ONESTEEL TRADING PTY LTD NEWCASTLE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by OneSteel
Trading Pty Ltd for a new award.
(No. IRC 8210 of 2001)
Before The Honourable
Mr Deputy President Harrison
|
14 and 17 December 2001
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Basic
Wage
2. Definitions
3. Background
4. Best
Practice Principles
5. Classification
Structure
6. Wages
7. Contract
of Employment
8. Hours of
Duty
9. Shift
Work Allowances for Shift Workers
10. Night Work
for Day Workers and Day Shift Workers
11. Transfer
of Day Workers from Day Work to Shift Work
12. Transfer
of Shift Workers
13. Mixed
Functions
14. Special
Rates
15. Overtime
16 Requirement
to Work in Accordance with the Needs of Industry
17. Holidays
18 Saturday,
Sunday and Holiday Rates
19 Maximum
Payment
20. Employees
Presenting Themselves for Work and Not Required
21. Sick Pay
22. Long
Service Leave
23. Annual
Holidays
24. Parental
Leave
25. Jury
Service
26. Automation
27. Payment of
Wages
28. Miscellaneous
Provisions
29. Return of
Company's Property
30. Procedure
for Resolving Claims, Issues and Disputes
30A. Anti-Discrimination
31. No Extra
Claims
32. Labour and
Business Flexibility
33 Work Environment
34. Consultative
Process
35. Training
36. Employment
Security
37. Retention
of Rate
38. Area,
Incidence and Duration
39. Leading
Hands
40. Time and
Wages Book
41. Industrial
Relations
42. Personal/Carer’s
Leave
43. Flexible
Remuneration
44. Apprentices
45. Wage
Support for Periods of Extended Illness or Injury
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Appendix 1 - Redundancy
Part A
1. Basic Wage
This award, in so far as it fixes rates of pay, is made by
reference and in relation to the adult basic wage as set out in Part B,
Monetary Rates, of this Award.
The said basic wage is subject to variation in accordance
with the provisions of subclause (2) of clause 15 of Division 4 of Part 2 of
Schedule 4, Savings, Transitional and Other Provisions of the Industrial Relations Act 1996. Upon any such variation, rates of pay
prescribed by this award are subject to variation pursuant to section 15 of the
said Act to the extent necessary to give effect to the change in the said adult
basic wage.
2. Definitions
"Company" shall mean OneSteel Trading Pty Ltd at
its Newcastle Works located at Industrial Drive, Mayfield, NSW.
"Union" or "Unions" shall mean each,
some or all of the following industrial organisations of employees, as may be
relevant:
Australian Workers’ Union, New South Wales;
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales
Branch;
Construction, Forestry, Mining and Energy Union (New
South Wales Division); and
New South Wales Plumbers and Gasfitters Employees'
Union.
"Day Workers" are employees other than shift
workers, and include employees on night work within Clause 10, Night Work for
Day Workers and Day Shift Workers, of this award.
"Shift Workers" are employees working on a one,
two, or three shift system.
3. Background
The quest to become Internationally Competitive has long
been a dominant issue at Newcastle Works.
Facing the threat of closure back in 1982, the parties negotiated the
first of a series of Site Agreements designed to move the organisation towards
International Competitiveness. These
agreements chart Newcastle Work’s progress in terms of productivity improvement
throughout the 1980’s and into the 1990’s.
Much was achieved and they served both the Company and its employees
well.
Through participation in the Australian Best Practice
Demonstration Program and, in part as a consequence of extensive international
benchmarking, the parties came to the view that much more was needed to be
done. It was accepted that only substantial changes in work organisation could
deliver the required outcomes. While previous Site Agreements had resulted in
the introduction of some flexibilities they had not fundamentally addressed the
structure of the organisation and the inherent rigid cultural barriers.
Towards the end of 1993 the Company, employees and Unions
established a Joint Partnership, the aim of which was to develop a clear and
common understanding of both the business imperatives and human needs of
employees. Throughout the operations of the Joint Steering Team and the
Organisational Effectiveness Team, substantial resources were devoted to
redesigning the workplace.
A further significant step forward was taken in 1995 with
the making of a new Newcastle General Award.
For the first time in Newcastle Work’s history, all award employees who
are members of the Unions were covered under one Award. There were also substantial changes in the
terms and conditions of employment including a formal skilled based
classification structure.
Four years further on, the parties remain committed to the
goal of World’s Best Practice in the workplace. Much has been achieved since the making of the Award. In October 1995, the organisation structure
at Newcastle Works changed significantly and therefore, so did the leadership
of the change process. The Partnership
Team was formed to replace the Joint Steering Team. Though its purpose remained much the same as its predecessor, it
was designed to be smaller and more local - closer to the shop floor and more
able to facilitate real change.
The record would indicate that real changes have been
made. Productive performance as
measured by labour productivity demonstrates significant improvement. However, the parties acknowledge that
continued significant improvement in total productive performance remains the
key objective and that without such improvement the business cannot survive in
the long term.
In July 1997, the Partnership sought advice in relation to
the infrastructure and operation of Work Area Teams. The work done at this time with the assistance of consultants
from North America culminated in the production of our Design Document, the
intent of which is to provide employees with a reference to the principles and
roles we are seeking to develop with team based structures. It is, for the most part, recreated in Clause
4 - Best Practice Principles of this Award.
It not only serves as a common, agreed guide to the future, but also
updates the Best Practice Principles laid down when the Award was first made.
As we continue down this journey, it is clear that cultural
change of the nature we seek is achievable.
The challenge is to effect change on a large enough scale to enable a
change in culture to be converted into tangible and quantum improvements in
productive performance. In the life of
this Award, the success of our efforts in this regard will probably determine
the long term future of Newcastle Works.
4. Best Practice
Principles
(I) Vision
Secure the future of the business for the company and
its employees.
We will achieve our vision through a joint partnership
between Management, Employees and Unions.
(II) Design
Principles
(a) Safety is our
number one priority. We believe that
all injuries can be prevented.
(b) The Team Based
Approach is the best way to achieve our vision. This approach allows our people to utilise all their
capabilities.
(c) Day-to-day
decisions will gradually move to the floor level of the organisation because it
is there that the knowledge exists to make these decisions. People implementing decisions are capable of
making those decisions.
(d) Teams are
accountable for their outputs and the results of the decisions they are
empowered to make.
(e) We will
consistently produce quality outputs which meet or exceed our customers’
expectations.
(f) Honesty and
being straight forward are the key principles for everything that we do.
(g) We will
develop a skilled and flexible workforce through the application of a
comprehensive Training strategy.
(h) Shared
leadership will be developed at all levels of the organisation.
(i) To achieve
the vision it is recognised there must be a satisfactory return to
Shareholders.
(j) We will seek
to continuously improve the total productive performance of our business.
(k) Achieving the
vision, requires a positive contribution from all employees.
(l) The
Partnership recognises the need to meet business and human needs.
(III) Operating
Principles
(a) All employees
will work in Teams responsible for managing the daily activities of their part
of the business.
(b) Teams will
actively participate in the identification and correction of hazards and unsafe
behaviour.
(c) Teams will
effectively analyse and take action, within their area of responsibility, on
day-to-day issues relating to Production, Quality, Maintenance, Business
Performance, Human Resources, Housekeeping and the Environment. This principle applies to all Teams.
(d) Planning,
meeting, activity participation, decision making, coordinating and training are
integral parts of every employee’s job.
(e) All teams will
manage their areas through a STAR Point System.
(f) All employees
will actively be involved in the STAR System.
(g) Teams will be
responsible for broadening each Team Member’s skill profile to promote Team
Flexibility.
(h) All Teams and
Employees will ensure that all relevant information is shared within the works
to the maximum extent possible.
(i) All Teams
will operate within the boundaries of the On-line/Offline definitions.
On-line refers to any matter which relates to or
impacts directly on Total Productive Performance.
Off-line refers to the more traditional aspects of the
relationships between management, unions and employees. These include typical industrial relations
issues, matters related to wages and conditions, as well as disciplinary
issues, award interpretations and so on.
Distinct functional areas such as marketing and research and development
are also considered Off-line.
The purpose of the distinction between On-line and
Off-line is to:
prevent progress toward Best Practice being impaired by
traditional issues of conflict.
prevent Teams taking decisions which are the
responsibility of properly constituted Union meetings.
(IV) Partnership
Team
(a) Makeup
(i) Manager
Newcastle Works.
(ii) Personnel
Manager.
(iii) One
Representative of Departmental Managers.
(iv) Two
Representatives from the AWU.
(v) Two
Representatives from the AMWU.
(vi) One
Representative from the CEPU.
(vii) One
Representative from Weekly Staff.
(viii) Union officials
as required by the Membership.
(b) Roles
(i) Works in
accordance with the facility’s Design and Operating Principles.
(ii) Manages the
Works as a Team.
(iii) Plans
strategically for the future.
(iv) Manages
outcomes, not activities.
(v) Develops
Departmental Team and other employees.
(vi) Responds to
customer needs as a key priority.
(vii) Manages by
values and principles rather than rules and regulations.
(viii) Seeks
continuous improvement, challenges the status quo and innovations.
(ix) Balances
short-term considerations with long-term goals.
(x) Enlists others
in the vision of the desired future of the Works.
(xi) Educates and
communicates to others about the business, competitive positioning, making good
business decisions and the Works’ challenges and opportunities.
(xii) Links the
Works to external stakeholders.
(VI) Department
Teams
(a) Makeup
(i) Department Manager
(ii) One
Representative from each Work Area Team (the unions reserve the right to also
have delegate representation if it is not covered by the Work Area Team
Representatives).
(iii) Shift Support
will report to the Department Team and will attend Department Team Meetings.
(b) Roles
(i) Develops
Department objectives which are consistent with achieving the site vision.
(ii) Manages the
Department as a Team.
(iii) Reviews and
monitors progress of Work Area Teams.
(iv) Acts as a link
in the communication process.
(v) Takes
responsibility for the outcomes of the Department objectives.
(vi) Provides
leadership, guidance, support and feedback to Work Area Teams.
(vii) Provides
resources and assistance for the implementation of the process.
(viii) Promotes and
encourages Best Practice.
(ix) Educates the
Work Area Teams about the business, competitive positioning, makes good
business decisions, the Works’ challenges and opportunities and linking each
Work Area Team’s objectives to the business needs.
(x) Manages with
emphasis on the Design and Operating Principles.
(xi) Role Models
(Practice what you preach).
(xii) Resolves
conflicts (on-line issues only).
(xiii) Works together
to achieve trust.
(xiv) Liaise with
other Department Teams and Work Area.
(VII) Work Area Team
(a) Makeup
(i) A logical,
identifiable area with clearly defined inputs and outputs in which a group of
people can work as a Team, with the potential to become self directed.
(b) Roles
(i) Works in
accordance with the facility’s Design and Operating Principles.
(ii) Manages the
day-to-day business operation within its area of responsibility.
(iii) Continually
educates itself about the business.
(iv) Ensures that
its objectives and focus are linked to the business needs of the Works.
(v) Continually
seeks improvement in its processes, products and performance.
(vi) Ensures that
each of its decisions meet the six basic elements of a Good Business
Decision:
It ensures the Safety of our Employees.
It meets or exceeds our customer’s expectations.
It is consistent with the Work’s Vision, Mission and
Principles.
It adds value to the Works.
It gives consideration to cost.
It is based on facts.
(vii) Focuses its
output and performance toward the good of the larger organisation.
(viii) Cooperates in a
partnership with other Work Area Teams in identifying problems, resolving
issues and improving performance.
(VIII) Organisational
Effectiveness Team
(a) Objective
(i) To pursue
initiatives developed through the partnership aimed at improving the overall
productive performance of the site.
(b) Roles
(i) Acts as a
role model in employing teamwork principles which support improvement to the
productive performance of the site.
(ii) Works as part
of the Team to promote the change process through facilitation whilst
encouraging participation from all employees.
(iii) Assists in
the development and delivery of relevant material for ongoing training,
education and learning programs.
(iv) Provides the
necessary support and understanding to employees regarding their roles as Team
Members.
(v) Participates in
the continuous review of improvement programs to identify any need for
modification.
(vi) Maintains close
relationships with employees, unions and Management in the promotion of Best
Practice Principles.
(vii) Assists in the
establishment of communication requirements for Best Practice and works to
ensure they are fully implemented.
(viii) Ensures
benchmarking and employee involvement activities receive continued emphasis,
that they are properly understood and that they are appropriately linked to
Best Practice.
(ix) Supports the
ongoing continuous improvement effort, provides feedback to the partnership and
recommends new approaches.
(x) Maintains
contacts with outside organisations and with "state of the art"
developments in the fields of quality and process improvement.
(xi) Assists in the
development of proper functioning of Teams at all levels of the on-line
structure.
(xii) Assists Teams
in distinguishing between the on-line activities of W.A.T.’s and the offline
issues which must be pursued through the traditional union/management
structure.
(xiii) Serves as a
training resource for all Teams.
5. Classification
Structure
Below is the framework for the skills-based classification
structure. The rates of pay for each
level can be located in Part B, Table 1 and are the total weekly rates. The specific skill requirements at each
level are still being finalised.
However, a number of matters are agreed by all parties in principle:
(I) Skill
requirements at each level are consistent for all employees i.e. employees must
have equivalent skills to be qualified at the same level.
(II) Competencies
which form the Competency Matrix will be National Training Board approved where
possible.
(III) Progress from
the Induction level through to level 5 will be in equal increments in skill
requirements.
(IV) Progress from
level 5 through to level 14 will be consistent with skill requirements through
the classification structure in the Metal, Engineering & Associated
Industries Award 1998 from C10 through to C2(b).
(V) Level 5 is what
is known as the 100% or base trade certificate level i.e. in Metal Industry
terms a C10 outcome.
(VI) Movement to
this classification structure will be on the basis that employees will retain
their current rate of pay. Positioning
in the structure according to skills will occur by way of Skills Audits
conducted under the auspices of the Customer Satisfaction Process, or by an
agreed method of assessment. Employees
will be classified at the level of skills acquired where those skills are
required to be exercised during the course of an employee's normal work.
In addition to the skills based classification
structure, the classification of interim is established. The classification of interim includes all
employees (other than staff) employed as at the date this award is made but
does not include any employee who is classified in another classification set
out in the skills based classification structure in this award subsequent to
the date of making this award.
The rate of pay paid to an employee classified in the
classification of interim shall be the rate paid to the employee immediately
prior to the making of this award (including increases set out in Clause 6,
Wages) and this rate shall continue to be paid to the employee until such time
as the employee is classified in another classification set out in the skills
based classification structure in this award in respect of which a higher rate
of pay applies.
6. Wages
Wages - In consideration of continued cooperation and
involvement in the achievement of the business objectives, all employees will
receive:
2% from first
full pay period commencing on or after 14 December 2001; and
2% from first full pay period commencing on or after 1
January 2002; and
2% from first full pay period commencing on or after 1
September 2002; and
2% from first full pay period commencing on or after 1
March 2003
7. Contract of
Employment
(I) Subject as
provided elsewhere in this award employment shall be on a weekly basis.
(II) Probationary
Period
Employment of employees on probation for the first two
weeks of service shall be from day to day at the weekly rate fixed determinable
at a day's notice.
(III) Performance
Employees shall perform such work as the Company
reasonably shall, from time to time, require. An employee not attending for or
not performing his or her duty shall, except as provided for by Clause 21, Sick
Pay, of this award, lose his or her pay for the actual time of such
non-attendance or non-performance.
(IV) Terminations
Subject as aforesaid 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. Where an employee
has given notice or has been given notice by the Company, he or she shall, upon
request, be granted leave of absence without pay for one day or shift during
the period of notice in order to look for alternative employment.
(V) Stand-downs
Notwithstanding the provisions of this Clause the
Company shall have the right to stand an employee down for refusal of duty,
malingering, inefficiency, neglect of duty or misconduct on the part of the
employee and to deduct payment for any day or portion of a day during which the
employee is so stood down, provided that:
(a) No Employee
Shall be Stood Down Before an Adequate Investigation of the Circumstances of
the Alleged Offence Has Been Made Or, Except in the Case of a Group Standing
Down, Before He Or She Has Had an Opportunity to State His Or Her Case and to
Adduce Witnesses to the Facts;
(b) Where a
superintendent is on duty in the department to which the employee is attached
any decision as to the standing down of the employee shall be made by the
superintendent;
(c) Where no
superintendent is on duty in a department a foreman may stand an employee down
for a period not exceeding the balance of the shift where the employee refuses
duty or where the foreman reasonably is of the opinion that the continued
presence of the employee on the plant would be likely to:
(i) constitute a
hazard either to the employee or to other employees or to plant and equipment;
or
(ii) interfere
with the normal and orderly functioning of the Company's operations; or
(iii) be
prejudicial to discipline;
(d) Where a
foreman stands an employee down the foreman shall arrange for the employee to
be interviewed by the superintendent not later than the commencement of the
employee's next rostered shift of duty or at such other time as may be arranged
mutually and the superintendent, after reviewing the case, shall inform the
employee of his or her decision on the matter;
(e) An employee
shall be entitled to appeal to the Industrial Department against any decision
of a superintendent but the superintendent's decision shall take effect pending
the determination of the appeal;
(f) Where an
employee is working in a department, other than that department to which he or
she is attached, the employee may be stood down in accordance with the
provisions of this subclause by the appropriate supervisor in the department in
which he or she is working in lieu of the appropriate supervisor of the
department to which he or she is attached;
(g) Superintendent
shall include:
(i) Any officer
with authority higher than that of a superintendent;
(ii) Any officer
acting as a superintendent's deputy in the absence of a superintendent;
(iii) In a
department where there is no officer with the title of superintendent the supervisor
who is in charge and, in the supervisor's absence, his or her deputy;
(h) Department
shall include a department so called and any other separately administered
section of the plant.
(i) Group
standing down shall mean the standing down under this Clause of a group of not
less than four employees who have refused duty or who have committed misconduct
whilst acting in concert.
(VI) This Clause
shall not affect the right of the Company to deduct payment for any day during
which an employee cannot be employed usefully because of any strike or through
any breakdown of machinery or due to any cause for which the Company reasonably
cannot be held responsible.
(VII) Dismissal
This Clause shall not affect the right of the Company
to dismiss an employee without notice for refusal of duty, malingering,
inefficiency, neglect of duty or misconduct and in such cases wages shall be
payable up to the time of dismissal only, provided that:
(a) No employee
shall be dismissed without notice before an adequate investigation of the
circumstances of the alleged offence has been made.
(b) Any decision
as to the dismissal of an employee without notice shall be made by the
superintendent of the department to which the employee is attached.
(c) When a
superintendent decides to dismiss an employee without notice the superintendent
shall so tell the employee and give the employee the reasons for the dismissal
without notice.
(d) If immediately
following a dismissal without notice the dismissed employee, or his or her delegate,
tells the superintendent that the dismissal will be contested:
(i) the dismissal
shall take effect 7 calendar days from the time that the employee was told of
his or her dismissal, and
(ii) during these
7 calendar days, notwithstanding the provisions of subclause (V) of this
Clause, the employee shall be stood down without pay.
(e) The words
"superintendent" and "department" shall have the same
meaning as in subclause (V) of this Clause.
(VIII) Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of his or her employment and the
classification of or the type of work performed by the employee.
8. Hours of Duty
(I) All Employees
Ordinary working hours shall be an average of thirty
eight hours per week over the full cycle of the relevant work roster. Ordinary
working hours shall not exceed:
(a) twelve hours
during any consecutive twenty-four hour period; or
(b) 152 in
twenty-eight consecutive days,
except in the case of rostering arrangements which
provide for the weekly average of 38 ordinary hours to be achieved over a
period which exceeds 28 consecutive days.
(II) Day Workers
(a) Ordinary
working hours shall be Monday to Friday, inclusive, between the hours of 6.00 am and 6.00 pm,;
(b) On each day
worked, Monday to Friday inclusive, thirty minutes between the hours of 11.30
am and 12.30 pm shall be allowed to day workers for a meal or at a time
mutually arranged to suit work requirements.
(III) Shift Workers
Twenty minutes shall be allowed each shift for crib
which shall be counted as time worked.
In the case of 12-hour shift systems, two twenty minute crib breaks will
be taken approximately four hours apart.
Each crib break will be taken in accordance with the needs of the
operation and will be counted as time worked.
9. Shift Work
Allowances for Shift Workers
(I) A shift
worker who works on a three shift rotation of day/night/afternoon shift shall
be paid for each such shift worked 10 per cent more than his or her ordinary
rate.
(II) A shift
worker who works on a two shift rotation of day/afternoon or day/night shift
shall be paid for each such shift worked 7½ per cent more than his or her
ordinary rate.
(III) A shift worker
who works on an afternoon or night shift which does not continue for at least
five successive afternoons or nights or at least four successive afternoons or
nights where the fifth is his or her rostered shift off shall be paid for each
such shift 50 per cent for the first two hours thereof and 100 per cent for the
remaining hours thereof in addition to his or her ordinary rate.
(IV) An employee
relieving a shift worker for only one week of a two or three shift rotation
shall be paid the appropriate shift work allowance as if the relief were for
the full rotation of shifts.
(V) A shift worker
who works overtime on night shift or afternoon shift shall be paid 15 per cent
more than his or her ordinary rate for such shift.
(VI) A shift worker
who works overtime on day shift shall be paid 10 per cent more than his or her
ordinary rate for such shift.
(VII) An employee
who:
(a) During a
period of engagement on shift, works night shift only; or
(b) Remains on
night shift for a longer period than four consecutive weeks; or
(c) Works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give him or her at least one-third of his working time off night
shift in each shift cycle:
Shall during such engagement period or cycle be paid 30
per cent more than his or her ordinary rate for all time worked during ordinary
working hours on such night shift.
(VIII) "Night
Shift" means any shift finishing subsequent to midnight and at or before 8
00am.
(IX) "Afternoon
Shift" means any shift finishing subsequent to 4.00pm and at or before
midnight.
(X) A shift worker
who works on a 12-hour shift system shall be paid for each 12-hour shift
worked, ten percent more than his or her ordinary rate.
10. Night Work for
Day Workers and Day Shift Workers
(I) Subject to
Clause 19, Maximum Payment, of this award but otherwise notwithstanding
anything contained herein:
(a) A day worker
who is required in lieu of ordinary day work, or
(b) A day shift
worker who is required in lieu of a day shift on which he or she would
ordinarily be rostered to work at night for periods of not less than eight
hours or less than five consecutive nights or on less than four consecutive
nights when the fifth night is his or her 38 hour week rostered off night shall
be paid at the rate of time and one half of the ordinary rate of pay provided
by this award, except:
(c) On Saturdays,
Sundays, 38 hour week rostered off days and holidays; and
(d) In respect of
any night in respect of which he or she has not been given at least 48 hours
notice when he or she shall be paid at overtime rates for day workers. No shift
allowance is payable in respect of night work under this Clause.
(II) In this Clause
"night" means any hours between 4.00pm and 8.00am, and "day
shift worker" means a shift worker employed on a shift system involving
day shift only.
11. Transfer of Day
Workers from Day Work to Shift Work
Day workers may be employed as and become shift workers for
a period of not less than five shifts or not less than four shifts when the
fifth shift is his or her 38 hour week rostered off shift and paid accordingly.
Provided that an employee shall be paid at overtime rates
for any shift upon which he or she is employed as a shift worker under this
Clause in respect of which he or she has not been given at least 48 hours'
notice.
12. Transfer of Shift
Workers
A shift worker who is required to work on a shift other than
the shift on which he or she would ordinarily be rostered shall be paid at
overtime rates for any such shift in respect of which he or she has not been
given at least 48 hours notice. This provision shall not apply when the
employee reverts to the shift on which he or she would ordinarily have been
rostered.
13. Mixed Functions
(I) An employee,
who is required to do work carrying a higher rate than his or her ordinary
classification for two hours or more on any day or shift, shall be paid at the
higher rate for the whole of the day or shift.
(II) Subject to
subclause (I) of this Clause, an employee, who on any day or shift is required
to do work of a higher paid classification for at least one hour, shall be paid
the rate prescribed for such work whilst so engaged.
(III) An employee
required to do work carrying a lower rate than his or her ordinary
classification shall be entitled to payment at the rate of his or her ordinary
classification except:
(a) where, because
of a strike by fellow employees in the establishment in which he or she is
employed, work in his or her ordinary classification is not available and where
the period spent on the work carrying the lower rate is at least one hour; and
(b) in respect of
work on overtime, where the period spent on the work carrying the lower rate is
at least one hour.
14. Special Rates
(I) Special Rates
not Cumulative
Where more than one of the following disabilities
entitling an employee to extra rates exist on the same job only one rate,
namely the highest for the disabilities so prevailing shall be paid. Provided that this subclause shall not apply
to cold places, confined spaces, dirty work, height money, hot places, or wet
places, the rates for which are cumulative.
(II) Rates not
Subject to Penalty Additions
The special rates herein prescribed shall be paid
irrespective of the times at which the work is performed, and shall not be
subject to any premium or penalty additions.
(III) Confined
Spaces
Working in confined space (as defined) - the amount per
hour as set out in Item 1 of Table 2, Other Rates and Allowances, of Part B,
Monetary Rates, of this award.
(IV) Dirty Work
Work which shall be agreed is of an unusually dirty or
offensive nature - the amount per hour as set out in Item 2 of Table 2, Other
Rates and Allowances, of Part B, Monetary Rates, of this award.
(V) Height Money
Employees other than riggers and splicers engaged in
the construction, erection, repair and/or maintenance of structures at a height
of 15 metres or more directly above the nearest horizontal plane - the amount
per hour as set out in Item 3 of Table 2, Other Rates and Allowances, of Part
B, Monetary Rates, of this award.
(VI) Hot Places
Working for more than one hour in the shade in places
where the temperature is raised by artificial means to between 46 and 54
degrees Celsius - the amount per hour as set out in Item 4 of Table 2, Other
Rates and Allowances, of Part B, Monetary Rates, of this award; in places where
the temperature exceeds 54 degrees Celsius - the amount per hour as set out in
Item 5 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of
this award. Where work continues for more than two hours in temperatures
exceeding 54 degrees Celsius, employees shall also be entitled to 20 minutes
rest after every two hours work without deduction of pay.
(VII) Slag Wool
Employees handling loose slag wool, loose insulwool or
other loose material of a like nature used for providing insulation against
heat, cold or noise shall when so employed on the construction, repair or
demolition of furnaces, walls, floors and/or ceilings be paid the amount per
hour as set out in Item 6 of Table 2, Other Rates and Allowances, of Part B,
Monetary Rates, of this award.
(VIII) Wet Places
An employee working in any place where his or her
clothing or boots become saturated, whether by water, oil or otherwise, shall
be paid the amount per hour as set out in Item 7 of Table 2, Other Rates and
Allowances, of Part B, Monetary Rates, of this award. Provided that this extra
rate shall not be payable to an employee who is provided by the employer with
suitable and effective protective clothing and / or footwear.
Provided further that any employee who becomes entitled
to this extra rate shall be paid such rate for such part of the day or shift as
he or she is required to work in wet clothing or boots.
(IX) Explosive
Powered Tools
Employees required to use explosive powered tools shall
be paid per day the minimum amount as set out in Item 8 of Table 2, Other Rates
and Allowances, of Part B, Monetary Rates, of this award. Where an hourly amount is required, it shall
be calculated by dividing the amount as set out in Item 8 by 7.6.
(X) Other Special
Rates
(a) An employee
employed on any chokage necessitating the opening up of any soil, waste, or
drain pipes or scuppers conveying sewage shall be paid in addition the amount
per day or shift or part thereof as set out in Item 9 of Table 2, Other Rates
and Allowances, of Part B, Monetary Rates, of this award.
(b) A employee
engaged on all spray painting carried out in other than a properly constructed
booth, approved by the appropriate government authority, shall be paid the
amount per hour as set out in Item 10 of Table 2, Other Rates and Allowances,
of Part B, Monetary Rates, of this award.
(c) A Plumber
shall, if required to compute quantities or make up estimates, be paid the
amount per hour as set out in Item 11 of Table 2, Other Rates and Allowances,
of Part B, Monetary Rates, of this award.
(d) A Plumber may
receive the following amounts per hour as set out in the respective items of
Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award:
(i) When required
to act on his or her Plumber's licence, Item 12.
(ii) When required
to act on his or her Gasfitter's licence, Item 13.
(iii) When required
to act on his or her Drainer's licence, Item 14.
(iv) When required
to act on his or her Plumber's and Gasfitter's licence, Item 15.
(v) When required
to act on his or her Plumber's and Drainer's licence, Item 16.
(vi) When required
to act on his or her Gasfitter's and Drainer's licence, Item 17.
(vii) When required
to act on his or her Plumber's Gasfitter's and Drainer's licence, Item 18.
Note:
Gasfitting licence shall be deemed to include coal gas,
natural gas, liquid petroleum gas or any other gas where it is required by any
State Act of Parliament or regulation that the holder of a licence be
responsible for the installation of any such service or services.
(e) An employee
who may be required by his or her employer to act on his or her licence or
licences during the course of his or her employment is entitled to be paid at
the rate per hour mentioned in this award for every hour of his or her
employment whilst he or she is liable to be called upon by his or her employer
to act on his or her licence or licences whether he or she has in any hour in
fact acted on such licence or not.
The provisions of Clause 19, Maximum Payment, of this
award shall not apply to the rates prescribed by this subclause.
(f) An employee
who is called upon to handle charcoal, pumice, granulated cork, silicate of
cotton, insulwool, slag wool, or other recognised insulation material of a like
nature or working in the immediate vicinity so as to be affected by the use
thereof, shall be paid the amount per hour or part thereof as set out in
Item 19 of Table 2, Other Rates and Allowances, of Part B,
Monetary Rates, of the award.
(g) Employees,
when working inside stacks and flues on brick linings, which when bricked have
a diameter of 900mm, or under, shall be paid by way of clothing allowance, the
amount per day or shift or part thereof as set out in Item 20 of
Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of
this award: Provided that when this
work is with the approval of the Company shared by arrangement between the
employees themselves each such employee shall be paid a clothing allowance as
set out in the said Item 20 per day or shift for the time he or she is so
employed.
(h) An employee
engaged inside the gas or water space of any boiler, flue or economiser, in
cleaning or scraping work shall whilst so employed, be paid the amount per hour
as set out in Item 21 of Table 2, Other Rates and Allowances, of
Part B, Monetary Rates, of this award, in addition to his or her ordinary
or overtime rate of pay.
(i) Applying
obnoxious substances
(i) An employee
engaged in either the preparation and/or the application of epoxy based
materials, or materials of a like nature shall be paid the amount per hour as
set out in Item 22 of Table 2, Other Rates and Allowances, of Part B, Monetary
Rates, of this award.
(ii) In addition,
employees applying such material in buildings which are normally
air-conditioned shall be paid the amount per hour as set out in Item 23 of
Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award,
extra for any time worked when the air-conditioning plant is not operating
(iii) Where there
is an absence of adequate natural ventilation the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition protective clothing shall be supplied where recommended by the
appropriate Government Authority.
(iv) Employees
working in close proximity to other employees so engaged shall be paid the
amount per hour as set out in Item 24 of Table 2, Other Rates and Allowances,
of Part B, Monetary Rates, of this award.
(v) For the purpose
of this clause all materials which include or require the addition of a
catalyst hardener and reactive additives or two pack catalyst system shall be
deemed to be materials of a like nature.
(j) A Plumber,
licensed Plumber and/or Leadburner who is a holder of a certificate of
registration under the Plumbers,
Gasfitters and Drainers Act 1979, shall be paid a registration allowance
per hour as set out in Item 25 of Table 2, Other Rates and Allowances, of Part
B, Monetary Rates, of this award, on the production of such certificate. The
allowance shall be paid for all purposes of the award with the exception of
Clause 10, Night Work for Day Workers and Day Shift Workers, Clause 15,
Overtime, and Clause 18, Saturday, Sunday and Holiday Rates in which cases it
shall be paid as a flat rate for all hours worked, provided that until such
time as the machinery is set up for the issuing of certificates of
registration, the allowances will be paid to Plumbers, licensed Plumbers and/or
Leadburners for whom registration will be required.
(k) A Rigger
and/or Roper and/or Splicer who holds a certificate of competency as a Rigger under the Construction Safety Act
1912, and who is required to obtain and use a certificate of competency as a
Scaffolder under the said Act shall, upon obtaining and using such certificate,
be paid a weekly allowance as set out in the respective items of Table 2, Other
Rates and Allowances, of Part B, Monetary Rates, of this award as follows:
Class 1 or 2 - Item 26 Class 4 - Item 27. (These allowances are not cumulative).
(l) Toxic
Substances
(i) Employees
required to use toxic substances shall be informed by the employer of the
health hazards involved and instructed in the correct and necessary safeguards
which must be observed in the use of such materials.
(ii) Employees
using such materials will be provided with and shall use all safeguards as are
required by the appropriate Government authority.
(iii) Employees
using toxic substances or materials of a like nature, where such substances or
materials are used in quantities of 0.5kg or over, shall be paid the amount per
hour as set out in Item 28 of Table 2, Other Rates and Allowances, of Part B,
Monetary Rates, of this award.
Employees working in close proximity to employees so
engaged so as to be affected by the use of such substances or materials shall
be paid the amount per hour as set out in Item 29 of Table 2, Other Rates and
Allowances, of Part B, Monetary Rates, of this award.
(iv) For the purpose
of this sub clause toxic substances shall include epoxy based materials and all
materials which include or require the addition of a catalyst hardener and
reactive additives or two pack catalyst system shall be deemed to be materials
of a like nature.
(XI) Definitions
"Confined Space" - For the purpose of this
clause "confined space" means a compartment, space or a place the
dimensions of which necessitate an employee working in a stooped or otherwise
cramped position, or without proper ventilation and subject thereto includes
such a space:
(a) in the case of
a locomotive - inside the barrels of the boilers, fire boxes, water spaces of
tenders, side tanks, saddle tanks or smoke boxes;
(b) in other cases
- inside boilers, steam drums, mud drums, fire boxes of vertical or road
vehicle boilers, furnaces, flues, combustion chambers, receivers buoys, tanks,
superheaters or economisers.
(XII) Definitions -
General
(a) "Dogman
and/or Crane Chaser (mobile equipment)" means a Dogman and/or Crane Chaser
working with mobile cranes. The definition does not apply to a Dogman and/or
Crane Chaser who is permanently employed in a workshop, nor does it apply when
he or she is using a mobile crane which is permanently stationed in a workshop.
(b) "Rigger
and/or Splicer" means an adult employee who is:
(i) responsible
for the rigging involved in the erection, placing in position, dismantling of
structural steel, plant buildings, machinery equipment and the like; or
(ii) responsible
for the erection of tackle with wire or ropes for lifting; or
(iii) engaged on
splicing or repairing and/or ropes (not including machine splicing).
(c) "Rigger
and/or Splicer on Construction Work" shall mean a Rigger and/or Splicer
(as defined herein), engaged (other than in or about workshops, factories
and/or adjoining areas) on:
(i) new
constructions; or
(ii) reconstructions
during planned shut-down periods; or
(iii) major repairs
(not including general maintenance).
(iv) projects which
are primarily civil and mechanical engineering structures or installations such
as power stations, grain elevators and silos, oil refineries, petrochemical
plants, wharves, jetties, piers, bridges, elevated pipelines, water storage
towers and in steel works on coke ovens, sinter plants, blast furnace, B.O.S.
steel making plants, lime kilns, ore bridges, pellet plants and tonnage oxygen
plants.
(XIII) An electrical
trades person who is appropriately licensed will be paid the amount per hour as
set out in item 30 of Table 2, Other Rates and Allowances, of Part B, Monetary
Rates, of this award.
15. Overtime
(I) Day Workers
Day workers, for all time worked in excess of or
outside the ordinary working hours and times prescribed by this award, shall be
paid at the rate of time and one half for the first two hours and double time
thereafter.
(II) Shift Workers
Shift Workers for all time worked:
(a) in excess of
the ordinary working shift hours prescribed by this award; or
(b) on more than
eleven shifts in twelve consecutive days; or
(c) on a rostered
shift off; or
(d) in excess of
five hours without a crib break
shall be paid at the rate of time and one half for the
first two hours and at the rate of double time thereafter.
This subclause shall not apply when the time is worked:
(i) By
arrangement between the employees themselves; or
(ii) For the
purpose of effecting the customary rotation of shifts.
(III) Rest Period,
Following Overtime
Overtime shall, wherever reasonably practicable, be so
arranged that employees have at least 8 consecutive hours off duty between the
work of successive days. An employee who works so much overtime between the
termination of his or her ordinary work on one day and the commencement of his
or her ordinary work on the next day that he or she has not had at least 8
consecutive hours off duty between those times shall, subject to this
subclause, be released after completion of such overtime until he or she has
had 8 consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
If on the instruction of the Company such an employee
resumes or continues work without having had such eight consecutive hours off
duty, he or she shall be paid at double rates until he or she is released from
duty and shall then be entitled to be absent until he or she has had 8
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
Where immediately after taking an eight-hour rest
period pursuant to this subclause, an employee is required to report for work
at other than his or her ordinary day or shift commencing time and reasonable
means or transport are not available to him or her, the Company shall convey
him or her, or supply him or her with conveyance to the works.
(IV) Saturdays,
Sundays, Public Holidays
An employee, required to work on a Saturday, Sunday, a
38 hour week rostered day off, or a public holiday, shall be paid for a minimum
of four hours' work. Where the actual time worked is of shorter duration than
the applicable minimum specified in this paragraph, the working period shall
not be regarded as overtime for the purpose of subclause (iii) of this Clause.
(V) Meal Allowances
(a) An employee
required to continue at work on overtime for more than one-and-a-half hours
after his or her ordinary ceasing time without having been notified before
leaving his or her work on the previous day that he or she would be required to
work overtime, shall, at the employee's option:
(i) be provided,
free of cost, with a suitable meal and another meal for each subsequent meal
break into which the work extends; or
(ii) be paid for
each meal the amount set out in Item 31 of Table 2, Other Rates and Allowances,
of Part B, Monetary Rates, of this award.
(b) If an employee
pursuant to notice has provided a meal and is not required to work overtime or
required to work for less than one-and-a-half hours, he or she shall be
recompensed suitably for the meal which he or she has provided but which is
surplus.
(VI) Transport of
Employees after Overtime
Where an employee working overtime finishes work at a
time when reasonable means of transport are not available to him or her, the
Company shall:
(a) Convey the
employee to his or her home; or
(b) Pay the
employee his or her current rate of pay for the time reasonably occupied in
reaching his or her home.
(VII) Call Back
(a) An employee
recalled to work overtime after leaving the premises at which the employee
works (whether notified before or after leaving the premises) shall:
(i) be paid a
minimum of 4 hours pay at the appropriate rate for each time he or she is so
recalled
(ii) except in the
case of unforeseen circumstances arising, not be required to work the full four
hours if the job he or she was recalled to perform is completed within a
shorter period.
This subclause shall not apply in cases where it is
customary for an employee to return to work to perform a specific job outside
his or her ordinary working hours, or where the overtime is continuous (subject
to a reasonable meal break) with the completion or commencement of ordinary
working time.
Overtime worked in the circumstances specified in this
subclause shall not be regarded as overtime for the purposes of clause 15(III)
of the award when the actual time worked is less than 3 hours on each such
recall or on each such recalls.
(b) An employee
who is recalled from his or her home to work overtime shall, at the employee's
option:
(i) be provided,
free of cost, with a suitable meal for each normal meal break falling during
the overtime for which he or she was called out in addition to the meal break
during his or her normal shift ; or
(ii) be paid for
each such meal the amount set out in Item 32 of Table 2, Other Rates and
Allowances, of Part B, Monetary Rates, of this award.
(VIII) 12-Hour Shift
System
A shift worker who works on a 12-hour shift system
shall not work any more than four hours overtime in excess of his or her
ordinary 12-hour shift in any 24-hour period.
16. Requirement to
Work in Accordance With the Needs of Industry
(I) For the
purpose of meeting the needs of the industry, the Company may require an
employee to work reasonable overtime, including work on Saturdays, Sundays and
holidays at the rate prescribed by this award, and unless reasonable excuse
exists, the employee shall work in accordance with such requirement.
(II) Subject to
Clauses 11, Transfer of Day Workers from Day Work to Shift Work, and 12,
Transfer of Shift Workers, of this award, for the purpose of meeting the needs
of the industry, the Company may require an employee to transfer from one
system of work to another system of work prescribed by this award at the rate
applicable thereto, and, unless reasonable excuse exists, an employee shall
transfer in accordance with such requirement.
17. Holidays
(I) An employee
on weekly hiring shall be entitled, without loss of pay, to public holidays as
follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Eight Hour's Day or Labour Day, Christmas
Day, Boxing Day.
In addition to the above public holidays, one
additional public holiday shall apply on a date to be agreed each year.
(II) Requirement to
Attend Before and After
This provision for payment does not apply to employees
absent without leave or reasonable excuse on the working day preceding or the
working day succeeding a holiday.
(III) Where an
additional public holiday is proclaimed or gazetted then such day shall be
deemed to be a public holiday for the purposes of this award.
(IV) For the
purposes of this award:
(a) Where
Christmas Day falls on a Saturday or on a Sunday, the following Monday and
Tuesday shall be observed as Christmas Day and Boxing Day respectively;
(b) Where Boxing
Day falls on a Saturday, the following Monday shall be observed as Boxing Day;
(c) Where New
Year's Day falls on a Saturday or on a Sunday the following Monday shall be
observed as New year's Day; and the said Saturday and/or Sunday shall be deemed
not to be holidays.
18. Saturday, Sunday
and Holiday Rates
Employees shall be paid at the rate of double time for all
work done on Saturdays and Sundays, and at the rate of double time and one half
for all work done on the holidays prescribed by this award.
19. Maximum Payment
Shift Allowance - Shift allowances and special rates shall
not be subject to any premium or penalty additions.
20. Employees
Presenting Themselves for Work and Not Required
Subject to the provisions of Clause 7, Contract of
Employment, of this award, an employee who presents himself or herself for his
or her ordinary work without notice that he or she will not be required shall
be paid at least four hours' pay.
21. Sick Pay
(I) An employee
who is unable to attend for duty during his or her ordinary working hours by
reason of personal illness or injury by accident shall be entitled to be paid
at ordinary time rates of pay for the time of such non-attendance subject to
the following:
(a) Workers
Compensation Restriction
The employee shall not be entitled to be paid leave of
absence for any period in respect of which he or she is entitled to Worker's
Compensation.
(b) Notice of
Intended Absence
The employee shall, where reasonable and practicable
prior to the commencement of such absence and in any case as soon as possible
thereafter, inform the Company of his or her inability to attend for duty, and
as far as possible, state the nature of the illness or injury and the estimated
duration of the same.
(c) Required
Evidence
The employee shall provide to the satisfaction of the
Company or, in the event of a dispute, the Industrial Relations Commission of
NSW, evidence that he or she is or was unable, on account of such illness or
injury, to attend for duty on the day or days for which payment under this Clause
is claimed.
(d) Sick Pay
The employee shall not be entitled in respect of any
year of continued employment to sick pay for more than the number of ordinary
working hours specified in paragraph (e) of this subclause. Any period of paid sick leave allowed by the
company to an employee in any such year shall be deducted from the period of
sick leave which may be allowed or may be carried forward under this award in
or in respect of the earliest year of employment for which the employee has an
accumulated or accrued right.
(e) Length of
Absence Paid
The number of ordinary working hours referred to in
paragraph (d) above shall be:
(i) in the case
of any employee with less than one years' continued employment: 40;
(ii) in the case
of an employee with one or more years' continued employment but less than 10
years' continued employment: 64;
(iii) in the case
of an employee with ten or more years' continued employment: 80.
(II) Sick leave
shall accumulate from year to year so that any balance of the period specified
in paragraph (e) of subclause (I) hereof which has in any year not been allowed
to an employee by an employer as paid sick leave may be claimed by the employee
and subject to the conditions hereinbefore prescribed shall be allowed by that employer
in a subsequent year without diminution of the sick leave prescribed in respect
of that year.
Provided that sick leave which accumulates pursuant to
this subclause shall be available to the employee for a period of 16 years but
for no longer from the end of the year in which it accrues.
(III) In the case of
an employee who otherwise is entitled to payment under this Clause but who, at
the time of the absence concerned, has not given three months continuous
service in his or her current employment with the Company the right to receive
payment shall not arise until he or she has given such service.
(IV) For the purpose
of this Clause continuous service shall be deemed not to have been broken by-
(a) any absence
from work on leave granted by the Company; or
(b) 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 that any time lost shall not be taken into
account in computing the qualifying period of three months.
(V) This Clause
shall not apply to employees whose rates include compensation for time lost by
reason of incapacity due to sickness.
(VI) Service before
the date of the coming into force of this award shall be counted as service for
the purpose of qualifying thereunder.
(VII) If an employee
is terminated by his or her employer and is re-engaged by the same employer
within a period of six months then the employee's unclaimed balance of sick
leave shall continue from the date of re-engagement.
In such a case the employee's next year of service will
commence after a total of 12 months has been served with that employer
excluding the period of interruption in service from the date of commencement
of the previous period of employment or the anniversary of the commencement of
the previous period of employment, as the case may be.
(VIII) An employee who
works on a 12-hour shift system shall be paid sick pay for weekend absences at
single time for hours claimed.
22. Long Service
Leave
(I) The terms of
the Long Service Leave Act 1955 shall
apply except for the quantum and accumulation rate of leave which shall be as
prescribed below.
From the 14 December 2001:
(a) for all
service after 1 July 2001, long service leave will accrue at the rate of 13
weeks for each 10 years of service.
(b) pro-rata long
service leave will be able to be accessed or will be paid out on resignation or
termination of the employee, other than in circumstances of summary dismissal,
after 5 years continuous service.
(II) Notwithstanding
the said Act, the award rate (basic wage and margin) element of ordinary pay
for long service leave shall be either -
that determined in accordance with the Long Service Leave Act 1955; or
that applicable to the employee at the commencement of
their long service leave entitlement,
whichever is the greater.
(III) An employee
shall be entitled to have all days which are prescribed as holidays by clause
17, Holidays, treated as days appointed by the Governor as public holidays for
the purposes of the application to them of Section 4 (4A) of the Long Service Leave Act 1955.
23. Annual Holidays
(I) Subject to
the provisions set out in subclauses 23(II) to 23 (IV) annual leave for all
employees under this award is governed by the Annual Holidays Act 1944. Every employee shall at the end of each
year of his or her employment become entitled to an annual holiday of four
weeks.
(II) Annual Leave
Exclusive of Public Holidays
(a) Except as
provided in this subclause, the annual leave prescribed by clause 23 shall be
exclusive of any of the public holidays prescribed in clause 17. An employee who is on leave during a period
which a public holiday falls shall be entitled to an additional day's leave
provided that, had the employee not been on annual leave, the employee would
otherwise have been entitled to a day's leave.
(b) Where an
employee becomes entitled to additional leave as a result of a public holiday
falling during his or her period of annual leave, such employee shall not be
entitled to be paid for the additional leave where the employee fails to attend
for work at the ordinary starting time on the next working day immediately
following the period of additional leave.
However, where the employee can show reasonable cause for the employee's
failure to attend work on the working day immediately following the last day of
the employee's leave, then the employee is entitled to be paid in respect of
the period of additional leave.
(III) Annual Leave
Rate of Pay
The payment to be made in respect of annual leave
accrued under the Annual Holidays Act 1944
and additional leave accrued under clauses 23(II), of this Award shall be
calculated in accordance with the Annual
Holidays Act 1944.
(IV) Annual Leave
Loading
(a) In respect of
a period of annual leave to which an employee is entitled under the Annual Leave Holidays Act 1944 or under
this clause, the employee shall be paid a loading equivalent to 20% of the
annual leave rate of pay pursuant to paragraph (III).
However, where an employee would have worked on shift
work had the employee not been on annual leave, then for the period of leave
during which the employee would otherwise have been on shift work, the employee
is entitled to be paid the greater of either;
(i) the 20%
loading; or
(ii) the shift
work allowances pursuant to clause 9, Shift Work Allowances for Shift Workers
and (in respect of Sundays only) the weekend penalty rates pursuant to clause
18, Saturday, Sunday and Holiday Rates that would have been payable to the
employee in respect of ordinary time during the employee's period of annual
leave had the employee not been on annual leave.
(b) The loading
prescribed by this subclause shall apply to payment in lieu of any annual leave
fully accrued on termination of employment, but shall not apply to
proportionate leave accrued on
termination in respect of the period during which annual leave last began to
accrue.
(V) A shift worker
who works on a 12-hour shift system shall, at the end of each year of
employment, become entitled to additional annual leave of one week. Such an employee shall be paid 38 hours for
each week of annual leave (ie. 5 days x 7.6 hours = 38 hours). Such an employee who works on a 12-hour
shift system for only part of the year shall be entitled to the additional
annual leave of one week on a pro-rata basis.
The Company may require a shift worker who works on a 12-hour shift
system to work normal rostered shifts on a public holiday. A shift worker who works on a 12-hour shift
system and who is rostered off on public holiday shall be entitled to an
additional day of annual leave and receive 12 hours pay for that day.
24. Parental Leave
The parental leave provisions set out in Division 1 of Part
4 of Chapter 2 of the Industrial
Relations Act 1996 shall apply in conjunction with the provision for paid
parental leave set out below
(I) Eligibility
(a) An employee
who has completed at least 12 months continuous service with the employer (on a
full-time or part-time basis) is entitled to paid parental leave in accordance
with this clause.
(b) A casual
employee is entitled to paid parental leave if they have worked for the
employer on a regular and systemic basis for more than 12 months and have a
reasonable expectation of on-going employment on that basis.
(II) Entitlement
(a) An employee is
entitled to paid parental leave as follows:
(i) maternity
leave - six weeks paid leave immediately after the child’s birth
(ii) paternity
leave - one week paid leave around the
time of birth
(iii) adoption leave
- six weeks paid leave at the time of placement if the employee is the primary
carer
(b) Any period of
paid parental leave arising from this clause will be deducted from the period
of unpaid parental leave to which the employee is entitled arising from
legislation or industrial award/agreement
(c) The
entitlement to parental leave is not extended for multiple births.
(d) Parental leave
is paid at the employee’s weekly ordinary time rate of pay for the period of
the leave (as per long service leave and sick leave).
(e) Employees
taking maternity or adoption leave may elect to double the period of paid leave
arising from paragraph a) above to be paid at 50% of the employee’s weekly
ordinary time rate of pay. Provided
that this extended period of paid leave falls within the period of unpaid
parental leave to which the employee is entitled arising from legislation or
industrial award/agreement.
(III) Giving notice
and applying for leave
(a) To be eligible
to claim paid parental leave, employees must comply with the requirements
regarding advice to the employer normally associated with the taking of unpaid
parental leave.
(b) To claim paid
paternity leave the employee must provide such reasonable proof as the employer
may require.
(IV) Impact of paid
parental leave on other entitlements
(a) Paid parental
leave shall be considered service for the purpose of service related
entitlements (unpaid leave is not counted for such purposes).
(b) The receipt of
paid parental leave does not otherwise limit the employee’s rights or
obligations with respect to unpaid parental leave arising from legislation or
industrial award/agreement.
25. Jury Service
When employees are summoned for jury service, the Company
will not, except in special circumstances, endorse any application on behalf of
an employee for exemption or deferment.
Employees on jury service who are not empanelled and
dismissed for the rest of the day must report for work.
Employees summoned for jury service receive actual
salary/wage that they would have received had they worked their normal shift.
26. Automation
(I) Notwithstanding
the provisions of Clause 7, Contract of Employment, of this award, where, on
account of the introduction or proposed introduction by the Company of
mechanisation or technological changes, the Company proposes to terminate the
employment of an employee who has been employed by it for the preceding twelve
months, it shall give the employee three months notice of the termination of
his or her employment; provided that, if the employment of such employee is
terminated on that account and the Company fails to give such notice in full:
(a) the Company
shall pay the employee at the ordinary rate of pay for the employee's
classification, for a period equal to the difference between three months and
the period of the notice given; and
(b) the period of
notice required by this Clause to be given shall be deemed to be service with
the Company for the purpose of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of those Acts;
and provided further that the right of the Company to dismiss an employee for
the reasons specified in Clause 7, Contract of Employment, of this award, shall
not be prejudiced by the fact that the employee has been given notice pursuant
to this Clause of the termination of his or her employment.
(II) Where the
Company proposes to introduce mechanisation or technological changes which will
result in one or more employees becoming redundant, the Company shall give
notification in accordance with this subclause at least six months before the
introductions of such mechanisation or technological changes, and if it is not
practicable for the Company to give such notifications at least six months
before such introduction, then the Company shall give the notifications as
early as it is practicable for the Company to give them. The notifications to
be given in accordance with this subclause are notifications in writing to the
Industrial Registrar, the Director of the Vocational Guidance Bureau, the
Director of Technical and Further Education and the Secretaries of the Unions,
of the number of employees who may become redundant on account of the
introduction or proposed introduction of mechanisation or technological changes
by the Company, and of their occupation and of the approximate date when their
employment is likely to terminate on account of such introduction.
27. Payment of Wages
(I) All wages
shall be paid weekly.
(II) Each employee
on day work, day shift and night shift shall be entitled to be paid within a
quarter of an hour after clocking off. An employee not so paid shall be
entitled to his or her ordinary rate of wage until payment has been made.
(III) Employees on
afternoon shift shall be paid before the time of commencing work on the pay
day.
(IV) The provisions
of subclauses (I), (II) and (III) of this Clause shall not have application in
circumstances where it is not reasonably practicable for the Company to comply
with its obligations thereunder on account of causes for which it cannot
reasonably be held responsible. Proof of the existence of such circumstances
shall lie upon the Company. In such circumstances the Company shall pay wages
as soon as it is reasonably practicable for it to do so.
28. Miscellaneous
Provisions
(I) The Company
shall provide, and each employee shall wear ear protection and safety glasses
when engaged in any work which, in the opinion of the Company, necessitates the
use of ear protection or glasses for the purpose of protection.
(II) The Company
shall supply and keep supplied for the use of each person employed in the
blower box in the Galvanising Department removing or cleaning up the zinc
deposited therein, a mask in good and serviceable condition of the type
approved by the appropriate Government authority and the mask shall be worn by
each person engaged in the said work.
(III) The Company
shall provide and the employee shall wear palms, gloves, clogs and rubber boots
when, in the Company's opinion, the work necessitates their use. Any article so
provided shall remain the property of the Company and shall not be taken from
the premises of the Company by the employee to whom it is supplied.
(IV) Each crane
cabin shall, unless otherwise heated, be equipped with a radiator which the
Company shall install and maintain in good order and condition.
(V) Boiling Water -
The Company shall provide boiling water for employees at meal times.
(VI) Drinking Water
- The Company shall provide for the use of employees in workshops a sufficient
supply of wholesome cool drinking water from the bubble taps or other suitable
drinking fountains.
(VII) Lockers - The
Company shall at some reasonably convenient place on the premises provide a
suitable locker for each employee in his or her workshop, or hanging facilities
which afford reasonable protection for employee's clothes.
(VIII) Showers - The
Company shall provide hot and cold shower baths which shall be situated away
from lavatories.
(IX) Washing and
Sanitary Conveniences - The Company
shall provide proper and sufficient washing and sanitary conveniences.
(X) Damage to
Clothing, Spectacles, Hearing Aids and Tools - Compensation to the extent of
the damage sustained shall be made where, in the course of the work, clothing,
spectacles, hearing aids or tools are damaged or destroyed by fire or molten
metal or through the use of corrosive substances. Provided that the Company's liability in respect of tools shall
be limited to such tools of trade as are ordinarily required for the performance
of the employee's duties. Provided
further, that this paragraph shall not apply when an employee is entitled to
Worker's Compensation in respect of the damage.
(XI) Case Hardened
Prescription Lenses - Where the Company requires an employee to have
prescription lenses case hardened it shall pay for the cost of such case
hardening.
29. Return of
Company's Property
Should any employee, on leaving the Company's service fail
to return any of the Company's property including safety glasses, gloves, other
protective clothing and tools, gauges, etc., the Company may deduct from his or
her final wages the reasonable value of the article.
30. Procedure for
Resolving Claims, Issues and Disputes
(I) Avoidance of
Industrial Disputes
In order to minimise industrial action the following
consultative process will be followed to resolve all grievances and disputes
raised by employees or the Company.
Step 1
When issues are raised consultation will take place at
departmental level between employee - delegate and company representative. (If agreement not reached go to Step 2).
Step 2
Issues to be documented by filling out a resolution of
claims, issues and disputes form by employee delegate and company
representative at departmental level.
(If agreement not reached go to Step 3).
Step 3
Organise a meeting involving senior delegates (where
appropriate) and senior company Officers, e.g. Department Manager. (If agreement not reached go to Step 4).
Step 4
Organise a meeting with union officials (where appropriate)
and senior management. (If agreement
not reached go to Step 5).
Step 5
Notify the Industrial Relations Commission of NSW or
give date of intention of notification.
Where a dispute involves either party seeking to change
an existing agreement or practice, the parties shall endeavour to identify and
agree on what is the status quo. This state shall then continue to prevail
until the dispute is resolved or at least until the parties have exhausted all
steps in the above procedure.
Without prejudice to either party and except where a
bona fide safety issue is involved it is the clear intention that work should
continue while the matters are negotiated in good faith.
Where an employee encounters a problem that has been
unable to be resolved through normal channels and requires further advice
relating to any workers compensation matter, that person should contact the
relevant senior delegate (e.g. union convenor or sub-branch secretary).
30A.
Anti-Discrimination
(I) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(II) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(III) 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.
(IV) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(V) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
Notes -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
31. No Extra Claims
It is a term of this award, arising from the OneSteel
Manufacturing Wage Settlement 2001, that the Unions undertake for the period to
31 August, 2003, not to pursue any extra claims, award or other (including any
claims related to National or State Wage decisions), although the parties may
commence discussions on renewal claims after 1 June 2003.
This provision will not preclude implementation of changes
consistent with the Principles underpinning the abovementioned Agreement. It is
also recognised that in the event that issues considered under this process are
not agreed, they will be resolved in the normal manner through clause 30,
Procedure for Resolving Claims, Issues and Disputes.
32. Labour and
Business Flexibility
(I) Labour
Flexibility
(a) Sub-Contract
Labour
The Company employees and Unions agree to the use of
sub-contract labour under the following conditions:
(i) Where there
is a requirement for specialised equipment or specialised services.
(ii) Where the
skills do not exist or are not readily available in the Company's existing
labour force. (The Company agrees that where skills of the existing labour
force can be readily and economically upgraded, steps will be taken to do so).
(iii) Where there
is a requirement to meet peak or above normal demands which cannot be
reasonably met through or by another method.
(iv) It is agreed
that consultation will take place with relevant unions when the use of contractors
is being proposed.
(v) Unforeseen
incidents can occur through major plant breakdown which may preclude prior
consultation. However, every effort will always be made to facilitate
consultation. The decision to hire subcontract labour without consultation will
be made by a member of the Management Team.
(b) Workforce Peak
Loads
The Company may need to supplement the core labour
force to meet the temporary and real needs of the business.
Persons employed under these circumstances will be
advised of the temporary nature of the job and will not be covered by
Clause 37, Employment Security, of this award unless it is evident that
their position has changed to one of a longer nature
The Company is prepared to state:
(a) It will
consult with Unions and employees in accordance with the agreed consultative
process when workforce supplementation is proposed.
(b) Persons
employed in this manner will abide by Site conditions.
(c) Where such
persons are engaged the numbers involved should not exceed whichever is the
greater of:
(i) 7% of the
total AWU/FIME workforce, 10% of the total tradesmen workforce; or
(ii) the numbers
required to increase shift levels in a major production department.
(d) Where numbers
required are greater than those specified in (c), the Company agrees to consult
with Unions and employees in accordance with the agreed consultative process.
(e) It is prepared
to have discussions with Unions and employees in accordance with the agreed
consultative process when the circumstances exceed a period of 6 months.
(II) Business
Flexibility
It is agreed that purchasing from outside sources may
be required in some circumstances with proper and reasonable consultation with
Unions and employees in accordance with the agreed consultative process.
Those circumstances are:
(a) When the work
is outside equipment or skill capacity with the parties satisfied that updated
and/or improving equipment and training would be impractical.
(b) When plant
resources are already fully utilised.
(c) Where it can
be clearly demonstrated that it is uneconomical to do the work here.
(d) Delivery
urgency prevents the utilisation of plant resources. (The delivery urgency may
also prevent prior consultation).
(e) Where delivery
urgency is not an issue, the Supervisor of the Department concerned will
consult.
33. Work Environment
(I) Strategic
Innovation
To achieve long-term viability OneSteel Trading Pty
Ltd’s Newcastle Works has to provide superior customer value.
This means out performing the competition on PQRS
(Price, Quality, Reliability, Service) and being able to efficiently bring new
product on-line.
The Company, employees and Unions agree to come
together in a positive and constructive way to establish appropriate mechanisms
to implement, manufacture, install and commission any strategic development at
OneSteel Trading’s Newcastle Works.
(II) Vision
Increasing the prosperity of OneSteel Trading’s
Newcastle Works will bring benefits to all the stakeholders: shareholders,
company and employees.
To achieve this, we need to win against the
competition, and we need to accept that customers are our only source of
employment security.
(III) Communication
Policy
The Company, employees and Unions at OneSteel Trading’s
Newcastle Works recognise the importance of effective communications as a
significant contributor towards Best Practice. It is agreed that all parties
will work to continuously improve communication throughout the life of this
Award.
(IV) Rehabilitation
Policy
The Company, employees and Unions at OneSteel Trading’s
Newcastle Works, recognise and accept their obligation to assist in the
rehabilitation of employees injured or made ill during the course of their
employment.
The Company is committed to ensuring that all the
processes of rehabilitation are commenced as early as possible.
(V) Environment
Policy
The Company, employees and Unions at OneSteel Trading’s
Newcastle Works recognise their individual responsibilities to work together in
all areas detailed under relevant environmental legislation.
We will strive to continuously improve our
environmental performance and corporate image.
This will be achieved through continued involvement in
community forums and effective site structures.
(VI) Occupational
Health And Safety Policy
The Company, employees and Unions at OneSteel Trading’s
Newcastle Works recognise their individual responsibilities to work together in
all areas detailed under the Occupational
Health and Safety Act 1983 and associated legislation.
This will be achieved through a safety committee
structure supported by necessary Company resources.
(VII) Roster Days Off
Implementation of the 38 hour week will be by the
taking of 1 roster day off in each 4 week period or by other agreed methods.
To assist planning purposes a suggested set of site
roster days off will be determined by the agreed consultative methods during
November for the following year. Where these days do not suit a particular
department, alternate arrangements will be determined with consultation at
departmental level during December for the following year.
Scheduled roster days off may be varied through the
agreed consultative process to meet market or business requirements. Where the
parties are unable to reach agreement through this process such change may be
dealt with by reference to Clause 30, Procedure for Resolving Claims, Issues
and Disputes, of this Award.
Where agreed to by the Company and employees or
majority of employees involved, variation may take place on an individual,
departmental or team basis.
(VIII) Volunteer
Services - Emergency Services Personnel (Volunteer Firemen, Coastguard etc.)
In each genuine emergency situation, providing where
reasonable and practicable proper consultation has taken place, these employees
will be released to attend, and where applicable full make up pay will apply to
bring the employees' wages to that which would have been received had they
performed their normal work.
34. Consultative
Process
All parties are committed to proper consultation using the following
guidelines
(I) Role of
Senior Delegates
The Company will consult with senior delegates as a
first step between management and employees over site issues.
(II) Role of
Delegates
The Company will consult with departmental delegates as
a first step between management and employees over departmental issues.
(III) Role of
Employees
Employees are the ultimate decision making body. Proper
decisions will be made by using the agreed steps above.
35. Training
The Company, employees and Unions recognise that training is
an important contributor to increasing the total productive performance of
OneSteel Trading’s Newcastle Works.
This requires a culture which sees training as an investment
in the future of OneSteel Trading’s Newcastle Works and the employees working
within it.
Accordingly the Company, employees and Unions are committed
to the achievement of a skilled and flexible workforce to meet future
challenges facing both employees and the business.
This will be pursued through:
the establishment of a training committee with agreed
representation, scope and guidelines within which to operate
developing flexibility’s to maximise the opportunity to
train employees during normal working hours using either internal or external
training providers, on site or off site NTB accreditation of training programs
where possible
36. Employment
Security
(I) Real and
lasting employment security for all employees can only be achieved through
satisfying customer needs better than our competitors. This requires continuous improvement in our
productive performance.
However, on the journey to Best Practice the Company is
conscious of the need to reassure individuals and teams that as they work to
achieve continuous improvement this work will not be detrimental to their own
interests.
In this spirit, the Company will not compulsorily
retrench any employee as a result of Best Practice initiatives.
(II) Subject to
subclauses (III) and (IV) of this clause it is also the Company's clear
intention to not have forced retrenchments during the life of this Award.
The Company will, in the first instance, utilise the
following options in respect of employees made surplus to the requirements of
the business:
(a) Retraining
employees for other positions where appropriate.
(b) Transfer to
different positions.
(c) Natural
attrition.
(d) VRS programs.
If the above steps do not resolve the situation the
Company will enter into discussions with the Unions and delegates to find
alternatives. The package applicable in the event of redundancies arising is
set out in Appendix 1 of this Award.
(III) The employees
and their Unions are committed to assisting the Company to become a viable,
internationally competitive business.
This commitment will be demonstrated through active and positive
participation in the On-line process.
(IV) It is also the
clear intention of employees and their Unions to not have strikes, bans or
limitations over issues covered in this Award.
In the case of a dispute arising the Procedure for Resolving Claims,
Issues and Disputes, Clause 30 of this Award, will be followed.
37. Retention of Rate
Any employee who is appointed to a position where the
classification is lower than their previous position, will retain their
classification level prior to the change, until they progress to a higher
classification than prior to the change.
This will be in circumstances where there has been changes due to the
introduction of technology, changes to work practices or market changes which
affect the Company’s operations.
38. Area, Incidence
and Duration
(I) This award
rescinds and replaces the Tubemakers of Australia Limited Newcastle General
Award published on 3 November 2000 (319 I.G. 1183) as varied.
(II) This award
shall apply to all persons employed by the Company at its Newcastle Works in
the classifications set out in Table 1 - Rates of Pay, of Part B, Monetary
Rates, of this award.
(III) This Award
shall apply to the employees covered by the award to the exclusion of all other
awards.
(IV) This award shall
take effect from the beginning of the first pay period to commence on or after
14 December 2001 and shall remain in force until 31 August 2003.
39. Leading Hands
Leading hands shall receive an additional allowance per week
as shown below.
Column A - to apply from the first full pay period
commencing on or after 14 December 2001.
Column B - to apply from the first full pay period
commencing on or after 1 January 2002.
Column C - to apply from the first full pay period
commencing on or after 1 September 2002.
Column D - to apply from the first full pay period
commencing on or after 1 March 2003.
|
A
|
B
|
C
|
D
|
If in charge of not less than 3 and not more than 10
|
|
|
|
|
employees
|
$23.80
|
$24.30
|
$24.80
|
$25.30
|
If in charge of more than 10 employees but not more
|
|
|
|
|
than 20 employees
|
$35.60
|
$36.30
|
$37.00
|
$37.70
|
If in charge of more than 20 employees
|
$45.20
|
$46.10
|
$47.00
|
$47.90
|
40. Time and Wages
Book
(I) The Company
shall keep a record from which can be readily ascertained the name of each
employee and his occupation, the hours worked each day, and the wages and
allowances paid each pay period.
(II) The time
occupied by an employee in filling in any time record or cards or in the making
of records shall be treated as time on duty, but this does not apply to
checking in or out when entering or leaving the employer's premises.
(III) The time and
wages record shall be open for inspection to a duly accredited union official
during the usual office hours at the employer's office or other convenient
place. Provided that an inspection
shall not be demanded unless the Secretary of the union or the district
secretary or organiser of any division suspects that a breach of this award has
been committed. Provided also that only
one demand for such inspection shall be made in one fortnight at the same
establishment.
(IV) The official
making such inspection shall be entitled to take a copy of entries in a time
and wages relating to the suspected breach of this award.
41. Industrial
Relations
(I) The parties acknowledge
that structured, collective industrial relations will continue as a fundamental
principle of the business. That
principle recognises the important role that employees membership of a Union
has in maintaining a stable, safe and efficient working environment. An open, structured and accountable approach
to Industrial Relations has traditionally been implemented by employees being
members of the Union’s party to the award.
The parties agree to promote this approach to Union membership into the
future.
(II) All
prospective and current employees will be strongly encouraged to join and
maintain financial membership to an appropriate Union party to this award. As an introduction to the workplace, a Union
representative shall form part of the official induction program and adequate
time shall be allowed to ensure Union membership can be discussed.
(III) All employees
will be encouraged to participate in Union meetings and exercise their voting
rights.
(IV) Union officials
have right of entry consistent with appropriate NSW legislation.
(V) The Company
shall give recognition to an employee who is the union delegate representing
the employees in a shop or department where he or she is employed and he or she
shall be allowed the necessary time during working hours to interview the
Company or its representative in case of a dispute affecting employees in his
or her shop or department, provided that the Company shall not be bound to give
recognition as delegate to an employee in respect of whom a written notification
has been received from the union concerned that the union does not recognise
such employee as a delegate.
The Company shall, upon request, provide each
recognised delegate with a suitable locker for the purpose of storing relevant
union material at the workplace.
(VI) The company
will provide paid leave for delegates to attend training courses as agreed by
the parties.
(VII) The company
will provide payroll deduction facilities for Union dues payable to Industrial
Organisations party to this award.
42. Personal/Carer’s
Leave
(I) Use of sick
leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) who needs their care and
support shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, provided for in clause 21, Sick Pay,
for absences to provide care and support for such persons when they are
ill. Such leave may be taken for in
part of a single day.
(b) The employee
shall provide a medical certificate stating the illness of the person concerned
and that the illness is such as to require care by another person. In normal circumstances, an employee must
not take carer’s leave under this subclause where another person has taken
leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:
(1) a spouse of
the employee; or
(2) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(3) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "household"
means a family group living in the same domestic dwelling.
(6) An employee
shall, wherever practicable, give the Company notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the Company by telephone of such absence at the first opportunity
on the day of absence.
(II) Unpaid leave
for family purpose
(a) An employee
may elect, with the consent of the Company, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (I) above who is ill.
(III) Annual leave
(a) To give effect
to this clause, but subject to the Annual
Holidays Act 1944, an employee may elect, with the consent of the Company,
to take annual leave not exceeding five days in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(c) An employee
and the Company may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
(IV) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the Company, to take time off in lieu of payment
for overtime at a time or times agreed with the Company within 12 months of the
said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(V) Make-up time
(a) An employee
may elect, with the consent of the Company, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the Company, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(VI) Bereavement
Leave
(a) An employee,
other than a casual employee, shall be entitled to up to 3 days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in (c) below. However, where
interstate travel is involved, a period of up to one week may be considered
reasonable.
(b) The employee
must notify the Company as soon as practicable of the intention to take
bereavement leave and will, if required by the Company, provide to the
satisfaction of the Company proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave in I(c)(i) of this
clause, provided that for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
(d) 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.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(II), (III), (IV), and (V) of this clause. In determining such a request, the
Company will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
(VII) Grievance
Process
(a) In the event
of any dispute arising in connection with any part of this clause, such dispute
shall be processed in accordance with Clause 31, Procedure for Resolving
Claims, Issues and Disputes of this award.
43. Flexible
Remuneration
(I) In this
clause, "Plan" means the terms under which flexible remuneration
benefits may be offered by the company at its absolute discretion from time to
time to employees by way of a sacrifice of wages payable under this award.
Without limitation, the benefits may include, for example, superannuation
contributions and employee share plans.
(II) Despite the
provisions of this award an employee may elect:
(a) to receive the
benefits of any Plan offered by the company; and
(b) to reduce
wages otherwise due under this award by the amount required under the plan for
the benefits received by the employee under the Plan.
(III) Any election
by an employee under subclause (II) must be in the form prescribed by the
Company from time to time.
(IV) Where an
employee has made an election under subclause (II), the wages payable under
this award will be reduced by such amount as prescribed from time to time under
the relevant Plan.
(V) The reduced
wages and the contributions under the Plan will apply for periods of annual
leave, long service leave and other periods of paid leave.
(VI) The company or
an employee may only terminate or vary an election under subclause (II) in
accordance with the terms applicable to the relevant Plan.
(VII) Other than as
already provided for under any Plan, the company at its discretion may
terminate the provision of benefits under a Plan or amend the terms applicable
to a Plan. The company will give one
month’s notice of such a termination or amendment.
(VIII) The Company
shall not use any superannuation contribution made in accordance with an
employee’s election to meet its minimum employer obligation under the Superannuation Guarantee (Administration)
Act 1992 or any legislation which succeeds or replaces it.
(IX) The provisions
of this clause have been agreed to by the parties with the intent of
facilitation flexible remuneration benefits for employees covered by this
award. To remove any doubt, this clause
is not intended to:
(a) provide
substantive industrial regulation of any benefit included in a Plan; and
(b) be used as a
precedent in relation to any claim for the industrial regulation of any benefit
included in a Plan, including, for example superannuation contributions and
employee share plans."
44. Apprentices
(I) General
The Company and any apprentices employed by it shall
comply with the provisions of the NSW
Industrial and Commercial Training
Act 1989 (the ICT Act) and regulations and orders made under that Act.
(a) Every
apprenticeship contract shall contain:
(i) the names of
the parties;
(ii) the date of
birth of the apprentice;
(iii) a statement
of the trade or trades to which the apprentice is to be bound and which he or
she is to be taught during the course and for the purpose of the
apprenticeship;
(iv) the date on
which the apprenticeship is to commence or from which it is to be calculated;
(v) covenants by
the employer and the apprentice in accordance with section 36 of the ICT Act,
1989;
(vi) all other
conditions of apprenticeship.
(b) Cancellation,
Suspension or Termination of Apprenticeship
An apprenticeship may be cancelled or suspended by
consent of the parties in accordance with section 39 of the ICT Act.
The provisions of this award dealing with termination
of employment and redundancy shall not apply to apprentices, except for
apprentices engaged from existing employees.
The apprenticeship entered into between the Company and
apprentice shall set out a term or terms dealing with termination of the
apprenticeship.
(c) Proportion
(i) An employer
shall not employ apprentices in excess of the proportion of one apprentice for
every two or fraction of two tradesmen in the trade concerned.
(ii) The number of
tradesmen shall be deemed to be the average number working during the
immediately preceding six months. Any
person who is engaged by the Company in a traineeship under the ICT Act shall
not be regarded when calculating the proportion of apprentices to tradesmen.
(iii) An apprentice
who is in his or her fourth year of apprenticeship shall not be taken into
consideration in calculating the proportion of apprentices to tradesmen as
prescribed by this subclause.
(d) Probationary
Period
A person may be employed as a probationary apprentice
provided that the period of probation does not exceed three months.
(e) The minimum
weekly rate of wage for apprentices shall be the following percentages of the
(position Level 5):
Four Year Term Apprenticeship
|
Percentage
of Base Rate
|
First Year
|
42%
|
Second Year
|
55%
|
Third
Year
|
75%
|
Fourth
Year
|
88%
|
(II)
(a) Overtime and
Shiftwork
(i) Except in the
circumstances of an emergency as set out in subclause (II), no apprentice under
the age of eighteen (18) years shall be required to work overtime or shiftwork
without his or her consent.
(ii) Except in the
case of an emergency, no apprentice shall work or be required to work overtime
or shiftwork at times which would prevent attendance on the apprentice's course
of studies or training.
(b) Fees
The Company will pay all fees due to the relevant
educational institution on behalf of the apprentice. This subclause shall only apply for the normal duration of the
apprenticeship i.e. fees will not be paid by the Company for repeat studies.
(c) Text Books
Apprentices satisfactorily completing each stage of
study or training and presenting documentation of that satisfactory completion
to the employer shall be reimbursed by the employer for all text books paid for
by the apprentice.
(d) Hours
The ordinary hours of employment of apprentices shall
not exceed those of the tradesperson in the same workshop.
(e) Adult
Apprentices
(i) For the
purposed of this Award, an adult apprentice means a person of twenty-one years
of age or more at the time of entering into an apprenticeship.
(ii) The
provisions of this clause apply to adult apprentices unless specifically
provided otherwise.
(iii) Where an
adult enters into an apprenticeship for the Company, and that apprentice
previously worked for the Company immediately prior to entering into the
apprenticeship, the Company shall ensure that the apprentice does not suffer a
reduction in the rate of pay by virtue of entering into the apprenticeship.
(iv) For the purpose
only of fixing a rate of pay for that adult apprentice, the adult apprentice
shall continue to receive the rate of pay that is from time to time applicable
to the classification or class of work in which the adult apprentice was
engaged immediately prior to entering into the apprenticeship.
45. Wage Support for
Extended Periods of Illness Or Injury
(I) Purpose
These arrangements are designed to provide employees of
OneSteel with added financial security in the event of their being off work for
an extended period due to non-works illness or injury.
(II) Underpinning
principles
(a) Employees may
reasonably expect continued financial support in the event of extended illness
or injury.
(b) Employees are
expected to provide for their own security by accessing reasonable levels of
existing leave entitlements.
(c) The extension
of financial support places obligations on the employee to cooperate with the
reasonable requests of their employer.
(d) Fair &
equal treatment of all employees.
(e) These
arrangements are not intended to support "casual" absences or benefit
employees with chronic poor attendance.
(III) Extended wage
support - non-works injury or illness
(a) Subject to the
provisions of this clause, employees will receive financial support at the
ordinary time rate of pay for the period of their incapacity, up to a maximum
of twelve (12) months, in the event of their being unable to attend work
continuously for greater than one (1) month due to personal illness or injury.
(b) Employees will
be required to exhaust all available sick leave accruals before accessing the
support available under this clause.
Additionally, employees will be required to utilise:
any annual leave (including pro-rata accruals) in
excess of 4 weeks; and,
any long service leave (including pro-rata accruals) in
excess of 13 weeks
for a combined period of not more than 6 weeks before
accessing the support available under this clause.
(c) The period of
extended wage support referred in (a) above is in addition to existing sick
leave entitlements and such annual leave or long service leave as may be taken
under paragraph (b) above.
(d) Where the employee
is entitled to benefits arising from personal injury insurance (e.g., motor
vehicle CTP insurance, sporting injury insurance, etc), other than workers
compensation, the wage support otherwise extended under this clause will be
reduced by the amount of insurance benefit paid. Where such monies are paid by an insurer substantially after the
absence, the employee is required to repay such monies to the employer. The employer may require the employee to
authorise the employer to claim such monies direct from the insurer prior to
receiving extended wage support.
(e) Should
circumstances arise where the employer believes that the conduct of the
employee is such that the continued extension of wage support would be at odds
with the principles outlined in (II). above, the employer may initiate a formal
review in which the employee, and their union should they wish, are given the
opportunity to respond to any allegations prior to the employer making a
decision as to continuance or cessation of wage support. Any disputes that arise from the exercise of
this facility will be progressed in accordance with the dispute settlement
procedure.
(f) Consideration
may be given to further wage support beyond the 12 months referred to under
paragraph a) above in circumstances where the agreed rehabilitation plan for
the employee and medical opinion indicate that an immanent return to normal
duties by the employee.
(IV) Obligations of
employees
(a) Employees are
required to provide all reasonable evidence requested by the employer as to the
nature of their illness or injury including making themselves available for
examination by medical practitioners/specialists nominated by the employer
(b) Employees are
required to actively participate in any reasonable rehabilitation or return to
work plan required by the employer
(V) Exclusions -
The above arrangements will not extend to the following:
(a) Employees
engaged on a casual or fixed term basis.
(b) Employees with
less than 3 months continuous service.
(c) Absences covered
by workers compensation or arising from works related injury or illness.
(d) Casual
absences or absences of short duration.
(e) Injury or
illness arising from the unlawful actions of the employee.
(f) Absences
which would otherwise be covered by carers leave.
(g) Multiple
periods of extended absences beyond those totalling 12 months in any 3 year
period.
(h) Employees
enjoying similar support under discretionary sick leave arrangements.
(i) Absences
resulting from alcohol, drug or substance abuse.
(j) Absences
resulting from high risk sporting or recreational activities generally
precluded from personal accident insurance arrangements (such as competitive
motor sport, sky diving, etc).
(VI) Other matters
(a) Any disputes
arising from the operation of this clause will be progressed in accordance with
the dispute settlement procedures under the respective award/agreement.
(b) Nothing within
these arrangements is to be taken to preclude termination of employment where
the prognosis for the employee is that they will be unable to return to their
normal employment, subject to the employee being afforded reasonable extended
wage support so to allow them to resolve questions as to their financial
security post-termination.
(c) In November
2002, the Company and unions will undertake a formal review of the operation of
these provisions and cooperatively resolve any implementation issues
identified.
Part B
MONETARY RATES
Adult Basic
Wage: $121.40 Per Week
Table 1 - Rates of Pay
Column A - a 2% increase to apply from the first full pay
period commencing on or after 1 September, 2001.
Column B - a 2% increase to apply from the first full pay
period commencing on or after 1st January, 2002.
Column C - a 2% increase to apply from the first full pay
period commencing on or after 1st September, 2002.
Column D - a 2% increase to apply from the first full pay
period commencing on or after 1st March, 2003.
Percentage of
|
|
A
|
B
|
C
|
D
|
Level 5
|
|
|
|
|
|
160%
|
Level 14
|
$1,287.80
|
$1,313.60
|
$1,339.80
|
$1,366.60
|
150%
|
Level 13
|
$1,207.40
|
$1,231.50
|
$1,256.10
|
$1,281.20
|
145%
|
Level 12
|
$1,167.10
|
$1,190.50
|
$1,214.20
|
$1,238.40
|
135%
|
Level 11
|
$1,086.60
|
$1,108.40
|
$1,130.50
|
$1,153.00
|
130%
|
Level 10
|
$1,046.40
|
$1,067.30
|
$1,088.60
|
$1,110.30
|
125%
|
Level 9
|
$1,006.10
|
$1,026.30
|
$1,046.80
|
$1,067.60
|
115%
|
Level 8
|
$925.60
|
$944.20
|
$963.00
|
$982.20
|
110%
|
Level 7
|
$885.40
|
$903.10
|
$921.10
|
$939.50
|
105%
|
Level 6
|
$845.10
|
$862.10
|
$879.30
|
$896.80
|
100%
|
Level 5
|
$804.90
|
$821.00
|
$837.40
|
$854.10
|
96%
|
Level 4
|
$772.70
|
$788.20
|
$803.90
|
$819.90
|
93%
|
Level 3
|
$748.60
|
$763.50
|
$778.80
|
$794.30
|
89%
|
Level 2
|
$716.40
|
$730.70
|
$745.30
|
$760.10
|
86%
|
Level 1
|
$692.20
|
$706.10
|
$720.20
|
$734.50
|
82%
|
INDUCTION
|
$660.00
|
$673.20
|
$686.70
|
$700.40
|
|
INTERIM
|
*
|
|
|
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
1
|
14(III)
|
Confined Spaces
|
$0.50
|
2
|
14(IV)
|
Dirty Work
|
$0.39
|
3
|
14(V)
|
Height Money
|
$0.28
|
4
|
14(VI)
|
Hot Places
|
$0.39
|
5
|
14(VI)
|
Hot Places
|
$0.50
|
6
|
14(VII)
|
Slag Wool
|
$0.50
|
7
|
14(VIII)
|
Wet Places
|
$0.39
|
8
|
14(IX)
|
Explosive Powered Tools
|
$1.01
|
9
|
14(X) (a)
|
Chokage
|
$4.92
|
10
|
14(X) (b)
|
Spray painting
|
$0.43
|
11
|
14(X) (c)
|
Compute quantities
|
$0.43
|
12
|
14(X) (d) (i)
|
Plumber's licence
|
$0.67
|
13
|
14(X) (d) (ii)
|
Gasfitter's licence
|
$0.67
|
14
|
14(X) (d) (iii)
|
Drainer's licence
|
$0.57
|
15
|
14(X) (d) (iv)
|
Plumber's and Gasfitter's licence
|
$0.89
|
16
|
14(X) (d) (v)
|
Plumber's and Drainer's licence
|
$0.89
|
17
|
14(X) (d) (vi)
|
Gasfitter's and Drainer's licence
|
$0.89
|
18
|
14(X) (d) (vii)
|
Plumber's, Gasfitter's and Drainer's licence
|
$1.23
|
19
|
14(X) (f)
|
Handling charcoal etc.
|
$0.53
|
20
|
14(X) (g)
|
Clothing allowance
|
$1.22
|
21
|
14(X) (h)
|
Gas or water space
|
$0.95
|
22
|
14(X) (i) (i)
|
Epoxy based materials
|
$0.53
|
23
|
14 (X) (i) (ii)
|
Epoxy based materials - additional
|
$0.35
|
24
|
14 (X) (i) (iv)
|
Epoxy based materials - working in close proximity
|
$0.41
|
25
|
14 (X) (j)
|
Plumbers, Gasfitters and Drainers licence
|
$0.51
|
26
|
14(X) (k)
|
Rigger licence class 1 or 2
|
$7.22
|
27
|
14(X) (k)
|
Rigger licence class 4
|
$4.04
|
28
|
14(X) (l) (iii)
|
Toxic substances
|
$0.50
|
29
|
14(X) (l) (iii)
|
Toxic Substances - working in close proximity
|
$0.41
|
30
|
14(XIII)
|
Electrical Tradesperson Licence
|
$0.68
|
31
|
15(V) (a) (ii)
|
Meal Allowance
|
$8.90
|
32
|
15(VII) (b) (ii)
|
Meal Allowance
|
$8.90
|
Appendix 1
Redundancy
1. Purpose
These arrangements are designed to provide employees
with fair and reasonable benefits in the event of redundancy.
2. Definitions
In this clause:
"week's pay" means the employees weekly
ordinary time rate of pay including award rate, overaward rate and all-purpose
allowances but excluding shift allowances, weekend penalties and overtime.
"continuous service" means unbroken service
under a contract of employment of indefinite duration and excludes periods of
unpaid leave of absence including unpaid parental leave.
"redundancy" means the employer has made a
decision that the employer no longer wishes the job an employee has been doing
done by anyone, and this is not due to the ordinary and customary turnover of
labour; and that decision results in the termination of employment.
"employee" means an employee engaged under a
contract of employment of indefinite duration and excludes casuals, fixed term
employees and employees engaged under a training contract (such as apprentices and trainees).
3. Notice
In the event of forced redundancy, the employee will be
provided a minimum of 4 weeks notice of termination (or 5 weeks if the employee
is 45 years or older with 2 or more years continuous service) or payment in
lieu of notice.
In the event of voluntary redundancy, the period shall
be on an agreed basis, but not exceeding 3 months and there shall be no payment
in lieu of notice.
4. Redundancy
Benefit
Subject to the terms of this subclause, employees
terminating by reason of redundancy will be paid a redundancy benefit on
termination of 4 weeks pay per year of continuous service (pro-rata for part
years) provided that:
the minimum benefit is 8 weeks;
the maximum benefit is 104 weeks.
The above minimum and maximum redundancy benefits do
not include any notice due or paid under 3 above.
These redundancy arrangements will come into effect
from the 14th December 2001, subject to the following conditions:
(a) For the period
from date of formal acceptance of this agreement to 31 March 2002, employees
leaving by means of redundancy will receive the better of:
the redundancy benefit outlined above; or
the existing OneSteel redundancy benefit.
(b) Any employee
who as of 1 October 2001 has attained 36 years or more continuous service who
leaves the Company by cause of redundancy shall, in addition to the redundancy
benefit above, be paid an ex gratia redundancy benefit of 2.5 weeks at the
employee’s weekly ordinary time rate of pay for each year of service in excess
of 36 years (pro-rata for part years).
(c) For the life
of this agreement, any permanent employee who as at 1 October 2001 has at least
6 months but less than 9.3 years continuous service who leaves the Company by
cause of redundancy shall be paid a redundancy benefit of 14 weeks pay plus 2.5
weeks pay per year of service. This benefit will be lieu of the redundancy
benefit above.
5. General
Exclusions
(a) Nothing in
this clause shall be read as:
requiring the employer to extend a redundancy benefit
to an employee where the employer offers the employee comparable alternative
employment (including alternative employment with rate retention arrangements
as elsewhere provided for under this award/agreement).
giving rise to an entitlement to a voluntary redundancy
benefit in the absence of a formal offer by the employer.
(b) Redundancy
benefit will not be paid in event of:
termination due to succession, assignment or
transmission of business where the new employer offers the employee acceptable
alternative employment with continuity of service; or,
where the employer otherwise obtains an offer of
acceptable alternative employment for an employee.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.