BLUE CIRCLE SOUTHERN CEMENT LTD (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Blue Circle Southern Cement Limited.

 

(No. IRC 6610 of 2005)

 

 

AWARD

 

PART 1 - GENERAL

 

1.  Contents

 

1.1        Table of Contents

 

Clause No.         Subject Matter

 

1.         Contents

1.1        Table of Contents

 

PART 1 - GENERAL

 

2.         Dictionary

2.1        Definitions

3.         Operation of Award

3.1       Area, Incidence and Duration

3.2           Preamble

 

PART 2 - CONTRACT OF EMPLOYMENT

 

4.         Full Time Employment

4.1        Full Time Employees

4.2        Probation

4.3        Resignation

4.4        BCSC Termination Option

4.5        Payment on Termination

5.         Part Time Employment

5.1        Part Time Employees

5.2        Probation

5.3        Resignation

5.4        BCSC Termination Option

5.5        Ratio

6.         Casual Employment

6.1        Casual Employees

6.2        Ratio

6.3        Intended Use

7.         Change In Employment Contract

7.1        Acknowledgement

8.         Apprentices and Trainees

8.1        General

8.2        Conditions of Employment

8.3        Trainee Apprentices

8.4        Indentured Apprenticeship

8.5        Adult Apprenticeship

9.         Training

9.1        Commitment

9.2        Training Programme

9.3        Genuine Reason Not To Be Trained

9.4        Training Without Loss of Pay

9.5        Costs

9.6        Travel

9.7        Use of Own car

10.       Working As Directed

10.1      Using Skills As Directed

10.2      Change To Shift Work Etc

10.3      Change to System of Work  

11.       Redundancy

11.1      Application of Disputes Procedure

11.2      Application of Clause

11.3      Security of Employment Agreement

11.4      Notice

11.5      Redundancy Pay

11.6      Seeking Alternative Employment

11.7      Sick Leave

11.8      Counselling

11.9      Medical

11.10    Certificate of Service

11.11    Leaving Early

11.12    Suitable Alternative Employment

11.12    Itemised Account

 

PART 3 - PAY RATES AND RELATED MATTERS

 

12.       Classifications Etc

12.1      Levels

12.2      Rates of Pay

12.3      Savings

13.       Additions to Wages

13.1      All Purpose Allowances

13.2      Allowances (Not All Purpose)

14.       Penalties Not Cumulative

14.1      Shift Allowances Etc

15.       Payment of Wages

15.1      Electronic Funds Transfer

15.2      Late Pay

16.       Timekeeping

16.1      Decimal Proportion

16.2      Latecomers

17.       Overtime

17.1      Payment for Other Than Continuous Shift Workers

17.2      Payment for Continuous Shift Workers

17.3      10 Hour Rest Period

17.4      Call Out

17.5      10 Hour Rest Period for Day Workers Called Out

17.6      10 Hour Rest Period for Shift Workers Called Out

17.7      Notice of Overtime at Commencement of Next Shift

17.8      Overtime Meal Breaks

17.9      Meal Money

17.10    Requirement to Work Reasonable Overtime

17.11    Time Off in Lieu of Payment for Overtime

17.12    Make-up Pay

18.       Saturday, Sunday and Holiday Rates

18.1      Shift Workers on Saturday

18.2      Sundays

18.3      Holidays

18.4      Minimum Engagement

19.       Short Term Transfer

19.1      Short Term Transfer to Shift Work

19.2      Short Term Transfer to Day Work

 

PART 4 – DAY WORKERS

 

20.       Hours of Work

20.1      Average Week

20.2      Spread of Hours

20.3      12 Hour Days

20.4      Change of Roster To Shift Work

20.5      Rostered Days Off

21.       Meal Breaks

21.1      Work Before Break

21.2      Continuity of Operations Etc

21.3      Working Through a Meal Break

22.       Rest Breaks

22.1      Daily Break

22.2      Continuous Operation Etc

 

PART 5 - SHIFT WORKERS

 

23.       Hours of Work

23.1      Ordinary Hours

23.2      Commencing and Finishing Times of Shifts

24.       Shift Work - General

24.1      Shift Allowances

24.2      Change of Roster to Day Work

24.3      Change of Roster To Other Shift

25.       Meal Breaks

25.1      Work Before Break

25.2      Continuity of Operations Etc

26.       Rest Breaks

26.1      Daily Break

26.2      Continuous Operation Etc

26.3      Combining With Meal Break

 

PART 6 - LEAVE AND HOLIDAYS

 

27.       Holidays

27.1      Entitlement

27.2      Substitute Days

27.3      Absence

27.4      Rostered Days Off

28.       Annual Leave

28.1      Entitlement

28.2      Single Days

28.3      Continuous Shift Workers

29.       Annual Leave Loading

29.1      Payment of Loading

29.2      Calculation of Loading

29.3      Shift Workers

29.4      Payment on Termination

30.       Parental Leave and Personal Carers Leave

30.1      Parental Leave

30.2      Personal Carers Leave

30.3      Unpaid Leave for Family Purpose

31.       Bereavement Leave

31.1      Entitlement

31.2      Notification

31.3      Responsibility For Care

31.4      Bereavement Leave Not When Other Leave Granted

31.5      Bereavement Leave In Conjunction With Other Leave

32.       Jury Service

32.1      Entitlement

32.2      Notification

33.       Sick Leave

33.1      Entitlement

33.2      Accumulation

33.3      First Three Months of Employment

33.4      Continuous Service

33.5      Election

33.6      Maldon Sick Leave

34.       Long Service Leave

34.1      Entitlement

 

PART 7 - SUPERANNUATION

 

35.       Superannuation Benefits

35.1      Obligation

36.       "Wages Sacrifice" In Return For Increased Employer Funded Superannuation

36.1      Preamble

36.2      Wages Sacrifice Election

36.3      BCSC to Fund Increased Superannuation

36.4      Change to Sacrifice Amount

36.5      Cessation & Suspension of Wages Sacrifice Election

36.6      Age Based Contribution Limit

 

PART 8 - SAFETY ETC

 

37.       Protective Clothing

37.1      Entitlement

38.       Protective Equipment

38.1      Entitlement

39.       Accident Pay

39.1      Entitlement

 

PART 9 - WORKPLACE RELATIONS

 

40.       Anti Discrimination

40.1      Obligation

41.       Disputes Settling Procedure

41.1      Steps

42.       Consultation

42.1      Consultative Committee

42.2      Decision Making Not Effected

42.3      Southern Highlands Steering Committee

43.       Delegates

43.1      Recognition

43.2      Time

44.       Leave Reserved

44.1      Reserved Matters

45.       Preservation

45.1      Commitment

46.       No Extra Claims

46.1      Commitment

 

PART 10 - MONETARY RATES

 

Table 1 - Rates of Pay

 

Weekly Rates of Pay

Apprentice Rates of Pay

 

Table 2 - Other Rates and Allowances

 

Schedule A - BCSC Roles Based Structures

Schedule B - Security of Employment

Schedule C - BCSC Marulan Works Lime Plant Classification Structure

Schedule D - Roles Based Savings Provisions

Schedule E - Wages Sacrifice’ Election Form

 

2.  Dictionary

 

2.1        Definitions

 

In this award the following words in the left-hand column of the dictionary shall have the meaning given to them by the right hand column of the dictionary:

 

BCSC	Blue Circle Southern Cement Limited;
An employee	a person employed by BCSC to work at BCSC’s Berrima Cement Works, Maldon Cement Works, Marulan Lime Plant or Marulan Limestone Mine;
Casual employee	a person employed by BCSC in accordance with clause 6;
Part time employee	a person employed by BCSC in accordance with clause 5;
Unions	the Australian Workers’ Union, NSW the Electrical Trades Union of Australia, New South Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union NSW.
Wife, Husband	shall include de facto wife or husband;
Father, mother	shall include foster father or mother and stepfather or mother;
Shift worker	an employee working on a one, two or three shift system;
Day worker	an employee other than a shift worker;
Continuous shift work	work carried on with consecutive shifts of employees throughout the 24 hours of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of BCSC;
Continuous shift worker	an employee performing continuous shift work;
Technological change notice	means 3 months notice of termination or payment in lieu of such notice; and
Act	the Industrial Relations Act 1996.

 

3.  Operation of Award

 

3.1        Area, Incidence and Duration

 

This award shall operate from the first full pay period to commence on or after 19 January 2006 and shall have a nominal term of three years.

 

This award rescinds and replaces the Blue Circle Southern Cement (State) Award published 3 June 2005 (351 I.G. 574), and all variations thereof.

 

It shall apply to all employees of the classifications referred to in this award employed by BCSC at BCSC’s Berrima Cement Works, Maldon Cement Works, the Marulan Lime Plant and Marulan Limestone Mine.

 

3.2        Preamble

 

The purpose of this award is to chart a course for the future of BCSC and each of its employees through a joint commitment to:

 

(a)        achieving long term security and job satisfaction;

 

(b)        being internationally competitive in the cement and lime industry; and 

 

(c)        being a reliable supplier to BCSC’s customers.

 

PART 2 - CONTRACT OF EMPLOYMENT

 

4.  Full Time Employment

 

4.1        Full Time Employees

 

Subject to this clause an employee may be employed as a full time employee.

 

4.2        Probation

 

A full time employee shall commence employment on probation for a period of three months. 

 

4.3        Resignation

 

A full time employee may terminate their employment by giving BCSC one-week’s notice or by paying or forfeiting to BCSC an amount of money equivalent to one week's pay.

 

4.4        BCSC Termination Option

 

Except when terminating a full time employees employment for reasons of technology related redundancy, for which technological change notice applies, if BCSC terminates a full time employees employment, they must give them notice (or make payment in lieu thereof) in accordance with the following table:

 

 

4.5        Payment On Termination

 

An employee upon resigning from their employment shall be paid all wages due to them where practical on their last day of employment and in any event no later than the next pay period following their last day of employment.

 

5.  Part Time Employment

 

5.1        Part Time Employees

 

Subject to this clause an employee may be employed as a part time employee and they shall despite anything else in this award:

 

(a)        be paid per hour one thirty eighth of a week’s pay for the relevant level for the hours they work;

 

(b)        be entitled to the other benefits of this award on a proportionate basis such as annual leave and sick leave;

 

(c)        work a number of ordinary hours which shall average less than 38 per week but not less than three on a day; and

 

(d)        be paid overtime rates for all hours worked:

 

(i)         before or after their rostered hours of work;

 

(ii)        in excess of 10 hours a day for part time employees working on a 10 hour day four day week roster system;

 

(iii)       in excess of 12 hours a day for part time employees working on a 12 hour day roster system; or

 

(iv)      in excess of eight hours a day for all other part time employees.

 

5.2        Probation

 

A part time employee shall commence employment on probation for a period of three months. 

 

5.3        Resignation

 

A part time employee may terminate their employment by giving BCSC one-week’s notice or by paying to BCSC an amount of money equivalent to one week's pay.

 

5.4        BCSC Termination Option

 

Except when terminating a part time employees employment for reasons of technology related redundancy, for which technological change notice applies, if BCSC terminates a part time employees employment, they must give them notice (or make payment in lieu thereof) in accordance with the following table:

 

 

5.5        Ratio

 

Within a department, the ratio of part time employees to full time employees shall not exceed one in five.

 

6.  Casual Employment

 

6.1        Casual Employees

 

An employee may be employed as a casual employee and:

 

(a)        they will be paid per hour one-thirty-eighth of a week’s pay for the work which they perform plus 15 percent at the rate set out in Table 1 for the relevant level;

 

(b)        they will be engaged for a minimum of four hours on each day they work;

 

(c)        the following clauses of this award shall not apply to them, 4, 5, 8, 11, 19, 27, 29, 30, 31, 32, 33, 36 and 39; and

 

(d)        the employee or BCSC may terminate the employee’s employment by one days notice or payment in lieu.

 

Notation: casuals also receive one-twelfth of their ordinary earnings in lieu of annual leave.

 

6.2        Ratio

 

Within a department the proportion of casual employees to permanent employees shall not exceed 15 percent except in circumstances involving short term campaigns, such as maintenance shuts, kiln overhauls etc..

 

6.3        Intended Use

 

BCSC intends to use casual employees to supplement permanent employees in day to day work when the need arises:

 

(a)        because of increased production;

 

(b)        because of special projects;

 

(c)        because of training requirements;

 

(d)        where work needs to be done that cannot be effectively resourced with permanent employees and failing the work being done production will be adversely effected;

 

(e)        during short term campaigns, such as maintenance shuts, kiln overhauls etc and/or

 

(f)         because of medium to long absenteeism (whether caused by illness, injury, workers compensation or voluntary leave).

 

7.  Change in Employment Contract

 

7.1        Acknowledgement

 

To avoid doubt, the nature of an employee’s contract of employment; weekly, part-time, casual, may only be changed if the employee concerned genuinely agrees.

 

8.  Apprentices and Trainees

 

8.1        General

 

(a)        Vocational training of trainee, indentured and adult apprentices shall be in accordance with the Industrial and Commercial Training Act 1989.

 

(b)        Trades and callings for which a trainee, indentured or adult apprenticeship may be established are to be consistent with the classification structure of this award.

 

8.2        Conditions of Employment

 

(a)        Subject to clause 8.5, the rate of pay of an apprentice shall be the rate prescribed by the amount set out in Table 1- Apprentice Rates of Pay, of Part 10, Monetary Rates, for the relevant year of apprenticeship.

 

(b)        At the end of each year of apprenticeship an apprentice shall, for each day of absence during that year, serve one day prior to proceeding to the next year of the apprenticeship or to trades status.  Time that has been worked in excess of ordinary hours during that year shall be credited when calculating service for the year.

 

(c)        Rostered days off shall be given and taken so that they do not coincide with required attendance at Technical School.

 

(d)        Where full-time employment continues after completion of the apprenticeship period, the period of apprenticeship shall be counted as service for the purpose of this award.

 

(e)

 

(i)         Where any post-apprenticeship employment is on a part-time, casual or temporary basis, the provisions of clause 11,         Redundancy, will not apply.

 

(ii)        An apprentice whose services are terminated upon the completion of the apprenticeship shall not be entitled to the provisions of the said clause 11.

 

(f)         Cancellation or suspension of an apprenticeship shall be subject to approval from the Commissioner for Vocational Training.

 

8.3        Trainee Apprenticeship

 

Despite anything else in this award, a trainee may be engaged, provided that the trainee shall be subject to a satisfactory probationary period of one month, which may be reduced at the discretion of BCSC and shall count as part of the period of apprenticeship.

 

8.4        Indentured Apprenticeship

 

Except where credits are approved by the Vocational Training Board, the period of indentureship shall be four years.  Despite anything else in this award, a person may be taken on probation for three months and, if indentured, the period of probation shall count as part of the period of apprenticeship.

 

8.5        Adult Apprenticeship

 

(a)        For the purpose of this award, an adult apprentice means a person of 18 years of age or over at the time of becoming indentured or registered as an apprentice.

 

(b)

 

(i)         Where a person was employed by BCSC immediately prior to becoming an adult apprentice, the person shall not suffer a reduction in the rate of pay by virtue of becoming indentured or registered and will remain on that rate until it is exceeded by the appropriate apprentice rate, including tool allowance.  Provided that, where necessary, the skills within the classification held prior to becoming indentured or registered are available for use by BCSC as long as the training requirements of the apprenticeship are not infringed.

 

(ii)        Subject to clause 8.5 (b) (i) the rate of pay of an adult apprentice shall be the rate prescribed by the amount set out in Table 1- Apprentice Rates of Pay, of Part 10, Monetary Rates, for the relevant year of apprenticeship.

 

(c)

 

(i)         Preference of employment as an adult apprentice should be given to an applicant who is currently employed by BCSC so as to provide for genuine career path development.

 

(ii)        Adult apprentices shall not be employed at the expense of other apprentices.

 

9.  Training

 

9.1        Commitment

 

The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of BCSC a commitment to training and skill development needs to be maintained.  Accordingly, the parties commit themselves to:

 

(a)        developing a more highly skilled and flexible workforce; and

 

(b)        providing employees with career opportunities through appropriate training.

 

9.2        Training Programme

 

Following consultation in accordance with clause 40, BCSC shall develop a training programme consistent with:

 

(a)        the current and future needs of each site;

 

(b)        the size, structure and nature of the operations of each site; and

 

(c)        the need to develop vocational skills relevant to the site and the cement and lime industries through courses conducted by accredited educational institutions and providers through on- site training.

 

9.3        Genuine Reason Not to be Trained

 

Where an employee has a genuine reason not to be retrained, BCSC will develop mechanisms to assist the employee and ensure no discrimination.

 

9.4        Training Without Loss of Pay

 

Where additional training is to be undertaken by an employee, that training may be undertaken either on or off the job, provided that:

 

(a)        if the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay; and

 

(b)        where employees attend training outside of their ordinary hours of work they shall be paid:

 

(i)         Monday to Saturday inclusive, at single time rates of pay while undertaking such training or, by agreement with the individual concerned, be given time off work in lieu of such payment at single time equivalent; and

 

(ii)        Sundays and public holidays at single time and a half rates of pay while undertaking such training.

 

9.5        Costs

 

(a)        Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in BCSC's technical library) incurred in connection with the undertaking of training shall be paid by BCSC upon the commencement of that course.

 

(b)        In the event that a course is not successfully completed due to non-attendance or poor application by an employee (as indicated by the course trainer), that employee's next approved course expenses shall be reimbursed on successful completion of that course.

 

9.6        Travel

 

(a)        All time spent travelling to and back from a training program in an employee's ordinary hours of work shall be without loss of pay.

 

(b)        All time spent travelling, outside of an employee's ordinary hours of work, to a training program (in excess of 30 minutes) and back from a training program (in excess of 30 minutes) shall be paid at ordinary time rates of pay.

 

(c)        The provisions of clause 9.6 (b) do not apply to apprentices attending TAFE or related training.

 

9.7        Use of Own Car

 

Where the employee uses their own vehicle for such travel they shall be compensated based on the following formula:

 

Extra kilometres which exceed those normally incurred x Fuel price x 0.15.  Fuel price shall be the full price $/litre for unleaded petrol at an agreed local petrol distributor.

 

10.  Working as Directed

 

10.1      Using Skills As Directed

 

(a)        To avoid any doubt, BCSC 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 and provided that such duties are not designed to promote deskilling.

 

(b)        To avoid any doubt, BCSC may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.

 

(c)        Any direction issued by BCSC shall be:

 

(i)         consistent with BCSC's responsibilities to provide a safe and healthy working environment; and

 

(ii)        carried out in a safe manner and in accordance with BCSC's safety systems.

 

10.2      Change To Shift Work Etc

 

(a)        Subject to this award BCSC may direct an employee to transfer from:

 

(i)         one shift to another;

 

(ii)        shift work to day work; or

 

(iii)       day work to shift work,

 

at the applicable rate and, unless it is unreasonable, the employee shall transfer in accordance with such direction.

 

(b)        For the purposes of clause 10.2 (a) what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risks to employee health and safety;

 

(ii)        the employee’s personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the site; and

 

(iv)      any other relevant matters.

 

10.3      Change To System of Work

 

Where there is to be a change to the roster system (such as moving from an eight hour roster to a 12 hour roster), employees shall be given one roster cycle notice of the change.

 

11.  Redundancy

 

11.1      Application of Disputes Procedure

 

The parties recognise that, should any dispute arise from the implementation of this clause, the procedure as set out in clause 39, Conflict Resolution will be followed.

 

11.2      Application of Clause

 

This clause shall apply to all full time and part time employees.

 

11.3      Security of Employment Agreement

 

The process for the identification of redundant positions of full time employees and the management of what follows that identification will be in accordance with the Security of Employment Agreement a copy of which is set out in Schedule "B" to this award.

 

11.4      Notice

 

Employees being made redundant shall be given not less than four weeks notice to terminate their contract of employment or four weeks pay in lieu of notice or part notice and part payment in lieu of notice.

 

11.5      Redundancy Pay

 

An employee being made redundant shall receive the following redundancy entitlements:

 

(a)        four weeks’ severance pay;

 

(b)        one and one half weeks pay per year of service calculated on a monthly pro rata basis for incomplete years of service;

 

(c)        one weeks pay per year of service calculated on a monthly pro rata basis for incomplete years of service, up to a maximum of 26 weeks pay; and

 

(d)        an age benefit applied to the payments in clause 11 (b) and (c) as follows:

 

 

For the purpose of this sub clause for:

 

(a)        day workers weeks pay shall include the weekly ordinary time rate and any all purpose allowances; and

 

(b)        shift workers weeks pay shall also include a shift allowance (arising from clause 18 or 24) which will be based on average weekly payments of shift allowances over the preceding six months.

 

11.6      Seeking Alternative Employment

 

During a period of notice BCSC shall allow a redundant employee a reasonable amount of time off work without loss of pay to attend job interviews. BCSC shall be entitled to have any such interviews verified by the potential employer.

 

11.7      Sick Leave

 

All redundant employees shall be paid sick leave accruals in accordance with the Industrial Relations (Sick Leave) Amendment Act 1992.

 

11.8      Counselling

 

At the request of an employee, BCSC shall pay for and make available:

 

(a)        financial counselling from a mutually agreed and recognised financial adviser;

 

(b)        a mutually acceptable source to assist in preparing a resume for seeking alternative employment; and

 

(c)        a mutually acceptable source to provide out-placement counselling.

 

11.9      Medical

 

At the request of an employee, BCSC shall pay for and provide a termination medical equivalent to the pre-employment medical, plus a chest x-ray.  If available, a copy of the pre-employment medical shall be supplied.

 

11.10    Certificate of Service

 

All redundant employees will be supplied with a certificate of service and an Employment Separation Certificate.

 

11.11    Leaving Early

 

An employee may request to leave prior to the expiry of their notice period and any such request will be considered on its merits provided that all entitlements and accruals arising from this award shall be calculated to the expiry of the employees notice period.

 

11.12    Suitable Alternative Employment

 

BCSC will use its best endeavours to find suitable alternative employment within the Boral Group of companies for any employee, who is interested, and:

 

(a)        BCSC will pay for the reasonable costs of removalists from a mutually agreed source for any employee who is required to relocate when taking up alternative employment within the Boral Group of companies;

 

(b)        if anyone accepts alternative employment within the Boral Group and decides within 3 months of starting their new job that  it is not suitable, they may resign and still receive the benefits arising from clause 6.5 as applicable at the date their employment with BCSC terminated; and

 

(c)        upon accepting alternative employment within the Boral Group of companies BCSC will freeze (as a dollar sum) at the date of termination with BCSC what would otherwise have been the employee's redundancy pay arising from clause 11.5.  If their new employer makes the employee redundant during their first 24-month of employment BCSC shall pay to them the said frozen dollar sum in addition to whatever benefits they receive from their new employer.

 

11.13    Itemised Account

 

Redundant employees shall be given an itemised statement of all termination payments paid to them.

 

PART 3 PAY RATES AND RELATED MATTERS

 

12.  Classifications Etc

 

12.1      Levels

 

Subject to Schedule "A", an employee shall be classified by BCSC into one of the following levels:

 

 

12.2      Rates Of Pay

 

(a)        The weekly ordinary time rate of pay to be paid to an employee (for the appropriate level arising from clause 12.1) who has not made a wages sacrifice election in accordance with clause 36, is as set out in Part 10, Table 1 of this award.

 

(b)        The weekly ordinary time rate of pay to be paid to an employee (for the appropriate level arising from clause 12.1) who has made a wages sacrifice election in accordance with clause 36, is as set out in Part 10, Table 2 of this award except when:

 

(i)         overtime is worked in which case the relevant weekly ordinary time rate of pay in Part 10 Table 1 shall apply but only for the purposes of calculating the payment for overtime; and

 

(ii)        calculating allowances arising from clause 13.2, in which case the relevant weekly ordinary time rate of pay in Part 10 Table 1 shall apply but only for the purposes of calculating the said allowances.

 

12.3      Savings

 

It has been agreed that the employees set out in Schedule D will be maintained in their existing classification level and pay levels (including leading hand allowances where relevant) rather than be classified in accordance with a roles based structure referred to in Schedule B.  As such the rates of pay applicable to these employees will be increased by the percentage increase generally applicable to the rates of pay set out in Table 1 Wages.

 

13.  Additions to Wage

 

13.1      All Purpose Allowances

 

In addition to the rates of pay ascertained from clause 12.2, an employee shall receive the following allowances (paid for all purposes of this award):

 

(a)        Licence Allowance - An additional amount shall be paid per week to an employee employed and working as an Electrical Tradesperson and possessing the New South Wales Electrical Mechanic's Licence issued under the Electricity Development Act 1945 as set out in Items 1 and 2 of Table 2 - Other Rates and Allowances, of Part 10, Monetary Rates.

 

(b)        Tool Allowance - In addition to the rates of pay set out in Table 1 of Part 10, the Tool Allowances set out in Items 3, 4, 5 and 6 of Table 2 shall apply.

 

(c)        Disability Allowance - In addition to the rates prescribed herein, a disability allowance per week as set out in Item 7 of Table 2 shall apply.

 

(d)        A bricklayer and an employee appointed to assist the bricklayer in the alteration or repair to   kilns or refractory work shall be paid an additional amount per hour as set out in Item 10 of Table 2, whilst so engaged.

 

13.2      Allowances (Not All Purpose)

 

In addition to the rates of pay ascertained from clause 12.2, an employee shall receive the following allowances (not paid for all purposes of this award):

 

(a)        An employee required to work in the following shall, be paid an additional 50 per cent of their ordinary-time rate of pay:

 

(i)         Inside mills, within two hours of these having been shut down.

 

(ii)        Inside any rotary kiln, or kiln precipitator, within 12 hours of the kiln being shut down.

 

(iii)       Lime Plant (Quicklime) Marulan:

 

(A)       Scraper feed gates and scraper cooling fan whilst kiln is operating or within 12 hours of the kiln being shut down.

 

(B)       Barker dust collector situated on the 400 tonne bin.

 

(C)       Dust collector on top of 100 tonne bin.

 

(D)       Twin cell dust collector.

 

(E)        Rusden-Birrel dust collector.

 

(iv)      Inside the slag drying chamber at Maldon whilst heat is retained in the combustion chamber.

 

(b)        An employee required to work in the rain for a continuous period of more than one hour shall be paid an additional 50 per cent of their ordinary-time rate of pay for time so worked.

 

(c)        An employee required to perform the following shall, be paid an additional 25 per cent of their ordinary-time rate of pay:

 

(i)         breaking down by hand inside cement silos, raw mill bins or Berrima No. 6 kiln cyclones;

 

(ii)        working inside wet slurry tanks.

 

(d)        An additional amount per hour as set out in Item 8 of Table 2 shall be paid for:

 

(i)         cleaning and/or repair of roofs in excess of six metres from ground level;

 

(ii)        poking and cleaning a pre-heater;

 

(iii)       working inside an Electrostatic Precipitator;

 

(iv)      Berrima Snow Man;

 

(v)       working with equipment used for the receipt of wet or dry slag at Maldon; or

 

(vi)      working with equipment used for the handling of dry slag in the following areas:

 

(A)       up to the discharge of conveyor belt No. 136;

 

(B)       short slag belt, the dry slag bin, slag weigh feeder;

 

(C)       other conveying and feeding equipment used in transporting dry slag from the slag dryer up to and including the mill feed conveyors; or

 

(D)       where employees are required to clean up a large spillage or accumulation of dry slag which involves working in a confined area such as Belts nos. 103, 104 or 105 continuously for 20 minutes or more, other than by the vacuum cleaning system.

 

(e)        Employees required to use explosive-powered tools shall be paid an additional amount per day as set out in Item 9 of Table 2.

 

(f)         An employee engaged in either the preparation and/or the application of epoxy-based materials or materials of a like nature shall be paid an additional amount per hour as set out in Item 11 of Table 2.

 

Where there is an absence of adequate natural ventilation, BCSC shall provide ventilation by artificial means and/or supply an approved type of respirator and, in addition, protective clothing shall be supplied consistent with the requirements of the Occupational Health and Safety Act 2000.

 

Employees working in close proximity to employees so engaged shall be paid an additional amount per hour as set out in Item 12 of Table 2.

 

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 shall be deemed to be materials of a like nature.

 

(g)        Painters engaged on spray painting, which is carried out in other than a properly constructed booth approved by the Department of Industrial Relations, Employment, Training and Further Education, shall be paid an additional amount per hour as set out in Item 13 of Table 2.

 

(h)        Persons employed upon any chokage or oil chokage (other than  domestic) and who are required to open up any soil pipe, waste pipe or drain pipe conveying offensive material, or scupper containing sewage, shall be paid an additional amount per day or part thereof as set in Item 14 of Table 2.

 

(i)         An employee required to break down by hand inside an off-white kiln and cement mill electrostatic precipitator shall be paid an additional 25 per cent of their ordinary-time rate of pay while so engaged.

 

14.  Penalties Not Cumulative

 

14.1      Shift Allowances Etc

 

Shift allowances and allowances set out in clause 13.2 shall not be subject to any premium or penalty additions.

 

15.  Payment of Wages

 

15.1      Electronic Funds Transfer

 

Wages shall be paid weekly by means of electronic funds transfer to an account in a recognised financial institution.

 

15.2      Late Pay

 

When an employees wages are not in their nominated account on the designated pay day BCSC if requested to do so by the employee, must use their best endeavours to provide their wages by conclusion of the next day’s shift.

 

16.  Timekeeping

 

16.1      Decimal Proportion

 

BCSC shall:

 

(a)        utilise, for time keeping purposes, the decimal proportion 0.1 of an hour; and

 

(b)        apply such proportion in the calculation of an employees working time.

 

16.2      Latecomers

 

If an employee:

 

(a)        does not commence work at the time they are rostered to; or

 

(b)        ceases work before their rostered finish time,

 

BCSC may pay them only for the time that they actually worked.

 

17.  Overtime

 

17.1      Payment for Other than Continuous Shift Workers

 

(a)        Subject to this award, for all work performed by an employee outside of and/or in excess of an employees ordinary hours an employee shall be paid at the rate of time and one-half for the first two hours and double time thereafter; such double time to continue until the completion of the overtime worked.

 

(b)        Employees required to work twelve hour continuous shifts (eight hour shifts plus four hours of overtime) for five or more consecutive shifts for the specific purpose of major repair or maintenance to plant and equipment shall during such a period of work be paid at the rate of double time for overtime.

 

17.2      Payment for Continuous Shift Workers

 

(a)        All time worked in excess of the ordinary working hours prescribed by this award by continuous shift workers shall be paid at the rate of double time.

 

(b)        Clause 17.2 (a) shall not apply when the time is worked:

 

(i)         by arrangement between the employees themselves; or

 

(ii)        for the purpose of effecting the customary rotation of shifts.

 

17.3      10 Hour Rest Period

 

(a)        When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.  An employee who works so much overtime between the termination of their work on one day and the commencement of work on the next day that they have not had at least 10 consecutive hours off duty between those times shall, subject to clause 17.3, be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during their absence.

 

(b)        If, on the instructions of BCSC, such employee resumes or continues work without having had such 10 consecutive hours off duty, they shall be paid at double rates until released from duty for such period and then shall be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

 

 

17.4      Call Out

 

(a)        An employee shall be paid a "call out" where they are recalled to work after having left the site and shall be paid a minimum of four hours at overtime rates for such work.

 

(b)        Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job they were recalled to perform is completed within a shorter period.

 

(c)        Clause 17.4 (a) shall not apply:

 

(i)         where the employee is notified that such overtime is to be continuous (subject to a reasonable meal break) with the completion or commencement of their ordinary working time; or

 

(ii)        to pre-arranged overtime where the employee has been notified at least the day before.

 

17.5      10 Hour Rest Period for Day Workers Called Out

 

(a)        Subject to clause 17.5 (b), any day worker after being called out who ceases work after 11.00pm shall have a 10 hour break without loss of ordinary pay before commencing their next ordinary shift unless BCSC and the employee agree otherwise.  In which case the employee shall be paid at double rates until released from duty for such period and then shall be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(b)        A day worker called out to work up to two hours before the commencement of their normal shift shall not be entitled to a 10 hour break in accordance with clause 17.5 (a).

 

17.6      10 Hour Rest Period for Shift Workers Called Out

 

A shift worker called out between 2 and 8 hours before the commencement of their next ordinary shift shall have a 10 hour break without loss of ordinary pay before commencing their next ordinary shift unless BCSC and the employee agree otherwise.  In which case the employee shall be paid at double rates until released from duty for such period and then shall be entitled to be absent until they have had 10 hours consecutive hours off duty without loss of pay for ordinary working time occurring such absence.

 

17.7      Notice of Overtime Worked at Commencement of Next Shift

 

Wherever practicable, an employee required to work overtime as an extension of the commencement of an ordinary day or shift shall be advised thereof prior to leaving work.

 

17.8      Overtime Meal Breaks

 

(a)        An employee who is required to work overtime for 2 hours after the employee’s normal ceasing time shall be allowed a paid meal break of 20 minutes provided that the overtime continues after the meal break.

 

(b)        An employee shall be allowed a similar paid meal break after every subsequent 4 hours of overtime worked provided that the overtime continues after the meal break.

 

17.9      Meal Money

 

(a)        An employee required to work overtime for more than 2 hours after their ordinary ceasing time without having been notified before leaving work on the previous day or shift that they would be required to work overtime shall be:

 

(i)         provided, free of cost, with a suitable meal; or

 

(ii)        paid the sum as set out in Item 16 of Table 2 - Other Rates and Allowances, of Part 10, Monetary Rates.

 

(b)        If an employee’s overtime work extends into a second or subsequent break they shall be:

 

(i)         provided with another meal; or

 

(ii)        paid the sum as set out in Item 17 of Table 2.

 

(c)        If an employee, after being notified, has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, they shall be paid the sum in clause 17.9 (a) (ii) for the meals which they have provided but which are surplus.

 

17.10    Requirement To Work Reasonable Overtime

 

(a)        Subject to clause 17.10 (b), BCSC may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

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

 

(c)        For the purposes of clause 17.10 (b) what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risks to employee health and safety;

 

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

 

(iii)       the needs of the site;

 

(iv)      the notice (if any) given by BCSC of the overtime and by the employee of their intention to refuse it; and

 

(v)       any other relevant matters.

 

17.11    Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of BCSC, to take time off in lieu of payment for overtime at a time or times agreed with BCSC within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with clause 17.11 (a), the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with clause 17.11 (a), the employee shall be paid overtime rates in accordance with the award.

 

17.12    Make-up Time

 

(a)        An employee may elect, with the consent of BCSC, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of BCSC, 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.

 

18.  Saturday, Sunday and Holiday Rates

 

18.1      Shift Workers on Saturday

 

Time worked on rostered shifts by shift workers on Saturdays shall be paid for at the rate of time and one-half.

 

18.2      Sundays

 

Time worked on Sundays shall be paid for at double the ordinary rate of pay.

 

18.3      Holidays

 

Time worked on holidays shall be paid for at double and a half the ordinary rate of pay.

 

18.4      Minimum Engagement

 

An employee required to work overtime on a Saturday, Sunday or public holiday shall be afforded a minimum of four hours' work or paid for four hours at the appropriate rate.

 

19.  Short Term Transfer

 

19.1      Short Term Transfer to Shift Work

 

Day workers required to transfer to afternoon or night shift for a period of not less than eight hours on less than five consecutive shifts shall be paid at the rate of time and one-half, except on Saturdays, Sundays and public holidays, when the appropriate penalty rates shall apply.

 

19.2      Short Term Transfer to Day Work

 

Shift workers required to transfer to day work for a period of not less than eight hours on less than five consecutive days shall be paid at the rate of time and one-half, except on Saturdays, Sundays and public holidays, when the appropriate penalty rates shall apply.

 

PART 4 - DAY WORKERS

 

20.  Hours of Work

 

20.1      Average Week

 

The ordinary hours of work each week for day workers shall be an average of 38 exclusive of meal breaks.

 

20.2      Spread of Hours

 

A day workers ordinary hours of work shall be worked:

 

(a)        on any day Monday to Friday inclusive; and

 

(b)        between the hours of 6.00 am and 6.00 pm; or

 

(c)        between such spread of hours as is agreed to between BCSC and the majority of employees in the department and the accredited representative of the union concerned.

 

20.3      12 Hour Days

 

Despite clause 20.2, ordinary hours of work for day workers may be up to 12 hours a day by agreement between BCSC and the majority of employees in the department and the accredited representative of the union concerned subject to:

 

(a)        proper health and well being program being maintained;

 

(b)        suitable roster arrangements being made; and

 

(c)        adequate supervision being provided.

 

20.4      Change of Roster To Shift Work

 

BCSC may change the roster of a day worker so that they work shift work by giving them:

 

(a)        48 hours notice of the change; or

 

(b)        less than 48 hours notice of the change provided that they are paid overtime rates for any such shift in respect of which they were not given at least 48 hours notice.

 

20.5      Rostered Days Off

 

(a)        An employee may elect, with the consent of BCSC, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of BCSC, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of BCSC, 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 BCSC and the employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to BCSC informing each union which is both party to the award and which has members employed at the particular site of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

21.  Meal Breaks

 

21.1      Work Before Break

 

A day worker shall not be required to work for more than six ordinary hours of work without a break for a meal which shall be taken as unpaid.

 

21.2      Continuity of Operations Etc

 

The time of a day worker taking a scheduled meal break may be altered by agreement between them and BCSC or by BCSC if it is necessary to maintain continuity of operations or to meet operational requirements.

 

21.3      Working Through a Meal Break

 

A day worker shall be paid at the rate of time and one half of ordinary time for all work done during their scheduled meal break and thereafter until a meal break is taken.

 

22.  Rest Breaks

 

22.1      Daily Break

 

A day worker shall be given a paid rest break of ten (10) minutes each day.

 

22.2      Continuous Operation Etc

 

The time of a day worker taking a scheduled rest break may be altered by agreement between them and BCSC or by BCSC if it is necessary to maintain continuity of operations or to meet operational requirements.

 

PART 5 - SHIFT WORKERS

 

23.  Hours of Work

 

23.1      Ordinary Hours

 

The ordinary working hours of shift workers shall not exceed:

 

(a)        38 per week;

 

(b)        76 in 14 consecutive days;

 

(c)        114 in 21 consecutive days; or

 

(d)        152 in 28 consecutive days.

 

23.2      Commencing and Finishing Times of Shifts

 

The time of commencing and finishing shifts, once having been determined, may be varied by agreement between BCSC and the majority of employees and the accredited representative of the union in the section of the site concerned to suit the circumstances of the section of the site.

 

24.  Shift Work - General

 

24.1      Shift Allowances

 

Shift workers, whilst on afternoon or night shift, shall be paid an allowance as set out in Item 15 of Table 2 - Other Rates and Allowances, of Part 10, Monetary Rates.

 

24.2      Change of Roster To Day Work

 

BCSC may change the roster of a shift worker so that they work day work by giving them:

 

(a)        48 hours notice of the change; or

 

(b)        less than 48 hours notice of the change provided that they are paid overtime rates for any such day in respect of which they were not given at least 48 hours notice.

 

24.3      Change of Roster To Other Shift

 

BCSC may change the roster of a shift worker so that they work a different shift by giving them:

 

(a)        48 hours notice of the change; or

 

(b)        less than 48 hours notice of the change provided that they are paid overtime rates for any such shift in respect of which they were not given at least 48 hours notice.

 

25.  Meal Breaks

 

25.1      Work Before Break

 

A shift worker shall not be required to work for more than six ordinary hours of work without a break for a meal which shall be 20 minute break which shall be counted as time worked.

 

25.2      Continuity of Operations Etc

 

The time of a shift worker taking a scheduled meal break may be altered by agreement between them and BCSC or by BCSC if it is necessary to maintain continuity of operations or to meet operational requirements.

 

26.  Rest Breaks

 

26.1      Daily Break

 

A shift worker shall be given a paid rest break of ten (10) minutes each day.

 

26.2      Continuous Operation Etc

 

The time of a shift worker taking a scheduled rest break may be altered by agreement between them and BCSC or by BCSC if it is necessary to maintain continuity of operations or to meet operational requirements.

 

26.3      Combining With Meal Break

 

By agreement with an employee, BCSC may combine a shift workers rest break with their paid meal break so as to enable a 30 minute paid meal break.

 

PART 6 - LEAVE AND HOLIDAYS

 

27.  Holidays

 

27.1      Entitlement

 

Subject to clause 27.2 and 27.3, the days on which the following holidays are observed shall be granted to an employee without loss of pay as a holiday:

 

(a)        New Year's Day;

 

(b)        Australia Day;

 

(c)        Good Friday;

 

(d)        Easter Saturday;

 

(e)        Easter Monday;

 

(f)         Anzac Day;

 

(g)        Queen's Birthday;

 

(h)        Eight Hour Day;

 

(i)         Christmas Day;

 

(j)         Boxing Day; and

 

(k)        a union picnic day to be taken at a mutually agreed time; and

 

(l)         any additional day gazetted as a public holiday for the State.

 

27.2      Substitute Days

 

If a day is gazetted as a substitute day for the days referred to in (a) to (j) of clause 27.1 then the substitute day shall be the holiday in lieu of the day in clause 27.1.

 

27.3      Absence

 

When an employee is absent from work on the working day before or the working day after a holiday, without reasonable excuse or without the consent of BCSC, then an employee shall not be entitled to payment for such holiday.

 

27.4      Rostered Days Off

 

Where a rostered day off falls on a public holiday for employees other than continuous shift workers the rostered day off shall be taken on the ordinary working day immediately preceding or succeeding such public holiday as the case may be.

 

28.  Annual Leave

 

28.1      Entitlement

 

See Annual Holidays Act, 1944 as amended.

 

28.2      Single Days

 

(a)        An employee may elect with the consent of BCSC, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        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.

 

28.3      Continuous Shift Workers

 

(a)        Continuous shift workers with a period of twelve months continuous service on 31 December each year less the period of annual leave, shall be allowed a further period of seven consecutive days' leave, inclusive of non-working days, with 38 hours' pay at ordinary rates in addition to the period of leave to which they are entitled under the said Annual Holidays Act 1944 as amended.

 

(b)        An employee who, during the twelve months prior to annual leave falling due, has been engaged for part of that period as a continuous shift worker, shall be entitled to a due proportion of the additional seven days' leave for which they shall be paid at ordinary rates for three and one-sixth hours for each month of service as a continuous shift worker.

 

(c)        Any continuous shift worker whose employment is terminated through no fault of their own or who leaves their employment in circumstances which do not amount to misconduct, shall be paid three and one-sixth hours at ordinary rates for each month of service as a continuous shift worker during the current 12-month period in addition to the amount due under the Annual Holidays Act 1944 as amended.

 

(d)        For the purposes of this clause 28.3, the number of months of service shall be calculated by dividing the total of ordinary shifts   worked during the qualifying period by nineteen.  Any remainder of nine and one-half or over shall count as a month and, if less than nine and one-half, shall be disregarded.

 

(e)        The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by clause 28.3 (c), payment shall not be made or accepted in lieu of the additional annual leave.

 

(f)         When a public holiday for which a continuous shift worker is entitled to payment under this award occurs during the period of additional annual leave provided for by clause 28.3, the said period of leave shall be increased by one day.

 

29.  Annual Leave Loading

 

29.1      Payment of Loading

 

Whenever an employee enters a period of annual leave an employee shall be paid, in addition to an employee’s annual leave pay a loading of 20 percent on top of an employees annual leave pay.

 

29.2      Calculation of Loading

 

The loading is to be calculated on an employee’s ordinary rate of pay that is applicable immediately before commencing annual leave, excluding any other allowances, penalty rates, premiums, overtime or any other payments prescribed by this award.

 

29.3      Shift Workers

 

If an employee is a shift worker when they enter a period of annual leave then they shall be entitled to the greater or the annual leave loading in clause 29.1 or their shift work allowances and/or weekend penalty rates for the ordinary time (not including time on a public holiday) which they would have worked during the period of the leave.

 

29.4      Payment on Termination

 

On termination, annual leave loading will be paid to an employee with 12 or more month’s continuous service.

 

30.  Parental Leave and Personal Carers Leave

 

30.1      Parental Leave

 

See Industrial Relations Act 1996 (Cth) as amended.

 

30.2      Personal Carers Leave

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in clause 30.2 (c) (ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 33 of the award, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        An employee shall, if required, establish 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.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         an employee being responsible for the care and support of the person concerned; and

 

(ii)        the person concerned being:

 

(A)       an employees spouse; or

 

(B)       a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person or;

 

(C)       a child or an adult child (including an adopted child, a step child, a foster child or an exnuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of yours; or

 

(D)       a same sex partner who lives with an employee as an employees de facto partner on a bona fide domestic basis; or

 

(E)        a relative who is a member of the same household, where for the purposes of this paragraph:

 

"relative" means a person related by blood, marriage or

 

affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give BCSC notice prior to the absence or the intention to take leave, the name of the person requiring care and that person's relationship to an employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for an employee to give prior notice of absence, then an employee shall notify BCSC by telephone of such absence at the first opportunity on the day of absence.

 

30.3      Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of BCSC, to take unpaid leave for the purpose of providing care and support to a class of person set out in clause 30.2 (c) (ii) above who is ill.

 

31.  Bereavement Leave

 

31.1      Entitlement

 

An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in clause 30.2 (c) (ii).

 

31.2      Notification

 

The employee must notify BCSC as soon as practicable of the intention to take bereavement leave and will, if required by BCSC, provide to the satisfaction of BCSC proof of death.

 

31.3      Responsibility For Care

 

Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s leave in clause 30.2 (c) (ii), provided that for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

31.4      Bereavement Leave Not When Other Leave Granted

 

An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

31.5      Bereavement Leave In Conjunction With Other Leave

 

Bereavement leave may be taken in conjunction with other leave available under clause 30.3, 28.2, 17.11 and 17.12.  In determining such a request BCSC will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

32.  Jury Service

 

32.1      Entitlement

 

If an employee is required to attend for jury service:

 

(a)        during an employees ordinary working hours an employee shall be reimbursed by BCSC an amount equal to the difference between the amount paid in respect of an employees attendance for such jury service and the amount of wages an employee would have received in respect of the ordinary time an employee would have worked had an employee not been on jury service; or

 

(b)        immediately following an ordinary night shift or immediately preceding an ordinary afternoon shift on which the employee is rostered to work and, as a result of attending for jury service, they are not reasonably able to report for work on their next shift they shall be reimbursed by BCSC an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage they would  have received in respect of the ordinary time they would have worked had they not been on jury service.

 

32.2      Notification

 

An employee must notify BCSC as soon as possible of the date upon which an employee is required to attend for jury service.  Further, an employee must give BCSC proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

33.  Sick Leave

 

33.1      Entitlement

 

An employee who is unable to attend for duty during their ordinary working hours by reason of personal illness or personal incapacity, not due to their own serious and wilful misconduct, shall be entitled to be paid at ordinary-time rates of pay for the time of such non-attendance, subject to the following:

 

(a)        They shall not be entitled to paid leave of absence for any period in respect of which they is entitled to workers' compensation.

 

(b)        They shall, as soon as reasonably practicable and within eight hours of commencement of such absence, inform BCSC 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 such absence.  If it is not reasonably practicable to inform BCSC within eight hours of such absence, the employee shall inform BCSC within 24 hours of such absence.

 

(c)        They shall prove to the satisfaction of BCSC or, in the event of a dispute, the Industrial Relations Commission of the New South Wales, that he/he is or was unable, on account of such illness or incapacity, to attend for duty on the day or days for which payment under this clause is claimed.

 

(d)        They shall be entitled to sick leave not exceeding 38 ordinary working hours in the first year of employment and 76 ordinary working hours in each subsequent year of employment.

 

(e)        Any period of paid sick leave allowed by BCSC to an employee shall be deducted from the period of sick leave which may be allowed or may be carried  forward under this award or in respect of the earliest year of employment for which the employee has an accumulated or accrued right.

 

33.2      Accumulation

 

If the full period of sick leave as prescribed is not taken in any year, such portion as is not taken shall be cumulative for a period of four years from the end of the year in which it accrues.  Provided that:

 

(a)        from 1 May 2004 if the full period of sick leave is not taken in any year by an employee employed after 1992, the whole or any untaken portion shall be cumulative from year to year; and

 

(b)        the hours of accumulated sick leave standing to the credit of each employee as at 28 August 1984 shall be adjusted by multiplying the total hours of sick leave as at that date by 38/40.

 

Notation: Employees employed before 1993 enjoy, as a matter of administrative practice, certain sick leave benefits.  Nothing in this sub clause is intended to change that practice.

 

33.3      First Three Months Employment

 

In the case of any employee who otherwise is entitled to payment under this clause but who, at the time of the absence concerned, has not given three months' continuous service in their current employment with  BCSC, the right to  receive payment shall  not arise until they has given such service.

 

33.4      Continuous Service

 

For the purpose of this clause, continuous service shall be deemed not to have been broken by any absence from work:

 

(a)        on leave granted by BCSC; or

 

(b)        by reason of personal illness, injury or other reasonable cause proof whereof shall, in each case, be upon the employee; provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

33.5      Election

 

Despite clause 33.2, an employee employed before 1993 may elect to forgo the benefits associated with the taking of sick leave for employees employed before 1993 and in lieu thereof, from the date of any such election, if the full period of sick leave is not taken in any year by the employee the whole or any untaken portion shall be cumulative from year to year.

 

Notation: In making this election a person employed by BCSC before 1993 will in effect receive the same sick leave benefits enjoyed by a person employed by BCSC after 1992 from that point onwards.

 

33.6      Maldon Sick Leave

 

Nothing in this award effects the sick leave arrangements operating at Maldon as at the date of the making of this award.

 

34.  Long Service Leave

 

34.1      Entitlement

 

See Long Service Leave Act, 1955 as amended and the Long Service Leave (Metalliferous Mining Industry) Act 1963 as amended.

 

PART 7 - SUPERANNUATION

 

35.  Superannuation Benefits

 

35.1      Obligation

 

The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.  The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

Notation: To avoid any doubt any employee shall have freedom to choose their superannuation fund in accordance with the Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2004 (Cth).

 

36.  ‘Wages Sacrifice’ in Return for Increased Employer Funded Superannuation

 

36.1      Preamble

 

This clause has been included in this award because it allows full time employees to elect to forgo part of their weekly ordinary time rate of pay for increased employer funded superannuation benefits on the basis that this is tax beneficial for the employee and at only minimal additional (administrative) cost to BCSC. 

 

The parties acknowledge that if a full time employee makes this election their weekly ordinary time rate of pay will be reduced (because BCSC will be funding more superannuation for them) except when:

 

(a)        calculating overtime in which case the relevant weekly ordinary time rate of pay applicable before they made their election shall apply but only for the purposes of calculating the said overtime; and

 

(b)        calculating allowances arising from clause 13.2 in which case the relevant weekly ordinary time rate of pay applicable before they made their election shall apply but only for the purposes of calculating the said allowances.

 

36.2      Wages Sacrifice Election

 

A full time employee may elect to forgo receiving part of their weekly ordinary time rate of pay in return for increased employer funded superannuation by completing the election form set out in Schedule "E" of this award.

 

36.3      BCSC to Fund Increased Superannuation

 

Whenever a full time employee has made an election referred to in clause 36.2 BCSC shall provide the employee with employer funded superannuation contributions in the amount elected in addition to any statutory contributions.

 

36.4      Change to Sacrifice Amount

 

Having made an election in accordance with this clause an employee may rescind or vary their election by completing a further election form as set out in Schedule "E" of this award to have effect on and only on 1 January or 1 July each year.

 

36.5      Cessation & Suspension of Wages Sacrifice Election

 

Despite anything else in this clause:

 

(a)        should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon BCSC than those applicable at the commencement of the operation of this clause then BCSC may serve a notice upon each employee of their intention to cease the wages sacrifice for them and upon the first full pay period to commence on or after the service of the notice the wages sacrifice election shall cease to operate;

 

(b)        if an employee has made a wages sacrifice election in accordance with this clause and then enters a period of leave without pay the wages sacrifice election shall be suspended for the period of such leave; and

 

(c)        during any period when an employee is injured or incapacitated and in receipt of workers’ compensation payments, BCSC will continue to provide the employee with employer funded superannuation contributions in the amount elected in addition to any statutory contributions while the employee is still employed by BCSC, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee’s injury or incapacitation.

 

36.6      Age Based Contribution Limit

 

Despite anything else in this clause an employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age-based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1936 (Cth).

 

PART 8 - SAFETY ETC

 

37.  Protective Clothing

 

37.1      Entitlement

 

At the commencement of an employees employment BCSC shall provide them with such clothing allowance as applies at the particular site which shall be replaced on an item for item exchange basis.

 

38.  Protective Equipment

 

38.1      Entitlement

 

BCSC shall:

 

(a)        provide an employee with all personal protective equipment required to perform their work and;

 

(b)        replace such articles, when, in the opinion of BCSC, they are no longer in a serviceable condition and an employee shall return the corresponding article.

 

39.  Accident Pay

 

39.1      Entitlement

 

(a)        An employee shall be entitled to payment of accident pay where they receive an injury for which compensation is payable to the employee pursuant to the provisions of the Work Place Injury Management Act 2000 as amended.

 

(b)        Accident pay means the payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the said Act and the employee's ordinary rate of pay for 38 hours or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the ordinary rate for that period.

 

(c)        Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity is continuing at the expiration of the first two weeks of employment, in which case accident pay shall only be payable in respect of that part of such period of incapacity which extends beyond the first two weeks of employment.

 

(d)        BCSC shall pay, or cause to be paid, accident pay as defined in subclauses (b) and (c) above during the incapacity of the employee arising from any one injury for a total of 52 weeks, whether the incapacity is in one continuous period or not.

 

(e)        The termination of the employee's employment shall in no way affect the liability of accident pay as provided in this clause.

 

(f)         In the event of an employee receiving a lump sum in redemption of weekly payments under the said Act, the liability of BCSC for accident pay (for which weekly payments have been recovered) shall cease from the date of such redemption.

 

(g)        Where the employee recovers damages from a third party in respect of the said incapacity independently of the said Act, they shall be liable to repay to BCSC the amount of accident pay which they received under this clause and the liability of BCSC for accident pay shall cease.

 

PART 9 - WORKPLACE RELATIONS

 

40.  Anti Discrimination

 

40.1      Obligation

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award that, by its terms or operation, has a direct or indirect discriminatory effect.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(d)        Nothing in this clause is to be taken to affect:

 

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

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

(iii)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(iv)      a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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

 

NOTATION:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)       Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

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

 

41.  Disputes Settling Procedure

 

41.1      Steps

 

(a)        The purpose of this clause is to seek to eliminate disputes which result in stoppages, bans or limitations, especially those in the nature of a "protest", and it is agreed that the parties to this award shall confer in good faith with a view to resolving the matter by direct negotiation and consultation to enable claims, issues and disputes to be progressed while work proceeds normally.

 

(b)        Subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

(i)         Whilst this procedure is being followed work shall continue normally in accordance with current custom or practice.  No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this clause.

 

(ii)        Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee or employees and the supervisor.

 

(iii)       If the matter is not resolved at this level the matter will be further discussed between the union delegate and/or employee concerned and site Management.  BCSC's industrial relations representative and relevant union organiser are to be notified.

 

(iv)      If the matter is still not satisfactorily resolved, the relevant union organiser and union delegate and/or employee concerned will discuss the matter with BCSC's industrial relations representatives.

 

(v)       Should the matter still not be resolved, it will be referred by the parties to the Industrial Relations Commission of New South Wales for settlement.

 

42.  Consultation

 

42.1      Consultative Committee

 

A consultative committee will be established at each site to aid the consultative process consistent with the size, structure and nature of the operations of the site concerned.

 

42.2      Decision Making Not Effected

 

A consultative committee should promote genuine consultation and communication but it does not replace either BCSC's or the employees/unions decision making processes.

 

42.3      Southern Highlands Steering Committee

 

BCSC recognises the "Southern Highlands Steering Committee" as the forum for dealing with issues that are common to the Berrima, Maldon and Marulan sites such as the renegotiation of this award.

 

43.  Delegates

 

43.1      Recognition

 

BCSC shall recognise the accredited delegate and co-delegate of a union upon receiving written confirmation from the union.

 

43.2      Time

 

BCSC shall provide a delegate and co-delegate with reasonable time while at work to perform the proper functions of a delegate or co-delegate.

 

44.  Leave Reserved

 

44.1      Reserved Matters

 

(a)        Leave is reserved to the unions to apply as they see fit in relation to:

 

(i)         the role of the Southern Highlands Steering Committee;

 

(ii)        clause 43;

 

(iii)       clause 17.5; and

 

(iv)       employee involvement in continuous improvement programs.

 

(b)        Leave is reserved to the parties to apply as they see fit in relation to Schedule A and C.

 

45.  Preservation

 

45.1      Commitment

 

The Federal Government has announced certain reforms to industrial relations generally in Australia.  This award may become a Federal Transitional Agreement as a consequence of these proposals.  As such it may be subject to a ‘simplification’ process.  In the event that an award provision is deleted in any future award simplification process, the parties will, subject to the requirements of section 170MD of the Act, consent to make a certified agreement for the purposes of incorporating that award provision.

 

46.  No Extra Claims

 

46.1      Commitment

 

No further claims for improvements in wages or conditions shall be made before 1 May 2009.

 

PART 10 - MONETARY RATES

 

Table 1 - Rates of Pay

 

Weekly Rates of Pay

 

 

Weekly Rates of Pay

 

Operative from the first full pay period to commence on or after 1 December 2005:

 

 

Operative from the first full pay period to commence on or after 1 May 2006:

 

 

Operative from the first full pay period to commence on or after 1 May 2007:

 

 

Operative from the first full pay period to commence on or after 1 May 2008:

 

 

Apprentice Rates of Pay

 

Operative from the first full pay period to commence on or after 1 December 2005:

 

Apprenticeship Year	Weekly Wage	Level 5 %
1st Year	$299.12	39.50%
2nd Year	$397.56	52.50%
3rd Year	$567.94	75.00%
4th Year	$655.03	86.50%

 

Operative from the first full pay period to commence on or after 1 May 2006:

 

 

Operative from the first full pay period to commence on or after 1 May 2007:

 

 

Operative from the first full pay period to commence on or after 1 May 2008:

 

 

Table 2 - Other Rates and Allowances

 

Operative from the first full pay period to commence on or after 1 December 2005:

 

 

Operative from the first full pay period to commence on or after 1 May 2006:

 

 

Operative from the first full pay period to commence on or after 1 May 2007:

 

 

Operative from the first full pay period to commence on or after 1 May 2008:

 

 

SCHEDULE A

 

BLUE CIRCLE SOUTHERN CEMENT ROLES BASED STRUCTURES

 

 

SCHEDULE B

 

This is a true copy of the Security of Employment Agreement made in 2000.

 

SECURITY OF EMPLOYMENT

 

While there are no anticipated large scale manning changes, it is still important to have an agreed process for handling Redundancies, whereby, as redundant positions are identified and agreed, then those who wish to take advantage of a voluntary redundancy offer are free and able to do so. This could be either directly - if the redundant position is their own - or indirectly, if another wishes to go, and a transfer is made from the redundant position to the position where the person wishes to go.

 

The existing arrangement does not have a clearly defined and agreed process and as a result there have been delays, debate and industrial disputation over redundant positions.

 

The Company is prepared to continue commitment to Employment Security in this Enterprise Agreement.

 

This commitment is given, understanding that:

 

1.          it is part of the total package agreed for the EA i.e. Wages Outcome, and Log of Claims issues;

 

2.          while we agree to maintain employment, this may mean that employees may have to move to other "meaningful work" as defined below;

 

3.          at the same time as the Company is committed to employment security, we ask that employees be prepared to transfer to other "suitable positions" and undergo retraining if necessary;

 

4.          this commitment cannot cover major unforeseen structural changes to the business;

 

5.          we develop and use an agreed process for implementing change quickly and effectively;

 

6.          this agreement would be included into our award.

 

We believe the process to be as follows.

 

1.          In order to keep our business competitive and viable, we may need during the life of the agreement to introduce changes in technology, process or procedures etc. This in turn may lead to positions being identified as redundant by the company.

 

2.          As has been our practice, we will have proper consultation on the need for positions to be redundant and seek to reach agreement with all affected parties and their representatives.  There may be issues that come out of these discussions that are not agreed upon -eg after a position is made redundant the pay levels of those that remain in the area concerned or the level of manning in the area concerned, or generally. Any such disagreements will be resolved if at all possible in the work area.

 

3.          Once agreement is reached (and outstanding issues such as manning etc are resolved), then a Voluntary Redundancy package will be offered.

 

4.          If the person occupying the redundant position doesn’t wish to take the offer, discussion will take place as to the available options, following consultation with all affected work groups to identify suitable positions. He may accept a suitable position identified or take a Redundancy and leave - or he may take on a project as an interim position until a suitable position becomes available -or he might remain in his existing job as an interim position until a suitable alternative becomes available. The person, his workgroup and his supervisor should agree to this.

 

5.          The question of ‘suitability’ of the position will depend on the nature of the work, the skills and competencies required - and those held by the person concerned and satisfying the test of ‘meaningful work’. Training may be required to fulfil the suitable position.

 

6.          Once a suitable position becomes available, it will be assessed against those employees in interim positions and the most suitable person will be offered that position.

 

7.          If the person does not accept the vacant position, it will be offered to the next most suitable person, until the position is filled.

 

8.          If no person in an interim position takes the vacant position then the company will appoint the most suitable person to the vacant position (The current company selection process will be used).

 

9.          To avoid any further doubt, people in interim positions will remain in those positions until they move into a vacant position.

 

Important Principles -

 

If Disagreements occur, the issues will be fully discussed at the site level, including the site committee. If agreement cannot be reached either party may apply to the Industrial Commission of NSW for resolution of the matter.

 

Protection of Rates and Conditions of Employment: We offer a pay retention agreement, as follows:  "Where the reason for the move is due to a position becoming redundant: a person’s grade is held for 2 years after which the rate of pay is held until such time as it matches the applicable rate of the new position. Shift allowance (including shift penalties) is phased out over 2 years, from the date of change.

 

Meaningful Work Consistent with Classification Structure & Skills: It is the company’s intention to usefully employ people whose positions are redundant. This might mean staying in their current position or moving to a different area. It will be discussed with the employee on a case-by-case basis. Trades people will not be forced into non-Trades positions - or vice versa. It is not our intention to use the Yard crew as a ‘dumping ground’, nor to force people into positions for which they are unsuited, nor to force people to relocate to other sites. Meaningful work is not work that is designed to drive a person to leave either through boredom or humiliation etc.  Having said this, a person should not stay in a position that is identified as redundant if this stalls the effective implementation of new work methods in the area concerned and a suitable vacant position exists or staying there means that the employee will not be undertaking meaningful work.

 

Suitability: A person will be suitable for a vacant position or an interim position if they currently possess the relevant skills etc or can learn the relevant skills through training.

 

Use of Contractors: The use of Contractors has existing protocols that will continue to be applied.

 

Individuals not pressured or singled out: Our interest is in whether the position is redundant - not the person.

 

Project Work will be used as a means of finding useful and meaningful work.

 

Where existing redundant positions exist (and they are identified as 3 T/A’s and a fitter at Berrima and a Lab person at Maldon), then they will be covered by the existing agreement and understandings that relate to them. It is understood that all parties will work constructively towards reaching a conclusion on these identified positions.

 

SCHEDULE C

 

BLUE CIRCLE SOUTHERN CEMENT LTD MARULAN WORKS LIME PLANT CLASSIFICATION STRUCTURE

 

1.  Dictionary

 

1.1        Definitions

 

In this schedule the following words in the left-hand column of the dictionary shall have the meaning given to them by the right hand column of the dictionary:

 

BCSC  Blue Circle Southern Cement Limited;

 

Works:  the Marulan Works operated by BCSC at Marulan South NSW; and

 

Lime Plant:  the Lime Plant operated at the Works including the lime kiln, hydration plant, ancillary plant and bulk loading facility.

 

2.  Application

 

2.1        Application

 

This schedule shall apply to BCSC employees working in the lime plant.

 

3.  Award

 

3.1        Application of Award

 

To avoid any doubt, this schedule shall:

 

be read and construed with the award; and

 

override the award to the extent of any inconsistency and to the extent that this schedule covers any subject matter dealt with in the award.

 

4.  Classifications.  Etc

 

4.1        Classification of Lime Plant Employees

 

Employees employed by BCSC to work in the lime plant shall be classified by BCSC into one of the classifications in clause 4.3.

 

4.2        Rates of Pay

 

Employees classified in accordance with clause 4.1 shall be paid the ordinary time weekly rates of pay for the Levels ascertained from the award as set out in Table 1 Wages of this schedule.

 

4.3        Classifications

 

For the purposes of clause 4.1 the classifications are:

 

(a)        A Control Room Operator:

 

(A)       shall operate, control, monitor and adjust the operation of the lime plant generally using a computer based control processing system (the control system) and perform any tasks ancillary to this;

 

(B)       shall troubleshoot production problems by utilising the control system;

 

(C)       shall be responsible for the quality of and the outcomes from their own work;

 

(D)       shall exercise such authority as is required to perform the role of Control Room Operator;

 

(E)       shall liase with any relevant person to optimise the performance of the lime plant;

 

(F)       shall exercise judgement and initiative to optimise the performance of the lime plant and ensure that products are produced within relevant customer specifications;

 

(G)       may be responsible for the planning and direction of the work of others;

 

(H)       shall apply knowledge with substantial depth;

 

(I)        shall usually apply competencies within routines, methods and procedures but where discretion and judgement is required; and

 

(J)        shall exercise the competencies set out below as required.

 

Competencies:

 

A Control Room Operator must have (and maintain) all competencies necessary to perform their work including but not limited to:

 

BCSC Marulan Domestic Competency Modules:

 

IKC, FK, BGP, CLN, HYD, TR, BHB, ELO, BC, LPA, KB, BLK, KBC

 

Or

 

Any National Industry Training Competencies as contextualised to the lime plant that might replace or substitute for the competencies set out above.

 

(b)        A Senior Plant Attendant

 

(A)      shall attend to (which shall include but not be limited to monitoring and inspection) maintain (which shall include but not be limited to cleaning up, adjustments and re-tensioning, using selected hand tools) service (which shall include but not be limited to greasing, oil top up, adjusting pressures and changing filters) undertake routine mechanical repairs of the lime plant (which shall include but not be limited to adjusting the tension of conveyor brushes, belt cleaning, equipment adjustments, removal of hatches and guards, and assisting tradespersons) and perform any tasks ancillary to this;

 

(B)       shall be responsible for the quality of and the outcomes from their own work;

 

(C)       shall exercise such authority as is required to perform the role of Senior Plant Attendant;

 

(D)       shall liase with the Control Room Operator or any other relevant person to assist in optimising the performance of the lime plant;

 

(E)       shall exercise judgement and initiative to optimise the performance of the lime plant;

 

(F)       may be responsible for the planning and direction of the work of others;

 

(G)       shall usually apply competencies within routines, methods and procedures but where discretion and judgement is required;

 

(H)       shall collect and test samples as required; and

 

(I)        shall exercise the competencies set out below as required.

 

Competencies:

 

A Senior Plant Attendant must have (and maintain) all competencies necessary to perform their work including but not limited to:

 

BCSC Marulan Domestic Competency Modules:

 

IKC, FK, BGP, CLN, HYD, TR, BHB, ELO, BC, LPA, KB

 

Or

 

Any National Industry Training Competencies as contextualised to the lime plant that might replace or substitute for the competencies set out above.

 

(c)        A Plant Attendant:

 

(A)       shall attend to (which shall include but not be limited to monitoring and inspection) maintain (which shall include but not be limited to cleaning up, adjustments and re-tensioning, using selected hand tools) service (which shall include but not be limited to greasing, oil top up, adjusting pressures and changing filters) undertake routine mechanical repairs of the lime plant (which shall include but not be limited to, adjusting the tension of conveyor brushes, belt cleaning, equipment adjustments, removal of hatches and guards, and assisting tradespersons) and perform any tasks ancillary to this;

 

(B)       shall be responsible for the quality of and the outcomes from their own work;

 

(C)       shall exercise such authority as is required to perform the role of Plant Attendant

 

(D)       shall liase with the Control Room Operator or any other relevant person to assist in optimising the performance of the lime plant;

 

(E)       shall exercise judgement and initiative to assist in optimising the performance of the lime plant;

 

(F)       shall usually apply competencies within routines, methods and procedures but where discretion and judgement is required;

 

(G)       may be responsible for the direction of the work of others;

 

(H)       shall collect and test samples as required; and

 

(I)        shall exercise the competencies set out below as required.

 

Competencies:

 

A Plant Attendant must have (and maintain) all competencies necessary to perform their work including but not limited to:

 

BCSC Marulan Domestic Competency Modules:

 

 IKC, FK, BGP, CLN, HYD, TR, BHB, ELO, BC, LPA

 

Or

 

Any National Industry Training Competencies as contextualised to the lime plant that might replace or substitute for the competencies set out above.

 

(d)        Bagger

 

(A)      shall fill, palletise, stack, bag and load lime products and perform any tasks ancillary to this;

 

(B)       shall be responsible for the quality of and the outcomes from their own work;

 

(C)       shall exercise such authority as is required to perform the role of a Bagger;

 

(D)       shall liase with the Control Room Operator or any other relevant person to assist in optimising the performance of the bagging operation;

 

(E)       shall exercise limited judgement and initiative to optimise the performance of the bagging operation;

 

(F)       shall perform work within established routines, methods and procedures that are predictable, and which may require the exercise of limited discretion only;

 

(G)       shall collect and deliver samples as required; and

 

(H)       shall exercise the competencies set out below as required.

 

Competencies: 

 

A Bagger must have (and maintain) all competencies necessary to perform their work including but not limited to:

 

BCSC Marulan Domestic Competency Modules:

 

IKC, FK, BGP, CLN, HYD

 

Or

 

Any National Industry Training Competencies as contextualised to the lime plant that might replace or substitute for competencies set out above.

 

(e)        An employee classified as Entry Level (Bagger In Training):

 

(A)      shall be so classified until they are assessed as competent to be classified in another classification;

 

(B)       shall undertake training etc to become competent to perform the work of a Bagger;

 

(C)       shall perform work within established routines, methods and procedures that are predictable, and which may require the exercise of limited discretion only;

 

(D)       shall work under routine supervision with intermittent checking;

 

(E)       shall collect and deliver samples as required; and

 

(F)       shall exercise the competencies set out below as required.

 

Competencies:

 

An Entry Level (Bagger In Training) employee must have (and maintain) all competencies necessary to perform their work including but not limited to:

 

BCSC Marulan Domestic Competencies Modules:

 

IKC

 

Or

 

Any National Industry Training Competencies as contextualised to the lime plant that might replace or substitute for the competencies set out above.

 

5.  Progression

 

(a)        Training

 

An employee may undertake training to obtain a new competency module with the consent of BCSC, and subject to the business needs of BCSC.

 

5.2        Progression to a Higher Classification

 

An employee may only progress to a higher classification on completing (and being assessed as having successfully completed) all of the competency modules for the higher classification and on being selected for a position when a position becomes available.

 

6.  No Reduction in Rate of Pay

 

6.1        Commitment of BCSC

 

Having been classified in accordance with clause 4.1, should the classification have a rate of pay lower than the rate paid to an employee prior to being so classified, the employee shall continue to receive the higher rate of pay until such time as they are classified with the same or a higher rate.

 

(a)        Commitment by Employee

 

If an employee is assigned to a particular classification at the commencement of this schedule and has not successfully completed all of the competency modules for that classification the employee must successfully complete all of the competency modules for that particular classification within a 6 month period from the commencement date or they shall be classified in the next lowest classification for which they have all of the competency modules.

 

7.  Relief

 

7.1        Obligation

 

To avoid any doubt an employee shall relieve in any classification as required to their level of competency or under the general supervision of a competent employee or supervisor.

 

7.2        Relief Rate

 

(a)        Where an employee relieves in a higher classification, the rate of pay for the employee will be determined in accordance with the practice existing at BCSC’s Berrima plant.

 

(b)        Whenever an employee relieves in a classification that attracts a lower rate than their classified rate they shall be paid their classified rate for the time so worked.

 

8.  Pre Existing Conditions

 

It is the intention of the parties that this Schedule (which contains a new classification structure) will replace all past practices, understandings and arrangements, both written and unwritten, relating to the classification of Lime Plant (as defined) employees.

 

9.  No Precedent

 

The parties agree that this Schedule shall not be used to support or justify any claims or variations (or applications for claims or variations) made with respect to:-

 

(i)         the Award; or

 

(ii)        any other award or industrial agreement applying within BCSC.

 

 

*  Existing LPAS will be grandfathered at level 8 rate of pay upon translating into the Senior Plant Attendant Classification and should, in the future, C Feldtman, P Parlett of D Denham be appointed as Senior Plant Attendant they will be paid at Level 8 while so classified.

 

**  This rate absorbs and includes the existing dust allowance/bonus which shall no longer be paid.

 

†  This rate absorbs and includes the existing dust allowance/bonus which shall no longer be paid.

 

SCHEDULE D

 

ROLES BASED SAVINGS PROVISIONS

 

Name of Employee	Level	Allowances

 

SCHEDULE E

 

‘WAGES SACRIFICE’ ELECTION FORM

 

Pursuant to clause 36 of the Blue Circle Southern Cement (State) Award an employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased employer funded superannuation.

 

If you make this election your weekly ordinary time rate of pay of pay will be reduced (because BCSC will be funding more superannuation for you) which will effect how you are paid for such things as annual leave etc.  This will not be the case when working overtime when you will receive the weekly ordinary time rate of pay applicable to you before you made your election.  The tables below set out the effect of making an election on your weekly ordinary time rate of pay and the additional superannuation you will receive.

 

Operative from the first full pay period to commence on or after 1 December 2005:

 

Post Election Ordinary Time Rate of Pay

 

 

Operative from the first full pay period to commence on or after 1 May 2006:

 

Post Election Ordinary Time Rate of Pay

 

Level	No Election	1% Election	3% Election	5% Election	7% Election	10% Election	15% Election	20% Election
	$	$	$	$	$	$	$	$
10+10%	1,112.02	1,100.90	1,078.66	1,056.42	1,034.18	1,000.82	945.22	889.62
10+5%	1,061.60	1,050.99	1,029.76	1,008.52	987.29	955.44	902.36	849.28
10+3.4%	1,045.06	1,034.61	1,013.71	992.81	971.91	940.55	888.30	836.05
10	1,010.97	1,000.86	980.64	960.42	940.20	909.87	859.32	808.77
9	936.02	926.66	907.94	889.22	870.50	842.42	795.61	748.81
8	881.22	872.41	854.78	837.16	819.53	793.10	749.04	704.98
7	844.98	836.53	819.63	802.73	785.83	760.48	718.23	675.99
6	808.41	800.33	784.16	767.99	751.82	727.57	687.15	646.73
5	772.40	764.68	749.23	733.78	718.34	695.16	656.54	617.92
4	731.78	724.46	709.82	695.19	680.55	658.60	622.01	585.42
3	696.00	689.04	675.12	661.20	647.28	626.40	591.60	556.80
2	669.22	662.52	649.14	635.76	622.37	602.29	568.83	535.37
1	651.55	645.03	632.00	618.97	605.94	586.40	553.82	521.24

 

Operative from the first full pay period to commence on or after 1 May 2007:

 

Post Election Ordinary Time Rate of Pay

 

Level	No Election	1% Election	3% Election	5% Election	7% Election	10% Election	15% Election	20% Election
	$	$	$	$	$	$	$	$
10+10%	1,156.50	1,144.94	1,121.81	1,098.68	1,075.55	1,040.85	983.03	925.20
10+5%	1,104.07	1,093.03	1,070.95	1,048.86	1,026.78	993.66	938.46	883.25
10+3.4%	1,086.86	1,075.99	1,054.26	1,032.52	1,010.78	978.18	923.83	869.49
10	1,051.41	1,040.89	1,019.86	998.84	977.81	946.27	893.69	841.12
9	973.46	963.72	944.25	924.78	905.32	876.11	827.44	778.77
8	916.47	907.30	888.97	870.64	852.31	824.82	779.00	733.17
7	878.78	869.99	852.42	834.84	817.27	790.90	746.96	703.02
6	840.75	832.34	815.53	798.71	781.90	756.67	714.64	672.60
5	803.30	795.27	779.20	763.13	747.07	722.97	682.80	642.64
4	761.05	753.44	738.22	722.99	707.77	684.94	646.89	608.84
3	723.84	716.60	702.12	687.64	673.17	651.45	615.26	579.07
2	695.99	689.03	675.11	661.19	647.27	626.39	591.59	556.79
1	677.61	670.84	657.28	643.73	630.18	609.85	575.97	542.09

Operative from the first full pay period to commence on or after 1 May 2008:

 

Post Election Ordinary Time Rate of Pay

 

Level	No Election	1% Election	3% Election	5% Election	7% Election	10% Election	15% Election	20% Election
	$	$	$	$	$	$	$	$
10+10%	1,202.76	1,190.73	1,166.68	1,142.62	1,118.57	1,082.49	1,022.35	962.21
10+5%	1,148.23	1,136.75	1,113.78	1,090.82	1,067.85	1,033.41	976.00	918.58
10+3.4%	1,130.34	1,119.03	1,096.43	1,073.82	1,051.21	1,017.30	960.79	904.27
10	1,093.46	1,082.53	1,060.66	1,038.79	1,016.92	984.12	929.44	874.77
9	1,012.40	1,002.27	982.02	961.78	941.53	911.16	860.54	809.92
8	953.13	943.59	924.53	905.47	886.41	857.81	810.16	762.50
7	913.93	904.79	886.51	868.24	849.96	822.54	776.84	731.15
6	874.38	865.63	848.15	830.66	813.17	786.94	743.22	699.50
5	835.43	827.08	810.37	793.66	776.95	751.89	710.12	668.35
4	791.49	783.57	767.74	751.91	736.08	712.34	672.77	633.19
3	752.79	745.26	730.21	715.15	700.09	677.51	639.87	602.23
2	723.82	716.59	702.11	687.63	673.16	651.44	615.25	579.06
1	704.72	697.67	683.58	669.48	655.39	634.25	599.01	563.77

 

Election

 

Having taken my own independent financial and taxation advice on the matter, I [insert employee name] classified on Level [insert level] elect in accordance with clause 36 of the Blue Circle Southern Cement (State) Award to forgo:

 

1%;

 

3%;

 

5%;

 

7%;

 

10%;

 

15%; or

 

20% [circle percentage elected],

 

of my weekly ordinary time rate of pay in return for increased employer funded superannuation contributions equal to this percentage.

 

In making this election, the elected percentage when added to the minimum Superannuation Guarantee Contribution does not exceed the age-based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1936 (Cth).

 

Signed by [insert employee name].................................................

 

Confirmed by BCSC [insert name]................................................

 

Date.....................................

 

 

 

D. W. RITCHIE, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.