Port Waratah Coal Services Consent Enterprise (State) Award 1995

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

 

Application by The Seamen's Union of Australia, New South Wales Branch, Industrial Organisation of Employees.

 

(No. IRC 1253 of 2006)

 

 

VARIATION

 

1.          Delete the Arrangement of the award published 6 June 1997 (298 I.G. 1094), and insert in lieu thereof the following:

 

Arrangement

 

SECTION 1

 

1.1       Preliminary

1.1.1     Title

1.1.2     Area, Incidence and Parties Bound

1.1.3     Not to be Used as a Precedent

1.1.4     Supersedes All Previous Industrial Awards

 

SECTION 2

 

2.1       Intent

2.2       Objectives of Award

2.3       Continuous Improvement/Best Practice

2.3.1     Best Practice

2.4       Leadership - Team Based Structures

2.4.1     Management

2.4.2     Work Teams

2.5       Benchmarking

2.6       Productivity Measurement

2.7       Training

2.7.1     Introduction

2.7.2     Principles

2.7.3     Training and Development

2.7.4     Entry Level Training

2.7.5     System of Assessment

2.7.6     Career Paths

2.7.7     Training Committee

2.7.8     Trade Union Training

2.7.9     Apprentice Training

2.7.10   Skills Audit

2.7.11   Work Flexibility

2.7.12   Education Assistance

2.7.13   Higher Duties

2.8       Environmental

 

SECTION 3

 

3.1       Employment Details

3.1.1     Security of Employment

3.1.2     No Extra Claims

3.1.3     Definitions

3.1.4     Qualifications, Duties and Responsibilities

3.2       Terms and Conditions of Employment

3.2.1     Terms

3.2.2     Termination

3.2.3     Redundancy

3.2.4     Deduction Of Union Fees

3.2.5     Disputes Settlement Procedure

3.2.6     Anti-Discrimination

3.2.7     Secure Employment

3.3       Wages and Allowances

3.3.1     Wage Rates

3.3.2     Allowances

3.3.3     Superannuation

3.3.4     Payment of Wages

3.4       Hours of Work, Overtime

3.4.1     Day Work

3.4.2     Shift Work

3.4.3     Swapping Rostered Shifts

3.4.4     Overtime

3.4.5     Excess Hours

3.4.6     10-Hour Break

3.4.7     Callout

3.4.8     Meals

3.4.9     Refreshment Breaks

3.5       Statutory Holidays and Leave

3.5.1     Public Holidays

3.5.2     Union Picnic Day

3.5.3     Annual Leave

3.5.4     Long Service Leave

3.5.5     Sick Leave

3.5.6     Bereavement Leave

3.5.7     Jury Service

3.5.8     Parental Leave

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

3.5.10   Military Leave

3.5.11   Leave Without Pay

3.5.12   Emergency Services Leave

3.6       Miscellaneous Provisions

3.6.1     Occupational Health and Safety

3.6.2     Medical Examination

3.6.3     Accident Pay

3.6.4     Attendance at Repatriation Centres

3.6.5     First-aid

3.6.6     Safety Aids

3.6.7A  Uniforms and Protective Clothing

3.6.7B   Occupational Health and Safety

3.6.8     Anti-Discrimination/Equal Employment Opportunities

3.6.9     New Technology and Work Practice Change

3.6.10   Amenities

3.6.11   Employees' Tools

3.6.12   Investigation Teams

3.6.13   Internal Facilitators

3.6.14   Single Bargaining Unit (SBU)

3.6.15   Yard Committees - Union Delegates

3.6.16   Right of Entry of Officer of Industrial Organisation of Employees

 

SECTION 4

 

Table 1 - Allowances

 

Appendix 1 - Appendix to Award

Appendix 2 - Applicable Site and Side Agreements

 

2.          Renumber the clauses in the body of the award to reflect the new Arrangement.

 

3.          Insert after clause 3.2.6, Anti-discrimination, the following new clause:

 

3.2.7.  Secure Employment

 

(1)        Objective of this Clause

 

The objective of this clause is for PWCS to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in its workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

(2)        Casual Conversion

 

(a)        A casual employee engaged by PWCS on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(b)        PWCS shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months.  However, the employee retains his or her right of election under this subclause if PWCS fails to comply with this notice requirement.

 

(c)        Any casual employee who has a right to elect under paragraph 2(a), upon receiving notice under paragraph 2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to PWCS that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, PWCS shall consent to or refuse the election, but shall not unreasonably so refuse.  Where PWCS refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement.  Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)        Any casual employee who does not, within four weeks of receiving written notice from PWCS, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)        Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with PWCS.

 

(f)         If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (c), PWCS and employee shall, in accordance with this paragraph, and subject to paragraph (c) discuss and agree upon:

 

(i)         whether the employee will convert to full-time or part-time employment; and

 

(ii)        if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a  part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(g)        Following an agreement being reached pursuant to paragraph (f), the employee shall convert to full-time or part-time employment.  If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(h)        An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

4.          Insert after clause 3.6.7A, Uniforms and Protective Equipment, the following new clause:

 

3.6.7B.  Occupational Health and Safety Issues Arising from the Secure Employment Test Case

 

(1)        For the purposes of this subclause, the following definitions shall apply:

 

(a)        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to PWCS for the purpose of such staff performing work or services for PWCS.

 

(b)        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by PWCS to provide a specified service or services or to produce a specific outcome or result for PWCS which might otherwise have been carried out by PWCS’ own employees.

 

(2)        If PWCS engages a labour hire business and/or a contract business to perform work wholly or partially on its premises, it shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(a)        consult with employees of the labour hire business and/or contract business regarding its workplace occupational health and safety consultative arrangements;

 

(b)        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(c)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that are relevant to the services they provide and that they would otherwise supply to their own employees; and

 

(d)        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(3)        Nothing in this subclause is intended to affect or detract from any obligation or responsibility upon a labour hire business and/or contract business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(4)        Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(5)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

5.          This variation shall take effect from 10 March 2006.

 

 

 

F. L. WRIGHT  J, President.

M. J. WALTON  J, Vice-President.

R. W. HARRISON  D.P.

W. R. HAYLEN  J.

I. TABBAA, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.