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New South Wales Industrial Relations Commission
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ENDEAVOR MINE AWARD 2004
  
Date03/03/2006
Volume357
Part3
Page No.826
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4308
CategoryAward
Award Code 1508  
Date Posted03/03/2006

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(1508)

(1508)

SERIAL C4308

 

ENDEAVOR MINE AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 4369 of 2003)

 

Before Mr Deputy President Grayson

18 June 2004

 

AWARD

 

1.  Title

 

This Award shall be known as the Endeavor Mine Award 2004.

 

2.  Arrangement

 

Clause No.         Subject Matter

 

1.         Title

2.         Arrangement

3.         Application and Parties Bound

4.         Duration

5.         Probationary Employment

6.         Performance and Flexibility

7.         Stand Down

8.         Abandonment of Employment

9.         Termination of Employment

10.       Hours of Work

11.       Classification and Wage Rates

12.       Additional Hours

13.       Casual Employment

14.       Payment of Wages

15.       Superannuation

16.       Public Holidays

17.       Annual Leave

18.       Sick Leave

19.       Bereavement Leave

20.       Jury Service Leave

21.       Long Service Leave

22.       Parental Leave

23.       Safe to Work

24.       Work Clothing and Footwear

25.       Site Security

26.       Health and Hygiene

27.       Workers Compensation 28. Redundancy

29.       Anti-Discrimination

30.       Union Membership

31.       Extra Claims

32.       Grievance Resolution Procedure

 

3.  Application and Parties Bound

 

(a)        This Award shall apply to and be binding upon any employer of employees who are principally working at the Endeavor Mine in classifications covered by this Award.

 

and:

 

(b)        The Australian Workers Union, New South Wales Branch, and employees eligible to be members of the Union who are principally working at the Endeavor Mine.

 

(c)        This Award rescinds and replaces the Elura Mine Enterprise (Consent) Award 2001 published 30 May 2003 (339 I.G. 718).

 

4.  Duration

 

(a)        This Award shall take effect from the first full pay period on or after 1 July 2004 and shall remain in force for a period of 2 years.

 

(b)        Negotiations for the subsequent renewal of this Award shall commence six months prior to the expiration of this Award.

 

5.  Probationary Employment

 

(a)        Employees will initially be engaged by their employer on a probationary basis for a period of no longer than 12 weeks. The probationary period will permit employees to be inducted, undergo initial training and familiarisation and for the employer to assess employees suitability for on-going employment.

 

(b)        During this probationary period either party may terminate employment by giving one day's notice.

 

(c)        During the probationary period an employee's service will count for the purposes of accruing entitlements and benefits under this Award.

 

6.  Performance and Flexibility

 

(a)        The expectation that an employer has of all employees is that they will:

 

strive to meet the production schedules and quality targets of the employer;

 

actively co-operate to establish and maintain a safe and healthy work environment;

 

suggest improvements and apply efficient work practices to constantly achieve high quality performance;

 

actively participate to create an effective, highly productive and successful team;

 

maintain and promote an open and communicative work environment.

 

(b)        Employees will be required to work to the best of their ability and will perform such work as reasonably required by the employer within the bounds of safety, training and competence.

 

(c)        The employer will require employees to be flexible with respect to work practices and work patterns including:

 

(i)         acquiring and applying knowledge and skills to operate and/or maintain the plant, equipment and undertake work tasks proficiently;

 

(ii)        undertaking work and duties as directed by the employer and consistent with (i) above;

 

(iii) working in a shift roster system as determined appropriate for the operation;

 

(d)        Employees will comply with any Endeavor Mine or employer policies and procedures which are established from time to time to ensure that safe, efficient and cost-effective operations are achieved. These policies include OH&S, environmental management, security, personnel and general administration.

 

7.  Stand Down

 

In circumstances where the employer is required to temporarily cease part or all of the operations the employer has the right to stand employees down without payment. Such stand-down will only occur after employees have been made fully aware of the employer's situation and there is no appropriate alternative work available for employees.

 

8.  Abandonment of Employment

 

In the event that an employee is absent for-more than three consecutive working days without notifying the employer, the employer will assume that the employee has abandoned employment and terminate employment effective from the last day of work attended.

 

9.  Termination of Employment

 

(a)        Employment may be terminated by either the employer or the employee giving notice in accordance with the following scale:

 

 

Period of Notice

Employees Period of Continuous

45 years of age and under

Over 45 years of age

Service with Employer

 

 

 

 

 

Not more than 1 year

1 week

1 week

 

 

 

More than 1 year but not more than 2 years

2 weeks

2 weeks

 

 

 

More than 2 years but not more than 3 years

2 weeks

3 weeks

 

 

 

More than 3 years but not more than 5 years

3 weeks

4 weeks

 

 

 

More than 5 years

4 weeks

5 weeks

 

(b)        The employer may make payment in lieu of providing notice and an employee may forfeit the value of wages the employee would have otherwise earnt if the employee fails to work the full period of notice.

 

(c)        Notwithstanding the period of notice detailed above, the employer will have the right to dismiss an employee without notice for conduct that justifies summary dismissal and in such cases wages will be paid up to the time of dismissal only.

 

10.  Hours of Work

 

(a)

 

(i)         Employees will be required to work in a roster system that is established by the employer to meet the production and maintenance requirements of the Endeavor Mine.  Such roster systems shall be in accordance with the NSW Mines Inspection Act or as approved by the Chief Inspector of Mines.

 

(ii)        No later than the 1st October 2004 any employees permanently employed at the Endeavor Mine in underground production and maintenance activities shall be rostered to work 4 on/4 off rosters which average 42 roster hours per week.

 

(b)        In Relation to Shift Commencement and Shift Finishing Times the Employer Shall Provide Transport to and from Cobar and the Endeavor Mine So as to Provide that:

 

(i)         employees will be changed and ready to commence work at the designated shift commencement time.

 

(ii)        there is a requirement for continuous shift employees to be "on the job" to facilitate an effective shift changeover at least 15 minutes prior to the shift commencement time.

 

(iii)       employees will remain on the job until the designated shift finishing time unless otherwise approved by the Supervisor.

 

(iv)       employees will shower and change following the completion of the rostered shift.

 

(c)        In each shift employees will be entitled to meal breaks which will be counted as time worked as follows:

 

(i)         in a rostered shift that is in excess of 10 hours duration there will be a 50 minute crib break. The Supervisor and the employees may agree that the crib break be taken in two separate breaks which total 50 minutes provided there is not any additional lost production time.

 

(ii)        in a rostered shift of 10 hours or less duration there will be a 30 minute break.

 

(iii)       the crib breaks in each shift will be taken in designated crib rooms and taken at such time as will not interfere with continuity of work and will be staggered within a crew to enable continuity of work or production.

 

(d)        employees may be required to transfer from one roster system to another or from one shift to another and in such cases employees shall be given as much notice as practicable of such transfer or change.

 

(e)        employees may swap shifts subject to the prior approval of the employees' supervisors.

 

11.  Classification and Wage Rates

 

(a)        The hourly wage rates that will be paid to an employee under this Award are as follows:

 

 

Base Rate

Roster Rate

Tradesman

 

 

 

Surface

16.50

27.65

 

Underground

16.50

29.65

Concentrator

 

 

 

Shift Operator Grade 3

12.50

22.65

 

Shift Operator Grade 2

14.10

25.65

 

Shift Operator Grade 1

15.20

27.65

 

Daycrew

12.50

18.25

Mine Production

 

 

 

Nipper

14.10

23.65

 

Mine Services

14.70

24.65

 

Crusher

14.70

24.65

 

Truck Driver

15.50

25.65

 

Production Bogger

15.50

25.65

 

Grader Operator

15.50

25.65

 

Road Train

15.50

25.65

 

Mining/Ground Support

16.00

28.15

 

Production Driller

16.00

28.15

 

Jumbo Driller

16.50

30.65

 

(b)        At the time of being offered employment employees will be provided with details of their classification, Base Rate and Roster Rate. These rates may be above the wage rates provided in (a) above in recognition of an individual employee's skills and experience.

 

(c)        The Roster Rate will be paid for all rostered hours worked. The Roster Rate is all inclusive and has been established taking into account the following:

 

the "ordinary hours of work" are deemed to be 38 hours per week.

 

all and any disabilities associated with the work environment.

 

the duration of rostered shifts.

 

recognition that rostered shifts may fall on dayshift or nightshifts, weekends or public holidays.

 

(d)        An employee rostered to work only on a dayshift, Monday to Friday, roster will be paid a Roster Rate of 80% of the Roster Rate provided by (a) above.

 

(e)        The Base Rates and Roster Rates provided in (a) above shall be increased in line with any State Wage Case Decision of the NSW Industrial Relations Commission.

 

Any increase shall apply from the commencement of the pay period immediately following the decision.

 

(f)         Employees engaged in production bogging, mining/ground support, production drilling or jumbo mining may be paid a productivity payment in addition to the Roster Rate.

 

Such additional payments may be determined by the employer on the basis of measurable productivity and performance.

 

(g)        An employee engaged on duties at a higher Roster Rate than their normal classification shall be paid the higher Roster Rate for time spent on such duties.

 

Should an employee be required to undertake work at a lower rate than their normal classification they shall remain on their normal classification Roster Rate whilst undertaking such work.

 

12.  Additional Hours

 

(a)        Employees who work additional hours to their rostered hours shall be paid at double time the Base Rate (in lieu of the Roster Rate) for all such additional hours worked.

 

(b)        In the event that an employee is required to work hours in excess of the rostered working hours, the Supervisor and employee shall ensure that a rest period of 10 hours is taken between work on successive days to avoid tiredness or fatigue. In the event that such rest period overlaps with normal rostered hours employees shall be paid for the rostered hours not worked.

 

(c)        An employee who is recalled to work between shifts on successive days or on a rostered day off shall be paid at the rate provided for in Clause 12 (a) above. Time taken to travel to and from site shall be counted as time worked. The minimum payment shall be four hours.

 

(d)

 

(i)         Subject to (ii) below, an employer may require an employee to work reasonable hours in addition to their rostered hours at rates as provided for by this award.

 

(ii)        An employee may refuse to work such additional hours in circumstances where the working of such hours would result in the employee working hours which are unreasonable.

 

(iii)       For the purposes of (ii) what is unreasonable or otherwise will be determined having regard to:

 

any risk to employee health and safety;

 

the employee's personal circumstances including any family and carer responsibilities;

 

the needs of the workplace or enterprise;

 

the notice (if any) given by the employer of the requirement to work additional hours and by the employee of his or her intention to refuse it; and

 

any other relevant matter.

 

13.  Casual Employment

 

(a)        An employer may engage employees on a casual basis to fill temporary shortages of labour or to meet additional work requirements.

 

(b)        A casual employee shall be paid on an hourly basis at the Roster Rate in subclause 11(a) of this award plus $2.

 

(c)        A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this award during a calendar period of three months shall thereafter have the right to elect to have his or her contract of employment converted to permanent full-time employment.

 

(d)        the employer of such a casual employee shall give the employee notice in writing of the provisions of subclause (c) 4 weeks prior to the employee having attained such period of three months.  However, the employee retains his or her right of election under subclause (c) if the employer fails to comply with this notice requirement.

 

14.  Payment of Wages

 

(a)        Wages will be paid on a fortnightly or twice-monthly basis into a bank account which employees nominate, with pays being deposited into bank accounts within 3 working days of the pay period ending.

 

(b)        Upon termination of employment, wages owing to employees will be paid direct into a bank account on the day of termination or, at the latest, within 2 working days of termination.

 

15.  Superannuation

 

The employer will contribute to an approved superannuation fund nominated by the Company 9% of the employees ordinary time earnings each fortnight.

 

"Ordinary time earnings" shall be deemed to be the employees Roster Rate multiplied by hours worked up to 76 hours per fortnight.

 

16.  Public Holidays

 

(a)        The following days shall be public holidays under this Award.

 

New Years Day

Queens Birthday

Australia Day

Labour Day

ANZAC Day

Christmas Day

Good Friday

Boxing Day

Easter Monday

Endeavor Mine Picnic Day

 

together with any additional public holidays gazetted for the whole of New South Wales.

 

(b)        Should an employee be a shift worker the employee shall be required to work normally on such public holidays as rostered for work.

 

(c)        Should an employee be a day worker they shall generally not be required to work on such public holidays and shall be paid at their Base Rate for normal rostered hours not worked.

 

(d)        In the event that a shift worker or a dayworker is required to work on a public holiday the employee shall be paid the Base Rate plus Roster Rate for all hours worked.

 

(e)        A shift worker who is rostered off on a public holiday shall receive no additional payment.

 

(f)         The Endeavor Mine Picnic Day will be held on a date to be determined by the majority of employees covered by this Award.

 

17.  Annual Leave

 

(a)        Employees are entitled to the following annual leave entitlement for each completed year of service:

 

Continuous Shift Workers

5 weeks

Dayworkers

4 weeks

 

To calculate the actual annual leave entitlement in hours the entitlement is multiplied by the average number of hours the employee is rostered to work each week.

 

(b)        Employees shall accrue leave according to whether they are working as a shift worker or a day worker.

 

(c)        Employees may apply for and take annual leave at any time, provided:

 

(i)         the leave is taken at a time convenient and approved by the employer taking into account labour requirements of the operation;

 

(ii)        the amount of leave taken does not exceed the employees accrued pro-rata entitlement;

 

(iii)       the period of annual leave is exclusive of public holidays for day workers;

 

(d)        Rostered hours taken as annual leave shall be paid at the employees Roster Rate or Base Rate plus 17 1/2 % annual leave loading whichever is the higher.

 

(e)        On termination employees will be entitled to any accrued untaken leave entitlement.

 

18.  Sick Leave

 

(a)        Employees will be entitled to a maximum of 80 hours paid leave per year for absences due to personal illness or injury. Such leave shall accrue at the rate of 1.5343 hours per week of service and the amount of paid leave taken at any time shall not exceed the employees accrued pro-rata entitlement.

 

(b)        Sick leave shall be paid at the employees Base Rate for rostered hours only.

 

(c)        Payment for sick leave is conditional upon employees:

 

(i)         informing the employer, wherever practicable, prior to the commencement of such absence of the inability to attend work, the nature of the illness and the estimated duration of the absence; and

 

(ii)        providing to the employer a Doctor's Certificate if required as outlined in (d) below.

 

(d)        Employees are required to provide a Doctor's Certificate for any absence due to illness where the absence:

 

(i)         occurs during the probationary period of service;

 

(ii)        is of two or more consecutive days duration;

 

(iii)       after an employee has exhausted their entitlement to paid sick leave;

 

(iv)       occurs on a public holiday or on either rostered shift immediately before or after the public holiday;

 

(v)        as specifically and reasonably requested by the employer.

 

(e)        In the event that employees are absent from work other than on an approved leave and do not produce a Doctor's Certificate as required pursuant to this clause, they will be deemed to have been absent from work without authorisation and will not be paid.

 

(f)         Any part of an employees sick leave entitlement which has not been taken in any year will be accrued and available to be claimed in a subsequent year of continued employment.

 

(g)

 

(i)         an employee may utilise any accumulated sick leave to enable paid leave from work in situations where an employee is required to care for a family member for which the employee is responsible.

 

(ii)        under circumstances where an employee is seeking carer's leave under this Clause the employee must apply for leave and shall provide evidence to support the application for leave should it be requested by the Company.

 

(h)        Any accrued untaken sick leave shall not be paid on termination.

 

19.  Bereavement Leave

 

(a)        Employees will, on the death of their spouse, parent, brother, sister, child, step-child, parent-in-law, grandparent, brother-in-law or sister-in-law be entitled to 3 consecutive shifts leave with pay at their Roster Rate.  Should an employee be required to travel outside of Australia to attend the funeral the employee will be entitled to 5 consecutive shifts leave at their Roster Rate.

 

(b)        For the purpose of this clause the word "spouse" will include de facto spouse and the word "parent" will include foster parent and step-parent.

 

20.  Jury Service Leave

 

(a)        An employee required to attend for Jury Service during his/her normal rostered hours shall be paid by the company the difference between the amount paid in respect of attendance and the employee's Roster Rate for the period of leave.

 

(b)        An employee shall notify the Company as soon as possible of the date(s) upon which there is a requirement to attend for Jury Service. Further, the employee shall provide to the Company proof of attendance and the duration and amount received for such attendance.

 

21.  Long Service Leave

 

Employees will be entitled to long service leave in accordance with the provisions of the NSW Long Service Leave (Metalliferous Mining Industry) Act.

 

An employee who has completed 5 years continuous service and resigns or is terminated by the employer for other than serious and wilful misconduct shall be paid long service leave on a pro-rata basis on termination.

 

22.  Parental Leave

 

Employees will be entitled to maternity, paternity and adoption leave in accordance with the provisions of the NSW Industrial Relations Act

 

23.  Safe to Work

 

Employees shall be required to comply with the Endeavor Mine's and the employer's Alcohol & Other Drugs Policy - which include the requirement to submit to random or reasonable cause alcohol and other drugs testing.

 

24.  Work Clothing and Footwear

 

(a)        Clothing

 

(i)         full-time employees will be provided with three sets of work clothing and three flannels by the Client on engagement which shall be replaced on the basis of "fair wear and tear".  Employees will be required to wear the supplied work clothing whilst at work.

 

(ii)        Endeavor Mines shall arrange for the laundering of work clothing.

 

(b)        Safety Footwear

 

(i)         employees will be provided with appropriate safety footwear which employees will be required to wear whilst at work.

 

(ii)        safety footwear provided by the employer will be replaced when no longer suitable for protection as a result of "fair wear and tear".

 

25.  Site Security

 

Employees shall be required to comply with Endeavor Mines site security and access procedures which includes the requirement to have lockers, bags and vehicles searched without prior warning.

 

26.  Health and Hygiene

 

As the Endeavor Mine mines and processes lead employees are required to comply with all hygiene requirements which have been established for employees working in such environments. This information will be provided to employees at Induction.

 

It is a condition of employment that if employees are working in the underground operations, or in and around the Concentrator, employees must shower and change after the conclusion of their shift prior to leaving the site.

 

27.  Workers Compensation

 

The employers will administer workers compensation in accordance with the NSW Workers Compensation Act 1987 and the NSW Workplace Injury Management & Workers Compensation Act 1998.

 

In relation to any periods of incapacity for which an employee is entitled to be paid workers compensation the payments will be paid at the Roster Rate up to the following maximum hours for each rostered shift absent

 

Dayworker Mon-Fri

7.60 hours

Shift Worker - 3 panel

8.14 hours

Shift Worker - 4 panel

10.86 hours

 

28.  Redundancy

 

In the event of an employees position becoming redundant an employee shall be entitled to severance payments in accordance with the entitlements provided by the NSW Metalliferous Mining Industry (State) Award.

 

For the purposes of this entitlement a "week's wages" shall be an employees Roster Rate multiplied by 38 hours.

 

29.  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 carer's 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.

 

30.  Union Membership

 

(a)        A full-time employee, or a casual employee with two or more months continuous service, may authorise for the employer to have membership fees of the Australian Workers Union, NSW Branch, deducted from the employee's wages on a fortnightly basis.

 

(b)        The employer shall be entitled to retain 5% of the fees deducted to cover administration costs.

 

31.  No Extra Claims

 

The Union and the employees party to this Award undertake they will not pursue any extra claims, award or over award, for the duration of this Award unless an applicable State Test Case decision is made in which case the AWU reserves its rights to apply as appropriate.

 

32.  Grievance Resolution Procedure

 

(a)        General

 

(i)         it is acknowledged problems may arise from time to time and that is necessary to resolve these matters promptly without any stoppages of work, ban or any limitation on the performance of work.

 

(ii)        in the event of an employee having any difficulties or concerns the employee should raise the matter with the Supervisor who will make every effort to resolve the matter.

 

(iii)       if the matter cannot be resolved by the Supervisor the employee should refer the matter directly to the Company's Site Manager who will discuss and resolve the matter.

 

(iv)       at any stage in the process the employee may elect a third party or Union Organiser to represent the employee.

 

(v)        nothing shall prevent the employer or the employee from notifying the NSW Industrial Relations Commission and requesting its assistance should the matter not be resolved to the satisfaction of both the employer and employee.

 

(b)        Safety Concerns

 

It is recognised that problems related to safety and other hazardous situations may arise from time to time, which require immediate attention and decision. An unsafe and hazardous situation is a situation, which is considered by an employee to endanger their safety.

 

(i)         where a problem arises in connection with safety, the employee will report the matter to his immediate Supervisor.

 

(ii)        if the matter is not resolved, the employee should request the Supervisor to immediately contact the employees Site Manager and the employers OH&S Officer.

 

(iii)       if the matter is still unresolved, the matter will be referred to the Registered Mine Manager.

 

(iv)       failing resolution of the matter by the Registered Mine Manager, the issue will be referred to the Regional Inspector of Mines who shall make the final decision in that capacity.

 

(v)        when it is necessary for work to be done to rectify a dangerous situation the employer and the employees will co-operate to ensure maximum safety to all employees concerned with such work.

 

(vii)      whilst these procedures are continuing, the status quo shall remain and no stoppage of work or any form of limitation or work shall be applied, except as provided in (ii) (c) above.

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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