Boral Dunmore Quarry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Construction Materials Group Limited.

 

(No. IRC 1240 of 2006)

 

 

AWARD

 

PART A

 

1.1  Arrangement

 

Clause No.    Subject Matter

 

PART 1

 

PRELIMINARY

 

1.1       Arrangement

1.2       Anti-Discrimination

1.3       Award Display

1.4       Definitions

1.5       Area, Incidence and Duration

 

PART 2

 

CONTRACT OF EMPLOYMENT

 

2.1       Contract of Employment

2.2       Consultation

2.3       Utilisation of Skills

2.4       Training

2.5       Redundancy

2.6       Avoidance of Industrial Disputes and Employee Grievances

2.7       Counselling

 

PART 3

 

CLASSIFICATIONS, WAGES AND ALLOWANCES ETC

 

3.1       Classifications and Wages

3.2       Payment of Wages

3.3       Tools

3.4       First Aid

3.5       Travel, Board and Lodging

3.6       Transition and Progression

3.7       ‘Wages Sacrifice’ in Return for Increased Employer Funded Superannuation

 

PART 4

 

HOURS OF WORK ETC

 

4.1       Hours of Work - Day Workers

4.2       Working of the 38 Hour Week

4.3       Shift Work

4.4       Meal Breaks

4.5       Rest Breaks

4.6       Sundays and Holidays

4.7       Overtime

 

PART 5

 

LEAVE ETC

 

5.1       Annual Leave

5.2       Annual Leave Loading

5.3       Long Service Leave

5.4       Parental Leave

5.5       Bereavement Leave

5.6       Jury Service

5.7       Sick Leave

5.8       State Personal/Carer's Leave Case - August 1996

 

PART 6

 

MISCELLANEOUS

 

6.1       Delegates

6.2       Protective Clothing

6.3       Personal Protective Equipment

6.4       Right of Entry

6.5       Meal Rooms

6.6       Change Rooms and Conveniences

6.7       Miscellaneous Provisions

6.8       Best Person For The Job

6.9       Top Up Labour

6.10     Leave Reserved

 

PART B

 

PART 7

 

MONETARY AMOUNTS

 

Table 1 - Wages

Table 2 - Allowances

 

Schedule ‘A’ - Wages Sacrifice Election Form

 

1.2  (Anti-Discrimination)

 

(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.

 

(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 that, by its terms or operation, has a direct or indirect discriminatory effect.

 

(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.

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTATION:

 

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

 

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

 

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

 

1.3  (Award Display)

 

(1)        A copy of this award shall be exhibited and kept exhibited in each quarry so as to be legible by the employees.

 

1.4  (Definitions)

 

(1)        "Quarry" means the Dunmore quarry operated by Boral Resources (NSW) Pty Limited.

 

(2)        "Accredited competency based training" shall mean such training as becomes available through the National Mining Industry Training Advisory Board.

 

(3)        "Operator in charge of Plant" - An employee shall be deemed to be in charge of an item of plant where -

 

(a)        two or more operators are employed on a unit of plant at the same time and the employee is the operator specifically entrusted with the supervision and responsibility;

 

(b)

 

(i)         an operator is instructed by the supervisor of the work that their duties are to include repairs to their unit of plant in addition to the work of operating the plant but not when they merely assist a fitter or engineer to do such work.

 

(ii)        Where it is sought to introduce this provision, the site consultative committee shall be consulted prior to any implementation.

 

(4)        "Boral" shall mean Boral Construction Materials Group Limited.

 

(5)        "Driver Class 1, 2, 3" means a driver so defined in the Motor Traffic Act and Regulations.

 

(6)        "Confined Space" means a compartment or space (access to which is through a manhole or similar opening) or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation.

 

(7)        "Leading Hand" means an employee who is required to supervise or direct or be in charge of other employees.  There is no requirement to appoint leading hands merely because groups of employees work together.  Leading hand is an appointment at the absolute discretion of management.

 

(8)        "Appropriate action" in clause 2.7 means training, further review, warning (verbal or written) or dismissal from employment.

 

(9)        "Complex Plant Operator" shall be a singular experienced operator deemed by Boral to be performing functions similar to Remote Control Room Operator, but who is able to achieve superior performance in controlling the output of large complex plant from a single control station.

 

(10)      "Large Complex Plant" will typically mean stages of the crushing and screening process at a single location in a hard rock quarry from tipping control at the primary crusher to final product, including product-blending facilities.  Alternatively it may be both sand and aggregate processing equipment in a river gravel operation.

 

1.5  (Area, Incidence and Duration)

 

(1)        This award shall apply to all employees of the classifications specified herein employed by Boral at the quarry.

 

(2)        This award rescinds and replaces the Boral Dunmore Quarry (State) Award published 9 July 2004 (345 I.G. 236)

 

(3)        This award supersedes and replaces all previous agreements, understandings and practices between the parties to the making of this award and Boral and its employees at the Dunmore quarry.

 

(4)        This award shall take effect from 16 March 2006 and shall have a nominal term for three years.

 

PART 2

 

CONTRACT OF EMPLOYMENT

 

2.1  (Contract of Employment)

 

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

 

(2)        All new employees shall be on probation for the first four (4) weeks of engagement. There shall be appropriate procedures documented for each site so as to ensure proper induction of the new employees and full explanation of the contract of employment including Occupational Health & Safety matters, Company Code of Conduct and Site Specific matters.

 

(3)        Termination of employment of weekly employees - 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.

 

This shall not affect the right of Boral to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.

 

Where an employee has given or been given notice as aforesaid they shall continue in employment until the date of the expiration of such notice.

 

Any employee who having given or been given notice as aforesaid, without reasonable cause (proof of which shall lie on them) absents themself from work during such period shall be deemed to have abandoned their employment and shall not be entitled to payment for work done by them within that period.  Provided that where Boral has given notice as aforesaid, an employee on request, shall be granted leave of absence without pay of one day in order to look for alternative employment.  Leave of absence so granted shall not constitute abandonment of employment for the purpose of this sub-clause.

 

(4)        Abandonment of Employment - The absence of an employee from work for a continuous period exceeding three working days without the consent of Boral and without notification to Boral shall be prima facie evidence that the employee has abandoned their employment.  Provided that:

 

(a)        If within a period of fourteen days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of Boral that they were absent for reasonable cause, they shall be deemed to have abandoned their employment.

 

(b)        Termination of employment by abandonment in accordance with this sub-clause shall operate as from the date of the last attendance of work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to Boral, whichever is the latter.

 

(5)        Part-Time Employment

 

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

 

(b)        An employee so engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed by Clause 7 for the classification in which the employee is engaged.

 

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

 

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

 

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

 

(f)         The number of part-time employees shall not exceed 20% of employees on site unless agreed to by the employees and union(s) concerned.  This sub-clause does not preclude the use of part-time employment when there are less than five employees on site.

 

(g)        Prior to the introduction of any part-time employment Boral should consult with the employees on site by utilising the site consultative mechanism and procedures established in accordance with Clause 2.2 Consultation.

 

(6)        Casual Employment - A casual employee is one engaged and paid as such and such engagement shall be for a period of no more than 4 weeks unless such period is extended by agreement with the site consultative committee.  A casual employee for working ordinary time shall be paid per hour one-thirty-eighth of the weekly rate prescribed by this award for the work which they perform plus 15 per centum.

 

2.2  (Consultation)

 

(1)        The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of Boral and to enhance the career opportunities and job security for the employees.

 

(2)        A consultative committee shall be established including a representative numbers of employees from the quarry. Issues raised by Boral, employees or the Union for consideration consistent with sub-clause (1) herein, shall be processed through the consultative committee.

 

2.3  (Utilisation of Skills)

 

(1)        Employees shall be employed to carry out such duties as may be directed by Boral from time to time subject to the limits of their skill and competence and training provided that such duties are not designed to promote de-skilling.

 

Any employee may at any time carry out such duties and use such tools and equipment as may be directed by Boral provided that the employee has been properly trained in the use of such tools and equipment.

 

(3)        One of the greatest benefits from restructuring is greater flexibility.  This is achieved by allowing and requiring each employee to acquire and use the skills to undertake the "whole job" in the area of his/her employment, as he/she would do as if it was their own business, or their own home project.

 

Flexibility will result from all employees having a broader range of skills and knowledge and also through the application of such skills and knowledge.  An employee development structure will lead to all employees using the skills they attain.  Rather than having dedicated positions employees will possess a range of skills that they will be able to use as appropriate.

 

2.4  (Training)

 

(1)        The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of the quarry; a greater commitment to training and skill developments is required.  Accordingly, the parties commit themselves to:

 

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

 

(b)        providing employees with career opportunities through appropriate training to acquire additional skills; and

 

(c)        removing barriers to the utilisation of skills acquired.

 

(2)        Following proper consultation in accordance with Clause 2.2 Boral shall develop a training program consistent with:

 

(a)        the current and future skill needs of the quarry;

 

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

 

(c)        the need to develop vocational skills relevant to the quarry and the quarrying industry through courses conducted by accredited educational institutions and providers and through on-site training; and

 

(d)        consistent with (a), (b) and (c) above, Boral shall not unreasonably withhold their consent to a request for additional training when developing the said training program.

 

(3)

 

(a)        Where as a result of consultation, in accordance with Clause 2.2 and with the employee concerned, it is agreed that additional training in accordance with the program developed pursuant to sub-clause (2) herein should be undertaken by an employee, that training may be undertaken either on or off the job.  Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay.  Boral shall not unreasonably withhold such paid training leave;

 

(b)        Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in Boral's technical library) incurred in connection with the undertaking of training shall be reimbursed by Boral upon production of evidence of such expenditure.  Provided that reimbursement shall also be on an annual basis subject to the presentation of reports of satisfactory progress;

 

(c)        Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by Boral.

 

2.5  (Redundancy)

 

(1)        Commitment

 

(a)        Preservation of Employment -

 

(i)         Where practicable and having regard to the needs of the quarry, the parties to this award, Boral and their employees will co-operate to preserve existing employment and enhance future employment opportunities generally.

 

(ii)        The parties to this award recognise that this is best achieved when Boral and employees co-operate to ensure that what can be done is done, to produce sustainable improvements in the competitive performance of the quarry.

 

(b)        Training and Retraining -

 

(i)         The parties to this award recognise their commitment to training and retraining as provided for in Clause 2.4 of this award.

 

(c)        Selection -

 

(i)         When redundancies are to occur, those to be made redundant should be selected by reference to the skills, experience, training and performance of individuals compared to the current and future needs of the business concerned.  Having undertaken such an assessment, if it is necessary to make redundant individuals that are comparatively equal in terms of the said assessment, unless some other pressing domestic issue is raised by the individuals concerned, the employee or employees with the shortest period of service should be retrenched first.

 

2.          Introduction of Change

 

(a)        Company’s duty to Notify -

 

(i)         Where Boral has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, Boral shall notify the employees who may be affected by the proposed changes, and the union to which they belong.

 

(ii)        "Significant effects" include termination of employment, major changes in the composition, operation or size of Boral’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.  Provided that where the award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

 

(b)        Company’s Duty to Discuss Change -

 

(i)         Boral shall discuss with the employees affected, inter alia, the introduction of the changes referred to in provision (a) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse affects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their union in relation to the changes.

 

(ii)        The discussions shall commence as early as practicable after a definite decision has been made by Boral to make the changes referred to in the said provision (a) of this sub-clause and should utilise the consultative structure established at the quarry in accordance with Clause 2.2 of this award.

 

(iii)       For the purpose of such discussion, Boral shall provide in writing to the employees concerned and their union if any, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that any Company shall not be required to disclose confidential information the disclosure of which would be inimical to Boral’s interests.

 

3.          Redundancy

 

(a)        Discussions Before Terminations -

 

(i)         Where Boral has made a definite decision that Boral no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decisions may lead to termination of employment, Boral shall hold discussions with the employees directly affected and with the union to which they belong.

 

(ii)        The discussion shall take place as soon as is practicable after Boral has made a definite decision which will invoke the provisions of paragraph (i) of provision (a) of this sub-clause 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.  The discussions should utilise the consultative structure established at the quarry in accordance with Clause 2.2 of this award.

 

(iii)       For the purposes of the discussion Boral shall, as soon as practicable, provide in writing to the employees concerned and their union if any, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.  Provided that any Company shall not be required to disclose confidential information the disclosure of which would be inimical to Boral’s interests.

 

(b)        Transfer to Lower Paid Duties

 

(i)         Where an employee is transferred to lower paid duties for reasons set out in paragraph (i) of provision (a) of this sub-clause the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated, and Boral may at Boral’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

 

(c)        Notice of Changes in Production, Program, Organisation or Structure

 

(i)         This sub-clause sets out the notice provisions to be applied to `terminations’ by Boral for reasons arising from "production", "program", "organisation" or "structure", in accordance with Clause 2.5, (2) (a) (i) of this award.

 

(ii)        In order to terminate the employment of an employee Boral shall give to the employee the following notice:

 

 

(iii)       In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

 

(iv)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(d)        Notice for Technological Change

 

(i)         This sub-clause sets out the notice for provisions to be applied to termination by Boral for reasons arising from "technology" in accordance with Clause 2.5, (2)(a)(i) of this award:

 

(ii)        In order to terminate the employment of an employee Boral shall give to the employee 3 months notice of termination.

 

(iii)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iv)       The period of notice required by this sub-clause to be given shall be deemed to be service with Boral for the purposes of the Long Service Leave Act, 1995, the Annual Holidays Act, 1944, or any Act amending or replacing either of these Acts.

 

(e)        Severance Pay

 

(i)         Where an employee is to be terminated pursuant to Clause 2.5, (3) (c) or (d) of this award, subject to further order of the Industrial Relations Commission, Boral shall pay the following severance pay in respect of a continuous period of service:

 

If an employee is under 45 years of age, Boral shall pay in accordance with the following scale:

 

 

Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

 

In addition to the above mentioned scales for each completed year  of service, 7 years or more, an employee shall receive 2 weeks pay per completed year of service subject to no employee receiving more than 52 weeks pay in total.

 

"Weeks pay" means the all purpose rate for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with Clauses 3.1 Classification and Wages,  and 4.3 Shift Work.

 

(f)         Employee Leaving During Notice

 

An employee whose employment is terminated for reasons set out in paragraph (i) of provision (a) 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 Boral until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(g)        Alternative Employment -

 

Boral, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if Boral obtains acceptable alternative employment for an employee.

 

(h)        Time Off During Notice Period -

 

(i)         During the period of notice of termination given by Boral an employee shall be allowed up to one day’s time off without loss of pay during each week of notice to a maximum of 5 weeks, for the purpose of seeking other employment.

 

(ii)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of Boral, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent.

 

For this purpose a statutory declaration shall be sufficient.

 

(i)         Notice to Commonwealth Employment Service -

 

Where a decision has been made to terminate employees in the circumstances outlined in paragraph (i) of provision (a) of this sub-clause, Boral shall notify the Commonwealth Employment Service thereof 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.

 

(j)         Department of Social Security Employment Separation Certificate -

 

Boral shall, upon receipt of a request from an employee whose employment has been terminated in the circumstances outlined in paragraph (i) of provision (a) of this sub-clause, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.

 

(k)        Statement of Employment -

 

Boral shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee.

 

(l)         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 Boral shall 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 suitable alternative employment.

 

(m)       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 in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment  is terminated due to the ordinary and customary turnover of labour.

 

(n)        Incapacity to Pay -

 

Subject to an application by Boral and further order of the Industrial Relations Commission Boral may pay a lesser amount (or no amount) of severance pay than that contained above.

 

The Industrial Relations Commission shall have regard to such financial and other resources of Boral concerned as the Industrial Relations Commission thinks relevant and the probable effect paying the amount of severance pay above will have on Boral.

 

(o)           Alternative Employment -

 

Subject to an application by Boral and further order of the Industrial Relations Commission Boral may pay a lesser amount (or no amount) of severance pay than that contained above if Boral obtains acceptable alternative employment for an employee.

 

2.6  (Avoidance of Industrial Disputes and Employee Grievances

 

(1)        This procedure for the avoidance of industrial disputes and employee grievances shall apply in each quarry covered by this award.

 

(2)        The objectives of the procedure shall be to promote the resolution of disputes/grievances by measures based on consultation, co-operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages.

 

(3)

 

(a)        Procedures relating to grievances of individual employees

 

(i)         The employee is required to notify (in writing or otherwise) Boral as to the substance of the grievance, request a meeting with Boral for bilateral discussions and state the remedy sought.

 

(ii)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(iii)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(iv)      At the conclusion of the discussion, Boral must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(v)       While a procedure is being followed, normal work must continue.

 

(vi)      The employee may be represented by an industrial organisation of employees.

 

(b)        Procedures relating to disputes etc. between Boral and their employees

 

(i)         A question, dispute or difficulty must initially be dealt with as close to its sources as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(ii)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(iii)       While a procedure is being followed, normal work must continue.

 

(iv)      Boral may be represented by an industrial organisation of Companies and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

(4)        There shall be a commitment by the parties to achieve adherence to this procedure.  This should be facilitated by the earliest possible advice by one party to the other of any issue or problem that may give rise to a grievance or dispute.

 

(5)        Sensible time limits shall be allowed for the completion of the various stages of the discussions.  At least seven days should be allowed for all stages of the discussions to be finalised.

 

(6)        Emphasis shall be placed on a negotiated settlement.  However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute.

 

(7)        In order to allow for the peaceful resolution of  grievances and disputes the parties shall be committed to avoid industrial action including, stoppages of work, lock-outs or any other bans or limitations on the performance of work while the above procedure is being followed.

 

2.7  (Counselling)

 

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

 

(a)        undertake an investigation of the matter;

 

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

 

(c)        consider the employee’s response;

 

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

 

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

 

(f)         take appropriate action.

 

PART 3

 

CLASSIFICATIONS, WAGES AND ALLOWANCES ETC

 

3.1  (Classifications and Wages)

 

(1)        Subject to clause 3.6 Transition and Progression employees covered by this award shall be classified into one of the Levels set out below:

 

(a)        Level 1 Operator

 

A Level 1 operator is an employee who upon entering employment undertakes induction and operator training so to progress to Level 2.

 

(b)        Level 2 Operator

 

A Level 2 operator is an employee who has acquired one core operator skill.

 

(c)        Level 3 Operator

 

A Level 3 operator is an employee who has acquired two operator skills at least one of which must be a core operator skill.

 

(d)        Level 4 Operator

 

A Level 4 operator is an employee who has acquired three Operator skills at  least one of which must be a core skill.

 

(e)        Level 5 Operator

 

A Level 5 operator is an employee who has acquired 4 operator skills at least 2 if which must be core operator skills.

 

(f)         A Level 6 Operator

 

A Level 6 operator is an employee who has acquired 5 operator skills at least 3 if which must be core operator skills.

 

(g)        Facilitator

 

A facilitator is an employee appointed to the position by Boral.

 

(h)        Trades Level 1

 

A Trades Level 1 is an employee who has acquired a relevant Trade Certificate.

 

(i)         Trades Level 2

 

A Trades Level 2 is an employee who has had 12 months experience working in the quarrying industry as a Trades Level 1.

 

(j)         Trades Level 3

 

A Trades Level 3 is an employee who in addition to working at Trades Level 2 has acquired one additional Trade skill and 1 operator skill.

 

(k)        Trades Level 4

 

A Trades Level 4 is an employee who in addition to working at Trades Level 2 has acquired 2 additional Trades skills and 1 operator skill.

 

(l)         Trades Level 5

 

A Trades Level 5 is an employee who in addition to working at Trades Level 2 has acquired 3 additional trade skills and 1 operator skill.

 

(2)        Core Operator Skills and Additional Trade Skills include:

 

(i)         Quality Control;

 

(ii)        Weighbridge;

 

(iii)       Fixed Plant;

 

(iv)       Front End Loader;

 

(v)        Excavator;

 

(vi)       Truck;

 

(vii)      Allocation; and

 

(viii)     Administration/Clerical.

 

(3)           Ancillary Operator skills include:

 

(i)         Driller;

 

(ii)        Shot Firer;

 

(iii)       Ancillary Equipment Operator;

 

(iv)       Dozer Operation; and

 

(v)        Grader Operation.

 

(4)        Additional Trades Skills include:

 

(i)         Restricted Electrical Licence;

 

(ii)        Hydraulics or Pneumatics;

 

(iii)       Rigger Class 4;

 

(iv)       Auto Electrics;

 

(v)        A Grade Electricians Licence;

 

(vi)       High Voltage Licence; and

 

(vi)       Electronics.

 

(5)        Employees classified in a Trade classification will only be required to utilise an Operator Skill for emergencies or to relieve in circumstances of unscheduled absences when employees in Operator classifications are fully utilised.

 

(6)        Subject to Clause 3.7 Wages Sacrifice, the rates of pay to be paid to employees as classified in (1) above are set out in Table 1 of Part B to this award.

 

(7)        Where the fixed plant skill in paragraph (2) above complies with the definition for complex plant operator, it will be deemed to be equal to 2 core skills for the purposes of calculating the relevant rate of pay.

 

(8)        Additions To Wage Rates -

 

The allowances prescribed in sub-paragraphs (a), (b) and (c) of this sub-clause shall be treated as part of the employee’s ordinary wage for all purposes of the award.

 

(a)        In Charge of Plant Allowance(as defined) - the amount set out in Item 1 of Table 2 of Part B per week.

 

Leading Hand Allowance(as defined): in charge of:

 

2 - 5 the amount set out in Item 2 Table 2 of Part B

 

6 - 10 the amount set out in Item 3 Table 2 of Part B

 

11- 20 the amount set out in Item 4 Table 2 of Part B

 

More than 20 - the amount set out in Item 5 Table 2 of Part B

 

(9)        Confined Spaces Allowance - Quarry Maintenance Personnel

 

For working in confined spaces (as defined) an employee classified as Quarry Trades, shall be paid the amount set out in Item 6 of Table 2 of Part B.

 

3.2  (Payment of Wages)

 

(1)        Wages shall be paid weekly by means of electronic funds transfer.

 

(2)        When employees are terminated, except for misconduct, they shall be paid all wages due to them at the time of their termination.  In the case of termination for misconduct or of resignation they shall be paid all wages due to them within twenty-four hours after termination.

 

(3)        When an employee’s wages are not in the relevant employee’s nominated account on the designated pay day Boral if requested to do so by the employee, shall provide the employee’s wages to the employee in cash by conclusion of the next day’s shift and in any case no later than Friday.

 

3.3  (Tools)

 

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

 

(2)        All tools required by Operators shall be provided free of charge by Boral.

 

3.4  (First Aid)

 

(1)        The Occupational Health and Safety (First-Aid) Regulation 1989 shall be applied at quarries covered by this award.

 

(2)        An employee holding a first-aid certificate and appointed by Boral to perform first-aid duties shall be paid an allowance as set out in Item 8 of Table 2 of Part B per day in addition to their ordinary rate.

 

3.5  (Travel, Board & Lodging)

 

(1)        Employees temporarily transferred from their usual place of employment to another location shall be paid at ordinary time rates for all time in excess of that usually spent in travelling to their place of employment and when required to use their private vehicle shall be paid an allowance as set out in sub-clause (2) of this clause for all distance travelled in excess of that usually travelled to their place of employment.  This allowance shall be payable in addition to any payment made under subclause (3) of this clause.

 

(2)        Where employees during working hours are directed by Boral to use their private motor vehicle for any purpose they shall be paid an allowance as set out in Item 9 of Table 2 of Part B per kilometre travelled.  This allowance shall be payable in addition to any payment made under subclause (8) of this clause.

 

(3)        Where public transport is not available at a suitable time, employees shall be paid an allowance of as set out in Item 10 of Table 2 of Part B per day in recognition of the necessity of making their own transport arrangement, provided that the above allowance shall be payable to employees who commence prior to 6.30am, or finish subsequent to 7.00pm; provided further that if Boral makes private transport available at a suitable time free of charge the above stated allowance is not payable.

 

(4)        Where an employee has agreed to remain away from their usual place of work overnight Boral shall, at its expense, provide reasonable board and lodging for the employee.

 

3.6  (Transition & Progression)

 

(1)        Progression Through The Classification Structure:

 

Progression from one level to another, (apart from transitional circumstances), is dependant upon an employee undertaking training and gaining accreditation in all relevant skills/knowledge  of the next level and applying those skills and knowledge  as required on the job.

 

(2)        Skills/Knowledge Units:

 

The particular training units undertaken by an individual will depend upon the needs of the business at the time in accordance with Clause 2.4 Training. Regard will be given to employee preference.

 

An employee who enters the area must firstly undertake Entry Skills/Knowledge Units.

 

An employee must be accredited with the Entry Level Skills prior to gaining accreditation to Level 1.

 

For an employee to be accredited to the next level, the employee must firstly be accredited to the previous level, then assessed as competent in the next level skill/knowledge units.

 

(3)        Reclassification Or Accreditation:

 

To be accredited and paid at a level an employee will have to have satisfied all of the skill requirements of that level.

 

No current employee will suffer any reduction in their current rates of pay. An employee will retain this rate of pay until they meet the requirements for accreditation to a level in the structure at rate of pay higher than they currently receive.

 

It will be necessary for employees to acquire skills for lower levels in the structure. That is, levels at lower rates than they currently receive.

 

(4)        Provision Of Training:

 

Subject to Clause 2.4 Training, training plans will be developed for each employee with a view to providing equal opportunities to all employees. This will involve some prioritisation of training. However, Boral undertakes that training will be provided to allow employees to progress through the structure at a reasonable rate.

 

These training plans will be used as guides only. Circumstances may require a certain amount of flexibility with these plans. For example, an employee may have to attempt a training unit again, an employee may be able to attempt the training unit earlier than anticipated, or business needs may not allow for the release of an employee at the noted time. All of these factors will impact on Boral’s ability to provide training opportunities.

 

An employee may be required to undertake a replacement training unit if a unit previously undertaken is subsequently replaced.

 

(5)        Accreditation

 

For most skills, assessment will involve a demonstration of the skill to the relevant  competency level. This competency level will be assessed by a person who has been trained to act as an assessor.

 

(6)        Credit For Skills Already Possessed:

 

A skills audit will be carried out to give each employee  an idea what skills they will be credited with, having performed those skills to a satisfactory standard in the recent past. This skills audit involves skilled operators and the Supervisor assessing an employee’s skills against assessment criteria noted in the respective competency.

 

(7)        USE OF SKILLS:

 

All employees will be expected to fully utilise any skills for which they have been assessed as competent. They will also be expected to assist in the provision of future on the job instruction in a skill to a fellow employee.

 

(8)        MIXED FUNCTIONS:

 

Mixed function will not apply once employees are progressing through the model. It will not apply whilst an employee is training in a training unit at a higher level than they are accredited.  That is, employees are not paid at a higher level until assessed as competent at that level.

 

3.7  (‘Wages Sacrifice’ in Return for Increased Employer Funded Superannuation)

 

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

 

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

 

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

 

(b)        calculating allowances arising from clause 4.3(5), in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;

 

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

 

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

 

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

 

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

 

(4)        Having made an election in accordance with this clause an employee may cease or vary their election by completing a further election form as set out in Schedule 2 of this award to have prospective effect on and only on 1 January or 1 July each year.

 

(5)        Despite anything else in this clause, if an employee makes an election in accordance with this clause:

 

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

 

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

 

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

 

(d)        the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age-based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).

 

PART 4

 

HOURS OF WORK ETC

 

4.1.  (Hours of Work- Day Workers)

 

(1)        Subject to Clause 4.2 - (Working of 38 hour week) the ordinary hours of work shall be an average of 38 per week.

 

(2)        The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.  The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of Boral between the spread of 6.00am and 6.00pm (as per current agreement).  Provided that the spread of hours may be further altered by mutual agreement between Boral and the majority of employees in the quarry or sections or section concerned.

 

(3)        The ordinary hours of work prescribed herein shall not exceed ten on any day.  Provided that in any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between Boral and the majority of employees concerned in the quarry.

 

4.2  (Working of a 38 Hour Week)

 

(1)        The method of working the 38 hour week shall be determined by Boral from time to time and shall be any one of the following:

 

(a)        by Boral fixing one work day in the 4th week of a 4 week work cycle as a leisure day on which all employees at that particular establishment will be off work;

 

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

 

(c)        by Boral rostering an employee off on any day of the week during a particular work cycle so that each employee has one day off during a 4 week work cycle;

 

(d)        rostered days off may be accumulated to a maximum of five (5) days by agreement between Boral and the individual employee concerned;

 

(e)        provided that where Boral has not fixed a rostered day or half day off as above, then by agreement of the majority of employees in any section, or group in the quarry an employee may work less than eight ordinary hours on any one day or more days each week; and/or

 

(f)         despite anything else above, Boral may because of breakdown or emergency or exigency, direct individual employees (who have one or more accumulated RDO’s) to take such RDO’s on the day or days  following the breakdown, emergency or exigency.

 

(2)        Where such rostered work day as prescribed by provisions (a), (b) and (c) above falls on a public holiday as prescribed in Clause 4.6 (Sundays and Holidays) the next working day shall be taken in lieu of the rostered day off unless an alternate day in that four week cycle or the next is agreed in writing between Boral and the employee(s).

 

(3)        Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(4)        An employee who has not worked, or is not regarded by reason of provision (c) above as having worked a complete 19 day four week cycle, shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle payable for the rostered day off, or in the case of termination of employment, on termination.

 

(5)        The accrued rostered day prescribed in provisions (a), (b) and (c) shall be taken as a paid day off provided that the day may be worked where that is required by Boral and such work is necessary to allow other employees to be employed productively or to carry out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project in which case the employee shall take another day off at their discretion within the next seven (7) days.

 

4.3  (Shift Work)

 

(1)        Definitions:  For the purposes of this clause -

 

"Afternoon Shift" means any shift finishing after 6.00pm and at or before midnight.

 

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00am.

 

"Rostered Shift" means any shift of which the employee concerned has at least forty-eight hours' notice.

 

(2)        Shift Work

 

(a)        Subject to Clause 4.2 (Working of a 38 Hour Week) the ordinary hours of work shall be an average of 38 per week.

 

(b)        The ordinary hours shall be worked continuously except for meal breaks at the discretion of Boral.  Subject to the provisions of Clause 4.4 (Meal Break), an employee shall not be required to work for more than five ordinary hours without a break for a meal.  Except at regular change-over of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

(c)        Provided that the ordinary hours of work prescribed herein shall not exceed ten hours on any day.  In any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between Boral and the majority of employees concerned in the quarry.

 

(3)        Roster:  Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

(4)        Variation by Agreement:  Notwithstanding anything else contained in this award, the method of working shifts may in any case be varied by agreement between Boral and the accredited representative(s) of the employees to suit the circumstances of the establishment.  The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the parties to suit the circumstances of the establishment or shift work may rotate weekly or fortnightly with day work. In the absence of agreement by seven days' notice of alteration given by Boral to the employees.

 

(5)        Afternoon or Night Shift Allowances

 

(a)        A shift worker whilst on afternoon or night shift shall be paid for such shift thirty-three and one-third (33 1/3) percent more than their ordinary rate.

 

(b)        An employee who:

 

(i)         during a period of engagement on shift works night shift only; or

 

(ii)        remains on night shift for a longer period than four consecutive weeks; or

 

(iii)       works on night shift which does not rotate or alternate with another shift or with day work so as to give them at least one-third of their working time off night shift in each shift cycle;

 

Shall during such engagement period or cycle be paid thirty-three and one-third (33 1/3) percent more than their ordinary rate for all time worked during ordinary working hours on such night shift.

 

(6)        The minimum rate to be paid to a shift worker for ordinary hours of work performed between midnight on Friday and midnight on Saturday shall be time and a half for the first two hours and double time thereafter.  Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in sub-clause (5) of this clause.

 

(7)        Shift workers for all time worked by shift workers in excess of or outside their ordinary working hours or on a shift other than a rostered shift shall:

 

(a)        if employed on continuous work be paid at the rate of double time; or

 

(b)        if employed on other shift work at the rate of time and a half for the first two hours and double time thereafter except in each case when the time is worked;

 

(i)         by arrangement between the employees themselves;

 

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

 

Provided that when not less than eight hours' notice has been given to Boral by a relief person that they will be absent from work and the employee whom they should relieve is not relieved and is required to continue to work on their rostered day off the unrelieved employee shall be paid double time.

 

(8)        Boral may require any employee to work reasonable overtime at overtime rates.

 

(9)        Sundays and Holidays:

 

For all time worked by shift workers on a Sunday or holiday shall be paid at the rates prescribed by Clause 4.6, of this award.  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 each Sunday or holiday. Where a shift falls partly on a holiday, the major portion of the shift which falls on a holiday shall be regarded as the holiday shift.

 

(10)      Notwithstanding the provisions of this clause, employees on shift work  shall be allowed a thirty (30) minute paid meal break during each shift which shall be counted as time worked.

 

4.4  (Meal Breaks)

 

(1)        An employee shall not be required to work for more than five ordinary hours of work without a break for a meal.

 

Provided that:

 

(a)        In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours an employee shall not be required to work for more than six hours without a break for a meal; and

 

(b)        By agreement between Boral and the majority of employees in the quarry, work section, or sections concerned, an employee or employees may be required to work in excess of five ordinary hours but not more than six ordinary hours at ordinary rates of pay without a meal break.

 

(2)        The time of taking a scheduled meal break by one or more employees may be altered by Boral if it is necessary to do so in order to meet a requirement for continuity of operations.

 

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

 

(4)        Subject to the provision of sub-clause (1) hereof, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while such plant is idle.

 

(5)        Except as provided in sub-Clause (1) and (2) hereof, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

 

4.5  (Rest Break)

 

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

 

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

 

(3)        The time of taking a scheduled rest break by one or more employees may be altered by Boral if it is necessary to do so in order to meet a requirement for continuing of operations.

 

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

 

4.6  (Sundays and Holidays)

 

(1)        New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day and an additional day's holiday to be observed pursuant to sub-clause (2) of this clause and any other day gazetted as a public holiday for the State shall be holidays for the purposes of this award and shall be granted without loss of pay.

 

(2)        In accordance with sub-clause (1) an employee shall be entitled to one additional day as a holiday (picnic day) in each calendar year.  Such additional holiday shall be observed on a day agreed to by the majority of employees in a quarry and Boral.  Should no agreement be reached for the additional holiday (picnic day), such day shall be taken on the first Monday in December.  The additional holiday is not cumulative and must be taken within each calendar year.

 

(3)        Where an employee is absent from employment on the working day before or the working day after a holiday, without reasonable excuse or without the consent of Boral, the employee shall not be entitled to payment for such holiday.

 

(4)        For work done on any of the holidays, referred to in sub-clause (1) of this clause, double time and one-half shall be paid with a minimum payment for four hours' work.

 

For work done on a Sunday double time with a minimum payment for four hours' work shall be paid.

 

4.7  (Overtime)

 

(1)        Payment for Working Overtime - For all work done outside of and/or in excess of ordinary hours the rate of pay shall be time and one-half for the first two hours and double time thereafter; such double time to continue until the completion of the overtime work.

 

Except as provided in this sub-clause (2), hereof, in computing overtime each day's work shall stand alone.

 

The hourly rate, when computing overtime shall be determined by dividing the appropriate weekly rate by 38.

 

(2)        Rest Period After Overtime - When overtime work is necessary it shall wherever reasonably practicable, be so arranged that the employees have at least ten consecutive hours off duty between the work of successive days.

 

An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least ten consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If on the instruction of their Company such an employee resumes or continues work without having had such ten consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

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

 

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

 

(b)        Where a shift worker does not report for duty; or

 

(c)        Where a shift is worked by arrangement between the employees themselves.

 

(3)        Call Back and Standing by - An employee recalled to work overtime after leaving Boral's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work or where the employee has been paid for standing shall be paid for a minimum of three hours' work at the appropriate rate for each time they are recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work for the full three or four hours as the case may be if the job they were recalled to perform is completed within a shorter period.  This sub-clause shall not apply in cases where it is customary for an employee to return to Boral's premises to perform a specific job outside their ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

Overtime worked in the circumstances specified in this sub-clause shall not be regarded as overtime for the purpose of sub-clause (4) of this clause when the actual time worked is less than three hours on such recall or on each of such recalls.

 

Subject to any custom now prevailing under which an employee is required regularly to hold themself in readiness for a call back an employee required to hold himself in readiness to work after ordinary hours shall, until released, be paid standing-by time at ordinary rates from the time from which they are to hold themself in readiness.

 

(4)        Cribs

 

(a)        An employee who is required to work overtime for 2 hours or more after the normal ceasing time shall be allowed, at the expiration of the said 2 hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every 4 hours of overtime worked.  Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.

 

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

 

(5)

 

(a)        Meal Allowance:  An employee required to work overtime for more than one and a half hours after the ordinary ceasing time on any day without being notified on the previous day or earlier shall be provided with a meal or paid the amount set out in Item 11 of Table 2 of Part B for such meal, and the amount set out in Item 11 of Table 2 of Part B for each subsequent meal after such further four hours overtime; provided that an employee shall have the option of returning home for a meal in which case the employee shall not be entitled to payment of a meal allowance.

 

(b)        Despite paragraph 5(a) above, employees who are employed by Boral prior to 17 November, 1996 and are required to work at Boral’s Kiama quarry site shall receive the meal allowances above even if they have been notified on the previous day or earlier of the need to  work overtime.

 

(c)        An employee who has been notified of the intention to work overtime but who is not called upon to work such overtime shall be paid an amount as set out in Item 12 of Table 2 of Part B.

 

(6)        Saturday Work - An employee required to work overtime on a Saturday shall be afforded at least four hours' work or paid for four hours at the appropriate rate except where such overtime is continuous with ordinary time, or overtime commenced on the previous day.

 

(7)        Requirements to Work Reasonable Overtime

 

Boral may require any employee to work reasonable overtime.

 

PART 5

 

LEAVE ETC

 

5.1.  (Annual Leave)

 

(1)        Employees other than seven-day shift workers, see Annual Holidays Act, 1944.

 

(2)        In addition to the leave provided for by sub-clause (1) of this clause, seven-day shift workers, who are rostered to work regularly on Sundays and holidays, shall be allowed an additional one week's leave; provided that if during the year of employment an employee has served for only a portion of it as a seven-day shift worker the additional leave shall be one day for every thirty-six ordinary shifts worked as a seven-day shift worker.

 

In this sub-clause reference to one week and one day shall include holidays and non-working days.

 

5.2  (Annual Leave Loading)

 

(1)        In this clause the Annual Holidays Act, 1944, is referred to as "The Act".

 

(2)        Before an employee is given and takes their annual leave or, where by agreement between Boral and employee the annual leave is given and taken in more than one separate period, then before each of such separate periods, Boral shall pay the employee a loading determined in accordance with this clause.  (note: the obligation to pay in advance does not apply where an employee takes an annual leave wholly or partly in advance).

 

(3)        The loading is payable in addition to the pay for the period of leave given and taken and due to the employee under the Act and this award.

 

(4)        The loading is to be calculated in relation to any period of annual leave to which the employee becomes entitled under the Act and this award, or, where such  leave is given in separate periods, then in relation to each period.

 

(5)        The loading is the amount payable for the period or the separate period, as the case may be, stated in sub-clause (4) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing annual leave, excluding any other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by this award.

 

(6)        No loading is payable to an employee who takes annual leave wholly or partly in advance; provided that, if the employment of such an employee continues until the day when they would have become entitled under the Act to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with sub-clause (5) of this clause applying the award rates of wages payable on that day.

 

(7)        Where, in accordance with the Act, Boral's establishment or part of it is temporarily closed down for the purpose of giving annual leave or leave without pay to the employees concerned:

 

(a)        An employee who is entitled under the Act to annual leave and who is given and takes such leave shall be paid the loading calculated in accordance with sub-clause (5) of this clause;

 

(b)        An employee who is not entitled under the Act to annual leave and who is given and takes leave without pay shall be paid in addition to the amount payable to them under the Act, such proportion of the loading that would have been payable to them under this clause if they had become entitled to an annual holiday prior to the close-down as their qualifying period of employment in completed weeks bears to 52.

 

(8)

 

(a)        Where the employment of an employee is terminate for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave to which they became entitled, they shall be paid a loading calculated in accordance with sub-clause (6) for the period not taken.

 

(b)        Except as provided by provision (a) of this sub-clause, no loading is payable on the termination of an employee's employment.

 

(9)        This clause extends to an employee who is given and takes annual leave and who would have worked as a shift worker if they had not been on leave; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and/or weekend penalty rates for the ordinary time (not including time on a public holiday) which the employee would have worked during the period of the leave exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

5.3  (Long Service Leave)

 

(1)        See Long Service Leave Act, 1955 as amended.

 

5.4  Parental Leave

 

See the Industrial Relations Act, 1996

 

5.5  (Bereavement Leave)

 

(1)        An employee on weekly hiring shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on production of satisfactory evidence of the death of the employee's husband, wife, father, mother's brother, sister, child, stepchild, grandparents or parents-in-law.

 

For the purposes of his sub-clause the words "wife". "husband", shall include de facto wife or husband and the words "father" and "mother" shall include foster-father or mother and stepfather or mother.

 

5.6  (Jury Service)

 

(1)        An employee on weekly hiring required to attend for jury service during their ordinary working hours shall be reimbursed by Boral an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages they would have received in respect of the ordinary time they would have worked had they not been on jury service.

 

(2)        An employee shall notify Boral as soon as possible of the date upon which they are required to attend for jury service. Further, the employee shall give Boral proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

5.7  (Sick Leave)

 

(1)        Weekly employees shall, subject to the production of a medical certificate or other evidence satisfactory to Boral (which may, include a statutory declaration) be entitled to ten days' sick leave during the first and subsequent years of service on full pay: provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence of an employee in any year.

 

(2)        The employee shall, unless it is not reasonably practicable to do so (proof whereof shall be on the employee) make every effort to notify Boral of their absence prior to their normal starting time on the same day of their absence, but in any circumstances within 24 hours of their normal starting time.

 

(3)        The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by Boral until the employee completes such three months of employment at which time the payment shall be made.

 

(4)        An employee shall not be entitled to sick leave for any period in respect of which such employee is entitled to workers' compensation

 

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

 

(6)        If an award holiday occurs during an employee's absence on sick leave then such award holiday shall not be counted as sick leave.

 

(7)        Service with Boral before the date of coming into force of his award shall be counted as service for the purpose of qualifying thereunder.

 

(8)        Where an employee is ill or incapacitated, within the meaning of this clause, on their rostered day or shift off, they shall not be entitled to sick pay on that day nor shall their sick leave entitlement be reduced as a result of such illness or incapacity.

 

5.8  (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), 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 5.7, 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 either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under  this subclause where another  person has taken leave to care for the same person.

 

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

 

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

 

(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 one 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 Boral 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 Boral 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 Boral, 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 Boral, subject to the Annual  Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or  times agreed by the parties.

 

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

 

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

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of Boral, to take time off in lieu of payment for overtime at a time or times agreed with Boral 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 Boral, 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 Boral, 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 Boral, to take a rostered day off at any time.

 

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

 

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

 

(d)        This subclause is subject to Boral 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.

 

PART 6

 

MISCELLANEOUS ETC

 

6.1  (Delegates)

 

(1)        An employee appointed Delegate in a quarry in which they are employed shall upon notification thereof to Boral, be recognised as the accredited representative of the Union to which they belong.  An accredited Delegate shall be allowed reasonable time during working hours to interview Boral or their representative on matters affecting employees whom they represent.

 

(2)        Subject to the prior approval of Boral an accredited Delegate shall be allowed a reasonable period of time during working hours to interview a duly accredited Union Official of the Union to which they belong on legitimate Union business.

 

(3)        Notice Board:  Boral shall permit a notice board of reasonable dimensions to be erected in a prominent position in the quarry so that it will be reasonably accessible to all employees working under the award.

 

Accredited Union representatives shall be permitted to put on the notice board or boards Union notices, signed or countersigned by the representative posting it.  Any notice posted on such board not so signed or countersigned may be removed by an accredited Union representative or by Boral.

 

6.2  (Protective Clothing)

 

(1)        Each employee shall be provided with two (2) pairs of appropriate overalls or trouser/shirt or short/shirt combinations per annum free of charge.

 

(2)        Each employee shall be provided with a maximum of two (2) pairs of safety boots/shoes per annum on a one pair for one pair replacement basis.

 

(3)        Any other article of protective clothing that is required shall be provided by Boral and shall be worn.

 

(4)        The articles so supplied in (1), (2) and (3) above shall remain the property of Boral.

 

6.3  (Personal Protective Equipment)

 

(1)        All personal protective equipment that is required shall be provided by Boral and shall be worn.

 

(2)        All articles of personal protective equipment shall remain the property of Boral.

 

(3)        Boral shall replace such articles, when, in the opinion of Boral, they are no longer in a serviceable condition, but no employee shall be entitled to a replacement unless they return the corresponding article issued to them or if the article is lost or misplaced by the employee to whom it was issued, they shall pay a reasonable price for the article.

 

6.4 - (Right of Entry)

 

(1)        The right of entry to a workplace by an officer of an authorised industrial organisation of employees shall be in accordance with the provisions of the Industrial Relations Act 1996.

 

6.5 - (Meal Rooms)

 

(1)        Boral shall supply suitable shelter for meals and boiling water for employees at the commencement of each meal and/or rest break.

 

(2)        Such meal rooms shall be equipped as follows:

 

flyscreen doors,

 

refrigerator,

 

heater for food,

 

electric light,

 

adequate table and seating accommodation

 

and washing-up facilities, and

 

A reasonable supply of tea, coffee, milk and sugar.

 

6.6  (Change Rooms and Conveniences)

 

(1)        A change room for employees shall be provided at each quarry.  Where practicable it shall be equipped with showers and wash-basins.

 

(2)        Such change rooms shall be used exclusively for the purpose for which they are provided.

 

(3)        Boral shall install fly-proof sanitary conveniences, one seat to every ten employees and each seat to be partitioned off, in all quarries and shall maintain these conveniences in a clean condition.  Sufficient covering to ensure decency and provide shade and protection from the weather shall be provided.  Sanitary conveniences shall be sewered, where practicable.

 

On dredges, septic toilets shall be provided where practical.

 

Such sanitary accommodation shall be situated as to preclude possibility of contamination of the water supply and/or foodstuffs of the employees.  Provision shall be made for the effluent from meal rooms and showers to be carried away and dispersed in such a way to avoid any risk to health. Boral shall also supply sufficient and proper material to keep the sanitary accommodations innocuous.

 

6.7  (Miscellaneous Provisions)

 

(1)        Damage to clothing, spectacles, hearing aids and tools - compensation to the extent of the damage sustained shall be made where in the course of the work clothing, spectacles, hearing aids or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances.  Provided that Boral's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties: provided further, that this paragraph shall not apply when an employee is entitled to workers' compensation in respect of the damage.

 

(2)        Case hardened prescription lenses - Boral who requires an employee to have their prescription lenses case hardened shall pay for the cost of such case hardening.

 

6.8  (Best Person for the Job)

 

To avoid any doubt and despite anything else in this award, Boral may offer employment to such persons as Boral determine to be the best for the job using a merit based process.

 

6.9  (Top Up Labour)

 

To avoid any doubt and despite anything else in this award, top up labour, whether directly employed by Boral as casual employees or provided by a labour agency will be used by Boral as it determines appropriate to operate the quarry.

 

6.10  (Leave Reserved)

 

Leave is reserved to both parties to apply as they see fit in relation to the classification structure in clause 3.1.

 

Leave is reserved to the Union to apply as it sees fit in relation to salary sacrifice for superannuation.

 

PART B

 

Part 7

 

Table 1 - Monetary Amounts

 

 

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

 

 

Table.  2 - Other Rates and Allowances

 

 

SCHEDULE A

 

‘WAGES SACRIFICE’ ELECTION FORM

 

Pursuant to clause 3.7 of the Boral Dunmore Quarry (State) Award an employee may elect to forgo part of their weekly ordinary time rate of pay in return for increased employer funded superannuation to an equivalent amount.

 

Having taken my own independent financial and taxation advice on the matter, I [insert employee name] classified on Level [insert level] elect in accordance with clause 3.7 of the Boral Dunmore Quarry (State) Award to forgo the amount circled in the table below in return for increased employer funded superannuation contributions equal to this amount.

 

On and from 1 April 2005

 

Classification	No Election	1% Election	3% Election	5% Election	7% Election	10% Election	15% Election	20% Election
$	$	$	$	$	$	$	$	$
Operator 1	674.11	667.37	653.89	640.40	626.92	606.70	572.99	539.29
Operator 2	752.22	744.70	729.65	714.61	699.56	677.00	639.39	601.78
Operator 3	780.60	772.79	757.18	741.57	725.96	702.54	663.51	624.48
Operator 4	801.79	793.77	777.74	761.70	745.66	721.61	681.52	641.43
Operator 5	823.16	814.93	798.47	782.00	765.54	740.84	699.69	658.53
Operator 6	851.48	842.97	825.94	808.91	791.88	766.33	723.76	681.18
Trades 1	815.95	807.79	791.47	775.15	758.83	734.36	693.56	652.76
Trades 2	886.90	878.03	860.29	842.56	824.82	798.21	753.87	709.52
Trades 3	915.22	906.07	887.76	869.46	851.15	823.70	777.94	732.18
Trades 4	936.60	927.23	908.50	889.77	871.04	842.94	796.11	749.28
Trades 5	957.97	948.39	929.23	910.07	890.91	862.17	814.27	766.38

 

On and from 1 April 2006

 

 

On and from 1 April 2007

 

 

On and from 1 April 2008

 

 

In making this election, the elected percentage when added to the minimum Superannuation Guarantee Contribution does not exceed the age-based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).

 

Notation:

 

For the 2004/2005 tax year these were:

 

 

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

 

Confirmed by Boral [insert name] .........................................

 

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

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.