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New South Wales Industrial Relations Commission
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AWU-AMR ENTERPRISE AWARD 2006
  
Date03/31/2006
Volume358
Part3
Page No.655
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4426
CategoryAward
Award Code 952  
Date Posted03/31/2006

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(952)

SERIAL C4426

 

AWU-AMR Enterprise Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, Industrial Organisation of Employees.

 

(No. IRC 1395 of 2006)

 

Before Mr Deputy President Grayson

16 March 2006

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Purpose

3.         Commencement and Term of Award

4.         Hours of Duty

5.         Shift Allowance

6.         Overtime

7.         Meal Allowance

8.         Wages and Classifications

9.         Training and Multi-skilling

10.       Joint Consultative Committee

11.       Contract of Employment

12.       Disputes

13.       Disciplinary Action

14.       Holidays

15.       Annual Leave and Loading

16.       Long Service Leave

17.       Sick Leave

17a.     State Personal/ Carer’s Leave Case - August 1996

18.       Bereavement Leave

19.       Jury Service

20.       Payment of Wages

21.       Briefing Sessions

22.       Clothing

23.       Requirement to Work in Accordance with the Needs of the Enterprise

24.       Recall to Work

25.       Superannuation

26.       Union Meetings

27.       Redundancy

28.       Essential Service

29.       No Extra Claims

 

PART B

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances.

 

PART A

 

1.  Title

 

This award shall be known as the AWU - AMR Enterprise Award 2006.

 

2.  Purpose

 

The purpose of this award is to regulate the conditions of employment and to describe the enterprise agreements which will exist between Australian Metal Recovery Pty Ltd ("the employer") and the AWU, New South Wales Division ("the union") at its area of operation located within No. 21 Processing Area, Springhill Road Port Kembla.

 

This award shall apply to employees of Australian Metal Recovery Pty Ltd in the classifications contained herein. 

 

It will be the objective of the parties to create a work environment at the Australian Metal Recovery plant which will encourage and support a highly skilled and committed workforce, where team work and employee development are priorities in achieving the plant’s business objectives.

 

3.  Commencement and Term of the Award

 

This award shall come into force from the beginning of the first pay period commencing on or after 1 March 2006 and shall apply thereafter until 30 June 2009.

 

This Award shall rescind and replace the terms and conditions of employment regulated by the AWU-AMR Enterprise Award 2004, published 19 August 2005 (353 I.G. 214).

 

4.  Hours of Duty

 

i)          Ordinary working hours shall be an average of 38 hours per week over the full cycle of the relevant work roster.

 

ii)         Shift arrangements for all employees will be subject to the rosters set out in subclause (v) of this clause. 

 

iii)        Shifts shall be of no longer duration than eight hours.  Any time worked beyond this specified basis shall be at the rates defined in Clause 6 - Overtime.

 

iv)        Shift workers shall be paid, in addition to the rates payable under this award, shift work allowance in accordance with Clause 5 - Shift Allowance.

 

v)         Australian Metal Recovery is a 24 hour a day operation with an undertaking that night shift (10pm - 6am Sunday to Friday) will be manned by volunteers.

 

There will also be an undertaking by the employees that night shift shall be fully manned by operators who possess the necessary skills during periods of annual leave and / or maintenance training.

 

Should the employees fail to provide full manning as agreed above, the company shall direct employees with the necessary skills to work such night shifts.

 

All employees shall be provided with a minimum forty eight hours notice if required to work on a shift other than that ordinarily rostered for, unless a shorter period is mutually agreed.  If the required notice period has not been given, all shifts worked within the required notice period shall be paid at overtime rates in accordance with Clause 6, Overtime. 

 

Shift arrangements for all employees will be subject to the following rosters:

 

a)         Day and afternoon shift rotation:

 

Week One

6:00am to 2:00pm

Monday to Friday inclusive

Week Two

2:00pm to 10:00pm

Monday to Friday inclusive

Week Three

6:00am to 2:00pm

Monday to Friday inclusive

Week Four

2:00pm to 10:00pm

Monday to Friday inclusive

 

b)         Maintenance:

 

Week One

6:00am to 2:00pm

Monday to Friday inclusive

Week Two

6:00am to 2:00pm

Monday to Friday inclusive

Week Three

6:00am to 2:00pm

Monday to Friday inclusive

Week Four

6:00am to 2:00pm

Monday to Friday inclusive

 

Maintenance training will be for a period of three months per year of service with the understanding that some non-trades qualified operators may need to spend additional time the first time to gain the full benefit of training.

 

c)         Night Shift:

 

Week One

10:00pm to 6:00am

Sunday to Friday inclusive

Week Two

10:00pm to 6:00am

Sunday to Friday inclusive

Week Three

10:00pm to 6:00am

Sunday to Friday inclusive

Week Four

10:00pm to 6:00am

Sunday to Friday inclusive

 

vi)        Employees shall accrue 0.4 of one hour for each shift worked to allow one day to be taken off as a paid leisure day for each twenty day cycle worked.

 

vii)       Due to the commitment of a continuous five day operation leisure days will be taken at mutually agreed dates.

 

viii)      However, due to business needs, agreed hours may need to be varied and this will occur after mutual agreement between the Manager and the team operators.

 

5.  Shift Allowances

 

i)          Shift workers shall be paid, in addition to the rates payable under this award, a shift work allowance determined at the rate of as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary rates.

 

ii)         The first stage is applicable from the first full pay period commencing on or after 1 July 2006.

 

The second stage is applicable from the first full pay period commencing on or after 1 July 2007.

 

The third stage is applicable from the first full pay period commencing on or after 1 July 2008.

 

6.  Overtime

 

i)          For all time worked in excess of or outside the ordinary working hours and time prescribed by this award shall be paid at a rate of double time for all hours worked.

 

ii)         Employees for all overtime worked on Saturday and Sunday, shall be paid at the rate of double time.

 

iii)        Employees for work performed on nominated public holidays and the Picnic Day shall be paid at the rate of double time and one half.

 

iv)        Cancellation of overtime in other than breakdown situations is to attract the following:

 

a)         Less than eight hours notice of cancellation when employee at work to be paid four hours at appropriate rate plus a meal allowance.

 

b)         Less than 16 hours on weekend overtime shifts employee to be paid four hours at appropriate rates.  If the notification of weekend overtime cancellation is less than eight hours a meal allowance will also be paid.

 

7.  Meal Allowance

 

Employees required to work overtime for more than two hours after the ordinary cessation of shifts without having been notified on the previous day of the requirement to work shall be provided with a meal by the employer or paid as set out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

8.  Wages and Classification

 

i)          The ordinary weekly rate which shall be paid to an employee, including the basic wage of $121.40, shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

ii)         First stage is applicable from the first full pay period commencing on or after 1 July 2006.

 

Second stage is applicable from the first full pay period commencing on or after 1 July  2007.

 

Third stage is applicable from the first full pay period commencing on or after 1 January 2008.

 

Fourth stage is applicable from the first full pay period commencing on or after 1 July 2008.

 

iii)        For the purpose of this award:

 

a Level One operator shall mean a new employee undergoing the company’s skills training;

 

a Level Two operator shall mean a person employed as a meltman, chemical plant operator, materials handling, crane operator, fork lift operator, loading shovel and repairs and maintenance;

 

a Level Three operator shall mean an employee appointed as a relief Team Leader;

 

a Level Four operator shall mean an employee appointed as a Team Leader.

 

9.  Training and Multi-Skilling Provisions

 

i)          The employer will provide opportunities and training for employees to attain the various skills required to carry out the employer’s operations.

 

ii)         Attendance at approved courses shall be paid on the basis of eight hour ordinary time.  All out of pocket expenses shall be provided by the employer.

 

10.  Joint Consultative Committee

 

i)          A Joint Consultative Committee shall be established and the membership shall be determined by agreement between the employees and the manager.

 

ii)         The Joint Consultative Committee shall facilitate and recommend multi-skilling and training programs and assess the achievement of skills for individual employees.

 

11.  Contract of Employment

 

i)          Employment shall be on a weekly basis.

 

ii)         Employment of new employees shall be for a probationary period of eight weeks service.  Should it be decided that the performance is unsatisfactory, then following discussions with a representative of the union, the employment of the probationary employee may be terminated immediately on completion of the eight week trial.

 

iii)        Employees shall perform work as the company shall from time to time reasonably require, providing that the employee is suitably trained.

 

iv)        From time to time the employer may need to employ casual labour by agreement of both parties and they shall be paid the award rate of a Level One operator (as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates) plus a loading of 20% in lieu of annual leave, long service leave and sick leave entitlements.

 

12.  Disputes

 

i)          The dispute procedure outlines shall apply to:

 

a)         individual disputes; and

 

b)         disputes between the employer and employees.

 

ii)         To enable claims, issues and disputes to be progressed as work proceeds the following shall apply:

 

a)         The employee, employees or delegates of the union will place the claim, issue or dispute before the immediate supervisor.  The immediate supervisor will take all reasonable steps to reply to the employee, employees or delegates of the union by the end of the shift.  If a reply cannot be given by the end of the shift, a progress report shall be provided.

 

b)         Failing agreement, the employee, employees or delegates of the union shall place the claim, issue or dispute before the employer’s management.  The claim, issue or dispute and all relevant circumstances relating to it shall then be fully reviewed by the management of the employer and by the union and all reasonable steps shall be taken in an endeavour to resolve the matter within forty eight hours.

 

c)         Failing agreement, the claim, issue or dispute may be referred to the Industrial Relations Commission of New South Wales.

 

d)         Whilst the above procedure is being followed, work will proceed normally.

 

iii)        The above procedures do not apply to claims, issues or disputes relating to genuine safety matters.  In such matters, the employer will undertake immediate discussions and investigations with the employee, employees, or delegate or official of the union.

 

13.  Disciplinary Action

 

i)          Should a representative of the employer consider that an action of an employee requires a disciplinary action the following procedure shall apply:

 

Stage One - The matter shall be discussed between the representative of the employer and the employee in the presence of the union delegate.  If the occasion warrants action then an official warning shall be given to the employee.

 

Stage Two - If subsequent actions by the employee requiring disciplinary action become evident the matter will be discussed between the representative of the employer and the employee in the presence of the union delegate.  If the occasion warrants action an official letter of warning shall be issued to the employee.

 

Stage Three - Should further breaches or actions be evident, discussion shall be held between the representative of the employer, the employee, the union official and delegate and a decision shall be made as to whether the employee shall be stood down or dismissed.  After a period not exceeding six months the conduct of the employee will be reviewed and if there has been satisfactory improvement then an employee previously placed on stage one, two and three will be moved back to the previous level.

 

ii)         The above procedure shall not apply should action by the employee be serious misconduct including the following:

 

action considered to be a deliberate act of sabotage and/or wilful and blatant action dangerous to personnel and/or equipment.

 

action considered to be a breach of the employee’s contract of employment (Clause 11.), such as refusal of duty (Clause 11. Part iii) (abandonment of the job leaving work unfinished without prior approval).

 

the theft and/ or the aiding and abetting the theft of company property.

 

In such circumstances and following discussions with an official of the union the employee may be immediately dismissed.

 

14.  Holidays

 

i)          The following days or the days upon which they are observed shall for the purposes of this award be the nominated public holidays and no deduction shall be made from the wages of employees for such holidays if not worked:

 

New Year’s Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Monday

 

Anzac Day

 

Queen’s Birthday

 

Labour Day

 

Christmas Day

 

Boxing Day.

 

ii)         A Picnic Day shall be provided for and shall be taken by agreement.

 

15.  Annual Leave and Loading

 

i)          Annual leave shall be provided in accordance with the Annual Holidays Act, 1944.

 

ii)         In addition to the ordinary weekly rate of pay for the period of annual leave, a loading of twenty percent shall be paid.

 

16.  Long Service Leave

 

i)          The provisions of the Long Service Leave Act 1955 shall apply, subject to the following:

 

a)         With effect from the beginning of the first pay period on or after 1 July 2002, long service leave shall accrue at the rate of 13 weeks leave  for each 10 years of continuous service.

 

b)         This rate of accrual is not retrospective and applies only to leave accruing after the commencement of the new rate of accrual as specified in subclause 16(i).

 

ii)         The Long Service Leave Act provides:

 

a)         An employee who has completed with the company at least 5 years of continuous service but less than 10 years of continuous service and whose services are terminated

 

by the company for any reason other than the employee’s serious and wilful misconduct, or

 

by the employee on account of illness, incapacity or domestic or other pressing necessity, or

 

by reason of the death of the employee,

 

will be paid out their accrued long service leave entitlement.

 

b)         An employee who has completed with the company at least 10 years of continuous service and whose services are terminated or cease for any reason will be paid out their accrued long service leave entitlement.

 

17.  Sick Leave

 

i)          Paid Leave of absence shall be provided to cover personal illness and/or injury.  Each employee is entitled to no fewer than five days sick leave which can not be accumulated  in accordance with this clause.

 

ii)         Each individual case will be reviewed by a representative of management and reviewed on its own merits.  When necessary, the approval and length of paid sick leave will be determined after consultation with the Team Operator and the Port Kembla Branch Secretary of the union.

 

iii)        The employee is to notify the employer of the inability to attend for duty, the nature of the illness and/or incapacity and the estimated duration of the absence before the commencement of the absence where practicable but within eight hours of the commencement of the absence.

 

iv)        Breaches of notification, failure to provide necessary medical evidence and unusual or excessive taking of sick leave determined by management shall be discussed between the representative of the employer, the employee and official of the union and the appropriate action determined.

 

v)         A committee comprising of operators, the union and management shall review and formulate sick leave policy during the first 12 months of this award.

 

vi)        Carers leave will be provided up to a maximum of three days per year of continuous service which can not be accumulated.  This leave will be granted on presentation of medical evidence of this illness.

 

17a.  State Personal/Carer’s Leave Case - August 1996

 

(1)        Use of Sick Leave-

 

a)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 17, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

b)         The employee shall, if required, establish by production of a medical certificate, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(ii)        the person concerned being:

 

a)         a spouse of the employee; or

 

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

 

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

 

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 subparagraph:

 

(1)        "relative" means a person related by blood, marriage or affinity;

 

(2)        "affinity" means a relationship that a spouse, because of marriage, has to blood relatives of the other; and

 

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

 

d)         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 that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave -

 

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

 

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

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at leave five consecutive annual leave days are taken. 

 

(4)        Time off in lieu of payment for overtime -

 

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

 

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

 

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

 

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

 

(5)        Make-up Time  -

 

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

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off -

 

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

 

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

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

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

 

An employee and employer may agree to defer payment of the annual leave

 

18.  Bereavement Leave

 

Bereavement leave will be provided.  The amount of leave required will be determined by the representative of the employer and the employee.

 

19.  Jury Service

 

An employee required for jury service during working hours shall be reimbursed by the employer an amount equal to the difference between the jury duty allowance and the amount of ordinary hours wages the employee would have received during that period.

 

20.  Payment of Wages

 

i)          All wages shall be paid not later than Thursday of each week.

 

ii)         Payment shall be by way of electronic bank transfer.  Funds will be credited to the employee’s nominated bank account on normal pay days.

 

21.  Briefing Sessions

 

Quarterly briefing sessions are to be held to facilitate management/ operator communications and shall include discussions on general site performance, training and company performance.

 

22.  Clothing 

 

i)          On commencement of employment, then each twelve months each employee shall be provided with:

 

a)         Two pairs of safety boots;

 

b)         Three shirts;

 

c)         Three pairs of trousers; and

 

d)         Five pairs of work socks

 

Further to this, on presentation of the damaged clothing and/or boots the company will supply replacements within each twelve months providing that employees wear the correct footwear in the designated wet and dry areas.

 

ii)         Should an employee leave or be dismissed within three months of commencing employment then the cost of the value of the clothing issue shall be deducted from the final wage payment. 

 

23.  Requirement to Work in Accordance With the Needs of the Enterprise 

 

For the purpose of meeting the needs of the enterprise, the employer may require any employee to work a reasonable amount of 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. 

 

24.  Recall to Work

 

i)          An employee recalled from home to work overtime shall be paid for a minimum of four (4) hours work.

 

ii)         The minimum recall payment shall not apply if the work is cancelled and a minimum of two (2) hours notice of cancellation is provided.

 

25.  Superannuation 

 

i)          The employer will contribute to occupational superannuation in accordance with the requirements of the superannuation guarantee scheme.  Currently, the employer must contribute 9% of each employee’s  ordinary time earnings to a complying superannuation fund for this purpose.

 

ii)         ESSA is an abbreviation of an effective salary sacrifice arrangement.  In this agreement, the abbreviation ESSA is used to describe a situation where an employee gives up an entitlement to salary or wages before he or she has earned the entitlement to receive that amount or, in other words, before the work is done in respect of which salary or wages are sacrificed.

 

iii)        Each employee may make an ESSA for the purposes of contributing to superannuation. 

 

iv)        The employer will not permit an employee to make a salary sacrifice arrangement in relation to superannuation unless it is an ESSA.

 

v)         If an employee contributes to his or her superannuation fund at least 1% of his or her ordinary time earnings by an ESSA, the employer will contribute to that employee’s superannuation fund an amount equal to 1% of his or her ordinary time earnings, in addition to the amount which the employer must contribute under the superannuation guarantee scheme referred to in (i).

 

26.  Union Meetings

 

Employees will be paid up to six hours per year of service at appropriate rates to attend union meetings providing that;

 

an official of the union is present whenever practicable,

 

the meetings do not interfere with production,

 

normal dispute settling procedures (Clause 12. - Disputes) are adhered to.

 

27.  Redundancy

 

a)         Discussion Before Terminations.

 

i)          This clause shall apply to any collective dismissals by way of retrenchment whether made at the same time or over a period of time and where the dismissals relate to circumstances affecting the employers enterprise and not to the conduct of employee/s.

 

AMR shall hold discussions with the employees affected and their union.

 

ii)         The discussions shall take place as soon as practicable after AMR has made a definite decision consistent  with paragraph a) i) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

iii)        For the purpose of the discussion AMR shall, as soon as practicable provide in writing to the employees concerned and their union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number of workers normally employed and the period over which the terminations are likely to be carried out.

 

b)         Severance Pay

 

i)          In addition to the period of notice prescribed for ordinary termination an employee, other than a casual, whose employment is terminated for reasons set out in paragraph a) i) hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

Years Service

Plant Shut down

 

Redundancy Pay

0-1

0 Weeks

1-2

4 Weeks

2-3

7 Weeks

3-4

10 Weeks

4-5

12 Weeks

5-6

14 Weeks

6-7

16 Weeks

7-8

19 Weeks

8-9

22 Weeks

9-10

25 Weeks

10-11

27 Weeks

11-12

29 Weeks

12-13

31 Weeks

13-14

33 Weeks

14-15

35 Weeks

 

Capped at 35 Weeks

 

ii)         In addition to b) i) hereof each redundant employee will be entitled to four weeks notice or payment in lieu of notice.

 

c)         Employment Leaving During Notice

 

An employee whose employment is terminated for reasons set out in paragraph a) i) hereof may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he or she remained with AMR until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

d)         Alternative Employment

 

Where possible and practicable AMR will endeavour to assist redundant employees to obtain alternative employment.

 

e)         Time Off During Notice Period

 

Where AMR has given notice of termination to a weekly employee, the employee shall be allowed up to eight hours off without loss of pay for the purpose of seeking other employment.  The time off shall be taken at times that are convenient to the employee after consultation with the employer.

 

f)          Notice to Centrelink

 

Where a decision has been made to terminate employees in the circumstances outline in paragraph a) i) hereof, AMR shall notify in writing to Centrelink hereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

g)         Employees with Less Than One Year’s Service

 

This clause shall not apply to employees with less than one year’s continuous service and the general obligation on AMR should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of alternative employment

 

h)         Employees Exempted

 

This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, or neglect of duty or after unsuccessful behavior improvement procedures, or in the case of casual employees, or employees engaged for a specific period of time or for a specified task or tasks.

 

i)          Where a decision has been made to terminate employees in the circumstances outlined in paragraph a) i) hereof AMR shall first offer and allow voluntary redundancies, to be accepted at management’s discretion and will be governed by the needs of the enterprise.

 

Yrs Service

Voluntary Redundancy

 

Pay

0-1

0 Weeks

1-2

4 Weeks

2-3

7 Weeks

3-4

10 Weeks

4-5

13 Weeks

5-6

16 Weeks

6-7

19 Weeks

7-8

22 Weeks

8-9

25 Weeks

9-10

28 Weeks

10-11

31 Weeks

11-12

34 Weeks

12-13

37 Weeks

13-14

40 Weeks

14-15

43 Weeks

 

Capped at 43 Weeks

 

j)

 

i)          In cases where an operator wishes to leave the company because of medical conditions (excluding conditions subject to workers compensation claims), which both parties agree precludes him or her from carrying out their normal duties, we agree to pay all entitlements in paragraph b) i) hereof and severance pay of 2.5 weeks per full year of continuous service up to a maximum of 26 weeks.

 

ii)         In any case it is agreed that the union will be advised prior to any such agreement being reached or finalised.

 

28.  Essential Service

 

In the event that there is a stoppage of work by AMR employees which may affect the supply of tin anodes, the pick up and handling of Sinter Plant Dusts,and the Hot Strip Mill and Slab Caster Mill Scales, the union and its members will agree to supply six operators at a mutually agreed time to ensure the maintenance of supply to the BHP Packaging Product Tinning Lines, to service the Sinter Plant Dusts, and the Hot Strip Mill, the Plate Mill and Caster Mill Scale pits so as not to cause any delays to BSL’s operations.

 

29.  No Extra Claims

 

The union undertakes not to pursue any extra claims, award or over-award including State Wage Case Decision increases during the period of operation of this Award.

 

Not to be used as a precedent

 

This Agreement shall not be used in any manner whatsoever to obtain similar arrangements or benefits in any other plant or enterprise.

 

PART B

 

Table 1 - Rates of Pay

 

Classification

Base Rate

Stage One

Stage Two

Stage Three

Stage Four

 

 

+ 4.0%

+ 2.0%

+ 2.0%

To be negotiated

 

 

 

 

 

after January 2008

First full pay period on or after

 

1 July 2006

1 July 2007

1 January 2008

1 July 2008

 

$

$

$

$

$

Level One

816.17

848.82

865.80

883.12

 

Level Two

978.25

1,017.38

1,037.73

1,058.48

 

Level Three

1,007.52

1,047.82

1,068.78

1,090.16

 

Level Four

1,036.81

1,078.28

1,099.85

1,121.85

 

 

Table 2 - Other Rates and Allowances

 

 

Amount

Amount

Amount

Amount

Shift Work Allowance - for day,

$

$

$

$

afternoon and maintenance

53.39

55.53

56.64

57.77

Shift Work Allowance-night shift only

Set at 25% of operators classification and rate of pay

Meal Allowance for each meal

13.00

13.00

13.80

14.10

 

 

 

J. P. GRAYSOND.P.

 

 

____________________

 

Printed by the authority of the Industrial Registrar.

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