CSR LIMITED TRADING AS THE READYMIX GROUP PENRITH TRANSPORT WORKSHOP
NO.3 (STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by CSR
Limited trading as The Readymix Group.
(No. IRC 6059 of 2001)
|
Before Commissioner
Cambridge
|
12 October and 16 November 2001
|
AWARD
Contents
Clause No. Subject Matter
1. Title of
Award
2. Arrangement
3. Parties
to the Award
4. Relationship
to Parent Award
5. Term of
the Award
6. No Extra
Claims
7. Review of
Award
8. Aims and
Objectives of the Award
9. Communication
10. Disputes
Procedure
11. Compliance
with Previous Awards
12. Stages of
this Award and Wage Adjustments
13. Business
Unit
14. Electronic
Funds Transfer
15. Casual
Employees
16. Increased Flexibilities
17. Competency
Recognition and Development
18. Night
Shift
19. Rostered
Days Off
20. Rest
Period after Overtime
21. Picnic Day
22. Meal
Allowance
23. Fitness
for Work
24. Redundancy
25. Apprenticeships
26. Safety
Health and Environment (SHE)
27. Performance
Criteria and Objectives
28. Consultative
Committee
29. Salary
Sacrificing
30. Anti-Discrimination
Annexure "A"
1. Title of Award
This award shall be known as CSR Limited trading as The
Readymix Group Penrith Transport Workshop No. 3 (State) Award 2001.
2. Arrangement
This award shall apply to the Penrith Transport Workshop
operated by CSR Limited trading as The Readymix Group in respect of employees
covered by the Quarrying Industry (State) Award.
3. Parties to the Award
3.1 This award
shall be binding on:
(a) CSR Limited
trading as The Readymix Group:
(b) the
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union,
New South Wales Branch, ("the AMWU"); and
(c) all heavy
vehicle mechanics employed at CSR’s Penrith Transport Workshop.
4. Relationship to Parent Award
4.1 This award
shall be read in conjunction with the Quarrying Industry (State) Award
(hereafter "the Parent Award").
4.2 Where there is
any inconsistency between the Parent Award and this award, this award shall
prevail to the extent of any inconsistency.
5. Term of the Award
This award shall come into operation on and from the first
full pay period to commence on or after 12 October 2001 and shall remain in
force until 15 May 2003.
6. No Extra Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases, that
are not subject to absorption, there shall be no further claims for wage
increases during the term of this award.
7. Review of Award
The parties agree to review this award no later than 3
months prior to the end of its term. In
the context of this review, the parties shall examine both the operation of the
award and the possibilities of entering into a further award.
8.
Aims and Objectives of the Award
8.1 Aims:
The parties to this award are committed to continue
improvements in Safety, Health and the Environment and the resulting changes in
work methods designed to achieve productivity, efficiency and flexibility. A
commitment to such improvements will in turn significantly increase the
Company’s competitiveness and offer secure and worthwhile employment for
employees.
The Company business needs to continue to improve in
order to remain competitive.
The Company has developed a vision of the type of
business it wants and the elements necessary to transfer that vision to a
reality.
(a) The critical
elements are:
(i) A Product
Quality and Customer Service Focus.
(ii) Safe and
Rewarding Work.
(iii) Environmentally
Sustainable Operations.
(iv) Continuous
Improvement.
(v) Employee
Participation.
(vi) Improved
Competitiveness.
(vii) Removal of
Artificial Barriers.
(viii) Increase Job
Security.
8.2 Objectives:
(a) To comply with
the various safety, health and environmental legislative and other requirements
and to achieve industry best practice in these areas.
(b) To improve the
efficiency and productivity of the company by ensuring management and labour
practices are more closely attuned to current and future needs and objectives
of the company.
(c) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(d) To provide a
climate for employees to develop a broader range of skills thereby maximising
rewards to employees and security of employment.
(e) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and where appropriate utilise this information in implementing
change.
9.
Communication
9.1 All employees
the subject of this award may be required to attend a communication session to
inform employees of the contents and requirements of this award.
9.2 The Company
will advise employees in relation to the forward work plans.
10.
Disputes Procedure
10.1 A procedure for
the avoidance of industrial disputes and employee grievances shall apply to the
Penrith Transport Workshop.
10.2 The objective
of the procedure shall be to promote the resolution of disputes/grievances by
measures based on consultation, co-operation and discussion, to reduce the
level of industrial confrontation and to avoid interruption to the performance
of work and the consequential loss of production and wages.
10.3 Any employees
or delegates should obtain permission from their manager or supervisor prior to
leaving their work station to consult with the employer. Such permission shall
not be unreasonably withheld. All union business, in relation to this
procedure, shall be conducted by the employee in the employer’s time.
10.4
(a) Procedures
relating to grievances of individual employees:
(i) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(ii) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(v) While a
procedure is being followed, normal work must continue.
(vi) If they so
chose the employee may be represented by an industrial organisation of
employees.
(b) Procedures
relating to disputes etc between
employers and their employees:
(i) A question,
dispute or difficulty must initially be dealt with as close to its sources as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
10.5 There shall be
a commitment by the parties to achieve adherence to this procedure. This should
be facilitated by the earliest possible advice by one party to the other of any
issue or problem which may give rise to a grievance or dispute.
10.6 Reasonable time
limits shall be allowed for the completion of the various stages of the
discussions. At least 7 days should be
allowed for all stages of the discussions to be finalised.
10.7 Emphasis shall
be placed on a negotiated settlement. However, if the negotiation process is
exhausted without the dispute being resolved, the parties shall jointly or
individually refer the matter to the Industrial Relations Commission of New
South Wales for assistance in resolving the dispute.
10.8 In order to allow
for the peaceful resolution of grievances and disputes the parties shall be
committed to avoid industrial action including, stoppages of work, lock-outs or
any other bans or limitations on the performance of work while the above
procedure is being followed.
10.9 The employer
shall ensure that all practices applied during the operation of the procedure
are in accordance with their obligations under the Occupational Health and
Safety legislation in New South Wales and consistent with established custom
and practice at the workplace.
11.
Compliance With Previous Awards
The parties will ensure that the commitments and
requirements arising from the Previous Awards, referred to in Annexure
"A", are met and are the starting point for further improvements to
be made within the term of this award.
12. Stages of This Award
and Wage Adjustments
The following wage increases shall apply to
the employees of the Penrith Transport Workshop in the classifications covered
by the Quarrying Industry (State) Award ("the Parent Award"). Expense related allowances are not to be
increased unless adjusted in the Parent Award.
The wage adjustments in this award shall
comprise of 2 stages:
Stage 1:
From the first pay period on or after the
creation of this award a 4% wage increase shall be paid to employees the
subject of this Award.
Stage 2:
From the first pay period on or after 15 May
2002 a further 4% wage increase shall apply and be paid to employees the
subject of this Award.
13.
Business Unit
The business unit shall be the Penrith Transport Workshop.
During the life of this Award should the Company require employees to work at
the Albion Park Quarry the Company will gain employees’ agreement first.
14.
Electronic Funds Transfer
Payment of wages, shall be paid weekly by Electronic Funds
Transfer into an account/s nominated by the employee.
15.
Casual Employees
A casual employee is one engaged and paid as such. A casual
employee shall be paid 1/38 of the weekly rate plus 15% for all work performed plus
1/12 for annual leave. Provided that, this clause shall not be used to make
current permanent employees casuals.
16.
Increased Flexibilities
16.1 Employees shall
undertake duties and tasks as directed, provided such employees have the
skills, competence and training to perform such tasks as directed.
16.2 Employees the
subject of this award are committed to co-operate with and undertake all
relevant training as directed by the employer, to meet the needs of the
business.
16.3 The employer
shall ensure that the provisions of the Quarrying Industry (State) Award
relating to employees classifications are adhered to when implementing this
clause.
17.
Competency Recognition and Development
A skills matrix will be developed by the parties. The matrix
will identify the required competencies necessary at the enterprise level. Each
employee will be assessed to determine the competencies actually held from time
to time. Where there is a gap between the actual competencies held by
employee(s) and those required by the business, this will form the basis of an
enterprise training plan.
18.
Night Shift
18.1 Ordinary hours
for night shift shall finish subsequent to midnight and at or before 8.00 am.
18.2 Night shift
hours in 18.1 above may be altered by the employer by providing 7 days notice
of such alteration.
19.
Rostered Days Off
Rostered days off shall be implemented by agreement to suit
the needs of the business and employees concerned. Such agreement shall not be
unreasonably withheld by either party.
20. Rest Period After Overtime
For
the purpose of Clause 4.7 (overtime) subclause (2) Rest Period after Overtime,
of the Parent Award, the relevant time period for consecutive hours off duty
shall be 9 hours.
21.
Picnic Day
The picnic day may be taken on an alternate day other than
the scheduled day, by agreement between the employer and employee(s) concerned.
22.
Meal Allowance
22.1 An employee who
is required to work overtime for more than 2 hours beyond the cessation of the
employee’s ordinary hours of work for that day, shall be paid a meal allowance
of $9.49. This allowance shall be paid after every 4 additional hours of
overtime worked on any one day.
22.2 Subclause 22.1
of this clause is in lieu of clause 4.7 (overtime) subclause (4) Cribs (a) of
the Parent Award.
23. Fitness for Work
The parties recognise the importance of the provisions
stated in Section 31 of Part 3, Division 2 of the Mines Inspection General Rule
2000, in force under the Mines Inspection
Act 1901, and are committed to development and implementation of practical
solutions to meet these obligations.
24.
Redundancy
24.1 Where permanent
employees the subject of this award are made redundant by the employer, they
shall receive the following termination payment.
(a) notice as
prescribed by the relevant legislation; and
(b) 2 weeks for
each year of service (pro-rata) to a maximum of 52 weeks (exclusive of the
notice period in (a) above).
25.
Apprenticeships
The Company recognises the importance of succession planning
and the maintenance of skills. To this
end, CSR Limited may engage apprentices subject to operational requirements and
needs of the business. The system of employing apprentices will be open to
review as and when the Company requires.
26. Safety Health and Environment (She)
Employees recognise their responsibility for improving
workplace safety, health and environment ("SHE") and commit to:
knowing and following the SHE requirements related to
the job and workplace;
constantly reviewing the workplace for hazards and
initiating appropriate corrective actions or reporting the
hazard to the supervisor or manager;
reporting to work fit for duty;
reporting all improper SHE practices observed at the
workplace to the supervisor or manager.
27. Performance Criteria and Objectives
All
of the employees employed under this Award recognise the importance of and are
committed to co-operate and work with the Company to strive to achieve the
following performance outcomes:
(a) zero recordable injuries;
(b) nil rework;
(c) increase MIP Scheduling of Work to
>50%;
(d) achieve >98% Vehicle Availability;
(e) development and implementation of a
Waste Reduction Plan and achievement of associated targets.
In order
to assist with the achievement of the performance objectives identified above,
all employees employed under this Award agree and are committed to
participating in:
(a) regular reviews and updates of progress
against the performance criteria and outcomes;
(b) routine reviews and updates of their job
descriptions and work instructions; and
(c) education sessions about the performance
criteria.
28.
Consultative Committee
The
parties agree to establish a Site Consultative Committee. The membership, agenda and meeting frequency
will be set by agreement between the parties.
29. Salary Sacrificing
29.1 Remuneration
under this Award and the Parent Award may, by the operation of this Award, be
made up entirely of wages or, at the option of an employee (other than a casual
employee) and subject to the employer’s agreement, wages and a superannuation
contribution to the CSR Australian Superannuation Fund. Wages and superannuation are the two
components which will make up remuneration.
The sum allocated to each component will be negotiated initially between
the employer and the employee and thereafter renegotiated in accordance with
this clause.
29.2 Should the
employer make a superannuation contribution in accordance with this clause, it
shall not, to the extent of that contribution, be liable to pay wages to the
employee under this award, or the parent award.
29.3 The opportunity
for an employee to initially negotiate the components of remuneration as per
(i) above shall be available once per year at a time and in accordance with
procedures determined by the employer and may only be changed during the period
specified in accordance with procedures established by the employer.
29.4 In the event
that changes in legislation, the Income Tax Assessment Act, tax office rulings
or determinations remove or alter the Company’s capacity to maintain the salary
sacrifice arrangements pursuant to this agreement, the company will be entitled
to withdraw from these arrangements by giving notice to each affected employee.
30.
Anti-Discrimination
30.1 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.
30.2 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.
30.3 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.
30.4 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.
30.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing 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."
Signatures
For CSR Ltd trading as The
Readymix Group - Readymix
Sydney Division
For The Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union, New
South Wales Branch (AMWU)
The Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union, New
South Wales Branch (AMWU) Delegate
Annexure
"A"
For the purpose of this award the following definitions of
awards shall apply:
(a) "the
Parent Award" is the award known as the "Quarrying Industry (State)
Award";
(b) "the
Previous Awards" include the following awards as defined:
(i) "the
First Award" is the first CSR award, known as "CSR Limited trading as
The Readymix Group Sydney Construction Products and Country Divisions Quarries
Enterprising Bargaining Framework Award 1994"
(ii) "the
Second Award" is the second CSR award, known as "CSR T/A The Readymix
Group Penrith Transport Workshop Enterprise Agreement No. 1 (State) Award
1996"; and
(iii) "the
Third Award" is the third CSR award, known as "CSR Ltd trading as The
Readymix Group Penrith Transport Workshop No. 2 (State) Award 1998"
I. W. CAMBRIDGE,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.