BLUESCOPE STEEL (AIS) PTY LTD - PORT KEMBLA STEELWORKS EMPLOYEES AWARD
2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by BlueScope
Steel (AIS) Pty Ltd.
(Nos. IRC 6748 & 6749 of 2005)
Before The Honourable
Justice Walton, Vice-President
|
13 January 2006
|
AWARD
PART A - GENERAL CONDITIONS
DIVISION 1 - APPLICATION AND OPERATION OF AWARD
1. Award Title
This award is entitled BlueScope Steel (AIS) Pty Ltd - Port
Kembla Steelworks Employees Award 2006.
2. Arrangement
PART A-GENERAL CONDITIONS
DIVISION 1 - APPLICATION AND OPERATION OF AWARD
Clause No. Subject Matter
1. Award Title
2. Arrangement
3. Area, Incidence and Duration
4. Definitions
5. No Extra Claims
DIVISION 2 - RATES OF PAY AND RELATED MATTERS
6. Rates of Pay
7. Superannuation
8. Special Rates (All Purpose)
9. Disability Rates
10. Maximum
Payment
11. Retention
of Rate
12. Time and
Payment of Wages
DIVISION 3 - HOURS OF WORK
13. Hours of
Duty
14. Employees
Presenting Themselves for Work and Not Required
DIVISION 4 - SHIFT WORK AND OVERTIME
15. Shift Work
Allowances For Shift Workers
16. Saturday
Rates For Shift Workers
17. Shift
Workers Whose Ordinary Working Period Includes Sundays and Public Holidays as
Ordinary Working Days
18. Sunday and
Public Holiday Rates
19. Night Work
for Day Workers and Day Shift Workers
20. Transfer
of Day Workers from Day Work to Shift
Work
21. Transfer
of Shift Workers
22. Overtime
DIVISION 5 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
23. Public
Holidays
24. Sick Leave
25. Personal/Carer’s
Leave
26. Annual
Leave
27. Days Added
to the Period of Annual Leave or Long Service Leave
28. Long
Service Leave
29. Jury
Service
30. Compassionate
Leave
31. Parental
Leave
DIVISION 6 - EMPLOYMENT RELATIONSHIP
32. Contract of
Employment
33. Requirements
to Work in Accordance with the Needs of the Industry
34. Termination
of Employment Due to Retrenchment or Redundancy
35. Anti-Discrimination
36. Procedure
For Resolving Claims, Issues and Disputes
37. Regulation of Disturbances to Production and Supply
38. Departmental Arrangements
DIVISION 7 - MISCELLANEOUS
39. Delegates
40. Payroll Deduction of Union Membership Fees
41. Apprentices
42. Department
Work Redesign Agreements
PART B - AGREEMENTS
DIVISION 1 - GENERAL AGREEMENTS
43. Payment
for Training
44. Lump Sum
Payment Scheme
DIVISION 2 - WORK REDESIGN AGREEMENTS
45. No. 2
Blower Station Work Redesign Agreement
46. Blast
Furnace Team Work Redesign Agreement
47. Temper
Mills Work Redesign Agreement
48. Raw
Materials Handling Work Redesign Agreement
PART C - MONETARY
RATES - RESTRUCTURED CLASSIFICATIONS
Table 1 - Restructured Ironworker Rates of Pay
Table 2 - Graded Trades Rates of Pay
Table 3 - Apprentices
Table 4 - Annualised Salary Rates of Pay
Table 5 - Unanderra Coil Processing
Table 6 - Port Kembla Road Transport Facility
Table 7 - Other Rates and Allowances
PART D - APPENDIX - UNRESTRUCTURED CLASSIFICATIONS
A. Application
B. Leading
Hands
C. Mixed
Functions
D. Tool
Allowance
E. Rates of
Pay - Unrestructured Classifications
PART E - SCHEDULES
Schedule
1 - Rail Operations Arrangements
Schedule
2 - Slab Yard Arrangements
Schedule
3 - Packaging Urgent Despatch
Schedule
4 - Plate Mill Urgent Despatch
Schedule
5 - Hot Coil Processing and Despatch and Unanderra Coil Processing Urgent
Despatch
3. Area, Incidence
and Duration
3.1 Awards
Rescinded and Replaced - This award rescinds and replaces the BlueScope Steel
(AIS) Pty Ltd - Port Kembla Steelworks Employees Award 2004 (349 IG 109).
3.2 Application -
This award applies to all employees (including apprentices within clause 41,
Apprentices) of BlueScope Steel (AIS) Pty Ltd except:
3.2.1 clerical staff;
3.2.2 salaried staff
other than:
(a) employees in
the classes covered by clause 6, Rates of Pay;
(b) employees
subject to federal awards.
3.3 Shipping -
Despite any other provision in this award, the following provisions apply to a
stevedoring employee (as defined in the enterprise agreement referred to in
3.3.1) for the actual time he or she are employed as a stevedoring employee:
3.3.1 The employee
will be remunerated in accordance with the Port Kembla Product Berth Enterprise
Development Agreement 2002 and Port Kembla Bulk Operations Enterprise Agreement
2002 or any agreement or award varying or replacing those instruments.
3.3.2 This
remuneration is in lieu of any monetary entitlements under the following
provisions of this award:
(a) clause 6,
Rates of Pay;
(b) clause 15,
Shift Work Allowances for Shift Workers;
(c) clause 16,
Saturday Rates for Shift Workers;
(d) clause 18,
Sunday and Public Holiday Rates;
(e) clause 19,
Night Work for Day Workers and Day Shift Workers;
(f) clause 22,
Overtime (other than paragraphs 22.3.2, Minimum Payment and 22.3.6, Spoilt
Meal);
(g) clause 23,
Public Holidays;
(h) clause C -
Mixed Functions, in Part D - Appendix - Unrestructured Classifications.
3.4 Parties to
this Award - The parties to this Award
are:
3.4.1 BlueScope Steel
(AIS) Pty Ltd at Port Kembla;
3.4.2 The Australian
Workers' Union, New South Wales;
3.4.3 Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union, New South
Wales Branch;
3.4.4 Electrical
Trades Union of Australia, New South Wales Branch;
3.4.5 Construction, Forestry, Mining & Energy
Union (New South Wales Branch).
3.5 Effective Date - This award takes effect
on and from the first pay period beginning on or after 28 February 2006 and
remains in force for a period of 3 years (the nominal term).
4. Definitions
In this award the following definitions apply:
4.1 "Day
Workers" are employees excluding Shift Workers, but including employees on
night work within clause 19, Night Work for Day Workers and Day Shift Workers.
4.2 "Shift
Workers" are employees working on a two or three shift system, or a one
shift system whose ordinary hours includes weekend shifts. For Shift Workers, each day, including
Sunday and Public Holidays, is considered as being the day on which the
majority of the shift falls.
4.3 "Monday
to Saturday Shift Workers" means Shift Workers whose ordinary working
hours are between Monday to Saturday.
4.4 "Annual
Leave Rate of Pay" means:
4.4.1 In the case of:
(a) annual leave
under clause 26, Annual Leave, and clause 27, Days Added to the Period of
Annual Leave or Long Service Leave, taken by an employee immediately before or
after leave under the Annual Holidays Act
1944;
(b) payment in
respect of annual leave or days added to the period of annual leave being made
to employees under clauses 26 and 27, upon the termination of the employment of
an employee at the same time as payment is being made under the Annual
Holidays Act 1944 in respect of such termination,
the ordinary pay of the employees calculated in
accordance with the Annual Holidays Act
1944 for the leave taken or payments made under that Act.
4.4.2 In the case of
annual leave under clause 26, and days added to the period of annual leave
under clause 27, being taken otherwise than immediately before or after leave
under the Annual Holidays Act 1944,
the ordinary pay of the employees calculated in accordance with the Annual Holidays Act 1944, as if such
leave had been taken under the Act.
4.5 "Company"
means BlueScope Steel (AIS) Pty Ltd.
5. No Extra Claims
5.1 General - It
is a term of this award that the unions (with whom this award is made)
undertake, for the period until the nominal expiry term of the Award not to
raise any further claims, award or overaward, including claims arising from
national or state wage cases. There
will be agreed scope to arbitrate, if necessary, unresolved issues about
classification restructuring or work value claims.
5.2 Leave Reserved
- Leave is reserved to apply in respect of:
(a) hours
of work;
(b) the
addition of annualised salary agreements to Division 2 - Work Redesign
Agreements of Part B - Agreements; and
(c) Trade Union
Training Leave
DIVISION 2 - RATES OF PAY AND RELATED MATTERS
6.
Rates of Pay
6.1 Rates of Pay -
The minimum rates of pay for any classification, subject to the other
provisions, are set out in Table 1 - Restructured Ironworkers Rates of Pay,
Table 2 - Graded Trades Rates of Pay, Table 3 - Apprentices, Table 4 -
Annualised Salary Rates of Pay, Table 5 - Unanderra Coil Processing and Table 6
- Port Kembla Road Transport Facility of Part C - Monetary Rates - Restructured
Classifications, and Part D - Appendix - Unrestructured Classifications. These rates are inclusive of the adult basic
wage of $121.40.
6.2 Restructured
Rates of Pay - The classifications appearing in Part C - Monetary Rates -
Restructured Classifications, are new classifications which have been
established as a result of restructuring processes carried out in the
departments and sections of Port Kembla Steelworks in which the new
classifications appear. These new
classifications replace and supersede previous classifications for which rates
of pay are provided in Part D - Appendix - Unrestructured Classifications.
6.3 Mixed
Functions - Clause C, Mixed Functions, appearing in Part D - Appendix -
Unrestructured Classifications has no application in relation to employees
employed in classifications appearing in Part C - Monetary Rates - Restructured
Classifications.
6.4 Leading Hands
- Clause B, Leading Hands, appearing in Part D - Appendix - Unrestructured
Classifications, has no application in relation to employees employed in
classifications appearing in Part C - Monetary Rates - Restructured
Classifications.
6.5 Retention of
Rate - Clause 11, Retention of Rate, has no application to the classifications
appearing in Table 2 - Graded Trades Rates of Pay of Part C - Monetary Rates -
Restructured Classifications
6.6 Ordinary Rate
- In addition to the award rate of pay prescribed for the purpose of subclause
6.1, an employee will be paid the applicable over award or bonus for the
employee's classification to make up the employee's ordinary or weekly rate of
pay.
6.7 The base rates of pay and allowances provided for in Parts C
and D of this award will be increased by:
4.5% effective from the first full pay period on or
after 18 March 2006; and
a further 4.0% effective from the first full pay period
on or after 18 March 2007; and
a further 2.0% effective from the first full pay period
on or after 18 March 2008; and
a further 2.0% effective from the first full pay period
on or after 18 September 2008.
with the exception of the overtime
meal allowance.
7. Superannuation
7.1 Superannuation
Legislation - the Subject of Superannuation is dealt with exhaustively by
federal legislation including the Superannuation
Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints)
Act 1993 (Cth), and section 124 of the Industrial
Relations Act 1996. This
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties. Subject to
this legislation, superannuation is also dealt with by the trust deed and rules
of the BlueScope Steel Superannuation Fund and the Superannuation Trust of
Australia, and relevant agreements made from time to time between the Company
and the unions party to this award, including the BHPSteel - Superannuation
Review dated 25 October 1995.
7.2 Salary
Sacrifice -
7.2.1 Despite any
other provisions of this award, for the purpose of calculating ordinary time
earnings, the rate of pay per week prescribed for the purpose of clause 6,
Rates of Pay, is reduced by the amount which an employee elects by notice in
writing to the Company to sacrifice in order to enable the Company to make a
superannuation contribution for the benefit of the employee.
7.2.2 Election Form -
For an employee’s election to be valid the employee must complete an election
form provided by the Company.
7.2.3 Leave - The
reduced rate of pay and the superannuation contributions provided for in this
subclause apply for periods of annual leave, long service leave, and other
periods of paid leave.
7.2.4 Calculation of
other payments - All other award payments, including termination payments,
calculated by reference to the employee’s rate of pay will be calculated by
reference to the rate of pay per week prescribed for the employee for the
purpose of clause 6, Rates of Pay.
7.2.5 Revoking
Election - Unless otherwise agreed by the Company, an employee may only revoke
or vary his or her election once in each twelve months. Not less than one months' written notice
will be given by an employee of revocation or variation of the employee’s
election.
7.2.6 Termination of
Scheme - If at any time while an employee’s election is in force, there are
changes in taxation or superannuation laws, practice or rulings, that
materially alter the benefit to the employee or the cost to the Company of
acting in accordance with the election, either the employee or the Company may,
upon one months' notice in writing to the other, terminate the election.
7.2.7 Superannuation
Guarantee - The Company will not use any superannuation contribution made in
accordance with an employee’s election to meet its minimum employer obligation
under the Superannuation Guarantee
Administration Act 1992 (Cth) or any legislation which succeeds or replaces
it.
8. Special Rates (All
Purpose)
In addition to the rates of pay prescribed for the purposes
of clause 6, Rates of Pay, the following special rates will apply:
8.1 Mechanical and
Electrical Tradespersons and Maintenance Non-Trades Employees:
8.1.1 Large Power
Houses - Employees employed in large operating power houses (meaning power
houses developing more than 8,000 kilowatts) will be paid per 38-hour week an
additional allowance as set out in Item 1 of Table 7 - Other Rates and
Allowances, of Part C - Monetary Rates - Restructured Classifications. The amounts as set out in Item 1 are
considered as including all rates prescribed in clause 9, Disability Rates. This allowance will continue to be payable to
tradespersons attached to the staff of such power houses whilst carrying out
repairs or maintenance in rotary converter and/or static substations which are
in regular operation. This subclause
will not apply to control room operators.
8.1.2 Ship Repairing
- Employees engaged on ship repairs will be paid per 38-hour week an additional
allowance as set out in Item 2 of Table 7 - Other Rates and Allowances, of Part
C - Monetary Rates - Restructured Classifications. ‘Ship repairs’ means:
(a) all repair work
done on ships;
(b) all work, other
than the making of spare parts and stores, done in a workshop used for ship
repairs only;
(c) work done in a
workshop used for ship repairing, general engineering, metal moulding, steel
construction and other heavy metal fabrication on which employees are engaged
both on the ship and in the workshop.
8.1.3 Electrical
Trades Licences - An additional amount as set out in Item 3 of Table 7 - Other
Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications,
will be paid per 38-hour week to an employee employed and working as an
electrical tradesperson possessing a Qualified Supervisor's Certificate
(Electrician) or a Certificate of Registration (Electrician) issued by the
appropriate authority.
8.1.4 Scaffolder’s
Licence - An additional amount as set out in Item 4 of Table 7 - Other Rates
and Allowances, of Part C - Monetary Rates - Restructured Classifications, will
be paid per 38-hour week to a rigger and/or roper and/or splicer who holds a
Certificate of Competency as a rigger under the Occupational Health and Safety Regulation 2001 (NSW), and who
possesses and uses a Certificate of Competency as a scaffolder under the
Act. These allowances are not
cumulative.
8.2 All
Purposes - The allowances arising from this clause are paid for all purposes of
the award, except where otherwise prescribed.
9. Disability Rates
In addition to the rates of pay prescribed for the purposes
of clause 6, Rates of Pay, the following special rates will apply:
9.1 General -
9.1.1 Hot Places -
Electrical and mechanical tradespersons and maintenance non-trades employees
working for more than one hour in the shade in places where the temperature is
raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius
will be paid an allowance per hour extra as set out in Item 5 of Table 7 -
Other Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications. This is subject to the
following:
(a) in places
where the temperature exceeds 54 degrees Celsius employees will be paid per
hour extra as set out in Item 5;
(b) where work
continues for more than two hours in a temperature exceeding 54 degrees Celsius
employees will also be entitled to twenty minutes' rest after every two hours'
work without deduction of pay;
(c) the
temperature will be decided by the supervisor of the work after consultation
with the employees who claim the extra rate.
9.1.2 Hot Work - Hot
work is done in places where the temperature raised by artificial means is
above 49 degrees Celsius. Employees
whilst so engaged on work, as specified below, will receive an additional
amount per hour as set out in Item 6 of Table 7 - Other Rates and Allowances,
of Part C - Monetary Rates - Restructured Classifications:
(a) bricklayers
and labourers assisting bricklayers whilst engaged on hot work;
(b) The following
employees, other than bricklayers and labourers assisting bricklayers and crane
and engine drivers, including front end and overhead loader driver, whilst
engaged on hot work will receive an additional rate:
(i) Blast
Furnaces - All employees employed in connection with furnace demolition or on
relining;
(ii) Mill Furnaces
- All employees employed in connection with the demolition of furnaces;
(iii) Gas Producers
- All employees employed in connection with gas producer work;
(iv) General -
Carpenters, plumbers and labourers assisting carpenters or plumbers other than
those provided for elsewhere in this subclause.
9.1.3 Wet Work -
Employees working in any place where his or her clothing or boots become
saturated, whether by water, oil or otherwise, will be paid an amount per hour
extra as set out in Item 7 of Table 7 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications.
This rate is not payable to an employee who is provided by the Company
with protective clothing and/or footwear.
Any employee who becomes entitled to this extra rate is to be paid such
extra rate for such part of the day or shift as he or she is required to work
in wet clothing or boots.
9.1.4 Dirty Work -
Mechanical and electrical tradespersons and maintenance non-trades employees
engaged in work other than ship repair work which a supervisor and employee
agree is of an unusually dirty or offensive nature will be paid per hour extra
as set out in Item 8 of Table 7 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications:
(a) Mechanical and
maintenance non-trades employees engaged in Ship repair work which a foreperson
and employee agree is of an unusually dirty or offensive nature will be paid
for at an amount per hour extra as set out in Item 8;
(b) In the case of
disagreement between the supervisor and employee, the dispute settling
procedure prescribed in clause 36, will be followed.
9.1.5 Restrictive
Spaces - Mechanical and electrical tradespersons and maintenance non-trade
employees working in restrictive spaces (as defined) will be paid per hour
extra as set out in Item 9 of Table 7 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications.
(a) For the
purpose of this clause, "restrictive space" means a compartment,
space or a place the dimensions of which necessitate an employee working in a
stooped or cramped position or without proper ventilation and, subject thereto,
includes such space:
(i) in the case
of a ship - inside complete tanks, chain lockers and peaks, in bilges, under
engine beds, under engine rooms and stoke-hold floors or under or inside
boilers;
(ii) in the other
cases - inside boilers, steam drums, mud drums, furnaces, flues, combustion
chambers, receivers, buoys, tanks, superheaters, or economisers.
9.1.6 High Places -
Electrical and Mechanical tradespersons and maintenance non-trades other than
riggers and splicers, employees working in any building or structure in a
bosun’s chair or swinging scaffold, or engaged in the construction, erection,
repair and/or maintenance of ships, steel frame buildings, bridges, gasometers
or other structures at a height of 15 metres or more directly above the nearest
horizontal plain will be paid an amount per hour extra as set out in Item 10 of
Table 7 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications.
9.1.7 Oil Tanks -
Mechanical tradespersons and maintenance non-trades employees working on
repairs in oil tanks will be paid per hour extra as set out in Item 11 of Table
7 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications. Any employee so
engaged for more than half of one day or shift will be paid the prescribed
allowance for the whole of the day or shift.
9.1.8 Explosive-Powered
Tools - Employees required to use explosive-powered tools will be paid per hour
extra the amount as set out in Item 12 of Table 7 - Other Rates and Allowances,
of Part C - Monetary Rates - Restructured Classifications, with a minimum
payment as set out in this award (subject to the minimum payments set out in
Item 12).
9.1.9 Slag Wool -
Maintenance employees handling loose slag wool, loose insulwool or other loose
material of a like nature used for providing insulation against heat, cold or
noise will, when employed on ship repairing or on construction, repair or
demolition of furnaces, walls, floors and/or ceilings, be paid an amount per
hour extra as set out in Item 13 of Table 7 - Other Rates and Allowances, of
Part C - Monetary Rates - Restructured Classifications.
9.2 Electrical
Tradespersons -
9.2.1 Toxic
Substances -
(a) electrical
tradesmen required to use toxic substances will be informed by the employer of
the health hazards involved and instructed in the correct and necessary
safeguards which must be observed in the use of such materials;
(b) electrical
tradesmen using such materials will be provided with and will use all
safeguards as are required by the appropriate Government authority;
(c) electrical
tradesmen using toxic substances or materials of a like nature, where such
substances or materials are used in quantities of 0.5 kg or over, will be paid
an amount per hour extra as set out in Item 14 of Table 7 - Other Rates and
Allowances, of Part C - Monetary Rates
Restructured Classifications;
(d) electrical
tradesmen working in close proximity to employees so as to be affected by the
use of such substances or materials will be paid an amount per hour extra as
set out in Item 15 of Table 7 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications;
(e) for the
purpose of this subclause, toxic substances include epoxy based materials and
all materials which include or require the addition of a catalyst hardener and
reactive additives or two-pack catalyst system are deemed to be materials of a
like nature.
9.3 Bricklayers
and Labourers -
9.3.1 Bricklayers and
labourers assisting bricklayers when brick lining stacks and when engaged on
the work of inside lining the outer combustion wall of blast furnace stoves,
will be paid an additional rate as set out in Item 16 of Table 7 - Other Rates
and Allowances, of Part C - Monetary Rates - Restructured Classifications:
(a) an amount per
hour when working at a height above 15 metres and not more than 30 metres;
(b) an amount per
hour for each 15 metres above 30 metres.
Height is measured from the nearest horizontal plane.
9.3.2 Bricklayers and
labourers assisting bricklayers when working in boiler chambers at the power
house will be paid an amount per hour in addition to his or her ordinary rate
as set out in Item 17 of Table 7 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications.
9.3.3 Bricklayers and
labourers assisting bricklayers, when working inside stacks and flues, on brick
linings, which when bricked have a diameter of 900 mm or under, will be paid by
way of a clothing allowance an additional amount per shift or part thereof as
set out in Item 18 of Table 7 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications.
When this work is with the approval of the Company shared by arrangement
between the employees themselves, each such employee will be paid a clothing
allowance at the rate per shift for the time he is so employed as set out in
Item 18 of Table 7 - Other Rates and Allowances, of Part C - Monetary Rates -
Restructured Classifications.
9.4 Other
Employees -
9.4.1 Applying
obnoxious substances -
(a) a tradesperson
painter or brush hand engaged in either the preparation and/or the application
of epoxy based materials or materials of a like nature will be paid an amount
per hour extra as set out in Item 19 of Table 7 - Other Rates and Allowances,
of Part C - Monetary Rates - Restructured Classifications;
(b) in addition,
tradesperson painters or brush hands applying such material in buildings which
are normally air conditioned will be paid an amount extra per hour for any time
worked when the air conditioning plant is not operating as set out in Item 20
of Table 7 - Other Rates and Allowances, of Part C - Monetary Rates -
Restructured Classifications;
(c) where there is
an absence of adequate natural ventilation, the employer will provide
ventilation by artificial means and/or supply an approved type of respirator
and, in addition, protective clothing will be supplied where recommended by the
appropriate Government authority;
(d) tradesperson
painters or brush hands working in close proximity to tradesmen painters or
brush hands so engaged will be paid an amount per hour extra as set out in Item
21 of Table 7 - Other Rates and Allowances, of Part C - Monetary Rates -
Restructured Classifications;
(e) for the
purpose of this clause, all materials which include or require the addition of
a catalyst hardener and reactive additives or two-pack catalyst system will be
deemed to be materials of a like nature;
(f) this clause
does not apply to employees who are paid rates fixed by federal awards or to
electrical tradespersons or linespersons.
9.4.2 Spray Painting
- A tradesperson painter engaged on all spray painting carried out in other
than a properly constructed booth, approved by the appropriate Government
authority, will be paid an amount per hour extra as set out in Item 22 of Table
7 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications.
9.5 Rates Not
Subject to Penalty Additions - The disability rates prescribed in this clause
will be paid irrespective of the times at which the work is performed and are
not be subject to any premium or penalty additions.
9.6 Special Rates
Not Cumulative - Where an employee is entitled to more than one of the extra
rates for disabilities which exist on the same job, the employer is bound to
pay only the highest rate. This
subclause does not apply to subclauses, 9.1.4, Dirty Work, 9.1.6, High Places,
9.1.1, Hot Places or, 9.1.3, Wet Work, the rates for which are cumulative.
9.7 Tools -
9.7.1 The rates of
pay for tradesperson classifications and apprentices appearing in Table 2 -
Graded Trades Rates of Pay and Table 3 - Apprentices of Part C - Monetary Rates
- Restructured Classifications are inclusive of tool allowances for such
tradespersons. Clause D, Tool
Allowance, appearing in Part D - Appendix - Unrestructured Classifications of
this award has no application in relation to employees employed in tradesperson
classifications appearing in Table 2 - Graded Trades Rates of Pay of Part C -
Monetary Rates - Restructured Classifications.
9.7.2 The Company
will provide for the use of tradespersons all necessary power tools, special
purpose tools, precision measuring instruments and, for sheet metal workers,
snips used in the cutting of stainless steel, monel metal and similar hard
metals.
9.7.3 Where it was
the practice as at 5 November 1979 for the Company to provide all tools
ordinarily required by tradespersons in the performance of their work, the
Company may continue that practice and, in any event, the allowance prescribed
in Clause D, Tool Allowance, of Part D - Appendix - Unrestructured
Classifications does not apply to such tradespersons.
10. Maximum Payment
10.1 Shift allowance
and special rates are not subject to any premium or penalty additions.
10.2 All rates
prescribed by this award must not exceed double the rate prescribed by clause
6, Rates of Pay, or clause 8, Special Rates (All Purpose), or the corresponding
clauses of a federal award. This
subclause does not apply to any excess due to payments arising from clause 9,
Disability Rates, clause 15, Shift Work Allowances for Shift Workers, or clause
18, Sunday and Public Holiday Rates (in respect of work done on Public
Holidays) of this award or the corresponding clause of a federal award.
11. Retention of Rate
11.1 Retention of Total Rate -
Appointments on or after 29 May 2001
11.1.1 Organisational Change - An employee
who is appointed on or after 29 May 2001 to a classification which receives a
lower total rate of pay than the classification held immediately prior to the
appointment, due to the rationalisation of the Company's operations, the
introduction of technological change, or changes in work practices, is subject
to the following arrangements:
(a) Two or more years service ‑ An employee with two or more
years' continuous service with the Company, will retain the total rate of pay
applicable to the previous classification. The following adjustments apply:
(i) In the first
and second years after the date of appointment, all changes in the total rate
of pay applicable to the previous classification.
(ii) In the third
year after the date of appointment, half of any changes in the total rate of
pay applicable to the previous classification.
(iii) No further
adjustments are applicable in subsequent years.
(b) Less than two years service - An
employee with less than two years' continuous service with the Company, will
retain the total rate of pay applicable to the previous classification. The
following adjustments apply:
(i) In the first year after the date
of appointment, half of any changes in the total rate of pay applicable to the
previous classification.
(ii) No further adjustments are
applicable in subsequent years
(c) When the total
rate of pay of the employee's new classification exceeds the total rate of pay
of the previous classification as adjusted under (a) or (b) above, the employee
will subsequently receive the total rate of pay of the new classification.
11.1.2 Market Change ‑ An employee who is appointed
on or after 29 May 2001 to a classification which receives a lower total rate
of pay than the classification held immediately prior to the appointment, due
to the market changes affecting the Company's operations is subject to the
following arrangements:
(a) An employee
with two or more years' continuous service with the Company, will retain the
total rate of pay applicable to the previous classification. The following
adjustments apply:
(i) In the first year after the date
of appointment, all changes in the total rate of pay applicable to the previous
classification.
(ii) In the second year after the date
of appointment, half of any changes in the total rate of pay applicable to the
previous classification.
(iii) No further adjustments are
applicable in subsequent years
(b) When the total
rate of pay of the employee's new classification exceeds the total rate of pay
of the previous classification as adjusted under (a) above, the employee will
subsequently receive the total rate of pay of the new classification.
11.1.3 Definition of
Total Rate of Pay - The "total rate of pay" is calculated by adding
the award rate of pay applicable under this award, and the appropriate
over-award or bonus payment. The total
rate of pay excludes all allowances and penalty rates.
An exception to this is the leading hand allowance.
Inclusion of the leading hand allowance into the total rate of pay only applies
if an employee has been receiving the allowance for greater than 6 months, but
ceases to be entitled to that allowance for reasons outlined in 11.1.1 and
11.1.2 above.
11.2 Retention of
Rate - Appointments Prior to 29 May 2001
11.2.1 Where, as a
result of the rationalisation of the Company's operations, the introduction of
technological change, or changes in work practices, an employee is appointed
prior to 29 May 2001 to a classification or classifications which receive lower
earnings from the award rate of pay or bonus (or both) than did his or her
classification immediately prior to the appointment or the first appointment
("the previous classification"):
(a) If the
employee has two or more years' continuous service with the Company, he or she
shall retain the award rate of pay or bonus (or both) applicable to the
previous classification subject to the following adjustments:
(i) in the first
and second years after the date of an employee's appointment, all changes in
the award rate of pay or bonus applicable to the previous classification;
(ii) in the third
year after the date of appointment, half of any changes in the award rate of
pay or bonus applicable to the previous classification;
(iii) thereafter,
no further adjustments.
Provided that when the award rate of pay or bonus of
the employee's new classification exceeds the award rate of pay or bonus he or
she then receives, he or she shall thereafter receive payment of the award rate
of pay or bonus (or both), as the case may be, according to his or her new
classification.
(b) If the employee
has less than two years' continuous service with the Company he or she shall
retain the award rate of pay or bonus (or both) applicable to the previous
classification subject to the following adjustments:
(i) in the first
year after the date of appointment half of all changes in the award rate of pay
or bonus applicable to the previous classification;
(ii) thereafter,
no further adjustments.
Provided that when the award rate of pay or bonus of
the employee's new classification exceeds the award rate of pay or bonus he or
she then receives, he or she shall thereafter receive payment of the award rate
of pay or bonus (or both), as the case may be, according to his or her new
classification.
11.2.2 Where, as a
result of a market change affecting the Company's operations an employee is
appointed prior to 29 May 2001 to a classification or classifications which
receive lower earnings from the award rate of pay or bonus (or both) than did
his or her classification immediately prior to the appointment or the first
appointment ("the previous classification"), if the employee has two
or more years' continuous service with the Company he or she shall retain the
award rate of pay or bonus (or both) applicable to the previous classification
subject to the following adjustments:
(a) In the first
year after the date of his appointment, all changes in the award rate of pay or
bonus applicable to the previous classification.
(b) In the second
year after the date of his or her appointment, half of any changes in the award
rate of pay or bonus applicable to the previous classification.
(c) Thereafter, no
further adjustments.
Provided that when the award rate of pay or bonus of
the employee's new classification exceeds the award rate of pay or bonus he or
she then receives, he or she shall thereafter receive payment of the award rate
of pay or bonus (or both), as the case may be, according to his or her new
classification.
11.2.3 Where an
employee, as a result of the circumstances specified in paragraphs 11.2.1 and
11.2.2 hereof, ceases to be entitled to a leading hand allowance, he or she
shall (provided he or she had been receiving such leading hand allowance
throughout the six months immediately proceeding such cessation of his or her
entitlement thereto), retain the leading hand allowance to which he or she was
entitled immediately proceeding such cessation of his or her entitlement
subject to the same qualifications and adjustments as are specified in
paragraphs 11.2.1 or 11.2.2 hereof in relation to the award rate of pay and
bonus in the circumstances which result in the employee ceasing to be entitled
to such leading hand allowance.
11.3 Agreement to
Buy-out
There is scope for the Company and an employee and his
or her union to agree to a one-off payment to buy-out entitlements under
subclauses 11.1 or 11.2.
11.4 Definition of
Award Rate of Pay
In this clause 11 "award rate of pay" means
the applicable:
rate of pay per 38-hour week set out in Table 1 -
Restructured Ironworker Rates of Pay, Table 2 - Graded Trades Rates of Pay
(excluding tool allowance), Table 5 - Unanderra Coil Processing or Table 6 - Port
Kembla Road Transport Facility of Part C - Monetary Rates - Restructured
Classifications, of this award; or
base rate or base salary set out in Table 4 -
Annualised Salary Rates of Pay of Part C - Monetary Rates -Restructured
Classifications, of this award; or
rate of pay per 38-hour week set out in Part D -
Appendix - Unrestructured Classifications, of this award.
The award rate of pay excludes all allowances and
penalty rates.
12. Time and Payment
of Wages
12.1 All wages will
be paid fortnightly by electronic funds transfer directly into an account
nominated by the employee with a bank, building society, credit union or other
financial institution recognised by the Company.
12.2 Each pay period
will commence at 7.20 am on Sunday computed from 7.20 am on 1 June 1958.
12.3 Any variation
of this award expressed to operate from the beginning of a pay period will
operate as if each fortnightly pay period comprises two separate weekly pay
periods.
DIVISION 3 - HOURS
OF WORK
13. Hours of Duty
13.1 Full-time
Employees - Ordinary working hours will be an average of 38 hours per week over
the full cycle of the relevant work roster.
Ordinary working hours will not exceed:
13.1.1 Eight hours
during any consecutive 24 hours, or up to twelve hours during any consecutive
24 hours where there is agreement between the Company and the majority of
employees concerned in the relevant work area; or
13.1.2 152 in 28
consecutive days;
except in the case of rostering arrangements which
provide for the weekly average of 38 ordinary hours to be achieved over a
period which exceeds 28 consecutive days.
13.2 Day Workers -
13.2.1 Ordinary working
hours will be worked Monday to Friday, inclusive, between the hours of 6.00 am
and 6.00 pm each day.
13.2.2 On each day worked,
Monday to Friday, inclusive, not less than 30 minutes nor more than 45 minutes
will be allowed to Day Workers for a meal and, except in the case of urgent
breakdown work necessary to secure an immediate resumption of operations, will
be allowed between the hours of 11.30 am and 1.20 pm.
13.3 Shift Workers -
13.3.1 Twenty minutes
will be allowed to Shift Workers each shift for crib which will be counted as
time worked.
13.3.2 In the case of
12-hour shift systems, two 20-minute crib breaks will be taken approximately
four hours apart. Each crib break will
be taken in accordance with the needs of the operation and will be counted as
time worked.
14. Employees
Presenting Themselves for Work and Not Required
Subject to the provisions of clause 32, Contract of
Employment, an employee who presents him or herself for ordinary work without
notice that he or she will not be required will be paid at least four hours'
pay.
DIVISION 4 - SHIFT WORK AND OVERTIME
15. Shift Work
Allowances for Shift Workers
15.1 Subject to the
provisions contained in this award which provide otherwise, Shift Workers will
be paid, in addition to the rates payable under this award, the following shift
work allowances:
15.1.1 Shift Workers
whilst working rotating shifts (day shift, night shift, afternoon shift), with
regular weekly changes - at the applicable rate per 38-hour week as set out in
Item 23 of Table 7 - Other Rates and Allowances of Part C - Monetary Rates -
Restructured Classifications of this award in respect of all shifts worked.
Exceptions to this are that:
(a) each such
rotating Shift Worker, when engaged under a roster system which does not
provide for at least one-third of his or her working time in the full cycle of
the roster being on day shift, will be paid an additional shift allowance at
the rate per 38-hour week as set out in Item 24 of Table 7 - Other Rates and
Allowances, of Part C - Monetary Rates - Restructured Classifications in
respect of each of any number of afternoon and/or night shifts more than
two-thirds of his or her working time in the roster worked by the employee;
(b) working time on
day shift will, if necessary, include shifts rostered off on day shift not
exceeding an average over the full cycle of the roster of one per 38-hour week.
15.1.2 Shift Workers
whilst working shift work which involves regular weekly changes as follows:
(a) day shift,
night shift;
(b) day shift,
afternoon shift;
(c) day shift, day
shift, afternoon shift;
(d) day shift, day
shift, night shift;
will be paid the applicable amount per 38-hour week as
set out in Item 25 of Table 7 - Other Rates and Allowances of Part C - Monetary
Rates - Restructured Classifications.
15.1.3 Shift Workers
whilst working shift work on shift systems as follows:
(a) night shift,
afternoon shift;
(b) night shift
only;
(c) afternoon
shift only;
will be paid the applicable amount per 38-hour week as
set out in Item 26 of Table 7 - Other Rates and Allowances of Part C - Monetary
Rates - Restructured Classifications.
15.1.4 Shift Workers
who work any afternoon or night shift other than under the shift systems set
out in paragraphs 15.1.1, 15.1.2 and 15.1.3 of this subclause, and are not paid
in respect of any day shift worked, will be paid at the applicable amount per
shift for each afternoon or night shift worked as set out in Item 27 of Table 7
- Other Rates and Allowances of Part C - Monetary Rates - Restructured
Classifications.
15.1.5 Each shift
allowance prescribed above is on a shift basis the rate being determined in
each case by dividing the shift allowance prescribed by five.
15.2 In this clause
"night shift" means any shift finishing after 12.00 am and at or
before 8.00 am.
15.3 Despite any
other provisions of this clause, or clause 16, Saturday Rates for Shift
Workers, or clause 18, Sunday and Public Holiday Rates, or clause 19, Night
Work for Day Workers and Day Shift Workers, or clause 22, Overtime.
15.3.1 Electrical
fitters, electrical mechanics and assistants to electrical tradespersons who
are regularly employed in the shipping department, will, while so working on
shift work in that department, be paid in respect of ordinary time the
following shift work allowances for the shifts specified below:
(a) on day shifts
Monday to Friday - nil;
(b) on afternoon
shifts Monday to Friday - an amount equal to 50% of the award ordinary wage
rate;
(c) on night
shifts Monday to Friday - an amount equal to 100% of the award ordinary wage
rate.
15.3.2 Such shift
allowances will not be paid in respect of any shift for which weekend and
public holiday penalty rates are payable or in respect of any overtime shift.
15.3.3 An employee
working shift work on Saturdays, Sundays or public holidays, or working
overtime, will be entitled to the following wage rates in addition to his or
her ordinary wage rates:
(a) Saturday work
- 100%;
(b) Sunday work -
150%;
(c) public holiday
work - 150%;
(d) overtime work
on other than Sundays and public holidays - 100%;
(e) overtime work
on Sundays and public holidays - 150%.
15.3.4 Any amount prescribed
by this subclause will be calculated to the nearest 10 cents, any broken part
of 10 cents in the result not exceeding 5 cents being disregarded.
16. Saturday Rates
for Shift Workers
Shift Workers who have an ordinary shift rostered on a
Saturday will be paid at the rate of time and one-half.
17. Shift Workers
Whose Ordinary Working Period Includes Sundays and Public Holidays as Ordinary
Working Days
Employees may be required to work seven day shift work to
meet the needs of the business. These
employees will be required to work Sundays and Public Holidays as ordinary
working days.
18. Sunday and Public
Holiday Rates
18.1 An employee
will be paid at the rate of:
18.1.1 double time for
all work done on Sundays;
18.1.2 double time and
one half for all work done on the public holidays prescribed in clause 23,
Public Holidays.
18.2 A shift
commencing on a Sunday or Public Holiday will be paid for at the Sunday or
Public Holiday rates throughout and a shift which does not commence on a Sunday
or Public Holiday, though it extends into a Sunday or Public Holiday, will not
carry Sunday or Pubic Holiday rates for any part of this shift.
19. Night Work for
Day Workers and Day Shift Workers
19.1 Subject to
clause 10, Maximum Payment, but otherwise despite anything contained in this
award:
19.1.1 a Day Worker who
is required in lieu of ordinary day work; or
19.1.2 a Day Shift
Worker who is required in lieu of a day shift on which he or she would
ordinarily be rostered, to work at night for periods of not less than a full
shift on less than five consecutive nights, or on less than four consecutive
nights when the fifth night is his or her 38-hour week rostered off night, will
be paid at the rate of time and one half of the ordinary rate of pay for the
purpose of clause 6.1, Rates of Pay, or the corresponding clause of a federal
award, except:
19.1.3 on Saturdays,
Sundays, 38-hour week rostered off days and holidays; and
19.1.4 in respect of
any night for which the employee has not been given at least 48 hours' notice,
when the employee will be paid at overtime rates for
Day Workers. No shift allowance is
payable in respect of night work under this clause.
19.2 In this clause
"night" means any hours between 3.20 p.m. and 7.20 a.m., and
"Day Shift Worker" means a Shift Worker employed on a shift system
involving day shift only.
20. Transfer of Day
Workers from Day Work to Shift Work
20.1 Day Workers may
be employed as and become Shift Workers and paid accordingly. The period of transfer will not be less
than:
20.1.1 five shifts; or
20.1.2 four shifts when
the fifth shift is his or her 38-hour week rostered off shift.
20.2 Day Workers
should be given at least 48 hours' notice by the Company of the transfer to
shift work. If this notice is not given
by the Company he or she will be paid at overtime rates for any shift upon
which he or she are employed as a Shift Worker under this clause.
21. Transfer of Shift
Workers
21.1 A Shift Worker
who is required to work on a shift he or she would not ordinarily be rostered
will be paid at overtime rates for any such shift. This provision does not apply if:
21.1.1 the Shift Worker
has been given at least 48 hours' notice of the requirement to transfer; or
21.1.2 the Shift Worker
is reverting to the shift on which he or she would ordinarily have been
rostered.
22. Overtime
22.1 Day Workers -
Day Workers for all time worked:
22.1.1 in excess of, or
outside the ordinary working hours and time prescribed by this award; or
22.1.2 in excess of
five hours without a meal break (except in the case of urgent breakdown work
necessary to secure an immediate resumption of operations),
will be paid at a rate of time and one half for the
first two hours and at the rate of double time after that.
22.2 Shift Workers
- Shift Workers for all time worked:
22.2.1 in excess of the
ordinary working shift hours prescribed by this award; or
22.2.2 on more than 11
shifts in 12 consecutive days; or
22.2.3 on a rostered
shift off; or
22.2.4 in excess of
five and one-half hours without a crib break, will be paid at the rate of time
and one half for the first two hours and at the rate of double time after that.
This subclause will not apply when the time is worked:
22.2.5 by arrangement
between the employees themselves; or
22.2.6 for the purpose
of effecting the customary rotation of shifts.
22.3 General -
22.3.1 Minimum Eight
hour rest -
(a) Where overtime
work is necessary it should, where reasonably practicable, be arranged so that
employees have at least eight consecutive hours off duty between the work of
successive days.
(b) An employee who
works so much overtime between the end of his or her ordinary work on one day
and the commencement of his or her ordinary work on the next day that he or she
has not had at least 8 consecutive hours off duty between those times will,
subject to this subclause, be released after the completion of working overtime
until he or she has had eight consecutive hours off duty without loss of pay
for ordinary working time occurring during such absence. If on the instructions of the Company such
an employee resumes or continues working without having had eight consecutive
hours off duty, he or she will be paid at double rate until he or she is released
from duty for such period and he or she will then be entitled to be absent
until he or she has had eight consecutive hours off duty without loss of pay
for ordinary working time occurring during such period.
If, immediately after taking an eight hour rest period,
an employee is required to report for work outside his or her ordinary day or
shift commencing time and reasonable means of transport are not available, the
Company should convey or supply the employee with transport to work.
22.3.2 Minimum Payment
-
(a) a Day Worker,
required to work on a Saturday, Sunday, a 38-hour week rostered day off or a
Public Holiday; or
(b) a Monday to
Saturday Shift Worker required to work on a Sunday, a 38-hour week rostered day
off or a Public Holiday,
will be paid for a minimum of four hours' work. Provided that where the actual working time
is less than four hours, the working period will not be regarded as overtime
for the purposes of subclause 22.3.1.
22.3.3 Rounding Up to
Nearest Quarter of an Hour - For the purposes of this clause 22, a fraction of
a quarter of an hour of overtime counts as a quarter of an hour if more than
five minutes have been worked.
22.3.4 Payment for
Call-out - An employee recalled from his or her home to work overtime will be
paid for a minimum of four hours' work.
If the actual time worked is shorter than four hours the working period
will not be regarded as overtime for the purpose of paragraph 22.3.1 - Minimum
eight hour rest. For the purpose of
this clause, a recall from home to work overtime takes place when the employee
is notified at home of the requirement to return to work. An employee recalled from his or her home to
work overtime will, at the employee's option, be provided with a suitable meal
free of cost for each normal meal break falling during the overtime for which
he or she was called out, or be paid for a meal allowance as set out in Item 28
of Table 7, Other Rates and Allowances of Part C - Monetary Rates -
Restructured Classifications.
22.3.5 Crib - an
employee required to continue at work on overtime for more than one and a half
hours after his or her ordinary ceasing time, who was not notified before
leaving work on the previous day or shift that he or she would be required to
work overtime, may choose to receive either:
(a) a suitable
meal free of cost, and another meal for each subsequent meal break into which
the work extends; or
(b) payment of a
meal allowance as set out in Item 28 of Table 7, Other Rates and Allowances of
Part C - Monetary Rates - Restructured Classifications.
22.3.6 Spoilt Meal - If
an employee reports to work on notified overtime to find that he or she is not
required to work, or is required to work less than one and a half hours, and he
or she has brought a meal to work, he or she is entitled to payment of a meal
allowance as set out in Item 28 of Table 7 of Part C - Monetary Rates –
Restructured Classifications, as compensation.
22.3.7 Transport Home -
Where an employee working overtime finishes work at a time when reasonable
means of transport is not available to them, the Company will:
(a) within a
reasonable time transport the employee to:
(i) a reasonable
distance from his or her home; or
(ii) a place to
which the employee usually travels by public transport when returning home from
work; or
(iii) a place from
which he or she can, within a reasonable time, obtain public transport to a
reasonable distance from his or her home or the place to which he or she
usually travels by public transport when returning home from work; or
(b) pay the
employee his or her current rate of pay for the time reasonably occupied in
reaching his or her home.
DIVISION 5 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
23. Public Holidays
23.1 The days on
which New Year's Day, Australia Day, Good Friday, the Saturday following Good
Friday, Easter Monday, Anzac Day, Queen's Birthday, the local Eight Hour Day,
Christmas Day and Boxing Day and the picnic day of the Steel Industry Unions,
if any, are observed and special days appointed by proclamation as public
holidays throughout the State, are to be public holidays.
Day Workers and Monday to Saturday Shift Workers not
required to work on a public holiday will be paid for the public holiday at the
ordinary rates of pay under clause 6.1, Rates of Pay and clause 8, Special
Rates (All Purpose), or the corresponding clause of a federal award, and the
applicable bonus.
23.2 This
provision for payment does not apply to:
23.2.1 an employee
whose rostered shift falls on a public holiday (subject to the provisions of
subclause 27.2 of clause 27, Days Added to the Period of Annual Leave or Long
Service Leave;
23.2.2 an employee who
is absent without leave, or reasonable excuse, on the working day before or
after a public holiday.
24. Sick Leave
24.1 Illness or
Incapacity - An employee who is absent for his or her ordinary working hours
due to personal illness or incapacity, and not due to his or her own serious
and wilful misconduct, is entitled to be paid at ordinary time rates of pay and
applicable bonus payment for the time of his or her absence, subject to the
following:
24.1.1 Worker’s
Compensation - An employee is not entitled to be paid for an absence of any
period for which he or she is entitled to workers' compensation.
24.1.2 Absence
Notification - An employee must inform the Company of his or her inability to
attend work within 24 hours of the commencement of his or her absence. An employee should state the nature of the
illness or incapacity and the estimated duration of his or her absence.
24.1.3 Proof of Absence
- An employee must prove to the satisfaction of the Company or, in the event of
a dispute, the Industrial Relations Commission of New South Wales that he or
she is or was unable to attend for duty on the day or days for which payment
under this clause is claimed on account of his or her illness or incapacity.
24.2 Entitlements
-
24.2.1 Calculation of
Entitlements - An employee is entitled to sick pay for the number of ordinary
working hours based on the years of his or her continued employment as follows:
(a) an employee
with less than 1 year's continued employment is entitled to 40 ordinary hours;
(b) an employee
with one or more years' continued employment but less then 10 years' continued
employment is entitled to 64 ordinary hours;
(c) an employee
with ten or more years' continued employment is entitled to 80 ordinary hours;
(d) claimed leave
will be deducted from the employee's accrued leave.
24.2.2 Accumulation of
Entitlements - Unused sick leave will accumulate each year of continuous
employment with the Company, whether under this or any other award. Accumulated sick leave may be used in
subsequent years of continued employment subject to the conditions prescribed
by this clause. The maximum period of
accumulation is 16 years, from the end of the year in which he or she accrued.
24.2.3 Three Months
Minimum Service - There is no entitlement to sick leave until an employee has
completed 3 months' continuous service.
24.2.4 Continuous
Service - For the purpose of this clause, continuous service is considered as
not being broken by:
(a) any absence
from work on leave granted by the Company; or
(b) any absence
from work due to personal illness, injury or other reasonable cause which the
employee has provided sufficient proof.
These absences will not be taken into account in
computing the qualifying period of 3 months.
25. Personal/Carer's
Leave
25.1 Use of Sick
Leave -
25.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph 25.1.3(b), who needs the employee's care and
support, is entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for in clause 24, Sick Leave, of this
award for absences to provide care and support for such persons when he or she
is ill. Such leave may be taken for
part of a single day.
25.1.2 The employee
will, 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.
25.1.3 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 defacto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(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 de facto 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 purpose of
this subparagraph:
(A) "relative"
means a person related by blood, marriage or affinity;
(B) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(C) "household"
means a family group living in the same domestic dwelling.
25.1.4 An employee
will, 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 will notify the Company by telephone of such absence at the first
opportunity on the day of absence.
25.2 Unpaid Leave
for Family Purpose -
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 25.1.3(b) who is ill.
25.3 Annual Leave -
25.3.1 An employee may
elect with the consent of the Company, subject to the Annual Holidays Act 1944, 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.
25.3.2 Access to annual
leave, as prescribed in 25.3.1, will be exclusive of any shutdown period
provided for elsewhere under this award.
25.3.3 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.
25.4 Time Off in
Lieu of Payment for Overtime -
25.4.1 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 employer within 12 months of the
election.
25.4.2 Overtime taken
as time off during ordinary time hours will be taken at the ordinary time rate,
that is an hour for each hour worked.
25.4.3 If, having
elected to take time as leave in accordance with 25.4.1, the leave is not taken
for whatever reason payment for time accrued at overtime rates will be made at
the expiry of the 12 month period or on termination of employment.
25.4.4 Where no
election is made in accordance with 25.4.1, the employee will be paid overtime
rates in accordance with the award.
25.5 Make-up Time -
25.5.1 An employee may
elect, with the consent of the Company, to work "make-up time", under
which the employee takes time off during 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.
25.5.2 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.
25.6 Rostered Days
Off -
25.6.1 An employee may
elect, with the consent of the Company, to take a rostered day off at any time.
25.6.2 An employee may
elect, with the consent of the Company, to take rostered days off in part day
amounts.
25.6.3 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.
25.6.4 This subclause
is subject to the Company informing each union which is both party to the award
and which has members employed at the Works of its intention to introduce an
enterprise system of rostered day off flexibility, and providing a reasonable
opportunity for the union(s) to participate in negotiations.
26. Annual Leave
26.1 Day Workers and
Monday to Saturday Shift Workers - For annual leave provisions see Annual Holidays Act 1944.
26.2 Shift Workers
under clause 17, Shift Workers Whose Ordinary Working Period Includes Sundays
and Public Holidays as Ordinary Working Days:
26.2.1 In addition to
the annual holiday of 4 weeks provided by section 3 of the Annual Holidays Act 1944 for a year of employment, seven-day Shift
Workers under clause 17 are entitled to the additional leave specified below:
(a) if an employee
has worked as a seven-day Shift Worker for the full year he or she is entitled
to one week's additional leave;
(b) subject to
subparagraph 26.2.1(d), if an employee has worked as a seven-day Shift Worker
for only a portion of the year, he or she is entitled to 1 additional day of
leave for every 33 ordinary shifts worked as a seven-day Shift Worker;
(c) subject to
subparagraph 26.2.1(d) an employee will be paid for additional leave at the
Annual Leave Rate of Pay, for the number of ordinary hours of work for which
the employee would have been rostered for duty during the period of additional
leave;
(d) where the
additional leave calculated under this subclause is or includes a fraction of a
day, the fraction will not form part of the leave period. Any fraction will be discharged by payment
only;
(e) in this
clause, reference to one week and one day includes holidays and non-working
days.
26.2.2 Where an
employee's employment is terminated and he or she is therefore entitled under
Section 4 of the Annual Holidays Act
1944, to payment in lieu of an annual leave with respect to a period of
employment, he or she is also entitled to an additional payment of 3 hours at the
Annual Leave Rate of Pay for each 21 shifts of service as a seven-day Shift
Worker which he or she worked during his or her period of employment.
26.3 Monday To
Saturday Shift Workers Who Are Regularly Rostered For Duty On Saturdays As
Ordinary Working Days - In addition to the annual holiday of 4 weeks provided
by Section 3 of the Annual Holidays Act
1944 for a year of employment, Monday to Saturday Shift Workers who are
regularly rostered for duty on Saturdays as ordinary working days are entitled
to the additional leave specified below:
26.3.1 For every 13
Saturdays upon which an employee worked an ordinary shift as a Monday to
Saturday Shift Worker who is rostered for duty on Saturdays as ordinary working
days, is entitled to 1 day additional leave for that year.
26.3.2 Where the
additional leave calculated under this subclause is or includes a fraction of a
day, the fraction will not form part of the leave period. Any fraction will be discharged by payment
only.
26.3.3 The additional
entitlements under this subclause will apply only to leave which becomes fully
due on or after 23 September 1980.
26.4 All employees -
Annual Leave Loading -
26.4.1 An employee will
be paid a loading of 20%, for the period of his or her annual leave calculated
on the less of:
(a) his or her
ordinary pay pursuant to the Annual
Holidays Act 1944, and where applicable, his or her Annual Leave Rate of
Pay pursuant to this clause and clause 27, Days Added to the Period of Annual
Leave or Long Service Leave, or
(b) the sum of:
(i) the
employee’s award rate of pay for ordinary time at the commencement of his or
her annual leave as prescribed for the purpose of clause 6, Rates of Pay, and
(ii) the
employee’s applicable bonus payable at the commencement of his or her annual
leave; and
(c) provided that
an employee who would have worked on shift work had he/she not been on annual
leave will be paid whichever is the greater of:
(i) the loading;
or
(ii) the shift
work allowances specified in clause 15, Shift Work Allowances for Shift
Workers, and the weekend penalty rates specified in clause 16, Saturday Rates
for Shift Workers, and (in respect of Sundays only) clause 18, Sunday and
Public Holiday Rates, that would have been payable to the employee in respect
of ordinary time during his or her period of annual leave had he or she not
been on annual leave.
26.4.2 The loading
prescribed by this subclause will apply to payment in lieu of a fully due
annual holiday on termination of employment, but will not apply to proportionate
annual holiday payment on termination of employment.
27. Days Added to the
Period of Annual Leave or Long Service Leave
27.1 Seven-day Shift
Workers - A seven-day Shift Worker under clause 17, whose working period
includes Sundays and Holidays as ordinary working days is entitled to 1 added
day of annual leave or long service leave, if a public holiday prescribed in
clause 23, Public Holidays, falls within the period of leave.
27.2 Rostered Off
Duty - An employee who is rostered off duty on a day which is a public holiday
prescribed by this award and who is not required to work on that day will:
27.2.1 By mutual
consent, be paid, in the pay for the period in which the public holiday falls,
for the public holiday at the rate payable pursuant to subclause 23.1, Public
Holidays, or
27.2.2 have 1 day added
to his or her annual leave period
This subclause does not apply when the public holiday
falls:
27.2.3 on a Saturday or
Sunday, except in the case of employees employed as seven-day Shift Workers
under clause 17; or
27.2.4 on a Sunday in
the case of employees employed as Monday to Saturday Shift Workers who are
regularly rostered for duty on Saturdays as ordinary working days.
27.3 Rate for Added
Days - Any day or days added in the case of annual leave will be paid for at
the Annual Leave Rate of Pay. Any day
or days added in the case of long service leave will be paid at the long
service leave rate of pay.
27.4 Discharging
Added Days - Any day or days added in accordance with subclause 27.1 or 27.2,
will be the working day or working days immediately following the period of
annual leave to which the employees are entitled under clause 26, Annual Leave,
or clause 28, Long Service Leave.
27.5 Definition of
Working Days - For the purposes of subclause 27.4, "working days"
will be:
27.5.1 In the case of
an employee who, at the commencement of his or her period of annual leave, was
employed as a Day Worker - any day of the week including a day on which
employee concerned would have been rostered off duty if he or she were not on
annual leave or long service leave, but excluding a Saturday, a Sunday or a
public holiday prescribed by this award.
27.5.2 In the case of
an employee who, at the commencement of his or her period of annual leave, was
employed as a Monday to Saturday Shift Worker - any day of the week other than
a Sunday or a public holiday prescribed by this award including a day on which
the employee concerned would have been rostered off duty if he or she were not
on annual leave or long service leave.
27.5.3 In the case of
an employee who, at the commencement of his or her period of annual leave, was
employed as a seven-day Shift Worker under clause 17, any day of the week
including a day on which the employee concerned would have been rostered off
duty if he or she were not on annual leave.
27.6 Termination
Payment - Where an employee’s employment has been terminated and he or she
becomes entitled, under Section 4 of the Annual
Holidays Act 1944, to payment in lieu of an annual holiday with respect to
a period of employment, he or she is also entitled to an additional payment for
each day accrued to them under subclause 27.2 at the Annual Leave Rate of Pay.
27.7 Seven-day Shift
Workers - An employee who is employed as a seven-day Shift Worker who:
27.7.1 has a day added
to his or her annual leave pursuant to subclauses 27.1 and 27.2; and
27.7.2 such a day falls
on a public holiday prescribed by clause 23, Public Holidays, on which the
employee would have been rostered to work an ordinary shift were it not for his
or her entitlement to an added day,
will be paid for such day, in addition to his or her
entitlement under subclause 27.3, at the rate prescribed by subclause 23.1 of
clause 23, Public Holidays.
28. Long Service
Leave
28.1 For long
service leave provisions see Long Service
Leave Act 1955.
28.2 Despite the Long Service Leave Act 1955 the award
rate element of ordinary pay for long service leave will be either:
28.2.1 the rate
determined in accordance with the Long
Service Leave Act 1955; or
28.2.2 the rate
applicable to the employee at the commencement of his or her long service leave
entitlement,
whichever is the greater.
28.3 An employee is entitled to have all days
which are prescribed as Public Holidays by clause 23, Public Holidays, treated
as days appointed by the Governor as public holidays for the purposes of the
application to him or her of Section 4 (4A) of the Long Service Leave Act 1955.
28.4 Accrual of Long
Service Leave from 13 May 2002.
28.4.1 With effect from
the beginning of the first pay period on or after 13 May 2002, long service
leave shall accrue at the rate of 13 weeks leave after 10 years continuous
service.
28.4.2 This rate of
accrual is not retrospective and applies only to leave accruing after the
commencement of the new rate of accrual as specified in subclause 28.4.1.
28.4.3 An employee who
has completed with the Company at least 5 years service, and whose services are
terminated by the Company for any reason other than the employee's serious and
wilful misconduct, or by the employee on account of illness, incapacity or
domestic or other pressing necessity, or by reason of the death of the
employee, will be paid out their accrued long service leave entitlement.
28.5 Inclusion of
shift payments after 1 January 2006:
28.5.1 The inclusion of
shift payments (ie. as provided for in clauses 15, 16, 17 and 18 of this award)
in the payment for long service leave actually taken by shift workers, will
apply to long service leave taken on or after 1 January 2006.
28.5.2 For all
shiftwork employees who are paid on an annualised salary basis, in place at the
time of making this award arrangements
for long service leave which provide for the inclusion of the additional
hours component being paid for long service leave will cease and that payment
will be substituted by the normal shift payments that would have been paid to
the employee had the employee been at work, and not on long service leave.
28.5.3 Provided that,
notwithstanding 28.5.1 and 28.5.2, Monday to Friday shiftworkers in receipt of
an annualised salary at the time of the making of this award which is inclusive
of an 'additional hours' component will continue to receive the additional
hours component in lieu of the shift payments referred to in 28.5.1 and 28.5.2.
28.5.4 The application
of shift payments to long service leave entitlements does not apply where the
long service leave is taken as part of an employee’s resignation/retirement
arrangement.
28.5.5 Long service
leave that is paid out on termination of employment will be paid at the base 38
hour week rate.
28.5.6 Arrangements
made for the taking of long service leave will be subject to the approval of
the Company.
29. Jury Service
29.1 An employee
required to attend jury service:
29.1.1 during his or
her ordinary working hours; or
29.1.2 immediately
following an ordinary night shift or immediately before an ordinary afternoon
shift on which the employee is rostered to work and, as a result of attending
for jury service, is not reasonably able to report for work on the night shift
or afternoon shift, will be reimbursed by the Company the difference between
the amount paid to them by the Court for his or her attendance for jury service
and his or her ordinary time rate of pay and applicable bonus for the period he
or she would have worked had he or she not attended for jury service.
29.2 An employee
must notify the Company as soon as possible of the date upon which he or she is
required to attend for jury service.
29.3 An employee
must give the Company proof of his or her attendance, the duration of such
attendance, and the amount received from the Court in respect of the jury
service.
30. Compassionate
Leave
30.1 Entitlement -
An employee, other than a casual employee, will be entitled to up to two days
compassionate leave without deduction of pay, on each occasion of the death of
a person as prescribed in subclause 30.3 of this clause. In addition to the ordinary time rate of
pay, the employee will be paid the amount of over award or bonus he/she would
have otherwise received during ordinary working hours.
30.2 An employee is
not entitled to compassionate leave if the period of leave coincides with any
other period of paid leave.
30.3 Compassionate
leave will be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (b) of paragraph 25.1.3 of subclause 25.1 of clause 25,
Personal/Carer's Leave, provided that, for the purpose of compassionate leave,
the employee need not have been responsible for the care of the person
concerned.
30.4 Compassionate
leave may be taken in conjunction with other leave available under subclauses
25.2, 25.3, 25.4, 25.5 and 25.6 of the said clause 25. In determining such a request, the Company
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
30.5 Notification -
The employee must notify the Company as soon as practicable of the intention to
take compassionate leave and will provide to the satisfaction of the employer
proof of death.
31. Parental Leave
For parental leave provisions refer to Part 4, Parental
Leave, of Chapter 2, Employment, of the Industrial
Relations Act 1996, as amended from time to time.
DIVISION 6 - EMPLOYMENT RELATIONSHIP
32. Contract of
Employment
32.1 Weekly
Employment - Employment will be on a weekly basis, subject as provided for
elsewhere in this award.
32.2 Probation -
Employees will be on probation for the first 3 months of his or her
employment. Employment will be on a
daily basis at the weekly rate fixed and may be terminated for the first week
at a day's notice and subsequently, may be terminated on one week's notice, or
by the payment in lieu or forfeiture of 1 week's wages, as the case may be.
32.3 Termination -
Subject to subclause 32.2, Probation, and 36.3.2, Summary Dismissal, employment
may be terminated by 1 week's notice on either side, given at any time during
the week, or by the payment or forfeiture of 1 week's wages, as the case may
be. Where an employee has given notice,
or has been given notice by the Company, he or she will, upon request, be
granted leave of absence without pay for 1 day or shift during the period of
notice in order to look for alternative employment.
32.4 Performance of
Work - Employees must perform such work as the Company may, from time to time
reasonably require. An employee who
does not perform or attend for his or her duty will lose his or her pay for the
actual time of non-attendance or non-performance, except as provided by clause
24, Sick Leave.
32.5 Deduction of
Pay for Non-work - This clause does not affect the right of the Company to
deduct payment for any day during which an employee cannot be employed usefully
because of any strike, or through any breakdown of machinery, or due to any
cause for which the Company reasonably cannot be held responsible.
33. Requirements to
Work in Accordance with the Needs of the Industry
33.1 Overtime - For
the purpose of meeting the needs of the industry, the Company may require an
employee to work reasonable overtime, including work on a Sunday and a public
holiday, at the rate prescribed by this award.
Unless reasonable excuse exists, the employee will work in accordance with
this requirement.
33.2 Change of Shift
System - Subject to clause 20, Transfer of Day Workers from Day Work to Shift
Work, and clause 21, Transfer of Shift Workers, for the purpose of meeting the
needs of the industry the Company may require any employee to transfer from one
shift system to another shift system prescribed by this award at the applicable
rate. Unless reasonable cause exists,
an employee will work in accordance with this requirement.
34. Termination of
Employment Due to Retrenchment or Redundancy
34.1 Retrenchment -
34.1.1 Application -
This subclause 34.1 applies to collective dismissals by way of retrenchment,
whether made at the same time or over a period of time and where the dismissals
relate to circumstances affecting the Company's enterprise and not to the
conduct of the employees. It does not
apply to the termination of employment on account of the introduction of
mechanisation or technological change.
34.1.2 Informing Unions
and Employees Affected - The Company is obliged to inform the union parties to
this award, and the Company's employees who may be affected by any
retrenchments, of the facts and circumstances of the proposed retrenchments as
soon as the Company becomes aware that the retrenchments are necessary.
34.1.3 Notice of
Termination - Despite any other provision of this award, an employee being
dismissed will receive four weeks' written notice of dismissal, or four weeks'
pay in lieu of notice given. 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. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
34.1.4 Leave to Seek
Alternative Employment - If an employee is required to work out his or her 4
weeks' of notice, the employee is entitled to 1 day's leave with pay in each of
the 4 weeks to enable him or her to look for alternative employment. 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.
34.1.5 Severance
Payment - An employee is entitled to a severance payment as follows:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of Age Entitlement
|
|
|
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
|
(b) Where
an employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
|
45 Years of Age and over entitlement
|
|
|
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
|
A week's pay refers to the award wage, plus applicable
over award or bonus. Pay does not include shift work allowances, weekend
penalties or overtime.
34.1.6 Less than Twelve
Months Service Not Entitled - Employees retrenched who have less than 12 months
continuous service, are not entitled to severance pay under this subclause.
34.2 Mechanisation
or Technological Change -
34.2.1 Application -
This subclause 34.2 applies despite the provision of clause 32, Contract of
Employment, where, on account of the introduction or proposed introduction by
the Company of mechanisation or technological changes in the industry covered
by this award, the Company proposes to terminate the employment of an employee.
34.2.2 Notice of
Termination - An employee covered by this subclause will be given three months'
notice of the termination of his or her employment. If the employment of an employee is terminated and the Company
fails to give such notice in full:
(a) The Company
will pay the employee at the ordinary rate of pay for the employee's
classification for a period equal to the difference between three months and
the period of the notice given; and
(b) The period of
notice required by this paragraph is deemed to be service with the Company for
the purpose of the Annual Holiday Act
1944 and the Long Service Leave Act
1955 or any Act amending or replacing either of those Acts.
34.2.3 Less than 12
Months Service Not Entitled - Employees who have less than 12 months continuous
service, are not covered by this subclause.
34.2.4 Dismissal for
Other Reasons Not Prejudiced - The right of the Company to dismiss an employee
for reasons specified in clause 32, Contract of Employment and subclause
36.3.2, Summary Dismissal, is not prejudiced by the fact that the employee has
been given notice under this subclause of the termination of his or her employment.
34.3 Other Matters
34.3.1 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.
34.3.2 Centerlink
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 by
Centrelink.
34.3.3 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 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.
34.3.4 Alternative
employment - Subject to an application by the Company and further order of the
Industrial Relations Commission, the
Company may pay a lesser amount (or no amount) of severance pay than that
contained in paragraph 34.1.3 above if the Company obtains acceptable
alternative employment for an employee.
34.4 Security for
employees affected by workplace change
34.4.1 Security
of employment is important for improving working relationships, trust and
cooperation with change. The parties do
not want an environment where everyone is working in fear of losing their
employment. The parties want an
environment where people focus on doing their jobs safely and well,
implementing improvement actions, adapting swiftly to change and caring for the
business. Real employment security can
only be achieved by successful business performance. Working together in implementing change and improvement will
maximise the security for everyone.
34.4.2 The
parties recognise that sustained security of employment can only be based on
long-term business success and the parties commitment to the development and
achievement of the Companies' business plans.
34.4.3 While
workplace change, new technologies and changes in operations will be ongoing
and may lead to employees being made surplus, every opportunity will be taken
to effect changes through voluntary means and natural attrition.
34.4.4 Subject
to the terms of this Award, employment security is provided for the period of
this Award subject to the provisions of this clause and the implementation of
actions and undertakings provided for in this Award. Where employees are made surplus, the relevant Union/s will be
advised and the following principles will apply:
(a) Where suitable
positions are available:
An employee can reject two positions that become
available.
The next suitable position must be accepted by the
employee.
Employees will remain in their current Department
whilst awaiting a new position.
(b) Where only one
suitable position is available:
There will be situations where individuals are only
offered one suitable position, because of the employee's particular skills and
abilities. In these cases, the employee
will transfer to where their skills and abilities can be used.
(c) Where no
suitable positions are available:
Each employee will be managed on a case by case
basis. Employees will be required to
participate in a career transition, retraining, job search or outplacement
programs sponsored by the Company to maximise opportunities for alternative
employment recognising that employees cannot be maintained as surplus
indefinitely.
34.4.5 Where
the above provisions have been met and an employee remains unplaced in the long
term, the Company will meet with the employee and his or her union representative
to determine what options are available for that employee.
34.4.6 The
extension of employment security under the above arrangements requires that
displaced employees take responsibility for their future and genuinely seek new
positions and opportunities.
34.4.7 Any
difficulties or issues arising out of the procedures described in this clause
will be discussed with the involvement of the relevant Union where appropriate
and will be dealt with in accordance with the dispute resolution procedures in clause 36 of this Award.
34.4.8 Major
closures or significant unexpected events will be treated as special cases and
will be discussed separately in advance of the event.
34.4.9 Changes
to work arrangements can result in people having to move to different shifts
which provide lower ordinary time earnings. When this happens, employees will
be given reasonable notice so that they have time to adjust their financial
situation to suit. These arrangements
do not apply to roster changes, which are driven by normal market fluctuations.
34.4.10 Nothing
in this clause affects the right of the Company to dismiss an employee lawfully
for misconduct or other circumstances unrelated to the employee having become
redundant.
35.
Anti-Discrimination
35.1 It is the intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act
1996 to prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity and age and responsibilities as a carer.
35.2 It follows that
in fulfilling his or her obligations under the dispute resolution procedure
prescribed by clause 36, Procedure for Resolving Claims, Issues and Disputes of
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.
35.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
35.4 Nothing in this
clause is to be taken to affect:
35.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
35.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
35.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
35.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
35.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
36. Procedure for
Resolving Claims, Issues and Disputes
36.1 Introduction
36.1.1 The procedures
set out in this clause shall be applied by the parties for the purpose of
pursuing claims, resolving issues and disputes and avoiding industrial action.
36.1.2 The provisions
of this award in relation to the Regulation of Disturbances to Production and
Supply shall apply to all disputes involving a stoppage of work by employees.
36.1.3 The procedure
set out in clause 36.2 shall apply to all issues other than:
(a) Claims, issues
or disputes relating to genuine safety matters. In such matters the Company will undertake immediate
investigations including discussions with the employee(s) and/or delegate(s)
and/or official(s) of the union(s) involved.
As necessary the appropriate government authority will be involved.
(b) for issues
relating to the stand down of employees or cases of summary dismissal in which
case the procedure set out in clause 36.3 shall apply; and
(c) for the
introduction of change, including outsourcing (as defined in clause 36.4.2),
the procedure set out in clause 36.4 shall apply.
36.1.4 Definitions -
For the purposes of clause 36.2 and clause 36.3 the following definitions shall
apply:
"Superintendent" includes:
(a) any officer
with authority higher than that of a superintendent;
(b) any officer
acting as a superintendent's deputy in the absence of a superintendent; and
(c) in a
department where there is no officer with the title of superintendent the
supervisor who is in charge and in his or her absence his or her deputy.
"Department"
includes a section of the plant called a "department" and any other
separately administered section of the plant.
"Group
standing down" means the standing down of a group of not less than four employees
who have refused duty or who have committed misconduct whilst acting in
concert.
36.2 Procedure for
Resolving Claims, Issues and Disputes
36.2.1 Introduction -
The parties intend that the level of direct action in the Company's operations,
particularly strikes, be greatly reduced in order to provide a basis for a
reduction of the ordinary weekly hours of work in the steel industry to 38 and
to minimise contraction of the industry's operations.
To enable claims, issues and disputes to be progressed
while work proceeds normally the following procedure will apply:
(a) Departmental
Claims, Issues and Disputes -
(i) Employee(s)
and/or delegate(s) of the union(s) involved will place the claim, issue or
dispute before the immediate supervisor.
The immediate supervisor will take all reasonable steps to reply to the
employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary
working shift, a progress report will be given.
(ii) Failing
agreement, employee(s) and/or delegate(s) of the union(s) involved will place
the claim, issue or dispute before the superintendent or deputy. The superintendent or deputy will take all
reasonable steps to reply to the employee(s) and/or delegate(s) as soon as
possible. If a reply cannot be given by
the end of the superintendent's or deputy's next ordinary working day a
progress report will be given.
(iii) Failing
agreement, employee(s) and/or delegate(s) and/or official(s) of the union(s)
involved will place the claim, issue or dispute before the Company's Employee
Relations Department. The claim, issue
or dispute and all relevant circumstances relating to it will then be fully
reviewed by the management of the Company and by the union(s) involved and all
reasonable steps will be taken in an endeavour to resolve the matter.
(iv) Failing
agreement, the claim, issue or dispute will be referred to the appropriate
industrial relations tribunal.
(b) General Claims,
Issues and Disputes -
(i) The
official(s) and delegate(s) of the union(s) involved will place the claim,
issue or dispute before the Company's Employee Relations Department, which will
take all reasonable steps to reply as soon as possible.
(ii) Failing
agreement, the claim, issue or dispute will be referred to the appropriate
industrial relations tribunal if the union(s) wants to pursue it further.
36.2.2 Other Rights and
Duties - The provisions of this clause will not affect in any way any other
rights and duties of any party to this award pursuant to the Industrial Relations Act 1996 or any
other Act or at common law in relation to any matter.
36.2.3 Review of
Procedure - The operation of this clause will be jointly reviewed by the
parties at regular intervals.
36.3 Stand Down of
Employees and Summary Dismissal
36.3.1 Stand Down - The
Company has the right to stand an employee down for refusal of duty,
malingering, inefficiency, neglect of duty or misconduct on the part of the
employee. The Company may deduct
payment for any day or portion of a day during which the employee is stood
down, subject to the following:
(a) Investigation
- No employee may be stood down before an adequate investigation of the
circumstances of the alleged offence has been made or before the employee has
had an opportunity to state his or her case and present witnesses to the
facts. This does not apply in the case
of a group standing down.
(b) Only
Superintendent May Stand Down -Only the employee's superintendent may make a
decision as to the standing down of the employee when the superintendent is on
duty.
(c) Limited
Ability of Supervisor to Stand Down - The right of the employee's supervisor to
stand down an employee is limited to situations where the employee's
superintendent is not on duty. The
supervisor can only stand down an employee for a period not exceeding the
balance of the shift, and only in cases where the employee refuses duty or
where the supervisor reasonably is of the opinion that the continued presence
of the employee on the plant would be likely to:
(i) constitute a
hazard either to that employee or to other employees, or to plant and
equipment; or
(ii) interfere
with normal and orderly functioning of the Company's operations; or
(iii) be
prejudicial to discipline.
(d) Superintendent
Interview Following Supervisor Standing Down - Where a supervisor stands an
employee down, the supervisor will arrange for the employee to be interviewed
by the superintendent not later than the commencement of the employee's next
rostered shift of duty or another mutually arranged time. The superintendent, after reviewing the
case, must inform the employee of his or her decision on the matter.
(e) Appeal - An
employee is entitled to appeal to the relevant Company human resources
representative for his or her department, against any decision of a
superintendent. Despite the appeal, the
superintendent's decision takes effect pending the determination of the appeal.
(f) Working in
Other Departments - If an employee is working in a department other than his or
her normal department, the employee may be stood down by the appropriate
supervisor for that department, subject to the other part of this clause.
36.3.2 Summary
Dismissal - This clause does not affect the right of the Company to dismiss an
employee without notice for refusal of duty, malingering, inefficiency, neglect
of duty or misconduct. Where an
employee is summarily dismissed, wages will be payable up to the time of
dismissal only, subject to the following:
(a) Investigation
- No employee may be dismissed without notice before an adequate investigation
of the circumstances of the alleged offence has been made.
(b) Only
Superintendent May Dismiss - Only the employee's Superintendent may make a
decision to dismiss the employee without notice.
(c) Must State
Reasons for Dismissal - When a Superintendent decides to dismiss an employee
without notice the Superintendent must give the employee the reasons for the
dismissal without notice.
(d) Contesting
Dismissal - If immediately following a dismissal without notice the dismissed
employee, or the employee's delegate, tells the Superintendent that the
dismissal will be contested:
(i) the dismissal
will take effect seven calendar days from the time that the employee was told
of his or her dismissal; and
(ii) during these
seven calendar days, despite the provisions of subclause 36.3.1, the employee
will be stood down without pay.
36.4 Introduction of
Change Including Outsourcing
36.4.1 Principles
concerning the management of change
The parties agree to the following key principles
concerning the management of change:
(a) The parties
recognise and accept that change is an inevitable and increasingly necessary
part of the steel industry;
(b) Change must be
ongoing to ensure that the Company remain viable and employee expectation
concerning security of employment can be satisfied;
(c) In considering
the desirability and business case for any proposed change the tests to be
applied are requirements for the change to be:
safe;
efficient;
legal; and
fair.
(d) The parties
commit to consult and abide by the dispute settling procedures provided in this
Award in the event that proposed changes are not agreed. In support of this commitment there will be
both detailed communication and strong reinforcement by the Company and Unions
in respect of these procedures. Subject
to any disagreement being dealt with in accordance with agreed procedures, and
in the case of significant change 36.4.3, the change will be able to be
implemented.
(e) All parties
share an intent that there be "zero industrial action" and to that
end will actively ensure that employees, delegates and officials will, on each
and every occasion where a dispute arises and is not resolved, follow the
applicable dispute settling procedure and not take industrial action.
36.4.2 Processes for
introduction of Change
(a) Where changes
are "significant in nature", as defined in this subclause, they shall
be the subject to the processes set out in 36.4.3.
(b) Changes which
are not "significant in nature" shall be introduced in accordance
with the principles set out in subclause 36.4.1 and the provisions of the
Award. Disputes in relation to such
changes shall be dealt with in accordance with the procedures for resolving
claims, issues and disputes provided in the Award.
(c) A change is
"significant in nature" for the purposes of this clause if the change
will have substantial effects on:
(i) the
composition, operation or size of the workforce in a section or department of
the operations of the Company;
(ii) the skills
required of employees;
(iii) the
availability of job opportunities for employees;
(iv) the
opportunities for promotions of employees;
(v) the security
of employment of employees;
(vi) the hours of
work of employees;
(vii) the location
of work of employees;
(viii) shift pattern
changes; and
(ix) outsourcing of
work (meaning the engagement on a permanent basis of another organisation to
perform work which has previously been performed by employees of the Company.
In this respect outsourcing differs from the use of contractors to meet
intermittent work load requirements or to provide specialist skills on a short
term or as needs basis).
(d) Where a change
is otherwise provided for in this Award it will not be regarded as significant
in nature for the purposes of this clause.
36.4.3 Processes for
introducing change which is significant in nature and for resolving associated
issues and disputes
(a) The provisions
of this subclause set out the terms and order of the procedure which shall
govern the introduction and management of change which is significant in
nature.
(b) A change will
be determined to be significant where it meets the definition as set out in
clause 36.4.2(c).
(c) Consultation
will commence in relation to workplace change as defined when:
(i) The Company
has developed an idea regarding a workplace change that, if implemented, would
result in a change which is significant in nature, and
(ii) The idea has
been developed sufficiently as to justify the time and effort required to allocate
resources and to develop a working proposal, and
(iii) A "Task
Brief" has been prepared in at least broad terms that includes the:
objectives of the change;
issues that may arise if the change was progressed to
implementation;
criteria for appraisal of the idea;
impact the idea may have on employees, customers and
the business; and
milestones in the review process.
(d) Consultation
will commence with a notification in writing to employees and their unions
(letter 1) as to the broad objectives of the change and the possible effect the
change is likely to have on employees.
(e) Consultation
is the process through which employees contribute to problem-solving and
decision making. It provides for employee and union input before Company
management finally decides on action affecting its employees.
(f) Employees and
their unions will be provided with the opportunity to comment and input into
the proposed change. This will not
limit any party from proposing alternative ideas that may result in the objectives
of the business being achieved.
(g) Following
consideration of all aspects of the change, including consultation with
employees, the Company will advise employees and the relevant unions in writing
(letter 2) as to whether or not the Company will proceed with the introduction
of the change. The advice will include:
(i) confirmation
on the introduction of the change (as finally determined) and the nature of
that change;
(ii) the date of
the introduction of the change;
(iii) the impact
the change will have on employees; and
(iv) what steps are
to be put in place to manage the impact that the changes will have on
employees.
(h) The
consultation process will conclude upon any party to the process declaring to
the other parties in writing (letter 3) that it regards the consultation
process as exhausted or; an agreement is reached between the parties to the
consultation on a settlement to the issues or, notification is made under the
Act of an industrial dispute as to the change.
The consultation process must be comprehensive and genuine and may be
reconvened by direction of the Commission in dispute resolution proceedings, if
it has been shown to be prematurely concluded.
A decision by employees or the unions not to
participate in such discussions brings to an end the consultation process.
(i) Where
agreement is reached as to a change, the change is to be implemented
immediately and the parties are to promptly record the terms of the agreement
in writing.
(j) Where the
consultation process concludes upon a party declaring to the other parties that
it regards the consultation process as exhausted, and there is disagreement as
to the change proposed, the change may be implemented forthwith unless a party
to the consultation process gives notice to the other parties that it disputes
the implementation of the change, and in that case the status quo will
apply. Notice of disputing a change
must first be provided to the other parties verbally within 24 hours after
the declaration that the consultative process is exhausted, and followed up by
written notice in accordance with 36.4.3(k).
(k) For written
notice in accordance with 36.4.3(j) to be effective, it must be served on the
other parties within 5 working days after the declaration that the consultative
process is exhausted. The written
notice must set out:
(i) details of
the particular objection(s) to the change; and
(ii) whether steps
have been, or will within 24 hours be taken by that party to refer the matter
to the Commission.
(l) There must be
no industrial action whilst these procedures, including status quo where
applicable in this clause, are followed, and subject to further discussions
between the parties, the matter will be referred to the Commission.
(m) The status quo
will not apply in the following circumstances:
(i) where written
notice has not been given in accordance with 36.4.3(k), unless otherwise
excused by the Commission; or
(ii) where the
party placing the matter in dispute does not genuinely participate in the
consultation process; or
(iii) the closure
of sections of plant, not including outsourcing; or
(iv) to prevent or
delay capital investment and the introduction of new technology.
(n) The status quo
will lapse in the event of industrial action over the proposed change.
(o) The status quo
may be altered by recommendation or direction of the Commission in proceedings
pursuant to section 130 of the Act, or as the outcome of arbitration by the
Commission.
(p) For workplace
change, (including the number or composition of employees engaged on any task),
the consultation process may provide for the change to be introduced on a trial
basis by agreement. There should be
discussion between the parties as to how the trial arrangements should be
implemented. An appropriate monitoring
system will be established to ensure that the proposed changes are safe,
efficient, legal and fair. The period
of the trial will be determined in advance, with a return to the status quo in
the event that it is shown that the trial fails the safe, efficient, legal and
fair test.
(q) Where an issue
associated with a change concerns the interpretation or application of an
existing provision of the Award, the status quo shall prevail until the matter
is agreed or is the subject of interpretation by the Commission. No industrial action shall occur in relation
to such a dispute.
(r) Nothing in
this agreement detracts from the operation of the Act with respect to the
settlement of industrial disputes.
(s) Definition:
For the purposes of clause 36.4, the term Workplace
Change does not include:
Matters that involve the requirement for employees to
work in accordance with the reasonable direction of the Company; normal day to
day operations and work within the employee's recognised skills, competence, training
and safe working practices.
Company decisions regarding significant capital
investment, business growth etc. In these circumstance the Company to provide
the information in writing to employees and their unions as referred to in
points (i) to (iv) of clause 36.4.3(g).
36.4.4 Nature of
Consultation
Consultation involves:
(a) All parties
(management, employees and Unions) being prepared to put forward considered
views in respect of desired improvements and alternatives as to how such
improvements could be achieved;
(b) An opportunity
being given to all affected parties to fully understand the nature and impact
of those views before any final decision on implementation of changes is made
by the Company;
(c) Fair
consideration being given to the issues and concerns raised by the parties
before any final decision on implementation of change is made.
37. Regulation of
Disturbances to Production and Supply
37.1 Objects of this
Clause
37.1.1 One of the key
pillars that supports the ability of the Company to have an effective and
efficient business is the ongoing compliance by the parties and all employees
with the obligations in this clause in respect of hot metal arrangements and
meeting urgent customer needs.
37.1.2 The commitment
and compliance with the obligations prescribed in this clause are significant
in that they recognise the paramount importance of satisfying the Company's
customers each and every day and the close linkage between customer
satisfaction, business performance and employment security. In addition they recognise the importance of
protecting the security and integrity of the Company's assets and not
wastefully destroying product.
37.1.3 The parties
recognise that to achieve these goals and maintain secure employment, they must
manage their differences without allowing these differences to result in the
destruction of product or major disruption to the Company's customers.
37.1.4 The parties
understand that only by satisfying customers and developing markets can the
Companies deliver the desirable benefit of ongoing security of employment.
37.1.5 The obligation
to comply with the arrangements contained in this clause in respect of hot
metal and meeting urgent customer needs does not restrain, or seek to restrain,
the taking of industrial action which does not result in non-compliance with
those obligations. The parties are however committed to working together to
provide a workplace where issues are resolved without recourse to industrial
action.
37.1.6 The obligations
imposed by this clause apply to all parties and all employees at all times,
regardless of the reasons for or the nature or
the extent of industrial action (i.e. whether limited to a particular
part or parts of the Company's operations or involving the whole of such
operations).
37.1.7 The obligations
imposed by this clause require that employees covered by this Award perform as
directed the necessary work (for the purposes of this clause) which is part of
their usual duties and are not to be taken as requiring 'staff' employees to
undertake such work instead of employees covered by this Award.
37.1.8 The hot metal
arrangements provided for in this clause are designed to preserve the interests
of those engaged in the taking of industrial action by requiring that the
Company not deal with slabs produced (in the sense of further processing and
despatching the slabs) until the industrial action ceases except as provided
for in subclause 37.3.6.
37.1.9 Similarly, the
proposal for the meeting of urgent customer needs does not require all product
to be distributed but rather only that part of it requiring urgent dispatch and
subject to the provision of information and appropriate consultation as
specified in this clause.
37.2 Compliance with
this Clause and Linkage with Employment Security
37.2.1 There must be
strict compliance by all parties with the terms of this Award concerning hot
metal arrangements (subclause 37.3) and meeting urgent customer needs
(subclause 37.4) during the course of any industrial action. There must be no breaches of these
provisions.
37.2.2 The taking of
steps during the course of any industrial action in breach of these
requirements would be a serious matter and one requiring significant and urgent
attention in any dispute resolution processes.
Any breach would be a paramount consideration for the Commission in the
exercise of its powers under the Act as to industrial disputes.
37.2.3 A breach of the
provisions concerning hot metal arrangements (subclause 37.3) and meeting
urgent customer needs (subclause 37.4) may result in the removal (in part or
whole) of the employment security provisions specified in clause 34.4 of this Award. Any such removal shall not relieve the
employees concerned of their obligations to comply with the requirements of
this clause 37.
37.2.4 An application
to remove the benefits of security of employment from any employees may be made
by the Company by notification under
the Act of an industrial dispute. The
Company shall bear the onus of making out a case for such removal. The determination of such an application
shall be governed by the considerations referred to by the Commission in the
Recommendation of Walton J – Vice President, dated 13 May 2002, particularly at
paragraph 95. The Commission's
determination shall be binding on the parties.
37.3 Hot Metal
Arrangements
37.3.1 Plant
operations will continue at normal production rates unless there is industrial
action, which extends more than 8 hours, in one of the following major
departments and where that action would prior to the BHP Steel Port Kembla
Operations Enterprise Agreement 2002 have resulted in the dumping of hot metal.
The major departments are: Blast Furnaces, Rail Operations, BOS and Slab Caster.
37.3.2 Recognising
that this provision is designed to avoid destruction of product and not to
retain normal operations in the event of industrial action in one of the above
areas, the Blast Furnaces will, where the industrial action in one of the major
departments referred to in subclause 37.3.1 runs for more than 8 hours, operate
at a reduced level. That level will be
nominally 90% of full production level – that being the level necessary to
maintain stable furnace operations and to return to normal operating levels
immediately after the industrial action.
37.3.3 All
iron that is at the BOS at the time the industrial action commences will be
processed as normal, provided that two (2) hours after the provision of notice
to the Company that the industrial action has commenced, the provisions of subclause 37.3.6 shall
apply.
37.3.4 Slabmaking
operations will be sufficient to ensure that there is no hot metal dumped as a
result of industrial action. Generally
it is expected that this will require consistent 2-machine casting on any 2
machines as may be required. It is
noted that, where possible, generally No. 2 and No. 3 machines would be
utilised.
37.3.5 Slabs
will be processed to the extent necessary to ensure the integrity of the
product.
37.3.6 Subject
to subclauses 37.3.3, 37.3.5 and 37.3.7 all slabs produced during the course of
industrial action shall be stored at locations selected by the Company and will
not be further handled, dispatched or processed until the actual cessation of
the industrial action, provided that slabs shall be further handled (but not
dispatched or processed) to the extent necessary for reasons of safety or to
enable effect to be given to the objects of this Clause and the requirements of
this subclause 37.3.
37.3.7 Slabhandling
operations will ensure that slab is stacked in the Slab Yard or as directed by
the company in an efficient and effective way.
Where the industrial action is in the Slab Yard area, slab will still be
produced and that slab will be stacked and stored in an effective and efficient
way as directed by the Company.
37.3.8 The
parties' commitment to "no dumping of iron" requires that support
functions necessary to sustain the safety and operating integrity of the blast
furnaces, however provided, will continue through the industrial action.
37.3.9 No
employee or union will direct or encourage any employee or contractor in an
associated area to take action that may have the effect of circumventing the
intent and operation of these arrangements – namely that Blast Furnaces
continue to operate and hot metal is not dumped in the event of industrial
action.
37.3.10 The
Company shall provide the Unions each day with a list of the location of all
slabs stored in accordance with these hot metal arrangements during the course
of industrial action.
37.4 Meeting Urgent
Customer Needs
37.4.1 To
satisfy the requirements of the customers of the Company, the parties are
committed to ensuring that the urgent needs of customers are met throughout the
period of any industrial dispute.
37.4.2 In
recognising that the Company's customers are a key foundation of the Company's'
business, the parties commit to the principle that all disputes and issues will
be resolved in accordance with the applicable dispute resolution procedures and
without recourse to industrial action that would adversely impact on those
customers.
37.4.3 In
the unlikely event of industrial action occurring, the parties will, before
such action commences, and on an ongoing basis as necessary during such action,
hold discussions in relation to production or maintenance work that is
necessary to enable genuinely urgent customer requirements to be met. So far as practicable, prior to the taking
of industrial action and (on all occasions) progressively, as necessary, during
such action the relevant union delegate(s) and the relevant Company
representatives will meet and confer immediately and on an ongoing basis to
manage the supply of product to avoid stocking out of customers.
37.4.4 The
Company's customer service or logistics representative will identify product
that is required to maintain a customer's business and is packed and waiting
dispatch.
37.4.5 Where,
in accordance with subclause 37.4.6 and 37.4.7, product is identified as
requiring despatch to avoid a stock out or potential stock out and that product
or part of that product is packed and awaiting dispatch, it will be dispatched
as required by the Company.
37.4.6 The
Company will become aware, either through its dispatch management systems or by
way of other direct communication with a customer that the customer is in need
of urgent delivery of product to avoid a stock out. This will occur each and every day during a period of industrial
action.
37.4.7 Where
the Company becomes aware of a stock out or a potential stock out for a customer,
then the Company will provide to the relevant union delegate a written report
containing the following particulars of the stock out or potential stock out:
the name of the customer,
the product and quantity required,
where the product is required, and
when the product is required.
A copy of the written report will be faxed to the
relevant union offices.
37.4.8 In
the event that there is a residual amount of an order to be processed to enable
dispatch of it to occur and there are special or urgent considerations applying
to the order, these circumstances will be raised and discussed between the
relevant company representative and the relevant employee representative with a
view to reaching agreement. In the
absence of agreement either party may seek the assistance of the Commission by
notification under s130 of the Act. The
parties agree that if the operation of this subclause creates substantially
adverse consequences then any party may apply to the Commission after 13
November 2002 to recommend other arrangements in relation to residual amounts
of orders and the parties will comply with the terms of such recommendation in
lieu of the provisions of this subclause.
37.4.9 In
the event that there is a breakdown of a crane, forklift, or other dispatch
related equipment that would otherwise prevent the urgent dispatch of product
provided for in this subclause then maintenance employees or contractors as
appropriate will work to repair the equipment and facilitate the dispatch of
product.
37.4.10 No employee
or Union will direct or encourage any employee or contractor in an associated
area to take action that may have the effect of circumventing the intent and
operation of these arrangements.
37.4.11 In
subclause 37.4:
“relevant union delegate” means the delegate of the
employees whose industrial action is preventing or hindering the normal
despatch of product. In the absence of
that delegate the relevant union delegate shall be the employee who, in the
ordinary course, would be regarded by the employees as acting in the place of
the delegate.
“relevant company representative” means the customer
service officer nominated by the company for the purpose of the arrangements in
this subclause.
"Stock out" and "stocking out" mean
a situation where the customer is unable, because of its lack of the Company
product which the customer requires, to maintain its normal operations.
38. Departmental
Arrangements
38.1 To ensure that
effect is given to the provisions of clause 37 of this Award the following particular
departmental arrangements will apply:
38.1.1 Rail Operations
in accordance with Schedule 1.
38.1.2 Slab Yard in
accordance with Schedule 2.
38.1.3 Packaging
Products Urgent Despatch in accordance with Schedule 3.
38.1.4 Plate Mill
Urgent Despatch in accordance with Schedule 4.
38.1.5 Hot Coil
Processing and Despatch and Unanderra Coil Processing in accordance with
Schedule 5.
38.1.6 Notwithstanding
the particular departmental arrangements referred to above, all departments and
operations will have appropriate arrangements in place to ensure that effect is
given to clause 37 of this Award.
DIVISION 7-MISCELLANEOUS
39. Delegates
39.1 Recognition of
Delegates -
39.1.1 The Company will
recognise an employee who is a delegate representing the employees in a shop or
department where he or she is employed.
A delegate will be allowed the necessary time to interview the employees
for whom the delegate represents, the Company or its representatives, during
working hours, where there is a dispute affecting employees in his or her shop
or department.
39.1.2 The Company will
not be bound to recognise as a delegate any employee whom the union concerned
has sent written notification to the Company that it does not recognise that
employee as a delegate.
39.1.3 The Company
will, upon request, provide each recognised delegate with a suitable locker for
the purpose of storing relevant union material at the workplace.
39.2 Delegates'
Training -
39.2.1 The Company
recognises the unions desire for delegates' training and will cooperate with
unions to facilitate release and pay ordinary wages to delegates attending
agreed courses in cases where:
(a) there is prior
consultation with the Company about the course and the ability to release
particular employees from the job;
(b) the course is
aimed at improving industrial relations and deals with relevant matters in a
positive and responsible manner;
(c) when
appropriate, there is an opportunity for Company participation in or
contribution to the course.
The Company will not unreasonably refuse to release
delegates to attend training courses that comply with (a), (b) and (c) of this
clause.
40. Payroll Deduction
of Union Membership Fees
40.1 The Company shall deduct Union membership fees
(not including fines or levies) from the pay of any employee, provided that:
40.1.1 the employee has
authorised the Company to make such
deductions in accordance with subclause 40.2 herein;
40.1.2 the Union shall
advise the employer of the amount to be deducted for each pay period applying
at the Company’s workplace and any changes to that amount.
40.1.3 deduction of
Union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
40.1.4 there shall be
no requirement to make deductions for casual employees with less than two (2)
months’ service (continuous or otherwise).
40.2 The employee’s
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including a variation in that fee effected in accordance
with the Union’s rules) that the Union advises the Company to deduct. Where
the employee passes any such written authorisation to the Union, the Union
shall not pass the written authorisation on to the Company without first obtaining the employee’s consent to do
so. Such consent may form part of the
written authorisation.
40.3 Monies so
deducted from employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the
Company's election, together with all necessary information to enable
the reconciliation and crediting of subscriptions to employee’s membership
accounts, provided that:
40.3.1 where the
Company has elected to remit on a weekly or fortnightly basis, the Company shall be entitled to retain up to 5
per cent of the money deducted; and
40.3.2 where the Company has elected to remit on a monthly or
quarterly basis, the Company shall be
entitled to retain up to 2.5 per cent of the monies deducted.
40.4 Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
40.5 The Union shall
advise the Company of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar
year. Such advice shall be in the form
of a schedule of fees to be deducted specifying either weekly, fortnightly,
monthly, or quarterly as the case may be.
The Union shall give the Company
a minimum of two month’s notice of any such change.
40.6 An employee may
at any time revoke in writing an authorisation to the Company to make payroll deductions of Union membership fees.
40.7 Where an
employee who is a member of the Union and who has authorised the Company to make payroll deductions of Union
membership fees resigns his or her membership of the Union in accordance with
the rules of the Union, the Union shall inform the employee in writing of the
need to revoke the authorisation to the employer in order for payroll
deductions of Union membership fees to cease.
41. Apprentices
Where any provisions of this award, so far as he or she
relate to apprentices, are inconsistent with the provisions of this clause, the
provisions of this clause will, to the extent of the inconsistency, prevail.
41.1 Conditions of
Employment - The ordinary conditions of employment, including method of
payment, award holidays, hours and overtime, will be those contained in this
award, provided an apprentice whilst under 18 years of age will not be allowed
to work shift work, and an apprentice will not work shift work unless working
under the control of a tradesperson in the same trade. An apprentice will not be required to work
overtime during the first year of his or her apprenticeship unless he or she is
willing to do so.
41.2 Lost Time - The
Company may deduct from the wages of an apprentice amounts proportionate to the
working time lost by the apprentice in any wage period when suspended under the
provisions of subclause 41.3 or owing to his or her absence from the service of
the Company, unless such absence is caused by:
41.2.1 the Company's
fault;
41.2.2 illness not
exceeding one week in each year of service, duly certified by a qualified
medical practitioner;
41.2.3 the occurrence
of any public holiday prescribed by this award.
41.3 Disciplinary
Code -
41.3.1 Apprentices may
be suspended by the Company without pay during such period of suspension for
the following reasons, and subject to the undermentioned limitations of each
suspension, viz:
Nature of Offence or Misdemeanour
Disobedience, Laziness, Bad Timekeeping, General Misconduct,
etc
First Offence - The apprentice will be cautioned and
told that this caution will be noted on his or her history card.
Second Offence - The apprentice may be suspended for a
period not exceeding five working days (without pay). Time lost by such suspension will be made up at the end of each
year.
Third Offence - The apprentice may be suspended for a
period not exceeding ten working days (without pay). Time lost by such suspension will be made up at the end of each
year.
Following a suspension, the apprentice may be brought
before the Company's Internal Apprenticeship Authority which will admonish the
apprentice and advise them that his or her offence or misdemeanour, if
persisted in, may lead to cancellation of his or her indenture in accordance
with Part 4 of the Apprenticeship and
Traineeship Act 2001 (NSW).
Insolence, Wilful Disobedience, Wilful Damage to
Property, Neglect of Safety Precautions which may result in injury to themself
of fellow employees, Theft, Assault or Other Serious and Wilful Misconduct:
First Offence - The apprentice may be instantly
suspended for a period not exceeding five working days (without pay). Time lost by such days' suspension will be
made up at the end of each year.
Second Offence - The apprentice may be instantly
suspended for a period not exceeding ten working days (without pay). Time lost by such suspension will be made up
at the end of each year.
Following a suspension, the apprentice may be brought
before the Company's Internal Apprenticeship Authority which will admonish the
apprentice. If such conduct is
persisted in, the apprentice may be suspended immediately and his or her
indenture may be cancelled in accordance with Part 4 of the Apprenticeship and Traineeship Act 2001(NSW).
41.3.2 When the Company
intends to suspend an apprentice, it will immediately so advise the
Commissioner for Vocational Training and the union or unions covering the
apprentice's trade.
41.3.3 When the Company
suspends an apprentice, the suspension will be effected by handing or
delivering to the apprentice a notice in writing specifying:
(a) particulars of
the offence alleged to have been committed;
(b) the period of
suspension;
(c) that future
misconduct may cause the Company to seek cancellation of the indenture;
(d) the address of
the Commissioner for Vocational Training; and
(e) that the
apprentice is entitled to apply to the Commissioner for Vocational Training at
that address, by letter, to have the suspension set aside.
41.3.4 The Company will
forward a copy of the notice to the Commissioner for Vocational Training, the
union or unions covering the apprentice's trade and to the parent or guardian
of the apprentice on the same day as the notice is handed or delivered to the
apprentice.
41.3.5 Any purported suspension
not effected in accordance with the above will be of no effect.
41.3.6 Nothing in this
clause will affect the rights or obligations of any party to the apprenticeship
under the Apprenticeship and Traineeship
Act 2001(NSW).
41.4 Wages -
41.4.1 The minimum
weekly rates of pay for apprentices are as set out in Table 3 - Apprentices, of
Part C - Monetary Rates - Restructured Classifications.
41.4.2 The total wages
of apprentices will be calculated to the nearest five cents, any broken part of
five cents in the result not exceeding half of five cents to be disregarded.
41.4.3 An employee who
is under 21 years of age on the expiration of his or her apprenticeship and
subsequently works as a minor in the occupation to which he or she has been
apprenticed will be paid at not less than the adult rate prescribed for that
classification.
41.4.4 The special
rates provisions in this award will apply to apprentices in the trades where
tradespersons are paid these special rates.
41.4.5 Tool allowance -
A tool allowance will be paid to apprentices as prescribed in Table 3 -
Apprentices, of Part C - Monetary Rates - Restructured Classifications. The allowance will apply for all purposes of
the award.
41.4.6 Where it was the
practice as at 14 December 1979 for the Company to provide all tools ordinarily
required by an apprentice in the performance of his or her work, the Company
may continue that practice and in that event the allowance prescribed in
paragraph 41.4.5 will not apply to such apprentices.
42. Department Work
Redesign Agreements
42.1 Departments
within the Company's operations may from time to time make Work Redesign
Agreements which include new rates of pay and conditions of employment for
employees covered by this award which differ from the provisions contained in
the Part A - General Conditions and Part C - Monetary Rates - Restructured
Classifications. A Work Redesign
Agreement will take effect when this award is varied to incorporate the
Agreement in Division 2 - Work Redesign Agreements of Part B - Agreements to
this award. Upon taking effect, the
provisions of a Work Redesign Agreement will prevail over provisions contained
in Part A - General Conditions and Part C - Monetary Rates - Restructured
Classifications to the extent of any inconsistency.
42.2 The rates of
pay contained in Part C - Monetary Rates - Restructured Classifications for
each Department's Work Redesign Agreement are inclusive of the adult basic wage
prescribed for the purposes of the Industrial
Relations Act 1996.
PART B - AGREEMENTS
DIVISION 1 - GENERAL AGREEMENTS
43. Payment for
Training
43.1 Scope of
Agreement - This agreement applies to Company authorised training to allow
employees to:
43.1.1 carry out the
full range of duties of his or her current classification; and/or
43.1.2 progress within
the appropriate Employee Job Development model;
provided that the employee’s attendance at authorised
training has been approved by supervision after consideration of the employee’s
and Company’s needs, including operational requirements. Any refusal by supervision to grant such
approval is subject to review under the established procedure for resolving
industrial claims, issues and disputes or other local arrangements.
This agreement does not apply to training which is
generally not associated with:
43.1.3 allowing
employees to carry out the full range of duties of his or her current
classification; and/or
43.1.4 the appropriate
Employee Job Development model,
such as occupational health and safety committee training,
trade union training, full time training (e.g. apprentices) or training such as
that covered by the Approved Student and Cadet Schemes and University Degrees.
So far as is reasonably practicable, having regard to
operational requirements and the need to minimise labour costs additional to
those of the employee’s paid ordinary hours, an employee’s training will be
done during the employee’s ordinary hours of work (including where appropriate
by rescheduling those hours).
43.2 Payments -
Where with the approval of the Company an employee attends training authorised
by the Company, the employee’s attendance will be on the following basis:
43.2.1 TAFE and other
externally provided training whether conducted on or off the plant:
(a) during
ordinary working hours - no deduction from the employee’s ordinary wages;
(b) outside
ordinary working hours - attendance and payment at single time payment will be
approved in accordance with the needs of the authorised training. Generally this training will not exceed 6
hours per week except that additional training may be approved and single time
payment will be made if exceptional training requirements exist.
43.2.2 Other classroom
training:
(a) during
ordinary working hours - no deduction from the employee’s ordinary wage;
(b) outside
ordinary working hours - single time payments.
43.2.3 Computer aided
or computer based training during ordinary working hours - no deduction from
the employee’s ordinary wage.
43.2.4 Computer aided
or computer based training outside ordinary working hours - single time payment
for the time spent training up to the maximum of the course duration as
determined by the course designer or course coordinator. No payment will be made for time beyond that
duration. Any refusal of payment is
subject to review under the established procedure for resolving industrial
claims, issues and disputes or other local arrangements.
43.2.5 On-the-job
training:
(a) during
ordinary working hours - no deduction from the employee’s ordinary wage;
(b) outside
ordinary working hours - single time payment for the employee’s initial
training period. However, once the
employee has completed the initial training period and commences experience
training the appropriate award overtime rates of pay will apply.
For the purposes of 43.2.5(b) above:
"initial training" is the training which an
employee undertakes to the point where the employee’s supervision is satisfied
that the employee has acquired sufficient knowledge and understanding of a
skill, task or function to perform that skill, task or function; and
"experience training" is the training, if
applicable, following initial training during which an employee is gaining
experience in the skill, task or function which is required for the purpose of
accreditation.
43.3 Repeat Training
-
43.3.1 If an employee
fails to pass an accreditation stage:
(a) but has
genuinely applied themself to training (as determined by supervision),
supervision will authorise and pay the employee for additional training at a mutually
agreed time (which fits in with the employee’s departmental requirements and
does not disadvantage other employees);
(b) and has not
made a genuine effort (as determined by supervision), the employee will be
placed at the bottom of the training waiting list for that training
requirement. The employee will not be
paid for repeat training outside ordinary working hours, and unless
circumstances require a different approach, repeat training will not be
arranged during ordinary working hours.
43.3.2 Repeated failure
will result in counselling by supervision to determine a solution.
43.3.3 Any disputes
arising in relation to 43.3.1(a),43.3.1(b) and 43.3.2 will be progressed
through the established procedure for resolving industrial claims, issues and disputes
or other local arrangements.
43.4 Refresher
Training - In the case of an employee who is undertaking authorised refresher
training (e.g., a forklift driver who has not driven a forklift for 5 years),
the employee will receive payment in accordance with the appropriate payment
for training provision in 43.2.
43.5 Definitions -
43.5.1 "ordinary
working hours" means:
the employee’s normal working hours in the case of a
Day Worker;
the employee’s rostered on shifts in the case of a
Shift Worker;
the employee’s rescheduled rostered on shifts in the
case of a Shift Worker whose shifts have been rescheduled for the purposes of
approved training.
43.5.2 "ordinary
wage" means the employee’s ordinary wage (including shift and weekend
premiums and any allowances but excluding disability allowances if these are
not experienced) and bonus. It is paid
for time spent in tuition, travelling and examination only.
43.5.3 "single
time payment" means the employee’s ordinary award wage and bonus and
excludes shift and weekend premiums, overtime, special rates, etc. It is paid for the time spent in tuition and
examination only.
43.5.4 "classroom
training" means training conducted by a trainer, supervisor or other
suitably qualified person in any training centre, conference room, crib room or
office.
43.6 Miscellaneous -
43.6.1 An employee is
training until he or she receive accreditation for the skills being learned.
43.6.2 Where an
employee is required to travel from work, during ordinary working hours, to attend
TAFE or other externally provided training, or travel from training back to
work, the employee will be allowed up to 30 minutes travelling time. This travelling time will be paid at the
employee’s ordinary wage. If the
travelling time is outside the employee’s ordinary working hours, no payment
will be made.
43.6.3 Employees will
not be expected to work excessive hours and attend at the same time (i.e. an
employee will not be expected to work and train on sequence of doublers).
43.7 Exceptions to
subclause 43.2 -
43.7.1 If an employee
is required to attend authorised training outside ordinary working hours on a
Saturday, Sunday, Public Holiday, or rostered day off, the employee will be
entitled to the appropriate penalty payments, or by agreement, time off in
lieu.
For the purposes of 43.7.1:
(a) "appropriate
penalty payments" means the appropriate award overtime payments;
(b) shift allowance
is not paid on any shift; and
(c) "time off
in lieu" is equal time not penalty time (e.g., if an employee trains for 8
hours on Saturday and it is agreed that the employee has time off in lieu, the
employee has 8 hours off work).
43.7.2 Employees
attending authorised training on compulsory "ring roster days" or
"21st shifts" will be paid according to his or her roster (ie
overtime rates).
43.7.3 Employees asked
to remain at work or attend work outside his or her ordinary working hours for
the purpose of performing work will be paid overtime. If, during such work, training is carried out (e,g., during a mechanical
breakdown) the employee will continue to be paid overtime for the training
period.
43.7.4 No payment will
be made for:
(a) time spent in
personal study and/or private tuition;
(b) time spent
enrolling in authorised external courses (e.g., TAFE);
(c) time spent in
preparation of assignments;
(d) waiting time
between courses;
(e) time spent on
text based self guided learning.
43.8 Payment of
Course Fees - Unless an employee has failed to complete training through
insufficient effort or application the Company will reimburse to the employee
the cost of any authorised training fees associated with authorised
training. Textbooks and other material
associated with the training will be paid by the employee.
43.9 Award
Provisions - The provisions in this award covering transfer of Day Workers to
shift work, transfer of Shift Workers and transportation home from the plant
when reasonable means of transport are not available will apply to employees
required to train.
44. Lump Sum Payment
Scheme
44.1 Purpose of the
Agreement - This clause provides for a quarterly Performance Recognition
Payment directly related to business performance improvement measured against
performance indicators.
The purpose of the agreement is to:
44.1.1 Reinforce
commitment to the understandings set out in Port Kembla Steelworks Steel
Industry Agreements, to work to ensure a viable steelmaking industry at Port
Kembla.
44.1.2 Assist in
achieving the Company's critical business objectives. In this regard the parties commit themselves to co-operating in
measures to achieve and maintain a world class steelworks.
44.1.3 Recognise the
contribution of employees to improved performance when this has occurred.
44.2 Payment -
Performance recognition payments at the end of each quarter will be made to all
employees of the Company on the payroll at the end of that quarter for which
the payment is made, except: employees covered by the Port Kembla Product Berth
Enterprise Development Agreement 2002 and the Port Kembla Bulk Operations
Enterprise Agreement 2002, or any replacement agreement or award; employees off
work on non-accident pay workers' compensation. This performance recognition payment will be calculated as a
percentage of total gross earnings, as defined.
Employees who leave the Company during the period, will
not be eligible for payment.
44.3 Principles of
Payments System - The terms of the performance improvement recognition payments
system are:
44.3.1 In addition to
other payments, there will be a quarterly performance recognition payment
directly related to reasonably achievable business performance improvements
measured against the agreed performance indicator.
The agreed performance indicator at Port Kembla
Steelworks will be determined by the Company following consultation with the
unions who are party to this award.
44.3.2 The performance
recognition payments will be paid at the end of each quarter and will be
calculated as a percentage of total gross earnings.
For this purpose, total gross earnings does not include
payments in respect of absences on workers' compensation by employees not in
receipt of accident pay or termination payments or performance recognition
payments paid during the quarter but related to a previous quarter.
44.3.3 The percentage
of total gross earnings to be paid will be determined by reference to the
actual performance measured against the 4.5 per cent target performance
indicator.
44.3.4 On achievement
of the agreed performance targets, 4.5 per cent of total gross earnings as
defined for the purpose of the Scheme, with payments varying above and below
this amount possible depending on performance.
The maximum quarterly payment to be made under this
Scheme will not exceed 5.5 per cent of gross earnings.
44.3.5 Payments will be
included in the direct deposit and (itemised separately) on the pay docket of
the first administratively convenient pay fortnight following the end of a
quarter. Payments will be taxed at the
individual's appropriate marginal rate in the pay fortnight in which the
payment is made. The payments,
including tax deductions, will be included in each employee's Group
Certificate.
44.4 Required
Actions - The parties acknowledge that the continued viability of the Port
Kembla Steelworks is dependent upon taking continual steps to reduce total
costs and increase prime product tonnes invoiced. Typical measures which the parties agree to work towards to
reduce total cost of sales, increase prime product tonnes invoiced and promote
adherence to agreed dispute settling procedures.
DIVISION 2 - WORK REDESIGN AGREEMENTS
45. No. 2 Blower
Station Work Redesign Agreement
45.1 Application -
This agreement applies to all employees of the Company employed in the No. 2
Blower Station under the classifications contained in Item 1 of Table 4 -
Annualised Salary Rates of Pay, of Part C - Monetary Rates - Restructured
Classifications.
The parties agree that this agreement will have no
application to, and will in no way create a claim for, flow on of salaries and
conditions provided for in this agreement to employees in the Company or any
other Department or Division unless by agreement.
45.2 Hours of Work -
The 12-hour, seven-day continuous shift rosters to be implemented as part of
the team work system have been agreed by the parties. This includes provision for a four-shift arrangement and
supported by the roster and day crew.
The standard hours of work will be an average of 38 per
week.
The shift system being worked may be varied after
consultation to suit the circumstances of the operation.
Where 12-hour shifts are worked, two meal breaks will
be taken. The team will determine the
timing of such breaks, having regard to work requirements.
All employees will be required to work additional hours
to meet operational needs. It is the
defined work team's responsibility to establish a system to ensure all
operational needs and absences are covered.
These arrangements ensure that a full labour complement is available at
the commencement of every shift.
Records will be kept on all hours worked and a review of the additional
work hours payment will be made as required.
This review will not lead to a reduction in this payment.
Where the agreed number of employees in a defined work
team have each worked more than their relevant additional work hours in a
roster cycle (12 weeks), then each individual who has exceeded these hours will
be paid at the rate of double time for those hours in excess of the agreed
"Safety Net" hours. The base
rate for their classification will be used for this calculation (refer to Item
1 of Table 4, Annualised Salary Rates Of Pay, of Part C - Monetary Rates -
Restructured Classifications). A review
of the extent and reasons for additional hours worked will be made every
quarter.
45.3 Public Holidays
Falling During Annual Leave - The additional payment component of the
annualised salary includes payment for all public holidays falling during
periods of annual leave.
45.4 Sick Leave -
Employees are expected to attend work regularly. Discretionary sick leave provides an insurance that an employee
who is unable to attend work because of a genuine illness will continue to
receive his or her salary as per Item 1 of Table 4, Annualised Salary Rates of
Pay, of Part C - Monetary Rates - Restructured Classifications. Employees may be required to provide a
medical certificate or other evidence where the absence is more than two days
or more than a total of five single days in any year or where a marked pattern
of absences is developing.
In instances where an individual continually abuses the
sick leave provisions, the team and management jointly have the discretion to
withhold payment for the absence.
Requirements for extended periods of sick leave will be
considered jointly by the team and/or management, taking into account:
45.4.1 the
circumstances and nature of the illness or injury;
45.4.2 the history of
work performance and attendance.
45.5 Special Leave -
Leave will be granted for an employee to attend for jury service and no
adjustment will be made to the employee's salary for the first three days of
jury service. After that, any amounts
paid for jury service will be deducted from the employee's salary. It is expected that, as part of the
team-based work arrangements, the additional work hours will cover special
leave absences and that absences will be minimised.
45.6 Grievance
Resolution Procedures - The following procedure will be adopted in grievance
situations to ensure team integrity and that issues are settled promptly and
effectively. This procedure will enable
the resolution of grievances and issues to be progressed whilst work proceeds
normally.
45.6.1 Team resolves
issue on shift - The individual(s) and/or delegate and the immediate supervisor
attempt to resolve the issue immediately on shift with the team; then
45.6.2 the Watch Dog
Committee meets to resolve the issue if it is not able to be handled within the
shift; then
45.6.3 if the issue has
not been resolved at the Watch Dog Committee, then the following steps will be
followed. The Superintendent, Union
Organiser and Human Resources representative meet with the parties in dispute
to resolve the issue. After this group
has convened, it has 24 hours to reach an outcome satisfactory to all parties
before referring the matter to on to 44.6.4.
45.6.4 The Department
Manager, Union Secretary and Human Resources Manager meet with the parties in
dispute to resolve the issue. This
group has 24 hours to reach an outcome satisfactory to all parties.
45.6.5 If the dispute
remains unresolved, the parties may either:
(a) refer the
matter to an impartial mediator who is nominated by the parties beforehand and
whose decisions the parties have agreed to accept; or
(b) refer the
matter to the Industrial Relations Commission of New South Wales.
In the case of a genuine health and safety issue,
immediate steps are to be taken by the relevant parties to remedy the situation
and then the resolution process from steps 44.6.1 to 44.6.5 of this clause are
to be followed.
In the case of a national or district dispute, the
parties agree to ensure the ongoing safety of the No. 2 Blower Station by
agreement of all parties. This is not a
no-strike clause.
45.7 Overtime Meals
- Under this agreement, the provision of a meal by the Company or a payment in
lieu of a meal in situations of unnotified overtime will not occur.
45.8 Annualised
Salaries - All employees working as part of a team at No. 2 Blower Station
under the classifications listed in Item 1 of Table 4, Annualised Salary Rates
of Pay, of Part C - Monetary Rates - Restructured Classifications, will be paid
an annualised salary as set out in Item 1 of Table 4.
The annualised salary will:
45.8.1 provide a stable
income, with a standard pay on a fortnightly basis for the individual;
45.8.2 reduce
inefficiencies by building in payment for a set number of additional hours;
45.8.3 support the team
concept.
The annualised salary is
made up of four components:
45.8.4 Base Rate -
Payment includes the award wage and over award (bonus) payments.
45.8.5 Additional
Payments - Payment for all public holidays (worked and rostered) and annual
leave loading (where applicable).
45.8.6 Shift Work
Payments and Penalties - Payments for all disabilities and disturbances
associated with shift work and the working of regular rostered shifts on
weekends.
45.8.7 Additional Work
Hours - Payment for work undertaken as required outside ordinary shift or day
hours.
The calculation of this annualised salary is contained
in Item 1 of Table 4, Annualised Salary Rates of Pay, of Part C - Monetary
Rates - Restructured Classifications.
The appropriate annual leave loading will be paid at
the time the annual leave is taken.
46. Blast Furnace
Team Work Redesign Agreement
46.1 Application -
46.1.1 This agreement
applies to all employees of the Company employed in the No. 5 and No. 6 Blast
Furnaces under the classifications contained in Item 2 of Table 4 - Annualised
Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications.
46.1.2 The parties
agree that this agreement will have no application to, and will in no way
create a claim for, flow on of salaries and conditions provided for in this
award to employees in the Company or any other Department or Division unless by
agreement.
46.2 Preamble -
46.2.1 Purpose - The
purpose of this agreement is to represent the values, goals, principles and
conditions which have been jointly developed by the parties and will provide
the framework for a new team work system at the blast furnaces.
This agreement specifically sets out principles for
people working together in teams. This
involves teams and team members having a say in the decisions that affect them
and progressively assuming greater levels of accountability and responsibility
in his or her place of work. This will
facilitate the creation of a work environment in which everyone will contribute
to making the blast furnaces a world-class operation.
Consequently, this agreement will also provide
employees with access to rewarding and satisfying jobs and will result in efficient
and continuously improving operations.
The intention is for this agreement to set out
principles and not to be prescriptive.
46.2.2 Direction - The
new team system of work has been developed to support the business directions
of the blast furnaces. This agreement
is designed to allow achievement of the following mission and goals:
(a) Mission - To
be the world leader in ironmaking by creating the right team to produce the
right iron all the time.
(b) Goals -
Achievement of the following goals will provide measures of the success of this
team work system:
(i) Safety - To
ensure a safe working environment, practices and people, with zero incidents or
accidents;
(ii) Productivity
- To produce a product meeting agreed operating standards and supply
specifications;
(iii) Environment -
To conform 100 per cent of the time to better than the EPA licence agreement
requirements, while maintaining and improving a healthy workplace;
(iv) Improvements -
To continuously improve our people, processes, technology and product against
agreed standards;
(v) Quality - To
operate cost-effective blast furnaces which meet supply agreement targets 100
per cent of the time, including cost KPIs;
(vi) People - To
create a work team we can be proud of, utilising world's best practices.
Procedures to review and measure performance to these goals
will be adopted.
(c) Values - The
direction set for the blast furnaces is deliberately challenging. To achieve it will require changes to the
behaviours and attitudes of all who work there. To ensure that there is consistency of action in all situations
by all parties, a set of fundamental values has been agreed to after
participation by all employees. By
following these values in all circumstances, high levels of trust, co-operation
and support will be established. Blast
furnace values are:
(i) Customer
Satisfaction - Being committed to meeting our customers' needs all the time;
(ii) Safety -
Recognising that safety is everyone's responsibility and is paramount;
(iii) Respect -
Respect for an individual's rights, Company policy and our environment. Loyalty to team members, goals and
procedures and confidence in members' ability;
(iv) Caring -
Giving others a fair go to enable all to work together and support each other
and to try to see issues from others' point of view;
(v) Honesty -
Being sincere and truly believing in what we say and do;
(vi) Work Ethic -
Being committed to do our best at all times, while having accountability for
our actions and being given responsibility equal to our skills;
(vii) Growth -
Striving to maintain a working atmosphere that stimulates opportunities for
people to grow and to be focused upon continuous improvement;
(viii) Recognition -
Ensuring that efforts are recognised fairly and consistently.
46.3 Team Work - The
key approach to implementing the values on the blast furnaces is the change in
focus from individual work system issues to a situation where groups work as
teams.
Teams will have a say in the decisions which affect
them, providing teams accept the responsibility and accountability associated
with the outcomes of the decisions.
Over time, the blast furnaces will move away from a
directive to a participative work environment.
The rate of this change will be dependent on skills acquisitions and
sharing of responsibility and accountability.
It is essential for two aspects of team work to exist
in the blast furnaces. Firstly, within
the natural work teams which work on tasks to achieve a common outcome. Secondly, between work teams to ensure that,
together, individual work teams support and co-operate as a high performing
team of teams to achieve the overall mission and goals.
46.4 Principles -
The following principles have been agreed upon to ensure that groups work as
teams using a shared framework which complements the direction and values for
blast furnaces. These will be applied
progressively as the circumstances permit.
Team objectives to achieve the mission and goals,
including productivity or output standards, will be jointly agreed upon between
the team and management. Teams are then
responsible and accountable for these being met.
Teams will have sufficient authority and independence
to manage their own work.
Teams will have access to timely and clear feedback on their
performance in relation to agreed objectives and standards.
The division of team tasks, how sub-tasks are assigned
to team members and how they are co-ordinated in detail, is a team decision.
Team members will assume responsibility to the team for
different sub- tasks.
Team members are responsible for planning their work
within the team.
Each team member will perform a significant range of
operational, technical or interpersonal functions to enable the work of the
team to be completed.
Team members are to be trained in and will apply a
range of operational, technical and interpersonal skills.
Non-routine aspects of the work are to be carried out
using creative problem-solving methods.
Teams must have clear, simple lines of communication
with management, other teams and other key groups and individuals.
Arrangements with other departments regarding services
which support teams will be agreed and straightforward.
The environment, including management, is to be
characterised by open communications, delegation and consultation.
The formal and informal reward systems will support
co-operative relationships rather than encouraging competition and conflict.
Teams will consider the impact of their actions on
other teams, customers and suppliers.
46.5 Team Structure
- The structure for the shift teams is as follows:
One Operations Engineer.
One Process Controller.
One Systems Controller.
One Electrical Tradesperson.
One Mechanical Tradesperson.
An appropriate number of Process Operators.
In addition, each blast furnace has one additional
mechanical tradesperson and one additional electrical tradesperson for annual
leave relief.
Procedures which ensure maintenance of this team
structure will be implemented. These
will involve having trained employees available to promptly fill vacancies
caused by resignations, absences due to work injuries and, in some instances,
long-term absences.
46.6 Team Concept
- Each shift team is to work as one team.
The team is to run along participative lines where individuals
have a say in his or her work, proportional to his or her responsibility and
accountability. Participative
decision-making is to evolve over time.
The team is to operate under the principles previously listed in
subclause 46.4.
46.7 Performance
Management - Over time, teams will progressively assume greater involvement in
managing their performance, with teams and team members having responsibility
for maintaining and improving their performance. This will involve the teams being involved in both recognising
good performance and addressing non- performance issues within their teams.
Systems will be established to enable teams and also
management to recognise and, where appropriate, reward good performance. These systems must be perceived as equitable
and must reinforce the desired behaviours of the team work system.
Instances of non-performance by individual team members
within the team are to be dealt with by the team in the first instance. This would be where a team member's
performance or behaviour was not supporting the agreed team work principles.
In cases where the team identifies an incident of
non-performance, the team is to recognise that the non-performance could be
caused by:
lack of awareness by the individual that their
performance is substandard;
lack of skills;
poor application to the task by the individual;
inadequate team systems to enable the individual to
perform.
The individual will be given every reasonable
opportunity to improve his/her performance by a combination of counselling,
progressive warnings and the opportunity to access training. A problem-solving approach to addressing
non-performance will be used.
Regular feedback will be provided to individuals on his
or her performance in a non-threatening way by his or her peers in the
team. A detailed system for this will
be jointly developed.
In instances where the team is not able to either
satisfactorily resolve team-based non-performance issues, or where poor
performance is identified from outside the team, agreed practices recommended
by the Work Design process or other practices jointly developed will apply.
Teams will be given maximum support, assistance and
co-operation by management and unions to enable them to resolve non-performance
issues.
46.8 Classifications
and Salaries - The classifications appearing in Item 2 of Table 4 - Annualised
Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications
are new classifications which have been established particular to the needs and
operations of No. 5 and No. 6 Blast Furnaces at Port Kembla Steelworks. All employees working as part of a team on
the blast furnaces, under these classifications will be paid an annualised
salary as set out in Item 2 of Table 4 - Annualised Salary Rates of Pay of Part
C - Monetary Rates - Restructured Classifications. All salaries will be paid fortnightly by electronic funds
transfer directly into an account nominated by the employee with a bank,
building society, credit union or other financial institution recognised by the
Company.
The annualised salary will:
provide a stable income, with a standard pay on a
fortnightly basis for the individual;
reduce inefficiencies by building in payment for a set
number of additional hours; and
support the team concept.
The annualised salary is made up of four components:
Base rate - Payment for the award wage, overaward
(bonus) payment, tool allowance for tradespersons and electrical licence
payments for electrical tradespersons.
Additional payments - Payment for disability allowances
for tradespersons, payment for all public holidays (worked and rostered).
Shift work payments and penalties - Payments for all
disabilities and disturbances associated with shift work and the working of
regularly rostered shifts on weekends and public holidays.
Additional work hours - Payment for work undertaken as
required outside normal shift or day hours.
This includes payment for all disturbances, recalls and travel time.
The calculation of this annualised salary is contained
in Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary
Rates - Restructured Classifications.
46.9 Training -
Progression through the classification structure contained in subclause 46.15
will be through completion of competency-based training and application of the
acquired skill(s) and knowledge.
Effective and timely training of all individuals in
these skills is recognised as an important priority in the new team work
system. The five- shift system supports
a commitment to training by providing training time during each roster
cycle. This will complement on-the-job
training.
The needs of individuals, the team as a whole and the
business will be assessed in formulating training plans. Each team will participate in the planning,
prioritising and review of training.
The Company will provide access to resources, time and
coaching to support training.
Individual team members will commit to train and to maintain and improve
skills as determined by the team and as required by changing operational needs.
46.10 Hours of Work -
The 12-hour, seven-day continuous shift rosters, to be implemented as part of
the team work system, have been agreed to by the parties. This includes provision for a five-shift
arrangement.
The standard hours of work will be an average of 38 per
week. At the time of implementation of
this agreement, these hours will be worked according to the agreed roster.
The method of working shifts may be varied by agreement
to suit the circumstances of the operation.
Under normal operational requirements, a maximum of
four 12-hour shifts over four consecutive days may be worked.
Under normal operational requirements, a maximum of
four additional hours may be worked immediately following a 12-hour ordinary
shift.
The team will be responsible for ensuring that relief
at the change of every shift occurs with no disruption to operations.
Where 12-hour shifts are worked, two meal breaks will
be taken. The team will determine the
timing of such breaks, having regard to work requirements.
All employees will be required to work additional hours
to meet operational needs. It is the
defined work team's responsibility to provide cover to meet operational
requirements, and each team will establish a system which ensures fair coverage
of planned and unplanned absences. This
will include ensuring that a full complement is available at the commencement
of every shift.
Records will be kept on all hours worked and a review
of the Additional Work Hours payment will be made as required. This review will not lead to a reduction in
this payment.
In the event of a catastrophe (eg a chilled hearth)
employees will be entitled to an additional payment, provided it is within the
following guidelines:
Where 80 per cent of employees in a defined work team
have each worked more than 78 additional work hours in a quarter, then each
individual who has exceeded these hours will be paid at the rate of double time
for these additional hours in excess of 78 hours. The base rate for his or her classification will be used for this
calculation (refer Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C
- Monetary Rates - Restructured Classifications). Any disability allowances due for tradespersons will also be paid
for these additional hours.
A review of the extent and reasons for additional hours
worked will be made every quarter (every 13 weeks from the implementation date
of the new work system).
46.11 Replacement for
Long-term Absences - The Additional Work Hours component includes payment for
coverage of most absences and workers' compensation absences of up to three
ordinary shifts.
The following points set out the spirit of this
agreement about replacement for long-term absences:
When cases of absences are out of the norm and
continued coverage without supplementation from support structures referred to
in subclause46.5, Team Structure, will result in hardship on shift personnel,
outside backup will be required.
Teams and management will manage this issue by joint
agreement, having regard to:
existing levels of additional hours worked;
anticipated length of absence;
and other relevant circumstances.
46.12 Leave - Leave
arrangements will be managed by the team having regard to operational
requirements.
46.12.1 Annual
Leave - Annual leave entitlements will be as per the Annual Holidays Act 1944.
Employees working continuous shift work will be
entitled to one additional week of annual leave per year.
The additional payment component of the annualised
salary includes payment for public holidays falling on work or roster days
during a period of annual leave.
46.12.2 Long
Service Leave - Long service leave entitlements will be in accordance with the Long Service Leave Act 1955.
46.12.3 Sick
Leave - Employees are expected to attend work regularly. Sick leave provides an insurance that an
employee who is unable to attend work because of a genuine illness will
continue to receive his or her salary as per Item 2 of Table 4 - Annualised
Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications.
Employees may be required to provide a medical
certificate or other evidence where the absence is more than two days or more
than a total of five single days in any one year, or where a marked pattern of
absences is developing.
In instances where an individual continually abuses the
sick leave provisions, the team and management jointly have the discretion to
withhold payment for the absence.
Requirements for extended periods of sick leave will be
considered jointly by the team and management, taking into account:
(a) the
circumstances and nature of the illness or injury; and
(b) the history of
work performance and attendance.
46.12.4 Special
Leave - Leave will be granted for the employee to attend for jury service, and
no adjustment will be made to the employee's salary for the first three days of
jury service. After that, any amounts
paid for jury service will be deducted from the employee's salary.
Bereavement leave will be granted for up to two days
per bereavement on the death of a member of the employee's immediate family.
Leave in part shift or single whole shift increments
may also be granted for compassionate reasons, such as the care of ill family
members. The team will determine if the
leave is granted.
It is expected that, as part of the team-based work
arrangements, the additional work hours will cover most absences and that
absences will be minimised.
46.13 Grievance
Resolution Procedure - The following procedure will be adopted in grievance
situations to ensure that long-term damage is not done to the furnace, to
maintain team integrity and to ensure that issues are settled promptly and
effectively. This procedure will enable
the resolution of grievances and issues to be progressed whilst work proceeds
normally.
Step 1 -The individual(s) and/or delegate and the
immediate supervisor attempt to resolve the issue immediately. If it is not able to be handled within the
shift then, depending on the urgency:
either the issue is immediately referred to Step 2 by
either party; or
the issue is referred to Step 2 at the beginning of the
next normal work day.
Step 2 -The Superintendent, union organiser and
Department Human Resources representative meet with the parties in dispute to
resolve the issue. This group has 24
hours to reach an outcome satisfactory to all parties before referring the
matter on to Step 3.
Step 3 - The Department Manager, Union Secretary and
Department Human Resources Manager meet with the parties in dispute to resolve
the issue. This group has 24 hours to
reach an outcome satisfactory to all parties.
Step 4 - If the dispute remains unresolved, the parties
may either:
(a) refer the
matter to an impartial mediator who is nominated by the parties beforehand and
whose decisions the parties have agreed to accept; or
(b) refer the
matter to the Industrial Relations Commission of New South Wales.
In the case of a genuine health and safety issue,
immediate steps are to be taken by the relevant parties to remedy the
situation, and then the resolution process from Steps 1-4 are to be followed.
In the case of a national or district dispute, the
parties agree to ensure the ongoing safety of the blast furnaces.
46.14 Commitment - All
parties and employees covered by this agreement commit to work by the provisions
outlined in this agreement.
46.15 Skills
Development - Approach - Skills development is required for team members so
that:
Team members have the necessary core skills required to
carry out his or her roles and responsibilities to a high level of competency.
Team members have a range of multi-skills within the
core skills to enable them to be employed on a wider range of tasks.
Team members need to develop cross-skills between each
other's core skills to enhance the flexibility and the ability of the team to
resource a wider variety of situations.
Team members need to have a range of interpersonal team
and team co-ordinating skills so that he or she can participate in team
processes.
In accordance with the team principles, all employees
are to perform a significant range of functions. This will be limited only by the range of skills acquired by
individuals.
Skills Matrix for Process Operators - The following
skills matrix sets out the classifications and corresponding skills required by
Blast Furnace Process Operators. The
skills matrix is regarded as flexible so that in the future new skills can be
added, enabling the overall skill level of individuals to grow to match future
requirements. Skills no longer required
can also be deleted.
The core skills consist of a combination of the
following elements:
appropriate operational skills;
occupational health and safety skills;
multi-skills; and
team process skills.
Classification
|
Core Skills
|
|
|
Process Operator Level 4
|
Team Process Stage
4
|
|
Multi-skills Stage
4
|
|
Co-ordination Stage
1
|
|
OHS&R Stage 3
|
|
Furnace Process
Stage 1
|
Process Operator Level 3
|
Furnace Stage 3
|
|
Team Process Stage
3
|
|
Multi-skills Stage
3
|
Process Operator Level 2
|
Team Process Stage
2
|
|
Multi-skills Stage
2
|
|
OHS&R Stage 2
|
Process Operator Level 1
|
Casting Stage 3
|
|
Furnace Stage 2
|
|
Team Process Stage
1
|
|
OHS&R Stage 1
|
|
Multi-skills Stage
1
|
Training for Entry Level Process Operators - There is a need
to provide graduated training for new employees who are employed at the blast
furnaces or are redeployed from elsewhere in the Works.
This training will be in stages so that employees are
remunerated progressively for acquiring skill groups.
Skills Matrix for Entry Level Process Operators -
Classification
|
Core Skills
|
|
|
Blast Furnace Process Operator Level 1
|
Casting Stage 3
|
|
Furnace Stage 2
|
|
Multi-skills Stage 1
|
|
OHS&R Stage 1
|
Base Level 2
|
Furnace Stage 1
|
|
Casting Stage 2
|
|
Team Process Stage 1
|
Base Level 1
|
Casting Stage 1
|
|
Gas System Stage 1
|
Entry Level
|
Induction Program
|
Once the employee reaches Blast Furnace Process Operator
Level 1, he or she then progresses through the steps outlined in the
Operational Skills Matrix for No. 5 and No. 6 Blast Furnace.
Blast Furnace Process Operator Experience Requirements - It
is recognised that Operators require skills, knowledge and experience to enable
them to contribute in the team situation.
Skill matrices for both Operators and Entry Level Operators
outline skills and knowledge requirements.
In addition, Operators will need to gain experience in the
non-routine activities to ensure he or she can safely and effectively handle
these situations. This is normally
acquired through time on the job, which enables skills and knowledge to be put
into practice.
The following time periods have been identified as the
minimum appropriate for progress to the next level for new blast furnace
employees with no blast furnace experience, even if all relevant courses have
been completed.
Blast Furnace Process Operator Level 4
|
12 months
|
Blast Furnaces Process Operator Level 3
|
12 months
|
Blast Furnace Process Operator Level 2
|
12 months
|
Blast Furnace Process Operator Level 1
|
12 months
|
Base Level 2
|
12 months
|
Base Level 1
|
3 months
|
Entry Level
|
|
These times have been calculated based on the quantity of
training time normally required to attend the relevant courses and the
programmed time available for training.
In special circumstances, the team can recommend to an Accreditation
Review Panel that approval for individuals to progress at a faster rate be
granted. This would normally occur when
the individual can demonstrate that experience has been acquired through other
relevant work experience.
These times should be reviewed for appropriateness 12 months
after the implementation of this process and the applicability to new employees
can be judged.
Skills Matrix for Tradespersons - The classification
structure for the mechanical and electrical trades personnel remains the Graded
Trades Model established between the Company and the relevant unions (see Table
2, Graded Rates of Pay of Part C - Monetary Rates - Restructured
Classifications).
Tradespersons will be better equipped to be team members if
he or she has a high level understanding of blast furnace operations and
applies the skills learned in the multi-skills modules.
The following Trades Multi-skills are able to be added to
existing trade modules in the Graded Trades structure for new employees joining
the blast furnaces:
Classification
|
Multi-Skills
|
|
|
Blast Furnace Tradesperson Level 3
|
Furnace Stage 3 (except casting)
|
|
Team Process Stage 3
|
Blast Furnace Tradesperson Level 2
|
|
Blast Furnace Tradesperson Level 1
|
Furnace Stage 2 (except casting)
|
|
Team Process Stage 2
|
|
OHS&R Stage 2
|
Blast Furnace Tradesperson Base Level
|
Furnace Stage 1
|
|
Team Processes Stage 1
|
|
OHS&R Stage 1
|
47.Temper Mills Work Redesign Agreement
47.1 Application -
47.1.1 This agreement
applies to all employees of BlueScope
Steel (AIS) Pty Ltd employed in the Packaging Products - Temper Mills under the
classifications contained in Item 3 of Table 4 - Annualised Salary Rates of Pay
of Part C - Monetary Rates - Restructured Classifications.
47.1.2 The parties
agree that this agreement will have no application to and will in no way create
a claim for flow on of salaries and conditions provided for in this agreement
to employees in the Company or any other department or division unless by
agreement.
47.2 Hours of Work -
The 12 hour 7 day continuous shift roster to be implemented as part of the team
work system has been agreed by the parties.
This includes provision for a four shift arrangement.
The standard hours of work shall be an average of 38
hours per week.
The shift system being worked may be varied after
consultation to suit the circumstances of the operation.
Where 12-hour shifts are worked, two meal breaks will
be taken. The team will determine the
timing of such breaks, having regard to work requirements.
All employees will be required to work additional hours
to cover all absences and any catastrophic event which would affect the Temper
Mills. It is the defined work team's
responsibility to establish a system to ensure all such events are defined and
covered. These arrangements ensure that
a full labour complement is available at the commencement of every shift. Records will be kept of all hours worked and
a review of the additional work hours payment will be made as required. This review will not lead to a reduction in
this payment.
Where the agreed number of employees in a defined work team
has each worked more than their relevant additional work hours in a 13 week
period, then each individual who has exceeded these hours will be paid at the
rate of double time for those hours in excess of the agreed "Safety
Net" hours. The base rate for
their classification will be used for this calculation (refer to Item 3 of
Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates -
Restructured Classifications).
47.3 Public Holidays
Falling During Annual Leave - The additional payment of the annualised salary
includes payment for all public holidays falling during periods of annual
leave.
47.4 Sick Leave -
Employees are expected to attend work regularly. Discretionary sick leave provides an insurance that an employee
who is unable to attend work because of a genuine illness will continue to
receive their salary as per Item 3 of Table 4 - Annualised Salary Rates of Pay
of Part C - Monetary Rates - Restructured Classifications. Employees may be required to provide a
medical certificate or other evidence where the absence is more than two days
or more than a total of five single days in any year or where a marked pattern
of absences is developing.
In instances where an individual continually abuses the
sick leave provisions, the team and management jointly have the discretion to
withhold payment for the absence.
Requirements for extended periods of sick leave will be
considered jointly by the team and/or management, taking into account the
circumstances and nature of the illness or injury and the history of work
performance and attendance.
47.5 Special Leave -
It is expected that, as part of the team based work arrangements, the
additional work hours will cover special leave absences and that absences will
be minimised.
Leave will also be granted for the employee to attend
for jury service and no adjustment will be made to the employee's salary for
the first three days of jury service.
Thereafter, any amounts paid for jury service will be deducted from the
employee's salary.
47.6 Appeal Process
- The team will be self managed on issues such as attendance, discipline and
work performance.
From time to time, problems may come up with
individuals and/or a team that require special assistance. Therefore, a process needs to be in place to
provide this assistance. In the event
of a problem or issue, the following steps will be followed:
Step 1 - Team to discuss and resolve.
Step 2 - Team and Supervisor to discuss and resolve.
Step 3 - Team and Superintendent and Union to discuss
and resolve.
Step 4 - Other support forums as necessary.
47.7 Annualised
Salaries - General - All employees working as part of a team at Packaging
Products - Temper Mills under the classifications listed in Item 3 of Table 4 -
Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured
Classifications, will be paid an annualised salary.
The annualised salary will:
provide a stable income, with a standard pay on a
fortnightly basis for the individual;
reduce inefficiencies by building in payment for a set
number of additional hours; and
support the team concept.
The annualised salary is made up of four components:
Base Rate - Payment includes the award wage and
overaward (bonus) payments.
Additional Payments - Payment for all public holidays
(worked and rostered) and annual leave loading (where applicable).
Shift Work Payments and Penalties - Payment for all
disabilities and disturbances associated with shift work and the working of
regular rostered shifts on weekends.
Additional Work Hours - Payment for work undertaken as
required outside ordinary shift or day hours.
The calculation of this annualised salary is contained
in Item 3 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary
Rates - Restructured Classifications.
47.8 Annualised
Salaries - Rates - Shift crew operators will be paid annualised rates of pay
(salaries) in accordance with Item 3 of Table 4 - Annualised Salary Rates of
Pay of Part C - Monetary Rates - Restructured Classifications.
48. Raw Materials Handling Work Redesign Agreement
48.1 Application -
48.1.1 This agreement
applies to all employees of BlueScopeSteel (AIS) Pty Ltd employed in the Raw
Materials Handling section in the Ore Preparation Department under the
classifications contained in Item 4 of Table 4 - Annualised Salary Rates of Pay
of Part C - Monetary Rates - Restructured Classifications.
48.1.2 The parties
agree that this agreement will have no application to and will in no way create
a claim for flow on of salaries and conditions provided for in this agreement
to employees in the Company or any other department or division unless by
agreement.
48.2 Team Principles
- The following principles have been agreed to provide a shared framework for
the successful operation of each team.
Their application will complement the direction and values of Raw
Materials Handling. These principles
will be applied progressively as the teams develop and mature:
Individual team goals including key performance
indicators will be jointly agreed between the teams and management. These team goals will reflect the Raw
Materials Handling mission and goals.
Once agreed, the teams will be responsible and
accountable for achieving the goals.
Teams will have sufficient authority and independence
to manage their own work. The level of
this will be negotiated with management on an ongoing basis and will reflect
the stage of maturity of the individual teams.
Team members are to be trained in and will apply a
range of operational, technical, interpersonal and decision making skills to
enable the work of the team to be completed.
The division of team tasks, how the sub-tasks are
assigned to team members and how they are co-ordinated in detail is a team
decision.
The members will assume responsibility for the team for
the sub-tasks they undertake.
Non-routine aspects of the work are to be carried out
using creative problem solving methods.
Teams will have access to timely and constructive
feedback on their performance in relation to the agreed goals.
Teams will be responsible for managing the individual
performance of members of the team.
Teams will have clean, simple lines of communication
with customers, suppliers, management and other teams.
Straightforward arrangements with other departments
providing services which support the teams will be put in place.
The RMH workforce environment is to be characterised by
open communications, consultation and appropriate levels of delegation.
The formal and informal reward and recognition systems
will support co-operative relationships rather than encouraging competition and
conflict.
Teams will consider the impact of their actions on
customers, suppliers, management and other teams.
48.3 Team
Structure - The structure of the shift team is as follows:
One Shift Manager.
One Process Controller.
Nine Operators (including one annual leave relief) from
1 August 1998 to 1 September 1999.
From 1 September 1999 or from a date determined by the Review (see
clause46.4, Team Principles), there will be eight operators (including one
annual leave relief) unless it is proven and agreed in the Review to be cost
effective otherwise.
Procedures will ensure maintenance of this team
structure and will involve having trained employees available promptly to fill
vacancies caused by resignations, absences due to work injuries and in some
cases long term absences.
48.4 Hours of Work -
The 12 hour 7 day continuous shift roster to be implemented as part of the team
work system have been agreed by the parties.
This includes provision for a five shift arrangement.
The standard hours of work shall be an average of 38
hours per week.
The shift system being worked may be varied after
consultation to suit the circumstances of the operation.
Under normal operational requirements, a maximum of 4 x
12 hour shifts over four consecutive days may be worked.
Under normal operational requirements, a maximum of
four additional hours may be worked immediately following a 12 hour ordinary
shift.
Where 12 hour shifts are worked, two meal breaks will
be taken. The team will determine the
timing of such breaks, having regard to work requirements.
The team will be responsible for ensuring that relief
at the change of every shift occurs with no disruption to operations.
All employees will be required to work additional hours
to cover absences and meet operational requirements. It is the defined work team's responsibility to establish a fair
system to ensure that all such events are defined and covered. These arrangements ensure that a full labour
complement is available at the commencement of every shift. Records will be kept on all hours worked and
a review of the additional work hours payment will be made as required. This review will not lead to a reduction in
this payment.
In the event of a catastrophe, employees will be
entitled to an additional payment provided it is within the following
guidelines:
Where 80 per cent of employees in a defined work team
have each worked more than 78 additional work hours in a 13 week period, then
each individual who has exceeded these hours will be paid at the rate of double
time for those hours in excess of the 78 hours. The base rate for their classification will be used for this
calculation (refer Item 4 of Table 4 - Annualised Salary Rates of Pay of Part C
- Monetary Rates - Restructured Classifications.
48.5 Public Holidays
Falling During Annual Leave - The additional payment component of the
annualised salary includes payment for all public holidays falling during
periods of annual leave.
48.6 Sick Leave -
Employees are expected to attend work regularly. Discretionary sick leave provides an insurance that an employee
who is unable to attend work because of a genuine illness will continue to
receive their salary as per Item 4 of Table 4 - Annualised Salary Rates of Pay
of Part C - Monetary Rates - Restructured Classifications. Employees may be required to provide a
medical certificate or other evidence where the absence is more than two days
or more than a total of five single days in any year or where a marked pattern
of absences is developing.
In instances where an individual continually abuses the
sick leave provisions the team and management jointly have the discretion to
withhold payment for the absence.
Requirements for extended periods of sick leave will be
considered jointly by the team and/or management, taking into account:
the circumstances and nature of the illness or injury;
and
the history of work performance and attendance.
48.7 Special Leave -
It is expected that as part of the team based work arrangements the additional
work hours will cover most absences and that absences will be minimised.
Leave will be granted for the employee to attend jury
service and no adjustment will be made to the employee's salary for the first
three days of jury service. Thereafter
any amounts paid for jury service will be deducted from the employee's salary.
48.8 Annualised
Salaries - General - All employees working as part of the shift teams at Raw
Materials Handling under the classifications listed in Item 4 of Table 4 -
Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured
Classifications, will be paid an annualised salary.
The annualised salary will:
provide a stable income, with a standard pay on a
fortnightly basis for the individual;
reduce inefficiencies by building in payment for a set
number of additional hours; and
support the team concept.
The annualised salary is made up of four components:
Base Rate - Payment includes the award wage and
overaward (bonus) payments.
Additional Payments - Payment for all public holidays
(worked and rostered).
Shift Work Payments and Penalties - Payments for all
disabilities and disturbances associated with shift work and the working of
regular rostered shifts on weekends.
Additional Work Hours - Payment for work undertaken as
required outside ordinary shift or day hours.
The calculation of this annualised salary is contained
in Item 4 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary
Rates - Restructured Classifications.
48.9 Annualised Salaries
- Rates - Employees will be paid salaries in accordance with Item 4 of Table 4
- Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured
Classifications. All salaries will be
paid fortnightly by electronic funds transfer directly into an account
nominated by the employee with a bank, building society, credit union or other
financial institution recognised by the Company.
48.10 Training -
Progression through the classification structure below will be through
completion of competency based training and application of the acquired skills
and knowledge. Effective and timely
training of all individuals in these skills is recognised as an important
priority in the new teamwork system.
The five shift system supports a commitment to learning and development
by providing development time during each roster cycle to complement on-the-job
training.
Classification
|
Training Requirements
|
Entry Level
|
Induction
|
Raw Materials Process Operator 1
|
Work Practices 1
|
|
Raw Materials Handling Skills 1
|
|
Team Skills 1
|
Raw Materials Process Operator 2
|
Work Practices 2
|
|
Raw Materials Handling Skills 2
|
|
Process Reliability 2
|
|
Team Skills 2
|
Raw Materials Process Operator 3
|
Work Practices 3
|
|
Raw Materials Handling Skills 3
|
|
Process Reliability 3
|
|
Team Skills 3
|
Raw Materials Process Operator 4
|
Work Practices 4
|
|
Raw Materials Handling Skills 4
|
|
Process Reliability 4
|
|
Team Skills 4
|
48.11 Grievance
Procedure - The team will be self managed on issues such as:
Attendance
Discipline
Work performance
From time to time problems may come up with individuals
and/or a team that require special assistance.
Therefore a process needs to be in place to provide this
assistance. In the event of a problem
or issue the following steps will be followed:
Step 1 - Team to discuss and resolve.
Step 2 - Team and Shift Manager to discuss and resolve.
Step 3 - Team and Superintendent to discuss and
resolve.
Step 4 - Team, Superintendent and Human Resources
Officer to discuss and resolve.
Step 5 - Team Superintendent, Human Resources Officer
and Union Official to discuss and resolve to discuss and resolve.
If issue remains unresolved the parties may then
either:
(a) Refer matter
to senior Company management and senior union officials;
(b) Refer matter
to an impartial mediator agreed by both parties; or
(c) Refer matter
to the Industrial Relations Commission of New South Wales.
PART C
MONETARY RATES -
RESTRUCTURED CLASSIFICATIONS
Table 1 -
Restructured Ironworkers Rates of Pay
Description
|
Rate of pay
|
|
per 38-hour week
from the first pay period on or
|
|
after 18th March
2005 (i.e. 20th March 2005)
|
|
$
|
1. Cokemaking Department
|
|
Coke Ovens - Batteries
|
|
Battery Entry Level Ironworker
|
535.40
|
Battery Operator 1
|
563.50
|
Battery Operator 2
|
593.70
|
Battery Operator 3
|
640.10
|
Battery Operator 4
|
676.70
|
Battery Operator 5
|
736.00
|
Coal Preparation - Coal Washery
|
|
Coal Washery Operator 1
|
535.40
|
Coal Washery Operator 2
|
609.30
|
Coal Washery Operator 3
|
640.10
|
Coal Washery Operator 4
|
676.70
|
Coal Preparation - Coal Handling
|
|
Coal Handling Operator 1
|
535.40
|
Coal Handling Operator 2
|
593.70
|
Coal Handling Operator 3
|
625.20
|
Coal Handling Operator 4
|
655.40
|
Gas Processing
|
|
GP Entry Level Ironworker
|
535.40
|
GP Intermediate Operator
|
593.70
|
GP Sulphate Operator
|
593.70
|
GP Operator 1
|
625.20
|
GP Operator 2
|
655.40
|
GP Operator 3
|
676.70
|
GP Operator 4
|
717.40
|
Collector Main Operations
|
|
Collector Main Operator
|
640.10
|
Cokemaking Utilities
|
|
Utilities Entry Level Ironworker
|
535.40
|
Utilities Operator 1
|
563.50
|
Utilities Operator 2
|
578.60
|
Utilities Operator 3
|
609.30
|
Utilities Operator 4
|
640.10
|
Utilities Operator 5
|
676.70
|
2. Ore Preparation Department
|
|
Raw Materials Handling
|
|
RM Entry Level Ironworker
|
535.40
|
RM Operator 1
|
609.30
|
RM Operator 2
|
625.20
|
RM Operator 3
|
698.70
|
3. Blast Furnaces Department
|
|
Operator Entry Level
|
535.40
|
Operator Base Level 1
|
593.70
|
Operator Base Level 2
|
640.10
|
Operator Level 1
|
676.70
|
Operator Level 2
|
698.70
|
Operator Level 3
|
736.00
|
Operator Level 4
|
765.00
|
4. Energy Services Department
|
|
Utilities Distribution Section
|
|
Distribution Operator 1
|
593.70
|
Distribution Operator 2
|
676.70
|
Distribution Operator 3
|
736.00
|
Energy Generation - No. 1 Power House Section
|
|
No. 1 PH Operator 1
|
563.50
|
No. 1 PH Operator 2
|
625.20
|
No. 1 PH Operator 3
|
640.10
|
No. 1 PH Operator 4
|
676.70
|
No. 1 PH Operator 5
|
736.00
|
No. 1 PH Operator 6
|
765.00
|
5. Refractory Services Department
|
|
Refractory Services
|
|
Refractory Installer - Level 1
|
578.60
|
Refractory Installer - Level 2
|
625.20
|
Refractory Installer - Level 3
|
847.30
|
Refractory Installer - Level 4
|
898.20
|
6. Slabmaking Department
|
|
BOS Plant
|
|
BOS Entry Level Ironworker
|
535.40
|
BOS Service Operator
|
563.50
|
BOS Materials Attendant
|
609.30
|
BOS Operator 1
|
609.30
|
BOS Operator 2
|
655.40
|
BOS Operator 3
|
676.70
|
BOS Operator 4
|
698.70
|
BOS Operator 5
|
717.40
|
BOS - Raw Materials Alloy Preparation
|
|
BOS Entry Level Ironworker
|
535.40
|
Materials Handler 1
|
593.70
|
Materials Handler 2
|
609.30
|
Slab Caster
|
|
Slab Caster Operator 1
|
535.40
|
Slab Caster Operator 1A
|
578.60
|
Slab Caster Learner Operator
|
609.30
|
Slab Caster Operator 2
|
655.40
|
Slab Caster Operator 3
|
698.70
|
Slab Caster Operator 4
|
736.00
|
Slab Caster Operator 5
|
792.60
|
Slab Handling
|
|
Cold Slab Handler 1 (New Starters)
|
655.40
|
Cold Slab Handler 2
|
676.70
|
Cold Slab Handler 2A (Existing Employee)
|
698.70
|
Cold Slab Handler 3
|
717.40
|
Cold Slab Handler 3A (Existing Employee)
|
736.00
|
Senior Slab Handler
|
792.60
|
7. Production Planning
|
|
Product Despatch Warehouse
|
|
Despatch Operator 1
|
563.50
|
Despatch Operator 2
|
625.20
|
Despatch Operator 3
|
676.70
|
Learner Pallet Carrier Operator
|
593.70
|
Pallet Carrier Operator
|
676.70
|
8. Hot Strip Mill
|
|
Hot Strip Mill Operations
|
|
Learner Operator
|
625.20
|
Operator 1
|
698.70
|
Operator 2
|
736.00
|
Operator 3
|
792.60
|
Hot Strip Mill Maintenance
|
|
Learner Analyst
|
563.50
|
Systems Analyst 1
|
609.30
|
Systems Analyst 2
|
676.70
|
Hot Coil Processing and Despatch
|
|
Operator 1
|
578.60
|
Operator 2
|
640.10
|
Operator 3
|
676.70
|
Operator 4
|
717.40
|
Operator 5 (Learner)
|
736.00
|
Operator 5
|
765.00
|
Packaging Products Roll Shop
|
|
Roll Shop Attendant 1
|
554.20
|
Roll Shop Attendant 2
|
609.30
|
Roll Shop Attendant 3
|
625.20
|
Hot Strip Mill Roll Shop
|
|
Roll Shop Attendant 1
|
554.20
|
Roll Shop Attendant 2
|
609.30
|
Roll Shop Attendant 3
|
625.20
|
Roll Shop Attendant 4A
|
655.40
|
Roll Shop Attendant 4B
|
676.70
|
Roll Shop Attendant 5
|
698.70
|
9. Plate Mill Department
|
|
Plate Rolling
|
|
Plate Rolling Operator Level 1
|
593.70
|
Plate Rolling Operator Level 2
|
640.10
|
Plate Rolling Operator Level 3
|
698.70
|
Plate Rolling Operator Level 4
|
736.00
|
Plate Rolling Operator Level 5
|
765.00
|
Plate Rolling Systems Operator
|
609.30
|
Plate Processing
|
|
Learner Operator
|
593.70
|
Plate Processing Operator Level 1
|
625.20
|
Plate Processing Operator Level 2
|
655.40
|
Plate Processing Operator Level 3
|
676.70
|
Plate Processing Operator Level 4
|
698.70
|
Improvement Leader
|
717.40
|
Section Co-ordinator
|
765.00
|
10. Technology Services Department
|
|
Laboratory Services
|
|
General Assistant
|
593.70
|
Learner Operator (RMT)
|
578.60
|
Learner Operator (MO)
|
578.60
|
RM Tester
|
625.20
|
Machine Operator
|
625.20
|
11. Packaging Products Department
|
|
Pickle Line
|
|
PL Operator 1
|
593.70
|
PL Operator 2
|
625.20
|
PL Operator 3A
|
655.40
|
PL Operator 3B
|
655.40
|
PL Operator 4
|
698.70
|
Cold Mill
|
|
CM Operator 1
|
609.30
|
CM Operator 2
|
655.40
|
CM Operator 3
|
717.40
|
CM Operator 4
|
765.00
|
Temper Mill
|
|
TM Operator 1
|
609.30
|
TM Operator 2
|
655.40
|
TM Operator 3
|
717.40
|
TM Operator 4
|
765.00
|
Cleaning Line
|
|
CL Operator 1
|
578.60
|
CL Operator 2
|
625.20
|
CL Operator 3
|
655.40
|
Batch Annealing
|
|
BA Operator 1
|
578.60
|
BA Operator 2
|
640.10
|
Continuous Annealing Line
|
|
CA Operator 1
|
609.30
|
CA Operator 2
|
655.40
|
CA Operator 3
|
698.70
|
Electrolytic Tinning Lines
|
|
ET Line Operator 1
|
593.70
|
ET Line Operator 2
|
655.40
|
ET Line Operator 3P
|
698.70
|
ET Line Operator 3S
|
698.70
|
ET Line Operator 4
|
736.00
|
Coil Preparation Line
|
|
Operator 1
|
609.30
|
Operator 2
|
655.40
|
Operator 3
|
698.70
|
Shearlines
|
|
SH Operator 1
|
593.70
|
SH Operator 2
|
625.20
|
SH Operator 3
|
655.40
|
SH Operator 4
|
676.70
|
SH Operator 5
|
736.00
|
Littell Operator 4
|
698.70
|
Warehouse
|
|
WH Operator 1
|
563.50
|
WH Operator 2A
|
593.70
|
WH Operator 2B
|
593.70
|
WH Operator 3
|
625.20
|
WH Operator 4
|
676.70
|
Miscellaneous
|
|
PP Learner Operator
|
563.50
|
Packaging Products Crane Operators
|
|
Crane Operator 1
|
593.70
|
Crane Operator 2
|
625.20
|
Crane Operator 3
|
655.40
|
Crane Operator 4
|
698.70
|
12. Supply Operations
|
|
Warehousing and Distribution Department
|
|
Warehousing and Distribution - Entry Level
|
563.50
|
Warehousing and Distribution - Operator 1
|
593.70
|
Warehousing and Distribution - Operator 2
|
625.20
|
Warehousing and Distribution - Operator 3
|
655.40
|
13. Maintenance
|
|
Maintenance Ironworkers
|
|
Maintenance Ironworker - Level 1
|
563.50
|
Maintenance Ironworker - Level 2A
|
578.60
|
Maintenance Ironworker - Level 2
|
609.30
|
Maintenance Ironworker - Level 3
|
640.10
|
14. Rail Transport
|
|
Shunter
|
698.70
|
Driver
|
736.00
|
Trainer
|
792.60
|
Table 2 - Graded
Trades Rates Of Pay
Description
|
Rate of pay
|
|
per 38-hour week
from the first pay period on or
|
|
after 18th March
2005 (i.e. 20th March 2005)
|
|
$
|
1. Electrical Trades (inclusive of a tool allowance
|
|
of $11.80 per 38- hour week)
|
|
Electrical Tradesperson (E) Base Level
|
699.30
|
Electrical Tradesperson (E) Level 1
|
723.90
|
Electrical Tradesperson (E) Level 2
|
753.90
|
Electrical Tradesperson (E) Level 3
|
783.50
|
Electrical Tradesperson (E) Level 4
|
815.70
|
Electrical Tradesperson (E) Level 5
|
834.80
|
Electrical Tradesperson (E) Level 6
|
881.90
|
2. Mechanical Trades (inclusive of a tool allowance)
|
|
of $11.80 per 38- hour week
|
|
Graded Tradesperson (M) Base Level
|
681.70
|
Graded Tradesperson (M) Level 1
|
705.30
|
Graded Tradesperson (M) Level 2
|
734.10
|
Graded Tradesperson (M) Level 3
|
762.90
|
Graded Tradesperson (M) Level 4
|
794.10
|
Graded Tradesperson (M) Level 5
|
812.20
|
Graded Tradesperson (M) Level 6
|
857.30
|
3. Refractory Installation Bricklayers
|
|
Refractory Installation Bricklayer - Base Level
|
708.20
|
Refractory Installation Bricklayer - Level 1
|
721.30
|
Refractory Installation Bricklayer - Level 2
|
752.60
|
Refractory Installation Bricklayer - Level 3
|
768.20
|
Refractory Installation Bricklayer - Level 4
|
791.50
|
Table 3 -
Apprentices
|
Rate of Pay and tool
allowance per 38-hour week from the
|
|
first pay period
commencing on or after 18 March 2005
|
|
$
|
1. Four Year Term
|
Rate of Pay
|
Tool Allowance
|
Apprentice 1st Year
|
279.85
|
5.05
|
Apprentice 2nd Year
|
361.20
|
6.50
|
Apprentice 3rd Year
|
480.80
|
8.75
|
Apprentice 4th Year
|
551.25
|
10.15
|
2. Three Year Term
|
Rate of Pay
|
Tool Allowance
|
Apprentice 1st Year
|
320.55
|
5.80
|
Apprentice 2nd Year
|
480.80
|
8.75
|
Apprentice 3rd Year
|
551.25
|
10.15
|
Table 4 -
Annualised Salary Rates Of Pay
Item 1. No. 2 Blower Station
|
Rates of Pay Shift Crew Operators (Annualised) - From the
first pay period commencing on or after 18
|
March 2005.
|
Level
|
Base Weekly Rate
from first pay
|
Total Annual Rate
from first pay
|
|
period to commence
on or after
|
period to commence
on or after
|
|
18 March 2005
|
18 March 2005
|
|
$
|
$
|
Shift Crew Operator 2
|
876.20
|
74,399.60
|
Shift Crew Operator 3
|
928.80
|
78,638.00
|
Shift Crew Operator 4
|
947.40
|
80,136.80
|
Shift Crew Operator 5
|
976.40
|
82,473.50
|
Relief Crew Operator 2
|
876.20
|
62,407.70
|
Relief Crew Operator 3
|
928.80
|
65,939.40
|
Relief Crew Operator 4
|
947.40
|
67,188.30
|
Relief Crew Operator 5
|
976.40
|
69,135.40
|
Day Crew Operator 1
|
909.10
|
49,683.60
|
Day Crew Operator 2
|
869.80
|
47,535.80
|
Day Crew Operator 3
|
843.30
|
46,087.50
|
Day Crew Operator 4
|
802.80
|
43,874.10
|
Day Crew Operator 5
|
740.30
|
38,495.60
|
Item 2 Blast Furnaces
|
|
|
Blast Furnace Operators
|
|
|
Level
|
Base Weekly Rate
from first pay
|
Total Annual Rate
from first pay
|
|
period to commence
on or after
|
period to commence
on or after
|
|
18 March 2005
|
18 March 2005
|
|
$
|
$
|
Entry Level
|
671.60
|
59,791.00
|
Base Level 1
|
765.70
|
67,614.60
|
Base Level 2
|
824.30
|
72,491.80
|
Level 1
|
876.20
|
76,811.40
|
Level 2
|
898.20
|
78,642.40
|
Level 3
|
947.40
|
82,737.30
|
Level 4
|
976.40
|
85,150.90
|
Blast Furnace Mechanical Tradespersons
|
Level
|
Base Weekly Rate
from first pay
|
Total Annual Rate
from first pay
|
|
period to commence
on or after
|
period to commence
on or after
|
|
18 March 2005
|
18 March 2005
|
|
$
|
$
|
Base
|
873.10
|
77 359.90
|
Level 1
|
904.80
|
79 998.30
|
Level 2
|
933.60
|
82 395.30
|
Level 3
|
974.30
|
85 782.70
|
Level 4
|
1 005.50
|
88 379.40
|
Level 5
|
1 023.60
|
89 885.90
|
Level 6
|
1 068.70
|
93 639.60
|
Blast Furnace Electrical Tradespersons
|
Level
|
Base Weekly Rate
from first pay
|
Total Annual Rate
from first pay
|
|
period to commence
on or after
|
period to commence
on or after
|
|
18 March 2005
|
18 March 2005
|
|
$
|
$
|
Base
|
919.20
|
81,270.80
|
Level 1
|
951.80
|
83,984.00
|
Level 2
|
981.80
|
86,480.80
|
Level 3
|
1023.30
|
89,934.80
|
Level 4
|
1055.50
|
92,614.80
|
Level 5
|
1 046.20
|
91,840.90
|
Level 6
|
1 093.30
|
95,761.00
|
Item 3 - Temper Mills
|
Level
|
Base Weekly Rate
from first pay
|
Total Annual Rate
from first pay
|
|
period to commence
on or after
|
period to commence
on or after
|
|
18 March 2005
|
18 March 2005
|
|
$
|
$
|
Entry Level Operator
|
725.20
|
62,232.40
|
Team Operator
|
1,004.00
|
84,697.50
|
Item 4 - Raw Materials Handling
|
Level
|
Base Weekly Rate
from
|
Total Annual Rate
from first pay
|
|
first pay period to
commence on
|
period to commence
on or after
|
|
or after 18 March
2005
|
18 March2005
|
|
$
|
$
|
Entry Level
|
671.20
|
58 713.10
|
RM Process Operator Level 1
|
765.70
|
66 392.90
|
RM Process Operator Level 2
|
824.30
|
71,180.60
|
RM Process Operator Level 3
|
928.80
|
79,718.20
|
RM Process Operator Level 4
|
947.40
|
81,237.90
|
|
|
|
|
Table 5 -
Unanderra Coil Processing
Metpol
|
Base Weekly Rate
from first pay period
|
|
commencing on or
after 18th March 2005
|
|
$
|
Metpol Operator Grade 1
|
706.70
|
Metpol Operator Grade 2
|
731.20
|
Metpol Operator Grade 3
|
750.70
|
Metpol Operator Grade 4
|
803.50
|
Metpol Operator Grade 5
|
831.50
|
Metpol Operator Grade 6
|
862.20
|
Metpol Operator Grade 7
|
896.30
|
Metpol Operator Grade 8
|
929.90
|
Metpol Operator Grade 9
|
940.10
|
Metpol Operator Grade 10
|
965.70
|
Metpol Operator Grade 11
|
997.10
|
Metpol Operator Grade 12
|
1,042.90
|
Metpol Mechanical Tradesperson
|
1,028.70
|
Table 6 - Port
Kembla Transport Facility
|
Base Weekly Rate
from first pay period
|
CRM Road &
Transport Facility
|
commencing on or
after 18th March 2005
|
|
$
|
General Transport Operator
|
657.10
|
Transport Operator - Grade 2
|
678.40
|
Training Transport Operator
|
576.40
|
Table 7 - Other
Rates And Allowances
Special Rates to be effective from the first pay period
commencing on or after 18th March 2005
|
Item
|
Clause
|
Brief Description
|
$
|
No
|
No
|
|
|
|
8
|
Special Rates
|
|
1
|
8.1.1
|
Large Power Houses - Employees employed in large power
houses
|
|
|
|
(developing more than 8,000 kilowatts) - Per 38 Hour Week
|
|
|
|
Mechanical and Electrical Tradespersons
|
22.70
|
|
|
1st and 2nd Year electrical and mechanical
apprentices
|
4.55
|
|
|
Maintenance non-trades employees assisting mechanical or
|
11.35
|
|
|
electrical tradespersons
|
|
2
|
8.1.2
|
Ship Repairing - Per 38 Hour Week
|
|
|
|
Mechanical and Electrical tradespersons
|
11.10
|
|
|
Other employees
|
9.00
|
3
|
8.1.3
|
Electrical Trades Licence
|
|
|
|
Qualified Supervisor's Certificate (Electrician) Allowance
|
28.40
|
|
|
Certificate of Registration (Electrician) Allowance
|
15.30
|
4
|
8.1.4
|
Scaffolder's Licence - Per 38 Hour Week Certificate of
Competency
|
|
|
|
as a Scaffolder:
|
|
|
|
Class 1 or 2
|
7.70
|
|
|
Class 3 or 4
|
4.40
|
|
9
|
General Disability Rates Hot Places - Per Hour
|
|
5
|
9.1.1
|
Electrical/Mechanical Tradespersons/maintenance
non-trades:
|
|
|
|
employees
|
|
|
|
Temperature raised artificially to between 46 and 54
degree Celsius
|
0.42
|
|
|
Temperature exceeds 54 degrees Celsius
|
0.52
|
6
|
9.1.2
|
Hot Work - Per Hour
|
|
|
|
Temperatures raised by artificial means to above 49
degrees
|
0.41
|
7
|
9.1.3
|
Wet Work - Per Hour
|
|
|
|
Mechanical tradespersons and maintenance non-trades
employees
|
0.41
|
8
|
9.1.4
|
Dirty Work - Per Hour
|
|
|
|
Mechanical and electrical tradespersons and maintenance
non-
|
0.42
|
|
|
trades employees engaged in work other than ship repair
work
|
|
|
|
Dirty Ship Repair Work
|
0.52
|
9
|
9.1.5
|
Restrictive Spaces - Per Hour
|
|
|
|
Mechanical and electrical tradespersons and maintenance
non-
|
0.52
|
|
|
trades employees
|
|
10
|
9.1.6
|
High Places - Per Hour
|
|
|
|
Electrical and Mechanical tradespersons and maintenance
non-
|
0.30
|
|
|
trades other than riggers and splicers
|
|
11
|
9.1.7
|
Oil Tanks - Per Hour
|
|
|
|
Mechanical tradespersons and maintenance non-trades
employees
|
0.42
|
12
|
9.1.8
|
Explosive Powered Tools - Per Hour
|
|
|
|
All Employees
|
0.15
|
|
|
Minimum payment
|
1.14
|
13
|
9.1.9
|
Slag Wool - Per Hour
|
0.52
|
|
9.3
|
Electrical Tradespersons -
|
|
|
9.3.1
|
Toxic Substances - Per Hour
|
|
14
|
9.2.1(c)
|
Quantities of 0.5 kg or over
|
0.52
|
15
|
9.2.1(d)
|
Working in close proximity to
|
0.46
|
|
|
Bricklayers and Labourers -
|
|
16
|
9.3.1
|
Brick lining stacks etc: - Per Hour
|
|
|
|
At a height of 15 but not more than 30 metres
|
0.15
|
|
|
For each further 15 metres increase above 30 metres
|
0.15
|
17
|
9.3.2
|
Boiler Chambers
|
0.32
|
18
|
9.3.3
|
Clothing allowance when working inside stacks and flues
etc -
|
1.21
|
|
|
Per Shift or part therefore
|
|
|
|
Other Employees -
|
|
|
|
Applying obnoxious substances - Per Hour
|
|
19
|
9.4.1
|
Preparation and/or application of epoxy based materials or
like
|
0.52
|
|
|
substances
|
|
20
|
9.4.1(b)
|
Applying such epoxy-based substances when the air
conditioning
|
0.32
|
|
|
plant is not operating
|
|
21
|
9.4.1(d)
|
Working in close proximity to employees so engaged
|
0.48
|
22
|
9.4.2
|
Spray Painting - Per Hour
|
|
|
|
Tradesperson and Brush Hand painters spray painting in a
booth
|
0.41
|
|
|
not approved by Government Authority
|
|
|
15
|
Shift Work Allowances for Shift Workers
|
|
23
|
15.1.1
|
Shift Workers whilst working rotating shift - Per 38 Hour
Week
|
64.60
|
24
|
15.1.1(a)
|
When at least one-third of working time in the full cycle
of the
|
43.10
|
|
|
roster is not on day shift - Per 38 Hour Week
|
|
25
|
15.1.2
|
Rotating Shift Worker when engaged under a roster system
which
|
|
|
|
does not provide for at least one-third of working time in
the full cycle
|
|
|
|
of the roster on day shift
|
|
|
|
(a) Day shift, night shift (per 38 hour week)
|
64.60
|
|
|
(b) Day shift, afternoon shift (per 38 hour week)
|
55.00
|
|
|
(c) Day shift, day shift, afternoon shift (per 38 hour
week)
|
55.00
|
|
|
(d) Day shift, day shift, night shift (per 38 hour week)
|
55.00
|
26
|
15.1.3
|
Shift Workers working
shift work on shift systems as follows:
|
|
|
|
(a) Night shift, afternoon shift (per 38 hour week)
|
85.90
|
|
|
(b) Night shift only (per 38 hour week)
|
85.90
|
|
|
(c) Afternoon shift only (per 38 hour week)
|
85.90
|
27
|
15.1.4
|
Shift Workers who work any afternoon shift or night shift other
than
|
25.90
|
|
|
under 15.1.1, 15.1.2 and 15.1.3 above and not paid in
respect of any
|
|
|
|
day shift worked - Per Shift
|
|
28
|
22.3.4
|
Overtime, meal allowance - Per Meal
|
9.40
|
|
22.3.5(b)
|
|
|
|
22.3.6
|
|
|
PART D
APPENDIX -
UNRESTRUCTURED CLASSIFICATIONS
A. Application
The clauses contained in this appendix apply only to
those classifications listed in clause E, Rates of Pay - Unrestructured Classifications,
of this appendix.
B. Leading Hands
Employees appointed by the Company as leading hands
will be paid additional amounts as set out below.
Leading Hands
|
Rate of pay Per
38-hour
|
|
week. The first pay
period
|
|
commencing on or
after
|
|
18/3/2005
|
|
$
|
Production Leading Hands
|
|
If in charge of not more than five employees
|
21.10
|
If in charge of more than five but not more than fifteen
employees
|
31.80
|
If in charge of more than fifteen
|
44.60
|
Maintenance Leading Hands
|
|
If in charge of not less than three and not more than ten
employees
|
29.10
|
If in charge of more than ten and not more than twenty
employees
|
43.80
|
If in charge of more than twenty employees
|
55.90
|
C. Mixed
Functions
Unless otherwise specified, the following will apply:
C.1 Employees, who
are required to do work carrying a higher rate than his or her ordinary
classification for 2 hours or more on any day or shift, will be paid at the
higher rate for the whole of the day or shift.
C.2 Subject to C.1
of this clause, an employee, who on any day or shift is required to do work of
a higher paid classification for at least 1 hour, will be paid the rate
prescribed for such work whilst so engaged.
C.3 Employees
required to do work carrying a lower rate than his or her ordinary
classification will be entitled to payment at the rate of his or her ordinary
classification except:
C.3.1 Where, because
of a strike by fellow employees in the establishment in which this person is
employed, work in his or her ordinary classification is not available and where
the period spent on the work carrying the lower rate is at least 1 hour; and
C.3.2 In respect of
work on overtime, where the period spent on the work carrying the lower rate is
at least 1 hour.
C.3.3 This
specifically excludes employees working in restructured departments within a
graded ironworker structure.
D. Tool Allowance
Tradespersons - A tradesperson will be paid an allowance
as set out below per 38-hour week for supplying and maintaining tools
ordinarily required in the performance of his or her work as a
tradesperson. The allowance will apply
for all purposes of the award.
Tool Allowance
|
$
|
Mechanical Tradesperson
|
11.80
|
Electrical Tradesperson
|
11.80
|
Bricklayer
|
14.80
|
E. Rates Of Pay -
Unrestructured Classifications
Description
|
Rate of pay
|
|
Per 38-hour week
|
|
from the 1st pay
|
|
period on or after
|
|
18/3/2005
|
|
$
|
Coke Ovens Department
|
|
|
By-Products
|
|
|
Operator 1
|
625.20
|
|
Operator 2
|
655.40
|
|
Operator 3
|
676.70
|
|
Operator 4
|
717.40
|
|
Miscellaneous
|
|
|
Cooler attendant
|
554.60
|
|
Greaser
|
582.20
|
|
Road suction sweeper operator
|
565.80
|
|
Refractory sprayer
|
547.50
|
|
Refractory sprayer (dry)
|
633.20
|
Blast Furnace Department
|
|
|
Miscellaneous
|
|
|
Founder
|
665.20
|
|
Forklift Driver
|
589.60
|
|
Greaser
|
547.50
|
|
Labourer
|
535.40
|
Sinter Plant Department
|
|
|
Ore Handling
|
|
|
Raw Materials Yard Attendant
|
554.60
|
|
Chaser 1st Grade
|
618.70
|
|
Sinter Station
|
|
|
Sinter Station Attendant
|
576.70
|
|
Sinter Plant Operator - Level 1
|
605.80
|
|
Sinter Plant Operator - Level 2
|
629.50
|
|
Sinter Plant Operator - Level 3
|
725.10
|
|
Miscellaneous
|
|
|
Front End Loader Driver
|
597.10
|
|
Mechanical Sweeper Operator
|
554.60
|
|
Greaser
|
565.80
|
|
Forklift Driver
|
582.20
|
|
Bobcat Operator
|
589.60
|
|
Labourer
|
535.40
|
Power Department
|
|
|
No. 1 Power House
|
|
|
Control room operator
|
722.20
|
|
Crane driver
|
593.70
|
|
Crane driver - when installing and removing
|
597.10
|
|
Boiler cleaner
|
539.60
|
|
Operator 1
|
672.90
|
|
Operator 2
|
655.40
|
|
Operator 3
|
632.70
|
|
Operator 4
|
621.00
|
|
Operator 5
|
571.40
|
|
Operator 6
|
559.00
|
|
|
|
|
|
No. 2 Blower Station
|
|
|
Operator - 1
|
709.30
|
|
Operator - 2
|
688.30
|
|
Operator - 3
|
661.10
|
|
Operator - 4
|
633.20
|
|
Operator - 5
|
582.20
|
|
Operator - 6
|
571.40
|
|
Water treatment plant attendant
|
576.70
|
|
Crane driver
|
593.70
|
|
Crane driver - when installing and removing turbine rotors
|
597.10
|
|
Oil attendant
|
576.70
|
|
Outside Services
|
|
|
Services Operator 1
|
633.20
|
|
Services Operator 2
|
618.70
|
|
Services Operator 3
|
593.70
|
|
Services Operator 1 in Training
|
625.20
|
|
Miscellaneous
|
|
|
Forklift driver
|
582.20
|
|
Labourer
|
535.40
|
|
Leading Power House Attendant
|
705.50
|
|
Machine scarfer operator
|
653.20
|
Steelmaking
|
|
|
Miscellaneous
|
|
|
Front end loader driver
|
589.60
|
|
Fork lift driver
|
589.60
|
BOS Plant
|
|
|
|
Miscellaneous
|
|
|
Pump & water treatment attendant
|
629.50
|
|
Greaser
|
547.50
|
|
Front end loader driver
|
599.50
|
|
Forklift driver
|
582.20
|
|
Mechanical sweeper operator
|
539.60
|
|
Labourer
|
535.40
|
|
Slab Caster Department
|
|
|
Leading slab processing attendant
|
682.00
|
|
Slab processing attendant
|
653.20
|
|
Slab Yard Operations
|
|
|
Slab yard crane driver
|
655.40
|
|
Deseamer (cold steel)
|
576.70
|
|
Deseamer - special class
|
633.20
|
|
Fork lift driver
|
582.20
|
|
Crane chaser
|
547.50
|
|
Brush hand
|
576.70
|
|
Labourer
|
535.40
|
Hot Strip Mill
|
|
|
Strip Mill
|
|
|
Operator 2
|
655.40
|
|
Miscellaneous
|
|
|
Greaser (including crane greaser)
|
547.50
|
|
15 tonne coil storage crane driver
|
585.70
|
|
Machine shop crane driver
|
593.70
|
|
Tally person
|
565.80
|
|
Crane chaser (other)
|
547.50
|
|
Live gear operator
|
539.60
|
|
Labourer
|
535.40
|
|
Chuck change operator
|
593.70
|
|
Hot strip mill shop crane chaser
|
554.60
|
|
Systems Attendant
|
622.00
|
|
Relief person
|
597.10
|
|
Forklift driver
|
582.20
|
|
Brush Hand
|
576.70
|
Plate Mill Department
|
|
|
Plate Mill Operations
|
|
|
Operator 1
|
662.60
|
|
Operator 2
|
625.20
|
|
Operator 3
|
618.70
|
|
Operator 4
|
585.70
|
|
Operator 5
|
559.00
|
|
Operator 6
|
539.60
|
|
Crane driver 1
|
593.70
|
|
Crane driver 2
|
585.70
|
|
Forklift driver
|
589.60
|
|
Water treatment plant attendant
|
554.60
|
|
Relief person (continuous furnace)
|
544.50
|
|
Roller operator
|
712.90
|
|
Plate processing operator grade 5
|
765.00
|
|
Plate processing operator grade 3
|
698.70
|
|
Plate processing operator grade 2
|
655.40
|
|
Plate processing operator grade 1
|
625.20
|
|
Plate mill operator grade 5
|
765.00
|
|
Plate mill operator grade 4
|
736.00
|
|
Plate support operator
|
655.40
|
|
Plate services coordinator
|
625.20
|
|
Learner operator
|
593.70
|
|
Warehouse
|
|
|
Warehouse Despatcher
|
593.70
|
|
Narrow Cold Rolled Products
|
|
|
Operator 1
|
669.70
|
|
Operator 2
|
633.20
|
|
Operator 3
|
565.80
|
|
Miscellaneous
|
|
|
Brush Hand
|
576.70
|
Rail Transport
|
|
|
Locomotive Operations
|
|
|
Locomotive driver
|
681.40
|
|
Locomotive driver - learner
|
635.80
|
|
Shunter - learner
|
589.60
|
|
Shunter
|
635.80
|
|
Guard
|
644.70
|
|
Locomotive cleaner
|
539.60
|
|
Railway points person
|
597.10
|
|
Point greaser
|
550.20
|
|
Fuel person
|
547.50
|
Spares Operations
|
|
|
Despatch store person
|
589.60
|
|
Store person
|
565.80
|
|
Labourer whose work includes painting
|
547.50
|
|
Other labourer
|
539.60
|
|
Spares area attendant - Grade 1
|
629.50
|
|
Spares area attendant - Grade 2
|
618.70
|
|
Steel storage attendant
|
599.50
|
|
Forklift Driver
|
582.20
|
Electrical Shop
|
|
|
Crane driver
|
585.70
|
|
Mobile crane driver
|
593.70
|
|
Pendant crane operator
|
605.80
|
Instrument Shop
|
|
|
Forklift Driver
|
582.20
|
Laboratories
|
|
|
Sampler
|
589.60
|
|
Chemical Laboratory Store person
|
576.70
|
|
Machine operator 1
|
596.60
|
|
Machine operator 2
|
571.40
|
|
Labourer
|
535.40
|
General Store
|
|
|
Store person - Grade 1
|
597.10
|
|
Store person - Grade 2
|
582.20
|
|
Store person - Grade 3
|
576.70
|
|
Store person - Grade 4
|
565.80
|
|
Delivery hand
|
547.50
|
|
Labourer
|
535.40
|
|
Forklift driver
|
589.60
|
|
Brush Hand
|
576.70
|
|
Chaser 1st Grade
|
618.70
|
|
Chaser 2nd Grade
|
589.60
|
Electrical Trades
|
|
The following tradesperson classifications shall only
apply to employees who are classified as such
|
as at 18 May 1987 -
|
|
Electrical lines person
|
676.10
|
|
Electrical trades person (including tool allowance)
|
676.10
|
|
Electrical trades person - grade 1(including tool
allowance)
|
695.20
|
|
Electrical tradesperson - grade 2(including tool
allowance)
|
714.20
|
|
Electrical tradesperson - grade 3(including tool
allowance)
|
748.10
|
|
Electrical tradesperson - grade 4(including tool
allowance)
|
777.40
|
|
Maintenance Tradesperson (Electrical)(including tool
allowance)
|
699.30
|
|
Assistant to Electrical Tradesperson
|
560.00
|
|
Instrument fitter (including tool allowance)
|
714.20
|
|
Instrument tradesperson - grade 1(including tool
allowance)
|
714.20
|
|
Instrument tradesperson - grade 2(including tool
allowance)
|
748.10
|
|
Instrument tradesperson - grade 3(including tool
allowance)
|
777.40
|
|
Electronics tradesperson - grade 2(including tool
allowance)
|
748.10
|
|
Electronics tradesperson - grade 3(including tool
allowance)
|
777.40
|
An additional amount
per week of $28.40 shall be paid to an employee employed and working as an
|
electrical tradesperson
and possessing an Electrician's "A" Grade Licence and an amount per
week of
|
$15.30 for an
Electrician's "B" Grade Licence issued under the Electricity
Development Act 1945 - 1965.
|
Building Trades
|
|
|
Bricklayer (including tool allowance)
|
674.10
|
|
Bricklayer when engaged on refractory work (including tool
|
694.70
|
|
allowance)
|
|
|
Brush hand required to hold scaffolders certificate
|
582.20
|
|
Brush hand (other than labourer next provided for)
|
576.70
|
|
Labourer touching up brickwork and floors and foundations
|
535.40
|
|
of engines and machinery and standards near the ground
|
|
|
Chaser 1st Grade
|
618.70
|
|
Chaser 2nd Grade
|
589.60
|
|
Labourer Assisting Building Trades Tradesperson
|
547.50
|
Miscellaneous
|
|
|
Rope inspector
|
647.40
|
|
Bricklayer's labourer engaged on stacking in a compound
|
547.50
|
|
area or working at brick storage areas
|
|
|
Bricklayer's labourer - Coke Ovens Department
|
618.70
|
|
Bricklayer's labourer (other)
|
593.70
|
|
Gear chaser:
|
|
|
First grade
|
618.70
|
|
Second grade
|
589.60
|
Engineering
|
|
|
Fitter
|
658.40
|
|
Fitter - turbine blade
|
665.00
|
|
Marker off (i.e. a fitter the greater part of whose time
in any
|
668.00
|
|
one weekly pay period is occupied marking off)
|
|
|
Turner
|
658.40
|
|
Inspector
|
690.20
|
|
Boilermaker and/ or structural steel tradesperson
|
658.40
|
|
Marker-off (i.e. a tradesperson the greater part of whose
time
|
668.00
|
|
in any one weekly pay period is occupied in marking off
|
|
|
and/or template making)
|
|
|
Welder - special class (as defined)
|
668.00
|
|
Welder - 1st class (as defined)
|
658.40
|
|
NC Programmer
|
690.20
|
|
CNC Grinder Operator
|
699.10
|
|
CNC Programmer/Operator
|
690.20
|
|
Maintenance Tradesperson (Mechanical/Fabrication)
|
682.10
|
|
|
|
|
|
PART E
SCHEDULES
SCHEDULE 1
RAIL OPERATIONS
ARRANGEMENTS
1. In the event
of any strike or other industrial action by locomotive drivers and shunters
employed by BlueScope Steel (AIS) Pty Ltd (the Company) in its Rail Operations Department
at the Port Kembla Steelworks:
(a) Staff
employees shall be first engaged for the handling of hot metal and slabs, but
such drivers and shunters as are nominated by the Company as being required to
supplement the staff employees for the handling of hot metal and slabs in order
to ensure compliance with clause 37 of this Award must cease and refrain from
engaging in any strike or other industrial action.
(b) Where the
driver or shunter nominated in accordance with subclause 1(a) above becomes unavailable
for work due to any cause other than industrial action (for example, illness),
the Company may nominate replacements.
2. During the
first 8‑hour period of any strike or other industrial action the Company
may require the usual seven locomotives to be operated for the purpose of
handling hot metal and slabs
3. During the
period following the first 8 hours referred to in subclause 2 above the Company
may require up to 5 locomotives to be operated for the purpose of handling hot
metal and slabs.
4. The
Australian Workers' Union, New South Wales and its officials, and employees
must take all reasonable steps to ensure that these orders are complied with by
its delegates and members.
SCHEDULES 2
SLAB YARD
ARRANGEMENTS
1. If the
industrial action is in another Department and the Slab Yard is not involved,
all the Slab Yard employees will work as normal and process slabs that have not
been produced during the industrial action.
These arrangements are the same as in the past where slabs already in the
system and in the yard were processed.
Any slabs produced during the industrial action (from metal that would
previously been dumped) are to be handled as per clause 37.3.6 which states:
Subject to subclauses 37.3.3, 37.3.5 and 37.3.7 all slabs produced during the
course of industrial action shall be stored at locations selected by the
Company and will not be further handled, dispatched or processed until the
actual cessation of the industrial action, provided that the slabs shall be
further handled (but not dispatched or processed) to the extent necessary for
reasons of safety or to enable effect to be given to the objects of this Clause
and the requirements of this subclause 37.3.
Information regarding the identity of these slabs will be made available
to employees and the Union.
2. If any
industrial action affects the Slab Yard, slabs produced during the industrial
action will be received and stored in a manner that ensures no hot metal is
dumped and that slabs are stacked in their final storage destination. To allow this to happen:
(a) Three (3) Slab
Handlers will remain (or be notified to work).
They will receive and store slabs.
(b) The Slab
Handlers that remain to receive slabs will work as a team and will move to the
various locations to store slabs as they are received.
(c) The Slab
Handlers to work on each shift for the duration of the industrial action will
be determined by current overtime allocation rules.
(d) As determined by
the overtime rules, the Slab Handlers must have the required skills to enable
them to receive and store slabs as set out in this Schedule.
(e) The Slab
Handlers may request and with the agreement of the supervisor make some other
arrangements at the time, depending on the circumstances to:
(i) ensure safe
stacking and access to slabs;
(ii) ensure the
crew has a safe and reasonable work load;
(iii) ensure no hot
metal is dumped and slabs are stacked in their correct storage areas.
SCHEDULE 3
PACKAGING PRODUCTS PROCEDURE TO MEET URGENT CUSTOMER NEEDS
This procedure would apply where there is a need to supply
Domestic Customers with urgent stocks during an industrial dispute.
Major domestic customers potentially affected by a stock out
situation include:
Amcor - Melbourne, Brisbane
National Can - Melbourne, Sydney
Visypack - Melbourne, Wodonga
1. Domestic
Customer will notify Customer Custodians of stock situation.
2. So as not to
affect a Customer's normal operations and cause a stock out of any product (as
per the definition in clause 37.4), a list of urgent despatch items already
packed and awaiting despatch will be prepared by the Customer Custodian. The Customer Custodian will assess stock
availability in the Tin Mill and prepare a report for the Manager Packaging
Products Planning & Scheduling (or his/her deputy).
3. The report
will contain details on the following:
name of the Domestic Customer
product and quantity required
destination
when it will be required
4. A copy of the
report will be provided to the relevant Employee Representative and Union
Office.
5. Despatches of
urgent material would occur on D/S only and employees would only be required to
work for the time it takes to maintain delivery of urgent customer orders and
will be paid at the appropriate award rate.
6. Manning
levels during this period will be negotiated on a needs basis for a minimum
skeleton crew, to ensure safe and efficient despatch of urgent material:
if the industrial dispute continues for a period
greater than 24 hours, the workers required will rotate through the crews;
the crew rostered during this period will not be
required to work; and
if required, transport will be arranged for personnel
in call out situation.
7. Maintenance
personnel who service Packaging Products cranes will be required to perform any
necessary work on equipment to allow the despatch of urgent orders. This will include situations where those
employees are on strike themselves. It
is anticipated that any required maintenance personnel would only need to
remain at work upon commencement of industrial action if there is incomplete
maintenance work that must be finished to allow urgent despatch of product.
All other circumstances where trades persons may need
to attend to equipment issues to ensure urgent despatch continues can be dealt
with under Clause 6 of this procedure.
8. Disagreement
Regarding "Urgent Orders" - where a disagreement arises concerning
urgent orders, orders as determined by the Customer Services officer must still
be despatched. Either during the
stoppage or at the conclusion of the industrial disputation and employees have
returned to work, a discussion will be held which will generally involve
Customer Service/Logistics, Operations, Union officials and Employee
Representatives in an effort to resolve the disagreement. If the parties are unable to agree, then the
issue will be referred to the Commission for resolution. If there is a disagreement about what is
urgent during strike action, the despatch of product will continue once the
Commission is involved.
9. Redress if
product is not urgent - if during the process described in point 8 above
it has been demonstrated that the Company knowingly had product despatched that
was not urgent (by definition of clause 37.4.11 of this Award), the unions may
make application to the Commission of an industrial dispute for the removal (in
part or whole) of the Urgent Despatch provisions (sub clause 37.4). The Unions bear the onus of making out a
case for such removal. The Commission's
determination shall be binding on the parties.
SCHEDULE 4
PLATE MILL PROCEDURE TO MEET URGENT CUSTOMER NEEDS
Operation and Intent
This procedure prescribes how clause 37, Regulation of
Disturbances to Production and Supply, and particularly subclause 37.4, Meeting
Urgent Customers Needs of this Award is to be implemented in the Plate Mill.
Procedure to Meet
Urgent Customer Needs
This procedure applies where there is a need to supply
customers with urgent plate product, so as not to affect their normal
operations, during the unlikely event of an industrial dispute.
All disputes and issues should be resolved in accordance
with the dispute setting procedure and without recourse to industrial action
that would adversely impact on those customers.
Procedure to Meet Urgent Customer Needs
1. Advising Industrial Disputation - In the event of industrial action
occurring, employee representatives and/or Union officials will immediately
advise the Plate Processing and Plate Despatch Managers that employees have
voted to go on strike, before employees leave the site.
2. Immediate Despatch Discussions - Before employees leave the site
as a result of industrial action, employee representatives and/or Union
officials will hold a discussion with Company Officers in relation to urgent
orders and/or maintenance work which is deemed necessary to allow urgent
despatch. The discussion will generally
involve:
(a) Plate despatch
and/or plate processing managers;
(b) plate
processing and plate despatch employee representatives;
(c) relevant Union
official (if available);
(d) customer
service officer(s).
The minimum number of employees, to safely and
efficiently complete the urgent despatch work will remain at work until these
discussions are held and items despatched.
It is anticipated that any maintenance personnel would only need to
remain at work during such discussions if there is incomplete maintenance work
that must be finished to allow urgent despatch of the product.
3. Urgent Despatch List - So as not to
affect the customer's normal operations and cause a stock out of any product
(as per the definition in clause 37.4.11 of this Award) the Customer Service
Officers will prepare a list on the shift of the dispute that will show in
addition to the items required of central stock and the items for project work
the other items of general and standard plate requiring urgent despatches.
Those customers requiring items of "Central
Stock" are deemed automatically to be requiring urgent despatch. Project and standard plate items shall be
deemed urgent in the event that the customer is in a stock out position and/or
where the progress of a project is being delayed due to a stock out situation.
The list will contain details on the following:
name of the Customer;
product and quantity required;
destination;
when it will be required to be despatched.
The items as determined by the Customer Services Officer(s)
will be despatched. Where there is
disagreement about urgent items, this will be discussed when employees return
to work (refer to point 8 of this procedure).
The Customer Service list of urgent despatches required
during the dispute will be provided to the relevant employee representatives
and/or Union officials at the despatch discussions (refer point 2 of this
procedure). The list will also be faxed
to the relevant Union office(s).
4. Despatch of Urgent Orders - The items
listed by the Customer Service Officer(s) will then be required to be safely
despatched during the industrial dispute.
This shall be carried out on the following basis:
(a) Roster -
Selection of employees required to perform the urgent despatch tasks during the
dispute period shall be selected from the crew normally rostered to work the
shift in dispute and the departmental overtime system shall be used to allocate
individuals to the tasks required to perform the urgent despatching. Only those employees that are needed to
carry out the agreed work will be required.
(b) Manning - A
minimum number of employees will be made available as required to safely and
efficiently carry out the despatch work.
(c) Time at Work -
Employees will only be required to work for the time required to organise and
complete the despatch of the items deemed urgent by the Customer Service
Officer(s).
(d) Payment -
Employees will be paid the appropriate Award rates for the time they are at
work performing urgent despatch, rounded to the nearest 15 minutes.
(e) Despatch
Methods - Despatch will occur either by lorry or rail direct to the customer or
a warehouse facility used by the customer.
5. Ongoing Discussions - Discussions will
be held regarding urgent despatch on an ongoing basis throughout the period of
the industrial action and will occur at 7.20 am on the day shift, 3.20 pm
on the afternoon shift and 11.20 pm on the night shift, or as otherwise
necessary.
6. Residual Processing Work - In an event
that there is a residual amount of an order to be processed to enable despatch
of it to occur and there are special or urgent considerations applying to the
order, these circumstances shall be raised and discussed between the relevant
Company representatives and the relevant employee representatives with the view
to reaching agreement. Residual
processing could include shearing of product, gas cutting of product, levelling
of product, grinding of blemishes on urgent product and remarking of product. If no agreement is reached then either party
may seek the assistance of the Commission.
7. Maintenance Work - Where a piece of
equipment is broken down that is required to facilitate the despatch of urgent
product the necessary Plate Mill maintenance personnel will also be required to
attend work for the duration of the time required to fix the equipment
breakdown. This will also include
situations where the necessary Plate Mill maintenance personnel are on strike
themselves. Refer to arrangements in
point 4 of this procedure for determining the required roster, manning,
time at work and payment for maintenance personnel required to fix the
equipment breakdown. The performance of
maintenance work also includes contractors required to repair/maintain despatch
related equipment (eg, cranes/forklifts).
8. Disagreement Regarding "Urgent
Orders" - Where a disagreement arises concerning urgent orders
determined by the Customer Service Officers, product will be despatched as per
the sheet. A meeting regarding the
disagreement can be called during the stoppage or at the conclusion of the
industrial disputation when employees have returned to work. If requested this will generally involve
Customer Service/Logistics, Operations, Union officials and Employee representatives
in an effort to resolve the disagreement.
If the parties are unable to agree then the issue will be referred to
the Commission for resolution.
9. Redress if product is not urgent - If
during the process described in point 8 of this procedure it has been demonstrated
that the Company knowingly had despatched product that was not urgent (by
definition of clause 37.4.11 of this Award), the unions may make application to
the Commission of an industrial dispute for the removal (in part or whole) of
the Urgent Despatch provisions (subclause 37.4). The unions bear the onus of making out a case for such
removal. The Commission's determination
shall be binding on the parties.
SCHEDULE 5
HOT COIL
PROCESSING AND DESPATCH AND UNANDERRA COIL PROCESSING PROCEDURE TO MEET URGENT
CUSTOMER NEEDS
Operation and Intent
This procedure prescribes how clause 37, Regulation of
Disturbances to Production and Supply, and particularly subclause 37.4, Meting
Urgent Customers Needs of this Award is to be implemented in the Hot Coil
Processing and Despatch (HCPD) and the Unanderra Coil Processing (UCP) Sections
of the Hot Strip Mill (HSM).
This procedure applies where there is a need to supply
customers with urgent plate product, so as not to affect their normal operations,
during the unlikely event of an industrial dispute.
All disputes and issues should be resolved in accordance
with the dispute setting procedure and without recourse to industrial action
that would adversely impact on those customers.
Procedure
1. Advising Industrial Disputation - In
the unlikely event of industrial action occurring, employee representatives
and/or Union officials will immediately advise the HCPD Manager/UCP Manager
that employees have voted to go on strike, before employees leave the site.
2. Immediate Despatch Discussions - Before
employees leave the site as a result of industrial action, employee
representatives and/or Union officials will hold a discussion with Company
Officers in relation to urgent orders and/or maintenance work which is
necessary to allow urgent despatch (eg, forklift or crane maintenance). The discussion will generally involve:
(a) HCPD
Manager/UCP Manager and/or his stand‑in if on A/L;
(b) HCPD/UCP
employee representative;
(c) relevant Union
official (if available);
(d) customer
custodian officer(s).
The minimum number of employees, to safely and
efficiently complete the urgent despatch work will remain at work until these
discussions are held and items despatched.
It is anticipated that any maintenance personnel would only need to
remain at work during such discussions if there is incomplete maintenance work
that must be finished to allow urgent despatch of the product.
All other circumstances where tradespersons may need to
attend to equipment issues to ensure urgent despatch continues can be dealt
with under clause 4 of this procedure.
3. Urgent Despatch List – So as not to
affect the customer's normal operations and cause a stock out of any product
(as per the definition in clause 37.4.11 of this Award), a list of urgent
despatch items awaiting despatch, will be prepared by the Customer Custodian
Officer.
The Customer Custodians are in contact daily with our
major domestic customers and less frequently with our smaller customers. The Customer Custodian prepares a daily
Priority Despatch sheet that is used in day to day despatch operations. This sheet highlights any urgent despatches
or stock out situations.
name of the Customer;
product and quantity required;
destination for delivery;
when it will be required.
This report is used on a daily basis to manage priority
despatches.
The items as determined by the Customer Custodian must be
despatched. Where there is disagreement
about urgent items, this will be discussed when employees return to work (refer
to point 7 of this procedure).
This Customer Custodian report will be provided to the
relevant employee representatives and/or Union officials at the despatch
discussions (refer point 2 above). The
will also be faxed to the relevant Union office(s).
4. Despatch of Urgent Orders - Despatches
of urgent material would occur when the transport is available and the
following guidelines should be used:
(a) Roster - Employees should agree on a
roster to determine who will stay, or come in to work, to perform the necessary
tasks to despatch the urgent orders.
This roster should be made available to employees so they are aware when
they are required. These employees must
attend or organise another employee to swap their place in the roster.
(b) Manning - A minimum number of employees
will be made available as required to safely and efficiently carry out the
despatch work.
(c) Time at Work - Employees will only be
required to work for the time it takes to organise and complete the despatch of
the items.
(d) Payment - Employees will be paid the
appropriate Award rates for the time they are at work performing urgent
despatch, rounded to the nearest 15 minutes.
(e) Despatch Methods - Despatch will occur
as normal direct to the customer, or via a warehouse facility.
5. Ongoing
Discussions - Discussions will be held regarding urgent despatch on an ongoing
basis throughout the period of the industrial action.
6. Maintenance
Work - Maintenance employees who service HCPD/UCP plant, will be required to
perform any necessary work on equipment to allow the despatch of urgent
items. This will include situations
where those groups are on strike themselves.
Arrangements in clause 4 (above) applies to these situations.
The performance of maintenance work also includes
contractors required to repair/maintain despatch related equipment (eg,
cranes/forklifts).
7. Residual
Processing Work - There may be instances where some residual work needs to be
completed to allow urgent orders to be processed and despatched. Discussions will be held with a view to
reaching agreement to perform this residual work. If no agreement is reached then either party may seek the
assistance of the Commission.
8. Disagreement
Regarding "Urgent Orders" - Where a disagreement arises concerning
urgent orders, orders as determined by the Customer Custodian Officer must
still be despatched. Either during the
stoppage or at the conclusion of the industrial disputation and employees have
returned to work, a discussion will be held which will generally involve
Customer Custodian/Logistics, Operations, Union officials and Employee
representatives in an effort to resolve the disagreement. If the parties are unable to agree then the
issue will be referred to the Commission for resolution. If there is a disagreement about what is
urgent during strike action, the despatch of product will continue even once
the Commission is involved.
9. Areas not on
strike - Whilst HCPD employees are on strike, all other areas of the site will
continue to perform their normal work.
This may require product to be placed in other areas and/or transported
to allow operations to continue as long as possible. This includes planned maintenance work being performed in the
area(s) of the employees on strike.
10. Redress if
product is not urgent - If during the process described in point 8 above
it has been demonstrated that the Company knowingly had product despatched that
was not urgent (by definition of clause 37.4.11 of this Award), the unions may
make application to the Commission of an industrial dispute for the removal (in
part or whole) of the Urgent Despatch provisions (subclause 37.4). The unions bear the onus of making out a
case for such removal. The Commission's
determination shall be binding on the parties.
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.