Smorgon Steel
Group - Reinforcing and Steel Products Division - Manufacturing and Grinding
Media Waratah - Award 2006
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application
by Commonwealth Steel Company Limited.
(No. IRC 930 of 2006)
Before The Honourable Mr Deputy President
Harrison
|
21 March 2006
|
AWARD
PART A
1. Arrangement
PART
A
Clause No. Subject
Matter
20. Annual Leave
39. Anti-Discrimination
38. Apprentices
46. Area, Incidence & Duration
1. Arrangement
3. Basic Wage
24. Compassionate Leave
40. Consultation
29. Contract of Employment
21. Days Added to the Period of Annual Leave
or Long Service Leave
34. Definitions
27. Disciplinary Code
28. Disputes Settling Procedure
8. Electricians - Special Rates
17. Employees Presenting Themselves for Work
and Not Required
35. Employee Representatives
44. Enterprise Arrangements - Restructuring
9. General - Special Rates
14. Holidays
10. Hours of Duty
23. Jury Service
5. Leading Hands
47. Leave Reserved
22. Long Service Leave
16. Maximum Payment
30. Mechanical Tradespersons Classification
Structure & Competency Standards
6. Mixed Functions
45. No Extra Claims
19. Notification of Sick Leave
12. Overtime
26. Parental Leave
41. Personal Accident and Sickness Insurance
25. Personal/Carers Leave
36. Plant Shut Downs
43. Protection of Employee Entitlements
37. Protective Clothing & Equipment
4. Rates of Pay
33. Redundancy and Retrenchment
13. Requirements to Work in Accordance with
the Needs of the Industry
32. Retention of Rate
42. Salary Sacrifice
11. Shift Work
18. Sick Leave
7. Special Rates
15. Sunday and Holiday Rates
31. Time and Payment of Wages
2. Title
Attachment
1 - Industrial Incident Report Form
Attachment
2 - Arrangements for Working 12 Hour Shifts
PART
B - Monetary Rates
Table
1 - Rates of Pay
Table
2 - Other Rates and Allowances
2. Title
2.1 This award
shall be known as the Smorgon Steel Group - Reinforcing and Steel Products
Division - Manufacturing and Grinding Media Waratah - Award 2006.
3. Basic Wage
3.1 This award, in
so far as it fixes rates of pay, is made by reference and in relation to the
adult basic wage from time to time effective.
4. Rates of Pay
4.1 Adult
Employees - The minimum rate of pay of any classification shall, subject to the
other provisions of this award, be the rate of pay attached to that
classification as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
4.2 In addition to
the minimum rates of pay prescribed by this clause employees receive payments in
the form of an over award payment or bonus payment as applicable.
5. Leading Hands
5.1 Employees
appointed by the Company as leading hands shall be paid additional amounts as
set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
6. Mixed Functions
6.1 An employee,
who is required to do work carrying a higher rate than the employees ordinary
classification for two hours or more on any day or shift, shall be paid at the
higher rate for the whole of the day or shift.
6.2 Subject to
subclause 6.1 of this clause, an employee, who on any day or shift is required
to do work of a higher paid classification for at least one hour, shall be paid
the rate prescribed for such work whilst so engaged.
6.3 An employee
required to do work carrying a lower rate than the employees ordinary
classification shall be entitled to payment at the rate of his ordinary
classification except:
6.3.1 where, because
of a strike by fellow employees in the establishment in which the employee is
employed, work in the employees ordinary classification is not available and
where the period spent on the work carrying the lower rate is at least one
hour; and
6.3.2 in respect of
work on overtime, where the period spent on the work carrying the lower rate is
at least one hour.
7. Special Rates
This clause shall not apply to bricklayers nor to electrical
tradesmen.
7.1 Hot Work
7.1.1 Hot work is
work done in places where the temperature raised by artificial means is above
49 degrees Celsius.
7.1.2 The following
employees, whilst engaged on hot work, shall receive an additional rate as set
out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, per hour:
(a) Electric Steel
Furnaces - All employees employed in connection with demolition work, except
crane drivers but including front end or overhead loader drivers.
(b) Mill Furnaces -
All employees employed in connection with demolition of mill furnaces except
crane drivers and bricklayers but including front end loader drivers.
(c) General -
Labourers assisting bricklayers not already provided for herein.
7.2 Wet Places
7.2.1 Employees
required to work in wet places where the depth of the water is such that the tops
of hip boots supplied by the Company do not afford protection shall be paid in
addition the sum as set out in Item 3 of Table 2 per day or shift or part
thereof.
7.3 Other Special
Rates
7.3.1 Employees
engaged inside stacks on the demolition of brickwork shall be paid in addition,
the sum as set out in Item 4 of Table 2 per day or shift or part thereof.
7.3.2 Explosive
Powered Tools - Employees required to use explosive powered tools shall be paid
the sum as set out in Item 5 of Table 2 per hour extra, with a minimum payment
as set out in the said Item 5.
7.3.3 A plumber
shall, if required to compute quantities or make up estimates, be paid the
amount as set out in Item 6 of Table 2 in addition to the ordinary rate of pay.
7.3.4 A plumber may
receive the allowances as set out in Item 7 of Table 2.
NOTE:
Gasfitting licence shall be deemed to include coal gas, town gas,
natural gas, liquid petroleum gas or any other gas where it is required by any
State Act of Parliament or regulation that the holder of a licence be
responsible for the installation of any such service or services.
7.3.5 A plumber who
may be required by the employer to act on a licence or licences during the
course of employment is entitled to be paid at the rate per hour mentioned in
this award for every hour of his employment whilst liable to be called upon by
the employer to act on licence or licences, whether the employee has in any
hour in fact acted on such licence or not.
7.3.6 The provisions
of clause 16, Maximum Payment, shall not apply to the rates prescribed by this
subclause.
7.3.7 A plumber who
works in a confined space as defined shall be paid the amount as set out in
Item 8 of Table 2 per hour.
7.3.8 A plumber who
is called upon to handle charcoal, pumice, granulated cork, silicate of cotton,
insulwool, slag wool or other recognised insulation material of a like nature
or working in the immediate vicinity so as to be affected by the use thereof,
shall be paid as set out in Item 9 of Table 2 per hour or part thereof.
7.4 When more than
one of the above rates provide payment for disabilities of substantially the
same nature, then only the highest of such rates shall be payable.
7.5 A plumber
working on a bosun's chair or a plumber working on a swinging stage or rope ladder
at a height of 7.5 metres above ground level shall be paid in addition the sum
as set out in Item 10 of Table 2 per day or shift or part thereof.
7.6 Plumbers and
labourers assisting plumbers employed on any chokage necessitating the opening
up of any soil, waste or drain pipes or scuppers, conveying sewage shall be
paid in addition the sum as set out in Item 11 of Table 2 per day or shift or
part thereof.
7.7 A plumber,
licensed plumber and/or leadburner who is a holder of a certificate of registration
under the Home Building Act 1989 shall be paid a registration allowance at the
rate as set out in Item 12 of Table 2 per hour on the production of such
certificate. The allowance shall be
paid for all purposes of the award with the exception of clause 11.3, Saturday
Rates for Shift Workers, clause 11.4, Night Work for Day Workers and Day Shift
Workers, clause 12, Overtime, and clause 15, Sunday and Holiday Rates in which
cases it shall be paid as a flat rate for all hours worked.
7.8 A rigger
and/or roper and/or splicer who holds a certificate of competency as a rigger,
and who is required to obtain and use a certificate of competency as a
scaffolder shall, upon obtaining and using such certificate, be paid an
allowance per 38-hour week as set out in Item 13 of Table 2.
7.9 Definition -
8. Electricians - Special Rates
8.1 In addition to
the rates of pay prescribed in clause 4, Rates of Pay, the following special
rates and allowances shall be paid to electrical fitters and electrical mechanics:
8.2 Hot Places -
Electricians working for more than one hour in the shade in places where the
temperature is raised by artificial means to between 46 degrees Celsius and 54
degrees Celsius shall be paid the amount as set out in Item 14 of Table 2 - Other
Rates and Allowances, of Part B Monetary Rates, per hour extra; in places where
the temperature exceeds 54 degrees Celsius employees shall be paid as set out
in the said Item 14 per hour extra. Where work continues for more than two hours
in a temperature exceeding 54 degrees Celsius employees shall be entitled also
to twenty minutes rest after every two hours work without deduction of
pay. The temperature shall be decided
by the supervisor of the work after consultation with the employees who claim
the extra rate.
8.3 High Places
8.3.1 Electricians
engaged in the construction, erection, repair and/or maintenance of steel frame
buildings, bridges, gasometers or other structures at a height of 15 metres or
more directly above a substantial level surface shall be paid a height
allowance as set out in Item 15 of Table 2 per hour and an additional amount as
set out in the said Item 15 per hour for each further 15 metres increase in
height at which the employee is working.
8.3.2 Electricians
working on a building or structure in a bosun's chair or swinging scaffold at a
height up to 15 metres directly above a substantial level surface, shall be
paid a height allowance as set out in the said Item 15 per hour and an
additional amount as set out in the said Item 15 per hour for each further 15
metres increase in the height at which the employee is working.
8.4 Dirty Work -
Electricians engaged on work which a supervisor agrees is of an unusually dirty
or offensive nature shall be paid the amount as set out in Item 16 of Table 2
per hour extra. In case of disagreement
the employee or Union representative shall be entitled, within twenty-four
hours, to ask for a decision on the claim.
In such case a decision shall be given within forty-eight hours (unless
that time expires on a non-working day, in which case it shall be given during
the next working day) or else the said allowance shall be paid. Any dispute arising under this subclause as
to whether the work is of an unusually dirty or offensive nature shall be
determined pursuant to the Clause 28, Disputes Settling Procedure.
8.5 Confined
Spaces - Electricians working in confined spaces (as defined in Clause 34)
shall be paid the amount as set out in Item 17 of Table 2, per hour.
8.6 Wet Places -
Electricians required to work in wet places where the depth of water is such
that the tops of hip boots supplied by the Company do not afford protection
shall be paid in addition the sum as set out in Item 18 of Table 2 per day or
shift or part thereof.
8.7 Explosive
Powered Tools - Electricians required to use explosive powered tools shall be
paid as set out in Item 19 of Table 2 per hour extra with a minimum payment as
set out in the said Item 19 per day.
8.8 Toxic
Substances
8.8.1 Electricians required
to use toxic substances shall be informed by the employer of the health hazards
involved and instructed in the correct and necessary safeguards which must be
observed in the use of such materials.
8.8.2 Electricians
using such materials will be provided with and shall use all safeguards as are
required.
8.8.3 Electricians
using toxic substances or materials of a like nature, where such substances or
materials are used in quantities of 0.5 kg or over, shall be paid the amount as
set out in Item 20 of Table 2 per hour extra.
8.8.4 Electricians
working in close proximity to employees so engaged so as to be affected by the
use of such substances or materials shall be paid as set out in the said Item
20 per hour extra.
8.8.5 For the purpose
of this subclause toxic substances shall include epoxy based materials and all
materials which include or require the addition of a catalyst hardener and
reactive additives or two-pack catalyst system shall be deemed to be materials
of a like nature.
8.9 Where more
than one of the above rates provide payment for disabilities of substantially
the same nature then only the highest of such rates shall be payable.
9. General - Special Rates
9.1 In addition to
the rates of pay prescribed under the heading "General" of clause 4,
Rates of Pay, the following special rates and allowances shall be paid to
employees in classifications under that heading. The provisions of clause 7, Special Rates, shall not apply to
such employees.
9.1.1 Confined Space
- Working in confined spaces as set out in Item 21 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates per hour extra.
9.1.2 Dirty Work -
Work which a supervisor and employee shall agree is of an unusually dirty or
offensive nature - as set out in Item 22 of Table 2 per hour extra.
In case of disagreement the employee or Union
representative on his behalf shall be entitled, within twenty-four hours, to
ask for a decision on the claim. In
such case a decision shall be given on the employee’s claim within forty-eight
hours (unless that time expires on a non-working day in which case it shall be
given during the next working day) or else the said allowance shall be
paid. Any dispute arising under this
subclause as to whether the work is of an unusually dirty or offensive nature
shall be determined pursuant to clause 28, Dispute Settling Procedure.
9.1.3 Height Money -
Employees engaged in the construction, erection, repair and/or maintenance of
steel frame buildings, bridges, gasometers, or other structures at a height of
15 metres or more directly above the nearest horizontal plane shall be paid as
set out in Item 23 of Table 2 per hour extra.
9.1.4 Hot Places -
Working for more than one hour in the shade in places where the temperature is
raised by artificial means to between 46 and 54 degrees Celsius employees shall
receive the amount as set out in Item 24 of Table 2 per hour extra; in places
where the temperature exceeds 54 degrees Celsius employees shall receive the
amount as set out in the said Item 24 per hour extra; where work continues for
more than two hours in temperatures exceeding 54 degrees Celsius, employees
shall also be entitled to twenty minutes rest after every two hours work
without deduction of pay.
The temperature shall be decided by the supervisor of
the work after consultation with employees affected.
9.1.5 Slag Wool -
Employees handling loose slag wool, loose insulwool or other loose material of
a like nature used for providing insulation against heat, cold or noise shall when
so employed on the construction, repair or demolition of furnaces, walls,
floors and/or ceilings, be paid as set out in Item 25 of Table 2 per hour
extra.
9.1.6 Wet Places - An
employee working in any place where his clothing or boots become saturated
whether by water, oil or otherwise, shall be paid as set out in Item 26 of
Table 2 per hour extra; provided that
this extra rate shall not be payable to an employee who is provided by the
Company with suitable and effective protective clothing and/or footwear. Provided further, that any employee who
becomes entitled to this extra rate shall be paid such extra rate for such part
of the day or shift when required to work in wet clothing or boots.
9.1.7 Explosive
Powered Tools - Employees required to use explosive powered tools shall be paid
as set out in Item 27 of Table 2 per hour extra with a minimum payment as set
out in the said Item 27 per day.
9.1.8 Special Rates
Not Cumulative - Where more than one of the above disabilities entitling an
employee to extra rates exist on the same job, the employer shall be bound to
pay only one rate, namely, the highest for the disabilities so prevailing:
provided that this subclause shall not apply to confined spaces, dirty work,
height money, hot places or wet places, the rates for which are cumulative.
9.1.9 Rates not
Subject to Penalty Additions - The special rates herein prescribed shall be
paid irrespective of the times at which the work is performed and shall not be
subject to any premium or penalty additions.
10. Hours of Duty
10.1 All Employees -
Ordinary working hours shall be an average of thirty-eight hours per week over
the full cycle of the relevant work roster.
Ordinary working hours shall not exceed-
10.1.1 Twelve hours
during any consecutive twenty-four hours; or
10.1.2 152 hours in
twenty-eight consecutive days,
except in the case of rostering arrangements which
provide for the weekly average of 38 ordinary hours to be achieved over a
period which exceeds 28 consecutive days.
10.2 Day Workers
10.2.1 Ordinary working
hours shall be worked Monday to Friday, inclusive, between the hours of 7.00am
and 5.00pm.
10.2.2 On each day
worked, Monday to Friday, inclusive, a 30-minutes unpaid meal break will be
taken.
10.2.3 The ordinary
crew working hours of employees employed in wheel, tyre and axle and forge
sections as day workers shall be forty and a half per week, to be worked 8½
hours per day, Monday to Friday, inclusive, between the hours of 7.00am and
5.30pm, including crib time, for which no reduction of pay shall be made.
10.3 The weekly
rates of pay prescribed by clause 4, Rates of Pay, for such employees shall be
deemed to be thirty-eight working hours and such employees shall be paid
proportionately for ordinary working hours worked by them.
10.4 Shift Workers -
Twenty minutes shall be allowed each shift for crib, which shall be counted as
time worked.
10.5 Meal breaks
will be taken during the middle two hours of the day or shift.
11. Shift Work
11.1 Shift workers
shall be paid in addition shift work allowance equal to 10 percent of the rate
of pay attached to that classification as set out in Table 1 - Rates of Pay, of
Part B, Monetary Rates.
11.2 An employee who
at the direction of the Company:
11.2.1 During a period
of engagement on shift, works afternoon and/or night shift only; or
11.2.2 Remains on
afternoon and/or night shift for a longer period than four consecutive weeks;
or
11.2.3 Works on
afternoon and/or night shift which does not rotate or alternate with day shift
or day work so as to give him or her at least one third of his or her working
time on day shift or day work;
Shall, during such engagement, period or cycle, be paid
in addition shift work allowance equal to 15 per cent of the rate of pay
attached to that classification as set out in Table 1 - Rates of Pay, Part B,
Monetary Rates, for all time worked during ordinary working hours on such
afternoon and/or night shift.
11.3 Shift workers,
for ordinary hours performed on Saturday, shall be paid at the rate of time and
one-half.
11.4 Night Work for
Day Workers and Day Shift Workers - Subject to clause 16, Maximum Payment, but
otherwise notwithstanding anything contained herein -
11.4.1 a day worker who
is required, in lieu of ordinary day work; or
11.4.2 a day shift
worker (as defined in 11.4.4) who is required, in lieu of a day shift on which
he would ordinarily be rostered;
11.4.3 to work at night
(as defined in 11.4.4) for periods of not less than eight hours on less than five
consecutive nights or on less than four consecutive nights when the fifth night
is a 38-hour week rostered off night shall be paid at the rate of time and
one-half of the ordinary rate of pay under clause 4, Rates of Pay, except -
(a) on Saturdays,
Sundays, 38-hour week rostered off days and holidays; and
(b) in respect of
any night of which at least 48 hours notice has not been given,
11.4.4 will be paid at
overtime rates for day workers. No
shift allowance is payable in respect of night work under this clause.
11.5 In this clause
"night" means any hours between 3.00pm and 7.00am, and "day
shift worker" means a shift worker employed on a shift system involving
day shift only.
11.6 Transfer of Day
Workers from Day Work to Shift Work - Day workers may be employed as and become
shift workers for a period of not less than five shifts or not less than four
shifts when the fifth shift is a 38-hour week rostered off shift and paid
accordingly: provided that an employee
shall be paid at overtime rates for any shift employed as a shift worker under
this clause in respect of which the employee has not been given at least 48
hours' notice.
11.7 Transfer of
Shift Workers - A shift worker who is required to work on a shift other than
the shift ordinarily rostered shall be paid at overtime rates for any such
shift in respect of which at least 48 hours' notice has not been given. This provision shall not apply when the
employee reverts to the ordinary rostered shift.
12. Overtime
12.1 Day Workers -
Day workers for all time worked in excess of or outside the ordinary working
hours and times prescribed by this award shall be paid at the rate of time and
one-half for the first two hours and at the rate of double time thereafter.
12.2 Shift Workers -
for all time worked;
12.2.1 in excess of or
outside the ordinary working hours prescribed by this award; or
12.2.2 on more than
eleven shifts in twelve consecutive days; or
12.2.3 on a shift other
than a rostered shift; or
12.2.4 in excess of
five and one-half hours without a meal break; shall
(a) If employed on
continuous shift work be paid at the rate of double time; or
(b) If employed on
other shift work at the rate of time and one-half for the first two hours and
at the rate of double time thereafter.
12.3 This subclause
shall not apply when the time is worked;
12.3.1 by arrangement
between the employees themselves; or
12.3.2 for the purpose
of effecting the customary rotation of shifts.
12.4 General - An
employee required to continue at work on overtime for more than one and a half
hours after the employee’s ordinary ceasing time without having been notified
before leaving work on the previous day that the employee would be required to
work overtime shall, at the employee's option, be:
12.4.1 provided, free
of cost, with a suitable meal and another meal for each subsequent meal break
into which the work extends; or
12.4.2 paid the amount
as set out in Item 28 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, for each meal.
12.5 An employee,
pursuant to notice, that has provided a meal and is not required to work
overtime or is required to work for less than one and a half hours will be
recompensed suitably for the meal provided but which is surplus.
12.6 Where an
employee working overtime finishes work at a time when reasonable means of
transport are not available the Company shall -
12.6.1 within a
reasonable time, provide conveyance to -
(a) a reasonable
distance from the employees home; or
(b) a place to
which the employee usually travels by public conveyance when returning home
from work; or
(c) a place from
which the employee can, within a reasonable time, obtain public conveyance to a
reasonable distance from the employees home or the place to which the employee
usually travels by public conveyance when returning home from work; or
(d) pay the
employee current rate of pay for the time reasonably occupied in reaching the
employees home.
12.7 An employee
recalled to work overtime after leaving the employers’ business premises (whether
notified before or after leaving the premises) shall be paid for a minimum of
four hours work at the appropriate rate for each time the employee is so
recalled; provided that, except in the case of unforseen circumstances arising,
the employee shall not be required to work the full four hours if the job the
employee was recalled to perform is completed within a shorter period. This subclause shall not apply in cases
where it is customary for an employee to return to the employers’ premises to
perform a specific job outside the employee’s ordinary working hours, or where
the overtime is continuous (subject to a reasonable meal break) with the
completion or commencement of ordinary working time.
12.8 Overtime in the
circumstances specified in this subclause shall not be regarded as overtime for
the purpose of subclause 12.9 of this clause when the actual time worked is
less than four hours on such recall or on each of such recalls.
12.9 Where overtime
is necessary and it is practical in the circumstances it will be arranged that
an employee(s) will have, as a minimum, eight consecutive hours off duty
between the work on successive days.
12.10 An employee who
works so much overtime between the finishing 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 eight consecutive hours off duty between those times shall,
subject to this clause, be released after completion of such overtime until
they have had eight consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
If, on the instructions of the Company, such an employee resumes or
continues working without having had such eight consecutive hours off duty,
they shall be paid at double time rates until they have had eight consecutive
hours off.
12.11 An employee who
is recalled from the employees home to work overtime shall, at the employee's
option -
12.11.1 be provided, free
of cost, with a suitable meal for each normal meal break falling during the
overtime period; or
12.11.2 be paid the
amount as set out in Item 29 for each such meal.
12.12 For the purposes
of this clause a "recall" from home to work overtime takes place when
an employee is notified at home of the requirement to return to work.
13. Requirements to Work in Accordance with the
Needs of the Industry
13.1 For the purpose
of meeting the needs of the industry the Company may require an employee to
work reasonable overtime, including work on Sundays and holidays, at the rate
prescribed by this award and, unless reasonable excuse exists, the employee
shall work in accordance with such requirements.
13.2 Subject to
sub-clause 11.6, Transfer of Day Workers from Day Work to Shift Work, and
sub-clause 11.7, Transfer of Shift Workers, for the purpose of meeting the
needs of the industry, the Company may require any employee to transfer from
one system of work to another system of work prescribed at the rate applicable
thereto, and unless reasonable cause exists, an employee shall transfer in
accordance with such requirement.
13.3 Plant
operations will be continuous, meaning employees will not leave their place
of work for any reason whilst on duty
without first being relieved.
14. Holidays
14.1 The days on
which New Year's Day, Australia Day, Good Friday, the Saturday following Good
Friday, Easter Monday, Anzac Day, the local Eight Hour Day, Queen's Birthday,
Christmas Day, Boxing Day and the additional public holiday being the Steel
Industry Picnic Day are observed and special days appointed by proclamation as
public holidays throughout the State shall be holidays and day workers and
Monday to Saturday shift workers not required to work on a holiday shall be
paid for the holiday at the ordinary rates of pay under clause 4, Rates of Pay,
and at a bonus rate calculated in accordance with subclause 14.3 of this
clause.
14.2 This provision
for payment does not apply to -
14.2.1 employees whose
rostered shift off falls on a holiday (subject to the provisions of subclause 21.2.2
of clause 21, Days added to the Period of Annual Leave or Long Service Leave);
14.2.2 employees absent
without leave or reasonable excuse on the working day preceding or the working
day succeeding a holiday.
14.3 The bonus rate
referred to in subclause 14.1 of this clause shall be payable to an employee to
whom bonus is payable under a bonus setting and shall be either the average
bonus payable to employees of the same classification under that bonus setting
for each ordinary shift or ordinary day worked by those employees during the
last bonus period preceding the holiday or the average bonus payment to the
employee for each ordinary shift or ordinary day worked during the last bonus
period preceding the holiday.
15. Sunday and Holiday Rates
15.1 Employees shall
be paid at the rate of double time for all work done on Sundays and at the rate
of double time and one-half for all work done on the holidays prescribed by
this award.
16. Maximum Payment
16.1 Shift
allowances and special rates shall not be subject to any premium or penalty
additions.
16.2 All rates
prescribed shall not exceed double the rates prescribed by clause 4, Rates of
Pay, and clause 5, Leading Hands, provided that this subclause shall not apply
to any excess due to payments under clause 7, Special Rates; clause 8,
Electricians - Special Rates; subclause
9.1 of clause 9, General - Special Rates; clause 11, Shift Work Allowances for
Shift Workers; or clause 15, Sunday and
Holiday Rates (in respect of work done on holidays).
17. Employees Presenting Themselves for Work and
Not Required
17.1 Subject to the
provisions of clause 29, Contract of Employment, an employee who presents for
either normal rostered work or arranged overtime and is subsequently not
required, will be paid four hours ordinary pay plus bonus.
18. Sick Leave
18.1 An employee who
is unable to attend for duty during ordinary working hours by reason of
personal illness or personal incapacity not due to the employees own serious
and wilful misconduct shall be entitled to be paid at ordinary time rates of
pay and in addition the bonus payment which would have been payable if the
employee had attended for duty, for the time of such non-attendance subject to
the following:
18.1.1 the employee
shall not be entitled to be paid leave of absence for any period in respect of
which he is entitled to workers' compensation;
18.1.2 an employee
shall not be entitled in respect of any year of continued employment to sick pay
for more than the number of ordinary working hours specified in subclause
18.1.3 of this subclause. Any period of
paid sick leave allowed by the Company to an employee in any such year shall be
deducted from the period of sick leave which may be allowed or may be carried
forward under this award in or in respect of the earliest year of employment
for which the employee has an accumulated or accrued right;
18.1.3 the number of
ordinary working hours referred to in subclause 18.1.2 of this subclause shall
be:
(a) in the case of
an employee with less than 1 year's continued employment: 40;
(b) in the case of
an employee with 1 or more years' continued employment but less than 10 years'
continued employment: 64;
(c) in the case of
an employee with 10 or more years' continued employment: 80;
(d) in the case of
an employee working 12 hour shifts the hours provided in subclauses a), b) and
c) of this clause shall be 48, 72 and 96 hours respectively.
18.2 The rights
under this clause shall accumulate from year to year so long as the employment
continues with the Company, whether under this or any other award, so that any
part of the number of ordinary working hours specified in subclause 18.1.3 of
this clause which has not been allowed in any year may be claimed by the
employee and shall be allowed by the Company, subject to the conditions
prescribed by this clause, in a subsequent year of such continued
employment. Any rights which accumulate
pursuant to this subclause shall be available to any employee entering the
employment of the Company on or after 1 January 1986, for a period of 16 years,
but for no longer, from the end of the year in which they accrued.
18.3 In the case of
an 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 the period of current employment with the Company, the right to
receive payment shall not arise until such service has been given.
18.4 For the purpose
of this clause continuous service shall be deemed not to have been broken by -
18.4.1 any absence from
work on leave granted by the Company; or
18.4.2 any absence from
work by reason of personal illness, injury or other reasonable cause, proof
whereof shall, in each case, be upon the employee;
18.4.3 provided that
any time so lost shall not be taken into account in computing the qualifying
period of three months.
18.5 Service before
the date of coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
18.6 In this clause
"ordinary working hours" shall include working hours on shifts known
as compulsory roster shifts, ring roster shifts or 21st shifts which are paid
at overtime rates.
19. Notification of Sick Leave
19.1 An employee
absent from work on account of personal illness or injury is entitled to claim
sick leave as provided by this award subject to notification of the intended
absence at least one hour prior to the commencement of the day or shift.
19.2 No medical
certificate for single day absences will be required unless requiring payment
for sick leave taken without notification of absence to Security. Medical certificates will be required for
all absences exceeding a day or shift.
19.3 All claims for
sick leave and all medical certificates supplied to the Company will state the
nature of the illness/injury requiring absence from duty.
19.4 Medical
certificates provided in support of a claim for sick leave will be dated to
coincide with the first day of the absence from duty otherwise sick leave will
only be paid from the date shown on the medical certificate.
20. Annual Leave
20.1 Day Workers and
Monday to Saturday Shift Workers: See Annual
Holidays Act 1944.
20.2 Shift workers
whose working period includes Sundays and Public Holidays as ordinary working
days:
20.2.1 In addition to
the benefits provided by section 3 of the Annual Holidays Act 1944, with regard
to an annual holiday of four weeks, an employee who, during the year of their
employment with the Company with respect to which they become entitled to the
said annual holiday of four weeks, gives service to the Company as a seven-day
shift worker, shall be entitled to the additional leave as hereunder specified:
(a) if during the
year of employment the employee has served the Company continuously as such
seven-day shift worker the additional leave with respect to that year shall be
one week;
(b) subject to
subparagraph (d), of this paragraph, if during the year of employment, the
employee has served for only a portion of it as such seven-day shift worker the
additional leave shall be one day for every thirty-three ordinary shifts worked
as a seven-day shift worker;
(c) subject to
subparagraph (d), of this paragraph, an employee shall be paid for such
additional leave at the annual leave rate of pay, for the number of ordinary
hours of work for which such employee would have been rostered for duty during
the period of additional leave had such employee not been on such additional
leave;
(d) where the
additional leave calculated under this subclause is or includes a fraction of a
day such fraction shall not form part of the leave period and any such fraction
shall be discharged by payment only;
(e) in this clause
reference to one week and one day shall include holidays and non-working days.
20.2.2 Where the
employment of a worker has been terminated and thereby becomes entitled under
section 4 of the Annual Holidays Act 1944, to payment in lieu of an
annual holiday with respect to a period of employment, the employee shall also
be entitled to an additional payment of three and one-half hours at the annual
leave rate of pay with respect to each twenty-one shifts of service as such
seven-day shift worker during such period of employment.
20.2.3 A seven-day
shift worker under this subclause shall be paid at the appropriate rate for any
"compulsory roster" shift, also known as a "twenty-first"
shift, which the employee would have worked during the employee’s period of
annual leave.
20.3 Monday to Saturday
shift workers who are regularly rostered for duty on Saturdays as ordinary
working days.
In addition to the benefits provided by section 3 of
the Annual Holidays Act, 1944 with regard to an annual holiday of four weeks,
an employee who during the year of his employment with the Company becomes
entitled to the said annual holiday of four weeks, gives service to the Company
as a Monday to Saturday
shift worker who is regularly rostered for duty on
Saturdays as ordinary working days, shall be entitled to additional leave as
hereunder specified:
20.3.1 For every
thirteen Saturdays upon which the employee worked an ordinary shift as a Monday
to Saturday shift worker who is rostered for duty on Saturdays as ordinary
working days the additional leave with respect to that year shall be one day.
20.3.2 Where the
additional leave calculated under this subclause is or includes a fraction of a
day such fraction shall not form part of the leave period and any such fraction
shall be discharged by payment only.
20.4 Annual Leave
Loading - In respect of a period of annual leave an employee shall be paid a
loading, namely 20 per cent, of whichever amount, to be calculated for the
period of annual leave, is the lesser of -
20.4.1 the employees
ordinary pay pursuant to the Annual Holidays Act, 1944, and where applicable,
the employees annual leave rate of pay pursuant to this clause, and clause 21,
Days Added to the Period of Annual Leave, or Long Service Leave; or
20.4.2 the sum of -
(a) the employees
award rate of pay for ordinary time at the commencement of annual leave as
prescribed by clause 3, Basic Wage, clause 4, Rates of Pay, clause 5, Leading
Hands, and subclause 6.3 of clause 6, Mixed Functions, of this award; and
(b) the employees
rate of maximum all purpose bonus payable at the commencement of annual leave
pursuant to the bonus setting applicable to the employee.
Provided that an employee who would have worked shift
work but for being on annual leave shall be paid whichever is the greater of
the said loading, or the shift work allowances pursuant to clause 11.1, Shift
Work Allowances for Shift Workers, the weekend penalty rates pursuant to clause
11.3, Saturday Rates for Shift Workers, and (in respect of Sundays only) clause
15, Sunday and Holiday Rates, that would have been payable in respect of
ordinary time during the period of annual leave but for being on annual leave.
20.4.3 The loading
prescribed by this subclause shall apply to payment in lieu of a fully due annual
holiday on termination of employment, but shall not apply to proportionate
annual holiday payment on termination of employment.
21. Days Added to the Period of Annual Leave or
Long Service Leave
21.1 In the case of
an employee who was, at the commencement of their annual leave or long service
leave, employed as a 7-day shift worker under this award, one day shall be
added to the annual leave period or long service leave period, respectively, in
respect of any holiday prescribed by this award which falls within the period
of annual leave or long service leave to which the employee is entitled under
this award.
21.2 An employee who
is rostered off duty on a day which is a holiday prescribed by this award and
who is not required to work on that day shall:
21.2.1 have one day
added to the annual leave period; or
21.2.2 by mutual
consent, be paid, in the pay period in which the holiday falls, for the holiday
at the rate payable pursuant to clause 14.1, Holidays.
This subclause shall not apply when the holiday falls:
21.2.3 on a Saturday or
Sunday except in the case of employees employed as seven-day shift workers
whose working period includes Sundays and Holidays as ordinary working days, of
this award; or
21.2.4 on a Sunday in
the case of employees employed as Monday to Saturday shift workers who are
regularly rostered for duty on Saturdays as ordinary working days.
21.3 Any day or days
added in the case of annual leave shall be paid for at the annual leave rate of
pay and in the case of long service leave shall be paid for at the long service
leave rate of pay.
21.4 Any day or days
added in accordance with subclauses 21.1 or 21.2 of this clause, shall be the
working day or working days immediately following the period of annual leave or
long service leave respectively to which the employee is entitled under clause
20, Annual Leave, or clause 22, Long Service Leave.
21.5 For the
purposes of subclause 21.4 of this clause, working days shall be:
21.5.1 in the case of
an employee who, at the commencement of the period of annual leave or long
service leave, as the case may be, was employed as a day worker - any day of
the week including a day on which the employee concerned would have been
rostered off duty if not on annual leave or long service leave but excluding a
Saturday, a Sunday or a holiday;
21.5.2 in the case of
an employee who, at the commencement of the period of annual leave or long
service leave, as the case may be, was employed as a Monday to Saturday shift
worker - any day of the week, other than a Sunday or a holiday, including a day
on which the employee concerned would have been rostered off duty if not on
annual leave or long service leave.
21.5.3 in the case of an
employee who, at the commencement of his period of annual leave or long service
leave, as the case may be, was employed as a 7-day shift worker - any day of
the week including a day on which the employee concerned would have been
rostered off duty if not on annual leave or long service leave.
21.6 Where the
employment of a worker has been terminated and under section 4 of the Annual
Holidays Act 1944, an entitlement accrues to payment in lieu of an annual
holiday with respect to a period of employment the employee shall also be
entitled to an additional payment for each day accrued under subclause 21.2 of
this clause, at the annual leave rate of pay.
21.7 An employee who
is employed as a seven-day shift worker who -
21.7.1 has a day added
to annual leave or long service pursuant to subclauses 21.1 and 21.2 of this
clause, and
21.7.2 such a day falls
on a holiday prescribed by clause 14, Holidays, on which the employee would
have been rostered to work an ordinary shift were it not for an entitlement to
an added day shall be paid for such day, in addition to the entitlement under
subclause 21.3 of this clause, at the rate prescribed by subclause 14.1 of the
said clause 14.
22. Long Service Leave
22.1 See Long
Service Leave Act, 1955.
22.2 Notwithstanding
the Long Service Leave Act 1955, the award rate (basic wage and margin)
element of ordinary pay for long service leave shall be either that:
22.2.1 determined in
accordance with the Long Service Leave Act 1955; or
22.2.2 applicable to
the employee at the commencement of the period of long service leave whichever
is the greater.
22.3 An employee
shall be entitled to have all days which are prescribed as holidays by clause
14, Holidays, treated as days appointed by the Governor as public holidays for
the purposes of the application of Section 4(4A) of the Long Service Leave Act,
1955.
23. Jury Service
23.1 An employee
required to attend for jury service:
23.1.1 during ordinary
working hours; or
23.1.2 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, is not reasonably able to report for work on the night shift or
afternoon shift, as the case may be:
shall be paid by the Company their ordinary time rate
and bonus which would have been payable in respect of the ordinary time
rostered had the employee not attended for jury service.
23.2 The employee
will reimburse to the Company the amount received in respect of such jury
service upon payment.
23.3 An employee
shall notify the Company as soon as possible of the date upon which attendance
for jury service is required. Further,
the employee shall give the Company proof of attendance, the duration of such
attendance and the amount received in respect of such jury service.
24. Compassionate Leave
24.1 An employee
shall, on production of acceptable proof of the death of a spouse (including a
de facto spouse), father, mother, foster-father, foster-mother, stepfather,
stepmother, father-in-law, mother-in-law, brother, sister, stepbrother,
stepsister, brother-in-law, sister-in-law, child, stepchild, son-in-law,
daughter-in-law, grandparents, grandchildren or grandparents-in-law, be entitled
on notice to compassionate leave without deduction from ordinary wages for such
period not exceeding three days as is reasonable in the circumstances.
24.2 Where an
employee incurs significant travel to attend a funeral, the amount of
compassionate leave will be increased by a further two days upon production of
acceptable evidence documenting the necessity to travel.
24.3 In addition to
the employee’s ordinary time work rate of pay, the amount of bonus applicable
for the period of compassionate leave will also be paid.
24.4 Compassionate
leave will not be granted if the period of leave coincides with any other
period of paid leave.
25. Personal/Carers Leave
25.1 An employee
with responsibilities in relation to a class of person set out in clause 25.3.2
who needs their care and support shall be entitled to use, in accordance with
this subclause, any sick leave entitlement which accrues after date 21 August
1996 for absences to provide care and support for such persons when they are
ill.
25.2 The 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.
25.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
25.3.1 the employee
being responsible for the care and support of the person concerned; and
25.3.2 the person
concerned being:
(a) spouse of the
employee; or
(b) a defacto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an
ex-nuptial child), partner (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or defacto partner
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
i. "relative"
means a person related by blood, marriage or affinity;
ii. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
or the other; and
iii. "household"
means a family group living in the same domestic dwelling.
25.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
26. Parental Leave
26.1 Should either
the Federal Government or respective State Governments legislate in respect of
paid maternity or parental leave, any payments required to be made under that
particular legislation would be absorbed against any payments arising out of
this clause. Parental leave is granted
to employees subject to their meeting the requirements described in the
sub-clauses following:
26.2 Definitions
"Child" means a child of the employee under
one year of age or, in the case of an adopted child or a child to be adopted,
under five years of age, other than a child or step-child of the employee or the
employee's spouse, or a child who has previously lived continuously with the
employee for a period of six months or more.
"Continuous Service" means service under an
unbroken contract of employment and includes:
(a) Any period of leave
taken in accordance with this policy, including part-time leave.
(b) Any period of
leave or absence authorised by the Company.
"Eligible Employee" is one that has had at
least twelve months continuous service with the Company and where that employee
intends to return to the Company for at least six months following the leave.
In the event that the employee does not return to work with the Company for a
period of six months following the completion of the parental leave, the
Company may require the employee to reimburse the amount of paid leave and/or
through a deduction from monies due to the employee on termination.
"Maternity Leave" means leave granted in
accordance with this policy and is 12 weeks paid leave plus up to 40 weeks
unpaid leave preceded by at least twelve months continuous service with the
Company.
"Paternity Leave" means leave granted in
accordance with this policy and includes:
(a) ‘short
paternity leave’ of 1 weeks paid leave, and
(b) ‘extended
paternity leave’ of 1 week paid leave plus a further period of up to 51 weeks
unpaid leave preceded by at least twelve months continuous service with the
Company.
"Adoption Leave" means leave granted in
accordance with this policy and includes:
(a) ‘short
adoption leave’ of 1 weeks paid leave and a further period of two weeks unpaid,
and
(b) ‘extended
adoption leave’ of 12 weeks paid leave and further period of up to 40 weeks
leave where the employee is the primary caregiver, preceded by at least twelve
months continuous service with the Company.
"Primary Care Giver" means a person who
assumes the principal role of providing care and attention to a child.
"Relative adoption" occurs where a child, as
defined, is adopted by a grandparent, sibling, aunt or uncle (whether of the
whole blood or half blood or by marriage).
"Spouse" includes de facto or former spouse.
26.3 Eligibility for
Leave
26.3.1 Maternity Leave
An eligible employee whose expected date of confinement
has been confirmed in writing by a registered medical practitioner, will be
entitled to 12 weeks paid maternity leave, and up to 40 weeks of unpaid leave
for each confinement. Written
notification of the date on which the eligible employee proposes to commence
maternity leave and the leave period must be provided via a leave application
form.
The paid component will be taken as the initial absence
on such leave and this twelve week period of paid leave is inclusive of any
public holidays arising within that time.
Where an employee applies for other paid leave (i.e.
annual leave or long service leave) continuous with a period of paid maternity
leave, and is eligible for that leave, the employee will be granted the paid
leave.
The entire absence in respect of maternity leave (paid,
unpaid, other leave) will not exceed 52 weeks.
This period shall be reduced by any period of paternity
leave taken by the employee's spouse in relation to the same child and, apart
from paternity leave of up to one week at the time of confinement, shall not be
taken concurrently with paternity leave.
Except as otherwise provided in this clause, the period
of maternity leave shall be unbroken and shall, immediately following
confinement, include a period of six weeks compulsory leave.
26.3.2 Paternity Leave
An eligible employee, upon production to the Company of
a certificate from a registered medical practitioner which names the employee's
spouse, states that the spouse is pregnant and the expected date of confinement
or the date upon which the birth took place, shall be entitled to one or two
periods of paternity leave, the total of which shall not exceed 52 weeks, in
the following circumstances;
(a) an unbroken
period of paid leave of up to one week (inclusive of any public holidays
arising within that time) at the time of the confinement of the spouse (short
paternity leave) and;
(b) a further
period of up to 51 weeks unpaid leave in order to be the primary care giver of
a child, provided that such leave shall not extend beyond the child's first
birthday (extended paternity leave).
This entitlement shall be reduced by any period of
maternity leave taken by the employee's spouse and shall not be taken
concurrently with that maternity leave.
26.3.3 Adoption Leave
An eligible employee, upon production to the Company of
a statement from an adoption agency or other appropriate body, or the presumed
date of placement of the child with the employee for adoption purposes, or a
statement from the appropriate government authority confirming that the
employee is to have custody of the child pending application for an adoption
order, shall be entitled to one or two periods of adoption leave, the total of
which shall not exceed 52 weeks in the following circumstances:
(a) an unbroken period
of paid leave of up to one week and a further period of two weeks unpaid at the
time of the placement of the child where the employee is not the primary care
giver ( short adoption leave); or an unbroken period of paid leave of up to 12
weeks at the time of the placement of the child in order to be the primary care
giver (The paid component will be taken as the initial absence on such leave
and this twelve week period of paid leave is inclusive of any public holidays
arising within that time); and
(b) a further
unbroken period of up to 40 weeks unpaid leave in order to be the primary care
giver of the child. This leave shall not extend beyond one year from the
placement of the child and shall not be taken concurrently with adoption leave
taken by the employee's spouse in relation to the same child (extended adoption
leave). This entitlement shall be reduced by: any period of leave taken at the
time of the placement of the child and; the aggregate of any periods of
adoption leave taken or to be taken by the employee's spouse.
26.4 Further
Requirement for Eligibility for Leave
Before taking leave in accordance with this clause, at
the time of giving notice for the period of leave, the employee shall give to
the Company a statutory declaration stating:
(a) the
particulars of any maternity, paternity or adoption leave, as the case may be,
sought or taken by the employee's spouse; and
(b) that the
employee, for the period of leave, will not engage in any conduct inconsistent
with the contract of employment; and
(c) when the leave
sought is paternity or adoption leave that it is taken to become the primary
care giver of a child.
26.5 Notice of Leave
26.5.1 An eligible
employee, in the case of maternity leave, shall, not less than 10 weeks prior
to the expected date of confinement, give to the Company the certificate
referred to in 26.3.1 hereof and not less than four weeks notice in writing of
the date upon which the employee proposes to commence such leave, state the
amount of leave to be taken and furnish the statutory declaration referred to
in 26.4 hereof, provided that an employee shall not be in breach of this
paragraph if failure to give notice herein prescribed is due to the confinement
occurring earlier than the presumed date.
26.5.2 An eligible
employee, in the case of paternity leave, shall, not less than 10 weeks prior
to each proposed period of leave, give to the Company notice in writing stating
the dates upon which the employee proposes to start and finish each period of
leave and produce the certificate referred to in 26.3.2 and the statutory
declaration referred to in 26.4 hereof; provided that an employee shall not be
in breach of this paragraph if failure to give the notice herein prescribed is
due to the birth occurring earlier than the presumed date, or the death of the
mother of the child, or other compelling circumstances; provided further that
the employee shall notify the Company of any change in the information provided
pursuant to 26.3.2 or 26.4 hereof.
26.5.3 In the case of adoption
leave, the employee shall notify the Company upon receiving notice of approval
for adoption purposes and within two months of such approval, shall further
notify the employer of the period or periods of adoption leave the employee
proposes to take. In the case of relative adoption, the employee shall notify
as aforesaid upon deciding to take a child into custody pending an application
for an adoption order.
26.5.4 In addition, the
employee shall, as soon as the employee is aware of the presumed date of
placement of the child for adoption purposes, but no later than 14 days before
such placement, give in writing, notice to the Company of the dates of any
period of leave to be taken in accordance with 26.3.3 hereof and 10 weeks
notice in writing before the commencement of any further periods of leave for
adoption purposes to which the employee is entitled in accordance with this
clause; provided that an employee shall not be in breach of this paragraph if
the failure to give notice in accordance with this paragraph is due to a
requirement by the adoption agency to accept earlier or later placement of a
child, or death of the employee's spouse or other compelling circumstances.
26.5.5 In the case of maternity
leave, the Company may, after giving the employee not less than 14 days notice
in writing, require the employee to commence maternity leave at any time within
six weeks immediately prior to the presumed date of confinement.
26.6 Special
Provisions Relating to Maternity Leave
26.6.1 Transfer to a
Safe Job - Where, in the opinion of a registered medical practitioner, illness
or risk arising out of the pregnancy or hazards connected with the work
assigned to the employee make it inadvisable for the employee to continue at
the present work, the employee shall, if the Company deem it practicable, be
transferred to a safe job at the rate and on the conditions attaching to that
job until the commencement of maternity leave.
If the transfer to a safe job is not practicable, the employee may, or
the Company may require the employee to, take leave for such period as is
certified necessary by the registered medical practitioner. Such leave shall be
treated as maternity leave for the purposes of this clause.
26.6.2 Special
Maternity Leave and Sick Leave - Where the pregnancy of an employee not then on
maternity leave terminates after 28 weeks otherwise than by the birth of a
living child, the employee shall be entitled to such period of unpaid leave (to
be known as special maternity leave) as a registered medical practitioner
certifies as necessary before the employee returns to work; or for illness
other than the normal consequences of confinement, the employee shall be
entitled, either in lieu or in addition to special maternity leave, to such
paid sick leave as stands to the employee's credit and which a medical
practitioner certifies as necessary before the employee's return to work. Where
an employee not then on maternity leave suffers illness related to the
pregnancy, the employee may take such paid sick leave standing to the
employee's credit and such further unpaid leave (to be known as special
maternity leave) as a registered medical practitioner certifies as necessary
before the employee returns to work, provided the aggregate of paid sick leave,
special maternity leave and maternity leave shall not exceed
the period of leave to which the employee is entitled
under 26.3.1 hereof.
26.7 Leave and Other
Entitlements
Provided the aggregate of any leave taken under this
clause does not exceed the period of leave to which the employee is entitled
under clause 26.3 hereof, an employee may, in lieu of or in conjunction with
leave, take any annual leave or long service leave or part thereof to which the
employee is entitled, but paid sick leave or other paid authorised absences
shall not be available to an employee during absence on leave in accordance
with this clause.
26.8 Effect of Leave
on Employment
A period of parental leave does not break an employee’s
continuity of service, but does not otherwise count as service except:
(a) For the
purpose of determining the employees entitlement to a later period of parental
leave or
(b) As expressly
provided in a law of the Commonwealth, State or Territory, or as expressly
provided in an award, order, or certified agreement.
A period of absence on unpaid Parental Leave does not
accrue Annual Leave or Long Service Leave credits.
26.9 Termination of
Employment
26.9.1 An employee on
leave in accordance with this clause may terminate employment at any time
during the period of leave by notice given in accordance with this award.
26.9.2 The Company
shall not terminate the employment of an employee on the grounds of pregnancy, the
pregnancy of a spouse or that the employee proposes to adopt a child, or
because the employee is absent on leave in accordance with this clause, but
otherwise the rights of the Company in relation to termination of employment
are not hereby affected.
26.10 Cancellation of
Leave
26.10.1 Leave
applied for but not commenced shall, subject to the provisions of clause 26.6
hereof, be cancelled when the pregnancy of an employee or the employee's spouse
is terminated otherwise than by the birth of a living child or, in the case of
adoption leave, when the adoption is not proceeded with or abandoned.
26.10.2 Where
an employee has commenced maternity leave or adoption leave and the leave is
cancelled because of reasons specified in clause 26.6 hereof, the employee
shall notify the Company in writing and it shall be the right of the employee
to resume work from the date of notice in writing by the employee to the
employer of the desire to return to work.
26.11 Variation of
Leave
Provided the maximum period of leave does not exceed
the period to which the employee is entitled under clause 26.3 hereof:
(a) the period of
leave may be varied once only by the employee giving not less than 14 days
notice in writing, stating the period by which the leave is to be lengthened;
(b) the period may
be further lengthened by agreement between the Company and the employee;
(c) the period of
leave may, with the consent of the Company be shortened by the employee giving
not less than 14 days notice in writing, stating the period by which the leave
is to be shortened.
26.12 Return to Work
After Leave
26.12.1 An
employee shall confirm the intention to return to work by notice in writing to
the Company giving not less than four weeks prior to the expiration of the
period of leave.
26.12.2 An
employee, upon returning to work after leave or the expiration of notice
required by clause 26.12.1 hereof, shall be entitled to the position which the
employee held immediately before proceeding on leave, or, in the case of an
employee transferring to a safe job in accordance with clause 26.6.1 hereof, to
the position which the employee held immediately prior to such transfer, or
where the employee has transferred to part time work due to pregnancy, to the
position the employee held prior to such transfer.
Where such position no longer exists, but there are
other positions available which the employee is qualified and is capable of
performing, the employee shall be entitled to a position as nearly as possible
comparable in status and pay to that former position.
26.13 Replacement
Employees
26.13.1 A
replacement employee is an employee specifically engaged as a result of an
employee proceeding on leave in accordance with this clause.
26.13.2 Before
the Company engages a replacement employee, the Company shall inform that
person of the temporary nature of the employment and of the rights of the
employee who is being replaced.
26.13.3 Before
the Company engages a person to replace an employee temporarily promoted or
transferred in order to replace an employee exercising rights under this
clause, the Company shall inform that person of the temporary nature of the
promotion or transfer and of the rights of the employee who is being replaced.
26.13.4 Nothing
in this subclause shall be construed as requiring the Company to engage a
replacement employee.
27. Disciplinary Code
27.1 Where an
employee is alleged to have breached the terms of employment or good order and
discipline the following procedure will apply:
27.1.1 The employee and
representative if requested, will be given all facts relating to the matter
known to the Company and the opportunity to respond. The Supervisor may counsel or warn the employee on the first such
occasion recording the particulars in the presence of the employee on the
employee's personal history card. On
the second or subsequent occasions the Supervisor will refer the matter to the
Manager Employee Relations.
27.1.2 The Manager
Employee Relations upon reference of an alleged breach of employment terms
and/or discipline will interview the employee in the presence of the Union
Representative(s) and Supervisor(s)/Manager and may issue the employee with a
final written warning, copies of which will be issued to all involved parties.
27.1.3 The Manager
Employee Relations may in lieu of, or as well as issuing a final warning,
suspend or transfer the employee in which case advice of this action will be
given to the employee and Union Representative(s) at the interview.
27.1.4 If an employee
has reason to receive a second formal warning within any period of 12
consecutive months, the Company may terminate the employee's contract of
employment by payment of such wages as are due in lieu of notice.
27.2 Nothing in this
code limits the Company from exercising summary termination of the employee's
services within the Award Contract of Employment.
28. Disputes Settling Procedure
28.1 Introduction
All parties to this Award recognise and accept that
people have differing viewpoints, and hence, conflict will arise from time to
time. It is agreed that it is in the
interests of all parties to manage the resolution of this conflict by means
which do not damage the business.
To enable claims, issues and disputes to be progressed
while work continues without industrial action the procedures outlined in this
clause will apply.
28.2 Departmental
Claims, Issues and Disputes
(a) Step 1 (to be
completed within 24 hours or the next ordinary working day following the claim, issue or dispute
arising):
(1) Employee(s)
involved will raise the claim, issue or dispute with the supervisor. Parties at this level will take
all reasonable steps to resolve the issue.
(2) Failing
agreement, employee(s) involved (with a representative, if requested) and the
supervisor will fill out an Industrial Incident Report Form stating the claim,
issue or dispute and present this document to the manager of the area
concerned. All reasonable steps to resolve the issue will be taken by the
parties at this level.
(b) Step 2 (to be
completed within 24 hours or the next ordinary working day following the
raising of the Industrial Incident Report Form):
Failing agreement, employee(s) involved (with a
representative, if requested) and/or the head of the department will contact
the Manager Employee Relations or designate who will organise a time and date
for a conference(s).
(c) Step 3.
Failing agreement being reached following the
conference(s), the claim, issue or dispute may be referred to the appropriate
industrial relations authority.
28.3 General Claims,
Issues and Disputes
(a) Employee
representatives involved will place any claim, issue or dispute before the
Company’s Employee Relations Manager or designate, who will take all reasonable
steps to reply as soon as possible.
(b) Failing
agreement, the claim, issue or dispute may be referred to the appropriate
industrial relations authority.
28.4 Dispute
Settling Objectives
(a) The purpose
and objectives of the Dispute Settling Procedure is to prevent loss of wages to
employees and damage to the Company’s ability to maintain production.
(b) Employees
agree to follow the dispute settling procedure in all matters, which are in
dispute.
(c) Any stoppage
of work, ban or limitation which takes place without the agreed dispute
settling procedure being followed, will result in the personnel involved
foregoing an amount equal to 6% of rate of pay and bonus for a period of 4
weeks.
(d) Should the
stoppage of work, ban or limitation take place without the agreed dispute
settling procedure being followed in its entirety, the Company will notify the
appropriate industrial relations authority prior to Clause 28.4(c) above being
applied.
29. Contract of Employment
29.1 Subject as
provided for elsewhere in this award employment shall be on a weekly basis.
29.2 Employment of
employees on probation for the first two weeks of service shall be from day to
day at the weekly rate fixed determinable at a day's notice.
29.3 Employees shall
perform such work as the Company shall, from time to time, reasonably require
and an employee not attending for or not performing duty shall, except as
provided by clause 18, Sick Leave, lose pay for the actual time of such
non-attendance or non-performance.
29.4 Subject as
aforesaid employment shall be terminated by a week's notice on either side
given at any time during the week or by the payment or forfeiture of a week's
wages, as the case may be. Where an
employee has given notice or has been given notice by the Company, the employee
shall, upon request, be granted leave of absence without pay for one day or
shift during the period of notice in order to look for alternative employment.
29.5 This clause
shall not affect the right of the Company to deduct payment for any day or
portion thereof during which an employee is stood down by the Company as the
result of refusal of duty, malingering, inefficiency, neglect of duty or
misconduct on the part of the employee, or to deduct payment for any day during
which the employee cannot be usefully employed because of any strike or through
any breakdown of machinery, or due to any cause for which the Company cannot
reasonably be held responsible.
29.6 This clause
shall not affect the right of the Company to dismiss an employee without notice
for refusal of duty, malingering, inefficiency, neglect of duty or misconduct
and in such cases the wages shall be payable up to the time of dismissal only.
30. Mechanical Tradespersons Classification
Structure & Competency Standards
30.1 Mechanical
Tradespersons will retain entitlement to provisions of the Metal Engineering
and Associated Industries Award 1998 in respect of classification structures
and competency standards.
31. Time and Payment of Wages
31.1 All wages shall
be paid weekly by Electronic Funds Transfer.
32. Retention of Rate
32.1 Where, as a
result of the rationalisation of the Company's operations, the introduction of technological
change or changes in work practices, an employee is appointed to a
classification or classifications which receive lower earnings from the sum of
margin and bonus than did the employee's classification immediately prior to
the appointment or the first appointment ("the previous
classification"):
32.1.1 If the employee
has two or more years' continuous service with the Company, the employee shall
retain the sum of margin and bonus applicable to the previous classification as
follows:
(a) in the first
and second years after the date of the employee's appointment, full retention
of the sum of margin and bonus applicable to the previous classification;
(b) in the third
year after the date of appointment, half retention of the sum of margin and bonus
applicable to the previous classification;
(c) thereafter, no
retention.
Provided that when the sum of margin and bonus of the
employee's new classification exceeds the sum of margin and bonus of the
previous classification, the employee shall thereafter receive payment of
margin and bonus applicable to the employee's new classification.
32.1.2 If the employee
has less than two years' continuous service with the Company, the employee
shall retain the sum of margin and bonus applicable to the previous
classification as follows:
(a) in the first
year after the date of appointment, half retention of the sum of margin and
bonus applicable to the previous classification;
(b) thereafter, no
retention.
Provided that when the sum of margin and bonus of the
employee's new classification exceeds the sum of margin and bonus of the
previous classification, the employee shall thereafter receive payment of
margin and bonus applicable to the employee's new classification.
32.2 Where as a
result of a market change affecting the Company's operations, an employee is
appointed to a classification or classifications which receive lower earnings
from the sum of margin and bonus than did the employee's classification
immediately prior to the appointment or the first appointment ("the
previous classification"), if the employee has two or more years'
continuous service with the Company, the employee shall retain the sum of
margin and bonus applicable to the previous classification as follows:
(a) in the first
year after the date of the employee's appointment, full retention of the sum of
margin and bonus applicable to the previous classification;
(b) in the second
year after the date of the employee's appointment, half retention the sum of
margin and bonus applicable to the previous classification;
(c) thereafter, no
retention.
Provided that when the sum of margin and bonus of the
employee's new classification exceeds the sum of margin and bonus of the
previous classification, the employee shall thereafter receive payment of
margin and bonus according to the employee's new classification.
32.3 Where an
employee, as a result of the circumstances specified in subclauses 32.1 and
32.2 ceases to be entitled to a leading hand allowance the employee shall,
(provided the employee had been receiving such leading hand allowance
throughout the six months immediately preceding such cessation of the
employee's entitlement thereto), retain the leading hand allowance to which the
employee was entitled immediately
preceding such cessation of the employee's entitlement subject to the same
qualifications and adjustments as are specified in subclauses 32.1 and 32.2.
33. Redundancy and Retrenchment
33.1 The employer
will consult employees and their representatives in circumstances where a
redundancy or retrenchment is likely to occur.
33.2 Redundancy -
Where a reduction in labour requirements becomes necessary, voluntary
redundancy will be explored prior to any retrenchment.
33.3 The following
redundancy payment shall be paid to employees with at least one years completed
service.
33.3.1 Notice - 4 weeks
pay (1 additional week if over 45 years of age).
33.3.2 Redundancy
Payment - 3 weeks pay for each completed year of service or part thereof up to
a maximum payment of 52 weeks.
33.4 Retrenchment
(Involuntary Redundancy) - In the event of retrenchment becoming necessary, the
Company will commence discussion with the relevant Unions in accordance with
the Award Disputes Settling procedure about the terms of severance
payment.
33.5 When
involuntary redundancy or retrenchments occur, the Company will provide the
following services:
Outplacement
Financial planning
Counselling
Job interviews
Skill enhancement
34. Definitions
34.1 Day workers are
employees other than shift workers and include employees on night work within
clause 11.4, Night Work for Day Workers and Day Shift Workers, of this award.
34.2 Monday to
Saturday shift workers are shift workers whose ordinary working hours are
worked between Monday and Saturday.
34.3 Where shifts
commence between 11.00pm and midnight on a Sunday or holiday the time so worked
before midnight shall not entitle the employee to the Sunday or holiday
rate; provided that the time worked by
an employee on a shift commencing before midnight on the day preceding a Sunday
or holiday and extending into a Sunday or holiday shall be regarded as time
worked on such Sunday or holiday.
34.4 Annual leave
rate of pay means -
34.4.1 in the case of -
(a) annual leave
under clause 20, Annual Leave and days added to the period of annual leave
under clause 21, Days Added to the Period of Annual Leave, or Long Service
Leave, taken by an employee immediately before or after leave under the Annual
Holidays Act, 1944;
(b) payment in
respect of annual leave or days added to the period of annual leave being made
to an employee under the said clauses 20 and 21 upon the termination of the
employment of an employee at the same time as payment is being made under the Annual
Holidays Act, 1944, in respect of such termination,
34.4.2 the ordinary pay
of the employee, calculated in accordance with the Annual Holidays Act
1944, for the leave taken or payments made under that Act;
34.4.3 in the case of
annual leave under the said clause 20 and days added to the period of annual
leave under the said clause 21 being taken otherwise than immediately before or
after leave under the Annual Holidays Act 1944, the ordinary pay of the
employee, calculated in accordance with the Annual Holidays Act 1944, as
if such leave had been taken under the Act.
34.5 Confined space
means a compartment, space or a place the dimensions of which necessitate an
employee working in a stooped or otherwise cramped position or when required to
wear breathing apparatus with respirable air or oxygen from a source that is
independent of his working environment and subject thereto shall include inside
boilers, steam drums, mud drums, fire boxes of vertical or road vehicle
boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks,
superheaters or economisers.
34.6 Electrician
means an employee who:
34.6.1 has served an
electrical apprenticeship or recognised equivalent; and
34.6.2 has successfully
completed a recognised electrical trades course or recognised equivalent; and
34.6.3 has obtained an
"A" grade electrical mechanic's licence.
Provided that the Company may, in its discretion,
classify as Electricians:
34.6.4 employees classified
as either electrical mechanics or electrical fitters as at 18 May 1987 who have
not obtained "A" grade electrical mechanic's licence. Such employees will be employed in the
classification of Electricians or Electricians Grade 2 provided they can obtain
a "B" grade electrical mechanic's licence and have the other
requirements for the classification:
34.6.5 employees who
are required to perform shop work, such as armature winding, which does not
require either an "A" grade of "B" grade electrical
mechanic's licence.
34.7 Electrician
Grade 1 means an employee who:
34.7.1 has served an
electrical apprenticeship or recognised equivalent; and
34.7.2 has successfully
completed a recognised electrical trades course or recognised equivalent; and
34.7.3 has obtained an
"A" grade electrical mechanic's licence; and
34.7.4 has successfully
completed an "in-house" training course of 100 or more hours'
duration which has been conducted as a result of the introduction of major
technical advancements associated with major capital investment. Provided that an "in-house"
training course within the meaning of this definition is one which seeks to
advance employees beyond the skills learnt during an electrical trades course
to qualify for reclassification to this grade;
further, a course which is aimed primarily at assisting employees to
relearn skills learnt during an electrical trades course is not an
"in-house" training course within the meaning of this definition.
Employees classified in this grade shall perform, as
required, the full range of work up to and including their level of training.
34.8 Electrician
Grade 2 means an Electrician (as defined) who:
34.8.1 has successfully
completed a post trade or a special course offered by the Department of Technical
and Further Education, approved by the Company; or
34.8.2 has successfully
completed one year of a two-year post trades course approved by the Company; or
34.8.3 has successfully
completed one year of an Engineering Certificate Course, or an Associate
Diploma Course, approved by the Company; or
34.8.4 has successfully
completed one year of a part-time university degree course approved by the
Company.
Employees classified in this grade shall perform, as required,
the full range of work up to and including their level of training.
Appointments to this grade shall be within the
discretion of the Company.
34.9 Electrician
Grade 3 means an employee who:
34.9.1 has served an
electrical apprenticeship or recognised equivalent; and
34.9.2 has successfully
completed a recognised electrical trades course or recognised equivalent; and
34.9.3 has obtained an
"A" grade electrical mechanic's licence; and
34.9.4 has successfully
completed a two-year post trades course, approved by the Company, and has
worked as an Electrician Grade 2 for one year; or
34.9.5 has successfully
completed two years of an Engineering Certificate Course, or an Associate
Diploma Course, approved by the Company and has worked as an Electrician Grade
2 for one year; or
34.9.6 has successfully
completed two years of a part-time university degree course approved by the
Company.
Employees classified in this grade shall perform, as
required, the full range of work up to and including their level of training.
Appointment to this grade shall be within the
discretion of the Company having regard to its manning requirements and the
Company's assessment of the employee's suitability for appointment to this
grade.
34.10 Electrician
Grade 4 means an Electrician Grade 3 (as defined) who has worked for one year
as such and who:
34.10.1 has
successfully completed an Engineering Certificate Course or an Associate
Diploma Course approved by the Company; or
34.10.2 has
successfully completed four years of a part-time university degree course
approved by the Company.
Employees classified in this grade shall perform, as
required, the full range of work up to and including their level of training,
and with minimum supervision and technical guidance.
Appointment to this grade shall be within the
discretion of the Company having regard to its manning requirements and the
Company's assessment of the employee's suitability for appointment to this
grade.
35. Employee Representatives
35.1 The Company shall
give recognition to an employee who is the representative of employees in a
location where the employee is employed who shall be allowed the necessary time
during working hours to interview the Company or its representatives in the
case of a dispute affecting employees in his area.
35.2 Recognised
employee representatives may be granted up to 3 days per annum training leave
without loss of ordinary pay (excluding overtime). Such leave may accrue to a
maximum of 5 days. As far as practicable, such leave should be organised so as
to minimise the need for the Company to replace the employee representative by
the working of overtime and to allow the employee representative to be released
within ordinary time.
35.3 Employee
representatives shall be allowed access, upon request, to a telephone, fax or
photocopier for employee relations issues related to the site.
36. Plant Shut Downs
36.1 Where rostered
days off are a feature of the method of working a 38-hour week, they may be
accrued and discharged during plant shut down periods nominated in an annual
roster made following consultation and agreement between the parties.
37. Protective Clothing & Equipment
37.1 The Company
will supply and the employee will wear personal protective equipment when
engaged in any work which, in the opinion of the Company, but subject to review
by the Industrial Relations Commission of New South Wales, necessitates the use
of personal protective equipment.
37.2 The employee
shall pay the costs of any replacements necessary by reason of loss or breakage
due to their carelessness.
37.3 Clothing and
protective equipment will be issued on commencement and thereafter on a
replacement basis.
38. Apprentices
Where any provisions so far as they relate to apprentices, are
inconsistent with the provisions of this clause, the provisions of this clause
shall, to the extent of the inconsistency, prevail.
38.1 Conditions of
Employment - The ordinary conditions of employment, including method of
payment, award holidays, hours and overtime, shall be those contained in this
award provided an apprentice whilst under 18 years of age shall not be allowed
to work shift work, and the apprentice shall not work shift work unless working
under the control of a tradesperson in the same trade. The apprentice shall not be required to work
overtime during the first year of his or her apprenticeship unless he or she is
willing to do so.
38.2 Lost Time - The
Company may deduct from the wages of an apprentice amounts proportionate to the
working time lost by the apprentice in any wage period when suspended under the
provisions of clause 38.3 of this clause or owing to his or her absence from
the service of the Company, unless such absence is caused by:
38.2.1 The Company's
fault;
38.2.2 Illness not
exceeding one week in each year of service duly certified by a qualified
medical practitioner;
38.2.3 The occurrence
of any holiday prescribed by this award.
38.3 Disciplinary
Code - The apprentice may be suspended by the Company without pay during such
period of suspension for the following reasons, and subject to the
undermentioned limitations of each suspension, viz.:
Nature of Offence or Misdemeanour
|
First Offence - The apprentice shall be told that this
caution will be
|
|
recorded.
|
|
|
|
Second Offence - The apprentice may be Suspended for a
period not
|
|
exceeding five working days (without pay).
|
|
|
|
Time lost by such suspension shall be made up at the end
of each year.
|
Disobedience, Laziness,
|
|
Bad Timekeeping,
|
Third Offence - The apprentice may be suspended for a
period not
|
General
|
exceeding ten working days (without pay). Time lost by such
|
|
suspension shall be made up at the end of each year.
|
|
|
|
Following a suspension the apprentice may be brought
before the
|
|
Manager Employee Relations who shall admonish the
apprentice and
|
|
advise the apprentice that further offences may lead to
cancellation of
|
|
indenture in Accordance with Apprenticeship and
Traineeship
|
|
Act 2001.
|
|
|
|
First Offence - The apprentice may be suspended for a
period not
|
|
exceeding five working days (without pay). Time lost by
such
|
|
suspension shall be made up at the end of each year.
|
Insolence, Wilful
|
|
Disobedience, Wilful
|
Second Offence - The apprentice may be suspended for a
period not
|
Damage to Property, Neglect
|
exceeding ten working days (without pay). Time lost by
such
|
of Safety Precautions
|
suspension shall be made up at the end of each year.
|
which may result in injury,
|
|
Theft, Assault or Other
|
Following a suspension the apprentice may be brought
before Manager
|
Serious and Wilful
|
Employee Relations who shall admonish the apprentice. If conduct
|
Misconduct
|
which leads to the suspension persists the apprentice may
be further
|
|
suspended and the apprentice’s indenture may be cancelled
in
|
|
accordance with Part 4 of the Industrial and Commercial
Training Act
|
|
1989.
|
38.3.1 When the Company
intends to suspend an apprentice it shall immediately so advise the
Commissioner for Vocational Training and the Union or Unions covering the
trade.
38.3.2 When the Company
suspends an apprentice, the suspension shall be effected by handing or
delivering to the apprentice a notice in writing specifying:
a. Particulars of
the offence alleged to have been committed;
b. The period of
suspension;
c. That future
misconduct may cause the Company to seek cancellation of the indenture;
d. The address of
the Commissioner for Vocational Training; and
e. That the
apprentice is entitled to apply to the Commissioner for Vocational Training at
that address, by letter, to have the suspension set aside.
38.3.3 The Company
shall forward a copy of the notice to the Commissioner for Vocational Training,
the Union or Unions covering the apprentice's trade and to the parent or
guardian of the apprentice on the same day as the notice is handed or delivered
to the apprentice.
38.3.4 Any purported
suspension not affected in accordance with the above shall be of no
effect.
38.3.5 Nothing in this
clause shall affect the rights or obligations of any party to the apprenticeship
under the Industrial and Commercial Training Act 1989.
38.4 Wages - The
minimum weekly rates of pay for apprentices shall be as set out in Table 1 -
Wages, of Part B, Monetary Rates.
38.4.1 The total wages
of apprentices shall be calculated to the nearest ten cents, any broken part of
ten cents in the result not exceeding half of ten cents to be disregarded.
38.4.2 An employee who
is under twenty-one years of age on the expiration of his or her apprenticeship
and thereafter works as a minor in the occupation to which the employee has
been apprenticed shall be paid at not less than the adult rate prescribed for
that classification.
38.4.3 The special
rates provisions in this award shall apply to apprentices in the trades where
tradespersons are paid these special rates.
38.4.4 Tool allowance -
This allowance shall apply to apprentices as set out in Item 30 of Table
2. The allowance shall apply for all
purposes of the award.
39. Anti-Discrimination
39.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
39.2 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 which, by its terms or operation, has a direct or indirect
discriminatory effect.
39.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
39.4 Nothing in this
clause is to be taken to affect:
39.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
39.4.2 a party to this award
from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
39.5 This clause
does not create legal rights or obligations in addition to those imposed upon
parties by the legislation referred to in this clause.
39.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
40. Consultation
40.1 The Company
will consult employees and if required their representatives prior to
introducing change to the business that may affect ongoing permanent
employment.
40.2 The parties
agree that it is in the interests of all to ensure that there is an appropriate
balance between internal and external sourcing of labour. It is important that
contractors, who work both on-site and off-site, have a key role to play in the
viability of the business.
41. Personal Accident and Sickness Insurance
41.1 The employer
has taken out an insurance cover that provides all employees covered by this
agreement with Income Protection for personal accident and sickness.
41.2 The policy
benefits will include:
Income protection to gross weekly earnings.
24 hours/7 days coverage.
Benefit payable up to 2 years.
Journey Accident Coverage
Worldwide cover
An excess of 7 days will apply.
All leave benefits do not accumulate whilst an employee
is receiving Income Protection.
Employees service is not affected.
41.3 Cover
An insurance policy will be arranged for employees up
to the age of 70 years and following 6 months service providing Personal
Accident and Sickness Insurance Benefits.
41.4 Exclusions
a. Employees
engaged on short term or fixed term basis.
b. Employees with
less than 6 months continuous service.
c. Absences
covered by workers compensation or arising from works related injury or
illness.
d. Absences less
than 7 days in duration.
e. Injury or
illness arising from the unlawful actions of the employee.
f. Absences
which would otherwise be covered by parental or carers leave.
g. Absences
resulting from alcohol, drug or substance abuse.
h. Absences
resulting from high risk sporting or recreational activities generally
precluded from personal accident insurance arrangements (sky diving, flying
other than as a passenger in a licensed aircraft, training or playing professional
sport).
i. Illnesses/injuries
arising from HIV/AIDS, radiation, pregnancy or war.
j. Where the
employee is entitled to benefits arising from personal injury insurance (eg.
motor vehicle CTP insurance, sporting injury insurance, etc.), other than workers
compensation, the wage support otherwise extended under this clause will be
reduced by the amount of insurance benefit paid. Where such monies are paid by an insurer substantially after the
absence, the employee is required to repay such monies to the employer. The employer may require the employee to
authorise the employer to claim such monies direct from the insurer prior to
receiving extended wage support.
41.5 Benefits
41.5.1 Lump sum
payments for Death, Permanent Disablement and illness/injury resulting in
certain surgical procedures within 12 months of diagnosis.
41.5.2 Weekly payment
benefits for temporary total disablement up to a maximum period of 2 years at
the award rate plus 12 months average over award payment excluding allowances.
41.5.3 Lump sum
payments for injury resulting in bone fractures, excluding teeth.
41.5.4 Lump sum payment
for certain serious medical conditions.
41.6 Multiple
periods of extended absences occurring within 6 months from the same or related
cause(s) will be deemed a continuation of the prior period.
41.7 Employees are
required to provide medical certificate meeting the same criteria as for sick
leave for absences from 7 to 28 days duration, thereafter medical certification
requirements will be as determined by the insurer.
41.8 The Company
will administer claims made under the Personal Accident and Sickness Insurance
Policy.
42. Salary Sacrifice
42.1 Salary
sacrifice is available for employees for the purposes of superannuation
contributions and the purchase of lap top computers where this is in line with
Australian Taxation Office Guidelines.
43. Protection of Employee Entitlements
43.1 The Company
agrees to a process of consultation with the Unions party to this award about the
ability of the Company to meet employee entitlements. The consultation will take the following form:
43.1.1 Following the
publication of the Smorgon Steel Group Ltd annual accounts, the auditor of the
Company will provide a report to the Company.
The Company will provide the Union with this information within 30 days
from publication of the Company accounts.
43.1.2 The Company will
meet all reasonable costs associated with obtaining the auditor’s report each
year.
43.1.3 In the event
that, based on the information set out in 43.1.1 above the Company receive less
than BB+ credit rating then subject to any other legal obligations, the Company
will hold discussions as soon as practicable with Unions party to this award in
relation to the status of employees entitlements.
43.1.4 The Unions party
to this award agree that they will observe all confidentiality obligations
reasonably required of them in relation to the commercially sensitive
information supplied to it during this process.
44. Enterprise Arrangements - Restructuring
44.1 Parties to this
Award are committed to the ideal of making the Company more productive and
competitive hence capable of sustaining job security through business growth
utilising the following precepts:
44.1.1 the development
of a more highly skilled and flexible workforce
44.1.2 the provision of
career opportunities to employees through appropriate training and the
acquisition of additional skills
44.1.3 the removal of
barriers to the utilisation of skills acquired
44.1.4 the
establishment of suitable work patterns which provide for a broader range of
tasks which an employee may perform.
44.1.5 Continuing
capital investment to improve plant/equipment and enter areas of new business.
44.2 Agreement has
been reached to continue with the following objectives which are expected to
enhance productivity through more flexible forms of work organisation.
44.2.1 Training and
Skills Formation Objectives -
(a) Career structures
will be linked to training and skill formation, with movement within and
throughout these structures being based on demonstrated training, skill and
competency levels.
(b) To ensure
equity within career structures, all employees will be given opportunities to
participate in skill formation and enhancement regardless of job function. This will include but not be limited to:
i. the
acquisition and use of electronics/instrument servicing skills by suitably
qualified personnel with nationally recognised qualifications where existing
ii. the
acquisition and use by of the full range of mechanical, pneumatic, hydraulic
and electrical skills, by suitably qualified personnel with nationally
recognised qualification where existing
iii. Where
nationally recognised qualifications do not exist at the time of making this
agreement and are established during the life of this agreement, suitable and
appropriate arrangements (having regard to the needs of the business) will be
made for necessary training and accreditation.
iv. the full use
of non trade skills to affect mobility between career structures.
44.2.2 Employee
skill/competence level and the demonstration of these on-the-job, will provide
the basis for movement within career structures, internal transfer and
performance management. All other
factors being equal, length of service will be taken into consideration.
44.2.3 Consideration
will be given to the individual capacity and aptitude of employees for
performance of other tasks. Where
necessary and practicable suitable training will be provided to allow employees
to meet required standards.
44.2.4 All employees
will be given an opportunity to exercise the full range of their skills and
will be required to perform any job within his or her skill, competence and
training level. This will include but
not be limited to the removal of all restrictions on the performance of manual
activities by wages employees acting as leading hands.
44.2.5 Supervisors will
provide employees with guidance, instruction and direct assistance where needed
to ensure tasks are performed to required standards of
quality/efficiency/safety.
44.3 Quality
Efficiency Focussed Work Practice Objectives -
44.3.1 Employees will
participate in setting targets and monitoring performance so as to identify
areas of change which may contribute to productivity/quality improvement.
44.3.2 Following prior
consultation employees will accept the concept of doing a whole job including
such tasks incidental to the completion of that job including
cleaning/servicing equipment/area as indicated.
44.3.3 Plant/equipment
will be operated to maximum operating capacity, without any imposed limits.
44.3.4 Plant/equipment
will be operated continuously throughout crib periods, change of shifts and if
short handed, for periods up to two (2) hours, until crew absences are filled.
44.3.5 Mobile equipment
and cranes incidental to the main task
will be operated by any suitably trained person provided it is safe in the
circumstances to do so. The parties
will confer as necessary to identify incidental activity.
44.4 Labour
Management Objectives -
44.4.1 All positions
designated relief, will be absorbed into manning levels sufficient to provide
reasonable coverage for crib breaks, change of shift and other absences
eg. sick, long service leave, annual
leave etc.
44.4.2 Absenteeism is
recognised as a significant issue required to be addressed by both Unions and
Management. During the period of this
award, employees with an unsatisfactory attendance will be identified,
counselled and subject to the agreed disciplinary code.
44.5 Job Security -
The parties to this Agreement recognise the following
agreed facts:
44.5.1 acceptance of
change by employees in the workplace is partially influenced by their
perception of the degree of job security which is present.
44.5.2 change should be
the real security.
44.5.3 an attitudinal
change within the whole workforce will develop
a workplace culture that confronts change and encourages a dynamic,
adaptive and commitment-based approach to work and management practices. That dynamic, adaptive and commitment-based
approach will ensure the Company is well placed to both horizontally and
vertically integrate existing products
and processes as well as develop new products and processes.
44.6 Continuous
Improvement -
44.6.1 Continuous
improvement means ongoing process enhancement through constant attention to new
and higher standards of achievement.
44.6.2 In this award
the parties accept a requirement to ensure that conditions are maintained which
promote change and maintain gains in production processes.
44.6.3 Through
participation, involvement, skill development and communication, the parties
will create a disciplined approach to change which will have as an outcome, the
competitive success of the Company.
44.6.4 In practical
terms Continuous Improvement means a willingness to:
(a) Work to
achieve maximum quality/maximum efficiency
(b) Maintain
minimum inventory
(c) Eliminate laborious
work through teamwork and co-operation
(d) Maintain a
questioning - open minded attitude
(e) Pass on useful
information
(f) Remain
objective
(g) Be constructive
with criticism
(h) Keep everything
in the workplace in order
(i) Keep the
workplace clean
(j) Develop
procedures for getting things done quickly, correctly and follow these
procedures routinely
44.6.5 The parties
agree that through elimination of waste, focussing on customer satisfaction and
producing value goods and service, the Company will achieve a satisfactory
return on investment and provide security/growth opportunities for employees.
44.7 Cost
Containment -
44.7.1 A specific
commitment is given by all employees to achieve a reduction in costs associated
with:
(a) supply of
personal protective equipment including clothing, eyewear, footwear and gloves;
(b) supply of
tools, slings, furniture and other items ancillary to the conduct of work;
(c) damage to
mobile equipment;
44.8 Occupational
Health Safety & Rehabilitation -
44.8.1 The parties
shall comply with the requirements of NSW Occupational Health and Safety Act
2000 and any amendments thereof, and with Regulations made under the said
Act.
44.8.2 The parties
fully endorse and support the principles of the formalised Occupational Health
Safety & Rehabilitation Program, as outlined in departmental Occupational
Health Safety & Rehabilitation Reference Manuals.
45. No Extra Claims
45.1 It is a term of
this Award that the Union(s) undertake not to pursue any extra claims, award or
over award.
46. Area, Incidence & Duration
46.1 This award
rescinds and replaces the Smorgon Steel Group - Reinforcing and Steel Products
Division - Manufacturing and Grinding Media Waratah - Award 2004, published 10
June 2005, (351 I.G. 763).
46.2 This award will
take effect on and from the first pay period beginning on or after 24 February
2006 and will remain in force until 30 September 2008.
46.3 This Award
shall be binding upon the Commonwealth Steel Company Limited trading as Smorgon
Steel Manufacturing and Grinding Media Waratah, New South Wales and to its
employees who are engaged in any of the classifications specified in this Award
and the following Unions:
The Australian Workers Union, Newcastle, Central Coast
and Northern Regions Branch
Automotive, Foods, Metals, Engineering, Printing &
Kindred Industries Union
New South Wales Plumbers and Gasfitters Employees Union
Construction Forestry Mining and Energy Union - Construction
Division, New South Wales Branch
Electrical Trades Union of Australia, New South Wales
Branch
47. Leave Reserved
Leave is reserved with respect to:
Clause 6 Mixed Functions
Clause 7 Special Rates
Clause 8 Electricians - Special Rates
Clause 9 General - Special Rates
Part B Table 1 Rates of Pay in respect of the
classification structure in Engineered Products.
Attachment 1
COMMONWEALTH STEEL COMPANY LIMITED WARATAH
1st Copy White - Delegate’s Copy
2nd Copy Blue - Employee Rels Dept
3rd Copy Pink - Department Copy
INDUSTRIAL
INCIDENT REPORT
1.
|
Issue Raised by:
|
|
Date:
|
|
|
|
|
|
|
|
|
Time:
|
am/pm
|
|
2.
|
Details of Incident/Issue:
|
|
|
|
|
|
|
|
|
|
|
|
|
3.
|
Union Representative’s View of Issue/Dispute:
|
|
|
|
|
|
|
|
|
|
|
|
|
4.
|
Manager/Supervisor’s View:
|
|
|
|
|
|
|
|
|
|
|
|
5.
|
Manager’s Position/Policy Statement:
|
|
|
|
6.
|
Follow Up Action:
|
|
|
|
|
|
|
|
|
|
|
|
|
7.
|
Manager/Supervisor responsible:
|
|
Date:
|
|
|
|
|
|
|
|
|
Time:
|
am/pm
|
|
|
|
|
|
|
|
|
|
|
|
ATTACHMENT 2
Arrangements for Working 12 Hour Shifts
1. Annual
Leave: Annual leave may commence and
finish on any day of the week. Total
annual leave (which includes any other accrued days) should be taken in no more
than 3 separate periods over the year.
Flexibility in the start days is restricted only by the ability to
manage the number of people on annual leave at any one time. Wherever possible requests of less than one
week will be considered.
2. Basis of
payment: An employee’s annual leave
entitlement is governed by the terms of the Annual Holidays Act which describes
the entitlement in weeks. The Act
stipulates that an employee is entitled to "4 weeks" annual leave,
plus an additional "week" for a year working 7 day roster.
3. Payment for
annual leave will be paid according to the days rostered on to work. An employee will be paid according to the roster
plus any weekend penalties/ring rosters and shift allowances which would have
been paid if the employee had been at work.
4. Public
Holidays: If a public holiday falls
during an annual leave period then the employee is paid 12 hours at ordinary time
and the accrued additional annual leave day is added to the leave being
taken.
5. If a public
holiday is during a rostered off period then the employee is paid an additional
12 hours at ordinary time.
6. If a public
holiday is during a rostered on period and the employee is required to work
then the employee is paid at double time and a half.
7. Ring Roster
Day: If a compulsory overtime shift
(ring roster shift) falls within an annual leave period then employees are paid
as if at work.
Ring roster shifts occurring in this manner have no
bearing on the annual leave entitlement.
8. Sick
Leave: Sick leave is accrued in hours
by the Award according to years of service.
9. Employees
absent from work on a 12 hour shift and who claim sick pay will be paid 12
hours ordinary time and 12 hours will be deducted from the accumulated sick pay
entitlement.
10. Penalty
Rates: Penalty rate entitlements for
overtime or weekend shift work are as provided by the Award.
11. Overtime: Overtime commences after 12 ordinary hours
have been worked each shift. Payment
will be at double time.
12. Shift
Work:
Saturdays - for 12 hour shift work payment will be at
time and a half.
Sundays will be at double time.
13. Public
Holidays: For work performed on a public
holiday, payment will be at double time and a half.
14. Meal
Breaks: 2 x 20 minute paid meal breaks
in a 12 hour shift to be taken approximately 4 hours apart at a time best
suited to plant operations.
15. Long Service
Leave: Long service leave entitlements
are governed by the NSW Long Service Leave Act and are specified as
"weeks". Payment for long
service leave is calculated on the number of ordinary hours rostered to work in
the period of long service leave taken.
Weekend penalty rates/ring roster shifts do not apply to long service
leave.
16. Workers
Compensation Benefits
Benefits are governed by legislation.
Absent through works injury: Benefits are based on ordinary weekly wage and the shift roster
worked by the employee does not alter the benefit.
Working on selected duties: Benefits are calculated on make up to average earning of
comparative employees including shift allowances and weekend penalty payments.
17. Shift
Allowance: Shift allowance on a 12 hour
shift roster is paid in accordance with the award conditions for those on a
day/night rotating shift.
Part B
MONETARY RATES
Table 1 - Wages
|
Wages per 38 hour
week
|
(Award margin plus
basic wage
|
|
$121.40)
|
|
COMMENCEMENT DATE
|
|
1/10/06
|
1/6/07
|
1/2/08
|
|
3.0%
|
3.0%
|
3.0%
|
|
$
|
$
|
$
|
BAR PRODUCTS
|
|
|
|
Warehouse -
|
|
|
|
Operator - class 1
|
652.20
|
671.80
|
692.00
|
Operator - class 2
|
607.50
|
625.70
|
644.50
|
Operator - class 3
|
591.20
|
608.90
|
627.20
|
Operator - class 4
|
587.50
|
605.10
|
623.30
|
Operator - class 5
|
556.20
|
572.90
|
590.10
|
Bar Mill -
|
|
|
|
Operator - level 1
|
745.20
|
767.60
|
790.60
|
Operator - level 2
|
711.40
|
732.70
|
754.70
|
Operator - level 3
|
643.80
|
663.10
|
683.00
|
Operator - level 4
|
593.00
|
610.80
|
629.10
|
Operator - level 5
|
542.20
|
558.50
|
575.30
|
Operator - level 6
|
518.30
|
533.80
|
549.80
|
STEELMAKING
|
|
|
|
Operator Level 1
|
745.20
|
767.60
|
790.60
|
Operator Level 2
|
718.70
|
740.30
|
762.50
|
Operator Level 3
|
689.20
|
709.90
|
731.20
|
Operator Level 4
|
659.40
|
679.20
|
699.60
|
Operator Level 5
|
629.60
|
648.50
|
668.00
|
Operator Level 6
|
600.00
|
618.00
|
636.50
|
Operator Level 7
|
570.20
|
587.30
|
604.90
|
ENGINEERED PRODUCTS
|
|
|
|
Forging -
|
|
|
|
Operator Level 1*#
|
736.20
|
758.30
|
781.00
|
Operator Level 2*#
|
683.40
|
703.90
|
725.00
|
Operator Level 3*#
|
607.50
|
625.70
|
644.50
|
(* whilst working 4
days of 10 hour duration without accruing a rostered day off, these rates
will be increased by 6.25%)
|
(# whilst working 4 days of 9.5 hour duration
without accruing a rostered day off, these rates will be increased by 5.3%)
|
|
|
|
|
Heat Treatment -
|
|
|
|
LH Furnace
Attendant
|
635.10
|
654.20
|
673.80
|
Furnace Attendant
|
587.50
|
605.10
|
623.30
|
20 tonne Crane Driver - H4 Crane
|
594.90
|
612.70
|
631.10
|
|
|
|
|
Heavy Machine Bay -
|
|
|
|
25 & 20 tonne Crane Driver H3 & H9 crane
|
594.90
|
612.70
|
631.10
|
Cold Saw Attendant (2 Machines)
|
567.20
|
584.20
|
601.70
|
Cold Saw Attendant (3 Machines)
|
581.20
|
598.60
|
616.60
|
Furnace Attendant Induction Hardner
|
635.10
|
654.20
|
673.80
|
Furnace Assistant Induction Hardner
|
594.90
|
612.70
|
631.10
|
Heavy Machine Bay Assistant
|
551.20
|
567.70
|
584.70
|
Electro Slag Refining Plant -
|
|
|
|
Leading Hand Operator
|
656.70
|
676.40
|
696.70
|
Operator
|
623.70
|
642.40
|
661.70
|
|
|
|
|
Wheel and Tyre Plant Cheese Preparation -
|
|
|
|
Kasto Saw Operator
|
635.10
|
654.20
|
673.80
|
Kasto Saw Assistant/Pendant Crane Operator
|
567.20
|
584.20
|
601.70
|
|
|
|
|
Heating -
|
|
|
|
Furnace Operator*#
|
662.80
|
682.70
|
703.20
|
Furnace Attendant*#
|
618.10
|
636.60
|
655.70
|
|
|
|
|
Forming Press -
|
|
|
|
Roller*#
|
724.60
|
746.30
|
768.70
|
Equipment Setter
|
694.10
|
714.90
|
736.30
|
Press Operator*#
|
609.00
|
627.30
|
646.10
|
Relief Hand No 1*#
|
609.00
|
627.30
|
646.10
|
|
|
|
|
Edgewater Mill -
|
|
|
|
Mill Operator*#
|
694.10
|
714.90
|
736.30
|
Mill Operator's Assistant*#
|
605.50
|
623.70
|
642.40
|
|
|
|
|
General -
|
|
|
|
Transfer Arm Operator*#
|
588.90
|
606.60
|
624.80
|
Finisher*#
|
609.00
|
627.30
|
646.10
|
10 tonne Crane Driver - T13 Crane*#
|
605.50
|
623.70
|
642.40
|
(* whilst working 4
days of 10 hour duration without accruing a rostered day off, these rates
will be increased by 6.25%)
|
(# whilst working 4 days of 9.5 hour duration
without accruing a rostered day off, these rates will be increased by 5.3%)
|
|
|
|
|
Heat Treatment/S.U.B. Line -
|
|
|
|
Leading Hand Operator
|
618.40
|
637.00
|
656.10
|
Operator
|
623.70
|
642.40
|
661.70
|
Assistant
|
594.90
|
612.70
|
631.10
|
|
|
|
|
Machining and Assembly Bays -
|
|
|
|
Tyre Machine Bay -
|
|
|
|
5 tonne Crane Driver - T9 Crane
|
594.90
|
612.70
|
631.10
|
5 tonne Crane Driver - T11 Crane
|
594.90
|
612.70
|
631.10
|
Store Attendant Product Chaser
|
587.50
|
605.10
|
623.30
|
|
|
|
|
Axle Machine Bay -
|
|
|
|
10 tonne Crane Driver - T8 Crane
|
594.90
|
612.70
|
631.10
|
Axle Attendant
|
587.50
|
605.10
|
623.30
|
Axle Assistant
|
551.20
|
567.70
|
584.70
|
|
|
|
|
Finishing Line -
|
|
|
|
5 tonne Crane Driver - T15 Crane
|
594.90
|
612.70
|
631.10
|
Stamper
|
581.20
|
598.60
|
616.60
|
Finishing Line Attendant
|
581.20
|
598.60
|
616.60
|
|
|
|
|
|
|
Assembly Shop -
|
|
|
|
Assembly Press Operator
|
583.80
|
601.30
|
619.30
|
Assembly Press Operators
Assistant
|
578.20
|
595.50
|
613.40
|
Pendant crane Operator
|
567.20
|
584.20
|
601.70
|
Painter and Lagger
|
546.20
|
562.60
|
579.50
|
Assistant
|
541.10
|
557.30
|
574.00
|
GRINDING
MEDIA
|
|
|
|
Ball Plant -
|
|
|
|
Operator No 3
|
711.50
|
732.80
|
754.80
|
Operator No 4
|
701.70
|
722.80
|
744.50
|
Assistant
|
598.40
|
616.40
|
634.90
|
|
|
|
|
Despatch -
|
|
|
|
Despatch
Co-ordinator
|
706.70
|
727.90
|
749.70
|
Equipment Operator
|
652.20
|
671.80
|
692.00
|
STORES / TRANSPORT
|
|
|
|
Equipment Operator
|
631.30
|
650.20
|
669.70
|
Stores/Transport
Operator
|
607.50
|
625.70
|
644.50
|
GENERAL
|
|
|
|
Tradesperson and Assistant -
|
|
|
|
Bricklayer (when
engaged on refractory work) - including tool allowance
|
709.40
|
730.70
|
752.60
|
Plumber - including
tool allowance
|
682.80
|
703.30
|
724.40
|
Bricklayer's
Labourer/Pendant Crane Operator
|
594.90
|
612.70
|
631.10
|
Electrical
Tradesperson (including tool allowance)
|
680.20
|
700.60
|
721.60
|
Electrical Tradesperson
Grade 1 (including tool allowance)
|
699.40
|
720.40
|
742.00
|
Electrical
Tradesperson Grade 2 (including tool allowance)
|
718.30
|
739.80
|
762.00
|
Electrical
Tradesperson Grade 3 (including tool allowance)
|
752.40
|
775.00
|
798.30
|
Electrical
Tradesperson Grade 4 (including tool allowance)
|
781.90
|
805.40
|
829.60
|
|
|
|
|
The following Tradesperson
classification shall only apply to
|
|
|
|
employees who are classified as
such as at 18 May 1987
|
|
|
|
Electronics Tradesperson -
Grade 1 (including tool allowance)
|
718.30
|
739.80
|
762.00
|
Electronics Tradesperson -
Grade 2 (including tool allowance)
|
752.40
|
775.00
|
798.30
|
Electronics Tradesperson -
Grade 3 (including tool allowance)
|
781.80
|
805.30
|
829.50
|
An additional amount per 38
hour week shall be paid to an
|
|
|
|
employee employed and working
as an electrical
|
|
|
|
Tradesperson and possesses an
electrician's licence issued
|
|
|
|
under the Electricity Development
Act 1945-65 as follows:
|
|
|
|
"A" Grade
|
37.20
|
38.30
|
39.40
|
"B" Grade
|
20.00
|
20.60
|
21.20
|
|
|
|
|
Engineering Tradesperson C10
(including tool allowance)
|
641.20
|
660.40
|
680.20
|
Engineering Tradesperson C9 (including
tool allowance)
|
672.60
|
692.80
|
713.60
|
Engineering Tradesperson C8
(including tool allowance)
|
703.80
|
724.90
|
746.60
|
Maintenance Assistant
(including dirt allowance)
|
600.10
|
618.10
|
636.60
|
MISCELLANEOUS
|
|
|
|
Scrap Yard/ Slag Dump
Co-ordinator
|
587.40
|
605.00
|
623.20
|
Scrap Burner
|
567.20
|
584.20
|
601.70
|
Fork Lift Driver
|
591.20
|
608.90
|
627.20
|
Excavator Driver
|
607.50
|
625.70
|
644.50
|
Labourer
|
536.60
|
552.70
|
569.30
|
Dog Attendant and/or Crane
Chaser
|
551.20
|
567.70
|
584.70
|
Rigger/Roper/Splicer
|
|
|
|
(a) with less than 12 months
steel industry experience
|
586.00
|
603.60
|
621.70
|
(b) Thereafter
|
598.40
|
616.40
|
634.90
|
Rope Inspector
|
627.00
|
645.80
|
665.20
|
|
|
|
|
The minimum weekly rates of pay
for apprentices shall be as follows
|
|
|
|
(A) Four Year Term -
|
|
|
|
First Year
|
279.60
|
288.00
|
296.60
|
Second Year
|
361.00
|
371.80
|
383.00
|
Third Year
|
480.60
|
495.00
|
509.90
|
Fourth Year
|
551.10
|
567.60
|
584.60
|
(B) Three Year Term -
|
|
|
|
First Year
|
320.40
|
330.00
|
339.90
|
Second Year
|
480.60
|
495.00
|
509.90
|
Third Year
|
551.10
|
567.60
|
584.60
|
|
|
|
|
|
Table 2 - Other
Rates and Allowances
COMMENCEMENT DATE
|
Item
|
Clause
|
Brief
Description
|
1/10/06
|
1/6/07
|
1/2/08
|
No
|
No
|
|
3.0%
|
3.0%
|
3.0%
|
|
|
|
$
|
$
|
$
|
1
|
5
|
Leading Hands
|
|
|
|
|
|
In charge of not more than ten
employees ¹
|
29.50
|
30.40
|
31.30
|
|
|
In charge of more than ten but
no more than twenty
|
|
|
|
|
|
employees ¹
|
43.80
|
45.10
|
46.50
|
|
|
In charge of more than twenty
employees ¹
|
55.80
|
57.50
|
59.20
|
2
|
7.1.2
|
Hot Work ²
|
0.62
|
0.64
|
0.66
|
3
|
7.2
|
Wet Work ²
|
2.34
|
2.41
|
2.48
|
4
|
7.3.1
|
Working inside stack on the
demolition of brickwork ²
|
4.74
|
4.88
|
5.03
|
5
|
7.3.2
|
Explosive powered tools²
|
0.15
|
0.16
|
0.16
|
|
|
minimum payment³
|
1.35
|
1.39
|
1.43
|
6
|
7.3.3
|
Plumber required to compute
quantities or make up
|
|
|
|
|
|
estimates²
|
0.66
|
0.68
|
0.70
|
7
|
7.3.4
|
Plumbers:
|
|
|
|
|
|
When required to act on
plumbers licence²
|
0.98
|
1.01
|
1.04
|
|
|
When required to act on
gasfitter's licence²
|
0.98
|
1.01
|
1.04
|
|
|
When required to act on
drainers licence²
|
0.82
|
0.84
|
0.87
|
|
|
When required to act on
plumber's and gasfitter's licence²
|
1.28
|
1.32
|
1.36
|
|
|
When required to act on
plumber's and drainer's licence²
|
1.28
|
1.32
|
1.36
|
|
|
When required to act on
gasfitter's and drainer's licence²
|
1.28
|
1.32
|
1.36
|
|
|
When required to act on
plumber's , gasfitter's and drainers
|
|
|
|
|
|
licence²
|
1.79
|
1.84
|
1.90
|
8
|
7.3.7
|
Plumber working in confined
space²
|
0.74
|
0.76
|
0.78
|
9
|
7.3.8
|
Plumber handling insulation
material²
|
0.74
|
0.76
|
0.78
|
10
|
7.5
|
Plumber working on bosun's
chair, swinging stage or rope
|
|
|
|
|
|
ladder 7.5m above ground level³
|
2.88
|
2.97
|
3.06
|
11
|
7.6
|
Plumbers and labourers
assisting plumbers employed on
|
|
|
|
|
|
any chokage necessitating
opening soil, waste or drain
|
|
|
|
|
|
pipes, etc., conveying sewage³
|
5.04
|
5.19
|
5.35
|
12
|
7.7
|
Plumber, licensed plumber or
lead burner, holder of
|
|
|
|
|
|
certificate of registration
under the Plumbers, Gasfitters
|
|
|
|
|
|
and Drainers Act 1979²
|
0.76
|
0.78
|
0.80
|
13
|
7.8
|
Rigger/Roper/Splicer who holds
a certificate of competency
|
|
|
|
|
|
as a rigger¹
|
|
|
|
|
|
- Class 1 or 2
|
10.70
|
11.00
|
11.30
|
|
|
- Class 4
|
6.20
|
6.40
|
6.60
|
14
|
8.2
|
Electrical Tradesperson - Hot Places
|
|
|
|
|
|
more than one hour in shade
where temperature is raised by
|
0.57
|
0.59
|
0.61
|
|
|
artificial means to between 46
and 54 degrees celsius.²
|
|
|
|
|
|
temperature exceeds 54 degrees
celsius²
|
0.74
|
0.76
|
0.78
|
15
|
8.3
|
Electrical Tradesperson - High
Places - at a height of 15m
|
|
|
|
|
|
or more directly above a
substantial level surface²
|
0.62
|
0.64
|
0.66
|
|
|
for each further 15m increase
in height an additional²
|
0.62
|
0.64
|
0.66
|
16
|
8.4
|
Electrical Tradesperson engaged
in work of an unusually
|
0.62
|
0.64
|
0.66
|
|
|
dirty or offensive nature²
|
|
|
|
17
|
8.5
|
Electrical Tradesperson working
in confined space²
|
0.74
|
0.76
|
0.78
|
18
|
8.6
|
Electrical Tradesperson working
in wet places³
|
3.16
|
3.25
|
3.35
|
19
|
8.7
|
Use of explosive powered tools²
|
0.13
|
0.14
|
0.14
|
|
|
minimum payment³
|
1.42
|
1.46
|
1.50
|
20
|
8.8
|
Electrical Tradesperson using
toxic substances used in
|
|
|
|
|
|
quantities of 0.5 kg or over²
|
0.74
|
0.76
|
0.78
|
|
|
Electrical Tradesperson working
in close proximity to
|
|
|
|
|
|
employees engaged in the use of
toxic substances
|
0.62
|
0.64
|
0.66
|
21
|
9.1.1
|
Confined space²
|
0.74
|
0.76
|
0.78
|
22
|
9.1.2
|
Work of an unusually dirty or
offensive nature²
|
0.62
|
0.64
|
0.66
|
23
|
9.1.3
|
Maintenance of steel frame
buildings, bridges, etc., 15m or
|
|
|
|
|
|
more above nearest horizontal
|
0.35
|
0.36
|
0.37
|
24
|
9.1.4
|
Hot Places - where temperature
is raised by artificial
|
|
|
|
|
|
means to between 46 and 54
degrees celsius²
|
0.62
|
0.64
|
0.66
|
|
|
where temperature exceeds 54
celsius²
|
0.74
|
0.76
|
0.78
|
25
|
9.1.5
|
Employees handling loose slagwool
or other loose
|
|
|
|
|
|
material used for providing
insulation against heat, etc.²
|
0.74
|
0.76
|
0.78
|
26
|
9.1.6
|
Wet Places²
|
0.62
|
0.64
|
0.66
|
27
|
9.1.7
|
Explosive power tools²
|
0.13
|
0.14
|
0.14
|
|
|
minimum payment³
|
1.42
|
1.46
|
1.50
|
28
|
12.4.2
|
Meal allowance on overtime5
|
10.50
|
10.80
|
11.10
|
29
|
12.11.2
|
Recalled from home to work
overtime5
|
10.50
|
10.80
|
11.10
|
30
|
38.4.4
|
Apprentice tool allowance¹
|
|
|
|
|
|
(A) Four year term
|
|
|
|
|
|
First year
|
6.40
|
6.60
|
6.80
|
|
|
Second year
|
8.70
|
9.00
|
9.30
|
|
|
Third year
|
11.30
|
11.60
|
11.90
|
|
|
Forth year
|
13.70
|
14.10
|
14.50
|
|
|
|
|
|
|
|
|
(B) Three year term
|
|
|
|
|
|
First year
|
7.30
|
7.50
|
7.70
|
|
|
Second year
|
11.30
|
11.60
|
11.90
|
|
|
Third year
|
13.70
|
14.10
|
14.50
|
1 Per
Week 2 Per Hour or part
thereof 3Per Day or part
thereof 4Per Shift or part
thereof 5Per Meal
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.