BORAL EMU PLAINS QUARRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Boral
Construction Materials Group Limited.
(No. IRC 2968 of 2005)
|
Before Commissioner
O'Neill
|
14 July 2005
|
VARIATION
1. Delete the
Index of the award published 15 July 2005 (352 I.G. 386), and insert in lieu
thereof the following:
INDEX
PART A
1. New Award
1.1 Preamble
1.2 Commitment
2. Dictionary
2.1 Definitions
3. Parties
And Application
3.1 Application
3.2 Replacement
3.3 Supercession
3.4 Commencement
4. Contract
Of Employment
4.1 Weekly Employment
4.2 Probation
4.3 Resignation
4.4 Boral Termination Option
4.5 Part Time Employment
4.6 Casual Employment
4.7 Change In The Nature Of Your Contract Of
Employment
5. Consultation
5.1 The Committee
5.2 Sub-Committees
5.3 Proceedings
5.4 Functions
5.5 Powers
6. Redundancy
6.1 Preservation Of Employment
6.2 Selection
6.3 Introduction Of Change
6.4 Redundancy Pay
6.5 Resignation During Notice Of Redundancy
7. Disputes
Procedure
7.1 Steps
7.2 Continuation Of Normal Work
8. Classifications
8.1 Levels
8.2 Skills
8.3 Rates Of Pay
9. Training
9.1 Training Program To Be Established
9.2 Training Program
10. Training
And Progression
10.1 Provisional Accreditation And
Reclassification
10.2 Progression Assessment
10.3 Assessor And Appeal
10.4 New Skill Recognition
10.5 Progression To New Classifications In
Clause 8.1
10.6 Failure To Gain Recognition
10.7 Reassessment To Gain Recognition
10.8 Further Failure To Gain Recognition
10.9 Level While Training
10.10 Payment For Training
10.11 Course Fees
11. Team
Leader And Assessor Skills
11.2 To Become A Team Leader Or Assessor
11.3 Use Of Team Leader And Assessor Skills
12. Recognition,
Reassessment And Redundant Skills
12.1 Timing Of Reassessment
12.2 Failure Of A Reassessment
12.3 Further Failure And Reclassification To A
Lower Level
12.4 Assessor And Appeal
12.5 Redundant Skills
13. Work
Practices
13.1 Using Skill As Directed
13.2 Rotation From Primary Skill
13.3 Ascertaining A Primary Skill
13.4 Change To Nominated Primary Skill
13.5 To Avoid Doubt
14. Payment Of
Wages
14.1 Electronic Funds Transfer
14.2 Late Pay
15. Tools
15.1 Supply Of Tools
16. First Aid
16.1 Certificate
17. Temporary
Transfer
17.1 Transfer Terms
18. Hours Of
Work
18.1 Average Week
18.2 Spread Of Hours
18.3 Ten Hour Days
18.4 Change To Or From Shift Work
18.5 Rosters
18.6 Change To Rosters
18.7 Afternoon Shifts
18.8 Night Shifts
18.9 Saturday Shifts
18.10 Sundays And Holidays
18.11 Holidays
19. Method Of
Working The 38 Hour Week
19.1 Work Cycles
19.2 Accumulation Of Rostered Days Off
19.3 Rostered Days Off On Public Holidays
19.4 Accrual
19.5 Taking A Rostered Day Off
20. Meal
Breaks
20.1 Work Before Break
20.2 Continuity Of Operations
20.3 Staggering Breaks
20.4 Meal Breaks For Shift Workers
20.5 Working Through A Meal Break
21. Rest
Breaks
21.1 Daily Break
21.2 Staggering
21.3 Continuous Operation
21.4 Shift Workers
22. Sundays
And Holidays
22.1 Holidays
22.2 Absence
22.3 Working On A Holiday
22.4 Sundays
23. Overtime
23.1 Payment
23.2 Day Stands Alone
23.3 10 Hour Rest Period
23.4 8 Hour Rest Period For Shift Workers
23.5 Call Back
23.6 Overtime Bonus And Breaks
23.7 Not Required To Work Overtime
23.8 Weekend Crib Breaks
23.9 Weekend Minimum
24. Annual
Leave
24.1 Entitlement
25. Annual
Leave Loading
25.1 Payment Of Loading
25.2 Calculation Of Loading
25.3 Shift Workers
26. Long
Service Leave
26.1 Entitlement
27. Parental
Leave & Personal/Carer’s Leave
27.1 Parental Leave
27.2 Personal/Carer’s Leave
27.3 Unpaid Leave For Family Purposes
28. Bereavement
Leave
28.1 Entitlement
29. Jury
Service
29.1 Entitlement
29.2 Notification
30. Sick Leave
30.1 Entitlement
30.2 Notification
30.3 Workers Compensation
30.4 Accumulation
30.5 Absent On Holidays And Rostered Days Off
31. Protective
Clothing
31.1 Entitlement
32. Protective
Equipment
32.1 Entitlement
33. Use Of Car
33.1 Allowance
34. Salary
Increase
35. Fares
35.1 Payment
36. Additions
To Wage
36.1 Allowances
37. Delegates
37.1 Appointment
37.2 Time
38. Counselling
38.1 Procedure, Unsatisfactory Performance
38.2 Misconduct
38.3 Validity Of Warnings
39. Kitchen
39.1 Tea And Coffee
40. Timekeeping
40.1 Decimal Proportion
40.2 Latecomers
41. Rain
41.1 Working In The Rain
42. Leave
Reserved
42.1 Clauses
43. Anti
Discrimination
43.1 Obligation
44. 2003
Fatigue Management Program Saturday No Disadvantage
44.1 Preamble
44.2 Entitlement
45. Superannuation
Benefits
45.1 Obligation
46. Wages
Sacrifice In Return For Increased Employer Funded Superannuation
PART B
Table 1A - Rates Of
Pay (No Wages Sacrifice)
Table 1B - Rates Of
Pay (With Wages Sacrifice)
Table 2 - Other Rates
And Allowances
Schedule A
Schedule B
Schedule C
Schedule D
Schedule E
Schedule F
Schedule G
Schedule H
Schedule I
Schedule J
PART A
2. Delete
subclause 8.3, of clause 8, Classifications, and insert in lieu thereof the
following:
8.3 Rates of Pay
(a) The weekly
ordinary time rate of pay to be paid to you (for the appropriate level arising
from clause 8.1) if you have not made a wages sacrifice election in accordance
with clause 46, is as set out in Table 1A of this award.
(b) The weekly
ordinary time rate of pay to be paid to you (for the appropriate level arising
from clause 8.1) if you have made a wages sacrifice election in accordance with
clause 46, is as set out in Table 1B of this award except when:
(i) overtime is
worked in which case the relevant weekly ordinary time rate of pay in Table 1A
shall apply for the purposes of calculating the payment for overtime;
(ii) calculating
allowances arising from clause 18, in which case the relevant weekly ordinary
time rate of pay in Table 1A shall apply for the purposes of calculating the
said allowances;
(iii) calculating
annual leave loading, in which case the relevant weekly ordinary time rate of
pay in Table 1A shall apply for the purposes of calculating the said
allowances; and
(iv) calculation
payments upon termination of employment (pay in lieu of notice, accrued annual
and long service leave entitlements and redundancy pay) in which case the
relevant weekly ordinary time rate of pay in Table 1A shall apply for the
purposes of calculating the payment those payment upon termination.
3. Insert after
clause 45, Superannuation Benefits, the following new clause 46:
46. ‘Wages Sacrifice’
in Return for Increased Employer Funded Superannuation
46.1 Preamble
(a) This clause
has been included in this award because it allows permanent employee to elect
to forgo:
(i) part of their
weekly ordinary time rate of pay; and/or
(ii) their annual
cash bonus,
for increased employer funded superannuation benefits
on the basis that this is tax beneficial for the employee and at only minimal
additional (administrative) cost to Boral.
(b) The parties
acknowledge that if a permanent employee makes this election their weekly ordinary
time rate of pay will be reduced (because Boral will be funding more
superannuation for them) except when calculating overtime, shift penalties or
payments made on termination (pay in lieu of notice, accrued annual and long
service leave entitlements and redundancy pay).
46.2 Wages Sacrifice
Election
A permanent employee may elect to forgo receiving:
(a) part of their
weekly ordinary time rate of pay; and/or
(b) their annual
cash bonus,
in return for increased employer funded superannuation
by completing the election form set out in Schedule "J" of this
award.
46.3 Boral to Fund
Increased Superannuation
Whenever a permanent employee has made an election
referred to in clause 46.2 Boral shall provide the employee with employer
funded superannuation contributions in the amount elected in addition to any
statutory contributions.
46.4 Change or
Ceasing Elected Amount
Having made an election in accordance with this clause
an employee may cease or vary their election by completing a further election
form as set out in Schedule "J" of this award to have effect on and
only on 1 January or 1 July each year.
46.5 Cessation &
Suspension of Wages Sacrifice Election
Despite anything else in this clause:
(a) should any
laws governing taxation or superannuation change at any time so as to impose
any additional cost or tax upon Boral than those applicable at the commencement
of the operation of this clause then Boral may serve a notice upon each
employee of their intention to cease the wages sacrifice for them and upon the
first full pay period to commence on or after the service of the notice the
wages sacrifice election shall cease to operate; and
(b) if an employee
has made a wages sacrifice election in accordance with this clause in relation
to their ordinary time rate of pay and then enters a period of leave without
pay the wages sacrifice election in relation to their ordinary time rate of pay
shall be suspended for the period of such leave.
46.6 Workers
Compensation
During any period when an employee is injured or
incapacitated and in receipt of workers’ compensation payments, Boral will
continue to provide the employee with employer funded superannuation
contributions in the amount elected in addition to any statutory contributions
while the employee is still employed by Boral, up to a maximum of 26 weeks
within any continuous period of 52 weeks from the date of the employee’s injury
or incapacitation.
46.7 Age Based
Contribution Limit
Despite anything else in this clause an employee must
not make a sacrifice selection of a percentage that when added to the minimum
Superannuation Guarantee Contribution exceeds the age-based contribution limit
provided for by sections 82AAC to 82AAF of the Income Tax Assessment Act 1946
(Cth).
4. Delete -
Table 1 - Rates of Pay, of Part B, and insert in lieu thereof the following:
Table 1A - Rates
Of Pay (No Wages Sacrifice)
Subject to this award, you shall be paid in accordance with
the following table of rates from the first full pay week period in November
2004:
|
Classification
|
Weekly Ordinary
Time Rate of Pay
|
|
|
$
|
|
Level 1 Operator
|
654.47
|
|
Level 2 Operator
|
759.19
|
|
Level 3 Operator
|
772.30
|
|
Level 4 Operator
|
785.38
|
|
Level 5 Operator
|
798.46
|
|
Level 6 Operator
|
811.56
|
|
Level 7 Operator
|
824.65
|
|
Level 8 Operator
|
838.87
|
Notation:
The rates in Table 1A above include and consume the
"Industry Disability" allowance and the "Inclement Weather"
allowance. Accordingly, the rates in Table 1 above compensate you for working
in the open in quarries and thereby being subject to climatic conditions such
as dust blowing in the wind, sloppy and muddy conditions and the lack of usual
amenities associated with factory work, etc. and for the additional
disabilities of being required to work when exposed to inclement weather and
for working in isolated and underdeveloped locations: "inclement
weather" means - wet weather and/or abnormal climatic conditions such as
hail, cold, high winds, severe dust storms, extreme high temperatures or any
combination thereof.
The rates in Table 1A also compensate for working in
confined spaces.
Table 1B - Rates
Of Pay (With Wages Sacrifice)
Subject to this award, you shall be paid in accordance with
the following table of rates from the first full pay week period in November
2004:
|
Level
|
1%
|
3%
|
5%
|
7%
|
10%
|
15%
|
20%
|
|
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
1
|
647.93
|
634.84
|
621.75
|
608.66
|
589.02
|
556.30
|
523.58
|
|
2
|
751.60
|
736.41
|
721.23
|
706.05
|
683.27
|
645.31
|
607.35
|
|
3
|
764.58
|
749.13
|
733.69
|
718.24
|
695.07
|
656.46
|
617.84
|
|
4
|
777.53
|
761.82
|
746.11
|
730.40
|
706.84
|
667.57
|
628.30
|
|
5
|
790.48
|
774.51
|
758.54
|
742.57
|
718.61
|
678.69
|
638.77
|
|
6
|
803.44
|
787.21
|
770.98
|
754.75
|
730.40
|
689.83
|
649.25
|
|
7
|
816.40
|
799.91
|
783.42
|
766.92
|
742.19
|
700.95
|
659.72
|
|
8
|
830.48
|
813.70
|
796.93
|
780.15
|
754.98
|
713.04
|
671.10
|
Notation:
The rates in Table 1B above include and consume the
"Industry Disability" allowance and the "Inclement Weather"
allowance. Accordingly, the rates in Table 1 above compensate you for working
in the open in quarries and thereby being subject to climatic conditions such
as dust blowing in the wind, sloppy and muddy conditions and the lack of usual
amenities associated with factory work, etc. and for the additional
disabilities of being required to work when exposed to inclement weather and for
working in isolated and underdeveloped locations: "inclement weather"
means - wet weather and/or abnormal climatic conditions such as hail, cold,
high winds, severe dust storms, extreme high temperatures or any combination
thereof.
The rates in Table 1B also compensate for working in
confined spaces.
5. Insert after
Schedule I - Assessment & Reclassification Request Form, the following new
Schedule J:
Schedule J
WAGES SACRIFICE’
ELECTION FORM
Pursuant to clause 46 of the Boral Emu Plains Quarry (State)
Award an employee may elect to forgo part of their weekly ordinary time rate of
pay and/or annual cash bonus in return for increased employer funded
superannuation.
Sacrifice of Ordinary Time Rate of Pay Election
If you make this election your weekly ordinary time rate of
pay of pay will be reduced (because Boral will be funding more superannuation
for you) which will effect how you are paid for such things as annual leave
etc. This will not be the case when working overtime when you will receive the weekly
ordinary time rate of pay applicable to you before you made your election. The
tables below set out the effect of making an election on your weekly ordinary
time rate of pay and the additional superannuation you will receive.
Operative from the first full pay period to commence on or
after commencement of award:
Post Election
Ordinary Time Rate of Pay
|
Level
|
No
|
1%
|
3%
|
5%
|
7%
|
10%
|
15%
|
20%
|
|
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
1
|
654.47
|
647.93
|
634.84
|
621.75
|
608.66
|
589.02
|
556.30
|
523.58
|
|
2
|
759.19
|
751.60
|
736.41
|
721.23
|
706.05
|
683.27
|
645.31
|
607.35
|
|
3
|
772.3
|
764.58
|
749.13
|
733.69
|
718.24
|
695.07
|
656.46
|
617.84
|
|
4
|
785.38
|
777.53
|
761.82
|
746.11
|
730.40
|
706.84
|
667.57
|
628.30
|
|
5
|
798.46
|
790.48
|
774.51
|
758.54
|
742.57
|
718.61
|
678.69
|
638.77
|
|
6
|
811.56
|
803.44
|
787.21
|
770.98
|
754.75
|
730.40
|
689.83
|
649.25
|
|
7
|
824.65
|
816.40
|
799.91
|
783.42
|
766.92
|
742.19
|
700.95
|
659.72
|
|
8
|
838.87
|
830.48
|
813.70
|
796.93
|
780.15
|
754.98
|
713.04
|
671.10
|
Additional Employer
Funded Superannuation
|
Level
|
No
|
1%
|
3%
|
5%
|
7%
|
10%
|
15%
|
20%
|
|
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
1
|
0.00
|
6.54
|
19.63
|
32.72
|
45.81
|
65.45
|
98.17
|
130.89
|
|
2
|
0.00
|
7.59
|
22.78
|
37.96
|
53.14
|
75.92
|
113.88
|
151.84
|
|
3
|
0.00
|
7.72
|
23.17
|
38.62
|
54.06
|
77.23
|
115.85
|
154.46
|
|
4
|
0.00
|
7.85
|
23.56
|
39.27
|
54.98
|
78.54
|
117.81
|
157.08
|
|
5
|
0.00
|
7.98
|
23.95
|
39.92
|
55.89
|
79.85
|
119.77
|
159.69
|
|
6
|
0.00
|
8.12
|
24.35
|
40.58
|
56.81
|
81.16
|
121.73
|
162.31
|
|
7
|
0.00
|
8.25
|
24.74
|
41.23
|
57.73
|
82.47
|
123.70
|
164.93
|
|
8
|
0.00
|
8.39
|
25.17
|
41.94
|
58.72
|
83.89
|
125.83
|
167.77
|
Having taken my own independent financial and taxation
advice on the matter, I [insert employee name] classified on Level [insert
level] elect in accordance with clause 46 of the Boral Emu Plains Quarry
(State) Award to forgo:
1%;
3%;
5%;
7%;
10%;
15%; or
20% [circle percentage elected],
of my weekly ordinary time rate of pay in return for
increased employer funded superannuation contributions equal to this amount.
Having made this election, the employee’s new ordinary time
rate of pay will be (circle correct amount):
|
Level
|
1%
|
3%
|
5%
|
7%
|
10%
|
15%
|
20%
|
|
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
Election
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
1
|
647.93
|
634.84
|
621.75
|
608.66
|
589.02
|
556.30
|
523.58
|
|
2
|
751.60
|
736.41
|
721.23
|
706.05
|
683.27
|
645.31
|
607.35
|
|
3
|
764.58
|
749.13
|
733.69
|
718.24
|
695.07
|
656.46
|
617.84
|
|
4
|
777.53
|
761.82
|
746.11
|
730.40
|
706.84
|
667.57
|
628.30
|
|
5
|
790.48
|
774.51
|
758.54
|
742.57
|
718.61
|
678.69
|
638.77
|
|
6
|
803.44
|
787.21
|
770.98
|
754.75
|
730.40
|
689.83
|
649.25
|
|
7
|
816.40
|
799.91
|
783.42
|
766.92
|
742.19
|
700.95
|
659.72
|
|
8
|
830.48
|
813.70
|
796.93
|
780.15
|
754.98
|
713.04
|
671.10
|
|
|
|
|
|
|
|
|
|
Sacrifice of Annual Cash Bonus Election
Having taken my own independent financial and taxation
advice on the matter, I [inset employee name] classified on Level [insert
level] elect in accordance with clause 46 of the Boral Emu Plans Quarry (State)
Award to forgo any annual cash bonus falling due after this selection in return
for increased employer funded superannuation contributions equal to this
amount.
[Cross out Sacrifice of Annual Cash Bonus Election if Bonus
is not being sacrificed]
In making this election, the elected percentage when added
to the minimum Superannuation Guarantee Contribution does not exceed the
age-based contribution limit provided for by sections 82AAC to 82AAF of the Income
Tax Assessment Act 1946 (Cth).
Notation:
For the 2004/2005 tax year these were:
|
Under 35 Years of
age
|
35 to 49 Years of
age
|
Over 50 Years of
age
|
|
13,934
|
38,702
|
95,980
|
|
|
|
Signed by [insert employee name]:
|
|
|
|
Confirmed by Boral [insert name]:
|
|
|
|
Date:
|
8. This
variation shall take effect on and from 10 June 2005.
B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.