AUSTRALIAN STEEL MILL SERVICES PTY 1997-1999 ENTERPRISE AWARD AS AMENDED 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Steel Mill Services Pty.

 

(No. IRC 1119 of 2004)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Parties Bound

3.         Objectives of the Award

4.         Period of Operation

5.         Conditions of Employment

6.         Hours

7.         Overtime

8.         Maximum Payment

9.         Training

10.       Wages

11.       Salaries

12.       Higher Duties

13.       Casual Employment

14.       Fixed Term Employment

15.       External Contractors

16.       Meals and Crib Breaks

17.       Call-Out

18.       Public Holidays

19.       Requirement to Work in Accordance with the Needs of the Industry

20.       Annual Leave

21.       Annual Holidays Loading

22.       Long Service Leave

23.       Sick Leave

24..      Other Leave

25.       Occupational Health and Safety

26.       Job Transportation

27.       Contract of Employment

28.       Time and Payment of Wages

29.       Union Delegates

30.       No Extra Claims

31.       Disputes Procedure

32.       Essential Services

33.       Clothing

34.       Leave Reserved

35.       Superannuation

36.       Personal/Carer’s Leave

37        Anti-Discrimination

38.       Union Dues Deduction

39.       Other

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances for Shift Workers

Table 2 - Wages

Table 3 - Salaries

 

Appendix A - Integrated Work Groups: Consultation

Appendix B - Anti-Discrimination

Appendix C -  Twelve (12)-Hour Shift Details

 

PART A

 

1.  Title

 

This Award shall be known as the Australian Steel Mill Services Pty. 1997-1999 Enterprise Award as amended 2004.

 

2.  Parties Bound

 

This Enterprise Award shall be binding upon Australian Steel Mill Services Pty. of BlueScope Steel Limited ("BSL") Recycling Area, Springhill Road, Port Kembla and The Australian Workers’ Union, New South Wales, and employees who are eligible to be members of that union.  This Enterprise Award supersedes all other Awards and Agreements on this site, but shall observe the ASMS Sick Leave Enterprise Agreement.

 

3.  Objectives of the Award

 

3.1        To provide a healthy and safe working environment for all employees and to ensure the Company and employees comply with relevant safety standards.

 

3.2        To provide essential services to BSL in the material movement, processing and distribution off-site of Furnace Slag and Aggregate products.

 

3.3        To ensure our products and processes meet all safety, quality and environmental standards.

 

3.4        To improve the quality of working life and develop career opportunities through training and development.

 

3.5        To enhance productive performance by encouraging Work Groups and Management participation and acceptance of responsibility and decision-making.

 

3.6        To provide equal opportunity in employment and to maintain a process of affirmative action to suit the needs of the business in accordance with the relevant legislation.  Also refer to Appendix B.

 

3.7        12-Hour Shift Pattern, to provide a more efficient operation.

 

 

4.  Period of Operation

 

This Enterprise Award shall operate from the first pay period to commence on or after 17 March 2004 as approved by the Industrial Relations Commission of New South Wales and remain in force for a period up until 31 March 2005.

 

This Award rescinds and replaces the Australian Steel Mill Services Pty 1997-1999 Enterprise Award As Amended 1999 published 4 May 2001 (324 IG 631) and all variations thereof.

 

5.  Conditions of Employment

 

5.1        This Award shall form the terms and conditions of employment for all employees working within the scope of the payment structures in Clause 10, Wages, and Clause 11, Salaries.

 

5.2        Where Work Groups recommend changes to any terms and/or conditions of this Enterprise Award, they will place such proposed changes before Management and delegates and be reviewed by the Consultative Process (Refer Appendix A).

 

5.3        This Award has been negotiated through extensive consultation between Management and employees.  The content of the Agreement has been canvassed with all parties.  All parties are entering into this Agreement with full knowledge as to the content and effect of the document.

 

The parties declare that this Award:

 

(a)        Is not contrary to public interest.

 

(b)        Is not unfair, harsh or unconscionable.

 

(c)        Was at no stage entered into under duress, and;

 

(d)        Reflects the interests and desires of the parties.

 

6.  Hours

 

6.1

 

(a)        It is an intention of this Award that at the start and finish times of employees, they will be at their actual place of work within the Company’s operations.  All wash-up time shall therefore be taken at the expiry of the employees’ ordinary hours of work each day.

 

(b)        The parties intend that there will be minimum disruption to operational efficiency between shift changes.  Employees shall commence and complete their hours of work at their actual workplace within the Company’s operations.  All wash-up time shall be taken at the expiry of the employees’ normal hours of work.

 

6.2        A regular starting and finishing time within the normal span of hours shall be fixed which shall not be altered, except after notice of at least a week, to the employee concerned.  Notice less than one week may be given by agreement between the employer, the employee, and the majority of the employees in the Work Group.

 

6.3        Day Shift Employees:

 

(a)        The ordinary hours of day workers shall be 38 per week, to be worked eight hours per day, Monday to Friday inclusive, between the hours of 6.00 a.m. and 6.00 p.m.

 

(b)        Except as provided elsewhere in this Award, the ordinary working hours shall be worked in accordance with the following provisions for a four-week cycle:

 

(i)         The ordinary working hours shall be as a four-week cycle, Monday to Friday inclusive, with 19 working days of 8 hours’ duration, with 0.4 of one hour on each day worked or for each day on approved or entitled leave accruing as an entitlement to take an accrued Roster Day Off (RDO) within the four-week cycle following the date of entitlement.

 

(ii)        The taking of the RDO shall be determined by Management in consultation with employees in the Work Group, having regard to the needs of the business, health and safety issues and any legal requirements.

 

(iii)       However, where the RDO cannot be taken within the four-week cycle following the date of entitlement, due to legitimate reasons, at any one time up to a maximum of four (4) RDO's may be accumulated.

 

(iv)      Where an employee intends to take accumulated RDO's, a written application form must be submitted prior to and approved by the employee’s Supervisor/Manager in writing, giving at least 24 hours’ notice.

 

(v)       Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(vi)      An employee who has not worked or is not regarded as having worked a complete four-week cycle, shall receive pro rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the accrued Roster Day Off, (RDO) or in the case of termination of employment, on termination.

 

(vii)     The accrued Roster Day Off (RDO) may be worked where that is required by the employer in which case, in addition to accrued entitlements, the employee shall be paid at the rates prescribed for Saturday work.

 

6.4        Shift Work:

 

(a)        If two shifts are worked, they shall be worked between the hours of 6.00 a.m. and midnight.  Where shift patterns may be required from time to time outside these hours the Company and the employees shall agree to work through the Joint Consultative Making Process (refer Appendix A).

 

(b)

 

(i)         Afternoon shift shall commence normally at 2.00 p.m. and finish at 10.00 p.m.

 

(ii)        Night shift shall commence normally at 10.00 p.m. and finish at 6.00 a.m. on the next day.

 

(iii)       A regular starting and finishing time within the normal span of hours shall be fixed, which shall not be altered except after notice of at least a week to the employee concerned.  Notice of less than one week may be given by agreement between the employer, the employee, and the majority of the employees in the Work Group.

 

(c)        Shift work hours between Monday and Friday, inclusive, shall be paid as ordinary hourly rates.  Time worked on a Saturday, Sunday or a Public Holiday shall be paid in accordance with Clause 7, Overtime, provided an ordinary shift commencing before, and extending beyond, midnight Friday, shall be regarded as a Friday shift.

 

(d)        Accrued Rostered Days Off (RDO) as per Sub-Clause 6.3 (b) of Clause 6, Hours, shall apply to eight (8) hour shift workers.

 

(e)        By consultation and agreement between Management , employees and union, a special shift may be worked, commencing Sunday night shift and continuing to Thursday night shift (five shifts) paid at appropriate shift penalties with Sunday penalties for the Sunday shift.

 

(f)         Shift Work Allowances for Shift Workers:

 

Subject as in the Award otherwise provided, shift workers shall be paid, in addition to the rates payable under this Award, shift work allowances at the rates as set out in Items 1 to 4 of Table 1 of Part B Monetary Rates, per 38-hour week in respect of all shifts worked.

 

6.5        Twelve (12) -Hour Continuous Shift Operation:

 

Refer APPENDIX C.  2.  Hours - (a), (b), (c), (d), (e), (f)).

 

7.  Overtime

 

7.1

 

(a)        For all work done outside ordinary hours, 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.

 

(b)        This Clause shall not apply when the time is worked by arrangement between employees with the approval of Management.

 

7.2        Any overtime worked on Saturday - time and a half for the first two hours, then double time thereafter, with a minimum payment of four hours, provided shift workers, for their ordinary shifts of eight hours, shall be paid at the rate of time and a half.

 

7.3        Any overtime worked on Sunday - double time.

 

7.4        Any work done on public holidays will be paid at the rate of double time and a half, with a minimum payment of four hours.

 

7.5        The hourly rate, when computing overtime, shall be the relevant rate for the job as per Clauses 10, Wages, and 11, Salaries.

 

7.6        Rest Period After Overtime:

 

(a)        When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten [10] consecutive hours off duty between the working of successive working days.

 

(b)        An employee (other than a casual employee) who works so much overtime between the termination of the employee’s ordinary work on one day and the commencement of ordinary work on the next day, such that the employee has not had at least ten (10) consecutive hours off duty between those times must, subject to this Sub-Clause, be released after completion of the overtime until the employee has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        By agreement between Management and an individual employee, the 10-hour rest break provided for in this Clause may be reduced to a period of no less than 8 hours then when an employee resumes or continues work without having had the ten [10] consecutive hours off duty, the employee must be paid at double rates until he or she is released from duty for such period.  The employee is then entitled to be absent until he or she has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.

 

8.  Maximum Payment

 

8.1.       Shift allowances and special rates shall not be subject to any premium or penalty provisions.

 

8.2        All rates prescribed by this Award shall not exceed double the rate as prescribed by Clauses 10, Wages, and 11, Salaries, except as provided for in Clause 7., Overtime.

 

9.  Training

 

9.1        This Award has been formulated on the basis of providing multi-skilling and flexibility opportunities for Company employees.  In this regard demarcation provisions are not included; providing employees are suitably qualified, they may be required to carry out any work function contained within the employer’s operation.

 

9.2        Each Work Group, with Management, will monitor training needs for skills required within the Work Group, to meet operational requirements.

 

9.3        All training will be competency-based, with clearly defined and agreed performance standards.  Employees will have to demonstrate capability against these standards as part of the assessment process and a reasonable amount of additional training will be given in accordance with the training needs of the business in each area of operation, as identified in a training plan.  Where an employee fails to meet performance standards after a reasonable amount of additional training, continued training for that employee may be withdrawn.

 

9.4        Training will be consistent with the work skills required by the Company and the Work Group through the process of a training-needs analysis and skills audit.

 

9.5        The Company is committed to an objective of equal opportunity and affirmative action, which will apply to all employment practices.

 

9.6        The Company will pay for reasonable training costs incurred by an employee for the Company-sponsored/approved Courses.  Time spent travelling and attendance time will be paid at ordinary rates.  Reasonable out-of-pocket expenses shall be provided by the employer.  Reimbursement of reasonable training costs, travelling and attendance time, and reasonable out-of-pocket expenses shall be subject to the presentation of reports of completion and/or competency.

 

9.7        Career Progress:

 

(a)        Where from time to time vacancies occur for any positions within the Organisation covered by this Award, such vacancies are first to be offered to operators from within the host department then next to any other operators and then to all employees Company wide covered by this Award meeting the criteria as set out in Sub-Clause (b) and (c) of this Clause.

 

(b)        First preference shall be afforded to applicants with a demonstrated history of performance and commitment to ASMS Occupational Health & Safety standards.

 

(c)        From those applicants referred to in Sub-Clause (a & b), of this Clause, the selection process will afford preference to -

 

(i)         applicants who meet the skills/qualifications/experience criteria required;

 

(ii)        all employees covered by this Award.

 

(d)        This selection shall involve consultation between Management and the relevant Work Groups, giving consideration to career development through needs-based training.

 

(e)        If there are no internal applicants or in the event internal applicants are not successful, the Company shall advertise externally.  Selection shall be based on the same criteria as applied to the internal applicants.

 

(f)         An employee shall be given at least five (5) ordinary working days’ notice if required to work shift work.  Notice less than one week may be given by agreement between the employer and employee, within his/her relevant Work Group, but still attract relevant penalty rates.

 

10.  Wages

 

10.1      The minimum rates to be paid to any classification of employee shall be in accordance with the definitions as listed in this Section.

 

10.2      All new employees shall be employed on a three (3) months’ probationary period.

 

10.3      During the probationary period an employee’s employment may be terminated for a reason or reasons connected with the employee’s lack of commitment to safety performance, capability or conduct, or based on the Company's operational requirements.

 

10.4

 

(a)        Effective first pay period to commence on or after 1st April, 2003, to 31st March, 2004.  Refer Schedule 1 (a) to (k) of Table 2, Wages, of Part B, Monetary Rates.

 

(b)        Effective first pay period to commence on or after 1st April, 2004, to 31st March, 2005.  Refer Schedule 2 (a) to (k) of Table 2, Wages of Part B, Monetary Rates.

 

10.5

 

(a)        Entry Level shall mean a person (other than a tradesperson) on probation.

 

Thirty-eight hour rate - an amount per hour as set out in (1-2) (a) of Table 2 - Wages, of Part B, Monetary Rates.

 

(b)        Operator Level 1 shall mean a person (other than a tradesperson) undertaking training for Level 2 classification.

 

Thirty-eight hour rate - an amount per hour as set out in (1-2 ) (b) of Table 2 - Wages, of Part B, Monetary Rates.

 

(c)        Operator Level 2 shall mean a person assessed as competent and employed in one Furnace Department core skill (in training for Level 3),  or two of the following operations:

 

Water Cart; Dump Truck; Front-end Loader (general push-up duties); Crushing & Screening Plant (equivalent to two skills);  Metal Recovery Plant  (equivalent to two skills); Blending Plant (equivalent to two skills); Road Sweeper; Fuel Truck;  Bobcat with all attachments or Road Maintenance (equivalent to two skills); Weighbridge Operator or Storeperson and persons in training for Level 3 classification.

 

Thirty-eight hour rate - an amount per hour as set out in (1-2) (c) of Table 2- Wages, of Part B, Monetary Rates.

 

(d)        Operator Level 3 shall mean a person assessed as competent and employed in two Furnace Department core skills (in training for Level 4), all Road Maintenance, or two of the following operations:

 

Feed Crushing and Screening and Metal Recovery Plant; Sales Loader; 771B and 114B Cranes; Excavator; Belt Repairs; D10 Dozer; Weighbridge Operations including invoice/account reconciliation; Fuel Truck with chain repair; General Repair/Maintenance Tradesperson and higher level Tradesperson not yet competent in Level 4 skills.

 

Thirty-eight hour rate - an amount per hour as set out in (1-2 ) (d) of Table 2 - Wages, of Part B, Monetary Rates.

 

(e)        Operator Level 4 shall mean full-time Fitters, Boilermakers and Electricians who have been assessed as competent in technical skills that are at a higher and more exacting level than the Repair/Maintenance employee Level 3, or Operators with three [3] Furnace Department core skills or 771B and 114B Cranes, including routine maintenance of same.

 

Thirty-eight hour rate - an amount per hour as set out in (1-2) (e) of Table 2 - Wages, of Part B, Monetary Rates.

 

(f)         Operator Level 5 - Special Class Tradesperson - shall mean an Operator Level 4 Tradesperson with the following requirements :

 

A.        Primary Tradesperson Role.

 

B.         Base Trade Qualification.

 

C.         Post Trade Qualifications (any 2 from those listed in B below).

 

D.        In-House/Company-Specific Objectives/Outcomes.

 

A.        Base Trade Qualifications

 

Fitter

 

Plant Mechanic

 

Boilermaker

 

Auto Electrician

 

Electrician

 

B.         Post Trade Qualifications

 

CAT Training	PM	Welding 8 and 8E	All
Hydraulics 1 & 2	PM	Air Conditioning	AE/PM
Pneumatics 1 & 2	PM	Power Lockouts	E/AE
Diesel 1 & 2	PM	Fuel Injection	PM
HVC Certificate	PM	Scales	AE/PM
Welding 1, 1E, 3 & 3E	All	PLC	AE/PM
MIG & TIG	All	Explosive Power Tools	AE
Electric Arc	All	Lifting Skills	All
Oxy 1 & 2	All	Mobile Equipment tkts.	All
Welding 6 & 7	All

 

In addition to the two post-trade skills, the higher paid Tradespersons shall have at least one plant skill that assists with flexibility on the plant.

 

C.         Company Specific Objectives/Outcomes

 

It is essential that Level 5 Tradespersons are committed and will respond to the needs of the business, not frustrate the needs of the business.  To this end, the following items assist both the employer and the employee to obtain the best value for each other.

 

1.         Customer-focused: Know their customers' business and respond to this in ways that ensure their work group can meet those needs.

 

2.         Attuned to the business needs: Know the requirements of the various work groups and respond with a maintenance programme that attains their needs.

 

3.         Suitable training: People who are prepared to be trained in various roles inside and outside their main role.

 

4.         Flexibility: Tradespersons who, while carrying out their primary role within the organisation, are willing to use other skills to keep the business going, e.g. maintenance people willing to operate machines and equipment on a needs basis in their work areas, or other areas of ASMS.

 

It is recognised that the primary role of tradespersons in ASMS is the maintenance and upkeep of the Company's plant and equipment.  The use of their operator skills enables the Company to maintain production to satisfy customers in a particular work area when an operator shortfall occurs in their work groups.

 

Should tradespersons be found to be not complying with the requirements of Level 5 and normal counselling processes do not resolve the issue, the matter will then be dealt with by Disputes Procedure.

 

5.         Perform preventative maintenance: To advise and perform a preventative maintenance role.  Assist to keep the plant availability high.  Present ideas in a constructive manner that allows real action in real time.  Present written reports on plant, and not to say afterwards "I told you".

 

6.         Proactive: Respond quickly and before equipment breaks, wherever possible.  Keep in mind the needs of production.  Partner with operational areas.   Be a constructive member of work area teams.  Help the business reduce its costs.  Recognise that operation improvements and changes are an ongoing necessity of the business, to allow it to remain competitive.

 

Thirty-Eight (38) hour rate - an amount per hour, as set out in (1-2)(f) of Table 2 - Wages, of Part B, Monetary Rates.

 

(g)        Leading Hand - For the purpose of this Sub-Clause, a Leading Hand may be defined as an employee at any level, who is required to act as a Leading Hand and is formally appointed after consultation with the Work Group and Management.  The Primary Purpose of the Leading Hand function is to allocate and prioritise work to his/her team while on shift.  The Leading Hand shall assist Management in:

 

(i)         the safe working procedures of employees on his/her Work Team;

 

(ii)        keeping all plant in his/her work environment in a safe and good working condition;

 

(iii)       ensuring all work is carried out to a high standard.

 

An amount per shift as set out in (1-2) (g) of Table 2 - Wages, of Part B, Monetary Rates.

 

(h)        Relief Supervisor - An employee required to act as a Relief Supervisor formally appointed by Management, an amount per hour as set out in (1-2 ) (h) of Table 2 - Wages, of Part B, Monetary Rates.

 

(i)         Tool Allowance - Qualified Tradespersons shall agree to the tool requirements of the Company and shall be paid an amount per week as set out in (1-2 ) (i) of Table 2 - Wages, of Part B, Monetary Rates.

 

(j)         Electrical Licence Allowance - Qualified Electricians required to work without direct supervision shall be paid an amount per week as set out in (1-2) (j) of Table 2 - Wages, of Part B, Monetary Rates.

 

11.  Salaries

 

11.1

 

(a)        A salaried employee (Administration and Laboratory) covered by this Clause may choose to be paid an annualised salary.

 

(b)        The annualised salary will provide a stable income for the individual and support the team concept.  The choice of an annualised salary shall be in lieu of payment for overtime and the system of accrued Roster Days Off (RDO) as per Sub-Clause 6.3 Hours, Day Shift Workers.

 

(c)        A weekly overtime component of three hours multiplied by 1.66 times, equivalent to five ordinary paid hours, shall be added to the weekly base rate and annualised.

 

(d)        If, in any 26-week cycle, an individual works overtime in excess of 78 hours, the excess hours will be paid at the rate of 1.66 times per hour.  Time off in lieu of excess hours may be requested.

 

(e)        There will be no reduction in payment if, in any 26-week cycle, an individual is not required to work the paid 78 hours.

 

(f)         The annualised salary is paid for all periods of leave, including public holidays, long service leave, sick leave taken, holiday leave loading and other special leave as per Clause 24, Other Leave.

 

11.2      The minimum rates to be paid to any classification of employee shall be in accordance with the definitions as listed in this Section.

 

11.3      All new employees shall be employed on a six months’ probationary period.

 

11.4      During the probationary period, an employee’s employment may be terminated for a reason or reasons connected with the employee’s lack of commitment to and safety performance, capability or conduct, or based on the operational requirement of the enterprise.

 

11.5      The levels of pay shall be applicable to employees employed in the Administration and Laboratory departments.

 

11.6

 

(a)        Effective first pay period to commence on or after 1st April, 2003, to 31st March, 2004, Refer Schedule 1 (a) to (j) of Table 3, Salaries, of Part B, Monetary Rates.

 

(b)        Effective first pay period to commence on or after 1st April, 2004, to 31st March, 2005,  Refer Schedule 2 (a) to (j) of Table 3, Salaries, of Part B, Monetary Rates.

 

11.7

 

(a)        Entry Level - as set out in (1-2) (a) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(b)        Level 1 - as set out in (1-2) (b) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(c)        Level 2 - as set out in (1-2) (c) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(d)        Level 3 - as set out in (1-2) (d) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(e)        Level 4 - as set out in (1-2) (e) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(f)         Quality Management Officer - as set out in (1-2) (f) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(g)        Product and Process Engineer - as set out in (1-2) (g) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(h)        Leading Hand - as set out in (1-2) (h) of Table 3 - Salaries, of Part B, Monetary Rates.

 

(i)         Relief Supervisor - as set out in (1-2) (i) of Table 3 - Salaries, of Part B, Monetary Rates.

 

12.  Higher Duties

 

12.1      An employee requested by Management to perform duties at a higher level than that in which they are employed, shall be paid at the higher appropriate rate for the shift when such duties are for the purpose of providing leave coverage, for training, work on special projects, or trades work.

 

13.  Casual Employment

 

13.1

 

(i)         The Company reserves the right to employ casual employees to replace permanent employees who are absent for annual leave, long service leave, workers’ compensation, or periods of absence without pay, but excluding short-term periods of less than two (2) weeks’/two (2) roster periods’ absenteeism, or where the majority of union employees of a particular area are absent on leave and cannot be covered by reasonable overtime, as agreed between Management and union.

 

(ii)        Immediately upon notification of absenteeism covered in 13.1 (i) above, the Supervisor of the relevant department shall request overtime coverage, four (4) weeks prior to the absenteeism, and notify the relevant delegate.

 

(iii)       It is agreed the Company requires one week’s notice prior to the commencement of the absenteeism to arrange casual employee coverage.

 

(iv)       Such employees will be engaged by the hour and may be dismissed or leave the Company’s service with one day’s notice on either side.

 

13.2      A casual employee is one engaged and paid as such.  A casual employee, for working ordinary time, shall be paid, per hour, the hourly rate prescribed in this Award for the work which he or she performs, plus 15 per cent loading, plus one-twelfth of the annual leave component for all ordinary hours worked in conformity with the Annual Holidays Act 1944.

 

13.3      Work in excess of normal daily hours shall attract the relevant overtime penalty.

 

13.4      The employment of casuals under the terms of Sub-Clause 13.1 will be consulted with the Work Group prior to such employment.

 

14.  Fixed Term Employment

 

14.1      A fixed term employee is one engaged after consultation and agreement with the Work Group and delegates and paid as such to work as additional labour required to cover project work for a minimum period of one month, to a maximum of nine months.  The position becomes permanent if employment continues after nine (9) months, excluding Maternity Leave.

 

14.2      An employee so engaged shall be paid per hour the hourly rate prescribed by this Award for the level of skills in which the employee is competent and is engaged.

 

14.3      An employee engaged as a fixed-term employee shall be entitled to payments in respect of overtime rates, annual leave, sick leave, public holidays and superannuation arising under this Award.

 

14.4      Service as a fixed term employee will be considered when applying for a permanent position, provided that the employment of fixed term employees does not deprive permanent employees of the opportunity for promotion or training.

 

15.  External Contractors

 

15.1      External contractors may be employed for special projects, capital works and during plant maintenance programs.  However, the use of contractors will be done with due regard to any restrictions on overtime and the skills available on site.

 

16.  Meals & Crib Breaks

 

16.1      Eight-(8) Hour Shift Employees:

 

(a)        Meal breaks shall, by agreement through consultation, be staggered to ensure operations are continuous.  Provided there is no interruption to services available to internal and external customers, a meal break of 20 minutes will be paid in each shift, when the shift exceeds four hours for employees working within the scope of the payment structure in Clause 10, Wages, and 30 minutes for employees working within the scope of the payment structure in Clause 11, Salaries.  Breaks for meals should occur at a mutually-agreed time and not beyond six (6) hours from the normal time of commencing work.  If the employee, after notifying the Supervisor, is unable to take a break prior to it falling due, the employee shall be paid overtime rates until the end of shift or until a break is taken.

 

(b)        Rest Breaks:

 

(i)         An employee shall be given a rest break of ten minutes each shift.

 

(ii)        The time of taking a rest break shall, by agreement through consultation, be staggered to meet operational requirements.

 

16.2      An employee required to work overtime for four hours or more following his/her normal shift, shall be entitled to take a 20-minute paid meal break prior to commencement of overtime and each 4 hours thereafter.

 

16.3      An employee required to work an overtime shift, being a normal work day, shall be entitled to the normal meal break of that shift.

 

16.4      Meal Dockets:

 

(a)        Where an employee is required to work overtime following his/her normal shift, one (1) meal ticket will be issued to the employee for each crib break allowable and taken as set out in Sub-Clause 2. of this Clause 16.

 

(b)        Sub-Clause 4. (a) of this Clause 16 will not apply:

 

(i)         when hours are rostered, or

 

(ii)        when the employee is given more than twenty-four (24) hours’ notice before beginning the overtime shift.

 

(c)        Overtime subject to Sub-Clause 3. of Clause 16 - one (1) meal ticket will be issued per normal meal break.  This Sub-Clause will not apply:

 

(i)         when hours are rostered, or

 

(ii)        when the employee is given more than twenty-four (24) hours’ notice before beginning the overtime shift.

 

16.5      12-Hour Shift Employees:

 

(Refer APPENDIX C - 3. Meal Breaks (a), (b), (c), (d), (e)).

 

17.  Call-Out

 

17.1      For the purposes of this Clause, a "call-out" may be defined as a call-out to work for the purpose of satisfying short-term emergency work, that otherwise could not be postponed until commencement of the next regular shift.  The scope of work shall be communicated to the employee prior to his/her presentation for work. Should there eventuate a continuation of only the original initial emergency work during the call-out period, the employee called out is obliged to fulfil those duties.  In the event of a further non-related emergency arising, the employee, with Management, will decide the magnitude of the emergency and together they will make appropriate arrangements to accommodate such.  If, after he four (4) hours time period (Refer Sub-Clause (2) of Clause 17 of this Award) has elapsed, the employee, with Management, will decide the magnitude of the remaining work and together they will make appropriate arrangements to accommodate completion.

 

17.2      An employee called-out from home to work shall be paid a minimum of four [4] hours at the relevant rate.

 

17.3      If such call-out is on a Saturday, Sunday or Public Holiday it shall be paid at the relevant overtime rate.

 

17.4      If a call-out is cancelled by the Company less than one hour prior to work commencing, the relevant minimum payment of four hours will apply.

 

18.  Public Holidays

 

18.1      Employees shall be entitled to Public Holidays, without loss of pay, as follows:

 

18.2      New Year’s Day,  Australia Day,  Good Friday,  Easter Saturday,  Easter Monday,  Anzac Day,  Queen’s Birthday,  Labour Day,  Christmas Day and Boxing Day, together with any other days which may be proclaimed as Public Holidays for the State and observed in the locality where the Enterprise Award operates.

 

18.3      The Picnic Day shall, for the purposes of this Award, be regarded as a Public Holiday.  The Picnic Day shall be the first Monday in December or such other day as agreed.

 

18.4      (Refer APPENDIX C. - 4. Public  Holidays - (a), (b), (c)).

 

19.  Requirement to Work in Accordance With the Needs of the Industry

 

19.1      The employer may require any employee to work reasonable overtime, including work on Saturdays, Sundays and holidays, at the rate prescribed by the Award and, unless reasonable excuse exists, the employee shall work in accordance with such requirements.

 

19.2      An employee shall work shift work if required, within his/her relevant Work Group.

 

19.3      An employee shall be given at least five (5) ordinary working days’ notice if required to work shift work.   Notice less than one week may be given by agreement between the employer and employee, within his/her relevant Work Group, but still attract relevant penalty rates.

 

20.  Annual Leave

 

20.1      As per the Annual Holidays Act 1944.

 

20.2      12-Hour Shift Workers:

 

(Refer APPENDIX C. - 5. Annual  Leave - (a), (b)).

 

21.  Annual Holidays Loading

 

21.1      In this Clause the Annual Holidays Act 1944 is referred to as the Act.

 

21.2      Prior to taking annual leave, the employee shall be paid a loading determined in accordance with this Clause.

 

21.3      The loading is payable in addition to the pay for the period of annual leave taken.

 

21.4      The loading is the amount payable for the period or the separate period, at the rate per week of 17.5 per cent of the ordinary pay of the employee immediately before commencing annual leave.

 

21.5      When the employment of an employee is terminated by the employee, and at the time of the termination the employee has not been given and has not taken annual leave entitlement, the employee shall be paid annual leave entitlements and loading.

 

21.6      Where the employment of an employee is terminated  by the employer, for misconduct, annual leave loading shall not apply.

 

21.7      An employee who is given and takes annual leave and who would have worked as a shift worker but for the leave, shall be paid the higher of:

 

(a)        the amount to which the employee would have been entitled by way of shift allowances and weekend penalty rates for the ordinary time (not including time on a holiday) which the employee would have received during the period of the holiday; or

 

(b)        the annual leave loading calculated in accordance with this Clause.

 

22.  Long Service Leave

 

22.1      As per the Long Service Leave Act 1955.

 

23.  Sick Leave

 

23.1      Annual Entitlement - Employees who have completed three months’ service who are unable to attend for work due to personal illness or personal injury shall be entitled to 80 hours’ paid sick leave per annum.  Management may request, and the employee is obliged to provide, a medical certificate where the employee is absent for longer than one day.

 

23.2      Upon completion of three months’ service the employee may apply for payment of any unclaimed sick leave in respect of which payment was not made.

 

23.3      Each employee shall have their common date of sick leave allowance provided on 1st January each year.

 

23.4      The employee shall where possible, within at least two hours prior to the commencement of such absence, notify the employer of his/her inability to attend for duty and as far as possible state the nature of the illness or incapacity and the estimated duration of the absence.

 

23.5      Sick leave shall accumulate from year to year so that any balance of leave not taken in any one year may be taken as sick leave in any subsequent year or years.

 

23.6      The employer will monitor absences and in instances where an individual employee continually abuses sick leave provisions, Management will have the discretion to recommend disciplinary action.

 

23.7      12-Hour Shift Workers:

 

(Refer APPENDIX C - 6.  Sick Leave).

 

24.  Other Leave

 

24.1      Jury Service:

 

(i)         An employee shall immediately notify the employer of the date upon which he/she is required to attend for Jury Service.  Further, the employee shall give the employer proof of his/her attendance, the duration of such attendance, and the amount of remuneration received in respect of such Jury Service.

 

(ii)        An employee, other than casual employees, required to attend for Jury Service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such Jury Service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on Jury Service.

 

24.2      Bereavement Leave:

 

(i)         An employee, other than a casual employee, shall be entitled to up to three [3] days’ bereavement leave without deduction of pay on each occasion of the death in Australia of a person prescribed in Sub-Clause (iii) of this Clause.  Where the death of a person as prescribed by the said Sub-Clause (iii) occurs outside Australia, the employee shall be entitled to an additional three (3) days’ bereavement leave where such employee travels outside Australia to attend the funeral.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide, to the satisfaction of the employer, proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of personal / carer’s leave, as set out in Sub-Paragraph (ii) of Paragraph (c) of Sub-Clause (1) of Clause 36.

 

Personal /Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this Clause during any period in respect of which the employee has been granted other leave.

 

24.3      Parental Leave:

 

An employee, other than a casual employee, shall be entitled to parental leave in accordance with Section 53 of the Industrial Relations Act 1996.

 

24.4      State Emergency Service:

 

(i)         For State Emergency Service duty an employee, being a member of the State Emergency Service, other than a casual employee, may be allowed reasonable time off work without loss of income when a State Emergency is declared.

 

(ii)        The employee must notify Management as soon as practicable, of the intention to take time off under this Clause and will provide, to the satisfaction of Management, proof of his/her participation in the Declared State Emergency.

 

25.  Occupational Health and Safety

 

25.1      Management and employees have agreed to work together to continue to improve Occupational Health and Safety performance, thereby reducing costs and time losses, in accordance with the Occupational Health and Safety Act 1983 as amended.

 

25.2      All work-related incidents and/or injuries must be reported to the appropriate Supervisor/Manager, using the Company Incident Report form.

26.  Job Transportation

 

26.1      When employees are required to travel to and from work in the employer’s vehicle, the employer shall provide the vehicle with suitable seating accommodation, together with a canopy to protect the employees from the weather.

 

27.  Contract of Employment

 

27.1      Except as provided in Clause 13, Casual Employment, employment on a weekly basis shall be covered by Clause 10, Wages, and on a monthly basis by Clause 11, Salaries.

 

27.2      Employees shall perform such work as the employer shall, from time to time, reasonably require and an employee not attending for or not performing the duty shall lose pay for the actual time of such non-attendance or non-performance.

 

27.3      Notice on Termination of Employment:

 

(a)        Employment shall be terminated by a week’s notice on either side, given at any time during the week or by the payment or forfeiture of a week’s wages, as the case may be, for employees covered by Clause 10, Wages.

 

(b)        Subject to the above, 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, for employees covered by Clause 11, Salaries.

 

(c)        During the probationary period such employment may be terminated at any time by either party with the giving of one week’s notice prior to the completion of the probationary period.

 

27.4

 

(a)        This Clause shall not affect the right of the employer to deduct payment for any day or portion thereof during which the employee is stood down by the employer as the result of refusal of duty or misconduct on the part of the employee.

 

(b)        This Clause shall not affect the right of the employer to dismiss an employee without notice for refusal of duty (other than on Occupational Health & Safety grounds) or misconduct and, in such cases, the wages shall be payable up to the time of dismissal only.  In these situations the reasons for dismissal will be discussed with the union delegates.  In the event of there being unresolved issues relating to such dismissal, it is agreed the employee be stood down for three days on full pay whilst these issues are resolved.  In the event the dismissal stands, the three-day stand-down pay shall form part of the notice referred to in Sub-Clause 27.3 of this Clause.

 

27.5      Misrepresentation or non-disclosure of previous medical and/or employment history which may affect the employee’s capabilities under multi-skilled and flexible employment opportunities shall be considered as reasons for termination of employment.

 

27.6      For the purpose of this Clause, continuous service shall be deemed not to have been broken by:

 

(i)         any absence from work on leave granted by the employer; or

 

(ii)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall, in each case, be upon the employee); provided any time so lost shall be taken into account in computing the qualifying period of three months.

 

(iii)       A Letter of Appointment will be issued to all new employees, other than casuals, and an acceptance of the terms and conditions of employment will be signed by the employee.

 

27.7

 

(i)         Where permanent employees are retrenched or made redundant they will receive a benefit of four weeks’ wages for each completed year of service, to a maximum of 32 weeks.

 

(ii)        In addition, a retrenched or redundant employee will also receive pro rata long service leave after five (5) years service and accrued annual leave plus loading.

 

(iii)       Security of Employment.

 

(a)        It is proposed that through the limited use of casuals where genuinely necessary, significant fluctuations in numbers of permanent employees will cease during the life of this Agreement.

 

(b)       Security of employment is important for improving working relationships, trust and co-operating with change.  We do not want an environment where everyone is working in fear of losing their employment.  We want an environment where people focus on doing their jobs safely and well, implementing improvement actions, adapting swiftly to change and caring for the business.  Real employment security will only be achieved by successful business performance.  Working together in implementing change and improvement, will maximise the security for everyone.

 

(c)        It is not the Company's intention to have any forced retrenchments during the life of this Agreement.

 

(d)       While workplace change, new technologies and changes in operations will be ongoing, every opportunity will be taken to effect changes through voluntary means and natural attrition.

 

(e)        The parties agree that any changes in the area of employment shall be handled in the following manner:

 

1.          Employees shall be offered other available permanent full time positions.

 

2.          An employee’s skills shall be further reasonably developed to improve flexibility.

 

3.          Employee numbers shall be reduced if required, by natural attrition.

 

4.          Voluntary Retirement Schemes may be used in preference to forced redundancies.

 

(f)        If the above steps do not resolve the situation, both parties agree to  enter further discussions with a view to resolving the situation to the satisfaction of both parties.

 

28.  Time and Payment of Wages

 

28.1      All employees shall be paid not later than Thursday of each week, for work up to and including the previous Friday night shift for employees covered by Clause 10, Wages and Clause 11, Salaries.

 

28.2      All monthly paid employees shall be paid by the 15th day of each month for the period from the first day of that calendar month to the last day of that calendar month for employees covered by Clause 11, Salaries.

 

28.3      It is a condition of employment that payment of wages will be by electronic funds transfer.  Funds will be credited to the employee’s nominated Bank Account on normal pay days. Should electronic funds transfer be temporarily unavailable, payment will be made by means of Company cheque.  In these circumstances, the Company will organise prompt cheque cashing facilities.

 

28.4      Any alteration to, or enquiries regarding time sheets shall be notified to the employee prior to such alteration.

 

29.  Union Delegates

 

29.1      The Company recognises that up to five (5) union delegates may be elected by employees.

 

29.2      An employee appointed as a delegate shall, upon notification by the union to the employer, be recognised as the accredited representative of the union to which he belongs and shall be allowed reasonable time during working hours to submit to their employer matters affecting the employees they represent.

 

29.3      A delegate shall on request be allowed reasonable time during working hours to attend to job matters affecting the union.

 

29.4      Reasonable notice of intended absence and the duration of that absence will be given to the employer in order to properly cover the union delegate’s work.

 

29.5      A delegate shall be committed to following the Disputes Procedure under Clause 31 of this Agreement and shall remind the employees they represent to do so on all occasions.

 

29.6      Delegates shall demonstrate leadership, together with Management, in Occupational Health and Safety on site.

 

29.7

 

(a)        During the period of industrial strike action, one union delegate shall remain on site at all times.

 

(b)        During the period of industrial strike action, any issues arising shall be dealt with by agreement between management and the delegate on site.

 

30.  No Extra Claims

 

30.1      There shall be no further wage or salary increases during the term of this Award unless the official Australian CPI, as measured and published by the Australian Bureau of Statistics, in the 12-month period from 1st April, 2004, to 31st March, 2005, exceeds five per cent.

 

31.  Disputes Procedure

 

31.1      Any dispute arising from this Award shall be dealt with in accordance with the following procedure:

 

(i)         The matter shall first be discussed between the employee affected and the appropriate Supervisor.

 

(ii)        If not settled, the matter shall be discussed between the employee, the union delegate, the appropriate Supervisor and the Departmental Manager.

 

(iii)       If not settled, the matter shall be discussed between the union delegate, an organiser of the union, the Departmental Manager and the Manager Organisation Support.

 

(iv)       If not settled, either party may seek the assistance of the Industrial Relations Commission of New South Wales in resolving any dispute.

 

31.2      A maximum time limit of twenty-four (24) hours will apply to each step of the procedure set out in Sub-Clause 31.1 of this Clause.

 

31.3

 

(a)        While the matter in dispute is being discussed in accordance with the Dispute Procedure, work shall continue and the status quo, as applying before the dispute, shall be maintained.  No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this Clause.

 

(b)        During periods of properly convened union meetings, it is agreed that despatch/sales loaders shall continue to operate to meet customer orders/take-off demands.  Failure to comply with this Sub-Clause shall result in non-payment for the duration of absence from work duties for meeting attendance.

 

31.4      Twenty-four (24) hours’ notice of intended industrial action shall be given to Management in order that representatives of both parties shall meet to attempt to resolve the issue.

 

31.5      If industrial action is taken after all steps defined in this Clause have failed to reach resolution, it is agreed that the minimum level of activity defined in Clause 32 - Essential Services, shall be maintained at such times.

 

32.  Essential Services

 

32.1      Objectives of this Clause:

 

(i)         The parties understand that only by delivering Essential Services can the Company achieve the desirable benefit of ongoing security of employment.

 

(ii)        The obligations imposed by this Clause apply to all parties at all times, regardless of the reasons, the nature or the extent of, industrial action, other than serious safety or environmental issues affecting employees in Essential Service activities.

 

(iii)       The obligations imposed by this Clause require that employees covered by this Clause perform as directed, the necessary work which is part of their usual duties, and be exempt from industrial action.

 

32.2      Slag Handling:

 

(i)         Slag Handling Essential Services shall be defined as "those activities associated with the handling and removal of Slag from the Blast Furnace and BOS sites, in a safe and environmentally compliant manner that does not impede upon BSL’s operations".

 

(ii)        These activities include the ASMS Blast Furnace Department’s activities and transport of Blast Furnace and BOS material generated from the above operations and the management of incoming material storage.

 

(iii)       The following Operating Procedures define the level of activity per shift:

 

(A)      No.5 Blast Furnace and Air-Cooled Pits:

 

(a)        Three operators.

 

(b)        No.5 Blast Furnace will granulate to facilitate pit-digging only.

 

(B)       BOS:

 

(a)        One Pot Carrier Operator.

 

(b)        One Loader Operator.

 

(C)       No.6 Blast Furnace and Air-Cooled Pits:

 

(a)        Three Operators to service Furnace Floors and Pot Carriers.

 

(b)        One Operator to dig Pits as required, to accommodate safe Pit tipping.

 

(D)       Transport:

 

(a)        Three Drivers per shift.

 

(b)        The Three (3) Trucks to haul an equivalent quantity of slag from No.5 Blast Furnace and No.6 Blast Furnace as that to be dug from the respective pits.  This slag will be loaded from either stockpiles or directly from pits.

 

(c)        BOS Rubble and Clean Material will be hauled to maintain the agreed stockpile limit, having due regard to incoming material.  On reaching the agreed stockpile limit, seven (7) truck loads, or the equivalent of 350 tonnes, of both Rubble and seven (7) truck loads or the equivalent of 350 tonnes of Clean will be hauled per twelve (12) hour shift.

 

(d)        Skulls: Once the number of skulls stockpiled reaches sixteen (16) skulls (or more) during the course of the dispute, a maximum of four (4) skulls will be hauled per twelve (12) hour shift.

 

(e)        During the period of industrial strike action, one union delegate shall remain on site at all times.

 

(f)         During the period of industrial strike action, any issues arising shall be dealt with by agreement between Management and the delegate on site.

 

32.3      Maintenance and Refuelling:

 

(a)        Workshop:

 

One Boilermaker, one Fitter, one Auto Electrician, one Electrician, to be on standby on site in the case of an emergency and shall be paid at the appropriate  rate.

 

(b)        Furnace:

 

One Maintenance person to be on stand-by on site at all times during an industrial dispute for the purpose of breakdowns and safety requirements.

 

32.4      Refuelling:

 

(i)         One Refuelling vehicle and Operator as per normal shift.

 

(ii)        The machines to be greased and refuelled during an industrial dispute shall be Essential Services machinery such as to maintain current requirements under this Clause.

 

32.5      Environmental Requirements:

 

Water Truck and/or Road Sweeper - one Operator  as per EPA’s Environmental requirements.

 

32.6      Any new Contracts won by ASMS with BSL that includes the need to provide Essential Services, to be discussed between Management and the union and should be added to this Award through exchange of letters.

 

33.  Clothing

 

33.1      Personal Protective Safety Clothing shall be issued as required, to meet relevant Departmental Personal Protective Equipment Policies.

 

33.2      New employees shall be provided with the following Personal Protective Safety Clothing as a minimum:

 

(a)        Four pairs of socks;

(b)        Four shirts;

 

(c)        Four pairs of trousers;

 

(d)        One coat or two jumpers;

 

33.3

 

(a)        The ongoing allocation of Personal Protective Safety Clothing to be worn by the employee shall operate under a points system.

 

The points allocated to each item of Safety Clothing are as follows:

 

Overalls	Cotton Drill	Navy	2
Shirts	Cotton Drill	Navy	1
		Flannel	1
Trousers	Cotton Drill	Navy	1
Jackets	Cotton Drill	Navy	2
	Bluey Jnr.	Navy	4
Sweat Shirt	Blue		2
Socks			0.5

 

(b)        For Furnace employees only -

 

Overalls	Cotton Drill	Navy	2
Shirts	Cotton Drill	Navy	1
	Flannel	Navy	1
	Wool	Navy	1
Trousers	Cotton Drill	Navy	1
	Wool	Navy	1
Jackets	Cotton Drill	Navy	2
	Bluey Jnr.	Navy	4
Sweat Shirt	Blue		2
Socks			0.5
T-Shirt	Wool	Navy	1

 

The agreed number of annual points for the terms of this Award is 14.

 

(c)        The issue of work appropriate Safety Footwear will be on a needs/replacement basis.

 

33.4      The issue of this Safety Clothing is an obligation on the employee that such clothes will be correctly worn during employment in the employer’s operations.  If the employee presents for work without appropriate clothing they may be stood down until their next shift or the next day.  Repeated occurrences shall be grounds for disciplinary action.

 

33.5      There will be a clothing allowance for female office employees, as set out in 3 (a) - (b) of Table 3 - Salaries, of Part B, Monetary Rates.

 

33.6      All Personal Protective Clothing shall comply with relevant Personal Protective Equipment Safety Standards as from time to time may prevail.

 

34.  Leave Reserved

 

34.1      Should significant matters or changes occur during the currency of this Award, it is agreed that an exchange of letters between the Company and the union will be implemented to cover agreed matters.

 

35.  Superannuation

 

35.1      The employer shall contribute to a Superannuation Fund, which complies with the Act and Regulations, on behalf of each eligible employee, a superannuation contribution of  nine (9) per cent  of such eligible employee’s ordinary-time earnings from the date of operation of this Award, and shall be varied during the term of this award, according to relevant changes to the Act and Regulations.

 

36.  Personal/Carer’s Leave

 

36.1      Use of Sick Leave:

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person as set out in Sub-Paragraph (ii) of Paragraph (c) of this Sub-Clause who needs the employee’s care and support shall be entitled to use, in accordance with this Sub-Clause, any current or accrued sick leave entitlement, provided for in Clause 23 - Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish, either by production of a medical certificate or Statutory Declaration, the illness of the person concerned and that the illness is such as to require care by the employee.  In normal circumstances, an employee must not take carer’s leave under this Sub-Clause where another person has taken leave to care for the same person.

 

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

 

(i)         the employee being responsible for the care of the person concerned, and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a defacto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step-child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian),  grandparent, grandchild or sibling of the employee; or spouse or defacto spouse of the employee; or

 

(d)        a same-sex partner who lives with the employee as the defacto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household where, for the purposes of this paragraph:

 

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

 

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

 

(3)        "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

36.2      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 Sub-Paragraph (ii) of Paragraph (c) of Sub-Clause (1) of this Clause, who is ill.

 

37.  Anti-Discrimination

 

37.1      Refer to Appendix B.

 

38.  Union Dues Deduction

 

38.1      The Company shall deduct union membership fees (not including fines and levies) from the pay of an employee, provided that:

 

(i)         the employee has authorised the Company to make such deductions in accordance with Sub-Clause 2 herein;

 

(ii)        the union shall advise the Company of the amount to be deducted for each pay period applying at the Company's workplace and any changes to that amount;

 

(iii)       deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee, and

 

(iv)       there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

38.2      The Employee’s Authorisation Shall be in Writing and Shall Authorise the Deduction of an Amount of Union Fees (Including Any Variation in that Fee Affected in Accordance With the Union’s Rules) that the Union Advises the Company to Deduct.

 

38.3      Monies so deducted from employees’ pays shall be remitted to the union on a monthly basis, together with the necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts.

 

38.4      The union shall advise the Company of any change to the amount of membership fees made under its rules, provided it does not occur more than once in any calendar year.  The union shall give the Company a minimum of two months’ notice of any such change.

 

38.5      An employee may at any time revoke in writing, an authorisation to the Company to make payroll deductions of union membership fees.

 

39.  Other

 

39.1      As soon as possible, but no later than six (6) months after ratification of this Award by the Industrial Relations Commission , the Company and employees shall conclude an Incident Procedure and outline a clear definition of the Employee Warning System.

 

39.2      The Parties to this Enterprise Award agree to commence negotiating the revision of appropriate clauses six (6) months prior to the expiry date of this Award.

 

39.3

 

(a)        The Company agrees to explore the option of a Wage Sacrifice Arrangement (WSA) for implementation into the ASMS Enterprise Award as Amended 2005.

 

39.4      The Company agrees to recognise adherence to this Award by providing a Christmas Hamper to all current employees subject to this Award.

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances for Shift Workers

 

Item	Brief Description	Amount
No.		$
1	Shift workers working rotating shifts -	Per 38-hr Week
	First pay period commencing:
	on or after 1/ 4/03	164.80
	on or after 31/ 3/04	171.39
2	Shift workers working shift work involving regular weekly changes -	Per 38-hr Week
	First pay period commencing on or after 1/ 4/03:
	i) Day shift, night shift
	ii) Day shift, afternoon shift	164.80
	iii) Day shift, day shift, afternoon shift	137.35
	iv) Day shift, day shift, night shift	137.35
		137.35
	First pay period commencing on or after 1/ 4/04:
	(i) Day shift, night shift
	(ii) Day shift, afternoon shift	171.39
	(iii) Day shift, day shift, afternoon shift	142.84
	(iv) Day shift, day shift, night shift	142.84
		142.84
3	Shift workers working -	Per 38-hr Week
	From first pay period commencing on or after 1/ 4/03:
	(i) Night shift, afternoon shift	137.35
	(ii) Night shift only	164.80
	(iii) Afternoon shift only	164.80
	First pay period commencing on or after 1/ 4/04:
	(i) Night shift, afternoon shift	142.84
	(ii) Night shift only	171.39
	(iii) Afternoon shift only	171.39
4	Employees working shift work for one or more weeks during their normal
	four-week cycle -
	First pay period to commence on or after 1/ 4/03:	46.71
		per shift
	First pay period to commence on or after 1/ 4/04:	48.58
		per shift

 

Table 2 - Wages

 

	Brief Description	Amount
		$
	Period to 1/ 4/03 to 31/ 3/04	Per 38-hr Week
(1)	(a)  Entry Level	19.42  per hour
	(b)  Operator Level 1	19.64  per hour
	(c)  Operator Level 2	21.47  per hour
	(d)  Operator Level 3	22.18  per hour
	(e)  Operator Level 4	23.17  per hour
	(f)  Operator Level 5	24.17  per hour
	(g)  Leading Hand	12.34  per shift
	(h)  Relief Supervisor	3.26  per hour
	(i)  Tool Allowance	11.65  per week
	(j)  Electrical Licence	27.99  per week
	(k)  Meal ticket	9.90  per ticket
	Period to 1/ 4/04 to 31/ 3/05	Per 38-hr week
(2)	(a)  Entry Level	20.19  per hour
	(b)  Operator Level 1	20.42  per hour
	(c)  Operator Level 2	22.32  per hour
	(d)  Operator Level 3	23.06  per hour
	(e)  Operator Level 4	24.10  per hour
	(f)  Operator Level 5	25.10  per hour
	(g)  Leading Hand	12.83  per shift
	(h)  Relief Supervisor	3.39  per hour
	(i)  Tool Allowance	12.11  per week
	(j)  Electrical Licence	29.11  per week
	(k)  Meal ticket	10.30  per ticket

 

Table 3 - Salaries

 

Brief Description		Amount				Amount Per Annum At
		Per Hour				38 Hours Per Week
		$				$
1.	Effective first pay period to commence on or after 1/ 4/2003 to 31/ 3/2004
(a)	Entry Level	19.42			$ 38,374
					Probation
(b)	Level 1	19.64			$ 38,809
					Training for a higher level
(c)	Level 2	21.47			$ 42,425
					Laboratory Technician
(d)	Level 3	22.18			$ 43,828
					Laboratory Technician with
					NATA for all tests
(e)	Level 4	23.17			$45,784
(f)	Quality Management Officer	27.02			$ 53,392
(g)	Product & Process Engineer	29.41			$ 58,114
(h)	Leading Hand	per week		$61.72
(i)	Relief Supervisor	per hour		$3.26
(j)	Meal Ticket	per ticket		$9.90
2.	Effective first pay period to commence on or after  1/ 4/2004 to 31/ 3/2005
(a)	Entry Level	20.19	$ 39,895
			Probation
(b)	Level 1	20.42	$ 40,350
			Training for a higher level
(c)	Level 2	22.32	$ 44,104
			Laboratory Technician
(d)	Level 3	23.06	$ 45,567
			Laboratory Technician with
			NATA for all tests
(e)	Level 4	24.10	$47,622
(f)	Quality Management Officer	27.02	$ 53,392
(g)	Product & Process Engineer	30.58	$ 60,426
(h)	Leading Hand	per week	$ 64.19
(i)	Relief Supervisor	per hour	$ 3.29
(j)	Meal Ticket	per ticket	$10.30
3.	Clothing allowance for female office employees -
(a)	Effective 1/ 4/03 to 31/ 3/04		$ 463.12  per annum
(b)	Effective 1/ 4/2004 to 31/ 3/2005		$ 486.65  per annum

 

Appendix A

 

Integrated Work Groups

 

It is agreed that the development of integrated work groups is a key to the future of the organisation and its employees.  To this end the organisation supports the concept that people need to have responsibility and authority to control the things which impact on their jobs, and therefore, should be promptly and adequately informed on the matters impacting on their work groups.  Equally group members have a responsibility to seek out information that is important to team effectiveness.

 

Groups given the resources and authority to make decisions have responsibility for the outcome they control.

 

It is accepted that groups may require training to accept the responsibilities recognised as appropriate for the group and such training will be provided through the training plan.  The group will decide when it is ready to accept the responsibilities.  In order to understand decision making and responsibility, four key areas of decision making and responsibility, reflecting the interaction between the organisation and the work groups, have been defined as follows:

 

Managerial Decision-Making - This process would involve management making decisions in some areas and keeping the groups informed of these decisions and any matters arising as a result.

 

Joint Decision-Making - This process would involve a process of shared agreement being reached by management and the work groups before any action was taken.

 

Participative Decision-Making - This process involves work groups taking total responsibility for decision making without any prior reference to management.

 

Consultative Decision-Making - This process would involve management seeking workforce/team input on organisational issues; however, management would make the final decision and take responsibility.

 

1.          Consultation Approach:

 

1.1        The consultation process defined in the context above should be broad and widespread, and must be entered in good faith with a genuine approach to reach a resolution.

 

1.2        The consultation process provides the "opportunity" for those concerned to contribute to the Management decision-making process.

 

1.3        Consultation involves all relevant parties being afforded an opportunity to understand the nature and impact of a proposed change, contributing their considered opinion, and receiving a fair consideration of their contribution before Management makes the final decision on the implementation of change.

 

1.4        However, if that opportunity is abused or abandoned, Management can only consider the (limited) contribution in the decision-making process.

 

1.5        Consulting "for as long as it takes" is not conducive to genuine consultation.

 

1.6        Improvement changes are continual.  However, the Company cannot be constrained and subject to "paralysis by consultation".

 

1.7        The following is a recommendation of a simple process for an effective consultation process in the decision-making process.

 

2.          Consultation Period:

 

2.1        Change at ASMS is inevitable and is necessary to ensure its ongoing viability.

 

2.2        The Company does not propose to "consult to death" an issue where change is required for Occupational Health & Safety reasons, efficiency and productivity improvements or compliance.

 

2.3        Parties involved in the consultation process must have the authority to agree and to bind their respective constituency.

 

2.4        The Company considers a maximum period of one (1) month of genuine consultation in good faith is sufficient to arrive at a resolution.

 

2.5        However, it may well be that the significance of an issue will demand protracted consultation.

 

2.6        In the event that at the end of the consultation process, both parties agree the consultation process is progressing, an agreed additional timeframe may be invoked.

 

3.          The Consultation Process

 

3.1        This process does not embrace the adherence to otherwise agreed practice or elements contained within the ASMS Enterprise Award.

 

3.2        Management shall notify union delegates of a proposal to bring about workplace change.

 

3.3        Within five (5) working days after notification, Management shall provide delegates with a written proposal and the proposal rationale.

 

3.4        A Consultation Meeting between Management and an employee representation delegation shall be convened within five (5) working days after step 4.3, to afford employees a fair opportunity to develop a considered response, in writing, to the proposal.

 

3.5        At the initial Consultative Meeting, Management will table and discuss the proposal and rationale. Delegates will, in turn, table the response and any counter-proposal.

 

3.6        Consultative Meetings should be structured to ensure they do not to extend beyond one (1) hour.

 

3.7        Both parties will engage the consultation process in good faith and with a genuine attempt to resolve any differences.

 

3.8        When, at any point in the process, agreement is achieved, (such agreement shall be recorded in the Meeting Minutes), Management will swiftly implement the decision within the agreed timeframe.

 

3.9        In the event the implementation process is frustrated, an immediate resumption of consultation should commence.

 

3.10      In the event an agreed position cannot be achieved in the initial meeting (Step 4.5), both parties are to be provided further time to reconsider their proposal/response, and convene a second Consultative Meeting within five (5) working days (maximum).

 

3.11      Repeat step 3.10 if agreement is not reached after the second Consultative Meeting.

 

3.12      If, after the third Consultative Meeting and the process fails to reach agreement, and it is accepted as pointless to pursue the matter further, (now twenty (20) working days has elapsed), either party shall notify the other in writing by 5.00 pm the following day that the consultative process is considered exhausted and also the rationale behind the decision.

 

3.13      Alternatively, where further meetings are agreed to be worthwhile, additional meetings will be convened within five (5) working days maximum, until either party feels the process is exhausted, or an implementation decision is achieved.

 

3.14      After all attempts to come to agreement have failed and the consultation process is exhausted, the Company may assess/modify the proposal, taking into account any progress achieved through the consultative process with a view to implementation.

 

3.15      Through the Consultation Process period the status quo will remain (as per Clause 33.3 of the ASMS Enterprise Award) and there will be no industrial action.

 

3.16

 

(i)         However, prior to implementation the Company will notify delegates by 5.00 pm the following day from the last Consultative Meeting of a "cooling off" period of five (5) working days, in which both parties will have a period to consider their respective positions.

 

(ii)        This may require the matter to be referred to the NSW Industrial Relations Commission.  Notification would need to be sufficiently early for the matter to be heard during the "cooling off" period.

 

3.17      Where the issue is considered so significant as to seek outside assistance to achieve a resolution, a Notice of Dispute is filed before the NSW Industrial Relations Commission.  The Commission may Direct/ Recommend both parties to further consultation if it believes the consultation process has been prematurely concluded.

 

3.18      The proposed changes shall proceed to implementation where:

 

(i)         There is agreement to change, or

 

(ii)

 

(a)        Consultation is declared exhausted, and At the conclusion of the "cooling off" period, or

 

(iii)       It is an outcome of proceedings in the Commission.

 

Will ASMS consult with workforce on the proposal?

NO

>

<

Implement

YES

Notify Delegates

Within 5 working Days

>

Provide delegates with written proposal and rationale

Within 5 working Days

>

Initial consultative meeting

Agreement?

YES

>

Within 5 working Days

>

NO

Consultative meeting #2

Agreement?

YES

>

Within 5 working Days

>

NO

Consultative Meeting #3

Agreement?

YES

>

NO

Further Consultation?

YES

By 5pm Next Day

>

<

NO

>

Consultation Extension

<

Notification in writing that consultative process is exhausted and rationale

Agreement?

>

Invoke "Cooling-off" period 5 Working Days

NO

YES

Agreement?

YES

>

NO

>

IRC Recommendation/Decision to Implement?

NO

YES

 

Appendix b

 

ANTI-DISCRIMINATION

 

1.          It is the intention of the parties bound by this Award to seek to achieve the object in Section 3 (f) of the Industrial Relations Act 1996, to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

2.          It follows that in fulfilling their obligations under the Dispute Resolution procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

3.          Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in, a complaint of unlawful discrimination or harassment.

 

4.          Nothing in this Clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

5.          This Clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this Clause.

 

NOTES:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56 (d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing the Act affects.... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

Appendix C

 

TWELVE (12)-HOUR SHIFT DETAILS

 

1.          Objective:

 

This Appendix is to highlight those specific Clauses referring to Twelve (12) Hour Shift Employees.

 

2.          Hours: (Refer Clause 6.5)

 

Twelve (12)-Hour Continuous Shift Operation:

 

(a)        The ordinary hours of duty will be twelve (12) hours each shift.  The hours rostered will average forty-two (42) hours per week over the roster cycle of four (4) weeks, except for those employees who work an eight (8)-week cycle.

 

(b)        Day shift will commence at 6.00 a.m. and conclude at 6.00 p.m.

 

(c)        Night shift will commence at 6.00 p.m. and conclude at 6.00 a.m. the next day.

 

(d)        All employees must be on the job and ready for work and to have relieved the previous shift, by the designated start-time, as appropriate.

 

(e)        Furnace Department employees shall work a shift overlap of twenty (20) minutes, to ensure transfer of operational information.

 

(f)         Relief on the job: In the event the incoming shift relief at the Furnace Department does not arrive, employees may be required to remain on the job until a replacement is arranged, to provide continuity of production or service, or for up to a maximum of two (2) hours.

 

3.          Meal Breaks: (Refer Clause 16.5)

 

(a)        Two (2) thirty-five minute meal breaks may be taken and shall be counted as time worked.   These breaks should be arranged so they are taken approximately four [4] hours apart, at a time to best suit the needs of the operation.

 

(b)        An employee required to work an overtime shift shall be entitled to the normal meal breaks of that shift.

 

(c)        Two (2) meal dockets will be issued per 12-hour overtime shift.

 

(d)        Sub-Clause 5. (c) of Clause 16. will not apply where the employee has been notified twenty-four (24) hours prior to the shift required to work.

 

(e)        Meal Ticket rate - an amount per ticket, as set out in (1-2) (k) of Table 2 - Wages, of Part B, Monetary Rates, and (1-2) (j) of Table 3 - Salaries, of Part B, Monetary Rates.

 

4.          Public Holidays: (Refer Clause 18.4)

 

(a)        Shift Workers rostered off on a Public Holiday will accrue an additional day off, or if requested by the employee, be paid out as hours within that pay period.

 

(b)        An employee may accrue an unpaid Public Holiday, provided that, at any one time, up to a maximum of four [4] accrued unpaid Public Holidays may be accumulated.

 

(c)        Where an employee intends to take accumulated unpaid Public Holidays, a written application form must be submitted prior to and approved by the employee’s Supervisor/Manager, in writing, giving at least twenty-four (24) hours’ notice.

 

5.          Annual Leave: (Refer Clause 20.2)

 

(a)        Basis of Payment:

 

An employee’s annual leave entitlement is governed by the terms of the Annual Leave Act, which describes entitlements in "weeks".  The Act stipulates that an employee is entitled to "4 weeks" annual leave, plus an additional "week" for a year working a 7-day roster, totalling five (5) weeks per annum.

 

Payment for annual leave will continue to be paid according to the days rostered on to work during each week of annual leave (Pay by Roster).

 

(b)        Annual leave will be credited in weeks and when taken will be deducted by the week.

 

6.          Sick Leave: (Refer Clause 23.7)

 

One day is deemed twelve (12) hours paid and accrued at single time.

 

7.          Wages and Allowances:

 

Wages and Allowances payments subject to this Clause shall be calculated using the current payments formula.

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.