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 0.6-1.5m³;
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 1.5-3.0m³.
(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 3.0-5.3m³;
Operator Dumper > 75t;
Operator Navvy > 5.3m³.
(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.