Integrated Steel Mill Services Pty Ltd On Site Bluescope AND Coated Products Port Kembla ENTERPRISE Award 2005-2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by South Coast Equipment Pty Ltd.

 

(No. IRC 1624 of 2006)

 

 

AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

1.0       Introduction

1.1        Title

1.2        Parties Bound

1.3        Memorandum Of Understanding

1.4        Duress

1.5        Commencement and Term of the Award

1.6        No Extra Claims

 

2.0       Employment Conditions

2.1        Contract of Employment

2.2        Probationary Period

2.3        Types of Employment

2.4        Payment of Wages

2.5        Clothing Issue

2.6        Requirement to Work in Accordance with the needs of the Business

2.7        Security of Employment

2.8        Introduction Of Change

2.9        Termination Of Employment

2.10      Severance Payment

 

3.0       Hours of Work

3.1        Ordinary Working Hours

3.2        Day Shift Employees

3.3        8 Hour Shift Workers

3.4        Twelve Hour Shift Workers

3.5        Overtime

3.6        Transfers between Day Work, Shift Work and Rosters

 

4.0       Rates of Pay

4.1        Classifications

4.2        Wages

4.3        Meal Allowances

4.4        Superannuation

 

5.0       Leave

5.1        Annual Leave

5.2        Annual Leave Loading

5.3        Public Holidays

5.4        Long Service Leave

5.5        Parental Leave

5.6        Sick Leave

5.7        Personal/Carer’s Leave

5.8        Compassionate Leave

5.9        Community Service

 

6.0       Disciplinary Policy

6.1        Objectives of Discipline Policy

6.2        Employee’s Right to have a Witness Present at an Interview

6.3        Stages of Discipline

6.4        Repetition of Misdemeanours after Lapse of Warnings

6.5        Avoidance of Disputes

6.6        Employee Assistance Scheme

 

7.0       Training and flexibility

7.1        Training Provisions

7.2        Payment For Training

7.3        Appraisals

 

8.0       Occupational Health and Safety

8.1           Anti Discrimination

 

9.0       Dispute Settlement Procedures

 

10.0     Essential Services Dispensation

 

11.0     Payroll Deduction of Union Membership

 

1.  Introduction

 

1.1        Title

 

This Award shall be known as the Integrated Steel Mill Services Pty Ltd - On Site Bluescope & Coated Products Port Kembla Enterprise Award 2005-2008 (‘the Award’).

 

1.2        Parties Bound:

 

This Agreement binds the following parties:

 

(a)        Integrated Steel Mill Services Proprietary Limited at its operations located within the Bluescope Steel Port Kembla Steelworks, Port Kembla; ("the Company");

 

(b)        The Australian Workers' Union, New South Wales Branch, ("the Union"); and

 

(c)        All employees of the Company at Port Kembla in the classifications contained herein (‘the Employees’).

 

1.3           Memorandum of Understanding

 

The purpose of the Award is to demonstrate from the outset the Company's:

 

1.          Commitment to ensuring the success of the Company;

 

2.          Commitment to the people who make up the Company, the Employees; and

 

3.          Commitment to the business relationship with Bluescope Steel, and its impact on the community and the environment.

 

The objective of the Award is to:

 

(a)        Define the terms and conditions under which all Parties are to work and operate;

 

(b)        Clarify and ensure that all the Parties involved have a clear understanding of the terms and conditions from the outset; and

 

(c)        Gain the commitment, agreement and signed approval to the terms and conditions as per the Award.

 

It will be the objective of the parties to create a work environment at the Company’s operations which will encourage and support a highly skilled, committed and fully flexible workforce, based on team work and employee development as priorities in achieving the success of the business and a positive direction for the future. Changes needed to achieve best business practice and client satisfaction will be discussed and negotiated by consultation with the Employees.

 

The Employees should be trained to be multi skilled in a range of tasks and to flexibly change jobs, not only to meet the requirements of the Company, but also to provide more satisfying and meaningful jobs to the Employees. 

 

1.4        Duress

 

The Award has not been entered into under duress from any parties associated with it.

 

1.5        Commencement and Term of the Award

 

The Award shall come into force from 1st July 2005, and shall apply for a period of three (3) years from that date. The parties agree that negotiations on a new Award will be initiated within six (6) months of the termination of the Award.

 

1.6        No Extra Claims

 

No party shall pursue any extra claims, award or over award, for the duration of the Award.

 

2.  Employment Conditions

 

2.1        Contract of Employment

 

2.1.1     The obligations of the Company and the Employees to the Company’s customers and their employees must be respected. The Employees’ actions should not adversely affect the Company’s customers.

 

2.1.2     It is a term and condition of employment and of the rights applying under this agreement that an employee:

 

(a)        Utilises the skills and knowledge that the employee possesses without reservation within the employee’s core skill area.

 

(b)       Will be encouraged to participate in training and be accredited in work skills and knowledge to become a flexible member of the work team;

 

(c)        In the case of a Shift Worker or Twelve Hour Shift Worker, they continue work until relieved by a counterpart on the incoming shift or if his relief is absent continues to work to a maximum of 16 hours until the Company is able to make suitable arrangements to cover the position.  Should the off going worker have prior commitments then the Company will use its best endeavours to accommodate these. It is recognised that there are occasions when it is not possible for the worker to continue to work.

 

(d)       Notifies the Company if unable to work:-

 

i.           At least one hour before the commencement of the rostered shift;

 

ii.          Of the reason for the absence if work related; and

 

iii.         The anticipated duration of absence.

 

(e)        Observes regulations published by the Company and its customers to provide an orderly and safe workplace, including keeping the workplace and equipment in a clean and safe condition.

 

(f)        Wears Company supplied clothing without alteration and in accordance with Clause 2.7 of the Award.

 

(g)       Complies with the Disputes Settlement Procedure (Clause 9 of the Award) at all times.

 

(h)       Work to shiftwork systems as required by the Company that are consistent with current agreed procedures and practice or such patterns as may be agreed to and signed off by the Company and the majority of Employees involved, unless stated otherwise in the Award.

 

(i)         Completes all relevant documentation pertaining to the job as required by the Company.  This will include but will not be limited to equipment pre start check sheets, time sheets, relevant safety documentation and other documentation by consultation.

 

2.1.3     Utilisation Of Skills

 

(a)        Employees shall be employed to carry out such duties as may be directed by the Company from time to time subject to the limits of their skill and competence, training and approved procedures. 

 

(b)       Any direction given by the Company shall be consistent with the Company’s obligations under the Occupational Health and Safety Act 2000 (NSW) and shall be carried out as such by the employee. 

 

2.1.4     The following items assist both the Company and the Employee to obtain the best value for each other:

 

(a)        Customer-focused: Know their customers' business and respond to this in ways that ensure their work group can meet those needs.

 

(b)       Attuned to the business needs: Know the requirements of the various work groups and respond with a maintenance programme that attains their needs.

 

(c)        Suitable training: People who are prepared to be trained in various roles inside and outside their main role.

 

(d)       Flexibility: Operators who, while carrying out their primary role within the organisation, are willing to use other skills to keep the business going. 

 

(e)        It is recognised that the primary role of operators in the Company is the efficient operation in the BOS and upkeep of the Company's plant and equipment. The use of their operator skills enables the Company to maintain production to satisfy customers in a particular work area when an operator shortfall occurs in their work groups.

 

(f)        Proactive: Respond quickly and before equipment breaks, wherever possible. Keep in mind the needs of production. Partner with operational areas. Be a constructive member of work area teams. Help the business reduce its costs. Recognise that operation improvements and changes are an ongoing necessity of the business, to allow it to remain competitive.

 

2.2        Probationary Period

 

(a)        New permanent employees shall be required to complete a probationary period of three (3) months service.

 

(b)        The Company will always have the right to terminate an employee for serious breach of rules or policies in consultation with the Union.

 

2.3        Types of Employment:

 

2.3.1     The Award governs the terms and conditions of employment of all employees of the Company at Port Kembla in the classifications contained herein, as follows:

 

(a)        Permanent or Permanent Part Time Employees, whose employment shall be on a weekly basis; or

 

(b)       Casual Employees, whose employment shall be on an hourly basis.

 

2.3.2     Part Time Employment -

 

Part time Employees may be engaged to the needs of the business on an ongoing basis for a period of between 15 hours per week but less than 38 hours per week. Part-time Employees will be eligible for the entitlements provided in this Award on a pro rata basis. If work practices are to be substantially changed due to this practice, there shall be consultation between parties.

 

2.3.3     Casual Employees

 

(a)        A casual employee is one engaged for a minimum period of (1) day and paid as such. A minimum of (4) hrs per day will apply where work is not available due to reasons beyond the control of the employer. The engagement of a casual may be terminated at any time upon one hours notice or by payment in lieu. Employees engaged as casuals for a continuous period of six (6) weeks will be entitled to full time employment and shall be advised in writing of such by the company. A casual employee shall not be employed for more than six (6) continuously. Consultation and agreement may extend this period of engagement with employee representatives

 

(b)       Casual employees working ordinary time shall be paid 1/38th of the weekly wage, prescribed in clause of the award, for each hour worked. A casual employee shall not be entitled to any leave, public holidays, notice or severance benefits contained in this agreement but shall receive in lieu an all-purpose loading of 25% of the ordinary time.   

 

2.3.4     Fixed Term Employee -

 

A Fixed Term Employee means an Employee who is engaged and paid as a full time employee on a weekly basis for a defined period of employment.

 

(a)        At the time of engagement a Fixed Term Employee will be notified in writing whether the engagement is on a casual basis.

 

2.3.5     During any terms of employment Casual and Fixed Term Employees will be subject to regular performance appraisals and may be terminated due to poor or unacceptable performance.

 

2.4        Payment of Wages

 

(a)        The Employees will be paid weekly by means of Electronic Funds Transfer into a nominated Bank or Credit Union account.

 

(b)        Funds shall be deposited into the Employees’ accounts by Thursday of the relevant week except in circumstances beyond the Company’s control.

 

(c)        Prior to or on the nominated payday, the Employees will be provided with written advice detailing hours worked, all monies earned and all deductions taken on behalf of the Employee and any other information as may be considered relevant.

 

(d)        Out-of-Shift scheduled work and pay adjustments will be made within the following week of notification and approval.

 

(e)        In addition the employees will determine the most appropriate method of pays.  Either, average weekly wage plus overtime worked or paid only for hours worked plus any overtime.

 

2.5           Clothing Issue

 

2.5.1     The Company recognises the need to supply employees with a suitable uniform to meet the safety standards of the workplace and Government Legislation.

 

2.5.2     Personal Protective Safety Clothing shall be issued as required, to meet relevant Departmental Personal Protective Equipment Policies.

 

2.5.3     New Employees shall be provided with the following Personal Protective Safety Clothing as a minimum:

 

1          Four pairs of socks;

 

2          Four shirts;

 

3          Four pairs of trousers; and

 

4          One coat or two jumpers;

 

2.5.4     The ongoing allocation of Personal Protective Safety Clothing to be worn by the Employee shall operate under a points system. The points allocated to each item of Safety Clothing are as follows:

 

1          Overalls Cotton Drill Navy 2

 

2          Shirts Cotton Drill Navy 1

 

3          Flannel 1

 

4          Trousers Cotton Drill Navy 1

 

5          Jackets Cotton Drill Navy 2

 

6          Bluey Jnr. Navy 4

 

7          Sweat Shirt Blue 2

 

8          Socks 0.5

 

For BOS employees only -

 

1          Overalls Cotton Drill Navy 2

 

2          Shirts Cotton Drill Navy 1

 

3          Flannel Navy 1

 

4          Wool Navy 1

 

5          Trousers Cotton Drill Navy 1

 

6          Wool Navy 1

 

7          Jackets Cotton Drill Navy 2

 

8          Bluey Jnr. Navy 4

 

9          Sweat Shirt Blue 2

 

10        Socks 0.5

 

11        T-Shirt Wool Navy 1

 

The agreed number of annual points for the terms of this Award is 14.

 

2.5.5     The issue of work appropriate Safety Footwear will be on a needs/replacement basis.

 

2.5.6     The issue of this Safety Clothing is an obligation on the Employee that such clothes will be correctly worn during employment in the Company’s operations. If the Employee presents for work without appropriate clothing they may be stood down until their next shift or the next day. Repeated occurrences may be grounds for disciplinary action.

 

2.6        Requirement to Work in Accordance With the Needs of the Enterprise

 

For the purpose of meeting the needs of the enterprise, the Company may require the Employee to work a reasonable amount of overtime, including work on Sundays and holidays at the rate prescribed by the Award and unless reasonable excuse exists, the Employees shall work in accordance with such requirement.

 

2.7        Security Of Employment

 

2.7.1     The Company may implement changes to work practices, procedures and systems as a result of technological developments or innovative ideas that will improve efficiency, productivity, profitability and safety.  In such circumstances, the Company will discuss with and keep the Employees and Union informed of proposed changes.

 

2.7.2     The Company reserves the right to design and redesign the structure and the functions of the jobs in consultation with the Employees and Union, as the needs of the Company change. In the event of a dispute between the parties, the matter will be dealt with in accordance with the Dispute Settlement Procedure Clause (9).

 

2.8        Introduction of Change 

 

2.8.1     The parties to this agreement accept that prior to the company requiring to make any significant change to the normal conditions of employment they will consult with the union. Where the parties are unable to agree on the change the disputes procedure will be followed.

 

2.9        Termination Of Employment

 

2.9.1     Notice for changes in production, program, organisation or structure

 

This paragraph sets out the notice provisions to be given to employees who are terminated by the Company for reasons arising from changes to production, program, organisation or structure, and which result in the Significant Effects in paragraph 2.10 of the Award.

 

(a)        In order to terminate the employment of an Employee, the Company shall give to the Employee the following notice:

 

 

(b)       In addition to the notice above, the Employees over 45 years of age at the time of the giving of the notice, with not less than two (2) years' continuous service, shall be entitled to an additional week's notice.

 

(c)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

2.9.2     Notice for Technological Change -

 

This paragraph sets out the notice provisions to be given to employees who are terminated by the Company for reasons arising from technology, and which result in the Significant Effects in paragraph 2.10 of the Award.

 

(a)        In order to terminate the employment of an Employee, the Company shall give the Employee one (1) month’s notice of termination.

 

(b)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this subclause to be given shall be deemed to be service with the Company for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

2.9.3     Time Off During the Notice Period -

 

(a)        During the period of notice of termination given by the Company, the Employee shall be allowed up to one (1) day's time off without loss of pay during each week of notice, to a maximum of five (5) weeks, for the purpose of seeking other employment.

 

(b)       If the Employee has been allowed paid leave for more than one (1) day during the notice period for the purpose of seeking other employment, the Employee shall, at the request of the Company, be required to produce proof of attendance at an interview or the Employee shall not receive payment for the time absent.

 

2.9.4     Employee Leaving During the Notice Period -

 

If the employment of an Employee is terminated (other than for misconduct) before the notice period expires, the Employee shall be entitled to the same benefits and payments under this clause had the Employee remained with the Company until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.

 

2.9.5     Statement of Employment - The Company shall, upon receipt of a request from an Employee whose employment has been terminated, provide to the Employee a written statement specifying the period of the Employee's employment and the classification of or type of work performed by the Employee.

 

2.9.6     Notice to Centrelink - Where a decision has been made to terminate Employees, the Company shall notify Centrelink as soon as possible, giving relevant information, including the number and categories of the Employees likely to be affected and the period over which the terminations are intended to be carried out.

 

2.10      Severance Payment

 

2.10.1   This provision only applies to employees who are terminated in accordance with paragraphs 2.10 and 2.11 of the Award, and who have had more than twelve (12) months of continuous service with the Company.

 

2.10.2   In addition to any payment of notice, pursuant to Clause 2.11 of the Award, an Employee who more than twelve (12) months of continuous service with the Company; the Employee is entitled to severance payments calculated pursuant to paragraphs (a) or (b):

 

(a)        If an Employee is under 45 years of age, the Company shall pay in accordance with the following scale:

 

 

(b)       Where an Employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

 

3.  Hours of Work

 

The parties intend that there will be minimum disruption to operational efficiency between efficiency between shift changes.

 

The Employees shall commence and complete their hours of work at their actual workplace within the Company’s operations.

 

All wash up time shall be taken at the expiry of the employee’s normal work hours.

 

3.1        Ordinary Working Hours

 

(a)        For "Day Workers", ordinary working hours shall be an average of thirty eight (38) hours per 5-day week over the full cycle of the relevant work roster.

 

(b)        "Shift Workers" means any employee working a scheduled pattern outside of ordinary day hours in accordance with 3.3.1 of the Award. Shift Workers may work fixed, rotating or alternating shift patterns on a one, two or three shift system.

 

(c)        Twelve Hour Shift Workers are employees Shift Workers working a twelve-hour rostered shift of continuous basis, in accordance with Clause 3.4 of the Award.

 

3.2        Day Shift Employees

 

(a)        Start and Finish Times

 

The starting and finishing times of ordinary work and shifts shall be determined by the Company taking into account the needs of the client and may be varied following consultation with the Union with adequate notice to Employees.

 

(b)        Meal Breaks

 

On each day worked, Monday to Friday inclusive, thirty five minutes is allowed to Day Workers for an unpaid meal break

 

An employee shall not be required to work more than (5) hrs without a break except in the case of urgent/breakdown work which is needed for an immediate resumption of operations, generally meal breaks should be taken between the hours of 11.30 am to 1.20 pm. unless the parties agree to an alternate agreement.

 

In the event the employee is required to work more than (5)hrs and there is no agreement  he/she will be paid the appropriate penalties.

 

(c)        Except as provided elsewhere in this Award, the ordinary working hours shall be worked in accordance with the following provisions for a four-week cycle:

 

i.          The ordinary working hours shall be as a four-week cycle, Monday to Friday inclusive, with 19 working days of 8 hours’ duration, with 0.4 of one hour on each day worked or for each day on approved or entitled leave accruing as an entitlement to take an accrued Roster Day Off (RDO) within the four-week cycle following the date of entitlement.

 

ii.         The taking of the RDO shall be determined by Management in consultation with employees having regard to the needs of the business, health and safety issues and any legal requirements.

 

iii.        However, where the RDO cannot be taken within the four-week cycle following the date of entitlement, due to legitimate reasons, at any one time up to a maximum of four (4) RDO's may be accumulated.

 

iv.        Where an employee intends to take accumulated RDO's, a written application form must be submitted prior to and approved by the employee’s Supervisor/Manager in writing, giving at least 24 hours’ notice.

 

v.         Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

vi.        The accrued Roster Day Off (RDO) may be worked where that is required by the employer in which case, in addition to accrued entitlements, the employee shall be paid at the rates prescribed for Saturday work.

 

3.3        8 Hour Shift Workers

 

3.3.1     Definitions for the purpose of this clause:

 

(a)        "Day shift" means any shift starting after 6.00 am and finishing on or before 6.00pm.

 

(b)       "Afternoon shift" means any shift starting after 6.00pm and finishing on or before midnight.

 

(c)        "Night shift" means any shift starting after 8.00 pm and finishing on or before 4.00am.

 

A regular starting and finishing time within the normal span of hours shall be fixed, which shall not be altered except after notice of at least a week to the employee concerned. Notice of less than one week may be given by agreement between the employer, the employee, and the majority of the employees in the Work Group.

 

Shift work hours between Monday and Friday, inclusive, shall be paid as ordinary hourly rates. Time worked on a Saturday, Sunday or a Public Holiday shall be paid in accordance with Clause 7, Overtime, provided an ordinary shift commencing before, and extending beyond, midnight Friday, shall be regarded as a Friday shift.

 

3.3.2     All Shift Workers will be entitled to a 30 minute paid break within five hours of commencement of work.  The time of taking meal breaks, whether during ordinary or overtime hours, shall be flexible so as to permit the conduct of continuous operations.

 

3.3.3     Shift Workers will be required to work shift work on a Rotating Shift or on a Permanent Shift System on Day Shift, Afternoon Shift and Night Shift, as defined in Clause 3.3.1.

 

3.3.4     A shift shall be determined as being a Saturday, Sunday or Public Holiday if the major portion of that shift is worked on that day.

 

3.3.5     Accrued Rostered Days Off (RDO) as per Sub-Clause 6.3 (b) of Clause 6, Hours, shall apply to eight (8) hour shift workers.

 

3.3.6     Shift Work Allowances for Shift Workers:

 

1          Subject as in the Award otherwise provided, shift workers shall be paid, in addition to the rates payable under this Award, shift work allowances at the rate of 15% for Afternoon and Night shift not fixed

 

3.4        Twelve Hour Shift Workers

 

3.4.1     This subclause shall only apply to Shift Workers working a twelve-hour rostered shift of continuous basis ("Twelve Hour Shift Workers").

 

3.4.2     Payment for rostered shifts shall be:

 

 

3.4.3     Shift Allowance -

 

The parties agree that for full time12-hour shift employees who are rostered on   shifts on any day of the week, an allowance equivalent to $1.75 per hour for 42hrs and for 52weeks will be paid in lieu of any percentages for 12hr shift workers only. This allowance will not extend into overtime.

 

3.4.4     Hours of Duty

 

(a)        During the life of this Agreement the ordinary hours of duty For Twelve Hour Shift Workers will be 12 hours per shift.  The hours rostered will average 42 per week over the roster cycle.

 

(b)       Day shift will commence at 6am and finish at 6pm.

 

(c)        The first shift of the week will be the Sunday night work.

 

(d)       Night shift will commence at 6pm and finish at 6am the next day.

 

(e)        All Twelve Hour Shift Workers must be on the job and ready for work to have relieved the previous shift by 6am or 6pm as appropriate.

 

(f)        For the purposes of payment the day upon which any twelve (12) hour shift commences will determine such penalty rates or benefits that may be paid for that working shift.

 

3.4.5     Pay Period

 

The hours paid per weekly pay period will be averaged over the roster cycle and pays shall be equal to the average weekly pay regardless of the normal days worked in each pay period subject to variations detailed.

 

3.4.6     Penalty Rates

 

(a)        There is no change in penalty rate entitlements for overtime or for weekend shift work for Twelve Hour Shift Workers.

 

(b)       Overtime will not commence until twelve (12) ordinary hours have been worked each shift. Payment for the first two (2) hours of work beyond the twelve (12) -hour shifts will be at time and a half and thereafter at double time.

 

(c)        Overtime worked on Saturday and Sunday will be paid at double time.

 

3.4.7     Training

 

(a)        Twelve Hour Shift Workers will be paid for the time they attend for training and this shall be a minimum payment of four (4) hours.

 

(b)       A minimum notice period of 48 hours shall be given to a Twelve Hour Shift Worker to be trained and the trainer of arrangements to train outside ordinary work hours.

 

3.4.8     Overtime Coverage

 

(a)        When overtime coverage by a Twelve Hour Shift Worker is required due to unplanned absence then other day shift personnel will be directed to cover the shift if other operational requirements are not adversely affected

 

(b)       If no day worker can be made available with this process, the supervisor will then call on any Employee rostered off but made available through the voluntary overtime roster.

 

(c)        If no rostered off Employees, or Day Workers or Shift Workers can be made available then a Twelve Hour Shift Worker from the previous shift may be required to stop an additional 4 hours to ensure continuity of production to the customer. Another Twelve Hour Shift Worker from the following shift may be required to attend four (4) hours early and the interim four (4) hours will be covered by other team members.

 

3.4.9     Relief on the Job

 

(a)        Twelve Hour Shift Workers shall provide on the job shift changeovers. This requires the oncoming relief to be at the place of work, or equipment, before the outgoing person ceases to work.

 

(b)       In the event that the oncoming shift relief does not arrive then Twelve Hour Shift Workers may be required to remain on the job for up to four (4) hours or until a replacement is arranged to provide continuity of production and services.

 

3.4.10   Early Relief

 

Twelve Hour Shift Workers may continue to relieve to a maximum of one (1) hour before or after the normal shift commencement time by mutual agreement. 

 

3.4.11   Shift Swaps

 

Shift swaps by arrangement between Twelve Hour Shift Workers will still be permissible but will not be approved if the swap will bring about a double twelve (12) hour shift.

 

3.4.12   Public Holidays

 

(a)        For the purposes of this agreement, each day is deemed to commence at 6am and extend for a twenty four (24) hour period to 6am the next day for Twelve Hour Shift Workers. The first shift of the week for Twelve Hour Shift Workers shall be shift commencing Sunday 6am.

 

(b)       For the purposes of payment the two shifts for Twelve Hour Shift Workers commencing during the 24 hours of the Public Holiday will attract the Public Holiday payments or penalty rates.

 

(c)        Public Holidays falling on a rostered day off of a Twelve Hour Shift Worker will be paid at 8 hours.

 

3.4.13   Meal Breaks

 

Twelve Hour Shift Workers are entitled to two twenty-minute crib breaks to be taken approximately four hours apart.  Each crib break will be taken in a staggered system within the shift crew to cover the needs of the operation and will he counted as time worked. The breaks should be arranged so that they are taken at regular intervals at a time to best suit the needs of the business. Operators are expected to be flexible in working arrangements to allow for shift and meal breaks to be taken by all Twelve Hour Shift Workers on shift.

 

An employee shall not be required to work more than (5) hrs without a break except in the case of urgent/breakdown work which is needed for an immediate resumption of operations.

 

In the event the employee is required to work more than (5)hrs and there is no agreement  he/she will be paid the appropriate penalties.

 

3.4.14   Transfer Between Day Work, Shift Work and Rosters

 

(a)        For the purpose of meeting the needs of the industry, the Company may require any Twelve Hour Shift Worker to transfer from one system of work to another system of work prescribed by this Award at the rate applicable thereto and, unless reasonable cause exists, an employee shall transfer in accordance with such requirement.

 

(b)       Day Workers may be employed as, and become, Twelve Hour Shift Workers for a period of not less than five shifts when the fifth shift is their 38-hour week rostered off shift and shall be paid accordingly.

 

(c)        Provided that an employee shall be paid at overtime rates for any shift upon which he/she is employed as a Twelve Hour Shift Worker under this Clause in respect of which they have not been given at least 48 hours’ notice.

 

(d)       A Shift Worker who is required to work on a shift other than the shift on which he/she would ordinarily have been rostered shall be paid at overtime rates for any such shift in respect of which they have not been given at least 48 hours’ notice. This will not apply where the Employee reverts to their normal shift pattern or where Employees change shifts at their own request.

 

3.5        Overtime

 

3.5.1     This clause only relates to "Day Workers" and "Shift Workers".

 

3.5.2     Overtime - Day Workers:

 

(a)        "Overtime" is work performed in excess of or outside the ordinary working hours and times prescribed by 3.4 of the Award and shall be paid at the rate of time and one half for the first two hours and at the rate of double time thereafter.

 

(b)       Except in the case of urgent breakdown work necessary to secure an immediate resumption of operations, overtime shall be paid for all time worked by Day Workers in excess of five hours without a meal break.

 

(c)        A Day Worker, required to work either:

 

i.           On a Saturday, Sunday, a 38-hour week rostered day off, or a public holiday;

 

ii.          A Monday to Saturday shift worker required to on a Sunday, a 38 hour week rostered off day or a Public Holiday, 

 

they shall be paid for a minimum of four (4) hours’ work.

 

(d)       Where the actual time worked is of shorter duration than four (4) hours, the working period shall not be regarded as overtime.

 

3.5.3     Overtime - Shift Workers:

 

(a)        Overtime shall be paid for Shift workers at the rate of time and one half for the first two hours and at the rate of double time thereafter for all time worked:

 

i.           For all hours worked in excess of the ordinary working shift hours prescribed in Clause 3.4 of the Award;

 

ii.          For all shift worked if more than eleven shifts in twelve consecutive days;

 

iii.         For all hours worked on a rostered shift off; or

 

iv.        For all hours worked in excess of five and one half hours without a Crib break.

 

(b)       For Shift Workers overtime shall be paid at the rate of double time for all time worked on Saturday and Sunday.

 

3.5.4     Where overtime is scheduled on a Rostered day, and an agreement has been reached to work such overtime:

 

(a)        If an employee is unavailable to work for personal reasons they must where practicable, give three (3) days’ notice to their Supervisor or Team Leader of their unavailability, this is not applicable for sickness but where possible they should give as much notice as possible with a minimum of (1) hour.

 

(b)       The Company may not cancel such programmed work on rostered-off shifts with less than three (3) days’ notice or shall pay for a minimum of four (4) hours at the overtime rate.

 

(c)        Overtime is not payable when time is worked by arrangement between the Employees themselves. Employees wishing to change their rostered working hours or exchange with other Employees must advise the Company well before the hours of work is required to be performed.

 

3.5.5     Subject to the Contract of Employment an Employee who presents him/herself for their ordinary work and the Company does not provide adequate notice to the Employee that they are not required, they shall be paid at least four (4) hours pay.

 

3.5.6     Any employee who is:

 

(a)        Recalled to work overtime after leaving the place of work whether notified before or after leaving the premises; or

 

(b)       Required to report and who do report for overtime on a public holiday or a day other than an ordinary working day (including rostered days) off, shall be paid for a minimum period of four (4) hours at the appropriate rate for each such occasion, unless the period to be paid overlaps with a rostered shift.

 

3.5.7     Overtime call outs within two (2) hours of normal rostered shifts will be paid at double time for that period or the Employee may choose to work his/her normal shift hours from the commencement of the call out at the normal shift rate.

 

3.5.8     Overtime work is not a right or privilege of Employees and, when offering overtime, preference may be given to the Employees working that function, and then to other Employees with necessary skills and training on a fair and equitable basis.

 

3.5.9     When overtime work is necessary, wherever practicable, it shall be arranged that the employees have at least eight (8) consecutive hours off duty between the works of successive days. An Employee who works overtime such that they do not get eight (8) successive hours off between working days shall, subject to this Clause, be released after completion of such overtime until they have had eight (8) hours off duty without loss of pay for ordinary working time during such absence. No more than sixteen (16) consecutive hours shall be worked at any one time.

 

3.5.10   If, on instruction from the Company, an Employee resumes or continues working without eight (8) consecutive hours off duty, he/her shall be paid at double rates until released from duty and then be entitled to be absent until having eight (8) consecutive hours off duty, without loss of pay, for ordinary working time during such a period.

 

3.6        Transfer Between Day Work, Shift Work and Rosters

 

3.6.1     This clause only relates to "Day Workers" and "Shift Workers" as defined in Clause 3.2 and 3.3 of the Award.

 

3.6.2     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 by this Award at the rate applicable thereto and, unless reasonable cause exists, the Employee shall transfer in accordance with such requirement.

 

3.6.3     Day Workers may be employed as, and become, Shift Workers for a period of not less than five shifts when the fifth shift is their 38-hour week rostered off shift and shall be paid accordingly.  If they work less than five consecutive shifts, they shall be paid overtime rates.

 

3.6.4     Provided that an Employee shall be paid at overtime rates for any shift upon which he/she is employed as a Shift Worker under this Clause in respect of which they have not been given at least 48 hours’ notice.

 

3.6.5     A Shift Worker who is required to work on a shift other than the shift on which he/she would ordinarily have been rostered shall be paid at overtime rates for any such shift in respect of which they have not been given at least 48 hours’ notice. This will not apply where the Employee reverts to their normal shift pattern or where Employees change shifts at their own request.

 

4.  Classifications/Rates of Pay

 

4.1        Classifications

 

(a)        Rates of pay have been set with regard to the nature and location of the work, working arrangements, qualifications and skill level required, and includes compensation for any special disabilities, conditions and responsibilities associated with the work, including consideration of climatic work related factors, and the supply of tools, equipment and clothing. Rates of pay are total and inclusive, not subject to rates or allowances other than defined in this Award.

 

(b)        An Employee who is required to do work carrying a higher rate than his/her ordinary classification for two hours or more on any day or shift shall be paid at the higher rate for the whole of the day or shift.

 

(c)        The ordinary and minimum weekly rates to be paid to any classification of adult Employee shall be in accordance with the following levels and set out in Appendix 3 -Rates of Pay:

 

i.          Operator Level 1 shall mean a person shall mean an Employee on probation that is undertaking training for Level 2 classification.

 

ii.         Operator Level 2 shall mean an Employee assessed as competent and employed in;

 

1           Front-end Loader (general);

 

2           Crushing & Screening Plant (equivalent to two skills);

 

3           Road Sweeper; Fuel Truck; Fork Lift, Skid Steer and persons in training for Level 3 classification

 

iii.        Operator Level 3 (Leading Hand) - For the purpose of this Sub-Clause, a Leading Hand may be defined as an Employee at any level, who is required to act as a Leading Hand and is formally appointed after consultation with Management. The Primary Purpose of the Leading Hand function is to allocate and prioritise while on shift.

 

(d)        The Leading Hand shall assist Management in:

 

The safe working procedures;

 

Keeping all plant in his/her work environment in a safe and good working condition;

 

Ensuring all work is carried out to a high standard.

 

(e)        It is essential that Level 3 Operators are committed and will respond to the needs of BSL, not frustrate the needs of the business.

 

4.2        Wages

 

(a)        The Employees are currently paid one of the following rates.

 

 

(b)        These rates will be increased by an additional 4.5% from the first pay period commencing on or after the 1st July 2006; and 

 

(c)        A further 4.5% increase in rates shall apply from the first pay period commencing on or after the 1st July 2007; and

 

 

4.3        Meal Allowances

 

Employees required to work overtime for more than one and a half hours after the ordinary cessation of shifts without having been notified 24 hours prior to the day of the requirement to work shall be provided with a meal voucher by the Company.

 

4.4        Superannuation

 

The Company nominates AMP CustomSuper Superannuation Fund as its default Superannuation Fund but offers employees the choice of contribution to STA or C-BUS Superannuation Funds.  The Company shall contribute to the nominated Superannuation Fund, on behalf of each eligible Employee, a superannuation contribution in accordance with the Superannuation Guarantee Levy.

 

5.  Leave

 

5.1        Annual Leave

 

(a)        See Annual Holidays Act 1944 (NSW) (‘the Annual Holidays Act’) as amended.

 

5.2        Annual Leave Loading

 

(a)        Before an Employee is given and takes a period of annual leave, or where by award between the Company and Employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the Company shall pay an employee a loading determined in accordance with this clause.

 

(b)        The loading is payable in addition to the pay for the period of holiday given and taken and due to the Employee under the Annual Holidays Act and the Award.

 

(c)        The loading is to be calculated in relation to any period of annual holiday to which the Employee becomes entitled under the Annual Holidays Act and the Award, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(d)        The loading is the amount payable for the period, or the separate period, as the case may be, at the rate per week of 20% of the appropriate ordinary normal time rate of pay prescribed by the Award for the classification in which the Employee was employed immediately before commencing the annual holiday, but shall not include Saturday, Sunday or public holiday loading for Twelve Hour Shift Workers, or any other allowances, penalty rates, shift allowances, or any other payments prescribed by the Award.

 

(e)        Where the employment of an Employee is terminated by the Company, for a clause other than misconduct and at the time of the termination the Employee has not been given and has not taken the whole of an annual holiday to which the Employee became entitled, the Employee shall not be paid a loading calculated in accordance with subclause (d) for the period not taken.  Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an Employees employment.

 

5.3        Public Holidays

 

(a)        New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day, Boxing Day and an additional days holiday (known as the Union's Picnic Day which will coincide with the Bluescope Picnic Day) to be observed pursuant to subclause (b) of this clause and any other day gazetted as a public holiday for the State shall be holidays for the purpose of the Award.

 

(b)        As noted above, an Employee shall be entitled to one additional day as a holiday in each calendar year known as the Unions Picnic Day.  This additional holiday shall be observed on the day mutually agreed between the Company and Employees.  The additional holiday is not cumulative and must be taken within each calendar year. This day shall coincide with Blue Scope

 

(c)        No deductions shall be made from the wages of’ Day Workers for the week in which any of the holidays, referred to in subclause (a) of this clause, fall.

 

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

 

(e)        For public holidays falling during a period of annual or long service leave, the following payments will apply.

 

5.4        Long Service Leave

 

Employees are entitled to long service leave in accordance with the Long Service Leave Act 1955 (NSW).

 

5.5        Parental Leave

 

Employees are entitled to Maternity, Paternity or Adoption Leave in accordance with the provisions of the Industrial Relations Act 1996 (NSW).

 

5.6        Sick Leave

 

5.6.1     An Employee who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or incapacity shall be entitled to be paid at ordinary time rates of pay which would have been payable had they attended for duty subject to the following:

 

i.          He/she shall not be entitled to be paid leave of absence for any period in respect of which he/she is entitled to workers’ compensation.

 

ii.         He/she shall notify the Company of his/her inability to attend for duty in accordance with Company procedures and, as far as possible, state the nature and estimated duration of the illness or incapacity.

 

5.6.2     The Company permits up to two (2) separate single day Sick Leave periods per calendar year without Medical Certificate, but a signed declaration by the Employee on the relevant Company Form.

 

5.6.3     In all other cases a Medical Certificate as proof of illness must be supplied within three (3) days of commencement of that illness.

 

5.6.4     Employees will be subject to the following Sick Leave entitlements:

 

(a)        Employees with less than one (1) year’s continuous service are entitled to five (5) days sick leave at ordinary time.

 

(b)       Employees with more than one (1) years’ but less than ten (10) years’ continuous service are entitled to eight (8) days sick leave at ordinary pay.

 

(c)        Employees with more than ten years service are entitled to ten (10) days sick leave at ordinary pay.

 

(d)       Employees are required to complete a qualifying period of three (3) months of continuous service with the Company in order to be entitled to paid sick leave.

 

5.7        Personal/Carer’s Leave

 

5.7.1     Employees may use of sick leave as follows:

 

(a)        An Employee, other than a Casual Employee, with responsibilities in relation to a class of person as set out in Sub-Paragraph (d) of this Clause who needs the Employee’s care and support shall be entitled to use, in accordance with this Sub-Clause, any current or accrued sick leave entitlement, provided for in Clause -5.6 (Sick Leave), for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)       The Employee shall, if required, establish, either by production of a medical certificate or Statutory Declaration, the illness of the person concerned and that the illness is such as to require care by the Employee.

 

(c)        In normal circumstances, an Employee must not take carer’s leave under this Sub-Clause where another person has taken leave to care for the same person.

 

(d)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

i.           The Employee being responsible for the care of the person concerned, and

 

ii.          The person concerned being:

 

1           A spouse of the Employee; or

 

2           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

 

3           A child or an adult child (including an adopted child, a step-child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the Employee; or spouse or de facto spouse of the Employee; or

 

4           A same-sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or

 

5           A relative of the Employee who is a member of the same household where, for the purposes of this paragraph:

 

(e)        For the purposes of subclause (d) of this Clause:

 

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 of the other; and

 

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

 

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

 

5.7.2     Sick Leave/ Careers Leave (Exhausted)

 

An Employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a member of a class of person (set out in subclause (d) of Clause 5.7.1 of the Award) who is ill.

 

5.8        Compassionate Leave

 

5.8.1     An Employee other than a Casual Employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph 5.8.3 below.

 

5.8.2     The Employee must notify the Company as soon as practicable of the intention to take bereavement leave and will, if required by the Company, provide to the satisfaction of the Company proof of death.

 

5.8.3     Bereavement leave shall be available to the Employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in Clause 5.7.1(d)(ii), provided that for the purpose of bereavement leave, the Employee need not have been responsible for the care of the person concerned.

 

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

 

5.9        Community Service

 

5.9.1     Jury Service

 

(a)        An Employee required to attend for jury service:

 

i.           During his/her ordinary hours; or

 

ii.          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 jury service, is not reasonably able to report for work on the night 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 this attendance for jury service and the ordinary time they would have worked had they not attended for jury service.

 

(b)       An Employee shall notify the Company as soon as possible of the date upon which he is required to attend for jury service. Further, the Employee shall provide the Company proof of his attendance, the duration of such attendance and the amount received in respect of such jury service.

 

5.9.2     Other Service

 

An Employee may request the Company to provide special leave due to community service emergencies eg; fire fighting, S.E.S., payable at loss of ordinary earnings only. Employees will be entitled to a maximum of eighty (80) hours in any year of such community service emergency leave.  Further, the Employee shall provide the company proof of his attendance, the duration of such attendance and any amount received in respect of such leave.

 

6.  Disciplinary Policy

 

6.1        Objectives of Discipline Policy

 

A clear and effective Discipline Policy is fundamental in achieving production efficiency, safety and sound industrial relations. Disciplinary action is only necessary in most circumstances where the initial counselling of an Employee has been unsuccessful. The Unions and the Company agree on the following disciplinary procedure to be applied in the event of an Employee’s unacceptable work performance or behaviour.

 

6.2        Employee’s Right to Have a Witness Present at an Interview.

 

Before commencing any disciplinary interview, the Employee must be advised of the purpose of the interview and may, if they wish, have a witness present at the interview. The person may be the Union Delegate or another Employee (provided they are available and can be released from the job). The Employee’s right to have a person of their choice is on the understanding that the attendance and involvement of that person should not unreasonably delay the interview. If English fluency or language is a problem, an interpreter may be offered.

 

6.3        Stages of Discipline

 

(a)        Stage 1: Verbal Warning

 

In this process the Supervisor or Manager verbally warns an Employee in respect of inappropriate behaviour. It should be indicated to the Employee:

 

1          What is expected and required of him/her;

 

2          Where and how he/she has failed to meet the standard required;

 

3          What he/she must do to reach the required standard;

 

4          What the consequences will be if he/she failed to improve to the required standard; and

 

5          Refer to the Employee’s right to have a witness.

 

(b)        Stage 2: First Written Warning

 

Where unacceptable work performance or behaviour continues or the Employee has displayed behaviour that in itself warrants an immediate written warning the Manager or Superintendent will issue a written warning in the following form:

 

1          What is expected and required of him/her;

 

2          Where and how he/she has failed to meet the standard required;

 

3          What he/she must do to reach the required standard;

 

4          What the consequences will be if he/she failed to improve to the required standard; and

 

5          Refer to the Employee’s right to have a witness.

 

In the event that there is no repetition of the same misdemeanour or misconduct for a period of six (6) months the warning will lapse.

 

(c)        Stage 3: Final Written Warning

 

Where unacceptable work performance or behaviour continues or the Employee has displayed behaviour that in itself warrants an immediate final written warning, the Manager or Superintendent will issue that warning in the following form.

 

1          What is expected and required of him/her;

 

2          Where and how he/she has failed to meet the standard required;

 

3          What he/she must do to reach the required standard;

 

4          What the consequences will be if he/she failed to improve to the required standard; and

 

5          Refer to the Employee’s right to have a witness.

 

The final written warning will be issued in the presence of a Union Organiser and/or Representative. In the event that there is no repetition of the same misdemeanour or misconduct for a period of twelve (12) months the warning will lapse.

 

6.4        Repetition of Misdemeanours After Lapse of Warnings.

 

(a)        In the case of an Employee whose first written warning has lapsed, where there is a repetition of the same misdemeanour or misconduct within a period of four (4) months, he/she will be placed back on a first written warning for six months.

 

(b)        In the case of an Employee whose final written warning has lapsed, where there is a repetition of any misdemeanour or any misconduct within a period of six (6) months, he/she will be placed back on a written warning for a further six (6) months.

 

(c)        Should there be occasions where an Employee through his/her action, indicates a failure to improve their performance and is abusing the warning system the situation will then be resolved through discussion between the Operations Manager, Union Representatives and the use of ongoing warnings will be reviewed.

 

6.5        Avoidance of Disputes

 

(a)        In the event there is a disagreement between the parties on what level of disciplinary action is required, the matter will be the subject to further discussion between the parties. Where the parties cannot reach agreement the matter will be referred to the NSW Industrial Relations Commission for resolution.

 

(b)        Both parties shall withhold any form of action until a decision is made by the Commission and both parties will abide by the decision.

 

6.6        Employee Assistance Scheme

 

If during any stages of the disciplinary procedure the company is of the view that an employee might need extra counselling or other professional support the management may offer an Employee some form of assistance.

 

7.  Training

 

7.1        Training Provisions

 

(a)        The Company has a commitment to provide training to develop Employees' skills and competencies and maintain those skills so Employees can carry out their duties.

 

(b)        Statutory training given off the job, outside normal working hours, will be paid at overtime rates of pay. Other training off the job, outside normal working hours, will be paid at single time rates of pay unless it involves productive work when it will be paid at overtime rates.

 

(c)        Employees will be trained in the skills which will be of maximum benefit to the team and needs of the Business.

 

(d)        An Employee will receive an additional payment for skills only when full accreditation for competency in the applicable level has been given.

 

(e)        The Teams training route is defined in Company Procedures.

 

(f)         Once deemed competent to a skill level Employees are required to operate to that skill level whenever there is a need. Multi-skilling is a condition of employment.

 

(g)        A company nominated Training Coordinator may operate equipment when demonstrating its application to an Employee in training.

 

(h)        Training periods are not to exceed 240 working hours or the period determined in the Training Module.

 

7.2        Payment for Training

 

7.2.1     Scope of Agreement - This agreement applies to Company authorised training to allow employees to:

 

7.2.2     Carry out the full range of duties of his or her current classification; and/or progress within the appropriate Employee Job Development model;

 

Provided that the employee’s attendance at authorised training has been approved by supervision after consideration of the employee’s and Company’s needs, including operational requirements.  Any refusal by supervision to grant such approval is subject to review under the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

 

This agreement does not apply to training, which is generally not associated with:

 

7.2.3     Allowing employees to carry out the full range of duties of his or her current classification; and/or

 

The appropriate Employee Job Development model, such as occupational health and safety committee training, trade union training, full time training (e.g. apprentices) or training such as that covered by the Approved Student and Cadet Schemes and University Degrees.

 

So far as is reasonably practicable, having regard to operational requirements and the need to minimise labour costs additional to those of the employee’s paid ordinary hours, an employee’s training will be done during the employee’s ordinary hours of work (including where appropriate by rescheduling those hours).

 

7.2.4     Payments - Where with the approval of the Company an employee attends training authorised by the Company, the employee’s attendance will be on the following basis:

 

7.2.5     TAFE and other externally provided training whether conducted on or off the plant:

 

(a)        During ordinary working hours - no deduction from the employee’s ordinary wages;

 

(b)       Outside ordinary working hours - attendance and payment at single time payment will be approved in accordance with the needs of the authorised training.  Generally this training will not exceed 6 hours per week except that additional training may be approved and single time payment will be made if exceptional training requirements exist.

 

7.2.6     Other classroom training:

 

(a)        During ordinary working hours - no deduction from the employee’s ordinary wage;

 

(b)       Outside ordinary working hours - single time payments.

 

7.2.7     Computer aided or computer based training during ordinary working hours - no deduction from the employee’s ordinary wage.

 

Computer aided or computer based training outside ordinary working hours - single time payment for the time spent training up to the maximum of the course duration as determined by the course designer or course coordinator.  No payment will be made for time beyond that duration.  Any refusal of payment is subject to review under the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

 

7.2.8     On-the-job training:

 

(a)        During ordinary working hours - no deduction from the employee’s ordinary wage;

 

(b)       Outside ordinary working hours - single time payment for the employee’s initial training period.  However, once the employee has completed the initial training period and commences experience training the appropriate award overtime rates of pay will apply.

 

For the purposes of 7.2.8(b) above:

 

"initial training" is the training which an employee undertakes to the point where the employee’s supervision is satisfied that the employee has acquired sufficient knowledge and understanding of a skill, task or function to perform that skill, task or function; and

 

"experience training" is the training, if applicable, following initial training during which an employee is gaining experience in the skill, task or function which is required for the purpose of accreditation.

 

7.3        Appraisals

 

I.          All Employees will be appraised on an annual basis to gather information on the aspirations and expectations of Employees and whether these are being satisfied.

 

II.         Performance appraisals will be used to determine a training, development and career path for those Employees who are seeking an opportunity to progress.

 

III.        Each Employee is to receive regular feedback from their Supervisor on their performance in the job. Review, appraisal and feedback are to be on both an informal and formal basis.

 

8.  Occupational Health and Safety

 

The Company and Employees are required to adhere to the requirements of the Occupational Health and Safety Act 2000 at all times.

 

8.1        Anti-Discrimination

 

i.           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.

 

ii.          It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by the 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.

 

iii.         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.

 

iv.        Nothing in this Clause is to be taken to affect:

 

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

 

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

 

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

 

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

 

(v)        his Clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this Clause.

 

NOTES -

 

(a)        Employers and Employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this 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."

 

9.  Dispute Settlement Procedures

 

The parties to this Award accept and agree to process and resolve claims, issues of dispute, areas of disagreement including grievances, conflicts and complaints, or any matter that arises between the Union and the Company according to the following procedures:

 

(a)        The parties undertake that when any such matter arises, the basic intention shall be to resolve such matters as quickly as possible by direct consultation and negotiation.

 

(b)        Work shall continue as normal and without interruption. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause

 

(c)        In the event that the matter exceeds the level of authority of the Operations Co-ordinator, or Employee and/or Employees' Representative is not satisfied with the decision, or progress, or wishes to appeal against the decision; the matter is to be placed before the Manager. The Manager shall fully familiarise himself with the matter and take all reasonable steps within the Manager's authority to resolve the matter to the satisfaction of both parties.

 

(d)        Should the matter remain unsolved, the appropriate Union official shall be invited to assist in the resolution of the matter.

 

(e)        In the event that the matter is not resolved, it is to be placed before the Executive Management of the Company for determination.

 

(f)         On order to expedite amicable settlement, the Company reserves the right to appoint an independent "facilitator" or "conciliator" to advise on a "fair and reasonable" resolution to satisfy both of the Parties concerned.

 

(g)        In the event that the matter cannot be resolved to the satisfaction of both Parties, the matter shall be referred to the Industrial Relations Commission of New South Wales by either party for resolution. 

 

(h)        Matters raised in relation to bona fide safety issues are to be investigated and corrected as quickly as possible in accordance with the Occupational Health and Safety Act.

 

10.  Essential Services Dispensation

 

10.1      Objectives of this Clause:

 

The parties understand that only by delivering Essential Services can the Company achieve the desirable benefit of customer satisfaction and as a result, ongoing security of employment. 

 

The obligations imposed by this Clause apply to all parties at all times, regardless of the reasons, the nature or the extent of, industrial action, other than serious safety or environmental issues affecting employees in Essential Service activities.

 

The obligations imposed by this Clause require that Employees covered by this Clause perform as directed the necessary work to continue to ensure that the Customers production is not affected.

 

10.2      BOS Operations

 

BOS Essential Services shall be defined as "all those activities necessary for, in or conjunction with, the handling and/or removal of Slag, debris and other products from the BOS sites, in a safe and environmentally compliant manner that does not impede upon BSL’s operations".

 

These activities include all the ISMS - BOS activities and handling of BOS material generated from the above operations and the management of incoming material storage.

 

The requirement is for one (1) operator per shift to be on site at all times.

 

Environmental requirements - Road Sweeper - As per EPA’s Environmental requirements.

 

Any new Contracts won by ISMS with BSL that includes the need to provide Essential Services, to be discussed between Management and the Union and should be added to this Award through exchange of letters.

 

10.3      Any new contracts won by the Company with BOS that includes the need to provide Essential Services, are to be discussed by Management and the Union, and should be added to the Award through exchange of letters.

 

11.  Payroll Deduction of Union Membership Fees

 

11.1      The Company shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

1           The employee has authorised the Company to make such deductions in accordance with subclause 11.2 herein;

 

2           The Union shall advise the employer of the amount to be deducted for each pay period applying at the Company’s workplace and any changes to that amount.

 

3           Deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

11.2      The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including a variation in that fee effected in accordance with the Union’s rules) that the Union advises the  Company to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the Company without first obtaining the employee’s consent to do so.  Such consent may form part of the written authorisation.

 

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

 

1           Where the Company has elected to remit on a weekly or fortnightly basis, the Company shall be entitled to retain up to 5 per cent of the money deducted; and

 

2           Where the Company has elected to remit on a monthly or quarterly basis, the Company shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

11.4      Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

11.5      The Union shall advise the Company of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Union shall give the Company a minimum of two month’s notice of any such change.

 

An employee may at any time revoke in writing an authorisation to the Company to make payroll deductions of Union membership fees.

 

Where an employee who is a member of the Union and who has authorised the Company to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of Union membership fees to cease.

 

 

 

J. P. GRAYSON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.