Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Industrial Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Industry Group New South Wales Branch, Industrial Organisation of Employers and State Peak Council.

 

(No. IRC 1585 of 2006)

 

 

AWARD

 

INDEX

 

Clause No.         Subject Matter

 

4.         Adult Apprentices

43.       Alcohol and Other Drugs

28.       Annual Leave

50.       Anti-Discrimination

3.         Apprentices

51.       Area, Incidence and Duration

1.         Basic Wage

40.       Blood Donations

32.       Compassionate Leave

34.       Contract of Employment

29.       Days added to the Period of Annual Leave

38.       Definitions

48.       Employee Entitlements/Redundancy

44.       Employee Representatives

25.       Employees presenting Themselves for Work and Not Required

7.         Employment Security

46.       Formal Discipline/Warning Procedure

21.       Holidays

13.       Hours of Work

41.       Income Protection Insurance

35.       Introduction of Change

31.       Jury Service

8.         Labour Flexibility

30.       Long Service Leave

24.       Maximum Payment

16.       Night Work for Day Workers and Day Shift Workers

11.       No Extra Claims

5.         Objectives and Commitments

45.       Occupational Health and Safety

19.       Overtime

33.       Parental Leave

27.       Personal and Carers’ Leave

47.       Procedure for resolving Claims, Issues and Disputes

42.       Protective Clothing and Equipment

2.         Rates of Pay

20.       Requirements to Work in Accordance with the Needs of the Enterprise

36.       Redundancy

15.       Saturday Rates for Shift Workers

14.       Shift Work Allowances for Shift Workers

23.       Shift Workers whose working Period includes Sundays and Holidays as Ordinary Working Days

26.       Sick Pay

12.       Special Rates

6.         Structural Efficiency

22.       Sunday and Holiday Rates

37.       Superannuation

10.       Team Leaders and Acting Supervisor

39.       Time and Payment of Wages

9.         Training

17.       Transfer of Day Workers from Day Work to Shift Work

18.       Transfer of Shift Workers

49.       Transmission of Business

 

PART B

 

MONETARY RATES

 

Table 1 - Rates Of Pay

Table 2 - Other Rates and Allowances

 

PART A

 

1.  Basic Wage

 

The rates of pay in this award are made by reference and in relation to a basic wage for adult employees as set out in Part B.

 

2.  Rates of Pay

 

(a)        An adult employee in a classification or class of work specified in subclause (b) of this Clause (other than an apprentice) shall be paid the respective award wage rate per week assigned to that classification or class of work set out in Table 1, Rates of Pay, of Part B.

 

An additional amount per week as set out in Table 2, Item 1, Other Rates and Allowances, of Part B shall be paid to an employee employed and working as an electrical tradesperson and possessing an Electrical Licence.

 

(b)        Classification Definitions

 

(i)         NON TRADES

 

Maintenance Attendant - Level  1

 

Means an employee who has undertaken induction training including:

 

Workplace induction

 

Conditions of employment

 

Training and career path opportunities

 

Work and document procedures \ Quality system

 

Occupational Health and Safety

 

Equal Opportunity

 

and performs routine manual jobs such as cleaning or labouring. The employee will have completed their probationary period.

 

Maintenance Attendant - Level 2

 

Means an employee who understands and has undertaken basic quality control/assurance procedures training, and who has undergone relevant In-House and on-the-job training including competency matrix .

 

Such an employee will perform repetitive work, assemble components with basic hand tools using basic written, spoken and / or diagrammatic instructions, assist Engineering tradespersons, carry out basic welding, scrap cutting and stores work.

 

Maintenance Attendant - Level 3

 

Means an employee who is qualified as a Maintenance Attendant - Level 2 and has worked for a minimum period of 5 years at that level and can display competency in the following:

 

Pendant crane driving and associated chasing

 

Forklift driving

 

Assemble components and some stores work

 

Plus 3 appropriate TAFE modules

 

(ii)        TRADESPERSONS

 

Mechanical Tradesperson - Base

 

Means a tradesperson who:

 

(1)        Has a Mechanical Trades Certificate or recognised equivalent; or has served a Mechanical Trades Apprenticeship or recognised equivalent.

 

plus

 

(2)        Has undertaken induction training including:

 

Workplace induction

 

Conditions of employment

 

Training and career path opportunities

 

Work and document procedures/Quality systems

 

Occupational Health and Safety

 

Equal opportunity

 

Maintenance practices (or equivalent)

 

plus

 

(3)        Can display competency In the following:

 

Pendant crane driving and associated chasing

 

Forklift driving

 

Oxy cutting and welding safety

 

Mechanical Tradesperson - Level 1

 

Means a tradesperson who is qualified as a Mechanical Tradesperson - Base, and has worked for a minimum of one year at that level plus

 

relevant in-house and on-the-job training.

 

Mechanical Tradesperson - Level 2

 

Means a tradesperson who is qualified as a Mechanical Tradesperson - Level 1 and has a minimum of three years experience on the job, plus has satisfactorily completed a minimum of three (3) appropriate and approved TAFE modules.

 

plus

 

relevant in-house and on-the-job training.

 

Mechanical Tradesperson - Level 3

 

Means a tradesperson who is qualified as a Mechanical Tradesperson - Level 2 and has a minimum of five years experience on the job, plus has satisfactorily completed a minimum of six (6) appropriate and approved TAFE modules.

 

plus

 

relevant in-house and on-the-job training.

 

Mechanical Tradesperson - Level 4

 

Means a tradesperson who is qualified as a Mechanical Tradesperson - Level 3 and has a minimum of eight (8) years experience on the job, plus has successfully completed a minimum of 12 appropriate and approved TAFE modules.

 

Mechanical Tradesperson - Level 5

 

Means a tradesperson who is qualified as a Mechanical Tradesperson - Level 4 and has a minimum of twelve (12) years experience on the job, plus has successfully completed 30 appropriate and approved TAFE modules thus achieving the attainment of an Associate Diploma.

 

Electrical Tradesperson - Base

 

Means a tradesperson who:

 

Has served an electrical apprenticeship or recognised equivalent; or has successfully completed a recognised electrical trades course or recognised equivalent; and has obtained an electrical licence; and

 

(1)        Has undertaken induction training :

 

Workplace induction

 

Conditions of employment

 

Training and career path opportunities

 

Work and document procedures \ quality systems

 

Occupational Health and Safety

 

Equal Opportunity

 

Maintenance practices (or equivalent)

 

plus

 

(2)        Can display a competency in the following:

 

Oxy cutting and welding safety

 

Pendant crane driving and associated chasing

 

Forklift Driving

 

Electrical Tradesperson - Level 1

 

Means a tradesperson who is qualified as an Electrical Tradesperson - Base and has worked for a minimum of one year at that level

 

plus

 

relevant in-house and on-the-job training.

 

Electrical Tradesperson - Level 2

 

Means a tradesperson who is qualified as an Electrical Tradesperson - Level 1 and has a minimum of three (3) years experience on the job, plus has satisfactorily completed a minimum of three (3) appropriate and approved TAFE modules.

 

plus

 

relevant in-house and on-the-job training.

 

Electrical Tradesperson - Level 3

 

Means a tradesperson who is qualified as an Electrical Tradesperson - Level 2 and has a minimum of five (5) years experience on the job, plus has satisfactorily completed a minimum of six (6) appropriate and approved TAFE modules

 

plus

 

relevant in-house and on-the-job training.

 

Electrical Tradesperson - Level 4

 

Means a tradesperson who is qualified as an Electrical Tradesperson - Level 3 and has a minimum of eight (8) years experience on the job, plus has satisfactorily completed a minimum of 12 appropriate and approved TAFE modules.

 

Electrical Tradesperson - Level 5

 

Means a tradesperson who is qualified as an Electrical Tradesperson - Level 4 and has a minimum of twelve (12) years experience on the job, plus has satisfactorily completed 30 appropriate and approved TAFE modules thus achieving the attainment of an Associate Diploma.

 

General

 

(a)        All electrical tradespersons will be required to undertake the following duties:

 

1.          use lifting equipment incidental to his/her work;

 

2.          perform non-trade tasks incidental to his/her work;

 

3.          perform oxy cutting and welding tasks associated with his/her work including welded repairs.

 

(c)        TOOL ALLOWANCE

 

(i)         Trades classifications wage rates include an allowance as set out in Part B, Table 2 item 2 per 38 hour week for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons. The allowance shall apply for all purposes of the award;

 

(ii)        Tradespersons shall replace or pay for any tools supplied by their employer if lost or damaged through their negligence.

 

(iii)       The Company shall make available to tradespersons any tools which may be required to be used to perform their work other than those contained in the list of tools which each tradesperson is required to provide for himself/herself as set out in the tool policy.

 

Provided that the list of tools detailed above can be amended to a new list of equivalent value, subject to the mutual agreement of all parties to this Industrial Award.

 

3.  Apprentices

 

(a)        CONTRACT OF APPRENTICESHIP

 

Every contract of apprenticeship made under this award will be in accordance with the Apprenticeship Authority Guidelines.

 

(b)        APPRENTICESHIP AUTHORITY - DEFINITION

 

For the purposes of this clause "Apprenticeship Authority" shall mean the Vocational Training Board established under the Industrial and Commercial Training Act 1989.

 

(c)        INSTRUCTION IN WELDING

 

The training of apprentices in the Mechanical and Fabrication streams shall include instruction in electric welding and / or oxy-acetylene welding. The training of apprentices to electrical fitting shall include sufficient instruction in welding to enable them to perform the work of their trade in the shop in which they are trained.

 

(d)        WAGES

 

The weekly rate of wage for apprentices will be as set out in Part B, Table 1, Rates of Pay.

 

(e)        OVERTIME AND SHIFT WORK

 

No apprentice under the age of 18 years shall be required to work overtime or shift work unless he/she so desires.

 

No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent his/her attendance at technical school as required by an statute, award or regulation applicable to him/her.

 

(f)         LOST TIME

 

The apprenticeship year may be extended by the number of days that during that year fall short of the prescribed number of days as a result of unauthorised leave.

 

(g)        ATTENDANCE AT TECHNICAL SCHOOLS

 

Apprentices attending technical colleges or schools and presenting reports of satisfactory conduct shall be reimbursed all fees paid by them.

 

(h)        LEAVE ENTITLEMENTS

 

Apprentices shall be entitled to sick, annual and bereavement leave in accordance with the provisions of this award.

 

(i)         HOURS

 

The ordinary hours of employment of apprentices shall not in each workshop exceed those of the tradesperson.

 

4.  Adult Apprentices

 

(a)        DEFINITIONS

 

For the purposes of this award an adult apprentice means a person of 21 years of age or over at the time of entering into an apprenticeship indenture in either:-

 

(i)         Mechanical Tradesperson (Fitting, Machining, Fabrication).

 

(ii)        Electrical Tradesperson

 

(b)        CONTRACT OF INDENTURE

 

The training to be completed by an adult apprentice under a contract of indenture will be in accordance with the relevant State Training Authority Legislation. This Authority shall determine the training credits for relevant work experience and educational standards.

 

(c)        WAGE RATE

 

(i)         The rate of pay of an adult apprentice shall be the rate of pay that is from time to time applicable to the highest non-trades classification or class of work specified in Clause 2 of this award.

 

(ii)        Where a person was employed by the company immediately prior to becoming an adult apprentice with the company, such person shall not suffer a reduction in the rate of pay by virtue of becoming indentured.

 

(d)        PREFERENCE

 

(i)         Preference of employment as an adult apprentice should be given to an applicant who is currently employed by the employer so as to provide for genuine career path development.

 

(ii)        Adult apprentices shall not be employed at the expense of other apprentices.

 

5.  Objectives and Commitments

 

The Parties to this Award have jointly developed and are committed to the following objectives to fulfil its obligations in providing a 365 days per year, 24 hours per day service delivery to it’s customers which, collectively express the purpose and intent of this award:

 

(i)         to have a system of self direction in the workplace;

 

(ii)        to maintain a work environment based on high employee morale;

 

(iii)       to provide employees the opportunity to develop and realise their full potential and remuneration within the needs of the company;

 

(iv)       to provide employees with fair and equitable wages and conditions of employment and which allows Mainteck to maintain a competitive position within the industry and the labour market;

 

(v)        to work together as one team with aligned objectives;

 

(vi)       establishment of levels of responsibility and accountability for Mainteck and its employees

 

(vii)      enhance the future of the company and the employee’s employment security;

 

(viii)     develop relationships between the Company and its’ employees based on respect, honesty, trust and focusing on the overall benefits of the business;

 

(ix)       focus on developing and maintaining an efficient business

 

(x)        develop a workplace based on positive environmental practices

 

6.  Structural Efficiency

 

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

 

(b)        The Company and its employees shall have a consultative committee appropriate to the size, structure and needs of the Company.  Measures raised by the Company, employees or unions consistent with the objectives of subclause (a) herein shall be processed through that consultative committee for consideration by the Company.

 

(c)        Employees shall at all times work in a manner consistent with the Company’s Occupational Health, Safety, Welfare and Rehabilitation obligations by following safe work procedures, being aware of the safety of others, and abide by safety instructions.

 

(d)        Employees shall acknowledge and work in accordance with the Company’s lawful policies and procedures in relation to the Company’s contractual, legal and administrative obligations.

 

7.  Employment Security

 

The Parties to this Award believe that the philosophy to employment security is critical and fundamental to the long term business growth and success of Mainteck and its people.  Employment security may only be achieved when all Parties are working to a common goal/s.  It is the intent of Mainteck to align its employees close to the business so that ownership together with employee empowerment will ensure best decisions are made resulting in jobs and employment security.

 

8.  Labour Flexibility

 

(a)        For the purpose of increasing productivity and flexibility, as well as enhancing career opportunities for employees, discussion shall take place with a view to reaching agreement for employees to perform a wider range of tasks, removal of demarcation barriers and participation of employees in additional training.

 

(b)        Not withstanding the provisions of subclause (a), employees shall perform a wider range of duties, within their scope of skill and competence, particularly work which is incidental or peripheral to their main tasks.

 

(c)        Employees shall perform such work as is reasonable and lawfully required of them by the employer, including accepting instruction from authorised personnel, and shall take all reasonable steps to ensure the quality, accuracy and completion of any job or task assigned to them.

 

(d)        Employees shall comply with all reasonable requests to transfer or to perform any work provided for by this award provided that it is agreed that the work lies within the scope of the skill and competence of the employee concerned.

 

(e)        Employees are employed on the basis that duties will be required to be performed within their level of competence, skills and training. In the case of a downturn in work, employees may be given an   option (in lieu of termination due to redundancy) to transfer to any of the company’s sites, workshops or locations.

 

(f)         Housekeeping, asset, plant and equipment care, controlling usage of direct and non-direct consumables are the responsibility of each employee and will be undertaken irrespective of job or skill classification as, when and where required.

 

(g)        Employees are expected to work reasonable overtime as required by the company in addition to the rostered ordinary hours.

 

(h)        To further enhance flexibility and efficiencies and allow the company to undertake work on site, and following consultation the company will have the right to engage hourly hire labour from approved providers from time to time to address peak work loads.

 

(i)         Wage rates payable to labour hire employees shall be no less than the rate of pay payable Mainteck Services Pty Ltd employees of a similar classification under the graded wage structure as per Table 1 and Table 2 of Part B.

 

(j)         Employees must use such protective clothing and equipment provided by the company for specific circumstances.

 

(k)        Employees must comply with the safety requirements of the company.

 

9.  Training

 

(a)        The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of the Company, a greater commitment to training and skill development is required.  Accordingly, the parties commit themselves to:

 

(i)         Developing a more highly skilled and flexible work force;

 

(ii)        Providing employees with career opportunities through appropriate training to acquire additional skills; and

 

(iii)       Removing barriers to the utilisation of skills acquired.

 

(b)        Following proper consultation in accordance with subclause (b) of clause 6 - Structural Efficiency, the Parties shall develop a training program consistent with:

 

(i)         The current and future skill needs of the Company;

 

(ii)        The size, structure and nature of the operations of the Company;

 

(iii)       The need to develop vocational skills relevant to the company through mutually agreed courses conducted by accredited educational institutions and providers;

 

(iv)       The need to develop/enhance skills for union delegates and committee members through mutually agreed courses run by appropriate bodies such as MTFU, TAFE, AIG or other bodies.

 

(c)

 

(i)         This clause does not apply to training that is generally not associated with (a) and / or (b) above.

 

(ii)        So far as is reasonably practicable, having regard to the operational requirements and the need to minimise labour costs additional to those of the employee’s paid ordinary hours, an employee’s training shall be undertaken during the employee’s ordinary hours of work, (including where appropriate by rescheduling those hours).

 

(iii)       The Company and the employee may mutually agree to take time off in lieu of ordinary hours when attending approved training courses outside of ordinary working hours.

 

(d)        Where, with the approval of the company an employee attends training authorised by the company, payment will be on the following basis:

 

(i)         TAFE and other externally provided courses -

 

During ordinary hours - no deduction from the employee’s ordinary wage.

 

Outside ordinary working hours - attendance and payment at single time 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.

 

(ii)        On the job training

 

during ordinary working hours - no deduction from the employee’s ordinary wages.

 

outside ordinary working hours -single time payment.

 

(iii)       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 shall be entitled to the appropriate penalty payments, or by agreement, time off in lieu. (Time off in lieu is equal time not penalty time).

 

(e)        Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the Company's technical library) incurred in connection with the undertaking of training shall be reimbursed by the Company upon production of evidence of such expenditure and provided that reimbursement shall also be on a session or annual basis subject to the presentation of reports of satisfactory progress.

 

(f)         Any dispute arising in relation to subclause (b) shall be subject to the provisions of clause 47 - Procedure for Resolving Claims, Issues and Disputes of this award.

 

10.  Team Leaders and Acting Supervisors

 

Employees appointed by the Company as acting team leaders, team leaders or acting supervisor shall be paid additional amounts as follows:

 

(a)        TEAM LEADER AND ACTING TEAM LEADER

 

(i)         If in charge of not less than three and not more than ten employees - at the rate set out in Item 3 of the said Table 2 per 38 hour week;

 

(ii)        If in charge of more than ten and not more than twenty employees - at the rate set out in Item 4 of the said Table 2 per 38 hour week;

 

(iii)       If in charge of more than twenty employees - at the rate set out in Item 5 of the said Table 2 per 38 hour week.

 

(b)        ACTING SUPERVISOR

 

(i)         If in charge of not less than three and not more than ten employees at the rate set out in Item 6 of the said Table 2 per 38 hour week;

 

(ii)        If in charge of more than ten and not more than twenty employees at the rate set out in Item 7 of the said Table 2 per 38 hour week;

 

(iii)       If in charge of more then twenty employees - at the rate set out in Item 8 of the said Table 2 per 38 hour week.

 

An employee who is required to work as an acting team leader or acting supervisor for two (2) hours of more on any day of shift, shall be paid at the higher rate for the whole day or shift.

 

11.  No Extra Claims

 

The parties agree that it is a term of this award that, no further claims will be made, either at a local or industry level to vary the terms of the award during its 3 year term of operation.

 

Having regard to the spirit and intent of this award, the parties recognise that during the currency of this award, a special anomalous or extraordinary problem may be found to exist. Such special, anomalous or extraordinary problem shall be dealt with in accordance with Clause 47 Procedure for Resolving Claims, Issues and Disputes.

 

(a)        Leave Reserved

 

Leave is reserved in respect of Clause 13, Hours of Work, for the parties to review the ordinary average hours of work per week, should there be a change in the community standard during the life of this Award.  Such a claim shall be dealt with in accordance with Clause 47 Procedure for Resolving Claims Issues or Disputes.

 

12.  Special Rates

 

Employees involved in gap checking and aligning segments or carrying out abnormal repairs inside assembled segments will be paid an additional amount per hour as contained in Item 9 of Table 2 for the actual time worked when:

 

(a)        Gap measuring; aligning the pinch roll only on any assembled segment and / or Gap measuring and aligning the rolls beyond the third roll from either end of any assembled Segment Zero.

 

(b)        Performing abnormal repairs or welding tasks within the confines of an assembled segment.

 

For site work:

 

(c)        Employees engaged in an unusually dirty or offensive capacity will be paid an additional amount per hour as contained in Item 17 of Table 2 for the actual time worked to a maximum of 6 hours per day.

 

(d)        Heat money will apply when work is performed in places where the temperature is raised by artificial means above 49 degrees Celcius. The amount per hour is contained in Item 18 of Table 2.

 

(e)        A confined space allowance as shown in Item 19 of Table 2 will be paid when an employee is required to work in a compartment, space or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation.

 

(f)         An "On Site Allowance" as shown in Item 20 Table 2 will be paid when an employee is required to work on the Bluescope Steel Port Kembla Steelworks site.

 

13.  Hours of Work

 

(a)        ALL EMPLOYEES

 

Ordinary working hours shall be an average of thirty eight hours per week over the full cycle of the relevant work roster.  Ordinary working hours shall not exceed:

 

(i)         eight during any consecutive twenty-four hours; or

 

(ii)        152 in twenty-eight 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.

 

(b)        DAY WORKERS

 

Ordinary working hours shall be worked Monday to Friday, inclusive, between the hours of 6.00am and 6.00pm except  for a meal break.

 

(c)        MEAL BREAK

 

Twenty minutes shall be allowed each day or shift to enable employees to take a meal which shall count as time worked.

 

(d)        EXTENSIVE HOURS OF WORK

 

The parties recognise that long working days on a regular basis may not be conducive to a safe, healthy and productive work environment. Where hours on any day worked exceed the rostered hours they shall be subject to:

 

(i)         Appropriate health monitoring procedures being introduced

 

(ii)        Suitable roster arrangements being made

 

(iii)       Proper supervision being provided

 

(iv)       Adequate breaks being provided

 

14.  Shift Work Allowances for Shift Workers

 

(a)        Shift workers shall be paid, in addition to the rates payable under this award, a shift work allowance.

 

(i)         Shift workers whilst working a rotating five day, afternoon and night shift roster - shall be paid the amount as set out in Item 10 of the said Table 2 per 38 hour week.

 

Where a roster system does not provide for at least one-third of his / her working time in the full cycle of the roster being day shift, the employee shall be paid an additional shift allowance amount as set out in Item 11 of the said Table 2 per 38 hour week.

 

(ii)        Shift workers whilst working day, afternoon; or day, night; shift work which involves regular weekly changes shall be paid the respective amount as set out in Item 12 of the said Table 2 per 38 hour week.

 

(iii)       Shift workers whilst working shift work on shift systems as follows:

 

(1)        Night shift, afternoon shift

 

(2)        Night shift only

 

(3)        Afternoon shift only

 

at the amount as set out in Item 13 of the said Table 2 per 38 hour week for all ordinary shifts worked.

 

(iv)       Shift workers who work any afternoon or night shift other than under the shift systems set out in paragraphs (a), (b), (c)., and (d)., of this subclause shall be paid the amount as set out in Item 14 of the said Table 2 per shift for each shift worked.

 

(b)        "Night Shift" means any shift finishing after midnight and at or before 8.00am.

 

15.  Saturday Rates for Shift Workers

 

Shift workers for their ordinary shifts of eight hours performed on Saturday shall be paid at the rate of time and a half.

 

16.  Night Work for Day Workers

 

(a)        Subject to Clause 24, Maximum Payment, but otherwise notwithstanding anything contained herein:

 

(i)         a day worker who is required in lieu of ordinary day work, or

 

(ii)        a day worker who is required in lieu of a day shift on which he / she would ordinarily be rostered, to work at night for periods of not less than eight hours on less than five consecutive nights or on less than four consecutive nights when the fifth night is his 38 hour week rostered off night shall be paid at the rate of time and one half of the ordinary rate of pay under Clause 2, Rates of Pay, of this award, except:

 

(iii)       on Saturdays, Sundays, 38 hour week rostered off days and holidays, and

 

(iv)       in respect of any night in respect of which he/she has not been given at least 38 hours' notice; when he/she shall be paid at overtime rates for day workers.  No shift allowance is payable in respect of night work under this clause.

 

17.  Transfer of Day Workers from Day Work to Shift Work

 

Day workers may be employed as and become shift workers for a period of not less than five shifts or not less than four shifts when the fifth shift is his 38 hour week rostered off shift and paid accordingly.

 

Provided that an employee shall be paid at overtime rates for any shift upon which he/she is employed as a shift worker under this clause in respect of which he/she has not been given at least 48 hours' notice.

 

18.  Transfer of Shift Workers

 

A shift worker who is required to work on a shift other than the shift on which he/she would ordinarily be rostered shall be paid at overtime rates for any such shift in respect of which he/she has not been given at least 48 hours' notice.  This provision shall not apply when the employee reverts to the shift on which he/she

 

would ordinarily have been rostered.

 

19.  Overtime

 

(a)        DAY WORKERS

 

(i)         Day workers for all time worked in excess of or outside the ordinary working hours and time prescribed by this award shall be paid at a rate of time and one half for the first two hours and at the rate of double time thereafter.

 

(ii)        Except in the case of urgent breakdown work necessary to secure an immediate resumption of operations overtime shall be paid for all time worked in excess of five hours without a meal break.

 

(b)        SHIFT WORKERS

 

Shift workers for all time worked:

 

(i)         in excess of the ordinary working shift hours prescribed by this award, or

 

(ii)        on more than eleven shifts in twelve consecutive days; or

 

(iii)       on a rostered shift off; or

 

(iv)       in excess of five-and-one-half hours without a crib break, shall be paid at the rate of time and one half for the first two hours and at the rate of double time thereafter.  This clause shall not apply when the time is worked:

 

(1)        by arrangement between the employees themselves; or

 

(2)        for the purpose of effecting the customary rotation of shifts.

 

(c)        General

 

(i)         Where overtime work is necessary it shall, wherever reasonably practicable, be so arranged that  employees have at least eight consecutive hours off duty between the work of successive days.  An employee who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he/she has not had at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/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 such eight consecutive hours off duty he/she shall be paid at double rate until he / she is released from duty for such period and he / she then shall be entitled to be absent until he / she has had eight consecutive hours off duty, without loss of pay, for ordinary working time occurring during such period.

 

Where immediately after taking an eight hour rest period pursuant to this subclause, an employee is required to report for work at other than his / her ordinary day or shift commencing time and reasonable means of transport are not available to him / her, the company shall convey him / her or supply him / her with conveyance to the works.

 

(ii)        A day worker, required to work on a Saturday, Sunday, a 38 hour week rostered day off or a holiday, or a Monday to Saturday shift worker required to work on a Sunday, a 38 hour week rostered day off or a holiday, shall be paid for a minimum of four hours' work.  Provided that an employee recalled from his/her home to work overtime shall be paid for a minimum of four hours' work.  When the actual time worked is of shorter duration than the applicable minimum specified in this paragraph the working period shall not be regarded as overtime for the purpose of paragraph (a) in this subclause. The day worker shall be entitled to a 20 minute paid crib break.

 

(iii)       An employee required to continue at work on overtime for more than one-and-a-half hours after his/her ordinary ceasing time without having been notified before leaving his/her work on the previous day that he/she would be required to work overtime shall be paid the amount as set out in Item 15 of the said Table 2 for such meal and any subsequent meal.  For the purpose of this clause there is an entitlement to a subsequent meal break after four hours overtime.

 

(iv)       If an employee pursuant to notice, has provided a meal and is not required to work overtime or is required to work less than one-and-a-half hours he/she shall be recompensed suitably for the meal which he/she has provided but which is surplus.

 

(v)        A fraction of a quarter of an hour of overtime shall count as a quarter of an hour if more than five minutes thereof have been worked.

 

(vi)       Where an employee working overtime finishes work at a time when reasonable means of transport are not available to him/her the company shall within a reasonable time convey him/her to his/her home or by agreement to a place to which he/she usually travels to or by public conveyance when returning home from work.

 

(vii)      An employee who is recalled from his/her home to work overtime shall be paid the amount as set out in Item 16 of the said Table 2 for such meal and each subsequent meal. In the case where the employee is recalled for immediate return to work overtime pay shall commence from the time the employee is notified, provided the travel time is reasonable.  This clause shall not apply to employees contacted at home in accordance with the existing overtime allocation procedure unless the overtime is required on the day of contact.

 

(viii)     The provisions of this clause shall over ride all previous meal allowance arrangements.

 

20.  Requirements to Work in Accordance With the Needs of the Enterprise

 

(a)        The Company may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.  The assignment of overtime shall be based on specific work requirements and the practice of "one in, all in" overtime shall not apply.

 

(b)        Subject to Clause 17, Transfer of Day Workers from Day Work to Shift Work, and Clause 18, Transfer of Shift Workers, for the purpose of meeting the needs of the industry the company may require any employee to transfer from one system of work to another system of work prescribed by this award at the rate applicable thereto and, unless reasonable cause exists, an employee shall transfer in accordance with such requirement.

 

21.  Holidays

 

(a)        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 union’s picnic day (AMWU & AWU - FIMEE, Port Kembla Branch) if any, are observed and special days appointed by proclamation as public holidays throughout the State shall be holidays and day workers and Monday to Saturday shift workers not required to work on a holiday shall be paid for the holiday at the ordinary rates of pay under Clause 2, Rates of Pay of this award.

 

(b)        This provision for payment does not apply to:

 

(i)         Employees (with the exception of seven day shift workers) not rostered for work on the said holiday.

 

(ii)        employees absent without leave or reasonable excuse on the working day preceding or the working day succeeding a holiday or group of holidays.

 

(c)        A seven day shift worker who is rostered off duty on a day which is a holiday shall be paid, in the pay for the period in which the holiday falls, for the holiday at the rate payable pursuant to subclause (i) of this clause or alternately have this day added to their next period of leave.

 

22.  Sunday and Holiday Rates

 

(a)        Employees shall be paid at the rate of double time for all work done on Sundays and at a rate of double time and one half for all work done on the holidays prescribed by this award.

 

(b)        Day shift or afternoon shift commencing on a Sunday or holiday shall be paid for at the Sunday or holiday rates throughout, and for a night shift, the shift commencing immediately before midnight on the day prior to the Sunday or Holidays shall attract the Sunday or Holiday rate.

 

23.  - Shift Workers Whose Working Period Includes Sundays and Holidays as Ordinary Working Days

 

No working period shall include Sundays and holidays as ordinary working days except for seven day shift workers.

 

24.  Maximum Payment

 

Shift allowance and special rates shall not be subject to any premium or penalty additions.

 

25.  Employees Presenting Themselves for Work and Not Required

 

Subject to the provisions of Clause 34,Contract of Employment, an employee who presents himself/herself for his/her ordinary work or rostered overtime shift and is advised without notice, that he/she is not required shall be paid four (4) hours at the normal time rate.

 

26.  Sick Pay

 

(a)        An employee who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own serious and wilful misconduct shall be entitled to be paid at ordinary time rates of pay which would have been payable if he/she had attended for duty, for the time of such non-attendance subject to the following:

 

(i)         he/she shall not be entitled to be paid leave of absence for any period in respect of which he/she is entitled to workers' compensation;

 

(ii)        he/she shall, where practicable, prior to the normal shift commencement time, or in any case, on the day of the non attendance, inform, or arrange for the company to be informed, of his / her inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the same.

 

(iii)       he/she shall prove to the satisfaction of the company, or, in the event of a dispute, the Industrial Commission of New South Wales, that he/she is or was unable, on account of such illness or incapacity, to attend for duty on the day or days for which payment under this clause is claimed. For the purposes of this clause medical proof shall not be required for the first two single day absences in any one sick leave year.

 

(iv)       the number of ordinary working hours referred to in paragraph (iv) of this subclause shall be:

 

(1)        in the case of an employee with less than 1 year’s continued employment - 40 hours.

 

(2)        in the case of an employee with 1 or more year’s continued employment but less than 10 years continued employment - 64 hours.

 

(3)        in the case of an employee with 10 or more year’s continued employment - 80 hours.

 

(v)        The rights under this clause shall accumulate from year to year so long as the employment continues with the company, whether under this award or any award, so that any part of the number of ordinary working hours specified in paragraph (iv) of subclause (a) of this clause which has not been allowed in any year may be claimed by the employee and shall be allowed by the company, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.

 

27.  Personal/Carer’s Leave

 

(a)        Use of sick leave

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (1) and (2) of paragraph (iii), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 26, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for a part of a day.

 

(ii)        The employee shall, 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.

 

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

 

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

 

(2)        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; 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), a grand parent, grand child 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:

 

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

 

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

 

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

 

(iv)       An employee shall, wherever practicable, give the employee 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 the absence. If it is not practicable for the employee to give prior notice of the absence, the employee shall notify the employer by phone of such absence at the first opportunity on/ the day of absence.

 

(b)        Unpaid leave for family purposes

 

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 (2) of the paragraph (iii) of subclause (a) who is ill.

 

(c)        Annual leave

 

(i)         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.

 

(ii)        Access to annual leave, as prescribed by (i) of this subclause, shall be exclusive to any shutdown period if provided for elsewhere in this award.

 

(iii)       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.

 

(d)        time off in lieu of payment for overtime

 

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

 

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

 

(iii)       If, having elected to take time as leave in accordance with paragraph (i) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or at termination.

 

(iv)       Where no election is made in accordance with the said paragraph (i), the employee shall be paid overtime rates in accordance with this award.

 

(e)        make-up time

 

(i)         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 this award, at the ordinary rate of pay.

 

(ii)        An employee on shift work 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 employee and employer, or subject to reasonable notice by the employee to the employer.

 

(f)         rostered days off

 

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

 

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

 

(iii)       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 employee and employer, or subject to reasonable notice by the employee to the employer.

 

(iv)       This subclause is subject to the employer informing each union which is both party to this 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 negotiation.

 

28.  Annual Leave

 

(a)        Day Workers and Monday to Saturday Shift Workers: For annual leave provisions see NSW Annual Holidays Act 1944.

 

(b)        Shift Workers under Clause 23 Shift Workers whose working period includes Sundays and Holidays as Ordinary Working Days:

 

(i)         In addition to the benefits provided by Section 3 of the NSW Annual Holidays Act 1944, with respect to an annual holiday of four weeks an employee who, during the year of his employment with the company with respect to which he / she becomes entitled to the said annual holiday of four weeks, gives service to the company as a seven-day shift worker under the said Clause 23, shall be entitled to the additional leave as below specified:

 

(1)        If during the year of his employment he/she has served the Company continuously as such seven-day shift worker the additional leave with respect to that year shall be one week.

 

(2)        Subject to subparagraph (4), of this paragraph, if during the year of his/her employment he/she has served for only portion of it as such seven-day shift worker the additional leave shall be one day for every thirty three ordinary shifts worked as a seven-day shift worker.

 

(3)        Subject to subparagraph (4), of this paragraph, an employee shall be paid for such additional leave at the annual leave rate of pay, for the number of ordinary hours of work for which such employee would have been rostered for duty during the period of additional leave had such employee not been on such additional leave.

 

(4)        Where the additional leave calculated under 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.

 

(5)        In this clause reference to one week and one day include holidays and non-working days.

 

(ii)        Where the employment of a worker has been terminated and he/she thereby 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/she also shall be entitled to an additional payment of three and one-half hours at the annual leave rate of pay with respect to such twenty-one shifts of service as such seven-day shift worker which he/she has rendered during such period of employment.

 

(c)        All employees - Annual Leave Loading:

 

In respect of a period of annual leave an employee shall be paid a loading of 20 per cent of his/her award rate of pay for ordinary time at the commencement of his/her annual leave as prescribed by: Clause 2, Rates of Pay; Clause 10, Team Leaders and Acting Supervisors.

 

Provided, that an employee who would have worked on shift work had he / she not been on annual leave shall be paid whichever is the greater of the said loading, or the shift work allowances pursuant to Clause 14, Shift Work Allowances for Shift Workers, and the weekend penalty rates pursuant to Clause 15, Saturday Rates for Shift workers, and (in respect of Sundays only) Clause 22, Sunday and Holiday Rates, of this award that would have been payable to him / her in respect of ordinary time during his/her period of annual leave had he/she not been on annual leave.

 

The loading prescribed by this subclause shall apply to payment in lieu of a fully due annual holiday on termination of employment, but shall not apply to proportionate annual holiday payment on termination of employment.

 

29.  Days Added to the Period of Annual Leave

 

(i)         In respect of any holiday prescribed by this award which falls within the period of annual leave or long service leave to which an employee is entitled under this award, one day shall be added to his/her annual leave period or long service leave period.

 

(ii)        Any day or days added in the case of annual leave shall be paid for at the annual leave rate of pay and in the case of long service leave shall be paid for at the long service rate of pay.

 

(iii)       Any day or days added in accordance with subclause (i) of this clause, shall be the working day or working days immediately following the period of annual leave or long service leave respectively to which the employee is entitled under Clause 28, Annual Leave or Clause 30, Long Service Leave.

 

30.  Long Service Leave

 

Long service leave will accrue at the rate of 13 weeks long service leave after 10 years continuous service. This rate of accrual is not retrospective and applies only to long service leave accrued from the 5th February 2004.

 

31.  Jury Service

 

An employee required to attend for jury service:

 

(a)        During his/her ordinary working hours; or

 

(b)        Immediately following an ordinary night shift or immediately preceding 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, as the case may be: shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and his/her ordinary time rate of pay which would have been payable in respect of the ordinary time he/she would have worked had he/she not attended for jury service.

 

(c)        An employee shall notify the Company as soon as possible of the date upon which he/she is required to attend for jury service. 

 

(d)        Further, the employee shall give the Company proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.

 

(e)        It is expected that if an employee is discharged from Jury duty that they return to work to complete the remainder of their shift.

 

32.  Compassionate Leave

 

(i)         An employee, other than a casual employee, shall 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 (iii) of this clause.

 

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

 

(iii)       Compassionate 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 sub paragraph (2) of paragraph (iii) of subclause (a) of clause 27, 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.

 

(iv)       In addition to those persons described in paragraph (iii), compassionate leave is also available to the employee in respect to the death of a mother-in-law or father-in-law.

 

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

 

(vi)       Compassionate leave may be taken in conjunction with other leave available under subclauses (b), (c), (d), (e) and (f) of the said clause 27.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

33.  Parental Leave

 

Refer to Part 4 - Parental Leave of the NSW Industrial Relations Act (1996).

 

34.  Contract of Employment

 

In order to terminate the employment of an employee the employer shall give to the employee the following notice or provide the following payment in lieu of notice:

 

(a)        Subject as provided for elsewhere in this award employment shall be on a weekly basis.

 

(b)        New employees will be subject to a three month probation period. Employment of employees on probation for the first four weeks of service shall be from day to day at the weekly rate fixed, determinable at a day's notice.

 

(c)        Employees shall perform such work as the Company shall, from time to time, reasonably require and an employee not attending for or not performing his duty shall, except as provided by the leave provisions of this award, lose his pay for the actual time of such non-attendance or non-performance.

 

(d)        In order to terminate the employment of an employee the employer shall give to the employee the following notice or provide the following payment in lieu of notice:

 

 

Employees over 45 years of age at the time of the giving of the notice with not less that two years continuous service, shall be entitled to one additional weeks notice.

 

The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

 

If an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

(e)        This clause shall 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.

 

(f)         This clause shall not affect the right of the Company to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct and in such cases wages shall be payable up to the time of dismissal only, provided that:

 

(i)         No employee shall be dismissed without notice before an adequate investigation of the circumstances of the alleged offence has been made.

 

(ii)        Any decision as to the dismissal of an employee without notice shall be made by the Manager of the department to which the employee is attached.

 

(iii)       When a Manager decides to dismiss an employee without notice the Manager shall so tell the employee and give the employee the reasons for the dismissal without notice.

 

(iv)       If immediately following a dismissal without notice the dismissed employee, or his/her delegate, tells the Manager that the dismissal will be contested:

 

(1)        The dismissal shall take effect seven calendar days from the time that the employee was told of his/her dismissal, and

 

(2)        During these 7 calendar days, the employee shall be stood down without pay.

 

35.  Introduction of Change

 

(a)        Company's duty to notify

 

(i)         Where the Company 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, the Company shall notify the employees who may be affected by the proposed changes and their employee representatives.

 

(ii)        "Significant effects" include termination of employment, major changes in the composition, operation or size of the Company's work force 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 retraining or transfer of employees to other work or locations and the restructuring of jobs.  Provided that where the award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

 

(b)        Company's duty to discuss change

 

(i)         The Company shall discuss with the employees affected and their employee representatives, the introduction of the changes referred to in subclause (a) hereof, the effects the changes are likely to have on employees, 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 their representatives in relation to the changes.

 

(ii)        The discussions shall commence as early as practicable after a definite decision has been made by the Company to make the changes referred to in subclause (a) hereof.

 

(iii)       For the purposes of such discussion, the Company shall provide in writing to the employees concerned and their employee representatives, 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 the company shall not be required to disclose confidential information the disclosure of which would be inimical to the Company's interests.

 

36.  Redundancy

 

This clause shall apply 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 employer's enterprise and not to the conduct of the employees.

 

(a)

 

(i)         The company is obliged to inform the employee representatives and the company's employees who may be affected by any retrenchments, as soon as the company becomes aware that the retrenchments are necessary, of the facts and circumstances of the proposed retrenchments.

 

(ii)        The Company will seek to call for volunteers, where possible, before any forced redundancies take place.

 

(iii)       In addition to the period of notice prescribed for ordinary termination in subclause 31(d) an employee whose employment is terminated for reasons set out in paragraph (a)(i) hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service:-

 

 

Weeks pay, means the ordinary time rate of pay for the employee concerned.

 

(iv)       Where an employee is transferred to lower paid duties as a result of reasons set  out in this clause the employee shall be entitled to the same period of notice of transfer as he/she would have been entitled to if his/her employment had been terminated, and the employer may, at the employer’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 rate of pay for the weeks still owing.

 

(v)        During the period of notice an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

37.  Superannuation

 

(a)        Definitions

 

(i)         "Eligible Employee" means an employee who is or becomes a member of the superannuation fund selected in accordance with subclause (c) hereof and who is a weekly employee with not less than 4 week's continuous service with the employer.

 

(ii)        "Ordinary Time Earnings" means an employee's award classification rate, any overaward payment, tool allowance, leading hand allowance and shift loading including weekend and public holiday rates where the shift worked is part of the employee's ordinary hours of work.

 

(iii)       "Act means the Occupational Superannuation Standards Act, 1987".

 

(iv)       "Regulations" mean the Occupational Superannuation Standards Regulations.

 

(b)        Contributions

 

(i)         Subject to subclauses (d) and (e) hereof, the employer shall contribute to a superannuation fund which complies with the Act and Regulations on behalf of each eligible employee, a superannuation contribution being an amount consistent with the requirements of the Superannuation Guarantee Legislation.

 

(1)        upon completion of the qualifying periods specified in subclause 1 and contributions on behalf of each eligible employee shall apply from the date of the employee's commencement of employment with the employer subject to the operative date of this award; and provided that:

 

(2)        the benefits by the fund selected in accordance with subclause 3 hereof and of which the employee is a member, may be improved such that the improvements are equivalent to the value of contributions required to be made by paragraph (1) hereof and are in accordance with the Act and Regulations.

 

(ii)        the contributions required herein shall be made to the relevant fund selected in accordance with clause (c) hereof in the manner and at the times specified by the terms of the fund or any agreement between the employer and the trustees of the fund.

 

(iii)       Employees may voluntarily elect to contribute an additional proportion of their wages to their nominated superannuation fund. To do so an employee must notify Mainteck Services Pty Ltd in writing.

 

(c)        Superannuation Fund

 

(i)         The employer shall make the superannuation contributions or improvements pursuant to this award to any fund agreed between the employer and the Superannuation Policy Committee, provided that such fund complies with the Act and Regulations.

 

(d)        Fund Membership

 

The employer shall make the employee aware of his/her entitlements under this award and offer the employee the opportunity to become a member of the appropriate fund in accordance with subclause (c) hereof.  An employee shall be required to properly complete the necessary application forms to become a member of the appropriate fund in order to be entitled to the contributions prescribed in subclause (b) hereof.

 

(e)        Absence From Work

 

(i)         Paid leave

 

Contributions shall continue whilst a member of a fund is absent on paid leave such as annual leave, long service leave, public holidays, jury service, sick leave and bereavement leave.

 

(ii)        Unpaid Leave

 

Contributions shall not be required to be made in respect of absence from work without pay.

 

(iii)       Work Related Injury and  Sickness

 

In the event of an eligible employee's absence from work due to work related injury or sickness, contributions shall continue for the period of the absence (subject to a maximum of 52 weeks total absence for each injury or sickness) provided that the member of the fund (employee) is receiving payments in accordance with the provisions of an award or an industrial agreement with accident pay.

 

38.  Definitions

 

(a)        Day workers are employees, other than shift workers, and include employees on night work within Clause 16, Night Work for Day Workers and Day Shift Workers.

 

(b)        Shift workers are employees working on a one, two, or three shift system.

 

(c)        Monday to Saturday shift workers are shift workers whose ordinary working hours are worked between Monday to Saturday.

 

(d)        For shift workers each day, including Sunday and holidays, shall be deemed to commence at 10.50 pm on the preceding day.

 

(e)        A "Team Leader" is an employee who is responsible to management for the performance of his/her allocated "team" or group of employees to carry out specified tasks, and/or undertake normal duties within the assigned or designated parameters.  Assigned or designated parameters includes but is not limited to company quality control procedures, company safety procedures and customers delivery schedules.

 

(f)         An "Acting Supervisor" is an employee who is directed by management for the performance of his/her work shift in the absence of a salaried supervisor for periods of time in excess of two hours.

 

39.  Time and Payment of Wages

 

(a)        All wages shall be paid fortnightly directly into the employee’s nominated financial institution account.

 

(b)        Each pay period shall commence with night shift on Saturday evening.

 

(c)        The provision of subclauses (a) and (b) of this clause shall not have application in circumstances where it is not reasonably practicable for the Company to comply with its obligations thereunder on account of causes for which it cannot reasonably be held responsible.  Proof of the existence of such circumstances shall lie upon the Company.

 

In such circumstances the Company shall pay wages as soon as it is reasonably practicable for it to do so.

 

(d)        Any variation of this award expressed to operate from the beginning of a pay period shall operate as if each fortnightly pay period comprises two separate weekly pay periods.

 

40.  Blood Donations

 

Mainteck will promote employee participation in blood donation programmes.  Mainteck shall also pursue ways for employees to actually donate blood with minimum disruption to its business.

 

41.  Income Protection Insurance

 

Permanent Employees of Mainteck Services engaged pursuant to this Award shall be provided with Income Protection Insurance under the following terms and conditions

 

A qualifying period of 14 Days

 

The insurance cover benefits payable will be applied for a maximum period of two years

 

Mainteck Services will contribute up to 2% of an employee’s gross earnings to an income insurance plan, subject to the following:

 

1.          In the event that the claims experience requires a review of the insurance plan, the adjustment will be to plan and not the Company’s insurance premium.  Alternatively, employees may elect to supplement any additional premium by deduction from their pay

 

2.          People accessing the insurance plan will agree to participate in the rehabilitation program, which includes assessment by the company’s nominated medical services provider

 

42.  Protective Clothing and Equipment

 

(i)         It is a requirement that employees wear authorised Mainteck Services issued clothing/uniform, and appropriated personal protective equipment including steel capped boots

 

(ii)        On engagement, full time employees shall be issues with one (1) pair of safety boots, four (4) shirts, four (4) trousers and one (1) jacket

 

(iii)       On an annual basis after twelve (12) months continuous service, full time employees shall be entitled to one (1) pair of safety boots, two (2) shirts, two (2) trousers, and one (1) jacket every 2 years.

 

(iv)       Employees, who leave within the probationary period (3 months), shall reimburse the company for clothing and personal protective equipment as per the letter of  "offer for employment".

 

(v)        Clothing and footwear provided by Mainteck Services shall be replaced by the Company on a fair wear and tear basis after approval from the appropriate supervisor.

 

(vi)       It is a condition of employment that clothing/uniforms provided by the Company to employees be worn at all times during working hours.  Employees failing to comply with this request will be managed through the Issue Resolution process as a non performance issue.

 

(vii)      Records of the type of clothing issued to employees will be recorded by the Company.

 

(viii)     Clothing will be worn for 2 days before washing - laundry/repair service has been clothes are collected from a dirty clothes bin on Wed & Fri and delivered back to the crib room.

 

43.  Alcohol and Other Drugs Policy

 

Mainteck Services Australia Pty Ltd considers the Health and Safety of all employees to be of the utmost importance. Persons affected by alcohol or other drugs are a safety hazard to themselves and other persons at the workplace.

 

It is the policy of Mainteck that a person affected by alcohol or other drugs will not be allowed to commence work until that person can demonstrate that they can work in a safe manner.

 

The decision on a person’s ability to work in a safe manner will be made by a peer present at the time. An employee representative, a member of the OH&S Committee or supervisor may be called to assist in the decision should it be deemed necessary.

 

If there is no cooperation the relevant employee representative and a management representative must become involved. If either of these people are not available the senior Mainteck person on site will manage the situation.

 

Suitable arrangements must be made to ensure the person’s safety when leaving the site. If this involves payment of a taxi fare the company will be liable for the costs.

 

Wages may not be paid from the time that the person is informed to leave the site by an authorised person. Where loss of wages and/or any other expenses may be involved the appropriate union delegate should be informed.

 

The employee will be referred to an employee assistance programme as appropriate.

 

Testing of employees for alcohol and other drugs may be undertaken where a person is suspected to be acting in an unsafe manner due to the influence of alcohol or other drugs or following a significant safety incident.

 

44.  Employee Representatives

 

The Company shall give recognition to an employee who is the delegate representing the employees in a shop or department where he/she is employed and he/she shall be allowed the necessary time to interview the Company or its representatives during working hours, in the case of a dispute affecting employees in his/her shop or department, provided that the Company shall not be bound to give recognition as employee representatives to any employee in respect of whom a written notification has not been received from the employees concerned advising of the person’s election as an employee representative.  The Company shall, upon request, provide each recognised employee representative  with a suitable locker for the purpose of storing relevant material at the workplace.

 

45.  Occupational Health and Safety

 

All parties to this Award are committed to creating and maintaining a safe working environment as a priority to ensure that everyone involved in our work returns to their homes in the same condition as they left them. The Parties will focus on the continued development and review of an Operations Safety Plan that includes, but is not limited to the following:

 

Risk Assessments

 

Job Safety Analysis (JSA)

 

Toolbox safety meetings

 

Hazardous Substances

 

Personal Protective Equipment

 

Communication and Organisational Learning

 

Routine Inspection

 

Routine Inspection and Evaluation

 

Safety Audits

 

Fitness for Work, Drugs and Alcohol

 

Incident Response

 

Injury Management and rehabilitation

 

It is a condition of employment that employees comply with the obligations and responsibilities contained within the Operations Safety Plan.

 

The Parties to this Award will work together to minimise any harmful effect on the environment.

 

The parties to this Award agree to adopt the following principles as a sole guide to handling safety issues:

 

(i)         that all employees shall act in good faith and co-operate to find or create a safe environment so that work may continue;

 

(ii)        that should a portion of a job be affected by safety issues, all other employees not so affected shall continue to work;

 

(iii)       that should a portion of a job be affected by safety issues, employees so affected shall accept transfer to another work location on the site if, in the opinion of the company, useful work is available in that area, other site or place of work and that work is within the scope of the employees' skill and competency.

 

46.  Formal Discipline/Warning Procedure

 

All parties support the attainment of high levels of performance, and are committed to encouraging and supporting employees to achieve this. However, in the case of an employee’s poor performance, the following procedure will apply.

 

(a)        COUNSELLING

 

The employee will be counselled by the Supervisor, in the presence of an employee nominated witness or where appropriate, an employee representative.  This counselling will be recorded on the employee's personnel file and is an attempt to correct or modify inappropriate behaviour.

 

(b)        FIRST WRITTEN WARNING

 

The employee will be firmly counselled by the Supervisor in the presence of an employee nominated witness or where appropriate, an employee representative, in a second attempt to correct inappropriate behaviour.  The employee will be issued with a written warning that  continuation of such behaviour could ultimately lead to dismissal.  This warning will be recorded in the employee's personnel file.

 

(c)        FINAL WRITTEN WARNING

 

The employee is given a formal written warning by the relevant Manager in the presence of an employee nominated witness or, where appropriate, an employee representative.  They will be informed that repetition of the misconduct will lead to termination of employment.  A copy of the warning will be recorded on the employee's personnel file.

 

(d)        TERMINATION

 

After conducting disciplinary interviews to enable investigation of all the facts and give the employee a proper opportunity to offer an explanation or answer allegations, it is open to management to dismiss the employee either with or without notice, in accordance with all relevant legislation.

 

Before any termination takes place, the parties will confer as to what steps need to be taken to resolve the issue to the satisfaction of the parties.

 

(e)        PERFORMANCE MONITORING

 

The company may wish to monitor the employee’s performance on a regular basis throughout any such disciplinary matter.

 

At all stages of this procedure an employee may utilise the Procedure for Resolving Claims, Issues and Disputes in this Award if the employee so requires.

 

(f)         SERIOUS & WILFUL MISCONDUCT

 

Nothing in the above procedure removes the rights of Mainteck Services to summarily dismiss an employee in a case of serious and wilful misconduct.

 

47.  Procedure for Resolving Claims, Issues and Disputes

 

The objectives of this procedure shall be to promote the resolution of disputes 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 consequential loss of production and wages.  Included in this clause are issues arising from policies and procedures implemented by the Company from time to time.

 

(a)        Claims, Issues and Disputes

 

(i)         Employee(s) and/or their representatives 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 representative(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.

 

(ii)        Failing agreement, employee(s) and/or their representative(s) will place the claim, issue or dispute before the Manager or his/her deputy.  The Manager or his/her deputy will take all reasonable steps to reply to the employee(s) and/or representative(s) as soon as possible.

 

(iii)       Not withstanding paragraph (i) and (ii), claims, issues or disputes may be referred to the Consultative Committee who shall make recommendations as to solutions to resolving the claim, issue or dispute.

 

(iv)       Failing agreement, the matter shall be fully reviewed by Management and the employee representatives involved and all reasonable steps shall be taken to resolve the matter.

 

(v)        Failing agreement, the claim, issue or dispute shall be referred to an appropriate third party for resolution. This may include the relevant Industrial Relations Commission.

 

(vi)       The procedures in (i) and (ii) above 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 employee representatives. As necessary the appropriate government authority will be involved.

 

(vii)      Whilst the above procedure is being affected, the status quo existing immediately prior to the matter giving rise to the dispute will remain without stoppage or the imposition of any ban, limitation or restriction.  Normal safe work shall continue.  No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

 

48.  Employee Entitlements/Redundancy

 

The Redundancy provisions for Mainteck Employees will be managed and guaranteed by Mainteck.  The company shall comply with legislation as varied from time to time, that governs the rights and obligations of the parties.

 

49.  Transmission of Business

 

(a)        Adequate Alternate Employment

 

An employer in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains adequate alternative employment for an employee.

 

This provision does not apply to circumstances involving transmission of business as set out in (b)

 

(b)        Transmission of Business

 

The provisions of Clause 35 (Redundancy) of this Award are not applicable where a business is before or after the date of this agreement, 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:

 

(i)         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

 

(ii)        Where the employee rejects an offer of employment with the transmittee:

 

In which 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 transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

 

(c)        The Commission may vary (b)(ii) if it is satisfied that this provision would operate unfairly in a particular case.

 

50.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTES -

 

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

 

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

 

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

 

51.  Area, Incidence and Duration

 

This award shall apply to all work performed for the slabmaking (BOS/Caster) department at Bluescope Steel - Port Kembla by Mainteck Services Pty. Ltd.

 

The parties to this Award are:

 

(a)        Mainteck Services Pty Ltd, 20 - 24 Flinders Street, Port Kembla, NSW 2505.

 

(b)        Employees of Mainteck Services Pty Ltd who are employed to work at the Slab Caster Workshop, on site at Bluescope Steel Port Kembla Steelworks whether members of the organisation of employees listed in subclause (c) hereof or not; and

 

(c)        The organisations that represent the employees defined in (b) namely

 

(i)         Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

 

(ii)        The Australian Workers Union

 

(iii)       Electrical Trades Union

 

This award shall not apply to:

 

(a)        employees on the clerical staff

 

(b)        employees on salaried staff.

 

This award rescinds and replaces the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Industrial Award published 28 January 2005 (348 I.G. 222) and shall take effect from the beginning of the first pay period to commence on or after 20 January 2006 and shall remain in force for a period of three years from the date of operation.

 

PART B

 

SCHEDULE 1

 

MONETARY RATES

 

Basic Wage for Adult employee per week $121.40

 

Table 1 - Rates of Pay per 38 hour week

 

 

Above rates include a tool allowance of $12.80 per week (from Jan 2007)

 

 

Above rates include a tool allowance of $12.80 per week and Electrical Licence of $30.60 per week (from January2007)

 

 

Apprentices (4 year term)

 

 

Above rates also include relevant % of Tool Allowance for each year

 

Table 2 - Allowances

 

 

 

 

M. J. WALTON J, Vice-President

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.