NEW SOUTH
WALES METSERV PTY LIMITED INDUSTRIAL RELATIONS AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by MetServ Pty Limited.
(No. IRC 209 of 2003)
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Before Commissioner McLeay
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24 January 2003
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AWARD
Arrangement
Clause No. Subject Matter
1. Introduction
1.1 Title
1.2 Purpose
1.3 Duress
1.4 Commencement and Term of the Award
2. Employment
Conditions
2.1 Contract of Employment
2.2 Employment Selection
2.3 Letter of Appointment
2.4 Team Leader Selection
2.5 Part Time Employment
2.6 Casual/Fixed Term Employees
2.7 Unapprenticed Junior Labour
2.8 Payment of Wages
2.9 Clothing Issue
2.10 Requirement
to Work in Accordance with the needs of the Business
2.11 Security of Employment
3. Hours of
Work
3.1 Ordinary Working Hours
3.2 Overtime
3.3 Day Work and Meal Break
3.4 Shift Work and Crib Break
3.5 Transfer between Day Work, Shift Work and Rosters
3.6 Night Work
3.7 12 Hour Shift Conditions
4. Rates of
Pay
4.1 Wages and Classifications
4.2 Shift Work Allowances
4.3 Meal Allowances
4.4 Tool Allowance
4.5 Electrical License
4.6 Superannuation
4.7 Bonus Payments
4.8 Team Leader Allowance
4.9 Training Payments
5. Leave
5.1 Annual Leave and Loading
5.2 Public Holidays
5.3 Days Added to the Period of Annual Leave or Long Service
Leave
5.4 Long Service Leave
5.5 Parental Leave
5.6 Sick Leave
5.7 Compassionate Leave
5.8 Community Service
6 Disciplinary Policy
6.1 Objectives of Discipline Policy
6.2 Employee’s Right to have a Witness Present at an Interview
6.3 Stages of Discipline
6.4 Repetition of Misdemeanours after Lapse of Warnings
6.5 Avoidance of Disputes
6.6 Degree of Discipline
6.7 Employee Assistance Scheme
7. Training
and flexibility
7.1 Training Provisions
7.2 Appraisals
8. Occupational
Health and Safety
8A. Anti
Discrimination
9. Continuity
of Production and Procedure for Resolving Issues and Differences
10. Essential
Services Dispensation
11.
Site Employee Representative
11.1 Right of Entry
11.2 Union Delegates
11.3 Participation and Communication
11.4 Delegate Training
12. No Extra
Claims
13. Appendices
Appendix 1 - Offer of Employment
Appendix 2 -Repairperson Relevant
Qualifications that
apply to this
Award
Appendix 3 - Rates of Pay
Appendix 4 - Pay Allowances
1. Introduction
1.1 Title
This award shall be known as the New South Wales
MetServ Pty Limited Industrial Relations Award.
1.2 Purpose
The purpose of this award is to regulate the conditions
of employment and to describe the enterprise agreements which will exist
between MetServ Proprietary Limited ("the Company") and The
Australian Workers' Union, New South Wales Branch, Electrical Trades Union of
Australia, New South Wales Branch and Transport Workers' Union of Australia,
New South Wales Branch ("the Union") at its operations located within
the BHP Port Kembla Steelworks, Port Kembla.
This award shall apply to employees of MetServ
Proprietary Limited at Port Kembla in the classifications contained herein.
MetServ Pty Ltd, a specialised Metallurgical Services
Company, consistently strives to perfect its cost-competitive materials
handling solutions to its customers. This is achieved through professional and
skilled Employees who ensure a safe and rewarding workplace in order to
maximise growth and profits.
It will be the objective of the parties to create a
work environment at the MetServ operations which will encourage and support a
highly skilled, committed and fully flexible workforce, based on team work and
employee development as priorities in achieving the success of the business and
a positive direction for the future. Changes needed to achieve best business
practice and client satisfaction will be discussed and negotiated by
consultation with employees.
1.3 Duress
This Award has not been entered into under duress from
any parties associated with it.
1.4 Commencement
and Term of the Award
The Award shall come into force from 1st September
2002, and shall apply for a period of two (2) years from that date. There shall
be an automatic extension of the term for one (1) more year, unless either
party expresses it’s written desire to terminate the agreement at the end of
two (2) years within three (3) months of the termination. The parties agree
that negotiations on a new Award will be initiated within six (6) months of the
termination of this Award.
The Award shall rescind and replace the terms and
conditions of employment regulated by the NSW MetServ Pty Ltd Industrial
Relations Award, published 17 November 2000 (320 I.G. 406)
2. Employment
Conditions
2.1 Contract of
Employment
(i) Employment
shall be on a weekly basis
(ii) Permanent
employment of new employees shall be for a probationary period of thirteen
weeks service. Should it be decided that the performance is unsatisfactory,
then following discussions with a union representative, the employment of the
probationary employee may be terminated on completion of the thirteen-week
trial. Management will always have the right to terminate an employee for
serious breach of rules or policies in consultation with the relevant Team.
(iii) Subject to
Company Disciplinary Procedures, Clause 6, employment shall be terminated by a
weeks 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 been given notice by the Company, he shall, upon request, be granted leave
or absence without pay for one day or shift during the period of notice in
order to look for alternative employment.
(iv) Any employee
taking unauthorised absence from duty shall not be paid for the actual time of
such non-attendance and may be subject to further disciplinary action.
(v) The
obligations of the Company and employees to customers and their employees must
be respected by ensuring actions of the company or employees do not adversely
affect customers.
2.2 Employment
Selection
It is the policy of the Company to ensure that no
person is engaged for any task for which they are not suited. This is to be
achieved by the following Pre-Employment Selection Process:
(a) Definition of
the tasks to be performed and the requisite skill requirements;
(b) Pre-selection
of prospective applicants to be interviewed following their completion of the
MetServ Application form;
(c) Interviewing
and selection of applicants will follow the External Recruitment process as
defined in Company Procedures;
(d) Checking of
Employment Application for any previous injuries and references with previous
employer(s);
(e) Pre-employment
medical examination in accordance with the Company Policy; and
(f) Pre-employment
aptitude and skill tests as required by the Company.
(g) The team
personnel selection process is described in Company Policies.
2.3 Letter of
Appointment
(a) Prior to
joining the Company, each successful applicant will receive a letter
"Offer of Employment"’, as per Appendix 1, setting out the Conditions
of Employment.
(b) Upon agreement
of the conditions and requirements of employment, indicated by signature of the
applicant on the Offer of Employment and return to the Company, and on
completion of a satisfactory Medical Examination and satisfactory references,
the prospective candidate will be appointed.
2.4 Team Leader
Selection
Team Leaders are to be selected by the Teams from
employees who have attained or who have demonstrated the ability to attain
Level E. The Team’s choice will be confirmed by Site Management following
consultation with the Team if there are any issues to be discussed. The selection
of Team Leaders capable to represent the Company when dealing with BHP and
other parties and to control Team activities to maintain an efficient
workplace, is vital to the Company’s success.
There will be no more than one Team Leader and one Team
Leader relief per shift group.
If a Team wishes to deselect a Team leader the case for
deselection will be put to the General Manager for approval or otherwise. Such
approval shall not be reasonably withheld. If the Team is of the majority
opinion that that approval has been unreasonable withheld, the Team may appeal
the decision, assisted by the Union.
2.5 Part Time
Employment
Part time employees may be engaged to the needs of the
business on an ongoing basis for a period of between 15 hours per week but less
than 38 hours per week. Part-time employees will be eligible for the
entitlements provided in this Award on a pro rata basis. If work practices are
to be substantially changed due to this practice, there shall be consultation
between parties.
2.6 Casual/Fixed
Term Employees
(i) Casual
employees may be employed from time to time to satisfy fluctuating short-term
requirements in manpower and are those employees expressly engaged as such and
for whom the contract of hiring shall be deemed to be hiring by the hour.
Casual employees may also be hired for fixed terms to be clearly stated in the
Offer of Employment. If work practices are to be substantially changed due to
this practice, there will be consultation between the parties.
(ii) For working
ordinary time, a casual employee shall be paid per hour 1/38th of the
appropriate weekly wage prescribed for the work which they perform plus a 20%
loading. The 20% loading incorporates Sick Leave, Annual Leave, Rostered Days
Off (RDO) and all other forms of Leave, and Public Holiday allowances.
There shall be a minimum engagement of eight hours for
a casual employee.
The following terms and benefits will not apply to a
casual employee: Termination, Sick Leave and Superannuation. Casual workers
will be paid the Superannuation Guarantee Levy as required by law.
(iii) A fixed term
employee means an employee engaged and paid as a full time employee on a weekly
basis for a defined period of employment as defined in Appendix 1. The employee
should also sign an offer of employment (Fixed Term) attached as in Appendix 1.
(iv) At the time of
engagement a fixed term employee will be notified in writing that the
engagement is on a casual basis.
(v) No term
employee may be engaged for more than two consecutive terms which can be a
maximum period of three months and nine months respectively. If work continues
for which the term employee was engaged after the two terms then the employee
will be engaged permanently. No other term or casual employee may be engaged to
continue with such similar work.
(vi) During any
terms of employment casual and term employees will be subject to regular
performance appraisals and may be terminated due to poor or unacceptable performance.
2.7 Unapprenticed
Junior Labour
Unapprenticed junior labour may be employed where
permitted by law at work suitable for juniors or work experience according to
age. In cases where a junior is capable of performing and does work which
ordinarily is regarded as suitable for persons under the age of 21 years, they
shall be paid the adult rate while so engaged. No junior under the age of 18
years will be required to work overtime unless they are willing to do so. Every
unapprenticed junior shall give at least a fortnight’s notice of his/her change
of age.
2.8 Payment of
Wages
(i) All employees
will be paid by means of Electronic Funds Transfer into a nominated Bank or
Credit Union account.
(ii) Funds shall be
deposited weekly into employees’ accounts by Thursday of each week except in
circumstances beyond the Company’s control.
(iii) Prior to or
on the nominated pay day, each employee will be provided with written advice
detailing hours worked, all monies earned and all deductions taken on behalf of
the employee and any other information as may be considered relevant.
(iv) Out-of-Shift
scheduled work and pay adjustments will be made within the following week of
notification and approval.
2.9 Clothing Issue
The Company recognises the need to supply employees
with a suitable uniform to meet the safety standards of the workplace and
Government Legislation. The guidelines for the type and issue of clothing will
be determined by the OH & S Committee and the Company.
Administration personnel will be entitled to two
clothing issues per annum, one in winter, the other in summer.
2.10 Requirement to
Work in Accordance With the Needs of the Enterprise
For the purpose of meeting the needs of the enterprise,
the employer may require an employee to work a reasonable amount of overtime,
including work on Sundays and holidays at the rate prescribed by this award and
unless reasonable excuse exists, the employees shall work in accordance with
such requirement.
2.11 Security of
Employment
(i) The Company
Policy is to encourage employees to continue working unless the employee
suffers from disablement.
At the time of retirement, the following conditions are
to apply:
Payment of Superannuation Benefits accrued.
Payment of accrued Long Service Leave.
Payment of any accrued Leave entitlements.
Payment of all accrued Sick Leave.
(ii) It is
proposed that through the limited use of casuals, significant fluctuations in
numbers of permanent employees will be limited during the life of this Award.
(iii) Security of
employment is important for improving working relationships, trust and
cooperation with change. An environment where everyone is working in fear of
losing their employment is not desirable. An environment where people focus on
doing their jobs safely and well, implementing improvement actions, adapting
swiftly to change and caring for the business is preferred. Real employment
security will only be achieved by successful business performance. Working
together in implementing change and improvement will maximise the security for
everyone.
(iv) The Company
does not presently foresee any forced retrenchments during the life of this
Award. However, should retrenchments become necessary then an employee will
receive:
(a) Four weeks pay
plus 10 weeks additional compensation, as defined in Clause 4, Rates of Pay.
(b) 2.5 week’s pay,
as defined in Clause 4, Rates of Pay, for each year of continuous service.
(c) This scheme has
a maximum of 52 weeks pay.
(d) In addition the
employee will receive all accrued sick leave.
(e) In addition
the employee is entitled to receive the following accrued entitlements:
Payment of Superannuation Benefits Accrued
Payment of accrued Long Service Leave
Payment of any accrued Annual Leave entitlements
(v) While
workplace change, new technologies and changes in operations will be ongoing
every opportunity will be taken to effect changes through voluntary means and
natural attrition. Should this not be possible then both parties shall enter
into further discussions with a view of resolving the situation to the
satisfaction of both parties.
(vi) The Employees and
Unions agree to co-operate with the Company in the relocation of cutting
technology to ‘Project M’. This will lead to redeployment and/or reduction of
at least 4 personnel following consultation between the parties.
3. Hours of Work
3.1 Ordinary Working
Hours
(i) For all
employees, ordinary working hours shall be an average of thirty eight (38)
hours per 5-day week over the full cycle of the relevant work roster. Ordinary
working hours shall not exceed:
(a) Eight during
any consecutive twenty-four hours; or
(b) 152 in twenty
eight (28) consecutive days except for rostering arrangements which provide for
the weekly average of 38 ordinary hours to be achieved over a period exceeding
28 consecutive days.
(ii) The starting
and finishing times of ordinary work and shifts shall be determined by the
Company taking into account the needs of the client and may be varied following
consultation with employee representatives, with adequate notice to employees.
(iii)
(a) Shift workers
are employees working a scheduled pattern outside of ordinary day work. Shift
workers may work fixed, rotating or alternating shift patterns on a one, two or
three shift system.
(b) "Day
Shift" ordinary working hours shall be worked Monday to Friday inclusive
between 6.00 am and 6.00 pm.
(c) "Night
Shift" means any shift finishing after midnight and at or before 8.00 am.
(d) "Afternoon
Shift" means any shift finishing after 6.00 pm and at or before midnight.
(e) A shift shall
be determined as being a Saturday, Sunday or Public Holiday if the major
portion of that shift is worked on that day.
3.2 Overtime
(i)
(a) "Overtime"
is work performed in excess of or outside the ordinary working hours and times prescribed
by subclause 3.1. and shall be paid at the rate of time and one half for the
first two hours and at the rate of double time thereafter.
(b) Except in the
case of urgent breakdown work necessary to secure an immediate resumption of
operations, overtime shall be paid for all time worked by day workers in excess
of five hours without a meal break.
(c) Overtime shall
be paid for Shift workers at the rate of time and one half for the first two
hours and at the rate of double time thereafter for all time worked:
(i) In excess of
the ordinary working shift hours prescribed by this award; or
(ii) On more than
eleven shifts in twelve consecutive days; or
(iii) On a rostered
shift off: or
(iv) In excess of
five and one half hours without a Crib break.
(d) For shift
workers overtime shall be paid at the rate of double time for all time worked
on Saturday and Sunday.
(ii) Where
overtime is scheduled on Roster days, and an agreement has been reached to work
such overtime:
(a) If employees
are unavailable to work for personal or other than sickness reasons they must
give three (3) days’ notice to their Supervisor or Team Leader of this
unavailability.
(b) The Company may
not cancel such programmed work on rostered-off shifts with less than three (3)
days’ notice or shall pay for a minimum of four (4) hours at the overtime rate.
(iii)
(a) Overtime is
not payable when time is worked by arrangement between the employees
themselves. Employees wishing to change their rostered working hours or
exchange with other employees must advise the Company beforehand.
(b) Overtime is not
payable for the purpose of affecting the customary rotation of shifts.
(iv)
(a) Subject to the
Contract of Employment an employee who presents him/herself for their ordinary
work without notice that they are not required shall be paid at least four
hours pay.
(b) Employees
(i) recalled to
work overtime after leaving the place of work whether notified before or after
leaving the premises; or
(ii) required to
report and who do report for overtime on a public holiday or a day other than
an ordinary working day including rostered days off shall be paid for a minimum
period of four (4) hours at the appropriate rate for each such occasion, unless
the period to be paid overlaps with a rostered shift. Overtime call outs within
2 hours of normal rostered shifts will be paid at double time for that period
or the person may choose to work his normal shift hours from the commencement
of the call out at the normal shift rate.
(iii) Overtime work
is not a right or privilege of individuals or groups and, when offering
overtime, preference may be given to employees working that function, and then
to other employees with necessary skills and training on a fair and equitable
basis.
(iv) When overtime
work is necessary, wherever practicable, it shall be arranged that employees
have at least eight consecutive hours off duty between the work of successive
days. An employee who works overtime such that they do not get eight successive
hours off between working days shall, subject to this Clause, be released after
completion of such overtime until they have had eight hours off duty without
loss of pay for ordinary working time during such absence. No more than 16
consecutive hours shall be worked at any one time.
If, on instruction from the Company, an employee
resumes or continues working without eight consecutive hours off duty, he/her
shall be paid at double rates until released from duty and then be entitled to
be absent until having eight consecutive hours off duty, without loss of pay,
for ordinary working time during such a period.
(v) Either (a) a
day worker, required to work on a Saturday, Sunday, a 38-hour week rostered day
off, or a public holiday, or (b) a Monday to Saturday shift worker required to
on a Sunday, a 38 hour week rostered off day or a Public Holiday, shall be paid
for a minimum of four hours’ work. Where the actual time worked is of shorter
duration than four hours, the working period shall not be regarded as overtime
for the purpose of section (iv). above.
Where an employee has transferred from one system of
work to another system of work upon instruction from the Company then that employee
shall be paid at overtime rates for any shift upon which they are employed as a
shift worker in respect of which they have not been given 48 hours notice.
3.3 Day Work and
Meal Break
On each day worked, Monday to Friday inclusive,
forty-five minutes is allowed to Day workers for an unpaid meal break and,
except in the case of urgent/breakdown work needed for an immediate resumption
of operations, should be taken between the hours of 11.30 am to 1.20 pm.
3.4 Shift Work and
Crib Break
Shift workers shall be allowed twenty (20) minutes,
counted as time worked for a Crib break, to be taken at a time convenient to
the Plant operations and regard to other shift employees’ needs. Shift workers
are not permitted to leave the site during this break unless authorised.
3.5 Transfer
Between Day Work, Shift Work and Rosters
(i) For the
purpose of meeting the needs of the industry, the Company may require any
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
cause exists, an employee shall transfer in accordance with such requirement.
(ii) Day workers
may be employed as, and become, shift workers for a period of not less than
five shifts when the fifth shift is their 38-hour week rostered off shift and
shall be paid accordingly.
Provided that an employee shall be paid at overtime
rates for any shift upon which he/she is employed as a shift worker under this
Clause in respect of which they have not been given at least 48 hours’ notice.
(iii) A shift
worker who is required to work on a shift other than the shift on which he/she
would ordinarily have been rostered shall be paid at overtime rates for any
such shift in respect of which they have not been given at least 48 hours’
notice. This will not apply where the employee reverts to their normal shift
pattern or where employees change shifts at their own request.
3.6 Night Work
Subject to subclause 4.2 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 worker
who is required in lieu of a day shift on which he would ordinarily be rostered
to work at night for a period of not less than eight hours on less than five consecutive
nights or on less than four consecutive nights when the fifth night is his/her
38-hour week rostered off night shall be paid at the rate of time and one half
or the ordinary rate under Appendix 3, Rates of Pay, except:
(c) On Saturday, Sunday,
38-hour week rostered off days and holidays; and
(d) In respect of
any night for which he/she has not been given
at least 48 hours’ notice when they shall be paid at overtime rates for day
workers. No shift allowance is payable in respect of night work under this
subclause. In this Clause, "night" means any hours between 6.00pm and
6.00 am, and "day shift workers" means a worker employed on a shift
system involving day shift only.
3.7 12 Hour Shift
Conditions
Shift work may be performed in either 8-hour or 12-hour
shifts. For work in 12-hour shifts the following conditions will apply:
3.7.1 Hours of Duty
(a) During the
life of this Agreement the ordinary hours of duty will be 12 hours per shift.
(The implementation of Project M Scrap Cutting may change the hours of duty for
this area from 12 hours to 8 hours. Consultation with the Union will occur as
per paragraph 2.11(vi)). The hours rostered will average 42 per week over the
roster cycle of 8 weeks.
(b) Day shift will
commence at 6am and finish at 6pm.
(c) The first
shift of the week will be the Sunday day work.
(d) Night shift
will commence at 6pm and finish at 6am the next day.
(e) All employees
must be on the job and ready for work to have relieved the previous shift by
6am or 6pm as appropriate.
(f) For the
purposes of payment the day upon which any shift commences will determine such
penalty rates or benefits that may be paid for that working shift.
3.7.2 Shift
Allowances
(a) A shift
allowance of $15.65 shall be paid per shift worked on the rotating 12-hour
shift roster.
3.7.3 Penalty Rates
(a) There is no
change in penalty rate entitlements for overtime or for weekend shift work.
(b) Overtime will
not commence until 12 ordinary hours have been worked each shift. Payment for the
first two hours of work beyond the 12-hour shift will be at time and a half and
thereafter at double time. Overtime worked on Saturday and Sunday will be paid
at double time.
(c) Weekend Shift
work:
Saturday - for ordinary 12-hour shift work payment will
be paid at the rate of time and a half i.e. 18 hours
Sunday - will be at double time i.e. 24 hours
Public Holiday Work - payment will be at double time
and a half i.e. 30 hours.
3.7.4 Training
(a) Employees will
be paid for the time they attend for training and this shall be a minimum
payment of four hours.
(b) A minimum
notice period of 48 hours shall be given to the employee to be trained and the
trainer of arrangements to train outside ordinary work hours.
3.7.5 Pays
(a) The hours paid
per weekly pay period will be averaged over the roster cycle and pays shall be
equal to the average weekly pay regardless of the normal days worked in each
pay period subject to variations detailed in b). In addition a shift allowance
equivalent to $15.65 per 12-hour shift will apply to all hours worked.
|
Calculation of
Average Hours Paid Per 8 Week Cycle
|
|
|
Total Hours Worked
|
Total Hours Paid
|
Average Hours Paid
|
|
Normal Hours
|
304
|
304
|
38
|
|
Sat Loading
|
|
24
|
3
|
|
Sun Loading
|
|
48
|
6
|
|
Overtime 1.5
|
6
|
9
|
1.125
|
|
Overtime 2.0
|
26
|
52
|
6.5
|
|
Totals
|
336
|
437
|
54.625
|
Penalty Rates to be applied are:
|
Day Shift
|
13.45 ordinary hours paid / 12 hour shift
|
|
Night Shift
|
13.45 ordinary hours paid / 12 hour shift
|
|
Saturday Shifts
|
18 ordinary hours paid / 12 hour shift
|
|
Sunday Shifts
|
24 ordinary hours paid / 12 hour shift
|
(b) The only
adjustments to averaged weekly pay will be additional overtime worked outside the
12-hour shift roster, absence, Public Holidays or payment for additional days.
3.7.6 Overtime
Coverage
(a) When overtime
coverage is required due to unplanned absence on a shift, the supervisor or
team leader will in the first instance call on any personnel rostered off but
made available through the voluntary overtime roster.
(b) If no personnel
can be made available through the voluntary overtime roster then day shift
personnel will be contacted and offered the overtime shift.
(c) If no rostered
off or day shift personnel can be made available then an employee from the
previous shift may be required to stop an additional 4 hours to ensure
continuity of production to the customer. Another employee from the following
shift may be required to attend four hours early and the interim four hours
will be covered by attending team members.
3.7.7 Relief on the
Job
(a) Employees
shall provide on the job shift changeovers. This requires the oncoming relief
to be at the place of work, or equipment, before the outgoing person ceases to
work.
(b) In the event
that the oncoming shift relief does not arrive then employees may be required
to remain on the job for up to four hours or until a replacement is arranged to
provide continuity of production and services.
3.7.8 Early Relief
Employees may continue to relieve to a maximum of one
hour before or after the normal shift commencement time by mutual agreement.
3.7.9 Shift Swaps
Shift swaps by arrangement between employees will still
be permissible but will not be approved if the swap will bring about a double
12-hour shift.
3.7.10 Public Holidays
(a) For the
purposes of this agreement, each day is deemed to commence at 6am and extend
for a 24-hour period to 6am the next day. The first shift of the week shall be
shift commencing Sunday 6am.
(b) For the
purposes of payment the two shifts commencing during the 24 hours of the Public
Holiday will attract the Public Holiday payments or penalty rates.
(c) Public Holidays
falling on a rostered day off will be paid at 8 hours.
3.7.11 Meal Breaks
(a) A maximum of
three meal breaks up to sixty minutes may be taken by arrangement with the team
and shall be counted as time worked. The breaks should be arranged so that they
are taken at regular intervals at a time to best suit the needs of the
business.
(b) 12 hour shift
operators are expected to be flexible in working arrangements to allow for
shift and meal breaks to be taken by all employees on shift.
3.7.12 Annual Leave
(a) Basis of
Payment:
An employee’s annual leave entitlement is governed by
the terms of the Annual Holidays Act
1944 which describes entitlement in "weeks". The act stipulates that
an employee is entitled to "4 weeks" annual leave, plus an additional
"week" for a year working 7-day roster. Payment for annual leave will
continue to be paid according to the days rostered on to work during each week
of annual leave (Pay by Roster).
(b) Annual leave
will be credited in hours and when taken will be deducted by the hour.
(c) Annual leave
may only be taken by the week (with the exception of added days). A week is
defined as four consecutive normal 12-hour shifts totalling 48 working hours.
One week may be taken at a time unless this interferes with shift cover
arrangements when it would be required to extend 12-hour shift employees to
longer periods of holidays. Total annual leave entitlement will be 16 normal
12-hour shifts totalling 192 working hours.
(d) Annual leave
shall be paid on an average pay per day basis. For each day rostered on during
the annual leave period, an employee shall be paid an average per day as shown
on the schedule attached.
(e) Added days to
Annual Leave:
Added days shall be paid according to the roster being
worked at the time the added days are actually taken. If an employee is on
12-hour shifts at the time the added day is taken, the added day will be paid
as 12 hours. If the employee is working to an 8-hour roster at the time the
days are taken it shall be paid as 8 hours. Employees can accrue no more than 5
added days at anytime the balances of days to be paid out.
(f) Public
Holidays During a Period of Annual Leave:
Paragraph (i) of subclause 5.3 of this Award states
that "In the case of an employee who was, at the commencement of his/her
Annual Leave or Long Service Leave, employed as a seven-day shift worker whose
ordinary working period includes Sundays and Holidays, shall have one day added
to their Annual/Long Service Leave in respect of any Holiday prescribed."
If this added day is a day on which the employee would be rostered to work a 12
hour shift, payment will be made for 12 ordinary hours.
(g) If the accrued
holiday is on a day that would normally have been rostered off, then the
employee has a choice of being paid 8 hours for that day OR having an added 8
hours accrued (Refer to subclause 5.3).
3.7.13 Sick
Leave
(a) Sick leave
will continue to be credited in hours and when taken will be deducted by the
hour in accordance with the Penalty Rates applied).
(b) Two single,
non-consecutive days per calendar year (12 working hours) may be taken without
a supporting doctors certificate. Any further days taken must be supported by a
medical certificate.
3.7.14 "Special"
12 Hour Shift
To comprise of 6 people operating as two 3 man teams.
These six employees transferring to a 12-hour special
day roster from the existing 12-hour day/night shift roster operating as at
19th August 2002 will maintain the existing shift premiums. Future changes to
this group will be under the terms of the Award and will undergo a consultative
process.
4. Rates of Pay
4.1 Wages and
Classifications
Rates of pay have been set with regard to the nature
and location of the work, working arrangements, qualifications and skill level
required, and includes compensation for any special disabilities, conditions
and responsibilities associated with the work, including consideration of
climatic work related factors, and the supply of tools, equipment and clothing.
Rates of pay are total and inclusive, not subject to rates or allowances other
than defined in this Award.
An employee who is required to do work carrying a
higher rate than his/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.
It is requirement that employees gain a WorkCover
Competency certificate where applicable but in all cases a MetServ Competent
Certificate to receive payment for that skill. Provided employees fully satisfy
all requirements of the Competency test then there should be no restriction to
issuing of a Certificate.
Employees must work progressively through all levels of
the Classifications within Production, Maintenance or Administration.
Employees can move to higher classifications as defined
in this Award as soon as they have gained ALL relevant qualifications,
including Grade A.
(i) The ordinary
and minimum weekly rates to be paid to any classification of adult employee shall
be in accordance with the following levels and set out in Appendix 3 - Rates of
Pay:
"Trainees" shall mean persons training to be
multiskilled workers for performing skills in Process, Servicing and
Maintenance. Trainees will commence at PE Grade A rates.
"Production Employee Grade A" shall mean a
multiskilled person capable of performing and willing to use all skills in
Process, Servicing and Maintenance in the following categories:
3B Truck, Backhoe or Equipment Ticket, Basic Oxy
Cutting (Hand Torch, Oxy Truck) or Iron Pouring, Forklift (Up to 9T), Site and
Departmental Inductions (including Personal Isolation), and First Aid or BHP
Rail Isolation.
Grade A Employees will be employed on 3 months
probation at casual rates of pay during which time they are required to
successfully complete all the above qualifications.
"Production Employee Grade B" shall mean a
multiskilled person capable and competent of performing and willing to use all
skills in Process, Servicing and Maintenance at PE Grade A and, in addition,
proficient in one or more of the following categories:
On-Highway Ro/Ro (Hooklift) Truck (Transport Worker
Grade 5), On-Highway Articulated Vehicle Operators (Transport Worker Grade 7),
Oxy cutting machines and Lancing, Forklift (Larger than 9T), Kress EP500, Kress
EPD 200C, Excavator, Dump Truck, Rubber-tyred Frontend Loaders (7.3m3).
"Production Employee Grade C" shall mean a
multiskilled person capable and competent of performing and willing to use all skills
in Process, Servicing and Maintenance at PE Grade A plus 3 skills in Grade B OR
one of the following crane skills:
Portal Crane Operation (WorkCover Ticket and MetServ
Certificate), Drop Balling Crawler Crane Operations (WorkCover Ticket and
MetServ Certificate).
"Production Employee Grade D" shall mean a
multiskilled person capable and competent of performing and willing to use all
skills in Process, Servicing and Maintenance at PE Grade A plus five (5) skills
from PE Grade B or PE Grade A plus three (3) skills from PE Grade B plus one
(1) crane skill from PE Grade C.
"Production Employee Grade E" shall mean a
multiskilled person capable and competent of performing and willing to use all
skills in Process, Servicing and Maintenance at PE Grade A plus six (6) skills
from PE Grade B and C (of which at least one must be a crane skill) plus Team
Leadership skills.
For an employee to obtain Level E, he must satisfy an
assessment criteria and examination to determine leadership capability.
The Company and Union would assess and agree the most
appropriate criteria but would include:
Competency test of Policies/Procedures compliance
requirements.
It is agreed between the parties that should any employee
be able to demonstrate genuine restrictions that totally prevent him/her
attaining a crane skill, then they may request to be referred to the Site
Management and the team for consideration of an alternative career path to
Grade E. Reclassification of any employee who would be under this provision at
the time of signing the award will be made from date of the award. Payment for
Grade E classification will only be made to those employees duly competent of
exercising the function as Team Leader.
Team Leadership skills are defined as Inspections and
understanding of: Radiation Alarms, Rail Isolation, Vehicle Escorts, Scrapyard
Computer System; Iron Pouring; Incident Reporting & Investigation; Handling
of Dangerous & Deleterious Materials; SafeSteel/STOP and Administration,
oversize scrap auditing, customer liaison, wet weather procedures.
It is a requirement for payment that employees are
willing to use all skills for which they are recognised and paid, at any time
for the needs of the team and business.
(ii) Repairpersons
The ordinary and minimum rates to be paid to any trade
classification of an adult employee shall be in accordance with the following
levels and career paths for Electrical and Mechanical streams and set out in
Appendix 2, Repairperson Relevant Qualifications that Apply to this Award.
Repairperson shall mean a multiskilled person who has
completed an indenture of apprenticeship in a recognised trade and who performs
work in one of the following categories:
"Repairperson Grade A" shall mean a
multiskilled person capable of performing and willing to use all skills in
Process, Servicing and Maintenance in the following categories:
Mechanical:
Trade Certificate (TAFE or Equivalent), BHP and MetServ
Site Inductions, BHP Levels 1 & 2 Lockout’s and Isolation Procedures,
Scrapyard crane Isolation.
Electrical:
Trade Certificate Electrical (TAFE), BHP and MetServ
Site Inductions, BHP Levels 1 & 2 Lockout’s and Isolation Procedures,
Scrapyard crane Isolation.
Grade A Employees will be employed on 3 months
probation at casual rates of pay during which time they are required to
successfully complete all the above qualifications.
"Repairperson Grade B" shall mean a
multiskilled person capable of performing the functions of a Repairperson Grade
A and, in addition, the following:
Mechanical:
Current First Aid Certificate, JDE computer operation
including the ability to complete a Preventative Maintenance schedule and
access computer service schedules and print out service sheets ready for use,
or competency to an equivalent level in an adopted computerised maintenance
system, RTA Road Vehicle Ticket (maintenance of brakes, steering, suspension),
Caterpillar servicing and maintenance course, Komatsu servicing and maintenance
course.
Electrical:
Basic Automotive Electrical course (12v & 24v)
(TAFE 3 days), Current First Aid Certificate, Computer operation including the
ability to complete a Preventative Maintenance schedule and access computer
service schedules and print out service sheets ready for use, or competency to
an equivalent level in an adopted computerised maintenance system, Komatsu
servicing course, Caterpillar Scraper (631E, 621F) servicing courses.
"Repairperson Grade C" shall mean a
multiskilled person capable of performing the functions of Repairperson Grades
A and B and, in addition, the following:
Mechanical:
Computer operation including input of all relevant data
required for Maintenance Planning, including; engine hours meter readings,
completed service sheets and drivers report information and the ability to
generate a schedule, or competency to an equivalent level in an adopted
computerised maintenance system, and Hydraulics or Pneumatics Qualifications
(18 Weeks TAFE course), or relevant course as agreed with Maintenance
Superintendent and General Manager.
Electrical:
Demonstrated competence in Aumund Crane Electrical
fault finding (local), computer operation including input of all relevant data
required for Maintenance Planning including; engine hours meter readings,
completed service sheets and drivers report information and the ability to
generate a schedule, or competency to an equivalent level in an adopted
computerised maintenance system, Automotive Electrical course (TAFE 18 Weeks)
(12v & 24v), or relevant course as agreed with Maintenance Superintendent
and General Manager.
"Repairperson Grade D" shall mean a
multiskilled person capable of performing the functions of Repairperson Grades
A, B and C and, in addition, the following:
Mechanical:
Electrical Welding and Oxy Cutting basics
(non-structural), Competence on overhead cranes (including Working at Heights
and Slinging) plus one of the Following: MetServ/WorkCover Tickets (Forklift,
20 tonne slewing hydraulic crane, Elevating Work Platforms).
Electrical:
Electrical Welding and Oxy Cutting basics
(non-structural) or Hydraulic/Pneumatics (TAFE), NSW Roads & Traffic
Authority license MR (3A) plus one of the Following: MetServ/WorkCover Tickets
(Forklift, 20 tonne slewing hydraulic crane, Elevating Work Platforms).
"Repairperson Grade E" shall mean a
multiskilled person capable of performing the functions of Repairperson Grades
A, B, C and D and, in addition, the following:
Mechanical:
Basic Automotive Electrical course (12v & 24v)
(Site Relevant Course, of 3 days) plus three of four of the Following:
MetServ/WorkCover Tickets, Forklift, 20 tonne slewing hydraulic crane,
Elevating Work Platforms, Truck HR License (including MetServ ticket).
Electrical:
PLC Controls Course (TAFE or relevant alternative) plus
either two of the Following: MetServ/WorkCover Tickets (Forklift, 20 tonne
slewing hydraulic crane, Elevating Work Platforms) and MetServ Rigging Course
or all three of the Following MetServ/WorkCover Tickets (Forklift, 20 tonne
slewing hydraulic crane, Elevating Work Platforms).
It is a requirement for payment that employees are
willing to use all skills for which they are recognised and paid, at all times,
to the needs of the team and business.
Appendix 2 defines the relevant trade certificates and
TAFE courses that are relevant to this Award.
(iii) Administration
The ordinary and minimum weekly rates to be paid to any
classification of adult employee shall be in accordance with the following
levels and set out in Appendix 3 - Rates of Pay:
"Administration Employee Grade A" shall mean
a multiskilled person capable of performing and willing to use all skills in
the following categories:
Typing. Filing, Receptionist, Faxing and E-Mail,
Payroll & Personnel Records, Daily Production and Sales Figures, Purchase
Orders and Requisitions and General Administration.
"Administration Employee Grade B" shall mean
a multiskilled person capable of performing and willing to use all skills at AE
Grade A and, in addition, proficient in the following category:
Word Processing and Spreadsheet set-up.
"Administration Employee Grade C" shall mean
a multiskilled person capable of performing and willing to use all skills at AE
Grade A and B and, in addition, proficient in the following category:
JDE, Microsoft Office, other dedicated software
programs and Transport Dispatcher.
4.2 Shift Work
Allowances
(i) Shift workers
shall be paid, in addition to the rates payable under this award set out in Appendix
4 - Pay Allowances.
(ii) Shift workers
for their ordinary shift of eight hours performed on Saturday shall be paid at
the rate of time and a half.
(iii) Employees
shall be paid at the rate of double time for all work done on Sundays and at
the rate of double time and a half for all work done on the holidays prescribed
in paragraph (i) of subclause 5.2, Public Holidays, of this Award.
(iv) Shift
allowances and special rates shall not be subject to any premium or penalty
additions.
(v) For the purposes
of nightwork "night" means any hours between 5.00 pm and 7.00 am, and
"day shift workers" means a shift worker employed on a shift system
involving day shift only.
4.3 Meal
Allowances
Employees required to work overtime for more than one
and a half hours after the ordinary cessation of shifts without having been
notified 24 hours prior to the day of the requirement to work shall be provided
with a meal by the employer or paid as defined in Appendix 4, Pay Allowances.
If an employee, pursuant to notice, has provided a meal
and is not required to work overtime or is required to work for less than
one-and-a-half hours, he/she shall be recompensed suitably to a maximum value
as defined in Appendix 4, Pay Allowances, for a meal which they have provided.
4.4 Tool Allowance
(i) Tradesmen
classifications in this Award shall be paid an allowance as defined in Appendix
4, Pay Allowances for supplying and maintaining tools ordinarily required in
the performance of their work as tradesmen. The allowance shall apply for all
purposes of this Award. Any tool replacements shall be made promptly.
(ii) If the
Company should decide to provide all tools ordinarily required by tradesmen in
the performance of their work, the Company may continue that practice and, in that
event, the allowance prescribed above shall not apply.
4.5 Electrical
License
An electrical license payment defined in Appendix 4,
Pay Allowances, shall be paid to all fully qualified trade electricians acting
in that capacity. The electrical repairperson must submit a copy of their
current license in order to receive this payment.
4.6 Superannuation
(i) The employer
shall contribute to a superannuation fund which complies with the Superannuation
Guarantee Charge legislation on behalf of each eligible employee, a
superannuation contribution equivalent to not less than seven percent of such
eligible employee’s ordinary time earnings.
The MetServ Pty Limited Superannuation Plan has been
established with AMP Society to provide Death and Disablement and Retirement
benefits for all permanent full-time employees of the Company. The Plan is an
Accumulation Plan and contributions are invested in the AMP Society’s Capital
Guaranteed Fund.
Employees may alternatively join a Superannuation Plan
nominated and requested by at least 25% of MetServ employees. Should the
percentage later drop below 25% employees will not be forced to change back.
New employees will be offered the choice of Plans.
(ii) The
contributions of the Members of the Plan and the Company are shown below:
|
Employee Who Choses
To Contribute
|
Company Contributes
|
|
|
11%
|
|
4%
|
13%
|
|
5%
|
15%
|
The contributions of the employees and the Company will
be based on the defined Wage which is the Weekly Wage rates as defined in
Clause 9. Wages and Classifications, plus the additional pays shown below:
|
Defined =
|
Basic Weekly +
|
Productivity +
|
Shift +
|
Saturday +
|
Sunday
|
|
Wage
|
Wage
|
Bonus*
|
Allowance
|
Penalty
|
Penalty
|
|
|
* When paid
|
|
|
|
|
(iii) Agreement for
Alternative Remuneration Arrangement
(i) Despite any
other provisions of this Award, for the purpose of calculating ordinary time earnings,
the rate of pay per week described in Clause 4, Rates of Pay, shall be reduced
by the amount which an employee elects by notice in writing to the Company to
sacrifice in order to enable the Company to make a superannuation contribution
for the behalf of the employee.
(ii) For an
employee’s election to be valid the employee must complete an election form
provided by the Company.
(iii) The reduced
rate of pay and the superannuation contributions provided for in this Clause
shall apply for periods of annual leave, long service leave, and other periods
of paid leave.
(iv) All other award
payments, including termination payments, calculated by reference to the
employee’s rate of pay shall be calculated by reference to the rate of pay per
week specified for the employee in Clause 4, Rates of Pay.
(v) Unless
otherwise agreed by the Company, an employee may only revoke or vary his or her
election once in each twelve months. No less than one month’s written notice
shall be given by an employee or revocation or variation of the employee’s
election.
(vi) If at any time
while an employee’s election is in force, there are changes in taxation or
superannuation laws, practice or rulings, that materially alter the benefit to
the employee or the cost to the Company of acting in accordance with the
election, either the employee or the Company may, upon one month’s notice in
writing to the other, terminate the election.
(vii) 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 (Cth) or any
legislation which succeeds or replaces it.
(iv) When an
employee is not eligible or decides not to become a member of the MetServ Pty
Limited Superannuation Plan, the Company will make contributions required under
the Superannuation Guarantee legislation to the above mentioned Plan unless the
member nominated another Fund which must comply with the Occupational Standards Act and Regulations.
(v) The option to
Salary Sacrifice on future earnings (including increases) into additional
superannuation contributions will be made available to all employees. Salary
sacrifices do not attract Company contributions in any form.
If an employee elects to Salary Sacrifice a portion of
their wages then the dollar amount or percent of future earnings to be so
sacrificed must be nominated in writing to the pay office.
The option to Salary Sacrifice can only be exercised
when future earning (including wage increases) can be reasonably determined and
before they are payable.
The nominated account or percent to be Salary
Sacrificed will become a permanent deduction of the employee’s gross wage until
a variation is lodged in writing by the employee and it is received by the pay
office. Variations will be limited to one per 12-month period (except in a
period of proven hardship).
4.7 Bonus Payments
4.7.1 Bonus payments
may be made to all employees by negotiation measured on set targets to improve
safety or other business performance.
4.7.2
(i) An Incentive
Bonus will be calculated on monthly KPI’s of production and/or cost related to
the Company’s Business Plan, details of which will be presented for negotiation
with the intent of finalising six months after the trial of the new bonus
system. The Bonus will have a maximum payment of 2.5% and be paid quarterly.
(ii) An additional
quarterly Productivity Payment of 2.5% will be made should employees adhere to
Clause 9, Continuity of Production and Procedure for Resolving Issues and
Differences, and maintain essential services during any dispute as defined in
Clause 10, Essential Services Dispensation. This is to be paid weekly, and will
be suspended from the first pay period after any lack of adherence to Clause 9.
4.7.3 The Company and
the Unions agree to maintain the Current (unmeasured) Incentive Bonus system
for a period of 6 months from the date of this Award, while the changed system
(of paragraph 4.7.2(i) above) is trialled and compared to the current system.
4.8 Team Leader
Allowance
The Team Leader shall receive an allowance as defined
in Appendix 3 for each 12-hour shift or 8-hour shift worked as a Team Leader,
plus a BHP Canteen Meal Docket for each 12-hour shift worked or 8-hour shift
worked.
The Team Leader Shift Allowance will be paid on a
pro-rata basis to each Team Leader when on Annual Leave, based on the number of
weeks the Team Leader exercised this function.
4.9 Training
Payments
Any operator who is accredited with a formal Train the
Trainer qualification and who trains, supervises or assesses other employees
will be paid an additional $1.50 per hour during periods of Training.
5. Leave
5.1 Annual Leave
and Loading
(i) Day workers
and Monday to Saturday shift workers are entitled to four weeks’ Leave (152
hours) in respect of each year of continuous service with the Company in
accordance with the Annual Holidays Act,
1944.
(ii) In addition
to the benefits provided by the Annual
Holidays Act, 1944, with the respect to an annual holiday of four weeks an
employee who, during the year of his/her employment with the Company for which
he/she becomes entitled to the four weeks, also gives service as a seven-day
shift worker, shall be entitled to additional leave as specified below:
(a) If during the
year of his/her employment he/she has served the Company continuously as such
seven-day shift workers, additional leave with respect to that year shall be
one week (38 hours).
(b) Subject to subparagraph
d. of this subclause, if during the year of his/her employment he/she has
served for only a portion of it as a seven-day shift worker, the additional
leave shall be one day for every thirty three ordinary shifts worked as a
seven-day shift worker.
(c) Subject to
subparagraph d of this subclause, an employee shall be paid for such additional
leave at the annual leave rate of pay, for the number of ordinary hours of work
for which the employee would have been rostered for during the period of additional
leave had such an employee not been on leave.
(d) Where the
additional leave calculated under this Clause is or includes a fraction of a
day, such fraction shall not form part of the Leave period and any such
fraction shall be discharged by payment only.
(e) In this
Clause, reference to one week and one day includes holidays and non-working
days. Where the employment of a worker has been terminated and he/she thereby
becomes entitled under Section 4 of the Annual
Holidays Act, 1944, to payment in lieu of an annual holiday with respect to
a period of employment, he/she also shall be entitled to an additional payment
of three and a half hours at the annual leave rate of pay with respect to such
twenty one shifts of service as a seven-day shift worker which he/she has
rendered during such period of employment.
(iii) Monday to
Saturday shift workers who are regularly rostered for duty on Saturdays as
ordinary working days:
In addition to the benefits provided by Section 3 of
the Annual Holidays Act, 1944, with
regard to an annual holiday of four weeks, an employee who, during the year of
his/her employment with the Company with respect to which such holiday becomes
entitled, gives service to the Company as a Monday to Saturday shift worker who
is regularly rostered for duty on Saturdays as ordinary working days, shall be
entitled to the additional leave as hereunder specified:
(a) For every
thirteen Saturdays upon which the employee worked an ordinary shift as a Monday
to Saturday shift worker who is rostered for duty on Saturdays as ordinary
working days the additional leave for that year shall be one day.
(b) Where the
additional leave calculated under this subclause is, or includes, a fraction of
a day, such fraction shall not form part of the Leave period and any such
fraction shall be discharged by payment only.
(iv) In respect of
a period of annual leave, an employee shall be paid a loading, namely 20%, on:
(a) his/her
ordinary pay pursuant to the Annual
Holidays Act, 1944, and where applicable, his/her annual leave rate of pay
pursuant to this Clause and subclause 5.3, Days Added to the Period of Annual
Leave or Long Service Leave, of this Agreement; or
(b) the sum of
his/her award rate of pay for ordinary time at the commencement of his/her annual
leave as prescribed in Appendix 3 - Rates of Pay, provided that an employee who
would have worked on shift work had he/she not been on Annual leave shall be
paid whichever is the greater of the said loading, or the shift work allowances
pursuant to subclause 4.2, Shift Work Allowances, that would have been payable
to him/her in respect of ordinary time during the period of annual leave had
he/she not been on Annual Leave.
(v) The loading
prescribed by this subclause shall apply to payment in lieu of a fully due
annual holiday on termination of employment, but shall not apply to
proportionate holiday payment on termination of employment.
(vi) In accordance
with the Company’s policy, employees are required to take accrued annual leave
following each continuous year of service in accordance with the Annual Holidays Act 1944.
Such leave shall normally be taken, in accordance with
the Annual Holidays Act, 1944, within
six months and no more than twelve months of their entitlement. Applications
for Annual Leave shall be made in writing on the Company form at least two
weeks before the requested date for the start of Leave, except for two single
day or one two-day periods of Special Annual Leave where seven days notice or
proof of urgency are needed.
(vii) The timing for
taking of accrued annual leave shall be arranged between the Company and the
employee, giving consideration to the chronological request for leave by other
employees, number of persons and substitutes in a function, previous leave
periods taken, etc.
In the event of any final disagreement or conflict of
requests, The Company shall decide on the matter. The Company may schedule
Annual Leave to be taken in consideration of the work requirements and annual
leave arrangements of BHP, the client company.
(viii) Any
disagreements regarding Annual Leave allocation or payment should be resolved
through the disputes settling procedure (Clause 9).
(ix) Employees
whose service is terminated due to serious and wilful misconduct are not
entitled to proportional payment on dismissal for Annual Leave loading and Long
Service Leave.
5.2 Public
Holidays
(i) The following
days or the days upon which they are observed shall for the purposes of this
award be nominated public holidays and no deduction shall be made from the
wages of employees for such holidays if not worked:
New Year’s Day, Australia Day, Good Friday, Easter
Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day
This payment also includes New South Wales Gazetted
Public Holidays and any BHP recognised Public Holiday.
(ii) The Port
Kembla Steelworks Picnic Day shall be taken.
(iii) This
provision for payment does not apply where an employee is absent from his/her
employment on the working day before or the working day after a public holiday
without reasonable excuse or without the Consent of the Company. If an employee
notifies that an absence described above resulted from illness or injury,
payment for public holiday will only be made if proof of illness or injury is provided
to the Company.
5.3 Days Added to
the Period of Annual Leave Or Long Service Leave
(i) In the case
of an employee who was, at the commencement of his/her Annual Leave or Long
Service Leave, employed as a seven-day shift worker whose ordinary working
period includes Sundays and Holidays, shall have one day added to their
Annual/Long Service Leave in respect of any Holiday prescribed.
(ii) An employee
rostered off duty on a day defined as a holiday under this award and who is not
required to work on that day shall:
(a) Have one day
added to his/her Annual leave; or
(b) By mutual
consent, be paid, in the pay for the period in which the holiday falls, for the
holiday at the rate pursuant to subclause 5.2, Public Holidays, of this award.
This subclause shall not apply when the holiday falls
either on a Saturday or Sunday, except in the case of employees engaged as
seven-day shift workers, or on a Sunday in the case of employees as Monday to
Saturday shift workers who are regularly rostered for duty on Saturday as
ordinary working days.
(iii) Any day or
days added shall be paid for at the Annual leave rate of pay and, in the case
of Long Service Leave, shall be paid for at the Long Service Leave rate of pay.
(iv) Any day or
days added in accordance with paragraphs i. or ii. of this subclause shall be
the working day or working days immediately following the period of Annual
Leave or Long Service Leave to which the employee is entitled under subclause
5.1, Annual Leave and Loading, or subclause 5.4, Long Service Leave, of this
award.
(v) For the
purposes of paragraph iv. of this clause, working days shall mean:
(a) In the case of
an employee who, at the commencement of his/her period of Annual Leave or Long
Service Leave, was employed as a day worker - any day of the week including a
day on which the employee concerned would have been rostered off duty if he/she
were not on Annual Leave or Long Service Leave, but excluding a Saturday, a
Sunday, or a Holiday prescribed by this award.
(b) In the case of
an employee who, at the commencement of his/her period of Annual Leave or Long
Service Leave, as the case may be, was employed as a Monday to Saturday shift
worker - any day of the week other than a Sunday or a Public Holiday prescribed
by this award including a day on which the employee would have been rostered
off duty if he/she were not on Annual/Long Service Leave.
(c) In the case of
an employee who, at the commencement of his/her period of Annual/Long Service
Leave, as the case may be, was employed as a seven-day shift worker - any day
of the week including a day on which the employee would have been rostered off
had they not been on Annual/Long Service Leave.
(vi) Where the
employment of a worker has been terminated and he/she thereby becomes entitled,
under Section 4 of the Annual Holidays
Act, 1944, to payment in lieu of an annual holiday with respect to a period
of employment, he/she also shall be entitled to an additional payment for each
day accrued to him/her under paragraph (ii) of this subclause, at the annual
leave rate of pay.
An employee who is employed as a seven-day shift
worker, who:
(a) Has a day
added to his/her Annual Leave or Long service Leave pursuant to paragraphs i.
and ii. of this subclause, and
(b) Such a day falls
on a holiday prescribed by subclause 5.1, Annual Leave and Loading, of this
award on which the employee would have been rostered to work an ordinary shift
were it not for his/her entitlement to an added day, shall be paid for such day
in addition to his/her entitlement under paragraph iii. of this subclause at
the rate prescribed by subclause 5.2, Public Holidays, of this award.
5.4 Long Service
Leave
Employees are entitled to Long Service Leave
accumulated per continuing year of service in accordance with the Long Service Leave Act, NSW, 1955.
5.5 Parental Leave
Permanent employees with at least twelve months’
continuous service with the Company and who provide due notice will be entitled
to unpaid Maternity, Paternity or Adoption Leave in accordance with the
provisions of the NSW Industrial
Relations Act 1996.
5.6 Sick Leave
(i) An employee
who is unable to attend for duty during his/her ordinary working hours by
reason of personal illness or incapacity shall be entitled to be paid at
ordinary time rates of pay which would have been payable had they attended for
duty subject to the following:
(a) He/she shall
not be entitled to be paid leave of absence for any period in respect of which he/she
is entitled to workers’ compensation.
(b) He/she shall
notify the Company of his/her inability to attend for duty in accordance with
Company procedures and, as far as possible, state the nature and estimated
duration of the illness or incapacity.
(ii) The Company
permits up to two (2) separate single day Sick Leave periods per calendar year
without Medical Certificate, but a signed declaration by the employee on the
relevant Company Form.
In all other cases a Medical Certificate as proof of
illness must be supplied within three (3) days of commencement of that illness.
(iii) Employees
will be subject to the following Sick Leave entitlements:
(a) Employees with
less than one year’s continuous service are entitled to 40 hours Sick Pay at ordinary time.
(b) Employees with
more than one years’ but less than ten years’ continuous service are entitled
to 64 hours of Sick Pay at ordinary time.
(c) Employees with
more than ten years service are entitled to 80 hours of Sick Pay at ordinary
time.
Employees are required to complete a qualifying period
of three months of continuous service with the Company in order to be entitled
to claim Sick Pay.
(iv) Personal/Carer’s
Leave.
(1) 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 the employee's care and
support shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement provided for in subclause 5.6, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration the illness of the person concerned and that the illness
is such as to require care by 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 of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) 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
(c) a child or an
adult child (including an adopted child, a stepchild, 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
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that person's
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave -
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single-day periods or part thereof in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer 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.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer 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.
(5) Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time 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 employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
5.7 Compassionate
Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in paragraph (iii) below.
(ii) 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.
(iii) 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 subclause 5.6 (iv),
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
5.6(iv)(2), 5.6(iv)(3), 5.6(iv)(4), 5.6(iv)(5), 5.6(iv)(6) in the said clause
(Personal carers 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.
5.8 Community
Service
1. Jury Service
An employee required to attend for jury service:
(i) during his
ordinary hours; or
(ii) immediately following
an ordinary night shift or immediately preceding an ordinary afternoon shift on
which the employee is rostered to work and, as a result of attending jury
service, is not reasonably able to report for work on the night or afternoon
shift as the case may be:
shall be reimbursed by the Company an amount equal to
the difference between the amount paid in respect of this attendance for jury
service and the ordinary time they would have worked had they not attended for
jury service.
An employee shall notify the company as soon as
possible of the date upon which he is required to attend for jury service.
Further, the employee shall provide the company proof of his attendance, the
duration of such attendance and the amount received in respect of such jury
service.
2. Other Service
An employee may request the company to provide special
leave due to community service emergencies eg; fire fighting, S.E.S., payable
at loss of ordinary earnings only. Employees will be entitled to a maximum of
80 hours in any year of such community service emergency leave. Further, the
employee shall provide the company proof of his attendance, the duration of
such attendance and any amount received in respect of such leave.
6. Disciplinary
Policy
6.1 Objectives of
Discipline Policy
A clear and effective Discipline Policy is fundamental
in achieving production efficiency, safety and sound industrial relations.
Disciplinary action is only necessary in most circumstances where the initial
counselling of an employee has been unsuccessful. There will be The unions and
the company agree on the following disciplinary procedure to be applied in the
event of an employee’s unacceptable work performance or behaviour.
6.2 Employee’s
Right to Have a Witness Present at an Interview.
Before commencing any disciplinary interview, the
employee must be advised of the purpose of the interview and may, if they wish,
have a witness present at the interview. The person may be the union delegate
or another employee (provided they are available and can be released from the
job). The employee’s right to have a person of their choice is on the
understanding that the attendance and involvement of that person should not
unreasonably delay the interview.
If English fluency or language is a problem, an
interpreter may be offered.
6.3 Stages of
Discipline
(i) Stage 1:
Verbal Warning
In this process the Team Leader or Manager verbally
warns an employee in respect of inappropriate behaviour. It should be indicated
to the employee:
(A) What is expected
and required of him/her.
(B) Where and how
he/she has failed to meet the standard required.
(C)) What he/she
must do to reach the required standard.
(D) What the
consequences will be if he/she failed to improve to the required standard.
Refer to the employee’s right to have a witness.
(ii) Stage 2:
First Written Warning
Where unacceptable work performance or behaviour
continues or the employee has displayed behaviour that in itself warrants an
immediate written warning the Manager or Superintendent will issue a written
warning in the following form:
As per Stage 1 detailed on a standard Company Form
Refer to the employee’s right to have a witness.
In the event that there is no repetition of the same
misdemeanour or misconduct for a period of six (6) months the warning will
lapse.
(iii) Stage 3:
Final Written Warning
Where unacceptable work performance or behaviour
continues or the employee has displayed behaviour that in itself warrants an immediate
final written warning, the Manager or Superintendent will issue that warning in
the following form.
As per Stage 1 detailed on a standard Company Form
Refer to the employee’s right to have a witness.
The final written warning will be issued in the
presence of a union organiser and/or representative. In the event that there is
no repetition of the same misdemeanour or misconduct for a period of twelve
(12) months the warning will lapse.
6.4 Repetition of
Misdemeanours After Lapse of Warnings.
In the case of an employee whose first written warning
has lapsed, where there is a repetition of the same misdemeanour or misconduct
within a period of four (4) months, he/she will be placed back on a first
written warning for six months.
In the case of an employee whose final written warning
has lapsed, where there is a repetition of any misdemeanour or any misconduct
within a period of six (6) months, he/she will be placed back on a written
warning for a further six (6) months.
Should there be occasions where an employee through
his/her action, indicates a failure to improve their performance and is abusing
the warning system the situation will then be resolved through discussion
between the Operations Manager, Union Representatives and the use of ongoing
warnings will be reviewed.
6.5 Avoidance of
Disputes
In the event there is a disagreement between the
parties on what level of disciplinary action is required, the matter will be
the subject to further discussion between the parties consistent with the
disputes settling procedure in the MetServ award. Where the parties cannot
reach agreement the matter will be referred to the NSW Industrial Relations
Commission for resolution.
Both parties shall withhold any form of action until a
decision is made by the Commission and both parties will abide by the decision.
6.6 Degree of
Discipline
Appropriate disciplinary action must be chosen for each
misdemeanour or case of misconduct. Different circumstances in each case make
it impossible to generalise about which action is appropriate. Listed below
however, are some guidelines for the assistance of Team Leaders.
Category 1
Absenteeism
Inefficiency and poor performance
Poor timekeeping
Minor breach of safety regulation
Leaving the workplace without permission
Appropriate Discipline - Work through stages of
discipline
Category 2
Negligence
Malingering
Verbal abuse of a work mate or supervisor
Appropriate Discipline - May be necessary to by-pass
the verbal stage and give written warning to the employee.
Category 3
Major breach of safety regulations.
Possessing or consuming alcohol or other drugs on the
job.
Deliberately damaging company property and personal
property.
Falsifying time sheets or Doctors Certificates.
Physical abuse of a work mate or supervisor.
The theft and/or aiding and abetting the theft of
company or customer property.
Abandonment of Employment
Appropriate Discipline - Instant Dismissal
6.7 Employee
Assistance Scheme
If During Any Stages of the Disciplinary Procedure the
Company is of the View that an Employee Might Need Extra Counselling Or Other
Professional Support the Management May Offer an Employee Some Form of
Assistance.
7. Training
7.1 Training
Provisions
(i) The Company
has a commitment to provide training to develop employees' skills and
competencies and maintain those skills so employees can carry out their duties.
(ii) Statutory
training given off the job, outside normal working hours, will be paid at
overtime rates of pay. Other training off the job, outside normal working
hours, will be paid at single time rates of pay unless it involves productive
work when it will be paid at overtime rates.
(iii) Employees
will be trained in the skills which will be of maximum benefit to the team and
needs of the Business.
(iv) An employee
will receive an additional payment for skills only when full accreditation for
competency in the applicable level has been given.
(v) The Teams
training route is defined in Company Procedures.
(vi Once deemed
competent to a skill level employees are required to operate to that skill
level whenever there is a need. Multiskilling is a condition of employment.
(vii) A company nominated
Training Coordinator may operate equipment when demonstrating its application
to an employee in training.
(viii) Training
periods are not to exceed 240 working hours or the period determined in the
Training Module.
(ix) Team Training
activities will be initiated by the Company following the development of Team
Leader skill training as required in subclause 4.1.
7.2 Appraisals
(i) All employees
will be appraised on an annual basis to gather information on the aspirations
and expectations of employees and whether these are being satisfied.
(ii) Performance
appraisals will be used to determine a training, development and career path
for those employees who are seeking an opportunity to progress above Grade E or
Team Leadership. Formal Appraisals of such employees will be conducted by
Management.
(iii) Each employee
is to receive regular feedback from their Team Leader on their performance in
the job. Review, appraisal and feedback is to be on both an informal and formal
basis.
8. Occupational Health
and Safety
The Company and Employees are required to adhere to the
requirements of the Occupational Health
and Safety Act 1983 at all times.
8A. Anti
Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure 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.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this
Clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This Clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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.”
9. Continuity of
Production and Procedure for Resolving Issues and Differences
9.1 Procedure for
Resolving Disputes
(a) Intent
This procedure provides a series of steps whereby the parties
in dispute engage in discussion and problem solving with a view to settling
conflict by negotiation.
Work will continue normally and without interruption to
the clients (BHP) operations whilst the procedures are exercised so as to
ensure employees do not lose income and the Company does not lose production,
or cause any disruption to BHP operations.
(b) Commencement
Once a dispute is identified, the pre-dispute
conditions will be maintained for the duration of the dispute settling
procedure unless some other condition is necessary to safeguard the plant and
equipment, in which case, the Manager or Superintendent will communicate his
reasons to the person representing the personnel involved. Such a decision will
be without prejudice to any final solution reached.
(c) Responsibilities
Union Representatives accept their obligation to ensure
work continues during the dispute settling procedure.
(d) Procedure
Step 1
The details of the dispute or claim will be presented
to the Team Leader in line with Company Policies and Procedures.
If the Team Leader’s immediate response is unacceptable
to the aggrieved person or if there is a need to further investigate the
situation or to refer it to a senior officer, then an Incident Notification
Report will be prepared which will include the employees version of the
dispute.
It will be the Line Manager’s obligation to provide a
response to the issue as soon as possible. If a response is not given at the
end of the Team Leader’s next ordinary shift, then he will give a progress
report which will include an undertaking as to the time by which a response
will be given.
Step 2
If the response provided by way of the Incident
Notification Report is not acceptable to the aggrieved person and/or union
representative they may seek discussion with the General Manager, with the aim
of resolving the dispute to the satisfaction of all parties. This will be done
by discussion or a series of discussions where all of the circumstances can be
reviewed by the Union and management representatives.
Step 3
If resolution cannot be reached, then either part will
refer the matter to the Industrial Relation Commission of New South Wales for
assistance in resolving the matter.
10. Essential
Services Dispensation
The intent of the essential services dispensation is that
should employees feel that industrial action is a necessary means of resolving
a dispute with the Company that this action should not cause physical damage to
the customers plant and equipment, place his employees in danger or seriously
damage the reputation of MetServ and its workforce.
In the event that there is a stoppage of work by MetServ
employees the union and its members will agree to perform essential services
that include, but may not necessarily be limited to: pouring hot iron from the
blast furnaces at Area 21 as it should arise; removing scrap from rolling
mills, casters and tundish aisles that may present a safety hazard; removing BF
and BOS dusts and wastes from points of generation; deliver briquettes to BF
and BOF as needed; and deliver charged scrap chutes to the BOS plant. In order
to achieve this at least five operators per shift should be supplied of which
three should be competent in operating Portal Cranes, two of operating a Kress
EP500, one of operating a Hooklift and Ro/Ro trucks, one competent in dust and
waste removal, and one competent in iron pouring. In addition minimum
maintenance staff for the purposes of maintaining the essential service shall
be supplied. If MetServ Pty Limited is successful in obtaining the contract for
the collection of wastes for briquetting and delivery of briquetted product to
the BF and BOF, then one additional operator, with the required skills to
perform these activities, will be supplied.
The Productivity Payment of 2.5%, referred to in subclause
4.7.2(i), will still be made should employees adhere to Clause 9, Continuity of
Production and Procedure for Resolving Issues and Differences. If external
factors such as statewide stoppages and/or blockades or picketing of the site
impede the adherence to the Dispute Settling procedures of Clause 9; then
provided essential services are maintained, this Productivity payment will
continue.
11. Site Employee
Representative
11.1 Right of Entry
Officers of the Union will have the right to visit and
interview its members on the site at meal times, and other times arranged with
the employer that do not interrupt the operations of the Company.
11.2 Union Delegates
An employee appointed as a delegate shall, upon
notification by the union to the employer and employer site representative, be
recognised as the accredited representative of the union to which he belongs
and shall be allowed all necessary and reasonable time during working hours to
submit to their employer matters affecting the employees they represent on all
occasions.
A delegate shall on request be allowed reasonable time
during working hours to attend to job matters affecting the union.
A delegate shall be committed to following the dispute resolving
procedure under Clause 9 of this award and shall remind the employees they
represent to do so.
11.3 Participation
and Communication
The Parties recognise the importance of the involvement
and participation of employees in the areas of business which affect them and
the need to ensure that communication paths of relevant information from
management to employees and from employees to management are maintained, to
this end the consultative committee of employees and management has been
established.
Communication Meeting
(a) The company
will provide for a paid "communication meeting" quarterly for union
members to discuss matters between the union, the Company and its employees.
Payments shall be made to members of the union who would normally have been
rostered on and working at the time of the meeting provided that: -
(i) The meeting
does not last more than approximately 1 hour.
(ii) Employees
return to work after the meeting.
(iii) Essential
services are maintained during the meeting as defined in Clause 10.
(iv) Employees
continue to abide by Clause 9, Continuity of Production and Procedure for
Resolving Issues and Differences.
(v) Employees
continue to abide by Clause 10, Essential Services Dispensation.
11.4 Delegate
Training
Two (2) days per year of an authorised Union training
course will be allowed for officially recognised delegates. On provision of an
official attendance form to be signed by Site Management, the delegates will be
paid at single time for the period of training not exceeding 8 hours per day.
12. No Extra Claims
The Union undertakes not to pursue any extra claims, award
or over-award including State Wages Case Decision increases during the period
of operation of this award.
13. Appendices
Appendix 1
Offer Of Employment
TO:
We refer to your recent application for employment with
MetServ Pty Ltd wish to advise you that your application has been successful
for the position of:-
Your employment will be on a Casual / Fixed Term / Part Time
/Full Time basis
(Delete as appropriate)
MetServ Pty Ltd (The Company) offers you this employment at
its Port Kembla Site on the basis set out in this Agreement. If you wish to
accept this offer please sign a copy of this letter and return it to the
Manager.
MetServ is a business involved in providing scrap, steel and
iron handling and processing services for its customers.
The operation depends upon employees working as part of the
MetServ team to provide the service our customers demand.
The matters listed below are some of the important things
which it is expected employees understand and comply with so that this
operation can be a success and grow.
MetServ and its management look forward to a satisfying
employment relationship with all its employees.
I agree:
1. To obtain and
provide of relevant License for this function prior to commencement of duties.
2. To abide by
terms of any industrial award or agreement that is applicable to my employment
by the Company.
3. That my
employment in the first instance is on probation for a period of three months
during which time I can terminate my employment on one weeks notice to the
Company or the Company can terminate my employment on one weeks notice.
4. To work in
accordance with flexible work practices, including the performance of any work
which I am competent to perform, as required by the Company.
5. To work
reasonable overtime to meet the Company’s requirement.
6. Not to absent
myself from work without proper justification and to accept that the Company
will strictly enforce the provisions covering absence, including abandonment of
employment, particularly as regards notice and substantiation.
7. To abide by
the Company’s safety rules including the requirements as to the wearing of
safety equipment, clothing and footwear.
8. To carry out
all reasonable instruction of the Company.
9. To employment
on a shift basis if required.
10. To undergo a
prior medical examination, the result of which must be satisfactory for the
position offered.
11. To accept
payment of wages and other monetary entitlements by way of approved electronic
funds transfer (EFT).- Any Bank- Illawarra Credit Union, City Coast Credit
Union- Illawarra Mutual Building Society (IMB).
12. To abide by
rules relating to smoking at the workplace as determined by the Company, which
includes no smoking in the lunchroom.
13. To not report
for work under the influence of alcohol or drugs and to not consume alcohol or
to use prohibited drugs whilst at work
14. To attend all
instruction and training courses as reasonably required by the Company.
15. To comply with
the Harsco Code of Conduct at all times.
I have answered entirely truthfully in respect of all
questions answered by me either orally during my job interviews or in writing
on the application for employment form and health questionnaire form.
I have read and understood this employment agreement and
acknowledge that if I fail to comply with it, or any part of it, I render
myself liable to disciplinary action or summary dismissal.
Employee’s Signature
Date:
Witness (Company Officer)
Should you have any further questions concerning this
employment or cannot commence duties on the day previously discussed, please
contact the undersigned.
Yours sincerely
METSERV PTY LTD
Appendix 2
Repairperson Relevant Qualification That Apply To This Award
1. Mechanical
Trade Certificates: Plant
Mechanic (TAFE) or Equivalent
TAFE Courses:
Welding - Manufacturing and Engineering Program
(Flexible Delivery)
(Min 16 Hours)
Hydraulic Systems and Pneumatic Systems (72 Hours
Total)
Site Specific Course
Basic Automotive Electrical Course (12v & 24v) (24 Hours
Total)
2. Electrical
Trade Certificates: Commercial
Electrical Certificate (TAFE) or Equivalent
Industrial Electrical Certificate (TAFE) or Equivalent
TAFE Courses:
Welding - Manufacturing and Engineering Program
(Flexible Delivery)
(Min 16 Hours)
Basic Automotive Electrical course (12v & 24v) (24
Hours Total)
Automotive Electrical Refresher Course (54 Hours Total)
Hydraulic Systems and Pneumatic Systems (72 Hours
Total)
3. OEM Courses
Are those with specific relevance to existing site
equipment as agreed with Maintenance Superintendent and General Manager.
Appendix 3
Rates of Pay
|
|
Previous to
|
Current as at
|
First Full Pay
Period
|
|
Classification
|
30th June 2001
|
30th April 2002
|
on/after 1st May
2002
|
|
|
$
|
$
|
$
|
|
Production Employee Grade A
|
637.25
|
656.36
|
682.61
|
|
Production Employee Grade B
|
669.99
|
690.08
|
717.68
|
|
Production Employee Grade C
|
702.77
|
723.85
|
752.80
|
|
Production Employee Grade D
|
731.06
|
752.99
|
783.10
|
|
Production Employee Grade E
|
760.13
|
782.93
|
814.24
|
|
Repairperson Grade A
|
690.28
|
710.99
|
739.42
|
|
Repairperson Grade B
|
727.70
|
749.53
|
779.51
|
|
Repairperson Grade C
|
763.71
|
786.62
|
818.08
|
|
Repairperson Grade D
|
792.77
|
816.55
|
849.21
|
|
Repairperson Grade E
|
821.84
|
846.49
|
880.34
|
|
Administration Employee Grade A
|
571.74
|
588.89
|
612.44
|
|
Administration Employee Grade B
|
637.25
|
656.36
|
682.61
|
|
Administration Employee Grade C
|
669.99
|
690.08
|
717.68
|
The annual increases will not include any payments which are
separate from the weekly/hourly rates and peculiar to BHP or other companies or
industries.
The First Increase will reflect whatever rate increases
are negotiated by BHP Port Kembla for the period 01 December 2001 to 30
November 2002 and paid five months in arrears by this award.
The Second Increase will reflect whatever rate
increases are negotiated by BHP Port Kembla for the period 01 December 2002 to
30 November 2003 and paid 4 months in arrears.
The next increase relative to the period 01 December
2003 to 30 November 2004 will be paid 3 months in arrears.
If this agreement is extended to a three-year period,
the next increase relative to the period of 01 December 2004 to 30 November
2005 will be paid 3 months in arrears, which period will not further reduce.
Other Rates and Allowances
|
Team Leader
|
(when responsible)
|
$50.00 per 12-hour shift
|
The Team Leader will also receive a BHP Canteen Meal Docket
for the value of $7.30 for each shift worked
|
Day Shift Team Leader
|
(when responsible)
|
$33.33 per 8-hour shift
|
The Day Shift Team Leader will also receive a BHP Canteen
Meal Docket for the value of $7.30 for each shift worked
Appendix 4
Pay Allowances
Shift Work Allowances (per 38 hour week)
|
Classification
|
Current as at
|
Current as at
|
First Full Pay
Period
|
|
|
30th June 2001
|
30th April 2002
|
on/after 1st May
2002
|
|
|
|
$
|
$
|
|
7 X 3 Shift Allowance
|
|
51.04
|
53.08
|
|
7 X 2 Shift Allowance
|
49.55
|
51.04
|
53.08
|
|
5 X 2 Shift Allowance
|
41.40
|
42.63
|
44.33
|
|
5x Afternoon Shift
|
41.40
|
42.63
|
44.33
|
|
12 Hour Rotating Shift
|
49.55
|
51.04
|
53.08
|
Meal Allowance: $7.30
Toot Allowance (per 38 hour week): $10.30
Electrical Licence (per calendar week): $27.80
J. McLEAY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.