IPLEX
PIPELINES AUSTRALIA PTY LIMITED (HOBAS PLANT) ENTERPRISE (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Australian Liquor, Hospitality and
Miscellaneous Workers Union, New South Wales Branch industrial organisation of
employees.
(No. IRC 946 of 2003)
|
Before Commissioner Patterson
|
8 April 2003
|
AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Terms of
Employment
2. Anti-Discrimination
3. Consultation
4. Classifications
5. Hours
6. Operation
of 38-Hour Week
7. Wages and
Allowances
8. Shift
Work Allowance for Shift Workers
9. Overtime
10. Sunday
Work
11. Meal Times
and Meal Allowance
12. Holidays
13. Annual
Leave
14. Payment of
Wages
15. General
Conditions
16. Sick Leave
17. Personal/Carer's
Leave
18. Rostered
Day Off
19. Bereavement
Leave
20. Technological
Change
21. Redundancy
22. Long
Service Leave
23. Attendance
at Repatriation Centres
24. Attendance
Blood Bank
25. Application
of State Wage Cases
26. Accident
Pay
27. Income
Protection
28. Jury
Service
29. Settlement
of Disputes
30. Performance
Payments System
31. Improvements
During the Life of this Agreement
32. Exclusion
of this Agreement
33. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rate
Table 2 - Others Rates and Allowances
APPENDIX A
Iplex Performance Payments System - Conditions
PART A
1.
Terms of Employment
(i) Iplex has a
commitment towards employing a workforce of full time permanent team members
supplemented by part-time, fixed term contract and casual team members, all
established through the payroll, in order to meet operational requirements.
(ii) Employment
Practices
Recruitment procedures aim to ensure that selection for
employment is based solely on merit, using fair and structured procedures and
processes. These include:
Completing an "Application for Employment" form.
Assessing applicants' skills and ability to perform the
requirements of the job.
Confirming previous employment history.
Assessing health to ensure applicant is suited to the job.
(iii) Probationary
Employment
A team member (other than a casual) recruited by Iplex
shall be employed on a maximum of eight weeks probation. During the probationary period the team
member will be required to successfully complete the Orientation Program. Following successful completion of the
probationary period, team members will be confirmed as permanent, from the date
of commencement of the probation period. Those who are not made permanent will
have their probation employment terminated without eligibility to redundancy
payments.
(iv) Full Time Team
Members
(a) Full time team
members are engaged and paid on a weekly basis and work an average of 38 hours
per week.
(b) Either party
may terminate employment of a weekly employee by giving one week’s notice in
writing or making payment in lieu of notice. In cases of misconduct, an
employee may be dismissed without notice.
(c) Employees who
fail to report for work without having given any reason for doing so, and fail
to contact the company to advise the likely return to work, Iplex will consider
that such employee has abandoned employment, and will take appropriate action.
(d) In the event
an employee terminate his/her employment, all company equipment is to be
returned, and staff account paid before final payment can be calculated.
(v) Fixed Term
Team Members
Iplex may have the need to engage fixed term team
members to meet customer requirements for seasonal work, special projects or
events and known prolonged absences by full time team members.
Iplex may employ persons for these purposes for a
mutually agreed period or project of a minimum of 2 months and a maximum of 12
months. Such team members are entitled to pro rata remuneration and conditions
as provided in this Agreement based on the equivalent full time or part time
position. At the conclusion of the employment period or project, the team
members will be paid any outstanding entitlement but are not entitled to any
redundancy payment. Fixed term team
members shall be offered permanent employment at the conclusion of the
employment period subject only to the availability of such employment.
(vi) Permanent Part
Time Team Members
(a) Persons
available to work on a regular basis, less than 38 hours per week, but not less
than 15 hours per week, may be engaged as part time team members. Each daily engagement shall not be less than
4 hours. Any hours to be worked between
30 and 38 hours per week shall be subject to Agreement between the team member
and Iplex.
(b) Permanent part
time team members are entitled to pro rata remuneration and conditions (for
hours worked), based on the equivalent full time position.
(c) A full-time
team member who wishes to convert to part-time employment shall be permitted to
do so if Iplex agrees and subject to the conditions in this clause. If such a team member transfers from
full-time to part-time employment all accrued Agreement conditions and
legislative rights shall be maintained and employment shall be deemed to be
continuous provided that no break in service occurs. Following transfer to part-time employment accrual will occur in
accordance with the provisions relevant to part-time employment in this
Agreement.
(vii) Casual Team
Members
Casual employee shall mean an employee engaged as such
for a period of less than three months, with a further three-month extension
being negotiated if plant loading requires.
The level of casual labour, permanent part time or fixed term team
members shall not exceed 40 per cent of the plant’s manufacturing
workforce. It can, however, be
increased by agreement with the Union.
The employment of a casual employee may be terminated by one hour’s
notice. Casual Team members will be
offered permanent position on priority if vacancy arises.
(viii) Contractors
This Agreement does not apply to contractors.
Contractors are defined as external organisations, persons or agency/temporary
staff (not established on the Iplex payroll) who are contracted to provide
specialist or specific contracting services to the business. Contractual
arrangements of this nature usually have a short-term commercial viability and
are not normally long- term arrangements.
Use of contractors will only occur where utilisation of
on-site team members cannot deliver the same productive and cost efficient
service arrangements and where the requirements of the business cannot be met
by permanent team members working overtime or, if permanent team members are
not available to work overtime, by casual team members working overtime.
(ix) Deductions may
be made from an employee’s wages for time absent unless sanctioned by this award
or permitted by the Company.
(x) In the event
the work of the factory being stopped by a breakdown of machinery or any other
stoppage beyond the control of management, all weekly employees who present
themselves for work shall be found work for that day or shall be paid one day’s
wages in lieu thereof. The Company may,
when such breakdown or stoppages occur, give notice to the employees that their
services shall not be required on the following day. The employees shall not be entitled to any further payment in
respect of any further days on which they are out of employment by reason of
such breakdown or stoppage. The employees, whenever possible, shall consider
using their accumulated RDO’s/Annual Leave on any further breakdown or
stoppages that are beyond the control of the management.
(xi) For the
purpose of calculating service or continuity of employment in respect of long
service leave, annual leave and/or sick leave payments under this award, any
break of employment occasioned by the operation of subclause (x) of this clause
shall be disregarded.
(xii) Statement of
Service - Upon request by an employee, the Company 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.
(xiii) The Company
may direct an employee to carry out such duties as are within the limits of the
employee’s skills, competence and training.
(xiv) When business
demand declines, the employer may require the employee to stand down for a
period of 2 full weeks, and a maximum of 4 full weeks without pay. This provision may only be used once per
calendar year.
(xv) Subclause 1
(xiv) will only be implemented after subclauses 13(iii), (iv) and 18 (f) are
exhausted.
(xvi) Employees will
continue to co-operate with management in implementing various business
improvements in accordance with continued safe work practices. This includes flexibility in work practices,
housekeeping in both immediate work areas and the factory in general, adherence
to procedures and waste minimization programs.
2.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
age and responsibilities as a carer.
(ii) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by 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 provisions of
the award which, by its terms or operations, has direct of indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1997, 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 1997;
(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."
3. Consultation
(i) A
consultative mechanism and procedures appropriate to the size, structure and
needs of the enterprise shall be established for consultation on matters
affecting the efficiency and productivity of the enterprise.
(ii) It is agreed
that the Consultative Committee will remain in place after the date of effect
of this award, to provide an ongoing communication forum within the
organisation.
(iii) The committee
is committed to continually improving our operation through the ongoing
implementation of the Continuous Improvement (CI) concept.
(iv) The committee
agrees to monitor the CI groups' results to establish benchmarks in the
following areas, while allowing for performance measurement and the
quantification of results as a basis for further quality and efficiency
improvements:
Total Rejects.
In-Line Inspection.
Distribution and Packaging.
This statement should in no way be interpreted or used
to limit the development of future CI projects.
During the term of this award the committee will maintain
the current commitment to developing CI projects to resolve productivity
problems identified by employees during the process analysis carried out by the
Consultative Committee.
(v) In addition to
the above, all parties to the Award are committed to achieving productivity and
quality improvements during the life of the Award. These will be achieved through a variety of consultative
processes, education, and training programs.
Future Awards made between the parties will be reflective of the site
achievements through the efforts of all concerned.
4. Classification and
Employment Arrangements
Employees will be paid at the highest classification for
which they are skilled and accredited to perform.
5. Hours
(i) Day Workers -
The ordinary hours of labour, inclusive of meal times, shall be an average 38
per week over a full roster cycle and shall not exceed eight hours per day,
Monday to Friday, inclusive, between the hours of 6.00am and 6.00pm.
(ii) Shift Workers
-
(a) The ordinary
working hours of employees working on either a two-shift or three-shift roster
system shall be an average of 38 per week over a full roster cycle; in each
case the shifts shall be worked by rotation or fixed shifts not exceeding eight
hours each.
(b) A 15-minute compulsory
shift changeover shall be worked prior to the shift starting time. Payment for the shift changeover is to be
paid at the appropriate penalty rate.
(c) A shift shall
be known and shall be regarded as being wholly within the day upon which it commences
even though part of such shift may carry over into the following day. Provided
that, at the request of the employees concerned, the method of working shifts
is changed so as to provide for a commencement of the weekly shifts at or
before midnight on a Sunday, only the time worked before midnight shall be paid
at the rate of double time; provided further, that all ordinary time worked on
a shift, the greater part of which falls on a Saturday, shall be paid for at
the rate of time and one-half.
(iii) An employee
who has completed a period of work, including overtime, shall not recommence
duty before at least nine and three-quarter hours have elapsed.
The provisions of this paragraph shall apply as if
seven and three-quarter hours were substituted for nine and three-quarter hours
when overtime is worked:
(a) for the
purpose of changing shift rosters; or
(b) where a shift
worker does not report for duty; or
(c) where a shift
is worked by arrangement between the employees themselves.
(iv) The starting
and finishing times of all employees when once fixed shall not be altered
without seven days’ notice to the employees concerned; provided that, by mutual
agreement between the Company and the Union and/or the Union Delegate, the
starting and finishing times may be altered without such notice being given.
(v) The parties
are committed to discuss the implementation of continuous seven-day operation
should business needs demand it. The
parties acknowledge this will include the modification of terms of this award
inconsistent with a seven-day operation.
(vi) 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 work 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 an employee takes time off ordinary hours and work
those hours at a later time), at the shift worker rate which would have been
applicable to the hours taken off.
(vii) Working Off
Site
(a) Iplex, by
agreement with the Union and the Team member/s, may from time to time request a
Permanent Team Member/s to work in sites other than Hobas plant, ie, away from
Sydney Metropolitan district. This is
regarded as working off site.
(b) Iplex, will
pay for all of the travelling, meals & accommodation expenses which
incurred for such a duration.
(c) Team member/s
who agreed to such duties shall be paid per day, the amount of wage that would
have been received in respect of the ordinary time plus any allowances that
would have been worked had the employee not been off site. The current overtime
policy will apply after the normal 8 working hours per day.
(d) Iplex will pay
the Team Member/s involved for the total travel time on weekdays at the normal
current pay rate and total travel time on weekends at the appropriate overtime
rate. Current overtime policy will apply to any hours worked on the top of the
travel time.
(e) Team Member/s
who agreed to such duties shall be entitled to 4 hours time in lieu for every
full working day worked out of the Hobas site.
6. Operation of
38-Hour Week
(i) The ordinary
hours of work shall be an average of 38 hours per week as provided in clause 5,
Hours.
(ii) Circumstances
may arise where roster cycles of varying lengths will apply to various groups
or sections of employees in the plant or establishment concerned.
7. Wages and Allowances
(i) Subject to
the other provisions of this award, the minimum rate of pay for employees shall
be the rate prescribed for the classification or class of work performed by
such employee as set out in Table 1 - Wage Rates of Part B, Monetary Rates.
(ii) Casual
employees shall be paid at the rate fixed for the class of work they are called
upon to do, plus 20 per cent.
(iii) Any employee
appointed to act as a first-aid attendant in addition to normal duties shall be
paid an additional allowance per day or shift as set out in Item 1 of Table 2 -
Other Rates and Allowances.
(iv) Group Leader
(a) Group Leader
shall mean an employee appointed as such whom, in addition to performing
his/her normal work, has a specific responsibility for supervising the work of
other employees.
(b) A Group Leader
shall be paid not less than the highest rate of employees supervised and shall
be paid the wage as set out in Classification 5 of the said Table 1.
(v) Acting Team
Leader - 2IC
(a) An Acting Team
Leader shall mean an employee appointed on a shift basis to assume the basic
responsibilities of a Team Leader as determined from time to time. The parties agreed that the definitions of
"Team Leader" and "Acting Team Leader" will be subject to
review at Consultative Committee level.
Provided that any wage levels agreed for the aforementioned
classifications shall be subsequently reflected in the Award.
(b) The committee
agrees that, under the circumstances where the permanent Team Leader is not
present and a replacement is not practical, the nominated employee will fill
the position of Acting Team Leader.
This will allow for the efficient use of the plant at all times while
developing career paths.
(c) Acting Team
Leader rate is an allowance as set out in Item 3 of the said Table 2. It shall be paid in addition to the Group
Leader rate if applicable.
(vi) Use of own
vehicle - an employee required by the company to use their own vehicle on
company business shall receive an allowance as set out in Item 8 of the Table 2
of Part B, monetary rates.
8. Shift Work
Allowance
Adult shift workers whilst on afternoon shift shall be paid
an allowance as set out in Item 4 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates.
Adult shift workers whilst on night shift shall be paid an
allowance as set out in Item 5 of the said Table 2.
9. Overtime
(i)
(a) All time
worked in excess of the hours mentioned in clause 5, Hours, or outside the
starting and finishing times prescribed therein shall be paid for the rate of
time and one-half for the first two hours and double time for hours worked
thereafter.
(b) For Day
workers to work from midnight and 6.00 am he/she shall be paid at the rate of
double time for all time worked during the said period.
(ii) An employee
required to work overtime on Saturday and/or Sunday or on holidays, except in
the case of breakdown, shall be given, where possible, at least three days’
notice that he/she will be required to work.
(iii) All overtime
on a Saturday shall be paid for at overtime rates with a minimum payment of
four hours at such rate, provided that such minimum payment shall not apply to
overtime worked as a continuation of ordinary hours on a Friday.
(iv) If after the
end of the ordinary day’s work, an employee is then informed of the requirement
to work, the employee concerned shall be paid at the appropriate overtime rate
for a minimum period of two hours.
(v) If an employee
is required to work overtime or an additional unrostered shift and finishes at
a time where transport is not reasonably available the employer shall provide
that employee with transport to the nearest public transport or to his/her
home.
10. Sunday Work
All overtime worked on a Sunday shall be paid for at the
rate of double time with a minimum payment of four hours at such rate.
11. Meal Times and
Meal Allowance
(i) Day workers
shall be allowed not less than thirty minutes for a meal between 12 noon and
1.30pm.
(ii) Shift workers
shall be allowed twenty minutes for a paid meal break and 10 minutes for a paid
tea break. Breaks shall be taken at times agreed between the employee and the
Team Leader so as to minimise production interruptions.
(iii) An employee
required to work overtime one hour or more after the usual ceasing times shall
be paid the rate prescribed in Item 6 of Table 2 - Other Rates and Allowances
(Second Instalment), of Part B, Monetary Rates, for the first meal and again
for a second meal if more than a further four hours overtime is worked. An employee shall be paid meal money if
he/she works three or more hours overtime prior to normal starting time. Should an employee be notified of the
intention of work overtime and then not be called upon to do so, that employee
shall be paid the meal money rate prescribed by the said Item 6.
(iv) A paid break
of thirty minutes duration shall be allowed for each four hours of overtime
worked if the employee continues to work after such break. Provided that if an employee is required to
work four hours overtime immediately following the completion of a normal day’s
work he/she shall be allowed a meal break within two hours of the commencement
of such overtime.
12. Holidays
The days upon which the holidays mentioned below are
observed shall be holidays and shall be allowed without loss of pay, viz.:
New Year’s Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and
Boxing Day, together with any special holiday declared in the Sydney
Metropolitan area, and the Picnic Day of the Australian Liquor, Hospitality and
Miscellaneous Workers Union of Australia, New South Wales Branch, which shall
be agreed upon to meet the requirements of the business.
All time worked on public holidays shall be paid at double
time and one-half with a minimum payment of four hours at such rate.
13. Annual Leave
(i) See Annual Holidays Act 1944.
(ii) An annual
leave loading of 20 per cent of the ordinary-time classification rate shall be
paid where an employee proceeds on annual leave.
(iii) When business
demand declines, the employer may give one week's notice for an employee to
take their annual leave. Not withstanding the above, the employer will in the
first instance require the employee to take their accumulated Rostered Day Off
(RDO) first.
(iv) The maximum
time period for the taking of annual leave in relation to subclause 13(iii)
above will be one full week in each calendar year and with a maximum of 2
occasions per calendar year.
14. Payment of Wages
(i) Wages shall
be paid weekly on a day fixed by the Company other than a Saturday, Sunday or
holiday. All wages shall be paid by
electronic funds transfer.
(ii) Termination
payments may be made by electronic funds transfer, cheque or cash, at the
discretion of the Company.
15. General
Conditions
All permanent employees shall be provided with all necessary
protective clothing, footwear and safety accessories by the Company. Such clothing and equipment shall be
cleaned, maintained, serviced and replaced by the Company. Use of mandatory items is a condition of
employment.
16. Sick Leave
(i) A permanent
employee with not less than three months service shall be paid sick leave if
unable to attend work for reason for personal illness or injury (excepting
illness or injury for which there is an entitlement to workers’ compensation)
and notifies and provides satisfactory evidence that the absence was due to
personal ill-health.
(ii) A permanent
employee shall be able to claim one day per calendar year Sick Leave without a
Doctor's Certificate.
(iii) An employee
shall not be entitled during his/her first year of service with the employer to
leave in excess of five days’ working time.
(iv) An employee
shall not be entitled during the second and subsequent years with the employer
to leave in excess of ten days’ working time.
(v) There Shall be
Unlimited Accumulation of Untaken Sick Leave.
17. Personal/Carer’s
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) of this clause, 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
subclause 16.1, 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 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, or
affinity 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.
(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 set out
in subparagraph (ii) of paragraph (c) 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 subparagraph (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 employee within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be paid 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 subclause 4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be paid at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with subclause 4(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.
18. Rostered Day 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) Only one team
member will be absent on a Rostered Day Off on any day. Accrual of RDOs will be made available up to
5 days.
(e) Under special
circumstances, an employee may elect, with the consent of the employer, to take
a rostered day off at any time.
Whenever possible, five working days notice should be given.
(f) The employer
may require the employee to take accumulated RDOs when business demand declines.
Such RDOs will be a maximum of 5 days on any one occasion.
19. Bereavement Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person prescribed
in subclause (iii) below.
(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 Clause 17,
subparagraph (c)(ii), 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 Clause 17.2
Personal/ Carer’s Leave. In determining
such a request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
20. Technological
Change
Notwithstanding the provisions of subclauses (i) and (ii) of
Clause 1, Terms of Employment, where, on account of the introduction of
proposed introduction by the Company of mechanisation or technological changes
in the industry in which he/she is engaged, the Company terminates the
employment of an employee who has been employed by the Company for the
preceding 12 months, the employee shall be given three months notice of the
termination of his/her employment.
Provided that, if the Company fails to give such notice in full:
(i) the employee
shall be paid at the rate specified for the employee’s ordinary classification
in clause 7, Wages and Allowances, for a period equal to the difference between
three months and the period of notice given, and
(ii) 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 Company summarily to dismiss an employee
for misconduct shall not be prejudiced by the fact that the employee has been
give notice pursuant to this subclause of the termination of his/her
employment.
When the Company gives to an employee notice of the
termination of employment on account of the introduction or proposed
introduction of mechanisation or technological changes, within 14 days
thereafter he/she shall give notification in writing to the Secretary of the Australian
Liquor, Hospitality and Miscellaneous Workers Union of Australia, New South
Wales Branch, of that 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.
21. Redundancy
(i) In the event
the Company makes an employee redundant, the employee shall be entitled to
receive 4 weeks pay in lieu of notice and 4 weeks pay for each year of service
and part thereafter. Employees with fewer than one-year service will receive a
minimum of 4 weeks severance pay. Prior to any such decision being taken, the
Company shall consult with the employees and their Union.
(ii) Permanent
employees 50 years of age and older shall be entitled to an extra week's pay on
top of the 4 weeks severance pay for every year of service.
(iii) In addition
all such affected employees shall be entitled to the nominated benefits as
detailed:
(a) Annual Leave:
Accrued entitlement will be paid out (including pro-rata loading).
(b) Long Service
Leave: Pro-rata will be paid out after 1-year of service.
(c) Superannuation:
Paid in accordance with the Trust Deed of the Fund.
(d) RDO : Accrued
entitlement will be paid out.
(e) Shift Worker:
Redundant permanent employees who work shift work will receive an additional
$288.75 (plus any pay increase in the life of this award) severance payment for
each year of service. Provided that any pro-rata of service will count as one
completed year of service for the purpose of calculating the entitlement.
Employee Assistance:
Outplacement will be made available via an agreed
provider.
Consideration for Vacancies at Other Iplex/Crane Sites.
22. Long Service
Leave
See Long Service Leave
Act 1955.
23. Attendance at
Repatriation Centres
Employees, being ex-service personnel, shall be allowed, as
time worked, lost time incurred whilst attending repatriation centres of
medical examination and/or treatment.
Provided that -
(i) Such lost
time does not exceed eight hours on each occasion.
(ii) Payment shall
be limited to the difference between ordinary wages rates for time lost and any
payment received from the Repatriation Department as a result of each such
visit.
(iii) The
provisions of this clause will apply to a maximum of four such attendances in
any one year of service with an employer.
(iv) The employee
produces evidence satisfactory to the Company that he/she is required to, and
subsequently does, attend a repatriation centre.
24. Attendance Blood
Bank
(i) Normal Blood
Donor - for every quarter the Donor is entitled to have time pay to attend such
an occasion, but shall not exceed 8 hours on each time.
(ii) Special Donor
- the Donor is Entitled to Have Time Pay to Attend Such an Occasion on Each
Month, But Shall Not Exceed 8 Hours on Each Time.
25. Application of
State Wage Cases
There will be no extra claims during the life of this award,
except when a decision varying wages and other award provisions is handed down
by the Industrial Relations Commission of New South Wales flowing from a
decision of the Australian Industrial Relations Commission in a National Wage
Case which is of general application.
26. Accident Pay
Employees absent from work and in receipt of workers’ compensation
shall be paid by the Company, in addition to any workers’ compensation they
will receive in accordance with the Workers’
Compensation Act 1987 or other relevant legislation, a subsidy of an amount
to increase the workers’ compensation payment received to the worker’s weekly
wage for a maximum period of 26 weeks.
27. Income Protection
The Company will provide Income Protection insurance for a
maximum period of 26 weeks. During the
first 2 weeks, the employees will not receive their Income Protection, but may
utilise their sick leave, annual leave or accrued Rostered Days Off.
28. Jury Service
(i) An employee
required to attend for jury service during ordinary working hours shall be
reimbursed by the Company an amount equal to the difference between the amount
paid in respect of his/her attendance for such jury service and the amount of
wage that would have been received in respect of the ordinary time plus any
allowances that would have been worked had the employee not been on jury
service.
(ii) An employee
shall notify the company as soon as possible of the date upon which he/she is
required to attend for jury service.
Further, the employee shall give the company proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
29. Settlement of
Disputes
Objective - To promote the resolution of disputes by
measures based on consultation, co-ordination and discussion; to reduce the
level of industrial confrontation; and to avoid interruption to the performance
of work and consequential loss of production wages.
Group Rules -
(1) There shall be
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.
(2) Throughout all
stages of the procedure all relevant facts shall be clearly identified and
recorded.
(3) Sensible times
shall be allowed for the completion of the various stages of the discussions.
(4) 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.
(5) In order to
allow for the peaceful resolution of grievances the parties shall be committed
to avoid stoppages of work, lockouts or any other banks or limitations on the
performance of work while the procedures of negotiation and conciliation are
being followed.
(6) The Company
shall ensure that all practices applied during the operation of the procedures
are in accordance with safe working practices and consistent with established
custom and practice at the workplace.
Procedure -
(1) An employee or
group of employees who wish to raise any matter in which they are directly
concerned will, in the first instance, discuss it with the appropriate Team
Leader/Shift Manager.
(2) If unresolved,
the employee/s have the right to approach the next appropriate level of
management.
(3) If the
employee/s are then not satisfied, they may consult the union delegate.
(4) If the matter
is still unresolved, the employee, Union or Team Leader/Shift Manager will
report the matter to the appropriate Manager who, if he/she cannot resolve it,
will discuss the matter with the appropriate union delegate and the employee’s
concerned.
(5) If the matter
cannot be settled in the manner outlined above, the union delegate may report
the matter to the appropriate union official.
The union official may then make formal representation to the Production
Manager.
(6) If the above
fails, the matter will be referred to the Industrial Relations Commission of
New South Wales.
30. Performance
Payments System
To encourage performance improvements and allow employees to
benefit from improvements to which they contribute, a performance payments
system will operate from the commencement of this award. KPIs (Key Performance Indicators) will be
discussed and agreed by the parties such that benchmarks are set for the
calculation of the Performance Bonus.
The mechanism of calculating these KPIs will be fully explained before
they are implemented. After the
implementation, these KPIs will be reviewed after six months. The objective is
to make sure the targets of these KPIs are achievable.
If these KPIs are achieved in each quarter, a bonus of 1% of
the operator’s quarter base pay will be paid as a lump sum. The details of these KPIs and benchmarks are
defined in Appendix A.
31. Improvements
During the Life of This Agreement
All parties are committed to achieving productivity and
quality improvements during the life of the Enterprise Award. The parties are committed to this process
for future negotiations concerning the Iplex site.
Finally, the parties to this Award recognise that should
additional training be needed and additional skills result the current classification
structure and rates of pay will need to be reviewed. In such circumstances the Union reserves the right to pursue
these issues with the Company at the appropriate time.
32. Exclusion of This
Agreement
To the extent that this Award is silent the Plastic
Moulding, &c. (State) Award published 2 November 2001 (329 I.G. 83) as
varied shall apply.
33. Area, Incidence
and Duration
This Award shall apply to all employees of the classes
mentioned herein, employed by Iplex Pipelines Australia Pty. Limited at its
plant in 1 Devon Street, Rosehill, engaged in the production of centrifugally
cast, resin-bonded, fibre-reinforced pipes.
This award rescinds and replaces the Iplex Pipelines
Australia Pty Ltd Enterprise (State) Award published 27 September 2002
(336.1.G.518).
This award shall take effect from the beginning of the first
full pay period on or after 12 December 2002 and shall remain in force until 11
December 2004.
The parties to this award:
(i) Iplex
Pipelines Australia Pty. Limited (Hobas Plant) at its plant in Devon Street
Rosehill.
(ii) Australian
Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.
PART B
MONETARY RATES
Table 1- Wage Rates
|
Classification
|
Former Rate of
|
Rate of pay per
week
|
Rate of pay per
week
|
|
|
Pay per week
|
(from first pay
period
|
(from first pay
period
|
|
|
|
commencing on or
after
|
commencing on or
after
|
|
|
|
12/12/02
|
12/12/03)
|
|
|
$
|
$
|
$
|
|
1
|
Dispatch Hand
|
569.88
|
591.54
|
614.01
|
|
2
|
Pipe Finishing hand
|
569.88
|
591.54
|
614.01
|
|
3
|
Coupling Winder Operator
|
582.57
|
604.71
|
627.69
|
|
4
|
Pipe Feeder Operator
|
613.71
|
637.03
|
661.24
|
|
|
w/Stamp
|
|
|
|
|
5
|
Group Leader
|
645.12
|
669.63
|
695.08
|
|
6
|
Q. A. Inspector
|
685.50
|
711.55
|
738.59
|
|
7
|
Process Technician Grade 1
|
713.45
|
740.56
|
768.70
|
|
8
|
Process Technician Grade 2
|
769.52
|
789.76
|
829.11
|
Table 2- Other Rates and Allowances
|
Item
|
Clause
|
Description
|
Former
|
Allowance rate
|
Allowance rate
|
|
No
|
No
|
|
Allowance
|
(from first pay
|
(from first pay
|
|
|
|
|
|
period
|
period
|
|
|
|
|
Rates
|
commencing on
|
commencing on
|
|
|
|
|
|
or after 12/12/02)
|
or after 12/12/03)
|
|
|
|
|
$
|
$
|
$
|
|
1
|
7 (iii)
|
First aid (per week)
|
18.95
|
19.67
|
20.42
|
|
2
|
|
Group leader (per week)
|
31.35
|
32.54
|
33.78
|
|
3
|
7(vi)(c)
|
2IC (per shift)
|
23.25
|
24.13
|
25.05
|
|
4
|
8
|
Afternoon shift (per shift)
|
20.30
|
21.07
|
21.87
|
|
5
|
8
|
Night shift ( per
shift)
|
34.85
|
36.17
|
37.55
|
|
6
|
11(iii)
|
Meal Money (per meal)
|
7.30
|
7.58
|
7.87
|
|
7
|
|
Stamp (per week)
|
25.90
|
26.88
|
27.91
|
|
8
|
7(vi)
|
Own Vehicle Allowance
|
0.52
|
0.54
|
0.56
|
Appendix A
Iplex Performance Payments System - Conditions
1. The aim of
the performance payments systems is to encourage performance improvements and
allow employees to benefit from improvements to which they contribute. Payments will be made in accordance with the
attached Iplex Performance Payments’ matrix attached. Provided that payments to
employees arising from this system shall not be paid in circumstances of any
strike or bans imposed by employees.
The following KPIs are agreed:
(a) A20 Feeder
Output - We will measure the number of pipes output from the A20 Feeder by
making use of the computer model which has been demonstrated to & agreed by
all of the Feeder Operators.
(b) Scrap Rate -
It is to be reduced from the current average of 10.5% by 10% to 9.45%. The Scrap rate is a measure of cut back of
pipes and scrap pipes. Pipes due to QA
tests and downgraded pipes are not included in the calculation.
(c) Lost Time
Injury (LTI) - We try to aim for no LTI for each quarter. If we have 1-2 days of LTI the bonus will be
halved and if the LTI is greater than 2 days, no Bonus will be paid.
2. Employees
entitled to performance payments are all weekly paid employees covered by this
Award (this includes casual employees).
Any employee who has more than 5 days leave without pay
in a month will not have an entitlement to a performance payment.
New employees must be employed for a full calendar
month in order to have an entitlement to a payment.
Everyone receives the same payment regardless of their
position, any paid absences, skill levels, etc.
3. Pro-rata
payments will be made only in cases of raw material unavailability.
4. Payments (for
improvements achieved) will be paid during the following month.
5. The
Consultative Committee will review the operation of the performance payments
system at 3 monthly intervals or more often if there is a clear need for
amendment.
6. The parties
agree technology changes in the Iplex operation will require review of the
Performance Payments System. Any
alteration made as a result of technology changes would have the intent of
maintaining the status quo.
R. J. PATTERSON, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.