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New South Wales Industrial Relations Commission
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BORAL EMU PLAINS QUARRY (STATE) AWARD 2006
  
Date08/11/2006
Volume360
Part3
Page No.546
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4549
CategoryAward
Award Code 1796  
Date Posted08/10/2006

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(1796)

(1796)

SERIAL C4549

 

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

15 March 2006

 

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

Boral Construction Materials Group Limited;

 

 

You

an employee employed by Boral at the quarry;

 

 

Us

see "we";

 

 

Your

belonging to you;

 

 

We

also "us" and "our" refers to you and to Boral;

 

 

Start Date

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

 

 

Union

the Australian Workers’ Union  NSW;

 

 

Wife, Husband

shall include de facto wife or husband;

 

 

Father, mother

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

 

 

Afternoon Shift

means any shift finishing after 6.00pm and at or before midnight and shall

 

receive a shift penalty of thirty three and one third  percent;

 

 

Night Shift

means any shift finishing subsequent to midnight and at or before 8.00am and

 

shall receive a shift penalty of thirty three and one third percent;

 

 

Weeks pay

means the ordinary time weekly rate of pay;

 

 

Significant effects

include termination of employment, major changes in the composition, operation

 

or size of Boral’s workforce or in the skills required; the elimination or

 

diminution of job opportunities, promotion opportunities or job tenure; the

 

alteration of hours of work; the need for retraining or transfer of you to other work

 

or locations and the restructuring of jobs.  (Provided that where the award makes

 

provision for alteration of any of the matters referred to herein an alteration shall

 

be deemed not to have significant effect);

 

 

Technological

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

change notice

 

 

 

Quarry

means the Emu Plains quarry owned and operated by Boral Resources (NSW)

 

Pty Ltd;

 

 

Leading Hand

when you are required to supervise or direct or be in charge of other employees.

 

There is no requirement to appoint leading hands merely because groups of

 

employees work together.  Leading hand is an appointment at the absolute

 

discretion of management;

 

 

Primary  skill

the skill you have listed in Schedule A which you would, subject to this award,

 

primarily use;

 

 

Vacant primary

when someone with a primary skill leaves the quarry permanently and their

skill

primary skill becomes vacant and subject to this award, available for you to

 

transfer to;

 

 

Standard

National Competency Standard as contextualised to the quarry;

 

 

Medical certificate

documentation provided by a registered medical practitioner proving that you are

 

incapable of attending work due to a medically diagnosed condition;

 

 

Emu award

Boral Emu Plains Quarry (State) Award;

 

 

External auditor

a reputable and qualified auditor who is not an employee of Boral or a company

 

related to Boral within the meaning of the Corporations Law;

 

 

Ordinary time

the weekly rate of pay you receive for working ordinary hours of work ascertained

weekly rate of pay

from this award inclusive of any all purpose allowances;

 

 

Salaried employees

any employee (who has actually worked as a salaried employee at a site within the

 

Metropolitan Division for the majority of the preceding 12 months) who does not

 

have their terms of employment covered by an award and is not remunerated on a

 

‘total cost’ basis;

 

 

Metropolitan

the operations of Boral Resources (NSW) Pty Ltd comprising the Emu Plains,

Division

Prospect, Peat’s Ridge and Dunmore quarries and any other quarry or similar site

 

operated by them from time to time and the Drill and Blast Team;

 

 

Percentage salary

the percentage before being adjusted to take into account a salaried employee’s

increase

‘compa ratio’ (and excluding any regrading variations);

 

 

An award

an award of the Australian Industrial Relations Commission or the Industrial

 

Relations Commission of New South Wales;

 

 

Gross earnings

the total amount earned exclusive of any expense related allowances;

 

 

General wage

any increase granted by the Industrial Relations Commission of New South Wales

increase

in accordance with section 50 or 51 of the Act;

 

 

Act

the Industrial Relations Act 1996;

 

 

Miscellaneous

manual labouring, shovelling, hosing, greasing and fuelling; and

work

 

 

 

Federal Act

the Workplace Relations Act 1996.

 

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

Nil,

1 year and less than 2 years

4 weeks’ pay

2 years and less than 3 years

7 weeks’ pay

3 years and less than 4 years

10 weeks’ pay

4 years and less than 5 years

12 weeks’ pay

5 years and less than 6 years

14 weeks’ pay

6 years and less than 7 years

16 weeks’ pay

 

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

Nil

1 year and less than 2 years

5 weeks’ pay

2 years and less than 3 years

8.75 weeks’ pay

3 years and less than 4 years

12.5 weeks’ pay

4 years and less than 5 years

15 weeks’ pay

5 years and less than 6 years

17.5 weeks’ pay

6 years and less than 7 years

20 weeks’ pay

 

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)

Basic Competency Skill (requiring all following units)

 

NMITAB units: MNQGEN210A

Work Safely

 

MNQGEN200A

Conduct local risk control

 

MNQGEN240A

Communicate in the workplace

 

MNQGEN230A

Contribute to site quality outcomes

 

Quarry units

Miscellaneous Work

 

 

 

(b)

Wash Plant Operation Skill (requiring all following units)

 

NMITAB units: MNQOPS223A -12

Conduct sand wash plant operations

 

 

Conduct Minor Repairs and

 

 

Maintenance

 

MNQOPS225A -

Operate programmable logic control

 

 

systems

 

MNQOPS262A

Operate Medium Vehicles - table top

 

 

truck

 

Quarry units

Miscellaneous Work;

 

 

 

(c)

Crushing Plant Operation Skill (requiring all following units)

 

NMITAB units: MNQOPS321A

Conduct crushing & screening

 

12

Conduct Minor Repairs and

 

 

Maintenance

 

MNQOPS225A

Operate Programmable Logic

 

 

Control Systems

 

MNQOPS262A

Operate Medium Vehicles - table

 

 

top truck

 

Quarry units

Miscellaneous Work

 

 

 

(d)

Front End Loader Operation Skill (requiring all following units)

 

NMITAB units: MNQOPS231A

Service & handover front end

 

 

loaders

 

MNQOPS331A -

Conduct face loader operations

 

MNQOPS339A -

Conduct Sales Loader Operations

 

MNQOPS262A

Operate Medium Vehicles - table

 

 

top truck

 

28

Service Quarry Plant, Vehicles and

 

 

Equipment

 

Quarry units;

Miscellaneous Work

 

 

 

(e)

Excavator Operation Skill (requiring all following units)

 

NMITAB units MNQOPS232A

Service & handover hydraulic

 

 

Shovel/excavators

 

MNQOPS332A -

Conduct hydraulic shovel/Excavator

 

 

Operations

 

MNQOPS262A

Operate Medium Vehicles- tabletop

 

 

truck and/or service truck

 

28

Service Quarry Plant, Vehicles and

 

 

Equipment

 

Quarry units

Miscellaneous Work;

 

 

 

(f)

Haul Truck Operation (Bin truck, Water truck, Off Road Haul truck)

 

Skill (requiring all following units)

 

NMITAB units MNQOPS233A

Service & handover haul trucks

 

MNQOPS333A

Conduct Haul Truck Operations

 

MNQOPS237A -

Conduct bulk water truck operations

 

MNQOPS262A -

Operate Medium Vehicles

 

28

Service Quarry Plant, Vehicles and

 

 

Equipment

 

Quarry units

Miscellaneous Work;

 

 

 

(g)

Heavy Road Operations Skill (requiring all following units)

 

 

NMITAB units 12

Conduct Minor Repairs and

 

 

 

Maintenance

 

 

13

Stockpile, Load and Dispatch

 

 

 

Product

 

 

26

Operate medium Vehicles - On

 

 

 

road tipper (within the confines of

 

 

 

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.


Operative from the first full pay period to commence on or after 15 March 2006.

 

Post Election Ordinary Time Rate of Pay

 

Level

No Election

1% Election

3% Election

5% Election

7% Election

10% Election

15% Election

20% Election

 

$

$

$

$

$

$

$

$

1

682.48

675.66

662.01

648.36

634.71

614.23

580.11

545.98

2

791.68

783.76

767.93

752.10

736.26

712.51

672.93

633.34

3

805.35

797.30

781.19

765.08

748.98

724.82

684.55

644.28

4

818.99

810.80

794.42

778.04

761.66

737.09

696.14

655.19

5

832.63

824.30

807.65

791.00

774.35

749.37

707.74

666.10

6

846.29

837.83

820.90

803.98

787.05

761.66

719.35

677.03

7

859.95

851.35

834.15

816.95

799.75

773.96

730.96

687.96

8

874.77

866.02

848.53

831.03

813.54

787.29

743.55

699.82

 

Having taken my own independent financial and taxation advice on the matter, I [insert employee name] classified on Level [insert level] elect in accordance with clause 46 of the Boral Emu Plains Quarry (State) Award to forgo:

 

           1%;

 

           3%;

 

           5%;

 

           7%;

 

           10%;

 

           15%; or

 

           20%  [circle percentage elected],

 

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

 

Sacrifice of Annual Cash Bonus Election

 

Having taken my own independent financial and taxation advice on the matter, I (insert employee name) classified on Level (insert level) elect in accordance with clause 46 of the Boral Emu Plains Quarry (State) Award to forgo any annual cash bonus falling due after this election in return for increased employer funded superannuation contributions equal to this amount.

 

[Cross out Sacrifice of Annual Cash Bonus Election if Bonus is not being sacrificed]


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

 

Notation:

 

For the 2004/2005 tax year these were:

 

Under 35 Years of age

35 to 49 Years of age

Over 50 Years of age

$13,934

$38,702

$95,980

 

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

 

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

 

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

 

 

 

M. J. WALTON  J, Vice-President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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