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New South Wales Industrial Relations Commission
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SMORGON STEEL GROUP - REINFORCING AND STEEL PRODUCTS DIVISION - MANUFACTURING AND GRINDING MEDIA WARATAH - AWARD 2006
  
Date04/14/2006
Volume358
Part4
Page No.900
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4424
CategoryAward
Award Code 611  
Date Posted04/13/2006

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(611)

SERIAL C4424

 

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.

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