K&R FABRICATIONS (W'GONG) PTY LTD (PORT KEMBLA STEELWORKS) MAINTENANCE AWARD 2006 - 2009

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Industry Group New South Wales Branch, industrial organisation of employees and State Peak Council.

 

(No. IRC 456 of 2006)

 

 

AWARD

 

1.  Title

 

This Award shall be known as the K&R Fabrications (W’Gong) Pty Ltd (Port Kembla Steelworks) Maintenance Award 2006-2009.

 

2.  Index

 

Clause No.         Subject Matter

 

1.         Title

2.         Index

3.         Application and Parties Bound

4.         Terms of Award

5.         Objectives of Award

6.         Intent

7.         Performance Initiatives

8.         Contract of Employment

9.         Wages and Allowances

10.       Working Arrangements

11.       Meal Breaks

12.       Annual Leave

13.       Public Holidays

14.       Long Service Leave

15.       Personal Leave

16.       Parental Leave

17.       Jury Service

18.       Union Membership and Elected Delegates

19.       Trade Union Training

20.       Clothing and Personal Protective Equipment

21.       Superannuation

22.       Income Protection Insurance

23.       Notice Boards

24.       Employment Security

25.       Right of Entry

26.       Employee Entitlements

27.       Abandonment of Employment

28.       Blood Donors

29.       Anti Discrimination and  Harassment

30.       Duress

31.       Transmission of Business

32.       Dispute Avoidance Procedure

33.       Disciplinary  Protocol

34.       Reserved Matters

 

3.  Application and Parties Bound

 

This Award shall apply to K&R Fabrications (W’Gong) Pty Ltd, all its employees employed in the classifications set out in Clause 9 of this Award, who are performing mechanical maintenance, modification, shutdown and engineering work at Bluescope Steel Port Kembla Steelworks and the unions party to this Award.

 

The Parties to this Award are:

 

K&R Fabrications (W’Gong) Pty Ltd  ABN 56 002 396 849

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (AFMEPKI.U)

 

The Australian Workers Union, New South Wales (AWU) - Port Kembla Branch; and

 

Employees of K&R Fabrications (W’Gong) Pty Ltd who are members or entitled to be members of the organisations detailed above and are engaged in classifications specified in the said Clause 9.

 

4.  Term of Award

 

4.1        This Award will come into operation from the 28th February 2006 and shall wholly displace all other agreements and awards that would otherwise apply to employees under this award. This award rescinds and replaces the K&R Fabrications (W'Gong) Pty Ltd (Port Kembla Steelworks) Maintenance Award 2004 - 2007, published 1 April 2005 (349 I.G. 870) and shall remain in force until 28th February 2009.

 

4.2        The Parties agree to commence negotiations for a successor Award three (3) months prior to 28th February 2009.

 

4.3        The Parties to this Award shall not pursue any extra claims as per the period nominated in Clause’s 4.1. & 4.2.

 

5.  Objectives of Award

 

The objectives of this Award are to:

 

Enable the company to perform work in the area covered by the Agreement in a productive, efficient and orderly way, and

 

Provide appropriate remuneration and conditions of employment for employees working under the terms of the Agreement.

 

Encourage employees to work in a productive, efficient, flexible and safe way in accordance with their full skill and competence to meet the requirements of the employer and its client.

 

6.  Intent

 

The intent of this award is to create an environment that enables employees to work together in a cooperative manner.

 

7.  Performance Initiatives

 

The Parties recognise the financial performance of the Company and their respective futures, prosperity and employment security are inextricably linked.  There are a range of issues that represent opportunities to enhance the Company’s performance in the areas of health and safety, Company and employee relationships, learning and development, quality, productivity, efficiency, flexibility, cost effectiveness and achievement of contractual Performance Targets. 

 

7.1        Continuous Improvement and Innovation

 

The Parties to this Award are committed to the philosophy of continuous improvement and innovation through effective people and business management. Employees will be encouraged to contribute not only through effort but also through good ideas. We will also promote the concept of employees challenging decisions where there maybe better ways of doing things.

 

7.2        Occupational Health and Safety

 

This clause is to be read in conjunction with the NSW OH&S Act 2000.

 

The parties to this agreement abhor the loss of life, sickness and disability caused at work. The parties agree to the establishment of health and safety committees in each workplace and the recognition of rights and training for health and safety representatives.

 

The parties are committed to pursuing the best means of safeguarding and improving the working life and health of employees.

 

The employer may, from time to time, issue regulations designed to increase safe working practices and conditions.  On a variety of projects and sites where the employer undertakes work and regulations and the policies and practices of the employer are in force concerning safety restrictions, it is an express condition of employment of all employees covered by this Award that such regulations as are issued from time to time will be strictly observed.  It is recognised by the parties to this Agreement that failure to observe these regulations can be grounds for instant dismissal.  It shall be the duty of the employers to ensure that each employee is made aware of the regulations in force on the project or site on which such employee works.  Employees will assist contractors in the implementation of safety programs, which are based on continuous improvement.

 

7.3        Consultative Committee

 

The parties agree to establish a consultative committee to assist the parties improve productivity, efficiency and to provide for the effective involvement of employees in the decision making process.  The committee will consist of an equal number of company and union representatives and the parties will work to set up their own charter on establishment.

 

The objectives of the committee are to investigate, determine, and make recommendations on matters including but not limited to:

 

(I)	Introduction of new technology
(ii)	Changes to work organisation
(iii)	Expansion and investment
(iv)	Quality
(v)	Productivity improvement
(vi)	new management practices

 

Union representatives will have an open invitation to participate in the committee and will have adequate time and access to the employees they represent:

 

(i)	prior to the Committee meetings to prepare for agenda items
(ii)	Following Committee meetings to report back, when necessary, on issues discussed.

 

Committee members will be provided with all relevant information and access to documentation and data pertaining to the subject matter in order to assist the consultative process, except where the company is unable to do so for privacy or confidentiality reasons.

 

7.4        Apprenticeships

 

The Company supports the philosophy of apprenticeships. This is seen as an investment for the future. It benefits the apprentice, the community and the business. It is the intent of the Parties to pursue the introduction of an Apprenticeships program involving K&R Fabrications.

 

7.5        Equal Employment Opportunity

 

The Parties agree to comply with and promote the principles of equal opportunity legislation.

 

8.  Contract of Employment

 

The Parties to this Award are committed to the philosophy of full time employment, but also recognise that to be competitive alternative work arrangements will be required.  Casual, part time and fixed term employees will be balanced with the needs of the Business.  In short term situations such as shut downs, specialised work, and emergency work, alternative employment arrangements will be introduced.

 

8.1        Nature of Employment

 

Employment may be casual, part-time, full-time, or fixed term as is specified in the formal Letter of Offer of Employment. Employees shall perform work according to the following conditions:

 

By arrangement, employees shall work the ordinary working hours according to the work roster as the business needs may require from time to time as identified in Clause 11 of this Award.

 

Employees are expected to work reasonable overtime as required by the Company in addition to the rostered ordinary working hours.

 

Employees must use such protective clothing and equipment provided by the Company for specific circumstances.

 

Employees must comply with safety requirements of the Company.

 

8.2        Types of employment

 

8.2.1     Full Time Employment

 

An employee who has not been specifically employed on a part time or casual basis shall be deemed to be employed full time. K&R Fabrications shall not contract outside of this Award. In other words there will be no other forms of employment for employees bound by this Award except for those contained within Clause 8 of this Award (eg. no individual contracts, Australian Workplace Agreements or Prescribed Payment Systems).

 

8.2.2     Fixed Term Employment

 

The introduction of fixed term employment may be agreed between the parties to suit the circumstances of the business.

 

8.2.3     Part Time Employment

 

By mutual agreement between the Parties, an employee who is employed on a part-time basis shall be offered a fixed number of hours of not less than 12 hours in any one week period, and not more than 37.5 hours in a one week period, as agreed and confirmed in writing at the time of engagement or as varied by consent thereafter. A part time employee shall be entitled to all leave benefits contained in this Award on a pro-rata basis. The hourly rate for a part time employee shall be calculated by reference to the applicable hourly rate contained in Clause 9 of the Award.

 

8.2.4     Casual Employment

 

A casual employee is one engaged for a minimum period of one (1) day and paid as such.  A minimum of four (4) hours per day will apply where work is not available due to reasons beyond the control of the employer. The engagement of a casual may be terminated at any time upon one hours notice or by payment in lieu. Employees engaged as casuals for a continuous period of six (6) weeks will be entitled to full time employment and shall be advised in writing of such by the Company.  A casual employee shall not be employed for more than six (6) weeks continuously. Consultation and agreement may extend this period of engagement with employee representatives.

 

Casual employees working ordinary time shall be paid 1/38th of the weekly wage, prescribed in Clause 9 of the Award, for each hour worked. A casual employee shall not be entitled to any leave, public holidays, notice or severance benefits contained in this Agreement but shall receive in lieu a loading of 25% of the ordinary rate of pay.

 

Unless there is an agreement between the parties, casual employees will only be employed when unplanned, unexpected changes in the workload or planned peak requirements require a short-term increase in the number of employees.

 

8.3        Apprentices

 

Where apprentices are employed directly by the Company, then the conditions of this Award shall apply except for remuneration, which is specified as a percentage of the trade rate at 100%. The specific percentages to apply are as follows:

 

First Year Apprentice	42%
Second Year Apprentice	55%
Third Year Apprentice	75%
Fourth Year Apprentice	88%

 

Where the Company employs a new 'adult employee apprentice' (21 years of age or more), then that employee shall be remunerated at the 85% wage rate of a trades person for the term of the apprenticeship until overtaken by the Apprenticeship rate.

 

For existing adult employees who through Company approval undertake an adult apprenticeship will be paid at their current classification rate.

 

8.4        Probation

 

The continued employment of full time and part time new employees (other than a casual employee) will be subject to the satisfactory completion of eight weeks on the job probationary period. During that time, probationary employees shall be provided with feedback on a monthly basis as how they are performing. At the conclusion of the probationary period the Company shall either confirm the employee's continued employment or terminate the employment of the employee in consultation with the work team. Provided that during the probationary period the employment of a probationary employee may be terminated by either party on the giving of notice of one week.

 

8.5        Performance of Duties

 

K&R Fabrications may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Award provided that such duties are not designed to promote de‑skilling, and payment will be in accordance with the classification structure.

 

8.6        Absence without Pay

 

Any employee not attending for duty shall not be paid for the actual time of such absence unless the absence is in accordance with paid leave contained in this Award and has been authorised.

 

8.7        Termination of Employment

 

Notice for termination or dismissal of employment will be in accordance with the following:

 

 

Note:

 

Payment in lieu of notice shall be made if the appropriate notice period is not given. The notice of termination required to be given by an employee shall be the same as that required of an employer. By mutual agreement, the parties may enter into an arrangement that suits either party with a minimum notice period of not less than one (1) week. An employee required to work during their notice period shall have that amount deducted whilst not at work during the notice period as required by the Company. (Notice period is increased by one week if an employee is over 45 years of age, subject to having completed at least two (2) years continuous service with the employer.

 

8.8        Redundancy Provisions

 

Redundancy means when a position is surplus to the needs of the Business, and where there is no alternative employment for the person/s occupying that position/s. Employees who choose to terminate their employment are not eligible for Redundancy and summary dismissal does not entitle employees to a Redundancy payment. The following provisions shall apply:

 

 

K&R Fabrications has the right to dismiss an employee without notice for gross misconduct on the employee's part, which justifies summary dismissal.

 

In the event of summary dismissal, payment will be made up to the time of dismissal only. For example, theft of company property, violence against an employee or employer, vandalism or destruction of company property or other such matters warranting instant dismissal

 

8.9        Recovery of Monies Owed

 

It is agreed that in the event of an employee's employment being terminated for any reason, any monies advanced to the employee by K&R Fabrications shall be recovered by the Company from any accrued entitlements owing to the employee and in accordance with the law.

 

8.10      Stand Downs

 

The Company is entitled to deduct payment for any day on which an employee cannot be usefully employed through any cause which the employer could not reasonably have prevented such as power and fuel shortages.

 

8.11      Facilities

 

K&R Fabrications shall provide on-site facilities for its employees. These facilities shall be made available to all employees and comply with all relevant policies of K&R Fabrications and prevailing laws.

 

8.12      Transport of Employees

 

It is a condition of employment that all employees ensure they transport themselves to and from work. Employees are responsible for getting to and from work whether by personal or public transport. An employee without personal transport working overtime without notification on the previous day, and with no access to public transport, shall be transported to their place of residence, or to a place where public transport is available.

 

9.  Wages and Allowances

 

9.1        An employee's remuneration shall be as provided for in this Award and notified to prospective employees in the Letter of Offer of Employment.

 

9.2        The following wage rates will be paid (for the performance of a 38-hour week) for the respective classifications from the first pay period commencing on or after the specified date.

 

9.2.1     Classification Structure - Maintenance Worker (MW)

 

 

In addition to the rates above, a performance based payment bonus system of up to 3% payment for all hours worked (ordinary hours plus overtime) will apply.  This payment will be made on a quarterly basis. Key Performance Indicators that are appropriate and achievable will determine the performance-based payment system.

 

9.2.2     First Aid Allowance

 

An employee who is appointed by the Company to render first aid, and holds a current recognised and accredited first aid certificate shall be paid an allowance of 10.80 per week up to 30/6/07 and 11.70 thereafter.

 

9.2.3     Confined Space Allowance

 

A confined space allowance of 60c per hour up to 30/6/07 and 65cents per hour thereafter will be paid in the following manner.  A "Confined Space", means a compartment, space or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and subject thereto includes such a space -

 

a)         In the case of locomotives inside the barrels of boilers, fire boxes, water spaces of tenders, side tanks, bunker tanks, saddle tanks or smoke boxes

 

b)         In other cases inside boilers, steam drums, mud drums, fire boxes or vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, super heaters or economisers.

 

9.2.4     Dirty Work and Powerhouse Allowance

 

Employees engaged in an unusually dirty or offensive capacity will be paid 41 cents per hour up to 30/6/07 and 44cents per hour thereafter.  For this allowance to apply the parties will finalise a document under which this allowance will apply having regard to previous site application.

 

Heat Money will apply when work is performed in places where the temperature is raised by artificial means above 49 degrees Celsius. Employees whilst so engaged on work will receive an additional amount of 41cents up to 30/6/07 and 44 cents per hour thereafter.

 

Employees working and carrying out repairs or maintenance in rotary converter and/or static substations which are in regular operation will be paid a Powerhouse Allowance for all hours worked up to 30/6/07 of 60cents per hour up to 30/6/07 and 69cents per hour thereafter.

 

9.2.5     All Other Allowances

 

The rates of pay as per the Classification Structure are inclusive of all other allowances except for the Electrical Licence (Clause 9.2.1), First Aid Allowance (Clause 9.2.2), Confined Space Allowance, Dirty Work Allowance and Leading Hand Allowance (Clause 9 3). The rates of pay (Clause 9.2.1) includes but is not limited to the following allowances:

 

Supplementary Payment

 

Special Allowance

 

Industry Allowance

 

AIS Allowance

 

Tool Allowance

 

9.2.6     Classification Descriptions

 

The following classification structure is to be applied to employees for skills acquired and utilized.

 

Maintenance Worker 1 (MW1)

 

This band includes Trade Assistants and other Non-Trade employees such as Forklift Drivers and Dogmen.

 

Maintenance Worker 2 (MW2)

 

This band includes Non Trades employees such as but not limited to:

 

Certified Riggers/Scaffolders

 

Crane Drivers (9t <15t, 16t <40t)

 

Beltmen

 

Maintenance Worker 3 (MW3) - 100%

 

This is the entry band for trades employees such as but not limited to:

 

Electrician

 

Boilermaker

 

Fitter

 

Welder (All Certificates)

 

Machinist

 

Maintenance Worker 4 (MW4) - 105%

 

MW4 applies to skills acquired and utilized on the job.

 

(i)         Three appropriate modules in addition to the training requirements of MW3 level or;

 

(ii)        Three appropriate modules towards an Advanced Certificate; or

 

(iii)       Three appropriate modules towards an Associate Diploma; or

 

(iv)       Any training which a registered provider (eg TAFE) or by a State Training Authority has been recognised as equivalent to an accredited course which the appropriate industry board recognises for this level.  This can include advanced standing through recognition of prior learning and/or overseas qualifications; or

 

(v)        Will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

 

The following indicative tasks apply to a Tradesperson at Level  MW4.

 

Exercise the skills attained through completion of the training/work experience prescribed for this classification;

 

Exercises discretion within the scope of this grade;

 

Works under limited supervision either individually or in a team environment;

 

Understands and implements quality control techniques;

 

Provides trade guidance and assistance as part of a work team;

 

Exercise trade skills relevant to the specific requirements of the enterprise at a level higher than Engineering Construction Tradesperson Level 1.

 

Maintenance Worker 5 (MW5) - 110%

 

MW5 applies to skills acquired and utilized on the job.

 

Six appropriate modules in addition to the training requirements of MW3; or

 

Six appropriate modules towards an Advanced Certificate; or

 

Six appropriate modules towards and Associate Diploma; or

 

Any training which a registered provider (eg TAFE) or by State Training Authority has been recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level.  This can include advanced standing through recognition of prior learning and/or overseas qualifications; or

 

Will have skills equivalent to the above gained through work experience subject to competence testing to the prescribed standards.

 

1.          Exercise of skills attained through completion of the training/work experience prescribed for this classification;

 

2.          Provides trade guidance and assistance as part of a work team;

 

3.          Assists in the provision of training in conjunction with supervisors and trainers;

 

4.          Understands and implements quality control techniques;

 

5.          Works under limited supervision either individually or in a team environment;

 

6.          Interact with work groups to ensure job completion to target quality      workmanship and guidance for others.

 

Exercises precision trade skills using various materials and/or specialised techniques;

 

Performs operations on a CAD/CAM terminal in the performance of routine modifications to the NC/CNC programs;

 

Installs, repairs and maintains, tests, modifies, commissions and/or fault finds on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and in the course of such work, is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems;

 

Works on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising inter-connected circuits;

 

Maintenance Worker 6 (MW6) -115%

 

MW 6 applies to skills acquired and utilized on the job.

 

(i)         nine appropriate modules in addition to the training requirements of MW3; or

 

(ii)        nine appropriate modules towards an Advanced Certificate; or

 

(iii)       nine appropriate modules towards and Associate Diploma; or

 

(iv)       any training which a registered provider (eg TAFE) or by State Training Authority has been recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level.  This can include advanced standing through recognition of prior learning and/or overseas qualifications; or

 

(v)        will have skills equivalent to the above gained through work experience subject to competence testing to the prescribed standards.

 

1.          Exercise the skills attained through completion of the training/work experience prescribed for this classification;

 

2.          Exercise discretion within their level of training;

 

3.          Is able to provide trade guidance and assistance as part of a work team;

 

4.          Provides training in conjunction with supervisors and trainers;

 

5.          Understands and implements quality control techniques;

 

6.          Works under limited supervision either individually or in a team environment;

 

7.          Can schedule and coordinate maintenance work for teams including down day programme development and execution for a maintenance task team.

 

Exercise high Precision Trade Skills using various materials and/or specialised techniques;

 

Works on machines or equipment which utilise complex mechanic or hydraulic and/or pneumatic circuitry and controls or a combination thereof;

 

Works on machinery or equipment which utilise complex electrical/electronic circuitry and controls;

 

Works on instruments which make up complex control system which utilises some combination of electrical/electronic mechanical or fluid power principles;

 

Applies advanced computer numerical control techniques in machining or cutting or welding or fabrication;

 

Exercise intermediate CAD/CAM skills in the performance of routine modification to programs;

 

Working on complex or intricate interconnected electrical circuits at a level above MW5;

 

Working on complex radio/communication equipment.

 

9.3        A Leading Hand rate (all purpose) shall be paid as follows:

 

The following payment is an allowance only paid whilst an employee has been selected as a Leading Hand.

 

 

Leading Hands whilst in the role shall have the Leading Hand rate recognised on a pro‑rata basis when calculating service entitlements.

 

9.3.1     A Staff Relief Allowance (all purpose) will be paid at the rate of MW6 plus 60 up to 30/6/07 and 64.90 per week thereafter. Staff relief is defined as a circumstance where employees are requested to step up to perform the full scope of the role can be obtained from the relevant staff members’ position description.

 

9.4        Mixed Functions

 

An employee engaged for more than two (2) hours on any day or shift carrying a higher rate than their classification shall be paid the higher rate for such day or shift. If engaged for two (2) hours or less during one day or shift the higher rate shall be paid for actual time worked.

 

9.5        Payment of Wages

 

All earnings shall be paid to employees by electronic transfer on a weekly or fortnightly basis into a bank account or other financial institution nominated by the employee.

 

Details of payment to employees on pay slips shall contain the following information:

 

Name of employee

 

Classification of the employee and reference number

 

Date of payment (including period of payment)

 

Classification rate (hourly)

 

Hours of work (normal and overtime)

 

Allowances

 

Deductions (such as union, salary sacrifice)

 

Annual Leave balance of hours

 

Special Payments (such as Annual Leave Payment)

 

Long Service Leave payments

 

9.6        Payment on Termination

 

Upon termination of employment, wages due to an employee shall be paid on the day of such termination, or forwarded to them by post or electronic fund transfer on the next working day.

 

9.7        Waiting Time

 

An employee kept waiting for his/her wages on site on pay day, for other than circumstances beyond the control of the employer, for more than a quarter of an hour after the usual time of ceasing work shall be paid overtime rates after the quarter hour with a minimum of a quarter per hour payment.

 

10.  Working Arrangements

 

10.1      Hours of work

 

The ordinary hours of work shall be 38 hours per week which will generally be worked in 8.0 hour days between 0600 (6.00 am) and 1800 (6:00pm) hours, Monday to Friday. The ordinary hours of work may also be worked in other configurations as mutually agreed between the employees concerned and K&R Fabrications subject to work patterns meeting the Company's operational requirements and the needs of the business.

 

Where there is a need to vary the pattern of working the ordinary hours of work, the Company and the work team shall consult on the variation. Failing agreement, the Company shall give that work team and/or individual employees concerned two day's (48 hours) notice of the variation.

 

By agreement between the parties, hours may be varied either way by one hour.

 

Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period, which exceeds 28 consecutive days.

 

10.1.1   Extensive Hours of Work

 

The Parties recognise that long working days on a regular basis may not be conducive to a safe, healthy and productive work environment. Where hours on any day worked exceed twelve consecutive hours they shall be subject to:

 

Working within the Occupational Health and Safety Guidelines of the ACTU Code of Conduct regarding twelve (12) hour shifts

 

Proper health monitoring procedures being adopted

 

Suitable roster arrangements

 

Effective support from management

 

10.1.2   Daylight Saving

 

When daylight saving comes into effect or is discontinued, employees shall be paid by the time of the clock at the commencement and conclusion of their shifts. Night shift employees who are at work when the clocks are altered will either work one hour longer for no additional pay or one hour less for the same pay.

 

10.2      Shift Work

 

"Shift Work" means shift work scheduled for five consecutive workdays or more, Monday to Friday inclusive.

 

The Company through consultation with work teams can direct employees to work shift work as required, and the employees shall work the shift work as directed. The time of commencing and finishing shifts once having been determined may be varied by agreement between the Company and the majority of employees concerned to suit the business or, in the absence of agreement, by 48 hours notice of alteration given by the Company to the employees.

 

Where shifts fall partly on separate days, the day that has the major portion of the shift shall be recognised. Where shifts fall partly on a holiday, the shift that has the major portion falling on the public holiday shall be regarded as the holiday shift.

 

10.2.1   Afternoon Shift

 

"Afternoon" Shift means any shift finishing after 6.00pm and at or before midnight. Employees working on afternoon shift shall be paid a loading of 50% calculated on the employee’s base rate of pay for ordinary hours only.

 

10.2.2   Night Shift

 

"Night Shift" means any shift finishing subsequent to midnight and or before 8.00am. Employees working on night shift shall be paid a loading of 50% calculated on the employee's base rate of pay for ordinary hours only.

 

Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.

 

10.2.3   Rostered Shift

 

A "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice, or has otherwise agreed to work.

 

10.2.4   Shift Rosters

 

Shift rosters shall specify the commencing and finishing times of ordinary hours of the respective shifts. Where shifts are broken penalties shall be applied as per overtime entitlements.

 

10.2.5   Broken Shift

 

An employee who works on broken shift which does not continue for at least five (5) successive shifts, hours shall be paid for each shift 50% for the first two hours and 100% for the remaining hours.

 

10.3      Rotating Permanent Shift Work

 

The Parties will discuss, and by mutual agreement shall develop a criteria and set of conditions for the introduction seven day Rotating Permanent Shift Work.

 

10.4      Rostered Break Between Shifts

 

When overtime is worked it shall, where ever reasonably practicable, be so arranged that a employee has at least ten consecutive hours off duty between the work of successive days. An employee (other than casual employees) who works so much overtime between the completion of the ordinary hours worked on any day and the commencement of ordinary hours on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime and not required to recommence work until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time rostered during such absences.

 

If on instructions by the Company, an employee resumes or continues to work without having had ten (10) consecutive hours off duty, the employee shall be paid at double time until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten (10) consecutive hours off duty without loss of pay for ordinary hours during such absences.

 

10.5      Overtime

 

Work performed outside of ordinary hours shall be deemed to be overtime and paid (excluding shift work) as follows:

 

Monday to Friday ‑ time and a half for the first two hours and double time thereafter

 

Saturday ‑ time and a half for the first two hours and double time thereafter. Any hours worked after 12 noon on Saturday will be paid at double time.

 

Sunday ‑ at double time.

 

Public Holidays ‑ at double time and a half.

 

The penalties mentioned above shall be applied to 1/38th of the base weekly rates as defined in Clause 9.

 

10.5.1   Shift Workers - Payment for Saturday, Sunday, Public Holidays and Overtime

 

A shift employee working on a Saturday, Sunday, public holiday or on overtime will be paid as follows:

 

Saturday work ‑ time and a half

 

Sunday work ‑ double time

 

Public Holiday work ‑ double time and a half

 

Overtime worked other than Sundays or public holidays ‑ time and a half for first two hours and double time thereafter

 

10.6      Rostered Days Off (RDO)

 

The ordinary hours of work shall be rostered to provide employees with one Rostered Day Off per month (normally the fourth Friday in a four week cycle).

 

The RDO's may be scheduled as mutually agreed between the employee and the Area Manager to suit the need of the business. The RDO’s may also be taken on alternative days by individual agreement for personal/operational needs. If agreement cannot be reached employees may be directed to use any day/s of accumulated RDO, provided 48 hours notice is given to the employee.

 

RDO's may be accrued to a maximum of five days unless previously agreed with the Area Manager.

 

Where an RDO falls on a Public Holiday the next working day shall be taken as the RDO or may be taken as mutually agreed between the employee and the Company.

 

10.7      Call Back

 

Where an employee is recalled to work after leaving the workplace the following shall apply:

 

The employee shall be paid for a minimum of four hours at the rate of time and half for the first two hours and double time thereafter (or double-time for the full period for continuous shift workers). (Weekend call out will be paid at the relevant overtime rate). There are number of conditions which apply to this provision:

 

If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and commencement of their ordinary hours on the next ordinary working day, the employee shall be entitled to the four hours minimum overtime payment. However, in such circumstances it is only the time which is actually worked during previous call or calls which is to be taken into account when determining the rate for subsequent calls.

 

The employee will not be required to work the full four hours if the job in question is completed within a shorter period.

 

An employee called in prior to 3.00am will continue to be paid penalty rates leading into scheduled ordinary hours and for the duration of the shift, unless the employee is offered the opportunity to go home for reasons of health and safety, in which case the employee would be paid at ordinary time for completion of shift.

 

Overtime worked in this clause is not to be regarded as overtime for the purpose of 10.4 rest periods after overtime, when the actual time worked is less than three hours on the call back or each subsequent call back.

 

10.7.1   Breakdown/Callout Procedure outside of Normal Working Hours

 

On Friday 28th October 2005 the Parties to this Award put forward a proposal for endorsement by the employees covered by the Award. The proposal was titled the:

 

Breakdown/Callout Procedure outside of Normal Working Hours

 

The proposal was endorsed by a valid majority of employees on the  following grounds:

 

That the procedure as presented to the meeting on 28th October 2005 and subsequently endorsed by the meeting be tendered before the Commission on 7th November 2005;

 

That the Award be varied so as to incorporate this facilitative provision (10.7.1) recognising the abovementioned procedure;

 

That if at any time during the life of this Award it is necessary for the Parties to vary the procedure by consent, then any variation/s will only have application after they have been documented and endorsed by a properly constituted Delegates meeting and approval has been given by all the Union Organisations party to the Award; and

 

All employees covered by the Award receive a copy of the variation of the procedure within seven (7days) after its approval by all the Organisations.

 

10.8      Stand By

 

Where an employee is requested by the Company to regularly hold himself/herself in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee's rate of pay for the time he/she is standing by.

 

Where an employee is called in to work without prior notification of having to stand by in readiness to work after ordinary hours, a stand by payment shall not be made. Payment shall be as per Clause 10.7 (Call Back).

 

This provision does not apply to employees in receipt of the staff relief allowance. Nor does it apply to employees who voluntarily make themselves available for overtime call outs.

 

11.  Meal Breaks

 

11.1      A minimum 30 minute unpaid meal break shall be taken at a time convenient to the operations and the business, as near as practicable to the middle of the day or shift, respectively. Employees shall be entitled to a paid ten minute morning break each weekday.

 

11.2      Employees shall be paid at overtime rates for all time worked in excess of five hours without commencing an uninterrupted meal break or crib break due to the requirements of the employer.

 

11.3      Employees required to work more than a 10-hour shift shall be entitled to a 20 minute crib break and to a further crib break in respect of each completed four hours of overtime after the initial eight hours (exclusive of the crib break), if they are to continue work after such four hours. Employees not notified the previous day shall be paid 10.00 (meal allowance) up to 30/6/07  and 10.80 thereafter to purchase each meal at crib time.

 

11.4      Employees required to work overtime not continuous with ordinary hours shall be entitled to a crib break in respect of each completed four hours of overtime (exclusive of crib break) if they are to continue after such four hours.

 

11.5      Employees who agree not to take a crib break to which they are entitled but continue to work instead, without taking the crib time of 20 minutes and continuing to work for a period of two (2) more hours or more, shall be regarded as having worked 20 minutes more than the time worked and paid accordingly.

 

11.6      The crib break referred to herein may be taken in relays so as not to have a  significant impact on operations and so long as they do not exceed 20 minutes in duration and shall be paid at ordinary time rates for the first crib and without deduction of pay thereafter.

 

11.7      If an employee has provided a meal or meals on the basis that he or she has been given notice to work overtime and the employee is not required to work overtime, the employee shall be paid the prescribed meal allowance if the meal has become spoilt/surplus.

 

12.  Annual Leave

 

The provisions of the NSW Annual Leave Act 1944 shall apply.

 

13.  Public Holidays

 

The following days shall be prescribed public holidays for the purposes of this Award where days are gazetted by the NSW Government as substitution or in addition to the following days those days shall apply.

 

New Years Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Monday

 

Anzac Day

 

Queens Birthday

 

Labour Day

 

Christmas Day

 

Boxing Day

 

Employees will be entitled to a picnic day on a day agreed by the parties.

 

14.  Long Service Leave

 

The provisions of the NSW Long Service Leave Act 1955 shall apply.

 

From the 1st December 2004, the Company will commence accruing Long Service Leave benefits for employees at the rate of 1.3 weeks accrual for each completed year of service thereafter. Any accrual up to and including 30th November 2004 will be the current rate of 0.8667 weeks for each completed year of service. Entitlements become available in accordance with the Act.

 

15.  Personal Leave

 

15.1      Amount of Paid Personal Leave

 

15.1.1   Paid personal leave is available to an employee when they are absent:

 

due to personal illness or injury (sick leave)

 

for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave)

 

for bereavement on the death of an immediate family or household member (bereavement leave).

 

15.1.2   The amount of personal leave to which an employee is entitled depends on how long they have worked for the employer and accrues as follows:

 

 

15.2      Accumulation of Personal Leave

 

15.2.1   First Year of Employment

 

At the end of the first year of employment, unused personal leave accrues by the lessor of:

 

38 hours (or 40 hours if the employee normally works 8 or more hours in a day) less the amount of sick leave and carer’s leave taken during the year;

 

or the balance of the year’s unused personal leave.

 

15.2.2   Second and Subsequent Years of Employment

 

At the end of the second and subsequent years of employment, unused personal leave accrues by the lesser of:

 

60.8 hours moving to 76 hours after five years (or 64 hours, moving to 80 hours after 5 years, if the employee normally works 8 or more hours in a day) less the amount of sick leave and carer’s leave taken;

 

or the balance of the year’s unused personal leave.

 

15.2.3   Maximum Amount of Accumulated Personal Leave

 

Personal leave may accumulate to a maximum of 729.6 hours (or 768 hours if the employee normally works 8 or more hours a day).

 

15.3      Definitions

 

15.3.1   The term "immediate family" includes

 

spouse (including a former spouse, a de facto spouse and a former de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis.  Spouse for the purpose of this Clause will also include same sex partners living on a bona fide domestic basis;

 

and child or an adult (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

 

15.3.2   Accumulated Personal Leave is personal leave accumulated under  15.1.2(a) and (b).

 

15.4      Sick Leave

 

15.4.1   Entitlement

 

The amount of personal leave an employee may take as sick leave hours depends on how long they have worked for the employer and accrues as set out in the following tables. Accumulated Personal Leave may be used for sick leave if the current sick leave entitlement is exhausted.

 

Length of time worked with the Employer	Rate of accrual of paid sick leave
Less than 1 month	0
1 month to less than 2 months	8
2 months to less than 3 months	16
3 months to less than 4 months	24
4 months to less than 5 months	32
5 months to less than 12 months	40

 

15.4.2   The Effect of Workers’ Compensation

 

If an employee is receiving workers’ compensation payments, they are not entitled to sick leave.

 

15.4.3   Employee must give notice

 

The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

 

If it is not reasonably practicable to inform the employer during the ordinary hours of the first day of such absence, the employee will inform the employer within 24 hours of such absence.

 

15.4.4   Evidence Supporting Claim

 

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

 

15.4.5   Single Day Absences

 

An employee who has already had two paid sick leave absences in the year, the duration of each absence being of one day only, is not entitled to further paid sick leave in that year of a duration of one day only, without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.

 

An employer may agree to accept a Statutory Declaration in lieu of the required medical certificate.

 

Nothing in this subparagraph limits the employer’s right under 15.4.4

 

15.4.6   Broken Services

 

If an employee is terminated by their employer and is re-engaged by the same employer within a period of six months, other than a casual basis, then the employee’s unclaimed balance of sick leave shall continue from the date of re-engagement.

 

15.5      Bereavement Leave

 

15.5.1   Paid Leave Entitlement

 

A full time employee is entitled to use up to 16 hours personal leave as bereavement leave on each occasion and on production of satisfactory evidence (if required by the employer) of the death of a member of the employee’s immediate family or household.

 

15.5.2   Part time Employees

 

A part time employee is entitled to take two days, up to a maximum of 16 hours bereavement leave on the same basis as prescribed for full time employees in subclause 15.5.1 except that leave is only available where a part time employee would normally work on either or both of the two working days following the death.

 

15.5.3   Unpaid Bereavement Leave

 

Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, they are entitled to take unpaid bereavement leave.  The employer and employee should agree on the length of the unpaid leave.  In the absence of agreement, a full time employee is entitled to take up to 16 hours unpaid leave, provided the requirements of clause 15.5.1 are met, and a part time employee is entitled to take up to two days unpaid leave, to a maximum of 16 hours, provided the requirements of clause 15.5.1are met.

 

15.6      Carer’s Leave

 

15.6.1   Paid Leave Entitlement

 

An employee is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support.  This entitlement is subject to the employee being responsible for the care and support of the person concerned.  In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

 

15.6.2   Notice Required

 

(i)         When taking carer’s leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty.  If it is not reasonably possible to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.

 

(ii)        The notice must include:

 

the name of the person requiring care and support and their relationship to the employee;

 

the reasons for taking such leave; and

 

the estimated length of absence.

 

(iii)       The employee must, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by another.

 

15.6.3   Unpaid Carer’s Leave

 

An employee may take unpaid carer’s leave by agreement with the employer.

 

Rationale and Structure of the Personal Leave Provisions

 

 

16.  Parental Leave

 

Provisions of the NSW Industrial Relations Act 1996 will apply.

 

17.  Jury Service

 

An employee required to attend for jury service during ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount paid in respect of ordinary time the employee would have worked had the employee not been on jury service.

 

18.  Union Membership and Elected Delegates

 

18.1      K&R Fabrications shall support the union parties to this Agreement by way of providing union membership information and providing for payroll deductions of union dues as authorised by employees.

 

18.2      Accredited Union Delegate

 

An employee appointed Union Delegate/s (Shop Steward) shall, upon official notification to K&R Fabrications, be recognised as the accredited representative of the Union to which they belong. An accredited Union Delegate shall be allowed necessary time during working hours to interview a representative of K&R Fabrications on matters affecting employees they represent.

 

19.  Trade Union Training

 

Union Delegate (Shop Steward) nominated by their Union to attend a union sponsored training course will be granted up to five days leave (per annum) of absence without loss of earnings provided that:

 

K&R Fabrications receives at least two weeks notice of the nomination from the Union setting out times, dates, content and venue for the course.

 

The employee concerned can be released from duty by K&R Fabrications for the period of the course, without affecting normal operations.

 

Further Leave may be granted subject to agreement between the Parties. The accredited delegate will be entitled to paid leave to attend Industrial Relations Commission hearings.

 

20.  Clothing and Personal Protective Equipment

 

20.1      It is a requirement that employees wear authorised K&R Fabrications issued clothing/uniform, and appropriate personal protective equipment including steel capped boots.

 

20.2      On engagement full time employees shall be issued with one pair of safety boots, four shirts, four trousers and one jacket

 

20.3      On an annual basis after twelve months continuous service from 1st December 2004 the Company will move to a points system that will ensure an appropriate allocation of clothing entitlement. 

 

20.4      One winter jacket (For employment in the period 1 May - 1 September) will be provided every two years to employees. Where possible the jacket will be manufactured in Australia.

 

20.5      Employees who leave within the probationary period (8 weeks), shall reimburse the Company for clothing and personal protective equipment as per the letter of 'offer for employment'.

 

20.6      Clothing and footwear provided by K&R Fabrications shall be replaced by the Company on a fair wear and tear basis after approval from the appropriate Supervisor/Team Leader.

 

20.7      It is a condition of employment that clothing/uniforms provided by the Company to employees shall be worn at all times during working hours. Employees failing to comply with this requirement will be managed through a counselling and disciplinary process.

 

20.8      Records of type of clothing issued to employees will be recorded by the Company.

 

21.  Superannuation

 

21.1      K&R Fabrications shall contribute the statutory employer superannuation contribution to C Bus, NESS or other agreed and approved superannuation fund that complies with the Superannuation Guarantee Charge Act and Regulations on behalf of each eligible employee as defined in the regulations on a monthly basis.

 

21.2      The level of contributions will be in accordance with the levels prescribed by the act and varied from time to time.

 

21.3      Employees may voluntarily elect to contribute a proportion of their wages on a salary sacrifice basis to their nominated superannuation fund. To do so an employee is required to notify K&R Fabrications in writing and K&R Fabrications will deduct the authorised amount from the employee's pay and remit it to their superannuation fund.

 

21.4      From 1st July 2005 a co-contribution arrangement for superannuation will be available at the election of the employee. From 1ST July 2005 where an employee makes a 3% voluntary contribution, the Company will contribute an additional 1% making a total Company contribution of 10%. The arrangement thereafter from 1st July 2006 would be, at the employees election, a further contribution of 1% (4% in total), the Company would increase its contribution by 1% making a total Company contribution of 11%.

 

The co-contribution scheme will extend into the first year of the life to the subsequent arrangement to replace this Award, that is from 1st July 2007, at the employee’s election, a further contribution of 1%(5% in total), the Company would increase its contribution by 1% making a total Company contribution of 12%.

 

21.5      The parties reserve their rights to bargain with respect to the issue of superannuation into the third year 1ST July 2008 of the new Award.

 

22.  Income Protection Insurance

 

Permanent Employees of K&R Fabrications engaged pursuant to this Agreement shall be provided with income Protection insurance under the following terms and conditions.

 

A qualifying period of 14 days.

 

The insurance cover benefits payable will be applied for a maximum period of two years.

 

K&R Fabrications will contribute up to 1.4% of an employee's gross earnings to an income insurance plan, subject to the following:

 

(i)         In the event that the claims experience requires a review of the insurance plan, the adjustment will be to the plan and not the Company's insurance premium.

 

(ii)        People accessing the insurance plan will agree to participate in the rehabilitation program, which includes assessment by the Company's nominated medical services provider and acceptance of that assessment.

 

23.  Notice Boards

 

K&R Fabrications shall provide notice boards of reasonable dimensions to be located in prominent positions at the site upon which accredited Union Representatives shall be permitted to post formal union notices signed or countersigned by the representative posting them.

 

Any notice posted on a board not so signed or countersigned may be removed by an accredited representative or K&R Fabrications.

 

24.  Employment Security

 

Security of Employment is important for improving working relationships, trust and co-operating with change. We do not want an environment where everyone is working in fear of losing their employment.  We want an environment where people focus on doing jobs safely and well, implementing improvement actions, adapting swiftly to change and caring for the business.  Real employment security will only be achieved by successful business performance. Working together in implementing change and improvement will maximise security for everyone.

 

It is not the Company’s intention to have any forced retrenchments during the life of this Award.

 

While workplace change, new technologies and changes in operations will be ongoing, every opportunity will be taken to effect changes through voluntary means and natural attrition.

 

The parties agree that any changes in the area of employment shall be handled in the following manner:

 

1.          Employees shall be offered other available positions where possible.

 

2.          An employee’s skills shall be further developed to improve flexibility.

 

3.          Employee numbers shall be reduced if required by natural attrition.

 

4.          Voluntary Retirement Schemes shall be used in preference to forced redundancies.

 

If the above steps do not resolve the situation, the Company shall enter into further discussions with the Union with a view of resolving the situation to the satisfaction of both parties.

 

Provided further that this clause will not apply to situations of loss or substantial change to contract scope.

 

25.  Right of Entry

 

An Officer of the union shall have the right to enter in accordance with the Industrial Relations Act 1996(NSW) as the Act stands at the date of certification of this Award.

 

26.  Employee Entitlements

 

Security of Employee Entitlements

 

1.          The parties to this Award are committed to ensure that all the entitlements accruing to employees are secure.

 

2.          K&R Fabrications has made available to the unions written advice from its Auditors confirming its financial status and its compliance with making adequate provision for employee entitlements. The company will also continue to provide the audited Financial Statements which confirms the adequacy of provision for employee entitlements. A group comprising of employee and management representatives will meet within one week of the Annual Report and consult on the financial position f the Company.

 

27.  Abandonment of Employment

 

An employee absent from work for a continuous period of three working days without Company approval, and without notification to the Company, that employee shall be deemed to have abandoned their employment.

 

If after a period of two weeks from the last day of absence, the employee has not established a satisfactory reason for their absence and non-notification, the employee shall have their employment terminated.

 

28.  Blood Donors

 

The Company will promote blood donations to its employees. The Company shall also pursue ways employees may actually donate blood with minimal disruption to the Business.

 

29.  Anti - Discrimination and Harassment

 

The parties to this Award will not tolerate discrimination and harassment in the workplace and seek to achieve the objective in section 3 (f) of the Industrial Relations Act 1996 (NSW) 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.

 

It follows that in fulfilling their objectives under dispute resolution procedures prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly

 

discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms of operation, has a direct or indirect discriminatory effect.

 

Nothing in this clause is to be taken to affect:

 

a)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

b)         offering or providing junior rate of pay to persons under 21 years of age;

 

c)         any act or practice of a body established to promote religion which is exempted under section 56(d) of the Anti-Discrimination Act 1997 (NSW);

 

d)         a party to this award from putting matters of lawful discrimination in any state of federal jurisdiction.

 

This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in the clause.

 

Notes:

 

Employers and Employees may also be subject to Commonwealth Anti-Discrimination legislation.

 

Section 56 (d) OF THE Anti-Discrimination Act 1977(NSW) provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

 

30.  Duress

 

This Award has not been entered under duress by any of the Parties to the Award.

 

31.  Transmission of Business

 

Where transmission of business occurs and affects employees covered by this Award, the Parties shall by an exchange of letter/s enter into correspondence that clearly outlines the benefits and entitlements due to employees, and how such entitlements shall be managed. Matters to be covered may include such items as annual leave, personal leave, superannuation, sick leave and redundancy.

 

32.  Disputes Avoidance Procedure

 

The parties to this Award are committed to harmonious employee relations based on mutual trust, open communication and proactive consultation processes. Best endeavours will be used to resolve issues such as problems, questions, disputes, difficulties or concerns at all times and at the lowest possible level in the Company.

 

Any issue requiring resolution shall be dealt with in the following manner:

 

i.           Where an employee(s) has an issue, which has not been resolved in the normal course of business, they shall raise it with their Team Leader and both shall use their best endeavours to resolve it as quickly as possible.

 

ii.          Where an issue is directly relevant to a work area, it shall be discussed and every endeavour made to resolve it within the appropriate team.

 

iii.         Should the issue not be resolved as above within a sensible, mutually agreed timeframe, it shall be referred to and discussed with the Area Manager.

 

iv.        If not resolved, any of the Parties may raise the issue with the Operations Manager for resolution.

 

v.         If still unresolved, the matter may be referred to the relevant Union, which will discuss the matter with the Company.

 

vi.        Before the issue proceeds to the Industrial Relations Commission, the Company will ensure that its management and the union will ensure that its local Union Official has been involved in the process.

 

vii.       If still unresolved, the matter may be referred to the Industrial Relations Commission, by either party, for conciliation and/or arbitration in accordance with due process.

 

At all levels (i) to (v) inclusive of the above, the employee(s) may choose to have an accredited union representative or another employee in attendance.

 

While the above process is being pursued, work shall continue as normal (without bans and limitations).

 

The Parties to this Agreement may raise an issue to a higher level in the process at any time.

 

Levels (i) to (v) shall be completed within seven (7) working days.

 

33.  Disciplinary Protocol

 

Agreed Process to be Followed in the Event of Potential Disciplinary Action Arising From an OH&S or Other Incident

 

The parties to this Agreement are: K&R Fabrications (Australia) Pty Ltd (BSL Port Kembla Alliance) ("the Company"); the Australian Workers Union, the Electrical Trades Union, the Australian Manufacturing Workers Union ("the Union").

 

The parties agree that:

 

In the event of an incident occurring that has potential disciplinary implications, the following process is agreed. Note that if the incident is of an OH&S nature the appropriate workforce OH&S Committee representative or the OH&S Committee Chairperson and the appropriate workforce representative will be involved in the investigation. If the incident is of a nature other than OH&S, the appropriate workforce representative will be involved in the investigation.

 

1.          At the discretion of the employer, the employee (refer to Note 1 below) concerned may be removed from active duty and given alternate duties while the investigation takes place. In cases where the welfare of the employee or other personnel or workplace harmony may be compromised by the presence of the employee, the employer reserves the right to stand down with pay and remove from site the employee while the investigation takes place. In the event that an employee is stood down with pay in accordance with this clause, the stand down period will not be considered as part of any penalty that may or may not result following the conclusion of the appeal process. (Refer to Note 2 below for recommended communication actions at this point)

 

2.          The investigation will involve the appropriate Company representatives and workforce representatives as indicated in the second paragraph above.

 

3.          Once the investigation is completed, if disciplinary action (in the form of unpaid suspension or termination) is the Company decision, the Company will meet with the local area employee representative/s and the relevant Union Official/s to discuss the outcome before action is taken. If suspension or termination is not the decision of the Company, the Company agrees to advise the employee representatives and the union officials of the decision by some other appropriate form of communication.

 

4.          During those discussions, all issues relevant to the incident will be discussed with a view to reaching an outcome that is satisfactory to both parties. At this time the Company will, without prejudice, make available to the delegates and/or union officials all such information pertaining to the incident and the disciplinary decision that it may legally do so. (Refer to Note 3 below for recommended communication actions at this point)

 

5.          At this point, the employee and their representative/s may choose to exercise a right of local appeal by making representation to the Company and must notify the Company of its intention to do so.

 

If no appeal is forthcoming, the penalty will be administered immediately. If appealed, the employee and their representative/s must do so as quickly as possible, however in any case no more than 5 working days will be allowed for this process, at the sooner of which time, the resultant penalty will be administered. During the period of this appeal process, the employee will maintain the status that was determined in clause 1 above. (Refer to note 4)

 

6.          Regardless of the penalty and the local appeal process, all employees agree to remain on the job without bans or limitations. Should the employee and his representative/s not be satisfied with the outcome of the local appeal process it is agreed that the employee and their representative/s will proceed to the final appeal process via the NSWIRC. Recommendations and/or directions resulting from this final appeal process will be accepted as final by all parties.

 

Following the conclusion of the investigation and possible local appeal process, management and appropriate employee representative/s will determine the most appropriate method of communicating the facts and outcomes to the workforce with the intent of preventing any possible industrial action.

 

This agreed process in no way inhibits either the Company, the employee or the Unions from exercising their rights under the terms and conditions of the Award or conditions of employment or any other relevant employment legislation.

 

The Parties agree that the sole purpose of this agreement is to improve Safety and Performance standards and communication while avoiding any Industrial Disputation, which is recognised as being detrimental to all Parties.

 

NOTES:

 

1.          For the purposes of stand down or alternate duties only, clause one will apply equally to both monthly and weekly paid employees.

 

2.          Following each serious incident the employer will, as soon as practical, facilitate a communication to all employees regarding the incident. It is intended that this communication will be advice that an incident has occurred, it’s nature and that the agreed investigation protocol is preceding. This communication will be channelled through the recognised employee representative and supervisory networks.

 

3.          The communication at this point may involve wider workplace representatives and is intended to provide more detailed information on the progress of the process, or in fact to communicate detailed outcomes.

 

4.          Delaying the determined action in order to allow the appeal process to take place does not prejudice the rights of the Company to take such action, if required, once the appeal process has been completed.

 

34.  Reserved Matters

 

Parental Leave.

 

Hours of Work.

 

 

 

P. J. CONNOR, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.