Boral Emu Plains Quarry Transition to Closure (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Construction Materials Group Limited.

 

(No. IRC 1244 of 2006)

 

 

AWARD

 

Contents

 

Preamble

 

PART 1

 

The Pre Transition Period

 

1.1       Early Retirement

 

PART 2

 

The Transition Period

 

2.1       Early Retirement

 

PART 3

 

The Transition Period & Closure Period

 

3.1       Alternative Employment

3.2       WorkCover Tickets

3.3       Retraining

3.4       Outplacement Services

3.5       Relocation

3.6       Multi Skilling and Discontinuance of Primary Skill

 

PART 4

 

The Closure Period

 

4.1       Use of Contractors

4.2       Supervision of Contractors

4.3       Selection and Labour Retention

4.4       Retention Redundancy Bonus

4.5       Continuity of Quarrying Operations

4.6       Media

 

PART 5

 

The Post Closure Period

 

5.1       New Business

 

PART 6

 

General

 

6.1       No Further Claims

6.2       No Precedent

6.3       Indexation of Monetary Amounts

6.4       Set Off

6.5       Relationship to Parent Award

6.6       Disputes Procedure

6.7       Anti-Discrimination

6.8       Dictionary

6.9       Area, Incidence and Duration

 

Preamble

 

Boral’s Emu Plains Quarry draws its raw feed from the Penrith Lakes Development Scheme.  The Scheme is drawing to finality and it is anticipated that the Scheme will cease to provide raw feed in 2011.

 

As such the Emu Plains Quarry will cease to operate.

 

The Scheme is a unique process where the removal of raw feed from the Scheme is part of the redevelopment of the Scheme’s lands for final use as residential and recreational lands.

 

As the Scheme draws to finalization, it will require a level of co-operation and flexibility from Boral Quarries and its employees not usually required in a standard quarrying operation and a recognition that all employment at the Emu Plains Quarry will come to an end.

 

For their part many employees will see the finalization of the Scheme as a threat to historically secure employment others will see it as a convenient opportunity to end working life or pursue other career opportunities.

 

Boral Quarries recognizes this and understands that employees will be effected differently.

 

Some will:

 

(a)        retire form working life;

 

(b)        seek further employment with Boral Quarries;

 

(c)        seek further employment with Boral; or

 

(d)        seek further employment elsewhere.

 

This award is designed to address all of these circumstances in balance with the needs of Boral Quarries.

 

There are four distinct periods that this award relates to the:

 

(1)        Pre Transition Period (2003 to 2008);

 

(2)        Transition Period (2009);

 

(3)        Closure Period (2010 to ending of quarrying activities); and

 

(4)        Post Closure Period (after the current quarrying activities have ceased).

 

PART 1

 

The Pre Transition Period

 

Part 1 - applies during the Pre Transition Period only.

 

1.1.  Early Retirement

 

A number of employees may already be considering and planning for retirement from working life.  For some employees this may coincide conveniently with the finalization of quarrying activities.  For others the timing may be less convenient and they may wish to retire before the finalization of quarrying activities.  To assist and facilitate this during the Pre Transition Period, Boral Quarries will allow any employee who is fifty five years of age or more with twenty or more years of service to elect to take a retirement redundancy package of 26 weeks pay for the purposes of retiring from working life (replacing them initially with labour hire if required).

 

To avoid any doubt the:

 

(a)        RRP will not apply to any employee taking up this option; and

 

(b)        Redundancy provisions of the Parent Award do not apply to an employee electing to take a retirement redundancy package.

 

PART 2

 

The Transition Period

 

Part 2 applies during the Transition Period only.

 

2.1.  Early Retirement

 

A number of employees may already be considering and planning for retirement from working life.  For some employees this may coincide conveniently with the finalization of quarrying activities.  For others the timing may be less convenient and they may wish to retire before the finalization of quarrying activities.  To assist and facilitate this during the Transition Period, Boral Quarries will allow any employee who is fifty five years of age or more with twenty or more years of service to elect to take a retirement redundancy package of 39 weeks pay for the purposes of retiring from working life (replacing them initially with labour hire if required).

 

To avoid any doubt the:

 

(a)        RRP will not apply to any employee taking up this option; and

 

(b)        Redundancy provisions of the Parent Award do not apply to an employee electing to take a retirement redundancy package.

 

PART 3

 

The Transition Period & Closure Period

 

Part 3 applies during the Transition Period and Closure Period only.

 

3.1.  Alternative Employment

 

Boral Quarries is committed to working with the employees to locate employment opportunities at other quarries within the quarries division. 

 

Boral Quarries has already interviewed all employees to determine, in concert with them, their priorities and preferences in terms of on-going employment etc.

 

Employees will periodically be interviewed to keep them informed of job opportunities and to determine any changing priorities they have.

 

During the:

 

(a)        Transition Period this will happen no less than once every twelve months; and

 

(b)        Closure Period this will happen no less than once every four months.

 

Boral Quarries prefers to transfer existing employees rather than recruit afresh where the existing employee is the best candidate.  This can benefit Boral Quarries by:

 

(a)        reducing costs;

 

(b)        avoiding a potentially lengthy recruitment process; and

 

(c)        minimizing the need for extended induction and job take up.

 

Accordingly, Boral Quarries will offer suitable candidates transfers to other quarries where such positions exist rather than recruiting from the open market. 1

 

Boral Quarries will also make available to employee’s relevant internal Boral job vacancies that appear on the Boral intra net.

 

3.2        Work Cover Tickets

 

Employees may wish to take the skills they currently hold and utilize them in related industries.  To assist in this process Boral Quarries will provide at its cost the opportunity for employees to obtain Work Cover tickets for any equipment they currently operate at Emu Plains Quarry.

 

3.3        Retraining

 

To assist any employee retrain for work outside of the quarry industry Boral Quarries will pay up to $782.10 or such higher amount that Boral considers reasonable in the circumstances, to the cost of any retraining activity upon remittance of tax invoices.

 

3.4        Outplacement Services

 

Boral Quarries will provide upon request outplacement services to employees including:

 

(a)        assistance in writing resumes;

 

(b)        training/counselling on interview preparation; and

 

(c)        financial counselling,

 

to a value of $1564.20 from a provider mutually acceptable to both Boral Quarries and the Emu Quarry Consultative Committee.

____________________

 

1 This does not affect the common law rights and obligations of Boral or employees in relation to accepting or declining suitable alternative employment at sites other than Emu Plains Quarry.

 

3.5        Relocation

 

Where alternative employment is found in accordance with Part 3 Clause 1, for an employee and this necessitates the employee changing their residential domicile, Boral Quarries will:

 

(a)        provide the employee with three days leave without loss of pay for them to undertake the move; and

 

(b)        upon presentation of a tax invoice, up to $1042.80 towards the cost of a removalist used to move furniture and other household effects to the new residence.

 

3.6        Multi Skilling and Discontinuance of Primary Skill

 

The employees acknowledge that as part of the transition and closure they may be required to:

 

(a)        use competencies they do not regularly apply; and/or

 

(b)        obtain competencies not currently held.

 

Accordingly, an employee may be directed to perform any work they are competent to perform (when and as directed by Boral).

 

Employees shall use their reasonable endeavors to obtain competencies they currently do not hold if required by Boral Quarries.

 

To avoid any doubt clause 13.2, 13.3, 13.4, 13.5 and Schedule A of the Parent Award shall not apply during the Transition Period and thereafter.

 

PART 4

 

The Closure Period

 

Part 4 applies during the Closure Period only.

 

4.1.  Use of Contractors

 

Boral Quarries anticipate that they could utilise contractors extensively during the Closure Period and thereafter.  The use of contractors already extends to:

 

(a)        part of the operator workforce;

 

(b)        specialist work; and

 

(c)        some maintenance activities.

 

The use of contractors could extend to more or all quarrying activities.

 

The employees acknowledge and accept this and will work co-operatively with Boral Quarries to ensure that any use of contractors is efficient and effective.

 

Accordingly, Boral Quarries may utilize contract labour as it sees fit.

 

4.2        Supervision of Contractors

 

The employees acknowledge and accept that during the closure period they may be directed to:

 

(a)        oversee the work of contractors; and/or

 

(b)        assist in the training of contractors.

 

4.3        Selection and Labour Retention

 

Boral Quarries will need to retain a core workforce until:

 

(a)        quarrying is finalised; or

 

(b)        a contract labour force is used.

 

Accordingly, Boral Quarries may (irrespective of any provision in the Parent award but subject to Part 6 clause 7 of this award) select as it sees fit:

 

(a)        who will be made redundant;

 

(b)        when any redundancy is to be made; and

 

(c)        whether redundant positions are to be filled by contract labour.

 

4.4        Retention Redundancy Payment

 

Subject to this award, in recognition of the co-operation and flexibilities provided for in this award and the need to retain core skills until the quarry closes, Boral Quarries will pay each employee a retention redundancy payment (the RRP), constituted as part of (and in addition to) any redundancy package arising from the Parent award.

 

The RRP will be:

 

 

For each additional full year of completed service after 30 years service, an additional $521.40 per year’s service shall be paid as part of the RRP.

 

The RRP shall:

 

(a)        only be paid when a job is made redundant in accordance with clause 3 of Part 4; and

 

(b)        not be paid to an employee if at any time during the closure period they materially breach any provision of this award.

 

4.5        Continuity of Quarrying Operations

 

It is of critical importance that quarry operations continue during the closure period in a co-operative manner without resort to any industrial action.

 

Boral Quarries and the employees are unreservedly committed to achieving this. 

 

Accordingly, the employees shall not engage in any industrial action of any kind during the closure period.

 

To avoid any doubt:

 

(a)        this does not mean that an employee must undertake work if to do so would put them in an unsafe situation; and

 

(b)        any dispute that does arise will be processed through the disputes procedure in the Parent Award.

 

4.6        Media

 

The employees shall not issue any statement, comment, information or document concerning Boral Quarries, the quarry or the Redevelopment in any media without the prior written approval of Boral Quarries.

 

PART 5

 

The Post Closure Period

 

Part 5 relates to the Post Closure Period only.

 

5.1.  New Business

 

Boral Quarries may operate a new business on or about the current Emu Quarry site.  Any such business (other than a business regulated by the Quarries &c, State Award) will be considered as a green fields site and as such:

 

(a)        the Parent Award shall not apply to it;

 

(b)        no existing employee will have an automatic right to any job in such a    business;

 

(c)        any employee working in any such business will be selected on merit; and

 

(d)        Boral Quarries will consult with the Australian Workers Union NSW before applying for or making any industrial instrument to regulate the new business.

 

PART 6

 

General

 

Part 6 relates to the:

 

(1)        Pre Transition Period;

 

(2)        Transition Period;

 

(3)        Closure Period; and

 

(4)        Post Closure Period.

 

6.1.  No Further Claims

 

The employees (and their union) undertake not to pursue any extra claims award or over award, arising from or connected with, directly or indirectly, the ending of their employment occasioned by the end to quarrying operations or arising from any significant change as contemplated by the Parent Award, except those arising from a Test Case decision of the Industrial Relations Commission of NSW.

 

Notation: To avoid any doubt and for abundant caution this clause does not relate to claims for increases in wages and allowances which are governed by the Parent Award.

 

6.2.  No Precedent

 

The provisions of this award are not to be used by the Union in negotiations or proceedings concerning Boral Quarries or company’s related to Boral Quarries and are not to be regarded as a precedent and are based on the particular facts and circumstances affecting Boral Quarries and its Emu Quarry employees.

 

6.3.  Indexation of Monetary Amounts

 

The monetary amounts referred to in this award shall be indexed each year by any percentage increase applied to the ordinary weekly wage arising from the Parent Award.

 

6.4.  Set Off

 

Should the redundancy benefits in the Parent Award increase (or an award is made replacing or substituting for the Parent Award which has the effect of increasing the redundancy benefits in the Parent Award) after the making of this award the RRP will be reduced for each employee by any such increase at the time of their redundancy.

 

6.5.  Relationship to Parent Award

 

This award overrides the Parent award to the extent of any inconsistency and/or to the extent that this award deals with the same subject matter.

 

6.6.  Disputes Procedure

 

To avoid any doubt clause 7, Industrial Disputes of the Parent Award applies to this   award.

 

6.7.  Anti-Discrimination

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age, trade union activity and responsibilities as a carer.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

_______________________

 

NOTATION:

 

(i)         Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(ii)        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."

 

6.8.  Dictionary

 

RRB means the Retention Redundancy Bonus arising from Part 4 clause 4.

 

Boral Quarries means Boral Construction Materials Group Limited.

 

Employees means an employee employed by Boral Quarries at the Emu Plains Quarry.

 

Contractor means a contractor, sub-contractor or labour hire company.

 

Parent award means the Boral Emu Plains Quarry (State) Award as varied or replaced.

 

Media means and media without limiting the forgoing, television, video, radio, newsprint, magazines.

 

Pre Transition Period means 2003 to 2008.

 

Transition Period means 2009.

 

Closure Period means 2010 to the cessation of quarrying activities at the Emu Plains Quarry.

 

Post Closure Period means the period after the cessation of quarrying activities at the Emu Plains Quarry.

 

New business means any business set up on or about the Emu Plains Quarry site (other than a business regulated by the Quarries &c, State Award).

 

Industrial action means industrial action as defined in the Industrial Relations Act 1996.

 

6.9.  Area, Incidence and Duration

 

This award rescinds and replaces the Emu Plains Transition to Closure Award published 6 January 2006 (355 I.G. 1022) and shall apply to all employees of Boral Quarries employed in the classifications set out in the Parent Award.

 

This award shall operate on and from 15 March 2006 and have a nominal term of thirty six months.

 

 

 

M. J. WALTON  J, Vice-President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.