BORAL PROSPECT QUARRY TRANSITION TO CLOSURE (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Boral
Construction Materials Group Limited.
(No. IRC 2969 of 2005)
|
Before Commissioner
McLeay
|
28 June 2005
|
AWARD
Arrangement
Preamble
PART 1 - The
Transition Period
1. Early
Retirement
PART 2 - The
Transition Period & Closure Period
1. Alternative
Employment
2. Work
Cover Tickets
3. Retraining
4. Outplacement
Services
5. Multi
Skilling
PART 3 - The Closure
Period
1. Use of
Contractors
2. Supervision
of Contractors
3 Selection
and Labour Retention
4. Retention
Redundancy Payment
5. Continuity
of Quarrying Operations
6. Media
PART 4 - The Post
Closure Period
1. New
Business
PART 5 - General
1. No Further
Claims
2. No
Precedent
3. Indexation
of Monetary Amounts
4. Set Off
5. Relationship
to Parent Award
6. Disputes
Procedure
7. Anti-Discrimination
8. Dictionary
9. Area,
Incidence and Duration
Preamble
The Redevelopment of the Boral Quarries Prospect Greystanes
Estate is a unique process for Boral Quarries and the Prospect quarry
employees.
It involves the complete Redevelopment of the Estate leading
to the largest remaining land release for residential and light commercial use
in the Sydney basin (the Redevelopment).
Boral Quarries endeavours to optimise the finalisation of
quarrying activities at Prospect to balance the profitability of quarrying
activities and the Redevelopment.
This process will require a level of co-operation and
flexibility not usually required in a standard quarrying operation and a
recognition that all employment at the Prospect quarry will come to an end.
For their part many employees will see the Redevelopment as
a threat to historically secure employment others will see it as a convenient
opportunity to end working life or pursue other career opportunities.
Boral Quarries recognizes this and understands that
employees will be affected differently.
Some will:
(a) retire form
working life;
(b) seek further
employment with Boral Quarries;
(c) seek further
employment with Boral generally; and
(d) seek further
employment elsewhere.
This award is designed to address all of these circumstances
in a manner that ensures the success of the Redevelopment and Boral Quarries while
reasonably and fairly responding to the needs of employees.
There are three distinct periods that this award relates to
the:
(a) Transition
Period (2003 to 2005);
(b) Closure Period
(2006 to ending of quarrying activities); and
(c) Post Closure
Period (after the current quarrying activities have ceased).
PART 1
The
Transition Period
Part 1. Applies During the Transition Period Only.
1. Early Retirement
A number of employees may already be considering and
planning for retirement from working life.
For some employees this may co-inside conveniently with the finalization
of quarrying activities. For others the
timing may be less convenient and they may wish to retire before the
finalization of quarrying activities. To assist and facilitate this during the
Transition Period, Boral Quarries will allow any employee who is fifty five
years of age or more with twenty or more years of service to elect to take a
retirement redundancy package of 26 weeks pay for the purposes of retiring from
working life (replacing them with contract labour if required).
To avoid any doubt the:
(a) RRP will not
apply to any employee taking up this option; and
(b) Redundancy
provisions of the Parent Award do not apply to an employee electing to take a
retirement redundancy package.
PART 2
The
Transition Period & Closure Period
Part 2. Applies During the Transition Period and Closure
Period Only.
1. Alternative
Employment
Boral Quarries is committed to working with the employees to
locate employment opportunities at other quarries within the quarries division.
Boral Quarries has already interviewed all employees to
determine, in concert with them, their priorities and preferences in terms of
on-going employment etc.
As a consequence of this Boral Quarries has re-located a
number of suitable employees to both its Dunmore and Peat’s Ridge quarries.
Employees will periodically be interviewed to keep them
informed of job opportunities and to determine any changing priorities they
have.
Boral Quarries prefers to transfer existing employees rather
than recruit afresh where the existing employee is the best candidate. This can
benefit Boral Quarries by:
(a) reducing
costs;
(b) avoiding a
potentially lengthy recruitment process; and
(c) minimizing the
need for extended induction and job take up.
Accordingly, Boral Quarries will offer suitable
candidates transfers to other quarries where such positions exist rather than
recruiting from the open market. 1
Boral Quarries will also make available to employees
relevant internal Boral job vacancies that appear on the Boral intra net.
2. Work Cover Tickets
Employees may wish to take the skills they currently hold
and utilize them in related industries.
To assist in this process Boral Quarries will provide at its cost the
opportunity for employees to obtain Work Cover tickets for any equipment they
currently operate at Prospect quarry.
3. Retraining
To assist any employee retrain for work out side of the
quarry industry Boral Quarries will pay up to $750.00 or such higher amount
that Boral considers reasonable in the circumstances, to the cost of any
retraining activity upon remittance of receipts.
[1]
This does not affect the common law rights and obligations of Boral or
employees in relation to accepting or declining suitable alternative employment
at sites other than Prospect Quarry.
4. Outplacement
Services
Boral Quarries will provide upon request outplacement
services to employees including:
(a) assistance in
writing resumes;
(b) training/counselling
on interview preparation; and
(c) financial
counselling,
to a value of $1500.00 from a provider mutually acceptable
to both Boral Quarries and the Union.
5. Multi Skilling
The employees acknowledge that as part of the transition and
closure they may be required to:
(a) use
competencies or skills they do not regularly use; and/or
(b) obtain
competencies or skills not currently held.
Accordingly:
(a) an employee
may be directed to perform any work within their competence or skill (when and
as directed by Boral Quarries) 2; and
(b) employees
shall use their best endeavours to obtain competencies or skills they currently
do not hold if required by Boral Quarries.
PART 3
THE CLOSURE PERIOD
Part 3 applies during the Closure Period only.
1. Use of Contractors
Boral Quarries anticipate that they could utilise
contractors extensively during the Closure Period and thereafter. The use of contractors already extends to:
(a) part of the
operator workforce;
(b) specialist
work; and
(c) some
maintenance activities.
The use of contractors could extend to more or all quarrying
activities.
The employees acknowledge and accept this and will work
co-operatively with Boral Quarries to ensure that any use of contractors is
efficient and effective.
Accordingly, Boral Quarries may utilize contract labour as
it sees fit.
2. Supervision of
Contractors
The employees acknowledge and accept that during the closure
period they may be directed to:
(a) oversee the
work of contractors; and/or
2 This does not limit the operation of the
mixed functions clause.
(b) assist in the
training of contractors.
3. Selection and
Labour Retention
Boral Quarries will need to retain a core workforce until:
(a) quarrying is
finalised; or
(b) a contract
labour force is used.
Accordingly, Boral Quarries may (irrespective of any
provision in the Parent award but subject to Part 5 clause 7 of this award)
select as it sees fit:
(a) who will be
made redundant;
(b) when any
redundancy is to be made; and
(c) whether
redundant positions are to be filled by contract labour.
4. Retention
Redundancy Payment
Subject to this award, in recognition of the co-operation
and flexibilities provided for in this award and the need to retain core skills
until the quarry closes, Boral Quarries will pay each employee a retention
redundancy payment (the RRP), constituted as part of (and in addition to) any
redundancy package arising from the Parent award.
The RRP will be:
|
Years of Service
|
Amount
|
Years of Service
|
Amount
|
Years of Service
|
Amount
|
|
|
$
|
|
$
|
|
$
|
|
< 1
|
1000
|
5
|
3,500
|
18
|
14,000
|
|
1
|
1500
|
6
|
4,000
|
19
|
14,500
|
|
2
|
2000
|
7
|
4,500
|
20
|
15,000
|
|
3
|
2500
|
8
|
5,000
|
21
|
16,000
|
|
4
|
3000
|
9
|
6,000
|
22
|
17,000
|
|
|
|
10
|
7,000
|
23
|
18,000
|
|
|
|
11
|
8,000
|
24
|
19,000
|
|
|
|
12
|
9,000
|
25
|
20,000
|
|
|
|
13
|
10,000
|
26
|
21,000
|
|
|
|
14
|
11,000
|
27
|
22,000
|
|
|
|
15
|
12,000
|
28
|
23,000
|
|
|
|
16
|
13,000
|
29
|
24,000
|
|
|
|
17
|
13,500
|
30+
|
25,000
|
The RRP shall:
(a) only be paid
when a job is made redundant in accordance with clause 3 of Part 3; and
(b) not be paid to
an employee if at any time during the closure period they materially breach any
provision of this award.
5. Continuity of
Quarrying Operations
It is of critical importance that quarry operations continue
during the closure period in a co-operative manner without resort to any
industrial action.
Boral Quarries and the employees are unreservedly committed
to achieving this.
Accordingly, the employees shall not engage in any
industrial action of any kind during the closure period.
To avoid any doubt:
(a) this does not
mean that an employee must undertake work if to do so would put them in an
unsafe situation; and
(b) any dispute
that does arise will be processed through the disputes procedure in the Parent
Award.
6. Media
The employees shall not issue any statement, comment,
information or document concerning Boral Quarries, the quarry or the
Redevelopment in any media without the prior written approval of Boral
Quarries.
PART 4
THE POST CLOSURE
PERIOD
Part 4 relates to the Post Closure Period only. During the Post Closure Period the following
shall apply.
1. New Business
Boral Quarries may operate a new business on or about the
current Prospect Quarry site. Any such
business (other than a business regulated by the Quarries &c, State Award)
will be considered as a green fields site and as such:
(a) the Parent
Award shall not apply to it;
(b) no existing
employee will have an automatic right to any job in such a business;
(c) any employee
working in any such business will be selected on merit; and
(d) Boral Quarries
will consult with the Australian Workers Union NSW before applying for or
making any industrial instrument to regulate the new business.
PART 5
General
Part 5 relates to the:
(a) Transition
Period;
(b) Closure
Period; and
(c) Post Closure
Period.
1. No Further Claims
The employees (and their union) undertake not to pursue any
extra claims award or over award, arising from or connected with, directly or
indirectly, the ending of their employment occasioned by the end to quarrying
operations or arising from any significant change as contemplated by the Parent
Award, except those arising from a Test Case decision of the Industrial
Relations Commission of NSW.
Notation: To avoid any doubt and for abundant caution this
clause does not relate to claims for increases in wages and allowances which
are governed by the Parent Award.
2. No Precedent
The provisions of this award are not to be used by the Union
in negotiations or proceedings concerning Boral Quarries or companies related
to Boral Quarries and are not to be regarded as a precedent and are based on
the particular facts and circumstances affecting Boral Quarries and its
Prospect Quarry employees.
3. Indexation of
Monetary Amounts
The monetary amounts referred to in this award shall be
indexed each year by any percentage increase applied to the ordinary weekly
wage arising from the Parent Award.
4. Set Off
Should the redundancy benefits in the Parent Award increase
(or an award is made replacing or substituting for the Parent Award which has
the effect of increasing the redundancy benefits in the Parent Award) after the
making of this award the RRP will be reduced for each employee by any such
increase at the time of their redundancy.
5. Relationship to
Parent Award
This award overrides the Parent award to the extent of any inconsistency
and/or to the extent that this award deals with the same subject matter.
6. Disputes Procedure
To avoid any doubt clause 2.6 Avoidance of Workplace
Conflict of the Parent Award applies to this award.
7.
Anti-Discrimination
(a) 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, trade union activity and responsibilities as a carer.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
NOTATION:
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) 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."
8. Dictionary
RRP means - the Retention Redundancy Payment arising from
Part 4, clause 4.
Boral Quarries means - Boral Construction Materials Group
Limited.
Employees means - an employee employed by Boral Quarries at
the Prospect Quarry.
Contractor means - a contractor, sub-contractor or labour
hire company.
Parent award means - the Boral Quarries Prospect Quarry
(State) Award as varied or replaced.
Media means - and media without limiting the forgoing,
television, video, radio, newsprint, magazines.
Transition Period means - 2003 to 2005.
Closure Period means - 006 to the cessation of quarrying
activities at the Prospect Quarry.
Post Closure Period means - the period after the cessation
of quarrying activities at the Prospect Quarry.
New business means - any business set up on or about the
Prospect Quarry site (other than a business regulated by the Quarries &c,
State Award).
Union means - the Australian Workers Union, New South Wales,
or/and The Local Government Clerical, Administration, Energy, Airlines and
Utilities Union.
Industrial action means - industrial action as defined in
the Industrial Relations Act 1996.
9. Area, Incidence
and Duration
This award shall apply to all employees of Boral Quarries
employed in the classifications set out in the Parent Award.
This award shall operate on and from 28 June 2005 and have a
nominal term of thirty six months.
J. McLEAY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.