Boral St. Peters and Enfield Terminal (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Construction Materials Group Limited.

 

(No. IRC 1246 of 2006)

 

 

AWARD

 

1.  Title

 

This Award shall be known as the Boral St. Peters and Enfield Terminal (State) Award.

 

2.  Contents

 

2.1        This Award is arranged as follows:

 

1.         Title

2.         Contents

3.         Application and Parties

4.         Start Date and Period of Operation

5.         Commitment

6.         Dictionary

7.         Contract of Employment

8.         Redundancy

9.         Conflict Procedure

10        Classifications

11.       Employee Obligations

12        Work Organisation

13.       Time and Payment

14.       Payment of Wages

15.       Tools

16.       First Aid

17.       Meal Breaks

18.       Short Breaks  

19.       Holidays

20.       Annual Leave

21.       Annual Leave Loading

22.       Long Service Leave

23.       Parental Leave and Personal/Carer’s Leave

24.       Bereavement Leave

25.       Sick Leave

26.       Protective Clothing

27.       Protective Equipment

28.       Superannuation

29.       Discrimination

30.       Counselling

31.       Remuneration Adjustments

32.       Wages Sacrifice in Return for Increased Employer Funded Superannuation.

33.       Allowances

 

Table 1 - Rates Of Pay

Table 2 - Allowances

 

Schedule A - Wages Sacrifice Election Form

 

3.  Application and Parties

 

3.1        This Award operates to the exclusion of any other award or enterprise agreement whether made before or after the operation of this Award and shall apply to the employees (as defined in clause 6 dictionary of this Award).

 

3.2        This Award shall be binding upon:

 

(a)        Boral; and

 

(b)        the employees; and

 

(c)        the Union.

 

4.  Start Date and Period of Operation

 

4.1        This Award rescinds and replaces the Boral St Peters Terminal (State) Award published 29 July 2005 (352 I.G. 833) and shall commence from 22 March 2006 and shall remain in force for three years and thereafter in accordance with the Act.

 

5.  Commitment

 

5.1        This Award will:

 

(a)        guarantee that the terminal and its customers are at all times serviced to an optimal level with out delay or interruption to that service; and

 

(b)        introduce a competitive and fair remuneration system.

 

6.  Dictionary

 

6.1        Definitions:

 

In this award the following words in the left-hand column of the dictionary shall have the meaning given to them by the right hand column of the dictionary:

 

Boral - Boral Construction Materials Group Limited;

 

Employees - persons employed by Boral at the terminal within the classifications set out in this award, excluding such persons covered by the Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award;

 

Start Date - the day when the Industrial Relations Commission of NSW makes this award;

 

Union - the Australian Workers' Union, New South Wales;

 

Wife, husband - shall include de facto wife or husband;

 

Father, mother - shall include foster-father or mother and stepfather or mother;

 

Annual salary - means the relevant amount set out in Table 1;

 

Ordinary weekly rate - means the relevant amount set out in Table 1;

 

Ordinary hourly rate - means the relevant amount set out in Table 1;

 

Significant effects - include ending of employment, major changes in the composition, operation or size of the workforce;

 

Technological - means 3 months notice of termination or payment in lieu of such notice;

 

change notice

 

Terminal - means the St Peters Terminal at Burrows Road South and the Enfield Terminal at Norfolk Road, Enfield

 

Standard - National Competency Standard as contextualised to the terminal;

 

Medical certificate - documentation provided by a registered medical practitioner proving that an employee is incapable of attending work due to a medically diagnosed condition;

 

Appropriate action - in clause 27 includes training, further review, warning (verbal or written) or dismissal from employment;

 

Standby roster - a roster prepared by Boral for the purposes of clause 10.4 that equally shares the time spent on standby by the employees;

 

Salaried employees - means any employee (who has actually worked as a salaried employee within the Metropolitan Division for the majority of the preceding 12 months) who does not have their terms of employment covered by an award and is not remunerated on a ‘total cost’ basis;

 

Metropolitan division - means the operations of Boral Resources (NSW) Pty Limited comprising the Emu Plains, Prospect, Peat’s Ridge and Dunmore quarries and any other quarry operated by Boral from time to time;

 

Percentage salary increase - the percentage before being adjusted to take into account a salaried employee’s ‘compar ratio’ (excluding any regrading adjustment);

 

An award - an award of the Australian Industrial Relations Commission or the Industrial Relations Commission of New South Wales;

 

Ordinary weekly hours - the first thirty-eight hours worked each week;

 

Overtime hours:

 

(a)        all hours worked in a week in addition to the ordinary weekly hours;

 

(b)        all hours worked in addition to eight hours each day; and

 

(c)        all hours worked before an employee’s rostered start time

 

Federal Act - the Workplace Relations Act 1966;

 

Work - such work as required to be performed by Boral including unloading the train;

 

Night work - work performed during ordinary hours the majority of which falls between the hours of 6 p.m. and 6 a.m on a shift.;

 

General wage increase - any increase granted by the Industrial Relations Commission of New South Wales in accordance with section 50 or 51 of the Act; and

 

Act - Industrial Relations Act 1996.

 

Unforeseen Circumstances - any unforeseen circumstances, breakdowns, emergencies or exigencies beyond the reasonable control of Boral.

 

7.  Contract of Employment

 

7.1        Weekly Employment:

 

Subject to this clause employees will be employed by the week.

 

7.2        Probation:

 

From an employee’s commencement date they will be employed on probation for a period of three months.

 

7.3        Resignation:

 

Employees may end their employment by giving Boral one-week’s notice or by paying to Boral an amount of money equivalent to one week's pay.

 

7.4        Boral Option:

 

Except when ending an employee’s employment for reasons of technology related redundancy (for which technological change notice applies) if Boral ends an employee’s employment, they must give them notice in accordance with section 170CM of the Federal Act.

 

7.5        Casual Employment:

 

Boral may from time to time engage casual employees to meet its short term business needs and/or provide relief and such employees:

 

(a)        shall be paid per hour worked the Level 1 ordinary hourly rate as set out in Table 1 Rates of this award;

 

(b)        shall not be employed as such for more than ninety consecutive days;

 

(c)        shall not be bound by clauses, 7.1,7.2,7.3,7.4,.8,10,16,19,,21,24,25,30,32.1,(a), 32.1(c) and 32.1(d) of this award; and

 

(d)        may have their employment terminated by them or Boral by one days notice or payment in lieu.

 

Notation: casual employees also receive one-twelfth of their ordinary earnings in lieu of annual leave.

 

8.  Redundancy

 

8.1        Preservation of Employment:

 

Where practicable and having regard to the needs of the terminal, the parties will co-operate to preserve existing employment and enhance future employment opportunities generally.  Furthermore, the parties recognise that this is best achieved when what can be done is done, to produce sustainable improvements in the performance and profitability of the terminal.

 

8.2        Selection:

 

If redundancies are to occur, Boral will:

 

(a)        call for volunteers, and then if there are insufficient volunteers those to be made redundant will be selected by Boral by reference to their:

 

(b)        terminal skills;

 

(c)        experience;

 

(d)        aptitude;

 

(e)        training; and

 

(f)         performance,

 

and having undertaken such an assessment, if it is necessary to make redundant employees that are comparatively equal in terms of the assessment (unless some other pressing domestic issue is raised by an employee concerned) the employee with  the shortest period of service  will be retrenched first.

 

8.3        Introduction of Change:

 

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 consult with the them about the changes and discuss the introduction of the changes, the effects the changes are likely to have on employees, measures to avert or mitigate any adverse effects of such changes on employees and shall give prompt consideration to matters raised by employees before any redundancies are affected.

 

8.4        Redundancy Pay:

 

If, following a decision made by Boral in accordance with clause 8.3 Boral decides that an employee’s position in the terminal is redundant then Boral must pay the a employee concerned:

 

(a)        (If they are under 45 years of age) with:

 

 

and thereafter an additional 3.845% of an employee’s annual salary per year of service up to a maximum payment equivalent to an employee’s annual salary.

 

(b)        (If they are 45 years of age or over) with:

 

 

and thereafter an additional 3.845% of an employee’s annual salary per year of service up to a maximum payment equivalent to an employee’s annual salary.

 

8.5        Resignation During Notice of Redundancy:

 

If an employee’s position in the terminal is made redundant they may end their employment during the period of notice and still receive any monies arising from clause 8.4.

 

9.  Conflict Procedure

 

9.1        Steps:

 

The following steps shall apply in the following order for resolution of any conflict.  For each step, the next step may be taken if the conflict has not been resolved within the time specified:

 

(a)        consultation between the relevant employee(s) and the relevant manager (48 hrs);

 

(If the dispute is not resolved at this level it must be reduced to writing and signed by both the employee(s) concerned and the relevant manager);

 

(b)        consultation between the relevant employee(s) and a relevant senior manager (72 hrs); and

 

(c)        reference of the matter to the Industrial Relations Commission of NSW for conciliation/arbitration no later than 5 days after the step in (a) above unless otherwise agreed.

 

To avoid any doubt an employee may be represented by an official of the Australian Workers’ Union, NSW or a delegate of that Union during this process.

 

9.2        Continuation of Normal Work:

 

While the procedure above is being followed and until the conflict is resolved work must continue normally and we each guarantee that this will occur.

 

10.  Classifications

 

10.1      Levels:

 

Each employee shall be classified into one of the levels set out below:

 

(a)        Level 1 Operator: A Level 1 Operator is an employee who has worked at the terminal for six months or less performing the work; or

 

(b)        Level 2 Operator: A Level 2 Operator is an employee who has worked at the terminal for more than six months performing the work.

 

11.  Employee Obligations

 

11.1      General:

 

Employees must perform the work and do everything connected with it:

 

(a)        in accordance with this award;

 

(b)        with due care and skill and in a proper, thorough and professional manner and to the attained standard;

 

(c)        safely, and in accordance with Boral’s safety requirements;

 

(d)        in accordance with the day to day operational directions given by Boral;

 

(e)        in accordance with any operating or work procedures, methods or systems relevant to the performance of the work;

 

(f)         using best efforts to promote Boral's business;

 

(g)        without jeopardising or damaging Boral's business; and

 

(h)        in compliance with all relevant laws.

 

11.2      Improvement Activities:

 

Each employee must to do all that is available on their part to improve the performance and profitability of the terminal by constructively and co-operatively participating in and implementing the outcomes of:

 

(a)        performance measurement and review;

 

(b)        operational problem solving; and

 

(c)        continuous improvement activities utilising (a) and (b) above.

 

12.  Work Organisation

 

12.1      Rostering:

 

Employees will be rostered to work their ordinary weekly hours so that the work is performed:

 

(a)        cost effectively;

 

(b)        without hindering or delaying the unloading of the train or a customer from being serviced; and

 

(c)        to an optimum level of profitability.

 

12.2      Identification of Rosters

 

Rosters shall identify if the employee is:

 

(a)        a day worker (commencing their rostered ordinary hours after 4.00am and before 1.00pm);

 

(b)        an afternoon shift worker (commencing their rostered ordinary hours after 1.00pm and at or before 5.00pm); or

 

(c)        a night shift worker (commencing their rostered ordinary hours after 5.00pm and at or before 4.00am).

 

12.3      Change to Rosters

 

Unless otherwise agreed with an employee once set a roster may be changed with seven days notice.

 

12.4      Unforeseen Circumstances

 

Despite any thing else in this award, in unforeseen circumstances Boral may direct you to transfer (on such notice as is practicable to give) from day work to shift work and vice versa or from afternoon shift to night shift and vice versa subject to paying the employee the allowance set out in Item 2 of Table 2 for all of the employees ‘new’ rostered ordinary hours in lieu of any other payments that might otherwise apply.

 

13.  Time and Payment

 

13.1      Working Time:

 

Employees must work:

 

(a)        their ordinary hours when and as required Monday to Friday inclusive in accordance with the rosters prepared pursuant to clause 9.1; and

 

(b)        such overtime hours as are required by Boral.

 

13.2      Ordinary Weekly Working Time - Payment:

 

An employee will be paid for their ordinary hours at the ordinary weekly rate set out in Table 1 Rates.

 

13.3      Overtime - Payment:

 

All overtime hours shall be paid at the rate of 1.5 times the ordinary hourly rate set out in Table 1 Rates for the first two hours worked and thereafter 2 times the ordinary hourly rate set out in Table 1 Rates.

 

13.4      Call In:

 

(a)        If requested to do so, each employee shall carry a paging device (provided by Boral) in accordance with a standby roster.

 

(b)        If due to any unforeseen circumstance an employee(s) is required to:

 

(i)         return to the terminal to work after having finished work for the day; or

 

(ii)        commence work prior to their rostered starting time, the employee(s) to return or commence shall be selected in order of the standby roster.

 

14.  Payment of Wages

 

14.1      Electronic Funds Transfer:

 

An employee shall be paid weekly by means of electronic funds transfer to an account in a recognised financial institution.

 

15.  Tools

 

15.1      Supply of Tools:

 

All tools required by employees shall be provided by Boral at its expense.

 

16.  First Aid

 

16.1      Certificate:

 

A Level 2 Team member must hold a first aid certificate and perform first aid duties as needed.

 

17.  Meal Breaks

 

17.1      Entitlement:

 

Work must be organised so that:

 

(a)        each employee has a 20 minute (paid) meal break each shift; and

 

(b)        the taking of such breaks does not hinder or delay the unloading of the train, a customer from being serviced or work generally.

 

18.  Short Breaks

 

18.1      Entitlement:

 

Work must be organised so that:

 

(a)        each employee has a ten minute (paid) break each shift; and

 

(b)        the taking of such break does not hinder or delay the unloading of the train, a customer from being serviced or work generally.

 

19.  Holidays

 

19.1      Holidays:

 

The days on which the following holidays are observed shall be granted to employees without loss of pay as a holiday:

 

New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Eight Hour Day; Christmas Day; Boxing Day; Picnic Day, the first Monday in December (or a substitute day agreed to by an employee and Boral and taken by 31 December in the following year); and any other day gazetted as a public holiday for the State of New South Wales.

 

20.  Annual Leave

 

20.1      Entitlement:

 

See Annual Holidays Act 1944 as amended.

 

21.  Annual Leave Loading

 

21.1      Payment of Loading:

 

Whenever an employee enters a period of annual leave they shall be paid, in addition to their annual leave pay a loading of 17.5 percent.

 

22.  Long Service Leave

 

22.1      Entitlement:

 

See Long Service Leave Act 1955 as amended.

 

23.  Parental Leave and Personal/Carer’s Leave

 

23.1      Parental Leave Entitlement

 

See Industrial Relations Act 1996 as amended.

 

23.2      Personal Carers Leave Entitlement

 

23.2.1   If you are a full time or part time employee, with responsibilities in relation to a class of person set out in clause 24.2 (c) (ii) who needs your care and support, you shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 25 of the award, 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.

 

23.2.2   You shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, you must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(ii)        the person concerned being:

 

(A)       your spouse; 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 yours; or

 

(D)       a same sex partner who lives with you as your de facto partner on a bona fide domestic basis; or

 

(E)        a relative who is a member of the same household, where for the purposes of this paragraph:

 

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

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

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

 

23.2.4   You shall, wherever practicable, give Boral notice prior to the absence or the intention to take leave, the name of the person requiring care and that person's relationship to you, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for you to give prior notice of absence, then you shall notify Boral by telephone of such absence at the first opportunity on the day of absence.

 

23.3      Unpaid Leave for Family Purpose

 

You may elect, with the consent of Boral, to take unpaid leave for the purpose of providing care and support to a class of person set out in clause 24.2.3 (ii) above who is ill.

 

24.  Bereavement Leave

 

24.1      Entitlement

 

You shall be entitled to up to three days’ bereavement leave without deduction of pay on each occasion of the death of a person prescribed in clause 24.2.3 (ii), subject to the following:

 

24.1.1   Notification

 

You must notify Boral as soon as practicable of the intention to take bereavement leave and will, if required by Boral, provide to the satisfaction of Boral proof of death.

 

24.1.2   Responsibility For Care

 

Bereavement leave shall be available to you in respect to the death of a person prescribed for the purposes of Personal/Carer’s leave in clause 24.2.3 (ii), provided that for the purposes of bereavement leave, you need not have been responsible for the care of the person concerned.

 

24.1.3   Bereavement Leave Not When Other Leave Granted

 

You shall not be entitled to bereavement leave under this clause during any period in respect of which you have been granted other leave.

 

24.1.4   Bereavement Leave In Conjunction With Other Leave

 

Bereavement leave may be taken in conjunction with other leave available under this award.  In determining such a request Boral will give consideration to your circumstances and the reasonable operational requirements of the quarry

 

25.  Sick Leave

 

25.1      Entitlement:

 

Employees shall, subject to clause 25.2 and the production of a medical certificate be entitled to ten days' sick leave during the first and subsequent years of service without loss of pay [provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence in any year].

 

25.2      Notification:

 

Employees must notify Boral of their absence no later than two hours prior to their normal starting time where possible on the same day of their absence and in any event before 9.00 a.m.

 

25.3      Workers Compensation:

 

Employees shall not be entitled to sick leave for any period in respect of which they are entitled to workers' compensation.

 

25.4      Accumulation:

 

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.

 

26.  Protective Clothing

 

26.1      Entitlement:

 

At the commencement of an employee’s employment Boral shall provide them with four sets of clothes, two pairs of boots and in May a winter jacket, which shall be replaced on an item for item exchange basis.

 

27.  Protective Equipment

 

27.1      Entitlement:

 

Boral shall:

 

(a)        provide employees with all personal protective equipment required to perform an employee’s work and;

 

(b)        replace such articles, when, in the reasonable opinion of Boral, they are no longer in a serviceable condition, but employees shall not be entitled to a replacement unless employees return the corresponding article issued to employees or if the article is lost or misplaced by employees, employees shall pay a reasonable price for the article.

 

28.  Superannuation

 

28.1      Entitlement:

 

Superannuation Legislation - The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry Supervision Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth), and s124 of the Industrial Relations Act 1996.  This legislation, as varied from time to time, governs superannuation rights and obligations.

 

29.  Discrimination

 

29.1      Anti-Discrimination:

 

(a)        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 carer's responsibility.

 

(b)        It follows that in fulfilling their obligations under the conflict 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.

 

(c)        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.

 

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

 

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

 

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

 

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

 

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

 

(e)        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."

 

30.  Counselling

 

30.1      Procedure - Unsatisfactory Performance:

 

Upon Boral becoming aware that an employee has acted contrary to clause 8 they shall:

 

(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 has acted contrary to clause 8.1;

 

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

 

(f)         take such appropriate action as Boral see fit.

 

To avoid any doubt an employee may be represented by an official of the Australian Workers’ Union, NSW or a delegate of that Union during this process.

 

31.  Remuneration Adjustments

 

31.1      Wage Adjustment:

 

On the first full pay period to commence on or after 15 November each year the rates set out in Table 1 Rates and the allowances set out in Table 2 Allowances shall be increased by the percentage salary increase given that year to salaried employees employed in the Metropolitan Division.

 

31.2      Bonus Adjustments:

 

On the first full pay period to commence on or after 15 November each year each employee shall be paid an amount of money equivalent to the percentage bonus paid to salaried employees employed in the Metropolitan Division, applied to their ordinary and overtime earnings for the preceding twelve months.

 

31.3      Undertaking to Review:

 

Should at any time the method by which relevant salaried employees are remunerated change, the parties to this award shall confer about those changes and whether any variation to this award is necessary to ensure that the original intention of this award is maintained.

 

31.4      Safety Net:

 

Despite any thing else in his award, the wage increase paid in accordance with clause 31.1 shall not be less than any general wage increase granted in that year.

 

32.  Wages Sacrifice in Return for Increased Employer Funded Superannuation

 

32.1      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.

 

32.2      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 Table 2, 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.

 

32.3      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.

 

32.4      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 A of this award to have prospective effect on and only on 1 January or 1 July each year.

 

32.5      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).

 

33.  Allowances

 

33.1      Entitlement

 

In addition to the amounts paid to an employee in accordance with Table 1 an employee shall be paid:

 

(a)        a weekly meal allowance of the amount set out in Item 1 of Table 2 Allowances;

 

(b)        the amount set out in Item 2 of Table 2 Allowances for each ordinary hour worked by an employee on a shift that commences after 5.00pm and at or before 4.00am;

 

(c)        (when they have been classified at a level 2) a weekly first aid allowance of the amount set out in Item 3 of Table 2 Allowances;

 

(d)        a call in allowance on each day they are called in one or more times, in accordance with clause 10.4 of the amount set out in Item 4 of Table 2 Allowances;

 

(e)        paid per km the amount set out in Item 5 of Table 2 Allowances if they are required to use their car by Boral while at work; and

 

(f)         the amount set out in Item 6 of Table 2 Allowances for each ordinary hour worked by an employee on a shift that commences at or after 1.00pm and at or before 5.00pm;

 

(g)        the amount set out in Item 7 of Table 2 Allowances for  each week worked by an employee on a shift where they perform the duties of a Lead Operator. This allowance will apply to St. Peters Terminal only. A Lead Operator is an employee who, in addition to the requirements of a Level 2 Operator, is responsible for:

 

Ensuring that all work activity is conducted as per the requirements of the Boral Health and Safety policy

 

Ensuring adherence to Boral’s Environmental Policy and any other site specific environmental procedures

 

Contributing to the development of site rosters

 

Monitoring personnel absences and movements and advising the Bulk Materials Supervisor accordingly

 

Preparing and issuing daily stock sheets and movement reports in the absence of the Bulk Materials Supervisor

 

Advising line management personnel of any safety incidents or near misses occurring at St Peter’s site in the absence of the Bulk Materials Supervisor

 

Pro-actively organising breakdown repairs and cleanup of spillages

 

Leading and supporting implementation of continuous improvement projects at St Peter’s

 

Developing SWP procedures for all routine operational activities

 

Inducting personnel to site as directed

 

Co-ordinating the hourly hire of trucks from Boral Transport

 

Notation: To avoid any doubt, these allowances shall not attract any penalty or premium.

 

Table 1 - Rates of Pay

 

The following rates apply from first full pay period to commence on or after 15 November 2004

 

 

Table 2 - Allowances

 

The following rates apply from first full pay period to commence on or after 15 November 2004

 

 

Notation:

 

The amounts in Table 1 and 2 above compensates employees for:

 

(a)        the work; and

 

(b)        all physical and climatic conditions employees might be exposed to in performing the work.

 

Schedule A

 

‘Wages Sacrifice’ Election Form

 

Pursuant to clause 32 of the Boral St Peters & Enfield Terminal (State) Award 2006 an employee may elect to forgo part of their weekly ordinary time rate of pay and/or annual cash bonus in return for increased employer funded superannuation.

 

Sacrifice of Ordinary Time Rate of Pay Election

 

If you make this election your weekly ordinary time rate of pay of pay will be reduced (because Boral will be funding more superannuation for you). The tables below set out the effect of making an election on your weekly ordinary time rate of pay.

 

Operative from the first full pay period to commence on or after 1 November 2005:

 

Post Election Ordinary Time Rate of Pay

 

 

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 32 of the Boral St Peters & Enfield Terminal (State) Award 2006 to forgo:

 

1%;

 

3%;

 

5%;

 

7%;

 

10%;

 

15%; or

 

20% (circle percentage elected),

 

of my weekly ordinary time rate of pay in return for increased employer funded superannuation contributions equal to this amount.

 

Sacrifice of Annual Cash Bonus Election

 

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 32 of the Boral St Peters & Enfield Terminal (State) Award 2006 to forgo any annual cash bonus falling due after this election in return for increased employer funded superannuation contributions equal to this amount.

 

(Cross out Sacrifice of Annual Cash Bonus Election if Bonus is not being sacrificed)

 

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 1936 (Cth).

 

Notation:

 

For the 2005/2006 tax year these were:

 

 

Signed by (insert employee name).................................................

 

Confirmed by Boral (insert name)..................................................

 

 

 

J. McLEAY, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.