UNIMIN AUSTRALIA LIMITED - ATTUNGA (NSW) ENTERPRISE AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Unimin Australia Limited - Attunga (NSW).

 

(No. IRC 101 of 2005)

 

 

AWARD

 

PART A

 

1.  Title

 

This award shall be known as the Unimin Australia Limited - Attunga (NSW) Enterprise Award 2004.

 

2.  Arrangement

 

Clause No.      Subject Matter

 

1.         Title

2.         Arrangement

3.         Parties Bound

4.         Commencement Date and Period of Operation of Award

5.         Hours of Work - Day Shift

6.         Hours of Work - Shift

7.         Overtime

8.         Call Out and Stand By

9.         Wages and Allowances

10.       Meal Breaks

11.       Contract of Employment

12.       Redundancy

12A.    Transmission of Business

13.       Grievance Procedure

14.       Payment of Wages

15.       Public Holidays

16.       Relief Shift Operator

17.       Consultation

18.       Amenities

19.       Accident Pay

20.       Training

21.       Safety and Productivity Committee

22.       Daylight Saving

23.       Superannuation

24.       Jury Service

25.       Annual Leave

26.       Annual Leave Loading

27.       Sick Leave

28.       Long Service Leave

29.       Personal/Carer’s Leave

30.       Bereavement Leave

31.       Parental Leave

32.       Anti-Discrimination

33.       Classifications

34.       Signatories

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

3.  Parties Bound

 

This award shall be known as the Unimin Australia Limited - Attunga (NSW) Enterprise Award 2004 and shall apply at Unimin Australia (NSW) Limited, Garthowen Road, Attunga NSW 2345 and shall be binding upon:

 

(a)        Unimin Australia Limited ("UAL" hereafter);

 

(b)        Employees of UAL, whether members of the relevant union or not, who are employed by UAL in the classifications set out in Part B of this award;

 

(c)        The Australian Workers' Union, New South Wales;

 

4.  Commencement Date and Period of Operation of Award

 

(a)        This award rescinds and replaces the David Mitchell (NSW) Pty Ltd (State) Enterprise Award 2001 published 12 July 2002 (335 I.G.108). It shall take effect on and from 8 February 2005 and remain in force for a period of three years. Retrospective application of monetary rates shall apply from 30 September 2004 as approved by the Industrial Relations Commission of NSW on 8 February 2005 (IRC. 101 of 2005).

 

5.  Hours of Work - Day Work

 

(a)        Ordinary hours shall be up to 12 hours per day, provided that in excess of eight ordinary hours may be worked only where UAL and the majority of employees in the site or section agree, and where it is safe to do so.

 

(b)        UAL can, on one week’s notice, change the arrangement for working a 38-hour week. Arrangements for working 38 hours per week - ordinary hours shall average 38 per week and shall be arranged in accordance with any of the following methods:

 

(i)         By employees working less than eight ordinary hours each day; or

 

(ii)        By employees working less than eight ordinary hours on one or more days of each week; or

 

(iii)       By fixing one weekday on which all employees will be off during a particular work cycle; or

 

(iv)       By rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle; or

 

(v)        Such other method as suits the business by agreement between UAL and majority of employees in the site or section; or

 

(vi)       The day of a Rostered Day Off (RDO) may be altered by agreement between UAL and the employee or by either party giving one week’s notice.

 

(c)        The ordinary hours of work shall be worked Monday to Friday between 6.00 a.m. and 6.00 p.m., provided that this spread of hours may be altered by agreement between UAL and the majority of employees in the site or section.

 

(d)        Overtime rates are payable where work is done outside the agreed spread of hours. However, those hours which are worked at overtime rates will be counted as ordinary hours if the total hours worked for the day would otherwise be less than eight.

 

(e)        UAL shall be entitled to fix the start and finish times for each site or section within the spread of hours agreed in subclause (c) of this clause and to alter them either by mutual consent or by giving employees one week’s notice.

 

6.  Hours of Work - Shift Work

 

(a)        Definition

 

For the purposes of this clause:

 

"Afternoon Shift" means any shift finishing after 6 pm and at or before midnight.

 

"Continuous Work" means work carried out on consecutive shifts of persons throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of UAL.

 

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

(b)        Requirement

 

All employees are engaged on the basis that they may be required to work shifts either permanently or on relief.

 

(c)        Allowance

 

Employees required to perform work on afternoon or night shifts shall be paid a shift allowance of 15% on their ordinary hour rate.

 

(d)

 

(i)         Continuous Work

 

This subclause shall apply to shift workers on continuous work as defined. The ordinary working hours of shift workers shall average 38 per week inclusive of crib time as follows:

 

(A)      38 hours within a period not exceeding seven consecutive days; or

 

(B)       76 hours within a period not exceeding 14 consecutive days; or

 

(C)       114 hours within a period not exceeding 21 consecutive days; or

 

(D)       152 hours within a period not exceeding 28 consecutive days.

 

Shifts shall be eight hours per day, provided that shifts up to 12 ordinary hours may be worked in special circumstances where UAL and the majority of employees in the site or section agree.

 

(ii)        Other than Continuous Work

 

This subclause shall apply to shift workers who are not engaged on continuous work as defined. The ordinary working hours of shift workers shall average 38 hour per week inclusive of crib time, as follows:

 

(A)      38 hours within a period not exceeding seven consecutive days; or

 

(B)       76 hours within a period not exceeding 14 consecutive days; or

 

(C)       114 hours within a period not exceeding 21 consecutive days; or

 

(D)       152 hours within a period not exceeding 28 consecutive days.

 

Shifts shall be eight hours per day, provided that shifts of up to 12 ordinary hours may be worked in special circumstances where UAL and the majority of employees in the site or section agree.

 

(e)        Rostered Day Off

 

These shall be organised according to a roster.

 

(f)         Crib Time - 20 minutes crib time shall be allowed to shift workers for every five hours they work and shall be paid as time worked. These breaks will normally occur between the fourth and fifth hour of the shift subject to the break being taken on the job at a convenient time by agreement with UAL as to avoid the necessity for a stoppage of operations in the establishment and may be staggered in regard to any sections thereof.

 

(g)        Changeover - Employees (except night shift operators) shall be required to remain on shift until relieved. Employees should take whatever action necessary to arrange relief. If employees are unable to attend a shift or will be delayed, they must contact the person they are due to relieve. Any time worked in excess of the ordinary hours shall be paid at overtime rates. All overtime shall consider OHS and, in any event, no employees shall be required to work more than 16 hours consecutively.

 

(h)        Continuous Work on Saturday, Sunday and Holidays

 

(i)         performed on Saturdays as part of the normal roster shall be paid at time and a half for all ordinary hours worked.

 

(ii)        performed on Sundays as part of the normal roster shall be paid at double time for all hours worked.

 

(iii)       performed on public holidays as part of the normal roster shall be paid at double time and a half for all hours worked.

 

These rates are calculated by including the disability allowance in the ordinary rate, overtime rate and penalty rate. Shift allowances shall be applied to the ordinary hours worked on Saturday, Sunday & Public Holidays and shall be paid at the ordinary rate. Shift allowance calculations do not include the disability allowance, overtime rate or penalty rate in the rate calculation.

 

(i)         Roster - UAL shall be entitled to fix the shift rosters for each site or section and alter them by mutual consent or by giving employees one week’s notice.

 

(j)         Swapping Shifts - Employees may swap shifts by private arrangement between each other, provided that:

 

(i)         both employees obtain their supervisor’s approval;

 

(ii)        time records show the employee who actually worked the shift and the employee who was rostered to work the shift; and

 

(iii)       UAL will pay the rostered employee as if the shift had been worked.

 

7.  Overtime

 

(a)        All time worked in excess of the usual daily ordinary hours shall be overtime.

 

(b)        All time worked outside the spread of hours shall be paid at overtime rates.

 

(c)        On each day overtime is worked, overtime shall be paid at time and a half for the first two hours and double time thereafter, except on Sundays when all overtime shall be paid at double time and public holidays when all overtime shall be paid at double time and a half.

 

(d)        Overtime is not payable when arranged between the employees themselves. All overtime must be approved by UAL, or its nominated representative.

 

(e)        All employees other than Continuous Work employees who are required to work overtime on a Sunday shall be paid double time, with a minimum payment of four hours' pay if work is performed on the Sunday.

 

(f)         All employees other than Continuous Work employees who are required to work overtime on a public holiday shall be paid double time and a half, with a minimum payment of four hours' pay if work is performed on the public holiday.

 

(g)        Employees who are rostered to work overtime and cannot attend must notify UAL as soon as possible.

 

(h)        Employees may be required to work reasonable overtime as directed by UAL.

 

(i)         Shift Workers - For all time worked in excess of, or outside the ordinary working hour prescribed by this award, or on a shift other than a rostered shift, shall:

 

(i)         If employed on continuous work, be paid at the rate of double time; or

 

(ii)        If employed on shiftwork other than continuous work, at the rate of time and one half for the first two hours and double time thereafter, except in each case where the time is worked:

 

(A)      by agreement between the employees themselves;

 

(B)       for the purpose of effecting the customary rotation of shifts;

 

(C)       due to non-arrival or late arrival of the relief operator.

 

(j)         Overtime is not payable for the purpose of effecting the customary rotation of shifts.

 

(k)        When four hours of overtime is required to be worked on a Saturday, Sunday or Public Holiday, it shall be worked as consecutive hours and without meal or crib breaks.

 

(l)         Time off in lieu of overtime

 

An employee may elect, with the consent of UAL, to take time off in lieu of payment for overtime at a time to be agreed with UAL.

 

Overtime taken as time off shall be taken at the ordinary time rate, that is, an hour for each hour worked.

 

UAL shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under subclause (a) of this clause where such time has not been taken within four weeks of accrual.

 

8.  Call Out and Stand By

 

(a)        Employees who are called out after having completed their day's work shall be paid for not less than four hours at the appropriate overtime rate specified in subclause (c) of clause 7, Overtime.

 

(b)        Employees who are called out can be allocated other work which may be required to be done by UAL.

 

(c)        Employees who are rostered on to stand by on weekends or public holidays shall be paid four hours at the appropriate overtime rate for each day (either Saturday, Sunday or the public holiday) they are rostered on to stand by for the inconvenience incurred. Employees who are on stand by must be available to work when they are called. This payment shall include the first four hours of any call out on each day they are standing by.

 

9.  Wages and Allowances

 

(a)        Wages and allowances shall be paid as set out in Table 1 - Wages and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

An operator with six months experience is required to be competent to operate all equipment in quarrying and processing and shall hold licences to operate at least one of the following pieces of equipment:

 

Front End Loader, Fork Lift, Excavator

 

(b)        Juniors

 

Juniors shall be paid a percentage of the adult rate for the appropriate classification as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(c)        Disability Allowance

 

In addition to the wage rates prescribed in this clause, a disability allowance as set out in Item 2 of Table 2 shall apply to all employees. This payment is made to compensate for all disabilities experienced in quarrying, kiln and crushing operations and is in lieu of any payment for working in wet places or in the rain. This allowance shall be paid for all purposes.

 

(d)        Leading Hands

 

An employee appointed as such shall be paid an amount as set out in Item 3 of Table 2 for all purposes of the award, in recognition of the additional supervisory responsibilities undertaken.

 

(e)        First-Aid

 

UAL will ensure that an adequate number of employees are trained in first-aid procedures. An employee appointed by UAL to perform first-aid duties and who is the holder of a recognised first-aid certificate shall be paid an amount as set out in Item 4 of Table 2. This employee is also responsible for ensuring that the first-aid kits are properly stocked.

 

(f)         Special Licence

 

Each quarry operated by UAL is required to nominate a Mine Manager under the Mines Inspection Act 1901. The Mine Manager may also have a delegate who is required to hold a licence or Certificate of Competency in accordance with the same Act. Where this delegate is also an employee within the scope of this award, that employee shall be paid an allowance as set out in Item 5 of Table 2 in recognition of those extra responsibilities.

 

(g)        Tool Allowance

 

Tradesmen who are required to supply their own hand tools will be paid an allowance as set out in Item 6 of Table 2 to maintain their tools at the required standard.

 

(h)        Licences

 

UAL will reimburse the cost of all licences or certificates which employees are required to hold in the course of their employment.

 

(i)         Meal Allowances

 

An employee who is required to work overtime for a period in excess of two hours after the usual finishing time shall be paid an amount as set out in Item 7 of Table 2, or be provided with a meal. This subclause shall not apply to any employees who have been notified on the previous day that they shall be required to work overtime. If employees are notified on the previous day that they are required to work overtime, and have provided themselves with a meal and the overtime is cancelled, they shall be paid the allowance anyway.

 

(j)         Bagging Incentive Allowance

 

A bagging incentive allowance of an amount per pallet of saleable product, as set out in Item 8 of Table 2, shall be paid to employees subject to the requirements as set out below:

 

(i)         The decision to bag product shall be entirely that of management.

 

(ii)        The pallets shall be shrink-wrapped (where appropriate).

 

(iii)       The bags shall be stacked in a clean and tidy state.

 

(iv)       No partly completed pallets shall be counted for the purpose of payment.

 

(v)        Normal duties and housekeeping are given priority by employees engaged in bagging.

 

(vi)       The pallet tally each shift is to be recorded on time sheets by employees.

 

(vii)      The bonus shall not apply on bulk bags or other product.

 

(k)        Employees Engaged Prior to 30 September 2001

 

Employees engaged prior to 30 September 2001 who at that time elected not to move to the classification structure as detailed in Clause 33. Classifications of this award have, subject to consultation and mutual agreement between the employees and employer, transferred to an appropriate level, as determined by UAL management, within the existing classification structure (Clause 33.)

 

10.  Meal Breaks

 

(a)        Meal Breaks for Day Workers

 

(i)         Day Workers shall be given two breaks of 20 minutes (ten minutes shall be paid as time worked and 30 minutes shall be unpaid) which shall be taken at suitable times during each day. The commencement time of these breaks shall be set according to agreement between UAL and the majority of employees in the site or section having regard to production needs.

 

(ii)        Where after working ordinary hours an employee's period of overtime is to be one and a half or more, they shall, before starting such overtime, be entitled to a crib break of 20 minutes to be paid for at ordinary rates.

 

Provided that an employee and UAL may agree that a payment of 20 minutes at ordinary rates be made in lieu of such crib breaks.

(iii)       After each four consecutive hours of overtime worked, an employee who is to continue working overtime shall be entitled to a crib break of 20 minutes without deduction of pay.

 

Provided that UAL and an employee may agree that a payment of 20 minutes at double time (or on Public Holidays, double time and a half) be made in lieu of such crib break.

 

(iv)       When ordinary hours are six on any day and overtime thereafter is two hours, day workers shall be given two breaks of 20 minutes each (ten minutes shall be paid as time worked and 30 minutes shall be unpaid). When overtime on such days exceeds two hours by one and a half hours, then a crib break of 20 minutes shall be taken to be paid for at ordinary rates.

 

Provided that UAL and an employee agree that a payment of 20 minutes at ordinary rates be made in lieu of such crib breaks.

 

(b)        Meal Breaks on a Saturday, Sunday, Public Holiday

 

Meal breaks on a Saturday, Sunday or Public Holiday are paid for at single time, whether taken during ordinary hours of work or overtime.

 

(c)        The time of taking a scheduled meal break by one or more employees may be altered by agreement if it is necessary to do so in order to meet a requirement for continuity of operations. This may require staggering meal breaks and rest breaks by quarry personnel, to enable:

 

(i)         the primary crushing operation to be maintained;

 

(ii)        the dispatch of stockpile products to be maintained.

 

(d)        The timing of meal breaks may be staggered in order to meet operational requirements. The time of taking a scheduled meal break by an employee employed as a regular maintenance person may be altered by agreement for the purpose of making good breakdown of plant or upon routine maintenance of plant, which can only be done while such plant is idle.

 

(e)        Rest Breaks

 

The timing of rest breaks may be staggered to meet operational requirements. The time of taking a scheduled rest break by one or more employees may be altered by agreement if it is necessary to do so in order to meet a requirement for continuance of operations or for the purpose of making good breakdown of plant or for routine maintenance of plant, which can only be done while such plant is idle.

 

11.  Contract of Employment

 

(a)        Employment shall be on a weekly basis, excepting casual employees.

 

(b)        Casual Employees

 

An employee may be engaged by the hour on a casual basis.

 

An employee so engaged shall be paid one thirty-eighth of the weekly rate for each hour worked, plus 20%. This penalty shall be in lieu of all leave provisions, public holidays or shift loadings, whichever the higher.

 

(c)        Employment shall be probationary for the first three months. Termination by either party shall be on a day's notice. If employment ceases during the first three months for any reason, UAL may deduct half the cost of the safety boots issued to the employee from any monies owing to the employee.

 

(d)        UAL has the right to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of or misconduct, including breach of company rules, and in such cases the wages shall be payable up to the time of dismissal.

 

(e)        UAL may deduct payment for any day or portion of a day during which an employee cannot be usefully employed because of any strike or through any breakdown of machinery or due to any cause for which UAL cannot reasonably be held responsible.

 

(f)         Employees shall perform any work for which they are capable, as directed. UAL agrees to provide any training which employees may require in order to carry out their duties safely and competently. No employee shall place any restriction on a contractor or another employee carrying out any work for UAL. This includes, but is not limited to, staff carrying out any production or quarrying duties to provide assistance during emergencies or to cover absences.

 

(g)        Any employee taking unauthorised absence from duty or not performing duties as required shall not be paid for the actual time of such non-attendance or non-performance and may be subject to further disciplinary action.

 

(h)        Employees shall individually be held responsible for the following standards of performance:

 

Achieve programmed production and labour utilisation targets.

 

Achieve set levels of quality and carry out quality control tests as required.

 

Reduce costs by minimising waste.

 

Improve safety performance by eliminating unsafe acts, conditions and participating in safety training programs.

 

Maintain housekeeping at acceptable levels, including fire prevention.

 

Treat company property with due care and report any faults with any equipment or any losses.

 

Assist in maintaining the security of UAL premises and equipment while on duty.

 

Participate in preventative maintenance for all plant and equipment and assist as required in carrying out routine maintenance.

 

Maintain good employee relations by promoting mutual trust and respect in the workplace.

 

Observe company policies and legislative obligations, particularly those relating to occupational health and safety.

 

(i)         UAL shall supply all protective clothing, safety boots, equipment and materials necessary for employees to carry out their duties. Protective clothing and safety boots must be worn on the job.

 

(j)         Employees are required to keep accurate records of time worked and the nature of work performed.

 

(k)        Abandonment of Employment

 

(i)         The absence of an employee from work for a continuous period exceeding three working days without the consent of UAL and without notification to UAL shall be prima facie evidence that the employee has abandoned his employment.

 

(ii)        Provided that if within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of UAL that they were absent for reasonable cause, they shall be deemed to have abandoned their employment.

 

(iii)       Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day’s absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to UAL, whichever is the later.

 

12.  Redundancy

 

(1)        Application

 

(i)         These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified by clause

 

(ii)        This clause shall only apply to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(iv)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(2)        Introduction of Change

 

(i)         UAL's Duty to Notify

 

(a)        Where UAL has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, UAL shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       "Significant effects" include termination of employment, major changes in the composition, operation or size of UAL's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retaining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this award makes provision for alteration of any matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        UAL's Duty to Discuss Change

 

(a)        UAL shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       The discussion shall commence as early as practicable after a definite decision has been made by UAL to make the changes referred to in the said paragraph (i).

 

(c)        For the purpose of such discussion, UAL shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that UAL shall not be required to disclose confidential information the disclosure of which would adversely affect UAL.

 

(3)        Redundancy

 

(i)         Discussion Before Terminations

 

(a)        Where UAL has made a definite decision that UAL no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (i) of subclause (2) of this clause, and that decision may lead to the termination of employment, UAL shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)       The discussion shall take place as soon as is practicable after UAL has made a definite decision which will invoke the provision of paragraph (i) of subclause (2) of this clause and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussion, UAL shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that UAL shall not be required to disclose confidential information the disclosure of which would adversely affect UAL.

 

(4)        Termination of Employment

 

(i)         Notice of Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with

 

(a)        In order to terminate the employment of an employee, UAL shall give to the employee the following notice:

 

 

(b)       In addition to the notice above, employees over 45 years of age with not less than two years' continuous service at the time of the giving of the notice shall be entitled to an additional week's notice.

 

(c)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(ii)        Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from "technology" in accordance with paragraph (i) of subclause (2) of this clause.

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

 

(b)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(iii)       Time Off During the Notice Period

 

(i)         During the period of notice of termination given by UAL, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(ii)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of UAL, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(iv)       Employee Leaving During the Notice Period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with UAL until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(v)        Statement of Employment

 

UAL shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(vi)       Department of Social Security Employment Separation Certificate

 

UAL shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by the Department of Social Security.

 

(vii)      Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (i) of subclause (2) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and UAL may, at UAL's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

 

(5)        Severance Pay

 

(i)         Where an employee is to be terminated pursuant to paragraph (i) of subclause (2) of this clause, and subject to further order of the Industrial Relations Commission of New South Wales, UAL shall pay the following severance pay in respect of a continuous period of service:

 

(a)        If an employee is under 45 years of age, UAL shall pay in accordance with the following scale:

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 Year	Nil
1 Year and less than 2 Years	4 weeks
2 Year and less than 3 Years	7 weeks
3 Years and less than 4 Years	10 weeks
4 Years and less than 5 Years	12 weeks
5 Years and less than 6 Years	14 weeks
6 Years and over	16 weeks

 

(b)       Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 Year	Nil
1 Year and less than 2 Years	5 weeks
2 Year and less than 3 Years	8.75 weeks
3 Years and less than 4 Years	12.5 weeks
4 Years and less than 5 Years	15 weeks
5 Years and less than 6 Years	17.5 weeks
6 Years and over	20 weeks

 

(c)        "Week's pay" means the all-purpose rate for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances paid in accordance with this award.

 

(ii)        Incapacity to Pay

 

Subject to an application by UAL and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this clause.

 

The Commission shall have regard to such financial and other resources of UAL concerned as the Commission thinks relevant, and the probable effect that paying the amount of severance pay in the said paragraph  (i) will have on UAL.

 

(iii)       Alternative Employment

 

Subject to an application by UAL and further order of the Industrial Relations Commission of New South Wales, UAL may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if UAL obtains acceptable alternative employment for an employee.

 

(6)        Savings

 

Nothing in these provisions shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

12A.  Transmission of Business

 

The provisions of the redundancy clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

 

(a)        where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

 

(b)        where the employee rejects an offer of employment with the transmittee in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

 

which recognises the period of continuous service which the employee had with the trasmittor and any prior transmittor to be continuous service of the employee with the transmittee.

 

13.  Grievance Procedure

 

(a)        This procedure for the avoidance of industrial disputes and employee grievances shall apply to employees covered by this award.

 

(b)        The objectives of the procedure shall be to promote the resolution of disputes/grievances by measures based on consultation, co-operation and discussion, to reduce the level of industrial confrontation, and to avoid interruption to the performance of work and the consequential loss of production and wages.

 

(c)

 

(i)         Procedures relating to grievances of individual employees:

 

(A)      The employee is required to notify (in writing or otherwise) UAL as to the substance of the grievance, request a meeting with UAL for bilateral discussions and state the remedy sought.

 

(B)       A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(C)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(D)       At the conclusion of the discussion, UAL must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(E)       While a procedure is being followed, normal work must continue.

 

(F)       The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedures relating to disputes, etc., between UAL and their employees:

 

(A)      A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(B)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(C)       While a procedure is being followed, normal work must continue.

 

(D)       UAL may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

(d)        There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

 

(e)        Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.

 

(f)         Emphasis shall be placed on a negotiable settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute.

 

(g)        In order to allow for the peaceful resolution of grievances and disputes, the parties shall be committed to avoid industrial action, including stoppages of work, lockouts or any other bans or limitations on the performance of work while the above procedure is being followed.

 

(h)        UAL shall ensure that all practices applied during the operation of the procedure are in accordance with its obligations under the Occupational Health and Safety Act 1983 and consistent with established custom and practice at the workplace.

 

(i)         The following disciplinary procedure shall be adhered to by UAL and the employees:

 

(i)         Employees who exhibit unsatisfactory performance or behaviour shall be counselled so that they understand the standards expected of them and are offered assistance and guidance in achieving those standards.

 

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

 

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

 

(iv)       Nothing in the procedure shall limit the right of UAL to summarily dismiss an employee for serious and wilful misconduct.

 

14.  Payment of Wages

 

(a)        Wages shall be paid fortnightly by electronic funds transfer.

 

(b)        When an employee's services are terminated, they shall be paid all wages due to him/her at the conclusion of the employee's employment.

 

(c)        The pay fortnight finishes at midnight every second Sunday (that is, the pay fortnight ending).

 

(d)        As part of an agreement between employees and UAL, a one-off payment equal to one weeks earnings, to be based upon an individual employees average weekly earnings over the three month period prior to commencement of this agreement, will be paid to employees upon commencement of this agreement.  For the purposes of this payment only, the pay week finishes at midnight every Sunday (that is, the pay week ending).

 

15.  Public Holidays

 

(a)        The following days shall be public holidays and, subject to subclause (b) of this clause, except when they fall on a non-working day, shall be allowed on full pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter, Monday, Anzac, Day, Queen's Birthday, Eight-Hour Day (Sydney), Christmas Day, Boxing Day, and any other day or days observed as such and any other gazetted holidays observed throughout the State.

 

(b)        An employee who is absent without reasonable excuse to the satisfaction of UAL on the workday before or after a public holiday shall not be entitled to payment for the public holiday.

 

(c)        A continuous shift worker who is rostered off on a public holiday may elect either to have an additional seven hours and 36 minutes added to their annual leave or be paid seven hours and 36 minutes pay at single time for the holiday.

 

 (d)       In addition to the above holidays, an additional holiday shall be granted each year.

 

16.  Relief Shift Operator

 

UAL reserves the right to introduce the position of relief shift operator, which involves relieving manufacturing and maintenance/quarry worker operators and hydrator operators during periods of annual leave, long service leave, extended absences, etc. The position includes relieving according to shift roster.

 

During periods when the shift-relief operator is performing continuous work as defined they will be remunerated as such.

 

During periods when the shift-relief operator is performing work other than continuous work they will be remunerated as such.

 

17.  Consultation

 

(a)        The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of UAL and to enhance the career opportunities and job security for the employees.

 

(b)        At the quarry, UAL, the employees and their relevant union or unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that quarry. Measures raised by UAL, employees or union or unions for consideration, consistent with subclause (1) of this clause, shall be processed through that consultative mechanism and procedures.

 

(c)        Negotiating Committee

 

For the purpose of negotiating this award, a subcommittee of employees and UAL representatives has been established in the form of the UAL Attunga Works Committee.

 

(d)        Consultation, Participation and Commitment

 

The parties hereby agree to simultaneously change the work culture and improve participation of all employees by setting and implementing consultation mechanisms. The purpose of the consultative mechanism is to discuss and implement changes by agreement that shall improve efficiency and production at the enterprise on an ongoing basis. Consultative practices shall ensure that workplace reforms continue with the participation of employees. Every person covered by this award at UAL shall endeavour to make this award work. Every person has an important role to play in ensuring the award aids UAL's success.

 

(e)        Skills and Flexibility

 

UAL's success is dependent upon the skills and flexibility of its people. Everyone shall be encouraged to extend the breadth and depth of their skills and knowledge.

 

(f)         Continuous Improvement

 

Improvement in business performance through continuous improvement shall become a standard way of working. Every person shall, wherever practical, seek to implement new work practices which improve the efficiency of operations, improve productivity and improve service to customers in a cost-effective manner through a mechanism of consultation and agreement between the parties in the UAL's Work Committee.

 

(g)        General Conditions

 

(i)         Preamble

 

UAL recognises the importance of its employees in ensuring that productivity requirements are satisfied in an efficient and safe manner. In order to achieve this requirement, UAL has installed additional equipment, increased output and upgraded equipment size. This has enhanced our competitiveness within the marketplace and enabled sales requirements to be well satisfied.

 

(ii)        Position Descriptions

 

As a result of these improvements and productivity gains, position descriptions have been re-evaluated to reflect the additional productivity and increased responsibility. Position descriptions have been written for all positions to reflect the additional responsibility.  They include a general description of the position, together with specific duties which are critical to the nature of the work.

 

(iii)       Preventative Maintenance Program

 

In addition to the position descriptions, a preventative maintenance program has been formally established to cover all machinery within the operation. All relevant employees shall participate in this preventative maintenance program in order to ensure that all equipment is operating efficiently and failure of equipment is minimised. The aim of this program shall be to increase plant availability in line with planned maintenance repairs and increased productivity.

 

(iv)       Cleanliness

 

Together with the preventative maintenance program, all employees shall endeavour to maintain and enhance the cleanliness of all plants.  Maintenance employees shall actively ensure that work areas are kept clean upon completion of a maintenance task. Essential to the long-term profitability and survival of UAL is the successful implementation and ongoing operation of major and minor capital projects designed to lower our production costs and improve our competitiveness in the marketplace. In recognising the need for long-term co-operation to ensure projects are realised, both parties agree to work together to ensure productivity requirements are satisfied.

 

(v)        Teamwork

 

In order to make teamwork the focus at UAL, we shall attempt to develop a team-based culture that centres around:

 

(A)      Employees working together to maintain productivity throughout all stages of the process in order to satisfy stock and sales requirements.

 

(B)       Employees working side by side to minimise downtime and by sharing ideas in order to fault-find problems.

 

(C)       Employees encouraging each other to take pride in their workplace and so foster ownership of UAL.

 

(D)       Encouraging and implementing employees' ideas to further improve our processes, products and services.

 

(E)       Employees participating in safety programs, working safely, wearing safety gear and being concerned for the welfare of each other.

 

(F)       Employees actively participating in training programs in order to gain new skills to ensure processes are kept operating when and as required.

(G)       Improved communication processes which reflect honesty, openness and trust.

 

(H)       Employees working together to get productivity going through the removal of blockages by either party assisting in the repair.

 

To ensure that UAL remains competitive within the marketplace, we need to work together more than ever. The success of UAL depends on a team effort and that each individual plays a major role in determining the level of success we achieve.

 

(h)        Customer Focus

 

Through employee participation, it shall be our aim to provide customers with a broader range of products, improved value and service. Customer satisfaction is the key to UAL's success and, as such, all employees shall endeavour to meet customer requirements through product quality, product availability, customer service and telephone techniques. Customers and their representatives should be treated in a pleasant and friendly manner.  Through our employees, it is our aim to enhance our reputation as a customer-focused business throughout the local and greater community.  Employees shall make themselves available at all times to load vehicles as required by the customer. All employees shall be encouraged to know who our customers are, have knowledge of their process and be familiar with applications of our products.

 

18.  Amenities

 

(a)        UAL shall provide a suitable change room for the use of employees. Where practicable, hot and cold showers and wash basins shall be provided for the use of employees or be adjacent to such change room.

 

(b)        UAL shall provide a plentiful supply of pure drinking water for the use of employees and some means for keeping the water cool.

 

19.  Accident Pay

 

See the Workers' Compensation Act 1987.

 

20.  Training

 

(a)        UAL-initiated Training

 

(i)         Employees shall undertake training and retraining as required by UAL.

 

(ii)        UAL will pay all costs associated with training whether it is formal, internal, external or on the job.

 

(iii)       Time off without loss of pay will be provided.  However, if external training extends beyond the normal hours of work, the employee shall make the time available without payment.

 

(b)        Employee-initiated Training

 

(i)         Employees planning to undertake further training should discuss the matter with their Manager.

 

(ii)        UAL will consider reimbursing part or all of the costs associated with the training, provided that the training has relevance to UAL's current or future needs.

 

(iii)       Where UAL agrees to reimburse part or all of the costs associated with training, the employee will be notified in writing.

 

(iv)       Reimbursement for approved training will be made at the successful completion of each stage of the course.

 

(v)        Employees will be required to submit a claim for payment accompanied by receipts.

 

(vi)       UAL will not refund any tax or Government levy on employees which is associated with undertaking a course.

 

(vii)      UAL will not refund the cost of any accommodation, travel expenses or pay for the employee's time associated with such training.

 

(viii)     UAL may approve any reasonable request for time off work without pay for attendance at such training, including examinations and study leave. Requests for time off with pay should utilise any available annual leave.

 

(c)        Employees who are engaged as shift workers shall be paid at the ordinary time rate when undertaking training on their days off.

 

21.  Safety and Productivity Committee

 

(a)        Each site with more than ten employees shall elect representatives for this committee.

 

(b)        One representative should be elected from each classification group, e.g. quarrying, processing maintenance, etc.

 

(c)        On sites with less than ten employees, all employees shall form the committee.

 

(d)        The terms of reference of the committee shall be to discuss and provide advice to UAL on the following matters:

 

(i)         accident prevention;

 

(ii)        promotion of safety awareness amongst all employees;

 

(iii)       safety procedures;

 

(iv)       quality improvements;

 

(v)        promotion of quality awareness amongst all employees;

 

(vi)       cost reduction;

 

(vii)      productivity improvements; and

 

(viii)     review of operating procedures and practices.

 

22.  Daylight Saving

 

Employees rostered to work night shift on the day (morning) Daylight Saving commences or finishes shall be paid for the time worked.

 

23.  Superannuation

 

The subject of superannuation is dealt with extensively by Federal legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993, and section 124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, shall govern the superannuation rights and obligations of the parties.

 

Contributions

 

(a)        UAL shall make, in respect of qualified employees, superannuation contributions, which is 9% from 1 July 2002, of ordinary-time earnings into an approved fund.  Such contributions shall be remitted to the approved fund on a monthly basis.  With respect to casual employees, contributions shall be remitted to the approved fund no later than at the time of the employees receiving their annual group certificates.

 

(b)        All award and statutory superannuation contributions in respect of an employee shall be paid to the Australian Retirement Fund.

 

(c)        Where no such nomination is made before any such contributions become payable, the said contribution referred to in subclause (a) of this clause will be paid to the approved fund for that place of employment.

 

24.  Jury Service

 

(a)        An employee required to attend for jury service during ordinary working hours shall be reimbursed by UAL an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

 

(b)        An employee shall notify UAL as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give UAL proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

25.  Annual Leave

 

(a)        Day workers and employees performing work other than continuous work shall receive 152 hours annual leave in accordance with the Annual Holidays Act 1944.

 

(b)

 

(i)         In addition to the annual leave prescribed in the Annual Holidays Act 1944, a further period of seven consecutive days with 38 hours pay at ordinary rates shall be allowed to employees after not less than 12 months' continuous service on continuous work, that is, an employee who is rostered to work regularly on Saturdays and Holidays.

 

(ii)        An employee with 12 months' continuous service who is employed for part of the 12 month period on continuous work under this award shall be entitled to have the leave prescribed by the Annual Holidays Act 1944 increased by half a day for each month they are employed continuously as aforesaid.

 

(iii)       Where the additional leave calculated under paragraph (b) of this subclause is or includes a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

(c)        Annual leave under this subclause shall be given and shall be taken within a period not exceeding six months from the date upon which the right to leave accrued, provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within the said period of six months.

 

Nothing in this paragraph shall prevent UAL from allowing an employee to take annual leave before the right thereto has accrued but, where leave is taken in such a case, a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which such annual leave had been so taken. Provided that, if the employee leaves their employment with UAL prior to the period of leave being fully accrued, then that amount of annual leave which was paid in advance shall be deducted by UAL from any moneys owing to the employee.

 

(d)        Where any special or public holiday for which a continuous process shift worker is entitled to payment under this award occurs during the period of additional annual leave provided for by this subclause, the said period of leave shall be increased by one day in respect of that special or public holiday.

 

26.  Annual Leave Loading

 

(a)        In this clause, the Annual Holidays Act 1944 is referred to as "the Act".

 

(b)        Before an employee is given and takes their annual holiday or where, by agreement between UAL and an employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods, UAL shall pay the employee a loading determined in accordance with this clause.

 

(c)        The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

(d)        The loading is the amount payable at the rate per week of 17.5% of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing annual holidays, together with all-purpose allowances where applicable.

 

(e)        Employees who take annual leave in advance shall be paid a pro rata amount of the annual leave loading as if the annual leave had fully accrued. Provided that, if the employee leaves employment with UAL for any reason prior to the period of leave being fully accrued, then that amount of the annual leave loading which was paid in advance shall be deducted by UAL from any monies owing to the employee.

 

(f)         Where, in accordance with the Act, UAL's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(i)         An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (d) of this clause.

 

(ii)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to the employee under the Act, a pro rata amount for annual leave loading in proportion to the accrued entitlement.

 

(g)

 

(i)         When the employment of an employee is terminated by UAL for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with the said subclause (d) for the period not taken.

 

(ii)        Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee's employment.

 

(h)        This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

27.  Sick Leave

 

(a)        No sick leave is available to employees with less than six weeks’ continuous service with UAL.

 

(b)        Employees with between six weeks' and 12 months’ continuous service shall be entitled to 38 hours paid sick leave.

 

(c)        Employees with more than one year of continuous service with UAL shall accrue 76 hours of paid sick leave on each anniversary of service.

 

(d)        Any unused portion of the sick leave entitlement shall accumulate from year to year. These entitlements shall be available for a period of ten continuous years of service from the end of the year in which they accrued.

 

(e)        Employees must notify UAL of any absence on sick leave prior to their normal commencement time and, as far as possible, state the nature of the illness or incapacity and the estimated duration. Employees must notify their immediate supervisor or the Manager (or the most senior person) of such absence, at least two hours before the commencement on the first day or shift of such absence.

 

(f)         Employees may be required to supply a doctor’s certificate or other evidence satisfactory to UAL (which may include a statutory declaration) as proof that they were unable to attend duty because of illness or incapacity before being entitled to paid sick leave subject to subclause (g) of this clause. Certificates not issued within the period of absence to which they refer are unacceptable.

 

(g)        Employees are allowed one day of paid sick leave per year without a doctor's certificate. This entitlement does not accumulate from year to year.

 

(h)        Attendance Payment - As soon as practicable after the first and subsequent anniversaries of employment, employees shall be entitled to an amount for attendance based on 50% of the amount of unused sick leave accrued during that year in excess of the required 190 hours minimum sick leave accrual that they would have been entitled to under this clause.

 

28.  Long Service Leave

 

See the Long Service Leave Act (Metalliferous Mining) 1963.

 

29.  Personal Carer’s Leave

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee’s care and support, will be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 27, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day

 

(b)        The employee 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

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first-mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d)        a same sex partner who lives with the employee, as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

(1)        "relative" means a person related by blood, marriage or affinity;

 

(2)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(3)        "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer 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 employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, will be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        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.

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of subclause (L) of clause 7, Overtime, the following provisions shall apply:

 

(b)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(c)        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.

 

(d)        If, having elected to take time as leave in accordance with paragraph (b) 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.

 

Where no election is made in accordance with the said paragraph (b), the employee will be paid overtime rates in accordance with the award.

 

(5)        Make-Up Time

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off

 

(6)        Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, 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 employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

30.  Bereavement Leave

 

(a)        An employee, other than a casual, will be entitled to up to two days' bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person as prescribed in subclause (c) of this clause.

 

(b)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(c)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 29, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(d)        An employee will not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(e)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 29.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business

 

31.  Parental Leave

 

See the Industrial Relations Act 1996.

 

32.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Notes:

 

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

 

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

 

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

 

33.  Classifications

 

Employees are engaged pursuant to the classification structure as outlined in Part B, Monetary Rates - Table 1 - Wages.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

The tradesperson rate (current) is the basis on which classification levels are set, i.e. a tradesperson is on 100 per cent pay rate.

 

 

Table 2 - Other Rates and Allowances

 

 

Plant Skills

 

A.        Product bagging and cleaning

 

B.         Dispatch Forklift Operator

 

C.         Dispatch Front End Loader

 

D.         Primary Crusher Operation

 

E.         Aglime Plant Operation

 

F.         Hydrator Operator

 

G.         Kiln Operation

 

H.         Front End Loader Operation (at face)

 

I.          Dump Truck Operation

 

J.          Excavator

 

K.         Drill Operation

 

L.         Shotfirer or Tradesperson

 

M.        Tradesman Level 2

 

N.         Leading Hand - All Section Skills

 

O.         Maintenance Special Class.

 

Note 1

 

If multi-skilling proceeds to full fruition, UAL reserves to the right not to appoint sectional leading hands.

Note 2

 

Payment at given levels implies agreement of being willing and competent to carry out all or any duties within the classification.

 

Note 3

 

Any employee not wanting to be involved in the multi-skilling exercise will not be disadvantaged, that is, their pay rate will remain unchanged and they do not have to learn new skills. However, they are expected to assist in the training of others as required within their sections.

 

 

 

I. W. CAMBRIDGE, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.