ILLAWARRA SERVICES PTY LTD EMPLOYEES AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Illawarra Services Pty Ltd.
(No's. IRC 1617 and IRC 1949 of 2002)
Before Commissioner
Connor
|
22 July 2002
|
AWARD
PART A
GENERAL CONDITIONS
DIVISION 1 -
APPLICATION AND OPERATION OF AWARD
1. Award Title
This award is entitled Illawarra Services Pty Ltd Employees
Award.
2. Arrangement
PART A - GENERAL
CONDITIONS
DIVISION 1 -
APPLICATION AND OPERATION OF AWARD
Clause No. Subject Matter
1. Award
Title
2. Arrangement
3. Area,
Incidence and Duration
4. Definitions
5. No Extra
Claims
DIVISION 2 - RATES OF
PAY AND RELATED MATTERS
6. Rates of
Pay
7. Superannuation
8. Special
Rates (All Purpose)
9. Disability
Rates
10. Maximum
Payment
11. Retention
of Rate
12. Time and
Payment of Wages
DIVISION 3 - HOURS OF
WORK
13. Hours of
Duty
14. Employees
Presenting Themselves for Work and Not Required
DIVISION 4 - SHIFT
WORK AND OVERTIME
15. Shift Work
Allowances for Shift Workers
16. Saturday
Rates for Shift Workers
17. Shift
Workers Whose Working Period Includes Sundays and Public Holidays as Ordinary
Working Days
18. Sunday and
Public Holiday Rates
19. Night Work
for Day Workers and Day Shift Workers
20. Transfer
of Day Workers from Day Work to Shift Work
21. Transfer
of Shift Workers
22. Overtime
DIVISION 5 - TYPES OF
LEAVE AND PUBLIC HOLIDAYS
23. Public
Holidays
24. Sick Leave
25. Personal/Carer’s
Leave
26. Annual
Leave
27. Days Added
to the Period of Annual Leave or Long Service Leave
28. Long
Service Leave
29. Jury
Service
30. Compassionate
Leave
31. Parental
Leave
DIVISION 6 -
EMPLOYMENT RELATIONSHIP
32. Contract
of Employment
33. Requirements
to Work in Accordance with the Needs of the Industry
34. Termination
of Employment due to Retrenchment or Redundancy
35. Anti-Discrimination
36. Procedure
for Resolving Claims, Issues and Disputes
DIVISION 7 -
MISCELLANEOUS
37. Delegates
38. Apprentices
39. Department
Work Redesign Agreement
PART B - AGREEMENTS
DIVISION 1 - GENERAL
AGREEMENTS
40. Payment
for Training
41. Lump Sum
Payment Scheme
PART C - MONETARY
RATES - RESTRUCTURED CLASSIFICATIONS
Table 1 - Restructured Ironworker Rates of Pay
Table 2 - Graded Trades Rates of Pay
Table 3 - Apprentices
Table 4 - Other Rates and Allowances
3. Area, Incidence
and Duration
3.1 Application
This award applies to all employees (including
apprentices within clause 38, Apprentices) of Illawarra Services Pty Ltd
employed in classifications appearing in Part C - Monetary Rates - Restructured
Classifications.
3.2 Effective Date
This award takes effect on and from the first pay
period beginning on or after 22 July 2002 and remains in force until 30 June
2004 (the nominal term).
3.3 This award shall
apply to the employees covered by the award to the exclusion of all other
awards.
3.4 Any references
throughout this award to "[deleted - not relevant]" refers to the BHP
Steel (AIS) Pty Ltd - Port Kembla Steel Works Employees Award 2000.
4. Definitions
In this award the following definitions apply:
4.1 "Day
workers" are employees excluding shift workers, but including employees on
night work within clause 19, Night Work for Day Workers and Day Shift Workers,
of this award.
4.2 "Shift
workers" are employees working on a two or three shift system, or a one
shift system whose ordinary hours includes weekend shifts. For shift workers, each day, including
Sunday and public holidays, is considered as being the day on which the
majority of the shift falls.
4.3 "Monday
to Saturday shift workers" means shift workers whose ordinary working
hours are between Monday to Saturday.
4.4 "Annual
leave rate of pay" means:
4.4.1 In the case of:
(a) annual leave
under clause 26, Annual Leave, and clause 27, Days Added to the Period of
Annual Leave or Long Service Leave, of this award taken by an employee
immediately before or after leave under the Annual
Holidays Act 1944;
(b) payment in
respect of annual leave or days added to the period of annual leave being made
to employees under clauses 26 and 27 of this award upon the termination of the
employment of an employee at the same time as payment is being made under the Annual Holidays Act 1944, in respect of
such termination,
the ordinary pay of the employees calculated in
accordance with the Annual Holidays Act
1944, for the leave taken or payments made under that Act.
4.4.2 In the case of
annual leave under clause 26 of this award and days added to the period of
annual leave under clause 27 of this award being taken otherwise than
immediately before or after leave under the Annual
Holidays Act 1944, the ordinary pay of the employees calculated in
accordance with the Annual Holidays Act
1944, as if such leave had been taken under the Act.
4.4.3 "Company"
means Illawarra Services Pty Ltd.
5. No Extra Claims
5.1 General
It is a term of this award arising from the Steel
Industry Wages Agreement 2000-2001 that the unions (with whom this award is
made) undertake, for the period until 31 December 2003, not to raise any
further claims, award or over-award, including claims arising from national or
state wage cases. There will be agreed
scope to arbitrate, if necessary, unresolved issues about classification
restructuring or work value claims.
5.2 Leave Reserved
Leave is reserved to apply in respect of the procedure
contained in clause 36, Procedure for Resolving Claims, Issues and Disputes,
for resolving claims, issues and disputes.
DIVISION 2 - RATES
OF PAY AND RELATED MATTERS
6.
Rates of Pay
6.1 Rates of Pay
The minimum rates of pay for any classification,
subject to the other provisions of this award, are set out in Table 1 -
Restructured Ironworker Rates of Pay, Table 2 - Graded Trades Rates of Pay, and
Table 3 - Apprentices, of Part C - Monetary Rates - Restructured
Classifications of this award. These
rates are inclusive of the adult basic wage of $121.40.
6.2 Restructured
Rates of Pay
The classifications appearing in Part C - Monetary Rates
- Restructured Classifications of this award are new classifications which have
been established as a result of restructuring processes carried out in the
departments and sections of Port Kembla Steelworks in which the new
classifications appear.
6.3 Retention of
Rate
Clause 11, Retention of Rate, of this award has no
application to the classifications appearing in Table 2 - Graded Trades Rates
of Pay, of Part C - Monetary Rates - Restructured Classifications of this
award.
6.4 Ordinary Rate
In addition to the award rate of pay prescribed for the
purpose of subclause 6.1 of this clause, an employee will be paid the
applicable over-award or bonus for the employee's classification to make up the
employee's ordinary or weekly rate of pay.
7. Superannuation
7.1 Superannuation
Legislation
The subject of superannuation is dealt with
exhaustively by Federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act
1993 (Cth), the Superannuation
(Resolution of Complaints) Act 1993 (Cth), and section 124 of the Industrial Relations Act 1996. This legislation, as varied from time to
time, governs the superannuation rights and obligations of the parties. Subject to this legislation, superannuation
is also dealt with by the trust deed and rules of the BHP Billiton
Superannuation Fund.
7.2 Salary
Sacrifice
7.2.1 Despite any
other provisions of this award, for the purpose of calculating ordinary time
earnings, the rate of pay per week prescribed for the purpose of clause 6,
Rates of Pay, of this award is reduced by the amount which an employee elects
by notice in writing to the Company to sacrifice in order to enable the Company
to make a superannuation contribution for the benefit of the employee.
7.2.2 Election Form
For an employee’s election to be valid, the employee
must complete an election form provided by the Company.
7.2.3 Leave
The reduced rate of pay and the superannuation
contributions provided for in this subclause apply for periods of annual leave,
long service leave and other periods of paid leave.
7.2.4 Calculation of
Other Payments
All other award payments, including termination
payments, calculated by reference to the employee’s rate of pay, will be calculated
by reference to the rate of pay per week prescribed for the employee for the
purpose of clause 6, Rates of Pay of this award.
7.2.5 Revoking
Election
Unless otherwise agreed by the Company, an employee may
only revoke or vary his or her election once in each 12 months. Not less than one month's written notice
will be given by an employee of revocation or variation of the employee’s
election.
7.2.6 Termination of
Scheme
If at any time while an employee’s election is in
force, there are changes in taxation or superannuation laws, practice or
rulings that materially alter the benefit to the employee or the cost to the
Company of acting in accordance with the election, either the employee or the
Company may, upon one month's notice in writing to the other, terminate the
election.
7.2.7 Superannuation
Guarantee
The Company will not use any superannuation
contribution made in accordance with an employee’s election to meet its minimum
employer obligation under the Superannuation
Guarantee Administration Act 1992 (Cth) or any legislation which succeeds
or replaces it.
8. Special Rates (All
Purpose)
In addition to the rates of pay prescribed for the purposes
of clause 6, Rates of Pay, the following special rates will apply:
8.1 Mechanical and
Electrical Tradespersons and Maintenance Non-Trades Employees
8.1.1 Large Power
Houses
(deleted - not relevant)
8.1.2 Ship Repairing
(deleted - not relevant)
8.1.3 Electrical
Trades Licences
An additional amount as set out in Item 3 of Table 4 - Other
Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications
of this award will be paid per 38-hour week to an employee employed and working
as an electrical tradesperson possessing a Qualified Supervisor's Certificate
(Electrician) or a Certificate of Registration (Electrician) issued by the
appropriate authority.
8.1.4 Scaffolder’s
Licence
An additional amount as set out in Item 4 of Table 4 -
Other Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications of this award will be paid per 38-hour week to a rigger and/or
roper and/or splicer who holds a Certificate of Competency as a rigger under
the Construction Safety Act 1912
(NSW) and who possesses and uses a Certificate of Competency as a scaffolder
under the Act. These allowances are not
cumulative.
8.2 Plumbers
8.2.1 Licences
A plumber may receive an allowance per hour as set out
in Item 5 of Table 4 - Other Rates and Allowances of Part C - Monetary Rates -
Restructured Classifications of this award when required to act on his or her
plumber’s and/or gasfitter’s and/or drainer’s licence. A gasfitting licence is deemed to include
coal gas, town gas, natural gas, liquid petroleum gas or any other gas where it
is required by any State Act of Parliament or regulation that the holder of a
licence be responsible for the installation of any such service or
services. The provisions of clause 10,
Maximum Payment, of this award will not apply to this paragraph.
8.2.2 A plumber,
licensed plumber and/or lead burner who is a holder of a certificate of
registration under the Plumbers,
Gasfitters and Drainers Act 1979 (NSW) will be paid a registration
allowance per hour as set out in Item 6 of Table 4 - Other Rates and
Allowances, of Part C - Monetary Rates - Restructured Classifications of this
award on the production of such certificate.
8.3 All Purposes
The allowances arising from this clause are paid for
all purposes of the award, except where otherwise prescribed.
9. Disability Rates
In addition to the rates of pay prescribed for the purposes
of clause 6, Rates of Pay, of this award, the following special rates will
apply:
9.1 General
9.1.1 Hot Places
Electrical and mechanical tradespersons and maintenance
non-trades employees working for more than one hour in the shade in places
where the temperature is raised by artificial means to between 46 degrees
Celsius and 54 degrees Celsius will be paid an allowance per hour extra as set
out in Item 7 of Table 4 - Other Rates and Allowances, of Part C - Monetary
Rates - Restructured Classifications of this award. This is subject to the following:
(a) in places
where the temperature exceeds 54 degrees Celsius, employees will be paid per
hour extra as set out in Item 7;
(b) where work
continues for more than two hours in a temperature exceeding 54 degrees
Celsius, employees will also be entitled to 20 minutes' rest after every two
hours' work without deduction of pay;
(c) the
temperature will be decided by the supervisor of the work after consultation
with the employees who claim the extra rate.
9.1.2 Hot Work
Hot work is done in places where the temperature raised
by artificial means is above 49 degrees Celsius. Employees whilst so engaged on work, as specified below, will
receive an additional amount per hour as set out in Item 8 of Table 4 - Other
Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications:
(a) bricklayers
and labourers assisting bricklayers whilst engaged on hot work;
(b) (deleted - not
relevant).
9.1.3 Wet Work
Employees working in any place where his or her
clothing or boots become saturated, whether by water, oil or otherwise, will be
paid an amount per hour extra as set out in Item 9 of Table 4 - Other Rates and
Allowances, of Part C - Monetary Rates - Restructured Classifications. This rate is not payable to an employee who
is provided by the Company with protective clothing and/or footwear. Any employee who becomes entitled to this
extra rate is to be paid such extra rate for such part of the day or shift as
he or she is required to work in wet clothing or boots.
9.1.4 Dirty Work
Mechanical and electrical tradespersons and maintenance
non-trades employees engaged in work other than ship repair work which a
supervisor and employee agree is of an unusually dirty or offensive nature will
be paid per hour extra as set out in Item 10 of Table 4 - Other Rates and
Allowances, of Part C - Monetary Rates - Restructured Classifications:
(a) Mechanical and
maintenance non-trades employees engaged in ship repair work which a foreperson
and employee agree is of an unusually dirty or offensive nature will be paid
for at an amount per hour extra as set out in Item 10;
(b) In the case of disagreement
between the supervisor and employee, the dispute settling procedure prescribed
in clause 36, Procedure for Resolving Claims, Issues and Disputes, of this
award will be followed.
9.1.5 Restrictive
Spaces
Mechanical and electrical tradespersons and maintenance
non-trade employees working in restrictive spaces (as defined) will be paid per
hour extra as set out in Item 11 of Table 4 - Other Rates and Allowances, of
Part C - Monetary Rates - Restructured Classifications:
(a) For the
purpose of this clause, "restrictive space" means a compartment,
space or a place the dimensions of which necessitate an employee working in a
stooped or cramped position or without proper ventilation and, subject thereto,
includes such space:
(i) in the case
of a ship - inside complete tanks, chain lockers and peaks, in bilges, under
engine beds, under engine rooms and stoke-hold floors or under or inside
boilers;
(ii) in the other
cases - inside boilers, steam drums, mud drums, furnaces, flues, combustion
chambers, receivers, buoys, tanks, superheaters or economisers.
9.1.6 High Places
Electrical and mechanical tradespersons and maintenance
non-trades other than riggers and splicers, employees working in any building
or structure in a bosun’s chair or swinging scaffold, or engaged in the
construction, erection, repair and/or maintenance of ships, steel frame
buildings, bridges, gasometers or other structures at a height of 15 metres or
more directly above the nearest horizontal plain will be paid an amount per hour
extra as set out in Item 12 of Table 4 - Other Rates and Allowances, of Part C
- Monetary Rates - Restructured Classifications.
9.1.7 Oil Tanks
Employees working on repairs in oil tanks will be paid
per hour extra as set out in Item 13 of Table 4 - Other Rates and Allowances of
Part C - Monetary Rates - Restructured Classifications. Any employee so engaged for more than half
of one day or shift will be paid the prescribed allowance for the whole of day
or shift.
9.1.8 Explosive-powered
Tools
Employees required to use explosive-powered tools will
be paid per hour extra the amount as set out in Item 14 of Table 4 - Other
Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications, with a minimum payment as set out in this award (subject to
the minimum payments set out in Item 14).
9.1.9 Slag Wool
Maintenance employees handling loose slag wool, loose
insulwool or other loose material of a like nature used for providing
insulation against heat, cold or noise will, when employed on ship repairing or
on construction, repair or demolition of furnaces, walls, floors and/or
ceilings, be paid an amount per hour extra as set out in Item 15 of Table 4 -
Other Rates and Allowances, of Part C - Monetary Rates - Restructured
Classifications.
9.2 Plumbers
Disability Rates
(deleted - not relevant).
9.3 Electrical
Tradespersons
9.3.1 Toxic
Substances
(a) electrical
tradesmen required to use toxic substances will be informed by the employer of
the health hazards involved and instructed in the correct and necessary
safeguards which must be observed in the use of such materials;
(b) electrical
tradesmen using such materials will be provided with and will use all
safeguards as are required by the appropriate Government authority;
(c) electrical
tradesmen using toxic substances or materials of a like nature, where such
substances or materials are used in quantities of 0.5 kg or over, will be paid
an amount per hour extra as set out in Item 21 of Table 4 - Other Rates and
Allowances, of Part C - Monetary Rates - Restructured Classifications;
(d) electrical
tradesmen working in close proximity to employees so as to be affected by the
use of such substances or materials will be paid an amount per hour extra as
set out in Item 22 of Table 4 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications;
(e) for the
purpose of this subclause, toxic substances include epoxy-based materials and
all materials which include or require the addition of a catalyst hardener and
reactive additives or two-pack catalyst system are deemed to be materials of a
like nature.
9.4 Bricklayers
and Labourers
(deleted - not relevant).
9.5 Other
Employees
9.5.1 Applying
Obnoxious Substances
(a) a tradesperson
painter or brush hand engaged in either the preparation and/or the application
of epoxy-based materials or materials of a like nature will be paid an amount
per hour extra as set out in Item 26 of Table 4 - Other Rates and Allowances,
of Part C - Monetary Rates - Restructured Classifications;
(b) in addition,
tradesperson painters or brush hands applying such material in buildings which
are normally air-conditioned will be paid an amount extra per hour for any time
worked when the air-conditioning plant is not operating as set out in Item 27
of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates -
Restructured Classifications;
(c) where there is
an absence of adequate natural ventilation, the employer will provide
ventilation by artificial means and/or supply an approved type of respirator
and, in addition, protective clothing will be supplied where recommended by the
appropriate Government authority;
(d) tradesperson
painters or brush hands working in close proximity to tradesmen painters or
brush hands so engaged will be paid an amount per hour extra as set out in Item
28 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates -
Restructured Classifications;
(e) for the
purpose of this clause, all materials which include or require the addition of
a catalyst hardener and reactive additives or two-pack catalyst system will be
deemed to be materials of a like nature;
(f) this clause
does not apply to employees who are paid rates fixed by Federal awards or to
electrical tradespersons or linespersons.
9.5.2 Foundry Allowance
(deleted - not relevant).
9.5.3 Spray Painting
A tradesperson painter engaged on all spray painting
carried out in other than a properly constructed booth, approved by the
appropriate Government authority, will be paid an amount per hour extra as set
out in Item 30 of Table 4 - Other Rates and Allowances, of Part C - Monetary
Rates - Restructured Classifications.
9.6 Rates Not
Subject to Penalty Additions
The disability rates prescribed in this clause will be
paid irrespective of the times at which the work is performed and are not be
subject to any premium or penalty additions.
9.7 Special Rates
Not Cumulative
Where an employee is entitled to more than one of the
extra rates for disabilities which exist on the same job, the employer is bound
to pay only the highest rate. This
subclause does not apply to subclauses 9.1.1 Hot Places, 9.1.3 Wet Work, 9.1.4
Dirty Work, 9.1.5 Restrictive Spaces or 9.1.6 High Places, of this clause, the
rates for which are cumulative.
9.8 Tools
9.8.1 The rates of
pay for tradesperson classifications and apprentices appearing in Table 2 -
Graded Trades Rates of Pay and Table 3 - Apprentices, of Part C - Monetary
Rates - Restructured Classifications, are inclusive of tool allowances for such
tradespersons.
9.8.2 The Company
will provide for the use of tradespersons all necessary power tools, special
purpose tools, precision measuring instruments and, for sheet metal workers,
snips used in the cutting of stainless steel, monel metal and similar hard
metals.
9.8.3 Where it was
the practice as at 5 November 1979 for the Company to provide all tools
ordinarily required by tradespersons in the performance of their work, the
Company may continue that practice.
10. Maximum Payment
10.1 Shift allowance
and special rates are not subject to any premium or penalty additions.
10.2 All rates
prescribed by this award must not exceed double the rate prescribed by clause
6, Rates of Pay, or clause 8, Special Rates (All Purpose), of this award, or
the corresponding clauses of a Federal award.
This subclause does not apply to any excess due to payments arising from
clause 9, Disability Rates, clause 15, Shift Work Allowances for Shift Workers,
or clause 18, Sunday and Public Holiday Rates (in respect of work done on public
holidays) of this award or the corresponding clause of a Federal award.
11. Retention of Rate
11.1 Retention of
Total Rate - Appointments on or after 29 May 2001
11.1.1 Organisational
Change
An employee who is appointed on or after 29 May 2001 to
a classification which receives a lower total rate of pay than the
classification held immediately prior to the appointment, due to the
rationalisation of the Company's operations, the introduction of technological
change, or changes in work practices, is subject to the following arrangements:
(a) Two or more
years' service
An employee with two or more years' continuous service
with the Company will retain the total rate of pay applicable to the previous
classification. The following
adjustments apply:
(i) In the first
and second years after the date of appointment, all changes in the total rate
of pay applicable to the previous classification.
(ii) In the third
year after the date of appointment, half of any changes in the total rate of
pay applicable to the previous classification.
(iii) No further
adjustments are applicable in subsequent years.
(b) Less than two
years' service
An employee with less than two years' continuous
service with the Company will retain the total rate of pay applicable to the
previous classification. The following
adjustments apply:
(i) In the first
year after the date of appointment, half of any changes in the total rate of
pay applicable to the previous classification.
(ii) No further
adjustments are applicable in subsequent years.
(c) When the total
rate of pay of the employee's new classification exceeds the total rate of pay
of the previous classification as adjusted under subparagraphs (a) or (b) of
this paragraph, the employee will subsequently receive the total rate of pay of
the new classification.
11.1.2 Market
Change
An employee who is appointed on or after 29 May 2001 to
a classification which receives a lower total rate of pay than the
classification held immediately prior to the appointment, due to the market
changes affecting the Company's operations, is subject to the following
arrangements:
(a) An employee
with two or more years' continuous service with the Company will retain the
total rate of pay applicable to the previous classification. The following adjustments apply:
(i) In the first
year after the date of appointment, all changes in the total rate of pay
applicable to the previous classification.
(ii) In the second
year after the date of appointment, half of any changes in the total rate of
pay applicable to the previous classification.
(iii) No further
adjustments are applicable in subsequent years.
(b) When the total
rate of pay of the employee's new classification exceeds the total rate of pay of
the previous classification as adjusted under subparagraph (a) of this
paragraph, the employee will subsequently receive the total rate of pay of the
new classification.
11.1.3 Definition
of Total Rate of Pay
The "total rate of pay" is calculated by adding
the award rate of pay applicable under this award, and the appropriate
over-award or bonus payment. The total
rate of pay excludes all allowances and penalty rates.
An exception to this is the leading hand
allowance. Inclusion of the leading
hand allowance into the total rate of pay only applies if an employee has been
receiving the allowance for greater than six months, but ceases to be entitled
to that allowance for reasons outlined in paragraphs 11.1.1 and 11.1.2of this
subclause.
11.2 Retention of
Rate - Appointments Prior to 29 May 2001
11.2.1 Where,
as a result of the rationalisation of the Company's operations, the
introduction of technological change, or changes in work practices, an employee
is appointed prior to 29 May 2001 to a classification or classifications which
receive lower earnings from the award rate of pay or bonus (or both) than did
his or her classification immediately prior to the appointment or the first
appointment ("the previous classification"):
(a) If the
employee has two or more years' continuous service with the Company, he or she
shall retain the award rate of pay or bonus (or both) applicable to the
previous classification subject to the following adjustments:
(i) In the first
and second years after the date of an employee's appointment, all changes in
the award rate of pay or bonus applicable to the previous classification;
(ii) In the third
year after the date of appointment, half of any changes in the award rate of
pay or bonus applicable to the previous classification;
(iii) Thereafter,
no further adjustments.
Provided that, when the award rate of pay or bonus of
the employee's new classification exceeds the award rate of pay or bonus he or
she then receives, he or she shall thereafter receive payment of the award rate
of pay or bonus (or both), as the case may be, according to his or her new
classification.
(b) If the
employee has less than two years' continuous service with the Company, he or
she shall retain the award rate of pay or bonus (or both) applicable to the
previous classification subject to the following adjustments:
(i) In the first
year after the date of appointment half of all changes in the award rate of pay
or bonus applicable to the previous classification;
(ii) Thereafter,
no further adjustments.
Provided that, when the award rate of pay or bonus of
the employee's new classification exceeds the award rate of pay or bonus he or
she then receives, he or she shall thereafter receive payment of the award rate
of pay or bonus (or both), as the case may be, according to his or her new
classification.
11.2.2 Where,
as a result of a market change affecting the Company's operations, an employee
is appointed prior to 29 May 2001 to a classification or classifications which
receive lower earnings from the award rate of pay or bonus (or both) than did
his or her classification immediately prior to the appointment or the first
appointment ("the previous classification"), if the employee has two
or more years' continuous service with the Company he or she shall retain the
award rate of pay or bonus (or both) applicable to the previous classification
subject to the following adjustments:
(a) In the first
year after the date of his appointment, all changes in the award rate of pay or
bonus applicable to the previous classification.
(b) In the second
year after the date of his or her appointment, half of any changes in the award
rate of pay or bonus applicable to the previous classification.
(c) Thereafter, no
further adjustments.
Provided that, when the award rate of pay or bonus of
the employee's new classification exceeds the award rate of pay or bonus he or
she then receives, he or she shall thereafter receive payment of the award rate
of pay or bonus (or both), as the case may be, according to his or her new
classification.
11.2.3 Where
an employee, as a result of the circumstances specified in paragraphs 11.2.1
and 11.2.2 of this subclause, ceases to be entitled to a leading hand
allowance, he or she shall (provided he or she had been receiving such leading
hand allowance throughout the six months immediately proceeding such cessation
of his or her entitlement thereto) retain the leading hand allowance to which
he or she was entitled immediately proceeding such cessation of his or her
entitlement subject to the same qualifications and adjustments as are specified
in paragraphs 11.2.1 or 11.2.2 of this subclause in relation to the award rate
of pay and bonus in the circumstances which result in the employee ceasing to be
entitled to such leading hand allowance.
11.3 Agreement to
Buy-out
There is scope for the Company and an employee and his
or her union to agree to a one-off payment to buy out entitlements under
subclauses 11.1 or 11.2 of this clause.
11.4 Definition of
Award Rate of Pay
In this clause "award rate of pay" means the
applicable rate of pay per 38-hour week set out in Table 1 - Restructured
Ironworker Rates of Pay or Table 2 - Graded Trades Rates of Pay (excluding tool
allowance), of Part C - Monetary Rates - Restructured Classifications.
The award rate of pay excludes all allowances and
penalty rates.
12. Time and Payment
of Wages
12.1 All wages will
be paid fortnightly by electronic funds transfer directly into an account nominated
by the employee with a bank, building society, credit union or other financial
institution recognised by the Company.
12.2 Each pay period
will commence at 7.20 a.m. on Sunday computed from 7.20 a.m. on 1 June 1958.
12.3 Any variation
of this award expressed to operate from the beginning of a pay period will
operate as if each fortnightly pay period comprises two separate weekly pay
periods.
DIVISION 3 - HOURS
OF WORK
13. Hours of Duty
13.1 Full-time
Employees
Ordinary working hours will be an average of 38 hours
per week over the full cycle of the relevant work roster. Ordinary working hours will not exceed:
13.1.1 Eight
hours during any consecutive 24 hours, or up to 12 hours during any consecutive
24 hours where there is agreement between the Company and the majority of
employees concerned in the relevant work area; or
13.1.2 152
in 28 consecutive days;
except in the case of rostering arrangements which
provide for the weekly average of 38 ordinary hours to be achieved over a
period which exceeds 28 consecutive days.
13.2 Day Workers
13.2.1 Ordinary
working hours will be worked Monday to Friday, inclusive, between the hours of
6.00 a.m. and 6.00 p.m. each day.
13.2.2 On
each day worked, Monday to Friday, inclusive, not less than 30 minutes nor more
than 45 minutes will be allowed to day workers for a meal and, except in the
case of urgent breakdown work necessary to secure an immediate resumption of
operations, will be allowed between the hours of 11.30 a.m. and 1.20 p.m.
13.3 Shift Workers
13.3.1 20
minutes will be allowed to shift workers each shift for crib which will be
counted as time worked.
13.3.2 In
the case of 12-hour shift systems, two 20-minute crib breaks will be taken
approximately four hours apart. Each
crib break will be taken in accordance with the needs of the operation and will
be counted as time worked.
14. Employees
Presenting Themselves for Work and Not Required
Subject to the provisions of clause 32, Contract of
Employment, of this award, an employee who presents him or herself for ordinary
work without notice that he or she will not be required will be paid at least
four hours' pay.
DIVISION 4 - SHIFT
WORK AND OVERTIME
15. Shift Work
Allowances for Shift Workers
15.1 Subject to the
provisions contained in this award which provide otherwise, shift workers will
be paid, in addition to the rates payable under this award, the following shift
work allowances:
15.1.1 Shift
workers whilst working rotating shifts (day shift, night shift, afternoon
shift), with regular weekly changes - at the applicable rate per 38-hour week
as set out in Item 31 of Table 4 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications of this award, in respect of all
shifts worked.
Exceptions to this are that:
(a) each such
rotating shift worker, when engaged under a roster system which does not
provide for at least one third of his or her working time in the full cycle of
the roster being on day shift, will be paid an additional shift allowance at
the rate per 38-hour week as set out in Item 32 of Table 4 - Other Rates and
Allowances, of Part C - Monetary Rates - Restructured Classifications, in
respect of each of any number of afternoon and/or night shifts more than
two-thirds of his or her working time in the roster worked by the employee;
(b) working time
on day shift will, if necessary, include shifts rostered off on day shift not
exceeding an average over the full cycle of the roster of one per 38-hour week.
15.1.2 Shift
workers whilst working shift work which involves regular weekly changes as
follows:
(a) day shift,
night shift;
(b) day shift,
afternoon shift;
(c) day shift, day
shift, afternoon shift;
(d) day shift, day
shift, night shift;
will be paid the applicable amount per 38-hour week as
set out in Item 33 of Table 4 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications of this award.
15.1.3 Shift
workers whilst working shift work on shift systems as follows:
(a) night shift,
afternoon shift;
(b) night shift
only;
(c) afternoon
shift only;
will be paid the applicable amount per 38-hour week as
set out in Item 34 of Table 4 - Other Rates and Allowances, of Part C -
Monetary Rates - Restructured Classifications.
15.1.4 Shift
workers who work any afternoon or night shift other than under the shift
systems set out in paragraphs 15.1.1, 15.1.2 and 15.1.3 of this subclause, and
are not paid in respect of any day shift worked, will be paid at the applicable
amount per shift for each afternoon or night shift worked as set out in Item 35
of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates -
Restructured Classifications of this award.
15.1.5 Each
shift allowance prescribed above is on a shift basis the rate being determined
in each case by dividing the shift allowance prescribed by five.
15.2 In this clause
"night shift" means any shift finishing after 12.00 a.m. and at or
before 8.00 a.m.
15.3 Despite any
other provisions of this clause, or clause 16, Saturday Rates for Shift
Workers, or clause 18, Sunday and Public Holiday Rates, or clause 19, Night
Work for Day Workers and Day Shift Workers, or clause 22, Overtime, of this
award:
15.3.1 Electrical
fitters, electrical mechanics and assistants to electrical tradespersons who
are regularly employed in the shipping department will, while so working on
shift work in that department, be paid in respect of ordinary time the
following shift work allowances for the shifts specified below:
(a) on day shifts
Monday to Friday - nil;
(b) on afternoon
shifts Monday to Friday - an amount equal to 50% of the award ordinary wage
rate;
(c) on night
shifts Monday to Friday - an amount equal to 100% of the award ordinary wage
rate.
15.3.2 Such
shift allowances will not be paid in respect of any shift for which weekend and
public holiday penalty rates are payable or in respect of any overtime shift.
15.3.3 An
employee working shift work on Saturdays, Sundays or public holidays, or
working overtime, will be entitled to the following wage rates in addition to
his or her ordinary wage rates:
(a) Saturday work
- 100%;
(b) Sunday work -
150%;
(c) public holiday
work - 150%;
(d) overtime work
on other than Sundays and public holidays - 100%;
(e) overtime work
on Sundays and public holidays - 150%.
15.3.4 Any
amount prescribed by this subclause will be calculated to the nearest 10 cents,
any broken part of 10 cents in the result not exceeding 5 cents being
disregarded.
16. Saturday Rates
for Shift Workers
Shift workers who have an ordinary shift rostered on a
Saturday will be paid at the rate of time and one-half.
17. Shift Workers
Whose Ordinary Working Period Includes Sundays and Public Holidays as Ordinary Working
Days
Employees may be required to work seven-day shift work to
meet the needs of the business. These
employees will be required to work Sundays and public holidays as ordinary
working days.
18. Sunday and Public
Holiday Rates
18.1 An employee will
be paid at the rate of:
18.1.1 double
time for all work done on Sundays;
18.1.2 double
time and one-half for all work done on the public holidays prescribed in clause
23, Public Holidays, of this award.
18.2 A shift
commencing on a Sunday or public holiday will be paid for at the Sunday or
public holiday rates throughout and a shift which does not commence on a Sunday
or public holiday, though it extends into a Sunday or public holiday, will not
carry Sunday or public holiday rates for any part of this shift.
19. Night Work for
Day Workers and Day Shift Workers
19.1 Subject to
clause 10, Maximum Payment, of this award, but otherwise despite anything
contained in this award:
19.1.1 a
Day Worker who is required in lieu of ordinary day work; or
19.1.2 a
Day Shift Worker who is required in lieu of a day shift on which he or she
would ordinarily be rostered,
to work at night for periods of not less than a full
shift on less than five consecutive nights, or on less than four consecutive
nights when the fifth night is his or her 38-hour week rostered off night, will
be paid at the rate of time and one half of the ordinary rate of pay for the
purpose of clause 6, Rates of Pay, of this award or the corresponding clause of
a Federal award, except:
19.1.3 on
Saturdays, Sundays, 38-hour week rostered off days and holidays; and
19.1.4 in
respect of any night for which the employee has not been given at least 48
hours' notice,
when the employee will be paid at overtime rates for
Day Workers. No shift allowance is
payable in respect of night work under this clause.
19.2 In this clause
"night" means any hours between 3.20 p.m. and 7.20 a.m., and
"Day Shift Worker" means a shift worker employed on a shift system
involving day shift only.
20. Transfer of Day
Workers from Day Work to Shift Work
20.1 Day workers may
be employed as and become shift workers and paid accordingly. The period of transfer will not be less
than:
20.1.1 five
shifts; or
20.1.2 four
shifts when the fifth shift is his or her 38-hour week rostered off shift.
20.2 Day workers
should be given at least 48 hours' notice by the Company of the transfer to
shift work. If this notice is not given
by the Company, he or she will be paid at overtime rates for any shift upon
which he or she are employed as a shift worker under this clause.
21. Transfer of Shift
Workers
21.1 A shift worker
who is required to work on a shift on which he or she would not ordinarily be
rostered will be paid at overtime rates for any such shift. This provision does not apply if:
21.1.1 the
Shift Worker has been given at least 48 hours' notice of the requirement to
transfer; or
21.1.2 the
Shift Worker is reverting to the shift on which he or she would ordinarily have
been rostered.
22. Overtime
22.1 Day Workers
Day workers for all time worked:
22.1.1 in
excess of, or outside, the ordinary working hours and time prescribed by this
award; or
22.1.2 in
excess of five hours without a meal break (except in the case of urgent breakdown
work necessary to secure an immediate resumption of operations),
will be paid at a rate of time and one-half for the
first two hours and at the rate of double time after that.
22.2 Shift Workers
Shift workers for all time worked:
22.2.1 in
excess of the ordinary working shift hours prescribed by this award; or
22.2.2 on
more than 11 shifts in 12 consecutive days; or
22.2.3 on a
rostered shift off; or
22.2.4 in
excess of five and one-half hours without a crib break,
will be paid at the rate of time and one half for the
first two hours and at the rate of double time after that.
This subclause will not apply when the time is worked:
22.2.5 by
arrangement between the employees themselves; or
22.2.6 for
the purpose of effecting the customary rotation of shifts.
22.3 General
22.3.1 Minimum
Eight Hour Rest
(a) Where overtime
work is necessary, it should, where reasonably practicable, be arranged so that
employees have at least eight consecutive hours off duty between the work of successive
days.
(b) An employee
who works so much overtime between the end of his or her ordinary work on one
day and the commencement of his or her ordinary work on the next day that he or
she has not had at least eight consecutive hours off duty between those times
will, subject to this subclause, be released after the completion of working
overtime until he or she has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence. If on the instructions of the Company such
an employee resumes or continues working without having had eight consecutive
hours off duty, he or she will be paid at double rate until he or she is
released from duty for such period and he or she will then be entitled to be
absent until he or she has had eight consecutive hours off duty without loss of
pay for ordinary working time occurring during such period.
If, immediately after taking an eight-hour rest period,
an employee is required to report for work outside his or her ordinary day or
shift commencing time and reasonable means of transport are not available, the
Company should convey or supply the employee with transport to work.
22.3.2 Minimum
Payment
(a) a day worker
required to work on a Saturday, Sunday, a 38-hour week rostered day off or a
public holiday; or
(b) a Monday to
Saturday shift worker required to work on a Sunday, a 38-hour week rostered day
off or a public holiday,
will be paid for a minimum of four hours' work. Provided that, where the actual working time
is less than four hours, the working period will not be regarded as overtime
for the purposes of paragraph 22.3.1 of this clause.
22.3.3 Rounding
Up to Nearest Quarter of an Hour
For the purposes of this clause, a fraction of a
quarter of an hour of overtime counts as a quarter of an hour if more than five
minutes have been worked.
22.3.4 Payment
for Call-out
An employee recalled from his or her home to work
overtime will be paid for a minimum of four hours' work. If the actual time worked is shorter than
four hours, the working period will not be regarded as overtime for the purpose
of paragraph 22.3.1 of this subclause.
For the purpose of this clause, a recall from home to work overtime
takes place when the employee is notified at home of the requirement to return
to work. An employee recalled from his
or her home to work overtime will, at the employee's option, be provided with a
suitable meal free of cost for each normal meal break falling during the overtime
for which he or she was called out, or be paid for a meal allowance as set out
in Item 36 of Table 4 of Part C - Monetary Rates - Restructured Classifications
of this award.
22.3.5 Crib
An employee required to continue at work on overtime for
more than one and a half hours after his or her ordinary ceasing time, who was
not notified before leaving work on the previous day or shift that he or she
would be required to work overtime, may choose to receive either:
(a) a suitable
meal free of cost, and another meal for each subsequent meal break into which
the work extends; or
(b) payment of a
meal allowance as set out in Item 36 of Table 4, Other Rates and Allowances of
Part C - Monetary Rates - Restructured Classifications of this award.
22.3.6 Spoilt
Meal
If an employee reports to work on notified overtime to
find that he or she is not required to work, or is required to work less than
one and a half hours, and he or she has brought a meal to work, he or she is
entitled to payment of a meal allowance as set out in Item 36 of Table 4 of
Part C - Monetary Rates - Restructured Classifications of this award, as
compensation.
22.3.7 Transport
Home
Where an employee working overtime finishes work at a
time when reasonable means of transport is not available to them, the Company
will:
(a) within a
reasonable time transport the employee to:
(i) a reasonable
distance from his or her home; or
(ii) a place to
which the employee usually travels by public transport when returning home from
work; or
(iii) a place from
which he or she can, within a reasonable time, obtain public transport to a
reasonable distance from his or her home or the place to which he or she
usually travels by public transport when returning home from work; or
(b) pay the employee
his or her current rate of pay for the time reasonably occupied in reaching his
or her home.
DIVISION 5 -TYPES
OF LEAVE AND PUBLIC HOLIDAYS
23. Public Holidays
23.1 The days on which
New Year's Day, Australia Day, Good Friday, the Saturday following Good Friday,
Easter Monday, Anzac Day, Queen's Birthday, the local Eight Hour Day, Christmas
Day and Boxing Day and the picnic day of the steel industry unions, if any, are
observed and special days appointed by proclamation as public holidays
throughout the State, are to be public holidays.
Day workers and Monday to Saturday shift workers not
required to work on a public holiday will be paid for the public holiday at the
ordinary rates of pay under clause 6, Rates of Pay, and clause 8, Special Rates
(All Purpose) of this award, or the corresponding clause of a Federal award,
and the applicable bonus.
23.2 This provision
for payment does not apply to:
23.2.1 an
employee whose rostered shift falls on a public holiday (subject to the
provisions of subclause 27.2 of clause 27, Days Added to the Period of Annual
Leave or Long Service Leave) of this award;
23.2.2 an
employee who is absent without leave, or reasonable excuse, on the working day
before or after a public holiday.
24. Sick Leave
24.1 Illness or
Incapacity
An employee who is absent for his or her ordinary
working hours due to personal illness or incapacity, and not due to his or her
own serious and wilful misconduct, is entitled to be paid at ordinary time
rates of pay and applicable bonus payment for the time of his or her absence,
subject to the following:
24.1.1 Workers'
Compensation
An employee is not entitled to be paid for an absence
of any period for which he or she is entitled to workers' compensation.
24.1.2 Absence
Notification
An employee must inform the Company of his or her
inability to attend work within 24 hours of the commencement of his or her
absence. An employee should state the
nature of the illness or incapacity and the estimated duration of his or her
absence.
24.1.3 Proof
of Absence
An employee must prove to the satisfaction of the
Company or, in the event of a dispute, the Industrial Relations Commission of
New South Wales that he or she is or was unable to attend for duty on the day
or days for which payment under this clause is claimed on account of his or her
illness or incapacity.
24.2 Entitlements
24.2.1 Calculation
of Entitlements
An employee is entitled to sick pay for the number of ordinary
working hours based on the years of his or her continued employment as follows:
(a) an employee
with less than one year's continued employment is entitled to 40 ordinary
hours;
(b) an employee
with one or more years' continued employment but less then ten years' continued
employment is entitled to 64 ordinary hours;
(c) an employee
with ten or more years' continued employment is entitled to 80 ordinary hours;
(d) claimed leave
will be deducted from the employee's accrued leave.
24.2.2 Accumulation
of Entitlements
Unused sick leave will accumulate each year of
continuous employment with the Company, whether under this or any other
award. Accumulated sick leave may be
used in subsequent years of continued employment subject to the conditions prescribed
by this clause. The maximum period of
accumulation is 16 years, from the end of the year in which he or she accrued.
24.2.3 Three
Months' Minimum Service
There is no entitlement to sick leave until an employee
has completed three months' continuous service.
24.2.4 Continuous
Service
For the purpose of this clause, continuous service is
considered as not being broken by:
(a) any absence
from work on leave granted by the Company; or
(b) any absence from
work due to personal illness, injury or other reasonable cause which the
employee has provided sufficient proof.
These absences will not be taken into account in
computing the qualifying period of three months.
25. Personal/Carer's
Leave
25.1 Use of Sick
Leave
25.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subparagraph (b) of paragraph 25.1.3 of this
subclause, who needs the employee's care and support, is entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement provided for
in clause 24, Sick Leave, of this award for absences to provide care and
support for such persons when he or she is ill. Such leave may be taken for part of a single day.
25.1.2 The
employee will, 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.
25.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purpose of
this subparagraph:
(A) "relative"
means a person related by blood, marriage or affinity;
(B) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(C) "household"
means a family group living in the same domestic dwelling.
25.1.4 An
employee will, wherever practicable, give the Company 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 will notify the Company by telephone of such absence at
the first opportunity on the day of absence.
25.2 Unpaid Leave
for Family Purpose
25.2.1 An
employee may elect, with the consent of the Company, to take unpaid leave for
the purpose of providing care and support to a member of a class of person set
out in subparagraph (b) of paragraph 25.1.3 of subclause 25.1 of this clause
who is ill.
25.3 Annual Leave
25.3.1 An
employee may elect with the consent of the Company, 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.
25.3.2 Access
to annual leave, as prescribed in 25.3.1 of this subclause, will be exclusive
of any shutdown period provided for elsewhere under this award.
25.3.3 An
employee and employer may agree to defer payment of the annual leave loading in
respect of single-day absences, until at least five consecutive annual leave
days are taken.
25.4 Time Off in
Lieu of Payment for Overtime
25.4.1 An
employee may elect, with the consent of the Company, to take time off in lieu
of payment for overtime at a time or times agreed with the employer within 12
months of the election.
25.4.2 Overtime
taken as time off during ordinary-time hours will be taken at the ordinary-time
rate, that is, an hour for each hour worked.
25.4.3 If,
having elected to take time as leave in accordance with paragraph 25.4.1 of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates will be made at the expiry of the 12-month period or on
termination of employment.
25.4.4 Where
no election is made in accordance with paragraph 25.4.1 of this subclause, the
employee will be paid overtime rates in accordance with the award.
25.5 Make-up Time
25.5.1 An
employee may elect, with the consent of the Company, 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.
25.5.2 An
employee on shift work may elect, with the consent of the Company, 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.
25.6 Rostered Days
Off
25.6.1 An
employee may elect, with the consent of the Company, to take a rostered day off
at any time.
25.6.2 An
employee may elect , with the consent of the Company, to take rostered days off
in part-day amounts.
25.6.3 An
employee may elect, with the consent of the Company, to accrue some or all
rostered days off for the purpose of creating a bank to be drawn upon, at a
time mutually agreed between the Company and employee, or subject to reasonable
notice by the employee or the Company.
25.6.4 This
subclause is subject to the Company informing each union which is both party to
the award and which has members employed at the Works of its intention to
introduce an enterprise system of rostered day off flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
26. Annual Leave
26.1 Day Workers and
Monday to Saturday Shift Workers
For annual leave provisions see the Annual Holidays Act 1944.
26.2 Shift Workers
under clause 17, Shift Workers Whose Working Period Includes Sundays and Public
Holidays as Ordinary Working Days
26.2.1 In addition
to the annual holiday of four weeks provided by section 3 of the Annual Holidays Act 1944 for a year of
employment, seven-day shift workers under clause 17 are entitled to the
additional leave specified below:
(a) if an employee
has worked as a seven-day shift worker for the full year, he or she is entitled
to one week's additional leave;
(b) subject to
subparagraph (d) of this paragraph, if an employee has worked as a seven-day
shift worker for only a portion of the year, he or she is entitled to one
additional day of leave for every 33 ordinary shifts worked as a seven-day
shift worker;
(c) subject to
subparagraph (d) of this paragraph, an employee will be paid for additional
leave at the annual leave rate of pay for the number of ordinary hours of work
for which the employee would have been rostered for duty during the period of
additional leave;
(d) where the
additional leave calculated under this subclause is or includes a fraction of a
day, the fraction will not form part of the leave period. Any fraction will be discharged by payment
only;
(e) in this
clause, reference to one week and one day includes holidays and non-working
days.
26.2.2 Where
an employee's employment is terminated and he or she is therefore entitled
under section 4 of the Annual Holidays
Act 1944 to payment in lieu of an annual leave with respect to a period of
employment, he or she is also entitled to an additional payment of three hours
at the annual leave rate of pay for each 21 shifts of service as a seven-day
shift worker which he or she worked during his or her period of employment.
26.3 Monday To
Saturday Shift Workers Who Are Regularly Rostered For Duty On Saturdays As
Ordinary Working Days
In addition to the annual holiday of four weeks
provided by section 3 of the Annual
Holidays Act 1944 for a year of employment, Monday to Saturday shift
workers who are regularly rostered for duty on Saturdays as ordinary working
days are entitled to the additional leave specified below:
26.3.1 For
every 13 Saturdays upon which an employee worked an ordinary shift as a Monday
to Saturday shift worker who is rostered for duty on Saturdays as ordinary
working days, he or she is entitled to one day additional leave for that year.
26.3.2 Where
the additional leave calculated under this subclause is or includes a fraction
of a day, the fraction will not form part of the leave period. Any fraction will be discharged by payment
only.
26.3.3 The
additional entitlements under this subclause will apply only to leave which
becomes fully due on or after 23 September 1980.
26.4 All Employees -
Annual Leave Loading
26.4.1 An
employee will be paid a loading of 20% for the period of his or her annual
leave, calculated on the less of:
(a) his or her
ordinary pay pursuant to the Annual Holidays
Act 1944 and, where applicable, his or her annual leave rate of pay
pursuant to this clause and clause 27, Days Added to the Period of Annual Leave
or Long Service Leave, of this award; or
(b) the sum of:
(i) the
employee’s award rate of pay for ordinary time at the commencement of his or
her annual leave as prescribed for the purpose of clause 6, Rates of Pay, of
this award; and
(ii) the
employee’s applicable bonus payable at the commencement of his or her annual
leave; and
(c) provided that
an employee who would have worked on shift work had he/she not been on annual
leave will be paid whichever is the greater of:
(i) the loading;
or
(ii) the shift
work allowances specified in clause 15, Shift Work Allowances for Shift
Workers, and the weekend penalty rates specified in clause 16, Saturday Rates
for Shift Workers, and (in respect of Sundays only) clause 18, Sunday and
Public Holiday Rates, of this award that would have been payable to the
employee in respect of ordinary time during his or her period of annual leave
had he or she not been on annual leave.
26.4.2 The
loading prescribed by this subclause will apply to payment in lieu of a fully
due annual holiday on termination of employment, but will not apply to
proportionate annual holiday payment on termination of employment.
27. Days Added to the
Period of Annual Leave Or Long Service Leave
27.1 Seven-day Shift
Workers
A seven-day shift worker under clause 17, Shift Workers
Whose Working Period Includes Sundays and Public Holidays as Ordinary Working
Days, of this award, is entitled to one added day of annual leave or long
service leave, if a public holiday prescribed in clause 23, Public Holidays, of
this award falls within the period of leave.
27.2 Rostered Off
Duty
An employee who is rostered off duty on a day which is
a public holiday prescribed by this award and who is not required to work on
that day will:
27.2.1 By
mutual consent, be paid, in the pay for the period in which the public holiday
falls, for the public holiday at the rate payable pursuant to clause 23, Public
Holidays; or
27.2.2 have
one day added to his or her annual leave period
This subclause does not apply when the public holiday
falls:
27.2.3 on a
Saturday or Sunday, except in the case of employees employed as seven-day shift
workers under clause 17, Shift Workers Whose Working Period Includes Sundays
and Public Holidays as Ordinary Working Days, of this award; or
27.2.4 on a
Sunday in the case of employees employed as Monday to Saturday shift workers
who are regularly rostered for duty on Saturdays as ordinary working days.
27.3 Rate for Added
Days
Any day or days added in the case of annual leave will
be paid for at the annual leave rate of pay.
Any day or days added in the case of long service leave will be paid at
the long service leave rate of pay.
27.4 Discharging
Added Days
Any day or days added in accordance with subclauses
27.1 or 27.2 of this clause will be the working day or working days immediately
following the period of annual leave to which the employees are entitled under
clause 26, Annual Leave, or clause 28, Long Service Leave of this award.
27.5 Definition of
Working Days
For the purposes of subclause 27.4 of this clause,
"working days" will be:
27.5.1 In
the case of an employee who, at the commencement of his or her period of annual
leave, was employed as a day worker - any day of the week including a day on
which employee concerned would have been rostered off duty if he or she were
not on annual leave or long service leave, but excluding a Saturday, a Sunday
or a public holiday prescribed by this award.
27.5.2 In
the case of an employee who, at the commencement of his or her period of annual
leave, was employed as a Monday to Saturday shift worker - any day of the week
other than a Sunday or a public holiday prescribed by this award, including a
day on which the employee concerned would have been rostered off duty if he or
she were not on annual leave or long service leave.
27.5.3 In
the case of an employee who, at the commencement of his or her period of annual
leave, was employed as a seven-day shift worker under clause 17, Shift Workers
Whose Working Period Includes Sundays and Public Holidays as Ordinary Working
Days - any day of the week, including a day on which the employee concerned
would have been rostered off duty if he or she were not on annual leave.
27.6 Termination
Payment
Where an employee’s employment has been terminated and he
or she becomes entitled, under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday
with respect to a period of employment, he or she is also entitled to an
additional payment for each day accrued to them under subclause 27.2 of this
clause at the annual leave rate of pay.
27.7 Seven-day Shift
Workers
An employee who is employed as a seven-day shift worker
who:
27.7.1 has
a day added to his or her annual leave pursuant to subclauses 27.1 and 27.2 of
this clause; and
27.7.2 such
a day falls on a public holiday prescribed by clause 23, Public Holidays, on
which the employee would have been rostered to work an ordinary shift were it
not for his or her entitlement to an added day,
will be paid for such day, in addition to his or her
entitlement under subclause 27.3 of this clause, at the rate prescribed by
subclause 23.1 of clause 23, Public Holidays of this award.
28. Long Service
Leave
28.1 For long
service leave provisions see the Long
Service Leave Act 1955.
28.2 Despite the Long Service Leave Act 1955, the award
rate element of ordinary pay for long service leave will be either:
28.2.1 the
rate determined in accordance with the Long
Service Leave Act 1955; or
28.2.2 the
rate applicable to the employee at the commencement of his or her long service
leave entitlement,
whichever is the greater.
28.3 An employee is
entitled to have all days which are prescribed as public holidays by clause 23,
Public Holidays, of this award treated as days appointed by the Governor as public
holidays for the purposes of the application to him or her of section 4 (4A) of
the Long Service Leave Act 1955.
29. Jury Service
29.1 An employee
required to attend jury service:
29.1.1 during
his or her ordinary working hours; or
29.1.2 immediately
following an ordinary night shift or immediately before an ordinary afternoon
shift on which the employee is rostered to work and, as a result of attending
for jury service, is not reasonably able to report for work on the night shift
or afternoon shift,
will be reimbursed by the Company the difference
between the amount paid to them by the Court for his or her attendance for jury
service and his or her ordinary time rate of pay and applicable bonus for the
period he or she would have worked had he or she not attended for jury service.
29.2 An employee
must notify the Company as soon as possible of the date upon which he or she is
required to attend for jury service.
29.3 An employee
must give the Company proof of his or her attendance, the duration of such
attendance, and the amount received from the Court in respect of the jury
service.
30. Compassionate
Leave
30.1 Entitlement
An employee, other than a casual employee, will be
entitled to up to two days' compassionate leave without deduction of pay, on
each occasion of the death of a person as prescribed in subclause 30.3 of this
clause. In addition to the
ordinary-time rate of pay, the employee will be paid the amount of over-award
or bonus he/she would have otherwise received during ordinary working hours.
30.2 An employee is
not entitled to compassionate leave if the period of leave coincides with any
other period of paid leave.
30.3 Compassionate
leave will be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (b) of paragraph 25.1.3 of subclause 25.1 of clause 25,
Personal/Carer's Leave, provided that, for the purpose of compassionate leave,
the employee need not have been responsible for the care of the person
concerned.
30.4 Compassionate
leave may be taken in conjunction with other leave available under subclauses
25.2, 25.3, 25.4, 25.5 and 25.6 of the said clause 25. In determining such a request, the Company
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
30.5 Notification
The employee must notify the Company as soon as
practicable of the intention to take compassionate leave and will provide to the
satisfaction of the employer proof of death.
31. Parental Leave
For parental leave provisions refer to Part 4, Parental
Leave, of Chapter 2, Employment, of the Industrial
Relations Act 1996, as amended from time to time.
DIVISION 6 -
EMPLOYMENT RELATIONSHIP
32. Contract of
Employment
32.1 Weekly
Employment
Employment will be on a weekly basis, subject as
provided for elsewhere in this award.
32.2 Probation
Employees will be on probation for the first three
months of his or her employment. Employment
will be on a daily basis at the weekly rate fixed and may be terminated for the
first week at a day's notice and subsequently may be terminated on one week's
notice, or by the payment in lieu or forfeiture of one week's wages, as the
case may be.
32.3 Termination
Subject to clause 32.2 of this clause, employment may
be terminated by one week's notice on either side, given at any time during the
week, or by the payment or forfeiture of one week's wages, as the case may
be. Where an employee has given notice,
or has been given notice by the Company, he or she will, upon request, be
granted leave of absence without pay for one day or shift during the period of
notice in order to look for alternative employment.
32.4 Performance of
Work
Employees must perform such work as the Company may,
from time to time, reasonably require.
An employee who does not perform or attend for his or her duty will lose
his or her pay for the actual time of non-attendance or non-performance, except
as provided by clause 24, Sick Leave.
32.5 Deduction of
Pay for Non-work
This clause does not affect the right of the Company to
deduct payment for any day during which an employee cannot be employed usefully
because of any strike, or through any breakdown of machinery, or due to any
cause for which the Company reasonably cannot be held responsible.
32.6 Stand Down
Despite the provisions of this clause, the Company has
the right to stand an employee down for refusal of duty, malingering,
inefficiency, neglect of duty or misconduct on the part of the employee. The Company may deduct payment for any day
or portion of a day during which the employee is stood down, subject to the
following:
32.6.1 Investigation
No employee may be stood down before an adequate
investigation of the circumstances of the alleged offence has been made or
before the employee has had an opportunity to state his or her case and present
witnesses to the facts. This does not
apply in the case of a group standing down.
32.6.2 Only
Superintendent May Stand Down
Only the employee’s superintendent may make a decision
as to the standing down of the employee when the superintendent is on duty.
32.6.3 Limited
Ability of Supervisor to Stand Down
The right of the employee's supervisor to stand down an
employee is limited to situations where the employee’s superintendent is not on
duty. The supervisor can only stand
down an employee for a period not exceeding the balance of the shift, and only
in cases where the employee refuses duty or where the supervisor reasonably is
of the opinion that the continued presence of the employee on the plant would
be likely to:
(a) constitute a
hazard either to that employee or to other employees, or to plant and
equipment; or
(b) interfere with
normal and orderly functioning of the Company's operations; or
(c) be prejudicial
to discipline.
32.6.4 Superintendent
Interview Following Supervisor Standing Down
Where a supervisor stands an employee down, the supervisor
will arrange for the employee to be interviewed by the superintendent not later
than the commencement of the employee's next rostered shift of duty or another
mutually arranged time. The
superintendent, after reviewing the case, must inform the employee of his or
her decision on the matter.
32.6.5 Appeal
An employee is entitled to appeal to the relevant
Company human resources representative for his or her department against any
decision of a superintendent. Despite
the appeal, the superintendent's decision takes effect pending the
determination of the appeal.
32.6.6 Working
in Other Departments
If an employee is working in a department other than
his or her normal department, the employee may be stood down by the appropriate
supervisor for that department, subject to the other parts of this clause.
32.6.7 Definition
of Superintendent
"Superintendent" includes:
(a) any officer
with authority higher than that of a superintendent;
(b) any officer
acting as a superintendent's deputy in the absence of a superintendent;
(c) in a
department where there is no officer with the title of superintendent, the
supervisor who is in charge and in his or her absence his or her deputy.
32.6.8 Definition
of Department
"Department" includes a section of the plant
called a "department" and any other separately administered section
of the plant.
32.6.9 Definition
of Group Standing Down
"Group standing down" means the standing down
of a group of not less than four employees who have refused duty or who have
committed misconduct whilst acting in concert.
32.7 Summary
Dismissal
This clause does not affect the right of the Company to
dismiss an employee without notice for refusal of duty, malingering,
inefficiency, neglect of duty or misconduct.
Where an employee is summarily dismissed, wages will be payable up to
the time of dismissal only, subject to the following:
32.7.1 Investigation
No employee may be dismissed without notice before an
adequate investigation of the circumstances of the alleged offence has been
made.
32.7.2 Only
Superintendent May Dismiss
Only the employee’s superintendent may make a decision
to dismiss the employee without notice.
32.7.3 Must
State Reasons for Dismissal
When a superintendent decides to dismiss an employee
without notice, the superintendent must give the employee the reasons for the
dismissal without notice.
32.7.4 Contesting
Dismissal
If immediately following a dismissal without notice the
dismissed employee, or the employee's delegate, tells the superintendent that
the dismissal will be contested:
(a) the dismissal
will take effect seven calendar days from the time that the employee was told
of his or her dismissal; and
(b) during these seven
calendar days, despite the provisions of subclause 32.6 of this clause, the
employee will be stood down without pay.
32.7.5 Definitions
The word "superintendent" has the same
meaning as in subclause 32.6.7 of this clause.
33. Requirements to Work
in Accordance With the Needs of the Industry
33.1 Overtime
For the purpose of meeting the needs of the industry,
the Company may require an employee to work reasonable overtime, including work
on a Sunday and a public holiday, at the rate prescribed by this award. Unless reasonable excuse exists, the
employee will work in accordance with this requirement.
33.2 Change of Shift
System
Subject to clause 20, Transfer of Day Workers from Day
Work to Shift Work, and clause 21, Transfer of Shift Workers, of this award,
for the purpose of meeting the needs of the industry the Company may require
any employee to transfer from one shift system to another shift system
prescribed by this award at the applicable rate. Unless reasonable cause exists, an employee will work in
accordance with this requirement.
34. Termination of
Employment Due to Retrenchment Or Redundancy
34.1 Retrenchment
34.1.1 Application
This subclause applies to collective dismissals by way
of retrenchment, whether made at the same time or over a period of time and
where the dismissals relate to circumstances affecting the Company's enterprise
and not to the conduct of the employees.
It does not apply to the termination of employment on account of the
introduction of mechanisation or technological change.
34.1.2 Informing
Unions and Employees Affected
The Company is obliged to inform the union parties to
this award, and the Company's employees who may be affected by any
retrenchments, of the facts and circumstances of the proposed retrenchments as
soon as the Company becomes aware that the retrenchments are necessary.
34.1.3 Notice
of Termination
Despite any other provision of this award, an employee
being dismissed will receive four weeks' written notice of dismissal, or four weeks'
pay in lieu of notice given.
34.1.4 Leave
to Seek Alternative Employment
If an employee is required to work out his or her four
weeks' notice, the employee is entitled to one day's leave with pay in each of
the four weeks to enable him or her to look for alternative employment.
34.1.5 Severance
Payment
An employee is entitled to a severance payment
whichever is the higher of:
(a) payments
prescribed under the Employment
Protection Act 1982 or any legislation which succeeds or replaces it; or
(b) the severance
payment prescribed below:
(i) Four weeks'
basic pay as defined; and
(ii) Payments
related to age and service, according to the following table:
Age at time of
|
Less than 6 months'
|
Benefits after 6
months'
|
termination
|
continuous service
|
continuous service
|
Under 55
|
No payment
|
1.25 weeks' basic pay
for each
|
|
|
year of continuous
service, or
|
|
|
part thereof on a pro
rata basis.
|
55 or older
|
No payment
|
1.5 weeks' basic pay
for each
|
|
|
year of continuous
service, or
|
|
|
part thereof on a pro
rata basis.
|
The scheme under subparagraph (b) of this paragraph has
a maximum payment of 26 weeks' pay.
A week's basic pay refers to the award wage, plus applicable
over-award or bonus. Basic pay does not
include shift work allowances, weekend penalties or overtime.
34.1.6 Less
than Six Months' Service Not Entitled
Employees retrenched who have less than six months'
continuous service are not entitled to severance pay under this subclause.
34.2 Mechanisation
or Technological Change
34.2.1 Application
This subclause applies despite the provision of clause
32, Contract of Employment, where, on account of the introduction or proposed introduction
by the Company of mechanisation or technological changes in the industry
covered by this award, the Company proposes to terminate the employment of an
employee.
34.2.2 Notice
of Termination
An employee covered by this subclause will be given
three months' notice of the termination of his or her employment. If the employment of an employee is
terminated and the Company fails to give such notice in full:
(a) The Company
will pay the employee at the ordinary rate of pay for the employee's classification
for a period equal to the difference between three months and the period of the
notice given; and
(b) The period of
notice required by this paragraph is deemed to be service with the Company for
the purpose of the Annual Holidays Act
1944 and the Long Service Leave Act
1955 or any Act amending or replacing either of those Acts.
34.2.3 Less
than 12 Months' Service Not Entitled
Employees who have less than 12 months' continuous
service are not covered by this subclause.
34.2.4 Dismissal
for Other Reasons Not Prejudiced
The right of the Company to dismiss an employee for
reasons specified in clause 32, Contract of Employment, is not prejudiced by
the fact that the employee has been given notice under this subclause of the
termination of his or her employment.
34.3 Notifications
34.3.1 Application
This subclause applies if the Company proposes to
introduce into the industry covered by this award mechanisation or
technological changes which will result in one or more employees becoming
redundant.
34.3.2 When
Notifications Must Be Given
At least six months before the introduction of
mechanisation or technological changes referred to in paragraph 34.3.1 of this
subclause, the Company shall give notifications in accordance with paragraph 34.3.3
and, if it is not practicable for the Company to give such notifications at
least six months before such introduction, then the Company shall give the
notifications as early as it is practicable for the Company to give them.
34.3.3 Whom
Notifications are to be Given To
The notifications to be given in accordance with
paragraph 34.3.2 of this subclause are notifications in writing to:
(a) the Industrial
Registrar;
(b) the Director
of the Vocational Guidance Bureau;
(c) the Director
of Technical and Further Training; and
(d) the state
secretaries of the relevant unions.
34.3.4 Content
of Notifications
The notifications to be given in accordance with
paragraph 34.3.2 of this subclause shall state:
(a) the number of
employees who may become redundant;
(b) the occupation
of these employees;
(c) the
approximate date when the employment of these employees is likely to terminate.
35.
Anti-Discrimination
35.1 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.
35.2 It follows
that, in fulfilling his or her obligations under the dispute resolution
procedure prescribed by clause 36 of 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.
35.3 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.
35.4 Nothing in this
clause is to be taken to affect:
35.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
35.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
35.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
35.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
35.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
36. Procedure for
Resolving Claims, Issues and Disputes
36.1 Introduction
The parties intend that the level of direct action in the
Company's operations, particularly strikes, be greatly reduced in order to
provide a basis for a reduction of the ordinary weekly hours of work in the
steel industry to 38 and to minimise contraction of the industry's operations.
To enable claims, issues and disputes to be progressed
while work proceeds normally, the following procedure will apply:
36.1.1 Departmental
Claims, Issues And Disputes
(a) Employee(s)
and/or delegate(s) of the union(s) involved will place the claim, issue or
dispute before the immediate supervisor.
The immediate supervisor will take all reasonable steps to reply to the
employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary
working shift, a progress report will be given.
(b) Failing
agreement, employee(s) and/or delegate(s) of the union(s) involved will place
the claim, issue or dispute before the superintendent or deputy. The superintendent or deputy will take all
reasonable steps to reply to the employee(s) and/or delegate(s) as soon as
possible. If a reply cannot be given by
the end of the superintendent's or deputy's next ordinary working day, a
progress report will be given.
(c) Failing
agreement, employee(s) and/or delegate(s) and/or official(s) of the union(s)
involved will place the claim, issue or dispute before the Company's Employee
Relations Department. The claim, issue
or dispute and all relevant circumstances relating to it will then be fully
reviewed by the management of the Company and by the union(s) involved and all
reasonable steps will be taken in an endeavour to resolve the matter.
(d) Failing
agreement, the claim, issue or dispute will be referred to the appropriate
industrial relations tribunal, if the union(s) wants to pursue it further.
(e) The above
procedures in subparagraphs (a) to (c) of this paragraph do not apply to
claims, issues or disputes relating to genuine safety matters. In such matters the Company will undertake
immediate investigations including discussions with the employee(s) and/or
delegate(s) and/or official(s) of the union(s) involved. As necessary the appropriate Government
authority will be involved.
36.1.2 General
Claims, Issues And Disputes
(a) The
official(s) and delegate(s) of the union(s) involved will place the claim,
issue or dispute before the Company's Employee Relations Department, which will
take all reasonable steps to reply as soon as possible.
(b) Failing
agreement, the claim, issue or dispute will be referred to the appropriate
industrial relations tribunal if the union(s) wants to pursue it further.
36.2 Other Rights
and Duties
The provisions of this clause will not affect in any
way any other rights and duties of any party to this award pursuant to the Industrial Relations Act 1996 or any other
Act or at common law in relation to any matter.
36.3 Review of
Procedure
The operation of this clause will be jointly reviewed
by the parties at regular intervals.
DIVISION 7 -
MISCELLANEOUS
37. Delegates
37.1 Recognition of
Delegates
37.1.1 The
Company will recognise an employee who is a delegate representing the employees
in a shop or department where he or she is employed. A delegate will be allowed the necessary time to interview the
employees for whom the delegate represents, the Company or its representatives,
during working hours, where there is a dispute affecting employees in his or
her shop or department.
37.1.2 The
Company will not be bound to recognise as a delegate any employee whom the
union concerned has sent written notification to the Company that it does not
recognise that employee as a delegate.
37.1.3 The
Company will, upon request, provide each recognised delegate with a suitable
locker for the purpose of storing relevant union material at the workplace.
37.2 Delegates' Training
37.2.1 The
Company recognises the unions' desire for delegates' training and will
cooperate with unions to facilitate release and pay ordinary wages to delegates
attending agreed courses in cases where:
(a) there is prior
consultation with the Company about the course and the ability to release
particular employees from the job;
(b) the course is
aimed at improving industrial relations and deals with relevant matters in a
positive and responsible manner;
(c) when
appropriate, there is an opportunity for Company participation in or
contribution to the course.
The Company will not unreasonably refuse to release
delegates to attend training courses that comply with subparagraphs (a), (b)
and (c) of this paragraph.
38. Apprentices
Where any provisions of this award, so far as they relate to
apprentices, are inconsistent with the provisions of this clause, the
provisions of this clause will, to the extent of the inconsistency, prevail.
38.1 Conditions of
Employment
The ordinary conditions of employment, including method
of payment, award holidays, hours and overtime, will be those contained in this
award, provided an apprentice whilst under 18 years of age will not be allowed
to work shift work, and an apprentice will not work shift work unless working
under the control of a tradesperson in the same trade. An apprentice will not be required to work
overtime during the first year of his or her apprenticeship unless he or she is
willing to do so.
38.2 Lost Time
The Company may deduct from the wages of an apprentice
amounts proportionate to the working time lost by the apprentice in any wage
period when suspended under the provisions of subclause 38.3 of this clause or
owing to his or her absence from the service of the Company, unless such
absence is caused by:
38.2.1 the
Company's fault;
38.2.2 illness
not exceeding one week in each year of service, duly certified by a qualified
medical practitioner;
38.2.3 the
occurrence of any public holiday prescribed by this award.
38.3 Disciplinary
Code
38.3.1 Apprentices
may be suspended by the Company without pay during such period of suspension
for the following reasons, and subject to the undermentioned limitations of
each suspension, viz:
Nature of Offence or Misdemeanour
Disobedience, Laziness, Bad Timekeeping, General
Misconduct, etc.
First Offence - The apprentice will be cautioned and
told that this caution will be noted on his or her history card.
Second Offence - The apprentice may be suspended for a period
not exceeding five working days (without pay).
Time lost by such suspension will be made up at the end of each year.
Third Offence - The apprentice may be suspended for a
period not exceeding ten working days (without pay). Time lost by such suspension will be made up at the end of each
year.
Following a suspension, the apprentice may be brought
before the Company's Internal Apprenticeship Authority which will admonish the
apprentice and advise them that his or her offence or misdemeanour, if persisted
in, may lead to cancellation of his or her indenture in accordance with Part 4
of the Industrial and Commercial Training
Act 1989.
Insolence, Wilful Disobedience, Wilful Damage to
Property, Neglect of Safety Precautions which may result in injury to themself
of fellow employees, Theft, Assault or Other Serious and Wilful Misconduct
First Offence - The apprentice may be instantly
suspended for a period not exceeding five working days (without pay). Time lost by such days' suspension will be
made up at the end of each year.
Second Offence - The apprentice may be instantly
suspended for a period not exceeding ten working days (without pay). Time lost by such suspension will be made up
at the end of each year.
Following a suspension, the apprentice may be brought
before the Company's Internal Apprenticeship Authority which will admonish the
apprentice. If such conduct is
persisted in, the apprentice may be suspended immediately and his or her
indenture may be cancelled in accordance with Part 4 of the Industrial and Commercial Training Act
1989.
38.3.2 When
the Company intends to suspend an apprentice, it will immediately so advise the
Commissioner for Vocational Training and the union or unions covering the
apprentice's trade.
38.3.3 When
the Company suspends an apprentice, the suspension will be effected by handing
or delivering to the apprentice a notice in writing specifying:
(a) particulars of
the offence alleged to have been committed;
(b) the period of
suspension;
(c) that future
misconduct may cause the Company to seek cancellation of the indenture;
(d) the address of
the Commissioner for Vocational Training; and
(e) that the
apprentice is entitled to apply to the Commissioner for Vocational Training at that
address, by letter, to have the suspension set aside.
38.3.4 The
Company will forward a copy of the notice to the Commissioner for Vocational
Training, the union or unions covering the apprentice's trade and to the parent
or guardian of the apprentice on the same day as the notice is handed or
delivered to the apprentice.
38.3.5 Any
purported suspension not effected in accordance with the above will be of no
effect.
38.3.6 Nothing
in this clause will affect the rights or obligations of any party to the
apprenticeship under the Industrial and
Commercial Training Act 1989.
38.4 Wages
38.4.1 The
minimum weekly rates of pay for apprentices are as set out in Table 3 -
Apprentices, of Part C - Monetary Rates - Restructured Classifications of this
award.
38.4.2 The
total wages of apprentices will be calculated to the nearest five cents, any
broken part of five cents in the result not exceeding half of five cents to be
disregarded.
38.4.3 An
employee who is under 21 years of age on the expiration of his or her
apprenticeship and subsequently works as a minor in the occupation to which he
or she has been apprenticed will be paid at not less than the adult rate
prescribed for that classification.
38.4.4 The
special rates provisions in this award will apply to apprentices in the trades
where tradespersons are paid these special rates.
38.4.5 Tool
Allowance - A tool allowance will be paid to apprentices as prescribed in Table
3 - Apprentices, of Part C - Monetary Rates - Restructured Classifications of
this award. The allowance will apply
for all purposes of the award.
38.4.6 Where
it was the practice as at 14 December 1979 for the Company to provide all tools
ordinarily required by an apprentice in the performance of his or her work, the
Company may continue that practice and in that event the allowance prescribed
in paragraph 38.4.5 of this subclause will not apply to such apprentices.
39. Department Work
Redesign Agreement
39.1 Departments
within the Company's operations may from time to time make Work Redesign
Agreements which include new rates of pay and conditions of employment for
employees covered by this award which differ from the provisions contained in
the Part A - General Conditions and Part C - Monetary Rates - Restructured
Classifications. A Work Redesign
Agreement will take effect when this award is varied to incorporate the
Agreement in Division 2 - Work Redesign Agreements of Part B - Agreements. Upon taking effect, the provisions of a Work
Redesign Agreement will prevail over provisions contained in Part A- General
Conditions and Part C - Monetary Rates - Restructured Classifications to the
extent of any inconsistency.
39.2 The rates of
pay contained in Part C - Monetary Rates - Restructured Classifications for
each Department's Work Redesign Agreement are inclusive of the adult basic wage
prescribed for the purposes of the Industrial
Relations Act 1996.
PART B
AGREEMENTS
DIVISION 1 -
GENERAL AGREEMENTS
40. Payment for
Training
40.1 Scope of
Agreement
This agreement applies to Company-authorised training
to allow employees to:
40.1.1 carry
out the full range of duties of his or her current classification; and/or
40.1.2 progress
within the appropriate Employee Job Development model,
provided that the employee’s attendance at authorised
training has been approved by supervision after consideration of the employee’s
and Company’s needs, including operational requirements. Any refusal by supervision to grant such approval
is subject to review under the established procedure for resolving industrial
claims, issues and disputes or other local arrangements.
This agreement does not apply to training which is
generally not associated with:
40.1.3 allowing
employees to carry out the full range of duties of his or her current
classification; and/or
40.1.4 the
appropriate Employee Job Development model,
such as occupational health and safety committee
training, trade union training, full-time training (e.g. apprentices) or
training such as that covered by the Approved Student and Cadet Schemes and
University Degrees.
So far as is reasonably practicable, having regard to
operational requirements and the need to minimise labour costs additional to
those of the employee’s paid ordinary hours, an employee’s training will be
done during the employee’s ordinary hours of work (including where appropriate
by rescheduling those hours).
40.2 Payments
Where with the approval of the Company an employee attends
training authorised by the Company, the employee’s attendance will be on the
following basis:
40.2.1 TAFE
and other externally provided training whether conducted on or off the plant:
(a) during
ordinary working hours - no deduction from the employee’s ordinary wages;
(b) outside
ordinary working hours - attendance and payment at single-time payment will be
approved in accordance with the needs of the authorised training. Generally this training will not exceed six
hours per week except that additional training may be approved and single-time
payment will be made if exceptional training requirements exist.
40.2.2 Other
classroom training:
(a) during
ordinary working hours - no deduction from the employee’s ordinary wage;
(b) outside
ordinary working hours - single-time payments.
40.2.3 Computer-aided
or computer-based training during ordinary working hours - no deduction from
the employee’s ordinary wage.
40.2.4 Computer-aided
or computer-based training outside ordinary working hours - single-time payment
for the time spent training up to the maximum of the course duration as
determined by the course designer or course coordinator. No payment will be made for time beyond that
duration. Any refusal of payment is
subject to review under the established procedure for resolving industrial
claims, issues and disputes or other local arrangements.
40.2.5 On-the-job
training:
(a) during
ordinary working hours - no deduction from the employee’s ordinary wage;
(b) outside
ordinary working hours - single-time payment for the employee’s initial
training period. However, once the
employee has completed the initial training period and commences experience
training, the appropriate award overtime rates of pay will apply.
For the purposes of this subparagraph:
"initial training" is the training which an
employee undertakes to the point where the employee’s supervision is satisfied
that the employee has acquired sufficient knowledge and understanding of a skill,
task or function to perform that skill, task or function; and
"experience training" is the training, if
applicable, following initial training during which an employee is gaining
experience in the skill, task or function which is required for the purpose of
accreditation.
40.3 Repeat Training
40.3.1. If
an employee fails to pass an accreditation stage:
(a) but has
genuinely applied him or herself to training (as determined by supervision),
supervision will authorise and pay the employee for additional training at a
mutually agreed time (which fits in with the employee’s departmental
requirements and does not disadvantage other employees);
(b) and has not
made a genuine effort (as determined by supervision), the employee will be
placed at the bottom of the training waiting list for that training
requirement. The employee will not be
paid for repeat training outside ordinary working hours and, unless
circumstances require a different approach, repeat training will not be
arranged during ordinary working hours.
40.3.2. Repeated
failure will result in counselling by supervision to determine a solution.
40.3.3. Any
disputes arising in relation to subparagraphs (a) and (b) of paragraphs 40.3.1
and to paragraph 40.3.2 of this subclause will be progressed through the
established procedure for resolving industrial claims, issues and disputes or
other local arrangements.
40.4 Refresher
Training
In the case of an employee who is undertaking
authorised refresher training (e.g. a forklift driver who has not driven a
forklift for five years), the employee will receive payment in accordance with
the appropriate payment for training provision in subclause 40.2 of this
clause.
40.5 Definitions
40.5.1. "ordinary
working hours" means:
the employee’s normal working hours in the case of a
day worker;
the employee’s rostered on shifts in the case of a
shift worker;
the employee’s rescheduled rostered on shifts in the
case of a shift worker whose shifts have been rescheduled for the purposes of
approved training.
40.5.2. "ordinary
wage" means the employee’s ordinary wage (including shift and weekend
premiums and any allowances but excluding disability allowances if these are
not experienced) and bonus. It is paid
for time spent in tuition, travelling and examination only.
40.5.3. "single-time
payment" means the employee’s ordinary award wage and bonus and excludes
shift and weekend premiums, overtime, special rates, etc. It is paid for the time spent in tuition and
examination only.
40.5.4. "classroom
training" means training conducted by a trainer, supervisor or other
suitably qualified person in any training centre, conference room, crib room or
office.
40.6 Miscellaneous
40.6.1. An
employee is training until he or she receive accreditation for the skills being
learned.
40.6.2. Where
an employee is required to travel from work, during ordinary working hours, to
attend TAFE or other externally provided training, or travel from training back
to work, the employee will be allowed up to 30 minutes travelling time. This travelling time will be paid at the
employee’s ordinary wage. If the
travelling time is outside the employee’s ordinary working hours, no payment
will be made.
40.6.3. Employees
will not be expected to work excessive hours and attend at the same time (i.e.
an employee will not be expected to work and train on sequence of doublers).
40.7 Exceptions to
subclause 40.2 of this clause
40.7.1. If
an employee is required to attend authorised training outside ordinary working
hours on a Saturday, Sunday, Public Holiday or rostered day off, the employee
will be entitled to the appropriate penalty payments or, by agreement, time off
in lieu.
For the purposes of this paragraph:
(a) "appropriate
penalty payments" means the appropriate award overtime payments;
(b) shift
allowance is not paid on any shift; and
(c) "time off
in lieu" is equal time, not penalty time (e.g. if an employee trains for
eight hours on Saturday and it is agreed that the employee has time off in
lieu, the employee has eight hours off work).
40.7.2. Employees
attending authorised training on compulsory "ring roster days" or
"21st shifts" will be paid according to his or her roster (i.e.
overtime rates).
40.7.3. Employees
asked to remain at work or attend work outside his or her ordinary working
hours for the purpose of performing work will be paid overtime. If, during such work, training is carried
out (e.g. during a mechanical breakdown), the employee will continue to be paid
overtime for the training period.
40.7.4. No
payment will be made for:
(a) time spent in
personal study and/or private tuition;
(b) time spent
enrolling in authorised external courses (e.g. TAFE);
(c) time spent in
preparation of assignments;
(d) waiting time
between courses;
(e) time spent on
text-based self-guided learning.
40.8 Payment of
Course Fees
Unless an employee has failed to complete training
through insufficient effort or application, the Company will reimburse to the
employee the cost of any authorised training fees associated with authorised
training. Textbooks and other material
associated with the training will be paid by the employee.
40.9 Award
Provisions
The provisions in this award covering transfer of day
workers to shift work, transfer of shift workers and transportation home from
the plant when reasonable means of transport are not available will apply to
employees required to train.
41. Lump Sum Payment
Scheme
41.1 Purpose of the
Agreement
This clause provides for a quarterly Performance
Recognition Payment directly related to business performance improvement
measured against performance indicators.
The purpose of the agreement is to:
41.1.1 Reinforce
commitment to the understandings set out in Port Kembla Steelworks Steel
Industry Agreements, to work to ensure a viable steel-making industry at Port
Kembla.
41.1.2 Assist
in achieving the Company's critical business objectives. In this regard the parties commit themselves
to co-operating in measures to achieve and maintain a world class steelworks.
41.1.3 Recognise
the contribution of employees to improved performance when this has occurred.
41.2 Payment
Performance recognition payments at the end of each
quarter will be made to all employees of the Company on the payroll at the end
of that quarter for which the payment is made, except: employees off work on
non-accident pay workers' compensation.
This performance recognition payment will be calculated as a percentage
of total gross earnings, as defined.
Employees who leave the Company during the period will
not be eligible for payment.
41.3 Principles of
Payments System
The terms of the performance improvement recognition
payments system are:
41.3.1 In
addition to other payments, there will be a quarterly performance recognition
payment directly related to reasonably achievable business performance
improvements measured against the agreed performance indicator.
The agreed performance indicator at Port Kembla
Steelworks will be determined by the Company following consultation with the
unions who are party to this award.
41.3.2 The
performance recognition payments will be paid at the end of each quarter and
will be calculated as a percentage of total gross earnings.
For this purpose, total gross earnings does not include
payments in respect of absences on workers' compensation by employees not in
receipt of accident pay or termination payments or performance recognition
payments paid during the quarter but related to a previous quarter.
41.3.3 The
percentage of total gross earnings to be paid will be determined by reference
to the actual performance measured against the 4.5% target performance
indicator.
41.3.4 On achievement
of the agreed performance targets, 4.5% of total gross earnings as defined for
the purpose of the Scheme, with payments varying above and below this amount
possible depending on performance.
The maximum quarterly payment to be made under this Scheme
will not exceed 5.5% of gross earnings.
41.3.5 Payments
will be included in the direct deposit and (itemised separately) on the pay
docket of the first administratively convenient pay fortnight following the end
of a quarter. Payments will be taxed at
the individual's appropriate marginal rate in the pay fortnight in which the
payment is made. The payments,
including tax deductions, will be included in each employee's Group
Certificate.
41.4 Required
Actions
The parties acknowledge that the continued viability of
the Port Kembla Steelworks is dependent upon the parties agreeing to work
towards taking continual steps to reduce total costs of sales, increasing prime
product tonnes invoiced and promoting adherence to agreed dispute settling
procedures.
41.5 The Company
will, during the nominal term of this award, apply payments based on those
payable to the Port Kembla Steelworks employees generally. After the nominal term, lump sum payments
based on this scheme will not apply.
The parties will develop a business performance scheme specific to
Illawarra Services Pty Ltd to be implemented after the nominal term of this
award.
42. No 2 Blower
Station Work Redesign Agreement
(deleted - not
relevant)
43. Blast Furnace
Team Work Redesign Agreement
(deleted - not
relevant)
44. Temper Mills Work
Redesign Agreement
(deleted - not
relevant)
45. Raw Materials
Handling Work Redesign Agreement
(deleted - not
relevant)
PART C
MONETARY RATES - RESTRUCTURED CLASSIFICATIONS
Table 1 - Restructured Ironworker Rates of Pay
|
Annualised Base
Salary
|
|
(on or after 6
December 2001)
|
|
$
|
Coal Washer Operator Entry
|
30,747.60
|
Coal Washery Operator 1
|
35,053.20
|
Coal Washery Operator 2
|
37,060.40
|
Coal Washery Operator 3
|
38,792.00
|
Coal Washery Operator 4
|
41,126.80
|
Coal Washery Operator 5
|
43,383.60
|
Coal Washery Operator 6
|
44,714.80
|
Truck Compound Operator 1
|
30,747.60
|
Truck Compound Operator 2
|
35,770.80
|
Truck Compound Operator 3
|
37,741.60
|
Table 2 - Graded Trades Rates of Pay
|
Annualised Base
Salary
|
|
(on or after 6
December 2001)
|
|
$
|
1. Electrical Trades
|
|
(inclusive of tool allowance of $10.80 per 38 hour week)
|
|
Electrical Tradesperson (E)
|
|
Base Level
|
40,799.20
|
Level 1
|
42,291.60
|
Level 2
|
43,664.40
|
Level 3
|
45,567.60
|
Level 4
|
47,044.40
|
Level 5
|
47,918.00
|
Level 6
|
50,070.08
|
2. Mechanical Trades
|
|
(inclusive of tool allowance of $10.80 per 38 hour week)
|
|
Graded Tradesperson (M)
|
|
Base Level
|
39,993.20
|
Level 1
|
41,444.00
|
Level 2
|
42,759.60
|
Level 3
|
44,621.20
|
Level 4
|
46,051.20
|
Level 5
|
46,878.00
|
Level 6
|
48,947.60
|
Table 3 - Apprentices
|
Rate of Pay per
38-hour week
|
|
on or after 8 April
2001
|
|
$
|
1. Four Year Term
|
Rate of Pay
|
Tool Allowance
|
Apprentice 1st Year
|
231.90
|
4.30
|
Apprentice 2nd Year
|
299.50
|
5.60
|
Apprentice 3rd Year
|
398.70
|
7.65
|
Apprentice 4th Year
|
457.30
|
9.00
|
2. Three Year Term
|
Rate of Pay
|
Tool Allowance
|
Apprentice 1st Year
|
265.50
|
4.90
|
Apprentice 2nd Year
|
398.70
|
7.65
|
Apprentice 3rd Year
|
457.30
|
9.00
|
Table 4 - Other Rates and Allowances
Item
|
Clause
|
Brief Description
|
Amount
|
No.
|
No.
|
|
$
|
|
8
|
Special Rates
|
|
3
|
8.1.3
|
Electrical Trades Licences:
|
Per 38-hour week
|
|
|
Qualified Supervisor’s Certificate (Electrician)
|
26.00
|
|
|
Allowance
|
|
|
|
Certificate of Registration (Electrician) Allowance
|
14.00
|
4
|
8.1.4
|
Scaffolder’s Licence:
|
Per 38-hour week
|
|
|
Certificate of Competency as a Scaffolder:
|
|
|
|
Class 1 or 2
|
7.10
|
|
|
Class 3 or 4
|
4.00
|
|
8.2
|
Plumbers -
|
Per hour
|
5
|
8.2.1
|
Licences:
|
|
|
|
1. Plumber’s licence
|
0.66
|
|
|
2. Gasfitter’s licence
|
0.66
|
|
|
3. Drainer’s licence
|
0.56
|
|
|
4. Plumber’s and gasfitter’s licence
|
0.90
|
|
|
5. Plumber’s and drainer’s licence
|
0.90
|
|
|
6. Gasfitter’s and drainer’s licence
|
0.90
|
|
|
7. Plumber’s and gasfitter’s and drainer’s licence
|
1.26
|
6
|
8.2.2
|
Certificate of Registration Allowance
|
0.53
|
|
9
|
General Disability Rates
|
|
7
|
9.1.1
|
Hot Places:
|
Per hour
|
|
|
Electrical and mechanical tradespersons and
|
|
|
|
maintenance non-trades employees -
|
|
|
|
Temperature raised artificially to between 46 and
|
|
|
|
54 degree Celsius
|
0.38
|
|
|
Temperature exceeds 54 degrees Celsius
|
0.48
|
8
|
9.1.2
|
Hot Work:
|
Per hour
|
|
|
Temperatures raised by artificial means to above
|
|
|
|
49 degrees Celsius
|
0.38
|
9
|
9.1.3
|
Wet Work:
|
Per hour
|
|
|
Mechanical tradespersons and maintenance
|
|
|
|
non-trades employees
|
0.38
|
10
|
9.1.4
|
Dirty Work:
|
Per hour
|
|
|
Mechanical and electrical tradespersons and
|
|
|
|
maintenance non-trades employees engaged in
|
|
|
|
work other than ship repair work
|
0.38
|
|
|
Ship Repair Work
|
0.48
|
11
|
9.1.5
|
Restrictive Spaces:
|
Per hour
|
|
|
Mechanical and electrical tradespersons and
|
|
|
|
maintenance non-trades employees
|
0.48
|
12
|
9.1.6
|
High Places:
|
Per hour
|
|
|
Electrical and mechanical tradespersons and
|
|
|
|
maintenance non-trades other than riggers and splicers
|
0.28
|
13
|
9.1.7
|
Oil Tanks:
|
Per hour
|
|
|
Mechanical tradespersons and
|
|
|
|
maintenance non-trades employees
|
0.38
|
14
|
9.1.8
|
Explosive Powered Tools:
|
Per hour
|
|
|
All employees
|
0.13
|
|
|
Minimum payment
|
0.97
|
15
|
9.1.9
|
Slag Wool:
|
0.48 per hour
|
|
9.3
|
Electrical Tradespersons -
|
|
21
|
9.3.1
|
Toxic Substances:
|
Per hour
|
|
|
Quantities of 0.5 kg or over
|
0.49
|
22
|
|
Working in close proximity to
|
0.42
|
|
9.5
|
Other Employees -
|
|
|
9.5.1
|
Applying Obnoxious Substances:
|
Per hour
|
26
|
|
Preparation and/or application of epoxy-based
|
|
|
|
materials or like substances
|
0.48
|
27
|
|
Applying such epoxy-based substances when the
|
|
|
|
air-conditioning plant is not operating
|
0.30
|
28
|
|
Working in close proximity to employees so engaged
|
0.41
|
30
|
9.5.3
|
Spray Painting:
|
Per hour
|
|
|
Tradespersons and brush hand painters spray painting
|
|
|
|
in a booth not approved by Government authority
|
0.42
|
|
15
|
Shift Work Allowances for Shift Workers
|
From first
|
From first
|
|
|
|
pay period
|
pay period
|
|
|
|
commencing
|
commencing
|
|
|
|
on or after
|
on or after
|
|
|
|
7 June 2000
|
8 April 2001
|
31
|
15.1.1
|
Shift workers whilst working rotating shifts
|
56.80
|
59.10
|
|
|
|
per 38-hour
|
per 38-hour
|
|
|
|
week
|
week
|
32
|
15.1.1
|
When at least one third of working time in the
|
37.90
|
39.40
|
|
(a)
|
full cycle of the roster is not on day shift
|
per 38-hour
|
per 38-hour
|
|
|
|
week
|
week
|
33
|
15.1.2
|
Rotating shift worker when engaged under a roster
|
|
|
|
|
system which does not provide for at least one-third of
|
|
|
|
|
working time in the full cycle of the roster on day shift
|
|
|
|
|
(a) day shift, night shift
|
56.80
|
59.10
|
|
|
|
per 38 hour
|
per 38-hour
|
|
|
|
week
|
week
|
|
|
(b) day shift, afternoon shift
|
48.40
|
50.30
|
|
|
|
per 38-hour
|
per 38 hour
|
|
|
|
week
|
week
|
|
|
(c) day shift, day shift, afternoon shift
|
48.40
|
50.30
|
|
|
|
per 38-hour
|
per 38-hour
|
|
|
|
week
|
week
|
|
|
(d) day shift, day shift, night shift
|
48.40
|
50.30
|
|
|
|
per 38-hour
|
per 38-hour
|
|
|
|
week
|
week
|
34
|
15.1.3
|
Shift workers working shift work on shift systems
|
|
|
|
|
as follows:
|
|
|
|
|
(a) night shift, afternoon shift
|
75.70
|
78.70
|
|
|
|
per 38-hour
|
per 38-hour
|
|
|
|
week
|
week
|
|
|
(b) night shift only
|
75.70
|
$78.70
|
|
|
|
per 38-hour
|
per 38-hour
|
|
|
|
week
|
week
|
|
|
(c) afternoon shift only
|
75.70
|
78.70
|
|
|
|
per 38-hour
|
per 38-hour
|
|
|
|
week
|
week
|
35
|
15.1.4
|
Shift workers who work any afternoon shift or night shift
|
|
|
|
|
other than under 15.1.1, 15.1.2 and 15.1.3 above and not
|
22.80 per
|
23.70 per
|
|
|
paid in respect of any day shift worked
|
shift
|
shift
|
36
|
22.3.4,
|
|
|
|
22.3.5
|
Overtime, meal allowance
|
7.60 per meal
|
|
(b)
|
|
|
|
and
|
|
|
|
22.3.6
|
|
|
Table 4 - Annualised Salary Rates of Pay
(deleted - not
relevant)
Table 5 - Unanderra Coil Processing
(deleted - not
relevant)
Table 6 - Port Kembla Transport Facility
(deleted - not
relevant)
PART D
APPENDIX - UNRESTRICTED CLASSIFICATION
(deleted - not
relevant)
P. J. CONNOR, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.