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New South Wales Industrial Relations Commission
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BORAL PROSPECT QUARRY (STATE) AWARD
  
Date07/28/2006
Volume360
Part2
Page No.314
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4550
CategoryAward
Award Code 1562  
Date Posted07/27/2006

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(1562)

(1562)

SERIAL C4550

 

Boral Prospect Quarry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Construction Materials Group Limited.

 

(No. IRC 1243 of 2006)

 

Before The Honourable Justice Walton, Vice-President

15 March 2006

 

AWARD

 

1.1. Arrangement

 

PART A

 

Clause No. Subject Matter

 

Part 1

 

PRELIMINARY

 

1.1 Arrangement

1.2 Purpose

1.3 Anti-Discrimination

1.4 Award Display

1.5 Definitions

 

Part 2

 

CONTRACT OF EMPLOYMENT, ETC.

 

2.1 Contract of Employment

2.2 Consultation

2.3 Utilisation of Skills

2.4 Training

2.5 Redundancy

2.6 Workplace Conflict

2.7 Counselling

 

Part 3

 

CLASSIFICATIONS, WAGES AND ALLOWANCES, ETC.

 

3.1 Classification of Wages

3.2 Payment of Wages

3.3 Tools

3.4 First-aid

3.5 Travel, Board, Lodging and Vehicle Usage

3.6 Wages Sacrifice in Return for Increased Employer Funded Superannuation

 

Part 4

 

HOURS OF WORK, ETC.

 

4.1 Hours of Work - Day Workers

4.2 Working of a 38-Hour Week

4.3 Shift Work

4.4 Meal Breaks

4.5 Rest Breaks

4.6 Sundays and Holidays

4.7 Overtime

 

Part 5

 

LEAVE, ETC.

 

5.1 Annual Leave

5.2 Annual Leave Loading

5.3 Long Service Leave

5.4 Parental Leave

5.5 Bereavement Leave

5.6 Jury Service

5.7 Sick Leave

5.8 State Personal/Carer's Leave Case - August 1996

 

Part 6

 

MISCELLANEOUS

 

6.1 Delegates

6.2 Protective Clothing

6.3 Personal Protective Equipment

6.4 Right of Entry

6.5 Recognised Industrial Organisations of Employees

6.6 Miscellaneous Provisions

6.7 Deduction of Union Membership Fees

 

Part 7

 

REMUNERATION

 

7.1 Adjustment Mechanism

 

Part 8

 

AREA, INCIDENCE AND DURATION

 

8.1 Application and Term

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

Schedule 1 - Employees with a Span of hours of 7.00 am. to 6.00 pm

Schedule 2 - Wages Sacrifice Form

 

1.2. Purpose

 

This award is designed to cater for the needs of the Prospect Quarry and its workforce. It provides consistent and fair conditions of employment.

 

The quarry is in the process of substantial structural change. The estate upon which the quarry is situated is undergoing a complete redevelopment leading to the anticipated close of the quarry some time between 2005 and 2008.

 

The parties to this award are committed to using this award as the base from which ongoing discussions will be held about the closure of the quarry and how best Boral can reasonably assist employees and in turn they assist in preparing for that closure and redevelopment.

 

1.3. Anti-Discrimination

 

(1) 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 and age and responsibilities as a carer.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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."

 

1.4. Award Display

 

A copy of this award shall be exhibited and kept exhibited in the quarry so as to be legible by the employee

 

1.5. Definitions

 

(1) "Quarry" means the Prospect quarry operated by Boral Resources (NSW) Pty Limited.

 

(2) "Accredited competency based training" means competency based training contextualised to the quarry.

 

(3) "Operator in charge of Plant" - An employee shall be deemed to be in charge of an item of plant where -

 

(a) Two or more operators are employed on a unit of plant at the same time and the employee is the operator specifically entrusted with the supervision and responsibility.

 

(b)

 

(i) An operator is instructed by the supervisor of the work that their duties are to include repairs to their unit of plant in addition to the work of operating the plant but not when they merely assist a fitter or engineer to do such work.

 

(ii) Where it is sought to introduce this provision, the site consultative committee shall be consulted prior to any implementation.

 

(4) "Boral" shall mean Boral Construction Materials Group Limited.

 

(5) "Driver Class 1, 2, 3" means a driver so defined in the Traffic Act 1909 and Regulations.

 

(6) "Leading Hand" means an employee who is 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.

 

(7) "Confined Space" means a compartment or space (access to which is through a manhole or similar opening) or a place the dimensions of which necessitate an employees working in a stooped or otherwise cramped position or without proper ventilation.

 

(8) "Ordinary time weekly rate of pay" means the weekly rate of pay for working ordinary hours of work inclusive of any all purpose allowances.

 

(9) "Act" means the Industrial Relations Act 1996.

 

(10) "Federal Act" means the Workplace Relations Act 1996.

 

(11) "Assessor" is an employee appointed as such by Boral in its complete discretion after having obtained the competencies relevant to the role - NMITAB units 7 workplace trainer and 8 workplace assessor.

 

(12) "External auditor" means 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.

 

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

 

(14) "Metropolitan Division" means the operations of Boral Resources (NSW) Pty Ltd comprising the Emu Plains, Prospect, Peat’s Ridge and Dunmore quarries and any other quarry or similar site operated by Boral Resources (NSW) Pty Ltd from time to time and the Drill and Blast Team.

 

(15) "Percentage salary increase" means the percentage before being adjusted to take into account a salaried employee’s ‘compa ratio’ (and excluding any re-grading variations).

 

(16) "An award" means an award of the Australian Industrial Relations Commission or the Industrial Relations Commission of New South Wales.

 

(17) "Gross earnings" means the total amount earned exclusive of any expense related allowances.

 

(18) "General wage increase" means any increase granted by the Industrial Relations Commission of New South Wales in accordance with section 50 or 51 of the Act.

 

part 2

 

CONTRACT OF EMPLOYMENT, ETC.

 

2.1. Contract of Employment

 

(1) Except as hereinafter provided, employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

 

(2) All new employees shall be on probation for the first three months of engagement. There shall be appropriate procedures for the proper induction of new employees (including Occupational Health and Safety matters, a description of the classification the employee will be employed in when commencing work and an outline of work practices and methods in the quarry etc).

 

(3) Termination of employment of weekly employees - Employment shall be terminated:

 

(a) by an employee with one week's notice or by forfeiture of a week's wages; or

 

(b) by Boral in accordance with the Federal Act.

 

Notation:

 

The Federal Act provides for the following periods of notice:

 

Serious Misconduct

Immediate

 

 

Not more than 1 year

1 week

More than 1 but no more than 3 years

2 weeks

More than 3 years but no more than 5 years

3 weeks

More than 5 years

4 weeks

 

If the employee is over 45 years of age and has 2 or more continuous years of service add 1 week for all notice except for serious misconduct.

 

(4) Part-time Employment -

 

(a) An employee may be engaged by the week to work on a part-time basis for a constant number of hours which, having regard to the various ways of arranging ordinary hours, shall average less than 38 but not less than 16 hours per week.

 

(b) An employee so engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed by clause 3.2 Payment of Wages, of Part 3, Classifications, Wages and Allowances, etc., for the classification in which the employee is engaged.

 

(c) An employee engaged on a part-time basis shall be entitled to payments in respect of annual leave, public holidays and sick leave arising under this award on a proportionate basis.

 

(d) No existing employee engaged full-time shall be forced to reduce to part- time employment because of this provision.

 

(e) Employees under this clause shall not commence work prior to their fixed starting time unless such time is paid at overtime rates.

 

(f) The number of part-time employees shall not exceed 20 per cent of employees at the quarry unless agreed to by the majority of employees at the quarry.

 

(g) Prior to the introduction of any part-time employment, Boral should consult with the employees at the quarry by utilising the site consultative mechanism and procedures established in accordance with clause 2.2, Consultation.

 

(5) Casual Employment -

 

(a) A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the work that they perform, plus 15 percent.

 

(b) If after having been engaged by Boral at the quarry for a period of 12 months a casual employee requests to be made permanent Boral shall make the employee a permanent employee.

 

(c) To avoid any doubt the following clauses do not apply to casual employees: 2.1 (1), (2), (3) and (4), 2.5, 2.7, 4.6 (1), (2) and (3), 5.2, 5.4, 5.5, 5.7 and 5.8.

 

(d) A casual employee may have their employment terminated upon one hour’s notice.

 

(6) Late Comers - Notwithstanding anything elsewhere contained in this award, Boral shall utilise for timekeeping purposes the decimal proportion 0.1 of an hour and shall apply such proportion in the calculation of the working time of the employees. When an employee without reasonable cause, promptly communicated to Boral reports for duty after their appointed starting time or ceases duty before their appointed finishing times, Boral may pay the employee only for the time so worked. If Boral adopts a proportion for the aforesaid purposes they shall apply the same proportion for the calculation of overtime.

 

2.2. Consultation

 

(1) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the quarry and to enhance the career opportunities and job security for the employees.

 

(2) The quarry operates a consultative mechanism and procedure suitable to its size and structure (which the relevant unions endorse and participate in as required) and this will continue.

 

(3) For the purpose of this clause, "Relevant Union" shall mean a union which is a party to this award and has members at the quarry.

 

2.3. Utilisation of Skills

 

(1) Employees shall be employed to carry out such duties as may be directed by Boral from time to time, subject to the limits of their skill and competence.

 

(2) Any employee may at any time carry out such duties and use such tools and equipment as may be directed by Boral, provided that the employee is competent to do so.

 

2.4. Training

 

(1) The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of the quarry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

 

(a) developing a more highly skilled and flexible workforce;

 

(b) providing employees with career opportunities through appropriate training to acquire additional skills; and

 

(c) removing barriers to the utilisation of skills acquired.

 

(2) Unless otherwise agreed with an employee, Boral shall develop a training program with each employee consistent with:

 

(a) the current and future needs of the quarry;

 

(b) the size, structure and nature of the operation of the quarry.

 

(c) the need to develop competencies relevant to the quarry.

 

(3)

 

(a) Where it is agreed that additional training in accordance with the program developed pursuant to subclause (2) of this clause should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that, if the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay.

 

(b) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in Boral's technical library) incurred in connection with the undertaking of training shall be reimbursed by Boral upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis, subject to the presentation of reports of satisfactory progress.

 

(c) Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the Boral.

 

2.5. Redundancy

 

(1) Commitment -

 

(a) Preservation of Employment -

 

(i) Where practicable, and having regard to the needs of the quarry, Boral and their employees will co-operate to preserve existing employment and enhance future employment opportunities generally.

 

(ii) This is best achieved when Boral and its employees co-operate to ensure that what can be done is done to produce sustainable improvements in the competitive performance of the quarry.

 

(b) Selection - When redundancies are to occur, those to be made redundant should be selected by reference to the skills, experience, training and performance of individuals compared to the current and future needs of the business concerned. Having undertaken such an assessment, if it is necessary to make redundant individuals that are comparatively equal in terms of the said assessment, unless some other pressing domestic issue is raised by the individuals concerned, the employee or employees with the shortest period of service should be retrenched first.

 

(2) Introduction of Change -

 

(a) Boral's Duty to Notify -

 

(i) Where Boral has made a definite decision to introduce major changes in production program, organisation, structure or technology that are likely to have significant effects on employees, Boral shall notify the employees who may be affected by the proposed changes and the relevant union set out in clause 6.5.

 

(ii) "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 employees 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.

 

(b) Boral's Duty to Discuss Change -

 

(i) Boral shall discuss with the employees affected, inter alia, the introduction of the changes referred to in paragraph (a) of this subclause, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their union in relation to the changes.

 

(ii) The discussions shall commence as early as practicable after a definite decision has been made by Boral to make the changes referred to in the said paragraph (a) and should utilise the consultative structure established at the quarry in accordance with clause 2.2, Consultation, of this part.

 

(iii) For the purposes of such discussion, Boral shall provide in writing to the employees concerned and their union, if any, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that Boral shall not be required to disclose confidential information the disclosure of which would be inimical to Boral's interests.

 

(3) Redundancy -

 

(a) Discussions Before Terminations -

 

(i) Where Boral has made a definite decision that it no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, Boral shall hold discussions with the employees directly affected.

 

(ii) The discussions shall take place as soon as is practicable after Boral has made a definite decision which will invoke the provisions of subparagraph (i) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned. The discussions should utilise the consultative structure established at the quarry in accordance with clause 2.2, Consultation.

 

(iii) For the purposes of the discussion Boral shall, as soon as practicable, provide in writing to the employees concerned and their union, if any, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that Boral shall not be required to disclose confidential information the disclosure of which would be inimical to Boral's interests.

 

(b) Transfer to Lower Paid Duties - Where an employee is transferred to lower-paid duties for reasons set out in subparagraph (i) of paragraph (a) of this subclause, the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated, and Boral may, at Boral's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new lower ordinary-time rates for the number of weeks of notice still owing.

 

(c) Severance Pay - In addition to the period of notice prescribed for termination, an employee whose employment is terminated for reasons set out in the said subparagraph (i) shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

Period of continuous service

Severance pay

 

 

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 or more

16 weeks’ pay

 

and thereafter two weeks pay per year of service up to a maximum payment of 52 weeks’ pay.

 

"Weeks' pay" means the ordinary-time weekly rate of pay for the employee concerned.

 

An employee retrenched having attained the age of 45 years shall be paid at the rate of 1.25 weeks for every week of entitlement according to the payments above.

 

(d) Employee Leaving During Notice - An employee whose employment is terminated for reasons set out in subparagraph (i) of paragraph (a) of this subclause may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he or she remained with Boral until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e) Alternative Employment - Boral, in a particular redundancy case, may make application to the Industrial Relations Commission of New South Wales to have the general severance pay prescription varied if Boral obtains acceptable alternative employment for an employee.

 

(f) Time Off During Notice Period -

 

(i) During the period of notice of termination given by Boral an employee shall be allowed up to one day's time off (one day off without loss of pay during each week of notice for the purpose of seeking other employment).

 

(ii) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of Boral, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent.

 

For this purpose a statutory declaration shall be sufficient.

 

(g) Statement of Employment - Boral shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee.

 

(h) Employees With Less Than One Year's Service - This clause shall not apply to employees with less than one year's continuous service and the general obligation on Boral should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(i) Notice Other Than Technological Change- if an employee is made redundant for a reason other than technological change then they shall be given the relevant period of notice ascertained from clause 2.1 (3).

 

(j) Notice Technological Change - if an employee is made redundant for reason of technological change they shall be given three months notice of termination or payment in lieu of such notice or part notice and part payment.

 

Notation: This period of notice shall be deemed as service for the purposes of the Long Service Leave Act 1955 and the Annual Holidays Act 1944.

 

(k) Notice to Centre Link

 

Where a decision has been made to terminate employees, Boral shall notify Centre Link thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(l) Centre Link Employment Separation Certificate

 

Boral shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "employment separation certificate" in the form required by Centre Link.

 

2.6. Avoidance of Workforce Conflict

 

(1) Subject to the Act the procedure in subclause (3) shall apply in the quarry for the avoidance of conflict in and with the workforce.

 

(2) The objectives of the procedure is be to promote the resolution of conflict by measures based on consultation, co-operation and discussion to reduce the level of conflict within and with the workforce and to avoid interruption to the performance of work and the consequential loss of production and wages.

 

(3)

 

(a) Procedures relating to individual employees -

 

(i) The employee is required to notify (in writing or otherwise) Boral as to the substance of the grievance, request a meeting with Boral for bilateral discussions and state the remedy sought.

 

(ii) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(iii) Reasonable time limits must be allowed for discussion at each level of authority.

 

(iv) At the conclusion of the discussion, Boral must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(v) While a procedure is being followed, normal work must continue.

 

(b) Procedures relating to conflict involving the workforce:

 

(i) The conflict must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(ii) Reasonable time limits must be allowed for discussion at each level of authority.

 

(iii) While a procedure is being followed, normal work must continue.

 

(4) Boral may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

2.7. Counselling

 

Upon Boral becoming aware that an employee’s conduct and/or work performance was/is unsatisfactory they should:

 

(a) undertake an investigation of the matter;

 

(b) put the matter to the employee with any relevant supporting information Boral is aware of and allow them to respond;

 

(c) consider the employee’s response;

 

(d) conclude whether or not the employee’s conduct behaviour and/or work performance was/is unsatisfactory;

 

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

 

(f) take appropriate action.

 

Part 3

 

CLASSIFICATIONS, WAGES AND ALLOWANCES, ETC.

 

3.1. Classifications and Wages

 

(1) Employees covered by this award shall be classified into one of the grades/levels set out below (and for pay purposes may be classified into a sub-grade/level of a grade/level as agreed and set out in Table 1):

 

(a) Grade 1 - Trainee - A Grade 1 Trainee is an employee who, upon entering the production work force of the quarry, will undertake up to three months of induction and skills training. That training will include information on the enterprise, conditions of employment, introduction to quarry personnel, training and career opportunities, quarry layout, work and documentation procedures and specific occupational health and safety equipment appreciation and quality control training.

 

Duties - Indicative of the tasks an employee at this level may perform are the following:

 

general labouring;

 

cleaning;

 

higher grade tasks for training purposes.

 

Responsibility - An employee at this level will perform routine tasks, using minimal judgement, under direct supervision, to the level of their skill and training.

 

Qualification - The qualification required for an entry by the employee will be determined by Boral. Basic literacy and numeracy skills will be desirable. Use and understanding of English is also desirable.

 

Training - In accordance with clause 2.4, Training, of Part 2, Contract of Employment, etc., an employee at this level will be provided with a period of up to 3 months of structured induction and skills training in order to competently perform the duties of a Quarry Worker Grade 2.

 

Progression - An employee may progress from Grade 1 to higher grades after 3 months service and on being able to competently perform the duties at a higher grade.

 

Translation From Old Structure to New - Old classifications that are to be translated to this grade include:

 

no comparable old classification.

 

(b) Grade 2 - Attendant - A Grade 2 Attendant has successfully completed up to three months structured training so as to enable the employee to perform competently the work within the scope of this level.

 

Duties - Indicative of the tasks an employee at this level may perform are the following:

 

attend to, maintain and service fixed and mobile plant; assist with the repair and maintenance of fixed and mobile plant;

 

apply basic quality control and assurance procedures;

 

use Class 1 motor vehicles;

 

maintain simple records; and

 

higher grade tasks for training purposes.

 

Responsibility - An employee at this level works under direct supervision, either individually or in a team environment.

 

Qualification - A Grade 2 Attendant will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

 

Training - In accordance with clause 2.4, Training, of Part 2, Contract of Employment, etc., an employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

 

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

 

Progression - An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

 

When accredited competency based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to a higher grade.

 

Translation From Old Structure to New - Old classifications that are to be translated to this grade include:

 

Labourer, Pick and Shovel;

 

Driver, Motor Vehicle Class 1;

 

Fixed Plant Attendant.

 

(c) Grade 3 - Advanced Attendant - A Grade 3 (Advanced Attendant) has demonstrated the competency, and is required to undertake work at this level.

 

Duties - Indicative of the tasks an employee at this level may perform are the following:

 

operate at least one item of Group A plant;

 

maintain quarry plant and equipment;

 

carry out basic product sampling and quality testing;

 

operate a weighbridge;

 

carry out clerical tasks and maintain simple records;

 

receive, issue and maintain quarry stores;

 

assist in one-the-job training; and

 

higher grade tasks for training purposes.

 

Responsibility - An employee at this level will be responsible for the quality of their own work, subject to routine supervision, and exercise discretion to the level of their skill and training.

 

Qualification - A Grade 3 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

 

When accredited competency based training and assessment becomes available for Grade 3 occupations, successful completion of this training and assessment will be required qualification for this grade.

 

Training - In accordance with clause 2.4, Training, an employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

 

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

 

Progression - An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

 

When accredited competency-based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to a higher grade.

 

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

 

Driver Motor Vehicle Class 3A;

 

Driver Motor Vehicle Class 3B;

 

Control Room Operator C;

 

Weighbridge Operator B;

 

Storesperson.

 

(d) Grade 4 - Operator - A Grade 4 Operator has demonstrated the competency, and is required to undertake work at this level.

 

Duties - Indicative of the tasks an employee at this level may perform are the following:

 

fault find problems and make adjustments to plant;

 

understand and interpret quality assurance procedures and perform analytical tests and ascertain conformity;

 

operate at least one item of Group B plant;

 

operate a weighbridge and allocate trucks;

 

assist in on-the-job training; and

 

higher grade tasks for training purposes.

 

Responsibility - An employee at this level will be responsible for the quality of their work, subject to routine supervision, and exercise discretion to the level of their skill and training.

 

Qualification - A Grade 4 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

 

When accredited competency based training and assessment becomes available for Grade 4 occupations, successful completion of this training and assessment will be required qualification for this grade.

 

Training - In accordance with clause 2.4, Training, of Part 2, Contract of Employment, etc., an employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

 

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

 

Progression - An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

 

When accredited competency based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to the higher grade.

 

Translation From Old Structure to New - Old classifications that are to be translated to this grade include:

 

Operator Remote Control - B;

 

Operator Tractor 295 bhp @ wf;

 

Operator Dumper 15-20t

 

Operator Pneu. Drill 600 bhp;

 

Operator Navvy 3.0-5.3m;

 

Operator Dumper > 75t;

 

Operator Navvy > 5.3m.

 

(e) Quarry Worker Grade 5 Skilled Operator - A Quarry Worker Grade 5 (Skilled Operator) has demonstrated competency and is required to undertake work at this level.

 

Duties - Indicative of the tasks an employee at this level may perform are the following:

 

carry out routine mechanical repairs;

 

operate at least one item of Group C plant;

 

operate multiple weighbridges and carry out computerised allocation of trucks;

 

higher grade tasks for training purposes.

 

Responsibility - An employee at this level will be responsible for the quality of their own work, subject to general supervision, and exercise discretion to the level of their skill and training.

 

Qualification - A Quarry Worker Grade 5 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

 

When accredited competency-based training and assessment becomes available for Grade 5 occupations, successful completion of this training and assessment will be a required qualification for this grade.

 

Training - In accordance with clause 2.4, Training, of Part 2 - Contract of Employment, etc., an employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

 

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

 

Progression - An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

 

When accredited competency-based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to the higher grade.

 

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

 

Operator Remote Control - A;

 

Operator Navvy 0.6-1.5m;

 

Operator Dumper 12-15t;

 

Operator Tractor > 295 bhp @ wf;

 

Operator Dumper 15-20t

 

Operator Pneumatic Drill < 750 cfm;

 

Operator Hydraulic Drill <95 kW;

 

Transport Clerk Special Class;

 

Operator Dumper 20-25t;

 

Operator Navvy 1.5-3.0m.

 

(f) Quarry Worker Grade 6 Advanced Operator - A Quarry Worker Grade 6 (Advanced Operator) has demonstrated the competency, and/or holds the qualification and is required to undertake work at this level.

 

Duties - Indicative of the tasks an employee at this level may perform are the following:

 

operate at least one item of Group D plant;

 

supervise, plan and control clerical and weighbridge operations;

 

prepare and initiate quarry blasts;

 

higher grade tasks for training purposes.

 

Responsibility - An employee at this level will be responsible for the quality of their own work, subject to general supervision, and exercise discretion to the level of their skill and training.

 

Qualification - A Quarry Worker Grade 6 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

 

When accredited competency-based training and assessment becomes available for Grade 6 occupations, successful completion of this training and assessment will be a required qualification for this grade.

 

Training - In accordance with clause 2.4, Training, of Part 2 - Contract of Employment, etc., an employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

 

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

 

Progression - An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

 

When accredited competency-based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to the higher grade.

 

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

 

Operator Tractor 295-600 bhp;

 

Operator Tractor 450-600 bhp;

 

Operator Dumper 25-30t;

 

Tradesperson;

 

Shot Firer;

 

Operator Hydraulic Drill 95+kW;

 

Operator Dumper 30-50t;

 

Supervisor Clerk;

 

Operator Dumper 50-75t.

 

(g) Quarry Worker Grade 7 Special Class Operator - A Quarry Worker Grade 7 (Special Class Operator) has demonstrated competency and is required to undertake work at this level.

 

Duties - Indicative of the tasks an employee at this level may perform are the following:

 

operate at least one item of Group E plant.

 

Responsibility - An employee at this level will be responsible for the quality of their own work, subject to general supervision, and exercise discretion to the level of their skill and training.

 

Qualification - A Quarry Worker Grade 7 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

 

When accredited competency-based training and assessment becomes available for Grade 7 occupations, successful completion of this training and assessment will be a required qualification for this grade.

 

Training - In accordance with clause 2.4, Training, of Part 2 - Contract of Employment, etc., an employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

 

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

 

Progression - An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

 

When accredited competency-based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to the higher grade.

 

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

 

Operator Tractor > 600 bhp;

 

Operator Navvy 3.0-5.3m;

 

Operator Dumper > 75t;

 

Operator Navvy > 5.3m.

 

(h) Tradesperson Level 1 - Mechanical - A Tradesperson

 

A Tradesperson Level 1 - Mechanical, is a tradesperson of one or more of the following classes: Mechanical fitter, pipe fitter on refrigeration work and/or high pressure work, which includes live steam and hydraulic press work, points and crossings fitter and window frame fitter; or a tradesperson who is partly or wholly engaged in setting up and operating the following machines: Lathe, boring machine, milling machine, planing machine, shaping machine, slotting machine, precision grinding machine, and a drilling machine where the operator uses the same precision tools as fitters and turners; or a tradesperson engaged repairing, altering, overhauling, assembling or testing metal of the engine or chassis of motor cars, motor cycles or other motor vehicles; or engaged in repairing and/or overhauling wheeled or track type mobile equipment associated with (a) construction equipment, (b) earthmoving equipment or agricultural and diesel mobile equipment such as petrol and/or diesel engines, chassis, transmission, hydraulics, electrical system and ancillary equipment; or a tradesperson using electric arc and/or oxy-acetylene blow pipe and/or coal gas cutting plant who is required to apply general trade experience as a welder.

 

Responsibility - An employee at this level will be responsible for the quality of their own work, subject to general supervision, and exercise discretion to the level of their skill and training.

 

Qualifications - A Tradesperson Level 1 will have successfully completed a recognised trade certificate course.

 

Training - In accordance with clause 2.4, Training, of Part 2, Contract of Employment, etc., an employee may, over time, be provided with a structured program of training that will allow them to competently perform work at higher levels.

 

Progression - An employee at this level will be responsible for the quality of their own work, subject to general supervision, and exercise discretion to the level of their skill and training.

 

Translation From Old Structure to New - Old classifications that are to be translated to this grade include:

 

Tradesperson

 

(i) Tradesperson Level 2 - Mechanical (Experienced) A Tradesperson Level 2 - Mechanical, is a tradesperson of one or more of the following classes: Mechanical fitter, pipe fitter on refrigeration work and/or high pressure work which includes live steam and hydraulic press work, points and crossings fitter and window frame fitter; or a tradesperson who is partly or wholly engaged in setting up and operating the following machines: Lathe, boring machine, milling machine, planing machine, shaping machine, slotting machine, precision grinding machine, and a drilling machine where the operator uses the same precision tools as fitters and turners; or a tradesperson engaged in repairing, altering, overhauling, assembling or testing metal of the engine or chassis of motor cars, motor cycles or other motor vehicles; or engaged in repairing and/or overhauling wheeled or track type mobile equipment associated with (a) construction equipment, (b) earthmoving equipment or agricultural and diesel mobile equipment such as petrol and/or diesel engines, chassis, transmission, hydraulics, electrical system and ancillary equipment; or a tradesperson using electric arc and/or oxy-acetylene blow pipe and/or coal gas cutting plant who is required to apply general trade experience as a welder.

 

Responsibility - An employee at this level will work autonomously, be responsible for quality control of their own work and may exercise supervision of others in related or similar work.

 

Qualification - A Tradesperson Level 2 will have successfully completed a recognised trade certificate course.

 

Training - In accordance with clause 2.4, Training, of Part 2, Contract of Employment, etc., an employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

 

Progression - A Tradesperson Level 1 will progress to this level after having been employed in the quarrying industry for eighteen months.

 

An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

 

Translation From Old Structure to New - Old classifications that are to be translated to this grade include:

 

Tradesperson Experienced

 

(j) Tradesperson Level 3 - Special Class - A Tradesperson Level 3 is a:

 

Tradesperson Level 1 - Mechanical who is engaged regularly over a period or intermittently during a week in any combination of installing, repairing and maintaining, testing, modifying, commissioning of fault finding on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and who, in the course of such work, is required to read and understand hydraulic and/or pneumatic circuitry that controls fluid power systems; or

 

Responsibility - An employee at this level will work autonomously, be responsible for quality control of their own work and may exercise supervision of others in related or similar work.

 

Qualification - A Tradesperson Level 3 will have had a minimum of two years on-the-job experience as a tradesperson working predominantly on fluid power systems as will enable the tradesperson to perform such work under minimum supervision and technical guidance; and satisfactorily completed a prescribed post-trades course or the achievement to the satisfaction of Boral of a comparable standard of skill and knowledge by other means, including in-plant training or on-the-job experience referred to above; or a Tradesperson Level 3 will have had not less than two years on-the-job experience as a tradesperson working mainly on such complex or intricate circuitry work as will enable the tradesperson to perform such work unsupervised where necessary and practicable; and having, by virtue of either the satisfactory completion of a prescribed post-trades course in industrial electronics or the achievement of a comparable standard of knowledge by other means, including the on-the-job experience referred to above, gained a sufficient comprehension of such complex or intricate circuitry work as will enable the tradesperson to examine, diagnose and modify systems comprising inter-connected circuits.

 

Training - In accordance with clause 2.4, Training, of Part 2, Contract of Employment, etc., an employee may, over time, be provided with a structured program of training that will allow them to competently perform work at higher levels.

 

Progression - An employee may progress to a higher level on the basis of being able to competently perform the skills to work at the higher level and on being selected for a position when a position at that level becomes available.

 

Translation From Old Structure to New - Old classifications that are to be translated to this grade include:

 

Tradesperson Special Class

 

(k) Tradesperson Level 4 - Special Class (Experienced) - A Tradesperson Level 4 is a:

 

Tradesperson Level 2 - Mechanical, who is engaged regularly over a period or intermittently during a week in any combination of installing, repairing and maintaining, testing, modifying, commissioning of fault finding on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and who, in the course of such work, is required to read and understand hydraulic and/or pneumatic circuitry which controls fluid power systems; or

 

Responsibility - An employee at this level will work autonomously, be responsible for quality control of their own work and may exercise supervision of others in related or similar work.

 

Qualification - A Tradesperson Level 4 will have had a minimum of two years on-the-job experience as a tradesperson working predominantly on fluid power systems as will enable the tradesperson to perform such work under minimum supervision and technical guidance; and satisfactorily completed a prescribed post-trades course or the achievement to the satisfaction of Boral of a comparable standard of skill and knowledge by other means, including in-plant training or the on-the-job experience referred to above; or

 

A Tradesperson Level 4 will have had not less than two years' on-the-job experience as a tradesperson working mainly on such complex or intricate circuitry work as will enable the tradesperson to perform such work unsupervised where necessary and practicable; and having, by virtue of either the satisfactory completion of a prescribed post-trades course in industrial electronics or the achievement of a comparable standard of knowledge by other means, including the on-the-job experience referred to above, gained a sufficient comprehension of such complex or intricate circuitry work as will enable the tradesperson to examine, diagnose and modify systems comprising inter-connected circuits.

 

Training - In accordance with clause 2.4, Training, an employee may, over time, be provided with a structured program of training that will allow them to competently perform work at higher levels.

 

Progression - A Tradesperson Level 3 will progress to this level after having been employed in the quarrying industry for eighteen months.

 

An employee may progress to a higher level on the basis of being able to competently perform the skills to work at the higher level and on being selected for a position when a position at that level becomes available.

 

Translation From Old Structure to New - Old classifications that are to be translated to this grade include:

 

Tradesperson Special Class Experienced

 

(2) For the purposes of this clause, the following words shall bear the stated meaning:

 

(a) "Attend to": includes monitoring, inspection and basic operation of fixed plant items such as crushers and conveyors.

 

(b) "Maintain": includes cleaning up, adjustments and re-tensioning, using selected hand tools and simple butt and spot welding and oxy-acetylene cutting.

 

(c) "Service": includes greasing, changing oil, adjusting pressures, changing filters, changing tyres.

 

(d) "Routine mechanical includes replacement of V repairs": - belts, conveyor idlers, crusher manganese, screen cloths, pump impellors and liners and pipe sections.

 

(e) "Simple processing a simple fixed or portable plant": processing plant is operated by an operator who relies on automatic and/or semi-automatic controls and remote indicators to monitor and control the plant's output.

 

The operator is required to perform the major and substantial portion of his/her function within a control room but will, from time to time, perform functions outside the control room.

 

(f) "Complex processing plant": a complex processing plant is operated by a plant operator who is required to monitor and control the complete plants operation by such means as remote indicators and automatic and/or semi-automatic controls.

 

In addition to the system, the operator must have the responsibility of monitoring and controlling at least one further function, such as tipping control, loading out facilities, stock-pilling control or similar functions. The operation is such that the control room cannot generally be left unattended.

 

(g) "Sophisticated", a sophisticated, computer managed processing plant computer managed contains a sophisticated computer system that processing plant": controls most of the operation of the plant. The operator is required to control, adjust and monitor the operation of the plant using the computer system and to troubleshoot production problems by utilising the computer's capabilities.

 

(3) For the purpose of this clause, the "Plant Groupings" are:

 

(a) Group A -

 

Simple Processing Plant;

 

Motor Vehicle Class 3A and 3B.

 

(b) Group B -

 

Wheel and Tracked Loaders up to and including 220 kW;

 

Tracked Dozers up to and including 220 kW;

 

Motor Graders;

 

Mobile Cranes;

 

Dredges;

 

Complex fixed or portable processing plant.

 

(c) Group C -

 

Excavator up to and including 3.0 m;

 

Face shovel up to and including 3.0 m;

 

Dragline up to and including 3.0 m;

 

Dump Truck over 12 t and up to and including 25-t capacity;

 

Motor Scraper over 12 t and up to and including 25-t capacity;

 

Off Highway Water Carts;

 

Wheel or tracked Loader over 220 kW and up to and including 450 kW (not employed at a hard rock face);

 

Tracked dozer over 220 kW and up to and including 450 kW (not employed at a hard rock face);

 

Air Drill;

 

Hydraulic drill up to and including 95 kW;

 

Sophisticated, computer managed processing plant.

 

(d) Group D -

 

Wheel and Tracked Loaders over 220 kW and up to and including 450 kW (employed at a hard rock face);

 

Track Dozer over 220 kW and up to and including 450 kW (employed at a hard rock face);

 

Dump Truck over 25-t and up to and including 75-t capacity;

 

Motor Scraper over 25-t and up to and including 75-t capacity;

 

Hydraulic Drill over 95 kW.

 

(e) Group E -

 

Excavators over 3.0 m;

 

Face Shovels over 3.0 m;

 

Dragline over 3.0 m;

 

Dump Truck over 75-t capacity;

 

Wheel loaders over 450 kW;

 

Tracked Dozers over 450 kW.

 

(4) The rates of pay to be paid to employees as classified in subclause (1) of this clause are set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(5) Additions to Wage Rates - The allowances prescribed in paragraphs (a), (b), (c) and (d) of this subclause shall be treated as part of the employee's ordinary wage for all purposes of the award.

 

(a) In Charge of Plant Allowance (as defined) - the amount per week set out in Item 1 of Table 2, Other Rates and Allowances of Part B.

 

(b) Leading Hand Allowance (as defined), in charge of:

 

2-5 - the amount set out in Item 2 of Table 2.

 

6-10 - the amount set out in Item 3 of Table 2.

 

11-20 - the amount set out in Item 4 of Table 2.

 

More than 20 - the amount set out in Item 5 of Table 2.

 

(c) Competency Assessment Allowance - for undertaking and then successfully completing competency based assessments for the work performed by an employee from time to time the amount per week set out in Item 13 of Table 2, Other Rates and Allowances of Part B.

 

(d) Assessor Skill - An employee appointed as an assessor shall be paid the amount per week set out in Item 14 of Table 2, Other Rates and Allowances of Part B.

 

(6) Confined Spaces Allowance - Quarry Maintenance Personnel - For working in confined spaces (as defined) an employee shall be paid the amount set out in Item 6 of Table 2.

 

3.2. Payment of Wages

 

(1) Wages shall be paid weekly by means of electronic funds transfer.

 

(2)

 

(a) One day of each period shall be recognised as payday for each job. It shall not be later than the same day in each pay period. The pay period shall close not more than three working days before the recognised pay day.

 

(b) Employees shall be paid during ordinary working hours. If they are paid during the usual meal time such time so occupied shall be added to the actual meal time.

 

(c) When employees are terminated, except for misconduct, they shall be paid all wages due to them at the time of their termination. In the case of termination for misconduct or of resignation they shall be paid all wages due to them within twenty-four hours after termination.

 

(d) Where an employee is required by Boral to wait at the quarry beyond the ordinary ceasing time of the employee for payment of wages for a period of more than 15 minutes, they shall be paid at overtime rates for the period during which they are so required to wait.

 

(3) An employee who, upon the termination of his/her employment is entitled to long service leave under the Long Service Leave Act 1955, shall be paid any such entitlement that he/she may have under this Act by Boral within fourteen days of the termination of his/her employment.

 

(4) In the event that a scheduled day off falls on pay day, Boral may pay wages to the employee or employees concerned the next following working day. However, subject to Boral being able to make suitable arrangements, the wages may be paid on the working day preceding the scheduled day off. Provided further that where the scheduled day off falls on a pay day which is a Friday, Boral shall pay wages on the working day preceding this scheduled day off.

 

(5) In the case of termination of employment of an employee, in addition to the entitlement due and payable under the Annual Holidays Act 1944, and the Long Service Leave Act 1955, such employee shall be entitled to payment for that period of rostered time off to which he/she would have become entitled had he/she continued in employment. For the purpose of calculation, this subclause shall refer to that period of leave which the employee would have become entitled to under the relevant Act at the date of termination had his/her employment not terminated.

 

3.3. Tools

 

(1) Tools - Tradesperson Level 1-4 inclusive shall be paid an allowance per week as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons.

 

(2) All tools required by Grades 1-7 inclusive shall be provided free of charge by Boral.

 

3.4. First-Aid

 

(1) An employee holding a first-aid certificate and appointed by Boral to perform first-aid duties shall be paid an allowance per day as set out in Item 8 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to their ordinary rate.

 

3.5. Travel, Board, Lodging and Vehicle Usage

 

(1) Employees temporarily transferred from the quarry to another location shall be paid at ordinary-time rates for all time in excess of that usually spent in travelling to their place of employment and when required to use their private vehicle shall be paid an allowance as set out in subclause (7) of this clause for all distance travelled in excess of that usually travelled to their place of employment. This allowance shall be payable in addition to any payment made under subclause (8) of this clause.

 

(2) An employee -

 

(a) engaged in one locality to work in another; or

 

(b) sent other than at their own request from their usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence, shall be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding three months or, in cases where the employee is in the process of buying a place of residence in the new locality, for a period not exceeding six months. Provided that such expenses shall cease after they have taken up permanent residence or abode at the new location.

 

(3) An employee sent from their usual locality to another (in circumstances other than those prescribed in subclause (2) of this clause) and required to remain away from their usual place of abode shall be paid travelling time whilst necessarily travelling between such localities, and expenses whilst so absent from their usual locality.

 

(4) The rate of pay for travelling time shall be ordinary rates, except on Sundays and holidays when it shall be time and a half.

 

(5) The maximum travelling time to be paid for shall be twelve hours out of every twenty-four or, when a sleeping berth is provided by Boral for all-night travel, eight hours out of every twenty-four.

 

(6) "Expenses", for the purpose of this clause, means:

 

(a) all fares reasonably incurred;

 

(b) reasonable expenses incurred whilst travelling, including the amount as set out in Item 9 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each meal taken;

 

(c) the provision of reasonable board and lodging or a reasonable allowance to cover the cost incurred for board and lodging, not exceeding the amount set out in Item 10 of Table 2 per week.

 

(7) Where employees during working hours are directed by Boral to use their private motor vehicle for any purpose they shall be paid an allowance as set out in Item 11 of Table 2 per kilometre travelled. This allowance shall be payable in addition to any payment made under subclause (8) of this clause.

 

(8) Where public transport is not available at a suitable time, employees shall be paid an allowance as set out in Item 12) of Table 2 per day (which is assessed by reference to each kilometre travelled at the notional distance of ten kilometres) in recognition of the necessity to drive their own car to work.

 

3.6 Wages Sacrifice In Return For Increased Employer Funded Superannuation

 

(1) A permanent employee may elect to forgo receiving part of their weekly ordinary time rate of pay in return for increased employer funded superannuation by completing the election form set out in Schedule A of this award.

 

(2) Having made a wages sacrifice election in accordance with this clause an employee shall have their weekly ordinary time rate of pay reduced by the relevant elected amount except when:

 

(a) overtime is worked in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment for overtime;

 

(b) calculating allowances arising from Part B - Table 2, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;

 

(c) calculating annual leave loading, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said allowances;

 

(d) calculating payments upon termination of employment (pay in lieu of notice, accrued annual and long service leave entitlements and redundancy pay) in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the payment those payment upon termination; or

 

(e) calculating an employee’s minimum statutory Superannuation Guarantee contribution, in which case the relevant pre election weekly ordinary time rate of pay shall apply for the purposes of calculating the said contribution.

 

(3) If an employee has made an election in accordance with this clause Boral shall provide the employee with employer funded superannuation contributions in the amount elected in addition to any statutory contributions.

 

(4) Having made an election in accordance with this clause an employee may cease or vary their election by completing a further election form as set out in Schedule 2 of this award to have prospective effect on and only on 1 January or 1 July each year.

 

(5) Despite anything else in this clause, if an employee makes an election in accordance with this clause:

 

(a) should any laws governing taxation or superannuation change at any time so as to impose any additional cost or tax upon Boral than those applicable at the commencement of the operation of this clause then Boral may serve a notice upon the employee of their intention to cease the wages sacrifice for the employee and upon the first full pay period to commence on or after the service of the notice the employee’s wages sacrifice election shall cease to operate;

 

(b) the employee enters a period of leave without pay the employee’s wages sacrifice election shall be suspended for the period of such leave;

 

(c) during any period when the employee is injured or incapacitated and in receipt of workers’ compensation payments, Boral will continue to provide the employee with employer funded superannuation contributions in the amount elected while the employee is still employed by Boral, up to a maximum of 26 weeks within any continuous period of 52 weeks from the date of the employee’s injury or incapacitation; or

 

(d) the employee must not make a sacrifice election of a percentage that when added to the minimum Superannuation Guarantee Contribution exceeds the age-based contribution limit provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946 (Cth).

 

Part 4

 

HOURS OF WORK, ETC.

 

4.1. Hours of Work - Day Workers

 

(1) Subject to clause 4.2, Working of a 38-Hour Week, the ordinary hours of work shall be an average of 38 per week.

 

(2) Subject to Schedule 1, the ordinary hours of work prescribed herein may be worked Monday to Friday inclusive worked continuously, except for meal breaks, at Boral’s discretion between the spread of hours of 6.30 a.m. and 6.00 p.m.

 

Provided that the spread of hours may be further altered by mutual agreement between Boral and the majority of employees concerned.

 

(3) The ordinary hours of work prescribed herein shall not exceed ten on any day. Provided that in any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between the Boral and the majority of employees concerned in the quarry.

 

4.2. Working of a 38-Hour Week

 

(1) 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 leisure day on which all employees at the quarry will be off work; or

 

(b) by Boral fixing two rostered work days on which employees may be rostered off for two half days during a particular 4-week work cycle; or

 

(c) by Boral rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during a 4-week work cycle; or

 

(2) Provided that, where Boral has not fixed a rostered day or half day off as above then, by agreement with the employee concerned, an employee may work less than eight ordinary hours on any one day or more days each week.

 

(3) Rostered days off may be accumulated to a maximum of five days by agreement between Boral and the individual employee concerned.

 

(4) Where such rostered work day as prescribed by paragraphs (a), (b) and (c) of subclause (1) of this clause falls on a public holiday as prescribed in clause 4.6, Sundays and Holidays, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle or the next is agreed upon in writing between Boral and the employee(s).

 

(5) 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 accrual purposes.

 

(6) An employee who has not worked, or is not regarded by reason of the said paragraph (a) as having worked a complete 19-day four-week cycle, shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle payable for the rostered day off or, in the case of termination of employment, on termination.

 

(7) The accrued rostered day prescribed in paragraphs (a), (b) and (c) of subclause (1) of this clause shall be taken as a paid day off, provided that the day may be worked where that is required by Boral and such work is necessary to allow other employees to be employed productively or to carry out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case the employee shall take another day off at their discretion within the next seven days.

 

4.3. Shift Work

 

(1) Definitions: For the purposes of this clause -

 

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.

 

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

"Rostered Shift" means any shift of which the employee concerned has at least forty-eight hours' notice.

 

"Continuous work" means work carried on with consecutive shifts of employees throughout the twenty-four hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of Boral.

 

(2) Shift Work -

 

(a) Subject to clause 4.2, Working of a 38-Hour Week, the ordinary hours of work shall be an average of 38 per week.

 

(b) The ordinary hours shall be worked continuously each day except for meal breaks at the discretion of Boral. Subject to the provisions of clause 4.4, Meal Breaks, an employee shall not be required to work for more than five ordinary hours without a break for a meal. Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

(c) Provided that the ordinary hours of work prescribed herein shall not exceed ten hours on any day. In any arrangement of ordinary working hours, where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between Boral and the majority of employees concerned in the quarry.

 

(3) Roster: Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

(4) Variation by Agreement: Notwithstanding anything elsewhere contained in this award, the method of working shifts may in any case be varied by agreement between Boral and the accredited representative(s) of the employees to suit the circumstances of the quarry. The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the employee concerned and Boral to suit the circumstances of the quarry or shift work may rotate weekly or fortnightly with day work. In the absence of agreement, by seven days' notice of alteration given by Boral to the employees.

 

(5) Afternoon or Night Shift Allowances -

 

(a) A shift worker whilst on afternoon or night shift shall be paid for such shift 33.33 per cent more than their ordinary rate.

 

(6) The minimum rate to be paid to a shift worker for ordinary hours of work performed between midnight on Friday and midnight on Saturday shall be time and a half for the first two hours and double time thereafter. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (5) of this clause.

 

(7) Shift workers for all time worked by shift workers in excess of or outside their ordinary working hours, or on a shift other than a rostered shift, shall:

 

(a) if employed on continuous work, be paid at the rate of double time; or

 

(b) if employed on other shift work, at the rate of time and a half for the first two hours and double time thereafter, except in each case when the time is worked:

 

(i) by arrangement between the employees themselves; or

 

(ii) for the purpose of effecting the customary rotation of shifts.

 

Provided that when not less than eight hours' notice has been given to Boral by a relief person that they will be absent from work and the employee whom they should relieve is not relieved and is required to continue to work on their rostered day off, the unrelieved employee shall be paid double time.

 

(8) Boral may require any employee to work reasonable overtime at overtime rates.

 

(9) Sundays and Holidays - For all time worked by shift workers on a Sunday or holiday they shall be paid at the rates prescribed by clause 4.6, Sundays and Holidays. Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on each Sunday or holiday.

 

Where a shift falls partly on a holiday, the major portion of the shift that falls on a holiday shall be regarded as the holiday shift.

 

(10) Notwithstanding the provisions of this clause, employees on shift work shall be allowed a thirty-minute paid meal break during each shift, which shall be counted as time worked.

 

4.4. Meal Breaks

 

(1) An employee shall not be required to work for more than five ordinary hours of work without a break for a meal.

 

Provided that by agreement between Boral and the employee concerned, an employee may be required to work in excess of five ordinary hours but not more than six ordinary hours at ordinary rates of pay without a meal break.

 

(2) The time of taking a scheduled meal break by one or more employees may be altered by Boral if it is necessary to do so in order to meet a requirement for continuity of operations.

 

(3) Boral may stagger the time of taking a meal break to meet operational requirements.

 

(4) Subject to the provision of subclause (1) of this clause, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while such plant is idle.

 

(5) Except as provided in subclauses (1) (2) and (4) of this clause, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

 

4.5. Rest Breaks

 

(1) An employee shall be given a rest break of ten minutes each day.

 

(2) Boral may stagger the time of taking a rest break to meet operational requirements.

 

(3) The time of taking a scheduled rest break by one or more employees may be altered by Boral if it is necessary to do so in order to meet a requirement for continuance of operations.

 

(4) In the case of shift workers, this paid rest break may be combined with the paid meal break so as to enable a thirty-minute paid meal break.

 

4.6. Sundays and Holidays

 

(1) New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day and an additional day's holiday to be observed pursuant to subclause (2) of this clause and any other day gazetted as a public holiday for the State shall be holidays for the purposes of this award and shall be granted without loss of pay.

 

(2) In accordance with subclause (1) of this clause, an employee shall be entitled to one additional day as holiday (picnic day) in each calendar year. Such additional holiday shall be observed on the first Monday in December unless otherwise agreed with an employee. The additional holiday is not cumulative and must be taken within each calendar year.

 

(3) Where an employee is absent from employment on the working day before or the working day after a holiday, without reasonable excuse or without the consent of Boral, the employee shall not be entitled to payment for such holiday.

 

(4) For work done on any of the holidays referred to in subclause (1) of this clause, double time and one-half shall be paid, with a minimum payment for four hours' work.

 

(5) For work done on a Sunday, double time with a minimum payment for four hours' work shall be paid.

 

4.7. Overtime

 

(1) Payment for Working Overtime - For all work done outside of and/or in excess of ordinary hours the rate of pay shall be time and one-half for the first two hours and double-time thereafter, such double time to continue until the completion of the overtime work. Except as provided in subclause (2) of this clause, in computing overtime, each day's work shall stand-alone. The hourly rate, when computing overtime, shall be determined by dividing the appropriate weekly rate by 38.

 

(2) Rest Period After Overtime - When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that the employees have at least ten consecutive hours off duty between the work of successive days. An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If, on Boral’s instruction, such employee resumes or continues work without having had such ten consecutive hours off duty, they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. The provisions of this subclause 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; or

 

(c) where a shift is worked by arrangement between the employees themselves.

 

(3) Call Back and Standing By - An employee recalled to work overtime after leaving the quarry (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work or, where the employee has been paid for standing by, shall be paid for a minimum of three hours' work at the appropriate rate for each time they are recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work for the full three or four hours, as the case may be, if the job they were recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to Boral's premises to perform a specific job outside their ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause (4) of this clause when the actual time worked is less than three hours on such recall or on each of such recalls. Subject to any custom now prevailing under which employees are required regularly to hold themselves in readiness for a call back, an employee required to hold themselves in readiness to work after ordinary hours shall, until released, be paid standing-by time at ordinary rates from the time from which they are to hold themselves in readiness.

 

(4) Cribs -

 

(a) An employee who is required to work overtime for 2 hours or more after the normal ceasing time shall be allowed, at the expiration of the said 2 hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every 4 hours of overtime worked. Time for meals or crib shall be paid at the applicable overtime rate.

 

(b) Where overtime is worked on a Saturday or Sunday, a paid break for a meal of 30 minutes shall be allowed between 12 noon and 1.00 p.m. at the applicable overtime rate.

 

(5)

 

(a) Meal Allowance - An employee required to work overtime for more than one and a half hours after the ordinary ceasing time on any day without being notified on the previous day or earlier shall be provided with a meal or paid the amount set out in Item 9 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for such meal, and the said amount set out in Item 9 for each subsequent meal after such further four hours overtime; provided that an employee shall have the option of returning home for a meal, in which case the employee shall not be entitled to payment of a meal allowance.

 

(b) An employee who has been notified of the intention to work overtime but who is not called upon to work such overtime shall be paid an amount as set out in Item 9 of Table 2.

 

(6) Saturday Work - An employee required to work overtime on a Saturday shall be afforded at least four hours' work or paid for four hours at the appropriate rate, except where such overtime is continuous with ordinary time or overtime commenced on the previous day.

 

(7) Reasonable Overtime

 

(a) Subject to (b) below, Boral may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c) For the purposes of (b) what is unreasonable or otherwise will be determined having regard to:

 

(i) any risks to employee health and safety;

 

(ii) the employee’s 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 the employee of their intention to refuse it; and

 

(v) any other relevant matters.

 

Part 5

 

LEAVE, ETC.

 

5.1. Annual Leave

 

(1) Employees, other than seven-day shift workers, see Annual Holidays Act 1944.

 

(2) In addition to the leave provided for by subclause (1) of this clause, seven-day shift workers who are rostered to work regularly on Sundays and holidays shall be allowed an additional one week's leave; provided that, if during the year of employment an employee has served for only a portion of it as a seven-day shift worker, the additional leave shall be one day for every thirty-six ordinary shifts worked as a seven-day shift worker.

 

In this subclause, reference to one week and one day shall include holidays and non-working days.

 

5.2. Annual Leave Loading

 

(1) In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(2) Before an employee is given an takes their annual leave or, where by agreement between Boral and employee the annual leave is given and taken in more than one separate period, then before each of such separate periods Boral shall pay the employee a loading determined in accordance with this clause. (Note: The obligation to pay in advance does not apply where an employee takes annual leave wholly or partly in advance.)

 

(3) The loading is payable in addition to the pay for the period of leave given and taken and due to the employee under the Act and this award.

 

(4) The loading is to be calculated in relation to any period of annual leave to which the employee becomes entitled under the Act and this award or, where such leave is given in separate periods, then in relation to each period.

 

(5) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (4) at the rate per week of 17. 5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing annual leave, excluding any other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by this award.

 

(6) No loading is payable to an employee who takes annual leave wholly or partly in advance; provided that, if the employment of such an employee continues until the day when they would have become entitled under the Act to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with subclause (5) of this clause, applying the award rates of wages payable on that day.

 

(7) Where, in accordance with the Act, the quarry or part of it is temporarily closed down for the purpose of giving annual leave or leave without pay to the employees concerned -

 

(a) An employee who is entitled under the Act to annual leave and who is given and takes such leave shall be paid the loading calculated in accordance with subclause (5) of this clause.

 

(b) An employee who is not entitled under the Act to annual leave and who is given and takes leave without pay shall be paid, in addition to the amount payable to them under the Act, such proportion of the loading that would have been payable to them under this clause if they had become entitled to an annual holiday prior to the closedown as their qualifying period of employment in completed weeks bears to 52.

 

(8)

 

(a) Where the employment of an employee is terminated for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave to which they became entitled, they shall be paid a loading calculated in accordance with subclause (6) of this clause for the period not taken.

 

(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

(9) This clause extends to an employee who is given and takes annual leave and who would have worked as a shift worker if they had not been on leave; provided that, if the amount to which the employees would have been entitled by way of shift work allowances and/or weekend penalty rates for the ordinary time (not including time on a public holiday) which the employee would have worked during the period of the leave exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

5.3. Long Service Leave

 

(1) See Long Service Leave Act 1955.

 

5.4. Parental Leave

 

(1) See the Act.

 

5.5. Bereavement Leave

 

(1) An employee other than a casual employee shall be entitled to a maximum of three days' leave without loss of pay on each occasion of the death of the person prescribed for the purposes of clause 5.8 (1) (c) (ii).

 

(2) The employee 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 the death.

 

(3) Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of clause 5.8(1)(c)(ii), provided that for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(4) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(5) Bereavement leave may be taken in conjunction with other leave available under clause 5.8.

 

5.6. Jury Service

 

(1) An employee on weekly hiring required to attend for jury service during their ordinary working hours shall be reimbursed by Boral an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages they would have received in respect of the ordinary time they would have worked had they not been on jury service.

 

(2) An employee shall notify Boral as soon as possible of the date upon which they are required to attend for jury service. Further, the employee shall give Boral proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

5.7. Sick Leave

 

(1) Weekly employees shall, subject to the production of a medical certificate or other evidence satisfactory to Boral (which may include a statutory declaration) 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 of an employee in any year.

 

(2) The employee shall, unless it is not reasonably practicable to do so (proof whereof shall be on the employee) make every effort to notify Boral of their absence prior to their normal starting time on the same day of their absence, but in any circumstances within 24 hours of their normal starting time.

 

(3) The payment for any absence on sick leave in accordance with this clause during the first three months of employment of any employee may be withheld by Boral until the employee completes such three months of employment, at which time the payment shall be made.

 

(4) An employee shall not be entitled to sick leave for any period in respect of which such employee is entitled to workers' compensation.

 

(5) 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.

 

(6) If an award holiday occurs during an employee's absence on sick leave, then such award holiday shall not be counted as sick leave.

 

(7) Service with Boral before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

 

(8) Where an employee is ill or incapacitated within the meaning of this clause on their rostered day or shift off, they shall not be entitled to sick pay on that day nor shall their sick leave entitlement be reduced as a result of such illness or incapacity.

 

5.8. State Personal/Carer's Leave Case - August 1996

 

(1) Use of Sick Leave

 

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 5.7, Sick Leave, 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) The employee shall, if required, establish either 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, an employee 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) the employee being responsible for the care of the person concerned; and

 

(ii) the person concerned being:

 

(a) a spouse of the employee; 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 the employee; or

 

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

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

 

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

 

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

 

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

 

(2) Unpaid Leave for Family Purpose

 

(a) An employee may elect, with the consent of Boral, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3) Annual Leave

 

(a) An employee 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) An employee 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.

 

(4) Time Off in Lieu of Payment for Overtime

 

(a) An employee 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 paragraph (a) of this subclause, 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 the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5) Make-up Time

 

(a) An employee may elect, with the consent of Boral, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b) An employee on shift work may elect, with the consent of Boral, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6) Rostered Days Off

 

(a) An employee may elect, with the consent of Boral, to take a rostered day off at any time.

 

(b) An employee may elect, with the consent of Boral, to take rostered days off in part day amounts.

 

(c) An employee 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 employee, or subject to reasonable notice by the employee or Boral.

 

(d) This subclause is subject to Boral informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

Part 6

 

MISCELLANEOUS

 

6.1. Delegates

 

(1) An employee appointed delegate in a quarry in which they are employed shall, upon notification thereof to Boral, be recognised as the accredited representative of the union to which they belong. An accredited delegate shall be allowed reasonable time during working hours to interview Boral or their representative on matters affecting employees whom they represent.

 

(2) Subject to the prior approval of Boral, an accredited delegate shall be allowed a reasonable period of time during working hours to interview a duly accredited union official of the union to which they belong on legitimate union business.

 

(3) Notice Board: Boral shall permit a notice board of reasonable dimensions to be erected in a prominent position in the quarry so that it will be reasonably accessible to all employees working under the award. Accredited union representatives shall be permitted to put on the notice board or boards union notices, signed or countersigned by the representative posting it. Any notice posted on such board not so signed or countersigned may be removed by an accredited union representative or by Boral.

 

6.2. Protective Clothing

 

(1) Each employee shall be provided with two pairs of appropriate overalls or trousers/shirt or shorts/shirt combinations per annum free of charge.

 

(2) Each employee shall be provided with a maximum of two pairs of safety boots/shoes per annum on a one pair for one pair replacement basis.

 

(3) Any other article of protective clothing that is required shall be provided by Boral and shall be worn.

 

(4) The articles so supplied in subclause (1), (2) and (3) of this clause shall remain the property of Boral.

 

6.3. Personal Protective Equipment

 

(1) All personal protective equipment that is required shall be provided by Boral and shall be worn.

 

(2) All articles of personal protective equipment shall remain the property of Boral.

 

(3) Boral shall replace such articles when, in the opinion of Boral, they are no longer in a serviceable condition, but no employee shall be entitled to a replacement unless they return the corresponding article issued to them or, if the article is lost or misplaced by the employee to whom it was issued, they shall pay a reasonable price for the article.

 

6.4. Right of Entry

 

(1) Subject to subclause (2) and (3), the right of entry to the quarry by an officer of a recognised industrial organisation of employees shall be in accordance with the Act.

 

(2) Any officer of a recognised industrial organisation of employees shall only be granted access to the quarry if they are duly authorised to do so by their Secretary.

 

(3) Prior to entering the quarry in accordance with subclause (1) and (2) the officer must first report to the quarry manager.

 

6.5. Recognised Industrial Organisations of Employees

 

(1) The following industrial organisations of employees are recognised, within the limits of their constitution rule, to be the relevant industrial organisations of employees in the quarry industry:

 

1. The Australian Workers' Union, New South Wales;

 

2. New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union.

 

(2) Nothing stated above is to be construed to confer a right of preference of employment in favour of a member of an industrial organisation of employees over a person who is not a member of an industrial organisation of employees.

 

6.6. Miscellaneous Provisions

 

(1) Damage to clothing, spectacles, hearing aids and tools - Compensation to the extent of the damage sustained shall be made where, in the course of the work clothing, spectacles, hearing aids or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances. Provided that Boral’s liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties; provided further, that this paragraph shall not apply when an employee is entitled to workers' compensation in respect of the damage.

 

(2) Case hardened prescription lenses - If Boral requires an employee to have their prescription lenses case hardened they shall pay for the cost of such case hardening.

 

6.7. Deduction of Union Membership Fees

 

(1) Boral shall deduct union membership fees (not including fines and levies) from the pay of an employee, provided that:

 

(a) the employee has authorised Boral to make such deductions in accordance with sub clause (2) herein;

 

(b) the union shall advise Boral of the amount to be deducted for each pay period and any changes to that amount;

 

(c) deduction of fees shall occur in each pay period in which payment has or is to be made to an employee; and

 

(d) there shall be no requirement to make deductions for casual employees with less than two month’s service (continuous or otherwise).

 

(2) The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of union fees (including any variation in that fee affected in accordance with the union’s rules) that the union advises Boral to deduct.

 

(3) Monies so deducted from employees’ pay shall be remitted to the union on either a weekly, fortnightly, monthly, or quarterly basis at Boral’s election together with all necessary information to enable reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a) where Boral has elected to remit on a weekly or fortnightly basis they shall be entitled to retain up to 5 per cent (plus any GST) of the monies deducted; and

 

(b) where Boral has elected to remit on a monthly or quarterly basis they shall be entitled to retain up to 2.5 per cent (plus any GST) of the monies deducted.

 

(4) Nothing in this clause requires an employee who has already authorised the deduction of fees in writing from their pay prior to this clause operating re-authorising such deduction.

 

(5) The union shall give Boral a minimum of two months notice of any change to the amount of membership fee to be deducted.

 

(6) An employee may at any time revoke in writing an authorisation given to Boral.

 

PART 7

 

REMUNERATION

 

7.1. Adjustment Mechanism

 

(1) On the first full pay period to commence on or after 1 November each year the rates set out in Table 1 - Wages and the allowances set out in Table 2 - Other Rates and Allowances shall 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 Prospect quarry.

 

Notation: A salaried employee will be taken to be employed in the Prospect quarry if they have worked in the quarry for the majority of the preceding 12 months.

 

(2) On the first full pay period to commence on or after 1 November each year each employee 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 Prospect quarry,

 

applied to their gross earnings for the preceding twelve months.

 

Notation: A salaried employee will be taken to be employed in the Prospect quarry if they have worked in the quarry for the majority of the preceding 12 months.

 

(3) 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 7.1 (1); and/or

 

(b) average percentage bonus determined for the purposes of clause 7.1 (2).

 

(4) 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.

 

(5) Despite any thing else in his award, the wage increase paid in accordance with clause 7.1 (1) shall not be less than any general wage increase granted in that year.

 

Part 8

 

AREA, INCIDENCE AND DURATION

 

8.1. Application and Term

 

(1) This award shall apply to all employees of Boral employed in the quarry within the classifications set out in clause 3.1.

 

(2) This award rescinds and replaces the Boral Prospect Quarry (State) Award published 23 April 2004 (344 I.G. 160).

 

(3) This award shall operate on and from the first full pay period to commence on or after15 March 2006 and have a nominal term of three years.

 

(4) The terms of this award accord with section 19 (6) of the Act and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 18 December 1998 (308 I.G. 307).

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Grade/Level

Sub-grade/Level

Description

Weekly Wage

 

 

 

$

2

1

Labourer Pick & Shovel

671.18

2

2

Fixed Plant Attendant

673.67

3

3

Driver Class 3A

689.17

3

4

RCRO "C"

704.57

3

5

Lab Assistant

 

3

 

Weighbridge Clerk

732.42

4

6

RCRO "B"

 

4

 

Tractor 35-70

754.10

4

7

Crane Op. 10-20 Tonnes

768.29

4

 

RCRO "A"

 

4

 

Clerk A Grade 2

 

4

8

Tractor Op. 130-295

774.47

5

9

Plant Op. 12-15 Tonnes

782.39

5

10

Tractor Op. 295-450 not HRQF

790.19

5

 

Clerk Grade 3

 

5

11

Navvy Op. 1.5 m to 3.00m

797.99

5

 

Tractor Op. 450-600 bhp

 

6

12

Plant Op. 30-50 Tonne

804.71

6

 

Clerk Grade 4

 

6

13

Laboratory Technician

810.67

6

 

Plant Operator 50-70 Tonne

 

7

14

Plant Operator 50-70 Tonne +

816.85

 

 

Operator > 5.3 m bucket

 

1

 

Tradesperson - Mechanical

820.20

2

 

Tradesperson - Mechanical (experienced)

853.37

3

 

Tradesperson - Special Class

858.24

4

 

Tradesperson - Special Class (experienced)

891.31

 

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 employees for the matters previously dealt with by the said allowances.

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause

Description

Amount

 

 

 

$

1

3.1(5)(a)

In charge of plant

14.31 per week

2

3.1(5)(b)

Leading hand 2-5

21.04 per week

3

3.1(5)(b)

Leading hand 6-10

29.94 per week

4

3.1(5)(b)

Leading hand 11-20

42.41 per week

5

3.1(5)(b)

Leading hand 20+

54.08 per week

6

3.1(6)

Confined space

0.63 per hour

7

3.3(1)

Tools

15.35 per week

8

3.4(1)

First aid

2.12 per day

9

3.5(6) & 4.7

Meals

12.79 per meal

10

3.5(6)

Board and lodging

330.00 per week

11

3.5(7)

Motor use

0.60 per km

12

3.5(8)

No transport

6.97 per day

13

3.1(5)(c)

Competency

5.81 per week

14

3.1(5)(d)

Assessor

27.14 per week

 

Schedule 1

 

EMPLOYEES WITH A SPAN OF HOURS OF 7.00 AM TO 6.00 PM

 

In accordance with previous savings undertakings the following employees who were employed prior to the 9th November 1990 and at that time regularly worked before 7.00 am each day Monday to Friday shall have their ordinary hours of work commence at 7.00 am Monday to Friday inclusive:

 

Emp #

Employee Name

Start Date

 

 

 

00400

Abela Vincent

14/01/57

 

 

 

 

 

 

00509

Filippin Antonio

05/03/86

00105

Duck Gerard Michael

01/07/83

00609

Mizzi Tony

02/06/86

00610

Shepherd Douglas Francis

19/06/87

 

Schedule 2

 

WAGES SACRIFICE’ ELECTION FORM

 

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 3.6 of the Boral Prospect Quarry (State) Award elect 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.

 

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 3.6 of the Boral 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.

 

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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