BORAL PROSPECT QUARRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of award pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 889 of 2001)
Before Commissioner
Patterson
|
9 July 2001
|
REVIEWED AWARD
PART A
PART 1 - PRELIMINARY
1.1 Arrangement
Clause No. Subject Matter
1.1 Arrangement
1.2 Purpose
1.3 Anti-Discrimination
1.4 Award
Display
1.5 Definitions
Part 2 - Contract of
Employment, etc.
2.1 Contract of
Employment
2.2 Consultation
2.3 Utilisation
of Skills
2.4 Training
2.5 Redundancy
2.6 Avoidance
of Workplace Conflict
2.7 Counselling
Part 3 -
Classifications, Wages and Allowances, etc.
3.1 Classification
of Wages
3.2 Payment of
Wages
3.3 Tools
3.4 First Aid
3.5 Travel,
Board and Lodging
Part 4 - Hours of
Work, etc.
4.1 Hours of
Work - Day Workers
4.2 Working of
a 38-Hour Week
4.3 Shift Work
4.4 Meal
Breaks
4.5 Rest
Breaks
4.6 Sundays
and Holidays
4.7 Overtime
Part 5 - Leave, etc.
5.1 Annual Leave
5.2 Annual
Leave Loading
5.3 Long
Service Leave
5.4 Parental
Leave
5.5 Bereavement
Leave
5.6 Jury
Service
5.7 Sick Leave
5.8 State
Personal/Carer's Leave Case - August 1996.
Part 6 -
Miscellaneous
6.1 Delegates
6.2 Protective
Clothing
6.3 Personal Protective
Equipment
6.4 Right of
Entry
6.5 Recognised
Industrial Organisations of Employees
6.6 Miscellaneous
Provisions
Part 7 - Remuneration
7.1 Adjustment
Mechanism
Part 8 - Application
8.1 Application
8.2 Term
PART B
Monetary Rates
Table 1 - Wages
Table 2 - Other Rates and Allowances
part 1
PRELIMINARY
1.2 Purpose
This award is designed to cater for the needs of the
Prospect quarry and its workforce. It
provides consistent and fair conditions of employment.
The quarry is in the process of substantial structural
change. The estate upon which the
quarry is situated is undergoing a complete redevelopment leading to the
anticipated close of the quarry some time between 2005 and 2010.
The parties to this award are committed to using this award
as the base from which ongoing discussions will be held about the closure of
the quarry and how best Boral can reasonably assist employees and in turn they
assist in preparing for that closure and redevelopment.
1.3
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 that, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
1.4 Award Display
A copy of this award shall be exhibited and kept exhibited
in the quarry so as to be legible by the employees.
1.5 Definitions
(1) "Quarry"
means the Prospect quarry operated by Boral Resources (NSW) Pty Limited.
(2) "Accredited
competency-based training" means competency-based training contextualised
to the quarry.
(3) "Operator
in charge of plant" - an employee shall be deemed to be in charge of an
item of plant where:
(a) Two or more
operators are employed on a unit of plant at the same time and the employee is
the operator specifically entrusted with the supervision and responsibility.
(b)
(i) An operator
is instructed by the supervisor of the work that their duties are to include
repairs to their unit of plant in addition to the work of operating the plant
but not when they merely assist a fitter or engineer to do such work.
(ii) Where it is sought
to introduce this provision, the site consultative committee shall be consulted
prior to any implementation.
(4) "Boral"
shall mean Boral Construction Materials Group Limited.
(5) "Driver
Class 1, 2, 3" means a driver so defined in the Traffic Act 1909 and Regulations.
(6) "Leading
Hand" means an employee who is required to supervise or direct or be in
charge of other employees. There is no
requirement to appoint leading hands merely because groups of employees work
together. Leading hand is an appointment
at the absolute discretion of management.
(7) "Confined
space" means a compartment or space (access to which is through a manhole
or similar opening) or a place the dimensions of which necessitate an employee
working in a stooped or otherwise cramped position or without proper
ventilation.
(8) "External
auditor" means a reputable and qualified auditor who is not an employee of
Boral or a company related to Boral within the meaning of the Corporations Law.
(9) "Ordinary
time weekly rate of pay" means the weekly rate of pay you receive for
working ordinary hours of work ascertained from the parent award inclusive of
any all purpose allowances.
(10) "Salaried
employees" means any employee (who has actually worked as a salaried
employee within the Metropolitan Division for the majority of the preceding 12
months) who does not have their terms of employment covered by an award and is
not remunerated on a ‘total cost’ basis.
(11) "Metropolitan
division" means the operations of Boral comprising the Emu Plains,
Prospect, Peat’s Ridge and Dunmore quarries and any other quarry or similar
site operated by Boral from time to time and the Drill and Blast Team.
(12) "Percentage
salary increase" means the percentage before being adjusted to take into
account a salaried employee’s ‘compa ratio’ (and excluding any regrading
variations).
(13) "An
award" means an award of the Australian Industrial Relations Commission or
the Industrial Relations Commission of New South Wales.
(14) "Gross
earnings" means the total amount earned exclusive of any expense related
allowances.
(15) "General
wage increase" means any increase granted by the Industrial Relations
Commission of New South Wales in accordance with section 50 or 51 of the Act.
(16) "Act"
means the Industrial Relations Act
1996.
(17) "Federal
Act" means the Workplace Relations
Act 1996.
(18) "Assessor"
is an employee appointed as such by Boral in its complete discretion after
having obtained the competencies relevant to the role - NMITAB units 7
workplace trainer and 8 workplace assessor.
PART 2
CONTRACT OF EMPLOYMENT, ETC.
2.1 Contract of
Employment
(1) Except as
hereinafter provided, employment shall be by the week. Any employee not specifically engaged as a
casual employee shall be deemed to be employed by the week.
(2) All new
employees shall be on probation for the first three months of engagement. There shall be appropriate procedures for
the proper induction of new employees (including Occupational Health and Safety
matters, a description of the classification the employee will be employed in
when commencing work and an outline of work practices and methods in the
quarry, etc).
(3) Termination of
employment of weekly employees
Employment shall be terminated:
(a) by an employee
with one week's notice or by forfeiture of a week's wages; or
(b) by Boral in
accordance with the Federal Act.
Notation:
The Federal Act provides for the following periods of
notice:
Serious Misconduct
|
Immediate
|
|
|
Not more than 1 year
|
1 week
|
More than 1 but no more than 3 years
|
2 weeks
|
More than 3 years but no more than 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
If the employee is over 45 years of age and has two or more
continuous years of service, add one week for all notice except for serious
misconduct.
(4) Part-time
Employment
(a) An employee
may be engaged by the week to work on a part-time basis for a constant number of
hours which, having regard to the various ways of arranging ordinary hours,
shall average less than 38 but not less than 16 hours per week.
(b) An employee so
engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed
by clause 3.2, Payment of Wages, for the classification in which the employee
is engaged.
(c) An employee
engaged on a part-time basis shall be entitled to payments in respect of annual
leave, public holidays and sick leave arising under this award on a
proportionate basis.
(d) No existing
employee engaged full-time shall be forced to reduce to part-time employment
because of this provision.
(e) Employees
under this clause shall not commence work prior to their fixed starting time
unless such time is paid at overtime rates.
(f) The number of
part-time employees shall not exceed 20% of employees at the quarry unless
agreed to by the majority of employees at the quarry.
(g) Prior to the
introduction of any part-time employment, Boral should consult with the
employees at the quarry by utilising the site consultative mechanism and
procedures established in accordance with clause 2.2, Consultation.
(5) Casual
Employment
(a) A casual
employee is one engaged and paid as such.
A casual employee for working ordinary time shall be paid per hour one
thirty-eighth of the weekly rate prescribed by this award for the work that
they perform, plus 15%.
(b) If, after
having been engaged by Boral at the quarry for a period of 12 months, a casual
employee requests to be made permanent, Boral shall make the employee a
permanent employee.
(c) To avoid any
doubt the following clauses do not apply to casual employees: 2.1(1), (2), (3)
and (4), 2.5, 2.7, 4.6(1), (2) and (3), 5.2, 5.4, 5.5, 5.7, 5.8 and 7.1 (2).
(d) A casual
employee may have their employment terminated upon one hour’s notice.
(6) Late Comers
Notwithstanding anything elsewhere contained in this
award, Boral shall utilise for timekeeping purposes the decimal proportion 0.1 of
an hour and shall apply such proportion in the calculation of the working time
of the employees. When an employee,
without reasonable cause promptly communicated to Boral, reports for duty after
their appointed starting time or ceases duty before their appointed finishing
times, Boral may pay the employee only for the time so worked. If Boral adopts a proportion for the
aforesaid purposes, they shall apply the same proportion for the calculation of
overtime.
2.2 Consultation
(1) The parties to
this award are committed to co-operating positively to increase the efficiency,
productivity and competitiveness of the quarry and to enhance the career
opportunities and job security for the employees.
(2) The quarry
operates a consultative mechanism and procedure suitable to its size and
structure (which the relevant unions endorse and participate in as required)
and this will continue.
(3) For the
purpose of this clause, "relevant union" shall mean a union which is
a party to this award and has members at the quarry.
2.3 Utilisation of
Skills
(1) Employees
shall be employed to carry out such duties as may be directed by Boral from
time to time, subject to the limits of their skill and competence.
(2) Any employee
may at any time carry out such duties and use such tools and equipment as may
be directed by Boral, provided that the employee is competent to do so.
2.4 Training
(1) The parties to
this award recognise that, in order to increase the efficiency, productivity
and competitiveness of the quarry, a greater commitment to training and skill
development is required. Accordingly,
the parties commit themselves to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(c) removing
barriers to the utilisation of skills acquired.
(2) Unless
otherwise agreed with an employee, Boral shall develop a training program with
each employee consistent with:
(a) the current and
future needs of the quarry;
(b) the size,
structure and nature of the operation of the quarry;
(c) the need to
develop competencies relevant to the quarry.
(3)
(a) Where it is
agreed that additional training in accordance with the program developed pursuant
to subclause (2) of this clause should be undertaken by an employee, that
training may be undertaken either on or off the job. Provided that, if the training is undertaken during ordinary
working hours, the employee concerned shall not suffer any loss of pay.
(b) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in Boral's technical library)
incurred in connection with the undertaking of training shall be reimbursed by
Boral upon production of evidence of such expenditure. Provided that reimbursement shall also be on
an annual basis, subject to the presentation of reports of satisfactory
progress.
(c) Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the Boral.
2.5 Redundancy
(1) Commitment
(a) Preservation
of Employment
(i) Where
practicable, and having regard to the needs of the quarry, Boral and their
employees will co-operate to preserve existing employment and enhance future
employment opportunities generally.
(ii) This is best
achieved when Boral and its employees co-operate to ensure that what can be
done is done to produce sustainable improvements in the competitive performance
of the quarry.
(b) Selection
When redundancies are to occur, those to be made
redundant should be selected by reference to the skills, experience, training
and performance of individuals compared to the current and future needs of the
business concerned. Having undertaken
such an assessment, if it is necessary to make redundant individuals that are
comparatively equal in terms of the said assessment, unless some other pressing
domestic issue is raised by the individuals concerned, the employee or
employees with the shortest period of service should be retrenched first.
(2) Introduction
of Change
(a) Boral's Duty
to Notify
(i) Where Boral has
made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, Boral shall notify the employees who may be affected by
the proposed changes.
(ii) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of Boral's workforce or in the skills required,
the elimination or diminution of job opportunities, promotion opportunities or
job tenure; the alteration of hours of work, the need for retraining or
transfer of employees to other work or locations; and the restructuring of
jobs. Provided that, where the award
makes provision for alteration of any of the matters referred to herein, an
alteration shall be deemed not to have significant effect.
(b) Boral's Duty
to Discuss Change
(i) Boral shall
discuss with the employees affected, inter alia, the introduction of the
changes referred to in paragraph (a) of this subclause, the effects the changes
are likely to have on employees and the measures to avert or mitigate the
adverse effects of such changes on employees and shall give prompt
consideration to matters raised by the employees and/or their union in relation
to the changes.
(ii) The discussions
shall commence as early as practicable after a definite decision has been made
by Boral to make the changes referred to in the said paragraph (a) and should
utilise the consultative structure established at the quarry in accordance with
clause 2.2, Consultation.
(iii) For the
purposes of such discussion, Boral shall provide in writing to the employees
concerned and their union, if any, all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the changes
on employees and an other matters likely to affect employees; provided that
Boral shall not be required to disclose confidential information the disclosure
of which would be inimical to Boral's interests.
(3) Redundancy
(a) Discussions
Before Terminations
(i) Where Boral
has made a definite decision that it no longer wishes the job the employee has
been doing to be done by anyone and this is not due to the ordinary and
customary turnover of labour, and that decision may lead to termination of employment,
Boral shall hold discussions with the employees directly affected.
(ii) The
discussions shall take place as soon as is practicable after Boral has made a
definite decision which will invoke the provisions of subparagraph (i) of this
paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any terminations on the employees concerned.
The discussions should utilise the consultative structure established at the
quarry in accordance with clause 2.2, Consultation.
(iii) For the
purposes of the discussion Boral shall, as soon as practicable, provide in
writing to the employees concerned and their union, if any, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, the number of workers normally employed and the period over which the
terminations are likely to be carried out.
Provided that Boral shall not be required to disclose confidential
information the disclosure of which would be inimical to Boral's interests.
(b) Transfer to
Lower Paid Duties
Where an employee is transferred to lower-paid duties for
reasons set out in subparagraph (i) of paragraph (a) of this subclause, the
employee shall be entitled to the same period of notice of transfer as he or
she would have been entitled to if his or her employment had been terminated,
and Boral may, at Boral's option, make payment in lieu thereof of an amount
equal to the difference between the former ordinary-time rate of pay and the
new lower ordinary-time rates for the number of weeks of notice still owing.
(c) Severance Pay
In addition to the period of notice prescribed for
termination, an employee whose employment is terminated for reasons set out in
the said subparagraph (i) shall be entitled to the following amount of
severance pay in respect of a continuous period of service:
Period of Continuous Service
|
Severance Pay
|
|
|
Less than 1 year’s service
|
Nil
|
1 year and less than 2 years
|
4 weeks’ pay
|
2 years and less than 3 years
|
7 weeks’ pay
|
3 years and less than 4 years
|
10 weeks’ pay
|
4 years and less than 5 years
|
12 weeks’ pay
|
5 years and less than 6 years
|
14 weeks’ pay
|
6 years and less than 7 years
|
16 weeks’ pay
|
and thereafter two weeks' pay per year of service up to
a maximum payment of 52 weeks’ pay.
"Weeks' pay" means the ordinary-time rate of
pay for the employee concerned.
An employee retrenched having attained the age of 45
years shall be paid at the rate of 1.25 weeks for every week of entitlement
according to the payments above.
(d) Employee Leaving
During Notice
An employee whose employment is terminated for reasons
set out in subparagraph (i) of paragraph (a) of this subclause may terminate
his or her employment during the period of notice and, if so, shall be entitled
to the same benefits and payments under this clause had he or she remained with
Boral until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(e) Alternative
Employment
Boral, in a particular redundancy case, may make
application to the Industrial Relations Commission of New South Wales to have
the general severance pay prescription varied if Boral obtains acceptable
alternative employment for an employee.
(f) Time Off
During Notice Period
(i) During the
period of notice of termination given by Boral an employee shall be allowed up
to one day's time off (six days off without loss of pay during each week of
notice for the purpose of seeking other employment).
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of Boral, be required to produce proof of attendance at an interview or
he or she shall not receive payment for the time absent. For this purpose a statutory declaration
shall be sufficient.
(g) Statement of
Employment
Boral shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of his or her employment and the classification
of or the type of work performed by the employee.
(h) Employees With
Less Than One Year's Service
This clause shall not apply to employees with less than
one year's continuous service and the general obligation on Boral should be no
more than to give relevant employees an indication of the impending redundancy
at the first reasonable opportunity, and to take such steps as may be
reasonable to facilitate the obtaining by the employees of suitable alternative
employment.
2.6 Avoidance of
Workforce Conflict
(1) Subject to the
Act, the procedure in subclause (3) of this clause shall apply in the quarry
for the avoidance of conflict in and with the workforce.
(2) The objectives
of the procedure are to promote the resolution of conflict by measures based on
consultation, co-operation and discussion to reduce the level of conflict
within and with the workforce and to avoid interruption to the performance of
work and the consequential loss of production and wages.
(3)
(a) Procedures
relating to individual employees
(i) The employee
is required to notify (in writing or otherwise) Boral as to the substance of
the grievance, request a meeting with Boral 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, Boral 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.
(b) Procedures
relating to conflict involving the workforce
(i) The conflict
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.
(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.
(4) Boral 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.
2.7 Counselling
Upon Boral becoming aware that an employee’s conduct, performance
and/or work performance was/is unsatisfactory, they should:
(a) undertake an
investigation of the matter;
(b) put the matter
to the employee with any relevant supporting information Boral is aware of and
allow them to respond;
(c) consider the
employee’s response;
(d) conclude
whether or not the employee’s conduct behaviour and/or work performance was/is
unsatisfactory;
(e) explain why
the conclusion reached has been arrived at; and then
(f) take
appropriate action.
PART 3
CLASSIFICATIONS, WAGES AND ALLOWANCES, ETC.
3.1 Classifications
and Wages
(1) Employees
covered by this award shall be classified into one of the grades/levels set out
below (and for pay purposes may be classified into a sub-grade/level of a
grade/level as agreed):
(a) Grade 1 -
Trainee
A Grade 1 Trainee is an employee who, upon entering the
production work force of the quarry, will undertake up to three months of
induction and skills training. That
training will include information on the enterprise, conditions of employment,
introduction to quarry personnel, training and career opportunities, quarry
layout, work and documentation procedures and specific occupational health and
safety equipment appreciation and quality control training.
Duties
Indicative of the tasks an employee at this level may
perform are the following:
general labouring;
cleaning;
higher grade tasks for training purposes.
Responsibility
An employee at this level will preform routine tasks,
using minimal judgement, under direct supervision, to the level of their skill
and training.
Qualification
The qualification required for an entry by the employee
will be determined by Boral. Basic
literacy and numeracy skills will be desirable. Use and understanding of English is also desirable.
Training
In accordance with clause 2.4, Training, an employee at
this level will be provided with a period of up to three months of structured
induction and skills training in order to competently perform the duties of a
Quarry Worker Grade 2.
Progression
An employee may progress from Grade 1 to higher grades
after three months' service and on being able to competently perform the duties
at a higher grade.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
no comparable old classification.
(b) Grade 2 -
Attendant
A Grade 2 Attendant has successfully completed up to
three months' structured training so as to enable the employee to perform
competently the work within the scope of this level.
Duties
Indicative of the tasks an employee at this level may
perform are the following:
attend to, maintain and service fixed and mobile plant;
assist with the repair and maintenance of fixed and mobile
plant;
apply basic quality control and assurance procedures;
use Class 1 motor vehicles;
maintain simple records; and
higher grade tasks for training purposes.
Responsibility
An employee at this level works under direct
supervision, either individually or in a team environment.
Qualification
A Grade 2 Attendant will have successfully completed
the entry level induction and skills training and have demonstrated competence
in performing the duties at this level.
Training
In accordance with clause 2.4, Training, an employee at
this level may be provided with structured training to allow him/her to perform
the wider range of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher grades.
Progression
An employee may progress to a higher grade on the basis
of being able to competently perform the skills to work at the higher grade and
on being selected for a position when a position at that level becomes
available.
When accredited competency-based training and
assessment becomes available for higher grades, successful completion of this
training and assessment will be required for progression to a higher grade.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Labourer, Pick and Shovel;
Driver, Motor Vehicle Class 1;
Fixed Plant Attendant.
(c) Grade 3 -
Advanced Attendant
A Grade 3 Advanced Attendant has demonstrated the
competency, and is required to undertake work at this level.
Duties
Indicative of the tasks an employee at this level may
perform are the following:
operate at least one item of Group A plant;
maintain quarry plant and equipment;
carry out basic product sampling and quality testing;
operate a weighbridge;
carry out clerical tasks and maintain simple records;
receive, issue and maintain quarry stores;
assist in one-the-job training; and
higher grade tasks for training purposes.
Responsibility
An employee at this level will be responsible for the
quality of their own work, subject to routine supervision, and exercise
discretion to the level of their skill and training.
Qualification
A Grade 3 Advanced Attendant will have successfully
completed the entry level induction and skills training and have demonstrated
competence in performing the duties at this level.
When accredited competency based training and assessment
becomes available for Grade 3 occupations, successful completion of this
training and assessment will be required qualification for this grade.
Training
In accordance with clause 2.4, Training, an employee at
this level may be provided with structured training to allow him/her to perform
the wider range of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher grades.
Progression
An employee may progress to a higher grade on the basis
of being able to competently perform the skills to work at the higher grade and
on being selected for a position when a position at that level becomes
available.
When accredited competency-based training and
assessment becomes available for higher grades, successful completion of this
training and assessment will be required for progression to a higher grade.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Driver Motor Vehicle Class 3A;
Driver Motor Vehicle Class 3B;
Control Room Operator C;
Weighbridge Operator B;
Storesperson.
(d) Grade 4 -
Operator
A Grade 4 Operator has demonstrated the competency, and
is required to undertake work at this level.
Duties
Indicative of the tasks an employee at this level may
perform are the following:
fault find problems and make adjustments to plant;
understand and interpret quality assurance procedures
and perform analytical tests and ascertain conformity;
operate at least one item of Group B plant;
operate a weighbridge and allocate trucks;
assist in on-the-job training; and
higher grade tasks for training purposes.
Responsibility
An employee at this level will be responsible for the
quality of their work, subject to routine supervision, and exercise discretion
to the level of their skill and training.
Qualification
A Grade 4 will have successfully completed the entry
level induction and skills training and have demonstrated competence in
performing the duties at this level.
When accredited competency-based training and
assessment becomes available for Grade 4 occupations, successful completion of
this training and assessment will be a required qualification for this grade.
Training
In accordance with clause 2.4, Training, an employee at
this level may be provided with structured training to allow him/her to perform
the wider range of duties at this level.
An employee may also, over time, be provided with a structured
program of training that will allow them to competently perform work at higher
grades.
Progression
An employee may progress to a higher grade on the basis
of being able to competently perform the skills to work at the higher grade and
on being selected for a position when a position at that level becomes
available.
When accredited competency based training and
assessment becomes available for higher grades, successful completion of this
training and assessment will be required for progression to the higher grade.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Operator Remote Control - B;
Operator Tractor 295 bhp @ wf;
Operator Dumper 15-20 t;
Operator Pneu. Drill 600 bhp;
Operator Navvy 3.0-5.3 m;
Operator Dumper > 75 t;
Operator Navvy > 5.3 m.
(e) Tradesperson
Level 1 - Electrical/Mechanical
A Tradesperson Level 1 - Electrical is an electrical
tradesperson of one or more of the following classes:
"Electrical Fitter" mainly engaged in making
or repairing electrical machines, instruments or appliances who, in the course
of their work, applies electrical knowledge.
"Electrical Mechanic" tradesperson mainly
engaged on electrical installation, repair and maintenance work.
A Tradesperson Level 1 - Mechanical is a tradesperson
of one or more of the following classes:
mechanical fitter, pipe fitter on refrigeration work
and/or high pressure work, which includes live steam and hydraulic press work;
points and crossings fitter; and window frame fitter; or a tradesperson who is
partly or wholly engaged in setting up and operating the following machines:
lathe, boring machine, milling machine, planing machine, shaping machine,
slotting machine, precision grinding machine, and a drilling machine where the
operator uses the same precision tools as fitters and turners; or a
tradesperson engaged in repairing, altering, overhauling, assembling or testing
metal of the engine or chassis of motorcars, motor cycles or other motor vehicles;
or engaged in repairing and/or overhauling wheeled or track type mobile
equipment associated with (a) construction equipment, (b) earthmoving equipment
or agricultural and diesel mobile equipment such as petrol and/or diesel
engines, chassis, transmission, hydraulics, electrical system and ancillary
equipment; or a tradesperson using electric arc and/or oxy-acetylene blow pipe
and/or coal gas cutting plant who is required to apply general trade experience
as a welder.
Responsibility
An employee at this level will be responsible for the
quality of their own work, subject to general supervision, and exercise
discretion to the level of their skill and training.
Qualifications
A Tradesperson Level 1 will have successfully completed
a recognised trade certificate course.
Training
In accordance with clause 2.4, Training, an employee
may, over time, be provided with a structured program of training that will
allow them to competently perform work at higher levels.
Progression
An employee at this level will be responsible for the
quality of their own work, subject to general supervision, and exercise
discretion to the level of their skill and training.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Tradesperson
(f) Tradesperson
Level 2 - Electrical/Mechanical (Experienced)
A Tradesperson Level 2 - Electrical is an electrical
tradesperson of one or more of the following classes:
"Electrical Fitter" mainly engaged in making
or repairing electrical machines, instruments or appliances who, in the course
of their work, applies electrical knowledge.
"Electrical Mechanic" tradesperson mainly
engaged on electrical installation and repair and maintenance work.
A Tradesperson Level 2 - Mechanical is a tradesperson
of one or more of the following classes:
mechanical fitter, pipe fitter on refrigeration work
and/or high pressure work which includes live steam and hydraulic press work,
points and crossings fitter and window frame fitter; or a tradesperson who is
partly or wholly engaged in setting up and operating the following machines:
lathe, boring machine, milling machine, planing machine, shaping machine,
slotting machine, precision grinding machine, and a drilling machine where the
operator uses the same precision tools as fitters and turners; or a
tradesperson engaged in repairing, altering, overhauling, assembling or testing
metal of the engine or chassis of motor cars, motor cycles or other motor
vehicles; or engaged in repairing and/or overhauling wheeled or track type
mobile equipment associated with (a) construction equipment, (b) earthmoving
equipment or agricultural and diesel mobile equipment such as petrol and/or
diesel engines, chassis, transmission, hydraulics, electrical system and
ancillary equipment; or a tradesperson using electric arc and/or oxy-acetylene
blow pipe and/or coal gas cutting plant who is required to apply general trade
experience as a welder.
Responsibility
An employee at this level will work autonomously, be
responsible for quality control of their own work and may exercise supervision
of others in related or similar work.
Qualification
A Tradesperson Level 2 will have successfully completed
a recognised trade certificate course.
Training
In accordance with clause 2.4, Training, an employee
may also, over time, be provided with a structured program of training that
will allow them to competently perform work at higher grades.
Progression
A Tradesperson Level 1 will progress to this level
after having been employed in the quarrying industry for 18 months.
An employee may progress to a higher grade on the basis
of being able to competently perform the skills to work at the higher grade and
on being selected for a position when a position at that level becomes
available.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Tradesperson Experienced
(g) Tradesperson
Level 3 - Special Class
A Tradesperson Level 3 is:
A Tradesperson Level 1 - Mechanical who is engaged
regularly over a period or intermittently during a week in any combination of
installing, repairing and maintaining, testing, modifying, commissioning of
fault-finding on complex machinery and equipment which utilises hydraulic
and/or pneumatic principles and who, in the course of such work, is required to
read and understand hydraulic and/or pneumatic circuitry that controls fluid
power systems; or
A Tradesperson Level 1 - Electrical who is mainly engaged
on complex or intricate circuitry or both, the performance of which work
requires the use of knowledge in excess of that gained by the satisfactory
completion of the appropriate technical college trade course.
Responsibility
An employee at this level will work autonomously, be
responsible for quality control of their own work and may exercise supervision
of others in related or similar work.
Qualification
A Tradesperson Level 3 will have had a minimum of two
years on-the-job experience as a tradesperson working predominantly on fluid
power systems as will enable the tradesperson to perform such work under
minimum supervision and technical guidance; and satisfactorily completed a
prescribed post-trades course or the achievement to the satisfaction of Boral
of a comparable standard of skill and knowledge by other means, including
in-plant training or on-the-job experience referred to above; or a Tradesperson
Level 3 will have had not less than two years on-the-job experience as a
tradesperson working mainly on such complex or intricate circuitry work as will
enable the tradesperson to perform such work unsupervised where necessary and
practicable; and having, by virtue of either the satisfactory completion of a
prescribed post-trades course in industrial electronics or the achievement of a
comparable standard of knowledge by other means, including the on-the-job
experience referred to above, gained a sufficient comprehension of such complex
or intricate circuitry work as will enable the tradesperson to examine,
diagnose and modify systems comprising inter-connected circuits.
Training
In accordance with clause 2.4, Training, an employee
may, over time, be provided with a structured program of training that will
allow them to competently perform work at higher levels.
Progression
An employee may progress to a higher level on the basis
of being able to competently perform the skills to work at the higher level and
on being selected for a position when a position at that level becomes
available.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Tradesperson Special Class
(h) Tradesperson
Level 4 - Special Class (Experienced)
A Tradesperson Level 4 is:
A Tradesperson Level 2 - Mechanical who is engaged
regularly over a period or intermittently during a week in any combination of
installing, repairing and maintaining, testing, modifying, commissioning of
fault-finding on complex machinery and equipment which utilises hydraulic
and/or pneumatic principles and who, in the course of such work, is required to
read and understand hydraulic and/or pneumatic circuitry which controls fluid
power systems; or
A Tradesperson Level 2 - Electrical who is mainly
engaged on complex or intricate circuitry or both, the performance of which
work requires the use of knowledge in excess of that gained by the satisfactory
completion of the appropriate technical college trade course.
Responsibility
An employee at this level will work autonomously, be
responsible for quality control of their own work and may exercise supervision
of others in related or similar work.
Qualification
A Tradesperson Level 4 will have had a minimum of two
years on-the-job experience as a tradesperson working predominantly on fluid
power systems as will enable the tradesperson to perform such work under
minimum supervision and technical guidance; and satisfactorily completed a
prescribed post-trades course or the achievement to the satisfaction of Boral
of a comparable standard of skill and knowledge by other means, including
in-plant training or the on-the-job experience referred to above; or a
Tradesperson Level 4 will have had not less than two years' on-the-job
experience as a tradesperson working mainly on such complex or intricate
circuitry work as will enable the tradesperson to perform such work
unsupervised where necessary and practicable; and having, by virtue of either
the satisfactory completion of a prescribed post-trades course in industrial
electronics or the achievement of a comparable standard of knowledge by other
means, including the on-the-job experience referred to above, gained a
sufficient comprehension of such complex or intricate circuitry work as will
enable the tradesperson to examine, diagnose and modify systems comprising
inter-connected circuits.
Training
In accordance with clause 2.4, Training, an employee
may, over time, be provided with a structured program of training that will
allow them to competently perform work at higher levels.
Progression
A Tradesperson Level 3 will progress to this level
after having been employed in the quarrying industry for 18 months.
An employee may progress to a higher level on the basis
of being able to competently perform the skills to work at the higher level and
on being selected for a position when a position at that level becomes
available.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Tradesperson Special Class Experienced
(i) Tradesperson
Level 5 - Advanced Electronics
A Tradesperson Level 5 is a person who is engaged in
applying their knowledge and skills to the task of installing, repairing, maintaining,
servicing, modifying, commissioning, testing, fault-finding and diagnosing of
various forms of machinery and equipment which are electronically controlled by
complex digital and/or analogue control systems utilising integrated circuitry. The application of this skill and knowledge
would require an overall understanding of the operating principles of the
systems and equipment on which the tradesperson is required to carry out their
tasks.
Duties
An employee at this level must be capable of:
maintaining and repairing multi-function printed
circuitry using circuit diagrams and test equipment;
providing technical guidance within the scope of the
work at this level;
preparing reports of a technical nature on specific
tasks or assignments as directed and within the scope of the work described in this definition.
Responsibility
An employee at this level will work autonomously, be
responsible for quality control of their own work and may exercise supervision
of others in related or similar work.
Qualification
A Tradesperson Level 5 must have at least three years
on-the-job experience as a tradesperson in electronic systems utilising
integrated circuits and, in addition, must have satisfactorily completed a
post-trades course in electronics equivalent to at least two years' part-time
study.
Translation from Old Structure to New
Old classifications that are to be translated to this
grade include:
Electronics Tradesperson
(2) For the
purposes of this clause, the following words shall bear the stated meaning:
(a) "Attend
to" includes monitoring, inspection and basic operation of fixed plant
items such as crushers and conveyors.
(b) "Maintain"
includes cleaning up, adjustments and retensioning, using selected hand tools
and simple butt and spot welding and oxy-acetylene cutting.
(c) "Service"
includes greasing, changing oil, adjusting pressures, changing filters,
changing tyres.
(d) "Routine
mechanical repairs" includes replacement of V-belts, conveyor idlers,
crusher manganese, screen cloths, pump impellors and liners and pipe sections.
(e) "Simple
processing plant" is a simple fixed or portable processing plant which is
operated by an operator who relies on automatic and/or semi-automatic controls
and remote indicators to monitor and control the plant's output. The operator is required to perform the
major and substantial portion of his/her function within a control room but
will, from time to time, perform functions outside the control room.
(f) "Complex
processing plant" is operated by an plant operator who is required to
monitor and control the complete plant's operation by such means as remote
indicators and automatic and/or semi-automatic controls. In addition to the system, the operator must
have the responsibility of monitoring and controlling at least one further
function, such as tipping control, loading out facilities, stock-pilling
control or similar functions. The
operation is such that the control room cannot generally be left unattended.
(g) "Sophisticated
computer-managed processing plant" contains a sophisticated computer
system that controls most of the operation of the plant. The operator is required to control, adjust
and monitor the operation of the plant using the computer system and to
troubleshoot production problems by utilising the computer's capabilities.
(3) For the
purpose of this clause, the "Plant Groupings" are:
(a) Group A
Simple processing plant;
Motor Vehicle Class 3A and 3B.
(b) Group B
Wheel and tracked loaders up to and including 220 kW;
Tracked dozers up to and including 220 kW;
Motor graders;
Mobile cranes;
Dredges;
Complex fixed or portable processing plant.
(c) Group C
Excavator up to and including 3.0 m;
Face shovel up to and including 3.0 m;
Dragline up to and including 3.0 m;
Dump truck over 12 t and up to and including 25 t
capacity;
Motor scraper over 12 t and up to and including 25 t
capacity;
Off highway water carts;
Wheel or tracked loader over 220 kW and up to and
including 450 kW (not employed at a hard rock face);
Tracked dozer over 220 kW and up to and including 450
kW (not employed at a hard rock face);
Air drill;
Hydraulic drill up to and including 95 kW;
Sophisticated computer-managed processing plant.
(d) Group D
Wheel and tracked loaders over 220 kW and up to and
including 450 kW (employed at a hard rock face);
Track dozer over 220 kW and up to and including 450 kW
(employed at a hard rock face);
Dump truck over 25 t and up to and including 75 t
capacity;
Motor scraper over 25 t and up to and including 75 t
capacity;
Hydraulic drill over 95 kW.
(e) Group E
Excavators over 3.0 m;
Face shovels over 3.0 m;
Dragline over 3.0 m;
Dump truck over 75 t capacity;
Wheel loaders over 450 kW;
Tracked dozers over 450 kW.
(4) The rates of
pay to be paid to employees as classified in subclause (1) of this clause are
set out in Table 1 - Wages, of Part B, Monetary Rates.
(5) Additions to
Wage Rates
The allowances prescribed in paragraphs (a), (b), (c)
and (d) of this subclause shall be treated as part of the employee's ordinary
wage for all purposes of the award.
(a) In Charge of
Plant Allowance (as defined)
The amount per week set out in Item 1 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(b) Leading Hand
Allowance (as defined), in charge of:
2 - 5
|
The amount set out in Item 2 of Table 2
|
6 - 10
|
The amount set out in Item 3 of Table 2
|
11 - 20
|
The amount set out in Item 4 of Table 2
|
More than 20
|
The amount set out in Item 5 of Table 2
|
(c) Competency
Assessment Allowance
For undertaking and then successfully completing competency-based
assessments for the work performed by an employee from time to time the amount
per week set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
Notation: To avoid doubt this allowance will be paid
for employees employed at the quarry at the date of the making of this award
from that date and for new employees from their start date.
(d) Assessor Skill
An employee appointed as an assessor shall be paid the
amount per week set out in Item 14 of Table 2 - Other Rates and Allowances of
Part B, Monetary Rates.
(6) Confined
Spaces Allowance - Quarry Maintenance Personnel
For working in confined spaces (as defined) an employee
shall be paid the amount set out in Item 6 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
3.2 Payment of Wages
(1) Wages shall be
paid weekly by means of electronic funds transfer.
(2)
(a) One day of
each period shall be recognised as payday for each job. It shall not be later
than the same day in each pay period. The
pay period shall close not more than three working days before the recognised
pay day.
(b) Employees
shall be paid during ordinary working hours.
If they are paid during the usual mealtime, such time so occupied shall
be added to the actual meal time.
(c) When employees
are terminated, except for misconduct, they shall be paid all wages due to them
at the time of their termination. In
the case of termination for misconduct or of resignation, they shall be paid
all wages due to them within 24 hours after termination.
(d) Where an
employee is required by Boral to wait at the quarry beyond the ordinary ceasing
time of the employee for payment of wages for a period of more than 15 minutes,
they shall be paid at overtime rates for the period during which they are so
required to wait.
(3) An employee
who, upon the termination of his/her employment, is entitled to long service
leave under the Long Service Leave Act
1955 shall be paid any such entitlement that he/she may have under this Act by
Boral within 14 days of the termination of his/her employment.
(4) In the event
that a scheduled day off falls on payday, Boral may pay wages to the employee
or employees concerned the next following working day. However, subject to Boral being able to make
suitable arrangements, the wages may be paid on the working day preceding the
scheduled day off. Provided further
that, where the scheduled day off falls on a payday which is a Friday, Boral
shall pay wages on the working day preceding this scheduled day off.
(5) In the case of
termination of employment of an employee, in addition to the entitlement due
and payable under the Annual Holidays Act
1944, and the Long Service Leave Act
1955, such employee shall be entitled to payment for that period of rostered
time off to which he/she would have become entitled had he/she continued in
employment. For the purpose of
calculation, this subclause shall refer to that period of leave which the
employee would have become entitled to under the relevant Act at the date of
termination had his/her employment not terminated.
3.3 Tools
(1) Tools
Tradesperson Level 1-5 inclusive shall be paid an
allowance per week as set out in Item 7 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, for supplying and maintaining tools
ordinarily required in the performance of their work as tradespersons.
(2) All tools
required by Grades 1-7 inclusive shall be provided free of charge by Boral.
3.4 First Aid
(1) An employee holding
a first aid certificate and appointed by Boral to perform first aid duties
shall be paid an allowance per day as set out in Item 8 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, in addition to their ordinary
rate.
3.5 Travel, Board and
Lodging
(1) Employees
temporarily transferred from the quarry to another location shall be paid at
ordinary-time rates for all time in excess of that usually spent in travelling
to their place of employment and, when required to use their private vehicle,
shall be paid an allowance as set out in subclause (7) of this clause for all
distance travelled in excess of that usually travelled to their place of
employment. This allowance shall be
payable in addition to any payment made under subclause (8) of this clause.
(2) An employee:
(a) engaged in one
locality to work in another; or
(b) sent other
than at their own request from their usual locality to another for employment
which can reasonably be regarded as permanent, involving a change of residence,
shall be paid travelling time whilst necessarily
travelling between such localities and expenses for a period not exceeding
three months or, in cases where the employee is in the process of buying a
place of residence in the new locality, for a period not exceeding six
months. Provided that such expenses
shall cease after they have taken up permanent residence or abode at the new
location.
(3) An employee
sent from their usual locality to another (in circumstances other than those
prescribed in subclause (2) of this clause) and required to remain away from
their usual place of abode shall be paid travelling time whilst necessarily
travelling between such localities, and expenses whilst so absent from their
usual locality.
(4) The rate of
pay for travelling time shall be ordinary rates, except on Sundays and holidays
when it shall be time and a half.
(5) The maximum
travelling time to be paid for shall be 12 hours out of every 24 or, when a
sleeping berth is provided by Boral for all-night travel, eight hours out of
every 24.
(6) "Expenses",
for the purpose of this clause, means:
(a) all fares
reasonably incurred;
(b) reasonable
expenses incurred whilst travelling, including the amount as set out in Item 9
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each
meal taken;
(c) the provision
of reasonable board and lodging or a reasonable allowance to cover the cost
incurred for board and lodging, not exceeding the amount set out in Item 10 of
Table 2 per week.
(7) Where employees
during working hours are directed by Boral to use their private motor vehicle
for any purpose, they shall be paid an allowance as set out in Item 11 of Table
2 per kilometre travelled. This
allowance shall be payable in addition to any payment made under subclause (8)
of this clause.
(8) Where public
transport is not available at a suitable time, employees shall be paid an
allowance as set out in Item 12 of Table 2 per day in recognition of the
necessity of making their own transport arrangements, provided that the above
allowance shall be payable to employees who commence prior to 6.30 a.m. or
finish subsequent to 7.00 p.m.
PART 4
HOURS OF WORK, ETC.
4.1 Hours of Work -
Day Workers
(1) Subject to
clause 4.2, Working of a 38-Hour Week, the ordinary hours of work shall be an
average of 38 per week.
(2) Subject to
Schedule 1, the ordinary hours of work prescribed herein may be worked Monday
to Friday inclusive worked continuously, except for meal breaks, at Boral’s
discretion between the spread of hours of 6.30 a.m. and 6.00 p.m.
Provided that the spread of hours may be further
altered by mutual agreement between Boral and the majority of employees
concerned.
(3) The ordinary
hours of work prescribed herein shall not exceed ten on any day. Provided that, in any arrangement of
ordinary hours where the ordinary working hours are to exceed eight on any day,
the arrangement of hours shall be subject to agreement between Boral and the
majority of employees concerned in the quarry.
4.2 Working of a
38-Hour Week
(1) The method of
working the 38-hour week shall be any one of the following:
(a) by Boral
fixing one work day in the 4th week of a four-week work cycle as a leisure day
on which all employees at the quarry will be off work; or
(b) by Boral
fixing two rostered work days on which
employees may be rostered off for two half days during a particular
four-week work cycle; or
(c) by Boral
rostering employees off on various days of
the week during a particular work cycle so that each employee has one day off during a four-week
work cycle.
(2) Provided that,
where Boral has not fixed a rostered day or half day off as above, then, by
agreement with the employee concerned, an employee may work less than eight ordinary
hours on any one day or more days each week.
(3) Rostered days
off may be accumulated to a maximum of five days by agreement between Boral and
the individual employee concerned.
(4) Where such
rostered work day as prescribed by paragraphs (a), (b) and (c) of subclause (1)
of this clause falls on a public holiday as prescribed in clause 4.6, Sundays
and Holidays, the next working day shall be taken in lieu of the rostered day
off unless an alternative day in that four-week cycle or the next is agreed
upon in writing between Boral and the employee(s).
(5) Each day of
paid leave taken and any public holiday occurring during any cycle of four
weeks shall be regarded as a day worked for accrual purposes.
(6) An employee
who has not worked, or is not regarded by reason of the said paragraph (a) as
having worked, a complete 19-day four-week cycle shall receive pro rata accrued
entitlements for each day worked or regarded as having been worked in such
cycle payable for the rostered day off or, in the case of termination of
employment, on termination.
(7) The accrued
rostered day prescribed in paragraphs (a), (b) and (c) of subclause (1) of this
clause shall be taken as a paid day off, provided that the day may be worked
where that is required by Boral and such work is necessary to allow other
employees to be employed productively or to carry out-of-hours maintenance or
because of unforeseen delays to a particular project or a section of it or for
other reasons arising from unforeseen or emergency circumstances on a project,
in which case the employee shall take another day off at their discretion
within the next seven days.
4.3 Shift Work
(1) Definitions
For the purposes of this clause:
"Afternoon shift" means any shift finishing
after 6.00 p.m. and at or before midnight.
"Night shift" means any shift finishing
subsequent to midnight and at or before 8.00 a.m.
"Rostered shift" means any shift of which the
employee concerned has at least 48 hours' notice.
"Continuous work" means work carried on with consecutive
shifts of employees throughout the 24 hours of each of at least six consecutive
days without interruption except during breakdowns or meal breaks or due to
unavoidable causes beyond the control of Boral.
(2) Shift Work
(a) Subject to clause
4.2, Working of a 38-Hour Week, the ordinary hours of work shall be an average
of 38 per week.
(b) The ordinary
hours shall be worked continuously each day except for meal breaks at the
discretion of Boral. Subject to the
provisions of clause 4.4, Meal Breaks, an employee shall not be required to
work for more than five ordinary hours without a break for a meal. Except at regular changeover of shifts, an
employee shall not be required to work more than one shift in each 24 hours.
(c) Provided that
the ordinary hours of work prescribed herein shall not exceed ten hours on any
day. In any arrangement of ordinary
working hours, where the ordinary working hours are to exceed eight on any
shift, the arrangement of hours shall be subject to agreement between Boral and
the majority of employees concerned in the quarry.
(3) Roster
Shift rosters shall specify the commencing and
finishing times of ordinary working hours of the respective shifts.
(4) Variation by
Agreement
Notwithstanding anything elsewhere contained in this
award, the method of working shifts may in any case be varied by agreement
between Boral and the accredited representative(s) of the employees to suit the
circumstances of the quarry. The time
of commencing and finishing shifts, once having been determined, may be varied
by agreement between the employee concerned and Boral to suit the circumstances
of the quarry or shift work may rotate weekly or fortnightly with day
work. In the absence of agreement, by
seven days' notice of alteration given by Boral to the employees.
(5) Afternoon or
Night Shift Allowances
(a) A shift worker
whilst on afternoon or night shift shall be paid for such shift 33.33% more
than their ordinary rate.
(6) The minimum
rate to be paid to a shift worker for ordinary hours of work performed between
midnight on Friday and midnight on Saturday shall be time and a half for the
first two hours and double time thereafter.
Such extra rate shall be in substitution for and not cumulative upon the
shift premiums prescribed in subclause (5) of this clause.
(7) Shift workers,
for all time worked by shift workers in excess of or outside their ordinary
working hours, or on a shift other than a rostered shift, shall:
(a) if employed on
continuous work, be paid at the rate of double time; or
(b) if employed on
other shift work, at the rate of time and a half for the first two hours and
double time thereafter, except in each case when the time is worked:
(i) by
arrangement between the employees themselves; or
(ii) for the
purpose of effecting the customary rotation of shifts.
Provided that, when not less than eight hours' notice
has been given to Boral by a relief person that they will be absent from work
and the employee whom they should relieve is not relieved and is required to
continue to work on their rostered day off, the unrelieved employee shall be
paid double time.
(8) Boral may
require any employee to work reasonable overtime at overtime rates.
(9) Sundays and
Holidays
For all time worked by shift workers on a Sunday or
holiday, they shall be paid at the rates prescribed by clause 4.6, Sundays and
Holidays. Where shifts commence between
11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight
shall not entitle the employee to the Sunday or holiday rate; provided that the
time worked by an employee on a shift commencing before midnight on the day
preceding a Sunday or holiday and extending into a Sunday or holiday shall be
regarded as time worked on each Sunday or holiday.
Where a shift falls partly on a holiday, the major
portion of the shift that falls on a holiday shall be regarded as the holiday
shift.
(10) Notwithstanding
the provisions of this clause, employees on shift work shall be allowed a
30-minute paid meal break during each shift, which shall be counted as time
worked.
4.4 Meal Breaks
(1) An employee
shall not be required to work for more than five ordinary hours of work without
a break for a meal.
Provided that, by agreement between Boral and the
employee concerned, an employee may be required to work in excess of five
ordinary hours but not more than six ordinary hours at ordinary rates of pay
without a meal break.
(2) The time of
taking a scheduled meal break by one or more employees may be altered by Boral
if it is necessary to do so in order to meet a requirement for continuity of
operations.
(3) Boral may
stagger the time of taking a meal break to meet operational requirements.
(4) Subject to the
provision of subclause (1) of this clause, an employee employed as a regular
maintenance person shall work during meal breaks at ordinary rates of pay
whenever instructed to do so for the purpose of making good breakdown of plant
or upon routine maintenance of plant which can only be done while such plant is
idle.
(5) Except as
provided in subclauses (1), (2) and (4) of this clause, time and a half rates
shall be paid for all work done during meal hours and thereafter until a meal
break is taken.
4.5 Rest Breaks
(1) An employee shall
be given a rest break of ten minutes each day.
(2) Boral may
stagger the time of taking a rest break to meet operational requirements.
(3) The time of
taking a scheduled rest break by one or more employees may be altered by Boral
if it is necessary to do so in order to meet a requirement for continuance of
operations.
(4) In the case of
shift workers, this paid rest break may be combined with the paid meal break so
as to enable a 30-minute paid meal break.
4.6 Sundays and
Holidays
(1) New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day and an additional
day's holiday to be observed pursuant to subclause (2) of this clause and any
other day gazetted as a public holiday for the State shall be holidays for the
purposes of this award and shall be granted without loss of pay.
(2) In accordance
with subclause (1) of this clause, an employee shall be entitled to one
additional day as a holiday (picnic day) in each calendar year. Such additional holiday shall be observed on
the first Monday in December unless otherwise agreed with an employee. The additional holiday is not cumulative and
must be taken within each calendar year.
(3) Where an
employee is absent from employment on the working day before or the working day
after a holiday, without reasonable excuse or without the consent of Boral, the
employee shall not be entitled to payment for such holiday.
(4) For work done
on any of the holidays referred to in subclause (1) of this clause, double time
and one-half shall be paid, with a minimum payment for four hours' work.
(5) For work done
on a Sunday, double time with a minimum payment for four hours' work shall be
paid.
4.7 Overtime
(1) Payment for
Working Overtime
For all work done outside of and/or in excess of
ordinary hours, the rate of pay shall be time and one half for the first two
hours and double time thereafter, such double time to continue until the
completion of the overtime work. Except
as provided in subclause (2) of this clause, in computing overtime, each day's
work shall stand alone. The hourly
rate, when computing overtime, shall be determined by dividing the appropriate
weekly rate by 38.
(2) Rest Period
After Overtime
When overtime work is necessary, it shall, wherever
reasonably practicable, be so arranged that the employees have at least ten
consecutive hours off duty between the work of successive days. An employee (other than a casual employee)
who works so much overtime between the termination of their ordinary work on
one day and the commencement of their ordinary work on the next day that they
have not had at least ten consecutive hours off duty between those times shall,
subject to this subclause, be released after completion of such overtime until
they have had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
If, on Boral’s instruction, such employee resumes or
continues work without having had such ten consecutive hours off duty, they
shall be paid at double rates until they are released from duty for such period
and they shall then be entitled to be absent until they have had ten
consecutive hours off duty without loss of pay for ordinary working time occurring
during such absence. The provisions of
this subclause shall apply in the case of shift workers who rotate from one
shift to another as if eight hours were substituted for ten hours when overtime
is worked:
(a) for the
purpose of changing shift rosters; or
(b) where a shift
worker does not report for duty; or
(c) where a shift
is worked by arrangement between the employees themselves.
(3) Call Back and
Standing By
An employee recalled to work overtime after leaving the
quarry (whether notified before or after leaving the premises) shall be paid
for a minimum of four hours' work or, where the employee has been paid for
standing by, shall be paid for a minimum of three hours' work at the
appropriate rate for each time they are recalled; provided that, except in the
case of unforeseen circumstances arising, the employee shall not be required to
work for the full three or four hours, as the case may be, if the job they were
recalled to perform is completed within a shorter period. This subclause shall not apply in cases
where it is customary for an employee to return to Boral's premises to perform
a specific job outside their ordinary working hours, or where the overtime is
continuous (subject to a reasonable meal break) with the completion or commencement
of ordinary working time.
Overtime worked in the circumstances specified in this
subclause shall not be regarded as overtime for the purpose of subclause (4) of
this clause when the actual time worked is less than three hours on such recall or on each of such
recalls. Subject to any custom now
prevailing under which employees are required regularly to hold themself in
readiness for a call back, employees required to hold themselves in readiness
to work after ordinary hours shall, until released, be paid standing-by time at
ordinary rates from the time from which they are to hold themselves in
readiness.
(4) Cribs
(a) An employee
who is required to work overtime for two hours or more after the normal ceasing
time shall be allowed, at the expiration of the said two hours, 30 minutes for
a meal or crib and thereafter a similar time allowance after every four hours
of overtime worked. Time for meals or
crib through overtime periods shall be allowed without loss of pay, provided
that overtime work continues after such break.
(b) Where overtime
is worked on a Saturday or Sunday and it continues after 12 noon, a paid break
for a meal of 30 minutes shall be allowed between 12 noon and 1.00 p.m.,
provided that the work continues after the meal break.
(5)
(a) Meal Allowance
An employee required to work overtime for more than one
and a half hours after the ordinary ceasing time on any day without being
notified on the previous day or earlier shall be provided with a meal or paid the
amount set out in Item 9 of Table 2 - Other Rates and Allowances of Part B,
Monetary Rates, for such meal, and the said amount set out in Item 9 for each
subsequent meal after such further four hours overtime; provided that an
employee shall have the option of returning home for a meal, in which case the
employee shall not be entitled to payment of a meal allowance.
(b) An employee
who has been notified of the intention to work overtime but who is not called
upon to work such overtime shall be paid an amount as set out in Item 9 of
Table 2.
(6) Saturday Work
An employee required to work overtime on a Saturday
shall be afforded at least four hours' work or paid for four hours at the
appropriate rate, except where such overtime is continuous with ordinary time,
or overtime commenced on the previous day.
(7) Requirements
to Work Reasonable Overtime
Boral may require any employee to work reasonable
overtime.
PART 5
LEAVE, ETC.
5.1 Annual Leave
(1) Employees,
other than seven-day shift workers - see the Annual Holidays Act 1944.
(2) In addition to
the leave provided for by subclause (1) of this clause, seven-day shift workers
who are rostered to work regularly on Sundays and holidays shall be allowed an
additional one week's leave; provided that, if during the year of employment an
employee has served for only a portion of it as a seven-day shift worker, the
additional leave shall be one day for every 36 ordinary shifts worked as a
seven-day shift worker.
In this subclause, reference to one week and one day
shall include holidays and non-working days.
5.2 Annual Leave
Loading
(1) In this clause
the Annual Holidays Act 1944 is
referred to as "the Act".
(2) Before an
employee is given and takes their annual leave or, where by agreement between Boral
and employee, the annual leave is given and taken in more than one separate
period, then, before each of such separate periods, Boral shall pay the
employee a loading determined in accordance with this clause. (Note: The obligation to pay in advance does
not apply where an employee takes annual leave wholly or partly in advance.)
(3) The loading is
payable in addition to the pay for the period of leave given and taken and due
to the employee under the Act and this award.
(4) The loading is
to be calculated in relation to any period of annual leave to which the
employee becomes entitled under the Act and this award or, where such leave is
given in separate periods, then in relation to each period.
(5) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (4) of this clause at the rate per week of 17.5% of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
annual leave, excluding any other allowances, penalty rates, shift allowances,
overtime or any other payments prescribed by this award.
(6) No loading is
payable to an employee who takes annual leave wholly or partly in advance; provided
that, if the employment of such an employee continues until the day when they
would have become entitled under the Act to annual leave, the loading then
becomes payable in respect of the period of such leave and is to be calculated
in accordance with subclause (5) of this clause, applying the award rates of
wages payable on that day.
(7) Where, in
accordance with the Act, the quarry or part of it is temporarily closed down
for the purpose of giving annual leave or leave without pay to the employees concerned:
(a) An employee
who is entitled under the Act to annual leave and who is given and takes such
leave shall be paid the loading calculated in accordance with subclause (5) of
this clause.
(b) An employee
who is not entitled under the Act to annual leave and who is given and takes
leave without pay shall be paid, in addition to the amount payable to them
under the Act, such proportion of the loading that would have been payable to
them under this clause if they had become entitled to an annual holiday prior
to the closedown as their qualifying period of employment in completed weeks
bears to 52.
(8)
(a) Where the
employment of an employee is terminated for a cause other than misconduct and
at the time of the termination the employee has not been given and has not
taken the whole of the annual leave to which they became entitled, they shall
be paid a loading calculated in accordance with subclause (6) of this clause
for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
(9) This clause
extends to an employee who is given and takes annual leave and who would have
worked as a shift worker if they had not been on leave; provided that, if the
amount to which the employees would have been entitled by way of shift work
allowances and/or weekend penalty rates for the ordinary time (not including
time on a public holiday) which the employee would have worked during the
period of the leave exceeds the loading calculated in accordance with this
clause, then that amount shall be paid to the employee in lieu of the loading.
5.3 Long Service
Leave
(1) See the Long Service Leave Act 1955.
5.4 Parental Leave
(1) See the Industrial Relations Act 1996.
5.5 Bereavement Leave
(1) An employee
other than a casual employee shall be entitled to a maximum of three days'
leave without loss of pay on each occasion of the death of the a person
prescribed for the purposes of Personal/Carer's leave in subparagraph (ii) of
paragraph (c) of subclause (1) of clause 5.8, State Personal/Carer's Leave Case
- August 1996
(2) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(3) 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 subparagraph (ii) of
paragraph (c) of subclause (1) of clause 5.8, State Personal/Carer's Leave Case
- August 1996, provided that, for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(4) 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.
(5) Bereavement
leave may be taken in conjunction with other leave available under clause 5.8,
State Personal/Carer's Leave Case - August 1996.
5.6 Jury Service
(1) An employee on
weekly hiring required to attend for jury service during their ordinary working
hours shall be reimbursed by Boral an amount equal to the difference between
the amount paid in respect of their attendance for such jury service and the
amount of wages they would have received in respect of the ordinary time they
would have worked had they not been on jury service.
(2) An employee
shall notify Boral as soon as possible of the date upon which they are required
to attend for jury service. Further,
the employee shall give Boral proof of their attendance, the duration of such
attendance and the amount received in respect of such jury service.
5.7 Sick Leave
(1) Weekly
employees shall, subject to the production of a medical certificate or other
evidence satisfactory to Boral (which may include a statutory declaration), be
entitled to ten days' sick leave during the first and subsequent years of
service on full pay; provided that a statutory declaration shall be sufficient
proof of sickness in respect of the first two single days' absence of an
employee in any year.
(2) The employee
shall, unless it is not reasonably practicable to do so (proof whereof shall be
on the employee) make every effort to notify Boral of their absence prior to
their normal starting time on the same day of their absence, but in any
circumstances within 24 hours of their normal starting time.
(3) The payment
for any absence on sick leave in accordance with this clause during the first
three months of employment of any employee may be withheld by Boral until the
employee completes such three months of employment, at which time the payment
shall be made.
(4) An employee
shall not be entitled to sick leave for any period in respect of which such
employee is entitled to workers' compensation.
(5) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year.
(6) If an award
holiday occurs during an employee's absence on sick leave, then such award
holiday shall not be counted as sick leave.
(7) Service with
Boral before the date of coming into force of this award shall be counted as
service for the purpose of qualifying thereunder.
(8) Where an
employee is ill or incapacitated within the meaning of this clause on their
rostered day or shift off, they shall not be entitled to sick pay on that day
nor shall their sick leave entitlement be reduced as a result of such illness or
incapacity.
5.8 State
Personal/Carer's Leave Case - August 1996
(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 clause 5.7, 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 Boral 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 Boral 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 Boral, 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 Boral, 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 Boral 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 Boral, to take time off in lieu of payment for
overtime at a time or times agreed with Boral 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 Boral, 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 Boral, 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 Boral, to take a rostered day off at any time.
(b) An employee
may elect, with the consent of Boral, to take rostered days off in part day
amounts.
(c) An employee
may elect, with the consent of Boral, 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 Boral and the employee, or subject to reasonable notice by the employee
or Boral.
(d) This subclause
is subject to Boral 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.
PART 6
MISCELLANEOUS
6.1 Delegates
(1) An
employee-appointed delegate in a quarry in which they are employed shall, upon
notification thereof to Boral, be recognised as the accredited representative
of the union to which they belong. An
accredited delegate shall be allowed reasonable time during working hours to
interview Boral or their representative on matters affecting employees whom
they represent.
(2) Subject to the
prior approval of Boral, an accredited delegate shall be allowed a reasonable
period of time during working hours to interview a duly accredited union
official of the union to which they belong on legitimate union business.
(3) Noticeboard
Boral shall permit a noticeboard of reasonable
dimensions to be erected in a prominent position in the quarry so that it will
be reasonably accessible to all employees working under the award.
Accredited union representatives shall be permitted to
put on the noticeboard or boards union notices, signed or countersigned by the
representative posting it. Any notice
posted on such board not so signed or countersigned may be removed by an
accredited union representative or by Boral.
6.2 Protective
Clothing
(1) Each employee
shall be provided with two pairs of appropriate overalls or trousers/shirt or
shorts/shirt combinations per annum free of charge.
(2) Each employee
shall be provided with a maximum of two pairs of safety boots/shoes per annum on
a one pair for one pair replacement basis.
(3) Any other
article of protective clothing that is required shall be provided by Boral and
shall be worn.
(4) The articles
so supplied in subclauses (1), (2) and (3) of this clause shall remain the
property of Boral.
6.3 Personal
Protective Equipment
(1) All personal
protective equipment that is required shall be provided by Boral and shall be
worn.
(2) All articles
of personal protective equipment shall remain the property of Boral.
(3) Boral shall
replace such articles when, in the opinion of Boral, they are no longer in a
serviceable condition, but no employee shall be entitled to a replacement
unless they return the corresponding article issued to them or, if the article
is lost or misplaced by the employee to whom it was issued, they shall pay a
reasonable price for the article.
6.4 Right of Entry
(1) Subject to
subclauses (2) and (3) of this clause, the right of entry to the quarry by an
officer of a recognised industrial organisation of employees shall be in
accordance with the Act.
(2) Any officer of
a recognised industrial organisation of employees shall only be granted access
to the quarry if they are duly authorised to do so by their secretary.
(3) Prior to
entering the quarry in accordance with subclauses (1) and (2), the officer must
first report to the quarry manager.
6.5 Recognised
Industrial Organisations of Employees
(1) The following
industrial organisations of employees are recognised, within the limits of
their constitution rule, to be the relevant industrial organisations of
employees in the quarry industry:
1. The
Australian Workers' Union, New South Wales;
2. Federated
Clerks' Union of Australia, New South Wales Branch.
(2) Nothing stated
above is to be construed to confer a right of preference of employment in
favour of a member of an industrial organisation of employees over a person who
is not a member of an industrial organisation of employees.
6.6 Miscellaneous
Provisions
(1) Damage to
Clothing, Spectacles, Hearing Aids and Tools
Compensation to the extent of the damage sustained
shall be made where, in the course of the work, clothing, spectacles, hearing
aids or tools are damaged or destroyed by fire or molten metal or through the
use of corrosive substances. Provided
that Boral’s liability in respect of tools shall be limited to such tools of
trade as are ordinarily required for the performance of the employee's duties;
provided further that this paragraph shall not apply when an employee is
entitled to workers' compensation in respect of the damage.
(2) Case Hardened
Prescription Lenses
If Boral requires an employee to have their
prescription lenses case hardened, they shall pay for the cost of such case
hardening.
PART 7
REMUNERATION
7.1 Adjustment
Mechanism
(1) On the first
full pay period to commence on or after 1 November each year the rates set out
in Table 1 - Wages and the allowances set out in Table 2 - Other Rates and
Allowances of Part 2, Monetary Rates, shall be increased by the greater of the
average percentage salary increase given that year to salaried employees
employed in:
(a) the
Metropolitan division; or
(b) the Prospect
quarry.
Notation: A salaried employee will be taken to be
employed in the Prospect quarry if they have worked in the quarry for the
majority of the preceding 12 months.
(2) On the first
full pay period to commence on or after 1 November each year each employee
shall be paid an amount of money equivalent to the greater of the average percentage
bonus paid to salaried employees employed in:
(a) the
Metropolitan division; or
(b) the Prospect
quarry,
applied to their gross earnings for the preceding 12
months.
Notation: A salaried employee will be taken to be
employed in the Prospect quarry if they have worked in the quarry for the
majority of the preceding 12 months.
(3) If requested
to do so by the majority of you, Boral shall, at its expense, have an external
auditor validate the:
(a) average salary
increase determined for the purposes of subclause (1) of this clause; and/or
(b) average
percentage bonus determined for the purposes of subclause (2) of this clause.
(4) Should Boral
at any time alter the method by which they remunerate the salaried employees
relevant to this award, they shall confer with you and the union about those
changes and whether any variation to this award is necessary to ensure that the
original purpose of this award is maintained.
(5) Despite
anything else in this award, the wage increase paid in accordance with
subclause (1)of this clause shall not be less than any general wage increase
granted in that year.
PART 8
APPLICATION
8.1 Application
This award shall apply to the Boral Construction Materials Group
Limited and to all employees of Boral employed in the quarry within the
classifications set out in clause 3.1, Classification of Wages.
8.2 Term
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Boral Prospect Quarry (State) Award published 16 March 2001 (323
I.G. 91) and all variations thereof.
The award published 16 March 2001 took effect from the
beginning of the first pay period to commence on 26 July 2000.
The changes made to the award pursuant to the award review
pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of NSW on 18 December 1998 (308
I.G. 307) take effect on 9 July 2001.
PART B
MONETARY RATES
Table 1 - Wages
Grade/Level-
|
Description
|
Weekly Wage
|
Sub-grade/Level
|
|
$
|
1
|
Labourer Pick &
Shovel
|
533.80
|
2
|
Fixed Plant Attendant
|
535.76
|
3
|
Driver Class 3A
|
547.98
|
4
|
RCRO "C"
|
560.24
|
5
|
Lab Assistant
|
582.38
|
|
Weighbridge Clerk
|
|
6
|
RCRO "B"
|
599.71
|
|
Tractor 35-70
|
|
7
|
Crane Op. 10-20 Tonnes
|
611.00
|
|
RCRO "A"
|
|
|
Clerk A Grade 2
|
|
8
|
Tractor Op. 130-295
|
615.92
|
9
|
Plant Op. 12-15 Tonnes
|
622.16
|
10
|
Tractor Op. not HRQ
Face
|
628.37
|
|
Clerk Grade 3
|
|
11
|
Navvy Op. 1.5 m to 3.00
m
|
634.58
|
|
Tractor Op. 130-295
|
|
12
|
Plant Op. 30-40 Tonnes
|
638.87
|
|
Large Drill Operator
|
|
|
Shot Firer
|
|
|
Clerk Grade 4
|
|
13
|
Laboratory Technician
|
644.63
|
|
Plant Operator 50-70
Tonne
|
|
14
|
Plant Operator 50-70
Tonnes +
|
649.53
|
|
Operator 3.00 - 5.50 m
bucket
|
|
|
|
|
1
|
Tradesperson -
Electrical/Mechanical
|
652.27
|
2
|
Tradesperson -
Electrical/Mechanical
|
678.52
|
|
(experienced)
|
|
3
|
Tradesperson - Special
Class
|
682.50
|
4
|
Tradesperson - Special
Class (experienced)
|
708.73
|
5
|
Advanced Electronics
|
754.42
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause
|
Description
|
Amount
|
|
|
|
$
|
1
|
3.1(5)(a)
|
In Charge of Plant
|
11.35 per week
|
2
|
3.1(5)(b)
|
Leading Hand 2-5
|
16.70 per week
|
3
|
3.1(5)(b)
|
Leading Hand 6-10
|
23.78 per week
|
4
|
3.1(5)(b)
|
Leading Hand 11-20
|
33.68 per week
|
5
|
3.1(5)(b)
|
Leading Hand 20+
|
42.94 per week
|
6
|
3.1(6)
|
Confined space
|
0.50 per hour
|
7
|
3.3(1)
|
Tools
|
12.20 per week
|
8
|
3.4(1)
|
First Aid
|
1.68 per day
|
9
|
3.5(6)(b) & 4.7(5)
|
Meals
|
10.15 per meal
|
10
|
3.5(6)(c)
|
Board and Lodging
|
-
|
11
|
3.5(7)
|
Motor Use
|
0.47 per km
|
12
|
3.5(8)
|
No Transport
|
5.53 per day
|
13
|
3.1(5)(c)
|
Competency
|
4.61 per week
|
14
|
3.1(5)(d)
|
Assessor
|
21.56 per week
|
Notation: The rates in Table 1 above include and consume the
"industry disability" allowance and the "inclement weather"
allowance. Accordingly, the rates in Table
1 above compensate employees for the matters previously dealt with by the said
allowances.
SCHEDULE 1
EMPLOYEES WITH A SPAN OF HOURS OF 7:00 A.M. TO 6:00 P.M.
In accordance with previous savings undertakings the following
employees who were employed prior to 9 November 1990 and at that time regularly
worked before 7:00 a.m. each day Monday to Friday shall have their ordinary
hours of work commence at 7:00 a.m. Monday to Friday inclusive:
Emp #
|
Employee Name
|
Start Date
|
|
|
|
00400
|
Abela, Vincent
|
14/01/57
|
00704
|
Campion, George
|
03/01/84
|
00313
|
Debrincat, Joseph
|
02/07/84
|
00009
|
Down, Kevin Bruce
|
25/11/63
|
00105
|
Duck, Gerard Michael
|
01/07/83
|
00509
|
Filippin, Antonio
|
05/03/86
|
00718
|
Frew, Brian Joseph
|
03/03/86
|
00500
|
Gafa, Emanuel
|
12/01/55
|
00101
|
Gardiman, Aurelio
|
03/11/76
|
00733
|
Hunt, Anthony Paul
|
13/09/90
|
00703
|
Kitchner, John William
|
08/03/55
|
00302
|
Micallef, Paul Joseph
|
12/07/54
|
00609
|
Mizzi, Tony
|
02/06/86
|
00610
|
Shepherd, Douglas Francis
|
19/06/87
|
00204
|
Thompson, Michael Francis
|
10/02/89
|
00726
|
Vella, Anthony Michael
|
20/09/89
|
00603
|
Zammit, Tarcisius
|
18/03/52
|
M. J. WALTON J, Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.