THE AUSTRAL BRICK COMPANY PTY LIMITED (MECHANICAL MAINTENANCE EMPLOYEES, EASTWOOD) ENTERPRISE

AWARD 2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Clay Brick & Paver Association of New South Wales, industrial organisation of employers.

 

(No. IRC 7080 of 2002)

 

 

AWARD

 

1.  Parties

 

The Austral Brick Company Pty Limited (the Company) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (the Union).

 

2.  Application

 

(a)        This Paid Rates Award is binding on The Austral Brick Company Pty Limited, mechanical maintenance employees of the said Company, and The Australian Manufacturing Workers' Union representing their members, employees of the Company, in respect to employment conditions and rates of pay for the Company's employees engaged in mechanical maintenance at the Company's Plant at Eastwood in New South Wales.

 

(b)        This Award will fully replace the Austral Brick Company Pty Ltd (Mechanical Maintenance Employees Eastwood) Enterprise Award 2000 published 25 May 2001 (324 I.G. 1333).  It is to be read in conjunction with The Metal, Engineering and Associated Industries (State) Award except to the extent that where there is an inconsistency with the latter Award, this Enterprise Award will prevail.

 

3.  Arrangement

 

Clause No.          Subject Matter

 

1.         Parties

2.         Application

3.         Arrangement

4.         Period of Operation

5.         Labour Flexibility

6.         Measures to Achieve Gains in Productivity, Efficiency and Flexibility

7.         Wage Adjustment

8.         Career Path Structure

9.         Supply of Clothing

10.       Communication and Consultation

11.       Disputes Procedure

12.       Anti-Discrimination

13.       Drugs and Alcohol

14.       Disciplinary Procedure

15.       Redundancy

16.       Rates of Pay

17.       Other Rates and Allowances

18.       Engagement of Subcontractor or Casual Tradesmen

19.       No Extra Claims

 

4.  Period of Operation

 

This Award will operate from the first pay period after 13 December 2002 and will continue in force until 13 December 2005, subject to the provisions of the New South Wales Industrial Relations Act 1996.

 

5.  Labour Flexibility

 

Tradespersons will perform a wide range of duties, including work which is incidental or peripheral to their main tasks or functions according to their training and competency. They also agree to run the grinding pans for production in conditions of high absenteeism.

 

The fitters agree to undertake purchasing and stores work for maintenance needs under direction of the production manager in the absence of a plant engineer at the Eastwood site.

 

The fitters agree to undertake training in forklift operation and to sit for a forklift license test provided the company pays all associated costs. After completion of this training the fitters agree to extend their previous undertaking to stand in for pan operators due to excessive absenteeism to include forklift operations associated with production. The use of these forklift skills will be limited to two hours per day after reaching agreement with the Brick Tile & Pottery Union delegate on the need.

 

Employees will comply with all reasonable requests to transfer and to perform any work covered by this Award.  The following list is a suggested series of jobs which could be done by both the maintenance trades employees and production employees, providing that the production employees have had training in Mechanical Skills Basic (Email Course) or appropriate accredited training:

 

Under Supervision -

 

Blow bars turned over or replaced

Scrapers adjusted on pit conveyors

Offsider to fitters during machine breakdown

Rollers adjusted on pit conveyors

 

With training and, where appropriate, with accredited training:

 

Remove and replace guards

Rough oxy cutting

Buckets replaced on elevators

Replace screen mesh

Replace rubber chutes

Welding work (provided the employee has received accredited training and can demonstrate sufficient competencies to the satisfaction of the maintenance department)

 

In carrying out duties, employees will take all necessary steps to ensure the quality, accuracy and completion of any task.  Where a machine breakdown occurs, employees will be required to take measures to ensure that the plant is kept clean and free from spent materials and other items resulting from or in connection with the production process.

 

When no electricians are available on site, check basic electrical faults, fuses, machine elements etc if the fitter has been trained in Basic Electrics.

 

The fitters agree to participate in a training program to obtain restricted electrical licenses which would enable them to safely disconnect and reconnect electric motors during change-out. The course involved is the National Restricted Electrical License (7774) it is available at Granville TAFE 2 nights per week for 9 weeks; the company will reimburse the employee for the TAFE fees and associated costs of the course on satisfactory completion.

The company will recognise and reward these extra skills (in accordance with the National Metal and Engineering Competency Standards) as progression towards the C9 classification and pay tradesmen who have successfully completed the course at the level 102.5% of the prevailing C10 fitters rate at Eastwood.

 

Any direction given by management will be consistent with the Company's obligations under the Occupational Health and Safety Act 2000 and its regulations 2001.

 

6.  Measures to Achieve Gains in Productivity, Efficiency and Flexibility

 

The parties undertake to continue to co-operatively and positively work towards creating the most efficient means of providing maintenance and tooling requirements for overall quality workmanship.

 

They will continue to identify work practices and work/job organisation which mitigate against maximising maintenance and "tooling up time".  These items may include cost control, reduced down time and efficient administration of the engineering stores.

 

Also they agree to repair refractory doors in the kiln, during an emergency and the maintenance personnel agree that they will test run all machinery after repairs have been carried out.

 

When there is no mechanic on site, the fitters agree to repair seals in brick head forks and change tyres.

 

It is recognised by both parties that the continuation of this process assists attitudinal change which manifests itself into areas of improvement, such as communication.

 

The recognised metal industry union picnic day will continue to be added on to annual leave.

 

The unpaid lunch break of 20 minutes will continue to provide extra coverage of the plant and improve productivity. The unpaid lunch break of 20 minutes will also be rostered to suit production needs.

 

(Productivity undertaking by the Metal Trades Employees at Eastwood for EBA 2002)

 

It is recognised by the parties to this award that increasing competitive pressures are upon the brick industry as a result of new technology, new products and new building systems. These concerns are validated by the loss of employment opportunities in the claypipe industry over the last decade.

 

It is agreed that the Eastwood Plant has a limited and indeterminate life due to shortage of raw materials and increasing environmental  pressures. However the parties to this award are concerned that the operation of the site continues to achieve the highest levels of safety, quality, productivity and efficiency possible so that the plant remains competitive in the face of the new technological and commercial pressures discussed above. In this manner the common interests of the company and its maintenance employees will be maximized during the remaining life of the operation.

 

For these reasons the union and its members agree to actively work in co-operation with management of The Austral Brick Company to achieve its goal of increasing the productivity of plant personnel by adopting best practice initiatives that take advantage of developments in technology and production management systems (examples of which are automation, video and telecommunications as well as computerisation).

 

The parties to the award recognise that the adoption of a best practice program is in the interest of the company and its employees who will benefit by acquiring up to-date skills. These skills will improve the quality of the employees worklife at Austral and are also transferable across industries and will therefore maintain the longterm employability of its members. 

 

These skills will be nationally recognised through the national metal and engineering competency standards and where obtained and utilised on site shall be paid as per the classification levels stated in the award.

 

7.  Wage Adjustment

 

(a)        All employees will receive increases to their current rates of pay, excluding travel, first aid and ancillary allowances.  Rates of pay include payment in lieu of all disability allowances such as heat, dirt and confined space.  Rates also include payment in lieu of phone rental being reimbursed by the Company and employees are to maintain a phone connection for the Company to contact them.

 

Increases to rates of pay are as follows:

 

(i)         4% per week for all purposes of the Award, effective from the beginning of the first full pay period to commence on or after 30th September 2002 and a further 4% for all purposes of the Award from the beginning of the first full pay period to commence on or after 30th September 2003.There will be a final 4% increase for all purposes of the Award effective from the beginning of the first full pay period to commence on or after 30th September 2004.

 

(ii)        Key Performance Indicators (KPI) will no longer be paid but will be replaced by a weekly attendance allowance. This attendance allowance has been structured by the incorporation of all weekly, monthly and yearly incentives (including KPI’s, Kmart vouchers and attendance allowances) into one weekly attendance bonus which will provide a $120 weekly attendance bonus for the fitters at Eastwood.

 

The new attendance bonus will be lost to any employee who takes a single day off in any week .Any person who goes home sick after a minimum of four hours on any day or who is late by a total of not more than 2 hours in a pay week will not lose the attendance bonus. Any person who is off work by prearranged and authorised LWOP will only lose the bonus for that day.

 

There will be an exception to this for one single days absence per year if the employee provides a Doctors certificate for the day.

 

It is understood that this attendance bonus would be included in the definition of ordinary time earnings and is therefore payable for the purpose of annual leave, long service leave  and redundancies.

 

To allow for the 8 months which have elapsed so far this year, the good attendance bonus of $25 per day will be payable on eight twelfths of the total sick days payable this year only.

 

Likewise the next due date for K’Mart safety vouchers will be the last paid for Eastwood fitters.

 

(iii)       The minimum weekly rates of pay for full time employees under this Award are set out in clause 16 of this Award.  Current rates of pay for employees may be found in the Company's pay rates manual.

 

(b)        Part-time Employees

 

Part time employees will be paid at the hourly rate of one thirty eighth of the appropriate wage rate of this Award, with a minimum payment of 4 hours each day.

 

(c)        Casual Employees

 

The hourly rate of pay for casual employees will be calculated by dividing the appropriate weekly rate of pay by 38 plus 15%, with a minimum payment for 2 hours each day.

 

Such employees will be entitled to a payment on termination equivalent to one twelfth of their gross earnings.

 

(d)        Rates of Pay for Apprentices

 

Four Year Term	% of Ordinary Weekly Base Rate for
	the Classification of Tradesperson
First Year	42
Second Year	55
Third Year	75
Fourth Year	88

 

(e)        Rates of Pay for Juniors

 

Unapprenticed Junior	% Of Rate For "C10"
Under 16 years of age	36.80%
At 16 years of age	47.30%
At 17 years of age	57.80%
At 18 years of age	68.30%
At 19 years of age	82.50%
At 20 years of age	97.70%

 

(f)         The Company will pay, in addition, 9 % as from 1 July 2002 of any of the above rates in the form of occupational superannuation (adjusted from time to time in accordance with the Superannuation Guarantee Legislation).

 

(g)        The company agrees to bring the fitters overtime conditions into line with the production workers at Eastwood. This means that overtime rates would go to double time after two hours instead of the current three hours.

 

8.  Career Path Structure

 

The parties will maintain career path structures based on defined competency modules that will enable employees to progress through the structure to more interesting and varied jobs.

 

9.  Supply of Clothing

 

The Company will supply employees with three pairs of overalls or three sets of shirts and pants and one pullover per year of service.  A jacket will be provided on an "as needs" basis.

 

10.  Communication and Consultation

 

The parties will meet throughout the period of this Award to discuss issues relating to the operation of the Award for improving productivity and efficiency.

 

Employees who attend conferences and/or meetings for this purpose will be paid for the time spent at such events.

 

11.  Disputes Procedure

 

The parties will confer in good faith with a view to resolving any problem by direct consultation and negotiation while work continues as normal.

 

Disputes will be settled in accordance with the following procedure:

 

(a)        Where an employee or delegate has submitted a request to a supervisor (or a more senior representative of management) about any matter connected with employment, and that request has been refused, the employee may, if the employee so desires, ask the union delegate to submit the matter to management.

 

The Company will reply promptly within 24 hours if the appropriate person can be contacted.

 

(b)        If not settled at this stage, the matter will be formally submitted by a State official of the Union to the Company.

 

(c)        If not settled at this stage, the matter will then be discussed between representatives of the Union and the Company who may be such officers or representatives as the Union and Company may desire.

 

(d)        If the parties fail to resolve the dispute it will be notified to the Industrial Relations Commission for the purpose of ensuring that all avenues of conciliation and mediation are fully explored.

 

(e)        Without prejudice to either party, work will continue in accordance with the Award while the matters in dispute are being dealt with in the manner laid down in this clause.

 

12.  Anti-Discrimination

 

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

 

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

 

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

 

(4)        Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

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

 

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

 

NOTES -

 

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

 

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

 

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

 

13.  Drugs and Alcohol

 

All Company sites are to be free from the consumption of alcohol, or other mood altering substances. 

 

When the senior supervisor on site in consultation with the safety committee or union representative feels an employee’s health has deteriorated to a point where they are unable to carry out their normal duties efficiently, or that they are deemed a danger to themselves or other employees; then the works manager or other senior manager will be notified.

 

If the works manager is in agreement then arrangements will be made to have that person removed from site and taken home so that they are isolated from danger to themselves and others. The works manager will discuss the circumstances with the employee concerned prior to them recommencing work on their next shift.

 

Upon re-occurrence of the above circumstances the person concerned will be requested to attend a medical practice to establish the reason for the deterioration in their fitness for duty.

 

Repeated instances of this nature where it has not been established that this is the result of a bona-fide medical condition will be dealt with through counselling including the involvement of the company’s "Employee Assistance Provider".

 

Ultimately if the above procedures do not satisfactorily resolve the situation then it will be dealt with in accordance with the company’s disciplinary procedure.

 

Employees found consuming illegal drugs or alcohol (outside of responsibly organised company functions) at work will be summarily dismissed for misconduct as per this award.

 

14.  Disciplinary Procedure

 

The following procedure will be adhered to by the Company and the Employees:

 

(a)        Employees who exhibit unsatisfactory performance or behaviour will be counselled so that they understand the standards expected of them, and will be offered assistance and guidance in achieving those standards

 

(b)        Confidential written records of such counselling will be made.  The employee will be shown the written record and will have the opportunity of commenting on its contents whether in writing or orally.  The record will be placed on the employee’s file where the employee has been given the opportunity of responding to the record.

 

(c)        Employees whose performance or behaviour is unsatisfactory will be given adequate time to demonstrate a willingness to improve.  If at the end of this period the employee shows no willingness to improve in the opinion of the Company, then disciplinary action up to and including dismissal after the issuing of three written warnings may be taken.

 

(d)        Nothing in the procedure will limit the right of the Company to summarily dismiss an employee for serious and wilful misconduct.

 

(e)        At all stages of the disciplinary process the employee will be entitled to have another available employee or union representative present as a witness.

 

(f)         All warnings will only expire 12 months after the anniversary date of the relevant warning.

 

15.  Redundancy

 

The company agrees to improve the Eastwood fitters’ redundancy entitlements in line with those available to the Eastwood production employees, which are as follows:

 

 

15.1      Severance Pay

 

(a)        Payments will be made in accordance with the following scale:

 

Years of Service	Entitlement in Weeks	Over 45 years
	Under 45 Years
Less than 1 year	Nil	Nil
1 year and less than 2 years	4	5
2 years and less than 3 years	7	8.75
3 years and less than 4 years	10	12.5
4 years and less than 5 years	12	15
5 years and less than 6 years	14	17.5
6 years and less than 7 years	16	20

 

(b)        An employee with seven or more years’ service will receive, in addition to the above payments, two and a half weeks’ pay for each year of service over the seventh year; provided that the maximum amount of severance payments made in accordance with this clause will be capped at 52 weeks.

 

(c)        If the Company is part of a group of companies with sections other than brick making, employees may be offered work in any of those sections situated in the Metropolitan area.  An employee accepting such a position will complete three months as a trial period to ascertain whether the work is suitable.

 

If the position is not suitable, and the employee leaves or is terminated during the trial period, the employee will be entitled to the payments set out in sub-clause (a) above.

 

(d)        "Week’s Pay" means the all-purpose rate of pay for the employee concerned at the date of termination and will include, in addition to the ordinary rate of pay and over-award payments, bonuses, penalty rates and shift allowances.

 

15.2      Notice of redundancy

 

The conditions for notice period in relation to redundancy will be as per the award.

 

15.3      Other Issues

 

(a)        The company will also provide a professional outplacement service at the time of plant closure to assist the tradesmen with preparation of a resume and interview skills.

 

16.  Rates of Pay

 

The minimum rates of pay for employees under this award is outlined below.  The respective classifications for employees under this award are based on the classifications outlined under the Metal Engineering and Associated Industries (State) Award published 8 June 2001 (325 I.G. 209).

 

 

17.  Other Rates and Allowances

 

Item No.	Brief Description	As At Date of
		Ratification
		$
1	Leading operator in charge of 3 - 10 people	25.83
2	Leading operator in charge of 11 - 20 people	38.61
3	Leading operator in charge of 21+ people	53.73
4	Senior leading hand	79.57
5	First-aid allowance - current holder of first-aid	10.25 per week
	Qualifications
6	Dedicated machine allowance - for employees
	Who work continually on one machine, with
	Specialised Experience on that machine	22.76
7	Meal Allowance - more than 2 hours overtime
	Without being given 24 hours notice	8.50

 

18.  Engagement of Subcontract Or Casual Tradesmen

 

If the company is forced to engage casual/subcontract tradesmen in order to maintain short-term staffing leading up to plant closure those tradesmen shall be paid the appropriate on site rates and casual loadings.

 

19.  No Extra Claims

 

The parties agree to make no additional claims during the life of this award.

 

 

 

T. M. KAVANAGH  J.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.