PASMINCO BROKEN HILL MINE REDUNDANCY AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Applications by Construction,
Forestry, Mining and Energy Union (New South Wales Branch), industrial
organisation of employees.
(Nos. IRC 2772 of 2000 and 742 of 2001)
Before Mr Deputy
President Sams
|
11 September 2001
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Incidence and
Application
4. Definitions
5. Redundancy
Benefit
6. Dispute Settling
Procedure
2. Title
This award shall be known as the "Pasminco Broken Hill
Mine Redundancy Award 2001".
3. Incidence and
Application
This Award shall take effect on and from 11 September 2001
and shall remain in force for a period of three years thereafter.
In addition to the above, this Award shall also apply in
relation to employees whose employment with the employer has been terminated by
reason of redundancy since 14 February 2001.
This Award applies in respect of the employer’s operations
at its mining leases in and around the vicinity of Broken Hill, including
Potosi.
4. Definitions
In this Award, unless otherwise stated or implied, the
following words shall have the following meanings:
"Employee" means a mineworker, mill operator,
tradesman and/or apprentice employed by the employer in connection with the
employer’s operations at its mining leases in and around the vicinity of Broken
Hill including Potosi, but does not include single status employees and/or
salaried staff.
"The employer" means any or all of the following:
Pasminco Limited (ACN 004 368 674)
Pasminco Australia Limited (ACN 004 074 962) and
Pasminco Broken Hill Mine Pty Ltd (ACN 000 005 774) both trading as Pasminco
Broken Hill Mine.
Pasminco Cockle Creek Smelter Pty Ltd (ACN 000 083 670)
"The union" means the Construction, Forestry,
Mining and Energy Union (New South Wales Branch).
5. Redundancy Benefit
5.1 The benefits
provided herein are in addition to all other redundancy benefits payable under
any act, agreement, award, trust deed or custom and practice, including but not
limited to benefits on redundancy contained in the Broken Hill Mine’s Pension
Fund Trust Deed and the current redundancy/retrenchment notice period benefit.
5.2 An employee
whose employment is terminated as a result of redundancy, whether voluntary or
compulsory, and whether because of economic, technological, structural or other
like reasons, shall receive from the employer a redundancy benefit calculated
as follows:
(a) One week’s pay
for each completed year of service, provided that the employer shall not be
required to pay any employee an amount greater than the equivalent of twenty
weeks pay in total.
(b) For employees
over the age of 45 years at the date of termination, 1.25 weeks’ pay for each
completed year of service, provided that the employer shall not be required to
pay any employee an amount greater than the equivalent of twenty weeks pay in
total.
5.3 For the
purposes of this clause, "Weeks pay" shall mean the sum of one week’s
Ordinary Time Earnings applicable to an employee’s classification and the Lead
Bonus payable in respect of one week’s work.
6. Dispute Settling
Procedure
In the event of any dispute between the parties as to the
application or operation of this Award, the following procedure shall apply:
6.1 In the first
instance, the employer and union shall attempt to settle the matter through
discussions at site level. If the matter remains unresolved:
6.2 The parties
may convene discussions between national level officers of the employer and
union. If the matter remains unresolved:
6.3 The matter may
be referred by either party to the New South Wales Industrial Relations
Commission for resolution of the matter either by conciliation or, if
necessary, by arbitration.
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.