BEFORE THE INDUSTRIAL RELATIONS COMMISSION
Vol. 333, Part 4 24 May 2002 Pages 724 – 931
[pic]NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 333, Part 4 24 May 2002
Pages 724 - 931
Page
Awards and Determinations
Awards Made or Varied
|Bega Employees' 2001 Reviewed Enterprise |(OIRC) |919 |
|Building Employees Mixed Industries (State) |(ERR) |920 |
| |(ERR) |921 |
|Butcher's Wholesale (Newcastle and Northern) |(VSW) |909 |
|Butter & Cheese and Other Dairy Products (Newcastle and Northern) |(VSW) |906 |
|Clerical and Administrative Employees in Temporary Employment Services (State) |(VIRC) |908 |
|CSR Limited Trading As The Readymix Group Penrith Transport Workshop No.3 (State) Award |(AIRC) |744 |
|2001 | | |
|CSR Ltd Trading As The Readymix Group Sydney Quarries No.3 (State) Award 1998 |(RIRC) |896 |
|Elura Mines Enterprise (Consent) Award 1999 |(RIRC) |783 |
|Jacksons Landing Project |(RIRC) |867 |
|Lidcombe Castlereagh Waste Management Centre Enterprise Award 1997 |(RIRC) |821 |
|Macquarie Centre Expansion Stage 1 Project Consent Award 1998 |(RIRC) |882 |
|Port Macquarie Base Hospital Professional Staff (State) Award, The |(RIRC) |753 |
|Tasman Insulation Australia Pty Ltd (Enterprise) Award 2001 |(RIRC) |801 |
|Taxi Industry (Contract Drivers) Contract Determination, 1984 |(VCD) |904 |
|Transport Industry - General Carriers Contract Determination |(VCD) |913 |
|Ulan Coal Delivery Facility Consent Award 2001 |(AIRC) |724 |
|155 Macquarie Street Project |(RIRC) |852 |
|Enterprise Agreements Approved by the Industrial Relations Commission | |922 |
|Contract Agreements Approved by the Industrial Relations Commission | |926 |
|(1362) |SERIAL C1142 |
ULAN COAL DELIVERY FACILITY CONSENT AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Ulan Coal Mines Limited for a new award.
(Nos. IRC 6828 and 6830 of 2001)
|Before The Honourable Mr Deputy President Harrison |7 and 12 November 2001 |
AWARD
Arrangement
Index
Clause No. Subject Matter
A1. Application
A2. Period of Operation
A3. No Extra Claims Commitment
A4. Intent
A5. Structural Efficiency
B1. Total Rates
B2. Additional Allowance
B3. Increases
B4. Apprentice Rates of Pay
B5. Mixed Functions
C1. Contract of Employment
C2. Termination of Employment
C3. Hours of Work
C4. Meal Breaks
C5. Shift Work
C6. Overtime
C7. Payment of Wages
C8. Public Holidays
C9. Sick Leave
C9A State Personal/Carer’s Leave Case - August 1996
C10. Annual Leave
C11. Bereavement Leave
C12. Jury Service
D1. Time and Wages Book
D2. Right of Entry
D3. Settlement of Dispute Procedure
D3A. Anti-Discrimination
D4. First-aid
D5. Redundancy
D6. Definitions
A1. Application
This award applies to employees engaged in the operation and maintenance of the Ulan Coal Mines Ltd Coal Delivery Facility at Eraring Power Station, New South Wales.
A2. Period of Operation
This award rescinds and replaces the Ulan Coal Mines Ltd Coal Delivery Facility Consent Consolidated Award published 2 July 1999 and reviewed 19 April 2002 (332 I.G. 1171). This award will operate for a period of three years to effect on and from 7 November 2001.
A3. No Extra Claims Commitment
It is a term of this award that the union undertakes, for the duration of the award, not to pursue any extra claims during its term of operation.
A4. Intent
The award shall regulate totally the terms and conditions of employment previously regulated by the Metal and Engineering Industry (New South Wales) Interim Award and the Ulan Coal Mines Limited Coal Delivery Facility Consent Consolidated Award.
A5. Structural Efficiency
The employer may direct an employee to carry out such duties as are within the limits of the employees skills, competence and training consistent with the classification structure of this award, provided that such duties are not designed to promote deskilling. Any direction by the employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment. The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the facility and to enhance the career opportunities and job security of employees.
B1. Total Rates
(a) The "total rate" payable, for individual classifications, comprehends all award entitlements including, but without limiting the generality to, payments for travelling time, travelling allowances and fares, excess fares, special rates (such as space, height and dirt money), etc., irregularity of work, industry or special allowance, follow-the-job loadings, compensation for travel patterns, mobility, isolation, etc., allowances, and any other similar or like payment but excludes those payments contained in clause B2. "Total rates" are based on a weekly rate of pay of 38 hours for ordinary time worked and are expressed as an hourly rate of pay to be paid for all purposes for time actually worked.
(b)
|Classifications |Total Rate Per Week ($) |
|Plant Technician |632.70 |
|Tradesperson |609.75 |
|Utility Person |576.75 |
B2. Additional Allowance
The following allowance will be paid in addition to the "total rate", where applicable:
Tool Allowance:
(a) A tradesperson shall be paid an allowance of $9.80 per week for supplying and maintaining tools ordinarily required in the performance of his/her work as a tradesperson.
(b) Notwithstanding subclause (a) above, the employer shall provide all necessary power tools, special purpose tools and precision measuring instruments.
(c) An employee shall replace or pay for any tools supplied by his/her employer if lost through negligence.
B3. Increases
The rates of pay provided in clause B1 (b) should be increased by an amount of 4 percent on the first anniversary of the making of this award and increased by a further 4 percent on the second anniversary of the making of this award. There shall be no other increases in rates of pay or allowances during the nominal term of this Award.
B4. Apprentice Rates of Pay
The "total rate" applicable to apprentices shall be the following percentages of the trade classification:
|1st year |42% |
|2nd year |55% |
|3rd year |75% |
|4th year |88% |
B5. Mixed Functions
An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift. If engaged for two hours or less during one day or shift, he/she shall be paid the higher rate for the time so worked.
C1. Contract of Employment
(a) Weekly Contract of Employment: All employees not specifically engaged pursuant to subclause (c) of this clause shall be deemed to be employed by the week.
(b) Part-time Employment:
(i) An employee may be engaged to work on a part-time basis for a constant number of hours which, having regard to the various ways of arranging ordinary hours, shall average less than 38 hours per week.
(ii) An employee shall be paid 1/38 of the weekly rate prescribed by clause B1 (b) for the classification in which the employee is engaged for each hour worked.
(iii) An employee engaged on a part-time basis shall be entitled to payments in respect of annual leave, public holidays and sick leave arising under this award on a proportionate basis, calculated as follows:
(1) Annual Leave: Subject to the provisions of clause C10: Where the employee has completed 12 months continuous service - four weeks leave at the number of ordinary hours which would otherwise have been worked during the period of leave.
Where the employee is entitled to pro rata leave on termination or at a close down in accordance with this award, the employee shall receive 2.923 hours paid at the appropriate rate of wage for each 38 ordinary hours worked.
(2) Public Holidays: Where the normal paid hours fall on a public holiday and the employee is not required for work, the employee shall not lose pay for the day. Where the employee works on the holiday, the employee shall be paid in accordance with clause C8.
(3) Sick Leave: Subject to clause C9: First Year of Employment - During the first year of any period of service with the employer, the employee shall be entitled to sick leave of up to 7.6 hours for each completed month of service during the first ten months of employment, based upon the number of hours that the employee would normally work each day.
Second or Subsequent Years of Employment - During the second or subsequent years of any period of service with the employer, the employee shall be entitled to paid sick leave of up to 76 hours duration, based upon the number of hours that the employee normally works each day multiplied by ten.
(4) Bereavement Leave: An employee shall be entitled to bereavement leave without loss of ordinary pay on either or both of the two working days immediately following the death of a close relative (as stipulated in clause C11), if the employee would ordinarily be required to work on those days.
(iv) Overtime: A part-time employee who works in excess of the hours fixed under the Contract of Employment shall be paid overtime in accordance with clause C6.
(c) Casual Employment: A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid per hour 1/38 of the weekly wage prescribed for the work which the employee performs, plus a 20 per cent loading, which shall be in lieu of all leave.
(d) Time Keeping: Late Comers: Notwithstanding anything elsewhere contained in this award, the employer may select and utilise for time keeping purposes any fractional or decimal proportion of an hour (not exceeding six minutes) and may apply this proportion in the calculation of the working time of employees. The employer who adopts a proportion for this purpose shall apply the same proportion for the calculation of overtime.
(e) Absence from Duty: An employee not attending for duty as required shall lose pay for the actual time of the non-attendance.
(f) Standing Down of Employees: The employer may deduct payment for any day upon which an employee cannot be usefully employed because of any strike or by the employee s participation in any strike, or because of any stoppages of work for any cause, including the breakdown of machinery or failure or lack of power, for which cause the employer is not responsible.
C2. Termination of Employment
(a) Other than for casual employees, a minimum of one week's notice of termination of employment shall be given by either party, or one week's pay shall be forfeited by the employee. Notice of termination of employment by the employer, or pay in lieu thereof, shall be on the following bases:
|Period of Continuous Service |Notice |
|1 year or less |1 week |
|1 year and up to the completion of 3 years |2 weeks |
|3 years and up to the completion of 5 years |3 weeks |
|5 years and over |4 weeks |
(b) If an employee fails to give notice, the employer shall have the right to withhold monies due to the employee, with a maximum amount equal to the all-purpose rate of pay for the period of notice.
(c) Nothing in this clause shall affect the right of the employer to dismiss an employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty and, in such cases, the wages shall be paid up to the time of dismissal only.
(d)
(i) Termination of employment by the employer shall not be harsh, unjust or unreasonable.
(ii) For the purposes of this clause, termination of employment shall include termination with or without notice.
(iii) Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.
(e) An employee who is absent from work for a continuous period of five working days without the consent of the employer and without notification to the employer with a reasonable explanation shall be deemed to have abandoned his/her employment.
C3. Hours of Work
(a) Day Workers: The ordinary hours of work shall be an average of 38 per week over a period of four weeks or 28 consecutive days.
The ordinary hours or work prescribed herein may be worked between 6.00 a.m. and 6.00 p.m. on any or all of the days of the week, Monday to Friday, or varied as provided for under (b), Variation of Hours.
(b) Variation of Hours: The ordinary hours of work once determined may be varied by agreement between the employer and the employees concerned to suit the circumstances of the facility or, in the absence of agreement, by one week s notice of alteration given by the employer to the employees concerned.
Provided, further, that work done prior to or at the end of the spread of hours fixed in accordance with this subclause for which overtime rates would otherwise be payable shall be deemed, for the purposes of this subclause, to be part of the ordinary hours of work.
(c) The ordinary hours of work prescribed herein shall not exceed 12 hours on any one day.
(d)
(i) Ordinary hours of work shall be an average of 38 per week as provided for in subclause (a).
(ii) The method of implementation of the 38-hour week may be one of the following:
(1) by employees working less than eight ordinary hours each day; or
(2) by employees working less than eight ordinary hours on one or more days each week;
(3) by rostering employees off on various days of the week during a particular work cycle so that each employee has one work day off during that cycle; or
(4) by fixing one weekday on which all employees will be off during a particular work cycle.
(5) Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees.
(e) Rostered Days Off: For each day an employee works eight ordinary hours, the employee accrues the first 24 minutes (0.4 hour) as an entitlement to take the nominated rostered day off (as provided in (3) and (4) above) as a day of paid leave as though the employee had worked.
(i) Notice of Days Off: The employer and employees shall determine a list of rostered days off to be taken by employees, which shall not be altered unless agreed to with employees.
(ii) Substitute Days:
(a) The employer may substitute the day an employee is to take off for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of some other emergency or unforeseen situation.
(b) An individual employee, with the agreement of the employer, may substitute the day to take off for another day.
(iii) Accrual of Rostered Days Off: Rostered days off may be accrued up to a maximum of five days by agreement of the parties.
(iv) Public Holidays: Where such rostered day off falls on a public holiday the next working day shall be taken in lieu.
(v) Paid Leave (e.g., annual, sick, long service, bereavement, public holiday, jury service, or workers compensation) Leave taken and paid for during the cycle of four weeks shall be regarded as a day worked for accrual purposes and, in the case of actual days worked, the first 24 minutes (0.4 hour) shall be the designated accrual.
(vi) Pro Rata Accruals: Except as provided for by the paid leave provision above, employees not working a complete 19- day four-week cycle shall receive pro rata accrued entitlements for each day worked, payable for the programmed day off or, in the case of termination of employment, on termination.
(vii) Apprentices: Apprentices who attend technical college courses in accordance with their conditions of employment on a prescribed rostered day off shall, by arrangement with their employer, be afforded the following Friday or Monday as an alternative rostered day off.
(viii) Annual Leave: Where annual leave is granted and taken and such period covers an entire four-week cycle, then the employee affected shall be paid one day s additional pay for the rostered day off occurring within the leave period. The employee shall not be entitled to an extra day s holiday.
C4. Meal Breaks
(a) An employee shall not be required to work for more than six hours without a break for a meal, consisting of a 30-minute unpaid cessation of working time, subject to the following:
(b) The time of taking the scheduled meal break by employees may be altered by the employer if it is necessary to do so in order to meet a requirement for continuity of operations.
(c) The employer may stagger the time of taking the meal break to meet operational requirements.
(d) Employees shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant, which can only be done while such plant is idle.
C5. Shift Work
(a) Definitions - For the purpose of this clause:
"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.
(b) Hours: The ordinary hours of shift workers shall average 38 per week. A roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period, which exceeds 28 consecutive days.
The ordinary hours shall be worked continuously except for the meal break as prescribed in clause C4.
The ordinary hours of work prescribed herein shall not exceed 12 on any one day.
(c) Shift Variations: The time of commencing and finishing shifts may be varied by agreement between the employer and the employees concerned to suit the circumstances of the establishment or, in the absence of agreement, by 48 hours notice of alteration given by the employer to the employees.
(d) Afternoon or Night Shift Allowances:
(i) A shift worker whilst on afternoon or night shift shall be paid for such shift 15 per cent more than the total all- purpose rate.
(ii) An employee who:
(a) during a period of engagement on shift works night shift only; or
(b) remains on night shift for a longer period than four consecutive weeks; or
(c) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least 1/3 of his/her working time off night shift in each shift cycle,
shall, during the shift cycle, be paid 30 per cent more than the employee s ordinary rate for all time worked during ordinary working hours on such night shift.
(e) Saturday Shifts: The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (d) hereof.
(f) Overtime: Shift workers, for all time worked in excess of or outside the ordinary hours prescribed by this award or on a shift other than a rostered shift, shall:
(i) be paid at the rate of time and a half for the first two hours and double time thereafter, except in each case when the time is worked:
(a) for the purpose of effecting the customary rotation of shift; or
(b) on a shift or part thereof to which an employee is transferred on short notice by the employer to meet a requirement for continuity of operations.
(ii) Requirement to Work Reasonable Overtime: The employer may require any employee to work reasonable overtime at overtime rates and the employee shall work overtime in accordance with this requirement.
(g) Sundays and Holidays: Shift workers who are required to work on a Sunday or public holiday shall be paid at the rates prescribed by clauses C6 and C8 respectively.
Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time 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 the Sunday or holiday.
Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.
(h) Daylight Saving: Notwithstanding anything contained elsewhere in this award, in any area where, by reason of legislation of the State of New South Wales, summer time is prescribed as being in advance of the standard time of the State of New South Wales, the presented length of any shift:
(i) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
(ii) commencing on or before the time prescribed by such legislation for the termination of a summer time period,
shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant New South Wales State legislation.
In this subclause the expressions "standard time" and "summer time" shall bear the same meanings as are prescribed by the relevant New South Wales State legislation.
C6. Overtime
(a) Payment for Working Overtime:
(i) For all hours (other than shift work) worked outside the ordinary hours of work, the rates of pay shall be time and a half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.
Except as provided in this paragraph or paragraph (iii) hereof, in computing overtime each day s work shall stand alone.
For the purposes of this clause, ordinary hours shall mean the hours fixed in accordance with clause C3.
The hourly rate, when computing overtime, shall be determined by dividing the appropriate weekly rate by 38.
(ii) Requirement to Work Reasonable Overtime: The employer may require any employee to work reasonable overtime at overtime rates and the employee shall work overtime in accordance with this requirement.
(iii) Rest Period After Overtime: When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
(iv) Call Back: An employee recalled to work overtime after leaving the facility (whether notified before or after leaving the facility) shall be paid pursuant to paragraph (i) hereof.
Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of paragraph (iii) hereof when the actual time worked is less than three hours on such recall or on each of such recalls.
(v) Crib Time: An employee required to work overtime for two hours or more shall be allowed a crib time of 20 minutes in duration without deduction of pay, immediately after ceasing ordinary working hours. After each four hours of continuous overtime worked, the employee shall be allowed to take a crib break of 20 minutes in duration without deduction of pay. In the event of an employee continuing to work overtime for a period of two hours or more without taking a crib break, the employee shall be regarded as having worked 20 minutes more than the time worked and be paid accordingly.
(vi) Standing By: An employee required to stand by in readiness to work after ordinary hours shall, until released, be paid standing-by time of 20 per cent of the employee s ordinary rate from the time that the employee is required to stand by in readiness. An employee may be issued with and required to carry an electronic paging device at all times.
(b) Working Saturdays and Sundays:
(i) All time worked on Sundays shall be paid for at the rate of double time.
(ii) An employee working overtime on a Saturday or overtime on a Sunday shall be allowed a paid crib break of 20 minutes after four hours worked, to be paid for at ordinary rates of pay. In the event of an employee being required to work in excess of a further four hours, the employee shall be allowed a further paid crib break of 20 minutes, which shall be paid for at the ordinary rate of pay.
C7. Payment of Wages
(a) Payment by Electronic Transfer: Payment of wages may be by electronic transfer, which shall be at the employer s discretion.
(b) Pay Details: Full particulars of details of payments shall be provided to each employee on or prior to the recognised pay day and shall contain the following information:
(i) Date of payment.
(ii) Period covered by such payment.
(iii) The amount of wages paid for work at ordinary rates.
(iv) The number of hours paid at overtime rates and the amount paid.
(v) The amount of allowances paid and the nature thereof.
(vi) The gross amount of wages and allowances paid.
(vii) The amount of each deduction made and the nature thereof.
(viii) The net amount of wages and allowances paid.
(ix) The annual holiday payments.
(c) Payment on Termination: When notice is given of termination, all monies due to the employee shall be paid at the time of termination.
Where this is not practicable as a result of summary dismissal, the employer shall have two working days to forward monies due by registered post.
C8. Public Holidays
(a) An employee, other than a casual employee, shall be entitled to the following holidays without deduction of pay. If any other day is granted by a New South Wales Act of Parliament or State proclamation in substitution for any of the said holidays, the day so substituted shall be observed: New Year s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen s Birthday, Labour Day, Christmas Day, Boxing Day and Picnic Day.
(b) All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof, shall be paid for at the rate of double time and a half.
(c) The provisions of clause C6, Overtime, shall apply in respect of work on a holiday.
(d) Provided that the employee has worked the working day immediately before and the working day immediately after such a holiday or is absent with the permission of the employer or is absent with reasonable cause. Absence arising by termination of employment by the employee shall not be reasonable cause.
(e) Picnic Day Definition - The picnic day as prescribed in subclause (a) hereof shall be taken in lieu of award prescriptions relating to picnic days or additional award public holidays. The date of such picnic day is to be determined by agreement at the commencement of each year.
C9. Sick Leave
An employee, other than a casual, who is absent from work on account of personal illness or injury, other than that covered by workers compensation, shall be entitled to leave of absence without deduction of pay, provided that:
(a) Within 24 hours of the commencement of the absence, the employee shall inform the employer of the inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.
(b) The employee shall prove to the satisfaction of the employer the inability on account of illness or injury to attend for duty on the day or days for which sick leave is claimed.
(c) An employee during the first year of employment with the employer shall be entitled to sick leave entitlement at the rate of one day at the completion of each of the first 10 calendar months or the first year of employment.
Provided that in cases where the work is normally more than eight ordinary hours in any day, there shall be no entitlement to leave in excess of 80 hours.
An employee who has completed one year of continuous employment shall be credited with a further ten days or 80 hours sick leave entitlement at the beginning of the second and each subsequent year, which shall commence on the anniversary of engagement.
(d) An employee who claims paid sick leave for an absence of one day only shall not be paid for the sick leave if the employee has been allowed paid sick leave on two occasions for one day only, unless the employee produces to the employer a certificate from a duly qualified medical practitioner stating that, in the medical practitioner s opinion, the employee was unable to attend for duty on account of personal illness or injury. Nothing in this subclause shall limit the employer s rights under subclause (b).
(e) Unused sick leave provided in subclause (c) above shall accumulate from year to year.
C9A. State Personal/Carer's Leave Case - August 1996
(1) Use of Sick Leave:
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person as set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause C9, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(A) a spouse of the employee; or
(B) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(C) a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(D) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(E) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer 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.
(2) Unpaid Leave for Family Purpose:
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person as set out in subparagraph (ii) of paragraph (c) of subclause (1) of this clause, who is ill.
(3) Annual Leave:
(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.
(4) Time Off in Lieu of Payment for Overtime:
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(5) Make-up Time:
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate, which would have been applicable to the hours taken off.
(6) Rostered Days Off:
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.
C10. Annual Leave
For all Employees other than Casuals:
(a)
(i) Period of Leave: A period of 28 consecutive days leave, including non-working days, shall be allowed annually to an employee after 12 months continuous service (less the period of annual leave) for the purpose of annual leave. An employee shall accrue annual leave at a rate of 2.923 hours for each 38 ordinary working hours worked.
(ii) Seven-day Shift Workers: In addition to leave provided in (i) above, seven-day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed an additional seven consecutive days leave, including non-working days.
Where an employee with 12 months continuous service is only engaged for part of the 12-month period as a seven-day shift worker, the employee shall be granted, pro rata, one half day for each completed month worked on the seven-day shift.
(b) Annual Leave Exclusive of Public Holidays: Subject to this subclause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause C8, Public Holidays. If any such holiday falls within an employee s period of annual leave and is observed on a day that the employee would have ordinarily worked, the employee shall be granted an additional day as annual leave.
Where a holiday falls as stated above and the employee fails, without reasonable cause (proof whereof shall be upon him/her) to attend for work at his/her ordinary starting time on the working day immediately prior to the first day and immediately following the last day of the period of the annual leave, the employee shall not be entitled to be paid for any such holiday.
(c) Broken Leave: Annual leave shall be given and taken by agreement between the employer and the employee. Annual leave is normally taken in more than one period and, as such, the employer and employee will use their best endeavours to ensure that one of the periods is of at least 21 consecutive days, including non-working days.
The timing and taking of the employee s leave shall, at all times, be by agreement between the employer and an employee.
(d) Calculation of Continuous Service: For the purpose of this clause service shall be deemed to be continuous, notwithstanding:
(i) any interruption or determination of the employment by the employer if such interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;
(ii) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or
(iii) any absence with reasonable cause, proof whereof shall be upon the employee.
To be eligible for paid sick leave in cases of personal sickness or accident or absence with reasonable cause, the employee shall inform the employer within 24 hours of the commencement of the absence of the inability to attend for duty and, as far as practicable, the nature of the illness, injury or cause and the estimated duration of his/her absence.
Broken Service: Where an employee breaks continuity of service by an absence from work for any reason other than a reason set out in paragraphs (i), (ii) and (iii) hereof, the amount of leave to which the employee would have been entitled under subclause (a) shall be reduced by 1/48 for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which the employee would have been entitled under subclause (k) shall be reduced by 1/12 of a week s pay for each week or part thereof during which any such absence occurs.
Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the employee in writing of the intention to do so within 14 days of the termination of the absence.
In calculating the period of 12 months continuous service, the following absences shall be taken into account and counted as time worked:
up to 152 ordinary hours in a 12-month period in the case of sickness or accident;
long service leave actually taken by an employee;
injury received during the course of employment and up to a maximum of 52 weeks for which he/she received workers compensation.
Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of 12 months continuous service.
Provided that for the purpose of this clause in calculating continuous service for periods of less than 12 months, such absences due to sickness or accident shall be taken into account and counted as time worked on a pro rata basis of 152 ordinary working hours for 12 months service.
(e) Calculation of Service: The period of annual leave to be allowed under this subclause shall be calculated to the nearest day, any broken part of a day in the result not exceeding half a day to be disregarded.
Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer s predecessor at the time when he/she became such successor or assignee or transmittee the employee, in respect of the period during which he/she was in the service of the predecessor, shall, for the purpose of this clause, be deemed to be in the service of the employer.
(f) Leave to be taken: The annual leave provided by this clause shall be allowed and shall be taken and, except as provided by subclauses (k) and (l) hereof, payment shall not be made or accepted in lieu of annual leave.
(g) Time of Taking Leave: Annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave accrued and after not less than four weeks notice to the employee.
Provided that by agreement between the employer and employee, annual leave may be taken at the time within a period of 12 months from the date at which it falls due and with less than four weeks notice to the employee.
(h) Leave Allowed Before Due Date:
(i) The employer may allow an employee to take annual leave either wholly or partly in advance before the right thereto has accrued due. In such cases, a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part thereof had been taken before it accrued.
(ii) Where annual leave or part thereof has been granted pursuant to paragraph (i) hereof before the right thereto has accrued due, and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months continuous service in respect of which the leave was granted, and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause (k) hereof, the employer shall not be liable to make any payment to the employee under subclause (k) hereof, and shall be entitled to deduct the amount of excess from any remuneration payable to the employee under the termination of employment.
(i) Payment for Period of Annual Leave: Subject to the provisions of Subclauses (l) and (m) hereof, each employee before going on leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period, provided that payment for the period specified shall not exceed 152 ordinary hours.
(j) Loading on Annual Leave: During a period of annual leave, each employee shall receive an annual leave loading equal to 17.5 per cent of the employee s ordinary rate of pay for the period of time taken as leave.
The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(k) Proportionate Leave on Termination - An employee who:
(i) after one week's continuous service in his/her first qualifying 12-month period with an employer, lawfully leaves the employment of the employer or his/her employment is terminated by the employer through no fault of the employee; or
(ii) after 12 months continuous service with an employer leaves the employment of the employer or his/her employment is terminated by the employer for any reason, shall be paid for 2.923 hours for each 38 ordinary hours worked and in respect of whichever had not been granted under this clause at the appropriate rate of wage calculated in accordance with subclause (i) hereof.
(l) Annual Close Down: Where the employer closes down the facility or a section or sections thereof for the purposes of allowing annual leave to all or the bulk of the employees at the facility, or section or sections concerned, the following provisions shall apply:
(i) The employer may, by giving not less than four weeks notice of his/her intention so to do, stand off for the duration of the close down all employees at the facility, or section or sections concerned, and allow to those who are not then qualified for a full entitlement to annual leave for 12 months continuous service, pursuant to subclause (a) hereof, paid leave on a proportionate basis at the appropriate rate of wage as prescribed in subclauses (i) and (j) hereof for 2.923 hours for each 38 ordinary hours worked.
(ii) An employee who has then qualified for a full entitlement to annual leave for 12 months continuous service pursuant to subclause (a) hereof, and has also completed a further week or more of continuous service, shall be allowed his/her leave and shall, subject to subclause (f) hereof, also be paid at the appropriate rate of wage as prescribed by subclauses (i) and (j) hereof for 2.923 hours for each 38 ordinary hours worked since the close of his/her last 12-month qualifying period.
(iii) The next 12-month qualifying period for each employee affected by such close down shall commence from the day on which the facility, or section or sections concerned, is reopened for work. Provided that all time during which an employee is stood off without pay for the purposes of this subclause shall be deemed to be time of service in the next 12-month qualifying period.
(iv) If in the first year of service with an employer an employee is allowed proportionate annual leave under paragraph (i) hereof, and subsequently within such year lawfully leaves his/her employment or his/her employment is terminated by the employer through no fault of the employee, he/she shall be entitled to the benefit of subclause (k) hereof, subject to adjustment for any proportionate leave which he/she may have been allowed as aforesaid.
(v) The employer may close down the facility for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down the facility in two separate periods, one of those periods shall be for a period of at least 21 consecutive days, including non-working days.
Provided that where the employees in the facility or section or sections concerned agree, the employer may close down the facility in accordance with this subclause in two separate periods neither of which is of at least 21 consecutive days, including non-working days, or in three separate periods. In such cases, the employer shall advise the employees concerned of the proposed dates of each close down before asking them for their agreement.
(m) Part Close Down and Part Rostered Leave:
(i) The employer may close down the facility, or a section or sections thereof, for a period of at least 21 consecutive days, including non-working days, and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster.
(ii) The employer may close down the facility, or a section or sections thereof, for a period of less than 21 consecutive days, including non-working days, and allow the balance of the annual leave due to an employee in one or two continuous periods, either of which may be in accordance with a roster. In such case, the granting and taking of annual leave shall be subject to the agreement of the employer and the employees in the facility, or a section or sections thereof respectively and, before asking the employees concerned for their agreement, the employer shall advise them of the proposed date of the close down or close downs and the details of the annual leave roster.
C11. Bereavement Leave
(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral (or, where necessary because of travel arrangements, the day of the funeral), on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause.
(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
(iii) 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 as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause C9A, State Personal/Carer's Leave Case - August 1996, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(iv) 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.
(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause C9A. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
(Note: Clause C11 varied with effect on and from 10 December 1998)
C12. Jury Service
An employee required to attend for jury service, and who is therefore unable to attend for ordinary working hours, shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for jury service and the amount of wage that would have been received in respect of the ordinary time he/she would have worked had he/she not been on jury service.
An employee shall notify the employer as soon as practicable of the date upon which he/she is required to attend for jury service, and shall provide the employer with proof of this attendance, the duration of such attendance and the amount received in respect thereof.
D1. Time and Wages Book
(a) The employer shall keep a record from which can be readily ascertained the name of each employee and his/her occupation, the hours worked each day and the wages and allowances paid each pay period.
(b) The time occupied by an employee in filling in any time record or cards or in the making of records shall be treated as time of duty, but this does not apply to checking in or out when entering or leaving the facility.
(c) The time and wages record shall be open for inspection by a duly accredited union official during the usual office hours at the employer s office or other convenient place. Provided that an inspection shall not be demanded unless the Secretary of the union or the District Secretary or organiser of any division suspects that a breach of this award has been committed, such breach to be nominated to the employer.
(d) The official making such inspection shall be entitled to take a copy of entries in a time and wages record relating to the suspected breach of this award.
D2. Right of Entry
(a) Interviewing Employees: For the purpose of interviewing employees on legitimate union business, a duly accredited union representative shall have the right to enter the employer s premises during the midday meal break on the following conditions:
(i) that he/she produces his/her authority to the gatekeeper or such other person as may be appointed by the employer;
(ii) that he/she interviews employees at places where they are taking their meals or at such other places as are mutually agreed;
(iii) that if the employer alleges that a representative is unduly interfering with his/her work or is creating dissatisfaction amongst his/her employees or is offensive in his/her methods or is committing a breach of any of the previous conditions, the employer may refuse the right of entry, but the representative shall have the right to bring such refusal before a member of the Industrial Relations Commission of New South Wales.
(b) Investigating Complaints: For the purpose of investigating complaints concerning the application of this award, a duly accredited union representative shall be afforded reasonable facilities for entering the employer s premises during working hours, subject to the following conditions:
(i) that he/she discloses to the employer or his/her representative the complaint which he/she desires to investigate;
(ii) that he/she makes his/her investigations in the presence of the employer or his/her representative (if the employer so desires);
(iii) that he/she does not interfere with work proceeding in the premises;
(iv) that he/she conducts himself/herself properly.
(c) A representative of the union shall be a duly accredited representative if he/she is the holder of a form being a certificate signed by the General Secretary of that organisation and bearing the seal of that organisation in the following form, or in a form not materially differing there from:
Name of Organisation:
This is to certify that:
is a duly accredited representative of the above named organisation for all purposes of this award made under the Industrial Relations Act 1996.
(Seal) General Secretary
Specimen Signature of Holder Strictly Not Transferable
D3. Settlement of Dispute Procedure
(a) Where an employee or the delegate has submitted a request concerning a matter directly connected with employment to a foreman or a more senior representative of management and that request has been refused, the employee may, if he/she so desires, ask the delegate to submit the matter to Management and the matter shall then be submitted by the delegate to the appropriate executive of the employer.
(b) If not settled at this stage, the matter may be formally submitted by a State official of the union to the employer.
(c) If not settled at this stage, the matter may then be discussed between such representatives of the union as the union may desire and the employer, who may be accompanied by or represented by an Employee Relations Advisor.
(d) Where the procedures from (a) to (c) are being followed, work shall continue normally.
(e) Should the parties fail to agree, there shall be no stoppage of work and either party reserves its rights to notify a dispute to the Industrial Relations Commission of New South Wales.
(f) No party shall be prejudiced as to the final settlement by continuance of work in accordance with this clause.
D3A. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1997;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by 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".
(Note: Clause D3A has effect on and from 3 June 1999)
D4. First-Aid
An employee who is an appropriately qualified first-aid person pursuant to New South Wales legislation and is appointed by the employer to carry out first-aid in addition to their usual duties shall be paid an additional rate of $8.40 per week.
D5. Redundancy
(a) Definition: Redundancy means a situation where the employer terminates the services of an employee because the employer no longer requires the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour. Redundant has a corresponding meaning.
(b) Employees Exempted: This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks, or where the employee is offered alternative employment or the employer obtains acceptable alternative employment for the employee. Acceptable alternative employment shall consist of a comparable position located in an area that does not necessitate the employee to change his/her permanent residential address.
(c) Redundancy Pay: A redundant employee shall be entitled to the following amount of redundancy pay in respect of a continuous period of service whilst so engaged at the facility:
(i) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
|Years of Service |Under 45 Years of Age Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
(ii) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:
|Years of Service |45 Years of Age and Over Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
(iii) Week's pay shall mean the all-purpose rate for the employee concerned at the date of termination.
(d) Transfer to Lower-paid Duties: When an employee is transferred to lower-paid duties for reasons set out in subclause (a) hereof, the employee shall be entitled to the same period of notice of transfer as he/she would have been entitled to if his/her employment had been terminated and the employer may, at the employer s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate f pay and the new, lower ordinary-time rate for the number of weeks of notice still owing.
(e) Superannuation Benefits: Where an employee who is terminated receives a benefit from the superannuation scheme, he/she shall only receive under subclause (c) of this clause the difference between the severance pay specified in that subclause and the amount of the superannuation benefit he/she receives which is attributable to the employer contributions only. If this superannuation benefit is greater than the amount due under the said subclause (c), then he/she shall receive no payment under that clause.
(f) Transmission of Business:
(i) Where the business is transmitted from the employer (in this subclause called the transmitter ) to another employer (in this subclause called the transmittee) and an employee who at the time of such transmission was an employee of the transmitter in the business becomes an employee of the transmittee:
(a) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and
(b) in this subclause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession, whether by agreement or by operation of law and transmitted has a corresponding meaning.
D6. Definitions
Plant Technician: A Plant Technician is the holder of an appropriate Trade Certificate (mechanical, electrical and/or electronics) who shall have satisfactorily completed a suitable training course and shall:
(i) perform work under limited supervision either individually or in a team;
(ii) carry out surveillance, including physical checks, of all operating equipment, monitor and log results;
(iii) carry out maintenance and repairs;
(iv) co-ordinate and/or perform all work associated with the effective operation of the facility and may be required to supervise the work of others.
Tradesperson: A Tradesperson is an employee who holds an appropriate Trade Certificate in mechanical and/or electrical/electronics and is able to exercise the skills and knowledge of the trade:
(i) Operates all lifting equipment incidental to his/her work and performs work which is incidental or peripheral to the primary task and facilitates the completion of the whole task.
Utility Person: A Utility Person shall be a holder of a current driver's licence and shall perform tasks such as operating all lifting equipment, store keeping, trade assisting, non-trades maintenance and may utilise such other non-trade qualifications as appropriate.
Week One working week equals 38 ordinary hours.
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(1608) |SERIAL C0982 |
CSR LIMITED TRADING AS THE READYMIX GROUP PENRITH TRANSPORT WORKSHOP NO.3 (STATE) AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by CSR Limited trading as The Readymix Group.
(No. IRC 6059 of 2001)
|Before Commissioner Cambridge |12 October and 16 November 2001 |
AWARD
Contents
Clause No. Subject Matter
1. Title of Award
2. Arrangement
3. Parties to the Award
4. Relationship to Parent Award
5. Term of the Award
6. No Extra Claims
7. Review of Award
8. Aims and Objectives of the Award
9. Communication
10. Disputes Procedure
11. Compliance with Previous Awards
12. Stages of this Award and Wage Adjustments
13. Business Unit
14. Electronic Funds Transfer
15. Casual Employees
16. Increased Flexibilities
17. Competency Recognition and Development
18. Night Shift
19. Rostered Days Off
20. Rest Period after Overtime
21. Picnic Day
22. Meal Allowance
23. Fitness for Work
24. Redundancy
25. Apprenticeships
26. Safety Health and Environment (SHE)
27. Performance Criteria and Objectives
28. Consultative Committee
29. Salary Sacrificing
30. Anti-Discrimination
Annexure "A"
1. Title of Award
This award shall be known as CSR Limited trading as The Readymix Group Penrith Transport Workshop No. 3 (State) Award 2001.
2. Arrangement
This award shall apply to the Penrith Transport Workshop operated by CSR Limited trading as The Readymix Group in respect of employees covered by the Quarrying Industry (State) Award.
3. Parties to the Award
3.1 This award shall be binding on:
(a) CSR Limited trading as The Readymix Group:
(b) the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, ("the AMWU"); and
(c) all heavy vehicle mechanics employed at CSR’s Penrith Transport Workshop.
4. Relationship to Parent Award
4.1 This award shall be read in conjunction with the Quarrying Industry (State) Award (hereafter "the Parent Award").
4.2 Where there is any inconsistency between the Parent Award and this award, this award shall prevail to the extent of any inconsistency.
5. Term of the Award
This award shall come into operation on and from the first full pay period to commence on or after 12 October 2001 and shall remain in force until 15 May 2003.
6. No Extra Claims
Except for general movements in award wages granted by the Industrial Relations Commission of New South Wales via State Wage Cases, that are not subject to absorption, there shall be no further claims for wage increases during the term of this award.
7. Review of Award
The parties agree to review this award no later than 3 months prior to the end of its term. In the context of this review, the parties shall examine both the operation of the award and the possibilities of entering into a further award.
8. Aims and Objectives of the Award
8.1 Aims:
The parties to this award are committed to continue improvements in Safety, Health and the Environment and the resulting changes in work methods designed to achieve productivity, efficiency and flexibility. A commitment to such improvements will in turn significantly increase the Company’s competitiveness and offer secure and worthwhile employment for employees.
The Company business needs to continue to improve in order to remain competitive.
The Company has developed a vision of the type of business it wants and the elements necessary to transfer that vision to a reality.
(a) The critical elements are:
(i) A Product Quality and Customer Service Focus.
(ii) Safe and Rewarding Work.
(iii) Environmentally Sustainable Operations.
(iv) Continuous Improvement.
(v) Employee Participation.
(vi) Improved Competitiveness.
(vii) Removal of Artificial Barriers.
(viii) Increase Job Security.
8.2 Objectives:
(a) To comply with the various safety, health and environmental legislative and other requirements and to achieve industry best practice in these areas.
(b) To improve the efficiency and productivity of the company by ensuring management and labour practices are more closely attuned to current and future needs and objectives of the company.
(c) To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in the market place.
(d) To provide a climate for employees to develop a broader range of skills thereby maximising rewards to employees and security of employment.
(e) To benchmark other organisations that are leaders in the field of increased efficiency and productivity and where appropriate utilise this information in implementing change.
9. Communication
9.1 All employees the subject of this award may be required to attend a communication session to inform employees of the contents and requirements of this award.
9.2 The Company will advise employees in relation to the forward work plans.
10. Disputes Procedure
10.1 A procedure for the avoidance of industrial disputes and employee grievances shall apply to the Penrith Transport Workshop.
10.2 The objective of the procedure shall be to promote the resolution of disputes/grievances by measures based on consultation, co-operation and discussion, to reduce the level of industrial confrontation and to avoid interruption to the performance of work and the consequential loss of production and wages.
10.3 Any employees or delegates should obtain permission from their manager or supervisor prior to leaving their work station to consult with the employer. Such permission shall not be unreasonably withheld. All union business, in relation to this procedure, shall be conducted by the employee in the employer’s time.
10.4
(a) Procedures relating to grievances of individual employees:
(i) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(ii) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable time limits must be allowed for discussion at each level of authority.
(iv) At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(v) While a procedure is being followed, normal work must continue.
(vi) If they so chose the employee may be represented by an industrial organisation of employees.
(b) Procedures relating to disputes etc between employers and their employees:
(i) A question, dispute or difficulty must initially be dealt with as close to its sources as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(ii) Reasonable time limits must be allowed for discussion at each level of authority.
(iii) While a procedure is being followed, normal work must continue.
(iv) The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.
10.5 There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.
10.6 Reasonable time limits shall be allowed for the completion of the various stages of the discussions. At least 7 days should be allowed for all stages of the discussions to be finalised.
10.7 Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute.
10.8 In order to allow for the peaceful resolution of grievances and disputes the parties shall be committed to avoid industrial action including, stoppages of work, lock-outs or any other bans or limitations on the performance of work while the above procedure is being followed.
10.9 The employer shall ensure that all practices applied during the operation of the procedure are in accordance with their obligations under the Occupational Health and Safety legislation in New South Wales and consistent with established custom and practice at the workplace.
11. Compliance With Previous Awards
The parties will ensure that the commitments and requirements arising from the Previous Awards, referred to in Annexure "A", are met and are the starting point for further improvements to be made within the term of this award.
12. Stages of This Award and Wage Adjustments
The following wage increases shall apply to the employees of the Penrith Transport Workshop in the classifications covered by the Quarrying Industry (State) Award ("the Parent Award"). Expense related allowances are not to be increased unless adjusted in the Parent Award.
The wage adjustments in this award shall comprise of 2 stages:
Stage 1:
From the first pay period on or after the creation of this award a 4% wage increase shall be paid to employees the subject of this Award.
Stage 2:
From the first pay period on or after 15 May 2002 a further 4% wage increase shall apply and be paid to employees the subject of this Award.
13. Business Unit
The business unit shall be the Penrith Transport Workshop. During the life of this Award should the Company require employees to work at the Albion Park Quarry the Company will gain employees’ agreement first.
14. Electronic Funds Transfer
Payment of wages, shall be paid weekly by Electronic Funds Transfer into an account/s nominated by the employee.
15. Casual Employees
A casual employee is one engaged and paid as such. A casual employee shall be paid 1/38 of the weekly rate plus 15% for all work performed plus 1/12 for annual leave. Provided that, this clause shall not be used to make current permanent employees casuals.
16. Increased Flexibilities
16.1 Employees shall undertake duties and tasks as directed, provided such employees have the skills, competence and training to perform such tasks as directed.
16.2 Employees the subject of this award are committed to co-operate with and undertake all relevant training as directed by the employer, to meet the needs of the business.
16.3 The employer shall ensure that the provisions of the Quarrying Industry (State) Award relating to employees classifications are adhered to when implementing this clause.
17. Competency Recognition and Development
A skills matrix will be developed by the parties. The matrix will identify the required competencies necessary at the enterprise level. Each employee will be assessed to determine the competencies actually held from time to time. Where there is a gap between the actual competencies held by employee(s) and those required by the business, this will form the basis of an enterprise training plan.
18. Night Shift
18.1 Ordinary hours for night shift shall finish subsequent to midnight and at or before 8.00 am.
18.2 Night shift hours in 18.1 above may be altered by the employer by providing 7 days notice of such alteration.
19. Rostered Days Off
Rostered days off shall be implemented by agreement to suit the needs of the business and employees concerned. Such agreement shall not be unreasonably withheld by either party.
20. Rest Period After Overtime
For the purpose of Clause 4.7 (overtime) subclause (2) Rest Period after Overtime, of the Parent Award, the relevant time period for consecutive hours off duty shall be 9 hours.
21. Picnic Day
The picnic day may be taken on an alternate day other than the scheduled day, by agreement between the employer and employee(s) concerned.
22. Meal Allowance
22.1 An employee who is required to work overtime for more than 2 hours beyond the cessation of the employee’s ordinary hours of work for that day, shall be paid a meal allowance of $9.49. This allowance shall be paid after every 4 additional hours of overtime worked on any one day.
22.2 Subclause 22.1 of this clause is in lieu of clause 4.7 (overtime) subclause (4) Cribs (a) of the Parent Award.
23. Fitness for Work
The parties recognise the importance of the provisions stated in Section 31 of Part 3, Division 2 of the Mines Inspection General Rule 2000, in force under the Mines Inspection Act 1901, and are committed to development and implementation of practical solutions to meet these obligations.
24. Redundancy
24.1 Where permanent employees the subject of this award are made redundant by the employer, they shall receive the following termination payment.
(a) notice as prescribed by the relevant legislation; and
(b) 2 weeks for each year of service (pro-rata) to a maximum of 52 weeks (exclusive of the notice period in (a) above).
25. Apprenticeships
The Company recognises the importance of succession planning and the maintenance of skills. To this end, CSR Limited may engage apprentices subject to operational requirements and needs of the business. The system of employing apprentices will be open to review as and when the Company requires.
26. Safety Health and Environment (She)
Employees recognise their responsibility for improving workplace safety, health and environment ("SHE") and commit to:
knowing and following the SHE requirements related to the job and workplace;
constantly reviewing the workplace for hazards and initiating appropriate corrective actions or reporting the
hazard to the supervisor or manager;
reporting to work fit for duty;
reporting all improper SHE practices observed at the workplace to the supervisor or manager.
27. Performance Criteria and Objectives
All of the employees employed under this Award recognise the importance of and are committed to co-operate and work with the Company to strive to achieve the following performance outcomes:
(a) zero recordable injuries;
(b) nil rework;
(c) increase MIP Scheduling of Work to >50%;
(d) achieve >98% Vehicle Availability;
(e) development and implementation of a Waste Reduction Plan and achievement of associated targets.
In order to assist with the achievement of the performance objectives identified above, all employees employed under this Award agree and are committed to participating in:
(a) regular reviews and updates of progress against the performance criteria and outcomes;
(b) routine reviews and updates of their job descriptions and work instructions; and
(c) education sessions about the performance criteria.
28. Consultative Committee
The parties agree to establish a Site Consultative Committee. The membership, agenda and meeting frequency will be set by agreement between the parties.
29. Salary Sacrificing
29.1 Remuneration under this Award and the Parent Award may, by the operation of this Award, be made up entirely of wages or, at the option of an employee (other than a casual employee) and subject to the employer’s agreement, wages and a superannuation contribution to the CSR Australian Superannuation Fund. Wages and superannuation are the two components which will make up remuneration. The sum allocated to each component will be negotiated initially between the employer and the employee and thereafter renegotiated in accordance with this clause.
29.2 Should the employer make a superannuation contribution in accordance with this clause, it shall not, to the extent of that contribution, be liable to pay wages to the employee under this award, or the parent award.
29.3 The opportunity for an employee to initially negotiate the components of remuneration as per (i) above shall be available once per year at a time and in accordance with procedures determined by the employer and may only be changed during the period specified in accordance with procedures established by the employer.
29.4 In the event that changes in legislation, the Income Tax Assessment Act, tax office rulings or determinations remove or alter the Company’s capacity to maintain the salary sacrifice arrangements pursuant to this agreement, the company will be entitled to withdraw from these arrangements by giving notice to each affected employee.
30. Anti-Discrimination
30.1 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.
30.2 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.
30.3 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.
30.4 Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
30.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
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."
Signatures
For CSR Ltd trading as The
Readymix Group - Readymix
Sydney Division
For The Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union, New
South Wales Branch (AMWU)
The Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union, New
South Wales Branch (AMWU) Delegate
Annexure "A"
FOR THE PURPOSE OF THIS AWARD THE FOLLOWING DEFINITIONS OF AWARDS SHALL APPLY:
(a) "the Parent Award" is the award known as the "Quarrying Industry (State) Award";
(b) "the Previous Awards" include the following awards as defined:
(i) "the First Award" is the first CSR award, known as "CSR Limited trading as The Readymix Group Sydney Construction Products and Country Divisions Quarries Enterprising Bargaining Framework Award 1994"
(ii) "the Second Award" is the second CSR award, known as "CSR T/A The Readymix Group Penrith Transport Workshop Enterprise Agreement No. 1 (State) Award 1996"; and
(iii) "the Third Award" is the third CSR award, known as "CSR Ltd trading as The Readymix Group Penrith Transport Workshop No. 2 (State) Award 1998"
I. W. CAMBRIDGE, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1199) |SERIAL C0935 |
THE PORT MACQUARIE BASE HOSPITAL PROFESSIONAL STAFF (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 2437 of 2001)
|Before Mr Deputy President Grayson |25 July 2001 |
REVIEWED AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Gradings
4. No Further Claims
5. Grievance and Dispute Resolution Procedures
6. Hours
7. Rosters of Hours
8. Terms of Engagement
9. Permanent Part-time Employees
10. Casual Employees
11. Public Holidays
12. Meals and Rest Periods
13. Overtime
14. Jury Service
15. Penalty Rates for Shift Work, Weekend Work and Special Working Conditions
16. Annual Leave
17. Annual Leave Loading
18. Relieving Other Members of Staff
19. Uniforms and Protective Clothing
20. Long Service Leave
21. Sick Leave
22. State Personal/Carer's Leave
23. Bereavement Leave
24. Labour Flexibility
25. Mileage Allowance
26. Attendance at Meetings and Fire Drills
27. Blood Counts
28. Accommodation and Amenities
29. Payment and Particulars of Salary
30. Redundancy
31. Anti-Discrimination
32 Parental Leave
33. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Definitions
Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have their respective meanings assigned to them:
"Association" shall mean The Health and Research Employees’ Association of New South Wales.
"Officer or Employee" means a professional member of staff employed by a private hospital as defined herein, and coming within the following categories: Medical Officer, Nurse Counsellor, Psychologist, Audiologist, Research or Project Officer, Librarian (Graduate), Social Worker, Dietician, Physiotherapist, Occupational Therapist, Speech Pathologist, Medical Records Administrator and Welfare Officer (Social).
"Private Hospital" means an establishment defined as such under the provisions of the Private Hospitals and Day Procedure Centres Act 1988, or any legislation which may replace that Act.
"Service" shall mean service in New South Wales or elsewhere. It shall include service in the calling to which the employee is appointed that is acceptable to the relevant Australian or New South Wales registering body in that profession.
"Day Worker" means an employee who works his/her ordinary hours from Monday to Friday, inclusive, and who commences work on such days at or after 5.00 a.m. and before 2.00 p.m. otherwise than as part of a shift system.
"Shift Worker" means an employee who is not a day worker as defined.
Medical Officers:
Resident means a medical officer who has obtained full registration.
Registrar means a medical officer who:
(1) has had at least three years experience in public hospital service as defined under this award or any lesser period acceptable to the hospital; and
(2) is appointed as a registrar by the hospital; and
(3) is occupying a position of registrar in an established position.
"Senior Registrar" means a registrar holding higher medical qualifications and occupying a position of senior registrar in an established position.
"Higher Medical Qualifications" means such qualifications obtained by a medical practitioner subsequent to graduation and includes:
(1) post-graduate university degrees and diplomas recognised by the Medical Board of New South Wales as qualifications; or
(2) membership or fellowship of the Royal College or Royal Australasian College of Physicians or fellowship of the Royal College of Obstetricians and Gynaecologists; or
(3) such other post-graduate qualifications obtained by examination and recognised by the Medical Board of New South Wales and acceptable to the Health Administration Corporation of New South Wales.
Scientific Officers:
"Trainee Scientific Officer" means an officer appointed as such who is undertaking a part- time degree course in science and who is engaged on work related to the profession for which he/she is qualifying.
"Scientific Officer" means an officer appointed as such who has obtained a degree in science from an approved university requiring a minimum of three years' full-time study or such other qualifications deemed by the Health Administration Corporation of New South Wales to be the equivalent thereof.
"Senior Scientific Officer" means an officer appointed as such who is engaged in scientific work who holds a degree in science of an approved university or such other qualifications deemed by the Health Administration Corporation of New South Wales to be appropriate.
"Principal Scientific Officer" means an officer appointed as such who is engaged in scientific work who holds a post-graduate degree in science at least equivalent to the degree of Master of Science of an approved university or such other qualifications deemed by the Health Administration Corporation of New South Wales to be appropriate and who has had not less than ten years' post-graduate experience in an appropriate scientific field.
"Psychologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education and who is registered with the Psychologists Board of New South Wales.
"Audiologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education with appropriate training in audiology.
"Research or Project Officer" means a person employed as such who possesses an appropriate degree of a recognised university or college of advanced education.
"Librarian (Graduate)" means a Librarian who holds:
(1) an appropriate degree of a university or college of advanced education; or
(2) an appropriate diploma of a college of advanced education; or
(3) an officer who holds a degree or diploma of a college of advanced education awarded after completing a course of full-time study over three years (or equivalent) in which studies for librarianship are integrated; or
(4) such other academic qualification as the employer deems to be equivalent.
"Medical Records Administrator" means a person employed in the industry of record librarianship in a hospital who has qualifications acceptable to the New South Wales Association of Medical Record Librarians or such other qualifications deemed to be equivalent by the employer.
"Medical Records Officer" means a Medical Record Librarian employed by a hospital.
"Nurse Counsellor" means an employee appointed as such who possesses an appropriate degree of a recognised university or other qualifications deemed equivalent by the Health Administration Corporation of New South Wales.
"Social Worker" means a person employed as such in a private hospital and who has qualifications acceptable to the Australian Association of Social Workers.
"Dieticians" means an employee appointed as such and who has qualifications acceptable to the New South Wales Institute of Dieticians as an Associate or who holds the Diploma of Nutrition and Dietetics of the University of Sydney, or who has qualifications deemed by the Health Administration Corporation of New South Wales to be the equivalent thereof.
"Physiotherapist" shall mean a person who possesses a Bachelor of Applied Science (Physiotherapy) Degree of the University of Sydney, College of Health Sciences, or who has such other qualification deemed by the Health Administration Corporation to be equivalent and/or who is registered or conditionally registered under the Physiotherapists Registration Act 1987.
"Occupational Therapist" shall mean a person who possesses a Diploma in Occupational Therapy of the School of Occupational Therapy of the New South Wales Association of Occupational Therapy; or Diploma in Occupational Therapy or a Bachelor of Applied Science (Occupational Therapy) of the, Universities of Sydney or Western Sydney; or Bachelor of Health Science (Occupational Therapy) of Charles Sturt or Newcastle Universities; or has such other qualifications deemed by the Health Administration Corporation to be equivalent.
"Speech Pathologist" shall mean a person who possesses a Diploma in Speech Therapy of the Australian College of Speech Therapy; or Bachelor of Applied Science (Speech Pathology) of the Sydney or Macquarie Universities; or Bachelor of Health Science (Speech Pathology) from Charles Sturt University; or Bachelor of Speech Pathology of Newcastle University; or has such other qualifications deemed by the Health Administration Corporation to be equivalent.
"Welfare Officer (Social)" means an employee appointed to a position as such and who does not hold graduate qualifications in social work.
3. Gradings
3.1 Scientific Officers:
(i) Grades: Every officer, other than trainee scientific officers, shall be classified in one of the grades of scientific officer, senior scientific officer, or principal scientific officer, as provided for hereunder.
(ii) Years of Scale:
(a) Within each grade officers employed by any hospital shall, at all times, be classified not lower than the year of scale corresponding to the minimum prescribed hereunder for their respective qualifications and/or duties advanced by:
(1) at least one year of scale for each completed year of service in that grade and hospital; and
(2) at least one further year of scale for each completed year of service in the same branch of science in that grade in any other hospital or hospitals.
(b) In determining an officer's classification, due allowance also shall be made for any other post-graduate experience.
(c) For the purpose of this subclause, service at any time prior to the commencement of this award shall be deemed to be service in the grade in which the qualifications and/or duties of an officer would have required him/her to be classified had the award been in force at that time.
(iii) Scientific Officer: Officers who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder, shall not be classified below the respective year of scale in this grade as follows, with advancement as provided for in subclause (ii) of this clause:
Bachelor's Degree (three-year course), diploma with no experience, junior of the Royal Australian Chemical Institute or graduate of the Institute of Physics - 1st year.
Bachelor's Degree with honours (four-year course) - 2nd year.
Bachelor's Degree with honours (four-year course), diploma or Bachelor's Degree with at least two years' experience concurrent with or after the last two years of the course (provided that at least one year has been after his/her 21st birthday), Associate of the Royal Australian Chemical Institute, or Associate of the Royal Institute of Chemistry - 3rd year.
Master's Degree - 4th year.
Associate of the Institute of Physics - 6th year.
Associate of the Australian Institute of Physics - 6th year.
Degree of Doctor of Philosophy - 6th year.
Provided that such degree with honours or such Master's Degree has been obtained in subjects relevant to the branch of science in which the officer is engaged.
(iv) Principal Scientific Officer: Provided that a Principal Scientific Officer shall not progress beyond the salary prescribed for the third year of the scale unless such officer holds a post-graduate degree in science at least equivalent to the Degree of Doctor of Philosophy of an approved university or has been admitted as a Fellow of the Australian Association of Clinical Biochemists or such other qualifications as are deemed equivalent.
Provided further that any Senior Scientific Officer in receipt of the fourth year of service rate and above, or Principal Scientific Officer who holds the degree of Master of Science or appropriate equivalent qualifications shall be paid an additional amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B.
3.2 Psychologists, Audiologists and Research or Project Officers:
(i) Provided that:
(a) The commencing rate of salary for an officer who has obtained a degree of a recognised university requiring a minimum of three years' full-time study or other qualifications deemed by the employer to be equivalent thereof shall be the rate prescribed for the first year of service.
(b) The commencing rate of salary for an officer who has also completed an additional course of study and qualified for a degree with honours or the Diploma of Education or other qualifications deemed by the employer to be the equivalent thereof shall be the rate prescribed for the second year of service.
(c) The commencing rate of salary for an officer who has obtained a degree of a recognised university which requires a minimum of four years' full-time study, and has, in addition, completed at least one year of training at an approved teachers' college or other qualifications deemed by the employer to be the equivalent thereof, shall be the rate prescribed for the third year of service.
(ii) Provided that Psychologists, Audiologists and Research or Project Officers who:
(a) have completed 12 months service at the salary prescribed on the maximum of the scale; and
(b) have demonstrated to the satisfaction of the endorser by the work performed and the results achieved, the aptitude, abilities and qualities of mind warranting such payment, shall be paid an allowance of an amount as set out in Item 2 of the said Table 2 and after 12 months service in receipt of such allowance, shall be paid a further allowance at the rate, as set out in the said Item 2.
3.3 Dietician:
(i) For the purposes of payment of salary under Table 1 - Wages, of Part B, a Dietician shall be graded in accordance with the following minimum levels based on their qualifications:
Bachelor's Degree (three-year course) with post-graduate diploma and no experience - 1st year.
Bachelor's Degree with honours (four-year course) with post-graduate diploma and no experience - 2nd year.
Master's Degree in nutrition and dietetics and no experience - 3rd year (4)
Degree of Doctor of Philosophy with either post-graduate diploma or Master's Degree in nutrition and dietetics and no experience - 4th year.
Provided that such higher qualification has been obtained in subjects relevant to nutrition and dietetics practice.
(ii) Once graded under paragraph (i) of this subclause, an employee shall proceed up the scale based upon the following:
(1) to the next year of the scale for each completed year of service under this award with any employer; and
(2) one further year of the scale for each completed year of service in nutrition/dietetics, otherwise than as above, subject to the approval of the employer.
(iii) A dietician can be promoted from the General Scale to Grade 1 based on the following:
(1) completion of 12 months service on the maximum rate of the general scale; and
(2) agreement from the private hospital that the quality of the employee concerned and the skills and responsibilities exercised by the employee in the performance of his or her duties are such as to warrant promotion.
3.4 Social Worker:
For the purpose of payment of salary under Table 1 - Wages, of Part B, a social worker shall be graded at 2nd year of the scale where the employee has obtained any of the following:
a degree in social work from a recognised university requiring at least four years full-time study; or
a degree in social work and diploma from a recognised university requiring at least four years full-time study; or
qualifications deemed to be equivalent by the employer.
3.5 Therapist-in-Charge: An employee employed in a therapist classification as defined in clause 2, Definitions, and who is designated to be in charge of at least two or three other therapists of the same discipline, shall be paid an in-charge allowance of an amount set out in Item 3 of Table 2.
4. No Further Claims
It is a condition of this consent award that the parties will not seek any further claims, for wages and/or working conditions during the life of the award except where this is consistent with the terms of this award or consistent with State Wage Case Decisions.
5. Grievance and Dispute Resolution Procedures
(i) The following procedure shall be followed in relation to grievances of individual employees:
(a) The employee is required to notify in writing the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(e) While procedure is being followed, normal work must continue.
(ii) The following procedure shall be followed in relation to disputes, etc., between employers and their employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(iii) For the procedures set out in subclauses (i) and (ii) of this clause, the employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees or the association representative.
(iv) For the purposes of this clause, association representative shall mean an employee appointed as association representative, who shall, upon notification to the employer in writing thereof, and within 14 days of such appointment, be recognised as the accredited representative of The Health and Research Employees' Association of New South Wales.
(v) This clause shall not apply to an employer who employs not more than 20 employees or an employer with a management structure under which all employees are directly supervised and controlled by the employer or the chief executive of the facility.
6. Hours
(i) The ordinary hours of work of day workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 5.00 a.m. and before 2.00 p.m.
(ii) The ordinary hours of shift workers shall be 152 hours per 28 calendar days.
(iii) The hours of work prescribed in subclause 6.1 of this clause, shall be worked in one of the following ways:
(a) 38 hours per week, to be arranged in order that an employee shall not be required to work their ordinary hours on more than five days in one week; or
(b) 76 hours per fortnight, to be arranged in order that an employee shall not be required to work their ordinary hours on more than ten days in the fortnight; or
(c) 152 hours per 28 calendar days to be arranged in order that an employee shall not be required to work their ordinary hours on more than 19 days in the cycle.
(iv) Each shift shall not consist of more than ten ordinary hours of work per day, provided that by mutual agreement ordinary hours in excess of ten hours and up to a maximum of 12 ordinary hours a day may be accommodated under this consent award as part of providing service delivery for departments.
(v) Except for one meal break each day, all time from the time of commencing until the time of finishing duty each day shall be computed as ordinary working time.
(vi) Banking of Additional Days Off (ADOs) - Where an ADO arrangement is provided for the employee may, by agreement with the employer, accumulate up to 12 ADOs per year, to be taken by mutual agreement in conjunction with an employee's annual leave or at another time.
7. Rosters of Hours
(i) The ordinary hours of work for each employee, excluding casuals, shall be displayed on a roster in a place conveniently accessible to employees. Where practicable, such roster shall be displayed at least one week prior to commencement of the first working period in the roster.
(ii) Notwithstanding the foregoing provisions of this clause, a roster shall usually be changed with one week's notice, however, a roster may be altered at any time to enable the services of the facility to be carried on where another employee is unexpectedly absent or for any unforeseen or emergency circumstances.
Provided that where any such alteration involves an employee working on a day which would otherwise have been their day off, such employee may be paid or be given suitable time off in lieu, which shall be as mutually arranged.
(iii) Where a full-time employee may be entitled to an allocated day off duty in accordance with clause 6, Hours, that allocated day off duty is to be shown on the roster of hours for that employee.
(iv) All rosters shall be retained for at least six years.
8. Terms of Engagement
(i) Termination of Employment:
(a) Notice of termination of employment by either the employer or employee shall be the following notice:
|Period of Continuous Service |Period of Notice |
|Less than 1 year |1 week |
|1 year and less than 3 years |2 weeks |
|3 years and less than 5 years |3 weeks |
|5 years and over |4 weeks |
(b) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two 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.
(d) The period of notice in this clause shall not apply where the conduct of an employee justified instant dismissal, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks.
(ii) Notice of Termination by the Employee:
(a) The notice of the termination required to be given by an employee shall be the same as that required of the employer, save and except that there shall be no additional notice based on the age of the employee concerned.
(b) Subject to financial obligations imposed on the employer by any Act, if an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.
(iii) Time off Work During Period of Notice: Where an employer has given notice of termination to an employee, an employee shall be allowed up to eight hours time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
(iv) Statement of Employment: The employer shall upon receipt of a request from an employee whose employment terminates, provide to the employee a written statement specifying the period of his/her employment and the classification and/or the type of work performed by the employee.
(v) Accrued ADOs: Employees who have accrued additional days off duty pursuant to clause 6, Hours, shall be paid for such accrued time at the award wage rate upon termination.
(vi) Medical Examinations/Immunisations: The employer may require a prospective or current employee to undergo a medical examination/immunisation by a medical representative and paid by the employer.
(vii) Probationary Period: Full-time and permanent part-time employees may be recruited on a probationary period for a maximum of three months.
9. Permanent Part-Time Employees
(i) A permanent part-time employee is one who is permanently appointed by a facility to work a specified number of hours which are less than those prescribed for a full-time employee. By agreement between the employer and employee the specified number of hours may be balanced over a week, fortnight and/or monthly period, provided that the average weekly hours shall be deemed to be the specified number of hours for the purposes of accrual of annual leave. Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee working on a "week-on, week(s) off" basis in accordance with this subclause.
(ii) Employees engaged under this clause shall be paid an hourly rate calculated on the basis of 1/38th of the appropriate rate prescribed by this consent award, with a minimum payment of two hours for each start.
(iii) Permanent part-time employees shall be entitled to all other benefits in this consent award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to 38 hours.
10. Casual Employees
(i) A casual employee is one engaged on an hourly basis otherwise than as a permanent part-time or full-time employee.
(ii) A casual employee shall be paid an hourly rate calculated on the basis of 1/38th of the appropriate rate prescribed by Table 1 - Wages, of Part B, plus 15 per cent thereof.
NOTE: This 15 per cent loading shall be inclusive of payments required under the Annual Holidays Act 1944.
(iii) With respect to a casual employee, the following award clauses shall not apply: clauses 6, Hours; 7, Rosters of Hours; 8, Terms of Engagement; 11, Public Holidays; 13, Overtime; 16, Annual Leave; 17, Annual Leave Loading; 23, Bereavement Leave and 21, Sick Leave.
(iv) A casual employee who is required to and does work on a public holiday as defined in subs (i) and (ii) of clause 11, Public Holidays, shall be paid for the time actually worked at the rate of 150 per cent extra, such payment being in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday.
Provided that a casual employee shall not be entitled to be paid, in addition, the allowance of 15 per cent prescribed in subclause (ii) of this clause, in respect of such work.
11. Public Holidays
(i) For the purpose of this award the following shall be deemed to be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and any other day or part thereof proclaimed and observed as a public holiday within the area in which the facility is situated.
(ii) In addition to the public holidays prescribed in subclause (i) of this clause, employees are entitled to an extra public holiday each year. Such holiday will occur:
(a) on the August Bank Holiday; or
(b) as an additional public holiday between Christmas and New Year. Provided that such day is placed between Monday and Friday (inclusive) on a day which is not already gazetted as a public holiday.
(iii) Public holidays shall be allowed to employees without loss of pay. When an employee is required to and does work on any of the holidays set out in subclause (i) of this clause, whether on a full shift or not, then in lieu of all other shift or penalty rates, the employee shall elect to:
(a) be paid 150 per cent extra per hour in addition to the weekly rate; or
(b) be paid 50 per cent extra per hour in addition to the weekly rate and have the equivalent amount of time added to the period of annual leave.
Provided however, that an employee once having elected the method by which they are to be remunerated for work performed on public holidays shall not have the right to alter such election during the currency of this consent award, except where the employee requests the employer to change the method of payment and the employer so agrees.
(iv) Public holidays and the additional public holiday prescribed in subclauses (i) and (ii) of this clause, may be substituted for another day off by agreement between the employer and the employee to be taken adjacent to a period of annual leave or at another time to suit the needs of the hospital.
12. Meals and Rest Periods
(i) Meal Break:
(a) Each employee shall be allowed a meal break of not less than 30 minutes and not more than 60 minutes for each meal occurring on duty.
(b) Where practicable, employees shall not be required to work more than six hours without a meal break. Provided that where practicable an employee engaged to work for six hours or less in any one shift may elect not to take a meal break as otherwise provided for by this subclause without penalty to the employer. The term "where practicable" encompasses regard being paid to the service requirements of the employer.
(c) Meal breaks can be staggered to ensure services are maintained and carried on.
(d) An employee who is called upon to work for any portion of their meal break, such time shall count as ordinary working time.
(ii) Rest Break:
(a) Two separate ten minute intervals (in addition to meal breaks) shall be allowed to each employee on duty during each ordinary shift. Subject to agreement between the employer and employee(s), such intervals may alternatively be taken as one 20 minute interval, or by one ten minute interval with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time. Such interval(s) shall count as working time. Employees who are engaged for less than an eight-hour shift on any one day shall only be entitled to one tea break of ten minutes, provided a minimum of four hours work is completed.
(b) The taking of the ten minute rest breaks may be suspended for a day(s) by mutual agreement to ensure services are carried on.
13. Overtime
(i) All time worked by employees outside the ordinary hours in accordance with clause 6, Hours, and clause 7, Rosters of Hours, shall be paid at the rate of 50 per cent extra up to two hours each day and thereafter at the rate of 100 per cent extra; provided however, that all overtime worked on Sunday shall be paid for at the rate of 100 per cent extra and on public holidays at the rate of 150 per cent extra.
(ii) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work on successive days or shift.
(iii) An employee who works so much overtime:
(a) between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that the employee has not had at least eight consecutive hours off duty between these times; or
(b) on a Saturday, a Sunday and a holiday, not being ordinary work days, or on a rostered day off without having had eight consecutive hours off duty in the 24 hours preceding the employee's ordinary commencing time on their next ordinary day or shift shall, subject to this subclause, 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 instruction of the employer such an employee resumes or continues work without having such eight consecutive hours off duty, the employee shall be paid at 100 per cent extra on the rate applicable on such day until they are released from duty for such period and then, shall be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) For the purpose of assessing overtime each day shall stand alone, provided however, that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.
(iv) All time worked by employees employed pursuant to clause 9, Permanent Part-time Employees, in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the ward or section concerned, shall be paid for at the rate of 50 per cent extra for the first two hours and 100 per cent extra thereafter, except that on Sundays such overtime shall be paid for at the rate of 100 per cent extra and on public holidays at the rate of 150 per cent extra.
Provided that, time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the ward or section concerned shall not be regarded as overtime but as an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.
(v) Time Off in Lieu of Overtime: In lieu of receiving payment for overtime in accordance with this clause, employees may by mutual agreement take time off in lieu of overtime, such time off to be taken at ordinary time rates, that is, one hour for each hour worked.
14. Jury Service
An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for jury service and the amount of wage the employee would have received in respect of the ordinary hours the employee would have worked had he or she not been on jury service.
An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of their attendance, the duration of the attendance and the amount received in respect of jury service.
15. Penalty Rates for Shift Work, Weekend Work and Special Working Conditions
(i) Shift workers working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shift, provided that employees working less than 38 hours per week shall only be entitled to the additional rates where their shifts commence prior to 5.00 a.m. or finish subsequent to 6.00 p.m.
Afternoon shift commencing at 2.00 p.m. and before 5.00 p.m. - 12.5 per cent.
Night shift commencing at 5.00 p.m. and before 5.00 a.m. - 15 per cent.
(ii) For the purpose of this clause, day, afternoon and night shifts shall be defined as follows:
"Day Shift" means a shift which commences at or after 5.00 a.m. and before 2.00 p.m.
"Afternoon Shift" means a shift which commences at or after 2.00 p.m. and before 5.00 p.m.
"Night Shift" means a shift which commences at or after 5.00 p.m. and before 5.00 a.m. on the day following.
(iii) Employees whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for ordinary working hours worked between midnight on Friday and midnight on Sunday at the rate of 50 per cent extra. These rates shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (i) of this clause, and the casual allowance prescribed in subclause (ii) of clause 10, Casual Employees.
(iv) An employee sent for duty to a place other than their regular place of duty shall be paid for all excess travelling time at the appropriate rate of pay and reimbursed excess travelling expenses.
16. Annual Leave
(i) Annual leave on the ordinary weekly rate of pay shall be granted upon the completion of 12 months' service in a private hospital as follows:
(a) Employees who work their ordinary hours of work on days other than Saturday and Sunday - 152 ordinary hours.
(b) Employees required to work on seven-day rosters which includes work on Saturdays and/or Sundays - 228 ordinary hours.
(ii)
(a) To the leave prescribed by paragraph (a) of subclause (i) of this clause there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs during a period of annual leave.
(b) To the leave prescribed by paragraph (b) of subclause (i) of this clause there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the ten recognised public holidays or special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.
(c)
(1) An employee, to whom paragraph (a) of subclause (i) of this clause applies, who is required to and does work on a public holiday shall have added to the leave prescribed by this clause one working day in respect of each such public holiday which is a full day or one half day in respect of each half holiday and shall be paid for work on such day or half day at the rate of time and a half.
(2) In lieu of adding to the leave in accordance with subparagraph (1) of this paragraph, an employee may be paid for the time actually worked on such public holiday at the rate of double time and one- half. Where payment is made in lieu of leave in respect of time worked on a public holiday, payment shall be made for a minimum of four hours.
(3) Payments made under subparagraphs (1) or (2) shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.
(d) An employee to whom paragraph (b) of subclause (i) of this clause applies and who is required to and does work on a public holiday shall be paid in addition to the appropriate ordinary weekly rate of pay prescribed in Table 1 - Wages, of Part B, at the rate of one-half time extra for the time actually worked on such holiday.
(e) For the purpose of paragraphs (c) and (d) of this subclause the hourly rate of pay for payment shall be computed on the basis of 1/38th of the appropriate ordinary weekly rate of pay prescribed in the said Table 1.
(f) For the purposes of this subclause the following shall be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Bank Holiday, or additional holiday enjoyed by other employees in the establishment, Eight- Hour Day, Christmas Day, Boxing Day and any other duly proclaimed and observed as a public holiday within the area in which the hospital is situated.
(iii)
(a) Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued; provided that the giving and taking of such leave may be postponed, by mutual agreement between the parties, for a further period not exceeding six months.
(b) Nothing in this subclause shall prevent an employer, by agreement with the employee, from allowing annual leave to an employee before the right thereto has accrued but, where leave is taken in such a case, a further period of annual leave shall not commence to accrue until the expiration of the 12 months in respect of which annual leave was taken before it accrued.
(c) The employer shall give each employee, where practicable three months' notice of the date upon which he or she shall enter upon leave and in any event such notice shall be not less than 28 days.
(iv) Each employee, before going on leave shall be paid for the period of the leave at the ordinary weekly rate of pay to which he or she is entitled under Table 1.
(v) Except as provided for in subclause (vi) of this clause, payment shall not be made nor accepted in lieu of annual leave.
(vi) If the employment of an employee is terminated before the period of 12 months' service has been reached the employer shall:
(a) in the case of an employee who is entitled to 152 ordinary hours of annual leave, pay them 1/12th of the ordinary weekly rate of pay during the period of their employment;
(b) in the case of an employee who is entitled to 228 ordinary hours of annual leave, pay them 6/52 of the ordinary weekly rate of pay earned during the first year of their employment or 6/46 of the ordinary weekly rate of pay in any subsequent year of their employment.
(vii) The employee shall be eligible for annual leave when 12 months have elapsed since the date on which the last annual leave would have begun if taken immediately it had become due or, if the employee has not previously had annual leave, since the commencement of employment.
(viii) The employer and the employee may agree that the leave of absence to which an employee may be entitled under this clause shall be taken in not more than two periods but neither of such periods shall be of less than one week.
(ix) In addition to the leave prescribed by paragraph (b) of subclause (i) of this clause, employees who are rostered to work their ordinary hours on Sundays and/or holidays shall be entitled to receive additional payment on the following bases:
|Number of ordinary shifts worked on Sundays and/or |Additional payment |
|holidays during a qualifying period of employment | |
|for annual leave purposes | |
|4 to 10 |0.2 weeks |
|11 to 17 |0.4 weeks |
|18 to 24 |0.6 weeks |
|25 to 31 |0.8 weeks |
|32 or more |1.0 week |
The additional payment shall be made at the time the employee proceeds on annual leave, provided that where the employment of an employee is terminated the employee shall be entitled to be paid the additional payment that may have accrued under this paragraph in addition to the proportionate payment prescribed by subclause (vi) of this clause.
17. Annual Leave Loading
(i) Employees who, under the Annual Holidays Act 1944 or this award, become entitled to annual leave under clause 16, Annual Leave, shall be paid an annual leave loading of 17.5 per cent of the appropriate ordinary weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday.
(ii) Such loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the said Act.
(iii) Before an employee is given and takes an annual holiday or where, by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each such separate period the employer shall pay the employee the loading in accordance with subclause (i) of this clause.
(iv) No loading is payable where the annual holiday is taken wholly or partly in advance provided that, if the employment of such an employee continues until the day upon which the employee would have become entitled under the Act to such annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with the award rate of wages applicable on such day.
(v) Where the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which the employee is entitled, that employee shall be paid the loading provided for in subclause (i) of this clause for the period not taken. Provided where the employee terminates his/her own employment the annual leave loading will not be payable in the termination payment.
(vi) This clause extends to an employee who is given and takes annual holiday and who would have worked as a shift worker if he/she had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.
(vii) By agreement between the employer and employee(s) the 17.5 per cent annual leave loading may be arranged to be paid at anniversary.
18. Relieving Other Members of Staff
(i) An employee who is called upon by the employer to relieve an employee in a higher classification or grade continuously for more than three days shall be entitled to payment for the period of relief worked, at the minimum rate applicable to the higher classification or grade.
(ii) If less than the whole of the duties and/or responsibilities are assumed during the period of relief, a pro rata payment will be made as determined by the employer.
(iii) This clause shall not apply when an employee in a higher grade is absent from duty by reason of his/her rostered and allocated days off pursuant to clause 6, Hours, except when any allocated days off (accumulated) are added to and form part of the leave of absence of the employee in the higher classification grade.
19. Uniforms and Protective Clothing
(i) The wage rate received by an employee under this consent award is an all inclusive rate for the cost of uniforms and the laundering of such uniforms by employees.
NOTE: A uniform includes items such as: cardigans, stockings, socks, shoes, dress slacks, skirt, etc.
(ii) Sufficient suitable and serviceable uniforms may be supplied free of cost to each employee required to wear them, provided that an employee to whom a new uniform or part of a uniform has been supplied by the employer who, without good reason fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such uniform or part thereof.
(iii) An employee on leaving the services of the private hospital shall return any uniform or part thereof supplied by the private hospital which is still in use by that employee immediately prior to leaving.
(iv) The employee shall keep such uniform in a reasonable and presentable condition.
(v) The type and style of uniform shall be consistent with hospital guidelines and standards.
(vi) An employer may require an employee to replace further uniform(s) which have become permanently stained, worn or damaged at no cost to the employer.
NOTE: Such a request will be in line with subclause (v) of this clause.
20. Long Service Leave
(i) Every employee after ten years' continuous service with the same employer shall be entitled to two months' long service leave on full pay; after 15 years' continuous service to an additional one month's long service leave on full pay; and for each five years' continuous service thereafter to an additional one and one-half month's long service leave on full pay. Such leave shall be taken at a time to be mutually arranged between the employer and the employee.
(ii) Where the service of an employee with at least five years' service is terminated, the employee shall be entitled, for five years service, to one months' long service leave on full pay and for service after five years to a proportionate amount of such leave on full pay calculated on the basis of two months long service leave for ten years' service.
(iii) Where an employee has acquired the right to extended leave with pay under subclause (i) of this clause, then and in every such case:
(a) If before such leave has been entered upon the employment of such employee has been terminated, such employee shall be entitled to receive the monetary value of the leave to which such employee has been entitled, computed at the rate of salary which such employee was receiving immediately prior to the termination of employment.
(b) If such employee dies before entering upon such extended leave or if after having entered upon same, dies before its termination, the spouse of the deceased employee, the children or their guardians or other dependant relative or their legal representative shall be entitled to receive the monetary value of the leave not taken or not completed, as the case may be, and computed at the rate of salary the employee was receiving at the time of their death.
(iv) For the purpose of this clause:
(a) Continuous service in the private hospital prior to the coming into force of this award shall be taken into account.
(b) One month equals four and one-third weeks.
(c) Continuous service shall be deemed not to have been broken by:
(i) Any period of absence on leave without pay not exceeding six months.
(ii) Absence of any employee from the private hospital whilst a member of the Commonwealth in time of war.
(v) Where any employee has been granted a period of long service leave prior to the coming into force of this award, the amount of such leave shall be debited against the amount of leave due under this award.
(vi) Any period(s) of part-time service with the private hospital shall count towards long service leave on the basis of the proportion that the actual number of hours each week worked bears to 38 hours and the period so calculated shall be paid for at the full weekly salary prescribed by Table 1 - Wages, of Part B.
21. Sick Leave
(i) Full-time Employees: A full-time employee shall be entitled to sick leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service and any unused leave shall remain to the employee's credit.
(ii) All periods of sickness shall be certified by a legally qualified medical practitioner, provided however, that the employer may dispense with the requirements of a medical certificate where the absence does not exceed two consecutive days or where in the employer's opinion the circumstances are such as not to warrant such requirements.
(iii) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave merely by reason of the fact that the employee is on sick leave.
(iv) An employee shall not be entitled to sick leave until after three months' continuous service.
(v) Employees who are employed by the private hospital as at 11 June 1996 shall retain to their credit, until exhausted, any accumulation of sick leave to their credit immediately prior to such date; provided that such credit is not less than the entitlement otherwise prescribed by this clause.
(vi) Each employee shall take all reasonable practicable steps to inform the employer of his or her inability to attend for duty prior to the commencement of a shift and as far as possible state the estimated duration of the absence. In any event, such notice shall be given within 24 hours of the commencement of such absence.
(vii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation; provided however, that where such an employee is in receipt of compensation (i.e., after the first 26 weeks), an employer shall pay to an employee who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay. The employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable.
(viii) Permanent Part-time Employees: A permanent part-time employee shall be entitled to sick leave in the same proportion of 76 hours as the average weekly hours worked over the preceding 12 months or from the time of the commencement of employment whichever is the lesser, bears to 38 ordinary hours of one week. Such entitlements shall be subject to all the above conditions applying to full-time employees.
22. State Personal/Carer's Leave
(i) Use of Sick Leave:
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 21, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care of the person concerned; and
(2) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer 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.
(ii) Unpaid Leave for Family Purpose:
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) who is ill.
(iii) Annual Leave:
(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
(iv) Time Off in Lieu of Payment for Overtime:
(a) For the purpose only of providing care and support for a person in accordance with subclause (i) of this clause, and despite the provisions of subclause (v) of clause 13, Overtime, the following provisions shall apply.
(b) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(c) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.
(d) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
(e) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(v) Make-up Time:
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
(vi) Rostered Days Off:
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
23. Bereavement Leave
(i) An employee, other than a casual employee, shall be entitled up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) of this clause.
(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
(iii) 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 sub paragraph (ii) of paragraph (c) of subclause (i) of clause 22-State Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(iv) 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.
(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (vi) of the said clause 22. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
24. Labour Flexibility
(i) An employer may direct an employee to carry out duties as are within the limits of the employee's skill, competence and training. Such duties may include work which is incidental or peripheral to the employee's main tasks, provided that such duties are not designed to promote deskilling.
(ii) Any employer may direct an employee to carry out the duties and use such equipment as may be required, provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such equipment. Any such direction issued by the employer shall be consistent with the employer's responsibility to provide a safe and healthy working environment for employees and the employer's duty of care to patients.
25. Mileage Allowance
Employees required by the employer to use their own vehicle to carry out their work shall be paid the following mileage allowances as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B.
26. Attendance at Meetings and Fire Drills
(i) An employee required to attend Occupational Health and Safety Committee and/or Board of Management meetings, as an employee representative shall, if such meetings are held outside the ordinary hours of work, be entitled to receive payment at the ordinary rate for the actual time spent in attendance at such meetings. In lieu of receiving payment, employees may, with the agreement of the employer, be permitted to be free from duty for a period of time equivalent to the period spent in attendance at such meetings. Such time spent in attendance shall not be viewed as overtime for the purposes of this award.
(ii) An employee in attendance at compulsory fire safety practices (e.g., fire drill and evacuation procedures) in accordance with the requirements of the Private Hospitals and Day Procedures Centres Act 1988 and the regulations thereunder, shall be paid for time spent in attendance at the ordinary rate. Such time spent in attendance shall not be viewed as overtime for the purposes of this award.
27. Blood Counts
Those employees who are regularly required to assist and/or work with the radiologist and/or radiographers in close proximity to diagnostic and/or therapeutic x-ray machines or any other forms of radioactive radiators shall have blood counts carried out every three months upon making application therefore to the hospital.
28. Accommodation and Amenities
Suitable lavatory conveniences shall be provided for all employees, and when and where practicable, dining room accommodation, dressing room and lockers shall also be provided.
29. Payment and Particulars of Salary
(i) Wages shall be paid weekly or fortnightly, provided that, for the purposes of adjustment or wages related to alterations in the basic wage, from time to time effective, the pay period shall be deemed to be weekly. On each pay day the pay shall be made up to a day not more than three days prior to the day of payment. Provided that, the payment of shift and weekend penalties relating to work performed in the second week of a fortnightly roster period may be deferred to the pay day next following the completion of the working cycle within which such shifts were worked, but for no longer.
(ii) Notwithstanding the provisions of subclause (i) of this clause, an employee who has been given one week's notice of termination of employment in accordance with clause 8, Terms of Engagement, shall be paid all monies due to them prior to ceasing duty on the last day of employment. Where an employee is dismissed or their services are terminated without due notice, in accordance with the said clause 8, any monies due to the employee shall be paid as soon as possible after such dismissal or termination but in any case, not more than three days thereafter.
(iii) On each pay day an employee, in respect of the payment then due, shall be furnished with a statement in writing, containing the following particulars, namely; name, the amount of ordinary salary, the total number of hours of overtime worked, if any, the amount of any overtime payment, the amount of any other monies paid, and the purpose for which they are paid, and the amount of the deductions made from total earnings and the nature thereof.
(iv) Existing employees at the date of the making of this award shall have their salaries paid into an account with a bank or financial institution of their choice in the State of New South Wales. Provided however, that employees employed on or after 11 June 1996 shall have their salary paid into one account with a bank or financial institution in New South Wales nominated by the employer. In either case, salaries shall be deposited by facilities in sufficient time to ensure that wages are available for withdrawal by employees by no later than pay day.
(v) Where an employer has overpaid an employee, upon mutual agreement in respect of the amount of the overpayment and the method of repayment, the monies overpaid may be recovered by the employer.
30. Redundancy
(i) An employee who is made redundant arising from:
economic recession; or
company merger, takeover or reconstruction; or
technological change.
(for example, in the private hospital industry, these may include, in appropriate circumstances, closure of a facility, amalgamation of one or more facilities, rationalisation of services or sale of business);
shall receive payment in accordance with the following scale in addition to allow other payments due to that employee:
|Service |Under 45 Years of Age |45 Years of Age and Over |
|Less than 1 year |Nil |Nil |
|More than 1 year | | |
|but less than 2 years |4 weeks' pay |5 weeks' pay |
|More than 2 years | | |
|but less than 3 years |6 weeks' pay |7.5 weeks' pay |
|More than 3 years | | |
|but less than 4 years |7 weeks' pay |8.75 weeks' pay |
|Over 4 years |8 weeks' pay |10 weeks' pay |
(ii) The provisions of subclause (i) of this clause shall not apply to an employee who is afforded reasonably suitable alternative employment within the hospital or the hospital group, having regard to:
the employee's age, education, skills and work experience;
the employee's place of residence;
the needs of the employer and the nature of the employer's operations; and
any other relevant circumstances.
(iii) The provisions of this clause shall not apply to facilities which employ less than 15 permanent employees at the time the redundancy takes effect.
(iv) This clause shall not apply to employees with less than 12 months' permanent service.
(v) During the notice period of redundancy the employer may allow the employee up to one half day per week to attend employment interviews. Proof of attendance at such interviews may be requested by the employer.
(vi) An employer in a particular case may make application under the Industrial Relations Act 1996 to have the provisions of subclause (i) of this clause varied on the basis of the employer's incapacity to pay.
(vii) In calculating any redundancy payment or payment in lieu of notice, ordinary time payment shall be used.
31. Anti-Discrimination
(i) It is 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 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.
(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) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
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".
32. Parental Leave
1. Maternity Leave:
(i) Eligibility: To be eligible for maternity leave an employee must have completed at least 40 weeks' continuous service prior to the expected date of birth or be a permanent part-time employee as specified.
An employee who has once met the conditions for maternity leave will not be required to work again the 40 weeks' continuous service in order to quality for a further period of maternity leave, unless:
(a) there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement, or after her services have been other wise dispensed with; or
(b) the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, adoption leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act 1987.
(ii) Entitlement: An employee is entitled to a period of unpaid maternity leave of not more than 12 months after the actual date of birth.
(iii) Applications: An employee who intends to proceed on maternity leave should formally notify her employer of such intention as early as possible, so that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to the commencement of the leave should accordingly be given. This notice must include a medical certificate stating the expected date of birth and should also indicate the period of leave desired.
(iv) Variation after Commencement of Leave: After commencing maternity leave an employee is entitled to vary the period of her maternity leave, once without the consent of her employer and otherwise with the consent of her employer. A minimum of 4 weeks' notice must be given, although an employer may accept less notice if convenient.
The conditions relating to variation of maternity leave are derived from Section 65 of the Industrial Relations Act 1996.
(v) Staffing Provisions: In accordance with obligations established by the Industrial Relations Act 1996 (S.69), any person who occupies the position of an employee on maternity leave must be informed that the employee has the right to return to her former position. Additionally, since an employee has the right to vary the period of her maternity leave, offers of temporary employment shall be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment shall also be set down clearly: to a fixed date or until the employee elects to return to duty, whichever occurs first.
(vi) Effect of Maternity Leave on Accrual of Leave, Increments, etc.: Except in the case of employees who have completed ten years' service, the period of maternity leave without pay does not count as service for long service leave purposes. Where the employee has completed ten years service the period of maternity leave without pay shall count as service provided such leave does not exceed six months.
Maternity leave without pay does not count as service for incremental purposes.
(vii) Illness Associated With Pregnancy: If, because of an illness associated with her pregnancy, an employee is unable to continue to work then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take sick leave without pay.
(viii) Transfer to a More Suitable Position - Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practicable, to provide employment in some other position that she is able to perform satisfactorily. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.
(ix) Miscarriages: In the event of a miscarriage any absence from work is to be covered by the sick leave provisions.
(x) Stillbirth: In the case of a stillbirth (as classified by the Registry of Births, Deaths and Marriages) an employee may elect to take sick leave subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she produces a doctor's certificate as to her fitness.
(xi) Effect of Premature Birth on Payment of Maternity Leave: An employee who gives birth prematurely, and prior to proceeding on maternity leave, shall be treated as being on maternity leave from the date leave is commenced to have the child.
(xii) Right to return to Previous Position: An employee returning from maternity leave has the right to resume her former position. Where this position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of her former position and for which the employee is capable or qualified.
(xiii) Return for Less Than Full-Hours: Employees on application to their employer shall be entitled to return to duty for less than the full-time hours they previously worked by taking weekly leave without pay. such return to work is to be according to the following principles:
the period is to be limited to 12 months, after which full-time duties must be resumed;
the employee is to make an application for leave without pay to reduce her full-time hours of work. This application should be made as early as possible to enable the employer to make suitable staffing arrangements. At least four weeks' notice must be given;
salary and other conditions of employment are to be adjusted on a basis proportionate to the employee's full-time hours of work; i.e. for long service leave the period of service is to be converted to the full-time equivalent, and credited accordingly.
It should be noted that employees who return from maternity leave under this arrangement remain full-time employees.
(xiv) Further Pregnancy while on Maternity Leave: Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted. Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing entitlement lapses.
2. Adoption Leave:
(i) Eligibility: To be eligible for adoption leave an employee must have completed at least 40 weeks' prior to the date of taking custody of the child.
An employee who has once met the conditions of adoption leave will not be required again to work the 40 weeks' continuous service in order to qualify for further periods of adoption leave, unless:
(a) there has been a break in service where the employee has been re-employed or re-appointed after a resignation or medical retirement, or after their services have been otherwise dispensed with; or
(b) the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, paternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act 1987.
(ii) Entitlement: Eligible employees are entitled to unpaid adoption leave as follows:
where the child is under the age of 12 months - a period of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.
(iii) Applications: Due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that in the reasonably near future they will take custody of a child, should formally notify the employer as early as practicable of the intention to take adoption leave. This will allow arrangements associated with the adoption leave to be made.
(iv) Variation after Commencement of Leave: After commencing adoption leave an employee has the right to vary the period of leave; once without consent of the employer and other wise with the consent of the employer. A minimum of four weeks' notice must be given, although an employer may accept less notice if convenient.
(v) Staffing Provisions: As per maternity leave conditions.
(vi) Effect of Adoption Leave on Accrual of Leave, Increments, etc: As per maternity leave conditions.
(vii) Return for Less than Full-time Hours: As per maternity leave conditions.
(viii) Liability for Superannuation Contributions: During a period of unpaid maternity leave or unpaid adoption leave, the employee will not be required to meet the employer's superannuation liability.
(ix) Permanent part-time employees as defined in clause 9, Permanent Part-time Employees are covered by this clause.
3. Paternity Leave:
(i) Eligibility: To be eligible for paternity leave an employee must have completed at least 40 weeks' continuous service (or 40 weeks continuous service for permanent part-time employees as specified) prior to the birth of the child.
An employee who has once met the conditions of paternity leave will not be required again to work the 40 weeks' continuous service in order to qualify for further periods of adoption leave, unless:
(a) there has been a break in service where the employee has been re-employed or re-appointed after a resignation or medical retirement, or after their services have been otherwise dispensed with; or
(b) the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, Adoption Leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act 1987.
(ii) Entitlement: Eligible employees are entitled to unpaid paternity leave as follows:
A period of up to 12 months, such period to be agreed upon by both the employee and the employer.
(iii) Applications: Employees should formally notify the employer as early as practicable of the intention to take paternity leave.
(iv) Variation after Commencement of Leave: After commencing paternity leave an employee is entitled to vary the period of leave; once without consent of the employer and otherwise with the consent of the employer. A minimum of four weeks' notice must be given, although an employer may accept less notice if convenient.
(v) Staffing Provisions: As per maternity leave conditions.
(vi) Effect of Paternity Leave on Accrual of Leave, Increments, etc: As per maternity leave conditions.
(vii) Return for Less than Full-time Hours: As per maternity leave conditions.
(viii) Liability for Superannuation Contributions: During a period of unpaid maternity leave, unpaid adoption leave or paternity leave, the employee will not be required to meet the employer's superannuation liability.
(ix) Permanent part-time employees as defined in clause 9, Permanent Part-time employees are covered by this clause.
33. Area, Incidence and Duration
(i) This award was made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Port Macquarie Base Hospital Professional Staff Enterprise Bargaining 1996 Consent Award published 15 August 1997 (300 I.G. 559) and all variations thereof.
(ii) The award published on 15 August 1997 took effect from the first full pay period to commence on or after 11 June 1996.
(iii) This award shall apply to all employees as defined herein who are employed at Port Macquarie Base Hospital and shall not apply to Novices, aspirants or persons who have taken the vows of Religious Orders in licensed private hospitals.
(iv) The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) shall take effect on and from 25 July 2001.
(v) This award remains in force until varied or rescinded, the period for which it was made having already expired.
Part B
MONETARY RATES
Table 1 - Wages
|Classification |Rates as from |
| |1-07-2000 |
| |$ per week |
|Medical Officers | |
| | | |
|Resident | |
| |1st year |767.58 |
| |2nd year |843.77 |
| |3rd year |934.86 |
| |4th year |1014.62 |
|Registrar | |
| |1st year |934.86 |
| |2nd year |1014.62 |
| |3rd year |1094.62 |
| |4th year |1171.52 |
|Senior Registrar |1288.48 |
|Scientific Officer - | |
| |1st year |663.02 |
| |2nd year |687.82 |
| |3rd year |729.91 |
| |4th year |780.22 |
| |5th year |834.35 |
| |6th year |887.29 |
| |7th year |930.21 |
| |8th year |960.37 |
|Senior Scientific Officer | |
| |1st year |1032.98 |
| |2nd year |1067.56 |
| |3rd year |1097.60 |
| |4th year |1127.41 |
| |5th year |1158.53 |
| |6th year |1197.87 |
| |7th year |1234.47 |
| |8th year |1265.47 |
|Senior Scientific Officer-in-Charge |
|(a) In charge of a section of a laboratory |
| |1st year |1032.98 |
| |2nd year |1067.56 |
| |Thereafter |1097.60 |
|(b) In charge of a section of a laboratory at a hospital having an A.D.A. of |
| |(i) less than 200 - | |
| |1st year |1127.41 |
| |2nd year |1158.53 |
| |Thereafter |1196.44 |
| |(ii) more than 200 | |
| |1st year |1197.87 |
| |2nd year |1234.47 |
| |Thereafter |1264.64 |
|Principal Scientific Officer |
| |1st year |1307.56 |
| |2nd year |1339.87 |
| |3rd year |1376.11 |
| |4th year |1408.90 |
| |5th year |1443.00 |
| |6th year |1476.86 |
| |7th year |1510.13 |
| |8th year |1545.18 |
| |9th year |1579.04 |
| |10th year |1613.97 |
|Trainee Scientific Officer | |
| |1st year |353.51 |
| |2nd year |383.55 |
| |3rd year |443.76 |
| |4th year |510.29 |
| |5th year |575.39 |
| |6th year |633.81 |
|Nurse Counsellor | |
| |1st year |650.50 |
| |2nd year |681.50 |
| |3rd year |724.42 |
| |4th year |763.05 |
| |5th year |808.24 |
| |6th year |844.60 |
| |7th year |879.42 |
| |8th year |909.94 |
| |9th year |954.17 |
|Psychologists, Audiologists and Research or Project Officers |
| |1st year |644.42 |
| |2nd year |675.18 |
| |3rd year |717.15 |
| |4th year |757.57 |
| |5th year |801.32 |
| |6th year |843.77 |
| |7th year |879.18 |
| |8th year |953.93 |
|Clinical Psychologists | |
| |1st year |913.99 |
| |2nd year |971.70 |
| |3rd year |1025.11 |
| |4th year |1083.17 |
| |5th year |1136.71 |
|Librarian Graduate | |
| |1st year |636.79 |
| |2nd year |662.78 |
| |3rd year |697.60 |
| |4th year |729.79 |
| |5th year |763.05 |
| |6th year |785.58 |
| |7th year |833.75 |
|Dieticians | |
| |1st year |687.82 |
| |2nd year |729.91 |
| |3rd year |780.22 |
| |4th year |834.35 |
| |5th year |887.29 |
| |6th year |930.21 |
| |7th year |960.37 |
|Grade 1 | |
| |1st year |1032.98 |
| |2nd year |1067.56 |
|Physiotherapists, Music Therapists, Speech Therapists |
| |1st year |663.02 |
| |2nd year |687.82 |
| |3rd year |729.91 |
| |4th year |780.22 |
| |5th year |834.35 |
| |6th year |887.29 |
| |7th year |930.21 |
| |8th year |960.37 |
|Medical Records Administrator |
| |1st year |648.59 |
| |2nd year |662.42 |
| |3rd year |676.61 |
| |4th year |690.32 |
| |5th year |708.56 |
| |6th year |724.18 |
| |7th year |742.19 |
| |8th year |782.48 |
|Welfare Officers (Social) | |
| |Adults Grade 1 | |
| |1st year |558.82 |
| |2nd year |592.32 |
| |3rd year |624.63 |
| |4th year |657.65 |
| |5th year |725.73 |
|Adults Grade 2 | |
| |1st year |721.92 |
| |2nd year |753.99 |
|Social Workers | |
| |1st year |650.26 |
| |2nd year |681.50 |
| |3rd year |724.42 |
| |4th year |763.05 |
| |5th year |808.24 |
| |6th year |844.60 |
| |7th year |879.42 |
| |8th year |909.94 |
| |9th year |954.17 |
Table 2 - Other Rates and Allowances
|Item |Clause |Allowance |Amount |
|No. |No. | |$ |
|1 |3.1(iv) |Principal Scientific Officer-Qualification Allowance |36.80 p/wk |
|2 |3.2 |Psychologists, Audiologists and Research or Project Officers | |
| |(ii)(b) |Allowance |40.70 p/wk |
| | |Further Allowance |40.70 p/wk |
|3 |3.5 |Physiotherapist, Occupational Therapist, Speech Pathologist | |
| | | In-Charge Allowance |87.00 p/wk |
|4 |25 |Mileage Allowance | |
| | |Motor Car | |
| | |First 8,000 kilometres per year | |
| | |1,600 cc and over |0.526 p/km |
| | |Under 1600 cc |0.376 p/km |
| | |Over 8,000 kilometres per year | |
| | |1,600 cc and over |0.187 p/km |
| | |Under 1600 cc |0.157 p/km |
| | |Motor Cycle |0.248 p/km |
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(1508) |SERIAL C0736 |
ELURA MINES ENTERPRISE (CONSENT) AWARD 1999
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1021 of 2001)
|Before Mr Deputy President Sams |15 June 2001 |
REVIEWED AWARD
1. Title
This Award shall be known as the Elura Mine Enterprise (Consent) Award 1999.
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Parties Bound
4. Application and Intention
5. Duration
6. Consultation
7. Demarcation
8. Contract of Employment
9. Hours of Work
10. Underground Classifications, Rates of Pay and Allowances.
11. Surface Classifications and Rates of Pity.
12. Overtime
13. Time and Payment of Wages
14. Requirement to Work in Accordance with the Needs of the Industry.
15. Public Holidays
16. Annual Leave
17. Long Service Leave
18. Parental Leave
19. Sick Leave
20. Workers Compensation
21. Bereavement Leave
22. Jury Service Leave
23. Compassionate Leave
24. Authorised Absences
25. Dispute Handling Procedure
26. Anti-Discrimination
27. Utilisation of Contractors
28. Casual and Part Time Employment
29. Retrenchment
30. Protective Equipment
31. Accommodation
32. Superannuation
33. No extra claims
3. Parties Bound
This Award shall apply to and be binding upon:
(i) Pasminco Australia Limited (hereinafter referred to as "the Company"); and
(ii) The Australian Workers Union, New South Wales Branch, the Australian Manufacturing Workers Union and the Electrical Trades Union of Australia, New South Wales Branch
4. Application and Intention
(i) This Award shall apply to all employees of the Company eligible to be members of the Unions employed in classifications covered by this Award engaged in or associated with mining activities and metallurgical plant operations at the Elura Mine in the State of New South Wales.
(ii) This Award has been developed through a process of consultation and participation with all parties and reflects the ongoing commitment of the parties to achieve a safe, efficient and hassle free environment which secures the future of the mine and its stakeholders. The intention is to maintain flexibility with respect to work practices and work patterns and ensure that all work is undertaken without any demarcation whatsoever.
5. Duration
(i) It is agreed between the Company and the Unions that this Award be closed to any general community wage adjustment as may be handed down by the Industrial Relations Commission of New South Wales and/or any other applicable body for the duration of this Award.
(ii) Negotiations for the subsequent renewal of this Award are to commence 6 months prior to expiration of this agreement.
(iii) This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Elura Mine Enterprise (Consent) Award 1999 published on 19 January 2001 (321 IG 866).
(iv) The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) shall take effect on and from 25 May 2001.
(v) This award remains in force until varied or rescinded for the period for which it was made already having expired.
6. Consultation
(i) The parties to this Award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the Company and to enhance the career opportunities and job security for the employees.
(ii) The Company, the employees and the Unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of the mine.
(iii) Measures raised by the Company, employees or Unions for consideration consistent with (ii) above shall be processed through the consultative mechanism and procedures.
7. Demarcation
(i) This Award reflects the intention of the parties to achieve flexibility through a commitment to training to remove all forms of demarcation.
(ii) Employees will work to the best of their ability and perform such work as reasonably required within the bounds of safety, practical competence and training. The performance of tasks will be based on the following criteria:
(a) Safety
(b) Commonsense
(c) Competence
(d) Efficiency
(e) Legal Requirements
(iii) Employees will maintain flexibility with respect to work practices and work patterns including:
(a) acquiring knowledge and skills to perform work as required.
(b) undertaking work and duties consistent with (ii) above.
(c) working a shift roster as determined by mutual agreement pursuant to this Award.
(d) employees who possess relevant skills will train other employees in those skills to ensure that overall competency and flexibility is achieved and maintained.
(iv) In relation to the operation of cranes the following shall apply:
(a) Cranes will only be operated by employees holding the appropriate certification.
(b) All surface Tradesmen and operators may be provided with training in the operation of cranes.
The appropriate certification required to operate cranes is as follows:
8 tonne crane - DNR certificate
20 tonne crane - Workcover Certificate
(v) The cross trade training in the electrical area shall continue and apply.
8. Contract of Employment
(i) Probationary Employment:
(a) All new employees shall be engaged by the Company on a probationary basis for a period of no longer than 12 weeks. The probationary period shall permit the employee to be inducted, undergo initial training and for the assessment of the employee's performance.
(b) During the probationary period either party may terminate employment by giving one day's notice.
(c) During the period of probationary employment the employee's service will count for the purposes of accruing entitlements and benefits which apply under this Award.
(ii) Termination of Employment:
Termination of employment by the Company shall not be harsh, unjust or unreasonable. Employment may be terminated by giving of notice by either party in accordance with the following scale:
|Employee's period of continuous |Period of Notice |
|service with the company | |
|Not more than 1 year |At least 1 week |
|More than 1 year but not more than 3 years |At least 2 weeks |
|More than 3 years but not more than 5 years |At least 3 weeks |
|More than 5 years |At least 4 weeks |
or, in the case of termination by the Company, by pay in lieu of such notice. The period of notice is increased by one week in the went that the employee is over 45 years old and has completed at least 2 years continuous service with the Company.
(iii) Stand down:
(a) The Company shall have the right to deduct payment for any day if an employee cannot be usefully employed because of a strike or through a breakdown in machinery or stoppage of work for which the Company cannot reasonably be held responsible.
(b) An employee whom the Company proposes to stand down in accordance with (a) above, may elect to take for the period of the stand down any annual leave to which he/she is entitled or which is accruing to him/her and upon such election being exercised, the employee's annual leave shall be reduced accordingly.
9. Hours of Work
(i) Hours worked will be arranged in mutually agreed roster systems and in accordance with the requirements of the New South Wales Mines Inspection Act and variations prescribed by the Act.
(ii) All employees shall be allowed two 25 minute meal breaks during a 12 hour shift which shall be counted as time worked. The timing of such meal breaks will be flexible and shall be taken at such time as will not interfere with continuity of work where continuity is necessary.
(iii) Employees engaged in Concentrator operations are required to effect shift changeovers "on the job" at the start and finish of each shift.
Employees may mutually agree to swap shifts in consultation with the supervisors.
10. Underground Classifications, Rates of Pay and Allowances
(i) Mine Production:
(a) The following hourly rates of pay shall be paid to underground production employees effective on creation of the 1999 consent Award.
| |Base Rate |Proficiency Allowance |Total Hourly Rate |
|Miner |11.74 |25.90 |37.64 |
|Production Driller |11.69 |21.20 |32.89 |
|Rock Handling |11.69 |19.10 |30.79 |
|Service |11.20 |13.22 |24.42 |
|Nipper |11.20 |6.25 |17.45 |
(b)
(i) The following shift allowances shall be paid, calculated on an employees base rate, whilst working on normal rostered shifts:
|On a night shift, Monday to Friday |17.5% |
|On a Saturday Shift |50% |
|On a Sunday Shift |100% |
(ii) An employee who is transferred from day work to shift work or is transferred from one shift to another shift shall where practicable, be given 24 hours notice of the proposed change.
(iii) Where the 24 hours notice is not given, the employee shall be paid at overtime rates in lieu of shift allowance until the expiration of such 24 hours. Shifts so worked shall be regarded as part of the employee's normal rostered hours.
(iv) This provision shall not apply where the change is made:
as a result of the employee's request;
for the purpose of effecting customary rotation of shift;
as an alternative to standing employee down in circumstances
which would entitle the Company to deduct payment for the day.
(ii) Underground Tradespersons:
(a) The following hourly rates of pay shall apply to all tradesmen who are permanently employed underground in underground maintenance classifications effective from the creation of the 1999 Award:
|Mechanical Tradesmen |36.75 |
|Electrical Tradesmen |36.75 |
The hourly rates in (a) above are paid for all hours worked.
11. Surface Classifications and Rates of Pay
(i) The following hourly rates of pay shall apply to the following permanent surface classifications from the creation of the 1999 Award:
|Trainee Mill Operator |19.34 |
|Mill Operator Grade 1 |22.59 |
|Mill Operator Grade 2 |23.68 |
|Mill Operator Grade 3 |25.83 |
|Mechanical Tradesman |30.16 |
|Electrical Tradesman |30.16 |
(ii) The hourly rates in (i) above are paid for all hours worked.
(iii) In relation to the classifications applying in the Mill all operators will commence in the classification of Trainee Mill Operator and will be promoted one grade on each occasion an employee is certificated as being competent in each of the following Mill function groups:
Grinding and Pumps
Thickeners and Filters
Flotation and Control Room
(iv) When a surface tradesman is required :o work underground for a full twelve hour shift the tradesman will be paid at the appropriate underground rate of pay as provided for in Clause 10 (ii).
12. Overtime
(i) Overtime shall be paid for all time worked:
(a) In excess of the rostered hours prescribed for each shift, or
(b) On a rostered shift off.
(ii) Overtime hours shall be paid as follows:
(a) For employees paid in accordance with Clauses 10 (ii) and 11 at the appropriate hourly rate.
(b) For employees paid in accordance with Clause 10 (i) the Base Rate will be adjusted and paid at the following rates:
(i) At the rate of time aid one half for the first two hours and double time thereafter on Monday, r to Friday, inclusive.
(ii) At the rate of double time on a Saturday or a Sunday.
(iii) Overtime shall not be paid when the time is worked:
(a) By arrangement between the employees themselves subject to the Company's approval, or
(b) For the purpose of effecting the customary rotation of shifts.
(iv) Call outs:
An employee, who after leaving the job returns to the site by direction of the Company, shall be paid at the appropriate overtime rate referred to in (ii) above for one and one half hours in addition to the time worked on site. Where the call out is continuous with the commencement of his/her normal hours payment for the call out will cease at the commencement time of his/her normal shift.
(v) Rest period after overtime:
(a) When overtime is necessary it shall, wherever practicable, be arranged so that employees have at least 12 consecutive hours off duty between the work of successive days.
(b) Should an employee work so much overtime that he/she has not had, or will not have, at least 12 consecutive hours off duty, he/she shall be released after the completion of such overtime until he/she had had 12 consecutive hours off duty - without loss of pay for normal rostered hours occurring during such absence.
(c) If on the instruction of the Company such employee resumes working without having had such 12 consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she then shall be entitled to be absent until he/she has had 12 consecutive hours off duty without loss of pay for normal working time occurring during such absence. Employees paid in accordance with Clauses 10 (ii) and 11 stall be paid at the appropriate hourly rate until he/she is released from duty for such a period and he/she then shall be entitled to be absent until he/she has had 12 consecutive hours off duty without loss of pay for normal rostered hours occurring during such absence.
(d) The provisions of this sub-clause shall not apply after periods of overtime on an employees normal day off, or where other overtime penalties apply.
(vi) Meal Breaks:
(a) Should an employee be required to work overtime after the completion of his/her normal rostered shift, a meal break of 20 minutes may be taken after 2 hours worked.
(b) All meal breaks taken on overtime shall be allowed without deduction of pay, i.e paid at the appropriate overtime rate of pay.
(c) The Company shall provide a meal at each overtime break.
(d) The sub-clause shall not apply to employees who are working a full overtime shift on Saturday, Sunday or Public Holiday or rostered day off.
For the purpose of this Clause, each day shall stand alone. An employee shall not be compelled to work for more than six hours without a meal break.
13. Time and Payment of Wages
(i) All wages shall be paid fortnightly into a bank account nominated by the employee.
(ii) All employees shall be issued with a Pay Advice explaining the make up of his/her wages including all deductions.
(iii) In the event of an employee's service with the Company terminating, all wages due to the employee shall be paid to him/her on the day the termination is effective.
14. Requirement to Work in Accordance With the Needs of the Industry
(i) It is recognised that the industry is a continuous operation, to this end it is agreed that work arrangements must provide flexibility and will involve implementation of rosters to provide cover on each of the seven days of the week.
(ii) For the purpose of meeting needs of the industry, but subject to Section 29 of the Mines Inspection Act, the Company may require any employee to work reasonable overtime, including work on Saturdays, Sundays and holidays at the rates prescribed by this Award.
(iii) Conditional upon there being no restrictions on working any facet of the operation, every employee will be granted an additional 40 hours annual leave in addition to the entitlement as prescribed by Clause 16 of this Award.
15. Public Holidays
(i) The following days shall be allowed as Public Holidays under this Award: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, ANZAC Day, Queen's Birthday, Labour Day, Elura Picnic Day, Christmas Day, Boxing Day, together with any other days which are proclaimed as Public Holidays for the State of New South Wales.
(ii)
(a) The Elura Picnic Day shall, subject to the provisions of the Sub-Clause, be held on the first Tuesday in November.
(b) The Elura Picnic Day shall commence at the normal time of commencement of the day shift on the Tuesday and shall conclude at the normal time of commencement of the day shift on the next day.
(c) The provisions of (a) and (b) above are subject to the following:
(i) A minimum crew is available to work in the surface operation to maintain Concentrator operations; and
(ii)
(a) Sufficient are reserves are available on the surface to maintain Concentrator operations; or
(b) If sufficient ore reserves are not available on the surface, the Company shall select a minimum crew for underground operations from volunteers to work on that day.
(c) Payment shall not be made for the Elura Picnic Day unless a picnic is held and the employee does attend.
(iii) An employee who is not required to work on a public holiday including a continuous shift worker who is rostered off, shall be paid for the public holiday not worked as follows:
(a) For employees paid in accordance with Clauses 10 (ii) and 11 twelve hours at the employee's appropriate hourly rate.
(b) for employees paid in accordance with Clause 10 (i) twelve hours at the employee's average rostered shift earnings.
This sub-clause shall not apply to employees absent without leave or reasonable excuse on the working day proceeding and the working day succeeding a public holiday.
(iv) An employee required to work on a Public Holiday shall be paid at the appropriate rate appearing in Clause 10, Underground Classifications, Rates of Pay and Allowances or Clause 11 - Surface Classification and Rates of Pay and shall receive a day off in lieu of overtime payments on the basis of one hour off 1 or each hour worked. Employees shall be paid on such day of the rates provided for in (iii) above.
16. Annual Leave
(i) All employees (other than causal employees) shall be entitled to the following periods of annual leave each year of service:
In the case of continuous shift workers, 200 hours per year.
In the case of other employees, 160 hours per year.
(ii) An employee, who during the current twelve monthly period has been engaged for only part of that period as continuous shift worker, shall be entitled to a pro-rata proportion of the leave as allowed for (i) (a) above.
(iii) The annual leave provided for by this Clause shall be allowed and shall be taken and payment not made nor shall it be accepted in lieu of annual leave except:
(a) where employment is terminated.
(b) an employee elects, voluntarily, to have any entitlements in excess of the Annual Holidays Act 1944 (160 hours per year) paid in cash.
(iv) Where a public holiday, for which an employee is entitled to under this Award occurs during the period of annual leave shall be increased by one day in respect of that public holiday and the employees shall be paid at the annual leave rate of pay for the additional day.
(v) For periods of annual leave employees shall be paid as follows:
(a) For employees paid in accordance with Clauses 10 (ii) and 11 at the employees appropriate hourly rate.
(b) For employees paid in accordance with Clause 10 (i) at the employee's average rostered shift, earnings.
17. Long Service Leave
(i) Long Service Leave shall be taken and. paid in accordance with the provisions of the New South Wales Long Service Leave (Metalliferous Mining Industry) Act 1963.
(ii) In the event of an employee terminating his employment having completed five years continuous service with the Company, the employee shall receive payment for Long Service Leave on a pro-rata basis.
18. Parental Leave
All employees are entitled to maternity, paternity or adoption leave in accordance with the provisions of the New South Wales Industrial Relations Act 1996.
19. Sick Leave
(i) An employee's entitlement to sick leave, to be paid at the appropriate hourly rate for employees paid in accordance with Clauses 10 (ii) and 11 and at the average rostered shift earnings shall for employees paid in accordance with Clause 10 (i) shall be as follows:
(a) In his/her first year of employment with the Company, 42 hours.
(b) In his/her second and subsequent years of employment with the Company, 84 hours.
(ii) An employee's entitlement to sick leave will be disbursed as follows:
(a) 50% of the employee's entitlement will be credited to the employee's personal sick leave account except in the first year of service where 100% will be credited to their personal accounts.
(b) 50% of the employee's entitlement will be credited to an "Extended Sick Leave Pool" (ESLP).
(iii) The ESLP will operate as follows:
(a) The ESLP will be utilised in providing sick leave cover for up to a maximum of six months absence, for non-work related illness or injury.
(b) During extended periods of illness the first 42 hours of the absence will be debited to the employee's personal sick leave account, all further absence will be debited against the ESLP.
(c) Subsequent absences for the same medical condition will be debited against the ESLP, regardless of the length of absence, providing that the total absence has not exceeded six months.
(d) Management reserves the right to have any ESLP beneficiary independently medically examined.
(e) ESLP benefits will not be available for maternity/paternity cases.
(iv) Employee's personal sick leave accounts shall accumulate from year to year, but not so as to exceed the equivalent of ten years service (420 hours).
(v) Employee's receiving ESLP benefits for six months will be required to submit to an independent medical examination, to determine the likelihood of a full return to work. Where the examination indicated that the employee will not be able to resume normal duties within the ensuing six months, the employee's services will be terminated and action taken for a benefit to be paid under the Elura Mine Employees Superannuation Fund, Disability Clause.
(vi) Payment for sick leave is totally conditional upon:
(a) The employee, prior to the commencement of such absence, informing the Company of his inability to attend for work, the nature of the illness or injury and the estimated duration of the absence;
(b) The employee furnishing to the Company a doctor's certificate as required.
(vii) An employee is required to furnish a doctor's certificate as follows:
(a) For any absence due to illness of injury in the first three months of service;
(b) For any absence due to illness or injury where the absence is of two or more days duration, notwithstanding that one of the days may be a paid holiday;
(c) For any single day absence due to illness or injury where:
the employee has exhausted his/her sick leave entitlements from their personal sick leave account.
where the two single days sick leave have already been provided in the current year.
(viii) An employee who is absent from work other than on approved leave and does not produce a doctor's certificate as required, shall be deemed to have been absent from work without authorisation.
An employee absent from work, without authorisation, for a period exceeding two days shall be regarded as having terminated his/her employment.
(ix)
(a) After twelve months continuous service, on termination, an employee shall receive payment in recognition of good attendance the equivalent of the balance of their personal sick leave account, accumulated from previous complete years of service, to the maximum provided for is sub-Clause (iv).
(b) For the purpose of this clause, continuous service shall be deemed not to have been broken by:
(i) any absence from work on leave granted by the Company;
(ii) any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall, in each case, be upon the employee.
20. Workers Compensation
Workers compensation shall be administered in accordance with the provisions of the New South Wales Workers Compensation Act of 1926 and 1987. Payments for Workers Compensation shall be paid at the employees hourly rate in the case of those employees paid in accordance with Clauses 10 (ii) and 11 and for all other employees at the employee's average rostered shift earnings.
21. Bereavement Leave
(i) An employee shall be entitled to a maximum of three shifts leave without loss of pay on each occasion and on production of satisfactory evidence of death in Australia of the employee's spouse, father, mother, mother-in-law, father-in-law, brother, sister, husbands or spouses grandparents or child provided this employee attends the funeral and produces satisfactory evidence thereto.
(ii) Where death of a relative outlined in (i) has occurred outside Australia, an employee shall be entitled to a maximum of five shifts leave without loss of pay on each occasion and on production of satisfactory evidence of death and location and provided the employee travels outside Australia to attend the funeral and produces satisfactory evidence thereto.
22. Jury Service
(i) An employee required to attend for jury service during his/her normal rostered working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of his/her attendance on such jury service and the amount of normal wages he/she would have received in respect of the normal rostered time he/she would have worked had he/she not been on jury service.
(ii) An employee shall notify the Company as soon as practicable of the day upon which he/she is required to attend for jury service and shall provide the Company with proof of his/her attendance, duration of such attendance and the amount he/she received in respect thereto.
23. Authorised Absence
(i) In the event that an employee must attend to personal and essential matters during his ordinary working hours, an employee may be granted an authorised absence.
(ii) An authorised absence shall be unpaid and an employee may only apply for up to a maximum of four hours absence at any one time.
24. Personal/Carers Leave
(1) Use of Sick Leave:
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this sub-clause, any current or accrued sick leave entitlement, provided for in sub-clause (ii), Sick Leave, of clause 19, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this sub-clause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this sub-clause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child, (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee, or
(d) a same sex partner who live with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:
(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.
(d) 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 that person's relationship to the employee, the reason 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.
(2) Unpaid Leave for Family Purpose:
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of sub-clause (1) who is ill.
(3) Annual Leave:
(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year to a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this sub-clause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave leading in respect of single day absences, until at least five consecutive annual leave days are taken.
(4) Time off in Lieu of Payment for Overtime:
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment of overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this sub-clause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(5) Make-up Time:
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hour and works those hours at a later time), at the shift work rate that would have been applicable to the hours taken off.
25. Dispute Handling Procedure
(i) General Procedure: The procedure for dealing with disputes between the Company and an employee will be as follows:
(a) Where a dispute arises which cannot be resolved between the employee and/or the employee's representative and the Supervisor, the matter in dispute will be referred immediately to the Section Superintendent.
(b) Failing settlement of the issue at this level, the matter in dispute should be referred to the Department Manager and, if necessary, the General Manager. Discussions will continue between the Management and the employee's representative in an attempt to resolve the matter in dispute on site.
(c) Failing settlement of the issue at this level, the matter in dispute will be discussed with the employee's appropriate representative.
(d) Should the matter not be resolved within 48 hours, the matter will be referred to the appropriate Tribunal under the New South Wales Industrial Relations Act.
(e) Whilst these procedures are continuing, the status quo shall remain and no stoppage of work or any form of limitation of work shall be applied.
(ii) Concerns in relation to safety: It is recognised that problems related to safety and other hazardous situations may arise from time to time which require immediate attention and decision. An unsafe and hazardous situation is a situation on a work site which is considered by employees to endanger their safety.
(a) Where a problem arises in connection with safety, the employee will report the matter to his immediate Supervisor.
(b) If the matter is not resolved, the employee will contact the Check Inspector and the Check Inspector and the Supervisor will immediately confer in an attempt to resolve the matter to the satisfaction of all concerned.
(c) In the event of no immediate agreement being reached, work will be suspended in that situation and the employee re-allocated other work and the matter referred by the Supervisor to the Section Superintendent and then, if necessary, to the Department Manager.
(d) If the matter is still unresolved, the matter will be referred to the Registered Mine Manager.
(e) Failing resolution of the matter by the Registered Mine Manager, the issue will be referred to the Regional Inspector of Mines who shall make the final decision in that capacity.
(f) When it is necessary for work to be done to rectify a dangerous situation the Company and the employees will co-operate to ensure maximum safety to all employees concerned with such work.
(g) Whilst these procedures are continuing, the status quo shall remain and no stoppage of work or any form of limitation or work shall be applied, except as provided in (ii) (c) above.
(iii) Stop Work Meetings:
To minimise work time lost due to Stop Work Meetings, particularly the holding of Stop Work Meetings in Cobar, the following will apply;
(a) The shift production employees will ensure continuing throughput and maintenance of metallurgical performance at all times irrespective of meetings. Tradesmen would make themselves available if required, to ensure performance was maintained.
(b) Prior to the holding of any General Business Stop Work Meeting by any Union, at least 24 hours prior to that meeting, discussions are to be entered into and notice of such meeting be given to the Company.
(c) Meetings will be held on the Mine Lease (but off the site) except for meetings, which the company agrees to be held in Cobar. Accordingly, the Company will make available the off-lease Training Centre or other mutually suitable venue for the holding of such meetings.
(d) The Company will make arrangements for transport to be made available to transport off-duty shift workers to Cobar at the conclusion of any Stop Work Meeting.
26. 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 and age.
(ii) 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.
(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.
(e) This 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."
27. Utilisation of Contractors
The following sets out the agreed policy between the Company and the employees in relation to the use of contractors at the Elura Mine.
(i) The Company and the employees have the common objective of maintaining a relatively constant level of full time employees not subject to a constant fluctuation to meet changes in workload.
(ii) To this end it is the agreed policy that the Company will employ on a full time basis sufficient personnel to:
(a) Fulfil the routine and regular maintenance of the primary equipment and installations used to mine and process the ore.
(b) Fulfil the routine and regular operating functions involved in the mining and treatment of ore.
(iii) Contractors may be used to maintain peripheral or support equipment, service or repair their own or hired equipment, carry our warranty repairs (such repairs restricted to replacement of complete components), provide specialist expertise and services, to handle surges of various types, provide services which are in addition to work normally performed by permanent Elura employees in the normal course of business and for other similar purposes as required.
During the performance of such work, contract labour will work unaccompanied by Elura personnel, except where the contract labour is employed on servicing or troubleshooting equipment new to Elura where Elura personnel's expertise will be enhanced by accompanying the contractor.
Similarly Elura apprentices can be assigned to work with contractors to further their training and expertise.
28. Casual and Part -time Employment
(i) The company may engage employees on a casual or part-time basis to fill temporary shortages of labour or to meet additional work requirements.
(ii) The principles detailed in Clause 27 shall apply when utilising casual or part-time employees.
(iii) A casual employee shall be paid on an hourly basis at the appropriate rates of pay and allowances referred to in Clauses 10 and 11 plus a casual loading of 15% plus annual leave entitlement of 8.3%. This casual loading is paid in lieu of any entitlement to any paid leave as prescribed by this Award.
(iv) A part-time employee shall be paid at the appropriate rate of pay and allowances and shall be entitled, on a pro-rata basis, to any paid leave prescribed by this Award.
(v) Casual and part-time employees shall not be entitled to accommodation benefits as prescribed in Clause 31.
(vi) Casual employees will not be entitled to any retrenchment benefits or other benefits under this Award. Part-time employees will be entitled to a retrenchment benefit prescribed by this Award on a pro-rata basis, excluding any entitlements to relocation expenses.
29. Retrenchment
The Company will make every effort to avoid the need of having to retrench employees. However, in the event of retrenchments becoming necessary, it is agreed between the parties that the retrenchments are not voluntary and arise solely as a result of:
The Company's closure
Economic factors
Introduction of new technology
Restructuring
At the time of retrenchment, the following would apply:
(i)
(a) Method of selection of employees to be retrenched.
When the Company is not affecting a complete shutdown of its activities, the following method of selecting employees to be retrenched shall apply:
In deciding which employees are to be retrenched, the Company shall have the discretion to choose those employees to be retained, if any, where due consideration has to be made for the continuity of operations.
Accordingly, some occupation classes may either be fully exempted from the retrenchment, whist other classes may need to be included in total part of thereof
(b) Employees would be paid the following severance payments in accordance with the State Test Case Provisions 1994:
|Years of Service |Under 45 Years of Age Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less and 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:
|Years of Service |45 Years of Age and Over Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less and 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
Plus an additional one week's payment for each additional year of service, up to a maximum of 15 weeks payment.
(c) Severance payments shall be paid on pro-rata years of service.
(d) All severance payments shall be paid at the higher rate of:
(i) The individuals average rostered shift earnings; or
(ii) The Surface Mechanical Tradesmen's rate as per Clause 11.
(e) "Weeks pay" means 40 hours at the rates calculated in accordance with (d) above.
(ii) Long Service Leave
(a) For employees with more than five years service, 54.6 hours payment for each year of service paid at average rostered earnings.
(b) For employees with less than five years service, 54.6 hours payment for each year of service paid at average rostered earnings.
(iii) All accrued entitlements to sick leave and annual leave will be paid out on termination.
(iv) Employees who are living in Company accommodation may remain in their house or flat, rent free for up to four months from the date of retrenchment.
(v) The Company will provide, on termination, an amount of $2,500 for married personnel and $1,200 for single personnel, to assist with relocation.
(vi)
(a) Should retrenchments become necessary due to economic factors, the Company guarantees to give individuals a minimum of four weeks notice of termination.
(b) Should redundancies occur due to technological change or re-organisations, the Company guarantees to give individuals a minimum of three months notice of termination.
(vii) An employee who is retrenched and is a member of the Company Superannuation Scheme shall receive his/her full account balance i.e. the employee's own contributions and all the Company's contributions, including interest.
(viii) Retrenched employees shall be entitled to an exit health examination by an agreed local doctor, where possible. Such examination to include hearing tests, chest x-ray (if requested), lung capacity tests and such other tests as are deemed appropriate for the type of work in which the persons are engaged.
30. Protective Equipment
(i) Each employee shall be provided with three sets of work clothing and a pair of safety boots on engagement.
(ii) In the event of clothing or boots issued by the Company becoming no longer suitable for protection as a result of "normal wear and tear", replacement clothing and boots will be supplied upon return of the original issue.
(iii) The Company will launder free of charge employees work clothing which has been issued by the Company.
(iv) The Company shall supply all necessary protective and safety equipment required by employees.
31. Accommodation
(i) Those employees who are allocated Company owned accommodation will be required to sign and abide by the provisions of a Tenancy Agreement.
(ii)
(a) The rental on Company Accommodation in Cobar for permanent Elura employees will be deducted from wages and the rental levels are set as follows:
| |Per Week |
| |$ |
|Self contained serviced flat |44.96 |
|Town House |49.07 |
|Three bedroom house |44.96 |
|Four bedroom house |49.07 |
(b) Rental levels will be maintained at the levels for the duration of this agreement.
(c) The Company will subsidise the cost of excess water usage up to a maximum of $200 per year. This subsidy is available to all employees who are responsible for excess water charges whether living in Company accommodation or not.
32. Superannuation
The Company will contribute Superannuation based on 8% of an employee's ordinary time earning. Future increases in Company Superannuation contributions will be made in accordance with the Superannuation Guarantee Legislation.
33. No Extra Claims
It is a term of this Award that the Unions party to this Award undertake that for the period of the Award, they will not pursue any extra claims, award or over award.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(833) |SERIAL C0906 |
TASMAN INSULATION AUSTRALIA PTY LTD (ENTERPRISE) AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1132, 1304 and 3657 of 2001)
|Before The Honourable Justice Kavanagh |21 June 2001 |
REVIEWED AWARD
PART A
1. ARRANGEMENT
PART A
Clause No. Subject Matter
1. Arrangement
2. Hours
3. Allowances
4. Meal Breaks
5. Wages
6. Training
7. Multi-Skilling
8. Consultative Committee
9. Overtime
10. Saturday, Sunday and Holiday Work
11. Holidays
12. Meal Allowances
13. Mixed Functions
14. Contract of Employment
15. Annual Leave
16. Long Service Leave
17. Sick Leave
18. Personal/Carers Leave
19. Payment of Wages
20. General Conditions
21. Dispute Settlement Procedure
22. Compassionate Leave
23. Attendance at Repatriation Centres
24. Trade Union Training
25. Productivity Improvements
26. Redundancy
27. No Extra Wage Claims
28. Superannuation
29. Anti-Discrimination
30. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Classifications and Wages
Table 2 - Other Rates and Allowances
2. Hours
2.1 Day Workers:
The ordinary hours of work shall be a average of thirty eight per week to be worked in five days of eight hours each, Monday to Friday, inclusive, between 6.00am and 6.00pm, other than at the St Mary’s and Rooty Hill warehouses where the dayshift spread of hours shall be between 5am and 3.30pm, inclusive.
2.2 Shift Workers: For the purposes of this clause:
2.2.1 Afternoon Shift means any shift finishing after 6.00pm and at or before midnight.
2.2.2 Continuous Work means work carried on with consecutive shifts throughout the twenty-four hours of each of at least six consecutive days without interruption, except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
2.2.3 Night Shift means any shift finishing after midnight and not later than 8.00am.
2.2.4 Rostered Shift means a shift of which the employee concerned has had at least forty-eight hours notice.
2.3 The ordinary hours of such shift workers shall not exceed:
8 in any one day; or
an average of 38 in one week; or
an average of 76 in 14 consecutive days; or
an average of 152 in 28 consecutive days.
2.4 The ordinary hours of work for day workers and shift workers shall be worked so as to give each employee a paid rostered day off (RDO) duty as though worked in the fourth week of the roster cycle. The parties to this award accept the need for total flexibility in the taking of RDO's and agree to their accumulation and/or substitution for another day/s on an individual employee basis by mutual agreement to facilitate maximum plant efficiency.
2.5 Subject to the following conditions such shift workers shall work at such times as the employer may require -
2.5.1 A shift shall consist of not more than eight hours, inclusive of crib time;
2.5.2 except at the regular changeover of shifts an employee shall not be required to work more than one shift in each twenty-four hours.
2.6 The time of commencing and finishing shifts once having been determined by the employer to suit the circumstances of the establishment may only be varied by seven days' notice of alteration given by the employer to the employee.
2.7 Forty-eight hours notice shall be given to an employee when required to change his/her place on a shift roster or to change from day work to shift work, provided that by agreement with the employee twelve hours notice may be given in lieu of forty-eight hours, and in the absence of such notice (or agreement) overtime rates shall be paid for the unexpired portion of such forty-eight hours; Provided, however, that in cases of emergency over which the company has no control, the hours of shifts and hours of work for any employee may be altered without notice.
2.8 Any employee on continuous shift work is required to remain at his/her post at the end of the shift for a period of up to one hour till relieved. All time so spent after the normal finishing time shall be paid as overtime.
2.9 Notwithstanding anything contained elsewhere in this award where, by reason of the legislation of the State, summer time is prescribed as being in advance of the standard time of the State, the length of any shift:
commencing before the time prescribed by the legislation for the commencement of a summer time; and
commencing on or before the time prescribed by such legislation for the termination of a summer time period,
shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation. In this subclause, the expressions "standard time" and "summer time" shall bear the same meanings as are prescribed by the relevant State legislation.
3. Allowances
3.1 Shift Workers whilst on afternoon shifts shall be paid 15 per cent more than the ordinary day shift rates, and 17½ per cent more than the ordinary day shift rates for night shifts.
3.2 Any employee who during a period of engagement of shift, works night shift only; or remains on night shift for a longer period than four consecutive weeks; or works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one-third of his/her working time off night shift in each cycle, shall during engagement, period or cycle, be paid at the rate of 30 per cent extra for all time worked during ordinary working hours on such night shifts.
3.3 The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Provided that all ordinary time worked on a rostered shift, the greater part of which falls on a Saturday, shall be paid at time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift provisions prescribed in subclauses 3.1 and 3.2 of this clause.
4. Meal Breaks
4.1 Day workers shall be allowed a break of half an hour for a meal on each day of the week, Monday to Friday, inclusive. The period during which such meals shall be taken, when once fixed, shall not be altered without seven days' notice being given by the employer to his/her employees, except by mutual agreement between the employer and the union delegate.
4.2 Any employee called upon to work during the ordinary meal break shall be paid overtime rates for all such time worked; provided that in case of an emergency, where it is necessary to work up to fifteen minutes after the usual ceasing time for lunch, this provision shall not apply.
4.3 In the event of any employee being allowed a period less than thirty minutes for the purpose of having a meal, no deduction shall be made for time so spent by the employee in having a meal.
4.4 Shift workers shall be allowed twenty minutes each shift for crib, which shall be counted as time worked. Such crib break shall be taken not later than six hours from the commencement of each shift.
4.5 An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that an employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.
4.6 Employees shall be supplied with facilities for boiling water or with boiling water.
4.7 Employees shall be entitled to a period of ten minutes in the morning, or once each shift, as a tea break, provided that there is no interruption to the work process.
4.8 An employee required to work overtime for two hours or more after the usual ceasing time shall be allowed twenty minutes crib break to be paid at overtime rates prior to commencing such overtime.
5. Wages
5.1 The weekly rate of pay for adult employees shall be the rate for the classifications as set out in Table 1 - Classifications and Wages, of Part B - Monetary Rates.
5.2 Classification Structure:
The classifications are as per the Classification Structure set out in Table 1 - Classifications and Wages, of Part B, Monetary Rates.
5.2.1 The classification of employees will be based on the skills required for the position they are appointed to.
5.3 Probationary Period:
When an employee is transferred to a higher skills level that transfer shall be subject to a probationary period of one month's satisfactory performance of skills at that level.
5.3.1 New employees will be hired on a basis of a one month probationary period of satisfactory performance of skills at which they were employed.
5.3.2 All employees will assist other employees in gaining new skills and carry out training of such employees as required.
5.3.3 It is not compulsory that existing employees increase their individual skill levels.
5.3.4 An employee acquiring new skills (or assessed as currently holding certain skills) will be required to exercise such skills to be paid at the appropriate skill level.
5.3.5 All employees will be given the opportunity to acquire new skills on a fair and equitable basis subject to the requirement of the company that certain skills must be acquired and carried out at each skill level.
5.4 Casual Employment:
A casual employee is one engaged and paid such. A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly wage prescribed by this award for the work performed, plus 20 per cent.
5.5 Tenure Allowance:
5.5.1 In addition to the rates prescribed in Clause 5.1 there will be an increment as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B Monetary Rates, operative after three weeks employment with a further amount as set out in Item 2 of the said Table 2, payable after six months employment and a further amount as set out in Item 3 of the said Table 2, payable after twelve months employment.
5.5.2 In addition to the rates prescribed in subclause 5.4.1 of this clause there will be an increment of an amount as set out in Item 4 of the said Table 2, operative after two years employment with a further amount as set out in Item 5 of the said Table 2, operative after three years employment.
5.6 Forklift Allowance
5.6.1 Employees qualified as fork lift drivers will be paid an amount as set out in Item 6 of the said Table 2, in addition to the aforementioned rates; Provided that only four employees per shift shall be paid this allowance.
5.7 Operative Dates: The operative dates of the wage and allowances rates are contained in Clause 28.3 and apply in 3 intervals of 12 months each.
6. Training
6.1 All employees covered by this award maybe required to undertake training, as nominated by the company, appropriate to their skill levels or in order to be transferred to a higher skill level.
6.2 Where possible such training shall be carried out on a day shift during an employee's ordinary working hours.
6.3 Employee's may be transferred from afternoon shift to day shift to undertake specified training, such transfer to be without loss of pay.
6.4 An employee may be required to undertake training for up to two hours prior to the commencement of a shift or up to two hours after the completion of a shift; such time to be treated as time worked and paid at ordinary time rates of pay and the provisions of Clauses 9 - Overtime and Clause 12 - Meal Allowances, shall not apply to such time worked.
6.5 After completion of any scheduled training on a daily basis, each employee shall be given at least 8 hours off duty (excluding travelling time) before there is a requirement to resume ordinary hours. Provided that where an employee is rostered to work on the shift on which the training is undertaken then the said employee shall resume normal duties until the completion of such shift.
6.6 Relief arrangements for training purposes shall be organised at the discretion of the company.
6.7 Where training is conducted off site during normal working hours such time shall be treated as ordinary time worked. Provided that reasonable travelling expenses shall be paid.
6.8 Where an employee is required to undertake a course at a TAFE college outside normal working hours such time shall not count as time worked; however any reasonable expenses associated with such course shall be paid by the employer. Provided that where necessary shift workers shall be granted time off to attend such course where it is held during an employees rostered shift. Such time is to count as time worked.
6.9 Rostered Days Off may be re-scheduled to fit in with training schedules by mutual agreement between the company and the employee.
7. Multi-Skilling
7.1 Where an employee is required to carry out adjustments and basis maintenance work to production machinery (either in conjunction with maintenance personnel or independently as agreed), such work will only be required to the level of the employees skill, competency and training and as long as it is does not affect the health and safety of the employees or breach statutory requirements.
8. Consultative Committee
8.1 A Consultative Committee will be established and will comprise of:
The workshop Supervisor and;
The workshop Job Delegate (or his/her nominee);
Other persons as agreed to by both parties
Management Representative/s as delegated.
8.2 The Consultative Committee shall have the following responsibilities:
8.2.1 Assess each position to identify the skills required to efficiently perform the tasks involved. The document created to reflect this information will be referred to as the Classification Skills Register.
8.3 Each employee will be assessed to identify the level of skill that he/she has in each of the individual skills that are listed within his/her classification. The document created to reflect this information will be referred to as the Skills Matrix.
8.4 The assessment ratings to be used will be 1, 2 and 3. A rating of 1 identifies the employee as being unskilled in the activity and requiring full training. A rating of 2 identifies the employee as having the basic skills to perform the task/s. A rating of 3 identifies the employee as being comprehensively skilled in all aspects of the specific activity.
8.5 The Consultative Committee will review the Training Program which will be introduced to enable the implementation of the skills structure contained in Clause 6 - Training and 7 - Multi-Skilling.
8.6 All minutes of the Consultative Committee will be posted on the factory notice board.
8.7 Decisions of the Consultative Committee will be final provided that in the event of a serious dispute the Management and the Union shall be involved in resolving the matter.
9. Overtime
9.1 Day Workers: All time worked before the usual starting time or after the usual finishing time, or in excess of the hours prescribed in Clause 2 - Hours, shall be overtime and shall be paid for at the rate of time and one half for the first two hours and double time thereafter. Each day shall stand alone and all overtime shall be paid for not later than the following pay day.
9.2 An employee recalled to work after having left the premises shall be paid a minimum of four hours at the appropriate rate.
9.3 Shift Workers: Shift workers for all time worked in excess of or outside the ordinary working hours prescribed in this award or on a shift other than a rostered shift shall -
9.3.1 for employees employed on continuos work be paid at the rate of double time; or
9.3.2 if employed on other shift work be paid at the rate of time and a half for the first two hours and double time thereafter.
9.3.3 except in each case when the time worked -
9.3.4 by arrangement between the employees themselves;
9.3.5 for the purpose of affecting customary rotating of shifts.
10. Saturday, Sunday & Holiday Work
10.1 All time worked by employees (other than seven-day shift workers) on Sundays shall be paid for at the rate of double time and for holidays at the rate of double time and a half; Provided that time worked by a shift worker between the usual starting time of the shift and midnight on any Sunday or holiday shall be deemed to be time worked on a Sunday or holiday; Provided further, that where the major portion of a shift is worked on a Sunday or holiday the whole of that shift shall be regarded as the Sunday or holiday, as the case may be, and paid for as such.
10.2 There shall be a minimum payment of 4 hours at the appropriate rate for time worked on a Saturday, Sunday or holiday, provided that such payment shall not apply to work which continuous with work done on the previous or following day; Provided further that such payment shall not apply to ordinary time worked by a seven-day shift worker.
10.3 All ordinary time worked by seven-day shift workers on a Saturday shall be paid for at the rate of time and one half.
10.4 All ordinary time worked by seven-day shift workers on a Sunday shall be paid for at the rate of double time.
11. Holidays
11.1 The following days or the days upon which they are observed shall be holidays; New Year' Day, Australia Day, Good Friday, Easter Monday, Easter Saturday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day, together with all other proclaimed or gazetted public holidays in the district in which they apply and the annual picnic day of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, which shall for the purposes of this award, be deemed to be the 24th of December each year for the previous work day or shift.
11.2 Were a holiday occurs on the rostered day off of a seven-day shift worker, and:
11.2.1 he/she is not required to work on that day the employer shall pay such employee eight hours' ordinary pay in respect of such pay;
11.2.2 he/she is required to work on that day the employer shall pay such employee at the rate of double time and one half for all hours worked with a minimum payment of four hours.
11.3 The employer may, in lieu of the payment of eight hour's ordinary pay prescribed in subclause 11.1, of this clause, add a day to the annual leave period.
12. Meal Allowances
12.1 An employee required to work overtime for two hours or more before or after the usual ceasing time shall be paid an amount as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for a meal. Any employee required to work a further four hours overtime shall be paid a further sum set out in Item 8 of the said Table 2. If an employee has provided a meal and is not required to work overtime he/she shall be paid an amount set out in Item 9 of the said Table 2, for the second meal provided and the amount as set out in Item 10 of the said Table 2, for the second meal provided.
12.2 Provided further that where an employee has been notified on the previous day or shift that he/she will be required to work overtime, there will be no entitlement to the payment of a meal allowance.
13. Mixed Functions
13.1 An employee engaged for more than two hours on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift. An employee who is required temporarily to perform work for which lower rate is paid shall not suffer any reduction in his/her wages whilst so employed; Provided that any work of less than one week's duration shall be deemed to be temporary.
14. Contract of Employment
14.1 After the first three weeks of continuous service, employment shall be by the week and maybe terminated by a week's notice on either side or by payment or forfeiture, as the case may be, of one week's wages in lieu of such notice. Provided that the employer may dismiss any employee at any time for misconduct or wilful disobedience and shall be liable then for the payment of ordinary rates up to the time of dismissal only.
14.2 Employment for the first three weeks of continuous service shall be from day to day at a proportion of the weekly rate fixed. Provided that if any employee is dismissed by the employer during this period, he/she shall be paid at the casual rate.
14.3 Abandonment of Employment:
14.3.1 The absence of an employee from work for a continuous period exceeding three working days without consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his employment.
14.3.2 Provided that if, within a period of fourteen days from his/her last attendance at work or the date of his/her last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause, he/she shall be deemed to have abandoned his/her employment.
14.3.3 Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the latter.
14.3.4 Nothing in this clause shall affect the right of the employer to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.
14.4 Upon request by any employee, the employer shall give an employee a signed statement of service upon termination. Such statement shall certify the period of commencing and ceasing employment, and the class of work upon which the employee was employed.
14.5 Notwithstanding the provisions of subclauses 14.1 and 14.2, of this clause, where on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry in which he/she is engaged, the employer terminates the employment of an employee who has been employed by him/her for the preceding twelve months, he/she shall give the employee three months' notice of the termination of his/her employment: Provided that, if he/she fails to give such notice in full:
14.5.1 he/she shall pay the employee at the rate specified for the employee's ordinary classification as set out in Table 1 - Classifications and Wages, of Part B, Monetary Rates, for a period equal to the difference between three months and the period of the notice given, and
14.5.2 the period of notice required by this subclause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the employer summarily to dismiss an employee for the reasons specified in subclause 14.1 of this clause shall not be prejudiced by the fact that the employee has been given notice pursuant to this subclause of the termination of his/her employment.
Where an employer gives to an employee notice of the termination of his/her employment on account of the introduction or proposed introduction of mechanisation or technological changes, within fourteen days thereafter he shall give notification in writing to the Industrial Registrar, the Director of Vocational Guidance, the Director of Technical and Further Education and the Secretary of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, of the fact, stating the employee's name, address and usual occupation and the date when the employment terminated or will terminate in accordance with the notice given.
15. Annual Leave
15.1 See Annual Holidays Act 1944.
15.2 In addition to the annual leave hereinbefore prescribed, seven-day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed seven consecutive days' leave including non-working days.
15.3 Where an employee with twelve months' continuous service is engaged for part of the twelve-month period as a seven-day shift worker he/she shall be entitled to have the period of twenty-eight consecutive days' annual leave increased by three and one-third hours for each completed month he/she is continuously engaged as aforesaid.
15.4 Where the employment of a seven-day shift worker is terminated and he/she thereby becomes entitled, under Section 4 of the said Act, to payment in lieu of an annual holiday with respect to a period of employment, he/she also shall be entitled to an additional payment of three and one-third hours at such ordinary rate of pay for each completed month of service as a seven-day shift worker.
15.5 Payment for annual leave taken by employees other than seven-day shift workers pursuant to the provisions of subclause 14.1 of this clause, shall be at the ordinary weekly rate plus 17.5 per cent. Payment for annual leave taken by a seven-day shift worker pursuant to the provisions of subclauses 14.2 and 14.3 of this clause, shall be at the average rate of pay as if working, including shift allowances and weekend penalty rates, but not including overtime or a loading of 17.5 per cent, whichever is the greater.
16. Long Service Leave
See Long Service Leave Act 1955.
17. Sick Leave
17.1 The employee shall, where practicable prior to the commencement of the shift, or in any case within 24 hours of the commencement of such absence inform the company of the employees inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.
17.2 Any employee with not less than three months' service who does not attend for duty by reasons of personal ill-health shall be allowed ordinary rates for the actual time of such non-attendance: Provided that in respect of absences in excess of the first two single day absences in each service year he/she produces or forwards within twenty-four hours of the commencement of such absence evidence satisfactory to the management (which may include a Statutory Declaration) that his/her non-attendance was due to personal ill-health.
17.3 An employee shall not be entitled to any allowance on this ground for more than -
17.3.1 5 days in the first years service;
17.3.2 10 days in the second and subsequent service years
Sick leave allowable under this clause may accumulate subject to continuous employment from year to year and be claimed upon by the employee as the occasion warrants.
17.4 No payment shall be made to employees on discharge or resignation in respect of accumulated sick leave.
17.5 Personal ill health does not include ill health the result of misconduct.
18. Personal/Carers Leave
18.1 Use of sick leave:
18.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 18.1.3.2, who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 17 - 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.
18.1.2 The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
18.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
18.1.3.1 the employee being responsible for the care of the person concerned; and
18.1.3.2 the person concerned being:
a spouse of the employee; or
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
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
a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:
relative means a person related by blood, marriage or affinity;
affinity means a relationship that one spouse because of marriage has no blood relatives of the other; and
household means a family group living in the same domestic dwelling.
18.1.3.3 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 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.
18.2 Unpaid Leave for Family Purpose:
18.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subclause 18.1.3.2 who is ill.
18.3 Annual Leave:
18.3.1 An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods of part thereof, in any calendar year at a time or times agreed by the parties.
18.3.2 Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
18.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
18.4 Time off in Lieu of Payment for Overtime:
18.4.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
18.4.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
18.4.3 If, having elected to take time as leave in accordance with paragraph 17.1.1 of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.
18.4.4 Where no election is made in accordance with the said paragraph 18.4.1 the employee shall be paid overtime rates in accordance with the award.
18.5 Make-up time:
18.5.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
18.5.2 An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time, at the shift work rate which would have been applicable to the hours taken off.
18.6 Rostered Days off:
18.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
18.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
18.6.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
18.6.4 This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
19. Payment of Wages
19.1 All wages and overtime shall be processed not later than Thursday in each week.
19.2 Where the employment is terminated before the regular pay time the employee shall be paid all monies due as soon as reasonably possible thereafter.
20. General Conditions
20.1 Suitable lavatory accommodation, dressing rooms and lockers shall be provided by the employer for all employees.
20.2 A lunch room shall be supplied by the employer, separate from any dressing rooms, for the accommodation of the employees.
20.3 Hot and cold showers shall be provided by the employer
20.4 All employees shall be issued with three pairs of work trousers and three shirts per year, the first clothing allowance to be issued after two weeks' service. In addition to the above all employees shall be entitled to one pair of boots per year and one sloppy joe or one jacket alternating each year.
20.4.1 The laundering of the work clothing will be the responsibility of the employee;
20.4.2 work clothing will remain the property of the Company;
20.4.3 a laundry allowance as set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B Monetary Rates, shall be paid to employees required to launder their work clothing in accordance with this subclause.
20.5 Day workers shall be allowed ten minutes before ceasing time for the purpose of washing.
20.6 Where necessary for the performance of their duties, employees shall be provided with and shall wear suitable protective clothing, footwear or equipment as the company considers is necessary for the job. Any such clothing, footwear or equipment so issued, shall remain the property of the company.
20.7 Where any articles issued under the provisions of this clause are not returned to the company upon termination of the employment of any employee, the company may deduct the cost of replacing those articles from any monies owing to the employee.
20.8 As part of the Company's Warehouse Extension Proposal, the company shall provide a covered and sealed carpark for employees. This is planned to commence in the year 2001, with completion in 2002, subject to development approval.
20.9 An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. Johns Ambulance or similar body shall be paid a weekly allowance as set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, if appointed by their employer to perform first aid duty. If temporarily assigned to the role on a daily basis, 1/5 of the weekly allowance will be paid per day.
20.10 An employee who has been trained as a Fire Warden and has the appropriate fire fighting skills and knowledge shall be paid a weekly allowance as set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, if appointed by their employer to perform Fire Warden duty. If temporarily assigned to the role on a daily basis, 1/5 of the weekly allowance will be paid per day.
20.11 The employer shall make available to all employees the option of taking advantage of an income protection policy as agreed to between the parties and which shall include coverage for pre-existing conditions. The employer shall contribute an amount equal to 0.5% of gross earnings (calculated for Superannuation purposes) and the balance shall be funded from the employee's superannuation fund management fees and have no effect on the gross or net income of any employee who elects to take up the option.
20.12 Truck Loading - a permanent employee will be assigned to the Glasswool production line to co-ordinate the disposition of production output from the line into awaiting trucks or warehouse bays. The appointee will participate in all glasswool production line rotational activities.
21. Dispute Settlement Procedure
21.1 Where a conflict or a dispute arises, the parties to this Award agree to adopt the following procedure:
21.1.1 As soon as practicable after the issue or claim has arisen, it shall be considered jointly by the appropriate supervisor, the employee or employees concerned and the union delegate who shall attempt to settle the dispute.
21.1.2 If the dispute is not resolved, the issue or claim shall be considered jointly by the appropriate senior management representative in conjunction with the union delegate who shall attempt to settle the dispute.
21.1.3 If the dispute is not resolved the issue or claim shall be considered jointly by the employer and an official of the union who shall attempt to settle the dispute.
21.1.4 If the dispute is not resolved, the dispute may then be notified to the Industrial Relations Commission of New South Wales.
21.1.5 Without prejudicing either party as to final settlement, normal work should continue throughout the above procedures, save and except for issues of genuine safety.
21.1.6 The above procedures are established and agreed to between the parties in order to minimise the effects of industrial disputes and are entered into a measure and commitment to this effect without limiting the rights of either party.
22. Compassionate Leave
22.1 An employee shall, on the death of a person prescribed in subclause 18.1.3.2, be entitled to leave including the day of the funeral of such relation. Such leave for a period not exceeding two days in respect of any such death shall be without loss of any ordinary pay which the employee would have received if he/she had not been on such leave.
22.2 The right to such paid leave shall be dependent on compliance with the following conditions:
22.2.1 Satisfactory evidence of such death shall be furnished by the employee to his/her employer; and
22.2.2 the employee shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement under this award or otherwise.
22.3 Bereavement Leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Clause 18.1.3.2 Personal/ Carer's Leave, provided that the purpose of bereavement leave, the employee need not have been responsible for the car of the person concerned.
22.4 Provided further, an employee on weekly hiring shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside Australia of an employee's husband, wife, child, father or mother and where such employee travels outside Australia to attend the funeral.
22.5 In the case of a memorial service being held within Australia, two days' leave shall be granted. Where a memorial service is held on the anniversary of the death of a defined relative, one days' leave shall be granted.
23. Attendance at Repatriation Centres
23.1 Employees, being ex-service personnel, shall be allowed, as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment; Provided that -
23.1.1 such lost time does not exceed eight hours on each occasion;
23.1.2 payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Repatriation Department as a result of such visit;
23.1.3 the employee produces satisfactory evidence to the employer that he/she is so required to and subsequently does attend a repatriation centre.
24. Trade Union Training
24.1 The delegate shall be entitled to a maximum of three days' leave per year, paid for by the Company, for the purpose of attending courses operated by the Trade Union Training Authority.
25. Productivity Improvements
25.1 Productivity improvements from the last award will continue until they are implemented consistent with the commitment given by the parties.
25.2 During the life of this award the parties are committed to the development and investigation of:
25.2.1 introduction of new and existing equipment
26. Redundancy
26.1 Application and Definition:
26.1.1 The provisions of this clause shall apply to employees of Tasman Insulation Australia Pty Limited covered by this award.
26.1.1.1 a general downturn in activities brought about by a decline in market demand or unavailability of resources or materials;
26.1.1.2 restructuring of Tasman Insulation Australia Pty Limited operations, reorganisation of work systems or staffing levels; and
26.1.1.3 mechanisation or technological change.
26.1.2 Redundancy occurs where Tasman Insulation Australia Pty Limited has made a definite decision that it no longer wishes the job that the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.
26.1.3 Retrenchment shall mean the termination of employment as the result of redundancy and where alternative employment is not available or retraining appropriate.
26.1.4 The parties agree that termination benefits in excess of the relevant award provision will only be payable in circumstances of retrenchment and be subject to the following conditions. Provided further that no retrenchment shall apply where alternative comparable employment is offered by the Company in accordance with subclause 26.5 of this clause or where an employee is terminated for reasons other than those specified in subclauses 26.1.1.1, 26.1.1.2 and 26.1.1.3 of this clause.
26.2 Consultation and Selection Process:
In determining the employees to be retrenched, Tasman Insulation Australia Pty Limited will consult with the appropriate union and the Joint Consultative Committee (JCC). Decisions will, wherever possible, be made by consensus; however, where consensus cannot be reached, managerial responsibility and prerogative will prevail. The selection criteria will be primarily based on the following:
Length of service (i.e., the shortest-term employee shall be considered).
Skill and versatility.
Voluntary retrenchments (will depend on Tasman Insulation Australia Pty Limited skill needs).
Affirmative action criteria.
Ability to transfer to other locations.
All parties will adhere to the requirements of the (relevant) State workers' compensation Act in relation to employees suffering work-related incapacities and disabilities.
Unless agreement is reached between Tasman Insulation Australia Pty Limited and the unions, casuals will not be retained when permanent employees are to be retrenched.
26.3 Period of Notice:
26.3.1 Tasman Insulation Australia Pty Limited will consult employees and the appropriate union at the earliest opportunity should the circumstances provided for in subclause 26.1 of this clause arise. Tasman Insulation Australia Pty Limited will endeavour to give no less than one month's notice of pending redundancy.
26.3.2 Tasman Insulation Australia Pty Limited will provide an itemised statement of all retrenchment payments, if any, due to an employee who is under notice of redundancy. The Employee will receive this within seven days of receiving notice.
26.3.3 Tasman Insulation Australia Pty Limited will give a minimum of four weeks formal notice or pay in lieu of notice to affected employees. The period of notice will be increased by one week if the affected employee is over 45 years of age and has completed at least two years' continuous service with Tasman Insulation Australia Pty.
26.3.4 Tasman Insulation Australia Pty Limited should not, within a period of 12 weeks prior to any retrenchments, knowingly transfer an employee into a position which is to become redundant.
26.4 Employees Under Notice:
An employee who has been given formal notice of retrenchment may, with the agreement of Tasman Insulation Australia Pty Limited elect to resign prior to the effective date of the employee's retrenchment notice. In such cases, any payments arising under this subclause will be calculated to the date the resignation takes effect. Tasman Insulation Australia Pty Limited shall not unreasonably withhold agreement. The employee will not be entitled to the balance of the unexpired notice but will be entitled to the benefits prescribed under subclause 26.14.
26.5 Alternative Position:
Where Tasman Insulation Australia Pty Limited has made positions redundant at one site for the reasons set out in subclauses 26.1.1.1, 26.1.1.2 and 26.1.1.3 of this clause, Tasman Insulation Australia Pty Limited will attempt to place any employee(s) in a position comparable in capacity or character. That is, a position which is at the same classification level, which in Tasman Insulation Australia Pty's Ltd opinion does not entail a change significant enough in capacity or character to be unreasonable in the circumstances of the employee's skills and abilities and which is at the same location or at another location which is reasonable commuting distance. In these circumstances, no retrenchment has taken place and no retrenchment payment will be made.
26.5.1 Where the employee is offered employment at the same site, a one-month trial period shall be allowed, during which the employee can decline the offer.
26.5.2 Where the employee is offered employment at a different location, a three-month trial period shall be allowed, during which the employee can decline the offer.
If the employee declines the offer within the trial period, the employee will be retrenched as per this award. Following expiration of the trial period and in the absence of written advice to the contrary, the employee will be deemed to have accepted the position and have no entitlement to a retrenchment payment.
26.6 Wage Rate Maintenance in Alternative Positions - When an employee accepts a position within Tasman Insulation Pty Limited at a lower rate of pay, the employee will maintain their rate of pay immediately prior to notice of transfer until such time as it is equalled or is exceeded by the new classification rate of pay.
26.7 Time to Attend Interviews if no Alternative Position
26.7.1 In the case of an employee who is to be retrenched, Tasman Insulation Australia Pty Limited shall make every endeavour to assist the employee to find suitable employment. From the time an employee receives notice of retrenchment and up to the date of termination, one day's time off work will be granted during each week of notice to the employee, without loss of the employee's ordinary-time rate of pay, to attend employment interviews or a counsellor to receive financial advice; provided that if proof of the interview or meeting is required by Tasman Insulation Australia Pty, such proof will be given.
26.7.2 Tasman Insulation Australia Pty Limited shall give to the employee, not later than the time of termination, a certificate of service in writing indicating the period of the employee's employment and the reason for termination.
26.8 Re-employment
26.8.1 Employees who are retrenched by Tasman Insulation Australia Pty Limited may apply for any subsequent externally advertised vacancies which may arise and such employees shall receive preferable consideration for re-engagement in classifications for which they have appropriate skills.
26.9 Continuity of Service
26.9.1 Employees who are re-employed within 12 months of their termination shall be deemed not to have broken their continuity of employment for the purposes of the award and the Long Service Leave Act 1955, but the period of absence shall not be counted as service.
26.9.2 If, after re-engagement, an employee's services are terminated for any reason either by Tasman Insulation Australia Pty Limited or the employee, the employee shall not receive payments for any entitlements (i.e., long service leave and redundancy) for which the employee has previously received payment on account of redundancy made in accordance with this clause or, where relevant, any similar agreement or arrangement which may have preceded this clause.
26.10 Annual Leave
26.10.1 Entitlement to accrued annual leave or payment in lieu thereof shall be paid as per each employee's entitlement as determined at the termination date. Annual leave loading will be applied to this payment.
26.11 Long Service Leave
26.11.1 Entitlement to long service leave or payment in lieu thereof shall be determined in accordance with the Long Service Leave Act 1955.
26.12 Sick Leave
26.12.1 Tasman Insulation Australia Pty Ltd will not make a payment for unused accumulated sick leave.
26.13 Superannuation
26.13.1 Superannuation benefits will not be limited or offset against severance payments provided by this award. Tasman Insulation Australia Pty Limited will provide information to employees regarding their entitlements within 30 days of receiving notice.
26.14 Retrenchment
26.14.1 Employees with more than 12 months' service shall be paid retrenchment payments as follows:
26.14.1.1 Three weeks' pay per year of completed service and pro rata payment for completed months of service paid on the actual day termination is to take effect.
26.14.1.2 A week's pay shall mean an employee's normal weekly payment at the time of receiving notice. This rate of pay shall include any allowances normally paid (which means the current average weekly payment to the employee, including all relevant allowances being received).
26.14.1.3 The payments provided for in this subclause shall not exceed either:
the employee's ordinary earnings to the date when their employment would have ceased in any event; or
a maximum of 54 weeks' pay
26.15 Miscellaneous
26.15.1 Should an employee under notice of retrenchment die prior to the nominated date of termination, all benefits of this clause to which such employee was entitled shall be paid to the trustee of the estate of the employee in the same manner as any other outside payments due.
26.15.2 The benefits provided for in this clause shall be the actual benefits paid and no additional claims will be made during the life of this clause.
26.15.3 This clause shall not apply to casual or temporary employees.
26.15.4 Where agreement is unable to be reached, either party may progress the matter through the grievance and dispute settling procedures.
26.15.5 This clause shall operate for the period of this award, after which it shall remain valid until such time it is reviewed.
27. No Extra Wage Claims
27.1 The union and the employees undertake that for the life of this award, they will not pursue any extra wage claims.
28. Superannuation
The subject of Superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. Provided that payments will be made on a monthly basis.
28.1 Subject to the requirements of this legislation, superannuation contributions are made to:
AMP Insulfund Superannuation Fund.
29. Anti-Discrimination
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.
29.1 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award in Clause 21 - Disputes Procedures 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.
29.2 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
29.3 Nothing in this clause is taken to affect:
29.3.1 any conduct or act which is specifically exempted from anti-discrimination legislation;
29.3.2 offering or providing junior rates of pay to persons under the age of 21 years;
29.3.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.
29.3.4 a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
30. Area, Incidence & Duration
30.1 This award shall apply to all fulltime employees of the classes herein mentioned in the Classification Structure who are employed by Tasman Insulation Australia Pty Limited at Rooty Hill and St Marys, NSW.
30.2 It rescinds and replaces the Tasman Insulation Australia (Enterprise) Award published 6 August 1999 (310 IG 282), and all variations thereof, and the Miscellaneous Workers - Insulco Pty Ltd (State) Superannuation Award published 14 September 1988 (249 IG 1151).
30.3 It shall take effect from the first pay period commencing on or after 21 June 2001, and shall remain in force thereafter for a period of three (3) years.
PART B
MONETARY RATES
Table 1 - Classifications and Wage Rates
|Category |Classifications |Year 1 -2001 |Year 2 -2002 |Year 3 -2003* |
| | |$ |$ |$ |
|A |Glasswool Production - Cleaning |567.13 |589.82 |610.46 |
| |Glasswool Factory Product Hand | | | |
| |Warehouse Storeperson Level 1 | | | |
|B |Glasswool Line Attendant |582.51 |605.81 |627.01 |
| |Warehouse Storeperson Level 2 | | | |
|C |Glasswool Batch-House Production |594.30 |618.07 |639.70 |
| |Warehouse Storeperson Level 3 | | | |
| |Foil Plant Machine Operator | | | |
|D |Glasswool Hot End Operator |598.60 |622.54 |644.33 |
| |Warehouse Receiving Storeperson | | | |
| |Warehouse Leading Hand | | | |
|E |Glasswool Senior Line Attendant Level 1 |615.10 |639.70 |662.09 |
| |Foil Plant Leading Hand | | | |
|F |Glasswool Senior Line Attendant Level 2 |658.47 |684.81 |708.78 |
| |Foil Plant Senior Leading Hand | | | |
| |Warehouse Senior Leading Hand | | | |
|G |Glasswool Temporary Supervisor |753.87 |784.02 |811.47 |
| |Foil Plant Foreman | | | |
|* If the published CPI is higher than 3.5% the increase will be increased to equal the CPI movement. The |
|specific CPI period to be used is the 1st April 2002 to 30th March 2003. The specific CPI publisher will be |
|the Australian Bureau of Statistics. |
Table 2 - Other Rates and Allowances
|Item |Clause |Brief Description |Year 1- |Year 2- |Year 3 |
|No. | | |2001 |2002 |2003* |
| | | |$ |$ |$ |
|1 |5.5.1 |Tenure Allowance - Increment Operative after |$5.68 |$5.91 |$6.11 |
| | |three weeks employment | | | |
|2 |5.5.1 |Tenure Allowance - Increment Operative after six |$5.68 |$5.91 |$6.11 |
| | |months employment - a further | | | |
|3 |5.5.1 |Tenure Allowance - Increment Operative after |$5.68 |$5.91 |$6.11 |
| | |twelve months employment - a further | | | |
|4 |5.5.2 |Tenure Allowance - Increment Operative after |$11.74 |$12.21 |$12.64 |
| | |two years employment | | | |
|5 |5.5.2 |Tenure Allowance - Increment Operative after |$11.74 |$12.21 |$12.64 |
| | |three years employment | | | |
|6 |5.6.1 |Forklift Allowance |$11.24 |$11.69 |$12.10 |
|7 |12.1 |Meal Allowance - Employee required to work |$7.90 |$8.22 |$8.50 |
| | |overtime for two hours or more | | | |
|8 |12.1 |Meal Allowance - Employee required to work |$7.04 |$7.32 |$7.58 |
| | |further four hours overtime | | | |
|9 |12.1 |Meal Allowance - If employee has provided meal |$7.90 |$8.22 |$8.50 |
| | |and is not required to work overtime - first meal | | | |
|10 |12.1 |Meal Allowance - If employee has provided meal |$7.04 |$7.32 |$7.58 |
| | |and is not required to work overtime - second meal | | | |
|11 |20.4.3 |Laundry Allowance - Employees required to |$8.04 |$8.36 |$8.65 |
| | |launder their work clothing | | | |
|12 |20.9 |First Aid Allowance |$10.00 |$10.40 |$10.76 |
|13 |20.10 |Fire Warden Allowance |$10.00 |$10.40 |$10.76 |
|* If the published CPI is higher than 3.5% the increase will be increased to equal the CPI movement. The |
|specific CPI period to be used is the 1st April 2002 to 30th March 2003. The specific CPI publisher will be |
|the Australian Bureau of Statistics. |
T. M. KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.
|(1000) |SERIAL C0905 |
LIDCOMBE CASTLEREAGH WASTE MANAGEMENT CENTRE ENTERPRISE AWARD 1997
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1112 of 2001)
|Before Commissioner Patterson |22 June 2001 |
REVIEWED AWARD
Clause No. Subject Matter
1. Title
2. Definitions - General
3 Safety
4. Training
5. Consultative Committee
6. Salaries
7. Allowances
8. Contract f Employment
9. Payment Of Wages
10. Higher Duties
11. Hours Of Duty
12. Overtime
13. Leave
14. Recreation Leave
15. Sick Leave
16. Personal / Carer’s Leave
17. Training Leave
18. Jury Service
19. Extended Leave
20. Leave Without Pay (LWOP)
21. Study Leave And Study Time
22. Protective Clothing
23. Holidays
24. Medical Examinations
25. Notice Boards
26. Grievance And Dispute Settling Procedures
27. Maternity Leave
28. Parental Leave
29. Adoption Leave
30. Bereavement Leave
31. Part Time Work
32. Job Share Arrangements
33. Redundancy
34. Anti-Discrimination
35. Payroll Deductions
36. Further Claims
37. Declaration
38. Area, Incidence And Duration
Attachment A: Undertakings
Attachment B: Work Practices
Attachment C: Grading Of Positions
This Award is made between the Lidcombe Liquid Waste Plant And Castlereagh Waste Management Centre and the Australian Workers Union [NSW Branch] and the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.
1. Title
This award shall be known as the Lidcombe Castlereagh Waste Management Centre Enterprise Award 1997.
2. Definitions - General
"Act" means the Waste Recycling & Processing Act 1970.
"Association" means the Public Service Association and Professional Officer’s Association Amalgamated Union of New South Wales.
"Annualised Pay" are the rates of pay scheduled at clause 6.2 of this Award.
The annualised pay rate is the ordinary time salary paid to all employees on continuous shift work and includes penalty rates and allowances associated with shift work.
"Award" means this Enterprise Award.
"Base Pay" is the rates of pay scheduled at clause 6.1 of this Award.
These rates include a sum previously paid as a 17½% annual leave loading and for the classifications of Process Operators, Maintenance Services Technicians (all grades) and Waste Receival/Plant Attendants the sum of $528 previously paid in recognition of special qualifications and the holding of a first aid certificate and a fork lift driver's licence.
"Castlereagh" means the Castlereagh Waste Management Centre.
"Clerical Officer Castlereagh" means a staff member whose duties include clerical, typing and weighbridge functions at the Castlereagh Waste Management Centre.
Salary range is LWO Grade 1 level 1 to LWO Grade 2 level 5 (in 6 steps).
"Clerical Officer LWP" means a staff member whose duties include clerical stenographic and weighbridge functions in the Liquid Waste Plant administration office.
Salary range is LWO Grade 2 level 5 to LWO Grade 4 level 3 (in 6 steps).
"Clerk/Laboratory Attendant" means a staff member whose duties include clerical tasks and analytical checks required for the acceptance of liquid waste into the Plant, general clerical and typing support in the weighbridge office and general analytical support in the laboratory.
Salary range is LWO Grade 1 level 3 to LWO Grade 4 level 3 (in 10 steps).
"Continuous Shift Worker" means a staff member working on a seven-day shift roster which requires the member to be regularly rostered to work on Saturdays, Sundays and Public Holidays.
"Dayworker" means a staff member whose ordinary hours of work are normally performed between 6.00 am. and 6.00 p.m. daily, Monday to Friday.
"Field Officer Castlereagh" means a staff member whose duties comprise all day to day activities at the Castlereagh Waste Management Centre.
Salary range is LWO Grade 1 level 1 to LWO Grade 2 level 5 (in 7 steps).
"General Manager Business Operations" is the General Manager Business Operations of the Waste Service.
"Laboratory Chemist" means a staff member who holds a degree or diploma in Analytical or Industrial Chemistry or equivalent and whose duties generally relate to the supervision and / or conduct of analytical work done in the laboratory.
Salary range is LWO Grade 2 level 5 to LWO Grade 9 level 4 (in 15 steps).
"Laboratory Manager LWP" means a staff member who holds a degree in analytical or industrial chemistry and whose duties are the overall management of the LWP laboratory.
Salary range is LWO Grade 9 level 3 to LWO Grade 11 level 2 (in 7 steps).
"Laboratory Technician" means a staff member who holds the equivalent of a Chemistry Certificate or who has appropriate experience and where duties are generally related to the work carried out in the plant laboratory.
Salary range is LWO Grade 1 level 5 to Grade 6 level 3 (in 14 steps).
"Liquid Waste Officer" means the single classification structure by which all staff members are entitled graded under the terms of this Award.
"LWP Supervisor" means a staff member who holds relevant qualifications and has extensive process plant experience whose duties comprise the supervision of day to day activities at the Liquid Waste Plant.
Salary range is LWO Grade 6 level 3 to LWO Grade 8 level 5 (in 7 steps),
"Manager - Liquid Waste Plant" means the Manager Liquid Waste Plant of the Waste Service [formerly known as the Plant Manager].
"Maintenance Services Technician" - Grade 1 means a staff member, other than a qualified trades person, who is semi-skilled and experienced in general plant maintenance and who may be required to hold a Certificate of Competency for performance of work such as, but not limited to, rigging or erection of scaffolding.
Salary range is LWO Grade 1 level 5 to LWO Grade 3 level 1 (in 5 steps).
"Maintenance Services Technician" - Grade 2 means a qualified trades person experienced in general plant maintenance.
Salary range LWO Grade 3 level 2 to Grade 3 level 5 (in 3 steps).
"Maintenance Services Technician" - Grade 3 means a qualified trades person who, in addition to being experienced in general plant maintenance, holds post-trade specialist qualifications and who is required to perform duties higher than those performed by a Maintenance Services Technician Grade 2.
A Maintenance Services Technician Grade 2, who has had more than 5 years experience at the LWP level shall be entitled to progress to Maintenance Services Technician Grade 3.
Salary range is LWO Grade 4 level 3 to LWO Grade 5 level 6 (in 7 steps).
"Maintenance Services Technician Special Grade" means a qualified electrical trades person who holds a post trade industrial electronics qualification and who has completed two years experience at the Plant.
Salary range is LWO Grade 5 level 5 to LWO Grade 6 level 4 (in 4 steps).
"Managing Director" means the Chief Executive Officer of the Waste Recycling and Processing Service of New South Wales as listed in Part 3, Schedule 3A of the Public Sector Management Act 1988.
"Non-Continuous Shift Worker" means a staff member whose ordinary hours of work are normally performed on either a two or three-shift roster, Monday to Friday.
"Plant" means the Liquid Waste Plant, a business unit of the Waste Service.
"Plant Systems Engineer" means a staff member who holds a degree in Chemical Engineering or a related engineering discipline and who is eligible for graduate membership of the Institution of Engineers. Their duties include the development and maintenance of all computer based management systems and process control systems in the Plant and co-ordinating the Plants quality management processes.
Salary range LWO Grade 6 level 3 to LWO Grade 10 level 3 (in 10 steps).
"Plant Mechanical Engineer" and "Plant Electrical Engineer" means a staff member who holds a degree or diploma in Mechanical or Electrical Engineering or equivalent and who is eligible for membership of the Institution of Engineers.
Their duties include an overview and planning of all maintenance activities at the Plant providing advice on relevant engineering matters and developing capital expenditure programs for the Plant.
Salary range is LWO Grade 6 level 3 to LWO Grade 10 level 3 (in 10 steps).
"Process Engineer" means a staff member who holds a degree in Chemical Engineering and who is eligible for graduate membership of the Institution of Engineers. Their duties include providing advice on process matters at the Plant, developing proposals for modifications to the Plant, monitoring all aspects of Plant performance and managing the Plant safety program.
Salary range LWO Grade 8 level 4 to LWO Grade 11 level 2 (in 9 steps).
"Process Operator" means a staff member who is required to operate all or any part of the waste treatment plant, whether such operations be performed on day work or on shift.
Salary range for shift process operators is LWO Grade 2 level 3 to LWO Grade 4 level 4 (in 8 steps).
Salary range for day work process operators is LWO Grade 2 level 3 to LWO Grade 4 level 5 (in 8 steps).
"Staff" means all persons who are permanently or temporarily employed under the Act at the Liquid Waste Plant and Castlereagh Secure Landfill Depot and who, as at the operative date of this Award were occupying one of the positions covered by the Award, or who, after that date, are appointed to or employed in one of such positions.
"Technical Sales Officer LWP" means a staff member whose duties generally relate to contact with and providing service and technical advice to Liquid Waste customers.
Salary range is LWO Grade 6 level 2 to Grade 9 level 4 (in 9 steps).
"Union" means the Australian Workers Union [N.S.W. Branch].
"Waste Receival / Plant Attendant" means a staff member whose normal duties include but are not limited to the receipt and transfer of waste materials housekeeping, plant servicing and other general plant duties.
Salary range is LWO Grade 1 level 1 to LWO Grade 3 level 1 (in 7 steps)
"Waste Service" means the Waste Recycling and Processing Service of New South Wales.
3. Safety
One bonus payment of $75.00 to each employee at each respective location, party to this Award, will be made on the achievement of 1 year without a lost time accident at the respective location, this effective from the date of making the Award. Each location stands alone.
4. Training
(1) Training which is relevant to the development of each individual member of staff will be provided. Full consultation will occur between the Manager Liquid Waste Plant or General Manager Business Operations, the staff concerned and their staff representatives to discuss the implementation of training initiatives. These initiatives will be detailed in a separate and mutually agreed upon document to be drawn up within three (3) months of the making of this award.
(2) Staff training and the attainment of skills will be linked to job requirements which will be determined by the Manager Liquid Waste Plant or General Manager Business Operations in consultation with staff concerned and their representatives.
(3) All staff are required to hold a set of basic skills in performing their day to day duties. These are: general computing skills; ability to operate the weighbridge; ability to handle public enquiries and for process shift operators, the holding of a first aid certificate. Staff will be provided with training if they do not hold these skills at the time of the making of this Award.
(4) In addition to the skills required in clause 4.3, Maintenance Service Technicians, Process Operators, Waste Receival Officers and Liquid Waste Plant Supervisors are required to hold fork lift drivers certificates.
(5) Castlereagh: In addition to the skills required in clause 8.4, the following positions at Castlereagh will have:
(a) Field Officer: Experience with ability to operate earthmoving equipment.
(b) Field Officer: Class 3 or higher licence for driving heavy vehicles.
(c) Clerical Officer: Basic word processing skills.
5. Consultative Committee
The consultative committee will continue to function placing a strong emphasis on workplace safety programs and general occupational health and safety and environmental requirements. The committee will meet on a monthly basis, or when the need arises. It will continue to provide a forum for monitoring implementation of this award. Some staff members of the enterprise award negotiating committee may be members of the consultative committee and the Waste Service NSW Joint Consultative Committee.
6. Salaries
The rates of pay for staff covered by this Award are as follows:
(a) Rate applicable from first full pay period after 1 January 2000. This represents a 2% general increase.
(b) Rate applicable from first full pay period after 1 January 2001. This represents a 2% general increase.
|Liquid Waste Officer (LWO) | |A |B |
| | |$ per annum |$ per annum |
| | | | |
|LWO Grade 1 |Level 1 |$32,779 |$33,435 |
| |Level 2 |$33,454 |$34,123 |
| |Level 3 |$33,946 |$34,625 |
| |Level 4 |$34,657 |$35,350 |
| |Level 5 |$35,246 |$35,951 |
|LWO Grade 2 |Level 1 |$35,787 |$36,503 |
| |Level 2 |$36,424 |$37,152 |
| |Level 3 |$37,124 |$37,866 |
| |Level 4 |$37,762 |$38,517 |
| |Level 5 |$38,401 |$39,169 |
|LWO Grade 3 |Level 1 |$38,769 |$39,544 |
| |Level 2 |$39,519 |$40,309 |
| |Level 3 |$39,898 |$40,696 |
| |Level 4 |$40,636 |$41,449 |
| |Level 5 |$41,004 |$41,824 |
|LWO Grade 4 |Level 1 |$41,704 |$42,538 |
| |Level 2 |$42,084 |$42,926 |
| |Level 3 |$42,845 |$43,702 |
| |Level 4 |$43,594 |$44,466 |
| |Level 5 |$44,232 |$45,117 |
|LWO Grade 5 |Level 1 |$44,504 |$45,394 |
| |Level 2 |$45,152 |$46,055 |
| |Level 3 |$46,468 |$47,397 |
| |Level 4 |$47,510 |$48,460 |
| |Level 5 |$48,222 |$49,186 |
| |Level 6 |$50,274 |$51,279 |
|LWO Grade 6 |Level 1 |$51,133 |$52,156 |
| |Level 2 |$53,526 |$54,597 |
| |Level 3 |$54,140 |$55,223 |
| |Level 4 |$54,631 |$55,724 |
| |Level 5 |$55,111 |$56,213 |
|LWO Grade 7 |Level 1 |$55,675 |$56,789 |
| |Level 2 |$56,166 |$57,289 |
| |Level 3 |$56,755 |$57,890 |
| |Level 4 |$57,885 |$59,043 |
| |Level 5 |$58,460 |$59,629 |
|LWO Grade 8 |Level 1 |$59,075 |$60,257 |
| |Level 2 |$59,554 |$60,745 |
| |Level 3 |$61,456 |$62,685 |
| |Level 4 |$62,709 |$63,963 |
| |Level 5 |$63,384 |$64,652 |
|LWO Grade 9 |Level 1 |$64,698 |$65,992 |
| |Level 2 |$67,093 |$68,435 |
| |Level 3 |$67,829 |$69,186 |
| |Level 4 |$69,117 |$70,499 |
| |Level 5 |$69,794 |$71,190 |
|LWO Grade 10 |Level 1 |$71,167 |$72,590 |
| |Level 2 |$72,555 |$74,006 |
| |Level 3 |$73,943 |$75,422 |
| |Level 4 |$74,666 |$76,159 |
| |Level 5 |$76,140 |$77,663 |
|LWO Grade 11 |Level 1 |$78,806 |$80,382 |
| |Level 2 |$81,486 |$83,116 |
(2) Annualised Rates of Pay - Continuous Shift Workers (see clause 18.10)
(a) Rate applicable from first full pay period after 1 January 2000. This represents a 2% general increase.
(b) Rate applicable from first full pay period after 1 January 2001. This represents a 2% general increase.
|Continuous Shift Workers | |A |B |
| | |$ per annum |$ per annum |
|LWO Grade 2 |Level 3 |$56,663 |$57,796 |
| |Level 4 |$57,638 |$58,791 |
|LWO Grade 3 |Level 1 |$59,175 |$60,359 |
| |Level 2 |$60,318 |$61,524 |
| |Level 4 |$62,022 |$63,262 |
| |Level 5 |$62,584 |$63,836 |
|LWO Grade 4 |Level 3 |$65,394 |$66,702 |
| |Level 4 |$66,537 |$67,868 |
(3) Increments
(i) Payment:
(a) The payment of an annual increment under this Award shall be made only with the prior approval of the Managing Director or a duly authorised officer and will be generally payable on the anniversary of appointment of the staff member to their position.
(b) The payment of an increment to a staff member is subject to:
A. Satisfactory conduct of, and satisfactory performance of duties by, the staff member as determined by the Manager Liquid Waste Plant or General Manager Business Operations for the Plant and Castlereagh respectively; and
B. Satisfaction of any requirements contained in this Award for progression of that classification of the staff member.
(ii) Performance Related Pay:
(a) Outstanding performance as recorded within the Waste Services Performance Management & Development System may be recognised by the Waste Service on the recommendation of the Manager Liquid Waste Plant or General Manager Business Operations on an individual basis by the application of a bonus payment system (progression of up to a maximum of two (2) incremental salary levels) above the staff member's substantive salary level (Clause 6 - Salaries sets out the salary levels). Such bonus will be incorporated into an individual salary if the bonus is awarded for outstanding performance over two (2) consecutive years.
(iii) Deferral:
(a) The payment of an increment to an employee as set out in sub-clause 6.3[i] may be deferred from time-to-time on the recommendation of the Manager Liquid Waste Plant or the General Manager Business Operations if the performance or conduct has been documented as unsatisfactory, but may not be deferred for more than six (6) months at any one time.
A staff member must be promptly notified in writing of any decision to defer payment of an increment.
(iv) Leave to Count for Incremental Purposes:
(a) All paid leave counts for determining service for incremental purposes.
Authorised leave without pay totalling five days or less in the incremental period counts as service for incremental purposes. Any period of leave without pay where used for the following purposes counts for incremental purposes:
part-time service with the Defence Forces;
to represent Australia or NSW in amateur sport;
workers' compensation;
transport strikes;
sick leave.
(b) Study leave with financial assistance at the level of full pay will count as full service for incremental purposes. Study leave with financial assistance at the level of half pay will count as half service for incremental purposes.
(c) Authorised leave without pay in excess of 5 days does not count as service except in the circumstance of approved extended leave where the provisions of the relevant acts apply.
(4) Salary Increases: The payment of the salary increases in this award shall be subject to demonstrated productivity and efficiency improvements to substantiate and fund salary increases.
7. Allowances
In addition to the salaries prescribed in clause 6, allowances will be payable in certain circumstances to recognise particular conditions or increased responsibility required by staff members.
(1) Meal Money Allowance: A member of staff on day work or shift work who works more than two (2) hours overtime after his/her ordinary ceasing time, without being notified before leaving his/her work on the previous day that he/she would be required to work overtime, or a shift worker who is called to work with less than twelve (12) hours notice shall be paid the standard sum of $16.10.
If a day worker works for a further four (4) hours after the first two (2) hours, he/she shall be paid a further sum of $16.10 for the second meal.
(2) Disabilities Allowance: An allowance of $550.00 per annum will be paid (but not for all purposes) in recognition of the disabilities and abnormal working conditions which may, from time to time, be experienced by Maintenance Services Technicians, Waste Receival / Plant Attendants, the day work Process Operator and LWP Supervisors in the performance of maintenance and other work.
(3) Travelling Allowance: A day worker required to commence work before 6 a.m., other than on a call-back (refer to clause 12.5) will be entitled to a travelling allowance of $11.00 per day to compensate for additional travelling costs that may be incurred in travelling from their residence to work.
(4) First Aid Allowance: A member of staff who is a day worker and who is the holder of a current First Aid Certificate and nominated by the employer as a First Aid Officer will be paid a weekly allowance of $8.24 (but not for all purposes).
(5) On-Call (Pager) Allowance:A dayworker shall be paid $11.00 per day who is rostered for either:
(i) maintenance service technician staff, to provide after hours maintenance cover, or
(ii) engineering/supervisory staff, to provide advice and/or directions to the plant after hours.
(6) Production Information Call Allowance: A dayworker, party to this Award, who receives one or more phone calls at home from staff at the plant, seeking production advice or clarification, between 10.00pm and 6.00am, Monday to Sunday, shall be entitled to claim the equivalent of 1½ hours pay at ordinary rates for the first call, and 1 hour for all subsequent calls the same day. Each day shall stand alone.
(7) Clothing Allowance: A ‘special’ clothing allowance of $75 per year will be paid to staff in the following classifications or nominated positions: Laboratory Technician, Clerk / Laboratory Attendant, Waste Receivals / Plant Attendant, Process Operators (daywork & shift), Maintenance Service Technicians and LWP Supervisors and Castlereagh staff. To be paid as a lump sum amount once per year on the anniversary of the registration of the enterprise award.
8. Contract of Employment
(1) Staff of the Liquid Waste Plant and Castlereagh Waste Management Centre will be employed under section 11 of the Act.
(2) Staff members shall be paid not less frequently than each two (2) weeks by Electronic Funds Transfer.
(3) Notwithstanding anything in this Award, employment may be terminated by giving the following notice or payment in lieu of that notice depending on the staff member's period in employment:
|Period in Employment |Notice Period (minimum) |
|Less than 1 year |1 week |
|1 to 3 years |2 weeks |
|3 to 5 years |3 weeks |
|More than 5 years |4 weeks |
If the staff member is over 45 years of age and has worked within the NSW Public Sector continuously for two years, the minimum notice will be increased by one (1) week.
(4) A staff member desiring to terminate his/her employment with the Waste Service is required to give two (2) weeks notice in writing to the organisation or such longer period as the organisation may have contracted with any individual member of staff.
(5) A staff member who fails to give a minimum of two (2) weeks notice of intention to terminate his/her employment as prescribed in subclause 8.4 above, may forfeit two (2) weeks pay from any accrued entitlement.
(6) Provided that nothing contained in this clause prevents a staff member's employment being terminated without notice for wilful neglect of duty or wilful misconduct and in such cases wages will be paid up to the time of dismissal only.
9. Payment of Wages
On each pay day the organisation will supply each member of staff with a statement showing the amount of wages to which he/she is entitled, the amount of deductions made there from and the net amount of wages due to the staff member.
10. Higher Duties
(1) A staff member who is directed to and undertakes work carrying a higher rate than his/her ordinary classification level rate shall be paid the base rate without the payment of any increments for the classification of the staff member being relieved for the actual time so worked.
(2) Where a staff member has relieved a more senior employee where the total number of relieving days exceed 15 days per year and is considered by the Manager, Liquid Waste Plant or the General Manager Business Operations, to be capable of assuming the full responsibility of the duties for which he/she is relieving, such employee shall be paid a rate higher than the base rate for the classification as provided for in subclause 10.1. Such rate is to reflect the number of years which the employee has relieved in the higher position and would be set in accordance with the normal scale progression for the higher position.
11. Hours of Duty
(1) A flexible and adaptive approach will be adopted by members of staff and management in relation to normal working hours and working arrangement.
(2) The ordinary hours of duty for all members of staff covered by this Award will not exceed an average of thirty eight (38) hours per week over a four (4) week cycle.
(3) Dayworkers:
(i) The Waste Service, with full consultation with members of staff at each location, will determine for such location the daily starting and finishing times of individual staff members to provide coverage between the hours 6.00 a.m. and 6.00 p.m., Monday to Friday if necessary, to meet the needs of customers. Starting and finishing times will provide for a minimum of seven (7) hours per day to be worked on a minimum of sixteen (16) days and a maximum of twenty (20) days over a four (4) week period.
(ii) For full time staff employed at the date of making this award, starting and finishing times applying will continue to apply unless varied by agreement between such staff, the respective union official and the Waste Service.
(iii) The taking of rostered hours off will be agreed between the Manager Liquid Waste Plant, or General Manager Business Operations and staff engaged on day work.
(iv) Once having been determined, the daily starting and finishing times and the schedule of rostered hours off may be varied to meet short term needs by agreement or a minimum of six (6) working days notice given by the Waste Service.
(v) Subject to organisational convenience, members of staff who are unable to take their rostered hours off in any four (4) week settlement period because of work requirements, may accumulate up to forty (40) rostered hours off per year which may be taken with recreational leave. Subject to the approval of the Managing Director, this accumulation may be extended up to a maximum of eighty (80) rostered hours off on the written application of the staff member.
(vi) Rostered hours accrued in accordance with subclause (v) of this clause are to be paid out on the termination of employment of a staff member.
(vii) Members of staff cannot be required to work more than 5 hours continuous period without an unpaid meal break of at least 30 minutes.
In the event that a staff member is directed to continue working without a meal break she/he will be paid at the appropriate overtime rates for time worked between five (5) hours from the commencement of work until the time when a meal break is provided.
(4) Continuous Shift Roster
(i) Continuous shift roster means a roster designed to provide plant operation twenty-four (24) hours per day, seven (7) days per week and where the employee is regularly required to work on Saturdays, Sundays and Public Holidays.
(ii) Shift cycles will be on a twelve (12) hour basis. Mutually agreed upon rosters will be established by the parties in order to co-ordinate shift work.
(iii) Except as provided in Clause 12 - Overtime, work performed on a twelve (12) hour rostered shift shall form part of the ordinary hours as prescribed in subclause 11.4(i).
(5) Continuous Shift Work - Shift Allowances, Weekend and Public Holiday Rates
(i) All the following rates are incorporated in the annualised salary rate of continuous shift workers at the Plant (see clause 6.2). They are contained in this document for the purpose of keeping a record of the calculations only.
(ii) Shift Allowances - Continuous Shift Work (Twelve Hour Shifts).
|Day shift, 6 a.m. - 6 p.m. |Nil |
|Night shift 6 p.m. - 6 a.m |25% |
(iii) Weekend and Public Holiday Rates - Continuous Shift Workers - Twelve Hour Shifts.
During twelve (12) hour shift operation, a shift commencing at 6 p.m. on Friday is deemed to be a Friday shift and shall attract a shift loading of twenty-five (25) per cent. Shifts commencing at 6 a.m. and 6 p.m. on Saturday are deemed to be Saturday shifts and shall be paid for at time and one half. Shifts commencing at 6 a.m. and 6 p.m. on Sunday shall be deemed to be Sunday shifts and shall be paid for at double time.
Shifts commencing at 6 a.m. and 6 p.m. on a Public Holiday shall be deemed to be shifts worked on a Public Holiday and be paid for at two and one half times the ordinary rate of pay.
(iv) Non-Continuous Shift Roster. Non-continuous shift workers shall work on either a two or three shift Monday to Friday.
(v) Non-Continuous Shift Work - Shift Allowances, Weekend and Public Holiday Rates
The following are penalty provisions for Non-Continuous Shift Workers working either a two shift (i.e. day and afternoon shifts only) or a three shift roster.
(a) Shift Allowances - Non-Continuous Shift Work
|Day shift 6 a.m. - 2 p.m. |Nil |
|Afternoon shift 2 p.m. - 10 p.m. |15% |
|Night shift 10 p.m. - 6 a.m. |17½% |
(b) Weekend and Public Holiday Rates - Non-Continuous Shift Work. For a shift where the majority of the hours worked are performed on a Saturday, time and one half. For a shift where the majority of the hours are worked on a Sunday, double time. For a shift where the majority of hours worked are performed on a public holiday, double time and one half.
(vi) Members of staff engaged on shift operations shall be entitled to a paid thirty minute meal break to be taken as near as possible to the middle of each shift.
(vii) Penalty Provisions Not Cumulative: Where two or more penalties and/or overtime provisions could apply in a particular situation, the organisation shall be bound to pay only one of such provisions. Where the provisions are not identical, the higher or the highest, as the case may be, shall apply.
(viii) Continuous Shift Operation - Shift Relief: Shift relief of Process Operators shall take place in the Control Room. In the event of the on coming operator not reporting for duty at the normal shift change-over time, the off going shift operator is required to remain on duty until relieved. Payment for the first hour will be made at annualised rates. Provided that if the off-going shift operator is required to remain on duty for more than one hour, payment for all overtime (including the first hour) shall be paid at the rate of double time of the base rate of pay listed at clause 6.
(ix) Hours of Operation for the Receipt of Liquid Waste: If so required to meet the needs of customers, suitably trained staff may be required to receive waste between the hours 6 a.m. and 5 p.m. Monday to Friday and 6 a.m. and 11 a.m. on Saturday.
(x) One staff member trained to carry out waste screening analyses may be required to be on duty during waste receival hours on Saturdays. All time worked on Saturday is to be paid at overtime rates.
12. Overtime
(1) Day workers and Non-Continuous Shift Workers
(i) For all time worked before the agreed starting time and after the agreed finishing time of each staff member, Monday to Friday, members of staff shall be paid at the rate of time and one half for the first two hours and double time thereafter on the base rate.
(ii) For all time worked on a Saturday, staff members shall be paid time and one half for the first two hours and double time thereafter with a minimum payment as for four hours at ordinary time.
(iii) For all time worked on a Sunday, payment will be made at double time with a minimum payment as for four hours at ordinary time.
(iv) Members of staff who are required to work on public holidays shall be paid at the rate of double time and one half with a minimum payment as for four (4) hours at ordinary time.
(v) At the discretion of the Manager Liquid Waste Plant or General Manager Business Operations, and as an option available to the staff member, time off in lieu of payment for overtime worked may be taken at ordinary rates up to a cumulative maximum .of eight (8) hours.
(2) Continuous Shift Workers - Twelve Hour Shifts:
(i) For all time worked in excess of twelve (12) hours per shift, except as provided in Clause 11 .5(viii) - Continuous Shift Operation - Shift Relief, continuous shift workers shall be paid at the rate of double time of the base rate of pay (clause 6.1) except for time worked on a public holiday which is a rostered day off where such time worked shall be paid at double time and one half of the base rate of pay with a minimum payment as for four (4) hours at ordinary time.
(ii) This clause shall not apply when the time worked is:
(a) by arrangement between the staff themselves, or
(b) for the purpose of effecting the rotation of shift.
(3) Payment for Overtime Not Worked
(i) When pre arranged overtime has been cancelled at short notice, staff who were initially required to work such overtime will be entitled to a minimum payment of four (4) hours at their base rate of pay (clause 6.1) unless the staff concerned have received adequate notice of such cancellation.
For the purposes of this clause adequate notice will consist of;
(a) Day workers - Notified prior to ceasing work on the previous working day; and
(b) Shift workers - Notified twelve (12) hours prior to the previously intended commencement of the overtime.
(4) Minimum Period Off Duty
(i) Where overtime is necessary it will, wherever reasonably practicable, be so arranged that staff members have ten (10) consecutive hours off duty between the work of successive days. A staff member (other than a casual staff member) who works overtime between the termination of her/his work on one day and the commencement of her/his work on the next day such that she/he has not had at least ten (10) consecutive hours off duty between these times, will subject to this sub-clause, be released after completion of such overtime until she/he has had ten (10) consecutive hours off duty without loss of pay, for ordinary working time occurring during such absence.
(ii) If, on the instruction of the Waste Service, such staff member resumes or continues work without having had the ten (10) consecutive hours off duty, she/he will be paid at double rates until she/he is released from duty for that period, or she/he will then be entitled to be absent until she/he has had ten (10) consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence.
(5) Calls-Back
(i) A staff member recalled to work without prior notice will be paid overtime for each such call-back at the appropriate rate as prescribed in this clause with a minimum payment as for four (4) hours at appropriate overtime rates.
(ii) A staff member recalled to work without prior notice who is required to use his/her own motorised transport will be reimbursed for the use of such vehicle at the rate 55 cents per kilometre. It is mandatory that such employee has comprehensive vehicle insurance and is the holder of a current drivers licence. Alternately, the employee shall be reimbursed the taxi cost incurred for travelling to/from work.
(iii) Calls back will not be counted as overtime for the purpose of sub-clauses 12.4(i) and 12.4(ii) except in the following circumstances:
(a) where the work extends beyond four (4) hours; or
(b) when the work continues after 12.00 midnight.
In these circumstances the staff member shall be entitled to eight (8) consecutive hours off duty without loss of pay for ordinary working occurring during her/his absence.
13. Leave
(1) All staff will be paid at the base rate (clause 6.1) for all leave, with the exception of Recreation Leave, which is paid as in clause 14, sick leave which is paid in accordance with clause 15, and Long Service Leave which is paid in accordance with clause 19, Extended Leave.
(2) It is agreed that staff covered by this Award at the time of the making of this award shall retain their existing accrued leave entitlements.
14. Recreation Leave
(1) General
(i) All staff must take at least two (2) weeks recreation leave per year. Nothing in this paragraph will prevent the Waste Service from allowing recreation leave to a staff member before the right thereto has accrued, but where such leave is taken before the right there to has accrued, further leave will not commence to accrue until after the expiration of the twelve (12) months in respect of which such recreation leave has been taken.
(ii) Any staff member whose employment is terminated by the Waste Service through no fault of her/his own and any staff member who leaves her/his employment will be paid for the proportionate period of recreation leave to which she/he would have been entitled if the employment had not been so terminated.
(iii) The recreation leave provided by this clause shall be given and shall be taken and, except as provided in clause 14.2, payment shall not be made or accepted in lieu of recreation leave.
(2) Day work
(i) Payment for recreation leave will be made at the base rate of pay as specified in Clause 6.1.All day work staff members are entitled to recreation leave accruing at the rate of 20 working days per year which is to be taken at the convenience of the Plant and Castlereagh.
(ii) Accrual is on a month by month basis at the rate of 1 and 2/3rds working days per month. A maximum of forty (40) days may be accrued at any one time. Where a holiday prescribed in this Agreement falls on a day which a day worker is rostered off and the day worker is not required to work on that day, one day of recreation leave shall be added to the staff member's entitlement.
(iii) The Managing Director, on the recommendation of the Manager Liquid Waste Plant or the General Manager Business Operations, may approve of an extra fifteen (15) working days to be accumulated above the forty (40) days maximum if the staff member is unable to take recreation leave due to an organisational emergency or at the request of the employee.
(iv) Temporary staff members who are employed for a period of three (3) months or less are not eligible to accrue recreation leave, however they are entitled to be paid in lieu of recreational leave, 4/48ths of the salary or wages excluding overtime earned during the period of employment.
(3) Continuous Shift Worker
(i) Continuous shift workers will be paid for recreation leave at the annualised salary rates specified in clause 6.2. The annualised rates of pay also include annual leave loading.
(ii) Unless otherwise approved by the Manager Liquid Waste Plant, Continuous Shift Workers must take a minimum period of seven (7) consecutive rostered shifts of recreation leave per application.
(iii) Continuous Shift Workers accrue recreation leave at the rate of fourteen (14) rostered shifts per annum in their first year of service and seventeen and one half (17½) rostered shifts per annum thereafter.
(iv) A staff member normally employed on day work with twelve (12) months continuous service who is employed for part of the twelve monthly period as a seven-day shift worker is entitled to have four (4) weeks recreation leave increased by a half day for each month she/he is continuously employed as a shift worker.
(v) Where the additional leave calculated under subclause 14.3(iv) is or includes a fraction of a day such day will not form part of the leave period and any such fraction will be discharged by payment only.
(vi) Shifts added to the period of recreation leave.
(a) In the case of a staff member who was at the commencement of her/his recreation leave employed as a Continuous Shift Worker, one shift will be added to her/his annual leave period in respect of any holiday prescribed by this Award which falls within the period recreation leave to which she/he is entitled under this Award.
(b) One shift will be added to the recreation leave period of any Continuous Shift Worker if she/he 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.
(c) Any day or days added shall be paid for at the annualised rate of pay prescribed by clause 6.2 Salaries of this Award.
(d) Any shift or shifts added in accordance with paragraphs (i) or (ii) of this sub-clause will be the working shifts immediately following the period of recreation leave to which the staff member is entitled.
(iv) Where the employment of a worker has been terminated and she/he thereby becomes entitled to payment in lieu of recreation leave with respect to a period of employment, she/he will be also entitled to an additional payment for each shift accrued to her/him under paragraph (ii) of this sub-clause at the annualised rate of pay prescribed by Clause 6.2 of this Award.
15. Sick Leave
(1) General
(i) A staff member who is absent from work by reason of personal illness or personal injury, is entitled to paid leave of absence as set out in clauses 15.2 and 15.3 in accordance with the following conditions and limitations:
(a) The staff member is required to inform the Waste Service of an inability to attend for duty and, as far as practicable, state the nature of the illness [or injury] and the estimated duration of absence, prior to the commencement of the day’s work [or shift] where practicable but within twenty-four (24) hours of the commencement of such absence.
(b) The staff member may be required to prove to the satisfaction of the Waste Service, by the production of a medical certificate or other satisfactory evidence, of being unable to attend for duty, on account of such illness [or injury], on the day/days for which sick leave is claimed.
(ii) Untaken sick leave will accumulate from year to year.
(iii) The full annual sick leave entitlement is available to the staff member from 1 January each calendar year (i.e. it does not accrue on a monthly basis). New employees will be granted a pro-rata entitlement during their first calendar year of service, depending on the number of full months remaining in the year following appointment and subject to a limitation that such employee shall only be entitled to five (5) days paid sick leave for day workers or forty (40) hours paid sick leave for continuous shift workers during the first three (3) months of service.
(iv) Service before the date of coming into force of this award will be counted as service for the purpose of qualifying herewith.
(2) Day-work: A staff member is entitled to sick leave of fifteen (15) days per year of service and paid at the respective base rate of pay (Clause 6.1).
(3) Continuous Shift Workers: A staff member on continuous shift work is entitled to 120 hours of paid sick leave per year of service.
Payment for sick leave taken by a continuous shift worker is at her/his annualised rate of pay.
16. Personal / Carer’s Leave
(i) Use of Sick Leave:
(a) An employee other than a casual employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 15 of the award, for absences to provide care and support, for such persons when they are ill.
Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care of the person concerned; and
(2) the person concerned being:
(i) a spouse of the employee; or
(ii) 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
(iii) 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
(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(v) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
"relative" means a person related by blood, marriage or affinity;
"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
"household"means a family group living in the same domestic dwelling.
(d) 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 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.
(ii) Unpaid Leave for Family Purpose: An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in (c)(2) above who is ill.
(iii) Annual Leave:
(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
(iv) Time Off in Lieu of Payment for Overtime: The provisions in Clause 12 of this Award apply.
(v) Make-up time:
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
(vi) Rostered Days Off:
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
(vii) Subject to the provisions of this clause, paid leave may be granted by the Managing Director in circumstances of pressing necessity for staff members. The maximum entitlement is:
(i) All day workers: 38 hours in any period of 2 years.
(ii) Continuous shift workers: 42 hours in any period of 2 years.
17. Training Leave
(1) Authorised job representatives of the Union or the Association who are nominated by the Secretary of their Union or Association to attend a relevant training course or program sponsored by the Australian Council of Trade Unions or by the Union or the Association will be granted leave of absence while attending such course(s) provided that:
(i) at least two (2) weeks prior to attendance at the course(s) the Waste Management Centre receives written notice of the nomination from the Union Secretary setting out the times, dates, content and venue of course;
(ii) nominations will not involve absences from work of more than one delegate following notice from the Union or Association secretary setting out the times, dates, content and venue of the course.
(iii) leave of absence granted will be counted as time worked for the purpose of annual leave, sick leave and long service leave. Job representatives attending will receive their base rate of pay whilst on such leave.
(2) A maximum of six (6) days leave will be granted per year with base pay for two (2) Union or Association members to attend such courses.
(3) All staff members will have access to state or nationally accredited training courses agreed by the Union or Association and the Waste Service. The Waste Service will meet all necessary payments for agreed courses and allow staff members reasonable paid time to undertake all requirements of such course/s and reimburse reasonable expenses incurred whilst attending the course/s.
18. Jury Service
(1) A staff member required to attend for jury service during her/his ordinary working hours will be reimbursed by the Waste Service an amount equal to the difference between the amount paid in respect of her/his attendance for such jury service and the amount of wage she/he would have received in respect of the ordinary time worked had she/he not been on jury service paid at their base rates of pay.
(2) A staff member shall notify the Waste Service as soon as possible of the date upon which she/he is required to attend for jury service. Further, the staff member shall give the Waste Service proof of attendance, the duration of such attendance and the amount received in respect of such jury service.
19. Extended Leave
Members of staff are entitled to extended leave in accordance with the Public Sector Management Act, 1988.
20. Leave Without Pay (LWOP)
(1) The Managing Director, on the recommendation of the Manager Liquid Waste Plant or the General Manager Business Operations, may grant LWOP to a staff member who shows good and sufficient personal reasons for such leave and if satisfied that the officer intends to resume duty on the expiration of such leave.
(2) The staff member granted the LWOP must give at least one month's notice of the intended date of return unless the Managing Director agrees to a lesser period.
(3) LWOP does not break the continuity of service of the staff member.
(4) Staff members who are granted LWOP may elect to retain recreation leave (up to the permissible maximum) and/or extended leave during periods of LWOP.
21. Study Leave and Study Time
(1) Study leave and study time may be granted by the Managing Director on the recommendation of the Manager Liquid Waste Plant or General Manager Business Operations. Granting of study leave and study time will be made on a case by case basis and will be subject to the discretion of the Managing Director on the basis that the course is relevant to the staff member's development within the Waste Service.
(2) All permanent staff, both full-time and part-time and all full-time temporary staff are eligible to apply
22. Protective Clothing
(1) Where necessary for the performance of their duties, staff members will be provided with suitable rubber boots, waterproof clothing, goggles, masks, gloves, aprons, or other suitable substitutes.
(2) Any member of staff issued with protective clothing in accordance with subclause 22.1 of this clause will be responsible for and shall wear such clothing whilst engaged on work for which it was deemed necessary for protective clothing to be issued.
(3) Clothing and equipment will remain the property of the organisation, except for special clothing covered by with the provisions of clause 7.7.
23. Holidays
(1) The following Public Holidays will be observed in this Award.
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labor Day, Christmas Day, Boxing Day and any other day proclaimed as a public holiday by the State of New South Wales.
NOTE: Normal process operations at the Liquid Waste Plant will not be required on Christmas Day or Boxing Day, however the Activated Sludge Facility will require one staff member to operate over these days. The staff member will be paid in accordance with sub-clause 12.1[iv].
(2) A nominated day between Christmas and New Year or any other date agreed between the management and staff shall be a holiday as the picnic day of the Plant and Castlereagh.
The Waste Service may require any staff member to work on such day and unless reasonable excuse exists, the staff member shall work in accordance with such requirement and, at the staff member's discretion, take a day off in lieu of working on that day at ordinary rates within one month of having worked on that day or be paid at the appropriate overtime rates.
(3) Any staff member who is absent without leave or reasonable excuse on the working day succeeding or preceding a Public Holiday shall not be entitled to payment for such holiday.
24. Medical Examinations
In addition to the pre-employment examination, the Waste Service will arrange medical examinations of employees covered by this Award at a period recommended by the Work Cover Authority on the following basis:
(i) All costs of medical checks are to be borne by the Waste Service.
(ii) The Waste Service is to keep records of the medical checks.
(iii) The medical records shall be made available to the staff member concerned.
(iv) A copy of the medical report is to be forwarded to the staff member's treating doctor at the request of the staff member.
(v) With the staff member's authority, information relevant to workers' compensation or occupational health and safety is to be forwarded to the relevant union and the Consultative Health and Safety Committee.
(vi) In all other circumstances, information contained in the medical reports is to remain confidential.
25. Notice Boards
The Waste Service will erect suitable notice boards in prominent positions for the display of union notices. All notices placed on the board will be signed by the delegate/co-delegate posting the notice. The Manager Liquid Waste Plant or General Manager Business Operations will initial the back of each such notice prior to posting.
26. Grievance and Dispute Settling Procedures
(a) All grievances and disputes relating to the provisions of this Award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority if required.
(b) A staff member is required to notify in writing their immediate Supervisor (unless the grievance is with an immediate Supervisor in which case the notification may be made to the next level of management) as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.
(c) The immediate Supervisor shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.
(d) If the matter remains unresolved with the immediate Supervisor, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter.
(e) The person at the next level of management shall respond within two (2) working days, or as soon as practicable.
(f) The staff member may pursue this sequence of reference to successive levels of management until the matter is referred to the Commissioner.
(g) Either party may request a mutually agreed mediator to assist in the resolution of the matter.
(h) If the matter remains unresolved, the Managing Director shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.
(i) A staff member, at any stage, may request to be represented by their Association, Union or Agent.
(j) The staff member or the Association, Union or agent on their behalf or the Managing Director may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.
(k) The staff member, Association, Union, Agent and Waste Service NSW shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.
(l) Whilst the procedures outlined in subclauses a) to k) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.
27. Maternity Leave
(1) Female members of staff are entitled to unpaid and paid maternity leave.
(2) Unpaid maternity leave may be taken by a full-time or part-time member of staff up to 9 weeks before the expected date of birth of the child and up to 12 months after the actual date of birth of the child.
(3) Paid maternity leave may be taken by a full-time or part-time female member of staff who, prior to the expected date of birth of the child, has completed 40 weeks continuous service. The entitlement amounts to 9 weeks full pay from the date maternity leave commences.
(4) Maternity leave may be taken as follows
(i) full-time, up to a maximum of twelve (12) months from birth of the child; or
(ii) part-time, up to a maximum of two (2) years from the date of birth of the child subject to Waste Service convenience;
(iii) a combination of 1. and ii. providing that less than twelve (12) months maternity leave on a full-time basis is taken and that the balance taken part-time, will conclude before the child's second birthday.
(5) A female staff member shall formally notify the Manager Liquid Waste Plant or the General Manager Business Operations in writing:
(i) not less than eight (8) weeks before the expected date of birth of the child of:
(a) the intention to proceed on maternity leave; and
(b) the expected date of birth certified by a medical practitioner; and
(c) any maternity leave to be taken on a part-time basis;
(ii) not less than four (4) weeks before the expected date of birth of:
(a) the date on which maternity leave is intended to commence;
(6) Unpaid maternity leave shall not count as Service for determining incremental progression nor any form of leave entitlement, except for extended leave in cases where at least ten (10) years of service has been completed and unpaid maternity leave does not exceed six (6) months.
(7) A female member of staff who returns to work after full-time or part-time maternity leave has a right to return to her former position.
(8) The right of return to the former position is forfeited when a female staff member does not resume duty at the expiration of full-time or part-time maternity leave.
28. Parental Leave
(1) Full-time and part-time members of staff who are ineligible to be granted) maternity or adoption leave and who are to be the primary care giver of a child or who wish to share the child care duties with their partner are entitles to parental leave.
(2) Parental leave is leave without pay and may be taken as one (1) week from the date of birth of the child or the date of placement of an adopted child and at the discretion of the Managing Director, parental leave may also be taken:
(i) up to a further 51 weeks leave on a full-time basis; or
(ii) up to a maximum of 103 weeks (2 years less 1 week) unpaid leave on a part-time basis; or
(iii) a combination of full-time and part-time leave provided that the period of leave taken does not exceed the equivalent of 51 weeks full-time leave.
(3) Parental leave may be combined with accrued recreation leave and/or extended leave, provided the period of leave does not exceed the equivalent of 12 months full-time leave.
(4) Full-time parental leave does not count for incremental progression.
(5) Provided their service is satisfactory, staff members on part-time parental leave shall be paid increments on completion of each twelve (12) months service.
(6) A staff member who returns to work after full-time or part-time parental leave has a right to return to her/his former position.
(7) The right to return to the former position is forfeited when a staff member does not resume duty at the expiration of full-time or part-time parental leave.
29. Adoption Leave
(1) Members of staff are entitled to unpaid and paid adoption leave.
(2) Unpaid adoption leave may be taken by all female members of staff (other than those employed on a casual basis) for a maximum period of 12 months from the date of taking custody.
(3) Paid adoption leave may be taken by all female members of staff (other than those who are employed on a casual basis) who, prior to the date of taking custody, have completed 40 weeks continuous service. The entitlement is as follows:
(i) 3 weeks paid leave commencing on and from the date of taking custody;
(ii) up to 12 months unpaid leave after the period of paid leave as follows:
(a) if the child has not commenced school at the date of the taking of custody, leave may be taken up to a maximum period of 12 months;
(b) if the child has commenced school at the date of the taking of custody, leave for such period as the Managing Director may determine may be granted up to a maximum period of 12 months.
30. Bereavement Leave
(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 member of a class of person set out in the relevant subparagraph of the Personal / Carer’s Leave clause.
(2) The employee must notify the employer as soon as practicable of the intention to take Bereavement Leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
(3) Bereavement Leave shall be available to the employee in respect of the death of a person in relation to whom the employee could have utilised Carer’s Leave as prescribed by this clause.
The employee need not have been responsible for the care of the person concerned to be eligible for Bereavement Leave as prescribed in this sub-clause.
(4) An employee shall not be entitled to Bereavement Leave under this clause during any period in respect of which the employee has been granted other leave.
(5) Bereavement leave may be taken in conjunction with any other leave available to employees. Where such other available leave is to be taken in conjunction with Bereavement Leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.
31. Part-time Work
(a) Part-time work is permanent employment and Part-time staff members normally work fewer hours than full-time staff members and receive all the entitlements of full time staff members on a proportional basis.
(b) Staff members may work part-time under this Award where it is supported by Waste Service NSW.
(c) Staff members working part time must complete a part time work agreement (PTWA) with their supervisor.
(d) The PTWA must be in writing signed by the staff member and the supervisor and must include:
(i) the hours and days to be worked;
(ii) the starting and finishing times of the staff member's shifts;
(iii) the staff member's classification; and
(iv) the staff member's right (if any) to return to full time work.
(e) There is no set hours that must be worked, however the PTWA must set out the minimum weekly hours that the staff member will work.
(f) The maximum number of hours under the PTWA must be less than the full-time (35) hours in this Award.
(g) The staff member must be paid the same ordinary hourly rate as full-time staff members under this Award.
Hours worked that fall outside the ordinary span of daily or weekly hours agreed to, shall be paid at the overtime rate in this Award.
(h) Part time Staff members are entitled to the same benefits as full-time staff members under this Award calculated on a proportional basis such as leave and other entitlements like superannuation.
(i) Annual leave and long service leave also accrue on a proportional basis.
(j) A PTWA can be changed by making a new written agreement between the staff member and supervisor.
32. Job Share Arrangements
(a) Job Share is a voluntary arrangement in which one job is shared amongst part-time staff members.
(b) Staff members may job share under this Award where it is supported by the employer.
(c) Job Share arrangements are required to be formalised in the same way the part time work arrangements are outlined in an agreement - This agreement shall be called a job share agreement.
(d) Job Sharers perform the role of one job and the workload and performance expectations should be similar to what would be expected if the job was being performed by one staff member.
33. Redundancy
Staff accepting voluntary redundancy will be subject to the NSW Government Managing Displaced Employee Policy.
34. Anti-Discrimination
(1) It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and carer responsibilities.
(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.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise a staff member because the staff member has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti- discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
35. Payroll Deductions
All union members, after completing the appropriate authorisation, shall have their union dues deducted by Electronic Funds Transfer each pay day directly into the account of the appropriate union.
36. Further Claims
(1) During the term of this Award, the parties may pursue claims as allowed by Chapter 2 Part 2 of the NSW Industrial Relations Act, 1996. Under the Act, items may be raised for discussion with a view to achieving mutually agreed variations during the life of this Award.
(2) Should there be a variation to an Award that would otherwise be relevant to the employees covered by this Award, staff will maintain the same salary relationship to the salaries as existed prior to the making of that new Award. Any such salary increase will be reflected in this Award either by variation to it or by the making of a new Award.
37. Declaration
The Parties to this Award declare that the Enterprise Award:
(i) is not contrary to the public interest;
(ii) is not unfair, harsh or unconscionable;
(iii) was not entered into under duress;
(iv) is in the interests of the Parties.
38. Area, Incidence and Duration
(1) This Award shall apply to all staff of Liquid Waste Plant and Castlereagh Waste Management Centre.
(2) The following Awards and Agreements, insofar as they fix rates of pay and some conditions of employment applying to staff covered by this Award shall not apply during the term of this Award:
Crown Employees (Public Sector - Salaries January 2000) Award
Crown Employees (Public Service Conditions of Employment 1997) Award.
Waste re-cycling and Processing Service of New South Wales Lidcombe Site Agreement (1995). (Ref No. EA21/96)
(3) The parties agree that, for the life of this Enterprise Award, the salaries, classifications and other conditions of employment expressed in this Award replace the rates of pay, classifications and conditions expressed in those awards and agreements listed in 30.2 of this Award.
(4) This Award defines the conditions of employment as provided in section 11 of the Waste Recycling & Processing Act, 1970 which states:
(1) The Service shall appoint and employ such servants as may be necessary for carrying out the provisions of this Act.
(2) Subject to this Act, every servant of the Service shall continue in the service of the Service at the will of the Service only.
(3) All servants of the Service shall be subject to the sole control and governance of the Service which may have wages and conditions of employment where they are not fixed in accordance with the provisions of any other Act.
(5) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Lidcombe Castlereagh Waste Management Centre Enterprise Award 1997 published 26 November 1999 (312 IG 389) and all variations thereof.
(6) The changes made to the award pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 shall take effect from 22 June 2001.
(7) This award remains in force until varied or rescinded, the period for which it was made already having expired.
ATTACHMENT A
UNDERTAKINGS
1. Intentions
(1) The purpose of this Award is to regulate the rates of pay and conditions of employment of all staff at the Plant and Castlereagh, excluding Manager Liquid Waste Plant and General Manager Business Operations employed by the Waste Recycling and Processing Service of NSW.
(2) It is intended that the Award will provide a suitable basis and framework for the parties to implement at the organisation level appropriate arrangements to ensure that Corporate objectives are met.
(3) The Award will help facilitate the processes necessary to enhance the productivity of the Plant and Castlereagh and provide a better return to the organisation, the staff, and the community.
(4) The parties agree to commence negotiation on a new Award prior to the end of the nominal term of this Award.
2. Quality: The parties to the Award agree to a commitment that every endeavour will be made in order to maintain the Quality and Environmental Certification under the ISO 9002 and ISO 14001 together with the NATA Laboratory Certification.
3. Safety: The parties remain committed to continuing with the occupational health and safety program and to maintaining the 5 Star Grading under the National Safety Council of Australia or an equivalent safety management system.
4. Training: The parties understand that staff training is an integral part of providing a quality service to customers.
5. Guarantee of Service: All staff of the Plant and Castlereagh agree to support the Waste Service's Guarantee of Service and maintain excellent service to customers at all times.
ATTACHMENT B
WORK PRACTICES
The parties have agreed to the following variations to existing work practices.
A. Carried forward from the 1995 Agreement
Process Operators: The following commitments are intended to complement tasks normally allocated to the daywork process operator, maintenance staff, laboratory staff, the Receivals Officer and supervisors during normal working hours.
The intention is to minimise interruptions to the process outside normal working hours.
(1) Clean and calibrate process meters (pH and dissolved oxygen) after receiving appropriate training.
(2) The use of small tools for minor maintenance work after hours for work such as cleaning line blockages and restrictions (whenever feasible).
(3) Assist Maintenance Services Technicians called in after hours for Plant failures where such assistance will expedite the return of the Plant operations.
(4) Sample and centrifuge test samples from thickeners and enter data to process control computer to maximise filter press efficiency (day work and process operator in normal hours, shift operators at other times).
(5) Receive "emergency" loads of waste outside of normal receival hours when a Waste Receival Officer could not reasonably be expected to be in attendance.
(6) Receive interstate loads of pickle liquor outside normal receival hours when required to meet the transporters road freight logistics.
(7) Accept deliveries of currently used process supplies outside of normal working hours.
(8) Ensure automatic chemical dosing reservoirs are replaced / replenished (outside of normal working hours).
(9) Collect samples as required (after hours) for the laboratory.
(10) Manually dose additives to the process as required for trials.
(11) Make out Safe Work Permits when the daywork Process Operator is unavailable to expedite the handover of equipment to maintenance staff.
(12) Co-operate with the documentation requirements of Quality Certification (ISO9002, 14001 and 5 Star Safely) when these impact directly on normal duties.
Maintenance Staff
(1) Organise the purchasing of equipment spares as necessary.
(2) Assist in the detailed planning of major maintenance shutdowns.
(3) Conduct troubleshooting and fault diagnosis on suspect process Plant.
(4) Assist in the conduct of trials and development of alternative or modified Plant and equipment.
(5) When appropriately trained and qualified, carry out "cross - trade" work as required (e.g. electrical connect / disconnect and pneumatics).
Laboratory and Engineering Staff
(1) Laboratory staff and engineering staff as required, to assume agreed weighbridge officer's duties for the receivals of waste outside weighbridge officer's normal hours or as otherwise required.
(2) Laboratory staff to modify work practices to conform with NATA requirements.
Castlereagh Staff
(1) On site maintenance of machinery and repair and maintenance of pumps and motors, including welding where necessary.
(2) Basic skills in concreting and brick laying including foundations and headwell.
(3) Basic engineering skills including roadworks, drains and draining and pipe laying.
(4) Plant operating truck licence and the ability to operate various articles of the plant.
(5) Basic knowledge of surveying and related skills.
(6) A knowledge of hazardous chemicals, including their appropriate storage and disposal.
(7) Animal husbandry, experience in the care and handling of both domestic and native animals.
B. New Productivity Measures for the 1997 Award
General Reform Program: In exchange for the pay rates expressed in Clause 6 of this Award, the parties agree that productivity measures/or reform programs will be implemented and agree to the variations to existing work practices in accordance with Attachment C of the Award.
Process Operators
(1) To operate the plant at an increased nominal maximum production rate [centrifuge + decant] of 20 cubic metres per hour [33% increase over previous level]
(2) Acceptance and operation of the new 1500 cubic metre emergency waste storage tank [T102G] including transfers to/from operations tanks [T102A-F]
(3) Acceptance of an additional 50,000 cubic metre per annum of present types of wastes [i.e. wastes to be centrifuged of decanted]
(4) Acceptance and operation of the new biosludge dewatering centrifuge [S209] and consequent increased biosludge processing rates.
(5) Operation of new HFHE sludge driers [E501E,F] and associated equipment.
Maintenance Staff: Acceptance and maintenance of the following new equipment and associated ancillary equipment:
Emergency waste storage tank [T102G]
Sludge dewatering centrifuge [S209]
HFHE sludge driers [E501E.F]
Laboratory, Sales and Engineering Staff
(1) Receptionist, telephone answering duties when main office is unattended [Engineering & Sales]
(2) Expand NATA registration to include all routine and quantitative methods [Laboratory].
(3) Additional data entry for liquid waste computer system, e.g. consent numbers [Clerks, Laboratory Attendants]
ATTACHMENT C
GRADING OF POSITIONS
|Position |Year |Lwo Grading |
| | |GRADE |LEVEL |
|Laboratory Manager |1 |9 |3 |
| |2 | |5 |
| |3 |10 |1 |
| |4 | |3 |
| |5 | |5 |
| |6 |11 |1 |
| |7 | |2 |
| | | | |
|Laboratory Chemist |1 |2 |5 |
| |2 |3 |3 |
| |3 |4 |2 |
| |4 |5 |2 |
| |5 |5 |5 |
| |6 |6 |1 |
| |7 |6 |2 |
| |8 |6 |5 |
| |9 |7 |3 |
| |10 |8 |1 |
| |11 |8 |3 |
| |12 |8 |5 |
| |13 |9 |1 |
| |14 |9 |2 |
| |15 |9 |4 |
| | | | |
|Laboratory Technician |1 |1 |5 |
| |2 |2 |1 |
| |3 |2 |3 |
| |4 |2 |4 |
| |5 |2 |5 |
| |6 |3 |3 |
| |7 |3 |5 |
| |8 |4 |2 |
| |9 |5 |2 |
| |10 |5 |3 |
| |11 |5 |5 |
| |12 |6 |1 |
| |13 |6 |2 |
| |14 |6 |3 |
|Process Engineer |1 |8 |4 |
| |2 |9 |1 |
| |3 |9 |2 |
| |4 |9 |4 |
| |5 |10 |2 |
| |6 |10 |4 |
| |7 |10 |5 |
| |8 |11 |1 |
| |9 |11 |2 |
| | | | |
|Mechanical Engineer |1 |6 |3 |
|Systems Engineer | | | |
|Electrical Engineer | | | |
| |2 |7 |2 |
| |3 |7 |4 |
| |4 |8 |2 |
| |5 |8 |4 |
| |6 |9 |1 |
| |7 |9 |2 |
| |8 |9 |4 |
| |9 |10 |1 |
| |10 |10 |3 |
| | | | |
|Technical Sales Officer |1 |6 |2 |
| |2 |6 |5 |
| |3 |7 |3 |
| |4 |8 |2 |
| |5 |8 |3 |
| |6 |8 |5 |
| |7 |9 |1 |
| |8 |9 |2 |
| |9 |9 |4 |
| | | | |
|Clercial Officer |1 |2 |5 |
| |2 |3 |2 |
| |3 |3 |4 |
| |4 |4 |1 |
| |5 |4 |2 |
| |6 |4 |3 |
|Clerk/Laboratory Attendant |1 |1 |3 |
| |2 |1 |5 |
| |3 |2 |2 |
| |4 |2 |4 |
| |5 |3 |1 |
| |6 |3 |3 |
| |7 |3 |5 |
| |8 |4 |1 |
| |9 |4 |2 |
| |10 |4 |3 |
| | | | |
|LWP Supervisor |1 |6 |3 |
| |2 |6 |5 |
| |3 |7 |2 |
| |4 |7 |3 |
| |5 |8 |1 |
| |6 |8 |3 |
| |7 |8 |5 |
| | | | |
|Maintenance Service |1 |1 |5 |
|Technician - Grade 1 | | | |
| |2 |2 |2 |
| |3 |2 |3 |
| |4 |2 |4 |
| |5 |3 |1 |
| | | | |
|Maintenance Service |1 |3 |2 |
|Technician - Grade 2 | | | |
| |2 |3 |4 |
| |3 |3 |5 |
| | | | |
|Maintenance Service |1 |4 |3 |
|Technician - Grade 3 | | | |
| |2 |4 |4 |
| |3 |4 |5 |
| |4 |5 |2 |
| |5 |5 |4 |
| |6 |5 |5 |
| |7 |5 |6 |
|Maintenance Service |1 |5 |5 |
|Technician - Special Grade | | | |
| |2 |6 |1 |
| |3 |6 |2 |
| |4 |6 |4 |
|Process Operator (Shift) |1 |2 |3 |
| |2 |2 |4 |
| |3 |3 |1 |
| |4 |3 |2 |
| |5 |3 |4 |
| |6 |3 |5 |
| |7 |4 |3 |
| |8 |4 |4 |
| | | | |
|Process Operator (Daywork) |1 |2 |3 |
| |2 |2 |4 |
| |3 |3 |1 |
| |4 |3 |2 |
| |5 |3 |4 |
| |6 |4 |1 |
| |7 |4 |4 |
| |8 |4 |5 |
| | | | |
|Waste Receivals/Plant |1 |1 |1 |
|Attendant | | | |
| |2 |1 |2 |
| |3 |1 |4 |
| |4 |1 |5 |
| |5 |2 |2 |
| |6 |2 |4 |
| |7 |3 |1 |
| | | | |
|Field Officer, Castlereagh |1 |1 |1 |
| |2 |1 |2 |
| |3 |1 |4 |
| |4 |2 |1 |
| |5 |2 |2 |
| |6 |2 |4 |
| |7 |2 |5 |
| | | | |
|Clerical Officer, Castlereagh |1 |1 |1 |
| |2 |1 |3 |
| |3 |1 |5 |
| |4 |2 |2 |
| |5 |2 |4 |
| |6 |2 |5 |
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1379) |SERIAL C0552 |
155 MACQUARIE STREET PROJECT AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 801 of 2001)
|Before Commissioner O'Neill |8 June 2001 |
REVIEWED AWARD
1. Introduction
The parties to this award acknowledge that enterprise bargaining is an appropriate way for employers and employees (and their representatives) to settle fair terms and conditions of employment. The parties acknowledge and agree that the integrity of enterprise agreements and awards must be maintained.
The parties also acknowledge that the building industry has special features, which may require the parties to enter agreements applicable to each project. This award is intended to supplement existing enterprise agreements and be a framework document to assist Civil & Civic in management of project specific issues. It is recognised that this award is not intended to extend the traditional coverage of the union parties nor is it intended to cover works not within the scope of work to be performed by Civil & Civic under its contract with its client.
2. Arrangement
Clause No. Subject Matter
1. Introduction
2. Arrangement
3. Objectives
4. Definitions
5. Application
6. Duration
7. Industry Standards
8. Environment, Health, Safety and Rehabilitation
8.1 Induction
8.2 Environment, Health and Safety Plans
8.3 The Safety Committee
8.4 Implementation of this Clause
9. Dispute Resolution
9.1 Employer Specific Disputes
9.2 Project-wide Disputes
9.3 Demarcation Disputes
10. Monitoring Committee
11. Productivity Initiatives
11.1 Learning Initiatives
11.2 Inclement Weather
11.3 The Site Management Plan
11.4 Rostered Days Off
11.5 Maximising Working Time
11.6 Project-wide Communication Meetings
12. No Extra Claims
13. No Precedent
14. Single Bargaining Unit
15. Anti-Discrimination
16 Personal/Carers Leave
16.1 Use of Sick Leave
16.2 Unpaid Leave for Family Purpose
16.3 Annual Leave
16.4 Time-off in Lieu of Payment for Overtime
16.5 Make-up Time
16.6 Rostered days off
Execution clause
Annexure A (Parties)
Annexure B - Scheduled Milestones
3. Objectives
The parties agree to continue to develop and implement the following objectives in respect of the following four key areas on the Project:
3.1 Work Organisation
(a) Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning.
(b) Continued development of more effective management practices.
(c) Continued development of communication processes, which facilitate participation by all employers and employees.
(d) Introduction of new technology and associated change to enhance productivity.
(e) Improved quality of work.
3.2 People Development/Skills - Provision of a career structure for all employees based on skills and competencies.
3.3 Environment and Safety
(a) Provision of high standards of occupational health and safety on the Project.
(b) Improved impact of the Project on the environment.
3.4 Generally
(a) Implementation of this award and compliance with statutory provisions.
(b) Elimination of unproductive time.
4. Definitions
"Award" means this 155 Macquarie Street Project Agreement made between the Parties.
"Parent Award" means each of the National Building and Construction Industry Award 1990, the Plumbing Industry (NSW) Award; the Plumbers and Gasfitters (State) Award (NSW); the Sprinkler Pipe Fitters Award 1975; the Electrical Contracting Industry (State) Award 1992 and the National Metal and Engineering On-site Construction Industry Award 1989.
"Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an employer and who performs work on the Project.
"Employer" means Civil & Civic or any subcontractor engaged by Civil & Civic to work on the Project who is name in Part 1 of Annexure A.
"Enterprise Agreement" means an agreement registered or certified under the Workplace Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).
"Monitoring Committee" means the committee established under clause 10 of this award.
"Occupational Health and Safely Policy" means either the plan or policy devised and implemented by the Site Manager for the Project (as amended from time to time).
"Parties" includes the employers, the employees and the Unions.
"Practical Completion" means the date Civil & Civic's client grants Civil & Civic practical completion of the Project.
"Program Milestones" means the milestones listed in Annexure B -as amended by the Site Manager from time to time.
"Project" means the works contracted to Civil & Civic Pty Limited at 155 Macquarie Street, Sydney.
"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act 1983 (NSW).
"Site Manager" means the site manager for the Project appointed by Civil & Civic from time to time.
"Site Management Plan" means the plan as held by Civil & Civic.
"Status Quo" means the conditions existing prior to the parties entering into a dispute.
"Scheduled Milestones" means those targets described in Annexure B as amended under clause 7.6, from time to time.
"Unions" means each of the unions listed in Part 2 of Annexure A - Parties.
5. Application
(a) Subject to clause 5(c), this award will apply to work done on the Project by the employees for the period the employer engages the employees to work on the Project.
(b) Nothing in this award shall prevent an employer from negotiating an enterprise agreement.
(c) Despite any other term of this award, the parties agree that the integrity of individual enterprise agreements will be maintained and that where employers have entered into an enterprise agreement the provisions of that enterprise agreement will continue to apply to the employer and its employees on the Project.
(d) The parties agree that where any term or condition in this award is inconsistent with a term or condition in an enterprise agreement, the terms of the enterprise agreement will override the terms of this award to the extent of any inconsistency, provided the greater entitlement of any inconsistency shall apply. The parties agree that there is to be no "double dipping", in the event that the provisions in an enterprise agreement cover the benefits provided for in this award but packaged differently.
(e) The parties acknowledge that they may be required to enter additional agreements on similar terms, as this with other subcontractors not included in the list of employers in Annexure A - Parties.
(f) By entering into this award, the parties intend to enter into legal relations and acknowledge and agree that the terms of this award will create a binding contract.
(g) The parties also acknowledge and agree that the terms of this award form part of the tender conditions for work on this Project.
(h) The parties acknowledge and agree that this award will be terminated by agreement and cease to apply if the contract between Civil & Civic and its client is terminated or if the client does not enter a contract or contracts with Civil & Civic to enable work to proceed.
6. Duration
This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the 155 Macquarie Street Project Award published 17 December 1999 (312 I.G. 841).
The award published 17 December 1999 took effect on and from 23 April 1998.
The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 8 June 2001.
This award shall remain in force until practical completion unless terminated in accordance with section 44 of the Industrial Relations Act 1996 (NSW).
7. Industry Standards
7.1 Superannuation and Redundancy
The Employer must comply with its award, Enterprise Agreement or legislative obligations in respect of superannuation and redundancy.
(a) The parties acknowledge that the unions have proposed that the following contributions be made to the superannuation fund nominated in the relevant parent awards:
(i) $50.00 per week from 1 October 1997;
(ii) $55.00 per week from 1 March 1998; and
(iii) $60.00 per week from 1 October 1998.
(b) The Parties further acknowledge that if an Employer is bound to contribute to ACIRT or MERT, the Unions also propose that contributions be made by Employers to ACIRT or MERT in the amount of $45.50 per week from 1 March 1998. ($50.50 per week from 1 September 1999.)
(c) The Parties agree that provided that making the contributions listed in 7.1(a) and 7.1(b) does not conflict with the Employer's Enterprise Agreement, the Employers employing employees eligible to be members of the Unions will make the contributions listed in clauses 7.1(a) and 7.1(b) for the period of time the Employees are working on the Project.
7.2 Top-Up/24-Hour Income Protection Insurance
Each employer will provide Workers Compensation Top-up/24-Hour Income Protection Insurance with CTAS scheme or other similar scheme offered by an alternative agreed provider.
7.3 Productivity Allowance
(a) Provided the Scheduled Milestones and the Program Milestones are met, the Employer will pay a productivity allowance for each hour worked on the Project.
(b) The maximum amount paid as productivity allowance under this award is $1.85 per hour worked.
(c) The Site Manager will determine whether the Scheduled and Program Milestones have been achieved and if the Scheduled Milestones have been met, the Site Manager will advise the Employers and the Monitoring Committee accordingly.
(d) When deciding whether to pay the productivity allowance, the Site Manager may recommend part payment of the allowance based on part performance of the Scheduled Milestones or the Program Milestones.
7.4 Payment of the Productivity Allowance
(a) The Productivity Allowance - The Parties agree that the productivity allowance is paid only if the Scheduled Milestones and the Program Milestones are met.
The Milestones are comprised of two (2) elements:
(i) works completed against the Program Milestones; and
(ii) works completed to the Scheduled Milestones.
(b) Program Milestones - The Parties agree to use their best endeavours to meet or exceed the Program Milestones. Each employee shall be entitled to be paid the completion to schedule component of the productivity allowance.
The completion to schedule component of the productivity allowance shall be calculated and paid as follows:
the Site Manager will review the works monthly and will verify the achievement of the Program Milestone;
the Site Manager will advise the client as to whether the relevant Program Milestone has been achieved;
if the relevant Program Milestone is met the maximum payment shall be $1.00 per hour for each hour of time worked; and
payment shall be made as part of weekly wages.
In the event that a Program Milestone is not achieved, the Monitoring Committee shall meet with the Site Manager to determine:
(i) the reason why the milestone target was not achieved; and
(ii) the action required to catch up to the next milestone target.
If a Program Milestone is not achieved for two consecutive months:
(i) the completion to program schedule component of the productivity allowance shall cease being paid; but
(ii) if in a following period work catches up to the schedule, the completion to program schedule component shall recommence, and shall include payments for the preceding period(s) not paid.
(c) Payment for completion of Scheduled Milestones - In addition to the completion to schedule component, a further payment shall be paid on achievement of Project Scheduled Milestones as listed in Annexure B.
This payment shall be calculated and paid as follows:
(i) Payment of 85 cents per hour paid in a lump sum to each Employee engaged on site within 14 days of the achievement of the identified Scheduled Milestone.
(ii) Payment shall be calculated on an hours worked basis only and shall not include any calculation of award or other entitlements.
(iii) The Parties agree that achievement of the identified Scheduled Milestone Nos 2, 3, 4, 5, 6, 7, 8 and 9 shall be determined by Civil & Civic's client and the Labor Council of New South Wales in conjunction with the unions.
(iv) If a Scheduled Milestone date is not achieved and there are no extenuating circumstance(s) acceptable to the Site Manager, then no Scheduled Milestone payment will be made.
(v) If in the following period(s) work catches up to allow achievement of the subsequent Scheduled Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Scheduled Milestone.
(vi) In the event that an Employee ceases work on-site or does not maintain uninterrupted employment on the Project prior to payment against achievement of Milestone targets then, subject to Scheduled Milestones having been achieved, the Employee concerned shall receive pro rata payment of 85 cents for each hour worked on site, and accumulated broken employment on site shall be paid to the nearest hour.
(d) Transport Drivers: The parties agree that this award does not apply to off site or purely incidental activities such as delivery of site materials or couriers. This award will apply to Transport Drivers who are employed by an Employer if the relevant Employer makes deductions from the remuneration of that Transport Driver in accordance with the "Pay As You Earn" provisions of the Income Tax Assessment Act 1936. The Parties agree that if this award does apply to any Transport Driver, he or she will only receive the project productivity allowance of $1.85 per hour after he or she is required by their employer to remain on the Project for longer than two hours in any calendar day.
7.5 Changing the Program and Scheduled Milestones: The Parties agree that the Scheduled and Program Milestones must be updated throughout the life of the Project and that the Monitoring Committee will meet at regular intervals and, with the Site Manager, agree upon and set new Scheduled and Program Milestones.
8. Environment, Health, Safety and Rehabilitation
8.1 Induction:
(a) All Employees must attend an agreed EHS&R induction course as and when required.
(b) The Parties recognise the OHS&R induction training provided by TETA for casual and permanent transport workers.
8.2 Environment, Health and Safety Plans: All Employers must submit an environment, health and safety management plan to Civil & Civic. These plans should include evidence of:
(a) risk assessment of their works;
(b) hazard identification, prevention and control;
(c) planning and re-planning for a safe working environment;
(d) induction of Employees;
(e) monitoring performance and improvement of work methods;
(f) reporting of all incidents; and
(g) regular EH&S meetings, inspections and audits of the Project.
8.3 The Safety Committee
The Safety Committee will be properly constituted and will abide by the agreed procedures as defined in its constitution and as revised from time to time. The Safety Committee may invite the union to attend any Safety Committee meeting or site inspection.
8.4 Implementation of this Clause
(a) The parties acknowledge and agree that all parties are committed to safe working procedures and to the Project Environment Health and Safety Policy.
(b) If the Site Manager or the Safety Committee is of the opinion that an employee or employer has committed a serious breach of either the Environment Health and Safety Policy or the relevant safety management plan (or any other agreed safe working procedures), the Site Manager (or the Site Manager on recommendation from the Safety Committee) will implement disciplinary action against the employer or employee which may include taking all steps required to remove the employer or employee from the Project.
(c) The parties agree that, pursuant to the Code of Practice, in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and that employers may direct employees to move to a safe place of work.
9. Dispute Resolution
One of the aims of this award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute.
9.1 Employer Specific Disputes: In the event of a dispute or conflict occurring specifically between an employer and its employees or their representative union, the following procedure will be adopted:
(a) Discussion between those directly affected.
(b) Discussion between site management representatives of the Employer and the Union delegate.
(c) Discussion between senior management of the employer, Civil & Civic and the appropriate Union official.
(d) If the dispute is not resolved after step (c), the Employer or the Union may notify the dispute to the Australian Industrial Relations Commission (if the employer's enterprise agreement is registered under the Workplace Relations Act 1996 (Cth)), or the Industrial Relations Commission of New South Wales (if the Employer's Enterprise Agreement is registered under the Industrial Relations Act 1996 (NSW)), and request that the relevant Commission resolve the dispute pursuant to its powers set out in the applicable legislation.
(e) The Status Quo shall remain and work shall continue without interruption or dislocation during discussion and resolution of disputes.
9.2 Project-wide Disputes: In the event of a dispute or conflict affecting more than one employer occurring, the following procedure will be adopted:
(a) Discussion between those directly affected.
(b) Discussion between site management representatives of Civil & Civic and the Union delegate.
(c) Discussion between site management representatives of Civil & Civic and the Union organiser.
(d) Discussion between senior management of Civil & Civic and the appropriate Union official.
(e) Discussion between the Secretary of the relevant union (or nominee) and Civil & Civic NSW Branch Manager (or nominee).
(f) If the dispute is not resolved after step (e), the Employer may notify the dispute to the Australian Industrial Relations Commission (if the Employer's Enterprise Agreement is registered under the Workplace Relations Act 1996 (Cth)) or the Industrial Relations Commission of New South Wales (if the Employer's Enterprise Agreement is registered under the Industrial Relations Act 1996.
(g) The status quo shall remain and work shall continue without interruption or dislocation during discussion and resolution of disputes.
9.3 Demarcation Disputes: In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions agree to the following dispute settling procedure:
(a) Work shall continue without interruption or dislocation during discussion and resolution of disputes.
(b) Discussion between the Labor Council of New South Wales and the Unions to try to resolve the dispute.
(c) If the dispute is not resolved after step (b), either union may notify the dispute to the Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996.
10. Monitoring Committee
(a) The parties will establish a committee to monitor the success of this award.
(b) This Monitoring Committee will meet at the commencement of construction and then at monthly intervals or as required during construction on the Project.
(c) The Monitoring Committee will consider ways in which the aims and objectives of this award can be enhanced, which may include, but not be limited to, discussion of:
developing more flexible ways of working;
enhancing occupational health and safety;
productivity plans; and
inserting new Scheduled Milestones into Annexure B.
If the principles of this award are not being followed, the Committee will develop a plan, in consultation with the parties, to implement the intent of this award.
(d) The Monitoring Committee will meet at 3-month intervals or as required to review existing milestones and will set new milestones as appropriate during the course of this award.
11. Productivity Initiatives
11.1 Learning Initiatives: Each Employer shall be required to demonstrate to Civil & Civic implementation of commitment to skill enhancement and workplace reform while working on the Project.
11.2 Inclement Weather: The parties to the award will collectively proceed towards the minimisation of lost time due to inclement weather.
Further, the Parties undertake to adopt the following principles with regard to inclement weather and idle time created by inclement weather:
(a) Adoption of a reasonable approach regarding what constitutes inclement weather.
(b) Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employee's skill, competence and training consistent with the relevant classification structures (provided that the employer shall provide transport to such unaffected area where necessary).
(c) Where the initiatives described in (b) above are not possible or non-productive, the use of non-productive time will be used for activities such as relevant and meaningful skill development, production/upgrade of skill modules, presentation and participation in learning, planning and reprogramming of the Project.
(d) All Parties are committed to an early resumption of work following any cessation of work due to inclement weather.
(e) The Parties agree that the practice of "one out, all out" will not occur.
11.3 The Site Management Plan
(a) The parties agree that the Site Management Plan ("the Plan") is of paramount importance to the productive and efficient operations of the Project.
(b) The parties agree that they will comply with the Plan.
(c) The Plan consists of sub-plans covering the following areas:
deliveries, materials handling and personnel movement;
pedestrians, visitors and members of the public;
existing tenants and neighbours;
protection of existing trees;
construction noise;
hours of work;
waste management and clean up;
behaviour on site.
(d) If the Site Manager considers that an employee or employer has committed a serious breach of the plan, the Site Manager will discuss this matter with the relevant employer and union. After this discussion the Site Manager may recommend that the employee/employer be removed from the Project.
11.4 Rostered Days Off: It is agreed that a procedure for increasing the flexibility of Rostered Days Off (RDOs) will be implemented on the Project with the purpose of:
(a) increasing the quality of working life for employees; and
(b) increasing the productivity of the Project.
A roster of RDOs will be prepared, following consultation with the Monitoring Committee, agreement of the individuals involved and their respective union.
Records of each Employee's RDO status will be maintained by their employer and made available to the Employee, the Employee's delegate or union official upon request.
11.5 Maximising Working Time: The Parties agree that crib and lunch breaks will be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption to the comfort of employees having lunch and the amenities will be maintained in a clean and hygienic state at all times.
11.6 Project-wide Communication Meetings: The Parties acknowledge that Project-wide communication meetings may disrupt productive work and agree that the Unions will update their members through the Monitoring Committee.
12. No Extra Claims
The Parties agree that they will not pursue extra claims in respect of matters covered by this award (including, but not limited to, any claim for a disability allowance) during the term of this award.
13. No Precedent
The Parties agree not to use this award as a precedent and that this award will in no way create a claim for flow on of on-site wage rates and conditions.
14. Single Bargaining Unit
This award was negotiated by the Labor Council of New South Wales on behalf of the unions and by Civil & Civic in its own right, and on behalf of the Employers.
15. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, responsibilities as a carer and age.
(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.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
16. Personal/Carers Leave
16.1 Use of Sick Leave:
16.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 16.1.3(ii) who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, 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.
16.1.2 The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
16.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
16.1.4 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 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.
16.2 Unpaid Leave for Family Purpose
16.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 16.1.3 (ii) above who is ill.
16.3 Annual Leave
16.3.1 An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.
16.3.2 Access to annual leave, as prescribed in paragraph 16.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.
16.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
16.4 Time Off in Lieu of Payment for Overtime
16.4.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within twelve (12) months of the said election.
16.4.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
16.4.3 If, having elected to take time as leave in accordance with paragraph 16.4.1 above, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.
16.4.4 Where no election is made in accordance with paragraph 16.4.1, the employee shall be paid overtime rates in accordance with the award.
16.4.5 For the purpose only of providing care and support for a person in accordance with clause 16.1 above, and despite the provisions of (insert clause number referring to general time-off in lieu arrangements) the following provisions shall apply.
16.5 Make-up Time
16.5.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
16.5.2 An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
16.6 Rostered Days Off
16.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
16.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
16.6.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
16.6.4 This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
Execution Clause
Signed for and on behalf of the Labor Council of New South Wales.
Signed for and on behalf of the Construction, Forestry, Mining and Energy Union (Construction and General
Division) (CFMEU).
Signed for and on behalf of the Communication Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (NSW Branch) - Plumbing Division (CEPU).
Signed for and on behalf of the Australian Manufacturing Workers Union (registered as AFMEPKIU).
Signed for and on behalf of the Electrical Trades Union of Australia, New South Wales Branch (ETU).
Signed for and on behalf of the Transport Workers’ Union of Australia, New South Wales Branch (TWU).
Signed for and on behalf of The Australian Workers' Union, New South Wales (AWU).
Annexure A
(PARTIES)
Part 1:
EMPLOYERS
Civil & Civic Pty Limited, etc.
Part 2:
UNIONS
The Labor Council of New South Wales (The Labor Council).
Construction, Forestry, Mining and Energy Union (Construction and General Division) (CFMEU).
Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW Branch) Plumbing Division (CEPU).
Australian Manufacturers Workers Union (registered as AFMEPKIU).
Electrical Trades Union of Australia, New South Wales Branch (ETU).
Transport Workers' Union of Australia, New South Wales Branch (TWU).
The Australian Workers Union, New South Wales (AWU).
Annexure B
Scheduled Milestones:
|Milestone |Objective |Indicator |Assessment |
| | | | |
|1. Program |Achieve PC in accordance with |Marked up OTS schedule and | |
| |the OTS schedule. |refer attached Milestone | |
|2. Noise |Compliance with authority |*Periodic noise testing | |
| |requirements for construction |*Justifiable tenant and | |
| |noise emissions. |neighbour complaints | |
| |Avoid tenant noise complaints | | |
| |and ensure their "Quiet | | |
| |Enjoyment" is maintained | | |
|3. Public Interface |Compliance with Pedestrian and |Compare incidents of non- | |
| |Traffic Management Plan. |compliance with requirements | |
| | |set out in the Pedestrian and | |
| | |Traffic Management Plan. | |
|4. EH&S |*Reduction of potential class |Process achievement. | |
| |one occurrences |*Severity | |
| | |*Frequency | |
| | |*Reduction in Pl's | |
| |*Compliance with agreed |observed. | |
| |Safe Work Methods. | | |
| | |*Monitor SWM vs actual | |
| |*All employees to attend |methods used. | |
| |induction into company's own | | |
| |Safe Work Procedures within |*Subcontractor Safe | |
| |two days of being on site. |Work Procedures Record | |
| | |Cards a hold point for | |
| |*All employees wear and do |payment of Site | |
| |weekly checks of their PPE |Productivity rate. | |
| |their employer has issued them | | |
| |to perform their task as per their |*Subcontractor check sheet a | |
| |safe work practices. |hold point for payment of Site | |
| | |Allowance. | |
|5. Hours of work |*All construction work to be |*Justifiable complaints by | |
| |conducted between the hours of |Authorities and/or tenants. | |
| |7.00 a.m. and 7.00 p.m. Mon- |*Working hours for individual | |
| |Fri. 7.00 a.m.-5.00 p.m. Sat |elements/ trades to be agreed | |
| |(excl. quiet trades). |prior to commencement of | |
| |*All noisy works to occur |activity. | |
| |outside of Tenant's operating | | |
| |hours. Noisy works that spread | | |
| |beyond the building envelope | | |
| |must occur in approved | | |
| |construction hours. | | |
|6. Tenant complaints |Compliance with House Rules |*Compare complaint with cause | |
| |and Site Management Plan. |and requirements as set out in | |
| | |the House Rules and Site | |
| | |Management Plan. | |
|7. Quality |*Compliance with approved |Verification of ITPs and | |
| |specifications and drawings and |monitor Consultant QA reports. | |
| |related documents. |Number of non-conformances | |
| |*Industry best practices and |issued. | |
| |latest technology used with | | |
| |employees trained to use these |Training records. | |
| |methods. | | |
|8. Waste |Reduction in waste creation |*Reduction of packaging | |
|Management |*Recycling |*Sources separation | |
| | |*Monthly waste management | |
| | |figures a hold point for payment | |
| | |of Site Productivity rate. | |
|9. Flexible Crib and |Crib and lunch times are to be |Waiting time of no more than | |
|Lunch Breaks |staggered to reduce down time |five (5) minutes for a hoist (or | |
| |experienced from waiting for |other time set by Site | |
| |the hoist. |Monitoring Committee as being | |
| | |appropriate given the stage of | |
| | |the Project). | |
B. W. O'NEILL, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1433) |SERIAL C0597 |
JACKSONS LANDING PROJECT AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1089 of 2001)
|Before Commissioner O'Neill |8 June 2001 |
REVIEWED AWARD
1. Introduction
The Parties to this Award acknowledge that enterprise bargaining is an appropriate way for employers and employees (and their representatives) to settle fair terms and conditions of employment. The Parties acknowledge and agree that the integrity of enterprise agreements and awards must be maintained.
The Parties also acknowledge that the building industry has special features which may require the Parties to enter agreements applicable to that project. This Award is intended to supplement existing enterprise agreements and be a framework document to assist Lend Lease Interiors in management of Project specific issues. It is recognised that this award is not intended to extend the traditional coverage of the Union Parties nor is it intended to cover works not within the scope of work to be performed by Lend Lease Interiors under its contract with its client.
2. Arrangement
Clause No. Subject Matter
1. Introduction
2. Arrangement
3. Objectives
4. Definitions
5. Application
6. Duration
7. Industry Standards
8. Environment, Health, Safety and Rehabilitation
8.1 Induction
8.2 Environment, Health and Safety Plans
8.3 The Safety Committee
8.4 Implementation of this Clause
9. Dispute Resolution
9.1 Employer Specific Disputes
9.2 Project Wide Disputes
9.3 Demarcation Disputes
10. Monitoring Committee
11. Productivity Initiatives
11.1 Learning Initiatives
11.2 Inclement Weather
11.3 The Site Management Plan
11.4 Rostered Days Off
11.5 Maximising Working Time
11.6 Project Wide Communication Meetings
12. No Extra Claims
13. No Precedent
14. Single Bargaining Unit
15. Anti-Discrimination
16. Personal/Carers Leave
Execution
Annexure A (Parties)
Annexure B
3. Objectives
The Parties agree to continue to develop and implement the following objectives in respect of the following five key areas on the Project:
3.1 Work Organisation:
(a) Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;
(b) Continued development of more effective management practices;
(c) Continued development of communication processes which facilitate participation by all Employers and Employees;
(d) Introduction of new technology and associated change to enhance productivity;
3.2 People Development/Skills: Provision of a career structure for all Employees based on skills and competencies;
3.3 Environment & Safety:
(a) Provision of high standards of occupational health & safety on the Project;
(b) Improved impact of the Project on the environment.
3.4 Quality:
(a) Workmanship of the highest standard possible with the aim of zero defects.
3.5 Generally
(a) Implementation of this Award, and compliance with statutory provisions;
(b) Elimination of unproductive time.
4. Definitions
"Award" means this Jacksons Landing Project Award made between the Parties.
"Parent Award" means each of the National Building and Construction Industry Award 1990, the Plumbing Industry (NSW) Award, Plumbers & Gasfitters (State) Award (NSW), Sprinkler Pipe Fitters Award 1975, Electrical Contracting Industry (State) Award 1992 and the National Metal & Engineering On-site Construction Industry Award 1989.
"Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer and who performs work on the Project.
"Employer" means Civil & Civic or any subcontractor engaged by Civil & Civic to work on the Project who is named in Part 1 of Annexure A plus any other subcontractors engaged by Civil & Civic to work on this Project who agree to be bound by the terms and conditions of this Award.
"Enterprise Agreement" means an agreement registered or certified under the Workplace Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).
"Monitoring Committee" means the committee established under clause 10 of this Award.
"Occupational Health and Safety Policy" means either of the plan or policy devised and implemented by the Site Manager for the Project (as amended from time to time).
"Practical Completion" means the works have been fully completed including the rectification of all faults, omissions, shrinkages or other defects except for minor faults, omissions, shrinkages or other defects (all of which must be minor and which do not prevent the works from being reasonably capable of being used for its intended purposes).
"Program Milestones" means the milestones listed in Part 2 of Annexure B as amended by the Site Manager from time to time.
"Project" means the works contracted to Civil & Civic Pty Limited at Lot 94, DP868 828 at Pyrmont, Sydney.
"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act 1983 (NSW).
"Site Manager" means the site manager for the Project appointed by Civil & Civic from time to time.
"Site Management Plan" means the plan annexed and marked Annexure C.
"Status Quo" means the conditions existing prior to the parties entering into a dispute.
"Scheduled Milestones" means those targets described in Part 1 of Annexure B as amended under Clause 7.6 from time to time.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
5. Application
(a) Subject to clause 5 (c), this Award will apply to work done on the Project by the Employees for the period the Employer engages the Employees to work on the Project.
(b) Nothing in this Award shall prevent an Employer from negotiating an Enterprise Agreement.
(c) Despite any other term of this Award, the Parties agree that the integrity of individual Enterprise Agreements will be maintained and that where Employers have entered an Enterprise Agreement, the provisions of that Enterprise Agreement will continue to apply to the Employer and its Employees on the Project.
(d) The Parties agree that where any term or condition in this Award is inconsistent with a term or condition in an Enterprise Agreement, the terms of the Enterprise Agreement will override the terms of this Award to the extent of any inconsistency provided the greater entitlement of any inconsistency shall apply. The Parties agree that there is to be no "double dipping", in the event that the provisions in an Enterprise Agreement cover the benefits provided for in this Award but packaged differently.
(e) The Parties acknowledge that they may be required to enter additional agreements on similar terms as this with other subcontractors not included in the list of Employers in Annexure A.
(f) By entering this Award, the Parties intend to enter legal relations and acknowledge and agree that the terms of this Award will create a binding contract.
(g) The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions for work on this Project.
(h) The parties acknowledge and agree that this Award will be terminated by agreement and cease to apply if the contract between Civil & Civic and its client is terminated or if the client does not enter a contract or contracts with Civil & Civic to enable to work to proceed.
6. Duration
This Award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Jackson's Landing Project Award published 5 May 2000 (315 I.G. 522).
The Award published 5 May 2000 took effect from 13 November 1998.
The changes made to the Award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 8 June 2001.
The Award remains in force until varied or rescinded, the period for which it was made having already expired.
7. Industry Standards
7.1 Superannuation and Redundancy: The Employer must comply with its award, Enterprise Agreement or legislative obligations in respect of superannuation and redundancy.
(a) The Parties acknowledge that the Unions have proposed that the following contributions be made to the superannuation fund nominated in the relevant Awards.
(i) $50.00 per week from 1 October 1997;
(ii) $55.00 per week from 1 March 1998; and
(iii) $60.00 per week from 1 October 1998.
(b) The Parties further acknowledge that if an Employer is bound to contribute to ACIRT or MERT, the Unions also propose that contributions be made by Employers to ACIRT or MERT in the amount of $45.50 per week from 1 March 1998. ($50.50 per week from 1 September 1999).
(c) The Parties agree that provided that making the contributions listed in 7.1 (a) and 7.1 (b) does not conflict with the Employers Enterprise Agreement, the Employers employing Employees eligible to be members of the Unions will make the contributions listed in clauses 7.1 (a) and (b) for the period of time the Employees are working on the Project.
7.2 Top Up/24 Hour Income Protection Insurance: Each Employer will provide Workers Compensation Top-Up / 24 Hour Income Accident Insurance with CTAS scheme or other similar scheme offered by an alternative agreed provider.
7.3 Productivity Allowance:
(a) Provided the Scheduled Milestones and the Program Milestones are met, the Employer will pay a productivity allowance for each hour worked on the Project.
(b) The maximum amount paid as productivity allowance under this Award is $1.50 per hour worked.
(c) The Site Manager will determine whether the Scheduled and Program Milestones have been achieved and if the Scheduled Milestones have been met, the Site Manager will advise the Employers and the Monitoring Committee accordingly.
(d) When deciding whether to pay the productivity allowance, the Site Manager may recommend part-payment of the allowance based on part-performance of the Scheduled Milestones or the Program Milestones.
7.4 Payment of the Productivity Allowance
(a) The productivity allowance: The Parties agree that the productivity allowance is paid only if the Scheduled Milestones and the Program Milestones are met.
The Milestones are comprised of two (2) elements:
(i) works completed against the Program Milestones; and
(ii) works completed to the Scheduled Milestones.
(b) Program Milestones
The Parties agree to use their best endeavours to meet or exceed the Program Milestones. Each Employee shall be entitled to be paid the completion to schedule component of the productivity allowance.
The completion to schedule component of the productivity allowance shall be calculated and paid as follows:
the Site Manager will review the works monthly and will verify the achievement of the Program Milestone;
the Site Manager will advise the client as to whether the relevant Program Milestone has been achieved;
if the relevant Program Milestone is met the maximum payment shall be $1.00 per hour for each hour of time worked;
payment shall be made as part of weekly wages.
In the event that a Program Milestone is not achieved, the Monitoring Committee shall meet with the Site Manager to determine:
(i) the reason why the milestone target was not achieved;
(ii) the action required to catch up to the next milestone target.
If a Program Milestone is not achieved for two consecutive months:
(i) the completion to program schedule component of the productivity allowance shall cease being paid; but
(ii) if in a following period work catches up to the Schedule, the completion to program schedule component shall recommence, and shall include payments for the preceding period(s) not paid.
(c) Payment for Completion of Scheduled Milestones
In addition to the completion to schedule component, a further payment shall be paid on achievement of project Scheduled Milestones as listed in Part 1 of Annexure B.
This payment shall be calculated and paid as follows:
(i) payment of 50c per hour paid in a lump sum to each Employee engaged on-site within 14 days of the achievement of the identified Schedule Milestone.
(ii) Payment shall be calculated on an hours worked basis only and shall not include any calculation of award or other entitlements.
(iii) The Parties agree that achievement of the identified Schedule Milestone Nos 2, 3, 4, 5, 6, 7, 8 and 9 shall be determined by Civil & Civic's client and the Labor Council of New South Wales in conjunction with the Unions.
(iv) If a Scheduled Milestone date is not achieved and there are no extenuating circumstances(s) acceptable to the Site Manager, then no Scheduled Milestone payment will be made.
(v) If in the following period(s) work catches up to allow achievement of the subsequent Scheduled Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Scheduled Milestone.
(vi) In the event that an Employee ceases work on-site or does not maintain uninterrupted employment on the project prior to payment against achievement of Milestone targets then, subject to Schedule Milestones having been achieved, the Employee concerned shall receive pro rata payment of 50c for each hour worked on site, accumulated broken employment on-site shall be paid to the nearest hour.
(d) Transport Drivers: The Parties agree that the Award does not apply to off site or purely incidental activities such as delivery of site materials or couriers. This Award will apply to Transport Drivers who are employed by an Employer if the relevant Employer makes deductions from the remuneration of that Transport Driver in accordance with the "Pay As You Earn" provisions of the Income Tax Assessment Act 1936. The Parties agree that if the Award does apply to any Transport Driver, he or she will only receive the project productivity allowance of $1.50 per hour after he or she is required, by their Employer to remain on the Project for longer than two hours in any calendar day.
7.5 Changing the Program and Scheduled Milestones : The Parties agree that the Scheduled and Program Milestones must be updated throughout the life of the Project and that the Monitoring Committee will meet at regular intervals and with the Site Manager, agree and set new Schedule and Program Milestones.
8. Environment, Health, Safety and Rehabilitation
8.1 Induction
(a) All Employees must attend an agreed EHS&R induction course as and when required.
(b) The Parties recognise the OHS&R induction training provided by TETA for casual and permanent transport workers.
8.2 Environment, Health and Safety Plans: All Employers must submit an environment, health and safety management plan to Lend Lease Interiors. These plans should include evidence of :
(a) risk assessment of their works;
(b) hazard identification, prevention and control;
(c) planning and re-planning for a safe working environment;
(d) induction of Employees;
(e) monitoring performance and improvement of work methods;
(f) reporting of all incidents; and
(g) regular EH&S meetings, inspections and audits of the Project.
8.3 The Safety Committee: The Safety Committee will be properly constituted and will abide by the agreed procedures as defined in its constitution and as revised from time to time. The Safety Committee may invite the Union to attend any Safety Committee meeting or site inspection.
8.4 Implementation of this Clause
(a) The Parties acknowledge and agree that all Parties are committed to safe working procedures and to the Project Environment Health and Safety Policy.
(b) If the Site Manager or the Safety Committee is of the opinion that an Employee or Employer has committed a serious breach of either the Environment Health and Safety Policy or the relevant safety management plan (or any other agreed safe working procedures), the Site Manager (or the Site Manager on recommendation from the Safety Committee) will implement disciplinary action against the Employer or Employee which may include taking all steps required to remove the Employer or Employee from the Project.
(c) The Parties agree that pursuant to clause 6.3 of the Code of Practice, in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and that employers may direct employees to move to a safe place of work.
9. Dispute Resolution
One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute.
9.1 Employer Specific Disputes: In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, the following procedure will be adopted:
(a) Discussion between those directly effected.
(b) Discussion between site management representatives of the Employer and the Union delegate.
(c) Discussion between senior management of the Employer, Lend Lease Interiors and the appropriate Union official.
(d) If the dispute is not resolved after step (c), the Employer or the Union may notify the dispute to the Australian Industrial Relations Commission (if the Employer’s Enterprise Agreement is registered under the Workplace Relations Act 1996 (Cth)) or the Industrial Relations Commission of New South Wales (if the Employer’s Enterprise Agreement is registered under the Industrial Relations Act 1996 (NSW) and request that the relevant Commission resolve the dispute pursuant to its powers set out in the applicable legislation.
(e) The Status Quo shall remain and work shall continue without interruption or dislocation during discussion and resolution of disputes.
9.2 Project Wide Disputes: In the event of a dispute or conflict effecting more than one Employer occurring, the following procedure will be adopted:
(a) Discussion between those directly effected.
(b) Discussion between site management representatives of Civil & Civic and the Union delegate.
(c) Discussion between site management representatives of Civil & Civic and the Union organiser.
(d) Discussion between senior management of Civil & Civic and the appropriate Union official.
(e) Discussion between the Secretary of the relevant Union (or nominee) and Civil & Civic NSW Branch Manager (or nominee).
(f) If the dispute is not resolved after step (e), the Employer may notify the dispute to the Australian Industrial Relations Commission (if the Employers Enterprise Agreement is registered under the Workplace Relations Act 1996 (Cth) or the Industrial Relations Commission of New South Wales (if the Employers Enterprise Agreement is registered under the Industrial Relations Act 1996 (NSW)).
(g) The Status Quo shall remain and work shall continue without interruption or dislocation during discussion and resolution of disputes.
9.3 Demarcation Disputes: In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions agree to the following dispute settling procedure:
(a) Work shall continue without interruption or dislocation during discussion and resolution of disputes.
(b) Discussion between the Labor Council of New South Wales and the Unions to try to resolve the dispute.
(c) If the dispute is not resolved after step (b), either Union may notify the dispute to the Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW).
10. Monitoring Committee
(a) The Parties will establish a committee to monitor the success of this Award.
(b) This Monitoring Committee will meet at the commencement of construction and then at monthly intervals or as required during construction on Project.
(c) The Monitoring Committee will consider ways in which the aims and objectives of this Award which can be enhanced, may include, but not be limited to discussion of:
developing more flexible ways of working;
enhancing occupational, health and safety;
productivity plans; and
inserting new Scheduled Milestones into Annexure B.
If the principles of this Award are not being followed, the Committee will develop a plan in consultation with the Parties, to implement the intent of the Award.
(d) The Monitoring Committee will meet at three monthly intervals or as required to review existing milestones and will set new milestones as appropriate during the course of this Award.
11. Productivity Initiatives
11.1 Learning initiatives: Each Employer shall be required to demonstrate to Civil & Civic implementation of commitment to skill enhancement and workplace reform while working on the Project.
11.2 Inclement weather: The parties to the Award will collectively proceed towards the minimisation of lost time due to inclement weather.
Further, the Parties undertake to adopt the following principles with regard to inclement weather and idle time created by inclement weather:
(a) Adoption of a reasonable approach regarding what constitutes inclement weather;
(b) Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employee’s skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);
(c) Where the initiatives described in (b) above are not possible or non-productive, the use of non-productive time will be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;
(d) All Parties are committed to an early resumption of work following any cessation of work due to inclement weather;
(e) The Parties agree the practice of "one out, all out" will not occur.
11.3 The Site Management Plan:
(a) The Parties agree that the Site Management Plan ("the Plan") is of paramount importance to the productive and efficient operations of the Project.
(b) The Parties agree that they will comply with the Plan.
(c) The Plan consists of sub-plans covering the following areas;
deliveries, materials handling and personnel movement;
pedestrians, visitors and members of the public;
existing tenants and neighbours;
protection of existing trees;
construction noise;
hours of work;
waste management and clean up;
behaviour on site.
(d) If the Site Manager considers that an Employee or Employer has committed a serious breach of the plan, the Site Manager will discuss this matter with the relevant Employer and Union. After this discussion the Site Manager may recommend that the Employee/Employer be removed from the Project.
11.4 Rostered Days Off: It is agreed that a procedure for increasing the flexibility of Rostered Days Off (RDOs) will be implemented on the Project.
With the purpose of:
(a) increasing the quality of working life for Employees; and
(b) increasing the productivity of the Project.
A roster of RDOs will be prepared, following consultation with the Monitoring Committee, agreement of the individuals involved and their respective union.
Records of each Employee’s RDO status will be maintained by their Employer and made available to the Employee, the Employee’s delegate or union official upon request.
11.5 Maximising Working Time:
The Parties agree that crib and lunch breaks will be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption to the comfort of employees having lunch and the amenities will be maintained in a clean and hygienic state all times.
11.6 Project Wide Communication Meetings: The Parties acknowledge that Project wide communication meetings may disrupt productive work and agree that the Unions will update their members through the Monitoring Committee.
12. No Extra Claims
The Parties agree that they will not pursue extra claims in respect of matters covered by this Award (including but not limited to any claim for a disability allowance) during the term of this Award.
13. No Precedent
The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim for flow-on of on-site wage rates and conditions.
14. Single Bargaining Unit
This Award was negotiated by the Labor Council of New South Wales on behalf of the Unions and by Civil & Civic in its own right and on behalf of the Employers.
15. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
16. Personal/Carers Leave
16.1 Use of Sick Leave:
16.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 16.1.3 (ii) who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, 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.
16.1.2 The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
16.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being
(a) a spouse of the employee; or
(b) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee, or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household where, for the purposes of this paragraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
16.1.4 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 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.
16.2 Unpaid Leave for Family Purposes
16.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 16.1.3 (ii) above who is ill.
16.3 Annual Leave:
16.3.1 An employee may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.
16.3.2 Access to annual leave, as prescribed in paragraph 16.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.
16.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences, until at least five consecutive annual leave days are taken.
16.4 Time Off in Lieu of Payment for Overtime:
16.4.1 An employee may elect, with the consent of the employer, to take time-off in lieu of payment for overtime at a time or times agreed with the employer within twelve (12) months of the said election.
16.4.2 Overtime taken as time off during ordinary-time hours shall be taken at the overtime rate, that is an hour for each hour worked.
16.4.3 If, having elected to take time as leave in accordance with paragraph 16.4.1 above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
16.4.4 Where no election is made in accordance with paragraph 16.4.1 the employee shall be paid overtime rates in accordance with the award.
16.4.5 For the purpose only of providing care and support for a person in accordance with clause 16.1 above, the following provisions shall apply.
16.5 Make-up Time:
16.5.1 An employee may elect, with the consent of the employer, to work "make-up time," under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided for in the award, at the ordinary rate of pay.
16.5.2 An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
16.6 Rostered days off:
16.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
16.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
16.6.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
16.6.4 This subclause is subject to the employer informing each union which is both party to the Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the unions to participate in negotiations.
Execution
Signed for and on behalf of the Labor Council of New South Wales by:
_________________________Print Name:____________________ Date: ____/______/___
Signed for and on behalf of the Construction, Forestry, Mining and Energy Union (Construction and General Division) (CFMEU) by:
_________________________Print Name:____________________ Date: ____/______/___
Signed for and on behalf of the Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division (CEPU) by:
_________________________Print Name:____________________ Date: ____/______/___
Signed for and on behalf of Australian Manufacturing Workers Union (Registered as AFMEPKIU) by:
_________________________Print Name:____________________ Date: ____/______/___
Signed for and on behalf of the Electrical Trades Union of Australia (NSW Branch) (ETU) by:
_________________________Print Name:____________________ Date: ____/______/___
Signed for and on behalf of the Transport Workers Union of Australia (TWU) by:
_________________________Print Name:____________________ Date: ____/______/___
Signed for and on behalf of the Australian Workers Union (AWU) by:
_________________________Print Name:____________________ Date: ____/______/___
Signed for and on behalf of Civil & Civic Pty Limited by:
_________________________Print Name:____________________ Date: ____/______/___
ANNEXURE A
(PARTIES)
Part 1
EMPLOYERS:
Civil & Civic Pty Limited; etc.
Part 2
UNIONS:
The Labor Council of New South Wales (The Labor Council)
Construction, Forestry, Mining and Energy Union (Construction & General Division) (CFMEU)
Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing division
Australian Manufactures Workers Union (Registered as AFMEPKIU)
Electrical Trades Union of Australia, New South Wales Branch
Transport Workers Union of Australia, New South Wales Branch
The Australian Workers Union, New South Wales
ANNEXURE B
Scheduled Milestones.
|Milestone |Objective |Indicator |Assessment |
|1. Program |Achieve PC in accordance with |Marked up OTS schedule and | |
| |the OTS schedule. |refer attached Milestone | |
|2. Noise and Dust |Compliance with authority |Periodic noise monitoring | |
| |requirements for construction |Justifiable tenant and | |
| |noise emissions. Avoid tenant |neighbour complaints | |
| |and neighbour noise and dust |Periodic dust monitoring | |
| |complaints and ensure their | | |
| |"Quiet Enjoyment" is maintained. | | |
|3. Public Interface |Compliance with Pedestrian |Compare incidents of non | |
| |and Traffic Management Plan. |compliance with requirements | |
| | |set out in the Pedestrian and | |
| | |Traffic Management Plan. | |
|4.EH&S |Reduction of potential class |Process achievement. | |
| |one occurrences |Severity | |
| | |Frequency | |
| | |Reduction in PI’s observed. | |
| |Compliance with agreed Safe |Monitor SWM vs actual | |
| |Work Methods. All employees |methods used. | |
| |to attend induction into Company's own |Subcontractor Safe Work | |
| |Safe Work | | |
| |Procedures within two days of being on |Procedures Record Cards a | |
| |site | | |
| |All employees wear and do |hold point for payment of Site | |
| |weekly checks of their PPE |Productivity rate. | |
| |their employer has issued them |Subcontractor check sheet a | |
| |to perform their task as their |hold point for payment of Site | |
| |safe work practices. |Allowance. | |
|5. Hours of |All construction work to be |Justifiable complaints by | |
|work |conducted between the hours of |Authorities and/or tenants. | |
| |7.30 am and 5.00 pm, Mon-Fri., |Working hours for individual | |
| |7.00 am-2.00 pm Sat. |elements/trades to be agreed | |
| | |prior to commencement of | |
| | |activity. | |
|6. Tenant and |Compliance with House Rules |Compare complaint with | |
|Neighbour complaints |and Site Management Plan. |cause and requirements as set | |
| | |out in the House Rules and Site | |
| | |Management Plan. | |
|7. Quality |Compliance with approved |Verification of ITPs and | |
| |specifications and drawings and related |monitor Consultant QA reports Number of| |
| |documents Industry best | | |
| |practices and latest technology |non conformances issued. | |
| |used with employees trained to use these |Training records | |
| |methods. | | |
|8.Waste Management |Reduction in waste creation |Reduction of packaging | |
| |Recycling |Source separation | |
| | |Monthly waste management | |
| | |figures a hold point for | |
| | |payment of Site Productivity | |
| | |rate. | |
|9. Flexible Crib and |Crib and lunch times are to be |Waiting time of no more than | |
|Lunch Breaks |staggered to reduce down time |five (5) minutes for a hoist (or | |
| |experienced for waiting for the |other time set by Site | |
| |hoist. |Monitoring Committee as | |
| | |being appropriate given the | |
| | |stage of the Project. | |
B. W. O'NEILL, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1445) |SERIAL C0599 |
MACQUARIE CENTRE EXPANSION STAGE 1 PROJECT CONSENT AWARD 1998
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1120 of 2001)
|Before Commissioner O'Neill |8 June 2001 |
REVIEWED AWARD
Table of Contents
A. Introduction
B. Objectives
C. Commitment
D. Definitions
Terms and Application of Award
Clause No. Subject Matter
1. Date of Operation
2. Single Bargaining Unit
3. Flexibility
4. Maximising Working Time
5. Industry Convention
6. Enterprise Agreements
7. Sub-Contracting
8. Legal and Contractual Obligations of Contractors
9. Project Productivity Allowance
10. Superannuation Contributions
11. Redundancy Contributions
12. Annual Leave
13. Long Service Leave
14. Safety and Amenities Policy
15. Safety Procedures
16. Non Smoking Provisions
17. Project Safety Committee
18. Protective Equipment
19. Workers' Compensation
20. Workers' Compensation Top-Up Cover and 24-Hour Accident Cover
21. First Aid Facilities
22. Inclement Weather
23. Clothing
24. Apprentices
25. Notice Board
26. Right of Entry
27. Avoidance of Disputes - Grievance Procedures
28. Not a Precedent
29. No Extra Claims
Signature Pages
A. Introduction
This Award shall be known as the Macquarie Centre - Expansion Stage 1 Project Consent Award 1998.
This Award recognises existing Enterprise Agreements between Employers and their Employees. It also recognises that some Employers may not have entered into Enterprise Agreements with their Employees at the time they commence work on the Project.
This Award is generally intended to supplement and co-exist with the terms and conditions of existing Awards and Enterprise Agreements and its purpose is to provide a framework for managing those issues on the Project which affect or may affect one or more Employers.
This Award sets out specific employment terms and conditions to apply to Employees who work on the Macquarie Centre - Expansion Stage 1 Project.
The Parties to this Award are the Employers; the Labor Council of NSW, the Unions and the Employees employed on the Project.
It is recognised by the Parties that additional obligations and rights arise under a range of other awards and agreements, which will apply to Employers, Unions and Employees.
The Parties commit to complying with their respective obligations under this Award subject to the law.
B. Objectives
The primary objectives of this Award are:
to provide a site based Project Consent Award that complies with the Industrial Relations Act 1996 (NSW);
to complete the Project on time or earlier and within budget;
to ensure that the Parties provide a safe work place on the Project;
to allow all construction work to continue without any interruptions during the construction period;
to promote and implement improved work methods and productivity;
to encourage quality communication between Employees, Employers and Unions;
to adopt a co-operative and non-adversarial approach to all industrial relations issues;
to develop a constructive and harmonious relationship between Employers, Unions and Employees in respect of the Project;
to provide good wages and conditions to all Employees engaged on the Project; and
to ensure that all Employees receive their statutory entitlements under awards, enterprise agreements, this Award and other statutes.
To ensure that these objectives are met, the Parties agree to:
avoid any action which disrupts or impedes production by the prompt resolution of Employees' concerns through effective communication and the agreed process of consultation and grievance handling;
maintain standards of conduct necessary to ensure a safe and efficient operation;
ensure that at all times, terms and conditions of employment will be maintained in accordance with the appropriate award/enterprise agreement and this Award;
ensure that working relationships between Employees, signatory unions and Employers are developed to promote mutual trust, co-operation and open communication of relevant information and ideas;
commit to the provision of appropriate training opportunities to employees so as to secure enhanced performance.
Fletcher Construction and companies covered by this agreement will constantly seek improvements in safety, methods of production, work organisation, quality, and in other areas which will assist in the delivery of the Project on time and within budget.
The Parties to this Award commit themselves to honour its terms and accept that, subject to the proper consultation processes being followed, everyone will be expected to co-operate willingly to achieve the objectives of this Award.
C. Commitment
The parties to the Macquarie Centre - Expansion Stage 1 Project Consent Award are committed to ensuring that:
(a) The terms and conditions of the Award lead to real gains in overall Project productivity and workplace efficiencies, without any reduction to health and safety standards;
(b) The Avoidance of Disputes Grievance Procedures provided in this Award are strictly adhered to;
(c) A culture that is committed to constructing a facility of the highest quality workmanship is fostered.
D. Definitions
'Award' means the Macquarie Centre - Expansion Stage 1 Project Consent Award 1998.
'Contractor’ means an Employer who has been approved by Fletcher Construction Australia Limited to carry out work on-site in connection with a contract package of work.
'Domestic Dispute' means a dispute restricted to a disagreement between one single Employer and any of its Employees and which has no affect on the ability of any other Employer to perform its work.
'Employee' means a person engaged by an Employer under the terms of either an award or enterprise agreement, Federal or State, or recognised industry piece work or contract rates agreement who performs on-site in connection with a contract package or sub-contract package for the Project.
'Employer' means Fletcher Construction Australia Limited and any Contractor or Sub-Contractor who performs work on-site.
'Enterprise Agreement’ means any agreement approved or certified under the Industrial Relations Act 1988 (Cth), Workplace Relations Act 1996 or the Industrial Relations Act 1996 (NSW).
'Labor Council' means the Labor Council of NSW a state branch of the ACTU.
'Fletcher’ means Fletcher Construction Australia Limited.
'Fletcher Project Manager’ means the person nominated by Fletcher from time to time as its most senior representative on the Project.
'Managing Contractor' means Fletcher Construction Australia Limited.
'Parties' means Employers, Labor Council, Employees and their Unions.
'Project Allowance' means the allowance payable under Clause 9 of this Award.
'Project' means the Macquarie Centre - Expansion Stage 1 Project being managed or constructed by Fletcher Construction Australia Limited.
'Project Consent Award' means this Award.
'Project Completion Date' means the date of practical completion agreed between Fletcher Construction Australia Limited and the client for all works.
'Project Dispute' means a dispute over a matter, which affects more than one Employer and any of their Employees.
'Sub-Contractor’ means an Employer who has been approved by Fletcher Construction Australia Limited to carry out work on-site in connection with a sub-contract package of work.
'Tradesperson' means an Employee engaged as a tradesperson including but not limited to a Carpenter, Bricklayer, Tilelayer, Plasterer, Painter, Glazier, Ceramic Tiler, Plumber and Gasfitter, Sprinkler Pipe Fitter, Joiner, Metal Tradesperson, Electrician, and Cabinet Maker.
'Unions' means each of The Construction, Forestry, Mining and Energy Union (Construction and General Division), New South Wales Branch. The Electrical Trades Union of Australia, New South Wales Branch; CEPU Electrical Division, The New South Wales Plumbers & Gasfitters Employees' Union, CEPU Plumbing Division, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, Transport Workers Union of Australia, New South Wales Branch.
'Union Delegate' means an Employee of any Employer elected to act as the representative Union Delegate for the Employees.
'Work On-Site' means all Fletcher Construction Australia Limited construction work that is carried out on the Project that is covered by the various contract packages let by Fletcher.
‘Terms and Application of Award’
A. Macquarie Centre - Expansion Stage 1 Project Consent Award 1998
The terms of this Award will be observed by all Employers, Unions and Employees subject to the law until the expiry of the Award on the Project Practical Completion Date.
All Employees shall be paid in accordance with the applicable award and/or Enterprise Agreement that exists between each Employer and their Employees.
Where any term and condition of employment in this Award provides a greater benefit to an Employee than the terms and conditions applying to that Employee under any award or Enterprise Agreement, Federal or State, then this Award shall apply subject to the law.
This Award shall not apply to persons who are required as part of their normal duties to visit the site for the purpose of a pick up or a delivery or to carry out routine maintenance or repairs to on-site plant of a minor nature or for short duration. This Award shall not apply to any off-site work.
This Award does not apply to off site or purely incidental activities such as delivery of site materials or couriers, except for transport award drivers who are required to have a regular involvement with this site, in excess of two (2) hours per day. These applicable drivers will be entitled only to the provisions of Clause 9 of this award. Lorry owner-drivers are not entitled to the provisions of this award.
B. Other awards
Where this Award is found not to apply to a circumstance or event, or that the intent of any Clause of this Award is unclear, reference may be made to any relevant award.
In the event that the Parties are unclear on which provision applies then Clause 27 of this Award shall be immediately invoked. If, in the opinion of the Industrial Relations Commission of NSW, conciliation will not resolve the issue, Arbitration will take place before the Commission,
1. Date of Operation
(a) This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Macquarie Centre Expansion Stage 1 Project Consent Award 1998 published 24 March 2000 (314 I.G. 442).
(b) The award published 24 March 2000 took effect from the first full pay period to commence on or after 23 December 1998 and shall remain in force until the practical completion date.
(c) The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 8 June 2001.
(d) This award remains in force until varied or rescinded, the period for which it was made already having expired.
(e) The provisions contained in this Award shall apply to all Employees on and from the 17 August 1998 except that the entitlements payable under Clause 9 of this Award shall be paid to each Employee on and from the date each Employee commenced work on-site.
2. Single Bargaining Unit
For the purposes of negotiating and finalising this Award, the Unions were fully represented by a single bargaining unit, under the auspices of the Labor Council of New South Wales, consisting of the following Unions:
The Construction, Forestry, Mining and Energy Union (Construction and General Division), New South Wales Branch.
The Electrical Trades Union of Australia, New South Wales Branch (and their Federal Counterpart).
The New South Wales Plumbers & Gasfitters Employees' Union (and their Federal Counterpart).
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.
The Transport Workers Union of Australia, New South Wales Branch.
3. Flexibility
The Parties are committed to a flexibility of jobs and duties, and acceptance of improved work organisation which means unimpeded flexibility and interchange ability such that every individual Employee will perform any task that the Employee is competent to perform, provided that such tasks are safe, legal and logical and within the classification structure of their award or Enterprise Agreement and consistent with the scope of work on the Project of their Employer.
4. Maximising Working Time
The Parties agree that to complete the Project on time it is necessary (and therefore it is the intent of this Award) that the time available for productive work must be maximised. This will involve the use of overtime as determined by the Project Manager.
Work may be performed on any Industry RDO and each Employer will arrange with its Employees the banking of RDO's and alternative days off. Each Employer will seek the agreement of the appropriate Union Delegate who represents the Employee's concerned. Any banking of RDO's will be with the majority of the Employee's consent and said R.D.O’s banked will be printed on each employee’s pay advice. The banking of RDO's is not accepted by the CEPU Plumbing Division.
There is a limit of 5 RDO's to be banked for each 12-month period.
Contractors and Sub-Contractors will advise Fletcher Construction Australia Limited five (5) days prior to any RDO of their requirements to work or observe the industry RDO provisions. Any Contractor or Sub-Contractor wishing to work on the industry RDO must obtain approval from Fletcher.
Fletcher Construction Australia Limited may from time to time following consultation between the Parties decide to close the Project on an Industry RDO.
5. Industry Convention
The Parties are aware of the convention of some Employers making payments or providing conditions to their Employees in excess of the relevant awards or Enterprise Agreement by private treaty for incentive purposes or for the purpose of attracting labour.
The Parties agree that they will not seek to change the terms of this Award as a result of a private treaty as described above "nor" will they seek redress from any Employer.
Subject to the State or Federal legislation nothing in this Clause represents an endorsement of "all in payments" or sham sub-contract arrangements, which are prohibited on the Project.
6. Enterprise Agreements
Each Employer will utilise their existing enterprise agreement on the Project. This Award is generally intended to supplement and co-exist with the terms of existing enterprise agreements and its primary purpose is to provide a framework for Fletcher Construction Australia Limited and the Subcontract Employers to manage those issues on the Project which affect or may affect more than one Employer. The Parties acknowledge that there will be Employers on the Project who have entered into enterprise agreements with their Employees and there may be Employers who have not done so.
In recognition of the objectives of the NSW and Commonwealth Governments to increase efficiency and productivity in the industry, the Parties agree to encourage any Employers who have not already done so to enter into enterprise agreements. Such Employers will be encouraged to use their best endeavours to attempt to negotiate and conclude within 3 months of their engagement by Fletcher Construction Australia Limited, an enterprise agreement in accordance with the Industrial Relations Act 1996 (NSW) and/or the Workplace Relations Act 1996 and the following guidelines:
(a) the Employer must comply with the relevant legislative framework for negotiating an Enterprise Agreement. Fletcher Construction Australia Limited, the Labor Council of New South Wales and relevant Union will provide advice upon request;
(b) the proposed enterprise agreement should provide genuine productivity improvements, wage increases and other benefits.
Enterprise Agreements, which expire during the life of this Project, shall be re-negotiated in a fair and equitable way. The parties agree that during such times any possible industrial action, which may arise, will be minimised.
7. Sub-Contracting
Fletcher Construction Australia Limited acting in the capacity of Managing Contractor shall have the discretion to engage one or more Employers in a particular trade, discipline or package of work.
This provision shall be subject at all times to compliance with legal and contractual requirements including this Award.
8. Legal and Contractual Obligations of Contractors
The Parties recognise that it is in the interests of sound industrial relations on the Project that Employers meet all their obligations including payment of employment benefits under this Award, other enterprise agreements or applicable awards and legislation. As part of the shared concern of the Parties that sound industrial relations are maintained the Parties stress the importance of:
(a) Compliance with award obligations, enterprise agreement or this Award provisions; and
(b) Employers not entering into arrangements or contracts designed to circumvent award or legislative obligations including inappropriately treating a genuine Employee as an independent contractor and/or inappropriate application of the prescribed payment system (PPS); and
(c) Compliance with statutory requirements for Workers Compensation.
The terms of this Clause are to be specifically drawn to the attention of each Employer prior to it commencing work on the Project. If during the course of the work on-site non-compliance is identified it will be immediately rectified. Should a problem arise it will be resolved in accordance with Clause 27 of the agreement.
9. Project Productivity Allowance
In consideration of the increased productivity and benefits, which will flow from improved project co-ordination and management the following Project Allowance will apply and be paid weekly to all Employees.
(a) Payment to All Employees
Each Employee for accepting the common conditions in this Award shall receive from his/her Employer a 'Project Productivity Allowance' of $1.50 paid for each hour worked; effective from the date each Employee commences work on-site.
The Project Allowance shall be paid for hours worked only and will not attract any penalty or premium.
The above Project Productivity allowance is paid on top of any existing productivity or similar payment in agreements between Employers and Employees except where a Companies agreement provides for absorption of part, or all of any such additional site/productivity payment, as identified above, in which case, the said absorption will apply.
10. Superannuation Contributions
Each Employer shall comply with its award or Enterprise Agreement and legislative obligations in respect of superannuation, except that the minimum weekly contribution for all Employees shall be $55.00 per week effective from the date of the Employee commencing on-site. The $55.00 per week contribution shall increase to $60.00 per week on the 1 September 1998, unless specified otherwise by a relevant certified Enterprise Agreement.
11. Redundancy Contributions
Each Employer shall comply with its award or Enterprise Agreement provisions in respect of redundancy entitlements, except that the minimum weekly contribution for all Employees shall be $46.00 per week from the date of the Employee commencing on-site and will increase to $50.50 per week from 1 September 1999, unless specified otherwise by a relevant certified Enterprise Agreement.
12. Annual Leave
The quantum of annual leave shall be as prescribed by the appropriate Federal Award or the Annual Holidays Act 1944 NSW.
13. Long Service Leave
All Employers shall strictly comply with the Building and Construction Industry Long Service Payments Act 1986, NSW.
14. Safety and Amenities Policy
Employers and Employees on the Project shall provide a safe workplace in accordance with the Occupational Health & Safety Act 1983, applicable Work Cover Authority Codes of Practice and the Project Safety Plan.
15. Safety Procedures
No Employee will be required to work in or on an unsafe area or process on the Project. Where a safety problem has been identified by the safety committee, which prevents work from occurring in any area, work shall cease in the immediate affected area only. Priority will be given to rectifying unsafe access areas. If any access areas are unsafe, Employees will use alternative safe access.
Should a safety dispute arise over whether one or more work areas are safe or not, the following procedures shall apply:
(a) Employees shall not leave the Project unless directed to do so by their Employer in the event of an emergency;
(b) immediate inspection of the affected work areas will be carried out by both Fletcher Construction Australia Limited and Employee representatives of the safety committee;
(c) Fletcher Construction Australia Limited in conjunction with representatives of the safety committee will select the sequence of inspections of areas;
(d) the inspection shall identify the safety rectification work required in each area;
(e) as safety rectification work is agreed for each area, all relevant Employees shall immediately commence such rectification works;
(f) upon verification that such rectification has been completed; normal work will resume progressively in each area;
(g) should any dispute arise as to the rectification work required to any area, then Fletcher Construction Australia Limited will immediately call the designated Work Cover Authority inspector to recommend the rectification work. The Work Cover Authority inspector's decision will be binding on all Parties;
Nothing in this Clause shall negate or contradict any obligations under the Occupational Health and Safety Act.
16. Non Smoking Provisions
During the operation of this Award, certain areas of the Project will be designated as non-smoking zones.
All Site offices, amenities and any other enclosed areas will be designated as non-smoking zones.
Any person smoking within a designated no smoking zone shall first be warned and counselled. Any further smoking within designated no smoking zones will result in that person is being removed from the Project.
Nothing in this Award shall affect the right of an Employer and its Employees in making further non-smoking provisions.
17. Project Safety Committee
A Safety Committee will be established on the Project, in accordance with the Occupational Health & Safety Ac, 1983.
Each Employee who is elected as a member of a safety committee on the Project must have completed an accredited safety committee training course or undertaken such a course within 3 weeks of being elected as a member of the safety committee. If other advanced safety training requirements are identified, they will be implemented so as to ensure that the members of a safety committee are adequately equipped. There will be a constitution for safety committees adopted by agreement of the safety committee prior to it commencing operation on site.
18. Protective Equipment
Each Employer shall provide suitable protective equipment to an Employee when and where required in accordance with the provisions of the New South Wales Occupational Health and Safety Act 1983 NSW, its Regulations, applicable Work Cover Authority Codes of Practice and other recognised good safety practices.
Abuse and disregard of protective equipment used by Employees will result in counselling of the Employee concerned, repeated offences will result in that person being removed from the Project.
Abuse and disregard by Employers of the protective equipment provisions of this Award will result in counselling that Employer concerned, repeated offences will result in that Employer being removed from the Project.
19. Workers' Compensation
Employers shall comply with the provisions of the Workers' Compensation Act and in particular the display of relevant notices and maintenance of site accident report books.
Employees engaged on the Project will report injuries and comply with claim requirements at the earliest possible date after injury.
In cases where the Employee is not in a position to personally comply with, the relevant Union or Employer will assist in fulfilling claim requirements and the need:
to forward to the insurer within seven (7) days claim documentation relating to the Employee's injury;
to telephone the insurer with details of the claim on receipt of the claim and medical certificate;
the insurer will open a file and begin, the processing of the claim on receipt of a telephone call from the Employer; and
Workers’ Compensation payments will be made to the injured worker in an expeditious manner after the claim is agreed with the insurer.
Each Employer will use its best endeavours to ensure that workers' compensation payments are made to injured workers expeditiously.
20. Workers' Compensation Top-Up Cover and 24 Hour Accident Cover
Subcontractors shall effect a top-up insurance/24 hour accident income protection cover with an agreed insurer to industry standard. The only exception for providing such cover will be for Employers who engage CEPU members and are covered by the "Wage Cover" scheme. In these circumstances no double payments will occur.
21. First Aid Facilities
Relevant first aid provisions will be provided on the project in accordance with Legislative requirements. Nominated first aid officers will perform first aid duties as required, in conjunction with their normal construction work tasks.
22. Inclement Weather
Nothing in this Clause is intended to interfere with any existing award or Enterprise Agreement arrangement between an Employer and its Employees with respect to inclement weather. The Parties intend to minimise lost time due to inclement weather and the purpose of this Clause is to establish common procedures so that the welfare and safety of Employees is respected and where it is safe to do so, work can continue in an orderly fashion during periods of inclement weather. Employees who normally work in exposed work areas accept that during periods of inclement weather, work in undercover work areas may not be available to all Employees of a particular Employer and if this is so, that some Employees will be required to work and some will be required to wait until the inclement weather clears.
An Employee during periods of inclement weather will not be unnecessarily required to remain on the Project after the decision on the weather being inclement has been made by the Employers in consultation with the Employees.
The Parties will adopt a reasonable approach with respect to inclement weather procedures and what constitutes "inclement weather". Employees will accept transfers from an exposed work area to an undercover work area not affected by inclement weather if useful work is available in that area and that work is within the scope of the Employee's skill, competence and training and can be safely performed. Employees will walk to and between work areas where it is safe and reasonable to do so in order to continue work in areas" unaffected by inclement weather.
During and after periods of inclement weather the Fletcher Project Manager, after consultation with the Safety Committee, will advise each Employer of those areas where it is reasonable and safe for work to continue or recommence.
Each Employer will then determine with its Employees any steps necessary to ensure that work can continue in a safe manner. In all cases, priority will be given to ensuring that a safe workplace is provided and safe systems of work are used.
Nothing in this procedure will negate or contradict the rights of the safety committee under the terms of the Occupational Health and Safety Act. The practice of "one out, all out" will not occur.
23. Clothing
Employers will provide their Employees with the following items of clothing provided that if an Employer has obligations to provide clothing under an award, Enterprise Agreement of an equivalent standard then such Employer will not be bound by the terms of this Clause.
(a) Safety Footwear
Appropriate safety footwear will be issued upon commencement of work on the Project and will be replaced on a fair wear and tear basis thereafter provided they are produced to the Employer for inspection.
(b) Overalls, Combination or Bib & Brace & Shirts or Trousers & Shirts
2 sets of protective clothing will be provided after accumulated employment on the Project by an Employee of 152 hours and will be replaced twice per calendar year or as a result of fair wear and tear provided they are produced to the Employer for inspection.
(c) Jackets
Each Employee, after accumulated employment on the Project of 152 hours shall be eligible to be issued with one (1) Australian made warm blue jacket or lined woollen jacket or equivalent, which will be replaced once per calendar year or by fair wear and tear.
The type of jacket issued to an Employee will be determined by the nature of work performed to ensure that the jacket is not unsafe for the work performed by each Employee.
(d) Equivalent Clothing
Where documented evidence can be shown that the equivalent protective clothing referred to in a), b) and c) above has been supplied by the Employer within the last three (3) month period, then the above will not apply.
24. Apprentices
Apprenticeship ratios shall be in accordance with the NSW Government guidelines for Apprentices. Employers using plumbing Tradespersons will employ Apprentices in accordance with Schedule C of the Sprinkler Pipe Fitters Award 1975.
25. Notice Board
Fletcher Construction Australia Limited shall provide a notice board of reasonable dimensions to be erected in a prominent position adjacent to the crib facilities. An accredited union representative, Fletcher Construction Australia Limited, or the Employer shall be permitted to put on the notice board, notices authorised by the representative posting them. Any notice posted on such board not so authorised may be removed by an accredited union representative, Fletcher Construction Australia Limited, or the Employer.
26. Right of Entry
Subject to the relevant legislation, to facilitate the communication process, a duly accredited officer of a Union Party to this Award, when visiting the Project is to advise the Fletcher Project Manager or nominee of his/her presence on the Project upon arrival.
27. Avoidance of Disputes - Grievance Procedures
It is a condition of employment and a fundamental requirement of this Award that this Clause be observed in its entirety by all Parties to this Award.
On all occasions, any issue, grievance or dispute over any matter between the Parties to this Award shall be settled in accordance with this procedure without resorting to industrial action. This shall apply whether the matter in dispute relates directly to site employment or not, or whether it relates to a matter dealt with by this Award or a relevant award, or not.
Parties to this Award will not be disadvantaged by continuity of operations. It is agreed that issues and disputes will be processed through Avoidance of Disputes - Grievance Procedure.
The Parties shall use their best endeavours to prevent disputes arising on the Project. In the event that a dispute does arise:
(a) the status quo, which existed prior to the dispute, shall prevail and work shall continue without prejudice to any of the Parties;
(b) the Parties shall use their best endeavours to resolve the dispute, using the relevant steps in the following procedures.
Domestic Disputes:
In the event of a Domestic Dispute the Parties will use their best endeavours to resolve the dispute as follows:-
(a) in the first instance, the Employee or Employees concerned and the immediate supervisor of the relevant Employer and if required, the Union Delegate shall endeavour to resolve the grievance or dispute;
(b) if after step (a) the matter is not resolved, then the Employer's senior management, and Union Delegate shall confer in an endeavour to resolve the dispute;
(c) if after step (b) the matter is still not resolved, then the relevant Union secretary or nominee, the Employer's, senior management and the Fletcher Project Manager, shall confer in an endeavour to resolve the dispute;
(d) if after step (c) the matter remains unresolved, any of the Parties may notify a dispute to the Industrial Relations Commission but at the same time the Parties may continue to confer through the Labor Council of NSW, to try and resolve the dispute.
Project Disputes:
In the event of a Project Dispute, the Parties will use their best endeavours to resolve the dispute in the following steps:
(a) in the first instance, the most senior on-site Manager of each Employer and its Union Delegate involved in the dispute will confer
(b) if after step (a), the matter is not resolved then the secretary of the relevant Union or nominee, the Fletcher Project Manager and the senior management of the Employers involved shall confer in an endeavour to resolve the dispute;
(c) if after step (b) the matter is still not resolved, the Employers or the Union(s) may notify a dispute to the Industrial Relations Commission but at the same time the Parties may continue to confer through the Labor Council of NSW, to try and resolve the dispute.
Award Disputes:
In the event of a dispute concerning this Award the Parties to the dispute will use their best endeavours to resolve the dispute using the Award Disputes procedure. Where the Parties to the dispute are unable to reach agreement the matters will be referred to the Industrial Relations Commission of NSW for determination.
28. Not a Precedent
The Parties will not use this Award as a precedent on any other project.
29. No Extra Claims
The Unions will not make any extra claims in respect of matters covered by this Award for the duration of the Project.
|SIGNED for and on behalf of) | |
|FLETCHER CONSTRUCTION AUSTRALIA | |
|LIMITED) | |
|in the presence of) | |
| | |
|Signature of Witness |Date |
| | |
|Name of Witness (Print) |Date |
| | |
|SIGNED for and on behalf of) | |
|THE LABOR COUNCIL OF NSW) | |
|in the presence of) | |
| | |
|Signature of Witness |Date |
| | |
|Name of Witness (Print) |Date |
| | |
|SIGNED for and on behalf of) | |
|THE CONSTRUCTION, FORESTRY, MINING | |
|AND ENERGY UNION, (CONSTRUCTION AND | |
|GENERAL DIVISON) NSW BRANCH) | |
|in the presence of) | |
| | |
|Signature of Witness |Date |
| | |
|Name of Witness (Print) |Date |
| | |
|SIGNED for and on behalf of) | |
|THE ELECTRICAL TRADES UNION OF | |
|AUSTRALIAN NEW SOUTH WALES BRANCH) | |
|in the presence of) | |
| | |
|Signature of Witness |Date |
| | |
|Name of Witness (Print) |Date |
| | |
| | |
|SIGNED for and on behalf of) | |
|THE TRANSPORT WORKERS’ UNION OF | |
|AUSTRALIA NEW SOUTH WALES BRANCH) | |
|in the presence of) | |
| | |
|Signature of Witness |Date |
| | |
|Name of Witness (Print) |Date |
| | |
|SIGNED for and on behalf of) | |
|THE NEW SOUTH WALES PLUMBERS’ & | |
|GASFITTERS EMPLOYEES’ UNION) | |
|in the presence of) | |
|Signature of Witness |Date |
| | |
|Name of Witness (Print) |Date |
| | |
|SIGNED for and on behalf of) | |
|AUTOMOTIVE, FOODS, METALS, | |
|ENGINEERING, PRINTING & KINDRED | |
|INDUSTRIES UNION NEW SOUTH WALES | |
|BRANCH) | |
|in the presence of) | |
| | |
| | |
|Signature of Witness |Date |
| | |
|Name of Witness (Print) |Date |
| | |
| | |
B. W. O'NEILL, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1287) |SERIAL C0882 |
CSR LTD TRADING AS THE READYMIX GROUP SYDNEY QUARRIES NO.3 (STATE) AWARD 1998
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1002 of 2001)
|Before Commissioner Patterson |21 June 2001 |
REVIEWED AWARD
CONTENTS
Clause No. Subject Matter
1. Title Of Award
2. Arrangement
3. Parties To The Award
4. Relationship To Parent Award
5. Term Of The Award
6. No Extra Claims
7. Review Of Award
8. Aims And Objectives Of The Award
9. Communication
10. Disputes Procedure
10a. Anti-Discrimination
11. The First And Second Enterprise Award
12. Stages Of This Award
13. Business Unit
14. Hours Of Work
15. Electronic Funds Transfer
16. Meal Allowances
17. Rest Period After Overtime
18. Redundancy
19. Annualised Salaries
20. Casual Employees
21. Increased Flexibilities
22. Team Work
23. Wage adjustments
ANNEXURE "A
1. Title of Award
This award shall be known as CSR Ltd trading as The Readymix Group Sydney Quarries No. 3 (State) Award 1998.
2. Arrangement
This award shall apply at all quarrying sites operated by CSR LTD trading as The Readymix Group - Sydney Quarries Division (as set out in Annexure "A") in respect of employees covered by the Quarrying Industry (State) Award.
3. Parties to the Award
This award shall be binding on:
(a) CSR Ltd trading as The Readymix Group at all Sydney Quarries Division quarrying sites as set out in Annexure "A" to this award (hereafter "the company").
(b) The organisations of employees known as:
I. The Australian Workers' Union, New South Wales
II. Federated Clerks' Union of Australia, New South Wales Branch.
(c) All employees who are engaged in any of the classifications specified in the Quarrying Industry (State) Award, excluding mechanical fitters.
4. Relationship to Parent Award
1. This award shall be read in conjunction with the Quarrying Industry (State) Award (hereafter the "parent award").
2. Where there is any inconsistency between the "parent" award and this award, this award shall prevail to the extent of any inconsistency.
5. Term of the Award
This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the CSR Ltd Trading as The Readymix Group Sydney Quarries No.3 (State) 1998 published on 18 June 1999 (309 I.G. 824) and all variations thereof.
The award published on 18 June 1999 took effect from the first full pay period commencing on or after 2 July 1998.
The changes made to the award pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 21 June 2001.
This award remains in force until varied or rescinded, the period for which it was made having already expired.
6. No Extra Claims
Except for general movements in award wages granted by the Industrial Relations Commission of New South Wales via State Wage Cases, that are not subject to absorption, there shall be no further claims for wage increases during the term of this award.
7. Review of Award
The parties agree to review this award no later than 3 months prior to the end of its term. In the context of this review, the parties shall examine both the operation of the award and the possibilities of entering into a further award.
8. Aims and Objectives of the Award
1. Aims
The parties to this award are committed to continue improvements in productivity, efficiency and flexibility which in turn will significantly increase the company’s competitiveness and offer secure and worthwhile employment for employees.
The company business needs to continue to improve and grow so that it becomes competitive.
The company has developed a vision of the type of business it wants and the elements necessary to transfer that vision to a reality.
The critical elements are:
(a) A Customer Service Focus
(b) Safe and Rewarding Work
(c) Continuous Improvement
(d) Employee Participation
(e) Improved Competitiveness
(f) Removal of Artificial Barriers
(g) Increase job Security
2. Objectives
(a) To improve the efficiency and productivity of the company by ensuring management and labour practices are more closely attuned to current and future needs and objectives of the company.
(b) To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in the market place.
(c) To provide a climate for employees to develop a broader range of skills thereby maximising rewards to employees and security of employment.
(d) To benchmark other organisations that are leaders in the field of increased efficiency and productivity and where appropriate utilise this information in implementing change.
9. Communication
All employees the subject of this award may be required to attend a communication session to inform employees of the contents and requirements of this award.
10. Disputes Procedure
1. A procedure for the avoidance of industrial disputes and employee grievances shall apply at all sites covered by this award.
2. The objectives of the procedure shall be to promote the resolution of disputes / grievances by measures based on consultation, co-operation and discussion, to reduce the level of industrial confrontation and to avoid interruption to the performance of work and the consequential loss of production and wages.
3. Any employees or delegates should obtain permission from their manager or supervisor prior to leaving their workstation to consult with the employer. Such permission shall not be unreasonably withheld. All union business, in relation to this procedure, shall be conducted by the employee in the employer’s time.
4.
(A) Procedures relating to grievances of individual employees
I. The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
II. A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
III. Reasonable time limits must be allowed for discussion at each level of authority.
IV. At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
V. While a procedure is being followed, normal work must continue.
VI. If they so chose the employee may be represented by an industrial organisation of employees.
(B) Procedures relating to disputes etc., between employers and their employees.
I. A question, dispute or difficulty must initially be dealt with as close to its sources as possible, with graduated steps for further discussion and resolution at higher levels of authority.
II. Reasonable time limits must be allowed for discussion at each level of authority.
III. While a procedure is being followed, normal work must continue.
IV. The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.
5. There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.
6. Reasonable time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.
7. Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute.
8. In order to allow for the peaceful resolution of grievances and disputes the parties shall be committed to avoid industrial action including, stoppages of work, lock-outs or any other bans or limitations on the performance of work while the above procedure is being followed.
9. The employer shall ensure that all practices applied during the operation of the procedure are in accordance with their obligations under the Occupational Health and Safety Act 1983 (NSW) and consistent with established custom and practice at the workplace.
10A. 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 carer’s responsibilities.
(ii) 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.
(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) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
11. The First and Second Enterprise Award
The parties to this award agree that the output and improvements made from the first award known as; "CSR Ltd Trading As The Readymix Group Sydney Construction Products And Country Divisions Quarries Enterprising Bargaining Framework Award 1994" (hereafter the "first award") and the CSR T/A The Readymix Sydney Quarries Enterprise Agreement No. 2 (State Award 1997 shall be the starting point from which further improvements are to be made consistent with the terms of this award. The parties will ensure that the commitments and requirements arising from the first award are met.
12. Stages of This Award
This award shall comprise of 3 stages:
Stage 1:
Upon ratification of this award a 5% wage increase shall be paid to employees the subject of this award. This increase is inclusive of the 2% safety net payment contained in the second award.
Stage 2:
12 months after ratification of this award a further 5% wage increase.
Stage 3:
24 months after ratification of this award a further 5% wage increase.
13. Business Unit
The business units are set out in Annexure "A" to this award.
14. Hours of Work
(i) Not withstanding alternate agreed arrangements at Prospect Quarry, the ordinary spread of hours shall be from 6.00 am to 6.00 pm Monday to Friday, inclusive.
(ii) Starting times fixed in accordance with the spread of ordinary hours in sub-clause (i) above may be varied by the employer to suit the needs of the business.
(iii) Should the employer seek to alter the start times by utilising the period between 6.00am to 6.30am, such alternation shall be by agreement of the majority of employees concerned.
15. Electronic Funds Transfer
Payment of wages shall be paid weekly by Electronic Funds Transfer into an account/s nominated by the employee.
16. Meal Allowances
(i) An employee who is required to work overtime for more than 2 hours beyond the cessation of the employees ordinary hours of work for that day, shall be paid a meal allowance of $8.60. This allowance shall be paid after every 4 additional hours of overtime worked on any one day.
(ii) Subclause (i) of this clause is in lieu of clause 4.7 (overtime) subclause (4) Cribs (a) of the parent award.
17. Rest Period After Overtime
For the purpose of Clause 4.7 (overtime) subclause (2) Rest Period after Overtime, of the parent award, the relevant time period for consecutive hours off duty shall be nine hours.
18. Redundancy
Where permanent employees the subject of this award are made redundant by the employer, they shall receive the following termination payment.
(a) Notice as prescribed by the relevant legislation.
(b) 2 weeks for each year of service (pro-rata) to a maximum of 52 weeks (exclusive of the notice period in (a) above).
19. Annualised Salaries
The parties to this award and the business unit/s concerned are committed to investigating the benefit of salaried positions during the normal life of this award.
20. Casual Employees
A casual employee is one engaged and paid as such. A casual employee shall be paid one thirty eighth of the weekly rate plus 15% for all work performed plus 1/12 for annual leave. Provided that, this clause shall not be used to make current permanent employees casuals.
21. Increased Flexibilities
(i) Employees shall undertake duties and tasks as directed, provided such employees have the skills, competence and training to perform such tasks as directed.
(ii) Employees the subject of this award are committed to co-operate with and undertake all relevant training as directed by the employer, to meet the needs of the business.
(iii) The employer shall ensure that the provisions of The Quarry Industry (State) Award relating to employees classifications are adhered to when implementing this clause.
22. Teamwork
1. All parties to this award and the business units concerned are committed to the development of teamwork and the restructuring of existing work patterns and arrangements.
23. Wage Adjustments
(i) The following wage increases shall apply to the employees in the classifications covered by the Quarrying Industry (State) Award 1994, excepting metal trades classifications:
|Stage 1 |5%(subject to safety net 2% absorption) |
|Stage 2 |5% |
|Stage 3 |5% |
(ii) Allowances will be adjusted by the increases outlined in (i) above. This increase is for this award only and shall not be used as a precedent in any further wage increases so far as allowance adjustments are concerned.
(iii) Increases in allowances are absorbable into any increases in the same allowances in the Quarry Industry (State) Award.
CSR LTD trading as THE READYMIX GROUP - SYDNEY QUARRIES ENTERPRISE ARRANGEMENT NO.3 (STATE) AWARD 1998.
|For CSR LTD trading as THE | |
|READYMIX GROUP - SYDNEY | |
|QUARRIES DIVISION | |
| | |
|For The Australian Workers' Union, New South Wales | |
| | |
|AWU Delegate | |
| | |
|AWU Delegate | |
| | |
|AWU Delegate | |
| | |
|For Federated Clerks Union of Australia, New South | |
|Wales Branch | |
| | |
|FCU Delegate | |
ANNEXURE "A"
FOR THE PURPOSE OF THIS AWARD THE 3 "BUSINESS UNITS" FOR THE SYDNEY QUARRIES DIVISION SHALL BE:
1. Penrith Quarry located at:
(a) Sheens Lane
Off Castlereagh Road
PENRITH 2750
2. Hardrock located at:
(a) Prospect Quarry
Old Western Highway
PROSPECT 2149
(b) Hornsby Quarry
Quarry Road
HORNSBY 2077
3. Londonderry Sand located at:
(a) Torkington Road
LONDONDERRY
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(103) |SERIAL C1097 |
TAXI INDUSTRY (CONTRACT DRIVERS) CONTRACT DETERMINATION, 1984
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Applications by the New South Wales Taxi Industry Association, association of employing contractors, and another.
(Nos. IRC 3119 and 3282 of 2001)
|Before The Honourable Justice Marks |5 December 2001 |
VARIATION
1. Delete Table 1 - Wages and Table 2 - Other Rates and Allowances of Part B, Monetary Rates, of the determination published 17 October 1984 and reprinted 2 August 1991 (264 I.G. 456), as varied, and insert in lieu thereof the following:
Table 1 - Wages
(1) Method I: Bailee's percentage of the chargeable fares - 50%
(2) Method II:
| |Maximum pay-in, | | | |
|Shift |Excluding GST | | | |
| |NOTE: GST is to be |Maximum pay-in | |Excess |
| |added to this amount |including GST |Km |per km |
| |$ |$ | |$ |
|Day shifts - all days |103.60 |114.00 |260 |0.47 |
|Night shifts - Monday |112.50 |123.70 |300 |0.47 |
|Night shifts - Tuesday |114.40 |125.80 |320 |0.47 |
|Night shifts - Wednesday |123.40 |135.70 |320 |0.47 |
|Night shifts - Thursday |138.90 |152.80 |350 |0.47 |
|Night shifts - Friday |157.90 |173.70 |400 |0.47 |
|Night shifts - Saturday |157.90 |173.70 |400 |0.47 |
|Night shifts - Sunday |122.40 |134.60 |320 |0.47 |
Table 2 - Other Rates and Allowances
NOTE: The entitlements payable by the bailor to the bailee pursuant to this Determination are exclusive of GST. GST will be added, if applicable.
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |2(j) |Excess fee amount |0.47 |
|2 |19(b)(i) |Annual Leave pay |565.30 |
| | | (bailee - 12 months) | |
|3 |19(b)(ii) |Annual leave pay |565.30 x 4/48 x |
| | |(bailee - 3 to 12 months) |No. of weeks |
|4 |20 |Sick leave |113.10 |
|5 |21 |Bond |100 |
|6 |23(ii) |Incomplete Shift |14.20 |
2. This variation shall take effect on and from 9 December 2001, and shall have a nominal term of one year.
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.
|(075) |SERIAL C1140 |
BUTTER & CHEESE AND OTHER DAIRY PRODUCTS (NEWCASTLE AND NORTHERN) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australasian Meat Industry Employees' Union, Newcastle and Northern Branch, industrial organisation of employees.
(No. IRC 4078 of 2001)
|Before Commissioner Murphy |17 August 2001 and 27 March 2002 |
VARIATION
1. Delete clause 10, Arbitrated Safety Net Adjustment, of the award published 26 October 2001 (328 I.G. 1087) as varied, and insert in lieu thereof the following:
10. Arbitrated Safety Net Adjustment
The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
|Item |Description |Amount |
| | |Per Week |
| | |$ |
|1. |Production Assistant 1 |448.50 |
|2. |Production Assistant 2 |457.50 |
|3. |Plant Operator 1 |460.90 |
|4. |Plant Operator 2 |469.20 |
|5. |Plant Operator 3 |481.40 |
|6. |Foreperson |492.30 |
|7. |Employee Grading & Taking Delivery of Milk |499.70 |
Table 2 - Other Rates
|Item No |Description |Amount |
| | |$ |
|1. |Meal Allowance |6.12 |
|2. |Driver of scammel, articulated or vehicle with trailer attached |21.48 |
| |- Where the semi-trailer has a single axle | |
|3. |Driver of scammel, articulated or vehicle with trailer attached |26.13 |
| | Where the semi-trailer has more than one axle | |
|4. |Leading Hand Allowance | |
| | | |
| |In charge of more than two but not more than ten employees |11.93 |
|5. |In charge of more than ten employees |14.38 |
|6. |Cleaning or Cleaning Boxes Allowance | |
| |Each wet clean |0.46 |
|7. |Each dry clean |0.25 |
|8. |Operating more than two condenser/evaporating pans/ovens |2.77 |
|9. |Washing condenser pans/vacuum holding vats or evaporators | |
| |Each flying clean |0.11 |
|10. |Each full clean |0.43 |
|11. |Operating a pedestrian stacker in cold temperatures |7.71 |
|12. |Operating a pedestrian stacker |5.71 |
|13. |Operating a pedestrian forklift |4.20 |
|14. |First-Aid Allowance |8.95 |
|15. |Laundry Allowance |4.89 |
|16 |Junior employees operating the majonnier test |4.85 |
|17 |Junior employees working in a laboratory (other than cleaner/bottle | |
| |washer) |2.91 |
|18. |Shift Allowances | |
| |Early Morning Shift |7.97 |
|19. |Afternoon shift |10.42 |
|20. |Night Shift |13.13 |
|21. |Fixed Afternoon of Fixed Night Shift Extra per shift |1.16 extra |
|22. |Working in Cold Temperature Allowance | |
| |Work in temperatures below 2 degrees |0.14 |
|23. |Work in temperatures below -1 degree |0.26 |
|24. |Work in temperatures below -16 degrees |0.36 |
|25. |Work in temperatures below -20 degrees |0.68 |
|26. |Work in temperatures below -30 degrees |0.89 |
3. This variation shall take effect from the first pay period to commence on or after 2 February 2002.
J. P. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(155) |SERIAL C1145 |
CLERICAL AND ADMINISTRATIVE EMPLOYEES IN TEMPORARY EMPLOYMENT SERVICES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Federated Clerks' Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 7976 of 2001)
|Before Commissioner Murphy |1 February 2002 and 27 March 2002 |
VARIATION
1. Delete subclauses (ii) and (iii) of Table 1 - Rates of Pay of Part B, Monetary Rates, of the award published 10 November 2000 (320 I.G. 56) as varied, and insert in lieu thereof the following:
(ii) Junior Rates
|Age |Weekly |Part-time Per Hour+ |Hourly + 15%+ Annual |
| |Rate |Annual Leave 9% |Leave(1/12) |
| |$ |$ |$ |
|Under 17 years of age |181.30 |5.20 |5.95 |
|At 17 years of age |226.95 |6.50 |7.45 |
|At 18 years of age |278.20 |8.00 |9.10 |
|At 19 years of age |315.45 |9.05 |10.35 |
|At 20 years of age |371.20 |10.65 |12.15 |
(iii) Junior Rates - Equivalent to Grade 3 or above
|Age |Weekly |Part-time Per Hour+ |Hourly +15%+ |
| |Rate |Annual Leave 9% |Annual Leave (1/12) |
| |$ |$ |$ |
|At 17 years of age |241.55 |6.95 |7.90 |
|At 18 years of age |298.45 |8.55 |9.80 |
|At 19 years of age |341.15 |9.80 |11.20 |
|At 20 years of age |402.75 |11.55 |13.20 |
2. This variation shall take effect from the first full pay period to commence on or after 1 February 2002.
J. P. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(074) |SERIAL C1136 |
BUTCHER'S WHOLESALE (NEWCASTLE AND NORTHERN) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australasian Meat Industry Employees' Union, Newcastle and Northern Branch, industrial organisation of employees.
(No. IRC 4075 of 2001)
|Before Commissioner Murphy |17 August 2001 and 27 March 2002 |
VARIATION
1. Delete subclause 27.3 of clause 27, Wages of the award published 2 March 2001 (322 I.G. 727) as varied, and insert in lieu thereof the following:
27.3 Arbitrated Safety Net Adjustment:
27.3.1 The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Appendix 1 - Wages and Appendix 2 - Other Rates and Allowances, of PART 9 - APPENDIX and insert in lieu thereof the following:
PART 9
APPENDIX 1 - WAGES
T1.1 The minimum rate of pay for 40 ordinary hours of any classification shall be as follows:
| |Classification |Total |
| | |Weekly |
| | |Rate |
| | |$ |
|1 |Slaughterperson |477.60 |
|2 |Employee grading beef carcasses |441.60 |
|3 |Employee weighing and/or recording |435.80 |
|4 |Knocker down and/or shackler and/or employee opening up neck and tying weas | |
| |and before hoisting to bleeding rail |439.00 |
|5 |Slaughterhouse labourer whose work includes trimming carcasses after | |
| |slaughterperson, skinning heads, removing eyes, removing horns, removing | |
| |tongues and/or cheeks, removing brains and boning for pet foods, and boning | |
| |heads and crutching sheep | |
|6 |Employee skinning feet and taking out sinews |434.80 |
|7 |Tripeperson and employee cutting, turning and washing tripes and cutting and | |
| |Washing bibles |434.80 |
|8 |Slaughterhouse labourer |430.30 |
|9 |Laundry attendant |430.30 |
|10 |Stockperson (working under conditions of the stockperson clause) |436.60 |
|11 |Stockperson, stock receiver and penner?up |432.60 |
|12 |Yardperson and general labourer |425.90 |
|13 |Freezer room employee |434.80 |
|14 |Dripping and/or lard operator, tallowperson, digesterperson and/or dry melter | |
| |Operator, expellor and/or dryer attendant |437.60 |
|15 |Millhand, by products labourer and save all attendant |428.20 |
|Casing Cleaning Department |
|16 |All-round person |439.30 |
|17 |Employee trimming and sliming bungs and bladders and sliming runners |432.60 |
|Boning Department |
|18 |Boner |456.00 |
|19 |Slicer and/or sawyer |442.50 |
|20 |Trimmer |435.80 |
|21 |Weighperson |432.40 |
|22 |Packer, strapper, wiring and/or gluing machine operator |430.30 |
|23 |Shop person/Butcher |463.10 |
|Motor Wagon Drivers |
|24 |Motor wagon driver of a vehicle with carrying capacity of up to 3,048 kg (3 tons) |436.70 |
| |For each additional 1,016 kg (1 ton) or part thereof up to 8,128 kg (8 tons) extra |1.53 |
| |For each additional 1,016 kg (1 ton) or part thereof exceeding 8,128 kg (8 tons) |1.18 |
| |but not exceeding 12,192 kg (12 tons) extra | |
| |For each additional 1,016 kg (1 ton) or part thereof exceeding 12,192 kg (12 tons) |0.95 |
| |When a trailer is attached to a motor wagon, the carrying capacity of such trailer | |
| |shall be computed with the rate in determining the driver's wages | |
|25 |Driver of tractor under 50 h.p. or fork lift driver |436.70 |
|26 |Driver of bulldozer |436.70 |
|27 |Loader |445.20 |
|28 |Cleaner cleaning production plant and equipment (working under shift work |435.80 |
| |provisions) | |
|T1.2 |The minimum rate of pay for 40 ordinary hours for juniors shall be as follows: | |
|Age |Total weekly Rate |
| |$ |
|At 15 years of age |153.30 |
|At 16 years of age |204.40 |
|At 17 years of age |255.50 |
|At 18 years of age |315.20 |
|At 19 years of age |370.50 |
|At 20 years of age - Adult rates | |
Upon any adjustment, junior rates to be calculated to the nearest ten cents.
APPENDIX 2
Other Rates and Allowances
T2.1 Other rates and allowances - Subject to the provisions of the relevant clauses, allowances and special rates are as follows:
|Item |Clause |Allowance |Amount |
|No. |No. | |$ |
|1 |31.4 |Alternating shifts |7.55 per shift |
|2 |31.5 |Afternoon shift |10.84 per shift |
|3 |32.9 |Extraordinary Hours Allowance |6.55 per day |
|4 |35.5 |Horse Allowance |12.28 per week |
|5 |33.3 |Meal money |7.62 per meal |
|6 |29.1 |Temperature Allowance - | |
| | |Below minus 1 degree celsius |0.39 per hour |
| | |Below minus 16 degree celsius |0.61 per hour |
| | |Below minus 20 degree celsius |1.13 per hour |
| | |Below minus 26 degree celsius |1.69 per hour |
|7 |29.2 |Freezing Room Allowance |0.42 per hour |
|8 |29.4 |Temperature Allowance |0.42 per hour |
| | | |0.67 per hour |
|9 |10.1 |Rover's Allowance |2.54 per day |
|10 |20.1.2 |Bull Penalty |2.54 per head |
|11 |23.1 |Dog Allowance |6.31 per dog |
| | | |per week |
|12 |23.3 |First-aid Attendant |3.03 per day |
|13 |23.4 |Leading Hand |22.61 per week |
|14 |23.5.1 |Pedestrian Stacker - | |
| | |Cold Temperature |11.67 per week |
|15 |23.5.2 |Pedestrian Stacker |8.63 per week |
|16 |23.5.3 |Fork Lift Allowance |6.07 per week |
|17 |17.1.1 |Objectionable Work - ordinary hours |2.80 per day |
|18 |17.1.2 |Objectionable Work - outside ordinary hours |3.28 per sheep, |
| | | |calf or pig |
| | | |13.85 per head |
| | | |of cattle |
|19 |17.1.3 |Objectionable Work - on Sundays or holidays |4.99 per sheep, |
| | | |calf or pig |
| | | |20.06 per head |
| | | |of cattle |
|20 |17.1.4 |Condemned Carcass |2.80 per day |
|21 |17.1.5 |Brucella Reactor |6.31 per day |
|22 |17.1.6 |Work in Artificially Increased Temperature |0.39 per hour |
|23 |17.1.7 |Foetal Blood Extraction |6.31 per day |
|24 |13.4 |TP Slaughtering Allowance - all types of animals |4.13 per day |
| | | |2.07 per half day |
|25 |13.5 |TP Slaughtering Allowance - two types of animals |3.52 per day |
| | | |1.70 half day |
|26 |13.6 |TP Slaughtering Allowance - one type of animal |2.54 per day |
| | | |1.23 per half |
| | | |day |
|27 |51.2 |Knife Allowances - | |
| | |Slaughterpersons, boners and labourers skinning |2.95 per week |
| | |cattle, heads and feet |2.12 per day |
| | |Other employees using a knife |0.59 per week |
| | | |0.40 per day |
|28 |49.1(a) |Clothes Allowance |1.32 per day |
|29 |49.1(b) |Laundry Allowance |1.06 per day |
|30 |49.1(c) |Clothes Allowance |0.35 per day |
|31 |49.3 |Clothes Laundry Allowance | |
| | |(employees not covered by Items 28-30 of this table) | |
| | | | |
| |(a) |Clothes Allowance |0.63 per day |
| |(b) |Laundry Allowance |0.52 per day |
| |(c) |Clothes Allowance |0.13 per day |
|32 |46.5(b) |TP Boner Allowance |1.45 per day |
3. This variation shall take effect from the first pay period to commence on or after 26 October 2001.
J. P. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(105) |SERIAL C1147 |
TRANSPORT INDUSTRY - GENERAL CARRIERS
CONTRACT DETERMINATION
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Transport Workers' Union of Australia, New South Wales Branch, an association of contract carriers.
(No. IRC 8315 of 2001)
|Before Commissioner Connor |22 February 2002 |
VARIATION
1. Delete Schedule 1 - Rates of Remuneration, of the Transport Industry - General Carriers Contract Determination published 19 December 1984 (235 I.G. 1611), as varied, and insert in lieu thereof the following:
SCHEDULE 1 - RATES OF REMUNERATION
(i) It is expressly noted that the rates of remuneration in Schedules 1 and 4 have accounted, and include payment, for the following factors:
1. Wages - based on the General Rate of Pay for a Transport Worker Grade Three as per Table 1 - Wages of Part B - Monetary Rates contained in the Transport Industry (State) Award.
2. Overtime in excess of 40 hours each week.
3. Annual Leave.
4. Long Service Leave.
5. Public Holidays.
6. Picnic Day.
7. Sick Leave.
8. Return on capital invested.
9. Depreciation.
10. Lease Costs.
11. Registration and compulsory third party insurance.
12. Comprehensive insurance.
13. Public Liability insurance.
14. Personal accident insurance.
15. Administrative overheads.
16. Fuel.
17. Oil.
18. Tyres.
19. Repairs and maintenance.
20. Industry-specific allowances.
(ii) Where:
(a) a carrier performs a contract of carriage within the area, incidence and duration of this determination; and
(b) the carrier is eligible to claim a rebate pursuant to the Commonwealth Government's Diesel and Alternative Fuel Grant Scheme ('the scheme') for that contract of carriage; and
(c) the carrier has been requested to apply for the rebate pursuant to the scheme by the principal contractor;
the principal contractor shall pay the Rates of Remuneration specified in Table One of this Schedule to the carrier for the performance of that contract of carriage.
(iii) If a carrier is:
ineligible to apply for the rebate pursuant to the scheme; or
has not been requested to apply for the rebate pursuant to the scheme; or
has become ineligible to claim a rebate pursuant to the scheme; or the scheme is abolished
then the principal contractor shall pay the Rates of Remuneration specified in Table Two of this Schedule to the carrier for the performance of that contract of carriage.
(iv) Should the scheme be abolished or altered or modified leave is reserved to the parties to make application in relation to subclause (ii) of this Schedule.
Table One - Vehicle Rates
(Where fuel rebate scheme is applicable)
|Class of Vehicle |Vehicle Age |
| |Scale A |Scale B |Scale C |
| |Up to 1 year |Over 1 year - up to 3 years |Over 3 years |
|Carrying Capacity |Hourly |Running |Hourly |Running rate |Hourly |Running |
| |standing |rate cents |standing |cents per km |standing |rate per |
| |rate |per km |rate | |rate |km |
| |$ |c |$ |c |$ |c |
|Rigid vehicle only: | | | | | | |
|Less than 2 tonnes |- |- |- |- |- |- |
|Not less than 2 and | | | | | | |
|less than 5 tonnes |25.30 |29.49 |21.70 |29.52 |16.90 |29.48 |
|Not less than 5 and | | | | | | |
|less than 8 tonnes |30.37 |38.43 |25.13 |38.35 |18.22 |38.29 |
|Not less than 8 and | | | | | | |
|less than 10 tonnes |35.88 |47.94 |28.89 |47.64 |23.96 |47.56 |
|Not less than 10 and | | | | | | |
|less than 12 tonnes |49.12 |66.00 |37.34 |66.92 |29.58 |66.82 |
|Not less than 12 and | | | | | | |
|less than 14 tonnes |64.56 |83.59 |47.28 |83.16 |36.10 |83.04 |
|14 tonnes and over |72.35 |97.95 |52.36 |98.59 |38.92 |98.45 |
|Single-axle Drive | | | | | | |
|Prime Mover |51.45 |89.87 |39.04 |89.74 |31.05 |89.61 |
|Bogie Axle Drive | | | | | | |
|Prime Mover |74.37 |103.49 |53.79 |103.59 |39.92 |103.49 |
Table Two - Vehicle Rates
(Where fuel rebate scheme does not apply)
|Class of Vehicle |Vehicle Age |
| |Scale A |Scale B |Scale C |
| |Up to 1 year |Over 1 year - up to 3 years |Over 3 years |
|Carrying Capacity |Hourly |Running |Hourly |Running |Hourly |Running |
| |standing |rate cents |standing |rate cents |standing |rate cents |
| |rate |per km |rate |per km |rate |per km |
| |$ |c |$ |c |$ |c |
|Rigid vehicle only: | | | | | | |
|Less than 2 tonnes |22.18 |28.56 |18.70 |28.56 |— |— |
|Not less than 2 and | | | | | | |
|less than 5 tonnes |25.30 |32.93 |21.70 |32.96 |16.90 |32.96 |
|Not less than 5 and | | | | | | |
|less than 8 tonnes |30.37 |42.63 |25.13 |42.73 |18.22 |40.44 |
|Not less than 8 and | | | | | | |
|less than 10 tonnes |35.88 |52.44 |28.89 |52.75 |23.96 |50.15 |
|Not less than 10 and | | | | | | |
|less than 12 tonnes |49.12 |73.37 |37.34 |73.05 |29.58 |70.16 |
|Not less than 12 and | | | | | | |
|less than 14 tonnes |64.56 |92.39 |47.28 |92.27 |36.10 |87.56 |
|14 tonnes and over |72.35 |109.23 |52.36 |108.76 |38.92 |103.68 |
|Single-axle Drive | | | | | | |
|Prime Mover |51.45 |99.63 |39.04 |99.90 |31.05 |94.62 |
|Bogie Axle Drive | | | | | | |
|Prime Mover |74.37 |114.68 |53.79 |114.65 |39.92 |109.05 |
2. Delete Schedule 3 - Additional Amounts, and insert in lieu thereof the following:
Schedule 3 - Additional Amounts
1. Trailer Allowance:
A Contract Carrier who, in order to perform a contract of carriage, is required to supply a flat top trailer for use in a contract of carriage shall be paid the following allowances for each day (and proportionately for part of a day) during which the equipment is used for the purpose of the contract of carriage:
|Single Axle |$15.06 per day |
|Dual Axle |$19.31 per day |
|Tri Axle |$23.74 per day |
2. Ropes and Gear Allowance:
A Contract Carrier who, in order to perform a contract of carriage, is required to supply tarpaulins, ropes, gates, chains and dogs for use in a contract of carriage shall be paid the following allowance for each day (and proportionately for part of a day) during which the equipment is used for the purpose of the contract of carriage:
$2.99 per day
3. Twistlock Allowance:
A Contract Carrier who, in order to perform a contract of carriage, is required to fit his trailer with twistlocks for the carriage of I.S.O. containers shall be paid the following allowance for each day (and proportionately for part of a day) during which the equipment is used for the purpose of the contract of carriage:
$2.25 per day
4. Mechanical Lifting Equipment Allowance:
A Contract Carrier who, in order to perform a contract of carriage, is required to supply rear or side-loading mechanical devices, shall be paid the following allowance for each day (and proportionately for part of a day) during which the equipment is used for the purpose of the contract of carriage:
Rear-Lift Platforms:
Up to and including 3,000 lbs. capacity: $3.59 per day
Up to and including 6,000 lbs. capacity: $4.89 per day
Side-Loading Devices:
$15.78 per day
3. Delete Schedule 4 - Container Depots and Waterfront Areas, and insert in lieu thereof the following:
Schedule 4 - Container Depots And Waterfront Areas
1. The following conditions and allowances shall apply to contracts of carriage performed in or in connection with container depots and waterfront areas, in addition to all other applicable rates and conditions provided for by this Contract Determination.
Provided that the rates contained in clause 3, Trailer Allowance, of this Schedule shall apply in substitution for the rates contained in clause 1, Trailer Allowance, clause 2, Ropes and Gear Allowance, and clause 3, Twistlock Allowance, of Schedule 3, Additional Amounts, of this Contract Determination.
2. The minimum rates of remuneration payable for any contract of carriage performed within the scope of this Schedule and defined in clause 1, hereof, shall be as follows:
(i) Where:
(a) a carrier performs a contract of carriage within the area, incidence and duration of this determination; and
(b) the carrier is eligible to claim a rebate pursuant to the Commonwealth Government's Diesel and Alternative Fuel Grant Scheme ('the scheme') for that contract of carriage; and
(c) the carrier has been requested to apply for the rebate pursuant to the scheme by the principal contractor;
the principal contractor shall pay the amount appearing in the column headed "Rate A" for the appropriate vehicle classification for the performance of that contract of carriage.
(ii) If a carrier is:
ineligible to apply for the rebate pursuant to the scheme; or
has not been requested to apply for the rebate pursuant to the scheme; or
has become ineligible to claim a rebate pursuant to the scheme; or
the scheme is abolished
then the principal contractor shall pay the amount appearing in the column headed "Rate B" for the appropriate vehicle classification for the performance of that contract of carriage.
(iii) Should the scheme be abolished or altered or modified leave is reserved to the parties to make application in relation to subclause 2(ii) of this Schedule.
|Class of Vehicle |"Rate A" |"Rate B" |
| |per hour |per hour |
| |$ |$ |
|Rigid Vehicle only: | | |
|(Carrying Capacity) | | |
|Not less than 8 and less than 10 tonnes |31.01 |31.71 |
|Not less than 10 and less than 12 tonnes |38.30 |39.13 |
|Not less than 12 and less than 14 tonnes |46.07 |47.25 |
|14 tonnes and over |50.91 |52.29 |
|Single Axle Prime Mover |42.98 |44.37 |
|Bogie Axle Prime Mover |52.30 |53.80 |
The above rates of remuneration are calculated from "Scale D" (as provided for in the table headed Schedule 1, Vehicle Rates, appearing in Schedule 1, Rates of Remuneration, of this Contract Determination) and are based on a minimum distance travelled of 23,500 km per annum on contracts of carriage performed in or in connection with Container Depots and Waterfront areas.
3. Trailer Allowance:
A Contract Carrier who, in order to perform a contract of carriage, is required to supply one of the trailers listed below (irrespective of axle configuration) shall be paid the following allowance for each day, (or part of a day) the equipment is so used:
|40 ft Skel trailer |$38.92 per day |
|40 ft General Purpose trailer |$38.92 per day |
|Dog or Pig trailer |$29.13 per day |
|Pup trailer |$19.45 per day |
|20 ft Skel trailer |$35.02 per day |
4. Towing rates:
A contract carrier whose vehicle is, in the performance of a contract of carriage, required to tow one of the trailers listed below (irrespective of axle configuration), shall be paid the following allowance for each hour (pro rata for part of an hour) during which such trailer is towed:
|40 ft trailer |$2.02 per hour |
|Dog/Pig trailer |$4.00 per hour |
|Pup trailer |$2.95 per hour |
5. Adjustment of the allowances and rates in clauses 3 and 4 of this Schedule shall be by application of the movement of the Consumer Price Index (All Groups), Sydney.
6. Contract Carriers who perform work pursuant to this Schedule shall have paid on their behalf by principal contractors who are members of the New South Wales Road Transport Association contributions into the TWU Superannuation Fund in the amounts prescribed by the Transport Industry (State) Superannuation Award.
7. Clause 14, Savings Clause, of this Determination shall apply to the above rates and conditions.
4. This variation shall take effect from the beginning of the first pay period to commence on or after 22 February 2002.
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1328) |SERIAL C0978 |
BEGA EMPLOYEES' 2001 REVIEWED ENTERPRISE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Bega Co-operative Society Limited.
(No. IRC 7378 of 2001)
|Before Mr Deputy President Grayson |5 December 2001 |
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Bega Employees' 2001 Reviewed Enterprise Award made 15 June 2001, be rescinded on and from 5 December 2001.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(058) |SERIAL C1169 |
BUILDING EMPLOYEES MIXED INDUSTRIES (STATE) AWARD
Erratum to Serial C0604 published 16 November 2001
(329 I.G. 577)
(Nos. IRC 4837, 4850, 4859 and 5003 of 1999)
erratum
1. For the tables appearing under the classification Apprentices, of Part B, Monetary Rates, of the reviewed award published 16 November substitute the following:
Apprentices
Carpenters/Joiners/Bricklayers/Painters
| |Indentured |Trainees |
|1st Year |169.60 |190.00 |
|2nd Year |247.80 |278.20 |
|3rd Year |328.10 |360.60 |
|4th Year |383.80 |405.10 |
Plumbers
|1st Year |171.00 |193.20 |
|2nd Year |250.00 |281.10 |
|3rd Year |329.40 |363.50 |
|4th Year |387.40 |409.00 |
T. E. McGRATH, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
|(058) |SERIAL C1170 |
BUILDING EMPLOYEES MIXED INDUSTRIES (STATE) AWARD
Erratum to Serial C0790 published 15 February 2002
(331 I.G. 472)
(No. IRC 5595 of 2001)
erratum
1. For the tables appearing under the classification Apprentices, of Part B, Monetary Rates, of the variation published 16 November substitute the following:
Apprentices
Carpenters/Joiners/Bricklayers/Painters
| |Indentured |Trainees |
|1st Year |169.60 |190.00 |
|2nd Year |247.80 |278.20 |
|3rd Year |328.10 |360.60 |
|4th Year |383.80 |405.10 |
Plumbers
|1st Year |171.00 |193.20 |
|2nd Year |250.00 |281.10 |
|3rd Year |329.40 |363.50 |
|4th Year |387.40 |409.00 |
T. E. McGRATH, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
|SERIAL C1176 |
ENTERPRISE AGREEMENTS APPROVED
BY THE INDUSTRIAL RELATIONS COMMISSION
(Published pursuant to s.45(2) of the Industrial Relations Act 1996)
|EA02/167 - The Linfox-Goodman Fielder Contract Ermington (National Union of Workers) |
|Enterprise Agreement 2001 |
|Made Between: Linfox Transport (Aust) Limited -&- the National Union of Workers, New South Wales |
|Branch. |
| |
|New/Variation: New. Replaces EA00/164 & EA00/208. |
| |
|Approval and Commencement Date: Approved 11 July 2001 and commenced 18 March 2001. |
| |
|Description of Employees: Applies to all employees engaged at the Goodman Fielder/Linfox Distribution |
|Centre at 10 Waratah Street, Ermington (NSW). |
| |
|Nominal Term: 17 March 2002. |
|EA02/168 - Orange City Council, Street Sweeping Enterprise Agreement 202-2005 |
|Made Between: Orange City Council -&- the Federated Municipal and Shire Council Employees' Union of |
|Australia, New South Wales Division. |
| |
|New/Variation: New. Replaces EA98/152. |
| |
|Approval and Commencement Date: Approved 22 April 2002 and commenced 19 February 2002. |
| |
|Description of Employees: Applies to all employees employed in the cleaning of streets, footpaths and |
|associated areas by Council. |
| |
|Nominal Term: 19 February 2005. |
|EA02/169 - Tenix Alliance Pty Ltd NSW (Electrical) Agreement 2000 |
|Made Between: Tenix Alliance Pty Ltd -&- the Electrical Trades Union of Australia, New South Wales |
|Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 1 March 2002 and commenced 30 September 2001. |
| |
|Description of Employees: Applies to all employees engaged in electrical occupations specified in the |
|Electrical, Electronic and Communications Contracting Industry (State) Award. |
| |
|Nominal Term: 30 September 2002. |
|EA02/170 - Toll Logistics, Beverage Division, Carlton & United Contract, Newcastle Enterprise |
|Agreement 2000 |
|Made Between: Toll Logistics a division of Toll Transport Pty Ltd -&- the Transport Workers' Union of |
|Australia, New South Wales Branch. |
|New/Variation: New. Replaces EA01/111. |
| |
|Approval and Commencement Date: Approved 23 April 2002 and commenced 17 April 2002. |
| |
|Description of Employees: Applies to employees of the Company engaged pursuant to the Transport |
|Industry (State) Award |
| |
|Nominal Term: 30 June 2003. |
|EA02/171 - Orica Explosives Hunter Valley Enterprise Agreement |
|Made Between: Orica Explosives -&- the Transport Workers' Union of Australia, New South Wales |
|Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 10 February 2002. |
| |
|Description of Employees: Applies to all employees of the company engaged in open cut bulk coal |
|operations in the Hunter Valley. |
| |
|Nominal Term: 10 February 2004. |
|EA02/172 - Cessnock Hostel Enterprise Agreement 2001 |
|Made Between: The Cessnock Hostel Limited -&- the Australian Services Union of N.S.W. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 4 March 2002 and commenced 15 January 2002. |
| |
|Description of Employees: Applies to all permanent staff engaged pursuant to the Social and Community |
|Services Employees (State) Award 2001. |
| |
|Nominal Term: 15 January 2004. |
|EA02/173 - Red Australia Newcastle Branch Agreement 2001-2003 |
|Made Between: Red Australia Pty Limited t/as Red Australia Equipment Pty Ltd Newcastle Branch -&- |
|the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales |
|Branch and The Australian Workers' Union, New South Wales. |
| |
|New/Variation: New. Replaces EA00/165. |
| |
|Approval and Commencement Date: Approved 24 April 2002 and commenced 21 March 2002. |
| |
|Description of Employees: Applies to all service and parts employees engaged pursuant to the Metal, |
|Engineering and Associated Industries (State) Award. |
| |
|Nominal Term: 1 May 2003. |
|EA02/174 - South West Sydney Legal Centre Enterprise Agreement |
|Made Between: South West Sydney Legal Centre -&- the Australian Services Union of N.S.W. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 17 April 2002. |
| |
|Description of Employees: Applies to all employees engaged pursuant to the Social and Community |
|Services (State) Award 2001. |
| |
|Nominal Term: 17 April 2004. |
|EA02/175 - Perilya Broken Hill Limited Enterprise Agreement 2002 |
|Made Between: Perilya Broken Hill Limited -&- the Construction, Forestry, Mining and Energy Union |
|(New South Wales Branch). |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 19 April 2002. |
| |
|Description of Employees: Applies to all employees undertaking mining and associated work carried out |
|by Perilya at Broken Hill NSW. |
| |
|Nominal Term: 19 April 2005. |
|EA02/176 - Adecco-NUW (NSW) Agreement 2002 |
|Made Between: Adecco Industrial Pty Ltd -&- the National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA97/77. |
| |
|Approval and Commencement Date: Approved and commenced 4 April 2002. |
| |
|Description of Employees: To apply to all employees performing work that falls within the coverage of the |
|Milk Treatment, & c., and Distribution (State) Award, Transport Industry Interim (State) Award, Transport |
|Industry - Mixed Enterprises Interim (State) Award, Transport Industry - Motor Bus Drivers and Conductors |
|(State) Award, Transport Industry - Quarried Materials (State) Award, Transport Industry - Retail (State) |
|Award, Transport Industry - Tourist and Service Coach Drivers (State) Award, Transport Industry - Trade |
|Waste (State) and the Transport Industry - Waste Collection and Recycling (State) Award. |
| |
|Nominal Term: 4 April 2004. |
|EA02/177 - Leichhardt Council Waste Collection Enterprise Agreement 2001-2004 |
|Made Between: Leichhardt Council -&- the Federated Municipal and Shire Council Employees' Union of |
|Australia, New South Wales Division. |
| |
|New/Variation: New Replaces EA98/237. |
| |
|Approval and Commencement Date: Approved 14 March 2002 and commenced 1 February 2002. |
| |
|Description of Employees: Applies to all employees of Leichhardt Councils Waste Management Section. |
| |
|Nominal Term: 31 January 2005. |
|EA02/178 - Mitsubishi Electric Australia Pty Ltd Warehouse Enterprise Bargaining Agreement 2001 |
|Made Between: Mitsubishi Electric Australia Ltd -&- the National Union of Workers, New South Wales |
|Branch. |
|New/Variation: New. Replaces EA01/71. |
| |
|Approval and Commencement Date: Approved 4 April 2002 and commenced 1 July 2001. |
| |
|Description of Employees: Applies to all employees of the company located at 348 Victoria Road, |
|Rydalmere, N.S.W. who are employed pursuant to the Storeman and Packers General (State) Award. |
| |
|Nominal Term: 31 March 2003. |
|EA02/179 - Boral Bricks Badgerys Creek Enterprise Agreement 2001 |
|Made Between: Boral Bricks (NSW) Pty Limited -&- The Federated Brick, Tile and Pottery Industrial |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA99/159. |
| |
|Approval and Commencement Date: Approved 4 April 2002 and commenced 1 July 2001. |
| |
|Description of Employees: Applies to all employees engaged pursuant to the Brick and Paver Industry |
|(State) Award. |
| |
|Nominal Term: 30 June 2004. |
|EA02/180 - Asia Pacific Specialty Chemicals Limited Seven Hills Operations Agreement 2001 |
|Made Between: Asia Pacific Specialty Chemicals Limited -&- the Australian Liquor, Hospitality and |
|Miscellaneous Workers Union, New South Wales Branch; Automotive, Food, Metals, Engineering, Printing |
|and Kindred Industries Union, New South Wales Branch; Electrical Trades Union of Australia, New South |
|Wales Branch and the National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 15 April 2002 and commenced 18 December 2001. |
| |
|Description of Employees: Applies to all employees engaged pursuant to the Australian Liquor Hospitality |
|and Miscellaneous Workers Union Chemical Industry (APS Operations) Award, Storemen and Packers |
|General (State) Award, Metal, Engineering and Associated Industries (State) Award, Draughtsmen, Planners, |
|Technical Officers & C. (State) Award and the Electricians & c. (State) Award. |
| |
|Nominal Term: 19 June 2003. |
____________________
Printed by the authority of the Industrial Registrar.
|SERIAL C1177 |
CONTRACT AGREEMENTS APPROVED
BY THE INDUSTRIAL RELATIONS COMMISSION
(Published pursuant to s.331(2) of the Industrial Relations Act 1996)
|CA02/1 - The Contract Carriers (Fairfax Printers Pty Limited) Agreement 2001 |
|Made Between: Fairfax Printers Pty Limited -&- New South Wales Road Transport Association Inc. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 12 December 2001. |
| |
|Description of Employees: To apply to Contract Carriers operating from the Company's business at Lot 12 Hume Highway, Chullora or |
|other company locations. |
| |
|Nominal Term: 12 December 2004 |
|CA02/02 - OneSteel Distribution OneSteel George Ward Sheet & Coil and Transport Workers |
|Union (New South Wales Branch) Cartage Agreement |
|Made Between: OneSteel Distribution -&- the Transport Workers' Union of Australia, New South Wales |
|Branch. |
| |
|New/Variation: New. Replaces CA99/4. |
| |
|Approval and Commencement Date: Approved and commenced 31 January 2002. |
| |
|Description of Employees: Applies to employees at Ferndell Street, Granville, who enter into contracts for |
|the Cartage of Goods. |
| |
|Nominal Term: 31 January 2004. |
|CA02/3 - Cleanaway Industrial Services Bulk Sub Contractor (Tanbe Pty Ltd) Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Tanbe Pty Ltd) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract driver in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/4 - Cleanaway Industrial Services Frontlift Sub Contractor (Acemeld Pty Ltd) Agreement |
|2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Acemeld Pty Ltd) -&- the Transport Workers' Union of Australia, New |
|South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract driver in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/5 - Cleanaway Industrial Services Bulk Sub Contractor (B P Mechanical Pty Ltd) Agreement |
|2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (B P Mechanical Services Pty Ltd) -&- the |
|Transport Workers' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/6 - Cleanaway Industrial Services Frontlift Sub Contractor (Bruiser Waste) Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Bruiser Waste) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contact drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/7 - Cleanaway Industrial Services Bulk Sub Contractor (J.J.B. Transport) Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (J. J. B. Transport) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater Sydney metropolitan |
|area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/8 - Cleanaway Industrial Services FrontLift Sub Contractor (O & H Transport) Agreement |
|2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (O & H Transport) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/9 - Cleanaway Industrial Services Bulk Contractor (Rambo & Associates Pty Ltd) Agreement |
|2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Rambo & Associates Pty Ltd) -&- the Transport |
|Workers' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/10 - Cleanaway Industrial Services Hiab Sub Contractor (Bro & Jo Transport Pty Ltd) |
|Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Bro & Jo Transport Pty Ltd) -&- the Transport. |
|Workers' Union of Australia, New South Wales Branch |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/11 - Cleanaway Industrial Services Bulk Sub Contractor (Attiville Pty Ltd) Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Attiville (Pty Ltd) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/12 - Cleanaway Industrial Services Frontlift Sub Contractor (Wasted Pty Ltd) Agreement |
|2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Wasted Pty Ltd) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/13 - Cleanaway Industrial Services Bulk Sub Contractor (TJ & NK Currey Waste) Agreement |
|2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (T J & N K Currey Waste) -&- the Transport |
|Workers' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/14 - Cleanaway Industrial Services Bulk Sub Contractor (PJA Excavations P/L t/as Roadhogs |
|Waste) Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (PJA Excavations Pty Ltd) -&- the Transport |
|Workers' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/15 - Cleanaway Industrial Services Frontlift Sub Contractor (MDR Pty Ltd) Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (M.R.D. Pty Ltd) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contact drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
| |
|CA02/16 - Cleanaway Industrial Services Frontlift Sub Contractor (Freeway Transport) Agreement |
|2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Freeway Transport) -&- the Transport Workers' |
|Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by the contract drivers in the |
|greater Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/17 - Cleanaway Industrial Services Frontlift Sub Contractor (Wrights Waste Transport Pty |
|Ltd) Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (Wrights Waste Transport Pty Ltd) -&- the |
|Transport Workers' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 12 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|Sydney metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
|CA02/18 - Cleanaway Industrial Services Rearlift Sub Contractor (H.M.V. Transport Pty Ltd) |
|Agreement 2001 |
|Made Between: Brambles Australia Limited t/as Cleanaway (H. M. V. Transport Pty Ltd) -&- the Transport |
|Workers' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 December 2001. |
| |
|Description of Employees: Applies to industrial waste services performed by contract drivers in the greater |
|metropolitan area. |
| |
|Nominal Term: 1 December 2004. |
____________________
Printed by the authority of the Industrial Registrar.
................
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