Transfield Services (Australia)
Pty Ltd (Port Kembla Steelworks) Maintenance Award 2006 - 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Erratum to Serial C4350 published 24 March 2006
(358 I.G. 322)
(No. IRC 234 of 2006)
ERRATUM
1. Delete the
award published 24 March 2006 (358 I.G. 322) and substitute the following:
TRANSFIELD SERVICES (AUSTRALIA) PTY LTD (PORT KEMBLA STEELWORKS)
MAINTENANCE AWARD 2006 - 2009
INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
Notification by Transfield
Services (Australia) Pty Limited.
(No. IRC 234 of 2006)
|
Before Commissioner
Connor
|
28 February 2006
|
AWARD
1. Title
This Award shall be known as the Transfield Services (Australia)
Pty Limited (Port Kembla Steelworks) Maintenance Award 2006-2009.
2. Index
Clause No. Subject Matter
1. Title
2. Index
3. Application
and Parties Bound
4. Terms of
Award
5. Objectives
of Award
6. Intent
7. Performance
Initiatives
8. Contract
of Employment
9. Wages and
Allowances
10. Working
Arrangements
11. Meal
Breaks
12. Annual
Leave
13. Public
Holidays
14. Long
Service Leave
15. Personal
Leave
16. Parental
Leave
17. Jury
Service
18. Union
Membership and Elected Delegates
19. Trade Union
Training
20. Clothing
and Personal Protective Equipment
21. Superannuation
22. Income
Protection Insurance
23. Notice
Boards
24. Employment
Security
25. Right of
Entry
26. Employee
Entitlements
27. Abandonment
of Employment
28. Blood
Donors
29. Anti Discrimination
and Harassment
30. Duress
31. Transmission
of Business
32. Reserved
Matters
33. Dispute
Avoidance Procedure
34. Disciplinary Protocol
3. Application and
Parties Bound
This Award shall apply to Transfield Services (Australia) Pty
Limited, all its employees employed in the classifications set out in Clause 9
of this Award, who are performing mechanical and electrical maintenance,
modification, shutdown and engineering work at Bluescope Steel Port Kembla
Steelworks and the unions party to this Award.
The Parties to this Award are:
Transfield Services (Australia) Pty Limited (ACN 093
114 553)
The Electrical Trades Union (ETU);
The Australian Manufacturing Workers Union
(A.F.M.E.P.K.I.U.);
Australian Workers Union Port Kembla Branch (AWU); and
Employees of Transfield Services Australia Pty Ltd who
are members or entitled to be members of the organisations detailed above and
are engaged in classifications specified in Clause 9 of this Award.
4. Term of Award
4.1 This Award will
come into operation on 28 February 2006 and shall wholly displace all other
agreements and awards that would otherwise apply. This award rescinds and replaces the Transfield
Services (Australia) Pty Ltd (Port Kembla Steelworks) Maintenance Award 2001 published 17 June 2005
(351 I.G. 919). The Award shall remain in place to 28 February 2009.
4.2 The Parties
agree to commence negotiations for a successor Award three (3) months prior to
28 February 2009.
4.3 The Parties to
this Award shall not pursue any extra claims as per the period nominated in
Clause 4.1. & 4.2.
5. Objectives of
Award
The objectives of this Award are to:
Enable the company to perform work in the area covered
by the Agreement in a productive, efficient and orderly way, and
Provide appropriate remuneration and conditions of
employment for employees working under the terms of the Agreement.
Encourage employees to work in a productive, efficient,
flexible and safe way in accordance with their full skill and competence to
meet the requirements of the employer and its client.
6. Intent
The intent of this Award to create an environment that
enables employees to work together in a cooperative manner.
7. Performance
Initiatives
The Parties recognise the financial performance of the
Company and their respective futures, prosperity and employment security are
inextricably linked. There are a range of issues that represent opportunities
to enhance the Company’s performance in the areas of health and safety, Company
and employee relationships, learning and development, quality, productivity,
efficiency, flexibility, cost effectiveness and achievement of contractual
Performance Targets.
7.1 Continuous
Improvement and Innovation
The Parties to this Award are committed to the
philosophy of continuous improvement and innovation through effective people
and business management. Employees will be encouraged to contribute not only
through effort but also through good ideas. We will also promote the concept of
employees challenging decisions where there maybe better ways of doing things.
7.2 Occupational
Health and Safety
This clause is to be read in conjunction with the
OH&S Act 2000 (NSW).
The parties to this agreement abhor the loss of life,
sickness and disability caused at work. The parties agree to the establishment
of health and safety committees in each workplace and the recognition of rights
and training for health and safety representatives.
The parties are committed to pursuing the best means of
safeguarding and improving the working life and health of employees.
The employer may, from time to time, issue regulations
designed to increase safe working practices and conditions. On a variety of projects and sites where the
employer undertakes work and regulations and the policies and practices of the
employer are in force concerning safety restrictions, it is an express
condition of employment of all employees covered by this Award that such
regulations as are issued from time to time will be strictly observed. It is recognised by the parties to this
Agreement that failure to observe these regulations can be grounds for instant
dismissal. It shall be the duty of the
employers to ensure that each employee is made aware of the regulations in
force on the project or site on which such employee works. Employees will assist contractors in the
implementation of safety programs, which are based on continuous improvement.
7.3 Consultative
Committee
The parties agree to establish a consultative committee
to assist the parties improve productivity, efficiency and to provide for the
effective involvement of employees in the decision making process. The committee will consist of an equal
number of company and union representatives and the parties will work to set up
their own charter on establishment.
The objectives of the committee are to investigate,
determine, and make recommendations on matters including but not limited to:
(i) Introduction
of new technology
(ii) Changes to
work organisation
(iii) Expansion and
investment
(iv) Quality
(v) Productivity
improvement
(vi) new management
practices
Union representatives will have an open invitation to
participate in the committee and will have adequate time and access to the
employees they represent:
(i) prior to the
Committee meetings to prepare for agenda items
(ii) Following
Committee meetings to report back, when necessary, on issues discussed.
Committee members will be provided with all relevant information
and access to documentation and data pertaining to the subject matter in order
to assist the consultative process, except where the company is unable to do so
for privacy or confidentiality reasons.
7.4 Apprenticeships
The Company supports the philosophy of apprenticeships.
This is seen as an investment for the future. It benefits the apprentice, the
community and the business. It is the intent of the Parties to pursue the
introduction of an Apprenticeship program involving Transfield Services.
7.5 Equal
Employment Opportunity
The Parties agree to comply with and promote the
principles of equal opportunity legislation.
8. Contract of
Employment
The Parties to this Award are committed to the philosophy of
full time employment, but also recognise that to be competitive alternative
work arrangements will be required. Casual, part time and fixed term employees
will be balanced with the needs of the Business. In short term situations such
as shut downs, specialised work, and emergency work, alternative employment
arrangements will be introduced.
8.1 Nature of
Employment
Employment may be casual, part-time, full-time, or
fixed term as is specified in the formal Letter of Offer of Employment.
Employees shall perform work according to the following conditions:
By arrangement, employees shall work the ordinary
working hours according to the work roster as the business needs may require
from time to time as identified in Clause 10 of this Award.
Employees are expected to work reasonable overtime as
required by the Company in addition to the rostered ordinary working hours.
Employees must use such protective clothing and
equipment provided by the Company for specific circumstances.
Employees must comply with safety requirements of the
Company.
8.2 Types of
employment
8.2.1 Full Time
Employment
An employee who has not been specifically employed on a
part time or casual basis shall be deemed to be employed full time. Transfield Services
shall not contract outside of this Award. In other words there will be no other
forms of employment for employees bound by this Award except for those
contained within Clause 8 of this Award (eg. no individual contracts,
Australian Workplace Agreements or Prescribed Payment Systems).
8.2.2 Fixed Term
Employment
The introduction of fixed term employment may be agreed
between the parties to suit the circumstances of the business.
8.2.3 Part Time
Employment
By mutual agreement between the Parties, an employee
who is employed on a part-time basis shall be offered a fixed number of hours
of not less than 12 hours in any one week period, and not more than 37.5 hours
in a one week period, as agreed and confirmed in writing at the time of
engagement or as varied by consent thereafter. A part time employee shall be
entitled to all leave benefits contained in this Award on a pro‑rata
basis. The hourly rate for a part time employee shall be calculated by
reference to the applicable hourly rate contained in Clause 9 of the Award.
8.2.4 Casual
Employment
A casual employee is one engaged for a minimum period
of one (1) day and paid as such. A
minimum of four (4) hours per day will apply where work is not available due to
reasons beyond the control of the employer. The engagement of a casual may be
terminated at any time upon one hours notice or by payment in lieu. Employees
engaged as casuals for a continuous period of six (6) weeks will be entitled to
full time employment and shall be advised in writing of such by the Company. A
casual employee shall not be employed for more than six (6) weeks continuously.
Consultation and agreement may extend this period of engagement with employee
representatives.
Casual employees working ordinary time shall be paid
1/38th of the weekly wage, prescribed in Clause 9 of the Award, for each hour
worked. A casual employee shall not be entitled to any leave, public holidays,
notice or severance benefits contained in this Agreement but shall receive in
lieu a loading of 25% of the ordinary rate of pay.
Unless there is an agreement between the parties,
casual employees will only be employed when unplanned, unexpected changes in
the workload or planned peak requirements require a short-term increase in the
number of employees.
8.3 Apprentices
Where apprentices are employed directly by the Company,
then the conditions of this Award shall apply except for remuneration, which is
specified as a percentage of the trade rate at 100%. The specific percentages
to apply are as follows:
|
First Year Apprentice
|
42%
|
|
Second Year Apprentice
|
55%
|
|
Third Year Apprentice
|
75%
|
|
Fourth Year Apprentice
|
88%
|
Where the Company employs a new 'adult employee
apprentice' (21 years of age or more), then that employee shall be remunerated
at the 85% wage rate of a trades person for the term of the apprenticeship
until overtaken by the Apprenticeship rate.
For existing adult employees who through Company
approval undertake an adult apprenticeship will be paid at their current
classification rate.
8.4 Probation
The continued employment of full time and part time new
employees (other than a casual employee) will be subject to the satisfactory
completion of three months on the job probationary
period. During that time, probationary employees shall be provided with
feedback on a monthly basis as how they are performing. At the conclusion of
the probationary period the Company shall either confirm the employee's
continued employment or terminate the employment of the employee in
consultation with the work team. Provided that during the probationary period
the employment of a probationary employee may be terminated by either party on
the giving of notice of one week.
8.5 Performance of
Duties
Transfield Services may direct an employee to carry out
such duties as are within the limits of the employee's skill, competence and
training consistent with the classification structure of this Award provided
that such duties are not designed to promote de‑skilling, and payment
will be in accordance with the classification structure.
8.6 Absence
without Pay
Any employee not attending for duty shall not be paid
for the actual time of such absence unless the absence is in accordance with
paid leave contained in this Award and has been authorised.
8.7 Termination of
Employment
Notice for termination or dismissal of employment will
be in accordance with the following:
|
Period of
Continuous Service
|
Notice Period
|
|
More than 1 month but less than 1 year
|
At least 1 week
|
|
More than 1 year but no more than 3 years
|
At least 2 weeks
|
|
More than 3 years but no more than 5 years
|
At least 3 weeks
|
|
More than 5 years
|
At least 4 weeks
|
Note:
Payment in lieu of notice shall be made if the
appropriate notice period is not given. The notice of termination required to
be given by an employee shall be the same as that required of an employer. By
mutual agreement, the parties may enter into an arrangement that suits either
party with a minimum notice period of not less than one (1) week. An employee
required to work during their notice period shall have that amount deducted
whilst not at work during the notice period as required by the Company. (Notice
period is increased by one week if an employee is over 45 years of age, subject
to having completed at least two (2) years continuous service with the
employer.
Transfield Services has the right to dismiss an
employee without notice for gross misconduct on the employee's part, which
justifies summary dismissal.
In the event of summary dismissal, payment will be made
up to the time of dismissal only. For example, theft of company property,
violence against an employee or employer, vandalism or destruction of company
property or other such matters warranting instant dismissal
8.8 Redundancy
Provisions
Redundancy means when a position is surplus to the
needs of the Business, and where there is no alternative employment for the
person/s occupying that position/s. Employees who choose to terminate their
employment are not eligible for Redundancy and summary dismissal does not
entitle employees to a Redundancy payment. The following provisions shall
apply:
|
|
Redundancy Pay
|
|
Period of Continuous Service
|
Employee is under
45
|
Employee is 45
Years
|
|
|
Years of Age
|
or More
|
|
Less than 1 year
|
Nil
|
Nil
|
|
At the completion of one (1) year
|
4 Weeks
|
5 Weeks
|
|
At the completion of two (2) years
|
7 Weeks
|
8.75 Weeks
|
|
At the completion of three (3) years
|
10 Weeks
|
12.5 Weeks
|
|
At the completion of four (4) years
|
12 Weeks
|
15 Weeks
|
|
At the completion of five (5) years
|
14 Weeks
|
17.5 Weeks
|
|
At the completion of six (6) years or more
|
16 Weeks
|
20 Weeks
|
8.9 Recovery of
Monies Owed
It is agreed that in the event of an employee's
employment being terminated for any reason, any monies advanced to the employee
by Transfield Services shall be recovered by the Company from any accrued
entitlements owing to the employee and in accordance with the law.
8.10 Stand Downs
The Company is entitled to deduct payment for any day
on which an employee cannot be usefully employed through any cause which the
employer could not reasonably have prevented such as power and fuel shortages.
8.11 Facilities
Transfield Services shall provide on-site facilities
for its employees. These facilities shall be made available to all employees
and comply with all relevant policies of Transfield Services and prevailing
laws.
8.12 Transport of
Employees
It is a condition of employment that all employees
ensure they transport themselves to and from work. Employees are responsible
for getting to and from work whether by personal or public transport. An
employee without personal transport working overtime without notification on
the previous day, and with no access to public transport, shall be transported
to their place of residence, or to a place where public transport is available.
9. Wages and
Allowances
9.1 An employee's
remuneration shall be as provided for in this Award and notified to prospective
employees in the Letter of Offer of Employment.
9.2 The following
wage rates will be paid (for the performance of a 38-hour week) for the
respective classifications from the first pay period commencing on or after the
specified date.
9.2.1 Classification
Structure ‑ Maintenance Worker (Mw)
|
Classification
|
Current
|
1ST July
|
1st July
|
1st July
|
1st January
|
|
|
|
2006
|
2007
|
2008
|
2009
|
|
|
|
(4.5%)
|
(4%)
|
(2%)
|
(2%)
|
|
|
$
|
$
|
$
|
$
|
$
|
|
MW1
|
825.25
|
862.40
|
896.90
|
914.85
|
933.10
|
|
MW 2
|
873.45
|
912.75
|
949.30
|
968.25
|
987.60
|
|
MW 3
|
920.50
|
961.90
|
1000.40
|
1020.40
|
1040.80
|
|
MW 4
|
973.45
|
1017.30
|
1058.00
|
1079.15
|
1100.75
|
|
MW 5
|
1015.60
|
1061.30
|
1103.75
|
1125.80
|
1148.35
|
|
MW 6
|
1057.75
|
1105.35
|
1149.55
|
1172.55
|
1196.00
|
|
Note: The above rates are inclusive of all allowances, except
a $46.06* per week licence fee for Licensed
|
|
Electrician, Leading Hand Allowance (Clause9.3), Meal
Allowance (Clause 11.3),Dirty Work, Heat
|
|
Money and Power House Allowance (Clause 9.2.4) Confined Space
Allowance (Clause 9.2.3), and a First
|
|
Aid Allowance as specified in Clause (9.2.2).These
allowances will increase in 2005 and 2006 in
|
|
accordance with the percentage wage increases.
|
Electrical Licence
The license allowance is set at $48.13 to reflect a
pre-existing trade relativity on site for maintenance activities. This is an all purpose allowance that will
be amended in line with the percentage wage increases as listed above.
|
Current
|
1/7/06
|
1/7/07
|
1/7/08
|
1/1/09
|
|
|
(4.5%)
|
(4%)
|
(2%)
|
(2%)
|
|
$48.13
|
$50.30
|
$52.30
|
$53.35
|
$54.40
|
Performance Based Bonus:
In addition to the rates above a performance based payment
bonus system, up to 3% payment for all hours worked (ordinary time plus
overtime) will apply. This payment will
be made on a quarterly basis. Key Performance Indicators that are appropriate
and achievable will determine the performance based payment system.
9.2.2 First Aid
Allowance
An employee who is appointed by the Company to render
first aid, and holds a current recognised and accredited first aid certificate
shall be paid an allowance of $11.30 per week up to 30/6/07 and $11.80
thereafter.
9.2.3 Confined Space
Allowance
A confined space allowance of 63c per hour up to
30/6/07 and 66c per hour thereafter will be paid in the following manner. A "Confined Space", means a
compartment, space or a place the dimensions of which necessitate an employee
working in a stooped or otherwise cramped position or without proper
ventilation and subject thereto includes such a space -
a) In the case of
locomotives inside the barrels of boilers, fire boxes, water spaces of tenders, side tanks, bunker tanks,
saddle tanks or smoke boxes
b) In other cases
inside boilers, steam drums, mud drums, fire boxes or vertical or road vehicle
boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, super
heaters or economisers.
9.2.4 Dirty Work and
Powerhouse Allowance
Employees engaged in an unusually dirty or offensive
capacity will be paid 43c per hour up to 30/6/07 and 45c per hour
thereafter. For this allowance to apply
the parties will finalise a document under which this allowance will apply having
regard to previous site application.
Heat Money will apply when work is performed in places
where the temperature is raised by artificial means above 49 degrees Celsius.
Employees whilst so engaged on work will receive an additional amount of 43c up to 30/6/07 and 45c per hour thereafter.
Employees working and carrying out repairs or
maintenance in rotary converter and/or static substations which are in regular
operation will be paid a Powerhouse Allowance for all hours worked up to
30/6/07 of 63c per hour up to 30/6/07
and 66c per hour thereafter.
9.2.5 All Other
Allowances
The rates of pay as per the Classification Structure
are inclusive of all other allowances except for the Electrical Licence (Clause
9.2.1), First Aid Allowance (Clause 9.2.2), Confined Space Allowance (Clause
9.2.3), Dirty Work Allowance (Clause 9.2.4) and Leading Hand Allowance (Clause
9.3). The rates of pay (Clause 9.2.1) includes but is not limited to the
following allowances:
Supplementary Payment
Special Allowance
Industry Allowance
AIS Allowance
Tool Allowance
9.2.6 Classification
Descriptions
The following classification structure is to be applied
to employees for skills acquired and utilized.
Maintenance Worker 1 (MW1)
This band includes Trade Assistants and other Non-Trade
employees such as Forklift Drivers and Dogmen.
Maintenance Worker 2 (MW2)
This band includes Non Trades employees such as but not
limited to:
Certified Riggers/Scaffolders
Crane Drivers (9t <15t, 16t <40t)
Beltmen
Maintenance Worker 3 (MW3) - 100%
This is the entry band for trades employees such as but
not limited to:
Electrician
Boilermaker
Fitter
Welder (All Certificates)
Machinist
Maintenance Worker 4 (MW4) - 105%
MW4 applies to skills acquired and utilized on the job.
(i) Three
appropriate modules in addition to the training requirements of MW3 level or;
(ii) Three
appropriate modules towards an Advanced Certificate; or
(iii) Three
appropriate modules towards an Associate Diploma; or
(iv) Any training
which a registered provider (eg TAFE) or by a State Training Authority has been
recognised as equivalent to an accredited course which the appropriate industry
board recognises for this level. This
can include advanced standing through recognition of prior learning and/or
overseas qualifications; or
(v) Will have
skills equivalent to the above gained through work experience subject to
competency testing to the prescribed standards.
The following indicative tasks apply to a Tradesperson
at Level MW4.
Exercise the skills attained through completion of the
training/work experience prescribed for this classification;
Exercises discretion within the scope of this grade;
Works under limited supervision either individually or
in a team environment;
Understands and implements quality control techniques;
Provides trade guidance and assistance as part of a
work team;
Exercise trade skills relevant to the specific requirements
of the enterprise at a level higher than Engineering Construction Tradesperson
Level 1.
Maintenance Worker 5 (MW5) - 110%
MW5 applies to skills acquired and utilized on the job.
Six appropriate modules in addition to the training
requirements of MW3; or
Six appropriate modules towards an Advanced
Certificate; or
Six appropriate modules towards and Associate Diploma;
or
Any training which a registered provider (eg TAFE) or
by State Training Authority has been recognised as equivalent to an accredited
course which the appropriate industry training board recognises for this
level. This can include advanced
standing through recognition of prior learning and/or overseas qualifications;
or
Will have skills equivalent to the above gained through
work experience subject to competence testing to the prescribed standards.
The following indicative tasks apply to a Tradesperson
at Level MW5.
1. Exercise of
skills attained through completion of the training/work experience prescribed
for this classification;
2. Provides trade
guidance and assistance as part of a work team;
3. Assists in the
provision of training in conjunction with supervisors and trainers;
4. Understands
and implements quality control techniques;
5. Works under limited
supervision either individually or in a team environment;
6. Interact with
work groups to ensure job completion to target quality workmanship and guidance
for others.
Exercises precision trade skills using various
materials and/or specialised techniques;
Performs operations on a CAD/CAM terminal in the
performance of routine modifications to the NC/CNC programs;
Installs, repairs and maintains, tests, modifies,
commissions and/or fault finds on complex machinery and equipment which
utilises hydraulic and/or pneumatic principles and in the course of such work,
is required to read and understand hydraulic and pneumatic circuitry which
controls fluid power systems;
Works on complex or intricate circuitry which involves
examining, diagnosing and modifying systems comprising inter-connected
circuits;
Maintenance Worker 6 (MW6) -115%
MW 6 applies to skills acquired and utilized on the
job.
(i) nine
appropriate modules in addition to the training requirements of MW3; or
(ii) nine
appropriate modules towards an Advanced Certificate; or
(iii) nine
appropriate modules towards and Associate Diploma; or
(iv) any training
which a registered provider (eg TAFE) or by State Training Authority has been
recognised as equivalent to an accredited course which the appropriate industry
training board recognises for this level.
This can include advanced standing through recognition of prior learning
and/or overseas qualifications; or
(v) will have
skills equivalent to the above gained through work experience subject to
competence testing to the prescribed standards.
The following indicative tasks apply to a Tradesperson
at Level MW6.
1. Exercise the
skills attained through completion of the training/work experience prescribed
for this classification;
2. Exercise
discretion within their level of training;
3. Is able to
provide trade guidance and assistance as part of a work team;
4. Provides
training in conjunction with supervisors and trainers;
5. Understands
and implements quality control techniques;
6. Works under
limited supervision either individually or in a team environment;
7. Can schedule
and coordinate maintenance work for teams including down day programme
development and execution for a maintenance task team.
Exercise high Precision Trade Skills using various
materials and/or specialised techniques;
Works on machines or equipment which utilise complex
mechanic or hydraulic and/or pneumatic circuitry and controls or a combination
thereof;
Works on machinery or equipment which utilise complex
electrical/electronic circuitry and controls;
Works on instruments which make up complex control
system which utilises some combination of electrical/electronic mechanical or
fluid power principles;
Applies advanced computer numerical control techniques
in machining or cutting or welding or fabrication;
Exercise intermediate CAD/CAM skills in the performance
of routine modification to programs;
Working on complex or intricate interconnected
electrical circuits at a level above MW5;
Working on complex radio/communication equipment.
9.3 A Leading Hand
rate (all purpose) shall be paid as follows:
The following payment is an allowance only paid whilst
an employee has been selected as a Leading Hand.
|
|
Up to 30/6/07
|
From 1/7/07
|
|
Leading Hand
|
$43.70 per week
|
$45.65 per week
|
|
Relief Leading Hand
|
$8.74 per shift
|
$9.13 per shift
|
Leading Hands whilst in the role shall have the Leading
Hand rate recognised on a pro‑rata basis when calculating service
entitlements.
9.3.1 A Staff Relief
Allowance (all purpose) will be paid at the rate of MW6 plus $62.70 up to
30/6/07 and MW6 plus $65.21 per week thereafter. Staff relief is defined as a
circumstance where employees are requested to step up to perform the full scope
of the staff position. Guidance for the full scope of the role can be obtained
from the relevant staff member’s position description.
9.4 Mixed
Functions
An employee engaged for more than two (2) hours on any
day or shift carrying a higher rate than their classification shall be paid the
higher rate for such day or shift. If engaged for two (2) hours or less during
one day or shift the higher rate shall be paid for actual time worked.
9.5 Payment of
Wages
All earnings shall be paid to employees by electronic
transfer on a weekly or fortnightly basis into a bank account or other
financial institution nominated by the employee.
Details of payment to employees on pay slips shall
contain the following information:
Name of employee
Classification of the employee and reference number
Date of payment (including period of payment)
Classification rate (hourly)
Hours of work (normal and overtime)
Allowances
Deductions (such as union, salary sacrifice)
Annual Leave balance of hours
Special Payments (such as Annual Leave Payment)
Long Service Leave payments
9.6 Payment on
Termination
Upon termination of employment, wages due to an
employee shall be paid on the day of such termination, or forwarded to them by
post or electronic fund transfer on the next working day.
9.7 Waiting Time
An employee kept waiting for his/her wages on site on
pay day, for other than circumstances beyond the control of the employer, for more
than a quarter of an hour after the usual time of ceasing work shall be paid
overtime rates after the quarter hour with a minimum of a quarter per hour
payment.
10. Working
Arrangements
10.1 Hours of work
The ordinary hours of work shall be 38 hours per week
which will generally be worked in 8.0 hour days between 0600 (6.00 am) and 1800
(6:00pm) hours, Monday to Friday. The ordinary hours of work may also be worked
in other configurations as mutually agreed between the employees concerned and
Transfield Services subject to work patterns meeting the Company's operational
requirements and the needs of the business.
Where there is a need to vary the pattern of working
the ordinary hours of work, the Company and the work team shall consult on the
variation. Failing agreement, the Company shall give that work team and/or
individual employees concerned two days’ (48 hours) notice of the variation.
By agreement between the parties, the actual start and
finish time of hours may be varied either way by one hour.
Provided that, where the employer and the majority of
employees concerned agree, a roster system may operate on the basis that the
weekly average of 38 ordinary hours is achieved over a period, which exceeds 28
consecutive days.
10.1.1 Extensive Hours
of Work
The Parties recognise that long working days on a
regular basis may not be conducive to a safe, healthy and productive work
environment. Where hours on any day worked exceed twelve consecutive hours they
shall be subject to:
Working within the Occupational Health and Safety
Guidelines of the ACTU Code of Conduct regarding twelve (12) hour shifts
Proper health monitoring procedures being adopted
Suitable roster arrangements
Effective support from management
10.1.2 Daylight Saving
When daylight saving comes into effect or is
discontinued, employees shall be paid by the time of the clock at the
commencement and conclusion of their shifts. Night shift employees who are at
work when the clocks are altered will either work one hour longer for no
additional pay or one hour less for the same pay dependant on an increase or
decrease of hours required due to payment by the clock.
10.2 Shift Work
"Shift Work" means shift work scheduled for
five consecutive workdays or more, Monday to Friday inclusive.
The Company through consultation with work teams can
direct employees to work shift work as required, and the employees shall work
the shift work as directed. The time of commencing and finishing shifts once
having been determined may be varied by agreement between the Company and the
majority of employees concerned to suit the business or, in the absence of
agreement, by 48 hours notice of alteration given by the Company to the
employees.
Where shifts fall partly on separate days, the day that
has the major portion of the shift shall be recognised as the day for roster
arrangements. Where shifts fall partly on a holiday, the shift that has the
major portion falling on the public holiday shall be regarded as the holiday
shift.
10.2.1 Afternoon Shift
"Afternoon" Shift means any shift finishing
after 6.00pm and at or before midnight. Employees working on afternoon shift
shall be paid a loading of 50% calculated on the employee’s base rate of pay
for ordinary hours only.
10.2.2 Night Shift
"Night Shift" means any shift finishing
subsequent to midnight and or before 8.00am. Employees working on night shift
shall be paid a loading of 50% calculated on the employee's base rate of pay
for ordinary hours only.
10.2.3 Rostered Shift
A "Rostered Shift" means a shift of which the
employee concerned has had at least 48 hours notice, or has otherwise agreed to
work.
10.2.4 Shift Rosters
Shift rosters shall specify the commencing and
finishing times of ordinary hours of the respective shifts. Where shifts are
broken penalties shall be applied as per overtime entitlements.
10.2.5 Broken Shift
An employee who works on broken shift which does not
continue for at least five (5) successive shifts, hours shall be paid for each shift
50% for the first two hours and 100% for the remaining hours.
10.3 Rotating
Permanent Shift Work
The Parties will discuss, and by mutual agreement shall
develop a criteria and set of conditions for the introduction seven day
Rotating Permanent Shift Work.
10.4 Rostered Break
Between Shifts
When overtime is worked it shall, where ever reasonably
practicable, be so arranged that a employee has at least ten consecutive hours
off duty between the work of successive days. An employee (other than casual
employees) who works so much overtime between the completion of the ordinary
hours worked on any day and the commencement of ordinary hours on the next day
that the employee has 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 and not required to recommence work until the employee has had
ten consecutive hours off duty without loss of pay for ordinary working time
rostered during such absences.
Work performed on Sunday of greater than three hours’
duration will be deemed to be hours worked that require a 10 hour break before
the commencement of ordinary hours work.
If on instructions by the Company, an employee resumes
or continues to work without having had ten (10) consecutive hours off duty,
the employee shall be paid at double time until the employee is released from
duty for such period and the employee shall then be entitled to be absent until
the employee has had ten (10) consecutive hours off duty without loss of pay
for ordinary hours during such absences.
10.5 Overtime
Work performed outside of ordinary hours shall be
deemed to be overtime and paid (excluding shift work) as follows:
Monday to Friday ‑ time and a half for the first
two hours and double time thereafter
Saturday ‑ time and a half for the first two
hours and double time thereafter. Any hours worked after 12 noon on Saturday
will be paid at double time.
Sunday ‑ at double time.
Public Holidays ‑ at double time and a half.
The penalties mentioned above shall be applied to
1/38th of the base weekly rates as defined in Clause 9.
10.5.1 Shift Workers -
Payment for Saturday, Sunday, Public Holidays and Overtime
A shift employee working on a Saturday, Sunday, public
holiday or on overtime will be paid as follows:
Saturday work ‑ time and a half
Sunday work ‑ double time
Public Holiday work ‑ double time and a half
Overtime worked other than Sundays or public holidays ‑
time and a half for first two hours and double time thereafter.
10.6 Rostered Days
Off (RDO)
The ordinary hours of work shall be rostered to provide
employees with one Rostered Day Off per month (normally the fourth Friday in a
four week cycle).
The RDO's may be scheduled as mutually agreed between
the employee and the Area Manager to suit the need of the business. The RDO’s
may also be taken on alternative days by individual agreement for
personal/operational needs. If agreement cannot be reached employees may be
directed to use any day/s of accumulated RDO, provided 48 hours notice is given
to the employee.
RDO's may be accrued to a maximum of five days unless
previously agreed with the Area Manager.
Where an RDO falls on a Public Holiday the next working
day shall be taken as the RDO or may be taken as mutually agreed between the
employee and the Company.
10.7 Call Back
Where an employee is recalled to work after leaving the
workplace the following shall apply:
The employee shall be paid for a minimum of four hours at
the rate of time and half for the first two hours and double time thereafter
(or double-time for the full period for continuous shift workers). (Weekend
call out will be paid at the relevant overtime rate). There are number of
conditions which apply to this provision:
If the employee is recalled on more than one occasion
between the termination of their ordinary work on one day and commencement of
their ordinary hours on the next ordinary working day, the employee shall be
entitled to the four hours minimum overtime payment. However, in such
circumstances it is only the time which is actually worked during previous call
or calls which is to be taken into account when determining the rate for
subsequent calls.
The employee will not be required to work the full four
hours if the job in question is completed within a shorter period.
An employee called in prior to 3.00am will continue to
be paid penalty rates leading into scheduled ordinary hours and for the
duration of the shift, unless the employee is offered the opportunity to go
home for reasons of occupational health and safety, in which case the employee
would be paid at ordinary time to the completion of shift.
Overtime worked in this clause is not to be regarded as
overtime for the purpose of 10.4 rest periods after overtime, when the actual
time worked is less than three hours on the call back or each subsequent call
back.
10.7.1 Breakdown/Callout
Procedure outside of Normal Working Hours
On Friday 28th October 2005 the Parties to this Award
put forward a proposal for endorsement by the employees covered by the Award.
The proposal was titled the:
Breakdown/Callout Procedure outside of Normal Working
Hours
The proposal was endorsed by a valid majority of
employees on the following grounds:
1) That the
procedure as presented to the meeting on 28th October 2005 and subsequently
endorsed by the meeting be tendered before the Commission on 7th November 2005;
2) That the Award
be varied so as to incorporate this facilitative provision (10.7.1) recognising
the abovementioned procedure;
3) That if at any
time during the life of this Award it is necessary for the Parties to vary the
procedure by consent, then any variation/s will only have application after
they have been documented and endorsed by a properly constituted Delegates
meeting and approval has been given by all the Union Organisations party to the
Award; and
4) All employees
covered by the Award receive a copy of the variation of the procedure within
seven (7) days after its approval by all the Organisations.
10.8 Stand By
Where an employee is requested by the Company to
regularly hold himself/herself in readiness to work after ordinary hours, the
employee is to be paid standing by time at the employee's rate of pay for the time
he/she is standing by.
Where an employee is called in to work without prior
notification of having to stand by in readiness to work after ordinary hours, a
stand by payment shall not be made. Payment shall be as per Clause 10.7 (Call
Back).
This provision does not apply to employees in receipt
of the staff relief allowance. Nor does it apply to employees who voluntarily
make themselves available for overtime call outs.
11. Meal Breaks
11.1 A minimum 30
minute unpaid meal break shall be taken at a time convenient to the operations
and the business, as near as practicable to the middle of the day or shift,
respectively. Employees shall be entitled to a paid ten minute morning break
each weekday.
11.2 Employees shall
be paid at overtime rates for all time worked in excess of five hours without
commencing an uninterrupted meal break or crib break due to the requirements of
the employer.
11.3 Employees
required to work more than a 10-hour shift shall be entitled to a 20 minute
crib break and to a further crib break in respect of each completed four hours
of overtime after the initial eight hours (exclusive of the crib break), if
they are to continue work after such four hours. Employees not notified the
previous day shall be paid $10.45 (meal allowance) up to 30/6/07 and $10.90
thereafter to purchase each meal at crib time.
11.4 Employees
required to work overtime not continuous with ordinary hours shall be entitled
to a crib break in respect of each completed four hours of overtime (exclusive
of crib break) if they are to continue after such four hours.
11.5 Employees who
agree not to take a crib break to which they are entitled but continue to work
instead, without taking the crib time of 20 minutes and continuing to work for
a period of two (2) more hours or more, shall be regarded as having worked 20
minutes more than the time worked and paid accordingly.
11.6 The crib break
referred to herein may be taken in relays so as not to have a significant impact on operations and so long
as they do not exceed 20 minutes in duration and shall be paid at ordinary time
rates for the first crib and without deduction of pay thereafter.
11.7 If an employee
has provided a meal or meals on the basis that he or she has been given notice
to work overtime and the employee is not required to work overtime, the
employee shall be paid the prescribed meal allowance if the meal has become
spoilt/surplus.
12. Annual Leave
The provisions of the Annual Leave Act 1944 (NSW)
shall apply.
13. Public Holidays
The following days shall be prescribed public holidays for
the purposes of this Award where days are gazetted by the NSW Government as
substitution or in addition to the following days those days shall apply.
New Years Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queens Birthday
Labour Day
Christmas Day
Boxing Day
Employees will be entitled to a picnic day on a day agreed
by the parties.
14. Long Service
Leave
The provisions of the Long Service Leave Act 1955
(NSW) shall apply.
From the 1st December 2004, the Company will commence
accruing Long Service Leave benefits for employees at the rate of 1.3 weeks’
accrual for each completed year of service thereafter. Any accrual up to and including
30th November 2004 will be the current rate of 0.8667 weeks for each completed
year of service. Entitlements become available in accordance with the Act.
15. Personal Leave
15.1 Amount of Paid
Personal Leave
15.1.1 Paid personal
leave is available to an employee when they are absent:
due to personal illness or injury (sick leave)
for the purposes of caring for an immediate family or
household member who is sick and requires the employee’s care and support
(carer’s leave)
for bereavement on the death of an immediate family or
household member (bereavement leave).
15.1.2 The amount of
personal leave to which an employee is entitled depends on how long they have
worked for the employer and accrues as follows:
|
(i)
|
Length of time worked for the employer
|
Personal Leave
(Hours)
|
|
|
Less than 12 months
|
54
|
|
|
1 year to 5 years
|
76.8
|
|
|
5 years or more
|
92
|
|
(ii)
|
Provided that an employee who normally works 8 or more hours
a day so as to provide a rostered day(s) off in a work cycle in accordance
with clause 6.1.4 is entitled to the following amount of personal leave:
|
|
|
Length of time worked for the employer
|
Personal Leave
(Hours)
|
|
|
Less than 12 months
|
56
|
|
|
12 months to 5 years
|
80
|
|
|
5 years or more
|
96
|
After the first five months of service, an employee
must be paid for any sick leave to which they were not entitled, due to
insufficient service, up to a maximum of 40 hours.
15.2 Accumulation of
Personal Leave
15.2.1 First Year of
Employment
At the end of the first year of employment, unused
personal leave accrues by the lessor of:
38 hours (or 40 hours if the employee normally works 8
or more hours in a day) less the amount of sick leave and carer’s leave taken
during the year;
or the balance of the year’s unused personal leave.
15.2.2 Second and
Subsequent Years of Employment
At the end of the second and subsequent years of employment,
unused personal leave accrues by the lesser of:
60.8 hours moving to 76 hours after five years (or 64
hours, moving to 80 hours after 5 years, if the employee normally works 8 or
more hours in a day) less the amount of sick leave and carer’s leave taken;
or the balance of the year’s unused personal leave.
15.2.3 Maximum Amount
of Accumulated Personal Leave
Personal leave may accumulate to a maximum of 729.6
hours (or 768 hours if the employee normally works 8 or more hours a day).
15.3 Definitions
15.3.1 The term
"immediate family" includes
spouse (including a former spouse, a de facto spouse
and a former de facto spouse means a person of the opposite sex to the employee
who lives with the employee as his or her husband or wife on a bona fide
domestic basis. Spouse for the purpose of this Clause will also include same
sex partners living on a bona fide domestic basis;
and child or an adult (including an adopted child, a
step child or an ex-nuptial child), parent, grandparent, grandchild or sibling
of the employee or spouse of the employee.
15.3.2 Accumulated
Personal Leave is personal leave accumulated under 15.1.2(a) and (b).
15.4 Sick Leave
15.4.1 Entitlement
The amount of personal leave an employee may take as sick
leave hours depends on how long they have worked for the employer and accrues
as set out in the following tables. Accumulated Personal Leave may be used for
sick leave if the current sick leave entitlement is exhausted.
|
Length of time worked with the Employer
|
Rate of accrual of
paid sick leave
|
|
Less than 1 month
|
0
|
|
1 month to less than 2 months
|
8
|
|
2 months to less than 3 months
|
16
|
|
3 months to less than 4 months
|
24
|
|
4 months to less than 5 months
|
32
|
|
5 months to less than 12 months
|
40
|
15.4.2 The Effect of
Workers’ Compensation
If an employee is receiving workers’ compensation
payments, they are not entitled to sick leave.
15.4.3 Employee must
give notice
The employee must, as soon as reasonably practicable
and during the ordinary hours of the first day or shift of such absence, inform
the employer of their inability to attend for duty and as far as practicable
state the nature of the injury or illness and the estimated duration of the
absence.
If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day of such absence, the
employee will inform the employer within 24 hours of such absence.
15.4.4 Evidence
Supporting Claim
The employee must, if required by the employer,
establish by production of a medical certificate or statutory declaration, that
the employee was unable to work because of injury or personal illness.
15.4.5 Single Day
Absences
An employee who has already had two paid sick leave
absences in the year, the duration of each absence being of one day only, is
not entitled to further paid sick leave in that year of a duration of one day
only, without production to the employer of a certificate of a qualified
medical practitioner which states that the employee was unable to attend for
duty on account of personal illness or injury.
An employer may agree to accept a Statutory Declaration
in lieu of the required medical certificate.
Nothing in this subparagraph limits the employer’s
right under 15.4.4
15.4.6 Broken Services
If an employee is terminated by their employer and is
re-engaged by the same employer within a period of six months, other than a
casual basis, then the employee’s unclaimed balance of sick leave shall
continue from the date of re-engagement.
15.5 Bereavement
Leave
15.5.1 Paid Leave
Entitlement
A full time employee is entitled to use up to 16 hours
personal leave as bereavement leave on each occasion and on production of
satisfactory evidence (if required by the employer) of the death of a member of
the employee’s immediate family or household.
15.5.2 Part time
Employees
A part time employee is entitled to take two days, up
to a maximum of 16 hours bereavement leave on the same basis as prescribed for
full time employees in subclause 15.5.1 except that leave is only available
where a part time employee would normally work on either or both of the two
working days following the death.
15.5.3 Unpaid
Bereavement Leave
Where an employee has exhausted all personal leave
entitlements, including accumulated leave entitlements, they are entitled to
take unpaid bereavement leave. The employer and employee should agree on the
length of the unpaid leave. In the
absence of agreement, a full time employee is entitled to take up to 16 hours
unpaid leave, provided the requirements of clause 15.5.1 are met, and a part
time employee is entitled to take up to two days unpaid leave, to a maximum of
16 hours, provided the requirements of clause
15.5.2 are met.
15.6 Carer’s Leave
15.6.1 Paid Leave
Entitlement
An employee is entitled to use up to 40 hours personal
leave each year to care for members of their immediate family or household who
are sick and require care and support. This
entitlement is subject to the employee being responsible for the care and
support of the person concerned. In
normal circumstances an employee is not entitled to take carer’s leave where
another person has taken leave to care for the same person.
15.6.2 Notice Required
(i) When taking
carer’s leave the employee must, as soon as reasonably practicable and during
the ordinary hours of the first day or shift of such absence, inform the
employer of their inability to attend for duty. If it is not reasonably possible to inform the employer during
the ordinary hours of the first day or shift of such absence, the employee will
inform the employer within 24 hours of such absence.
(ii) The notice
must include:
the name of the person requiring care and support and
their relationship to the employee;
the reasons for taking such leave; and
the estimated length of absence.
(iii) The employee
must, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that such
illness requires care by another.
15.6.3 Unpaid Carer’s
Leave
An employee may take unpaid carer’s leave by agreement
with the employer.
Rationale And Structure of The Personal Leave
Provisions
|
First Year Of
Employment
|
|
Amount Of Leave
|
|
5 days sick leave
|
38 hours (i.e. 5 days x 7.6 hours)
|
or 40 hours (ie 5
days x 8
|
|
|
where a 7.6 hour day is worked
|
hours or more are worked
|
|
|
|
per day)
|
|
plus 2 days
|
16 hours
|
16 hours
|
|
Bereavement Leave
|
|
|
|
Total 7 days
|
54 hours
|
or 56 hours
|
|
Personal leave
|
Where a 7.6 hour day is worked
|
where 8 hours or more are
|
|
|
|
worked per day
|
|
Limits on the
Various Types of Personal Leave
|
|
Maximum amount of Personal leave
|
54 hours or 56 hours
|
|
|
(depending upon
the hours of work arrangements in place)
|
|
Maximum amount of Sick leave
|
38 hours or 40 hours
|
|
|
(depending upon
the hours if work arrangements in place)
|
|
Maximum amount of Carer’s leave
|
40 hours
|
|
Maximum amount of Bereavement
|
16 hours per occasion
|
|
leave
|
|
|
Second & Subsequent Years of Employment-Amount of
Leave
|
|
8 days sick leave moving to 10
|
60.8 hours (ie 8 days x 7.6
|
or 64 hours (ie 8
days x 8
|
|
days
|
hours)where a 7.6 hour day is
|
hours or more are worked per
|
|
|
worked, moving to 76 hours
|
day), moving to 80 hours after
|
|
|
after five years
|
five years
|
|
Plus 2daysBereavement Leave
|
16 hours
|
16 hours
|
|
Total 10 days
|
76.8 hours
|
or 80 hours
where 8 hours or
|
|
Personal leave
|
Where a 7.6 hour day is worked
|
more are worked per day
|
|
Limits On The
Various Types Of Personal Leave
|
|
Maximum amount of Personal leave
|
76.8 hours or 80 hours
|
|
|
(depending upon the
hours of work arrangements in place)
|
|
Maximum amount of Sick leave
|
60.8 hours or 64 hours moving to 76 or 80 hours after five
years
|
|
|
(depending upon
the hours if work arrangements in place)
|
|
Maximum amount of Carer’s leave
|
40 hours
|
|
Maximum amount of Bereavement
|
hours per occasion
|
|
leave
|
|
16. Parental Leave
Provisions of the Industrial Relations Act 1996 (NSW)
will apply.
17. Jury Service
An employee required to attend for jury service during ordinary
working hours shall be reimbursed by the Company an amount equal to the
difference between the amount paid in respect of their attendance for such jury
service and the amount paid in respect of ordinary time the employee would have
worked had the employee not been on jury service.
18. Union Membership
and Elected Delegates
18.1 Transfield
Services shall support the union parties to this Agreement by way of providing
union membership information and providing for payroll deductions of union dues
as authorised by employees.
18.2 Accredited
Union Delegate
An employee appointed Union Delegate/s (Shop Steward)
shall, upon official notification to Transfield Services, be recognised as the
accredited representative of the Union to which they belong. An accredited
Union Delegate shall be allowed necessary time during working hours to
interview a representative of Transfield Services on matters affecting
employees they represent.
19. Trade Union
Training
Union Delegate (Shop Steward) nominated by their Union to
attend a union sponsored training course will be granted up to five days leave
(per annum) of absence without loss of earnings provided that:
Transfield Services receives at least two weeks notice of
the nomination from the Union setting out times, dates, content and venue for
the course.
The employee concerned can be released from duty by
Transfield Services for the period of the course, without affecting normal
operations.
Further Leave may be granted subject to agreement between
the Parties. The accredited delegate will be entitled to paid leave to attend
Industrial Relations Commission hearings.
20. Clothing and
Personal Protective Equipment
20.1 It is a
requirement that employees wear authorised Transfield Services issued clothing/uniform,
and appropriate personal protective equipment including steel capped boots.
20.2 On engagement
full time employees shall be issued with one pair of safety boots, four shirts,
four trousers and one jacket
20.3 On an annual
basis after twelve months continuous service from 1st December 2004 the Company
will move to a points system that will ensure an appropriate allocation of
clothing entitlement.
20.4 One winter
jacket (For employment in the period 1 May - 1 September) will be provided
every two years to employees. Where possible the jacket will be manufactured in
Australia.
20.5 Employees who
leave within the probationary period (8 weeks), shall reimburse the Company for
clothing and personal protective equipment as per the letter of 'offer for
employment'.
20.6 Clothing and
footwear provided by Transfield Services shall be replaced by the Company on a
fair wear and tear basis after approval from the appropriate Supervisor/Team
Leader.
20.7 It is a
condition of employment that clothing/uniforms provided by the Company to
employees shall be worn at all times during working hours. Employees failing to
comply with this requirement will be managed through a counselling and
disciplinary process.
20.8 Records of
type of clothing issued to employees will be recorded by the Company.
21. Superannuation
21.1 Transfield
Services shall contribute the statutory employer superannuation contribution to
C Bus, EISS or other agreed and approved superannuation fund that complies with
the Superannuation Guarantee Charge Act and Regulations on behalf of each
eligible employee as defined in the regulations on a monthly basis.
21.2 The level of
contributions will be in accordance with the levels prescribed by the act and
varied from time to time.
21.3 Employees may
voluntarily elect to contribute a proportion of their wages on a salary
sacrifice basis to their nominated superannuation fund. To do so an employee is
required to notify Transfield Services in writing and Transfield Services will
deduct the authorised amount from the employee's pay and remit it to their
superannuation fund.
21.4 From 1st July 2005 a co-contribution
arrangement for superannuation will be available at the election of the
employee. From 1ST July 2005 where an employee makes a 3% voluntary
contribution, the Company will contribute an additional 1% making a total
Company contribution of 10%. The arrangement thereafter from 1st July 2006
would be, at the employee’s election, a further contribution of 1% (4% in
total), the Company would increase its contribution by 1% making a total
Company contribution of 11%.
21.5 From 1st July 2007, at the employee’s
election, a further contribution of 1% (5% in total), the Company would
increase its contribution by 1% making a total Company contribution of 12%.
21.6 The parties reserve their
rights to bargain with respect to the issue of superannuation into the third
year 1ST July 2008 of the new Award, and the first year of the subsequent Award
1st July 2009.
22. Income Protection
Insurance
Permanent employees of Transfield Services engaged pursuant
to this Agreement shall be provided with income Protection insurance under the
following terms and conditions.
A qualifying period of 14 days.
The insurance cover benefits payable will be applied for a
maximum period of two years.
Transfield Services will contribute up to 1.4% of an
employee's gross earnings to an income insurance plan, subject to the
following:
(i) In the event
that the claims experience requires a review of the insurance plan, the
adjustment will be to the plan and not the Company's insurance premium.
(ii) People
accessing the insurance plan will agree to participate in the rehabilitation
program, which includes assessment by the Company's nominated medical services
provider and acceptance of that assessment.
23. Notice Boards
Transfield Services shall provide notice boards of
reasonable dimensions to be located in prominent positions at the site upon
which accredited Union Representatives shall be permitted to post formal union
notices signed or countersigned by the representative posting them.
Any notice posted on a board not so signed or countersigned
may be removed by an accredited representative or Transfield Services.
24. Employment
Security
Security of Employment is important for improving working
relationships, trust and co-operating with change. We do not want an
environment where everyone is working in fear of losing their employment. We
want an environment where people focus on doing jobs safely and well, implementing
improvement actions, adapting swiftly to change and caring for the business.
Real employment security will only be achieved by successful business
performance. Working together in implementing change and improvement will
maximise security for everyone.
It is not the Company’s intention to have any forced
retrenchments during the life of this Award.
While workplace change, new technologies and changes in
operations will be ongoing, every opportunity will be taken to effect changes through
voluntary means and natural attrition.
The parties agree that any changes in the area of employment
shall be handled in the following manner:
1. Employees
shall be offered other available positions where possible.
2. An
employee’s skills shall be further developed to improve flexibility.
3. Employee
numbers shall be reduced if required by natural attrition.
4. Voluntary
Retirement Schemes shall be used in preference to forced redundancies.
If the above steps do not resolve the situation, the Company
shall enter into further discussions with the Union with a view of resolving
the situation to the satisfaction of both parties.
Provided further that this clause will not apply to
situations of loss or substantial change to contract scope.
25. Right of Entry
An Officer of the union shall have the right to enter in
accordance with the Industrial Relations Act 1996 (NSW) as the Act
stands at the date of certification of this Award.
26. Employee
Entitlements
Security of Employee Entitlements
1. The parties
to this Award are committed to ensure that all the entitlements accruing to
employees are secure.
2. Transfield
Services has made available to the unions written advice from its Auditors
confirming its financial status and its compliance with making adequate
provision for employee entitlements. The company will also continue to provide
the audited Financial Statements which confirms the adequacy of provision for
employee entitlements. A group comprising of employee and management
representatives will meet within one week of the Annual Report and consult on
the financial position of the Company.
27. Abandonment of
Employment
If an employee is absent from work for a continuous period of
three working days without Company approval, and without notification to the
Company, that employee shall be deemed to have abandoned their employment.
If after a period of two weeks from the last day of absence,
the employee has not established a satisfactory reason for their absence and
non-notification, the employee shall have their employment terminated.
28. Blood Donors
The Company will promote blood donations to its employees.
The Company shall also pursue ways employees may actually donate blood with
minimal disruption to the Business.
29. Anti -
Discrimination and Harassment
The parties to this Award will not tolerate discrimination
and harassment in the workplace and seek to achieve the objective in section 3
(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity and
age.
It follows that in fulfilling their objectives under the
dispute resolution procedure prescribed by this Award the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this Award are not directly or indirectly discriminatory in their
effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the Award which, by its terms of operation, has a direct or
indirect discriminatory effect.
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 rate 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 (NSW);
d) a party to
this award from putting matters of lawful discrimination in any state of
federal jurisdiction.
This clause does not create legal rights or obligations
in addition to those imposed upon the parties by the legislation referred to in
the clause.
Notes:
Employers and Employees may also be subject to
Commonwealth Anti-Discrimination legislation.
Section 56 (d) OF THE Anti-Discrimination Act
1977(NSW) 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".
30. Duress
This Award has not been entered under duress by any of the
Parties to the Award.
31. Transmission of
Business
Where transmission of business occurs and affects employees
covered by this Award, the Parties shall by an exchange of letter/s enter into
correspondence that clearly outlines the benefits and entitlements due to
employees, and how such entitlements shall be managed. Matters to be covered
may include such items as annual leave, personal leave, superannuation, sick
leave and redundancy.
32. Reserved Matters
Parental Leave
Hours of Work
33. Dispute Avoidance
Procedure
The parties to this Award are committed to harmonious
employee relations based on mutual trust, open communication and proactive
consultation processes. Best endeavours will be used to resolve issues such as
problems, questions, disputes, difficulties or concerns at all times and at the
lowest possible level in the Company.
Any issue requiring resolution shall be dealt with in the
following manner:
i. Where an
employee(s) has an issue, which has not been resolved in the normal course of
business, they shall raise it with their Team Leader and both shall use their
best endeavours to resolve it as quickly as possible.
ii. Where an issue
is directly relevant to a work area, it shall be discussed and every endeavour
made to resolve it within the appropriate team.
iii. Should the
issue not be resolved as above within a sensible, mutually agreed timeframe, it
shall be referred to and discussed with the Area Manager.
iv. If not
resolved, any of the Parties may raise the issue with the Operations Manager
for resolution.
v. If still
unresolved, the matter may be referred to the relevant Union, which will
discuss the matter with the Company.
vi. Before the
issue proceeds to the Industrial Relations Commission, the Company will ensure
that its management and the union will ensure that its local Union Official has
been involved in the process.
vii. If still
unresolved, the matter may be referred to the Industrial Relations Commission,
by either party, for conciliation and/or arbitration in accordance with due
process.
At all levels (i) to (v) inclusive of the above, the
employee(s) may choose to have an accredited union representative or another
employee in attendance.
While the above process is being pursued, work shall
continue as normal (without bans and limitations).
The Parties to this Agreement may raise an issue to a
higher level in the process at any time.
Levels (i) to (v) shall be completed within seven (7)
working days.
34. Disciplinary
Protocol
Agreed Process to be Followed in the Event of Potential
Disciplinary Action Arising From an OH&S or other Incident
The parties to this Agreement are: Transfield Services
(Australia) Pty Ltd (BSL Port Kembla Alliance) ("the Company"); the
Australian Workers Union, the Electrical Trades Union, the Australian
Manufacturing Workers Union ("the Union").
The parties agree that:
In the event of an incident occurring that has potential
disciplinary implications, the following process is agreed. Note that if the
incident is of an OH&S nature the appropriate workforce OH&S Committee
representative or the OH&S Committee Chairperson and the appropriate
workforce representative will be involved in the investigation. If the incident
is of a nature other than OH&S, the appropriate workforce representative
will be involved in the investigation.
1. At the
discretion of the employer, the employee (refer to Note 1 below) concerned may
be removed from active duty and given alternate duties while the investigation
takes place. In cases where the welfare of the employee or other personnel or
workplace harmony may be compromised by the presence of the employee, the
employer reserves the right to stand down with pay and remove from site the
employee while the investigation takes place. In the event that an employee is
stood down with pay in accordance with this clause, the stand down period will
not be considered as part of any penalty that may or may not result following
the conclusion of the appeal process. (Refer to Note 2 below for recommended
communication actions at this point)
2. The
investigation will involve the appropriate Company representatives and
workforce representatives as indicated in the second paragraph above.
3. Once the
investigation is completed, if disciplinary action (in the form of unpaid
suspension or termination) is the Company decision, the Company will meet with
the local area employee representative/s and the relevant Union Official/s to
discuss the outcome before action is taken. If suspension or termination is not
the decision of the Company, the Company agrees to advise the employee
representatives and the union officials of the decision by some other appropriate
form of communication.
4. During those
discussions, all issues relevant to the incident will be discussed with a view
to reaching an outcome that is satisfactory to both parties. At this time the
Company will, without prejudice, make available to the delegates and/or union
officials all such information pertaining to the incident and the disciplinary
decision that it may legally do so. (Refer to Note 3 below for recommended
communication actions at this point)
5. At this
point, the employee and their representative/s may choose to exercise a right
of local appeal by making representation to the Company and must notify the
Company of its intention to do so.
If no appeal is forthcoming, the penalty will be
administered immediately. If appealed, the employee and their representative/s
must do so as quickly as possible, however in any case no more than 5 working
days will be allowed for this process, at the sooner of which time, the
resultant penalty will be administered. During the period of this appeal process,
the employee will maintain the status that was determined in clause 1 above.
(Refer to note 4)
6. Regardless of
the penalty and the local appeal process, all employees agree to remain on the
job without bans or limitations. Should the employee and his representative/s
not be satisfied with the outcome of the local appeal process it is agreed that
the employee and their representative/s will proceed to the final appeal
process via the NSWIRC. Recommendations and/or directions resulting from this final
appeal process will be accepted as final by all parties.
Following the conclusion of the investigation and
possible local appeal process, management and appropriate employee
representative/s will determine the most appropriate method of communicating the
facts and outcomes to the workforce with the intent of preventing any possible
industrial action.
This agreed process in no way inhibits either the
Company, the employee or the Unions from exercising their rights under the
terms and conditions of the Award or conditions of employment or any other
relevant employment legislation.
The Parties agree that the sole purpose of this
agreement is to improve Safety and Performance standards and communication
while avoiding any Industrial Disputation, which is recognised as being
detrimental to all Parties.
NOTES:
1. For the
purposes of stand down or alternate duties only, clause one will apply equally
to both monthly and weekly paid employees.
2. Following
each serious incident the employer will, as soon as practical, facilitate a
communication to all employees regarding the incident. It is intended that this
communication will be advice that an incident has occurred, it’s nature and
that the agreed investigation protocol is preceding. This communication will be
channelled through the recognised employee representative and supervisory
networks.
3. The
communication at this point may involve wider workplace representatives and is
intended to provide more detailed information on the progress of the process, or
in fact to communicate detailed outcomes.
4. Delaying the
determined action in order to allow the appeal process to take place does not
prejudice the rights of the Company to take such action, if required, once the
appeal process has been completed.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.