Hunter Mill Services Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, Industrial Organisation of Employees.

 

(No. IRC 1737 of 2006)

 

 

AWARD

 

1.  Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Arrangement

2.         Title

3.         Basic Wage

4.         Rates of Pay

5.         Hours of Duty

6.         Shift Work

7.         Overtime

8.         Requirements to Work in Accordance with the Needs of the Industry

9.         Holidays

10.       Sunday and Holiday Rates

11.       Maximum Payment

12.       Employees Presenting Themselves for Work and Not Required

13.       Sick Leave

14.       Notification of Sick Leave

15.       Annual Leave

16.       Days Added to the Period of Annual Leave or Long Service Leave

17.       Long Service Leave

18.       Jury Service

19.       Compassionate Leave

20.       Personal/Carers Leave

21.       Parental Leave

22.       Disciplinary Code

23.       Disputes Settling Procedure

24.       Contract of Employment

25.       Time and Payment of Wages

26.       Retention of Rate

27.       Redundancy and Retrenchment

28.       Compulsory Retirement

29.       Definitions

30.       Employee Representative

31.       Plant Shut Downs

32.       Protective Clothing & Equipment

33        Anti-Discrimination

34.       Consultation

35.       Income Protection for Personal Accident and Sickness

36.       Salary Sacrifice

37.       Protection of Employee Entitlements

38.       No Extra Claims

39.       Enterprise Arrangements

40.       Joint Consultative Committee

41.       Essential Services

42.       Area, Incidence & Duration

 

Attachment 1 - Industrial Incident Report Form

Attachment 2 - Arrangements for Working 12 Hour Shifts

 

PART B - Monetary Rates

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

2.  Title

 

2.1        This award shall be known as the - Hunter Mill Services Award 2006.

 

3.  Basic Wage

 

3.1        This award, in so far as it fixes rates of pay, is made by reference and in relation to the adult basic wage from time to time effective.

 

4.  Rates of Pay

 

4.1        Adult Employees - The minimum rate of pay for an employee shall, subject to the other provisions of this award, be the rate of pay for a stores/transport operator as set out in Table 1 of Part B.

 

4.2        In addition to the minimum rate of pay prescribed by this clause employees receive payments in the form of an over award payment or bonus payment as applicable.

 

4.3        The rate of pay will vary at the same time and in the same percentage as any variation in the Smorgon Steel Group Reinforcing and Steel Products Division Manufacturing and Grinding Media Waratah Award 2004.

 

5.  Hours of Duty

 

5.1        All employees - Ordinary working hours shall be an average of thirty-eight hours per week over the full cycle of the relevant work roster.  Ordinary working hours shall not exceed-

 

5.1.1     Twelve hours during any consecutive twenty-four hours; or

 

5.1.2     152 hours in twenty-eight consecutive days,

 

5.2        except in the case of rostering arrangements which provide for the weekly average of 38 ordinary hours to be achieved over a period which exceeds 28 consecutive days.

 

5.3        Day Workers

 

5.3.1     Ordinary working hours shall be an 8 hour period worked Monday to Friday, inclusive, between the hours of 5.00am and 7.00pm unless the Company and the Day Worker agree otherwise.

 

5.3.2     On each day worked, Monday to Friday, inclusive, a 30-minutes unpaid meal break will be taken.

 

5.4        Shift Workers - Twenty minutes shall be allowed each shift for crib, which shall be counted as time worked.

 

5.5        Day Workers and Shift Workers (excluding 12 hour Shift Workers) shall accrue 0.4 of one hour for each ordinary shift worked to allow one day to be taken off as a paid leisure day (RDO) for each twenty day cycle.   Leisure days will be taken at mutually agreed dates.

 

6.  Shift Work

 

6.1        Shift workers shall be paid in addition shift work allowance equal to 10 percent of the rate of pay for a stores/transport operator as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

6.2        An employee who at the direction of the Company:

 

6.2.1     During a period of engagement on shift, works afternoon and/or night shift only; or

 

6.2.2     Remains on afternoon and/or night shift for a longer period than four consecutive weeks; or

 

6.2.3     Works on afternoon and/or night shift which does not rotate or alternate with day shift or day work so as to give him or her at least one third of his or her working time on day shift or day work;

 

Shall, during such engagement, period or cycle, be paid in addition shift work allowance equal to 15 per cent of the rate of pay for a stores/transport operator as set out in Table 1 - Rates of Pay, Part B, Monetary Rates, for all time worked during ordinary working hours on such afternoon and/or night shifts.

 

6.3        Shift workers, for ordinary hours performed on Saturday, shall be paid at the rate of time and one-half.

 

6.4        Night Work for Day Workers and Day Shift Workers - Subject to clause 11, Maximum Payment, but otherwise notwithstanding anything contained herein, if at the direction of the Company -

 

6.4.1     a day worker who is required, in lieu of ordinary day work; or

 

6.4.2     a day shift worker (as defined in 6.5) who is required, in lieu of a day shift on which he would ordinarily be rostered;

 

6.4.3     to work at night (as defined in 6.5) for periods of not less than eight hours on less than five consecutive nights or on less than four consecutive nights when the fifth night is a 38-hour week rostered off night shall be paid at the rate of time and one-half of the ordinary rate of pay under clause 4, Rates of Pay, except -

 

(a)        on Saturdays, Sundays, 38-hour week rostered off days and holidays; and

 

(b)       in respect of any night of which at least 48 hours notice has not been given,

 

6.4.4     will be paid at overtime rates for day workers.  No shift allowance is payable in respect of night work under this clause.

 

6.5        In this clause "night" means any hours between 7.00pm and 5.00am, and "day shift worker" means a shift worker employed on a shift system involving day shift only.

 

6.6        Transfer of Day Workers from Day Work to Shift Work - Day workers may be employed as and become shift workers for a period of not less than five shifts or not less than four shifts when the fifth shift is a 38-hour week rostered off shift and paid accordingly:  provided that an employee shall be paid at overtime rates for any shift employed as a shift worker under this clause in respect of which the employee has not been given at least 48 hours' notice.

 

6.7        Transfer of Shift Workers - A shift worker who is required to work on a shift other than the shift ordinarily rostered shall be paid at overtime rates for any such shift in respect of which at least 48 hours' notice has not been given.  This provision shall not apply when the employee reverts to the ordinary rostered shift.

 

7.  Overtime

 

7.1        Day Workers - Day workers for all time worked in excess of or outside the ordinary working hours and times prescribed by this award at the direction of the Company shall be paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

7.2        Shift Workers - for all time worked at the direction of the Company;

 

7.2.1     in excess of or outside the ordinary working hours prescribed by this award; or

 

7.2.2     on more than eleven shifts in twelve consecutive days; or

 

7.2.3     on a shift other than a rostered shift; or

 

7.2.4     in excess of five and one-half hours without a meal break; shall

 

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

 

(b)       If employed on other shift work at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

7.3        This subclause shall not apply when the time is worked;

 

7.3.1     by arrangement between the employees themselves; or

 

7.3.2     for the purpose of effecting the customary rotation of shifts.

 

7.4        General - An employee required to continue at work on overtime for more than one and a half hours after the employee’s ordinary ceasing time without having been notified before leaving work on the previous day that the employee would be required to work overtime shall, at the employee's option, be:

 

7.4.1     provided, free of cost, with a suitable meal and another meal for each subsequent meal break into which the work extends; or

 

7.4.2     paid the amount as set out in Item 28 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each meal.

 

7.5        An employee, pursuant to notice, that has provided a meal and is not required to work overtime or is required to work for less than one and a half hours will be recompensed suitably for the meal provided but which is surplus.

 

7.6        Where an employee working overtime finishes work at a time when reasonable means of transport are not available the Company shall -

 

7.6.1     within a reasonable time, provide conveyance to -

 

(a)        a reasonable distance from the employees home; or

 

(b)       a place to which the employee usually travels by public conveyance when returning home from work; or

 

(c)        a place from which the employee can, within a reasonable time, obtain public conveyance to a reasonable distance from the employees home or the place to which the employee usually travels by public conveyance when returning home from work; or

 

(d)       pay the employee current rate of pay for the time reasonably occupied in reaching the employees home.

 

7.7        An employee recalled to work overtime after leaving the employers’ business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours work at the appropriate rate for each time the employee is so recalled; provided that, except in the case of unforseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was 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 the employers’ premises to perform a specific job outside the employee’s ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

7.8        Overtime in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause 7.9 of this clause when the actual time worked is less than four hours on such recall or on each of such recalls.

 

7.9        Where overtime is necessary and it is practical in the circumstances it will be arranged that an employee(s) will have, as a minimum, eight consecutive hours off duty between the work on successive days.

 

7.10      An employee who works so much overtime between the finishing 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 eight consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If, on the instructions of the Company, such an employee resumes or continues working without having had such eight consecutive hours off duty, they shall be paid at double time rates until they have had eight consecutive hours off.

 

7.11      An employee who is recalled from the employees home to work overtime shall, at the employee's option

 

7.11.1   be provided, free of cost, with a suitable meal for each normal meal break falling during the overtime period; or

 

7.11.2   be paid the amount as set out in Item 29 for each such meal.

 

7.12      For the purposes of this clause a "recall" from home to work overtime takes place when an employee is notified at home of the requirement to return to work.

 

8.  Requirements to Work in Accordance With the Needs of the Industry

 

8.1        For the purpose of meeting the needs of the industry the Company may require an employee to work reasonable overtime, including work on Sundays and holidays, at the rate prescribed by this award and, unless reasonable excuse exists, the employee shall work in accordance with such requirements.

 

8.2        Subject to subclause 6.6, Transfer of Day Workers from Day Work to Shift Work, and subclause 6.7, Transfer of Shift Workers, for the purpose of meeting the needs of the industry, the Company may require any employee to transfer from one system of work to another system of work prescribed at the rate applicable thereto, and unless reasonable cause exists, an employee shall transfer in accordance with such requirement.

 

8.3        Plant operations will be continuous, meaning employees will not leave their place of work for any reason whilst on duty without first being relieved.

 

9.  Holidays

 

9.1        The days on which New Year's Day, Australia Day, Good Friday, the Saturday following Good Friday, Easter Monday, Anzac Day, the local Eight Hour Day, Queen's Birthday, Christmas Day, Boxing Day and the additional public holiday being the Steel Industry Picnic Day are observed and special days appointed by proclamation as public holidays throughout the State shall be holidays and day workers and Monday to Saturday shift workers not required to work on a holiday shall be paid for the holiday at the ordinary rates of pay under clause 4, Rates of Pay, and at a bonus rate calculated in accordance with subclause 9.3 of this clause.

 

9.2        This provision for payment does not apply to -

 

9.2.1     employees whose rostered shift off falls on a holiday (subject to the provisions of subclause 16.2.2 of clause 16, Days added to the Period of Annual Leave or Long Service Leave);

 

9.2.2     employees absent without leave or reasonable excuse on the working day preceding or the working day succeeding a holiday.

 

9.3        The bonus rate referred to in subclause 9.1 of this clause shall be payable to an employee to whom bonus is payable under a bonus setting and shall be either the average bonus payable to employees for each ordinary shift or ordinary day worked by those employees during the last bonus period preceding the holiday or the average bonus payment to the employee for each ordinary shift or ordinary day worked during the last bonus period preceding the holiday.

 

10.  Sunday and Holiday Rates

 

10.1      Employees shall be paid at the rate of double time for all work done on Sundays and at the rate of double time and one-half for all work done on the holidays prescribed by this award.

 

11.  Maximum Payment

 

11.1      Shift allowances and special rates shall not be subject to any premium or penalty additions.

 

11.2      All rates prescribed shall not exceed double the rates prescribed by clause 4, Rates of Pay, provided that this subclause shall not apply to any excess due to payments under clause 6, Shift Work Allowances for Shift Workers;  or clause 10, Sunday and Holiday Rates (in respect of work done on holidays).

 

12.  Employees Presenting Themselves for Work and Not Required

 

12.1      Subject to the provisions of clause 24, Contract of Employment, an employee who presents for either normal rostered work or arranged overtime and is subsequently not required, will be paid four hours ordinary pay plus bonus.

 

13.  Sick Leave

 

13.1      An employee who is unable to attend for duty during ordinary working hours by reason of personal illness or personal incapacity not due to the employees own serious and wilful misconduct shall be entitled to be paid at ordinary time rates of pay and in addition the bonus payment which would have been payable if the employee had attended for duty, for the time of such non-attendance subject to the following:

 

13.1.1   the employee shall not be entitled to be paid leave of absence for any period in respect of which he is entitled to workers' compensation;

 

13.1.2   an employee shall not be entitled in respect of any year of continued employment to sick pay for more than the number of ordinary working hours specified in subclause 13.1.3 of this subclause.  Any period of paid sick leave allowed by the Company to an employee in any such year shall be deducted from the period of sick leave which may be allowed or may be carried forward under this award in or in respect of the earliest year of employment for which the employee has an accumulated or accrued right;

 

13.1.3   the number of ordinary working hours referred to in subclause 13.1.2 of this subclause shall be:

 

(a)        in the case of an employee with less than 1 year's continued employment:  40;

 

(b)       in the case of an employee with 1 or more years' continued employment but less than 10 years' continued employment:  64;

 

(c)        in the case of an employee with 10 or more years' continued employment:  80;

 

(d)       in the case of an employee working 12 hour shifts the hours provided in subclauses a), b) and c) of this clause shall be 48, 72 and 96 hours respectively.

 

13.2      The rights under this clause shall accumulate from year to year so long as the employment continues with the Company, whether under this or any other award, so that any part of the number of ordinary working hours specified in subclause 13.1.3 of this clause which has not been allowed in any year may be claimed by the employee and shall be allowed by the Company, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.  Any rights which accumulate pursuant to this subclause shall be available to any employee entering the employment of the Company on or after 1 June 2000, for a period of 16 years, but for no longer, from the end of the year in which they accrued.

 

13.3      In the case of an employee who otherwise is entitled to payment under this clause but who, at the time of the absence concerned, has not given three months' continuous service in the period of current employment with the Company, the right to receive payment shall not arise until such service has been given.

 

13.4      For the purpose of this clause continuous service shall be deemed not to have been broken by -

 

13.4.1   any absence from work on leave granted by the Company; or

 

13.4.2   any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall, in each case, be upon the employee;

 

13.4.3   provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

13.5      Service before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

 

13.6      In this clause "ordinary working hours" shall include working hours on shifts known as compulsory roster shifts, ring roster shifts or 21st shifts which are paid at overtime rates.

 

14.  Notification of Sick Leave

 

14.1      An employee absent from work on account of personal illness or injury is entitled to claim sick leave as provided by this award subject to notification of the intended absence at least one hour prior to the commencement of the day or shift.  Notification shall mean notifying by voice contact to the manager or a supervisor.

 

14.2      No medical certificate for single day absences will be required unless requiring payment for sick leave taken without notification of absence subject to Clause 14.1.  Medical certificates will be required for all absences exceeding one day or shift.

 

14.3      All claims for sick leave and all medical certificates supplied to the Company will state the nature of the illness/injury requiring absence from duty.

 

14.4      Medical certificates provided in support of a claim for sick leave will be dated to coincide with the first day of the absence from duty otherwise sick leave will only be paid from the date shown on the medical certificate.

 

14.5      The Company may require an employee returning from sick leave to be examined and cleared for work by a medical practitioner of the Company’s choice.

 

15.  Annual Leave

 

15.1      Day Workers and Monday to Saturday Shift Workers:  See Annual Holidays Act 1944.

 

15.2      Shift workers whose working period includes Sundays and Public Holidays as ordinary working days:

 

15.2.1   In addition to the benefits provided by section 3 of the Annual Holidays Act 1944, with regard to an annual holiday of four weeks, an employee who, during the year of their employment with the Company with respect to which they become entitled to the said annual holiday of four weeks, gives service to the Company as a seven-day shift worker, shall be entitled to the additional leave as hereunder specified:

 

(a)        if during the year of employment the employee has served the Company continuously as such seven-day shift worker the additional leave with respect to that year shall be one week;

 

(b)       subject to subparagraph (d), of this paragraph, if during the year of employment, the employee has served for only a portion of it as such seven-day shift worker the additional leave shall be one day for every thirty-three ordinary shifts worked as a seven-day shift worker;

 

(c)        subject to subparagraph (d), of this paragraph, an employee shall be paid for such additional leave at the annual leave rate of pay, for the number of ordinary hours of work for which such employee would have been rostered for duty during the period of additional leave had such employee not been on such additional leave;

 

(d)       where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only;

 

(e)        in this clause reference to one week and one day shall include holidays and non-working days.

 

15.2.2   Where the employment of a worker has been terminated and thereby becomes entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday with respect to a period of employment, the employee shall also be entitled to an additional payment of three and one-half hours at the annual leave rate of pay with respect to each twenty-one shifts of service as such seven-day shift worker during such period of employment.

 

15.2.3   A seven-day shift worker under this subclause shall be paid at the appropriate rate for any "compulsory roster" shift, also known as a "twenty-first" shift, which the employee would have worked during the employee’s period of annual leave.

 

15.3      Monday to Saturday shift workers who are regularly rostered for duty on Saturdays as ordinary working days.

 

15.4      In addition to the benefits provided by section 3 of the Annual Holidays Act 1944 with regard to an annual holiday of four weeks, an employee who during the year of his employment with the Company becomes entitled to the said annual holiday of four weeks, gives service to the Company as a Monday to Saturday shift worker who is regularly rostered for duty on Saturdays as ordinary working days, shall be entitled to additional leave as hereunder specified:

 

15.4.1   For every thirteen Saturdays upon which the employee worked an ordinary shift as a Monday to Saturday shift worker who is rostered for duty on Saturdays as ordinary working days the additional leave with respect to that year shall be one day.

 

15.4.2   Where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

15.5      Annual Leave Loading excluding 12 hour Shift Workers (for 12 hour Shift Workers see Attachment 2) - In respect of a period of annual leave an employee shall be paid a loading, namely 20 percent, of whichever amount, to be calculated for the period of annual leave, is the lesser of -

 

15.5.1   the employees ordinary pay pursuant to the Act Annual Holidays, 1944, and where applicable, the employees annual leave rate of pay pursuant to this clause, and clause 16, Days Added to the Period of Annual Leave, or Long Service Leave; or

 

15.5.2   the sum of -

 

(a)        the employees award rate of pay for ordinary time at the commencement of annual leave as prescribed by clause 3, Basic Wage, clause 4, Rates of Pay, of this award; and

 

(b)       the employees rate of maximum all purpose bonus payable at the commencement of annual leave pursuant to the bonus setting applicable to the employee.

 

Provided that an employee who would have worked shift work but for being on annual leave shall be paid whichever is the greater of the said loading, or the shift work allowances pursuant to clause 6.1, Shift Work Allowances for Shift Workers, the weekend penalty rates pursuant to clause 6.3, Saturday Rates for Shift Workers, and (in respect of Sundays only) clause 10, Sunday and Holiday Rates, that would have been payable in respect of ordinary time during the period of annual leave but for being on annual leave.

 

15.5.3   The loading prescribed by this subclause shall apply to payment in lieu of a fully due annual holiday on termination of employment, but shall not apply to proportionate annual holiday payment on termination of employment.

 

16.  Days Added to the Period of Annual Leave Or Long Service Leave

 

16.1      In the case of an employee who was, at the commencement of their annual leave or long service leave, employed as a 7-day shift worker under this award, one day shall be added to the annual leave period or long service leave period, respectively, in respect of any holiday prescribed by this award which falls within the period of annual leave or long service leave to which the employee is entitled under this award.

 

16.2      An employee who is rostered off duty on a day which is a holiday prescribed by this award and who is not required to work on that day shall:

 

16.2.1   have one day added to the annual leave period; or

 

16.2.2   by mutual consent, be paid, in the pay period in which the holiday falls, for the holiday at the rate payable pursuant to clause 9.1, Holidays.

 

This subclause shall not apply when the holiday falls:

 

16.2.3   on a Saturday or Sunday except in the case of employees employed as seven-day shift workers whose working period includes Sundays and Holidays as ordinary working days, of this award; or

 

16.2.4   on a Sunday in the case of employees employed as Monday to Saturday shift workers who are regularly rostered for duty on Saturdays as ordinary working days.

 

16.3      Any day or days added in the case of annual leave shall be paid for at the annual leave rate of pay and in the case of long service leave shall be paid for at the long service leave rate of pay.

 

16.4      Any day or days added in accordance with subclauses 16.1 or 16.2 of this clause, shall be the working day or working days immediately following the period of annual leave or long service leave respectively to which the employee is entitled under clause 15, Annual Leave, or clause 17, Long Service Leave.

 

16.5      For the purposes of subclause 16.4 of this clause, working days shall be:

 

16.5.1   in the case of an employee who, at the commencement of the period of annual leave or long service leave, as the case may be, was employed as a day worker - any day of the week including a day on which the employee concerned would have been rostered off duty if not on annual leave or long service leave but excluding a Saturday, a Sunday or a holiday;

 

16.5.2   in the case of an employee who, at the commencement of the period of annual leave or long service leave, as the case may be, was employed as a Monday to Saturday shift worker - any day of the week, other than a Sunday or a holiday, including a day on which the employee concerned would have been rostered off duty if not on annual leave or long service leave.

 

16.5.3   in the case of an employee who, at the commencement of his period of annual leave or long service leave, as the case may be, was employed as a 7-day shift worker - any day of the week including a day on which the employee concerned would have been rostered off duty if not on annual leave or long service leave.

 

16.6      Where the employment of a worker has been terminated and under section 4 of the Annual Holidays Act, 1944, an entitlement accrues to payment in lieu of an annual holiday with respect to a period of employment the employee shall also be entitled to an additional payment for each day accrued under subclause 16.2 of this clause, at the annual leave rate of pay.

 

16.7      An employee who is employed as a seven-day shift worker who -

 

16.7.1   has a day added to annual leave or long service pursuant to subclauses 16.1 and 16.2 of this clause, and

 

16.7.2   such a day falls on a holiday prescribed by clause 9, Holidays, on which the employee would have been rostered to work an ordinary shift were it not for an entitlement to an added day shall be paid for such day, in addition to the entitlement under subclause 16.3 of this clause, at the rate prescribed by subclause 9.1 of the said clause 9.

 

17.  Long Service Leave

 

17.1      See Long Service Leave Act 1955.

 

17.2      Notwithstanding the Long Service Leave Act 1955, the award rate (basic wage and margin) element of ordinary pay for long service leave shall be either that:

 

17.2.1   determined in accordance with the Long Service Leave Act 1955; or

 

17.2.2   applicable to the employee at the commencement of the period of long service leave whichever is the greater.

 

17.3      An employee shall be entitled to have all days which are prescribed as holidays by clause 9, Holidays, treated as days appointed by the Governor as public holidays for the purposes of the application of Section 4(4A) of the Long Service Leave Act, 1955.

 

18.  Jury Service

 

18.1      An employee required to attend for jury service:

 

18.1.1   during ordinary working hours; or

 

18.1.2   immediately following an ordinary night shift or immediately preceding an ordinary afternoon shift on which the employee is rostered to work and, as a result of attending for jury service, is not reasonably able to report for work on the night shift or afternoon shift, as the case may be:

 

shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of the employee’s jury service and the ordinary time rate and bonus which would have been payable in respect of the ordinary time rostered had the employee not attended for jury service.

 

18.2      The employee will reimburse to the Company the amount received in respect of such jury service upon payment.

 

18.3      An employee shall notify the Company as soon as possible of the date upon which attendance for jury service is required.  Further, the employee shall give the Company proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

19.  Compassionate Leave

 

19.1      An employee shall, on production of acceptable proof of the death of a spouse (including a de facto spouse), father, mother, foster-father, foster-mother, stepfather, stepmother, father-in-law, mother-in-law, brother, sister, stepbrother, stepsister, brother-in-law, sister-in-law, child, stepchild, son-in-law, daughter-in-law, grandparents, grandchildren or grandparents-in-law, be entitled on notice to compassionate leave without deduction from ordinary wages for such period not exceeding three days as is reasonable in the circumstances.

 

19.2      Where an employee incurs significant travel to attend a funeral, the amount of compassionate leave will be increased by a further two days upon production of acceptable evidence documenting the necessity to travel.

 

19.3      In addition to the employee’s ordinary time work rate of pay, the amount of bonus applicable for the period of compassionate leave will also be paid.

 

19.4      Compassionate leave will not be granted if the period of leave coincides with any other period of paid leave.

 

20.  Personal/Carers Leave

 

20.1      An employee with responsibilities in relation to a class of person set out in clause 20.3.2 who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after date 1 June 2000 for absences to provide care and support for such persons when they are ill.

 

20.2      The employee shall, if required, establish by production of a medical certificate, 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.

 

20.3      The entitlement to use sick leave in accordance with this subclause is subject to:

 

20.3.1   the employee being responsible for the care and support of the person concerned; and

 

20.3.2   the person concerned being:

 

(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 stepchild, a foster child or an ex-nuptial child), partner (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto partner 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 paragraph:

 

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

 

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

 

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

 

20.4      An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their 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 the employer by telephone of such absence at the first opportunity on the day of absence.

 

21.  Parental Leave

 

21.1      Should either the Federal Government or respective State Governments legislate in respect of paid maternity or parental leave, any payments required to be made under that particular legislation would be absorbed against any payments arising out of this clause.  Parental leave is granted to employees subject to their meeting the requirements described in the sub-clauses following:

 

21.2      Definitions

 

"Child" means a child of the employee under one year of age or, in the case of an adopted child or a child to be adopted, under five years of age, other than a child or step-child of the employee or the employee's spouse, or a child who has previously lived continuously with the employee for a period of six months or more.

 

"Continuous Service" means service under an unbroken contract of employment and includes:

 

(a)        Any period of leave taken in accordance with this policy, including part-time leave.

 

(b)        Any period of leave or absence authorised by the Company.

 

"Eligible Employee" is one that has had at least twelve months continuous service with the Company and where that employee intends to return to the Company for at least six months following the leave. In the event that the employee does not return to work with the Company for a period of six months following the completion of the parental leave, the Company may require the employee to reimburse the amount of paid leave and/or through a deduction from monies due to the employee on termination.

 

"Maternity Leave" means leave granted in accordance with this policy and is 12 weeks paid leave plus up to 40 weeks unpaid leave preceded by at least twelve months continuous service with the Company.

 

"Paternity Leave" means leave granted in accordance with this policy and includes:

 

(a)        ‘short paternity leave’ of 1 weeks paid leave, and

 

(b)       ‘extended paternity leave’ of 1 week paid leave plus a further period of up to 51 weeks unpaid leave preceded by at least twelve months continuous service with the Company.

 

"Adoption Leave" means leave granted in accordance with this policy and includes:

 

(a)        ‘short adoption leave’ of 1 weeks paid leave and a further period of two weeks unpaid, and

 

(b)       ‘extended adoption leave’ of 12 weeks paid leave and further period of up to 40 weeks leave where the employee is the primary caregiver, preceded by at least twelve months continuous service with the Company.

 

"Primary Care Giver" means a person who assumes the principal role of providing care and attention to a child.

 

"Relative adoption" occurs where a child, as defined, is adopted by a grandparent, sibling, aunt or uncle (whether of the whole blood or half blood or by marriage).

 

"Spouse" includes de facto or former spouse.

 

21.3      Eligibility for Leave

 

21.3.1   Maternity Leave

 

An eligible employee whose expected date of confinement has been confirmed in writing by a registered medical practitioner, will be entitled to 12 weeks paid maternity leave, and up to 40 weeks of unpaid leave for each confinement.  Written notification of the date on which the eligible employee proposes to commence maternity leave and the leave period must be provided via a leave application form.

 

The paid component will be taken as the initial absence on such leave and this twelve week period of paid leave is inclusive of any public holidays arising within that time.

 

Where an employee applies for other paid leave (i.e. annual leave or long service leave) continuous with a period of paid maternity leave, and is eligible for that leave, the employee will be granted the paid leave.

 

The entire absence in respect of maternity leave (paid, unpaid, other leave) will not exceed 52 weeks.

 

This period shall be reduced by any period of paternity leave taken by the employee's spouse in relation to the same child and, apart from paternity leave of up to one week at the time of confinement, shall not be taken concurrently with paternity leave.

 

Except as otherwise provided in this clause, the period of maternity leave shall be unbroken and shall, immediately following confinement, include a period of six weeks compulsory leave.

 

21.3.2   Paternity Leave

 

An eligible employee, upon production to the Company of a certificate from a registered medical practitioner which names the employee's spouse, states that the spouse is pregnant and the expected date of confinement or the date upon which the birth took place, shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances;

 

(a)        an unbroken period of paid leave of up to one week (inclusive of any public holidays arising within that time) at the time of the confinement of the spouse (short paternity leave) and;

 

(b)       a further period of up to 51 weeks unpaid leave in order to be the primary care giver of a child, provided that such leave shall not extend beyond the child's first birthday (extended paternity leave).

 

This entitlement shall be reduced by any period of maternity leave taken by the employee's spouse and shall not be taken concurrently with that maternity leave.

 

21.3.3   Adoption Leave

 

An eligible employee, upon production to the Company of a statement from an adoption agency or other appropriate body, or the presumed date of placement of the child with the employee for adoption purposes, or a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order, shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks in the following circumstances:

 

(a)        an unbroken period of paid leave of up to one week and a further period of two weeks unpaid at the time of the placement of the child where the employee is not the primary care giver ( short adoption leave); or an unbroken period of paid leave of up to 12 weeks at the time of the placement of the child in order to be the primary care giver (The paid component will be taken as the initial absence on such leave and this twelve week period of paid leave is inclusive of any public holidays arising within that time); and

 

(b)       a further unbroken period of up to 40 weeks unpaid leave in order to be the primary care giver of the child. This leave shall not extend beyond one year from the placement of the child and shall not be taken concurrently with adoption leave taken by the employee's spouse in relation to the same child (extended adoption leave). This entitlement shall be reduced by: any period of leave taken at the time of the placement of the child and; the aggregate of any periods of adoption leave taken or to be taken by the employee's spouse.

 

21.4      Further Requirement for Eligibility for Leave

 

Before taking leave in accordance with this clause, at the time of giving notice for the period of leave, the employee shall give to the Company a statutory declaration stating:

 

(a)        the particulars of any maternity, paternity or adoption leave, as the case may be, sought or taken by the employee's spouse; and

 

(b)        that the employee, for the period of leave, will not engage in any conduct inconsistent with the contract of employment; and

 

(c)        when the leave sought is paternity or adoption leave that it is taken to become the primary care giver of a child.

 

21.5      Notice of Leave

 

21.5.1   An eligible employee, in the case of maternity leave, shall, not less than 10 weeks prior to the expected date of confinement, give to the Company the certificate referred to in 21.3.1 hereof and not less than four weeks notice in writing of the date upon which the employee proposes to commence such leave, state the amount of leave to be taken and furnish the statutory declaration referred to in 21.4 hereof, provided that an employee shall not be in breach of this paragraph if failure to give notice herein prescribed is due to the confinement occurring earlier than the presumed date.

 

21.5.2   An eligible employee, in the case of paternity leave, shall, not less than 10 weeks prior to each proposed period of leave, give to the Company notice in writing stating the dates upon which the employee proposes to start and finish each period of leave and produce the certificate referred to in 21.3.2 and the statutory declaration referred to in 21.4 hereof; provided that an employee shall not be in breach of this paragraph if failure to give the notice herein prescribed is due to the birth occurring earlier than the presumed date, or the death of the mother of the child, or other compelling circumstances; provided further that the employee shall notify the Company of any change in the information provided pursuant to 21.3.2 or 21.4 hereof.

 

21.5.3   In the case of adoption leave, the employee shall notify the Company upon receiving notice of approval for adoption purposes and within two months of such approval, shall further notify the employer of the period or periods of adoption leave the employee proposes to take. In the case of relative adoption, the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

 

21.5.4   In addition, the employee shall, as soon as the employee is aware of the presumed date of placement of the child for adoption purposes, but no later than 14 days before such placement, give in writing, notice to the Company of the dates of any period of leave to be taken in accordance with 21.3.3 hereof and 10 weeks notice in writing before the commencement of any further periods of leave for adoption purposes to which the employee is entitled in accordance with this clause; provided that an employee shall not be in breach of this paragraph if the failure to give notice in accordance with this paragraph is due to a requirement by the adoption agency to accept earlier or later placement of a child, or death of the employee's spouse or other compelling circumstances.

 

21.5.5   In the case of maternity leave, the Company may, after giving the employee not less than 14 days notice in writing, require the employee to commence maternity leave at any time within six weeks immediately prior to the presumed date of confinement.

 

21.6      Special Provisions Relating to Maternity Leave

 

21.6.1   Transfer to a Safe Job - Where, in the opinion of a registered medical practitioner, illness or risk arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at the present work, the employee shall, if the Company deem it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.  If the transfer to a safe job is not practicable, the employee may, or the Company may require the employee to, take leave for such period as is certified necessary by the registered medical practitioner. Such leave shall be treated as maternity leave for the purposes of this clause.

 

21.6.2   Special Maternity Leave and Sick Leave - Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks otherwise than by the birth of a living child, the employee shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before the employee returns to work; or for illness other than the normal consequences of confinement, the employee shall be entitled, either in lieu or in addition to special maternity leave, to such paid sick leave as stands to the employee's credit and which a medical practitioner certifies as necessary before the employee's return to work. Where an employee not then on maternity leave suffers illness related to the pregnancy, the employee may take such paid sick leave standing to the employee's credit and such further unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before the employee returns to work, provided the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period of leave to which the employee is entitled under 21.3.1 hereof.

 

21.7      Leave and Other Entitlements

 

Provided the aggregate of any leave taken under this clause does not exceed the period of leave to which the employee is entitled under clause 25.3 hereof, an employee may, in lieu of or in conjunction with leave, take any annual leave or long service leave or part thereof to which the employee is entitled, but paid sick leave or other paid authorised absences shall not be available to an employee during absence on leave in accordance with this clause.

 

21.8      Effect of Leave on Employment

 

A period of parental leave does not break an employee’s continuity of service, but does not otherwise count as service except:

 

(a)        For the purpose of determining the employees entitlement to a later period of parental leave or

 

(b)        As expressly provided in a law of the Commonwealth, State or Territory, or as expressly provided in an award, order, or certified agreement.

 

A period of absence on unpaid Parental Leave does not accrue Annual Leave or Long Service Leave credits.

 

21.9      Termination of Employment

 

21.9.1   An employee on leave in accordance with this clause may terminate employment at any time during the period of leave by notice given in accordance with this award.

 

21.9.2   The Company shall not terminate the employment of an employee on the grounds of pregnancy, the pregnancy of a spouse or that the employee proposes to adopt a child, or because the employee is absent on leave in accordance with this clause, but otherwise the rights of the Company in relation to termination of employment are not hereby affected.

 

21.10    Cancellation of Leave

 

21.10.1             Leave applied for but not commenced shall, subject to the provisions of clause 21.6 hereof, be cancelled when the pregnancy of an employee or the employee's spouse is terminated otherwise than by the birth of a living child or, in the case of adoption leave, when the adoption is not proceeded with or abandoned.

 

21.10.2             Where an employee has commenced maternity leave or adoption leave and the leave is cancelled because of reasons specified in clause 21.6 hereof, the employee shall notify the Company in writing and it shall be the right of the employee to resume work from the date of notice in writing by the employee to the employer of the desire to return to work.

 

21.11    Variation of Leave

 

Provided the maximum period of leave does not exceed the period to which the employee is entitled under clause 21.3 hereof:

 

(a)        the period of leave may be varied once only by the employee giving not less than 14 days notice in writing, stating the period by which the leave is to be lengthened;

 

(b)        the period may be further lengthened by agreement between the Company and the employee;

 

(c)        the period of leave may, with the consent of the Company be shortened by the employee giving not less than 14 days notice in writing, stating the period by which the leave is to be shortened.

 

21.12    Return to Work After Leave

 

21.12.1             An employee shall confirm the intention to return to work by notice in writing to the Company giving not less than four weeks prior to the expiration of the period of leave.

 

21.12.2             An employee, upon returning to work after leave or the expiration of notice required by clause 21.12.1 hereof, shall be entitled to the position which the employee held immediately before proceeding on leave, or, in the case of an employee transferring to a safe job in accordance with clause 21.6.1 hereof, to the position which the employee held immediately prior to such transfer, or where the employee has transferred to part time work due to pregnancy, to the position the employee held prior to such transfer.

 

Where such position no longer exists, but there are other positions available which the employee is qualified and is capable of performing, the employee shall be entitled to a position as nearly as possible comparable in status and pay to that former position.

 

21.13    Replacement Employees

 

21.13.1             A replacement employee is an employee specifically engaged as a result of an employee proceeding on leave in accordance with this clause.

 

21.13.2             Before the Company engages a replacement employee, the Company shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

21.13.3             Before the Company engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this clause, the Company shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

 

21.13.4             Nothing in this subclause shall be construed as requiring the Company to engage a replacement employee.

 

22.  Disciplinary Code

 

22.1      Where an employee is alleged to have breached the terms of employment or good order and discipline the following procedure will apply:

 

22.1.1   The employee and representative if requested, will be given all facts relating to the matter known to the Company and the opportunity to respond.  The Supervisor may counsel or warn the employee on the first such occasion recording the particulars in the presence of the employee on the employee's personal history card.  On the second or subsequent occasions the Supervisor will refer the matter to the Operations Manager.

 

22.1.2   The Operations Manager upon reference of an alleged breach of employment terms and/or discipline will interview the employee in the presence of the Union Representative(s) and Supervisor(s)/Manager and may issue the employee with a final written warning, copies of which will be issued to all involved parties.

 

22.1.3   The Operations Manager may in lieu of, or as well as issuing a final warning, suspend or transfer the employee in which case advice of this action will be given to the employee and Union Representative(s) at the interview.

 

22.1.4   If an employee has reason to receive a second formal warning within any period of 12 consecutive months, the Company may terminate the employee's contract of employment by payment of such wages as are due in lieu of notice.

 

22.2      Nothing in this code limits the Company from exercising summary termination of the employee's services within the Award Contract of Employment.

 

23.  Disputes Settling Procedure

 

23.1      Introduction

 

All parties to this Award recognise and accept that people have differing viewpoints, and hence, conflict will arise from time to time.  It is agreed that it is in the interests of all parties to manage the resolution of this conflict by means which do not damage the business.

 

To enable claims, issues and disputes to be progressed while work continues without industrial action the procedures outlined in this clause will apply.

 

23.2      Departmental Claims, Issues and Disputes

 

(a)        Step 1 (to be completed within 24 hours or the next ordinary working day following the claim, issue or dispute arising):

 

(1)        Employee(s) involved will raise the claim, issue or dispute with the supervisor.  Parties at this level will take all reasonable steps to resolve the issue.

 

(2)        Failing agreement, employee(s) involved (with a representative, if requested) and the supervisor will fill out an Industrial Incident Report Form stating the claim, issue or dispute and present this document to the manager of the area concerned.  All reasonable steps to resolve the issue will be taken by the parties at this level.

 

(b)        Step 2 (to be completed within 24 hours or the next working day following the raising of the Industrial Incident Report Form):

 

Failing agreement, employee(s) involved (with a representative, if requested) and/or the head of the department will contact the Chief Operating Officer or designate who will organise a time and date for a conference(s).

 

(c)        Step 3.

 

Failing agreement being reached following the conference(s), the claim, issue or dispute may be referred to the appropriate industrial relations authority.

 

23.3      General Claims, Issues and Disputes

 

(a)        Employee representatives involved will place any claim, issue or dispute before the Company’s Operations Manager or designate, who will take all reasonable steps to reply as soon as possible.

 

(b)        Failing agreement, the claim, issue or dispute may be referred to the appropriate industrial relations authority.

 

23.4      Dispute Settling Objectives

 

(a)        The purpose and objectives of the Dispute Settling Procedure is to prevent loss of wages to employees and damage to the Company’s ability to maintain production.

 

(b)        Employees agree to follow the dispute settling procedure in all matters, which are in dispute.

 

(c)        Any stoppage of work, ban or limitation which takes place without the agreed dispute settling procedure being followed, will result in the personnel involved foregoing an amount equal to 6% of rate of pay and bonus for a period of 4 weeks.

 

(d)        Should the stoppage of work, ban or limitation take place without the agreed dispute settling procedure being followed in its entirety, the Company will notify the appropriate industrial relations authority prior to Clause 23.4(c) above being applied.

 

24.  Contract of Employment

 

24.1      Subject as provided for elsewhere in this award employment shall be on a weekly basis.

 

24.2      Employment of new employees shall be for a probation period of twelve weeks and whilst on probation the first two weeks of service shall be from day to day at the weekly rate fixed determinable at a day's notice.

 

24.3      Employees shall perform such work as the Company shall, from time to time, reasonably require and an employee not attending for or not performing duty shall, except as provided by clause 13, Sick Leave, lose pay for the actual time of such non-attendance or non-performance.

 

24.4      Subject as aforesaid employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wages, as the case may be.  Where an employee has given notice or has been given notice by the Company, the employee shall, upon request, be granted leave of absence without pay for one day or shift during the period of notice in order to look for alternative employment.

 

24.5      This clause shall not affect the right of the Company to deduct payment for any day or portion thereof during which an employee is stood down by the Company as the result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee, or to deduct payment for any day during which the employee cannot be usefully employed because of any strike or through any breakdown of machinery, or due to any cause for which the Company cannot reasonably be held responsible.

 

24.6      This clause shall not affect the right of the Company to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be payable up to the time of dismissal only.

 

25.  Time and Payment of Wages

 

25.1      All wages shall be paid fortnightly by Electronic Funds Transfer.

 

26.  Retention of Rate

 

26.1      Where, as a result of the rationalisation of the Company's operations, the introduction of technological change or changes in work practices, an employee is appointed to a classification or classifications which receive lower earnings from the sum of margin and bonus than did the employee's classification immediately prior to the appointment or the first appointment ("the previous classification"):

 

26.1.1   If the employee has two or more years' continuous service with the Company, the employee shall retain the sum of margin and bonus applicable to the previous classification as follows:

 

(a)        in the first and second years after the date of the employee's appointment, full retention of the sum of margin and bonus applicable to the previous classification;

 

(b)       in the third year after the date of appointment, half retention of the sum of margin and bonus applicable to the previous classification;

 

(c)        thereafter, no retention.

 

Provided that when the sum of margin and bonus of the employee's new classification exceeds the sum of margin and bonus of the previous classification, the employee shall thereafter receive payment of margin and bonus applicable to the employee's new classification.

 

26.1.2   If the employee has less than two years' continuous service with the Company, the employee shall retain the sum of margin and bonus applicable to the previous classification as follows:

 

(a)        in the first year after the date of appointment, half retention of the sum of margin and bonus applicable to the previous classification;

 

(b)       thereafter, no retention.

 

Provided that when the sum of margin and bonus of the employee's new classification exceeds the sum of margin and bonus of the previous classification, the employee shall thereafter receive payment of margin and bonus applicable to the employee's new classification.

 

26.2      Where as a result of a market change affecting the Company's operations, an employee is appointed to a classification or classifications which receive lower earnings from the sum of margin and bonus than did the employee's classification immediately prior to the appointment or the first appointment ("the previous classification"), if the employee has two or more years' continuous service with the Company, the employee shall retain the sum of margin and bonus applicable to the previous classification as follows:

 

(a)        in the first year after the date of the employee's appointment, full retention of the sum of margin and bonus applicable to the previous classification;

 

(b)        in the second year after the date of the employee's appointment, half retention the sum of margin and bonus applicable to the previous classification;

 

(c)        thereafter, no retention.

 

Provided that when the sum of margin and bonus of the employee's new classification exceeds the sum of margin and bonus of the previous classification, the employee shall thereafter receive payment of margin and bonus according to the employee's new classification.

 

26.3      Where an employee, as a result of the circumstances specified in subclauses 26.1 and 26.2 ceases to be entitled to a leading hand allowance the employee shall, (provided the employee had been receiving such leading hand allowance throughout the six months immediately preceding such cessation of the employee's entitlement thereto), retain the leading hand allowance to which the employee was entitled immediately preceding such cessation of the employee's entitlement subject to the same qualifications and adjustments as are specified in subclauses 26.1 and 26.2.

 

27.  Redundancy and Retrenchment

 

27.1      The employer will consult employees and their representatives in circumstances where a redundancy or retrenchment is likely to occur.

 

27.2      Redundancy - Where a reduction in labour requirements becomes necessary, voluntary redundancy will be explored prior to any retrenchment.

 

27.3      The following redundancy payment shall be paid to employees with at least one years completed service.

 

27.3.1   Notice - 4 weeks pay (1 additional week if over 45 years of age) excluding weekend penalty rates, overtime allowance and penalty rates.

 

27.3.2   Redundancy Payment - 3 weeks pay for each completed year of service or part thereof up to a maximum payment of 26 weeks.

 

27.4      Retrenchment (Involuntary Redundancy) - In the event of retrenchment becoming necessary, the Company will commence discussion with the relevant Unions in accordance with the Award Disputes Settling procedure about the terms of severance payment. 

 

27.5      When involuntary redundancy or retrenchments occur, the Company will assist redundant or retrenched employees to obtain alternative employment where possible or practical.

 

28.  Compulsory Retirement

 

28.1      All employees shall retire on attaining the age of 65 years.

 

28.2      The Company may in its discretion extend a particular employees’ retirement age on an annual basis.

 

29.  Definitions

 

29.1      Day workers are employees other than shift workers and include employees on night work within clause 6.4, Night Work for Day Workers and Day Shift Workers, of this award.

 

29.2      Monday to Saturday shift workers are shift workers whose ordinary working hours are worked between Monday and Saturday.

 

29.3      Where shifts commence between 11.00pm 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 such Sunday or holiday.

 

29.4      Annual leave rate of pay means -

 

29.4.1   in the case of -

 

(a)        annual leave under clause 15, Annual Leave and days added to the period of annual leave under clause 16, Days Added to the Period of Annual Leave, or Long Service Leave, taken by an employee immediately before or after leave under the Annual Holidays Act, 1944;

 

(b)       payment in respect of annual leave or days added to the period of annual leave being made to an employee under the said clauses 15 and 16 upon the termination of the employment of an employee at the same time as payment is being made under the Annual Holidays Act, 1944, in respect of such termination,

 

29.4.2   the ordinary pay of the employee, calculated in accordance with the Annual Holidays Act, 1944, for the leave taken or payments made under that Act;

 

29.4.3   in the case of annual leave under the said clause 15 and days added to the period of annual leave under the said clause 16 being taken otherwise than immediately before or after leave under the Annual Holidays Act, 1944, the ordinary pay of the employee, calculated in accordance with the Annual Holidays Act 1944, as if such leave had been taken under the Act.

 

29.5      Confined space means a compartment, space or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or when required to wear breathing apparatus with respirable air or oxygen from a source that is independent of his working environment and subject thereto shall include inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.

 

30.  Employee Representative

 

30.1      The Company shall give recognition to an employee who is the representative of employees in a location where the employee is employed and shall be allowed the necessary time during working hours to interview the Company or its representatives in the case of a dispute affecting employees in his area.

 

30.2      Recognised employee representative may be granted up to 3 days per annum training leave without loss of ordinary pay (excluding overtime).  Such leave may accrue to a maximum of 5 days.  As far as practicable, such leave should be organised so as to minimise the need for the Company to replace the employee representative by the working of overtime and to allow the employee representative to be released within ordinary time.

 

30.3      Employee representative shall be allowed access, upon request, to a telephone, fax or photocopier for employee relations issues related to the site.

 

31.  Plant Shut Downs

 

31.1      Where rostered days off are a feature of the method of working a 38-hour week, they may be accrued and discharged during plant shut down periods nominated in an annual roster made following consultation and agreement between the parties.

 

32.  Protective Clothing & Equipment

 

32.1      The Company will supply and the employee will wear personal protective equipment when engaged in any work which, in the opinion of the Company, but subject to review by the Industrial Relations Commission of New South Wales, necessitates the use of personal protective equipment.

 

32.2      The employee shall pay the costs of any replacements necessary by reason of loss or breakage due to their carelessness.

 

32.3      Clothing and protective equipment will be issued on commencement and thereafter on a replacement basis.

 

33.  Anti-Discrimination

 

33.1      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, age and responsibilities as a carer.

 

33.2      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 which, by its terms or operation, has a direct or indirect discriminatory effect.

 

33.3      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.

 

33.4      Nothing in this clause is to be taken to affect:

 

33.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

33.4.2   a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

33.6      Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

34.  Consultation

 

34.1      The Company will consult employees and if required, their representative prior to introducing change to the business that may affect ongoing permanent employment.

 

34.2      The parties agree that it is in the interests of all to ensure that there is an appropriate balance between internal and external sourcing of labour.  It is important that contractors, who work both on-site and off-site, have a key role to play in the viability of the business.

 

35.  Income Protection for Personal Accident and Sickness

 

35.1      An employee who is unable to attend for duty during ordinary working hours by reason of personal illness or personal incapacity not due to the employee’s own serious and wilful misconduct shall be entitled to be paid at ordinary time rates of pay after the later of:

 

35.1.1   10 consecutive days after the commencement of the illness or incapacity;  or

 

35.1.2   the expiry of the employee’s entitlement to paid sick leave under clause 13.

 

35.2      The employer has taken out an insurance cover that provides all employees covered by this agreement with Income Protection for personal accident and sickness.

 

35.3      The policy benefits will include:

 

Income protection to gross weekly earnings.

 

24 hours/7 days coverage.

 

Benefit payable up to 2 years.

 

Journey Accident Coverage

 

Worldwide cover

 

An excess of 7 days will apply.

 

All leave benefits do not accumulate whilst an employee is receiving Income Protection.

 

Employees’ service is not affected.

 

35.4      Cover

 

An insurance policy will be arranged for employees up to the age of 70 years and following 6 months service providing Personal Accident and Sickness Insurance Benefits.

 

35.5      Exclusions

 

a.          Employees engaged on short term or fixed term basis.

 

b.         Employees with less than 6 months continuous service.

 

c.          Absences covered by workers compensation or arising from works related injury or illness.

 

d.         Absences less than 7 days in duration.

 

e.          Injury or illness arising from the unlawful actions of the employee.

 

f.          Absences which would otherwise be covered by parental or carers leave.

 

g.         Absences resulting from alcohol, drug or substance abuse.

 

h.         Absences resulting from high risk sporting or recreational activities generally precluded from personal accident insurance arrangements (sky diving, flying other than as a passenger on a licensed airline, training or playing professional sport).

 

i.           Illnesses/injuries arising from HIV/AIDS, radiation, pregnancy or war.

 

j.           Where the employee is entitled to benefits arising from personal injury insurance (eg. motor vehicle CTP insurance, sporting injury insurance, etc.), other than workers compensation, the wage support otherwise extended under this clause will be reduced by the amount of insurance benefit paid.  Where such monies are paid by an insurer substantially after the absence, the employee is required to repay such monies to the employer.  The employer may require the employee to authorise the employer to claim such monies direct from the insurer prior to receiving extended wage support.

 

35.6      Benefits

 

35.6.1   Lump sum payments for Death, Permanent Disablement and illness/injury resulting in certain surgical procedures within 12 months of diagnosis.

 

35.6.2   Weekly payment benefits for temporary total disablement up to a maximum period of 2 years at the award rate plus 12 months average over award payment excluding allowances.

 

35.6.3   Lump sum payments for injury resulting in bone fractures, excluding teeth.

 

35.6.4   Lump sum payment for certain serious medical conditions.

 

35.7      Multiple periods of extended absences occurring within 6 months from the same or related cause(s) will be deemed a continuation of the prior period.

 

35.8      Employees are required to provide medical certificate meeting the same criteria as for sick leave for absences from 10 to 28 days duration, thereafter medical certification requirements will be as determined by the insurer.

 

35.9      The Company will administer claims made under the Personal Accident and Sickness Insurance Policy.

 

36.  Salary Sacrifice

 

36.1      Salary sacrifice is available for employees for the purposes of superannuation contributions and the purchase of lap top computers where this is in line with Australian Taxation Office Guidelines.

 

37.  Protection of Employee Entitlements

 

37.1      The Company agrees to provide a letter from the Company’s Auditors stating the ability of the Company to meet its obligations in regards to Employee Entitlements.

 

38.  No Extra Claims

 

38.1      It is a term of this Award that the Union(s) undertake not to pursue any extra claims, award or over award.

 

39.  Enterprise Arrangements

 

39.1      Occupational Health, Safety and Rehabilitation

 

39.1.1   The parties to this Award are committed to a ‘zero harm’ philosophy in the workplace.  This will be achieved by the parties being committed to the requirements of the Occupational Health Safety Act 2000, any amendments thereof, and with Regulations made under the said Act.

 

39.1.2   The parties fully endorse and support the principles of the formalised Occupational Health Safety and Rehabilitation programme as detailed in the Company’s Occupational Safety Health and Rehabilitation Manual.

 

39.2      Training

 

39.2.1   The Company will provide training opportunities for employees that will enable them to attain the various skills to carry out the Company’s operations and the employee must successfully complete that training.

 

39.2.2   Attendance at approved courses shall be paid on the basis of eight hours ordinary time.  All out of pocket expenses shall be provided by the Company.

 

39.3      Job Security

 

39.3.1   The parties agree that because the Company is an on site service provider, we must continue to provide a valuable and cost effective service to our customer in order to provide job security to the employees.

 

39.3.2   This will be achieved by having a flexible and multi skilled workplace that is focussed on providing the customer with a safer and efficient service at the lowest cost.

 

39.4      Cost Containment

 

39.4.1   The employees agree to a commitment to achieve cost reductions associated with:

 

(a)        the supply of personal protective equipment including clothing, eyewear, footwear and gloves;

 

(b)       supply of tools, slings, furniture and other items ancillary to the conduct of work;

 

(c)        damage to mobile and fixed equipment.

 

39.4.2   To achieve that commitment, the employees agree to take all reasonable care when using the equipment and tools referred to in clause 39.4.1.

 

40.  Joint Consultative Committee

 

40.1      A Joint Consultative Committee may be established and the membership shall be determined by agreement between the employees and the Company.

 

40.2      The Joint Consultative Committee shall facilitate and recommend multi-skilling and training programs and assess the achievement of skills for individual employees.

 

41.  Essential Service

 

41.1      In the event that there is a stoppage of work by employees which may affect the supply of services to Smorgon Steel Waratah site, the union and its members will agree to supply labour to ensure the Smorgon Steel Waratah site production schedule is met.

 

42.  Area, Incidence & Duration

 

42.1      This award is to regulate the conditions of employment and to describe the enterprise agreements which will exist between Hunter Mill Services (‘the employer’) and the AWU Newcastle, Central Coast and Northern Regions Branch at its area of operation located within the Smorgon Steel Group Reinforcing and Steel Products Division Manufacturing and Grinding Media Waratah. 

 

42.2      This award will take effect on and from the first pay period beginning on or after 22 March 2006 and will remain in force until 31 December 2008.

 

42.3      This Award shall be binding upon Hunter Mill Services and to its employees who are engaged in the classification specified in this Award and the following Union:

 

The Australian Workers Union, Newcastle, Central Coast and Northern Regions Branch.

 

Attachment 1

 

INDUSTRIAL INCIDENT REPORT

 

 

Attachment 2

 

Arrangements for Working 12 Hour Shifts

 

1.          Annual Leave:  Annual leave may commence and finish on any day of the week.  Total annual leave (which includes any other accrued days) should be taken in no more than 3 separate periods over the year.  Flexibility in the start days is restricted only by the ability to manage the number of people on annual leave at any one time.  Wherever possible requests of less than one week will be considered.

 

2.          Basis of payment:  An employee’s annual leave entitlement is governed by the terms of the Annual Holidays Act which describes the entitlement in weeks.  The Act stipulates that an employee is entitled to "4 weeks" annual leave, plus an additional "week" for a year working 7 day roster.

 

3.          Payment for annual leave will be paid according to the days rostered on to work.  An employee will be paid according to the roster plus any weekend penalties/ring rosters and shift allowances which would have been paid if the employee had been at work.

 

4.          Public Holidays:  If a public holiday falls during an annual leave period then the employee is paid 12 hours at ordinary time and the accrued additional annual leave day is added to the leave being taken.

 

5.          If a public holiday is during a rostered off period then the employee is paid an additional 12 hours at ordinary time.

 

6.          If a public holiday is during a rostered on period and the employee is required to work then the employee is paid at double time and a half. 

 

7.          Ring Roster Day:  If a compulsory overtime shift (ring roster shift) falls within an annual leave period then employees are paid as if at work.

 

Ring roster shifts occurring in this manner have no bearing on the annual leave entitlement.

 

8.          Sick Leave:  Sick leave is accrued in hours by the Award according to years of service.

 

9.          Employees absent from work on a 12 hour shift and who claim sick pay will be paid 12 hours ordinary time and 12 hours will be deducted from the accumulated sick pay entitlement. 

 

10.        Penalty Rates:  Penalty rate entitlements for overtime or weekend shift work are as provided by the Award.

 

11.        Overtime:  Overtime commences after 12 ordinary hours have been worked each shift.  Payment will be at double time.

 

12.        Shift Work: 

 

Saturdays - for 12 hour shift work payment will be at time and a half.

 

Sundays will be at double time.

 

13.        Public Holidays:  For work performed on a public holiday, payment will be at double time and a half. 

 

14.        Meal Breaks:  2 x 20 minute paid meal breaks in a 12 hour shift to be taken approximately 4 hours apart at a time best suited to plant operations.

 

15.        Long Service Leave:  Long service leave entitlements are governed by the NSW Long Service Leave Act and are specified as "weeks".  Payment for long service leave is calculated on the number of ordinary hours rostered to work in the period of long service leave taken.  Weekend penalty rates/ring roster shifts do not apply to long service leave. 

 

16.        Workers Compensation Benefits

 

Benefits are governed by legislation.

 

Absent through works injury:  Benefits are based on ordinary weekly wage and the shift roster worked by the employee does not alter the benefit.

 

Working on selected duties:  Benefits are calculated on make up to average earning of comparative employees including shift allowances and weekend penalty payments.

 

17.        Shift Allowance:  Shift allowance on a 12 hour shift roster is paid in accordance with the award conditions for those on a day/night rotating shift.

 

 

 

J.D. STANTON, Commissioner

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.