NET CLAUSE
This Award reflects a joint commitment by the Company,
the employees and the Unions to provide workplace and employment conditions in
which the services of the Company can be delivered in an efficient, flexible
and profitable manner.
The parties recognise that previous work organisation
and industrial agreements have developed and implemented positive changes to
the enterprise. It is the intention of
the parties to continue to negotiate and reach subsequent agreements that will
be registered through the Industrial Relations Commission of New South Wales.
10. Joint
Consultative Committee
The parties covered by this Award shall participate in a
consultative mechanism with appropriate representation of employer and
employee(s) and/or the Unions with procedures appropriate to its size,
structure and needs for consultation and negotiation on matters affecting the
efficiency and productivity of the enterprise.
The representatives of the work site may meet for the
purposes of finalising an agreement.
The Company shall continue the consultative process
currently being conducted with employees.
The consultative process is the cornerstone to employees understanding
the progress and difficulties of the Company.
It also allows for a sharing of ideas.
The frequency of these meetings should be negotiated at each site.
11. Hours
11.1 Day Workers
(a) The ordinary
hours of work shall be 38 hours per week and be between 6.00 am. and 6.00 p.m.,
7 days per week. Ordinary hours worked per
day may be increased from eight hours and up to 12 hours on a site where the
Company and the Union and the majority employees agree provided that the
ordinary hours do not exceed an average of 38 hours per week. Seven day roster
arrangements may be introduced at a site where the Company and the Unions and
the majority of employees agree. Ordinary hours are to be paid at single time
except where subclause (g) Saturdays, Sunday and Holidays, of this subclause
applies.
(b) The methods of
implementation referred to in paragraph (a) above shall be any one of the
following:-
(i) by employees
working less than eight ordinary hours on one or more days each week; or
(ii) by fixing one
day on which all employees will be off during a work cycle of 152 ordinary hours;
or
(iii) by rostering
employees on various days of the week during a work cycle of 152 ordinary hours
so that each employee has one day off during that cycle; or
(iv) by accumulating
RDO's to be taken in a block at a time mutually suitable to the Company and the
employee and if agreed by both parties.
(c) Provided that,
except as otherwise provided herein, not less than seven (7) days notice shall
be given to weekly employees of a rostered day off.
(d) Where a
rostered day off falls on a public holiday, the next working day shall be taken
in lieu of the rostered day off unless an alternate day in that four week cycle
or the next cycle is agreed between the Company and the employee.
(e) The Company
shall be entitled to fix the start and finish times for each site or section
within the spread of hours agreed in paragraph (a) and to alter them either by
mutual consent or by giving employees one week's notice.
(f) Meal break
time is unpaid and must be additional to the agreed hours of work. An employee shall not work for a longer
period than 5 hours without a meal break.
(g) Saturdays,
Sunday and Holidays
(i) Workers
required to work on Saturdays (midnight Friday to midnight Saturday) as part of
their normal roster shall be paid at time and a half for all ordinary hours
worked.
(ii) Workers
required to work on Sundays (midnight Saturday to midnight Sunday) as part of
their normal roster shall be paid at double time for all hours worked.
(iii) Workers required
to work on Public Holidays as part of their normal roster shall be paid at
double time and a half for all hours worked.
(iv) The above extra
rates are paid in substitution for and not cumulative upon shift work
allowances prescribed in subclause 9.2 of clause 9, Pay Rates.
11.2 Shift Work
(a) Requirements
All employees are engaged on the basis that they may be
required to work shifts as required by the Company with one week's written
notice.
(b) Hours
The average ordinary working hours of shift workers
shall be fixed by normal agreement between the Company and the employees but
shall not exceed an average of 38 hours per week over a four week period. Shifts shall be eight hours per day provided
that shifts up to 12 ordinary hours may be worked where the majority of the
Company, the Unions and the affected employees agree.
(c) Roster
Shifts shall be rostered so as to provide for weekly
change of shifts unless otherwise agreed.
The Company shall be entitled to fix the shifts rostered for each site
or section and alter them by mutual consent or by giving one week's notice.
(d) Rostered Days
Off
These shall be organised according to a roster or other
arrangement under Clause 11.1b(iii).
(e) Meal Break
Twenty minutes meal time shall be allowed to shift
workers which shall be paid as time worked.
These breaks shall be at a convenient time agreed with the Company.
(f) Changeover
Leading hands or supervisors are required to arrange
relief when an employee is unable to attend his/her shift. Employees who are unable to attend their
shift must endeavour to contact the lead hand or supervisor in advance.
(g) Saturday,
Sunday and Holidays
(i) Shift workers
required to work on Saturdays (midnight Friday to midnight Saturday) as part of
their normal roster shall be paid at time and half for all ordinary hours
worked.
(ii) Shift workers
required to work on Sundays (midnight Saturday to midnight Sunday) as part of
their normal roster shall be paid at double time for all hours worked.
(iii) Shift workers
required to work on Public Holidays as part of their normal roster shall be
paid at double time and half or all hours worked.
(iv) These rates are
calculated prior to adding the shift allowance.
(v) The above extra
rates are paid in substitution for and not cumulative upon shift work
allowances prescribed in subclause (9.2).
(h) Roster
The Company shall be entitled to fix the shift rosters
for each site or section and alter them by mutual consent or by giving
employees one week's written notice.
(i) Swapping
Shifts
Employees may swap shifts by private arrangement
between each other provided that:-
both employees obtain their supervisor's prior
approval;
time records show the employee who actually worked the
shift and the employee who was rostered to work the shift; and
the Company will pay the employees for the shifts
actually worked.
(j) Overtime
Shift workers shall be paid for all overtime at the rate
of time and a half for the first two hours and double time thereafter, except
overtime work on a public holiday shall be paid at double time and a half.
11.3 Casual
Employees
A casual employee for ordinary working time shall be
paid per hour one-thirty eighth of the weekly rate for the work which he/she
performs plus 15 per centum for a minimum payment of four hours per day, plus
1/12th of the hourly rate for annual leave. This penalty shall be in lieu of
payment for sick leave, annual leave and public holidays. Casual employment will be limited to 6
months.
11.4 Part-Time
Employment
(a) An employee
may be engaged by the week to work on a part-time basis for a constant minimum
number of hours each week which shall be less than 38 hours.
(b) The spread of
hours shall be the same as those prescribed in subclause (11.1) Day Workers.
(c) Any hours
worked in excess of 38 per week shall be paid at overtime rates.
(d) An employee so
engaged shall be paid one thirty eighth of the weekly rate for each hour worked
except as provided for in (c) above.
(e) All other
entitlements such as sick leave, annual leave and long service etc. shall be
provided on a pro rata basis.
(f) Supply of
protective clothing as per Clause 14, Respirators, Protective Clothing, of this
Award.
12. Overtime
(a) All work done
in excess of usual daily ordinary hours shall be overtime and shall be paid for
at the rate of time and a half for the first two hours and double time
thereafter.
(b) All time worked
on Sundays by day workers shall be paid for at the rate of double time, and all
time worked on public holidays by day workers shall be paid for at the rate of
double time and a half.
(c) An employee
required to work overtime for more than two hours after his/her ordinary
ceasing time and who has not been notified before leaving his/her work on the
previous day or earlier that he/she would be required to work such overtime,
shall either be supplied with a meal or paid the sum of $9.70 in lieu thereof
and, if the work extends beyond that meal, he/she shall be paid a further sum
of $9.70 for each subsequent meal which falls within that period of overtime.
(d) An employee,
after completion of overtime work (except for meal breaks) after his/her usual
time shall, provided he/she would ordinarily be required to take up duty at the
time fixed for the commencement of the next ordinary day's work, be entitled to
be absent until he/she has had eight consecutive hours off duty without
deduction of pay for ordinary time off duty occurring during such absence. In
the case of call outs this provision will only apply if the employee does not
have 8 consecutive hours off duty between normal finishing time and normal
starting time for the next rostered shift. Should this occur again immediately
after the second shift, the time off entitlement will rise to 10 hours. If, on the instruction of the Company, any
employee resumes work without having had the appropriate time off duty he/she
shall be paid at double time rates until relieved from duty to take such rest
period and he/she shall then be entitled to be absent until he/she has had the
entitled consecutive hours off duty, without deduction of pay for ordinary time
off duty occurring during such absence.
(e) Overtime is
not payable when arranged between the employees themselves.
(f) Employees who
are rostered to work overtime and cannot attend must notify the Company prior
to the shift to allow alternate arrangements to be made.
(g) Shift workers
will not be paid overtime for the purpose of effecting the customary rotation
of shifts.
(h) Overtime will
not be paid except where it has been authorised by the Company.
12.1 Call Out
(a) Employees who
are called out after having completed their day's work shall be paid for not
less than four hours at the appropriate overtime rate in paragraph (a) of this
clause 12..
13. Holiday Leave
& Other Leave
Payment (to the amount which would ordinarily have been paid
had the day been a working day) shall be made for the following days or the
days upon which they are observed: New
Year's Day, Anniversary Day, Good Friday, Easter Monday, Anzac Day, Queen's
Birthday, Eight Hour Day, Christmas Day, Boxing Day, and any other day gazetted
or proclaimed as a public holiday within the State and observed in the locality
of the enterprise. One day per annum on
a date of mutual agreement between employees and the Company shall be a holiday
as the picnic day of the AWU, AMWU and
ETU
Employees not required to work on the said Picnic Day shall
be paid for the holiday at the ordinary rates of pay prescribed in Clause (9),
Pay Rates of this Award.
No deduction shall be made from the wages of a weekly
employee for holidays not worked and if work is done on a holiday the employee
shall be paid at the rate of double time and a half for the time worked with a
guarantee of four hour's pay.
When an employee is absent from his/her employment on the
working day before or after a holiday without a doctor's certificate or without
the Company’s consent, the employee shall not be entitled to payment for such
holiday.
13.1 Long Service
Leave
See Long Service Act, 1955 as amended.
13.2 Annual Leave
See Annual Holidays Act, 1944.
13.3 Annual Leave
Loading
(a) In this Clause
the Annual Holiday Act, 1944, is referred to as "the Act".
(b) Before an
employee is given and takes his/her annual holiday, or where, by agreement
between the Company and the employee, the annual holiday is given and taken in
more than one separate period, then before each of such separate periods the
Company shall pay the employee a loading determined in accordance with this
clause.
(c) The loading is
payable in addition to the pay for the period of holiday given and taken due to
the employee under the Act and this Award.
(d) The loading is
the amount payable at the rate per week of 17.5 per cent of the appropriate
ordinary weekly time rate of pay prescribed by this Award for the
classification in which the employee was employed immediately before commencing
his/her annual holiday together with all purpose allowances where applicable.
(e) Employees who
take annual leave in advance shall be paid a pro rata amount of annual leave
loading as if the annual leave had fully accrued. Provided that, if the employee leaves his/her employment with the
Company for any reason prior to the period of the annual leave, loading that
was paid in advance shall be deducted by the Company from any monies owing to
the employee.
(f) Where, in
accordance with the Act, the Company’s establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned -
(i) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (d) of this subclause.
(ii) An employee
who is not entitled under the Act to an annual holiday and who is given and takes
leave without pay shall be paid in addition to the amount payable to him/her
under the Act, a pro rata amount for annual leave loading in proportion to the
accrued entitlement.
(g)
(i) When the
employment of an employee is terminated by the Company for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which he/she became
entitled he/she shall be paid a loading calculated in accordance with subclause
(d) for the period not taken.
(ii) Except as
provided by paragraph (i) of this subclause, no loading is payable on the
termination of an employee's employment.
(h) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he/she had not been on holiday provided that,
if the amount to which the employee would have been entitled by way of shift
work allowances and weekend penalty rates for the ordinary time (not including
time on a public or special holiday) which the employee would have worked
during the period of the holiday exceeds the loading calculated in accordance
with this Clause, then that amount shall be paid to the employee in lieu of the
loading.
13.4 Other Leave
(a) Bereavement
Leave
(i) An employee
shall, on the death within Australia of a wife, husband, father, mother,
mother-in-law, father-in-law, brother, sister, child or stepchild be entitled
on notice to leave, up to and including the day of the funeral of such
relation, and such leave shall be without deduction of pay for a period not
exceeding the number of hours worked by the employee in two ordinary days of
work. Proof of such death shall be
furnished by the employee to the satisfaction of the Company.
(ii) This Clause
shall have no operation while the period of leave under it coincides with any
other period of leave.
(iii) For the
purpose of this Clause the words "wife" and "husband" shall
include a person who lives with the employee as a defacto wife or husband.
(b) Jury Service
(i) An employee
required to attend for jury service during his/her ordinary working hours shall
be reimbursed by the Company an amount equal to the difference between the
amount paid in respect of his/her attendance for such jury service and the
amount of wage he/she would have received in respect of the ordinary time
he/she would have worked had he/she not been on jury service.
(ii) An employee
shall notify the Company as soon as possible of the date upon which he/she is
required to attend for jury service.
Further, the employee shall give the Company proof of his/her
attendance, the duration of such attendance and the amount received in respect
of such jury service.
(c) Compassionate
and Discretionary Leave
In circumstances where genuine need and hardship arises
an employee shall be entitled to request leave from the Plant Manager. Such
leave could be with or without pay depending on circumstances.
13.5 Sick Leave
(a) The parties commit
to maintaining the incidence of sick leave (including carer’s leave) to a
satisfactory level, that being an average of five (5) days per annum per
employee.
(b) Paid leave of
absence shall be provided in all cases where absence is necessary on account of
genuine personal illness and/or injury.
(c) Each
individual case will be reviewed by a representative of management and reviewed
on its own merits. When necessary the approval and length of paid sick leave
will be determined after consultation with the employee and the Union.
(d) The employee
is to notify the employer of the inability to attend for duties, the nature of
the illness and incapacity and the estimated duration of the absence
within eight hours of the commencement
of the absence.
(e) Breaches of
notification, failures to provide necessary medical evidence and unusual or
excessive taking of sick leave determined by Management shall be discussed
between the representatives of the Company, the employee and an official of the
relevant Union and the appropriate action determined.
(f) Employees are
not required to supply Doctor’s certificates for up to two single days sick
leave per annum. An additional two
days’ sick leave per annum shall be allowed without the production of a
Doctor’s certificate, however for these two days only the employee shall be
required to produce a statutory declaration stating the employee was unable to
attend for duty and declare the illness or injury. Any sick leave in excess of
four days per annum must be substantiated with a Doctor’s certificate. All Doctor’s certificates shall state the
period of illness or injury and state the nature of the illness or injury.
(g) An employee
shall not be entitled to paid leave of absence for any period in respect of
which he/she is entitled to worker’s compensation.
(h) Any dispute
about the application of this clause will be dealt with in accordance with
clause 15, Grievance Procedure. .
Leave Reserved
Leave is reserved to apply to the Commission as may be
advised about the operation or variation of this clause.
13.6. Personal/Carer's
Leave
(a) Use of Sick
Leave
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in section (b) of subclause (iii) of paragraph (a) of this
subclause, who needs the employee's care and support, shall be entitled to use,
in accordance with this subclause, up to 5 days of his or her sick leave,
provided for in clause 13.5 Sick Leave, in any year of his or her employment
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.
(ii) The employee
shall, if required, establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(iv) a same sex
partner who lives with the employee as the defacto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(iv) An employee
shall, wherever practicable, give the Company notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the Company by telephone of such absence at the first
opportunity on the day of absence.
(b) Unpaid Leave
for Family Purpose
(i) An employee
may elect, with the consent of the Company, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out in
section B of subparagraph (iii) of paragraph (a) of this clause who is ill.
(c) Annual Leave
(i) An employee
may elect with the consent of the Company, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(ii) Access to
annual leave, as prescribed in subparagraph (i) of paragraph (c) of this
subclause, shall be exclusive of any shutdown period provided for elsewhere under
this award.
(iii) An employee
and employer may agree to defer payment of the annual leave
loading in respect of single day absences, until at
least five consecutive annual leave days are taken.
(d) Time Off in
Lieu of Payment for Overtime
(i) An employee
may elect, with the consent of the Company, to take time off in lieu of payment
for overtime at a time or times agreed with the Company within 12 months of the
said election.
(ii) Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with subparagraph (i) of paragraph
(d) , the leave is not taken for whatever reason payment for time accrued at
overtime rates shall be made at the expiry of the 12 month period or on
termination.
(iv) Where no
election is made in accordance with the said subparagraph (i) of paragraph (d),
the employee shall be paid overtime rates in accordance with the award.
(e) Make-up Time
(i) An employee
may elect, with the consent of the Company, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(ii) An employee
on shift work may elect, with the consent of the Company, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(f) Rostered Days
Off
(i) An employee
may elect, with the consent of the Company, to take a rostered day off at any
time.
(ii) An employee
may elect, with the consent of the Company, to take rostered days off in part day
amounts.
(iii) An employee
may elect, with the consent of the Company, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Company and employee, or subject to reasonable notice by the
employee or the Company.
(iv) This subclause
is subject to the Company informing each Union which is both party to the award
and which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility, and providing a reasonable
opportunity for the Union(s) to participate in negotiations.
14. Respirators,
Protective Clothing Etc
(a) Where
necessary, the Company shall provide free of charge, safety equipment and
protective clothing appropriate to the employee's duties. Such equipment shall be properly maintained
and used by the employee.
(b) All equipment
issued in accordance with this Clause shall remain the property of the Company
and shall be returned to the Company on demand and in event of termination of
employment.
(c) The Company
shall provide all employees with replacement items as necessary upon damage or
being worn out and return of the worn out article to the nominated Officer.
(d) Upon the
making of this Award by the Industrial Relations Commission a one-off issue of
four pairs of socks per employee shall be made to each employee. Additional pairs are to be provided on a
genuine fair, wear and tear basis.
(e) Upon the
making of this Award by the Industrial Relations Commission the Company shall
provide to each employee one leather belt which shall be worn by employees
whilst attending for duty.
15. Grievance
Procedure
The procedure for the resolution of industrial disputation
will be in accordance with section 14 of the Industrial Relations Act,
1996. These procedural steps are:
(a) Procedure in
relation to a grievance of an individual employee:
(i) The employee
is required to notify (in writing or other wise) the Company as to the substance
of the grievance, request a meeting with the Company for bilateral discussions
and state the remedy sought.
(ii) A grievance
must initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of this discussion, the Company must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(v) While a
procedure is being followed, normal work must continue.
(vi) The employee
may be represented by an industrial organisation of employees.
(b) Procedure for
a dispute between the Company and the employee:
(i) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time levels must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) In the event
of discussion failing to prevent or settle the dispute, either party may refer
the dispute to the Industrial Relations Commission of NSW to be dealt with
in accordance with the Industrial
Relations Act 1996.
(v) The Company
may be represented by an industrial organisation of employers or other
representative and the employees may be represented by an industrial
organisation of employees or other representative for the purpose of each
procedure.
16. Disciplinary
Procedure
The following disciplinary procedure shall be adhered to by
the Company and the employees.
(a) Employees who exhibit
unsatisfactory performance or behaviour shall be counselled so that they
understand the standards expected of them and will be offered assistance and
guidance in achieving those standards.
(b) Confidential
written records of such counselling will be made. The employee will be shown the written record and will have the
opportunity of commenting on its contents either in writing or orally. The
record will only be placed on the employee's file where the employee has been
given the opportunity of responding to the record.
(c) Employees
whose performance or behaviour is unsatisfactory will be given adequate time to
demonstrate a willingness to improve.
If, at the end of this period, the employee shows no willingness to
improve in the opinion of the Company, then disciplinary action up to and
including dismissal may be taken.
(d) Nothing in the
procedure shall limit the right of the Company to summarily dismiss an employee
for serious and wilful misconduct.
(e) At all stages
of the disciplinary process the employee will be entitled to have another
available employee present as a witness if desired. The Union representative is entitled to be informed providing
employee confidentiality is not breached.
17. Training
(a) Company
Initiated Training
(i) Employees may
undertake training and retraining as required by the Company.
(ii) The Company
will pay all costs associated with training whether it is formal, internal,
external or on the job.
(iii) Time off
without loss of pay will be provided.
However, if external training extends beyond the normal hours of work
the employee shall make the time available and be paid at single time.
(b) Employee
Initiated Training
(i) Employees
planning to undertake further training should discuss the matter with their
Manager.
(ii) The Company
will consider reimbursing part or all of the costs associated with the
training, provided that the training has relevance to the Company's current or
future needs.
(iii) Where the Company
agrees to reimburse part or all of the costs associated with the training the
employee will be notified in writing.
(iv) Reimbursement
for approved training will be made at the successful completion of each stage
of the course.
(v) Employees will
be required to submit a claim for payment accompanied by receipts.
(vi) The Company
may approve any reasonable request for time off work without pay for attendance
at such training including examinations and study leave. Requests for time off with pay should
utilise any available Annual Leave.
18. Trade Union
Training Leave
(a) An accredited
union representative shall, upon application in writing from the Union, be
granted leave with pay to attend Trade Union Training Courses. The application for leave shall contain the
following details:
(i) The period of
time for which leave is sought.
(ii) The
description and content of the course (if available) to be attended, where the
course is to be conducted and the entity conducting the course, agreed by the
parties.
(iii) Where
application is made for leave to attend a course not conducted by, the entity
agreed by the parties, the Company, shall be notified of the description and
content of the course.
(b) The granting
of such leave shall be subject to the Union giving not less than two weeks
notice in writing or such lesser period as may be agreed between the Company
and the Union
(c) The Company
will allow a total of an average of four days per annum over the term of this
Award for the purposes of Trade Union Training Leave.
(d) The average of
four days per annum of Trade Union Training Leave is to be distributed among
the Union delegates by agreement between the Unions.
(e) If less than a
total of four days of Trade Union Training Leave is taken in any one year of
this Award, the untaken days may be accumulated and taken in the following
year.
(f) The time of
taking such leave shall be arranged so as to minimise any adverse effect of the
Company's operations.
(g) The Company
shall not be liable for any additional expenses associated with an employee's
attendance at a course other than the payment of ordinary time earnings for
such absences.
(h) Leave rights
granted in accordance with this clause will not result in an additional payment
or alternative time off to the extent that the course attended coincides with
an employee's RDO or other day off.
(i) The Company
may require an employee to provide proof of attendance at the course before
payment is made for the period of leave.
(j) Leave of
absence granted pursuant to this clause shall count as service for all
purposes.
19. Job Security and
Redundancy
The Company guarantees for the term of this Award that no
retrenchments of permanent employees will occur because of improved efficiency
and flexibility resulting from this Award.
In cases where redundancy is to be considered and to occur
the following is to be implemented.
(a) Application
(i) This clause
shall apply in respect of full-time and part-time persons.
(ii) In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of subclause (d), termination of
Employment, of this clause.
(iii) Notwithstanding
anything contained elsewhere in this Award, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on the Company shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this Award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(b) Introduction
of Change
(i) Employer's
duty to notify
(a) Where the Company
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the Company shall notify the employees who may be
affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes, operation or
size of the Company's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
Provided that where this Award makes provision for
alteration of any of the matters referred
to herein, an alteration shall be deemed not to have significant effect.
(ii) Employer's
duty to discuss change
(a) The Company
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of
subclause (b) , the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussions
shall commence as early as possible after a definite decision has been made by
the Company to make the changes referred to in paragraph (i) of subclause (b).
(c) For the
purpose of such discussions, the Company shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that the Company shall not be required to disclose confidential
information the disclosure of which would adversely affect the Company.
(c) Redundancy -
Discussions before terminations
(i) Where the
Company has made a definite decision that it no longer wishes the job the
employee has been doing to be done by anyone pursuant to subparagraph (a) of
paragraph (i) of subclause (b) and that
decision may lead to the termination of employment, the Company shall hold
discussions with the employees directly affected and with the union to which
they belong.
(ii) The
discussions shall take place as soon as is practicable after the Company has
made a definite decision which will invoke the provision of paragraph (i) of
subclause (c), and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(iii) For the
purpose of the discussion the Company shall, as soon as practicable, provide to
the employees concerned and the union to which they belong all relevant
information about the proposed terminations, the number and categories of
employees likely to be affected, and the number of employees normally employed
and the period over which the terminations are likely to be carried out. Provided that the Company shall not be
required to disclose confidential information the disclosure of which would
adversely affect the Company.
(iv) The parties
agree that where redundancies are being considered, employees may express an
interest in being made redundant voluntarily. The parties further agree that
the company is not obliged to offer a redundancy to an employee who expresses
such an interest.
(d) Termination of
Employment
(i) Notice for
changes in production, programme, organisation or structure -
This subclause sets out the notice provisions to be
applied to terminations by the Company for reasons arising from production, programme,
organisation or structure, in accordance with subparagraph (a) of paragraph (i)
of subclause (b), of this clause:
(a) In order to
terminate the employment of an employee, the Company shall give to the employee
the following notice:
Period of continuous service
|
Period of notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to the
notice above, employees over 45 years of age at the time of the giving of the
notice, with not less than two years' continuous service, shall be entitled to
an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
technological change - This subclause
sets out the notice provisions to be applied to terminations by the Company for
reasons arising from technology in accordance with subparagraph (a) of
paragraph (i) of subclause (b).
(a) In order to
terminate the employment of an employee, the Company shall give to the employee
three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the Company for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time off during
the notice period
(a) During the
period of notice of termination given by the Company, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the Company, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the Company until the expiry of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(v) Statement of
employment - The Company shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the Company
shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) Employment
Separation Certificate - The Company shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required.
(viii) Transfer to
lower-paid duties - Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (i) of subclause (b) of this clause, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment had been terminated,
and the Company may, at the Company's option, make payment in lieu thereof of
an amount equal to the difference between the former ordinary-time rate of pay
and the new ordinary-time rates for the number of weeks of notice still owing.
(e) Severance Pay
(i) Where an
employee is to be terminated pursuant to subclause (d), Termination of
Employment, of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the Company shall pay the employee the
following severance pay in respect of a continuous period of service:
(a) Where the
Employee is made redundant by the Company
Where the Employee is under 45 years of age, the
Company will pay in accordance with the following scale:
Years of service
|
Entitlement- weeks
pay
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
Where the Employee is over 45 years of age, the Company
will pay in accordance with the following scale:
Years of service
|
Entitlement - weeks
pay
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(b) Where the
employee volunteers for redundancy and as a consequence is made redundant by
the Company
If an employee is under 45 years of age, the Company
shall pay in accordance with the following scale:
Years of service
|
Under 45 years of
age
|
|
Entitlement - weeks
pay
|
|
|
Less than 1 year
|
3 weeks
|
1 year and less than 2 years
|
7 weeks
|
2 years and less than 3 years
|
10 weeks
|
3 years and less than 4 years
|
13 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17 weeks
|
6 years and less than 7 years
|
19 weeks
|
7 years and less than 8 years
|
20 weeks
|
8 years and less than 9 years
|
21 weeks
|
9 years and less than 10 years
|
22 weeks
|
10 years and less than 11 years
|
23 weeks
|
11 years and less than 12 years
|
24 weeks
|
12 years and less than 13 years
|
25 weeks
|
13 years and less than 14 years
|
26 weeks
|
14 years and less than 15 years
|
27 weeks
|
15 years and less than 16 years
|
28 weeks
|
16 years and less than 17 years
|
29 weeks
|
17 years and less than 18 years
|
30 weeks
|
18 years and less than 19 years
|
31 weeks
|
19 years or more
|
32 weeks
|
Where an employee is 45 years of age or over, the entitlement
shall be in accordance with the following scale:
Years of Service
|
Entitlement
|
|
|
Less than 1 year
|
3 weeks
|
1 year and less than 2 years
|
8 weeks
|
2 years and less than 3 years
|
11.75 weeks
|
3 years and less than 4 years
|
15.5 weeks
|
4 years and less than 5 years
|
18 weeks
|
5 years and less than 6 years
|
20.5 weeks
|
6 years and less than 7 years
|
23.5 weeks
|
7 years and less than 8 years
|
24.5 weeks
|
8 years and less than 9 years
|
25.5 weeks
|
9 years and less than 10 years
|
26.5 weeks
|
10 years and less than 11 years
|
27.5 weeks
|
11 years and less than 12 years
|
28.5 weeks
|
12 years and less than 13 years
|
29.5 weeks
|
13 years and less than 14 years
|
30.5 weeks
|
14 years and less than 15 years
|
31.5 weeks
|
15 years and less than 16 years
|
32.5 weeks
|
16 years and less than 17 years
|
33.5 weeks
|
17 years and less than 18 years
|
34.5 weeks
|
18 years and less than 19 years
|
35.5 weeks
|
19 years or more
|
36.5 weeks
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay, overaward
payments, shift penalties and allowances paid in accordance with this award.
(ii) Incapacity to
pay - Subject to an application by the Company and further order of the
Industrial Relations Commission of New
South Wales, an employer may pay a lesser amount (or no amount) of severance
pay than that contained in paragraph (i) of this subclause.
The Commission shall have regard to such financial and
other resources of the Company concerned as the Commission thinks relevant, and
the probable effect paying the amount of severance pay in paragraph (i) of this
subclause, will have on the Company.
(iii) Alternative
employment - Subject to an application by the Company and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) of this clause, if the Company obtains
acceptable alternative employment for an employee.
(f) Savings
Clause - Nothing in this Award shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the union and the Company.
20. Contract of
Employment
(a) Employment
shall be on a weekly basis.
(b) Permanent
employment shall be probationary for the first two months. Extension to this
time period may be considered by the Company in consultation with the
Union(s). Termination by either party
shall be one week's notice. If
employment ceases during the first twelve weeks for any reason, the Company may
deduct half the cost of the safety boots/clothing issued to the employee from
any monies owing to the employee.
(c) Dismissal
shall not be harsh, unfair or unreasonable.
Subject to this constraint, employment can be terminated by the payment
or forfeiture of a week's wages, as the case may be. This shall not limit the Company's right to dismiss an employee
without notice for refusal of duty, inefficiency, neglect of duty, misconduct
including breach of Company rules and in such cases the wages shall be payable
up to the time of dismissal.
(d) Any employee
taking unauthorised absence from duty shall not be paid for the actual time of
such non-attendance and may be subject to further disciplinary action.
(e) The obligation
of the Company and employees to customers and their employees must be respected
by ensuring actions of the company or employees do not adversely affect
customers.
21. Anti
Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity age and carers
responsibility.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination
Act, 1977 it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation.
(ii) offering or
providing junior rates of pay to persons under 21 years of age.
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977.
(iv) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(e) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion.
22. Superannuation
An employee may sacrifice part of his or her pre-tax wage to
a complying superannuation fund provided the employee acknowledges that if the
contribution reduces his or her gross wage below the minimum level prescribed
in this Award, the employee can make no claim against the Company that he or
she has been under paid with respect to the terms of this Award.
23. Declaration
This Award has been negotiated through extensive consultation
between management, the unions and employees.
The content of the agreement has been canvassed with all parties. All parties are entering into this Award
with full knowledge as to the content and effect of the document.
The parties declare that this Award:
(a) is not
contrary to public interest;
(b) is not unfair,
harsh or unconscionable;
(c) was at no
stage entered into under duress; and
(d) reflects the
interests and desires of the parties.
24. No Extra Claims
Apart from commencing negotiation for a new Award to replace
this Award in accordance with clauses 6.2 and 25, neither the employees or the
Unions will, by any means whatsoever make any extra claims relating to
benefits, conditions, obligations or matters whether covered by this Award or
not.
25. Future
Negotiations
Subject to clause 6.2, the parties agree to commence
negotiations for a new agreement not less than six months before the nominal
expiry date of this Award.
PART B - RATES AND ALLOWANCES
Table 1 - Rates of
Pay
Base Hourly Rates
|
|
Rate prior
|
FFPP on or
|
FFPP on or
|
FFPP on or
|
|
to award
|
after 24
|
after 1st
|
after 2nd
|
|
|
August 2005
|
anniversary of
|
anniversary
|
|
|
|
Making this
|
of Making
|
|
|
|
Award
|
this Award
|
Production
and Maintenance Employees
|
|
|
|
|
Classification
|
Per Week
|
Per Week
|
Per Week
|
Per Week
|
|
$
|
$
|
$
|
$
|
Level 11 - Electronics
Tradesman
|
1,020.21
|
1,061.02
|
1,103.46
|
1,147.60
|
Level 10 - Advanced Engineering
|
|
|
|
|
Tradesperson II (Maintenance.
Planner)
|
985.53
|
1,024.95
|
1,065.95
|
1,108.59
|
Level 9 - Engineering
Tradesperson
|
|
|
|
|
Special Class II
|
914.31
|
950.88
|
988.92
|
1,028.47
|
Level 8 - Engineering
Tradesperson
|
|
|
|
|
Special Class I
|
844.22
|
877.99
|
913.11
|
949.63
|
Level 7 - Engineering
Tradesperson II
|
|
|
|
|
Plant Electrician
|
809.54
|
841.92
|
875.60
|
910.62
|
Level 6 - Engineering
Tradesperson I
|
774.33
|
805.30
|
837.52
|
871.02
|
Level 5 - Senior Plant
Controller
|
774.33
|
805.30
|
837.52
|
871.02
|
Level 4 - Plant Controller
|
745.77
|
775.60
|
806.62
|
838.89
|
Level 3 - Operator
|
725.37
|
754.38
|
784.56
|
815.94
|
Level 2 - Operator
|
665.68
|
692.31
|
720.00
|
748.80
|
Level 1 - Entry Level Operator
|
599.37
|
623.34
|
648.28
|
674.21
|
NOTES
1. Hourly Rate
includes Tool Allowance Levels 5 and above.
2. Hourly Rate
includes First Aid Allowance where applicable.
3. Electrician's
License to be added into hourly rate.
4. To progress
from level 2 to level 3 an existing Operator must:
(a) Understand and
Perform the Company Train Unloading Procedure in Conjunction With the
Locomotive Operator (If Required)
(b) Carry out
quality sampling and testing for his/her area of work in accordance with
Company procedures;
(c) Carry out feed
preparation at Moss Vale in accordance with Company procedures;.
(d) Obtain front
end loader and fork lift ticket;
(e) Obtain
occupational health and safety skills;
(f) Have a basic
understanding and can operate 119 Pin mill and associated feed in accordance
with Company procedures;
(g) Can assist in
problem solving and minor maintenance involving production process; and
(i) Crane
operation (if required).
5. To progress
from level 3 to level 4 an existing Operator must:
a) Have already
competently achieved Level 3 skills and knowledge.
b) Exhibit
competency in control, operation and production maintenance of all Milling
Systems
c) Exhibit ability
to optimise process milling efficiency
d) Be responsible
for and undertake production quality control and testing
e) Perform other
duties for which he or she is qualified.
6. to Progress
from Level 4 to Level 5 an Existing Operator Must
(a) have already
competently achieved Level 4 skills an knowledge
(b) conduct
Programmed inspections in accordance with Company procedures;
(c) Conduct
Programmed routine shutdowns; in accordance with Company procedures; and
(d) Conduce
Programmed maintenance.
7. Tradesmen at
level 6 and above must be able to operate milling circuits if so required.
Table 2 -
Allowances
Allowance
|
Rate prior to
|
From FFPP
|
From FFPP
|
From
FFPP
|
|
award
|
on or after 24
|
on or after 1st
|
on
or after2nd
|
|
|
August 2005
|
anniversary
|
anniversary
|
|
|
|
of making
|
of
making
|
|
|
|
this Award
|
this
Award
|
|
$
|
$
|
$
|
$
|
(a) Shift Allowance -
|
|
|
|
|
Day
|
10.73
|
11.16
|
11.61
|
12.07
|
Afternoon
|
21.44
|
22.30
|
23.19
|
24.12
|
Night
|
32.15
|
33.44
|
34.77
|
36.16
|
(b) Leading Hand (to be
included in hourly
|
|
|
|
|
rate) - Per 8 Hour shift
|
7.86
|
8.17
|
8.50
|
8.84
|
(c) First Aid (to be included
in hourly rate)
|
13.18
|
13.71
|
14.26
|
14.83
|
(d) Tool Allowance (is included
in hourly rate)
|
13.13
|
13.66
|
14.20
|
14.77
|
(e) Electrician's Licence (to
be included in
|
|
|
|
|
hourly rate)
|
32.44
|
33.74
|
35.09
|
36.49
|
Appendix A
1. Classification
Structure - Production and Maintenance Employees
Level 11
|
Electronics Tradesman
|
Level 10
|
Advanced Engineering Tradesperson II (Maintenance Planner)
|
Level 9
|
Engineering Tradesperson Special Class II
|
Level 8
|
Engineering Tradesperson Special Class I
|
Level 7
|
Engineering Tradesperson II / Plant Electrician
|
Level 6
|
Engineering Tradesperson
|
Level 5
|
Senior Plant Controller
|
Level 4
|
Plant Controller
|
Level 3
|
Operator
|
Level 2
|
Operator
|
Level 1
|
Entry Level Operator
|
Classification Descriptions - Production and Maintenance
Employees
Level 1 "Entry Level"
This employee is employed on probation for up to 2 months to
allow full assessment of his/her ability by the work team and management.
The Trainee Operator must achieve and demonstrate competency
in all aspects of the operation for which he/she is trained.
Core Requirements:
basic plant and safety knowledge;
bagging of product and bulk despatch;
automatic and manual palletising; and
obtaining Learners Permits for Fork Lift and Front End
Loader and undertake operation of this equipment.
on achieving competency in these Core Skills he/she will
progress to Level 2 - Operator.
Any employee who has difficulty in attaining progression to
Level 2 will be provided with special assistance to attempt to overcome
learning problems.
Level 2 "Operator"
Carry out any duties to the extent of his/her training and
ability. Primary duties will include
all aspects of product packaging and despatch.
Must finalise acquisition of Fork Lift and Front End Loader Tickets.
Obtain Overhead Crane Permit if appropriate.
Will be required to acquire Occupational Health and Safety Skills and
carry out general duties.
Level 3 "Operator"
The primary workplace skills and activities which apply to
Level 3 - Operator are:
materials handling and feed preparation;
despatch of product;
general duties;
occupational health and safety;
communication and team skills;
problem solving, basic milling knowledge;
quality sampling and testing;
on-line minor maintenance; and
other duties for which he/she may be qualified.
obtain mobile crane permit if appropriate.
Level 4 "Plant Controller"
Carry out any duties to the extent of his/her training and
ability. Primary duties will include
control and operation and production maintenance of Milling Systems.
production process (milling);
optimise process milling efficiency;
production quality control; and
other duties for which he/she may be qualified.
Level 5 "Senior Plant Controller"
A Plant Controller who has obtained a Company recognised
qualification (equivalent to Trade Qualification) and can competently carry out
work at a high level in production and including team leader. Would need to exercise all the above
skills. Senior Plant Controller would be called upon to carry out higher level
repairs which they are qualified to do. (Trades Based Entry Level)
Level 6 "Engineering Tradesperson Level 1"
Engineering Tradesperson Level 1
An Engineering Tradesperson Level I is an employee who holds
a Trade Certificate or Tradespersons Rights Certificate as an:
i Engineering
Tradesperson (electrical/electronic) Level I;
ii Engineering
Tradesperson (mechanical) Level I;
iii Engineering
Tradesperson (fabrication) Level 1;
and is able to exercise the skills and knowledge of that
trade.
An Engineering Tradesperson Level I.
1 Understands
and applies of quality control techniques;
2 Exercises
good interpersonal skills and communication skills;
3 Exercises
keyboard skills at a higher level than lower grades;
4 Exercises
discretion within the scope of this grade;
5 Performs work
under limited supervision either individually or in a team environment;
6 Operates all
lifting equipment incidental to his/her work;
7 Performs
non-trade tasks incidental to his/her work;
8 Performs work
which while primarily involving the skills of the employee's trade is
incidental or peripheral to the primary task and facilitates the completion of
the whole task. Such incidental or peripheral work would not require additional
formal technical training;
9 Able to
inspect products and/or materials for conformity with established operational
standards.
10 Can operate
limestone production processes to test run, fault restart and familiarise with
the production process.
Level 7 "Engineering Tradesperson Level II"
Engineering Tradesperson Level II
An Engineering Tradesperson Level II is an:
i Engineering
Tradesperson (electrical/electronic) Level II;
ii Engineering
Tradesperson (mechanical) Level II; or
iii Engineering
Tradesperson (fabrication) Level II;
Who has completed the following training requirement:
i 33% of the
modules towards and appropriate Post Trade Certificate;
ii or has
completed equivalent modules of Company nominated training.
An Engineering Tradesperson Level II works above and beyond an
Engineering Tradesperson Level 1 and to the level of their training;
1 Exercises the
skills attained through satisfactory completion of the training prescribed for
this classification subject to the standards prescribed by Appendix A of this
Award
2 Exercises the
discretion within the scope of this grade.
3 Works under
general supervision either individually or in a team environment.
4 Understands
and implements quality control techniques.
5 Provide trade
guidance and assistance as part of a work team.
6 Exercises
trade skills relevant to the specific requirements of the enterprise at a level
higher than Level 6.
Tasks which employees at this level may perform are subject
to the employees having the appropriate Trade and Post Trade Training to enable
them to perform particular tasks.
Level 8 "Engineering Tradesperson Special Class I"
A Special Class Engineering Tradesperson Level I means a:
i Special
Class Engineering Tradesperson (electrical/electronic) Level I; or
ii Special
Class Engineering Tradesperson (mechanical) Level 1; or
iii Special
Class Engineering Tradesperson (fabrication) Level 1;
who has completed the following training requirement:
i 66% of the
modules towards an appropriate Post Trade Certificates;
ii or has completed
equivalent modules of Company nominated training.
A Special Class Engineering Tradesperson Level I:
1 Exercises the
skills attained through satisfactory completion of the training prescribed for
this classification.
2 Provides
trade guidance and assistance as part of a work team.
3 Assists in
the provision of training in conjunction with supervisors and trainers.
4 Understands
and implements quality control techniques.
5 Work under
limited supervision either individually or in a team environment.
6 Exercises
trade skills relevant to the specific requirements of the enterprise at a level
higher than level 7.
The following indicative tasks which an employee at this
level may perform are subject to the employee having appropriate Trade and Post
Trade Training to enable the employee to perform the particular indicative
tasks.
a Exercises
high precision trade skills using various materials and/or specialised
techniques;
b Performs
operations on a CAD/CAM terminal in the performance of routine modifications to
NC/CNC programs.
c Installs,
repairs and maintains, tests, modifies, commissions and or fault finds on
complex machinery and equipment which utilises hydraulic and or pneumatic
principles and in the course of such work is required to read and understand
hydraulic and pneumatic circuitry which controls fluid power systems.
d Works on
complex or intricate circuitry which involves examining, diagnosing and
modifying systems comprising interconnected circuits.
Level 9 " Engineering Tradesperson Special Class
II"
A Special Class Engineering Tradesperson level II means a:
i Special
Class Engineering Tradesperson (electrical/electronic) Level II; or
ii Special
Class Engineering Tradesperson (mechanical) Level II; or
iii Special
Class Engineering Tradesperson (fabrication) Level II.
who has completed the following training requirement:
i An
appropriate Post Trade Certificate;
ii or has
completed equivalent modules of Company nominated training.
An Engineering Tradesperson Special Class Level II:
1 Exercises the
skills attained through satisfactory completion of the training prescribed for
this classification.
2 Is able to
provide trade guidance and assistance as part of a work team.
3 Provides
training in conjunction with supervisors and trainers.
4 Understands
and implements quality control techniques.
5 Works under
limited supervision either individually or in a team.
6 Exercises
trade skills relevant to the specific requirements of the enterprise at a level
higher than level 8.
The following indicative tasks which an employee at this
level may perform are subject to the employee having appropriate Trade and Post
Trade Training to enable the employee to perform eh particular indicative
tasks;
a Works on machines
or equipment which utilise complex mechanical, hydraulic and/or pneumatic
circuitry and controls or a combination thereof;
b Works on
machines or equipment which utilise complex electrical/electronic circuitry and
controls.
c Works on
instruments which make up a complex control system which utilises some
combination of electrical/electronic, mechanical or fluid power principles.
d Applies
advanced computer numerical control techniques in machining or cutting or
welding or fabrication.
e Exercises
intermediate CAD/CAM skills in the performance of routine modifications to
programs
f Works on
complex or intricate interconnected electrical circuits at a level above level
8.
g Works on
complex radio/communication equipment.
Level 10 "Advanced Engineering Tradesperson Level II
(Maintenance Planner)"
An Advanced Engineering Tradesperson Level II means an;
i Advanced
Engineering Tradesperson (electrical/electronic) Level II;
ii Advanced
Engineering Tradesperson (mechanical) Level II; or
iii Advanced
Engineering Tradesperson (fabrication) Level II.
who has completed:
i Advanced
Certificate; or
ii or has
completed equivalent modules of Company nominated training.
An Advanced Engineering Tradesperson Level II works above and
beyond a tradesperson at level 9 and to the level of his/her training and:
1 Provides
technical guidance within the scope of this level.
2 Prepares
reports of a technical nature on specific tasks or assignments as directed or
within the scope of discretion at this level.
3 Has an
overall knowledge and understanding of the operating principles of the systems
and equipment on which the tradesperson is required to carry out his/her task.
4 Assists in
the provision of on the job training in conjunction with supervisors and
trainers.
5 Exercises
trade skills relevant to the specific requirements of the enterprise at a level
higher than level 9.
The following indicative tasks which an employee at this
level may perform are subject to the employee having appropriate trade and
post-trade training to enable the employee to perform the particular indicative
tasks:
a Through a
systems approach is able to exercise high level diagnostic skills on complex
forms of machinery, equipment and instruments which utilise some combination of
electrical, electronic, mechanical or fluid power principles.
b Set up,
commission, maintain and operate sophisticated maintenance, production and test
equipment and/or systems involving the application of computer operating skills
at a higher level than Advanced Engineering Tradesperson Level I.
c Works on
various forms of machinery and equipment electronically controlled by complex
digital and/or analogue control systems using integrated circuitry.
d Works on
complex electronics or instruments or communications equipment or control
systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital
control systems using integrated circuitry.
Level 11 "Electronics Tradesman"
Electronics Tradesman means an electrical tradesman who is
engaged in applying his knowledge and skills to the task of installing,
repairing, maintaining, servicing, modifying, commissioning, testing, fault
finding and diagnosing of various forms of machinery and equipment which are
electronically controlled by complex digital and/or analogue control systems
utilising integrated circuitry. The application of this skill and knowledge
would require an overall understanding of the operating principles of the systems
and equipment on which the tradesman is required to carry out his tasks.
To be classified as an electronics tradesman, a tradesman
must have at least three years on the job experience as a tradesman in
electronic systems utilising integrated circuits and in addition must have
satisfactorily completed a post trades course in electronics equivalent to a
least two years' part time study.
In addition, to be classified as an electronics tradesman, a
tradesman must be capable of:
a Maintaining
and repairing multi-function printed circuitry using circuit diagrams and test
equipment;
b Working under
minimum supervision and technical guidance;
c Providing
technical guidance within the scope of the work described in this definition;
d Preparing
reports of a technical nature on specific tasks or assignments as directed and
within the scope of the work described in this definition;
e Carrying out
duties and responsibilities of a Level 10 employee.
An employee may also, over time, be provided with a structured
program of training that will allow them to competently perform work at higher
grades.
Progression - An employee may progress to a higher grade on
the basis of being able to competently perform the skills to work at the higher
grade and on being selected for a
position when a position at that level becomes available.
When accredited competency-based training and assessment
becomes available for higher grades, successful completion of this training and
assessment will be required for progression to a higher grade.
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.