Refinery Operators Shell Refining (Australia) Pty Ltd Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Shell Refining Australia Pty Limited.

 

(No. IRC 993 of 2006)

 

 

AWARD

 

Scheme of Arrangement

 

PART 1

 

APPLICATION AND OPERATION OF AWARD

 

1.1       Definitions

1.2       Coverage of Award

1.3       Commencement Date and Term of Award

1.4       Review of Award

1.5       Anti-Discrimination

 

PART 2

 

CONSULTATION, CONTINUOUS IMPROVEMENT AND DISPUTE RESOLUTION

 

2.1       Ongoing consultations with the Refinery Operators Group on matters of mutual interest

2.2       Continuous Improvement

2.3       Dispute and Grievance Procedure

 

PART 3

 

EMPLOYMENT RELATIONSHIP AND DUTIES

 

3.1       Contract of Employment

3.2       Process Maintenance and Associated Matters

3.3       Operator Classifications

3.4       Acting Up

3.5       Operator Job Training

3.6       Category Structure

 

PART 4

 

ANNUALISED SALARY AND RELATED MATTERS

 

4.1       Annualised Salary (Wages)

4.2       Superannuation Treatment of Annualised Salary

4.3       Payment of Wages

4.4       Overtime

4.5       Flexible Hours Allowance

4.6       Clyde Miscellaneous Allowance

4.7       First Intervention Team Allowance

4.8       Mixed Functions

4.9       Transport Of Employees

4.10     Day Shiftworkers

 

PART 5

 

HOURS OF WORK

 

5.1       Standard Hours

5.2       Rosters

5.3       Day Shiftworker

5.4       Rest Periods (Ten Hour Break)

 

PART 6

 

LEAVE

 

6.1       Annual Leave

6.2       Sick Leave

6.3       Long Service Leave

6.4       Bereavement Leave

6.5       Parental Leave

6.6       Personal/Carer's Leave

6.7       Jury Service

6.8       Public Holidays

 

PART 7

 

UNION MATTERS

 

7.1       Right Of Entry

7.2       Union Delegate

7.3       Notice Board

7.4       Union Business

7.5       Union Training

7.6       Time in lieu

7.7       Payroll Deductions

 

PART 8

 

GORE BAY TERMINAL OPERATIONS

 

8.1       Boiler Operation

8.2       Ship Connections and Disconnections

8.3       Fourth Operator

8.4       Wharf Watch

8.5       Shore Officers

8.6       Gore Bay Day Liaison Operator

 

PART 9

 

LEAVE RESERVED

 

Gore Bay

Operator Establishment including Sparing (Clause 5.2.2)

 

Part 1

 

APPLICATION AND OPERATION OF AWARD

 

1.1.  Definitions

 

"Company" means Shell Refining (Australia) Pty Ltd at Clyde Refinery, Granville and at Gore Bay Terminal.

 

"Continuous shift worker" means an employee engaged under this Award on a continuous shift roster.

 

"Day shift worker" is an employee employed under this Award engaged on a nine day fortnight basis attracting shift penalties and other entitlements as if a continuous shift worker.

 

"Employee" means an employee of the Company who is engaged within one of the classifications contained within clause 3.3 Operator Classifications of this Award.

 

"First Intervention Team (FIT) member" means an employee engaged under this Award who volunteers to participate in emergency responses for the term of this Award.

 

"Operator" means employees employed as Refinery and Gore Bay Terminal Operators.

 

"Parties" means Shell Refining (Australia) Pty Ltd and the Construction, Forestry, Mining and Energy Union (NSW Branch).

 

"Plant Controller" is a day staff position not subject to this Award.

 

"ROG" means Refinery Operator Group represented by duly elected delegates of the union.

 

"Shift Controller" is a shift staff position not subject to this Award.

 

"Shore Officer" is a shift staff position at the Gore Bay Terminal.

 

"Union" means the Construction, Forestry, Mining and Energy Union (NSW Branch.

 

1.2.  Coverage of Award

 

This Award binds Shell Refining (Australia) Pty Ltd, the Construction, Forestry, Mining and Energy Union (NSW Branch) and employees of Shell Refining (Australia) Pty Ltd employed at the Clyde Refinery and Gore Bay Terminal as Refinery Operators:

 

(a)        who are members or eligible to be members of the CFMEU; and

 

(b)        who are covered by the classifications set out in clauses 3.3 and 6 of this Award.

 

1.3.  Commencement Date and Term of Award

 

1.3.1     This Award rescinds and replaces the Refinery Operators Shell Refining (Australia) Pty Ltd Award 2004 published 19 August 2005 (353 I.G. 160) and all variations thereof. 

 

1.3.2     It shall take effect from 1 February 2006 and shall remain in force thereafter until 31 January 2009.

 

1.3.3     It is a term of this Award that the parties shall make no extra claims unless pursued under the mechanisms provided for within this Award.

 

1.4.  Review of Award

 

1.4.1     Not later than 30 October 2008 negotiations will commence for the renewal or otherwise of this Award.

 

1.5.  Anti-Discrimination

 

1.5.1     It is the intention of the parties bound by this Award to seek to achieve the objects of the relevant legislation to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

1.5.2     It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

1.5.3     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

1.5.4     Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

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

 

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

 

NOTES

 

(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."

 

Part 2

 

CONSULTATION, CONTINUOUS IMPROVEMENT AND DISPUTE RESOLUTION

 

2.1.  Ongoing Consultation With the Refinery Operators Group on Matters of Mutual Interest

 

With the object of strengthening relationships and improving outcomes in the workplace, the following provisions on recognition, communication and consultation have been agreed to.

 

The CFMEU Refinery Operators Group (ROG) Committee, comprising a maximum of twelve delegates, is recognised as representatives of the Refinery Operators. The ROG Committee will meet the Company on a needs basis (normally monthly). Meetings will be held in an efficient way, due regard being had to all the demands on the parties’ time.

 

Compensation to Delegates for attending these meetings, who are not rostered at the time of the meeting, will be in accordance with Clause 7.6 Time in Lieu of this Award.  Delegates who are rostered on at the time of scheduled meetings will be released to enable attendance where suitable coverage is achieved and shall not be entitled to Time in Lieu.

 

At the meetings (and in other forums if the parties agree that this would be appropriate), the parties will consult on matters of mutual interest such as -

 

work organisation;

 

manning issues for minor and major turnarounds;

 

continuous improvement;

 

work-life balance issues;

 

the introduction and operation of new plant and equipment;

 

the site’s Operator People Plan;

 

any unresolved industrial issues;

 

any other changes to the business that will have a significant direct impact on the workforce.

 

In respect of the Operator People Plan, the parties will discuss approximately every six months the sparing requirements for the site, taking into account the following:

 

leave balances and needs (annual, sick, and/or long service leave);

 

long term illness cases;

 

imminent departures (including resignation or retirement);

 

age and experience profiles;

 

special assignments or Company initiatives;

 

overtime levels; and

 

succession planning.

 

Information will also be shared and discussions held on strategic issues including but not limited to:

 

future directions of the Company;

 

Company results;

 

forthcoming projects;

 

Refinery Management Team (RMT) matters;

 

CFMEU matters; and

 

Matters arising from Australasian Refinery Operatives Committee (AROC).

 

2.1.1     Consultation process

 

The Parties will -

 

aim to achieve consensus on matters over which consultation occurs;

 

share where practical information relevant to the matter under discussion, subject to commercial confidentiality and privacy considerations;

 

allow each other the opportunity to express their views and to contribute in a timely fashion to the resolution of workplace change matters;

 

be prepared to put forward considered views in respect of desired improvements and alternatives as to how such improvements could be achieved;

 

assess issues against criteria such as SELL i.e. "Is it safe, efficient, logical and legal (SELL)?"; and

 

allow the views of all to be valued and taken into account.

 

2.1.2     Reservation of rights

 

The consultation process provided for here is not intended to alter or diminish any rights or conditions of service that a party enjoys under the Award, unless the parties consent to such a change and the Award is duly varied.

 

The parties’ rights under Clause 2.2 Dispute and Grievance Procedure of this Award in the event of any dispute that may arise in the course of consultations are reserved.

 

2.2  Continuous Improvement

 

2.2.1     The parties and employees recognise that the continuous improvement of the technology, plant, scope of work and responsibilities for Operators, is a key factor in securing Shell Clyde Refinery and Gore Bay Terminal’s future.

 

2.2.2     The parties and employees will seek to mutually agree and implement ways of continuous improvement.

 

2.3.  Dispute and Grievance Procedure

 

Subject to the Industrial Relations Act 1996 or any Act replacing that Act, any dispute or claim (whether any such dispute or claim arises out of the operation of this Award or not) as to the wages and/or conditions of employment of any employee with regard to whom the Company is bound by this Award and/or as to any other industrial matter pertaining to the relations of the Company (to whom this Award applies) with employees (with regard to whom the Company is so bound) shall be settled in the undermentioned manner:

 

2.3.1     The matter shall be first discussed between the employee concerned and the immediate supervisor.

 

2.3.2     If not settled within a reasonable period of time, for example, 7 days, the matter shall be further discussed between the employee, the Union delegate and the employee's immediate supervisor.

 

2.3.3     If not settled the matter shall be further discussed between the Union delegate and the Human Resources Department representative of the Company.  For matters of a serious nature, a Refinery Operators Group (ROG) meeting may be convened by either party within seven days of settlement not being reached. 

 

2.3.4     If not settled, the matter shall be further discussed between the Union official, the ROG and the Company.

 

2.3.5     If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales and its decision shall be final and shall be accepted by the parties.

 

It is the intention of the parties that when the disputes procedure is invoked the matter in dispute will be dealt with expeditiously and until the matter is determined, work shall continue normally.  Where it is agreed between the parties that there is an existing custom, work shall continue in accordance with that custom, but where there is no agreement as to custom, the Company's direction shall be accepted.  No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

 

Part 3

 

EMPLOYMENT RELATIONSHIP AND DUTIES

 

3.1.  Contract of Employment

 

3.1.1     To become entitled to payment in accordance with this Award an employee shall perform such work as the Company shall, from time to time, require on the days and during the hours usually worked by the class of employees affected.

 

3.1.2     An employee not attending for duty shall lose pay for the actual time of such non-attendance except where such absence is authorised.

 

3.1.3     Employment shall be terminated by a month's notice on either side, given at any time during the month, or by the payment or forfeiture of a month's wages, as the case may be.  This shall not affect the right of the Company to dismiss any employee without notice for neglect of duty or misconduct, and in such cases wages shall be paid up to the time of dismissal only.

 

3.1.4     It is a term and condition of employment and of the obligations and rights accruing under this Award that an employee shall:

 

(a)        comply with the orders of the Company to work reasonable overtime at any time during the seven days of the week at the appropriate remuneration prescribed herein, provided that the question of what is reasonable overtime shall be determined in relation to the individual employee concerned, having regard to the particular circumstances at the time of the order by the Company;

 

(b)        use the appropriate protective clothing and equipment provided by the Company for specific circumstances;

 

(c)        comply with the Company's directions to carry out work required for the safety of personnel, equipment and product;

 

(d)        become and remain the holder of any certificates at Company expense which are required by law to be held by a person performing the duties which the Company allocates to the employee from time to time;

 

(e)        undertake responsibilities associated with first aid and emergency response activities as agreed between the parties which are fully comprehended in the wage rates provided in Table 1 of the Award.  All Operators will maintain current first aid qualifications at Company expense.

 

3.1.5     Probation Period

 

A new employee shall be regarded as probationary for the first three months of their engagement.  After an assessment of the employee by the Company during the three months, the employee may be:

 

(a)        required to complete the probationary period and then confirmed in the position for which the employee was engaged;

 

(b)        confirmed in the position for which the employee was engaged;

 

(c)        given notice of termination of service in accordance with Clause 3.1.3;

 

(d)        prior to any notice being given to a probationary employee the Company shall discuss the matter with the employee and if he or she requires a ROG/CFMEU representative and determine whether a further period of probation is appropriate.

 

3.1.6     Refinery/Gore Bay Terminal Operator Statement of Principle

 

Assignment by supervisors of tasks not associated with the prime operating job in any particular circumstances will be limited naturally by the following criteria:

 

(a)        they will be associated with the process to which the Operator is engaged;

 

(b)        they will be capable of being completed within a relatively short time or of being interrupted or left unattended so as not to distract the Operator from their prime functions;

 

(c)        if tools are involved, these will be simple in their utilisation and the task will be relatively simple and within the ability of the Operator;

 

(d)        in the assignment of these tasks, an attempt will be made to achieve what is reasonable and a common sense attitude should prevail.  Factors requiring consideration would include, for example:

 

(i)         the time available for the performance of the task;

 

(ii)        the Operator's ability to perform the tasks;

 

(iii)       the availability of the equipment appropriate to the performance of the task.

 

3.2.  Process Maintenance and Associated Matters

 

3.2.1     Process Maintenance

 

The functions and responsibilities of all operators include the clean, safe and effective operation at all times of refining plant and associated equipment; the evaluation of equipment performance and process conditions; the execution of running adjustments and minor repairs consistent with safe and effective operation; the preparation (including the proper isolation) of equipment for maintenance; the use of hand tools (such as spanners, wheel keys, wrenches and screw drivers) and of appliances (such as gas testing and laboratory testing equipment, portable thermometers) as may be necessary or incidental to the performance of operating functions.

 

Without limiting the generality of the foregoing, repairs and adjustments involving use of hand tools, will include the following:

 

(a)        remove and replace small valves, plugs and fittings as used for bleeds, drains, vents and sample connections.  (Spades not included);

 

(b)        connect/disconnect flexible hoses for use in cleaning, smothering leaks and heating lines;

 

(c)        connect/disconnect fittings to educt chemicals from containers;

 

(d)        connect/disconnect hoses on lube oil dispensing bars;

 

(e)        remove insulation to expose leaks, drains where easily accessible and removable;

 

(f)         remove and replace pressure gauges;

 

(g)        monitor, drain and change oil in equipment as required;

 

(h)        adjust and lubricate glands on valves, cocks;

 

(i)         connect/disconnect screwed piping and standard fittings for temporary situations such as venting, draining and steaming out arrangements.  Dismantle simple screwed piping.  (Operators will not thread pipe);

 

(j)         open, clean and/or replace filters and screens in pipelines and equipment, up to 4" diameter.  Replace filters in lines greater than 4" diameter, where fitted with V‑lok closures;

 

(k)        tighten swagelok fittings on pipelines and equipment;

 

(l)         isolate streams and/or equipment by removing/replacing caps, plugs and blanks on equipment and piping of diameters of up to and including 4";

 

(m)       connect/disconnect gas cylinder to manifolds;

 

(n)        in an emergency, take reasonable action necessary to protect personnel, plant, equipment and product (eg.  fit pipe clamps on leaks); and

 

(o)        perform any other similar task not involving the application of the general trade experience of recognised tradesmen.

 

3.2.2     Illustrative Examples of Associated Tasks

 

(a)        Use chemical, mechanical or steam cleaning devices as necessary.

 

(b)        Install stick-on signs or stencil information on pipelines and equipment.

 

(c)        Operate assigned vehicles and mobile equipment.

 

(d)        Connect/disconnect hoses to equipment (eg. pumps, compressors) and delivery vehicles.

 

(e)        Rack up all types of hoses used in the performance of associated tasks.

 

(f)         Connect portable electric leads as required.

 

(g)        Attend to all equipment lubrication and lubricating devices, grease valves and cocks, clean lube oil centrifuges, filters.

 

(h)        Clean plugged or fouled pipelines, drains by:

 

(i)         wrapping with steam hoses;

 

(ii)        adding detergent or chemicals; and

 

(iii)       mechanical rodding in simple cases.

 

(i)         Where easily accessible and on a "first aid" basis, apply "band aid" devices to leaks.

 

(j)         After appropriate training, use explosimeters as an additional safety aid and as supplementary to existing procedures.

 

(k)        Generally taking such reasonable action as may be necessary to make a plant area safe, eg.  erecting a simple barrier.

 

(l)         On plant plots, handle and store materials and/or chemicals.

 

(m)       Use installed or other lifting devices as are available to aid the performance of a Refinery Operator's duties.

 

3.2.3     Team Concept of Operation

 

(a)        It is accepted that an operator(s) on shift will assist outside their assigned area of designated responsibility (workload permitting) if they have the knowledge, ability and experience of the plant in question, however, the following guidelines will apply:

 

the operators primary responsibility is to the plant area they have been assigned to;

 

that the particular jobs that are assigned to them outside their designated area (plant) can be left at any time to return to their designated area (plant), should the operational need arise;

 

Senior Operators will allocate operators to areas (plants) as required.  This will require judgement by the Senior Operator as to priorities, planning and the use of available resources; and

 

where a call in may be required, the Senior Operator should consult with the Shift Controller to ensure that both the Shift Controller and the Senior Operator have all the required information to make an optimum decision with respect to resource allocation.

 

(b)        Laboratory Testing - Operators to perform testing on plants in addition to tests performed currently:

 

Distillation;

 

Specific Gravity;

 

Boiler Chemistry;

 

Cloud Point;

 

Colour;

 

Viscosity;

 

RSH;

 

Titration.

 

3.3  Refinery Operator Classifications

 

3.3.1     General Description

 

(a)        Senior Operator

 

An employee appointed as such by the Company who is qualified, capable and willing to perform all operator duties on an assigned complex and is responsible for safely and efficiently controlling such complex under the general supervision of a Shift Controller.

 

(b)        Operator Trainer

 

An employee appointed as such by the Company to assist in the assessment, management and implementation of training and competence plans in designated areas of responsibility.

 

The Operator Trainer will primarily work a 9-day fortnight, however it is foreseeable that situations may arise where it is appropriate that they spend time on shift. For example

 

to train others;

 

to maintain the currency of their own competencies; 

 

conduct training on new equipment that needs to be carried out within certain time constraints;

 

short periods as part of the Operating Shift team (including but not limited to emergency situations, major complex start-up/shutdown.

 

(c)        Relief Senior Operator

 

An employee appointed as such by the Company who is qualified, capable and willing to perform safely and efficiently any duties associated with the process or equipment on an assigned complex as required by a Senior Operator or Shift Controller under general supervision as necessary.

 

The Relief Senior Operator is to relieve the Senior Operator as required.

 

(d)        Rover

 

An employee appointed as such by the Company who is qualified, capable and willing to perform safely and efficiently any duties associated with the process or equipment on an assigned complex as required by a Senior Operator or Shift Controller under general supervision as necessary.

 

(e)        Panel Operator

 

An employee appointed as such by the Company to the position who is qualified and capable of carrying out the operation of a panel/s within the section.

 

e.g.	Process West	Panel 1 (utilities)
		Panel 2 (CDU)
	Process East	Panel (CCU)
		Day Panel

 

(f)         Day Liaison Operator (DLO)

 

The DLO provides extra resources during day work hours in the nominated Plant areas/complex.

 

The DLO will be required to handle the maintenance co‑ordination and priority setting for day-to-day maintenance work, in conjunction with the Senior Operator, Shift Controller and/or Plant Controller in addition to performing operational duties.

 

The DLO will work a 9-day fortnight and follow the pattern of maintenance crews on particular plants.  The DLO will not provide absentee coverage for shift crews except at the discretion of the Shift Controller in emergency situations

 

The appointed DLO will be a minimum category level 5 position as per clause 3.6 Category Structure of this Award i.e. they must be accredited in all outside operating positions on applicable Plant areas/complex. DLO’s appointed by the Company will attract a permanent category increase to the next populated level of the category structure as per clause 3.6 Category Structure of this Award.

 

The DLO will be required to rotate with other positions with an incumbent performing this role for approximately 6 - 18 months or another mutually agreed period. Nominations for the position will be called for; if no nominations are forthcoming the position will be filled by selection of the Company on a roster arrangement.

 

(g)        Panel Component Operator

 

An employee working under the supervision of a Shift Controller, Senior Operator or Rover, who is qualified, capable and willing to perform safely and efficiently such duties as are required by the Company associated with the process or equipment on an assigned complex.

 

(h)        Plant Operator

 

An employee who is qualified, capable and willing to perform safely and efficiently any duties associated with the process or equipment on an assigned complex as required by a Senior Operator or Shift Controller under general supervision as necessary

 

(i)         Trainee Operator

 

An employee undergoing the necessary orientation and training to enable safe and efficient performance as an operator.

 

(j)         Other Operator Roles

 

During the term of this Award other Operator roles may be introduced by the Company subject to Operational requirements for a defined period. These roles may typically be additional to the normal shift complement and may deal with specific aspects of the plant; technology; operational and/or planning process; Operator work practices, roles, responsibilities and/or structures. Examples of such roles include:

 

Operational Focal Points;

 

Special Projects Operators.

 

Payment of the relevant position will be determined by the Company on a case-by-case scenario in accordance with a category level specified in clause 3.6 Category Structure of this Award. Hours of work will be determined by the Company on a case-by-case scenario in accordance with Part 5 - Hours of Work of this Award.

 

3.3.2     Duties and Responsibilities

 

The following lists summarise the duties and responsibilities of operators.  These duties and responsibilities include but are not limited to the items listed.

 

(a)        Common Duties & Responsibilities:

 

(i)         Safe, clean and effective operation at all times of refining plant and associated equipment and according to instructions issued by the Company through its supervisors.

 

(ii)        Evaluation and reporting (verbally, written and through computer) of equipment performance and process conditions.

 

(iii)       Execution of running adjustments and minor repairs consistent with safe and effective operation.

 

(iv)       The preparation and isolation of equipment for maintenance.

 

(v)        The use of hand tools and equipment as necessary or incidental to the proper performance of operating functions.  This will include spanners, wheel keys, wrenches and screw drivers, motor vehicles, forklift trucks, gas testing and laboratory testing equipment, portable thermometers.  The repairs and adjustments which operators, using hand tools may make are set out in 3.2.1 above.  For guidance, illustrative examples of associated tasks are set out in 3.2.2 above.

 

(vi)       Is required to be familiar with all manuals, instructions and schedules associated with safety, operating and training relevant to the complex.

 

(vii)      Is responsible for ensuring the safe operation of the assigned area including the conduct of visitors to the plant and contractors working in the area.

 

(viii)     Is required to relieve in lower category jobs commensurate with knowledge, ability and experience and expected to undertake training as necessary to perform the duties as assigned by the Company commensurate with knowledge, ability and experience. 

 

(ix)       Perform sampling and testing of process variables and equipment. 

 

(x)        Minor administration tasks related to the job will be carried out as necessary.

 

(xi)       Write, review and amend procedures where appropriate. 

 

Operators will carry out these duties in accordance with the guidelines agreed by the parties.

 

NOTE: Procedure writing by "special duties" Operators (as the sparing ratio allows) should not cause shift Operators to cover this position with unreasonable levels of overtime.

 

(xii)      Operators will obtain the necessary WorkCover tickets stipulated in WorkCover regulations and as required by the Company.

 

For the term of the Award all refinery F.I.T. members can obtain a Heavy Rigid Truck Licence (NSW RTA). Gore Bay operators will obtain a Limited Coxswains ticket.

 

(xiii)     Laboratory testing will be carried out and the team support concept of operation will apply as specified in Clause 3.2.3(b)above.

 

(xiv)     Write, review and issue increased hazard permits.

 

(xv)      Actively participate on shift in

 

Job Safety Analysis (JSA);

 

Hazardous Operability Study (HAZOP);

 

Pre Incident Plans (PIP) (primarily on FIT training);

 

Asset Improvement Team (AIT); and

 

Walk and Talks (including an Operator specific Walk and Talk programme).

 

(b)       Plant Operator:

 

(i)         Is responsible to the senior operator on the complex for all aspects of the operation of the plant to which the operator is assigned.  Carries out the instructions of Senior Operator and Rover as required.

 

(ii)        Liaises closely with panel operators on all aspects of the control of the process/plant as required.

 

(iii)       Performs process monitoring and process stream sampling as required.

 

(iv)       Is required to have full knowledge of and be willing to relieve in all lower category jobs on the complex.

 

(v)        Is aware of the requirement to operate to maximise yields and minimise fuel costs within the constraints of product specification.

 

(vi)       Participates in and trains other operators and trainees, commensurate with knowledge, ability and experience.

 

(c)        Panel Component Operator:

 

(i)         Carries out the instructions of senior operators or panel operators as required.

 

(ii)        Is required to have full knowledge of and be willing to relieve in all lower category jobs on the complex.

 

(iii)       Participates in and trains other operators, and trainees, commensurate with knowledge ability and experience.

 

(iv)       Monitors performance/operation of equipment via the ICS screens, and liaise with the panel operator or senior operator as required.

 

(d)       Panel Operator:

 

(i)         Co-ordinates the work of other operators on the complex.

 

(ii)        Controls the process through such means as are provided to produce products within specification limits whilst maximising yields and minimising fuel costs.

 

(iii)       Carries out the instructions of Senior Operators as required.

 

(iv)       Is required to have full knowledge of and be willing to relieve in all lower category jobs on the complex.

 

(v)        Participates in and trains other operators, and trainees, commensurate with knowledge ability and experience.

 

(e)        Rover:

 

(i)         Co-ordinates the work of other operators on the complex.

 

(ii)        Controls the process through such means as are provided to produce products within specification limits whilst maximising yields and minimising fuel costs.

 

(iii)       Carries out the instructions of Senior Operators as required.

 

(iv)       Is required to have full knowledge of and be willing to relieve in all lower category jobs on the complex.

 

(v)        Participates in and trains other operators, and trainees, commensurate with knowledge ability and experience.

 

(f)        Relief Senior Operator:

 

(i)         Co-ordinates the work of other operators on the complex.

 

(ii)        Controls the process through such means as are provided to produce products within specification limits whilst maximising yields and minimising fuel costs.

 

(iii)       Carries out the instructions of Senior Operators as required.

 

(iv)       Is required to have full knowledge of and be willing to relieve in all lower category jobs on the complex.

 

(v)        Participates in and trains other operators, and trainees, commensurate with knowledge ability and experience.

 

(vi)       Relieve the appointed Senior Operator when required.

 

(g)       Senior Operator:

 

(i)         Directs and coordinates the work of other operators on the complex.

 

(ii)        Interprets, comments on and carries out the instructions of the Shift Controller.

 

(iii)       Monitors the safety and efficiency of operation, quality of products and ensures reporting and sampling are carried out as required.

 

(iv)       Administers operator overtime and leave.

 

(v)        Liaises with other units and complexes as required.

 

(vi)       Is required to follow and to have full knowledge of all manuals, instructions and schedules associated with safety, operating and training relevant to the complex.

 

(vii)      Ensures that the operators on the shift are fully trained by administering training and reporting to the appropriate staff supervisor the future requirements of the shift.

 

(viii)     Requisitions and accounts for all necessary process, operational and administrative materials as required.

 

(ix)       Ensures that plant and flare surveys are carried out as required. 

 

(x)        Provides assistance, advice and support to operators on the shift as necessary.

 

(xi)       Ensures that plant safety equipment is checked regularly and any repairs, reordering or maintenance is performed.

 

(xii)      Assists in the co-ordination and planning of plant safety meetings.

 

(xiii)     Is expected to attend senior operator meetings for the complex.

 

3.4        Acting Up

 

3.4.1     The parties and employees recognise that there may be, subject to Operational requirements, defined periods when Operators are required to act in a classified staff position i.e. those not covered by clause 1.2 Coverage of Award of this Award.

 

Examples of such classified staff positions include and are not limited to:

 

•           Shift Controller;

 

•           Plant Controller;

 

•           Scheduler;

 

•           Operations Safety Compliance Advisor;

 

•           Shore Officer.

 

3.4.2     In fulfilling the position the Operator will undertake the position’s normal duties, roles, responsibilities and work patterns.

 

3.4.3     The parties and employees recognise that the objectives in Acting Up include and are not limited to:

 

•           The development and enhancement of career path opportunities for Operators;

 

•           Providing Operators’ increased job satisfaction;

 

•           Increased operational flexibility.

 

3.4.4     The positions will be filled on the basis of Company appointment.

 

3.4.5     In recognition of increased responsibilities, disruption to normal work patterns etc. Operators appointed to such positions will be paid a suitable additional payment for the term of their appointment as defined in clause 4.1.2 Allowances of this Award.

 

3.5        Operator Job Training

 

3.5.1     Aim

 

To provide an Operator training in the skills and knowledge necessary to safely, competently and efficiently operate a section of the Refinery with little to no assistance or supervision.

 

The parties agree that the training of Operators requires continuous improvement during the life of the Award. Changes to the Operator Training system will be implemented after the parties reach agreement.

 

3.5.2     Scope

 

The Operator job training will consist of a combination of theory and practical skills.  The theoretical training will consist of a number of modules on general topics e.g. H2S safety, HF acid, distillation and those which are specifically job related e.g. pollution control, emergency procedures etc.  The theoretical and practical job training will be structured in that the operator will be required to demonstrate and complete a number of tasks under supervision.  Many of the tasks associated with a particular job will be developed "on the job" by peer training. 

 

3.5.3     Training

 

The practical training will be carried out on shift and be conducted by an experienced Operator on shift under the general supervision of the Shift Senior Operator.  The Operator conducting the training on shift must have completed a job assessment in the position for which the training is being conducted.  The scope of the job being learnt and the experience of the Trainee will determine the period of being doubled up with the Operator training him/her.  An operator must successfully complete job assessment in one job before moving on to another.

 

3.5.4     Time frame for Training

 

In most cases it will be 168 hours doubled up although this may be extended dependant on individual requirements.  It is important that during the 168 hours that continuity of training be maintained as far as possible but could be broken if needed to cover some short absence.  However that time would be added onto the Operator's time of training.

 

A further period of consolidation of up to 560 hours where the Operator will carry out the duties of the job under the supervision of the Senior Operator only (This period will be referred to as going "solo").  During this period the Operator will be progressively assessed in all tasks and skills related to the position.  This latter period is discretionary and is dependant on the experience, ability and confidence of the Operator.

 

3.5.5     Process

 

The shift Senior Operator should nominate the Operator/s for training and should prepare a 12 month plan and discuss the shift training with the Shift Controller and the Plant Controller.  Prospective Trainee's should be made aware of future training plans relating to themselves.

 

3.5.6     Job Knowledge Assessment

 

At the completion of the going "solo" period the Operator should have signed each page of the Tasks and Skills booklet indicating that they consider themselves able to perform the duties relevant to the job competently and safely.  The Senior Operator will discuss and agree or not that they are satisfied with the operators knowledge or whether further training is required by going through the Tasks and Skills book.  In order to ensure equivalent standards are applied across all shifts, the Plant Controller will carry out a final assessment.  The final assessment is not expected to be an in-depth evaluation of the Operator's knowledge but rather confirmation that the training and evaluation process has achieved its aims.  When the assessment has been successful the Plant Controller will initiate the relevant paperwork and forward it to the Pay Office and the Shift Controller.

 

3.6        Category Structure

 

 

The requirements for progression through the classification structure shall be:

 

 

NOTE: The above category structure and requirements for progression may also be varied via the Operator Establishment Levels & Category Structure Review provided for in Part 9 Leave Reserved of this Award.

 

EXPLANATORY NOTES

 

1.          The nominated Senior Operator will be expected to fulfil the duties of the Senior Operator at all times other than when absent from the shift eg.  annual leave, sickness, etc, refresher training on the panel or when a training acting senior operator is consolidating in the position.  During the nominated Senior Operators absence any relief senior operator acting in the Senior Operator position will be paid at acting senior operator rates.

 

Senior Operators will be offered the opportunity of obtaining Certificate IV Workplace Training and Assessment training at the Company’s expense for the life of the Award.

 

2.          Where there is more than one relief Senior Operator on a given shift, the relief senior operator who covers the majority of the incumbent senior operator's rostered absence (i.e. annual leave, refresher training) will be paid acting Senior Operator rates for their own annual leave in that calendar year.

 

3.          Only one relief Senior Operator on any given plant/shift will be paid acting Senior Operator rates on their annual leave in any given calendar year.

 

4.          Operators move upwards in category level based on all job assessments completed at present level, experience level and first job completed at higher level.  Once operators move to a higher level they must complete training/job assessment in all jobs at the new level.

 

5.          Progression through refinery outside positions, i.e. level 2 and level 3, does not require jobs to be learnt in any specific order, as number of jobs learnt and experience determines level movement, not what jobs are learnt.

 

CCU - alkylation position must be learnt before panel component

 

Movements - Movements outside jobs must be completed before panel component. assessment.

 

6.          Appointment to the positions of panel operator on the process plants and relief senior operator on all plants will be at the discretion of management premised on a needs basis.

 

These positions will be advertised.

 

The Company commits to a minimum of two (2) Relief Senior Operators on each shift at Gore Bay and Movements and three (3) Relief Senior Operators on Process East and West per shift, provided:

 

(a)        those operators to be trained have the necessary capabilities and competencies as set out in Clause 3.3 of this Award; and

 

(b)        Where a Relief Senior Operator is appointed by the Company as the DLO on a plant/complex, this shall be counted as a Relief Senior Operator for the above purposes

 

7.          The minimum experience guideline may in certain cases be put aside at the discretion of the Company.

 

8.          An Operator shall be eligible for appointment to the next designated position on the plant to which the employee is assigned:

 

(a)        when the operator has demonstrated to the satisfaction of the Company that the employee has the ability, knowledge, skills and qualifications and is willing to perform all operator jobs on the assigned plant or complex;

 

(b)        has obtained the knowledge, skills and qualifications necessary to perform the next designated position;

 

(c)        is willing, commensurate with ability, to obtain the knowledge, skills and qualifications necessary to be eligible for appointment to all higher category positions.

 

Part 4

 

Annualised Salary and Related Matters

 

4.1        Annualised Salary (Wages)

 

Any employee of a classification as set out in Clause 3.6 of this Award, shall be paid per month the wage assigned to that classification contained in Table 1 of this Award.  The rates of pay recognise the total scope of work performed by operators (including first aid, emergency response, and fire control activities) at the making of this Award.  The annualised salary is defined to include the following components:

 

Base Rate - standard pay for a 35 hour week.

 

Shift penalty - 41.86% of base rate (incorporating a public holiday allowance of 7.1%).

 

Flexible Hours Allowance - 3 hours per week at overtime (double time) rates (see Clause 4.5 below).

 

Clyde Miscellaneous Allowance - replacing previously paid allowances for meals, telephone, travel time and use of own car (except for Gore Bay operators required to travel between Gore Bay and Clyde Refinery).  See Clause 4.1.2 Allowances and 4.6 Clyde Miscellaneous Allowance below.

 

First Intervention Team Allowance (if applicable) - See Clause 4.7 First Intervention Team Allowance below.

 

4.1.1     Wage Rates

 

The base wage rates ($ per annum) to be paid under this Award are listed in Table 1 below.

 

TABLE - 1

 

 

4.1.2     Allowances

 

Change of shift allowance - Twelve (12) hours at single time.

 

Shift Premium (including Public Holiday premia) - 41.86% of base wage.

 

Clyde Miscellaneous Allowance - will be paid at the rate of $2278; $2369 effective as of 1 September 2006; $2464 effective 1 February 2007; $2562 effective 1 February 2008 and will be increased by the same percentage movements as the base wage thereafter.

 

Flexible Hours Allowance - 3 hours per week at overtime (double time) rate.

 

First Intervention Team (FIT) Allowance - $3000 per annum see 4.7 First Intervention Team Allowance below.

 

Acting Up Payment - $40.00 per 8 hour shift worked or $60.00 per 12 hour shift worked. The Acting Up Payment is not an "all purpose" allowance and will not increase during the term of this Award.

 

4.2        Superannuation Treatment of Annualised Salary

 

The annualised salary will be treated in the following manner for superannuation purposes:

 

Base salary - retrospectively pensionable;

 

Shift penalty - prospectively pensionable;

 

Flexible Hours Allowance - prospectively pensionable;

 

Clyde Miscellaneous Allowance - retrospectively pensionable;

 

Overtime Payments - not pensionable;

 

FIT Allowance (if applicable) - not pensionable;

 

Acting Up Payment - prospectively pensionable.

 

For the purposes of this clause "retrospectively pensionable" means commencing from the date the employee joined the superannuation fund and for any periods of service bought back by the employee.

 

For the purposes of this clause "prospectively pensionable" means for all periods that the relevant allowance was paid to the employee.

 

4.3        Payment Of Wages

 

4.3.1     Wages and allowances shall be paid monthly by electronic funds transfer into a bank account nominated by the employee.  In the event of a failure in the banking system causing late lodgement of payment to an employee's financial institution account, payment will be effected by cash, cheque or electronic funds transfer in accordance with arrangements made locally.

 

4.3.2     Upon termination of employment, wages due to an employee shall be paid to the employee on the day of such termination or forwarded to the employee by post on the next working day.

 

4.3.3     It shall be a full discharge of the obligations and rights accruing from week to week under Clause 5.2, Rosters, to average over a full shift cycle the payments accruing from shift work to a shift worker.  This provision shall apply even if a shift worker fails for any reason to work a full shift cycle.

 

4.3.4     During the term of this Award the Company undertakes to continue payment of wages on the 20th of each month.

 

4.4        Overtime

 

All overtime will be paid at the rate of double time.

 

Overtime will be for a minimum of six hours.

 

Overtime worked on designated public holidays will be paid at the rate of triple time.

 

4.5        Flexible Hours Allowance

 

The Flexible Hours Allowance (FHA) is set at three (3) hours per week at overtime rates.  The FHA is not to be viewed as a bank of hours which has to be all worked.

 

The FHA covers the following items:

 

those agreed items in Table 2 below;

 

casual absences of up to and including four (4) consecutive 12 hour shifts due to illness, injury, jury duty, bereavement leave, personal/carers leave and parental leave; and

 

plant restarts of up to and including four (4) consecutive 12 hour shifts.

 

If a casual absence continues for a period of over four shifts on consecutive days all operators involved in using FHA will be paid overtime back to the start of the absence. 

 

"Consecutive" is defined as including an absence that extends across a shift break where that absence is covered by medical certificate/s. 

 

If a plant restart continues for a period of over 48 consecutive hours all operators involved in using FHA will be paid overtime back to the start of the plant restart period. 

 

The operation of the FHA will be reviewed by a Monitoring Committee on a monthly basis for the term of this Award.

 

Overtime hours should be used in the following circumstances:

 

(a)        shortfalls in the roster that are the result of Company agreed annual leave, long service leave or Operators assigned to special projects;

 

(b)        shortfalls in the roster that are the result of training necessary for restructuring or Company initiated category progression training;

 

(c)        light duties (inability to fulfil any normal duties);

 

(d)        study leave (for current students) and where such leave is granted by the Company in the future;

 

(e)        defence training;

 

(f)         bush fire brigade (voluntary) absences for fire fighting;

 

(g)        sporting leave (including the Zaaire Cup).  This leave is not often used and will be granted at the discretion of the Company and if agreed overtime will be paid;

 

(h)        sickness that results in continuous on/off absence from work or for regular ongoing treatment; and

 

(i)         restricted duties (i.e.  time or function limited duties).

 

Table 2 - Agreed Items under the Clyde Flexible Hours Allowance (FHA)

 

 

*It is agreed by the parties to this Award that every endeavour must be made to complete tasks with normal shift crewing.  Additional operators to carry out tasks can only be authorised by the Shift Controller in conjunction with the Senior Operator and when this occurs overtime will be paid (refer Clause 3.2.3 above).

 

4.6        Clyde Miscellaneous Allowance

 

The Clyde Miscellaneous Allowance will be paid at the rate specified in clause 4.1.2 Allowances of this Award.

 

A meal money provision of $603.20 (65 Meals x $9.28) per annum is incorporated in this allowance.

 

4.7        First Intervention Team Allowance

 

A First Intervention Team (FIT) Allowance of $3000 per annum will be paid for eligible employees. 

 

All Gore Bay Operators will be members of the FIT except where special personal circumstances exist.

 

The FIT will be established on the following basis:

 

At all times the FIT complement is to be a minimum of 60 Operators. It is a condition of employment that all Operators employed on or after 1st October 2004 can be directed by the Company to be on the FIT;

 

The Shift Controller will ensure that a minimum of 6 FIT members will be available from the shift to respond to emergencies at the Clyde site at all times;

 

Day shiftworkers who are suitably accredited FIT members will be available as additional FIT members at the discretion of the Incident Commander. Day shift workers who are FIT qualified will report to the Shift Controller at the start of every shift and notify them of their day’s roster.

 

all FIT members are required to have current medicals;

 

FIT members will be required to remain part of the FIT for the term of this Award;

 

The parties agree that FIT members will not be required to respond to confined space rescues;

 

FIT members will respond to pipeline emergencies and oil spill responses; and

 

For the life of the Award training for FIT members will be on the basis of a minimum 2 x 12 hour days at overtime rates during the year of attendance at the Advanced Fire training course. The alternate year will consist of a minimum of 3 x 12 hour days at overtime rates.  The Shift Controller will ensure that each FIT member undertakes the appropriate training. Training should be arranged in consultation with the shift’s FIT.

 

4.8        Mixed Functions

 

An employee engaged on any shift, on work carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for the whole of the employee's ordinary working hours on that day or shift.

 

4.9        Transport Of Employees

 

When an employee, after having worked overtime, or a shift for which the employee has not been rostered, finishes work at a time when the employee's normal means of transport or reasonable means of public transport are not available, the Company shall provide the employee with transport to the employee's home and return, or pay the employee at the employee's ordinary-time rates for the time reasonably occupied in reaching his/her home.

 

4.10      Day Shiftworkers

 

A Day Shiftworker (including new Operators undertaking their initial training) shall be paid shift penalties and other entitlements as if a continuous shiftworker (see 5.3 below).

 

Part 5

 

Hours of Work

 

5.1        Standard Hours

 

Subject to 5.2 below the ordinary hours of work for Operators employed under this Award will be an average of 35 hours per week worked in accordance with the Standard Hours (Oil Companies) Award 2003 (being an Award of the Australian Industrial Relations Commission).

 

5.2        Rosters

 

5.2.1     Twelve (12) hour shifts

 

(a)        The Company will require employees under this Award to work in accordance with a twelve (12) hour five (5) panel shift roster.

 

(b)       This clause shall apply to shift work arranged for continuous and successive shifts throughout a week of 168 working hours.  The ordinary hours of such shift workers shall be in accordance with clause 4.1 and sub-clause 5.4 of the Standard Hours (Oil Companies) Award 2003 provided however that subparagraphs 5.4.2 of the Standard Hours (Oil Companies) Award 2003 shall not apply.

 

(c)        No employee under this Award is to work beyond 14 hours at a time on a single shift.

 

5.2.2     Operator Establishment including Sparing

 

It is agreed that the operator establishment complement including sparing will be as follows:

 

Table 3 - Operator Establishment levels including sparing

 

 

NOTE (1): As per the People Planning provision of clause 2.1 Ongoing consultations with the Refinery Operators Group on matters of mutual interest of this Award the number of Spares may be varied by the parties through the consultation process.

 

NOTE (2): The above Operator Establishment Levels may be varied via the Operator Establishment Levels & Category Structure Review provided for in Part 9 Leave Reserved of this Award.

 

5.2.3     Recruitment

 

Upon an employee providing written advice of resignation of employment the recruitment process will be initiated when the establishment number of Operators falls below 138 during the term of this Award unless the number of Operators exceeds 138 at the time of that resignation. 

 

5.2.4     Time Owed from Roster

 

The 72.8 hours which arises as a function of the shift roster shortfall in hours below an average of 35 hours per week during each roster cycle will be absorbed into the roster as additional shifts and/or training time.

 

Time owed from the roster will be dealt with on the following basis:

 

four (4) twelve (12) hour training days will be rostered for each shift throughout the year for generic training

 

two (2) additional days of twelve hours duration will be rostered each year.  Employees may elect to offset these hours against annual leave, long service leave or carry 24 hours over into the next calendar year.

 

5.2.5     Standby Roster

 

Standby rosters will be established for the coverage of FHA and overtime.

 

5.2.6     Hours

 

(a)        An average of 35 hours per week shall be worked over the complete shift cycle.

 

(b)       The ordinary hours of such shift workers shall not exceed twelve (12) in any day, inclusive of crib time.

 

(c)        Shift Transfers:

 

Until the expiration of 5 days notice of the specified shift on which the employee is to work, an employee shall, for all time worked on that specified shift be paid at the rate of double time. 

 

(d)       Day and Night Shift Spread of Hours:

 

(i)         "Day Shift" means any shift commencing after 6.00 a.m. and finishing at or before 7.00 p.m., where such shift forms part of a rotating or alternating shift work pattern.

 

(ii)        "Night shift" means any shift commencing on or before 7.00p.m. and finishing before 8 a.m.

 

(e)        Sunday Work:

 

The minimum rate to be paid to a shift worker for work performed on a shift the major portion of which falls between midnight on Saturday and midnight on Sunday shall be double time. 

 

(f)        Extra Rates not Cumulative:

 

The rates provided in paragraph (e) of this subclause shall be in substitution for and not cumulative upon the shift allowance prescribed in Clause 4.1 of this Award. 

 

(g)       Overtime:

 

Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this Award shall be paid at the rate of double time; provided that no continuous shift worker shall be paid for overtime worked at any time at a lesser rate than is payable to an employee performing their normal shift at such time. 

 

(h)       Meal Interval:

 

Twenty minutes shall be allowed to all shift workers each shift for crib which shall be counted as time worked.  An employee shall not be required to work for more than five hours without a break for a meal.

 

(i)         Calculation of Working Times:

 

The hours of work shall commence and finish at the plant or facilities where work is to be performed.

 

(j)         Cancellation of Overtime:

 

(i)         If notice cancelling the instruction is sent or telephoned to the employee's registered address before the employee would normally have left to commence work, the employee shall be paid a minimum of six hours at the employee's ordinary-time rate of pay in the case of overtime scheduled on a day on which an employee is not rostered to work an ordinary shift.

 

Provided that an additional penalty shall not be payable if the employee is not at the registered address when notice of cancellation is delivered or telephoned and the employee subsequently reports for work.

 

(ii)        For the purpose of this clause registered address shall mean the address recorded by the employer.

 

5.3        Day Shiftworker Roster and Hours

 

Continuous shift workers who from time to time may be assigned to Day Shiftworker duties only shall be rostered to work an eight (8) hour day shift on a nine (9) day fortnight basis.  Meal breaks shall be in accordance with those of continuous shift workers and shall be counted as time worked.

 

5.4        Rest Periods (Ten Hour Break)

 

The Union and the Company agree that appropriate rest periods should be taken between successive work periods.

 

Accordingly, the Union, their members and the Company will cooperate in establishing work arrangements which will provide for rest periods of at least 10 hours for shift workers without loss of pay during such absence.

 

If on the instructions of the Company an employee resumes or continues work without having a 10 hour break the employee shall be paid overtime until being released from duty and the employee shall be entitled to 10 consecutive hours off duty without loss of pay during such absence.

 

Part 6

 

LEAVE

 

6.1        Annual Leave

 

The underlying entitlement of employees under this Award is the Annual Holidays Act 1944, as amended.

 

6.1.1     In addition to the leave hereinbefore prescribed, seven-day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed seven consecutive days leave including non-working days.

 

6.1.2     Where an employee with twelve months' service is engaged for part of the twelve-month period as a seven-day shift worker, the employee shall be entitled to have the period of leave prescribed in sub-clause 6.1.1 of this clause increased by half a day for each month the employee is engaged continuously, as aforesaid.

 

6.1.3     Shift workers on continuous shift shall, during their absence or annual leave, be paid as if at work.  The shift penalty (see 4.1 above) is in lieu of a 22½ % annual leave loading.

 

6.1.4     Local arrangements provide for 248 hours annual leave per annum for continuous shift workers.

 

6.1.5     Public holidays will be credited if they fall during the leave period, and the leave will be extended by one day for each Public holiday.

 

6.2        Sick Leave

 

6.2.1     An employee who is absent from work on account of personal illness or incapacity shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

 

(a)        The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to worker's compensation.

 

(b)       Where practicable the employee shall notify the nominated representative of the Company prior to the commencement of the employee's next period of work, and in any case the employee shall within 24 hours of the commencement of such absence inform the Company of the employee's inability to attend for duty and, as far as practicable, state the nature of the illness or incapacity and the estimated duration of the absence.

 

(c)        The employee shall prove on account of such illness or incapacity that the employee was unable to attend for duty on the day or days for which sick leave is claimed.

 

(d)       The employee shall not be entitled in respect of any year of service with the Company to leave in excess of five (5) days in the first year of service and ten (10) days in any subsequent year of service.  Provided that sick leave shall accumulate from year to year so that any balance of the period specified herein which has in any year not been allowed to an employee by the Company as paid sick leave may be claimed by the employee and subject to the conditions hereinbefore prescribed shall be allowed by that Company in a subsequent year without diminution of the sick leave prescribed in respect of the year.  Provided further that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of 10 years but no longer from the end of the year in which it accrues.

 

6.2.2     An employee is not entitled to sick leave for more than two absences each of a single day in any one year of service without the production (if requested by the Company) of a certificate, from a qualified medical practitioner.  Nothing in this subclause shall limit the Company's rights under paragraph (c) of subclause 6.2.1 hereof.

 

6.3        Long Service Leave

 

Employees accrue long service leave at the rate of 520 hours for each ten (10) years of service.

 

The provisions of the Oil Industry (Long Service Leave) Award 2000 are deemed to regulate long service leave for the purposes of this Award, and in so far as that Award and the Long Service Leave Act 1955 are inconsistent, the Oil Industry (Long Service Leave) Award 2000 shall prevail.

 

6.3.1     Long Service Leave Key Entitlements

 

6.3.1.1 Amount of Leave: After 1 Jan 1985

 

(a)        The amount of long service leave entitlement for an employee who has completed at least ten years service with the Company from 1 January 1985, will be:

 

(i)         thirteen consecutive weeks' leave for ten years so completed;

 

(ii)        thirteen consecutive weeks' leave in respect of each ten years' service since the previous long service leave entitlement; and

 

(iii)       on the termination of the employee's employment, a proportionate amount calculated on the basis of thirteen consecutive weeks' leave for ten years' service, for the number of years served since the previous long service leave entitlement.

 

(b)       In the case of an employee who has completed at least five years' service with the Company, and who is terminated for any cause other than serious or wilful misconduct, the entitlement is based on a proportionate amount of thirteen consecutive weeks' leave for ten years' service.

 

(c)        For continuous shift workers, the entitlement to long service leave is granted in working shifts and not calendar weeks.  Therefore the ten year service entitlement to long service leave is not thirteen calendar weeks, but 43.3 12 hour shifts (520 hours).

 

6.3.1.2 Amount of Leave:  Prior 1 January 1985

 

For an employee who commenced employment prior to 1 January 1985, the amount of long service leave entitlement is the sum of the following:

 

(a)        for service prior to 1 April 1963, thirteen weeks consecutive weeks leave after twenty years' continuous service;

 

(b)        for service between 1 April 1963 and 31 December 1984, thirteen consecutive weeks' leave after fifteen years' continuous service.

 

6.3.1.3 Payment for Period of Leave or Upon Termination of Employment

 

Payment on long service leave will be made at the employee's ordinary rate of pay and will include:

 

Basic Rate;

 

Shift premia (including Public Holiday Allowance);

 

Clyde Miscellaneous Allowance;

 

Flexible Hours Allowance (FHA);

 

FIT Allowance (if applicable).

 

6.3.1.4 Taking of Leave

 

Accrued long service leave may be taken as soon as practicable after the accrual date, having regards to the needs of the Company, or at such times as agreed between the Company and the employee. 

 

Public holidays will be credited if they fall during the leave period, and the leave will be extended by one day for each Public holiday.

 

6.3.1.5 Granting Leave in Advance

 

In special circumstances, provided that an employee has completed at least five years' service, the Company may grant long service leave before it has accrued.  No further leave entitlement will occur until the next accrued date.  If the employee leaves the Company before the leave has accrued, the Company will deduct from final pay the value of any excess leave taken.

 

6.3.1.6 Payments on Leaving the Company

 

On the termination of service, any long service leave to which the employee was entitled but has not been taken, shall be paid in line with the Oil Industry (Long Service Leave) Award 2000.

 

Upon termination of service with the Company long service leave will be paid out as if the employee were at work.

 

6.4        Bereavement Leave

 

An employee shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death of the employees' husband, wife, father, mother, sister, brother, child, step-child or parents-in-law, grandparents or grandchildren.  For the purpose of this clause the words "wife" and "husband" shall include de facto wife or husband or life partner, and the words "father" and "mother" shall include foster father and mother.

 

6.5        Parental Leave

 

An employee shall be entitled to Parental Leave as defined in the relevant legislation, and granted as per Company Policy documented in the Personnel Policy Manual.

 

6.6        Personal/Carer's Leave

 

The provisions as determined by the State Personal/Carer's Leave Case - August 1996 (68 IR 308) and the State Personal/Carer's Case 1998 (Unreported 10 December 1998) are deemed to regulate Personal/carer's leave for the purposes of this Award.

 

6.7        Jury Service

 

Subject to the production of satisfactory evidence, an employee required to be absent from work due to jury service will be reimbursed by the Company for any loss of wages.

 

Employees are not expected to attend work on weekends during a period of continuous jury duty where that jury duty bridges any weekend.

 

6.8        Public Holidays

 

6.8.1     Unless the employee is required to work by the Company, an employee shall be entitled to the following public holidays without deduction of pay:  New Year's Day, Australia Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, the Queen's Birthday, August Bank Holiday, Eight-hour Day, Christmas Day, Boxing Day, and any other additional day proclaimed as a holiday throughout the State.

 

6.8.2     When Anzac Day falls on a Saturday or a Sunday, the following Monday or the day gazetted by State Government of New South Wales to be observed as the Anzac Day holiday shall be substituted for Anzac Day.

 

6.8.3     An employee called upon to work overtime on any of the holidays above shall be notified the day before and shall be paid triple time for all time worked with a minimum payment of six hours.

 

6.8.4     The rates hereinbefore prescribed in this sub-clause shall, in the case of all shift work, be deemed to include all shift allowances prescribed in Table 1 of this Award.

 

6.8.5     An employee notified to attend for work on a holiday which is not so worked shall be paid at holiday rates for six hours.  Provided that this subclause shall not apply where an employee who has already been notified to attend for work is given a minimum of 24 hours' notice that the attendance is not so required.

 

6.8.6     When an employee is absent from work on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

 

Part 7

 

Union Matters

 

The parties to this Award recognise that Union membership and employee involvement through their Union provides a positive contribution to effective and productive performance.

 

The Company recognises the role of the Union in representing employees as well as the need to develop and maintain effective communications.

 

7.1        Right Of Entry

 

See Chapter 5, Part 7 of the Industrial Relations Act 1996.

 

7.2        Union Delegate

 

An employee appointed Union Delegate shall upon proper notification by the Union to the Company, be recognised as the accredited representative of the Union and shall be allowed the necessary time during working hours to interview the Company or the Company's representative on matters affecting the employees whom the delegate represents, but the employee must first obtain permission from the supervisor to leave the employee's place of work.

 

7.3        Notice Board

 

The Company shall permit the Union to display on notice boards any notice dealing with legitimate Union business, provided that such notice is authenticated by the signature of an accredited representative of the Union.

 

7.4        Union Business

 

The ROG will be allowed paid time on 20 working days per annum to attend to union business including but not limited to:

 

(a)        CFMEU Board of Management and Executive;

 

(b)        Australasian Refinery Operatives Committee (AROC);

 

(c)        Trade Union Training Authority (TUTA or its successors) training.

 

7.5        Union Training

 

The Company shall provide access to authorised CFMEU training by agreement with the ROG.

 

7.6        Time in lieu

 

Time in Lieu is granted to continuous shift operators (including ROG members) who are rostered off but are required by the Company to attend activities outlined in Table 2 of clause 4.5 of this Award.

 

Time in lieu will be granted by the Company in six or twelve hour blocks.

 

7.7        Payroll Deductions

 

The Company shall, with the employee’s consent, deduct union dues from the employees monthly pay and remit such deductions to the Union.

 

Part 8

 

Gore Bay Terminal Operations

 

8.1        Boiler Operation

 

The boiler will be operated with remote attendance by any ticketed operator from the panel room, and as required, from the boiler house.  The current boiler operator will be assigned the following duties:

 

routine attendance of the boiler (unattended for up to 20 minutes);

 

logging of the boilers and the air compressor;

 

water testing;

 

loading of the Amorena of normal loads;

 

loading of tugs, FSI road wagon or drums;

 

tank gauging checks;

 

assist the shift in normal operation when required.

 

8.2        Ship Connections and Disconnections

 

Ship connections and disconnections employees will be completed by operators within the current crew numbers.  An accreditation program to ensure that all operators are fully aware of the requirements for ship connections/disconnections will be required. 

 

8.3        Fourth Operator

 

The fourth operator, when not covering annual leave, long service leave and training, will cover the following duties:

 

•           casual absences;

 

•           loading navy gas oil to Amorena;

 

•           forming part of the hook-up crew when lube oil bunkers are required;

 

•           checking the fire system i.e. Base foam system with the ESO’s, base;

 

•           foam valves and pump circulation, and fire boxes;

 

•           project work;

 

•           wharf watch (refer 8.4 below).

 

8.4        Wharf Watch

 

Use of Fourth Operator:  whenever possible, wharf watch is to be covered by the fourth operator on shift.  This will need to be balanced by other demands on the use of the fourth operator.

 

Relief Management:  to provide relief for the assigned wharf watch operator, an extra operator will be provided for a single six-hour period during day shift.  Relief is otherwise to be provided by the on-shift crew, or if a necessarily deemed requirement, an extra operator may be arranged at the Senior Operator's discretion.

 

Example:  if the Amorena requires loading during afternoon shift, it is anticipated that the Senior Operator may arrange an extra operator.

 

8.5        Shore Officers

 

Number of Reliefs:  three operators will be appointed to provide Shore Officer relief.

 

Method of Selection:  applications will be sought from all current Gore Bay Terminal operators and selected candidates will undergo an interview process.  The successful applicants will be chosen on the basis of merit.

 

Availability:  it is expected that the appointees will cover planned absences and those casual absences of 3 days or more, as required.

 

A minimum of two weeks acting in the Shore Officer role will be essential to ensure the maintenance of necessary skills.  The Company will ensure each appointee has appropriate opportunity to fulfil this requirement.

 

8.6        Gore Bay Day Liaison Operator

 

The duties for the Gore Bay DLO will essentially be the same as that of the Refinery DLO.  It is specifically agreed by the parties that the DLO will also be available to undertake (but not limited to) the following tasks (where appropriate and at the direction of the Gore Bay Senior Operator):

 

•           Ship connections and disconnections;

 

•           Cover for Wharf Watch meal relief; and

 

•           Attend tank maintenance meetings (time permitting).

 

Part 9

 

Leave Reserved

 

The parties to this Award agree that the following matters will be subject to further discussion, and where agreed, implementation during the term of this Award in accordance with the processes provided for below:

 

•           Gore Bay

 

Opportunities for Gore Bay employees engaged under this Award to undertake work currently undertaken by Shore Officers will be jointly reviewed by the Union and the Company during the term of this Award.

 

•           Operator Establishment including Sparing (Clause 5.2.2)

 

(a)        Operator Establishment Levels and Category Structure Review

 

The parties and employees commit to conduct during the nominal term of the Award an Operator Establishment Levels and category structure review post major projects and competency improvement programme.

 

(b)        Process West - BRU

 

Operator consultation, involvement and training will take place in the development and planning of the Benzene Reduction Unit ("BRU") plant commissioning, construction and operation.

 

The parties agree to review the operation of the shift position on Process West that combines the "Platformer" and the BRU no more than 6 months after its implementation, and its effect on other positions directly involved.

 

(c)        Process East - Operator Establishment levels

 

The parties agree to a review of the current Clyde CCU Operator establishment levels ("the review") during the term of this Award. 

 

The parties agree Shell Global Solutions (SGSi) and an agreed and appropriately independent and expert person (should one be sourced) will conduct the review.

 

The review will include:

 

1.          Assess the ease of operability of the current process control facilities of the CCU complex through:

 

a.          The performance of the baselayer control loops;

 

b.         Advanced Process Control;

 

c.          Instrumentation performance;

 

d.         Overall automation platform performance; and

 

e.          Any other item agreed by the consultants.

 

2.          Determine whether the current Operator establishment levels are appropriate for the CCU complement given the assessment in point 1. above. This includes current panel backup measures in place during plant upsets; and

 

3.          Identify other control performance improvement opportunities.

 

The review will be supplied with access to the appropriate people, resources and information that is required to adequately complete the review. 

 

The review will be undertaken within 6 months of the date of certification of this Award. 

 

If, as a result of the review, a trial of Operator establishment levels on Process East is required, both parties will conduct the trial without any artificial barriers over an agreed timeframe.

 

Any changes to the Operator establishment levels on the CCU will be implemented after the parties reach agreement.

 

 

 

F. MARKS J

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.