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BLUESCOPE STEEL (AIS) PTY LTD - PORT KEMBLA STEELWORKS EMPLOYEES AWARD 2006
  
Date01/27/2006
Volume356
Part3
Page No.750
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4317
CategoryAward
Award Code 1744  
Date Posted01/27/2006

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(1744)

(1744)

SERIAL C4317

 

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