ALLIED INDUSTRIAL SERVICES PTY LTD (STATE) CONSENT ENTERPRISE AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Industry Group, New South Wales Branch, an industrial organisation and State Peak Council for Employers.

 

(No. IRC 2471 of 2005)

 

 

AWARD

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Area and Incidence

3.         Term of Award

4.         Objectives of Award

5.         Intent

6.         Code of Ethics

7.         Self Direction

8.         Continuous Improvement and Innovation

9.         Occupational Health & Safety & Environment

10.       Training and Development

11.       Leadership Responsibility

12.       Equal Employment Opportunity

13.       Anti-Discrimination

14.       Probation

15.       Drug and Alcohol Policy

16.       Alternative Arrangements

17.       Classifications

A)         Multi Skilled Serviceperson Level 1 (Msp1)

B)         Multi-Skilled Serviceperson Level 2 (Msp2)

C)         Multi-Skilled Serviceperson Level 3 (Msp3)

D)         Multi-Skilled Serviceperson Level 4 (Msp4)

E)          Tradesperson Level 5 (Msp5)

F)          Tradesperson Level 6 (Msp6)

G)         Tradesperson Level 7 (Msp7)

18.       Wages

19.       Allowances

A)         Leading Hand Allowance

B)         Industry Allowance

C)         Higher Duties

D)         Tool Allowance

E)         Travel Allowance and Travelling Arrangements

E)         Distant Sites (Living Away From Home Allowance) (Where Applicable)

F)          Clothing and Footwear Issue

20.       Provision of Additional Tools

21.       Payment of Wages

22.       Contract of Employment

A)         Weekly Employment

B)         Flexible Hire Employment

C)         Casual Employment

D)         Standing Down of Employees

E)          Abandonment of Employment

F)          Time Keeping - Late Comers

G)         Absence from Duty

H)         Termination of Employment

i            Notice of Termination by Employer

ii           Notice of Termination by Employee

iii          Time Off During Notice Period

iv          Statement of Employment

23.       Employees' Duties

24.       Hours of Work

25.       Rostered Days Off

26.       Shift Work

A)         Shift Rosters

B)         Variation of Shifts

C)         Allowances - Afternoon or Night Shift

27.       Overtime

A)         Overtime

B)         Rest Period after Overtime

C)         Call Back

D)         Overtime Meal Breaks

E)          Meal Allowance

28.       Holidays and Weekend Work

A)         Public Holidays

B)         Public Holidays not Worked

C)         Public Holidays Worked

D)        Holidays - Absence on Working Day before or after

E)          Weekend Work

F)          Minimum Payment

29        Sick Leave

30        Income Protection Insurance

31        Disciplinary Procedure

A)         Counselling

B)         First Written Warning

C)         Final Written Warning

D)         Termination

32.       Disputes Settlement Procedure

33.       Jury Service

34.       Redundancy

A)         Discussion before Terminations

B)         Transfer to Lower Paid Duties

C)         Severance Pay

D)         Employee Leaving During Notice

E)          Alternative Employment

F)          Time Off During Notice Period

G)         Notice to Centrelink

H)         Transmission of Business

I)           Employees with less than One Year's Service

J)          Employees Exempted

35.       Annual Leave

36.       Long Service Leave

37.       Parental Leave

38.       Bereavement Leave

39.       Personal Carers Leave

40.       Superannuation

41.       No Extra Claims

42.       Minimum Wage

 

2.  Area and Incidence

 

This Award shall be known as the Allied Industrial Services Pty Ltd (State) Consent Enterprise Award .It shall apply to all Industrial Division employees of Allied Industrial Services Pty Ltd (AIS) in NSW who perform labouring, trades and maintenance work (as defined herein) as directed by the company. The Parties have considered the matters required by Section 19 of the Act and have complied with those requirements.

 

This award rescinds and replaces the Allied Plant Services Pty Ltd (State) Consent Enterprise Award, published 15 August 2003 (340 I.G. 904).

 

3.  Term of Award

 

This Award shall take effect on 16 May 2005 and shall remain in force until 19 January 2008.

 

4.  Objectives of Award

 

The Partners to this Award (meaning the union, AIS and its’ employees) have jointly developed the Award conditions and are committed to providing a 365 days per year, 24 hours per day service delivery to AIS customers.

 

5.  Intent

 

This Award is designed to enable the Partners to work together in a cooperative manner, in an environment of honesty and mutual respect to achieve the highest work performance. The Company and its employees will identify, action and implement ideas that provide benefits for the business.

 

6.  Code of Ethics

 

AIS Company Policies include a minimum standard of behaviour expected of all Company employees. The basis for our survival depends on how people behave and interact with one another. This includes our customers, the public and the community.

 

7.  Self Direction

 

The Partners support and promote the principle of Self-Direction in the workplace. Self Direction is where employees work together to improve their operations, handle day to day issues, and plan and control their work, managing many of the tasks and activities that supervision or management used to manage. Employees are involved in work quality planning.

 

8.  Continuous Improvement and Innovation

 

The Partners to this Award are committed to the philosophy of continuous improvement and innovation through effective people and business management. Employees are required to contribute not only through effort but also through good ideas and participation in new initiatives.

 

9.  Occupational Health & Safety & Environment

 

The need to create and maintain a safe working environment is a priority for the Partners to this Award.

 

10.  Training and Development

 

Training will be identified and assessed by the Company on a case by case basis and tailored to meet the individual employee and Company needs. Where practical employees will be offered the opportunity to apply for vacancies within the Company prior to external recruitment occurring.

 

11.  Leadership Responsibility

 

All Company employees have leadership responsibilities.

 

12.  Equal Employment Opportunity

 

The Partners agree to comply with and promote the principles of equal opportunity legislation.

 

13.  Anti-Discrimination

 

(a)        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 ground of race, sex, marital status, disability, homosexuality, transgender identity, age and carer’s responsibilities.

 

(b)        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.

 

(c)        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.

 

Nothing in this clause is to be taken to affect:

 

i.           any conduct or act which is specifically exempted from anti-discrimination legislation;

 

ii           offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

iv         a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(d)        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:

 

(1)        Employers and employees may also be subject to Commonwealth Anti-Discrimination Legislation.

 

(2)        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".

 

14.  Probation

 

The continued employment of all new employees (other than a casual employee) will be subject to the satisfactory completion of a twelve- (12) week on the job probationary period. At the conclusion of the probationary period the Company shall either confirm the employee's continued employment or terminate the employment of the employee, provided that during the probationary period the employment of a probationary employee may be terminated by either party on the giving of notice consistent with the provisions of the Workplace Relations Act or payment in lieu thereof.

 

15.  Drug and Alcohol Policy

 

It is the policy of AIS to provide a workplace, which is free from hazards associated with drugs and alcohol.

 

The AIS Drug and Alcohol Policy includes a confidential referral service provided by AIS for employees who have difficulty complying with this Policy. Details of this service will be made available from the Company, or via the employee’s own Medical Practitioner.

 

16.  Alternative Arrangements

 

The Partners to this award may, through consultation, mutually agree in writing to enter into alternative employment arrangements to this award, which shall prevail over this agreement.

 

17.  Classifications

 

Movement between classifications is at the sole discretion of the Company, requires formal notice and is dependent on:

 

Training being completed successfully

 

The demonstrated ability to perform the requisite number of task Groups/activities.

 

The requirements of the business

 

The duties listed herein are not exhaustive, the employees recognising that they are indicative of the skills and responsibilities relevant to their classification.

 

a)         Multi-skilled Serviceperson Level 1 (MSP1)

 

This is a person, competent, willing and able to perform any 3 of the

following duties:

 

1)         Labouring (using shovels, brooms, vacuums and water hoses, electric tools, etc.);

 

2)         Operating skid steer loader

 

3)         Operating small ride-on sweeper;

 

4)         Operating jet blast equipment;

 

5)         Operating compressor and air tools;

 

6)         Grouting;

 

7)         Operating Sludge Guzzler or similar pump equipment;

 

8)         Grit Blasting or similar equipment;

 

9)         Traffic Control.

 

b)         Multi-skilled serviceperson Level 2 (MSP2)

 

This is a MSP1 person competent, willing and able to perform without direct supervision a minimum of three of the following task groups/activities

 

1.          Basic High pressure water blasting operation;

 

2.          Road Sweeper and truck/Hiab driving/operation;

 

3.          Equipment operation including but not limited to Cranes, crane chasing, excavators, forklifts, EWP's loaders etc.

 

4.          4Basic Industrial Vacuum Loader operation;

 

5.          Confined Space Standby and gas watching;

 

6.          Ultrasonic operation;

 

7.          ATW Service providers;

 

8.          Assist with and develop procedures and JSA's;

 

9.          First Aid Certificate.

 

Employees in this classification are required to provide on the job training for other AIS employees and complete daily equipment checks

 

c)         Multi-skilled serviceperson Level 3 (MSP3)

 

This is a MSP2 person competent, willing and able to perform a minimum of two of the following task groups/activities:

 

1.          Crew leader -

 

2.          Crew leader-High pressure water blasting driving/operation;

 

3.          Crew leader-Industrial Vacuum Loader driving/operation;

 

4.          Specialised demolition equipment operation eg. (Slageater/Brokk/KT 21, Track rig operation);

 

5.          Perform daily checks, basic fault finding and repairs;

 

6.          Demonstrate strong leadership skills/qualities including IR/HR, customer service/sales and supervision skills.

 

d)         Multi-skilled serviceperson Level 4 (MSP4)

 

This is an MSP3 Employee, competent, willing able and requested to perform all of the following task groups/activities:

 

1.          Estimating and quoting;

 

2.          Preparation and processing of project documentation;

 

3.          Relief Team Leader role.

 

e)         Tradesperson Level 5 (MSP5)

 

This is a Tradesperson in possession of a trade certificate engaged in maintenance and service of plant and equipment and who, in the performance of work:

 

1.          Utilises mechanical, welding, hydraulic, pneumatic and electrical knowledge and associated skills;

 

2.          Utilises First aid certificate skills.

 

f)          Tradesperson Level 6 (MSP6)

 

This is a Tradesperson Level 5 in possession of post Trade Certificates, qualifications or experience assessed as willing and able to:

 

1.          Utilise mechanical, welding, hydraulic, pneumatic and electrical knowledge and associated skills;

 

2.          Utilise diagnostic skills;

 

3.          Assists with and develop procedures and JSAs;

 

4.          Utilise First Aid Certificate skills;

 

5.          Provide on the job training for other AIS employees ;

 

6.          Demonstrate strong leadership skills/qualities including IR/HR, customer service/sales and supervision skills;

 

7.          Participate in an "on call "roster system devised by AIS and as follows:

 

AIS will provide 4 hours work on a public holiday if requested by the relevant Tradesperson "on call".

 

AIS will at times provide a vehicle in order that the person may perform specific Company duties. The vehicle may be housed overnight at their residence provided it is secured and is not required by the Company.

 

g)         Tradesperson Level 7 (MSP7)

 

This is a MSP6 employee who, from time to time and at the sole discretion of AIS, has been appointed to the position as described in relevant AIS Position Specification Duties and skills include:

 

1.          Strong leadership;

 

2.          IR/HR;

 

3.          Customer service/sales;

 

4.          Planning and supervision;

 

5.          Relieving duties.

 

AIS will at times provide a vehicle in order that the person may perform specific Company duties. The vehicle may be housed overnight at their residence provided it is secured and is not required by the Company.

 

An employee classified as an Area Coordinator will be paid an all-purpose allowance of $60.00 per week (refer Cl 18). Any payment in excess of $60.00 is at the sole discretion of the company.

 

18.  Wages

 

The rates of pay listed herein include allowances for enterprise flexibility and anticipated CPI increases over the period of the agreement:

 

 

19.  Allowances

 

The following allowances are included in the wage rates as defined in Clause 18 and are payable for all purposes of the Award unless otherwise noted:

 

a)         Leading Hand Allowance

 

Is paid in the expectation that, and conditional upon, all employees performing their duties as expected of a Leading Hand.

 

b)         Industry Allowance ($37.36)

 

Is paid as compensation for the particular disabilities and lack of usual amenities experienced in on-site work.

 

This allowance is paid in lieu of any other special rates provided that it shall not be paid on annual leave and long service leave.

 

c)         Higher Duties Allowance

 

An employee working in a temporary capacity will be paid a higher duties allowance representing the difference between the relevant classifications as noted in WAGES Clause 18.Any such request will be formally made and will therefore need to be in writing for the employee to be paid the allowance for any work they perform at the higher classification.

 

d)         Tool Allowance ($12.12)

 

Is paid for a Tradesman (MSP 5,6,7) to supply and maintain tools ordinarily required in the performance of his/her work.

 

The following allowances are not included in the wage rates as defined in Clause 18 and are not payable for all purposes of the Award:

 

e)         Travel allowance and Travelling Arrangements

 

i.           Upon commencement of employment AIS will nominate an employee's depot for the purposes of reporting for duty. This may be varied provided a minimum of five days notice is given by AIS.

 

ii.          An employee directed to report for duty at a work site within Bluescope Steel at Port Kembla, shall be paid a BHP vehicle allowance of $5per day if they have been asked by their supervisor to drive their own vehicle to such worksite and they agree to that request.

 

iii.         Where the employee uses their own vehicle at the request of AIS, such vehicle expenses shall be reimbursed at the rate of 60.0 cents per kilometre.

 

f)          Distant Sites (Living Away From Home Allowance) (where applicable) For the purpose of this clause a "distant site" is one where the location of the work is such that because of its distance or because of the travelling facilities available to and from the location, it is necessary for an employee to live and sleep at some place other than their usual place of residence.

 

When an employee is sent, other than at their own request, to work at a distant site, as defined in this subclause, the employer may elect to: -

 

i.           Provide the employee with reasonable board and lodging (one person per room unless otherwise agreed) in a well-kept establishment with a single allowance for total meals of $55.00 per day. In exceptional circumstances the Company will agree to reimburse reasonable additional meal costs upon presentation of receipts, or

 

ii.          Pay the employee an allowance of $364.61 per seven-day week but such allowance shall not be wages. In the case of broken parts of the week occurring the allowance shall be $72.92 per day.

 

g)         Clothing and Footwear Issue

 

AIS will issue a total of Five sets of work clothes (overalls or shirt/trouser combination) upon successful completion of a 12 week probationary period and 3 sets annually thereafter in June. The clothing is to be maintained in a clean and presentable standard and is supplied solely for use on company business. It is expected to be worn at all times when on AIS business and will be replaced on a fair wear and tear basis upon return to the company.

 

AIS will pay $156.75 as an allowance annually on the anniversary date of the EBA each year for the employee to purchase two pairs of safety footwear. A winter jacket or jumpers to the equivalent value will be issued every second year subject to AIS’ performance against budgeted performance relating to personal protective equipment (PPE).

 

20.  Provision of Additional Tools

 

AIS shall provide tradespeople with all necessary power tools, special purpose tools and precision measuring instruments for use on Company business.

 

A Tradesperson shall replace or pay for any such tools or equipment lost or damaged through employee negligence.

 

21.  Payment of Wages

The pay week shall start and finish at 7.20am Sunday. Wages shall be paid directly into employees' accounts (up to two accounts) at a bank or Credit Union by Electronic Funds Transfer. This payment shall be made into the employee’s bank on the Thursday following the finish of the pay week provided the employee has lodged his timesheet with AIS by 3.20pm on the Monday immediately after the finish of the pay week. AIS will endeavour to make pay dockets available to the employee at his nominated place of employment by close of business by the Wednesday immediately after the finish of the pay week.

 

22.  Contract of Employment

 

a)         Weekly Employment

 

Except as provided elsewhere in this clause employment shall be by the week. Any employee not specifically engaged as a casual or flexible hire employee shall be deemed to be employed by the week.

 

b)         Flexible Hire Employment

 

i.           At the discretion of AIS, Employees may be specifically engaged under this clause as flexible hire employees which shall mean persons engaged to work on, and be paid for, the days required by AIS.

 

ii.          A flexible hire employee shall be entitled to a minimum of four hours of work for every day they are required by AIS to report for work and provided they have confirmed the day before that they were required. In the event that a flexible hire employee is discharged for misconduct or is absent from work, or commences work late (except where otherwise provided herein) they shall be paid only for time actually worked.

 

iii.         An employee may be given 1 months notice of reclassification from Flexible Hire Employment to Weekly Employment. A loading of 5% on the weekly base rate shall be paid to flexible hire employees as compensation for this pattern of employment.

 

c)         Casual Employment

 

i            Employees may be specifically engaged by the hour as casual employees under this subclause.

 

ii.          A casual employee for working ordinary time shall be paid per hour one thirty eighth of the appropriate weekly base rate, plus 20 per cent loading, in addition to other appropriate allowances provided for by this Award, but such loading shall not form part of the ordinary remuneration for the purposes of the Annual Holidays Act 1944 and the Long Service Leave Act 1955.

 

iii.         Casual employees shall be engaged for a minimum period of four hours.

 

d)         Standing Down of Employees

 

Notwithstanding anything elsewhere contained in this award, AIS shall have the right to deduct payment for any day or part thereof, during which an employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which AIS cannot reasonably be held responsible.

 

e)         Abandonment of Employment

 

i.           The absence of an employee from work for a continuous period exceeding three working days without the consent of AIS and without notification to AIS shall be prima facie evidence that the employee has abandoned their employment.

 

ii.          Provided that if within a period of seven days from the last attendance at work or the date of the last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of AIS that the employee was absent for reasonable cause, the employee shall be deemed to have abandoned their employment.

 

iii.         Termination of employment by abandonment in accordance with this sub-clause shall operate as from the date of the last attendance at work or the last days absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to AIS, whichever is the later.

 

f)          Time Keeping - Late Comers

 

Notwithstanding anything elsewhere contained in this award, periods of 15 minute increments shall be used by AIS for both time keeping for late comers and for the calculation of overtime.

 

g)         Absence from Duty

 

i.           An employee not attending for duty as required shall lose pay for the actual time of such non-attendance.

 

ii.          Any employee absent from work on either authorised or unauthorised leave will notify AIS of their intention to return to work the day prior to such return. An employee who fails to notify AIS of their intention to return to work the day prior to such return shall not be paid for that day if they report for work and a replacement has already been arranged.

h)         Termination of Employment

 

i            Notice of Termination by Employer

 

1)         In order to terminate the employment of a weekly or flexible hire employee the employer shall give to the employee the following notice:

 

 

In addition to the notice above, employees over 45 years of age at the time of the giving of notice and with not less than two years continuous service shall be entitled to an additional week’s notice.

 

2)         Payment in lieu of the notice prescribed in sub-paragraph (1) hereof 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.

 

3)         In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice had his or her employment not been terminated, shall be used.

 

4)         The period of notice in this clause shall not apply in the case of dismissal for 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 specific task or tasks.

 

5)         A weekly or flexible hire employee subject to summary dismissal (without having been subject to the disciplinary procedure in this Award) shall be afforded at least 48 hours notice of such dismissal at the rate otherwise received to allow discussions to proceed on the matter. Such notice may be served off work if the employer so directs and shall be without prejudice to the merits of the employer's or employee's position on the dismissal. In the case of flexible hire employees, they shall be paid for any prearranged working time falling within the 48 hours.

 

6)         For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by the Annual Holidays Act 1944.

 

ii           Notice of Termination by Employee

 

The notice of termination required to be given by an employee shall be the same as that required of AIS.

 

If an employee fails to give notice, AIS shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary rate of pay for the period of notice.

 

iii          Time Off During Notice Period

 

Where AIS has given notice of termination to a weekly employee, the employee shall be allowed 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 and will be offset against the employee termination entitlements.

 

iv         Statement of Employment

 

AIS shall, upon receipt of a request from a weekly or flexible hire employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee.

 

23.  Employees' Duties

 

It is a term and condition of employment that employees shall only become entitled to payment of the wage prescribed herein if they abide by the provisions of their contract of employment, this document and the following specific provisions: -

 

a)         Be ready, willing and able to perform such work, including shift work and overtime, as AIS shall require on the days and during the hours necessary for AIS to best meet their contractual and operational requirements; and

 

b)         Recognise the requirement of AIS to have an appropriate mix of classifications and skills during any hours of work; and

 

c)         Use any technology and safely perform any duties which are within the limits of the employee's skill, competence and training; and

 

d)         Work safely as a member of a team and take responsibility for all aspects of the job including all necessary recording and customer liaison; and

 

e)         Show commitment to, and cooperate in, measures designed to minimise the costs of protective clothing, tools, maintenance, consumables, costs generally, and

 

f)          Co-operate with the Company in implementing occupational health, safety and rehabilitation policies and programs and thereby contribute to the provision of a safe workplace and lower workers compensation/rehabilitation costs, and

 

g)         To pro-actively identify and participate in programs designed to:

 

Increase the opportunities to AIS and its employees,

 

Reduce costs.

 

24.  Hours of Work

 

The ordinary hours of work shall be 38 hours per week, 8 hours a day averaged over a 19 day four week cycle. Ordinary hours shall be worked at the discretion of AIS between 6.00am and 6.00pm Monday to Friday.  The ordinary hours of work shall be worked continuously except for prescribed breaks. Different employees may be working different hours within this spread on any given weekday.

 

Employees shall be entitled to a paid 10 minute morning break and an unpaid 30 minute lunch break each weekday, taken at a time to suit the day's work, provided that two breaks shall be taken each day and no employee shall be required to work for more than 5 hours without a break.

 

25.  Rostered Days Off

 

Rostered Days Off (RDO) accrued under this clause shall be taken on days agreed to by AIS and the employee concerned. RDO's may be accumulated up to a maximum of 20 days. Employees may be directed to use any day or days accumulated in excess of 5 days as an RDO provided notice is given to the employee the previous day.

 

26.  Shift Work

 

For the purposes of this clause:

 

"Shiftwork" means - shiftwork scheduled for five consecutive workdays or more.

 

"Afternoon Shift" means - any eight-hour shift finishing after 6.00pm and at or before midnight.

 

"Night Shift" means - any eight-hour shift finishing subsequent to midnight and at or before 8.00am.

 

"Rostered Shift" means - a shift of which the employee concerned has had at least 48 hours notice, or has otherwise agreed to work and may be up to 12 hours.  Any hours worked in excess of 8 hours will be paid as overtime.

 

a)         Shift Rosters

 

Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

b)         Variation of Shifts

 

The time of commencing and finishing shifts once having been determined may be varied by agreement between AIS and the majority of employees concerned to suit the circumstances of the establishment or, in the absence of agreement, by 24 hours notice of alteration given by AIS to the employees.

 

c)         Allowances - Afternoon or Night Shift

 

i.           A shift worker, whilst on afternoon shift, shall be paid for such shift 30 per cent more than his ordinary rate for the first 8 hours worked each day. All hours worked in excess of the first 8 hours shall be paid as overtime.

 

ii.          A shift worker, whilst on night shift, shall be paid for such shift 50 per cent more than his ordinary rate for the first 8 hours worked each day.

 

All hours worked in excess of the first 8 hours shall be paid as overtime.

 

27.  Overtime

 

a)         Overtime

 

For all work done outside ordinary hours other than on a rostered shift, 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. For the purposes of this clause ordinary hours shall mean the hours fixed in accordance with relevant clauses within this award.

 

AIS may require any employee to work reasonable overtime (to meet the requirements of the business), at overtime rates and such employee shall work overtime in accordance with such requirement. The assignment of overtime by AIS to an employee or subcontractor shall be at the discretion of AIS and based on specific work requirements. The practice of "one in, all in" overtime shall not apply.

 

b)         Rest Period after Overtime

 

When overtime work is necessary it shall, whenever reasonably practicable, be so arranged that the employees have at least eight consecutive hours off duty between the work of successive days. Where this results in the employee commencing the next ordinary day or shift late it shall be without loss of ordinary time pay.

 

An employee who is requested to commence work without having had eight hours off duty shall be paid double time for time worked until given an eight hour break.

Notwithstanding this eight hour break entitlement, an employee who does not have a ten hour break shall, by way of compensation, be paid, at a flat rate calculated as the all purpose rate for a MSP 2 person/38 x 1.5 x 2.

 

c)         Call Back

 

An employee recalled to work overtime after leaving work shall normally be paid for a minimum of four hours work at the appropriate rate for each time recalled. However, an employee who has been recalled, if recalled again on a subsequent occasion within the four hour period, shall receive a four hour minimum payment for the subsequent call out, but the earlier call out payment shall not extend beyond the point of the subsequent call out commencing.

 

This subclause shall not apply where overtime is continuous with the completion or commencement of ordinary working time.

 

Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause (b) of this clause when the actual time worked is less than three hours on such recall or on each of such recalls.

 

d)         Overtime Meal Breaks

 

An employee who works at least one and a half hours and no more than four hours overtime straight after working ordinary hours shall be allowed a meal break of 20 minutes without loss of pay, to be taken during that period at a time to suit work in hand.

 

Where such overtime exceeds four hours but is no more than eight hours (including meal breaks), the above break shall be taken as well as a further 20 minute meal break, taken without loss of pay, between the fourth and sixth hour of overtime.

 

e)         Meal Allowance

 

An employee required to work for at least one and a half hours overtime and who was not notified at least 16 hours prior to such overtime, shall be paid a meal allowance of $10.00 for each meal break entitlement under subclause (d) during the period of overtime.

 

28.  Holidays and Weekend Work

 

a)         Public Holidays

 

An employee, other than a casual employee, shall be entitled to public holidays as follows:

 

New Years Day

 

Australia Day

 

Good Friday

 

Easter Saturday (see subclause (b))

 

Easter Monday

 

Anzac Day

 

Queen's Birthday

 

Eight Hour Day or Labour Day

 

Steel Industry Picnic Day

 

Christmas Day

 

Boxing Day

 

or such other day as is proclaimed in a locality as a substitute for any of the said days respectively.

 

Where additional days are proclaimed as public holidays for employers in that locality, employees covered by this Award who are employed in that locality shall be entitled to such additional public holidays.

 

Any of the above listed public holidays may be substituted for another day by agreement between AIS and an employee and in such a case the original day shall be an ordinary working day for that employee.

 

b)         Public Holidays not worked

 

All employees shall be entitled to take public holidays without loss of pay.

 

Provided that this subclause means where a public holiday falls on a weekend and no alternative weekday is proclaimed (eg Easter Saturday), an employee shall not be entitled to any payment in respect of that holiday unless hours are worked on the holiday.

 

c)         Public Holidays Worked

 

All work performed on public holidays shall be paid at the rate of double time and a half.

 

d)         Holidays - Absence on Working Day Before or After

 

Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of AIS, the employee shall not be entitled to payment for such holiday.

 

e)         Weekend Work

 

For all work performed on a Saturday an employee shall be paid at the overtime rates prescribed in this award except work commencing night shift to be paid at Sunday overtime rates All Sunday work will be paid at double ordinary time rates of pay except work commencing from night shift to be paid at the overtime rates prescribed in this award for Monday work.

 

f)          Minimum Payment

 

Employees required to work on a Saturday, Sunday or public holiday shall be afforded at least four hours work or paid for four hours work at the appropriate rate except where such overtime is continuous with overtime commenced on the previous day.

 

29.  Sick Leave

 

a)         An employee, other than a casual employee (as defined) who is absent from work on account of personal illness, or on account of injury by accident, other than that covered by workers' compensation, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

i.           Within 8 hours of the commencement of such absence, they must inform AIS of their 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.

 

ii           The employee shall satisfy AIS that the employee was unable on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

iii          All employees shall accrue sick leave on a pro rata basis to be based on normal time hours worked and approved leave time taken up to a maximum of 10 days per year

 

b)         An employee, who has had two single days sick leave absence in one year, must produce a doctor's certificate for any further single day absences in the year. This provision does not limit the right of AIS to be satisfied of an employee's sickness on any sick leave claimed in accordance with paragraph (a)(ii) above, including the first two single days absence each year.

 

c)         Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (a)(iii)) hereof, which has in any year, not been allowed to an employee by AIS as paid sick leave, may be claimed by the employee and subject to the conditions herein before prescribed shall be allowed by AIS in a subsequent year without diminution of the sick leave prescribed in respect of that year.

 

Provided that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of twelve years, but for no longer, from the end of the year in which it accrues.

 

State Personal/Carers Leave Case - August 1996. Refer Legislation.

 

30.  Income Protection Insurance

 

Employees engaged to work under this Award will be provided with Income Protection Insurance subject to the following:

 

i)          A qualifying period of 14 days will apply to all Employees; and

 

ii)         The Employee will be entitled to insurance coverage as dictated by qualifications and exemptions detailed in the insurance policy; and

 

iii)        The insurance cover and benefits payable will be applied to a maximum of 75% of the Employees base wage (Clause 18) for a maximum period of up to 2 years.

 

AIS will contribute up to 1.25% of an Employees base wage to an income insurance plan, subject to the following;

 

1           in the event that the claims experience requires a review of the insurance plan, the adjustment will be made to the plan and not to the insurance premium paid/payable by AIS.

 

2           Anyone accessing the insurance plan agrees to participate in the rehabilitation program, which includes assessment by an AIS nominated medical services provider and the acceptance and implementation of that assessment.

 

3           Other than administration issues and disputes the Employee will liase directly with the insurance provider and will resolve their own issues directly with the provider.

 

31.  Disciplinary Procedure

 

The objectives of this procedure are to promote improvement in individual performance where necessary through consultation, cooperation and discussion.

 

The following four stage counselling procedure shall apply at AIS: -

 

i.           Counselling

 

ii.          First Written Warning

 

iii.         Final Written Warning

 

iv         Termination

 

a)         Counselling

 

Counselling for minor breaches of duty by an employee, or breaches of AIS standards by an employee, will be handled by the immediate supervisor. Counselling sessions will be conducted in private and include a clear explanation of the problem, why it is a problem and what is expected in the future. A record of the counselling session will be made as a diary note by the counsellor. Employees may be referred to outside agencies for additional/specialist counselling.

 

b)         First Written Warning

 

First warnings for serious and/or recurring infractions will be handled by the immediate supervisor or relevant manager. First warnings will include a full opportunity for the employee and AIS to explain their respective positions and a discussion on what is expected in the future. The employee is entitled to be represented at the warning interview.

 

c)         Final Written Warning

 

Final warnings for serious and/or recurring behaviour of an unacceptable kind will be handled by either the immediate supervisor or senior management. Final warnings will include a full opportunity for the employee and AIS to explain their respective positions and a statement of the sort of behaviour required in the future. Final warnings are notice to an employee that further behaviour of an unacceptable kind will lead to termination. The employee is entitled to be represented at the warning interview.

 

Note: All formal warnings (first and final) will be formally recorded by the person conducting the interview, signed by the employee concerned (if agreed) and by a witness. A copy will be provided to the employee concerned and a copy kept on their personnel file.

 

d)         Termination

 

Termination of employment in accordance with this procedure may occur, after a careful investigation of all the facts, either with or without notice depending on the severity of the offence

 

32.  Disputes Settlement Procedure

 

The objectives of this procedure are:

 

To promote the resolution of disputes by measures through consultation, cooperation and discussion,

 

To eliminate industrial confrontation and

 

To eliminate interruptions to or stoppages of work resulting in lost wages and production.

 

To identify and resolve issues, problems, questions, disputes, difficulties or concerns at all times at the local level ie between the relevant personnel and the immediate team leader/supervisor.

 

The Partners agree that if the need arises to activate this procedure that other AIS business units other than BSL will not be affected by issues that are in dispute. The Employees will continue to perform tasks that the client/s deem critical or of an essential nature, such as but not limited to:

 

a)         Redler Environmental vacuuming;

 

b)         Road Sweepers Environmental

 

c)         Standby and safety persons

 

d)         Liebherr operation

 

It is agreed that AIS activities on the BSL site are of an essential nature and interruptions will affect both the AIS business as a whole and also the employment security and opportunities for the employees. As a result the following four-stage procedure for avoiding industrial disputes shall apply at Allied Industrial Services.

 

a)         Discussions between the employee/s concerned and the team leader and/or supervisor. If this does not resolve the dispute then;

 

b)         Discussions involving the employee/s concerned, their nominated representative and more senior management. If this does not resolve the dispute then;

 

c)         Discussions involving the nominated employee representative, senior management, and a representative from the union. If this does not resolve the dispute, then;

 

d)         Referral of the matter to the NSW Industrial Relations Commission.

There shall be a commitment by the parties to adhere 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. Throughout all stages of the procedure all relevant facts shall be clearly identified and documented.

 

Sensible time limits shall be allowed for the completion of the various stages of the discussion. If the negotiation process is exhausted without the dispute being resolved, the parties may jointly or individually refer the matter to the NSW Industrial Relations Commission for conciliation and/or arbitration.

 

While this procedure is being followed normal safe work will continue and the parties will eliminate stoppages of work, lockouts or any other bans or limitations on the performance of work as AIS activities are of an essential nature.

 

33.  Jury Service

 

A weekly or flexible hire employee required to attend for jury service during ordinary working hours shall be reimbursed by AIS an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wages they would have received in respect of the ordinary time, the employee would have worked had they not been on jury service. An employee shall notify AIS as soon as practicable of the date upon which he/she is required to attend for jury service, and shall provide to AIS proof of attendance, the duration of such attendance, and the amount received in respect thereof.

 

34.  Redundancy

 

a)         Discussion Before Terminations

 

i.           Where AIS has made a definite decision that it no longer wishes the job a flexible hire or weekly employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment of 15 or more persons, AIS shall hold discussions with the employees directly affected and with their union.

 

ii.          The discussions shall take place as soon as is practicable after AIS has made a definite decision consistent with paragraph (a)(i) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

iii.         For the purposes of the discussion AIS shall, as soon as practicable, provide in writing to the employees concerned and their union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. AIS shall not be required to disclose confidential information the disclosure of which would be against AIS's commercial interest.

 

b)         Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a)(i) hereof the employee shall be entitled to the same period of notice of transfer they would have been entitled to if his or 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 of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

 

c)         Severance Pay

 

In addition to the period of notice prescribed for ordinary termination an employee, other than a casual, whose employment is terminated for reasons set out in paragraph (a)(i) hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

 

For all employees a weeks pay shall mean the average weekly working and approved leave time over the period of employment not being more than 38 hours per week

 

d)         Employee Leaving During Notice

 

An employee whose employment is terminated for reasons set out in paragraph (a)(i) hereof may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he or she remained with AIS until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

e)         Alternative Employment

 

Where possible and practicable AIS will endeavour to assist redundant employees to obtain acceptable alternative employment.

 

f)          Time Off During Notice Period

 

Refer to this award.

 

g)         Notice to Centrelink

 

Where a decision has been made to terminate employees in the circumstances outlined in paragraph (a)(i) hereof, AIS shall notify in writing the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

h)         Transmission of Business

 

AIS will comply with the relevant legislation with regard to Transmission of Business.

 

i)          Employees with Less Than One Year's Service

 

This clause shall not apply to employees with less than one year's continuous service and the general obligation on AIS should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

j)          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.

 

35.  Annual Leave

 

a)         Refer Annual Holidays Act 1944.

 

b)         Annual Leave Loading of 17.5% shall be paid to weekly and flexible hire employees.

 

36.  Long Service Leave

 

The provisions of the Long Service Leave Act 1955(NSW) shall apply.

 

From the 1st January 2006 the AIS will commence accruing Long Service Leave benefits for Employees at the rate of 1.3weeks accrual for each year of service thereafter. Any accrual up to and including 31 December 2005 will be at the current rate of 0.8667 weeks for each completed year of service. Entitlements become available in accordance with the Act.

 

37.  Parental Leave

 

AIS will refer to the NSW Industrial Relations Act 1996.

 

38.  Bereavement Leave

 

a)         An employee, on the death within Australia of their spouse, parent, brother, sister or child, shall be entitled on notice to leave up to and including the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two days of ordinary time work.

 

b)         Proof of such death shall be furnished by the employee to the satisfaction of AIS. Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.

 

For the purpose of this clause "spouse" shall include a person who lives with the employee as a de facto spouse, and "parent" and "child" shall include a step or foster parent or child.

 

39.  Personal Carers Leave

 

a)         Use of Sick Leave

 

(i)         An employee other than a casual employee, with responsibilities in relation to a class of person set out in (iii)(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 29 - 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.

 

(ii)        The employees shall, if required, establish 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.

 

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

 

(1)        the employee being responsible for the care and support 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), 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:

 

(a)        "relative" means - a person related by blood, marriage or affinity;

 

(b)        "affinity" means - a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(c)        "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 their 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.

 

b)         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 (iii)(2) above who is ill.

 

c)         Annual Leave

 

(i)         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.

 

(ii)        Access to annual leave, as prescribed in paragraph (i) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(iii)       An employee and employer may agree to defer payment of the annual leave loading in respect of agreed single day absences, until at least five consecutive annual leave days are taken.

 

d)         Make-Up Time

 

(i)         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.

 

(ii)        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.

 

e)         Rostered Days Off

 

(i)         An employee may elect, with the consent of the employer, to take a rostered day off at any time as agreed under Clause 23 Rostered Days Off.

 

(ii)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

40.  Superannuation

 

As part of this Award, AIS shall make contributions to an approved superannuation fund which complies with the Superannuation Guarantee Charge Act and Regulations. AIS will make contributions on behalf of each eligible Employee as defined in the regulations. The level of AIS contributions will be as specified in the Superannuation Guarantee Charge Act and Regulations and as varied from time to time. All superannuation contributions will be based on a Employee’s ordinary time earnings.

 

ADDITIONAL SUPERANNUATION CONTRIBUTIONS BY SALARY SACRIFICE

 

If a Employee wishes to make an additional contribution to their superannuation, the Employee may voluntarily elect to contribute a proportion of their wages on a salary sacrifice basis and have that amount remitted to their nominated superannuation fund. To do this, an Employee is required to notify AIS in writing and providing details and authorisation. When AIS has received this, then AIS will deduct the authorised amount from the Employee’s pay and remit it to their superannuation fund.

 

CO- CONTRIBUTIONS

 

The option for a co-contribution arrangement for superannuation will be available at the election of the Employee from 1 July 2005.

 

From 1 July 2005 where an Employee makes a minimum 3% voluntary contribution, then AIS will contribute an additional 1% making a total AIS contribution of 10%.

 

From 1 July 2006, again at the Employee’s election. The Employee may make a further contribution of 1% (4% total), then AIS would increase its contribution by 1% making a total AIS contribution of 11%.

 

If the Employee elects to make a further contribution of 1% (5% total), then AIS would increase its contribution by 1% making a total AIS contribution of 12%.

 

The table below sets out what the superannuation contribution will be if the Employee elects to make an additional salary sacrifice contribution to their superannuation:

 

 

41.  No Extra Claims

 

This Award is made in full and final settlement of all claims with respect to wages and conditions of employment at AIS and the parties to this Award shall not pursue any extra claims with respect to wages or conditions of employment for the life of this Award.

 

42.  Minimum Wage

 

This award, in so far as it fixes rates of wages, is made by reference and in relation to a minimum wage for adults of $431.40 per week.

 

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.