Boral Peats Ridge Quarry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Construction Materials Group Limited.

 

(No. IRC 1241 of 2006)

 

 

AWARD

 

1.  Title

 

1.1        This Award shall be known as the Boral Peats Ridge Quarry (State) Award.

 

2.  Contents

 

2.1        This Award is arranged as follows:

 

1.         Title

2.         Contents

3.         Application And Parties

4.         Start Date And Period Of Operation

5.         Anti Discrimination

6.         Dictionary

7.         Contract Of Employment

8.         Consultation

9.         Redundancy

10.       Conflict Resolution

11.       Classifications Etc

12.       Competency Assessment

13.       Training And Progression

14.       Assessor

15.       Leading Hands

16.       Work Practices

17.       Payment Of Wages

18.       Tools

19.       First Aid

20.       Temporary Transfer

21.       Hours Of Work

22.       Method Of Working The 38 Hour Week

23.       Meal Breaks

24        Rest Breaks

25.       Sundays And Holidays

26.       Overtime

27.       Annual Leave

28.       Annual Leave Loading

29        Long Service Leave

30.       Parental Leave And Personal/Carer’s Leave

31.       Bereavement Leave

32.       Jury Service

33.       Sick Leave

34.       Protective Clothing

35.       Protective Equipment

36.       Use Of Car

37.       Annual Wage Adjustment And Bonus

38.       Fares

39.       Additions To Wage

40.       Delegates

41.       Counselling

42.       Kitchen

43.       Timekeeping

44.       Wages Sacrifice In Return For Increased Employer Funded Superannuation

 

Table 1 - Rates of Pay

Table 2 - Other Rates And Allowances

 

Schedule 1 - Wages Sacrifice Election Form

 

3.  Application and Parties

 

3.1        This Award operates to the exclusion of any other Award or Enterprise Agreement whether made before or after the operation of this Award and shall apply to all employees of Boral employed in the Quarry.

 

3.2        This Award shall be binding upon:

 

(a)        Boral; and

 

(b)        the Employees; and

 

(c)        the Union.

 

4.  Start Date and Period of Operation

 

4.1        This Award rescinds and replaces the Boral Peats Ridge Quarry (State) Award published 31 May 2002 (333 I.G. 932) and shall commence from 16th March 2006 and remain in force for a period of 3 years.

 

5.  Anti Discrimination

 

5.1        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."

 

6.  Dictionary

 

6.1        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:

 

 

7.  Contract of Employment

 

7.1        Except as hereinafter provided, employment shall be by the week.  Any employee not specifically  engaged  as a  casual  employee  shall  be deemed to be employed by the week.

 

7.2        All new employees shall be on probation for the first three months of engagement.  There shall be appropriate procedures for the proper induction of new employees (including Occupational Health and Safety matters, a description of the classification the employee will be employed in when commencing work and an outline of work practices and methods in the quarry etc).

 

7.3        Termination of employment of weekly employees - Employment shall  be terminated:

 

(a)        by an employee with one week's  notice or by forfeiture of a  week's wages; or

 

(b)        by Boral in accordance with the Federal Act.

 

Notation: The Federal Act provides for the following periods of notice:

 

 

If the employee is over 45 years of age and has 2 or more continuous years of service add 1 week for all notice except for serious misconduct.

 

7.4        Part-time Employment -

 

(a)        An employee may be engaged by the week to work on a part-time basis for a constant number of hours which, having regard to the various ways of arranging ordinary hours, shall average less than 38 but not less than 16 hours per week.

 

(b)        An employee so engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed by clause 11 of this Award for the classification in which the employee is engaged.

 

(c)        An employee engaged on a part-time basis shall be entitled to payments in respect of annual leave, public holidays and sick leave arising under this Award on a proportionate basis.

 

(d)        No existing employee engaged full-time shall be forced to reduce to part- time employment because of this provision.

 

(e)        Employees under this clause shall not commence work prior to their fixed starting time unless such time is paid at overtime rates.

 

(f)         The number of part-time employees shall not exceed 20 per cent of employees at the quarry unless agreed to by the majority of employees at the quarry.  

 

(g)        Prior to the introduction of any part-time employment, Boral should consult with the employees at the quarry by utilising the site consultative mechanism and procedures established in accordance with clause 8 Consultation.

 

7.5        Casual Employment  -

 

(a)        A casual  employee is  one engaged and  paid as such. A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this Award  for the work that they perform, plus 15 percent.

 

(b)        If after having been engaged by Boral at the quarry for a period of 12 months a casual employee requests to be made permanent Boral shall make the employee a permanent employee.

 

(c)        To avoid any doubt the following clauses do not apply to casual employees: 7.1, 7.2, 7.3, 7.4, 7.5, 9, 13, 14, 25, 27, 28, 30.2, 31, 32 and 33.

 

(d)        A casual employee may have their employment terminated upon one hour’s notice.

 

8.  Consultation

 

8.1        The Committee

 

The parties will do all that is reasonably needed to form, maintain and operate a consultative committee comprising Boral representatives and employee representatives.

 

8.2        Sub-Committees

 

The consultative committee may form (and dissolve) a sub-committee to deal with a stated issue or issues and may act through that sub-committee.

 

8.3        Proceedings

 

All procedures of the consultative committee are to be determined by the consultative committee.  All procedures of any sub-committee of a consultative committee are to be determined by the consultative committee, and to the extent that the consultative committee does not determine them, by the sub-committee itself.

 

8.4        Functions

 

Boral must use its best efforts to ensure that the Boral representatives, and employees use their best efforts to ensure that employee representatives, each do whatever is necessary to ensure that the consultative committee performs the functions set out in this Award, and performs those functions properly and speedily.

 

8.5        Powers

 

The consultative committee and any sub-committee are empowered to discuss, debate and make recommendations on any subject matter referred to it by employees or Boral.  To avoid any doubt, subject to any express provision of this Award, Boral can decide to accept or reject any such recommendation.

 

9.  Redundancy

 

9.1        Preservation of Employment

 

Where practicable and having regard to the needs of the quarry, the parties:

 

(a)        will co-operate to preserve existing employment and enhance future employment opportunities generally; and

 

(b)        recognise that this is best achieved when they co-operate to ensure that what can be done is done, to produce sustainable improvements in the competitive performance of the quarry.

 

9.2        Selection

 

When redundancies are to occur, Boral will:

 

(a)        call for volunteers; and

 

(b)        accept volunteers unless to do so will leave the quarry without the necessary skills to operate satisfactorily, then

 

if there are insufficient volunteers those to be made redundant will be selected by Boral by reference to their:

 

(c)        skills;

 

(d)        experience;

 

(e)        training; and

 

(f)         performance.

 

And:

 

having undertaken such an assessment, if it is necessary to make redundant individuals that are comparatively equal in terms of the assessment [unless some other pressing domestic issue is raised by the individuals concerned] if an employee has the shortest period of service that employee will be retrenched first.

 

9.3        Introduction of Change

 

Where Boral has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on an employee, Boral shall consult with the consultative committee about the changes and discuss the introduction of the changes, the effects the changes are likely to have on the employee, measures to avert or mitigate the adverse affects of such changes on the employee and shall give prompt consideration to matters raised by the employee before any redundancies are affected.

 

9.4        Redundancy Pay

 

If, following a decision made by Boral in accordance with clause 9.3 Boral decides that a position in the quarry is redundant then Boral will pay the employee:

 

(a)        If  the employee is under 45 years of age

 

 

and thereafter two weeks pay per year of service up to a maximum payment of 52 weeks’ pay.

 

(b)        If the employee is 45 years of age or over

 

 

and thereafter two weeks pay per year of service up to a maximum payment of 52 weeks’ pay.

 

9.5        Resignation During Notice of Redundancy

 

If an employee’s position in the quarry is made redundant the employee may resign their employment during the period of notice and still receive any monies arising from clause 9.4.

 

10.  Conflict Resolution

 

10.1      Steps

 

The following steps shall apply in the following order for resolution of a dispute.  For each step, the next step may be taken if the dispute has not been resolved within a reasonable time:

 

(a)        consultation between the employee and a representative of Boral at the quarry;

 

(b)        consultation between the employee and the quarry manager;

 

(c)        consultation involving the consultative committee;

 

(d)        consultation between the employee and a senior manager of Boral;

 

(e)        reference of the matter to the Industrial Relations Commission of NSW for conciliation/arbitration no later than 72 hours after the step in (a) above unless otherwise agreed; and

 

10.2      Continuation of Normal Work

 

While the procedure above is being followed and until the matter is resolved work must continue normally.

 

11.  Classifications Etc

 

11.1      Classifications

 

An employee will be classified by Boral into one of the grades/levels set out in Table 1 of Part B.

 

11.2      Rates Of Pay

 

Subject to clause 44, the rates of pay to be paid to an employee for the classification the employee is in are set out in Table 1 of this Award.

 

12.  Competency Assessment

 

12.1      Assessment and Allowance

 

(a)        An employee must undertake and successfully complete competency based assessments for the work performed by the employee from time to time.

 

(b)        An employee shall be paid the amount per week set out in Item 14 of Table 2, Other Rates and Allowances of Part B in consideration of the obligations arising from clause 12.1(a) for all purposes of the Award.

 

Notation: To avoid doubt this allowance will be paid to the employee if the employee was employed at the quarry at the date of the making of this Award from that date and for new employees from their start date.

 

13.  Training and Progression

 

13.1      Training Program To Be Established

 

As soon as reasonably practicable after the making of this Award Boral shall organise a training interview between an employee and the quarry manager to agree on a training program for the employee that is consistent with the operational needs of the quarry.

 

13.2      Training Program

 

An employee’s training program shall:

 

(a)        identify the competencies the employee need to gain recognition in for the tasks the employee already performs;

 

(b)        any new competencies, in addition to those identified in (a), to gain recognition in;

 

(c)        the process by which the employee will gain such recognition (on the job, off the job, mentor program, etc);

 

(d)        an indicative timetable for gaining such recognition; and

 

(e)        the process by which the employee will work to maintain those competencies the employee has gained recognition in.

 

14.  Assessor

 

14.1      Assessor Competencies

 

The assessor competency is:

 

(a)        Assessor

 

NMITAB units:	7	Workplace Trainer
	8	Workplace Assessor

 

14.2      To Become An Assessor

 

Despite anything else contained in this Award, an employee can only train to acquire the assessor competency in 14.1 above, after having been offered such opportunity by Boral who may make or not make such offer at its complete discretion.

 

14.3      Use Of Assessor Competency

 

Upon having the assessor competency recognised, an assessor will be appointed, by Boral, to such a role when such a role is available.

 

15.  Leading Hands

 

15.1      Appointment

 

Boral may, in its complete discretion, appoint an employee to be a leading hand from time to time and when so appointed the employee shall supervise, direct or be in charge of other employees. To avoid any doubt, there is no requirement to appoint leading hands merely because groups of employees work together.

 

15.2      Allowance

 

If an employee is appointed as a leading hand, while so appointed the employee shall be paid the relevant allowance below determined by the number of persons the leading hand is in charge of:

 

2 - 5 employees:	the amount set out in Item 2 Table 2 of Part B per week
6 - 10 employees:	the amount set out in Item 3 Table 2 of Part B per week
11- 20 employees:	the amount set out in Item 4 Table 2 of Part B per week
More than 20 employees:	the amount set out in Item 5 Table 2 of Part B per week;

 

16.  Work Practices

 

16.1      Using Skills As Directed

 

Despite anything else contained in this Award, an employee must fully utilise the skills and/or competencies he/she has, as directed by Boral to meet the needs of the quarry.

 

To avoid any doubt this includes performing tasks at a lower Grade or Level.

 

17.  Payment of Wages

 

17.1      Electronic Funds Transfer

 

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

 

17.2      Late Pay

 

When an employee’s wages are not in their nominated account on the designated pay day the quarry manager if requested to do so by the employee, must provide the wages to the employee in cash by conclusion of the next day’s shift.

 

18.  Tools

 

18.1      Tradesperson Level 1-5 inclusive shall be paid an allowance per week as  set out in Item 7 of Table 2 - Other Rates and  Allowances, of Part B, Monetary Rates, for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons.

 

18.2      All tools required by Grades 1-14 inclusive shall be  provided free of charge by Boral.

 

19.  First Aid

 

19.1      Certificate

 

If an employee holds a first-aid certificate and is appointed by Boral to perform first-aid duties the employee shall be paid an allowance as set out in Item 8 of Table 2 of Part B per day.

 

20.  Temporary Transfer

 

20.1      Transfer Terms

 

If an employee agrees, Boral may temporarily transfer the employee to work somewhere other than at the quarry.  When this occurs Boral and the employee must agree on the terms of the transfer including payment (if any) of travelling time, accommodation etc.

 

21.  Hours of Work

 

21.1      Average Week

 

Subject to this Award, an employee must work an average of 38 ordinary hours each week as directed by Boral.

 

21.2      Spread of Hours

 

An employee’s ordinary hours of work shall be worked:

 

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

 

(b)        between the hours of 6.30am and 6.00pm;  or

 

(c)        between such spread of hours as is agreed between Boral and the majority of you in the section of the quarry concerned:

 

Or if an employee is a shift worker:

 

(a)        any day of the week Monday to Friday inclusive; or

 

(b)        by agreement with the majority of employees in the section of the quarry concerned on any day of the week Monday to Sunday inclusive.

 

21.3      Ten Hour Days

 

Unless it is agreed between Boral and the majority of employees in the section of the quarry concerned an employees ordinary hours of work must not exceed ten on any day.

 

21.4      Change to or from Shift Work

 

Unless otherwise agreed, Boral may direct an employee to change from regularly working day work to regularly working shift work (or vice versa) by giving the employee one month’s notice in writing and the employee shall then work their ordinary hours on the shifts/days the employee has been rostered to work.

 

21.5      Rosters

 

Boral shall give an employee a roster for working their ordinary hours at least seven days in advance.

 

21.6      Change to Rosters

 

Despite clause 21.5, if due to unforeseen circumstances Boral needs to change an employee’s roster to keep the quarry operating effectively Boral may change the employee’s roster:

 

(a)        upon giving the employee no less than notice on the previous day of any such change if the employee is a day worker; or

 

(b)        upon giving the employee no less than notice on the previous day of any such change if the employee is a shift worker provided that if he/she is given less than seven days notice he/she shall continue to be paid their shift penalty for the balance of the such seven days even if he/she is transferred to day work.

 

21.7      Afternoon Shifts

 

If an employee is rostered to work an afternoon shift he/she shall be paid the afternoon shift allowance.

 

21.8      Night Shifts

 

If an employee is rostered to work a night shift he/she shall be paid the night shift allowance.

 

21.9      Saturday Shifts

 

If an employee work a shift that part of which is between midnight on Friday and midnight on Saturday he/she shall be paid at the rate of time and a half for the first two hours and double time thereafter and such extra rate shall be in substitution for and not cumulative upon his/her shift allowance.

 

21.10    Sundays and Holidays

 

If an employee works a shift that part of which is on a Sunday he/she shall be paid at the rate of double time and such extra rate shall be in substitution for and not cumulative upon their shift allowance.

 

21.11    Holidays

 

If an employee works a shift that part of which is on a public holiday he/she shall be paid at the rate of double time and one half and such extra rate shall be in substitution for and not cumulative upon his/her shift allowance.

 

22.  Method of Working the 38 Hour Week

 

22.1      Work Cycles

 

The method of working the 38-hour week shall be any one of the following:

 

(a)        by Boral fixing one work day in the 4th week of a 4 week work cycle as a rostered day off  on which the employee will be off work;

 

(b)        by Boral fixing two rostered work days on which the employee may be rostered off for two half days during a particular 4 week work cycle;

 

(c)        [subject to agreement between an employee and Boral] by the employee working less than eight ordinary hours on each day; or

 

(d)        by Boral fixing the recognised building and construction industry rostered day off as a rostered day off on which the employee will be off work.

 

22.2      Accumulation of Rostered Days Off

 

Rostered days off:

 

(a)        may be accumulated by agreement between an employee and Boral to be taken at an agreed time (and such agreement is reduced to writing); or

 

(b)        may be paid out by Boral to an employee at the rate of 7.6 ordinary hours pay per rostered day off accumulated but not taken as at 31 January each year.

 

22.3      Rostered Days Off on Public Holidays

 

When a rostered  day off falls on a public holiday as prescribed in clause 25.1 the next working day shall be taken in lieu of the rostered day off unless an alternate day is agreed to between an employee and Boral.

 

22.4      Accrual

 

Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for the purposes of accruing a rostered day off.

 

22.5      Taking a Rostered Day Off

 

A rostered day off shall be taken as a paid day off.

 

23.  Meal Breaks

 

23.1      Work Before Break

 

An employee shall not be required to work for more than five ordinary hours of work without a break for a meal which shall be taken as unpaid.  Provided that an employee and Boral may agree to extend the five ordinary hours before taking a break up to six.

 

23.2      Continuity of Operations

 

The time of taking a scheduled meal break may be altered by agreement between an employee and Boral or by Boral if it is necessary to maintain continuity of quarry operations.

 

23.3      Staggering Breaks

 

Boral may stagger the time of taking a meal break to meet operational requirements.

 

23.4      Meal Breaks for Shift Workers

 

Despite the provisions of this clause, if an employee is a shift worker he/she shall be allowed a thirty (30) minute paid meal break during each shift, which shall be counted as time worked.

 

23.5      Working Through a Meal Break

 

Except as provided for in clause 23.1 and 23.2, an employee shall be paid at the rate of time and one half of ordinary time for all work done during his/her meal break and thereafter until a meal break is taken.

 

24.  Rest Breaks

 

24.1      Daily Break

 

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

 

24.2      Staggering

 

Boral may stagger the time of taking a rest break to meet operational requirements.

 

24.3      Continuous Operation

 

The time of your taking a scheduled rest break may be altered by agreement between an employee and Boral or by Boral if it is necessary to maintain continuity of quarry operations.

 

24.4      Shift Workers

 

In the case of shift workers the rest break may be combined (by Boral) with the paid meal break so as to enable a forty-minute paid meal break.

 

25.  Sundays and Holidays

 

25.1      Holidays

 

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;

 

(k)        Picnic Day, the first Monday in December (or a substitute day agreed to by an employee and Boral and taken by 31 December in the following year); and

 

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

 

25.2      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 Boral, then the employee shall not be entitled to payment for such holiday.

 

25.3      Working on a Holiday

 

For work done on any of the holidays referred to in clause 25.1 (except (k) Union Picnic Day), an employee shall be paid at the rate of double time and one-half with a minimum payment for four hours' work.

 

25.4      Sundays

 

For work done on a Sunday an employee shall be paid at the rate of double time with a minimum payment for four hours' work.

 

26.  Overtime

 

26.1      Payment

 

Subject to clause 25.3 and 25.4, for all work performed by an employee outside of and/or in excess of their ordinary hours he/she 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.

 

26.2      Day Stands Alone

 

Except as provided in clause 26.3 in computing an employee’s overtime each day's work shall stand-alone.

 

26.3      10 Hour Rest Period

 

(Subject to clause 26.4) When:

 

(a)        overtime work is necessary it shall wherever reasonably practicable, be so arranged that an employee has at least ten consecutive hours off duty between the work of successive days;

 

(b)        an employee works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least ten consecutive hours off duty between those times the employee shall be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence; and

 

(c)        on the instruction of Boral an employee resume or continue work without having had such ten consecutive hours off duty he/she shall be paid at double time rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

26.4      8 Hour Rest Period for Shift Workers

 

The provisions of clause 26.3 shall apply in the case of shift workers who rotate from one shift to another as if eight hours were substituted for ten hours when overtime is worked:

 

(a)        for the purpose of changing shift rosters; or

 

(b)        where a shift worker does not report for duty.

 

26.5      Call Back

 

(a)        If an employee is recalled to work overtime after leaving the quarry (whether notified before or after leaving ) the employee shall be paid for a minimum of four hours' work (whether worked or not) or where the employee has been paid for standing by he/she shall be paid a minimum of three hours'  pay at the appropriate rate.

 

(b)        This clause shall not apply in cases where it is customary for the employee to return to the quarry to perform a specific job outside their ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

(c)        Overtime worked in the circumstances set out above, shall not be regarded as overtime for the purposes of clause 23.6 when the actual time worked is less than three hours on each such recall.

 

(d)        If an employee is directed to hold himself/herself in readiness to work after his/her ordinary hours the employee shall be paid stand-by  time, at ordinary rates of pay, until released.

 

26.6      Overtime Bonus and Breaks

 

If an employee is required to work overtime:

 

(a)        for one and one half hours after his/her normal ceasing time and he/she was not notified on the day before (or earlier) of the need to work overtime he/she shall be paid the amount set out in Item 11 of Table 2 of Part B of this Award;

 

(b)        for two hours or more after his/her normal ceasing time he/she shall be paid the amount set out in Item 11 of Table 2 of Part B of this Award;

 

(c)        for four hours after his/her normal ceasing time (and for each four hours thereafter) he/she shall be provided with a 30 minute break without loss of pay  provided that overtime work continues after any such break; and

 

(d)        for six hours or more after his/her normal ceasing time (and for each four hours thereafter) he/she shall be paid the amount set out in Item 11 of Table 2 of Part B of this Award.

 

26.7      Not Required to Work Overtime

 

Despite clause 26.6, if an employee is notified of the intention to work overtime but he/she is not called upon to work that overtime he/she shall be paid an amount ascertained from clause 26.6 (a).

 

26.8      Weekend Crib Breaks

 

Where overtime is worked on a Saturday or Sunday and it continues after 12 noon, the employee shall be given a paid break for a meal of 30 minutes between 12.00 noon and 1.00pm, provided that the work continues after the meal break.

 

26.9      Weekend Minimum

 

If an employee is required to work overtime on a Saturday he/she shall be given at least four hours’ work or receive four hours’ pay.

 

27.  Annual Leave

 

27.1      Entitlement

 

See Annual Holidays Act 1944 (NSW) as amended.

 

28.  Annual Leave Loading

 

28.1      Payment of Loading

 

Whenever an employee enters a period of annual leave he/she shall be paid, in addition to his/her annual leave pay a loading of 17.5 percent on top of his/her annual leave pay.

 

28.2      Calculation of Loading

 

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

 

28.3      Shift Workers

 

Despite any thing else contained in this Award, if an employee is a shift worker when he/she enters a period of annual leave then he/she shall be entitled to the greater of the following:

 

(a)        his/her shift work allowances and/or weekend penalty rates for the ordinary time (not including time on a public holiday) which he/she would have worked during the period of the leave; or

 

(b)        the loading calculated in accordance with this clause.

 

29.  Long Service Leave

 

29.1      Entitlement

 

See Long Service Leave Act 1955 (NSW) as amended.

 

30.  Parental Leave and Personal/Carer’s Leave

 

30.1      Parental Leave

 

See Industrial Relations Act 1996 (NSW) as amended.

 

30.2      Personal Carers Leave

 

(a)        If an employee is a full time or part time 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, the employee shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 33 of this 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, the 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)         the employee being responsible for the care and support of the person concerned; and

 

(ii)        the person concerned being:

 

the employee’s spouse; or

 

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;

 

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

 

a same sex partner who lives with the employee as the employee’s de facto partner on a bona fide domestic basis; or

 

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 Boral notice prior to the absence or the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, then the employee shall notify Boral 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 Boral, 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 shall be entitled to up to three days’ bereavement leave without deduction of pay on each occasion of the death of a person prescribed in clause 30.2 (c) (ii), subject to the following:

 

(a)        Notification

 

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

 

(b)        Responsibility For Care

 

Bereavement leave shall be available to you 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, an employee need not have been responsible for the care of the person concerned.

 

(c)        Bereavement Leave Not When Other Leave Granted

 

You shall not be entitled to bereavement leave under this clause during any period in respect of which you have been granted other leave.

 

(d)        Bereavement Leave in Conjunction with Other Leave

 

Bereavement leave may be taken in conjunction with other leave available under this Award.  In determining such a request Boral will give consideration to your circumstances and the reasonable operational requirements of the quarry.

 

32.  Jury Service

 

32.1      Entitlement

 

If the employee is required to attend for jury service during his/her ordinary working hours he/she shall be reimbursed by Boral an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount of wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

32.2      Notification

 

You must notify Boral as soon as possible of the date upon which you are required to attend for jury service.  Further, you must give Boral proof of your attendance, the duration of such attendance and the amount received in respect of such jury service.

 

33.  Sick Leave

 

33.1      Entitlement

 

An employee, subject to clause 33.2 and the production of a medical certificate be entitled to ten days' sick leave during the first and subsequent years of service on full pay (provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence  in any year).

 

33.2      Notification

 

An employee must notify Boral of his/her absence prior to his/her normal starting time on the same day of his/her absence and in any event before 9.00am on that day unless because of the nature of the illness he/she is incapable to do so in which case he/she must notify Boral as soon as possible.

 

33.3      Workers Compensation

 

An employee shall not be entitled to sick leave for any period in respect of which he/she is entitled to workers' compensation

 

33.4      Accumulation

 

If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year.

 

33.5      Absent on Holidays and Rostered Days Off

 

If an Award holiday or rostered day off occurs during an employee’s absence on sick leave then such Award holiday or rostered day off shall not be counted as sick leave.

 

34.  Protective Clothing

 

34.1      Entitlement

 

At the commencement of an employee’s employment, Boral shall provide the employee with four sets of clothes, two pairs of boots and in May a winter jacket, which shall be replaced on an item for item exchange basis.

 

35.  Protective Equipment

 

35.1      Entitlement

 

Boral shall:

 

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

 

(b)        replace such articles, when, in the opinion of Boral, they are no longer in a serviceable condition, but the employee shall not be entitled to a replacement unless he/she returns the corresponding article issued to the employee or if the article is lost or misplaced by the employee, he/she shall pay a reasonable price for the article.

 

36.  Use of Car

 

36.1      Allowance               

 

If an employee is required to use their car by Boral he/she will be paid per km the amount set out in Item 9 of Table 2 of Part B.

 

37.  Annual Wage Adjustment and Bonus

 

37.1      Adjustment Mechanism

 

(a)        On the first full pay period to commence on or after 1 November each year the rates set out in Table 1 Wages and the allowances set out in Table 2 Other Rates and Allowances shall increased by the greater of the average percentage salary increase given that year to salaried employees employed in:

 

(i)         the Metropolitan Division; or

 

(ii)        the Peats Ridge quarry.

 

Notation: A salaried employee will be taken to be employed in the Peats Ridge quarry if they have worked in the quarry for the majority of the preceding 12 months.

 

(b)        On the first full pay period to commence on or after 1 November each year you shall be paid an amount of money equivalent to the greater of the average percentage bonus paid to salaried employees employed in:

 

(i)         the Metropolitan Division; or

 

(ii)        the Peats Ridge quarry,

 

applied to your gross earnings for the preceding twelve months.

 

Notation: A salaried employee will be taken to be employed in the Peats Ridge quarry if they have worked in the quarry for the majority of the preceding 12 months.

 

(c)        If requested to do so by the majority of employees, Boral shall at its expense have an external auditor validate the:

 

(i)         average salary increase determined for the purposes of clause 37.1 (a); and/or

 

(ii)        average percentage bonus determined for the purposes of clause 37.1 (b).

 

(d)        Should Boral at any time alter the method by which they remunerate the salaried employees relevant to this Award they shall confer with the employees and the union about those changes and whether any variation to this Award is necessary to ensure that the original purpose of this Award is maintained.

 

(e)        Despite any thing else in his award, the wage increase paid in accordance with clause 37.1 (a) shall not be less than any general wage increase granted in that year.

 

38.  Fares

 

38.1      Payment

 

From the start date an employee shall receive in compensation for fares incurred travelling to and from work at irregular hours when public transport is not necessarily available the amount set out in Item 10 of Table 2 of Part B per week, provided that the above allowance shall be payable to employees who commence prior to 6:30am or finish subsequent to 7:00pm.

 

39.  Additions to Wage

 

39.1      Allowances

 

(a)        In addition to the rate of pay ascertained from clause 11.2, an employee shall receive the following allowances (paid for all purposes of this Award) if the employee:

 

(i)         is appointed as an assessor the amount set out in Item 12 of Table 2 of Part B per week;

 

(ii)        holds NATA signatory status the amount set out in Item 13 of Table 2 of Part B per week; or

 

(iii)       is appointed as in charge of plant, while so appointed the amount set out in Item 1 of Table 2 of Part B per week.

 

(b)        In addition to the rate of pay ascertained from clause 11.2, if the employee is classified as a Tradesperson Level 1-5 inclusive, the employee shall be paid an allowance per week as set out in Item 6 of Table 2 of Part B for working in confined spaces (as defined).

 

40.  Delegates

 

40.1      Appointment

 

Boral shall recognise the appointed delegates for the union at the quarry.

 

40.2      Time

 

Boral shall provide the delegate with reasonable time while at work to perform the proper functions of the delegate.

 

41.  Counselling

 

41.1      Procedure

 

Upon Boral becoming aware that an employee’s conduct, performance and/or work performance was/is unsatisfactory it should:

 

(a)        undertake an investigation of the matter;

 

(b)        put the matter to the employee with any relevant supporting information Boral is aware of and allow him/her to respond;

 

(c)        consider the employee’s response;

 

(d)        conclude whether or not the employee’s conduct behaviour and/or work performance was/is unsatisfactory;

 

(e)        explain why the conclusion reached has been arrived at; and then

 

(f)         take appropriate action.

 

42.  Kitchen

 

42.1      Tea and Coffee

 

Boral shall provide an employee with a reasonable supply of coffee, tea, milk and sugar for use during meal and crib breaks.

 

43.  Timekeeping

 

43.1      Decimal Proportion

 

Boral 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 employee’s working time.

 

43.2      Latecomers

 

If an employee:

 

(a)        does not commence work at the time he/she is rostered to; or

 

(b)        ceases work before his/her rostered finish time,

 

Boral may pay the employee only for the time that he/she actually worked.

 

44.  Wages Sacrifice in Return for Increased Employer Funded Superannuation

 

44.1      A permanent 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 1 of this award.

 

44.2      Having made a wages sacrifice election in accordance with this clause an employee shall have their weekly ordinary time rate of pay reduced by the relevant elected amount except when:

 

(a)        overtime is worked in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment for overtime;

 

(b)        calculating allowances arising from Table 2 - Other Rates and Allowances, in which

 

case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;

 

(c)        calculating annual leave loading, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;

 

(d)        calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment those payment upon termination; or

 

(e)        calculating an employee’s minimum statutory Superannuation Guarantee contribution, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said contribution.

 

44.3      If an employee has made an election in accordance with this clause Boral shall provide the employee with employer funded superannuation contributions in the amount elected in addition to any statutory contributions.

 

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

 

44.5      Despite anything else in this clause, if an employee makes an election in accordance with this clause:

 

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

 

(b)        the employee enters a period of leave without pay the employee’s wages sacrifice election shall be suspended for the period of such leave;

 

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

 

(d)        the 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 1946 (Cth). TABLE 1 - RATES OF PAY

 

Subject to this Award, an employee shall be paid in accordance with the following table of rates (as at

 

1 November 2005):

 

 

Notation:

 

The rates in Table 1 above include and consume the "Industry Disability" allowance and the "Inclement Weather" allowance. Accordingly, the rates in Table 1 above compensate you for working in the open in quarries and thereby being subject to climatic conditions such as dust blowing in the wind, sloppy and muddy conditions and the lack of usual amenities associated with factory work, etc. and for the additional disabilities of being required to work when exposed to inclement weather and for working in isolated and underdeveloped locations: "inclement weather" means wet weather and/or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperatures or any combination thereof.

 

Table 2 - Other Rates And Allowances

 

The following allowances shall apply from the first full pay period to commence on or after 1 November 2005.

 

 

SCHEDULE 1

 

‘WAGES SACRIFICE’ ELECTION FORM

 

Pursuant to clause 44 of the Boral Peats Ridge Quarry Award an employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased employer funded superannuation to an equivalent amount.

 

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 44 of the Boral Peats Ridge Quarry Award to forgo the amount circled in the table below for increased employer funded superannuation contributions equal to this amount.

 

On and from 1 November 2005

 

 

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 44 of the Boral Peats Ridge Quarry 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 amount.

 

Sacrifice of Annual Cash Bonus 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 44 of the Boral Peats Ridge Quarry Award to forgo any annual cash bonus falling due after this election in return for increased employer funded superannuation contributions equal to this amount.

 

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 1946 (Cth).

 

Notation:

 

For the 2004/2005 tax year these were:

 

 

Signed by (insert employee name) .........................................

 

Confirmed by Boral (insert name) .........................................

 

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

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.