REFINERY OPERATORS SHELL REFINING (AUSTRALIA) PTY LTD AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Shell Refining
(Australia) Pty Limited for a new award and another matter.
(Nos. IRC 2700 and 3126 of 2000)
Before the Honourable Justice Marks
|
22 February 2001
|
AWARD
Scheme of Arrangement
Part
1. ¾ Application and Operation of Award
1.1 Definitions
1.2 Coverage
of Award
1.3 Commencement
Date and Term of Award
1.4 Review
of Award
Part 2 ¾
Dispute Resolution
2.1 Dispute
and Grievance Procedure
Part 3. ¾-
Employment Relationship and Duties
3.1 Contract
of Employment
3.2 Process
Maintenance and Associated Matters
3.3 Refinery
Operator Classifications
3.4 Refinery/Gore
Bay Terminal Operator Job Training
3.5 Category
Structure
Part 4. - Annualised Salary and Related
Matters
4.1 Annualised
Salary (Wages)
4.2 Superannuation
Treatment of Annualised Salary
4.3 Payment
Of Wages
4.4 Overtime
4.5 Flexible
Hours Allowance
4.6 Clyde
Miscellaneous Allowance
4.7 First
Intervention Team Allowance
4.8 Mixed
Functions
4.9 Transport
Of Employees
4.10 Day
Shiftworkers
Part 5. ¾
Hours of Work
5.1 Standard
Hours
5.2 Rosters
5.3 Day
Shiftworker Roster and Hours
5.4 Rest
Periods (Ten Hour Break)
Part 6. ¾
Leave
6.1 Annual
Leave
6.2 Sick
Leave
6.3 Long
Service Leave
6.4 Bereavement
Leave
6.5 Parental
Leave
6.6 Personal/Carer’s
Leave
6.7 Jury
Service
6.8 Public
Holidays
Part 7 ¾
Union Matters
7.1 Right
Of Entry
7.2 Union
Delegate
7.3 Notice
Board
7.4 Union
Business
7.5 Union
Training
7.6 Time
in lieu
7.7 Payroll
Deductions
Part 8.¾-
Gore Bay Terminal Operations
8.1 Boiler
Operation
8.2 Ship
Connections and Disconnections
8.3 Fourth
Operator
8.4 Wharf
Watch
8.5 Shore
Officers
8.6 Training
and Development
8.7 Relief
Shore Officer Payments
Part 9. ¾
Leave Reserved
Part
1. ¾
Application and Operation of Award
1.1 Definitions
"Company"
means Shell Refining (Australia) Pty Ltd at Clyde Refinery, Granville and at
Gore Bay Terminal.
"Continuous
shift worker" means an employee engaged under this award on a continuous
shift roster.
"Day
shift worker" is an employee employed under this award engaged on a nine
day fortnight basis attracting shift penalties and other entitlements as if a
continuous shift worker.
"First
Intervention Team (FIT) member" means an employee engaged under this award
who volunteers to participate in emergency responses for the term of this
award.
"Operator"
means employees employed as Refinery and Gore Bay Terminal Operators.
"Parties"
means Shell Refining (Australia) Pty Ltd and the Construction, Forestry, Mining
and Energy Union (NSW Branch)
"Plant
Controller" is a day staff position not subject to this award.
"ROG"
means Refinery Operator Group represented by duly elected delegates of the
union.
"Shift
Controller" is a shift staff position not subject to this award.
"Shore
Officer" is a shift staff position at the Gore Bay Terminal not subject to
this award.
"Union"
means the Construction, Forestry, Mining and Energy Union (NSW Branch).
1.2 Coverage of Award
This
award binds Shell Refining (Australia) Pty Ltd, the Construction, Forestry,
Mining and Energy Union (NSW Branch) and employees of Shell Refining
(Australia) Pty Ltd employed at the Clyde Refinery and Gore Bay Terminal as
Refinery Operators.
a) who are members of the CFMEU; and
b) who are covered by the classifications
set out in clauses 3.3 and 3.5 of this award.
1.3 Commencement
Date and Term of Award
1.3.1 This award rescinds and replaces the Shell
Refining (Australia) Pty Ltd Award 1996 published 12 September 1997 (300 IG
1316) and all variations thereof.
1.3.2 It shall take effect from 1 July 2000 and
shall remain in force thereafter until 30 November 2002.
1.3.3 It is a term of this award that the parties
shall make no extra claims unless pursued under the mechanisms provided for
within this award.
1.4 Review of Award
Not
later than 1 September 2002 negotiations will commence for the renewal or
otherwise of this award.
Part
2. ¾ Dispute Resolution
2.1 Dispute and Grievance Procedure
Subject
to the Industrial Relations Act 1996
or any Act replacing that Act, any dispute or claim (whether any such dispute
or claim arises out of the operation of this award or not) as to the wages
and/or conditions of employment of any employee with regard to whom the company
is bound by this award and/or as to any other industrial matter pertaining to
the relations of the company (to whom this award applies) with employees (with
regard to whom the company is so bound) shall be settled in the undermentioned
manner:
2.1.1 The matter shall be first discussed between
the employee concerned and the immediate supervisor.
2.1.2 If not settled within a reasonable period
of time, for example, 7 days, the matter shall be further discussed between the
employee, the Union delegate and the employee's immediate supervisor.
2.1.3 If not settled the matter shall be further
discussed between the Union delegate and the Human Resources Department
representative of the company. For
matters of a serious nature, a Refinery Operators Group (ROG) meeting may be
convened by either party within seven days of settlement not being reached.
2.1.4 If not settled, the matter shall be further
discussed between the Union official, the ROG and the company.
2.1.5 If the matter is still not settled, it
shall be submitted to the Industrial Relations Commission of New South Wales
and its decision shall be final and shall be accepted by the parties.
It
is the intention of the parties that when the disputes procedure is invoked the
matter in dispute will be dealt with expeditiously and until the matter is
determined, work shall continue normally.
Where it is agreed between the parties that there is an existing custom,
work shall continue in accordance with that custom, but where there is no
agreement as to custom, the company's direction shall be accepted. No party shall be prejudiced as to final
settlement by the continuance of work in accordance with this subclause.
Part
3. ¾ Employment
Relationship and Duties
3.1 Contract
of Employment
3.1.1 To become
entitled to payment in accordance with this award an employee shall perform
such work as the company shall, from time to time, require on the days and
during the hours usually worked by the class of employees affected.
3.1.2 An employee not
attending for duty shall lose pay for the actual time of such non-attendance
except where such absence is authorised.
3.1.3 Employment
shall be terminated by a month's notice on either side, given at any time
during the month, or by the payment or forfeiture of a month's wages, as the
case may be. This shall not affect the
right of the company to dismiss any employee without notice for neglect of duty
or misconduct, and in such cases wages shall be paid up to the time of
dismissal only.
3.1.4 It is a term
and condition of employment and of the obligations and rights accruing under
this award that an employee shall:
a) comply with
the orders of the company to work reasonable overtime at any time during the
seven days of the week at the appropriate remuneration prescribed herein,
provided that the question of what is reasonable overtime shall be determined
in relation to the individual employee concerned, having regard to the
particular circumstances at the time of the order by the company; and
b) use the
appropriate protective clothing and equipment provided by the company for
specific circumstances; and
c) comply with
the company's directions to carry out work required for the safety of
personnel, equipment and product; and
d) become and
remain the holder of any certificates at company expense which are required by
law to be held by a person performing the duties which the company allocates to
the employee from time to time; and
e) undertake
responsibilities associated with first aid and emergency response activities as
agreed between the parties which are fully comprehended in the wage rates
provided in Table 1 of the Award. All Operators will maintain current first aid
qualifications at company expense.
3.1.5 Probation
Period
A new employee shall be regarded as probationary for the
first three months of their engagement. After an assessment of the employee by
the company during the three months, the employee may be:
a) required to
complete the probationary period and then confirmed in the position for which
the employee was engaged, or
b) given notice
of termination of service in accordance with Clause 3.1.3.
c) prior to any
notice being given to a probationary employee the company shall discuss the
matter with the ROG/CFMEU and determine whether a further period of probation
is appropriate.
3.1.6 Refinery/Gore
Bay Terminal Operator Statement of Principle
Assignment by supervisors of tasks not associated with the
prime operating job in any particular circumstances will be limited naturally
by the following criteria:
a) They will be
associated with the process to which the Operator is engaged.
b) They will be
capable of being completed within a relatively short time or of being
interrupted or left unattended so as not to distract the Operator from their
prime functions.
c) If tools are
involved, these will be simple in their utilisation and the task will be
relatively simple and within the ability of the Operator.
d) In the
assignment of these tasks, an attempt will be made to achieve what is
reasonable and a common sense attitude should prevail. Factors requiring consideration would
include, for example:
i) the time
available for the performance of the task;
ii) the
Operator’s ability to perform the tasks;
iii) the
availability of the equipment appropriate to the performance of the task.
3.2 Process
Maintenance and Associated Matters
3.2.1 Process
Maintenance
The functions and responsibilities of all operators include
the clean, safe and effective operation at all times of refining plant and
associated equipment; the evaluation of equipment performance and process
conditions; the execution of running adjustments and minor repairs consistent
with safe and effective operation; the preparation (including the proper
isolation) of equipment for maintenance; the use of hand tools (such as
spanners, wheel keys, wrenches and screw drivers) and of appliances (such as
gas testing and laboratory testing equipment, portable thermometers) as may be
necessary or incidental to the performance of operating functions.
Without limiting the generality of the foregoing, repairs
and adjustments involving use of hand tools, will include the following:
a) Remove and
replace small valves, plugs and fittings as used for bleeds, drains, vents and
sample connections. (Spades not included).
b) Connect/disconnect
flexible hoses for use in cleaning, smothering leaks and heating lines.
c) Connect/disconnect
fittings to educt chemicals from containers.
d) Connect/disconnect
hoses on lube oil dispensing bars.
e) Remove
insulation to expose leaks, drains where easily accessible and removable.
f) Remove and
replace pressure gauges.
g) Monitor, drain
and change oil in equipment as required.
h) Adjust and
lubricate glands on valves, cocks.
i) Connect/disconnect
screwed piping and standard fittings for temporary situations such as venting,
draining and steaming out arrangements.
Dismantle simple screwed piping. (Operators will not thread pipe).
j) Open, clean
and/or replace filters and screens in pipelines and equipment, up to 4"
diameter. Replace filters in lines
greater than 4" diameter, where fitted with V-lok closures.
k) Tighten
swagelok fittings on pipelines and equipment.
l) Isolate
streams and/or equipment by removing/replacing caps, plugs and blanks on
equipment and piping of diameters of up to and including 4".
m) Connect/disconnect
gas cylinder to manifolds.
n) In an
emergency, take reasonable action necessary to protect personnel, plant,
equipment and product (eg. fit pipe clamps on leaks).
o) Perform any
other similar task not involving the application of the general trade
experience of recognised tradesmen.
3.2.2 Illustrative
Examples of Associated Tasks
a) Use chemical,
mechanical or steam cleaning devices as necessary.
b) Install
stick-on signs or stencil information on pipelines and equipment.
c) Operate
assigned vehicles and mobile equipment.
d) Connect/disconnect
hoses to equipment (eg. pumps, compressors) and delivery vehicles.
e) Rack up all
types of hoses used in the performance of associated tasks.
f) Connect
portable electric leads as required.
g) Attend to all
equipment lubrication and lubricating devices, grease valves and cocks, clean
lube oil centrifuges, filters.
h) Clean plugged
or fouled pipelines, drains by -
i) wrapping with
steam hoses,
ii) adding
detergent or chemicals,
iii) mechanical
rodding in simple cases.
i) Where easily
accessible and on a "first aid" basis, apply "band aid"
devices to leaks.
j) After
appropriate training, use explosimeters as an additional safety aid and as
supplementary to existing procedures.
k) Generally
taking such reasonable action as may be necessary to make a plant area safe,
eg. erecting a simple barrier.
l) On plant
plots, handle and store materials and/or chemicals.
m) Use installed
or other lifting devices as are available to aid the performance of a Refinery
Operator's duties.
3.2.3 Team Concept
of Operation
a) It is accepted
that an operator(s) on shift will assist outside their assigned area of
designated responsibility (workload permitting) if they have the knowledge,
ability and experience of the plant in question, however, the following
guidelines will apply:
the operators primary responsibility is to the plant area
they have been assigned to
that the particular jobs that are assigned to them outside
their designated area (plant) can be left at any time to return to their
designated area (plant), should the operational need arise.
Senior Operators will allocate operators to areas (plants)
as required. This will require
judgement by the Senior Operator as to priorities, planning and the use of
available resources.
Where a call in may be required, the Senior Operator should
consult with the Shift Controller to ensure that both the Shift Controller and
the Senior Operator have all the required information to make an optimum
decision with respect to resource allocation.
b) Laboratory
Testing - Operators to perform testing on plants in addition to tests performed
currently:
Distillation
Specific Gravity
Boiler Chemistry
Cloud Point
Colour
Viscosity
RSH
Titration
3.3 Refinery
Operator Classifications
3.3.1 General
Description
a) Senior
Operator
An employee appointed as such by the Company who is
qualified, capable and willing to perform all operator duties on an assigned
complex and is responsible for safely and efficiently controlling such complex
under the general supervision of a Shift Controller.
b) Relief Senior
Operator
An employee appointed as such by the Company who is
qualified, capable and willing to perform safely and efficiently any duties
associated with the process or equipment on an assigned complex as required by
a Senior Operator or Shift Controller under general supervision as necessary.
The Relief Senior Operator is to relieve the Senior Operator
as required.
c) Rover
An employee appointed as such by the Company who is
qualified, capable and willing to perform safely and efficiently any duties
associated with the process or equipment on an assigned complex as required by
a Senior Operator or Shift Controller under general supervision as necessary.
d) Panel Operator
An employee appointed to the position who is qualified and
capable of carrying out the operation of a panel/s within the section. Panel operators can operate a designated
panel/s within operations.
e.g. Process West Panel 1 (utilities)
Panel
2 (CDU)
Process East Panel (CCU)
Day
Panel
e) Panel
Component Operator
An employee working under the supervision of a Shift
Controller, Senior Operator or Rover, who is qualified, capable and willing to
perform safely and efficiently such duties as are required by the Company
associated with the process or equipment on an assigned complex.
f) Plant
Operator
An employee who is qualified, capable and willing to perform
safely and efficiently any duties associated with the process or equipment on
an assigned complex as required by a Senior Operator or Shift Controller under
general supervision as necessary
g) Trainee
Operator
An employee undergoing the necessary orientation and
training to enable safe and efficient performance as an operator.
3.3.2 Duties and
Responsibilities
The following lists summarise the duties and
responsibilities of operators. These
duties and responsibilities include but are not limited to the items listed.
a) Common Duties
& Responsibilities:
i) Safe, clean
and effective operation at all times of refining plant and associated equipment
and according to instructions issued by the Company through its supervisors.
ii) Evaluation
and reporting (verbally, written and through computer) of equipment performance
and process conditions.
iii) Execution of
running adjustments and minor repairs consistent with safe and effective
operation.
iv) The
preparation and isolation of equipment for maintenance.
v) The use of
hand tools and equipment as necessary or incidental to the proper performance
of operating functions. This will include spanners, wheel keys, wrenches and
screw drivers, motor vehicles, forklift trucks, gas testing and laboratory
testing equipment, portable thermometers.
The repairs and adjustments which operators, using hand tools may make
are set out in 3.2.1 above. For
guidance, illustrative examples of associated tasks are set out in 3.2.2 above.
vi) Is required to
be familiar with all manuals, instructions and schedules associated with
safety, operating and training relevant to the complex.
vii) Is responsible
for ensuring the safe operation of the assigned area including the conduct of
visitors to the plant and contractors working in the area.
viii) Is required to
relieve in lower category jobs commensurate with knowledge, ability and
experience and expected to undertake training as necessary to perform the
duties as assigned by the Company commensurate with knowledge, ability and
experience.
ix) Perform
sampling and testing of process variables and equipment.
x) Minor
administration tasks related to the job will be carried out as necessary.
xi) Operators
will obtain the necessary Workcover tickets stipulated in Workcover regulations
and as required by the Company.
xii) Laboratory
testing will be carried out and the team support concept of operation will
apply as specified in 3.2.3 above.
b) Plant
Operator:
i) Is
responsible to the senior operator on the complex for all aspects of the
operation of the plant to which the operator is assigned. Carries out the
instructions of Senior Operator and Rover as required.
ii) Liases
closely with panel operators on all aspects of the control of the process/plant
as required.
iii) Performs
process monitoring and process stream sampling as required.
iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
v) Is aware of
the requirement to operate to maximise yields and minimise fuel costs within
the constraints of product specification.
vi) Participates
in and trains other operators and trainees, commensurate with knowledge,
ability and experience.
c) Panel
Component Operator:
i) Carries out
the instructions of senior operators or panel operators as required.
ii) Is required
to have full knowledge of and be willing to relieve in all lower category jobs
on the complex.
iii) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
iv) Monitors
performance/operation of equipment via the ICS screens, and liaise with the
panel operator or senior operator as required.
d) Panel Operator
i) Co-ordinates
the work of other operators on the complex.
ii) Controls the
process through such means as are provided to produce products within
specification limits whilst maximising yields and minimising fuel costs.
iii) Carries out
the instructions of Senior Operators as required.
iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
v) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
e) Rover
i) Co-ordinates
the work of other operators on the complex.
ii) Controls the
process through such means as are provided to produce products within
specification limits whilst maximising yields and minimising fuel costs.
iii) Carries out
the instructions of Senior Operators as required.
iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
v) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
f) Relief Senior
Operator
i) Co-ordinates
the work of other operators on the complex.
ii) Controls the
process through such means as are provided to produce products within
specification limits whilst maximising yields and minimising fuel costs.
iii) Carries out
the instructions of Senior Operators as required.
iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
v) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
vi) Relieve the
appointed Senior Operator when required.
g) Senior
Operator:
i) Directs and
co-ordinates the work of other operators on the complex.
ii) Interprets,
comments on and carries out the instructions of the Shift Controller.
iii) Monitors the
safety and efficiency of operation, quality of products and ensures reporting
and sampling are carried out as required.
iv) Administers
operator overtime and leave.
v) Liases with
other units and complexes as required.
vi) Is required to
follow and to have full knowledge of all manuals, instructions and schedules
associated with safety, operating and training relevant to the complex.
vii) Ensures that
the operators on the shift are fully trained by administering training and
reporting to the appropriate staff supervisor the future requirements of the
shift.
viii) Requisitions
and accounts for all necessary process, operational and administrative
materials as required.
ix) Ensures that
plant and flare surveys are carried out as required.
x) Provides
assistance, advice and support to operators on the shift as necessary.
xi) Ensures that
plant safety equipment is checked regularly and any repairs, reordering or
maintenance is performed.
xii) Assists in
the co-ordination and planning of plant safety meetings.
xiii) Is expected
to attend senior operator meetings for the complex.
3.4 Refinery/Gore
Bay Terminal Operator Job Training
3.4.1 Aim
To provide an Operator training in the skills and knowledge
necessary to safely, competently and efficiently operate a section of the Refinery
with little to no assistance or supervision.
3.4.2 Scope
The Operator job training will consist of a combination of
theory and practical skills. The theoretical training will consist of a number
of modules on general topics e.g. H2S safety, HF acid, distillation and those
which are specifically job related e.g. pollution control, emergency procedures
etc. The theoretical and practical job training will be structured in that the
operator will be required to demonstrate and complete a number of tasks under
supervision. Many of the tasks associated with a particular job will be
developed "on the job" by peer training.
3.4.3 Training
The practical training will be carried out on shift and be
conducted by an experienced Operator on shift under the general supervision of
the Shift Senior Operator.
The Operator conducting the training on shift must have
completed a job assessment in the position for which the training is being
conducted.
The scope of the job being learnt and the experience of the
Trainee will determine the period of being doubled up with the Operator
training him/her.
An operator must successfully complete job assessment in one
job before moving on to another.
3.4.4 Time frame for
Training
In most cases it will be 168 hours doubled up although this
may be extended dependant on individual requirements.
It is important that during the 168 hours that continuity of
training be maintained as far as possible but could be broken if needed to
cover some short absence. However that time would be added onto the Operator’s
time of training.
A further period of consolidation of up to 560 hours where
the Operator will carry out the duties of the job under the supervision of the
Senior Operator only (This period will be referred to as going
"solo"). During this period the Operator will be progressively
assessed in all tasks and skills related to the position. This latter period is
discretionary and is dependant on the experience, ability and confidence of the
Operator.
3.4.5 Process
The shift Senior Operator should nominate the Operator/s for
training and should prepare a 12 month plan and discuss the shift training with
the Shift Controller and the Plant Controller.
Prospective Trainee’s should be made aware of future
training plans relating to themselves.
3.4.6 Job Knowledge
Assessment
At the completion of the going solo" period the
Operator should have signed each page of the Tasks and Skills booklet
indicating that they consider themselves able to perform the duties relevant to
the job competently and safely.
The Senior Operator will discuss and agree or not that they
are satisfied with the operators knowledge or whether further training is
required by going through the Tasks and Skills book.
In order to ensure equivalent standards are applied across
all shifts, the Plant Controller will carry out a final assessment. The final
assessment is not expected to be an in-depth evaluation of the Operator’s
knowledge but rather confirmation that the training and evaluation process has
achieved its aims.
When the assessment has been successful the Plant Controller
will initiate the relevant paperwork and forward it to the Pay Office and the
Shift Controller.
3.5 Category
Structure
PROCESS
|
PROCESS
|
MOVEMENTS
|
GORE BAY
|
LEVEL
|
EAST
|
WEST
|
|
|
|
|
Senior Operator
|
Senior Operator
|
|
|
9
|
|
|
|
Senior Operator
|
Senior Operator
|
8
|
|
Relief Senior
|
Relief Senior
Operator
|
|
|
7
|
|
Operator
|
|
|
|
|
|
|
|
Relief Senior
Operator
|
Relief Senior
|
6
|
|
|
|
|
Operator
|
|
|
Rover/Panel
|
Rover/Panel
Operator
|
Panel Co-Ordinator
|
|
5
|
|
Operator
|
|
|
|
|
|
Panel Component
|
Panel Component + 1
|
Panel Component
|
Rover
|
4
|
|
|
Process Job
|
|
|
|
|
2 Additional
|
2 Additional
Process
|
Additional Process
+
|
Term.Operator/
|
3
|
|
Process Jobs
|
Jobs
|
Movements Jobs
|
Boilers
|
|
|
|
|
CDU or LPG
|
|
|
|
|
|
|
|
|
|
1 Process Job + 1
|
1 Process Job + 1
|
1Movements + 1
|
Shipping/ Wharf
|
2
|
|
Movements
|
Movements
|
Process
|
|
|
|
(Pumphouse No.
|
(Pumphouse No.1)
|
CDU Or LPG
|
|
|
|
2)
|
|
|
|
|
|
Trainee
|
Trainee
|
Trainee
|
Trainee
|
1
|
|
|
|
|
|
|
|
|
|
The requirements for progression through the classification
structure shall be:
LEVEL
|
PROGRESSION
|
PROGRESSION
|
PROGRESSION
|
PROGRESSION
|
|
EAST
|
WEST
|
MOVEMENTS
|
GORE BAY
|
1
|
Commencement
|
Commencement
|
Commencement
|
Commencement
|
2
|
Must complete job
|
Must complete job
|
Must complete job
|
Must complete job
|
|
assessment on one
|
assessment on one
|
assessment on one
|
assessment on
|
|
PE outside and one
|
PW outside and one
|
Movements outside
|
Shipping/Wharf
|
|
Movements outside
|
Movements outside
|
and one process (PE
|
position.
|
|
position.
|
position.
|
or PW) outside
|
|
|
|
|
position.
|
|
3
|
Must complete job
|
Must complete job
|
Must complete job
|
Must complete job
|
|
assessment on three
|
assessment on three
|
assessment on two
|
assessment for
|
|
PE outside positions
|
PW outside positions
|
Movements outside
|
Terminal
|
|
and one Movements
|
and one Movements
|
positions and one
|
Operator/Boilers
|
|
outside position.
|
outside position.
|
outside position on
|
position.
|
|
|
|
PE & PW.
|
|
|
A two year minimum
|
A two year minimum
|
|
|
|
experience applies.
|
experience applies.
|
A two year minimum
|
|
|
|
|
experience applies.
|
|
|
Note: Job assessment
|
Note: Job assessment
|
|
|
|
on Alkylation outside
|
on Platformer outside
|
Note: Job assessment
|
|
|
position must be
|
position must be
|
on all Movements
|
|
|
completed before
|
completed before
|
outside positions
|
|
|
Panel Component
|
Panel Component
|
must be completed
|
|
|
training can
|
training can
|
before Panel
|
|
|
commence.
|
commence.
|
Component
|
|
|
|
|
assessment can
|
|
|
|
|
commence.
|
|
4
|
Must complete job
|
Must complete job
|
Must complete job
|
Must complete job
|
|
assessment on all PE
|
assessment on all PW
|
assessment on two
|
assessment for
|
|
outside positions, one
|
outside positions, one
|
Movements outside
|
Rover position.
|
|
Movements outside
|
Movements outside
|
positions, one PE and
|
|
|
position and Panel
|
position and Panel
|
one PW outside
|
|
|
Component position
|
Component position
|
position & Panel
|
|
|
|
|
Component position
|
|
5
|
BY APPOINTMENT
|
BY APPOINTMENT
|
BY
|
|
|
|
|
APPOINTMENT
|
|
|
Must complete job
|
Must complete job
|
|
|
|
assessment on all PE
|
assessment on all PW
|
Must complete job
|
|
|
outside positions, one
|
outside positions, one
|
assessment on two
|
|
|
Movements outside
|
Movements outside
|
Movements outside
|
|
|
position, Panel
|
position, Panel
|
positions, one PE and
|
|
|
Component position
|
Component position
|
one PW outside
|
|
|
and CCU Panel
|
and one Panel
|
position, Panel
|
|
|
position.
|
position (either CDU
|
Component position
|
|
|
|
or Utilities).
|
and Movements Co-
|
|
|
A four year
|
|
ordinator position.
|
|
|
minimum experience
|
A four year
|
|
|
|
applies.
|
minimum experience
|
A four year
|
|
|
|
applies.
|
minimum experience
|
|
|
|
|
applies.
|
|
6
|
BY APPOINTMENT
|
BY APPOINTMENT
|
BY
|
BY
|
|
|
|
APPOINTMENT
|
APPOINTMENT
|
|
Must complete job
|
Must complete job
|
|
|
|
assessment on all
|
assessment on all
|
Must complete job
|
Must complete job
|
|
lower level position
|
lower level position
|
assessment on all
|
assessment on all
|
|
and acting Senior
|
and acting Senior
|
lower level position
|
lower level
|
|
Operator position.
|
Operator position.
|
and acting Senior
|
position and acting
|
|
|
|
Operator position.
|
Senior Operator
|
|
|
|
|
position.
|
EXPLANATORY NOTES
1. The nominated
Senior Operator will be expected to fulfil the duties of the Senior Operator at
all times other than when absent from the shift eg. annual leave, sickness,
etc, refresher training on the panel or when a training acting senior operator
is consolidating in the position.
During the nominated Senior Operators absence any relief senior operator
acting in the Senior Operator position will be paid at acting senior operator
rates.
2. Where there
is more than one relief Senior Operator on a given shift, the relief senior
operator who covers the majority of the incumbent senior operator’s rostered
absence (i.e. annual leave, refresher training) will be paid acting Senior
Operator rates for their own annual leave in that calendar year.
3. Only one
relief Senior Operator on any given plant/shift will be paid acting Senior
Operator rates on their annual leave in any given calendar year.
4. Operators
move upwards in category level based on all job assessments completed at
present level, experience level and first job completed at higher level. Once operators move to a higher level they
must complete training/job assessment in all jobs at the new level.
5. Progression
through refinery outside positions, ie level 2 and level 3, does not require
jobs to be learnt in any specific order, as number of jobs learnt and
experience determines level movement, not what jobs are learnt. Plant operators progressing through level 2
jobs must learn one Movements job.
Movements operators progressing through levels 2 and 3 must learn at
least one process job at each level.
CCU - alkylation position must be learnt before panel
component
HVU - Platformer position must be learnt before panel
component
Movements - Movements outside jobs must be completed before
panel component assessment.
Operators employed as at 1st July 2000 will not have their
progression delayed because of a lack of opportunity to undertake cross plant
training. New employees will be subject to the cross plant training
requirements outlined above.
6. Cross
operator exchange, ie Movements to process east/process west, process east to
movements, process west to movements, may be carried out to cover:
a) emergency
situations;
b) annual/long
service leave;
c) training.
7. Movements
operators trained in process plant position/s must spend approximately three
months each year on process plant/s to maintain skill level.
8. Cross plant
training for existing operators will progress on a limited "needs
only" basis. All new operators
will be required to train in all jobs as per level structure.
9. Any operator
who has concerns about his/her ability to undertake cross plant training can
request an exemption from their Shift and/or Plant Controller. It should be
noted however that the minimum levels of cross plant training must be
maintained and are as follows:
• at least two
(2) Operators per shift and spares from both Process West and Process East to
learn/be competent in one Movements job.
• two (2)
Operators per shift and spares in Movements to learn/be competent in one
position in both Process West and Process East.
10. Appointment to
the positions of panel operator on the process plants and co-ordinator at
movements and relief senior operator on all plants will be at the discretion of
management premised on a needs basis. These positions will be advertised.
The company commits to two (2) relief Senior operators on
each shift per Plant, provided those operators to be trained have the necessary
capabilities and competencies as set out in clause 3.3 of this Award.
11. The minimum
experience guideline may in certain cases be put aside at the discretion of the
company.
12. An Operator
shall be eligible for appointment to the next designated position on the plant
to which the employee is assigned:-
a) when the
operator has demonstrated to the satisfaction of the Company that the employee
has the ability, knowledge, skills and qualifications and is willing to perform
all operator jobs on the assigned plant or complex;
b) has obtained
the knowledge, skills and qualifications necessary to perform the next
designated position.
c) is willing,
commensurate with ability, to obtain the knowledge, skills and qualifications
necessary to be eligible for appointment to all higher category positions.
Part 4 .¾ Annualised Salary and Related Matters
4.1 Annualised
Salary (Wages)
Any employee of a classification as set out in Clause 3.5 of
this award, shall be paid per month the wage assigned to that classification
contained in Table 1 of this award.
The rates of pay recognise the total scope of work performed
by operators (including first aid, emergency response, and fire control
activities) at the making of this award.
The annualised salary is defined to include the following
components:
Base Rate - standard pay for a 35 hour week
Shift penalty - 41.86% of base rate (incorporating a public
holiday allowance of 7.1%)
Flexible Hours Allowance - 3 hours per week at overtime
(double time) rates (see 4.5 below).
Clyde Miscellaneous Allowance - replacing previously paid
allowances for meals, telephone, travel time and use of own car (except for
Gore Bay operators required to travel between Gore Bay and Clyde Refinery). See
4.6 below.
First Intervention Team Allowance (if applicable) - See 4.7
below.
4.1.1 Wage Rates
The base wage rates ($ per annum) to be paid under this
Award are listed in Table 1 below.
The implementation of these base rates of pay are contingent
upon achieving the crewing levels outlined in Table 3 contained in clause 5.2.2
below.
The company will undertake capital investments in automation
to support a reduced operator manning level. A capital provision of $400,000
has been made available. It should be noted that the demin. plant partial resin
upgrade and a possible change in the refinery radio system is not included in
this amount.
Improvements in the Fire safety infrastructure have also
been developed into a substantial project. This includes many new fire monitors
in all operating areas, deluge system extension, remote fire sensing, foam
carts and other improvements. Capital allocation for the project has been
determined to be $1.2M.
Procedural upgrades to enhance plant upset management will
be undertaken. These are to be developed at the shift team level.
The company undertakes all reasonable endeavours to ensure
that the commissioning of the agreed monitors (26 on process plants and 6
off-plot areas) will be completed by 31st December 2000.
Table ¾
1
Event
|
Agreement (2% + Av.
2.45%)
|
Annualised Salary
(3%)
|
Demanning (3%)
|
12 Hour Shift
Implementation (2%)
|
Category/ Date
|
1 Jul 2000
|
1 Sep 2000
|
1 Jan 2001
|
1 Mar 2001
|
1
|
$31,612
|
$32,560
|
$33,537
|
$34,208
|
2
|
$41,106
|
$42,339
|
$43,609
|
$44,482
|
3
|
$43,493
|
$44,798
|
$46,142
|
$47,064
|
4
|
$44,554
|
$45,890
|
$47,267
|
$48,212
|
5
|
$48,001
|
$49,441
|
$50,924
|
$51,943
|
6
|
$49,168
|
$50,643
|
$52,162
|
$53,206
|
7
|
$49,858
|
$51,353
|
$52,894
|
$53,952
|
8
|
$52,032
|
$53,593
|
$55,201
|
$56,305
|
9
|
$53,146
|
$54,740
|
$56,383
|
$57,510
|
4.1.2 Allowances
• Change of
shift allowance - Twelve(12) hours at
single time.
• Shift Premium
(including Public Holiday premia)
- 41.86% of base wage
• Clyde
Miscellaneous Allowance - (from 1 September 2000) - $1,891 and increased by the
same percentage movements as the base wage thereafter.
• Flexible
Hours Allowance - (from 1 September 2000) - 3 hours per week at overtime
(double time) rate.
• First
Intervention Team (FIT) Allowance - (from 1 January 2001) - $1500 per annum
with additional $500 per annum for team leader - see 4.7 below.
4.2 Superannuation
Treatment of Annualised Salary
The annualised salary will be treated in the following
manner for superannuation purposes :
Base salary - retrospectively pensionable
Shift penalty - prospectively pensionable
Flexible Hours Allowance - prospectively pensionable
Clyde Miscellaneous Allowance - retrospectively pensionable
Overtime Payments - not pensionable
FIT Allowance (if applicable) - not pensionable
For the purposes of this clause ‘retrospectively
pensionable’ means commencing from the date the employee joined the
superannuation fund and for any periods of service bought back by the employee.
For the purposes of this clause ‘prospectively pensionable’
means for all periods that the relevant allowance was paid to the employee.
4.3 Payment
Of Wages
4.3.1 Wages and
allowances shall be paid monthly by electronic funds transfer into a bank
account nominated by the employee. In
the event of a failure in the banking system causing late lodgement of payment
to an employee's financial institution account, payment will be effected by
cash, cheque or electronic funds transfer in accordance with arrangements made
locally.
4.3.2 Upon
termination of employment, wages due to an employee shall be paid to the
employee on the day of such termination or forwarded to the employee by post on
the next working day.
4.3.3 It shall be a
full discharge of the obligations and rights accruing from week to week under
Clause 5.2, Rosters, to average over a full shift cycle the payments accruing
from shift work to a shift worker. This
provision shall apply even if a shift worker fails for any reason to work a
full shift cycle.
4.3.4 During the term
of this award the company undertakes to investigate the implementation of a
common monthly pay date of the 15th of each month.
4.4 Overtime
All overtime will be paid at the rate of double time.
Overtime will be for a minimum of six hours.
Overtime worked on designated public holidays will be paid
at the rate of triple time.
4.5 Flexible
Hours Allowance
The Flexible Hours Allowance (FHA) is set at three (3) hours
per week at overtime rates. The FHA is not to be viewed as a bank of hours
which has to be all worked.
The FHA covers the following items:
• those agreed
items in Table 2 below
• Casual
absences of up to and including four (4) consecutive 12 hour shifts due to
illness, injury, jury duty, bereavement leave, PERFA and parental leave.
• Plant
restarts of up to and including four (4) consecutive 12 hour shifts.
If a casual absence continues for a period of over four
shifts on consecutive days all operators involved in using FHA will be paid
overtime back to the start of the absence.
‘Consecutive’ is defined as including an absence that
extends across a shift break where that absence is covered by medical
certificate/s.
If a plant restart continues for a period of over 48
consecutive hours all operators involved in using FHA will be paid overtime
back to the start of the plant restart period.
The operation of the FHA will be reviewed by a Monitoring
Committee on a monthly basis for the term of this award.
Overtime hours should be used in the following
circumstances:
a) Shortfalls in
the roster that are the result of company agreed annual leave, long service
leave or Operators assigned to special projects
b) Shortfalls in
the roster that are the result of structural cross plant training, training
necessary for restructuring or company initiated category progression training.
c) Light duties
(inability to fulfil any normal duties).
d) Study leave
(for current students) and where such leave is granted by the company in the
future.
e) Defence
training.
f) Bush fire
brigade (voluntary) absences for fire fighting
g) Sporting leave
(including the Zaaire Cup). This leave is not often used and will be granted at
the discretion of the company and if agreed overtime will be paid.
h) sickness that
results in continuous on/off absence from work or for regular ongoing treatment
i) restricted
duties (i.e. time or function limited duties).
Table 2 ¾ Agreed Items under the Clyde Flexible Hours Allowance
(FHA)
|
Included
|
Excluded
|
All Areas
|
Operator caught back awaiting relief on
|
Minor and major programmed shutdowns
|
|
shift
|
|
|
|
Special Projects
|
|
Short term operational tasks previously
|
|
|
requiring an extra man
|
Union time defined as Pre-ROG meetings,
|
|
|
Company/ROG meetings and relevant
|
|
|
Award provisions
|
|
|
|
|
|
Time in Lieu
|
|
|
|
|
|
OH &S defined as monthly HSE meetings
|
|
|
|
|
|
Company initiated meetings
|
Process East
|
Poly reactors loading
|
Skid tanker (HF)
|
|
|
|
|
CCU Catalyst unloading to tankers
|
|
|
|
|
|
SRU startups
|
|
|
|
|
|
‘Golden’ valves
|
|
|
|
|
|
Trip checks
|
|
Process West
|
T/A’s
|
|
|
|
|
|
HVU/Panel on startups
|
|
|
|
|
|
‘Golden’ valves
|
|
Gore Bay
|
Hose changes (shipping)
|
Shipping wharf cover
|
|
|
|
|
Meal relief after hours (Amorena)
|
Shipping hookups
|
|
|
|
|
Tank dipping (enraf failure)
|
Company initiated medicals
|
Movements*
|
Process water tank drainage
|
EBARA pumps
|
|
|
|
|
OMOSS System
|
Pollution control
|
|
|
|
|
|
Retention basin (subject to EPA
|
|
|
determination)
|
|
|
|
|
|
Diesel pump
|
|
|
|
|
|
Tank water draining other than process
|
|
|
water
|
|
|
|
|
|
Flow on work from shutdowns
|
|
|
|
|
|
Tank coming "OOS"
|
*It is agreed by the parties to this award that every
endeavour must be made to complete tasks with normal shift crewing. Additional
operators to carry out tasks can only be authorised by the Shift Controller in
conjunction with the Senior Operator and when this occurs overtime will be paid
(refer clause 3.2.3 above).
4.6 Clyde
Miscellaneous Allowance
The Clyde Miscellaneous Allowance will be paid at the rate
of $1800 per annum and will be increased by the same percentage movements as
the annualised salary outlined in Table 1 of this award.
A meal money provision of $579.80 (65 Meals x $8.92) per
annum will be shown on annual group certificates.
4.7 First
Intervention Team Allowance
A First Intervention Team (FIT) Allowance of $1500 per annum
will be implemented effective 1st January 2001 for eligible employees. FIT Team
Leaders will be paid an additional $500 per annum to reflect higher levels of
responsibility.
All Gore Bay Operators will be members of the FIT except
where special personal circumstances exist.
A voluntary First Intervention Team (FIT) will be
established effective 1st January 2001.
The voluntary FIT will be established on the following
basis:
• Eight (8) to
ten (10) volunteers will be required per shift
• All
volunteers are required to have current medicals
• Volunteers
will be required to remain part of the FIT for the term of this award
• Individual
bunker gear will be supplied to FIT members
4.8 Mixed
Functions
An employee engaged on any shift, on work carrying a higher
rate than the employee's ordinary classification shall be paid the higher rate
for the whole of the employee's ordinary working hours on that day or shift.
4.9 Transport
Of Employees
When an employee, after having worked overtime, or a shift
for which the employee has not been rostered, finishes work at a time when the
employee's normal means of transport or reasonable means of public transport
are not available, the company shall provide the employee with transport to the
employee's home and return, or pay the employee at the employee's ordinary-time
rates for the time reasonably occupied in reaching his/her home.
4.10 Day
Shiftworkers
A Day Shiftworker shall be paid shift penalties and other
entitlements as if a continuous shiftworker (see 5.3 below).
Part 5
¾ Hours of Work
5.1 Standard
Hours
Subject to 5.2 below the ordinary hours of work for
Operators employed under this award will be an average of 35 hours per week
worked in accordance with the Standard Hours (Oil Companies) Award 1974 (being
an award of the Australian Industrial Relations Commission).
5.2 Rosters
Two roster systems will operate for the term of this award.
Up to and including 28th February 2001 an eight (8) hour five (5) panel roster
will apply. Effective 1st March 2001 the arrangements outlined in 5.2.1 below
shall apply.
5.2.1 Twelve (12)
Hour Shifts
a) The company
will require employees under this Award to work in accordance with a twelve
(12) hour five (5) panel shift roster effective 1st March 2001.
b) This clause
shall apply to shift work arranged for continuous and successive shifts
throughout a week of 168 working hours. The ordinary hours of such shift
workers shall be in accordance with clause 3 and sub-clause 5 (4) of the
Standard Hours (Oil Companies) Award 1974 provided however that subparagraph
5(4) (b) (I) of the Standard Hours (Oil Companies) Award 1974 shall not apply
c) No employee
under this award is to work beyond 14 hours at a time on a single shift.
5.2.2 Refinery/Gore
Bay Terminal Operator Establishment including Sparing
It is agreed that the following operator establishment
complement including sparing will be as follows effective 1st March 2001:
Table 3 ¾ Operator Establishment levels including Sparing
|
Process East
|
Process West
|
Movements
|
Gore Bay
|
Total
|
Shift Positions
|
30
|
40
|
15
|
15
|
105
|
Spares
|
7
|
9
|
3
|
5
|
19
|
Day shift workers
|
1
|
1
|
2
|
|
4
|
Total
|
38
|
50
|
20
|
20
|
128
|
5.2.3 Recruitment
Upon an employee providing written advice of resignation of
employment the recruitment process will be initiated when the establishment
number of Operators falls below 128 during the term of this award unless the
number of Operators exceeds 128 at the time of that resignation.
5.2.4 Time Owed from
Roster
The 72.8 hours which arises as a function of the shift
roster shortfall in hours below an average of 35 hours per week during each
roster cycle will be absorbed into the roster as additional shifts and/or
training time.
Time owed from the roster will be dealt with on the
following basis:
• Four (4)
twelve (12) hour training days will be rostered for each shift throughout the year
for generic training
• Two (2)
additional days of twelve hours duration will be rostered each year. Employees
may elect to offset these hours against annual leave, long service leave or
carry 24 hours over into the next calendar year.
5.2.5 Standby Roster
Standby rosters will be established for the coverage of FHA
and overtime.
5.2.6 Hours
a) An average of
35 hours per week shall be worked over the complete shift cycle.
b) The ordinary
hours of such shift workers shall not exceed twelve (12) in any day, inclusive
of crib time.
c) Shift
Transfers:
Until the expiration of 5 days notice of the specified shift
on which the employee is to work, an employee shall, for all time worked on
that specified shift be paid at the rate of double time.
d) Day and Night
Shift Spread of Hours:
i) "Day
Shift" means any shift commencing after 6.00 a.m. and finishing at or
before 7.00 p.m., where such shift forms part of a rotating or alternating
shift work pattern.
ii) "Night
shift" means any shift commencing on or before 7.00p.m. and finishing
before 8 a.m.
e) Sunday Work:
The minimum rate to be paid to a shift worker for work
performed on a shift the major portion of which falls between midnight on
Saturday and midnight on Sunday shall be double time.
f) Extra Rates
not Cumulative:
The rates provided in paragraph (e) of this subclause shall
be in substitution for and not cumulative upon the shift allowance prescribed
in clause 4.1 of this award.
g) Overtime:
Shift workers for all time worked in excess of or outside
the ordinary working hours prescribed by this award shall be paid at the rate
of double time; provided that no continuous shift worker shall be paid for
overtime worked at any time at a lesser rate than is payable to an employee
performing their normal shift at such time.
h) Meal Interval:
Twenty minutes shall be allowed to all shift workers each
shift for crib which shall be counted as time worked. An employee shall not be
required to work for more than five hours without a break for a meal.
i) Calculation
of Working Times:
The hours of work shall commence and finish at the plant or
facilities where work is to be performed.
j) Cancellation
of Overtime:
i) If notice
cancelling the instruction is sent or telephoned to the employee's registered
address before the employee would normally have left to commence work, the
employee shall be paid a minimum of six hours at the employee's ordinary-time
rate of pay in the case of overtime scheduled on a day on which an employee is
not rostered to work an ordinary shift.
Provided that an additional penalty shall not be payable if
the employee is not at the registered address when notice of cancellation is
delivered or telephoned and the employee subsequently reports for work.
ii) For the
purpose of this clause registered address shall mean the address recorded by
the employer.
5.3 Day
Shiftworker Roster and Hours
Continuous shift workers who from time to time may be
assigned to Day Shiftworker duties only shall be rostered to work an eight (8)
hour day shift on a nine (9) day fortnight basis. Meal breaks shall be in
accordance with those of continuous shift workers and shall be counted as time
worked.
5.4 Rest
Periods (Ten Hour Break)
The Union and the Company agree that appropriate rest
periods should be taken between successive work periods.
Accordingly, the Union, their members and the Company will
co-operate in establishing work arrangements which will provide for rest
periods of at least 10 hours for shift workers without loss of pay during such
absence.
If on the instructions of the company an employee resumes or
continues work without having a 10 hour break the employee shall be paid
overtime until being released from duty and the employee shall be entitled to
10 consecutive hours off duty without loss of pay during such absence.
Part 6. ¾ Leave
6.1 Annual
Leave
The underlying entitlement of employees under this award is
the Annual Holidays Act 1944, as
amended.
6.1.1 In addition to
the leave hereinbefore prescribed, seven-day shift workers, that is shift
workers who are rostered to work regularly on Sundays and holidays, shall be
allowed seven consecutive days leave including non-working days.
6.1.2 Where an
employee with twelve months' service is engaged for part of the twelve-month
period as a seven-day shift worker, the employee shall be entitled to have the
period of leave prescribed in subclause 6.1.1 of this clause increased by half
a day for each month the employee is engaged continuously, as aforesaid.
6.1.3 Shift workers
on continuous shift shall, during their absence or annual leave, be paid as if
at work. The shift penalty (see 4.1 above) is in lieu of a 22½ % annual leave
loading.
6.1.4 Local
arrangements provide for 248 hours annual leave per annum for continuous shift
workers.
6.1.5 Public holidays
will be credited if they fall during the leave period, and the leave will be
extended by one day for each Public holiday.
6.2 Sick
Leave
6.2.1 An employee who
is absent from work on account of personal illness or incapacity shall be
entitled to leave of absence without deduction of pay subject to the following
conditions and limitations:
a) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to worker's compensation.
b) Where
practicable the employee shall notify the nominated representative of the
company prior to the commencement of the employee's next period of work, and in
any case the employee shall within 24 hours of the commencement of such absence
inform the company of the employee's inability to attend for duty and, as far
as practicable, state the nature of the illness or incapacity and the estimated
duration of the absence.
c) The employee
shall prove on account of such illness or incapacity that the employee was
unable to attend for duty on the day or days for which sick leave is claimed.
d) The employee
shall not be entitled in respect of any year of service with the company to
leave in excess of five (5) days in the first year of service and ten (10) days
in any subsequent year of service.
Provided that sick leave shall accumulate from year to year so that any
balance of the period specified herein which has in any year not been allowed
to an employee by the company as paid sick leave may be claimed by the employee
and subject to the conditions hereinbefore prescribed shall be allowed by that
company in a subsequent year without diminution of the sick leave prescribed in
respect of the year. Provided further
that sick leave which accumulates pursuant to this subclause shall be available
to the employee for a period of 10 years but no longer from the end of the year
in which it accrues.
6.2.2 An employee is
not entitled to sick leave for more than two absences each of a single day in
any one year of service without the production (if requested by the company) of
a certificate, from a qualified medical practitioner. Nothing in this subclause shall limit the company’s rights under
paragraph (c) of subclause (i) hereof.
6.3 Long
Service Leave
Employees accrue long service leave at the rate of 520 hours
for each ten (10) years of service.
The provisions of the Long Service Leave (Oil Companies)
Award 1985 are deemed to regulate long service leave for the purposes of this
award, and in so far as that Award and the Long
Service Leave Act 1955 are inconsistent, the Long Service Leave (Oil
Companies) Award 1985 shall prevail.
6.3.1 Long Service
Leave Key Entitlements
6.3.1.1 Amount
of Leave: After 1 Jan 1985
a) The amount of
long service leave entitlement for an employee who has completed at least ten
years service with the Company from 1 January 1985, will be:
i) thirteen
consecutive weeks’ leave for ten years so completed; and
ii) thirteen
consecutive weeks’ leave in respect of each ten years’ service since the
previous long service leave entitlement; and
iii) on the
termination of the employee’s employment, a proportionate amount calculated on
the basis of thirteen consecutive weeks’ leave for ten years’ service, for the
number of years served since the previous long service leave entitlement.
b) In the case of
an employee who has completed at least five years’ service with the Company,
and who is terminated for any cause other than serious or wilful misconduct,
the entitlement is based on a proportionate amount of thirteen consecutive
weeks’ leave for ten years’ service.
c) For continuous
shift workers, the entitlement to long service leave is granted in working
shifts and not calendar weeks. Therefore the ten year service entitlement to
long service leave is not thirteen calendar weeks, but 43.3 12 hour shifts (520
hours).
6.3.1.2 Amount
of Leave: Prior 1 January 1985
For an employee who commenced employment prior to 1 January
1985, the amount of long service leave entitlement is the sum of the following:
a) For service
prior to 1 April 1963, thirteen weeks consecutive weeks leave after twenty
years’ continuous service.
b) For service
between 1 April 1963 and 31 December 1984, thirteen consecutive weeks’ leave
after fifteen years’ continuous service.
6.3.1.3 Payment
for Period of Leave or Upon Termination of Employment
Payment on long service leave will be made at the employee’s
ordinary rate of pay and will include:
Basic Rate
Shift premia (including Public Holiday Allowance)
Clyde Miscellaneous Allowance
Flexible Hours Allowance (FHA)
FIT Allowance (if applicable)
6.3.1.4 Taking
of Leave
Accrued long service leave may be taken as soon as
practicable after the accrual date, having regards to the needs of the Company,
or at such times as agreed between the Company and the employee.
Public holidays will be credited if they fall during the
leave period, and the leave will be extended by one day for each Public
holiday.
6.3.1.5 Granting
Leave in Advance
In special circumstances, provided that an employee has
completed at least five years’ service, the Company may grant long service
leave before it has accrued. No further leave entitlement will occur until the
next accrued date. If the employee leaves the Company before the leave has accrued,
the Company will deduct from final pay the value of any excess leave taken.
6.3.1.6 Payments
on Leaving the Company
On the termination of service, any long service leave to
which the employee was entitled but has not been taken, shall be paid in line
with the Long Service Leave (Oil Companies) Award.
Upon termination of service with the company long service
leave will be paid out as if the employee were at work.
6.4 Bereavement
Leave
An employee shall be entitled to a maximum of three days’
leave without loss of pay on each occasion and on the production of
satisfactory evidence of the death of the employees’ husband, wife, father,
mother, sister, brother, child, step-child or parents-in-law, grandparents or
grandchildren. For the purpose of this clause the words "wife" and
"husband" shall include de facto wife or husband or life partner, and
the words "father" and "mother" shall include foster father
and mother.
6.5 Parental
Leave
An employee shall be entitled to Parental Leave as defined
in Part 4 of the Industrial Relations Act
1996, and granted as per Company Policy documented in the Personnel Policy
Manual.
6.6 Personal/Carer’s
Leave
The provisions as determined by the State Personal/Carer’s
Leave Case - August 1996 (68 IR 308) and the State Personal/Carer’s Case 1998
(Unreported 10 December 1998) are deemed to regulate Personal/carer’s leave for
the purposes of this award.
6.7 Jury
Service
Subject to the production of satisfactory evidence, an
employee required to be absent from work due to jury service will be reimbursed
by the company for any loss of wages.
Employees are not expected to attend work on weekends during
a period of continuous jury duty where that jury duty bridges any weekend.
6.8 Public
Holidays
6.8.1 Unless the
employee is required to work by the company, an employee shall be entitled to
the following public holidays without deduction of pay: New Year's Day, Australia Day, Good Friday,
Easter Monday, Easter Tuesday, Anzac Day, the Queen's Birthday, August Bank
Holiday, Eight-hour Day, Christmas Day, Boxing Day, and any other additional
day proclaimed as a holiday throughout the State.
6.8.2 When Anzac Day
falls on a Saturday or a Sunday, the following Monday or the day gazetted by
State Government of New South Wales to be observed as the Anzac Day holiday
shall be substituted for Anzac Day.
6.8.3 An employee
called upon to work overtime on any of the holidays above shall be notified the
day before and shall be paid triple time for all time worked with a minimum
payment of six hours.
6.8.4 The rates
hereinbefore prescribed in this sub-clause shall, in the case of all shift
work, be deemed to include all shift allowances prescribed in Table 1 of this
award.
6.8.5 An employee
notified to attend for work on a holiday which is not so worked shall be paid
at holiday rates for six hours. Provided that this subclause shall not apply
where an employee who has already been notified to attend for work is given a
minimum of 24 hours' notice that the attendance is not so required.
6.8.6 When an
employee is absent from work on the working day before or the working day after
a public holiday without reasonable excuse or without the consent of the
employer, the employee shall not be entitled to payment for such holiday.
Part 7
¾ Union Matters
The parties to this award recognise that union membership
and employee involvement through their union provides a positive contribution
to effective and productive performance.
The company recognises the role of the Union in representing
employees as well as the need to develop and maintain effective communications.
7.1 Right
Of Entry
See Chapter 5, Part 7 of the Industrial Relations Act 1996.
7.2 Union
Delegate
An employee appointed Union Delegate shall upon proper
notification by the Union to the company, be recognised as the accredited
representative of the Union and shall be allowed the necessary time during
working hours to interview the company or the company's representative on
matters affecting the employees whom the delegate represents, but the employee
must first obtain permission from the supervisor to leave the employee's place
of work.
7.3 Notice
Board
The company shall permit the Union to display on notice
boards any notice dealing with legitimate Union business, provided that such
notice is authenticated by the signature of an accredited representative of the
Union.
7.4 Union
Business
The ROG will be allowed paid time on 20 working days per
annum to attend to union business including but not limited to:
a) CFMEU Board of
Management and Executive.
b) Australasian
Refinery Operatives Committee (AROC).
c) Trade Union
Training Authority (TUTA or its successors) training.
7.5 Union
Training
The company shall provide access to authorised CFMEU
training by agreement with the ROG.
7.6 Time
in lieu
Time in Lieu is granted to continuous shift operators
(including ROG members) who are rostered off but are required by the company to
attend activities outlined in Table 2 of clause 4.5 of this award.
Time in lieu will be granted by the company in six or twelve
hour blocks.
7.7 Payroll
Deductions
The company shall, with the employee’s consent, deduct union
dues from the employees monthly pay and remit such deductions to the union.
Part 8. ¾ Gore Bay Terminal
Operations
8.1 Boiler
Operation
The boiler will be operated with remote attendance by any
ticketed operator from the panel room, and as required, from the boiler house.
The current boiler operator will be assigned the following duties:
• routine
attendance of the boiler (unattended for up to 20 minutes)
• logging of
the boilers and the air compressor
• water testing
• loading of
the Amorena of normal loads
• loading of
tugs, FSI road wagon or drums
• tank gauging
checks
• assist the
shift in normal operation when required
8.2 Ship
Connections and Disconnections
Ship connections and disconnections currently carried out by
Metal Trades employees will be completed by operators within the current crew
numbers. An accreditation program to ensure that all operators are fully aware
of the requirements for ship connections/disconnections will be required.
Implementation is contingent upon the Company reaching an agreement with the
Metal Trades group.
8.3 Fourth
Operator
The fourth operator, when not covering annual leave, long
service leave and training, will cover the following duties:
• casual
absences
• loading navy
gas oil to Amorena
• forming part
of the hook-up crew when lube oil bunkers are required
• checking the
fire system ie. base foam system with the ESO’s, base foam valves and pump
circulation, and fire boxes
• project work
• wharf watch
(refer 8.4 below)
8.4 Wharf
Watch
Use of Fourth Operator: whenever possible, wharf watch is to
be covered by the fourth operator on shift. This will need to be balanced by
other demands on the use of the fourth operator.
Relief Management: to provide relief for the assigned wharf
watch operator, an extra operator will be provided for a single four hour
period during day shift. Relief is otherwise to be provided by the on-shift crew,
or if a necessarily deemed requirement, an extra operator may be arranged at
the Senior Operator’s discretion.
Example: if the Amorena requires loading during afternoon
shift, it is anticipated that the Senior Operator may arrange an extra
operator.
8.5 Shore
Officers
Number of Reliefs: three operators will be appointed to
provide Shore Officer relief.
Method of Selection: applications will be sought from all
current Gore Bay Terminal operators and selected candidates will undergo an
interview process. The successful applicants will be chosen on the basis of
merit.
Availability: it is expected that the appointees will cover
planned absences and those casual absences of 3 days or more, as required.
A minimum of two weeks acting in the Shore Officer role will
be essential to ensure the maintenance of necessary skills. The Company will
ensure each appointee has appropriate opportunity to fulfil this requirement.
Remuneration: will be in accordance with 8.7 below.
8.6 Training
and Development
Shore Officer Relief: three appointees will be trained to
the Unrestricted classification. This will require completion of a list of
training elements. In addition, each appointee would need to attend and
successfully complete:
• a 5 day
introductory course
• at least 7
vessel discharges
• subsequent
courses.
Relief Senior Operator: upon implementation of this
agreement two operators will be trained up to the Relief Senior Operator level.
A further two operators will be trained subsequently over two years.
Training Standards: training will be conducted in accordance
with Refinery protocols.
8.7 Relief
Shore Officer Payments
Appointees will receive the following *pensionable
allowances:
Period
|
Weekly Rate
|
- during relief
work
|
$110
|
- remainder of
appointment
|
$16
|
* not an ‘all purpose’ allowance
Part 9 ¾ Leave Reserved
The parties to this award agree that the following matters
will be subject to further discussion during the term of this award:
• A trial of
Movements manning consisting of 20 continuous shift work positions (inclusive
of a rotation through day shiftwork) will commence 1 February 2001 for a period
of twelve (12) months. This trial will be subject to a joint review by the
union and the company after six (6) months. The Movements Senior Operator will
be paid at Category 9 and the Movements Relief Senior Operator paid at Category
7 for all purposes in accordance with Table 1 of this award for the period of
the trial. These Category changes will be confirmed upon the completion of the
trial to the mutual satisfaction of the company and the union.
• Opportunities
for Gore Bay employees engaged under this award to undertake work currently
undertaken by Shore Officers will be jointly reviewed by the union and the
company during the term of this award.
• Leave is
reserved to commence further discussions post implementation of this award
regarding the makeup of the hook-up crew for ship connections/disconnections at
both wharves 1 and 2 at Gore Bay Terminal.
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.