Boral EMU Plains Quarry (State)
Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Boral
Construction Materials Group Limited.
(No. IRC 1242 of 2006)
Before The Honourable Justice
Walton, Vice-President
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15 March 2006
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AWARD
INDEX
Clause No. Subject Matter
PART A
1. NEW AWARD
1.1 Preamble
1.2 Commitment
2. DICTIONARY
2.1 Definitions
3. PARTIES
AND APPLICATION
3.1 Application
3.2 Replacement
3.3 Supersession
3.4 Commencement
4. CONTRACT
OF EMPLOYMENT
4.1 Weekly Employment
4.2 Probation
4.3 Resignation
4.4 Boral Termination Option
4.5 Part Time Employment
4.6 Casual Employment
4.7 Change In The Nature Of Your Contract Of Employment
5. CONSULTATION
5.1 The Committee
5.2 Sub-Committees
5.3 Proceedings
5.4 Functions
5.5 Powers
6. REDUNDANCY
6.1 Preservation of Employment
6.2 Selection
6.3 Introduction of Change
6.4 Redundancy Pay
6.5 Resignation During Notice of Redundancy
7. DISPUTES
PROCEDURE
7.1 Steps
7.2 Continuation of Normal Work
8. CLASSIFICATIONS
8.1 Levels
8.2 Skills
8.3 Rates Of Pay
9. TRAINING
9.1 Training Program To Be Established
9.2 Training Program
10. TRAINING
AND PROGRESSION
10.1 Provisional Accreditation and Reclassification
10.2 Progression Assessment
10.3 Assessor And Appeal
10.4 New Skill Recognition
10.5 Progression To New Classifications in Clause 8.1
10.6 Failure To Gain Recognition
10.7 Reassessment To Gain Recognition
10.8 Further Failure To Gain Recognition
10.9 Level While Training
10.10 Payment For Training
10.11 Course Fees
11. TEAM
LEADER AND ASSESSOR SKILLS
11.2 To Become A Team Leader Or Assessor
11.3 Use Of Team Leader And Assessor Skills
12. RECOGNITION,
REASSESSMENT AND REDUNDANT SKILLS
12.1 Timing Of Reassessment
12.2 Failure Of A Reassessment
12.3 Further Failure And Reclassification To A Lower Level
12.4 Assessor And Appeal
12.5 Redundant Skills
13. WORK
PRACTICES
13.1 Using Skill As Directed
13.2 Rotation From Primary Skill
13.3 Ascertaining A Primary Skill
13.4 Change To Nominated Primary Skill
13.5 To Avoid Doubt
14. PAYMENT OF
WAGES
14.1 Electronic Funds Transfer
14.2 Late Pay
15. TOOLS
15.1 Supply of Tools
16. FIRST AID
16.1 Certificate
17. TEMPORARY
TRANSFER
17.1 Transfer Terms
18. HOURS OF
WORK
18.1 Average Week
18.2 Spread of Hours
18.3 Ten Hour Days
18.4 Change to or from Shift Work
18.5 Rosters
18.6 Change to Rosters
18.7 Afternoon Shifts
18.8 Night Shifts
18.9 Saturday Shifts
18.10 Sundays and Holidays
18.11 Holidays
19. METHOD OF
WORKING THE 38 HOUR WEEK
19.1 Work Cycles
19.2 Accumulation of Rostered Days Off
19.3 Rostered Days Off on Public Holidays
19.4 Accrual
19.5 Taking a Rostered Day Off
20. MEAL
BREAKS
20.1 Work Before Break
20.2 Continuity of Operations
20.3 Staggering Breaks
20.4 Meal Breaks for Shift Workers
20.5 Working Through a Meal Break
21. REST
BREAKS
21.1 Daily Break
21.2 Staggering
21.3 Continuous Operation
21.4 Shift Workers
22. SUNDAYS
AND HOLIDAYS
22.1 Holidays
22.2 Absence
22.3 Working on a Holiday
22.4 Sundays
23. OVERTIME
23.1 Payment
23.2 Day Stands Alone
23.3 10 Hour Rest Period
23.4 8 Hour Rest Period for Shift Workers
23.5 Call Back
23.6 Overtime Bonus and Breaks
23.7 Not Required to Work Overtime
23.8 Weekend Crib Breaks
23.9 Weekend Minimum
24. ANNUAL
LEAVE
24.1 Entitlement
25 ANNUAL
LEAVE LOADING
25.1 Payment of Loading
25.2 Calculation of Loading
25.3 Shift Workers
26. LONG
SERVICE LEAVE
26.1 Entitlement
27. PARENTAL
LEAVE & PERSONAL/CARER’S LEAVE
27.1 Parental Leave
27.2 Personal/Carer’s Leave
27.3 Unpaid Leave for Family Purposes
28. BEREAVEMENT
LEAVE
28.1 Entitlement
29. JURY
SERVICE
29.1 Entitlement
29.2 Notification
30. SICK LEAVE
30.1 Entitlement
30.2 Notification
30.3 Workers Compensation
30.4 Accumulation
30.5 Absent on Holidays and Rostered Days Off
31. PROTECTIVE
CLOTHING
31.1 Entitlement
32. PROTECTIVE
EQUIPMENT
32.1 Entitlement
33. USE OF CAR
33.1 Allowance
34. SALARY
INCREASE
35 FARES
35.1 Payment
36. ADDITIONS
TO WAGE
36.1 Allowances
37. DELEGATES
37.1 Appointment
37.2 Time
38. COUNSELLING
38.1 Procedure, Unsatisfactory Performance
38.2 Misconduct
38.3 Validity Of Warnings
39. KITCHEN
39.1 Tea and Coffee
40. TIMEKEEPING
40.1 Decimal Proportion
40.2 Latecomers
41. RAIN
41.1 Working in the Rain
42. LEAVE
RESERVED
42.1 Clauses
43. ANTI
DISCRIMINATION
43.1 Obligation
44. 2003
FATIGUE MANAGEMENT PROGRAM SATURDAY NO DISADVANTAGE
44.1 Preamble
44.2 Entitlement
45. SUPERANNUATION
BENEFITS
45.1 Obligation
46. WAGES
SACRIFICE’ IN RETURN FOR INCREASED EMPLOYER FUNDED SUPERANNUATION
46.1 Preamble
46.2 Wages Sacrifice Election
46.3 Boral to Fund Increased Superannuation
46.4 Change or Ceasing Elected Amount
46.5 Cessation & Suspension of Wages Sacrifice Election
46.6 Workers Compensation
46.7 Age Based Contribution Limit
PART B
TABLE 1A - RATES OF PAY (NO WAGES SACRIFICE)
TABLE 1B
- RATES OF PAY (WITH WAGES SACRIFICE)
TABLE 2 - OTHER RATES AND ALLOWANCES
SCHEDULE ‘A’
SCHEDULE ‘B’
SCHEDULE ‘C’
SCHEDULE ‘D’
SCHEDULE ‘E’
SCHEDULE ‘F’
SCHEDULE ‘G’
SCHEDULE ‘H’
SCHEDULE ‘I’
SCHEDULE ‘J’
PART A
1. New Award
1.1. Preamble
This award has been amended and remade following the
introduction of the Tolling Agreement between Boral Resources (NSW) Pty Ltd and
Hanson Ltd and in the knowledge that a similar tolling agreement may be entered
into with Readymix.
The Tolling Agreement means that Emu Plains will now produce
quarried materials for Hanson Ltd.
The impact of the Tolling Agreement has been discussed at
length with you and the consultative committee.
From these discussions we and the union acknowledge that:
(a) we and the
union will use our best endeavours to meet the production demands of the quarry
(subject to relevant safety and fatigue management requirements) without the
use of two full production shifts; but
(b) if the
production demands of the quarry cannot be met we and the union will use our
best endeavours to satisfactorily introduce two full production shifts.
1.2 Commitment
We and the union acknowledge that the Emu award will:
(a) introduce new
practices and methods of working;
(b) result in
changes to the way we work that are different from the past; and
(c) be fully
implemented in an atmosphere of mutual co-operation.
2. Dictionary
2.1 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
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Boral Construction Materials Group
Limited;
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You
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an employee employed by Boral
at the quarry;
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Us
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see "we";
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Your
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belonging to you;
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We
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also "us" and
"our" refers to you and to Boral;
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Start Date
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the day when the Industrial
Relations Commission of NSW makes this award;
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Union
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the Australian Workers’
Union NSW;
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Wife, Husband
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shall include de facto wife or
husband;
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Father, mother
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shall include foster-father or
mother and stepfather or mother;
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Afternoon Shift
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means any shift finishing after
6.00pm and at or before midnight and shall
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receive a shift penalty of
thirty three and one third percent;
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Night Shift
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means any shift finishing
subsequent to midnight and at or before 8.00am and
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shall receive a shift penalty
of thirty three and one third percent;
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Weeks pay
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means the ordinary time weekly
rate of pay;
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Significant effects
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include termination of
employment, major changes in the composition, operation
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or size of Boral’s workforce
or in the skills required; the elimination or
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diminution of job
opportunities, promotion opportunities or job tenure; the
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alteration of hours of work;
the need for retraining or transfer of you to other work
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or locations and the
restructuring of jobs. (Provided that
where the award makes
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provision for alteration of
any of the matters referred to herein an alteration shall
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be deemed not to have
significant effect);
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Technological
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means 3 months notice of
termination or payment in lieu of such notice;
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change notice
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Quarry
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means the Emu Plains quarry
owned and operated by Boral Resources (NSW)
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Pty Ltd;
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Leading Hand
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when you are required to supervise
or direct or be in charge of other employees.
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There is no requirement to
appoint leading hands merely because groups of
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employees work together. Leading hand is an appointment at the
absolute
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discretion of management;
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Primary skill
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the skill you have listed in
Schedule A which you would, subject to this award,
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primarily use;
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Vacant primary
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when someone with a primary
skill leaves the quarry permanently and their
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skill
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primary skill becomes vacant
and subject to this award, available for you to
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transfer to;
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Standard
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National Competency Standard
as contextualised to the quarry;
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Medical certificate
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documentation provided by a registered
medical practitioner proving that you are
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incapable of attending work
due to a medically diagnosed condition;
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Emu award
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Boral Emu Plains Quarry
(State) Award;
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External auditor
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a reputable and qualified auditor
who is not an employee of Boral or a company
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related to Boral within the
meaning of the Corporations Law;
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Ordinary time
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the weekly rate of pay you
receive for working ordinary hours of work ascertained
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weekly rate of pay
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from this award inclusive of
any all purpose allowances;
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Salaried employees
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any employee (who has actually
worked as a salaried employee at a site within the
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Metropolitan Division for the
majority of the preceding 12 months) who does not
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have their terms of employment
covered by an award and is not remunerated on a
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‘total cost’ basis;
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Metropolitan
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the operations of Boral
Resources (NSW) Pty Ltd comprising the Emu Plains,
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Division
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Prospect, Peat’s Ridge and Dunmore
quarries and any other quarry or similar site
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operated by them from time to
time and the Drill and Blast Team;
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Percentage salary
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the percentage before being
adjusted to take into account a salaried employee’s
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increase
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‘compa ratio’ (and excluding
any regrading variations);
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An award
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an award of the Australian
Industrial Relations Commission or the Industrial
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Relations Commission of New
South Wales;
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Gross earnings
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the total amount earned exclusive
of any expense related allowances;
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General wage
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any increase granted by the
Industrial Relations Commission of New South Wales
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increase
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in accordance with section 50
or 51 of the Act;
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Act
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the Industrial Relations
Act 1996;
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Miscellaneous
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manual labouring, shovelling,
hosing, greasing and fuelling; and
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work
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Federal Act
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the Workplace Relations Act
1996.
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3. Parties and
Application
3.1 Application
This award shall apply to and is binding on you, Boral
and the Union.
3.2 Replacement
This award rescinds and replaces the Boral Emu Plains Quarry
(State) Award published 15 July 2005 (352 I.G. 386) in totality.
3.3 Supercession
This award supersedes and replaces all previous
agreements, understandings and practices between the parties to the making of
this award and Boral and you, except those set out in Schedule B, D, E, F, G
and H to this award.
3.4 Commencement
and Nominal Term
This award shall take effect on and from 15 March 2006
and shall have a nominal term of three years.
4. Contract of
Employment
4.1 Weekly
Employment
Subject to this clause you will be employed as a weekly
employee.
4.2 Probation
From your commencement date you will be employed on
probation for a period of three months.
4.3 Resignation
You may terminate your employment by giving Boral one
week’s notice or by paying to Boral an amount of money equivalent to one week's
pay.
4.4 Boral
Termination Option
Except when terminating your employment for reasons of
technology related redundancy, for which technological change notice applies,
if Boral terminates your employment, they must give you notice in accordance
with section 170CM of the Federal Act.
4.5 Part Time
Employment
Where agreed you may be employed as a part-time
employee and:
(a) you will be paid
per hour one thirty eighth of a week’s pay for the level you have been
accredited to for the hours you work;
(b) you will be
entitled to payments in respect of annual leave, public holidays and sick
leave on a proportionate basis;
(c) you will work
a constant number of ordinary hours which shall average less than thirty-eight
but not less than sixteen hours per week;
(d) you will be
paid overtime rates if you commence work prior to your usual starting time or
finish work after your usual ceasing time;
(e) you and all
other part time employees in the quarry cannot exceed 20% of all of Boral’s
employees in the quarry unless the consultative committee agree; and
(f) before being
so employed Boral must have consulted with the consultative committee about
your employment.
4.6 Casual
Employment
Where agreed you may be engaged as a casual and:
(a) you will be
paid per hour one-thirty-eighth of a week’s pay for the work which you perform
plus 15 percent at the rate set out in Table 1 for a Level 1 Operator and when
assessed as competent a Level 2 Operator;
(b) you must not
be employed as such for more than ninety consecutive days;
(c) the following
clauses of this award shall not apply to you, 4.1, 4.2, 4.3, 4.4, 4.5, 6, 10, 11,
13.2, 13.3, 13.4, 13.5, 22.1, 22.2, 25, 27, 28, 29, 30 and 38; and
(d) your
engagement may be terminated by you or Boral by one days notice or payment in
lieu.
Notation: casuals also receive one-twelfth of their
ordinary earnings in lieu of annual leave.
4.7 Change In The
Nature Of Your Contract Of Employment
To avoid doubt, the nature of your contract of
employment; weekly, part-time, casual, may only be changed if you genuinely
agree.
5. Consultation
5.1 The Committee
We must each do all that is reasonably needed to form,
maintain and operate a consultative committee comprising Boral representatives
and your representatives.
5.2 Sub-Committees
The consultative committee may form (and dissolve) a
sub-committee to deal with a stated issue or issues and may act through that
sub-committee.
5.3 Proceedings
All procedures of the consultative committee are to be
determined by the consultative committee.
All procedures of any sub-committee of a consultative committee are to
be determined by the consultative committee, and to the extent that the
consultative committee does not determine them, by the sub-committee itself.
5.4 Functions
Boral must use its best efforts to ensure that the Boral
representatives, and you must use your best efforts to ensure that your
representatives, each do whatever is necessary to ensure that the consultative
committee performs the functions set out in this award, and performs those
functions properly and speedily.
5.5 Powers
The consultative committee and any sub-committee are
empowered to discuss, debate and make recommendations on any subject matter
referred to it by you or Boral. To
avoid any doubt, subject to any express provision of this award, Boral can
decide to accept or reject any such recommendation.
6. Redundancy
6.1 Preservation
of Employment
Where practicable and having regard to the needs of the
quarry, we:
(a) will
co-operate to preserve existing employment and enhance future employment
opportunities generally; and
(b) recognise that
this is best achieved when we
co-operate to ensure that what can be done is done, to produce
sustainable improvements in the competitive performance of the quarry.
6.2 Selection
When redundancies are to occur, Boral will:
(a) call for
volunteers; and
(b) accept
volunteers unless to do so will leave the quarry without the necessary skills
to operate satisfactorily, then
if there are insufficient volunteers those to be made
redundant will be selected by Boral by reference to their:
(c) skills;
(d) experience;
(e) training; and
(f) performance.
And:
having undertaken such an assessment, if it is
necessary to make redundant individuals that are comparatively equal in terms of
the assessment [unless some other pressing domestic issue is raised by the
individuals concerned] if you have the shortest period of service you will be
retrenched first.
6.3 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 you, Boral shall consult with
the consultative committee about the changes and discuss the introduction of
the changes, the effects the changes are likely to have on you, measures to
avert or mitigate the adverse affects of such changes on you and shall give
prompt consideration to matters raised by
you before any redundancies are affected.
6.4 Redundancy Pay
If, following a decision made by Boral in accordance
with clause 6.3 Boral decides that your position in the quarry is redundant
then Boral must pay you:
(a) If you are
under 45 years of age
Less than 1 year’s service
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Nil,
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1 year and less than 2 years
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4 weeks’ pay
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2 years and less than 3 years
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7 weeks’ pay
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3 years and less than 4 years
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10 weeks’ pay
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4 years and less than 5 years
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12 weeks’ pay
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5 years and less than 6 years
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14 weeks’ pay
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6 years and less than 7 years
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16 weeks’ pay
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and thereafter two weeks pay per year of service up to
a maximum payment of 52 weeks’ pay.
(b) If you are 45
years of age or over
Less than 1 year’s service
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Nil
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1 year and less than 2 years
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5 weeks’ pay
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2 years and less than 3 years
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8.75 weeks’ pay
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3 years and less than 4 years
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12.5 weeks’ pay
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4 years and less than 5 years
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15 weeks’ pay
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5 years and less than 6 years
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17.5 weeks’ pay
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6 years and less than 7 years
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20 weeks’ pay
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and thereafter two weeks pay per year of service up to
a maximum payment of 52 weeks’ pay.
6.5 Resignation
During Notice of Redundancy
If your position in the quarry is made redundant you
may terminate your employment during the period of notice and still receive any
monies arising from clause 6.4.
7. Disputes Procedure
7.1 Steps
The following steps shall apply in the following order
for resolution of a dispute. For each
step, the next step may be taken if the dispute has not been resolved within a reasonable
time:
(a) consultation
between you and a representative of Boral at the quarry;
(b) consultation
between you and the quarry manager;
(c) consultation
involving the consultative committee;
(d) consultation
between you and a senior manager of Boral;
(e) reference of
the matter to the Industrial Relations Commission of NSW for
conciliation/arbitration no later than 48 hours after the step in (a) above
unless otherwise agreed; and
7.2 Continuation
of Normal Work
While the procedure above is being followed and until
the matter is resolved work must continue normally.
8. Classifications
8.1 Levels
You shall be classified into one of the levels set out
below:
(a) Level 1
Operator: A Level 1 Operator is an employee who has not yet acquired any skills
and is undertaking basic competency and operator training to progress to Level
2 Operator;
(b) Level 2
Operator: A Level 2 Operator is an employee who has acquired the basic
competency skill and one (1) skill other than the Miscellaneous Support Equipment
skill;
(c) Level 3
Operator: A Level 3 Operator is an employee who has acquired the basic
competency skill and two (2) other skills not including the Miscellaneous
Support Equipment skill;
(d) Level 4
Operator: A Level 4 Operator is an employee who has acquired the basic
competency skill and three (3) other skills;
(e) Level 5
Operator: A Level 5 Operator is an employee who has acquired the basic
competency skill and four (4) other skills;
(f) Level 6 Operator: A Level 6 Operator is an employee who has acquired the
basic competency skill and five (5) other skills;
(g) Level 7
Operator: A Level 7 Operator is an employee who has acquired the basic
competency skill and six (6) other skills; or
(h) Level 8
Operator: A Level 8 Operator is an employee who has acquired the basic
competency skill and seven (7) other skills.
8.2 Skills
For the purposes of clause 8.1 the skills are:
(a)
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Basic Competency Skill
(requiring all following units)
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NMITAB units: MNQGEN210A
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Work Safely
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MNQGEN200A
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Conduct local risk control
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MNQGEN240A
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Communicate in the workplace
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MNQGEN230A
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Contribute to site quality
outcomes
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Quarry units
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Miscellaneous Work
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(b)
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Wash Plant Operation Skill (requiring
all following units)
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NMITAB units: MNQOPS223A -12
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Conduct sand wash plant
operations
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Conduct Minor Repairs and
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Maintenance
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MNQOPS225A -
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Operate programmable logic
control
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systems
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MNQOPS262A
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Operate Medium Vehicles -
table top
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truck
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Quarry units
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Miscellaneous Work;
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(c)
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Crushing Plant Operation Skill
(requiring all following units)
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NMITAB units: MNQOPS321A
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Conduct crushing &
screening
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12
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Conduct Minor Repairs and
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Maintenance
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MNQOPS225A
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Operate Programmable Logic
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Control Systems
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MNQOPS262A
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Operate Medium Vehicles -
table
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top truck
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Quarry units
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Miscellaneous Work
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(d)
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Front End Loader Operation
Skill (requiring all following units)
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NMITAB units: MNQOPS231A
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Service & handover front
end
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loaders
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MNQOPS331A -
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Conduct face loader operations
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MNQOPS339A -
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Conduct Sales Loader
Operations
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MNQOPS262A
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Operate Medium Vehicles -
table
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top truck
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28
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Service Quarry Plant, Vehicles
and
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Equipment
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Quarry units;
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Miscellaneous Work
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(e)
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Excavator Operation Skill
(requiring all following units)
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NMITAB units MNQOPS232A
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Service & handover
hydraulic
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Shovel/excavators
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MNQOPS332A -
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Conduct hydraulic
shovel/Excavator
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Operations
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MNQOPS262A
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Operate Medium Vehicles-
tabletop
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truck and/or service truck
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28
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Service Quarry Plant, Vehicles
and
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Equipment
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Quarry units
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Miscellaneous Work;
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(f)
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Haul Truck Operation (Bin truck,
Water truck, Off Road Haul truck)
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Skill (requiring all following
units)
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NMITAB units MNQOPS233A
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Service & handover haul
trucks
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MNQOPS333A
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Conduct Haul Truck Operations
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MNQOPS237A -
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Conduct bulk water truck
operations
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MNQOPS262A -
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Operate Medium Vehicles
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28
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Service Quarry Plant, Vehicles
and
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Equipment
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Quarry units
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Miscellaneous Work;
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(g)
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Heavy Road Operations Skill (requiring
all following units)
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NMITAB units 12
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Conduct Minor Repairs and
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Maintenance
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13
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Stockpile, Load and Dispatch
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Product
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26
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Operate medium Vehicles - On
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road tipper (within the
confines of
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|
|
|
the quarry), all terrain
articulated
|
|
|
|
dump truck, table top truck
and
|
|
|
28
|
Service Quarry Plant, Vehicles
and
|
|
|
|
service truck Equipment
|
|
|
Quarry units
|
Miscellaneous Work;
|
|
|
|
|
|
|
|
|
|
(h)
|
Weighbridge Operation Skill
(requiring all following units)
|
|
|
NMITAB units: 12
|
Conduct Minor Repairs and
|
|
|
|
Maintenance
|
|
|
MNQGEN351A
|
Conduct Weighbridge Operations
|
|
|
Quarry units
|
Miscellaneous Work;
|
|
|
|
|
|
(i)
|
Laboratory Skill (requiring
all following units)
|
|
|
|
NMITAB units 12
|
Conduct Minor Repairs and
|
|
|
|
Maintenance
|
|
|
MNQGEN 231A
|
Conduct Sampling Operations
|
|
|
MNQGEN 332A
|
Conduct site Laboratory
Operations
|
|
|
Quarry units
|
Miscellaneous Work
|
|
|
|
|
|
(j)
|
Miscellaneous Support Equipment
(Mobile Crane and Dogger) Skill (requiring all following
|
|
|
units)
|
|
|
NMITAB units: 12
|
Conduct Minor Repairs and
|
|
|
|
Maintenance
|
|
|
MNCG1041A
|
Conduct non slewing crane
|
|
|
|
operations
|
|
|
MNCG1043A
|
Conduct dogging operations
|
|
|
MNCG1040A
|
Operate Gantry Crane
|
|
|
Quarry units
|
Miscellaneous Work
|
|
|
|
|
|
(k)
|
Miscellaneous Support
Equipment (Other than Mobile Crane) Skill (requiring all following
|
|
|
units)
|
|
|
NMITAB units: 12
|
Conduct Minor Repairs and
|
|
|
|
Maintenance
|
|
|
27
|
Miscellaneous Support
Equipment
|
|
|
|
for any two items, such as
Dogger,
|
|
|
|
Elevated Work Platform,
forklift,
|
|
|
|
tractor, small wheel loader,
backhoe etc
|
|
|
Quarry units
|
Miscellaneous Work;
|
|
|
|
|
|
(l)
|
Service Quarry Plant Vehicles
and Equipment Skill - (requiring all of the following units)
|
|
|
NMITAB units: 12
|
Conduct Minor Repairs and
|
|
|
|
Maintenance
|
|
|
MNQOPS262A
|
Operate Medium Vehicles -
Table
|
|
|
|
top truck and fuel truck
|
|
|
28
|
Service Quarry Plant, Vehicles
and
|
|
|
|
Equipment (all mobile
equipment)
|
|
|
Quarry units:
|
Miscellaneous Work;
|
|
|
|
|
|
|
8.3 Rates Of Pay
Subject to clause 46, the weekly ordinary time rate of pay
to be paid to you (for the appropriate level arising from clause 8.1) is as set
out in Table 1 of this award.
9. Training
9.1 Training
Program To Be Established
Boral shall organise a training interview between you
and the quarry manager to agree on a training program for you that is
consistent with the operational needs of the quarry.
9.2 Training
Program
Your training program should identify:
(a) a new skill,
in addition to those already recognised, to gain recognition in;
(b) the process by
which you will gain such recognition (on the job, off the job, mentor program,
etc);
(c) an indicative
timetable for gaining such recognition; and
(d) the process by
which you will work to maintain the skills you have already recognised.
10. Progression
10.1 Provisional
Accreditation and Reclassification
(a) You may
request to be assessed to determine whether the new skill identified in your
training program can be performed to the Standard during, at the completion of
or after the completion of your training program.
(b) If the quarry
manager, shift supervisor and the quarry trainer-assessor agree (utilising the
form set out in schedule "I")that you are ready to be assessed then
you shall be:
(i) provisionally
accredited with that new skill and shall be provisionally reclassified into the
relevant classification in clause 8.1; and
(ii) paid in
accordance with the rates of pay in Table 1 of this award for that
classification within 7 working days.
10.2 Progression
Assessment
Boral shall use its reasonable endeavours to assess you
to determine whether the new skill identified in the training program can be
performed to the Standard within two weeks of being provisionally reclassified
in accordance with clause 10.1.
10.3 Assessor And
Appeal
(a) A qualified
assessor will undertake your assessment.
(b) If you disagree with the assessment of an
assessor in relation to any skill, you can request that you be assessed again
by a neutral assessor (some one not employed by Boral) to be selected by you
from the NMITAB register whose decision shall be final.
10.4 New Skill
Recognition
Should the assessment in clause 10.2, demonstrate that
you can reliably perform the new skill to the Standard then that new skill
shall be recognised through the Construction Materials Group Recognition
Scheme.
10.5 Progression To
New Classifications In Clause 8.1
Having had a new skill recognised through the process
in clause 10.6, you shall have your provisional reclassification confirmed. To
avoid any doubt, upon having your provisional reclassification confirmed you
shall continue to be paid in accordance with the rates of pay in Table 1 of
this award for that classification.
10.6 Failure To Gain
Recognition
Should you fail to perform the new skill to the
Standard then you and Boral will revise the training program established in
accordance with clause 9.2 to be undertaken within the following thirty days.
10.7 Reassessment To
Gain Recognition
At the completion of the revised training program in
clause 10.6 or earlier by agreement between Boral and you, you shall be
reassessed to determine whether the skill identified in the revised training
program can be performed to the Standard. To avoid any doubt, clause 10.3, 10.4
and 10.5 shall apply to any such reassessment.
10.8 Further Failure
To Gain Recognition
Should you fail to perform to the Standard in
accordance with clause 10.7, then:
(a) the steps in
clauses 10.6 and 10.7 may be repeated until agreed otherwise by you and Boral;
and
(b) (despite
anything else in this clause) you shall be reclassified to the relevant
classification that you were in before having the new skill provisionally
accredited in accordance with clause 10.1 until the reassessment in
demonstrates that you can reliably perform the new skill to the Standard then
that new skill shall be recognised through the Construction Materials Group
Recognition Scheme.
10.9 Level While
Training
To avoid doubt, while you are training to gain
recognition for a new skill you shall continue to be classified and paid in
accordance with your then, current classification and rate.
10.10 Payment For
Training
Training undertaken in accordance with your training
program may be either on or off the job, provided that if training is undertaken
during ordinary working hours it shall be paid as such.
10.11 Course Fees
Boral shall pay for the cost of all-training courses
and training course material and textbooks.
11. Team Leader and
Assessor Skills
11.1 Team Leader And
Assessor Skills Competencies
The team leader and assessor skills are:
(a)
|
Team Leader Unit:
|
Boral Front Line
Supervisor Competency
|
|
|
|
|
NMITAB unit: 9C
|
Participate in, Lead and Facilitate Work
|
|
|
Teams
|
(b)
|
Assessor
|
|
|
NMITAB units:
|
7
|
Workplace Trainer
|
|
|
8
|
Workplace Assessor
|
|
|
|
11.2 To Become A
Team Leader Or Assessor
Despite anything else contained in this award, you can only
train to acquire the team leader or assessor skill in 11.1 above, after having
been offered such opportunity by Boral who may make or not make such offer at
its complete discretion.
11.3 Use Of Team
Leader And Assessor Skills
Upon having the team leader or assessor skill
recognised in accordance with clause 10, a team leader or assessor will be
appointed, by Boral, to such a role when such a role is available.
12. Recognition,
Reassessment and Redundant Skills
12.1 Timing Of
Reassessment
Boral may at any time reassess you to determine whether
you can still perform the skills you have been accredited with to the Standard.
12.2 Failure Of A
Reassessment
Should you fail to perform a skill to the Standard
through the reassessment process in clause 12.1 you shall be provided with an
agreed amount of training as a matter of priority and reassessed by an assessor
within a month (or earlier by agreement) to determine whether the skill can be
performed to the Standard.
12.3 Further Failure
And Reclassification To A Lower Level
Should you still fail to perform a skill to the
Standard through the reassessment process in clause 12.2 you shall no longer receive recognition for that skill
and you shall be reclassified into the relevant (lower) classification in
clause 8.1. Upon being so reclassified,
and not until, you shall be paid in accordance with the rates of pay in Table 1
of this award for that (lower) classification.
12.4 Assessor And
Appeal
To avoid doubt clause 10.2 and 10.3 shall apply to the
process in clauses 12.2 and 12.3.
12.5 Redundant
Skills
If a skill becomes redundant and is no longer required
to be performed at all in the quarry (most likely through a change in
technology) you will remain on the same classification level and paid as such
until you acquire further skills to advance beyond your current classification
(i.e. acquire two skills to advance).
13. Work Practices
13.1 Using Skills As
Directed
Subject to clause 13.2, you must fully utilise the skills
you have had recognised in accordance with clause 10 as and when directed by
Boral.
13.2 Rotation From
Primary Skill
Boral may direct you to perform a skill other than your
primary skill:
(a) sufficiently
to make your best efforts to maintain your skills;
(b) to meet any
unplanned operational requirements of the quarry; or
(c) to cover other
employees who are:
(i) absent from
the quarry; or
(ii) undertaking
rotation themselves consistent with their training program, and
to avoid any doubt, should there be any dispute about
whether you or another person are to perform a skill other than your primary
skill the contest shall be resolved in accordance with paragraphs (a), (b) and
(c) of clause 13.4.
13.3 Ascertaining A
Primary Skill
If and only if you were employed at the quarry before
the start date:
(a) you may
nominate a primary skill and that primary skill shall be set out in Schedule A
to this award; and
(b) you may change
your nominated primary skill in accordance with clause 13.4.
13.4 Change To
Nominated Primary Skill
When there is a vacant primary skill and you already
have a primary skill (set out in Schedule A) you may request Boral to change
your primary skill to the vacant primary skill. If more than one person with a primary skill makes such a request
then the contest will be resolved:
(a) firstly be
choosing those persons who are accredited as competent in that skill ahead of
those who are not; then if not resolved
(b) by choosing
those persons who can change to the vacant skill without disrupting the
satisfactory operation of the quarry ahead of those persons who cannot change
to the vacant skill without disrupting the satisfactory operation of the
quarry; and then if not resolved
(c) by
choosing the person with the longest
service at the quarry.
13.5 To Avoid Doubt
To avoid doubt, if no one with a primary skill requests
to change their primary skill to the vacant primary skill it shall no longer be
a primary skill and shall be performed as directed by Boral in accordance with
clause 13.1.
14. Payment of Wages
14.1 Electronic
Funds Transfer
Wages shall be paid weekly by means of electronic funds
transfer to an account in a recognised financial institution.
14.2 Late Pay
When your wages are not in your nominated account on
the designated pay day the quarry manager if requested to do so by the you,
must provide your wages to you in cash by conclusion of the next day’s shift.
15. Tools
15.1 Supply of Tools
All tools required by you shall be provided free of charge
by Boral.
16. First Aid
16.1 Certificate
(a) If you are
appointed by Boral:
(i) to perform
first-aid duties you shall be paid an allowance as set out in Item 5 of Table 2
of Part B per day; and
(ii) as a first
aid attendant you shall be paid an allowance as set out in Item 12 of Table 2
pf Part B per day in lieu of the allowance set out in clause 16.1 (a) (i).
(b) To avoid any
doubt:
(i) A first aid
attendant must hold an occupational first aid certificate and shall maintain
the first aid room, assist in the completion of paper work associated with the
administering of first aid, maintain first aid kits and administer first aid.
(ii) If you are
appointed to perform first aid you must hold a current first aid certificate.
(iii) Just because
you hold a first aid certificate or occupational first aid certificate does not
mean that you will be appointed by Boral in accordance with clause 16.1 (a).
17. Temporary
Transfer
17.1 Transfer Terms
If you agree, Boral may temporarily transfer you to
work somewhere other than at the quarry.
When this occurs we must agree on the terms of the transfer including
payment (if any) of travelling time, accommodation etc.
18. Hours of Work
18.1 Average Week
Subject to this Award you must work an average of 38
ordinary hours each week as directed by Boral.
18.2 Spread of Hours
Your ordinary hours of work shall be worked:
(a) on any day of
the week Monday to Friday inclusive; and
(b) between the
hours of 6.30am and 6.00pm (or if your name appears in Schedule B to this award
7.00am and 6.00pm); or
(c) between such
spread of hours as is agreed between Boral and the majority of you in the
section of the quarry concerned:
Or if you are a shift worker:
(d) any day of the
week Monday to Friday inclusive; or
(e) by agreement
with the majority of you in the section of the quarry concerned on any day of
the week Monday to Sunday inclusive.
18.3 Ten Hour Days
Unless it is agreed between Boral and the majority of
you in the section of the quarry concerned your ordinary hours of work must not
exceed ten on any day.
18.4 Change to or
from Shift Work
Unless otherwise agreed, Boral may direct you to change
from regularly working day work to regularly working shift work (or vice versa)
by giving you one month’s notice in writing and you shall then work your
ordinary hours on the shifts/days you have been rostered to work.
18.5 Rosters
Boral shall give you a roster for working your ordinary
hours at least seven days in advance.
18.6 Change to
Rosters
Despite clause 18.5, if due to unforeseen circumstances
Boral needs to change your roster to keep the quarry operating effectively
Boral may change your roster:
(a) upon giving
you no less than notice on the previous day of any such change if you are a day
worker; or
(b) upon giving
you no less than notice on the previous day of any such change if you are a
shift worker provided that if you are given less than seven days notice you
shall continue to be paid your shift penalty for the balance of the such seven
days even if you are transferred to day work.
18.7 Afternoon
Shifts
If you are rostered to work an afternoon shift you
shall be paid the afternoon shift allowance.
18.8 Night Shifts
If you are rostered to work a night shift you shall be
paid the night shift allowance.
18.9 Saturday Shifts
If you work a shift that part of which is between midnight
on Friday and midnight on Saturday you shall be paid at the rate of time and a
half for the first two hours and double time thereafter and such extra rate
shall be in substitution for and not cumulative upon your shift allowance.
18.10 Sundays and
Holidays
If you work a shift that part of which is on a Sunday
you shall be paid at the rate of double
time and such extra rate shall be in substitution for and not cumulative upon
your shift allowance.
18.11 Holidays
If you work a shift that part of which is on a public
holiday you shall be paid at the rate of
double time and one half and such extra rate shall be in substitution
for and not cumulative upon your shift allowance.
19. Method of Working
the 38 Hour Week
19.1 Work Cycles
The method of working the 38-hour week shall be any one
of the following:
(a) by Boral
fixing one work day in the 4th week of a 4 week work cycle as a rostered day
off on which you will be off work;
(b) by Boral
fixing two rostered work days on which you may be rostered off for two half
days during a particular 4 week work cycle;
(c) [subject to
agreement between you and Boral] by you working less than eight ordinary hours
on each day; or
(d) by Boral fixing
the recognised building and construction industry rostered day off as a
rostered day off on which you will be off work.
19.2 Accumulation of
Rostered Days Off
Subject to the quarry’s fatigue management plan,
rostered days off may be:
(a) accumulated
for a specific purpose (taking with annual leave etc) and taken at a time
agreed by you and Boral (such agreement to be reduced to writing); or
(b) accumulated
for no specific purpose in which case they will:
(i) be taken on
at least 24 hours notice on a day that does not disrupt the satisfactory
operation of the quarry; or
(ii) be paid out
by Boral to you at the rate of 7.6 ordinary hours pay per rostered day off
accumulated but not taken as at 31 January each year.
Notation: RDOs may be taken in accordance with this
clause in whole days, half days or two hour blocks.
19.3 Rostered Days
Off on Public Holidays
When a rostered day off falls on a public holiday as
prescribed in clause 22.1 the next working day shall be taken in lieu of the
rostered day off unless an alternate day is agreed to between you and Boral.
19.4 Accrual
Each day of paid leave taken and any public holiday
occurring during any cycle of four weeks shall be regarded as a day worked for
the purposes of accruing a rostered day off.
19.5 Taking a
Rostered Day Off
A rostered day off shall be taken as a paid day off.
19.6 Rostered Days
Off
(a) You may elect,
with the consent of Boral, to take a rostered day off at any time.
(b) You may elect,
with the consent of Boral, to take rostered days off in part day amounts.
(c) You may elect,
with the consent of Boral, to accrue some or all rostered days off for the
purpose of creating a bank to be drawn upon at a time mutually agreed between
Boral and yourself, or subject to reasonable notice by you or Boral.
(d) This subclause
is subject to Boral informing the union which is both party to the award and
which has members employed at the quarry of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union to participate in negotiations.
20. Meal Breaks
20.1 Work Before
Break
You shall not be required to work for more than five
ordinary hours of work without a break for a meal which shall be taken as
unpaid. Provided that you and Boral may
agree to extend the five ordinary hours before taking a break up to six.
20.2 Continuity of
Operations
The time of your taking a scheduled meal break may be
altered by agreement between you and Boral or by Boral if it is necessary to
maintain continuity of quarry operations.
20.3 Staggering
Breaks
Boral may stagger the time of taking a meal break to
meet operational requirements.
20.4 Meal Breaks for
Shift Workers
Despite the provisions of this clause, if you are a
shift worker you shall be allowed a thirty (30) minute paid meal break during
each shift, which shall be counted as time worked.
20.5 Working Through
a Meal Break
Except as provided for in clause 20.1 and 20.2, you shall
be paid at the rate of time and one half of ordinary time for all work done
during your meal break and thereafter until a meal break is taken.
21. Rest Breaks
21.1 Daily Break
You shall be given a paid rest break of ten (10)
minutes each day.
21.2 Staggering
Boral may stagger the time of taking a rest break to
meet operational requirements.
21.3 Continuous
Operation
The time of your taking a scheduled rest break may be
altered by agreement between you and Boral or by Boral if it is necessary to
maintain continuity of quarry operations.
21.4 Shift Workers
In the case of shift workers the rest break may be
combined (by Boral) with the paid meal break so as to enable a forty-minute
paid meal break.
22. Sundays and
Holidays
22.1 Holidays
The days on which the following holidays are observed
shall be granted to you without loss of pay as a holiday:
(a) New Year's
Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter
Saturday;
(e) Easter Monday;
(f) Anzac Day;
(g) Queen's
Birthday;
(h) Eight Hour
Day;
(i) Christmas
Day;
(j) Boxing Day;
(k) Picnic Day,
the first Monday in December (or a substitute day agreed to by you and Boral
and taken by 31 December in the following year); and
(l) any other day
gazetted as a public holiday for the State.
22.2 Absence
When you are absent from work on the working day before
or the working day after a holiday, without reasonable excuse or without the
consent of Boral, then you shall not be entitled to payment for such holiday.
22.3 Working on a
Holiday
For work done on any of the holidays referred to in
clause 22.1 (except (k) Union Picnic Day), you shall be paid at the rate of
double time and one-half with a minimum
payment for four hours' work.
22.4 Sundays
For work done on a Sunday you shall be paid at the rate
of double time with a minimum payment for four hours' work.
23. Overtime
23.1 Payment
Subject to clause 22.3 and 22.4, for all work performed
by you outside of and/or in excess of your ordinary hours you shall be paid at
the rate of time and one-half for the first two hours and double time
thereafter; such double time to continue until the completion of the overtime
worked.
23.2 Day Stands
Alone
Except as provided in clause 23.3 in computing your overtime each day's work
shall stand-alone.
23.3 10 Hour Rest
Period
(Subject to clause 23.4) When:
(a) overtime work
is necessary it shall wherever reasonably practicable, be so arranged that you
have at least ten consecutive hours off duty between the work of successive
days;
(b) you work so
much overtime between the termination of your ordinary work on one day and the
commencement of your ordinary work on the next day that you have not had at
least ten consecutive hours off duty between those times you shall be released
after completion of such overtime until you have had ten consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence; and
(c) on the
instruction of Boral you resume or continue work without having had such ten
consecutive hours off duty you shall be paid at double time rates until you are
released from duty for such period and you shall then be entitled to be absent
until you have had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
23.4 8 Hour Rest
Period for Shift Workers
The provisions of clause 23.3 shall apply in the case
of shift workers who rotate from one shift to another as if eight hours were substituted
for ten hours when overtime is worked:
(a) for the
purpose of changing shift rosters; or
(b) where a shift
worker does not report for duty.
23.5 Call Back
(a) If you are
recalled to work overtime after leaving the quarry (whether notified before or
after leaving) you shall be paid for a minimum of four hours' work (whether
worked or not) or where you have been paid for standing by you shall be paid a
minimum of three hours' pay at the
appropriate rate.
(b) This clause
shall not apply in cases where it is customary for you to return to the quarry
to perform a specific job outside your ordinary working hours, or where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
(c) Overtime
worked in the circumstances set out above, shall not be regarded as overtime
for the purposes of clause 23.6 when the actual time worked is less than three
hours on each such recall.
(d) If you are
directed to hold yourself in readiness to work after your ordinary hours you
shall be paid stand-by time, at
ordinary rates of pay, until released.
23.6 Overtime Bonus
and Breaks
If you are required to work overtime:
(a) for one and
one half hours after your normal ceasing time and you were not notified on the
day before (or earlier) of the need to work overtime you shall be paid the
amount set out in Item 8 of Table 2 of Part B of this award;
(b) for two hours
or more after your normal ceasing time you shall be paid the amount set out in
Item 8 of Table 2 of Part B of this award ;
(c) for four hours
after your normal ceasing time (and for each four hours thereafter) you shall
be provided with a 30 minute break without loss of pay provided that overtime work continues after
any such break; and
(d) for six hours
or more after your normal ceasing time (and for each four hours thereafter) you
shall be paid the amount set out in Item 8 of Table 2 of Part B of this award.
23.7 Not Required to
Work Overtime
Despite clause 23.6, if you are notified of the
intention to work overtime but you are not called upon to work that overtime
you shall be paid an amount ascertained from clause 23.6 (a).
23.8 Weekend Crib
Breaks
Where overtime is worked on a Saturday or Sunday and it
continues after 12 noon, you shall be given a paid break for a meal of 30
minutes between 12.00 noon and 1.00pm, provided that the work continues after
the meal break.
23.9 Weekend Minimum
If you are required to work overtime on a Saturday you
shall be given at least four hours’ work or receive four hours’ pay.
23.10 Requirement To
Work Reasonable Overtime
(a) Subject to
clause 23.10 (b), Boral may require you to work reasonable overtime at overtime
rates or as otherwise provided for in this award.
(b) You may refuse
to work overtime in circumstances where the working of such overtime would
result in you working hours which are unreasonable.
(c) For the
purposes of clause 23.10 (b) what is unreasonable or otherwise will be
determined having regard to:
(i) any risks to
employee health and safety;
(i) your personal
circumstances including any family and carer responsibilities;
(iii) the needs of
the quarry;
(iv) the notice (if any)
given by Boral of the overtime and by you of their intention to refuse it; and
(v) any other
relevant matters.
23.11 Time Off in Lieu
of Payment for Overtime
(a) You may elect,
with the consent of Boral, to take time off in lieu of payment for overtime at
a time or times agreed with Boral within 12 months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time rate
that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with clause 23.11 (a), the leave is
not taken for whatever reason payment for time accrued at overtime rates shall
be made at the expiry of the 12 month period or on termination.
(d) Where no
election is made in accordance with clause 23.11 (a), you shall be paid
overtime rates in accordance with the award.
23.12 Make-up Time
(a) You may elect,
with the consent of Boral, to work "make-up time", under which you
take time off ordinary hours, and work those hours at a later time, during the
spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) If you are on
shift work you may elect, with the consent of Boral, to work "make-up
time" (under which you take time off ordinary hours and work those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
24. Annual Leave
24.1 Entitlement
See Annual Holidays Act 1944 as amended.
24.2 Single Days
(a) You may elect
with the consent of Boral, subject to the Annual Holidays Act 1944, to
take annual leave not exceeding five days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) You and Boral
may agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
25. Annual Leave
Loading
25.1 Payment of
Loading
Whenever you enter a period of annual leave you shall
be paid, in addition to your annual leave pay a loading of 17.5 percent on top
of your annual leave pay.
25.2 Calculation of
Loading
The loading is to be calculated on your rate of pay
that is applicable immediately before commencing annual leave, excluding any
other allowances, penalty rates, shift allowances, overtime or any other
payments prescribed by this award.
25.3 Shift Workers
Despite any thing else contained in this award, if you
are a shift worker when you enter a period of annual leave then you shall be
entitled to the greater of the following:
(a) your shift
work allowances and/or weekend penalty rates for the ordinary time (not
including time on a public holiday) which you would have worked during the
period of the leave; or
(b) the loading
calculated in accordance with this clause.
26. Long Service
Leave
26.1 Entitlement
See Long Service Leave Act, 1955 as amended.
27. Parental Leave
and Personal/Carers Leave
27.1 Parental Leave
See Industrial Relations Act, 1996 as amended.
27.2 Personal Carers
Leave
(a) If you are a
full time or part time employee, with responsibilities in relation to a class
of person set out in clause 27.2 (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 30 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.
(b) 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.
(c) 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.
(d) 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.
27.3 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 27.2 (c) (ii) above who is ill.
28. Bereavement Leave
28.1 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 27.2 (c) (ii).
28.2 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.
28.3 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 27.2 (c) (ii), provided that for the purposes of bereavement leave,
you need not have been responsible for the care of the person concerned.
28.4 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.
28.5 Bereavement
Leave In Conjunction With Other Leave
Bereavement leave may be taken in conjunction with
other leave available under clause 27.3, 24.2, 23.11 and 23.12. In determining such a request Boral will
give consideration to your circumstances and the reasonable operational requirements
of the quarry.
29. Jury Service
29.1 Entitlement
If you are required to attend for jury service during
your ordinary working hours you shall be reimbursed by Boral an amount equal to
the difference between the amount paid in respect of your attendance for such
jury service and the amount of wages you would have received in respect of the
ordinary time you would have worked had you not been on jury service.
29.2 Notification
You must notify Boral as soon as possible of the date
upon which you are required to attend for jury service. Further, you must give Boral proof of your
attendance, the duration of such attendance and the amount received in respect
of such jury service.
30. Sick Leave
30.1 Entitlement
You shall, subject to clause 30.2 and the production of
a medical certificate be entitled to ten days' sick leave during the first and
subsequent years of service on full pay [provided that a statutory declaration
shall be sufficient proof of sickness in respect of the first two single days'
absence in any year].
30.2 Notification
You must notify Boral of your absence prior to your
normal starting time on the same day of your absence and in any event before
9.00am on that day unless because of the nature of the illness you are incapable
to do so in which case you must notify Boral as soon as possible.
30.3 Workers
Compensation
You shall not be entitled to sick leave for any period
in respect of which you are entitled to
workers' compensation
30.4 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.
30.5 Absent on
Holidays and Rostered Days Off
If an award holiday or rostered day off occurs during
your absence on sick leave then such award holiday or rostered day off shall not be counted as sick leave.
31. Protective
Clothing
31.1 Entitlement
At the commencement of your employment Boral shall
provide you with five sets of clothes, two pairs of boots and in May a winter
jacket (or agreed substitute), which shall be replaced on an item for item
exchange basis.
32. Protective
Equipment
32.1 Entitlement
Boral shall provide you with all personal protective
equipment required to perform your work.
33. Use of Car
33.1 Allowance
If you are required to use your car by Boral you will
be paid per km the amount set out in Item 6 of Table 2 of Part B.
34. Salary Increase
34.1 Wage Adjustment
On the first full pay period to commence on or after 15
November each year the rates set out in Table 1 Wages and the allowances set
out in Table 2 Other Rates and Allowances shall be increased by the greater of
the average percentage salary increase given that year to salaried employees
employed in:
(a) the
Metropolitan Division; or
(b) the Emu Plains
quarry.
Notation: A salaried employee will be taken to be
employed in the Emu Plains quarry if they have worked in the quarry for the
majority of the preceding 12 months.
34.2 Bonus
On the first full pay period to commence on or after 15
November each year you shall be paid an amount of money equivalent to the
greater of the average percentage bonus paid to salaried employees employed in:
(a) the
Metropolitan Division; or
(b) the Emu Plains
quarry,
applied to your gross earnings for the preceding twelve
months.
Notation: A salaried employee will be taken to be
employed in the Emu Plains quarry if they have worked in the quarry for the
majority of the preceding 12 months.
34.3 Audit
If requested to do so by the majority of you, Boral
shall at its expense have an external auditor validate the:
(a) average salary
increase determined for the purposes of clause 34.1; and/or
(b) average
percentage bonus determined for the purposes of clause 34.2.
34.4 Change To
Salary System
Should Boral at any time alter the method by which they
remunerate the salaried employees relevant to this award they shall confer with
you and the union about those changes and whether any variation to this award
is necessary to ensure that the original purpose of this award is maintained.
34.5 Safety Net
Despite any thing else in his award, the wage increase
paid in accordance with clause 34.1 shall not be less than any general wage
increase granted in that year.
35. Fares
35.1 Payment
From the start date you shall receive in compensation
for fares incurred travelling to and from work at irregular hours when public
transport is not necessarily available the amount set out in Item 7 of Table 2
of Part B per week, provided that the above allowance shall be payable to
employees who commence prior to 6:30am or finish subsequent to 7:00pm.
36. Additions to Wage
36.1 Allowances
In addition to the rate of pay ascertained from clause 8.3,
you shall receive the following allowances (paid for all purposes of this
award):
(a) if appointed a
leading hand or team leader and you are in charge of:-
2 - 5 employees:
|
the amount set out in Item 1 Table 2 of Part B per week
|
6 - 10 employees:
|
the amount set out in Item 2 Table 2 of Part B per week
|
11- 20 employees:
|
the amount set out in Item 3 Table 2 of Part B per week
|
More than 20 employees:
|
the amount set out in Item 4 Table 2 of Part B per week;
|
(b) if appointed
as an assessor the amount set out in Item 9 of Table 2 of Part B per week.; and
(c) if you hold
NATA signatory status the amount set out in Item 10 of Table 2 of Part B per
week.
37. Delegates
37.1 Appointment
Boral shall recognise the appointed delegates for the
union at the quarry.
37.2 Time
Boral shall provide the delegate with reasonable time
while at work to perform the proper functions of the delegate.
38. Counselling
38.1 Principles
It is the intention of the parties to use the Procedure
set out in clause 38.2 in all cases where behaviour and/or work performance is
unsatisfactory.
Except in cases of misconduct, Boral will use a three
warning approach involving a verbal warning, written warning and then final
warning.
38.2 Procedure
Upon Boral becoming aware that your conduct, behaviour
and/or work performance was/is unsatisfactory they should:
(a) undertake an
investigation of the matter;
(b) put the matter
to you with any relevant supporting information Boral is aware of and allow you
to respond;
(c) consider your
response;
(d) conclude
whether or not your conduct, behaviour and/or work performance was/is
unsatisfactory;
(e) explain why
the conclusion reached has been arrived at; and then
(f) (subject to
this clause) take such action as they see fit (which may include but not be
limited to nothing, verbal warning, written warning, training, termination of
employment).
38.3 Suspension
Without Pay
Boral may suspend your employment without pay for up to
10 days (but only if the consultative committee agrees) as an alternative to
terminating your employment.
38.4 Validity Of
Warnings
Any warning given to you in accordance with clause 38 shall
be valid for 12 months from the date such warning was given.
39. Kitchen
39.1 Tea and Coffee
Boral shall provide you with a reasonable supply of
coffee, tea, milk and sugar for use during meal and crib breaks.
40. Timekeeping
40.1 Decimal Proportion
Boral shall:
(a) utilise, for
time keeping purposes, the decimal proportion 0.1 of an hour; and
(b) apply such
proportion in the calculation of your working time.
40.2 Latecomers
If you:
(a) do not
commence work at the time you are rostered to; or
(b) cease work
before your rostered finish time,
Boral may pay you only for the time that you actually
worked.
41. Rain
41.1 Working in the
Rain
If you are called upon to work in the rain, by Boral, you
will be paid per day the amount set out in Item 11 of Table 2 of Part B.
42. Leave Reserved
42.1 Clauses
Leave is reserved to the parties in relation to clause:
(a) 8.2; and
(b) 34.5.
43. Anti
Discrimination
43.1 Obligation
(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 responsibilities as a carer.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable steps
to ensure that the operation of the provisions of this award are not directly
or indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the award that, by its terms or operation, has a direct or
indirect discriminatory effect.
(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."
44. 2003 Fatigue
Management Program Saturday No Disadvantage
44.1 Preamble
In 2003 in consultation with its employees at Emu
Plains Quarry, Boral instituted a fatigue management program and rostered work
accordingly to meet its then business needs to the limits of that program. As a consequence of this some employees work
within and to the limits of the fatigue program Monday to Friday while others
to meet the operational needs of the quarry are required to work Monday to
Saturday and have their hours arranged so to comply with the program. It has been agreed that with the current
roster arrangements these employees suffer a disadvantage to others working
Monday to Friday only. Clause 44.2 is
intended to resolve this disadvantage.
44.2 Entitlement
As of the first full pay week period in November 2004, any
employee who is required to and directed by Boral to work Monday to Saturday
inclusive to meet the operational needs of the quarry while genuinely trying to
comply with the fatigue management program shall be paid per week an additional
one hours pay calculated at their ordinary time rate of pay.
45. Superannuation
Benefits
45.1 Obligation
The subject of superannuation contributions is dealt
with extensively by legislation including the Superannuation Guarantee
(Administration) Act, 1992, the Superannuation Guarantee Charge Act
1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation
(Resolution of Complaints) Act 1993. The legislation, as varied from time
to time, governs the superannuation rights and obligations of the parties.
46. ‘Wages Sacrifice’
in Return for Increased Employer Funded Superannuation
46.1 Preamble
(a) This clause
has been included in this award because it allows permanent employee to elect
to forgo:
(i) part of their
weekly ordinary time rate of pay; and/or
(ii) their annual
cash bonus,
for increased employer funded superannuation benefits
on the basis that this is tax beneficial for the employee and at only minimal
additional (administrative) cost to Boral.
(b) 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:
(i) 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;
(ii) calculating
allowances arising from Table 2 - Other Rates and Allowances, in which case the
relevant pre election weekly ordinary time rate of pay shall apply for the
purposes of calculating the said allowances;
(iii) 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;
(iv) 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
(v) 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.
46.2 Wages Sacrifice
Election
A permanent employee may elect to forgo receiving:
(a) part of their
weekly ordinary time rate of pay; and/or
(b) their annual
cash bonus,
in return for increased employer funded superannuation
by completing the election form set out in Schedule "J" of this
award.
46.3 Boral to Fund
Increased Superannuation
Whenever a permanent employee has made an election
referred to in clause 46.2 Boral shall provide the employee with employer
funded superannuation contributions in the amount elected in addition to any
statutory contributions.
46.4 Change or
Ceasing Elected Amount
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 "J" of this award to have effect on and
only on 1 January or 1 July each year.
46.5 Cessation &
Suspension of Wages Sacrifice Election
Despite anything else in 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 each
employee of their intention to cease the wages sacrifice for them and upon the
first full pay period to commence on or after the service of the notice the
wages sacrifice election shall cease to operate; and
(b) if an employee
has made a wages sacrifice election in accordance with this clause in relation to
their ordinary time rate of pay and then enters a period of leave without pay
the wages sacrifice election in relation to their ordinary time rate of pay
shall be suspended for the period of such leave.
46.6 Workers
Compensation
During any period when an 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 in addition to any statutory contributions
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.
46.7 Age Based
Contribution Limit
Despite anything else in this clause an employee must
not make a sacrifice election of a percentage that when added to the minimum
Superannuation Guarantee Contribution exceeds the age-based contribution limit
provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act
1946 (Cth).
PART B
Table 1 - Rates Of
Pay
Subject to this award, you shall be paid in accordance with
the following table of rates from the first full pay week period in November
2005:
Classification
|
Weekly Ordinary
Time Rate of Pay
|
|
$
|
Level 1 Operator
|
682.48
|
Level 2 Operator
|
791.68
|
Level 3 Operator
|
805.35
|
Level 4 Operator
|
818.99
|
Level 5 Operator
|
832.63
|
Level 6 Operator
|
846.29
|
Level 7 Operator
|
859.95
|
Level 8 Operator
|
874.77
|
Notation:
The rates in Table 1 above include and consume the
"Industry Disability" allowance and the "Inclement Weather"
allowance. Accordingly, the rates in
Table 1 above compensate you for working in the open in quarries and thereby
being subject to climatic conditions such as dust blowing in the wind, sloppy
and muddy conditions and the lack of usual amenities associated with factory
work, etc. and for the additional disabilities of being required to work when
exposed to inclement weather and for working in isolated and underdeveloped
locations: "inclement
weather" means wet weather and/or
abnormal climatic conditions such as hail, cold, high winds, severe dust
storms, extreme high temperatures or any combination thereof.
The rates in Table 1 also compensate for working in confined
spaces.
Table. 2 - Other
Rates and Allowances
Subject to this award, you shall be paid in accordance with
the following table of allowances from the first full pay week period in
November 2005:
Item No
|
Clause No.
|
Brief
Description
|
Amount
|
|
|
|
$
|
|
36.1(a)
|
Team Leader/Leading
|
|
|
|
Hand Allowances
|
|
1
|
|
2 to 5
|
21.70 per week
|
2
|
|
6 to 10
|
30.85 per week
|
3
|
|
11 to 20
|
43.68 per week
|
4
|
|
More than 20
|
55.69 per week
|
5
|
16.1
|
First Aid Allowance
|
2.25 per day
|
6
|
33.1
|
Motor Vehicle Allowance
|
0.60 per km
|
7
|
35.1
|
Transport not Available
|
7.17 per day
|
8
|
23.6
|
Meal Allowance
|
13.17
|
9
|
36.1(b)
|
Assessor
|
27.43 per week
|
10
|
36.1(c)
|
NATA
|
27.43 per week
|
11
|
41.1
|
Working in the Rain
|
2.60 per day
|
12
|
16.1
|
First Aid Attendant
|
4.52 per day
|
SCHEDULE A
Pearson
|
H
|
Excavator Operation Skill
|
Penellum
|
JT
|
Truck Operation Skill
|
O'Hare
|
MH
|
Truck Operation Skill
|
Potbury
|
KD
|
Wash Plant Operation Skill
|
Daniel
|
MA
|
Crushing Plant Operation Skill
|
Maguire
|
BM
|
Front End Loader Operation Skill
|
Swadling
|
SH
|
Basic Competency Skill (afternoon shift)
|
Marion
|
PD
|
Basic Competency Skill (afternoon shift)
|
Anderson
|
BJ
|
Front End Loader Operation Skill
|
Clarke
|
DM
|
Front End Loader Operation Skill
|
Woods
|
PG
|
Front End Loader Operation Skill (afternoon shift)
|
Clarke
|
MG
|
Laboratory Skill
|
SCHEDULE B
NOTATION
MOBILE CRANE
PROTOCOL
1. Operators
must be competent for the task as authorised by the Quarry Manager.
2. The operator
will be chosen on the basis of making the most efficient use of the Boral employees
and the principle maintenance contactor on site, as determined by the Quarry
Manager.
3. Where a Boral
employee is available without effecting other operations, s/he will be the
first choice.
4. If the use of
a Boral employee adversely effects other operations, then s/he would not be
asked and the following would happen:
(a) A person from
the principle maintenance contractor may be used; or
(b) A hired
external crane would be used.
Examples of this type of situation would be where the
use of a haul truck operator would reduce raw feed supply to the plant or where
the use of a sales loader operator would cause delay to loading of trucks.
5. When a
substantial amount of crane work is required on a weekend, the most efficient
approach would be to use a Boral employee on a pre-arranged overtime basis to
do the crane work and other duties as required.
6. Where no
competent Boral employees are on site and the principle maintenance contractor
cannot safely or efficiently perform the tasks, the following would happen:
(a) A competent
Boral employee would be called back from the list of approved operators; or
(b) A hired
external crane will be used, if a Boral employee is not available for call
back.
7. Within the
workshop areas, all competent maintenance personnel have free use of the crane.
SCHEDULE C
EMPLOYEES WITH A
SPAN OF HOURS OF 7:00 AM TO 6:00 PM AS PER CLAUSE 18.2 (b) OF THE EMU AWARD
THAT IS EMPLOYEES
WHO PRIOR TO 9TH NOVEMBER 1990, REGULARLY WORKED BEFORE 7:00 AM EACH DAY
NAME
|
DATE START BORAL
|
|
|
|
|
Anderson
|
BJ
|
15/02/88
|
Clarke
|
MG
|
06/05/89
|
Daniel
|
MA
|
17/04/85
|
O’Hare
|
MH
|
09/11/75
|
Pearson
|
H
|
05/05/69
|
Penellum
|
JT
|
03/04/68
|
Potbury
|
KD
|
08/01/90
|
Woods
|
PG
|
01/04/84
|
SCHEDULE D
Notation:
TOP UP LABOUR
PROTOCOL
Boral will source external labour (casuals or labour hire)
to meet the operational needs of the quarry provided that:
1. Subject to the
Emu Plains Award, all of the quarry’s full time employees will be allocated to
unmanned plant and equipment before external labour is used.
2. Labour hire
labour will be paid by their employer no less than level 1 Operator and when
assessed as competent level 2 Operator.
3. Subject to
paragraph 2, labour hire labour will be given the benefits of this award by
their employer.
4. All overtime
will be offered first to full time employees of Boral before it is offered to
external labour.
5. If external labour
is used so much that the consultative committee believes it is assuming the
role of full time Boral employees the committee will discuss the appropriate
manning levels of the quarry.
6. To avoid any
doubt, if a new full time Boral position is justified, such person will be
recruited in accordance with the recruitment process determined by the quarry
manager.
7. Prior to
using external labour, the quarry manager will inform the delegate of the
reason for their use, the number to be used and the work they will perform.
SCHEDULE E
Notation:
WET HIRE OF PLANT AND EQUIPMENT LABOUR PROTOCOL
Boral will source external plant and equipment on wet hire
as it sees to meet its operational needs, provided that:
1. Subject to the
Emu Plains Award, all of the quarry’s full time employees will be allocated to
unmanned plant and equipment.
2. Prior to
using external plant or equipment, the quarry manager will inform the delegate
of the reason for its use, the period it is required and the work it will
perform.
3. The wet
hiring of plant or equipment will not be used to contract out by stealth a full
time Boral job.
4. If the
members of the consultative committee are able to suggest a source of dry hire
for plant or equipment that is more commercially viable than wet hire the
quarry manger will give the suggestion genuine consideration.
SCHEDULE F
NOTATION
WEEKEND WORK
ABSENTEEISM PROTOCOL
Where an employee confirms their availability for work on a
weekend or public holiday they are
expected to attend punctually on those days.
If an employee cannot get to work on the day, they are to
duly telephone the provided contact number and leave a message.
Failure to give such notice or a valid and proven reason for
not attending work will, at the quarry manager’s discretion, result in that
person being excluded from working on the following weekend that work is
undertaken.
SCHEDULE G
NOTATION
WEEKEND WORK
PREFERENCE PROTOCOL
DAY
|
PREFERENCE SHIFT
|
Saturday
|
Day Shift
|
Sunday
|
Afternoon Shift
|
Except that, no one can take preference over another
employee’s Primary Skill and casuals or labour hire employees have no
preference.
SCHEDULE H
NOTATION
NEW EQUIPMENT
PROTOCOL
If a new piece of plant or equipment is introduced into the
quarry it will be available as a primary skill subject to:
1. There being
no contest for the "new primary skill" within 12 months of its
introduction or such other period as agreed between the Consultative Committee
and the quarry manager.
2. A review of
the training programs to accommodate the introduction of the new plant or
equipment.
3. After 12
months (or such other period as agreed) a contest for the new primary skill
will occur in accordance with clause 13.4 of the award.
4. After the
contest has occurred if there are any primary skill in Schedule "A"
that have not been assigned (to employees who already have a primary skill)
they will be deleted in accordance with clause 13.5 of the award.
SCHEDULE I
ASSESSMENT &
RECLASSIFICATION REQUEST FORM
Date:
Trainee Name:
Current Skills Level:
Competence Requested:
Assessment to include:
The above named trainee has under taken training and demonstrated
the ability to perform the requested skill to the assessment standard for a
period of .................................................
I ........................................the Emu Plains
Quarry Manager AGREE / DISAGREE the
trainee has demonstrated the ability to perform the required skill to
the assessment standard.
I .........................................the Emu Plains
Quarry Shift Superrvisor AGREE / DISAGREE the trainee has demonstrated the
ability to perform the required skill to the assessment standard.
I .........................................the Emu Plains
Quarry Trainer - Assessor AGREE / DISAGREE the trainee has demonstrated the
ability to perform the required skill to the assessment standard.
If all persons above agree that you the trainee are ready to
be assessed then you shall be:
Provisionally accredited with that new skill and shall
be provisionally reclassified into the relevant classification in clause 8.1 of
the Emu Plains Quarry Award, and
Paid in accordance with the rates of pay in Table 1 of
the award for the classification.
You the trainee must allow a maximum time of 7 working
days for your rate of pay to be adjusted, in accordance with the new
classification.
If all persons above agree that you the trainee are ready to
be assessed then a skill level and pay rate adjustment form must be completed
and forwarded onto the relevant person/department.
The Training and Progression clause 10 as set out in the Emu
Plains Quarry Award must be adhered to, the relevant clauses are as follows:
• Provisional
Accreditation and Reclassification, clause 10.3.
• Progression
Assessment, clause 10.4
• Assessor
and Appeal, clause 10.5
• New
Skill Recognition, clause 10.6
• Progression
to New Classifications In Clause 8.1, clause 10.7
• Failure
to Gain Recognition, clause 10.8
• Reassessment
To Gain Recognition, clause 10.9
• Further
failure to Gain Recognition, clause 10.10
• Payment
For Training, clause 10.12
• Course
fees, clause 10.13
Quarry Manager signed:
Shift Supervisor signed:
Trainer/Assessor signed:
Trainee signed:
Schedule J
‘Wages Sacrifice’
Election Form
Pursuant to clause 46 of the Boral Emu Plains Quarry (State)
Award 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) which will effect how you are paid for such things as annual leave
etc. This will not be the case when
working overtime when you will receive the weekly ordinary time rate of pay
applicable to you before you made your election. The tables below set out the effect of making an election on your
weekly ordinary time rate of pay.