new south wales industrial gazette · coles myer logistics pty ltd goulburn and somersby d.c....

Vol. 352, Part 5 29 July 2005 Pages 794 - 1106

NEW SOUTH WALES

INDUSTRIAL GAZETTE

Printed by the authority of the Industrial Registrar

50 Phillip Street, Sydney, N.S.W. ISSN 0028-677X

CONTENTS

Vol. 352, Part 5 29 July 2005

Pages 794 - 1106

Page

Awards and Determinations -

Awards Made or Varied -

A W Edwards Pty Limited Epping to Chatswood Rail Link Stat-East Works Project

(AIRC)

932

Advertising Sales Representatives (Sydney Daily Newspapers) (VSW) 1094 Boral St Peters Terminal (State) (RIRC) 833 Coles Myer Logistics Pty Ltd Goulburn and Somersby D.C. Consolidated Award 2004

(AIRC)

847

Crown Employees (Education Employees Department of Corrective Services) Consent Award 2004

(ERR)

1095

Goldenfields Water County Council Enterprise Award 2004 (AIRC) 955 John Holland Pty Ltd Woolworths Wyong Regional Distribution Centre Project Award 2004

(AIRC)

1032

M5 East - Operators Award 2005 (AIRC) 892 P & O Cold Logistics Limited (NSW) Enterprise Award 2003 (AIRC) 1054 Project Waratah Construction Consent Award 2005 (AIRC) 1010 Quality Bakers Australia Pty Limited (NSW) Enterprise Award 2002 (AIRC) 971 Roofing Tile Makers (State) (RIRC) 804 Turner Stephens Group - NUW Consent Award 2005 (AIRC) 1090 Tweed Ultima Project Award 2005 (AIRC) 912 Woolworth's Supermarkets and Warehouse Administration (State) (AIRC) 871

State Wage Case 2005 794

Obsolete Awards -

Clerical and Administrative Employees (OneSteel Wire Pty Ltd - Newcastle Ropery)

(OIRC)

1096

Clerical and Administrative Employees (OneSteel Wire Pty Ltd - Newcastle Wiremill)

(OIRC)

1097

Clerical and Administrative Employees (Tubemakers of Australia Limited, Newcastle)

(OIRC)

1098

Enterprise Agreements Approved by the Industrial Relations Commission 1099

INDEX FOR VOLUME 352 1103 END OF VOLUME 352 OF THE N.S.W. INDUSTRIAL GAZETTE

N.S.W. INDUSTRIAL GAZETTE - Vol. 352 29 July 2005

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SERIAL C3831

STATE WAGE CASE 2005

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH

Summons to Show Cause - Commission on its own Initiative pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996

(No. IRC 2911 of 2005)

Before The Honourable Justice Wright, President 20 June 2005 The Honourable Justice Walton, Vice-President The Honourable Mr Deputy President Harrison Mr Deputy President Sams The Honourable Justice Boland Commissioner Tabbaa

ORDERS The Commission makes the following orders: (1) Pursuant to s 50 of the Industrial Relations Act 1996, the Full Bench of the Industrial Relations

Commission of New South Wales orders, for the purpose of awards and other matters under the Act, the adoption, partly and with modifications as contained in this decision and reasons of the Full Bench, of the principles and provisions of the National decision of 7 June 2005.

(2) Pursuant to order 1, the Commission orders that the Commission's Wage Fixing Principles shall be as

set out in Annexure B. (3) Pursuant to s 52 of the Act, the Commission orders that awards which do not contain wage increases

awarded since 29 May 1991, other than safety net, State Wage Case and minimum rates adjustments, may be varied in accordance with the Commission's Wage Fixing Principles upon application to include a State Wage Case adjustment of $17.00 per week.

At the hearing of any such application, the Commission may, in its discretion, award the whole or part of the amounts referred to in the Principles or determine that no amount should be awarded.

(4) Pursuant to s 52 of the Act, the Commission orders that the following rates may be increased by three

per cent upon application in accordance with the Commission's Wage Fixing Principles:

(i) existing allowances which relate to work or conditions which have not changed, including shift allowances expressed as monetary amounts and service increments; and

(ii) junior rates expressed as monetary amounts.

Counterpart awards should be adjusted by the same amount as their federal award counterparts.

(5) These orders shall operate on and from 20 June 2005 until further order of the Commission.


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ANNEXURE

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

STATE WAGE CASE 2005

WAGE FIXING PRINCIPLES 1. Preamble

These principles have been developed with the aim of providing for their period of operation, a framework under which all concerned - employers, workers and their unions, governments and tribunals - can co-operate to ensure that measures to meet the competitive requirements of enterprises and industry are positively examined and implemented in the interests of management, workers and, ultimately, Australian and New South Wales society. In exercising its powers and obligations under the Industrial Relations Act 1996 (‘the Act’), the Commission will continue to apply structural efficiency considerations including minimum rates adjustment provisions. Movements in wages and conditions must fall within the following principles.

2. When an Award may be Varied or Another Award Made Without the Claim Requiring

Consideration as a Special Case

In the following circumstances an award may, on application, be varied or another award made without the application requiring consideration as a special case:

(a) to include previous State Wage Case increases in accordance with Principle 3; (b) to incorporate test case standards in accordance with Principle 4; (c) to adjust allowances and service increments in accordance with Principle 5; (d) to adjust wages pursuant to work value changes in accordance with Principle 6; (e) where the application is consented to by the parties it will be dealt with in terms of the Act; (f) to adjust wages for the State Wage Case 2005 in accordance with Principle 8; (g) to approve of an enterprise arrangement reached in accordance with Principle 11; and (h) to adjust wages pursuant to an application claiming that work has been undervalued on a gender

basis in accordance with Principle 14. 3. Previous State Wage Case Increases

Applications for increases available under previous State Wage Case decisions will be determined in accordance with the relevant principles contained in those decisions.

4. Test Case Standards

Test case standards established and/or revised by a Full Bench of the Commission may be incorporated into an award in accordance with the Act. Where disagreement exists as to whether a claim involves a test case standard, those asserting that it does must make an application for a special case.


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5. Adjustment of Allowances and Service Increments

(a) Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect relevant changes in the level of such expenses.

(b) Existing allowances which relate to work or conditions which have not changed, including shift

allowances expressed as monetary amounts and service increments, may be increased by 3.0 per cent for the State Wage Case 2005 adjustment.

Counterpart State awards should be adjusted by the same amount as their federal counterpart.

(c) Existing allowances for which an increase is claimed because of changes in the work or

conditions will be determined in accordance with the relevant provisions of the Work Value Changes principle of these principles.

(d) New allowances to compensate for the reimbursement of expenses incurred may be awarded

where appropriate having regard to such expenses. (e) Where changes in the work have occurred or new work and conditions have arisen, the question

of a new allowance, if any, will be determined in accordance with the relevant principles of these principles. The relevant principles in this context may be Work Value Changes or First Award and Extension to an Existing Award.

(f) New service increments may only be awarded to compensate for changes in the work and/or

conditions and will be determined in accordance with the relevant provisions of the Work Value Changes principle of these principles.

6. Work Value Changes

(a) Changes in work value may arise from changes in the nature of the work, skill and responsibility required or the conditions under which work is performed. Changes in work by themselves may not lead to a change in wage rates. The strict test for an alteration in wage rates is that the change in the nature of the work should constitute such a significant net addition to work requirements as to warrant the creation of a new classification or upgrading to a higher classification.

In addition to meeting this test a party making a work value application will need to justify any change to wage relativities that might result not only within the relevant internal award structure but also against external classification to which that structure is related. There must be no likelihood of wage leapfrogging arising out of changes in relative position. These are the only circumstances in which rates may be altered on the ground of work value and the altered rates may be applied only to employees whose work has changed in accordance with this principle.

(b) In applying the Work Value Changes principle, the Commission will have regard to the need for

any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed.

(c) Where new or changed work justifying a higher rate is performed only from time to time by

persons covered by a particular classification, or where it is performed only by some of the persons covered by the classification, such new or changed work should be compensated by a special allowance which is payable only when the new or changed work is performed by a particular employee and not by increasing the rate for the classification as a whole.

(d) The time from which work value changes in an award should be measured is the date of

operation of the second structural efficiency adjustment allowable under the State Wage Case 1989.


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(e) Care should be exercised to ensure that changes which were or should have been taken into account in any previous work value adjustments or in a structural efficiency exercise are not included in any work evaluation under this Principle.

(f) Where the tests specified in (a) are met, an assessment will have to be made as to how that

alteration should be measured in money terms. Such assessment will normally be based on the previous work requirements, the wage previously fixed for the work and the nature and extent of the change in work.

(g) The expression ‘the conditions under which the work is performed’ relates to the environment in

which the work is done. (h) The Commission will guard against contrived classifications and over-classification of jobs. (i) Any changes in the nature of the work, skill and responsibility required or the conditions under

which the work is performed, taken into account in assessing an increase under any other principle of these principles, will not be taken into account under this principle.

7. Standard Hours

In approving any application to reduce the standard hours to 38 per week, the Commission will satisfy itself that the cost impact is minimised. Claims for reduction in standard weekly hours below 38 will not be allowed.

8. State Wage Case Adjustments

In accordance with the State Wage Case 2005 decision awards may, on application, be varied to include a State Wage Case adjustment of $17.00 per week, subject to the following:

(a) The operative date will be no earlier than the date of the variation to the award. (b) That at least twelve months have elapsed since the rates in the award were increased in

accordance with the State Wage Case 2004 decision. (c) In awards where the variation for a safety net adjustment arising from the 1999, 2000, 2001,

2002, 2003, 2004 or 2005 State Wage Case decisions is by consent and does not result in an increase in the wage rates actually paid to employees or increase the wage costs for any employer, any applicable 12 months’ delay between variations may be waived.

(d) At the time when the award is to be varied to insert the State Wage Case adjustment (or a

proportionate amount in the cases of part-time and casual employees, juniors, trainees, apprentices, employees on a probationary rate, employees on a supported wage or with permits under s125 of the Act), each union party to the award will be required to give a specific commitment as to the absorption of the increase. In particular, the union commitments will involve the acceptance of absorption of the adjustment to the extent of:

(i) any equivalent over award payments, and/or (ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and

minimum rates adjustments.

(e) The following clause must be inserted in the award:

'The rates of pay in this award include the adjustments payable under the State Wage Case 2005. These adjustments may be offset against:

(i) any equivalent over award payments, and/or


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(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.'

The above clause will replace the offsetting clause inserted into awards pursuant to the Principles determined in the State Wage Case 2004 decision.

(f) By consent of all parties to an award, where the minimum rates adjustment has been completed,

award rates may be expressed as hourly rates as well as weekly rates. In the absence of consent, a claim that award rates be so expressed may be determined by arbitration.

(g) The State Wage Case adjustment will only be available where the rates in the award have not

been increased, other than by safety net or State Wage Case adjustments, or as a result of the application of the Minimum Rates Adjustment principle, since 29 May 1991.

9. Award Review Classification Rate

The Award Review Classification Rate of $484.40 shall be the rate below which no full-time adult employee (excluding trainees, apprentices and employees on a supported wage or on a probationary rate) should be paid under the relevant award. Where a classification in an award is below the Award Review Classification Rate the following process will apply on application:

(a) The award will be listed for a mention at which the parties will report as to:

(i) how the Award Review Classification Rate will be achieved, or (ii) whether the award is obsolete.

The Commission may direct the parties to confer in order to set a program for an updating of the award to reflect the Award Review Classification Rate.

(b) If the parties to the award do not appear at this mention, the Commission shall request the parties

to the award to show cause why the award should not be considered obsolete, and rescinded under s 17(3) of the Act.

(c) Where no agreement is reached with respect to (a) above, the Commission shall re-list the matter

in order to conciliate the issues in dispute. (d) If the attempt at conciliation is unsuccessful the Commission shall arbitrate any outstanding

issue. 10. Special Case

Except for the flow on of test case provisions, any claim for increases in wages and salaries, or changes in conditions in awards, other than those allowed elsewhere in the principles, will be processed as a special case before a Full Bench of the Commission, unless otherwise allocated by the President. This principle does not apply to applications for awards consented to by the parties, which will be dealt with in the terms of the Act, or to enterprise arrangements, which will be dealt with in accordance with the Enterprise Arrangements principle.

11. Enterprise Arrangements

(a) The Commission may approve of enterprise arrangements reached in accordance with this principle and the provisions of the Act.


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(b) Industrial unions of employees and industrial unions of employers, or industrial unions of employees and employers, or employees and employers may negotiate enterprise arrangements which, subject to the following provisions, shall prevail over the provision of any award or order of the Commission that deals with the same matters in so far as they purport to apply to parties bound by the arrangements, provided that where the arrangement is between employees and an employer a majority of employees affected by the arrangement genuinely agree.

(c) An enterprise arrangement shall be an agreed arrangement for an enterprise, or discrete section

of an enterprise, being a business, undertaking or project, involving parties set out in paragraph (b).

(d) Enterprise arrangements shall be for a fixed term and there shall be no further adjustments of

wages or other conditions of employment during this term other than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such arrangement shall continue in force until varied or rescinded in accordance with the Act.

(e) For the purposes of seeking the approval of the Commission, and in accordance with the

provisions of the Act, a party shall file with the Industrial Registrar an application to the Commission to either:

(i) vary an award in accordance with the Act; or (ii) make a new award in accordance with the Act.

(f) On a hearing for the approval of an enterprise arrangement, the Commission will consider in

addition to the industrial merits of the case under the State Wage Case principles:

(i) ensuring the arrangement does not involve a reduction in ordinary time earnings and does not depart from Commission standards of hours of work, annual leave with pay or long service leave with pay; and

(ii) whether the proposed award or variation is consistent with the continuing implementation

at enterprise level of structural efficiency considerations.

(g) The Commission is available to assist the parties to negotiations for an enterprise arrangement by means of conciliation and, in accordance with these principles and the Act, by means of arbitration. If any party to such negotiations seeks arbitration of a matter relating to an enterprise arrangement such arbitration shall be as a last resort.

(h) Enterprise arrangements entered into directly between employees and employers shall be

processed as follows, subject to the Commission being satisfied in a particular case that departure from these requirements is justified:

(i) All employees will be provided with the current prescriptions (e.g. award, industrial

agreement or enterprise agreement) that apply at the place of work. (ii) The arrangement shall be committed to writing and signed by the employer, or the

employer's duly authorised representative, with whom agreement was reached. (iii) Before any arrangement is signed and processed in accordance with this principle, details

of such arrangement shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member.

(iv) A union or employer association may, within 14 days thereof, notify the employer in

writing of any objection to the proposed arrangements, including the reasons for such objection and in such circumstances the parties are to confer in an effort to resolve the issue.


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(v) Where an arrangement is objected to by a union or employer association and the objection is not resolved, an employer may make application to the Commission to vary an award or create a new award to give effect to the arrangement.

(vi) A union and/or employer association shall not unreasonably withhold consent to the

arrangements agreed upon by the parties. (vii) If no party objects to the arrangement, then a consent application shall be made to the

Commission to have the matter approved in accordance with paragraph (e) of this principle.

(viii) Such arrangement once approved shall be displayed on a notice board at each enterprise

affected. 12. Superannuation

(a) An application to make or to vary a minimum rates or paid rates award which:

(i) seeks a greater quantum of employer contributions than required by the Superannuation Guarantee (Administration) Act 1992 (Cth) (‘the SGA Act’); or

(ii) seeks employer contributions to be paid in respect of a category of employee in respect of

which the SGA Act does not require contributions to be paid;

shall be referred to a Full Bench for consideration as a special case, unless otherwise allocated by the President. Exceptions to this process are applications which fall within the Enterprise Arrangements and First Awards and Extensions to Existing Awards principles.

(b) If an application is made that does not fall within paragraph (a), the Commission will, subject to

paragraph (c):

(i) make or vary an award by inserting a clause stating:

‘Superannuation Legislation - The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth); the Superannuation (Resolution of Complaints) Act 1993 (Cth) and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties’.

(ii) if appropriate, ensure that the award contains specification of an employee's earnings (e.g.

‘ordinary time earnings’) which, for the purposes of the SGA Act, will operate to provide a ‘notional earnings base’, and

(iii) if the award is to continue to prescribe a ‘flat dollar’ amount of employer contribution,

ensure that appropriate amounts are inserted so as to give effect to the levels of contribution required from time to time under the SGA Act.

(c) The Commission may award provisions which differ from those in paragraph (b):

(i) by consent; or (ii) in the absence of consent, by arbitration, provided the Commission is satisfied that there

are particular factors warranting the awarding of different provisions. Such factors may include:

(A) the wishes of the parties;


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(B) the nature of the particular industry or enterprise; (C) the history of the existing award provisions; (D) relevant decisions of the Commission establishing superannuation principles; and (E) relevant statutory provisions.

(d) Before any different provisions are awarded under paragraph (c), either by consent or arbitration,

the Commission must be satisfied, on expert evidence, that the award to be made will not contain requirements that would result in an employer not meeting the requirements imposed by the SGA Act.

(e) Subject to s124 of the Act, any specification of a fund will carry with it the obligation for an

employer to pay contributions at such intervals as are required by the fund. (f) In determining applications as to specification of fund, the Commission will, as appropriate:

(i) ensure that any fund specified by it is one into which payment will meet the employer's

obligations under the SGA Act; (ii) have regard to the Superannuation Industry (Supervision) Act 1993 (Cth) (‘the

Supervision Act’) which provides for the prudent management of certain superannuation funds and for their supervision by the Insurance and Superannuation Commissioner. In particular, the requirement with respect to equal representation of employers and members on what are called ‘standard employer-sponsored funds’ (Pt 9 of the Supervision Act) should be noted;

(iii) have regard to previous decisions of the Commission with respect to the specification of a

fund or funds; and (iv) have regard to relevant statutory provisions.

(g) Due to the variety of existing award superannuation provisions and the impact and complexity of

the SGA Act, all applications to the Commission may not be capable of being dealt with in accordance with the approach set out above. In any such case it may be appropriate for the application to be dealt with as a special case.

13. First Award and Extension to an Existing Award

Any first award or an extension to an existing award must be consistent with the Commission’s obligations under Part 1 Chapter 2 of the Act. In determining the content of a first award the Commission will have particular regard to:

(a) relevant wage rates in other awards, provided the rates have been adjusted for previous State

Wage Case decisions and are consistent with the decision of the State Wage Case 1989; (b) the need for any alterations to wage relativities between awards to be based on skill,

responsibility and the conditions under which the work is performed; (c) for conditions of employment, other than wage rates, prima facie the existing conditions of

employment; (d) that the award would comply with the requirements of section 19 of the Act.

14. Equal Remuneration and Other Conditions


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(a) Claims may be made in accordance with the requirements of this principle for an alteration in

wage rates or other conditions of employment on the basis that the work, skill and responsibility required, or the conditions under which the work is performed, have been undervalued on a gender basis.

(b) The assessment of the work, skill and responsibility required under this principle is to be

approached on a gender neutral basis and in the absence of assumptions based on gender. (c) Where the under-valuations is sought to be demonstrated by reference to any comparator awards

or classifications, the assessment is not to have regard to factors incorporated in the rates of such other awards which do not reflect the value of work, such as labour market attraction or retention rates or productivity factors.

(d) The application of any formula, which is inconsistent with proper consideration of the value of

the work performed, is inappropriate to the implementation of this principle. (e) The assessment of wage rates and other conditions of employment under this principle is to have

regard to the history of the award concerned. (f) Any change in wage relativities which may result from any adjustments under this principle, not

only within the award in question but also against external classifications to which the award structure is related, must occur in such a way as to ensure there is no likelihood of wage leapfrogging arising out of changes in relative positions.

(g) In applying this principle, the Commission will ensure that any alternative to wage relativities is

based upon the work, skill and responsibility required, including the conditions under which the work is performed.

(h) Where the requirements of this principle have been satisfied, an assessment shall be made as to

how the undervaluation should be addressed in money terms or by other changes in conditions of employment, such as reclassification of the work, establishment of new career paths or changes in incremental scales. Such assessments will reflect the wages and conditions of employment previously fixed for the work and the nature and extent of the undervaluation established.

(i) Any changes made to the award as the result of this assessment may be phased in and any

increase in wages may be absorbed in individual employees’ over award payments. (j) Care should be taken to ensure that work, skill and responsibility which have been taken into

account in any previous work value adjustments or structural efficiency exercises are not again considered under this principle, except to the extent of any undervaluation established.

(k) Where undervaluation is established only in respect of some persons covered by a particular

classification, the undervaluation may be addressed by the creation of a new classification and not by increasing the rates for the classification as a whole.

(l) The expression ‘the conditions under which the work is performed’ has the same meaning as in

Principle 6, Work Value Change. (m) The Commission will guard against contrived classification and over classification of jobs. It will

also consider:

(i) the state of the economy of New South Wales and the likely effect of its decision on the economy;

(ii) the likely effect of its decision on the industry and/or the employers affected by the

decision; and


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(iii) the likely effect of its decision on employment.

(n) Claims under this principle will be processed before a Full Bench of the Commission, unless otherwise allocated by the President.

(o) Equal remuneration shall not be achieved by reducing any current wage rates or other conditions

of employment. 15. Economic incapacity

Any employer or group of employers bound by an award may apply to, temporarily or otherwise, reduce, postpone and/or phase in the application of any increase in labour costs determined under the principles on the ground of very serious or extreme economic adversity. The merit of such application shall be determined in the light of the particular circumstances of each case and any material relating thereto shall be vigorously tested. Significant unemployment or other serious consequences for the employees and employers concerned are significant factors to be taken into account in assessing the merit of any application. Such an application shall be processed according to the Special Case principle. Any decision to temporarily reduce or postpone an increase will be subject to a further review, the date of which will be determined by the Commission at the time it decides any application under this principle.

16. Duration

These principles will operate until further order of the Commission.

F. L. WRIGHT J, President. M. J. WALTON J, Vice-President.

R. W. HARRISON D.P. P. J. SAMS D.P.

R. P. BOLAND J. I. TABBAA, Commissioner.

____________________ Printed by the authority of the Industrial Registrar. (579) SERIAL C3524

ROOFING TILE MAKERS (STATE) AWARD


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Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 5702 of 2003)

Before Commissioner Cambridge 24 January & 26 May 2005

REVIEWED AWARD

PART A

WAGES AND CONDITIONS OF EMPLOYMENT

1.1. Title This award will be known as the Roofing Tile Makers (State) Award.

1.2. Arrangement:

PART 1 - APPLICATION AND OPERATION OF AWARD

Clause No. Subject Matter

1.1 Award Title 1.2 Arrangement 1.3 Anti-Discrimination 1.4 Area, Incidence and Duration 1.5 Definitions

1.5.1 The Union 1.5.2 Ordinary Hours 1.5.3 Ordinary Shift 1.5.4 Shifts

PART 2 - AWARD FLEXIBILITY

2.1 Flexibility of Work

PART 3 - COMMUNICATION, CONSULTATION, AND DISPUTE RESOLUTION

3.1 Consultation 3.2 Industrial Disputes and Grievance Procedure

PART 4 - EMPLOYER AND EMPLOYEE’S DUTIES EMPLOYMENT RELATIONSHIP AND RELATED

ARRANGEMENTS

4.1 Contract of Employment 4.1.1 Probationary Employment 4.1.2 Full time Employment 4.1.3 Junior Labour 4.1.4 Stand-down of Employees

4.2 Part-time employment 4.2.1 Engagement of Part Time Employees 4.2.2 Entitlements of Part Time Employees 4.2.3 Public Holidays for Part Time Employees 4.2.4 Overtime for Part Time Employees


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4.2.5 Award Provisions Apply to Part Time Employees

4.2.6 Ratio of Part time to Full Time Employees 4.2.7 Part Time Work Agreement Pro-forma

4.3 Termination of Employment 4.3.1 Abandonment of Employment 4.3.2 Misconduct 4.3.3 New technology 4.3.4 Termination of Employment

4.4 Redundancy

PART 5 - WAGES AND RELATED MATTERS

5.1 Classifications 5.1.1 Classification Groups and Wages 5.1.2 Industry Allowance 5.1.3 Leading Hand

5.2 State Wage Case Adjustment 5.3 Penalty Rates on weekends and Holidays - Shift

Workers 5.4 Payment of Wages 5.5 Allowances

5.5.1 Other Rates & Allowances 5.5.2 Shift Allowances 5.5.3 Manganese Dioxide 5.5.4 First Aid Allowance

5.6 Piecework 5.7 Transfer (mixed functions)

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

6.1 Hours of Work and Meal Breaks - Day Workers 6.2 Hours of Work - Shift Workers 6.3 Operation of 38-Hour Week 6.4 Overtime and Public Holiday Payments

6.4.1 Time off in Lieu 6.4.2 Employees other than Seven Day Shift

Workers 6.4.3 Seven Day Shift Workers 6.4.4 Meal Allowances and Crib Breaks 6.4.5 Rest Periods after Overtime 6.4.6 Recall 6.4.7 Calculation of Overtime 6.4.8 Minimum Payment

6.5 Rest Period

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

7.1 Annual leave 7.1.1 Entitlement to Annual Leave 7.1.2 Additional Annual Leave Entitlements 7.1.3 Annual Leave Rates for Shift Workers 7.1.4 Annual Leave Loading 7.1.5 Days Added to the Period of Leave

7.2 Sick Leave

7.2.1 Entitlement to Sick Leave 7.2.2 Accumulation of Sick Leave


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7.2.3 Continuous Service 7.2.4 Definition of Industry 7.2.5 First Three Months Employment

7.3 Long Service Leave 7.4 Parental Leave 7.5 Public Holidays

7.5.1 Entitlement to Public Holidays 7.5.2 Financial Members Day 7.5.3 Eligibility for Payment of Public Holidays 7.5.4 Shift Workers - Public Holidays 7.5.5 Payment of Public Holidays on Termination of

Employment 7.6 Jury Service 7.7 Bereavement Leave 7.8 Personal/Carer’s Leave

PART 8 - OH&S, EQUIPMENT, TOOLS AND AMENITIES

8.1 Amenities and Hygiene

8.1.1 Amenities to be Provided 8.1.2 Standard of Amenities

8.2 Attendance at Repatriation Centres 8.3 First Aid Outfits 8.4 Protective Clothing 8.5 Tools

PART 9 - UNION AND RELATED MATTERS

9.1 Union Business

9.1.1 Union Delegate 9.1.2 Notice Board 9.1.3 Union Training

PART B

MONETARY PAYMENTS

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

PART 1

APPLICATION AND OPERATION OF AWARD

1.3. Anti-Discrimination 1.3.1 It is the intention of the parties bound by this award to respect and value the diversity of the workforce

and to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, martial status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

1.3.2 It is recognised that it is unlawful to victimise an employee because the employee has made or may

make or has been involved in a complaint of discrimination or harassment. 1.3.3 Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take

all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.


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1.3.4 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 (NSW), (d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal

jurisdiction.

1.4. Area, Incidence and Duration 1.4.1 This award rescinds and replaces the Roofing Tile Makers (State) Award published 17 August, 2000

and all variations thereof. 1.4.2 It shall apply to all persons of the classes herein mentioned employed at the Rosehill Terracotta Roof

Tile Plant of CSR Limited (a section of the roofing division of Monier Limited). 1.4.3 It shall take effect from the beginning of the first pay period to commence on or after 26 November

2004 and shall remain in force thereafter for a period of two years.

1.5. Definitions 1.5.1 The Union is the Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales

Branch, and includes any successor thereto by means of amalgamation or consignment of the union’s constitution.

1.5.2 Ordinary hours, unless defined elsewhere in this award, are the hours worked by an employee for which

the employee is entitled under this award to ordinary wage and generally means the employee’s normal 38-hours of work. For the purposes of this clause the terms "ordinary hours" and "normal hours" have the same meaning.

1.5.3 Ordinary shift is a shift work employee’s ordinary hours set by a roster on any particular day. 1.5.4 Definition of Shift -

(a) Seven Day Shift - means shift work rotating across all seven days of the week. (b) Afternoon shift - means any shift finishing after 6:00 p.m. and not later than midnight. (c) Night shift - means any shift finishing after midnight and not later than 8:00 a.m. (d) Permanent shift - means a shift which does not alternate or rotate with another shift.

PART 2

AWARD FLEXIBILITY


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2.1. Flexibility of Work

2.1.1 Subject to agreement at the enterprise level, employees may undertake training for a wider range of

duties and for access to higher classifications. 2.1.2 The parties will not create barriers to an employees advancement within the award structure or through

access to training. 2.1.3 An employer may direct an employee to carry out duties that are within the limits of the employee's

skill, competence and training.

PART 3

COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

3.1. Consultation A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise will be established for consultation and negotiation on matters affecting the efficiency and productivity of the enterprise.

3.2. Industrial Disputes and Grievance Procedure 3.2.1 Disputes Procedure

(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 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) The employer may be represented by an industrial organisation of employers and the employees

may be represented by the union for the purposes of each procedure. (e) Where the parties are unable to resolve a dispute, either party may refer a dispute to the

Industrial Relations Commission of NSW for assistance (conciliation and arbitration). 3.2.2 Grievance Procedure

(a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer 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, the employer 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 the union.


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PART 4

EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED

ARRANGEMENTS

4.1. Contract of Employment 4.1.1 Probationary Employment - To allow a new employee to undertake basic training and to give the

employer the opportunity to assess the employee's capabilities the first two (2) months service will be probationary. After the two (2) months probationary period employment shall be by the week and be terminated by a week's notice on either side or by the payment or forfeiture of one week's wages in lieu of notice.

4.1.2 Full-time employment - Employment for the first two (2) months of service shall be from day to day at a

proportion of the weekly rate fixed. Provided that any employee who once has served in the industry for a continuous period of three or more months with an employer, if re-employed within twelve months by such employer shall be engaged and shall be paid by the week.

4.1.3 Junior Labour -

(a) Minimum age and wage rate. A junior is a person less than 18 years of age and not less than 16 years of age. Juniors shall not be employed at less than 16 years of age. Wage rates payable to junior employees will be the same rate paid to adult employees performing the same work.

(b) Junior's class of work. Juniors will not be employed in any class of work for which they have

not been suitably trained, unless undergoing training. Whilst the junior is undergoing training the employer will ensure that there is responsible adult supervision at all times.

4.1.4 Stand-down of employees - An employer shall not be required to pay for any time an employee cannot

be employed usefully on Financial Members' Day or because of any strike or through any breakdown in machinery or stoppage of work or through any cause for which the employer reasonably cannot be held responsible. Before standing down any employee in accordance with this clause, the employer shall notify the secretary of the union or his/her deputy of his/her intention to do so and at the same time state his/her reasons for standing down the employee or employees, as the case may be.

4.2. Part-Time Employment

4.2.1 Engagement of part time employees -

(a) An employee may be engaged by the week, on a Part-time Work Agreement detailed in subclause 4.2.7 of this clause, to work part-time for a constant number of hours being more than 19 hours per week and less than 38 per week.

(b) The agreed weekly and daily hours of work, including starting and finishing times may be altered

in accordance with subclause 6.1.3 of clause 6.1, Hours of Work and Meal Breaks - Day Workers.

(c) A part-time employee will be paid per hour one thirty-eighth of the weekly rate prescribed by

this award for the work performed. (d) The spread of ordinary hours of work, exclusive of meal times shall be the same as those

prescribed by clause 6.1, Hours of Work. 4.2.2 Entitlements of part time employees - A part-time employee shall be entitled to payments in respect of

annual leave, annual leave loading, public holidays, Financial Members Day, sick leave, long service leave and bereavement leave arising under this award in proportion to the ordinary hours worked.


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4.2.3 Public Holidays for part-time employees -

(a) Where the normal paid hours fall on a public holiday or Financial Members Day and work is not performed by the employee they shall not lose pay for the day save for the provisions of subclauses 7.5.2 and 7.5.3 of clause 7.5, Public Holidays.

(b) Where the normal paid hours fall on a public holiday and work is performed by the employee,

they must be paid in accordance with clause 6.3, Operation of 38-hour Week. 4.2.4 Overtime for part-time employees - A part-time employee who works in excess of the hours fixed under

their Part-time Work Agreement shall be paid overtime in accordance with the said clause 6.3. 4.2.5 Award provisions apply to part-time employees - Subject to this clause, all of the provisions of this

award apply to a part-time employee. 4.2.6 It is considered that a ratio of one part-time employee to each ten full-time employees shall be

employed. 4.2.7 Part time work agreement pro forma

Employee’s Name: Position Hourly Rate Days Required to Work Start Time: Finish Time: Employer’s Signature : Employee’s Signature:

4.3. Termination of Employment

4.3.1 Abandonment of Employment

(a) The absence of an employee from work for a continuous period exceeding seven (7) working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned the employment.

(b) If within a period of fourteen days from last attendance at work or the day of the last absence in

respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of the employer that the employee was absent for reasonable cause, such employee will be deemed to have abandoned the employment.

(c) Termination of employment by abandonment in accordance with this sub-clause 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 the employer, whichever is the later.

4.3.2 Misconduct - An employer may dismiss any employee without notice for serious misconduct and in

such case's wages shall be paid up to the time of dismissal only. 4.3.3 Termination caused by mechanization and/or technological changes - Where, on account of the

introduction, or proposed introduction, by an employer of mechanization or technological changes in the enterprise, the employer terminates the employment of an employee who has been employed by the


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employer for the preceding twelve months, the employee will be given three months' notice of termination, provided that, if the employer fails to give such notice in full:

(a) the employee will be paid at the ordinary rate of pay applicable under this award for a period

equal to the difference between three months and the period of notice given, and (b) the period of notice required by this clause to be given shall be deemed to be service with the

employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act, 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the employer to dismiss an employee in accordance with subclauses 4.3.1 and 4.3.2 of this clause shall not be prejudiced by the fact that the employee has been given notice pursuant to this clause of the termination of his/her employment

4.3.4 Termination of employment -

(a) Notice of termination by an employer

(i) In order to terminate the employment of an employee the employer must give to the employee a minimum of one (1) weeks notice:

(ii) Payment in lieu of the notice prescribed in (i) 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.

(iii) In calculating any payment in lieu of notice the wages to be used must be those an

employee would have received in respect of the ordinary time that would have been worked during the period of notice had the employment not been terminated.

(iv) The period of notice in this clause will not apply in cases of dismissals pursuant to

subclauses 4.3.1 or 4.3.2 of this clause.

(b) Notice of termination by the employee -

(i) The notice of termination required to be given by an employee is the same as that required of an employer, and if the required notice is not given then up to one week’s pay will be forfeited.

(ii) Where an employer and employee agree, the employee may be released prior to the expiry

of the notice period with payment of wages to the date of termination only.

4.4. Redundancy 4.4.1 Application

(a) This clause shall apply in respect of full-time and part-time employees. (b) This clause shall only apply to employers who employ 15 or more employees immediately prior

to the termination of employment of employees. (c) Notwithstanding anything contained elsewhere in this clause, 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.

(d) Notwithstanding anything contained elsewhere in this clause, 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


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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.

4.4.2 Introduction of Change

(a) Employer’s duty to notify

(1) Where an employer 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 employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) ‘Significant effects’ include termination of employment, major changes in the

composition, operation or size of the employer’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 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) Employer’s duty to discuss change

(1) The employer shall discuss with the employees affected and the union to which they

belong, inter alia, the introduction of the changes referred to in paragraph (a) above, 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.

(2) The discussion shall commence as early as practicable after a definite decision has been

made by the employer to make the changes referred to in paragraph (a) of this subclause. (3) For the purpose of such discussion, the employer 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 any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

4.4.3 Redundancy

(a) Discussions before terminations

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause 4.4.2 above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as is practicable after the employer has made a

definite decision which will invoke the provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons 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.

(3) For the purposes of the discussion the employer 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 workers


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normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

4.4.4 Termination of Employment

(a) Notice for 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 subclause 4.4.2(a)(1) above.

(1) In order to terminate the employment of an employee the employer shall give to the

employee the following notice:

Period of continuous service Period of notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks

(2) In addition to the notice above, employees over 45 years of age at the time of the giving

of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

(3) 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.

(b) Notice for Technological Change

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause 4.4.2(a)(1) above:

(1) In order to terminate the employment of an employee the employer shall give to the

employee 3 months notice of termination. (2) Payment in lieu of the notice above shall be made if the appropriate notice period is not


(3) 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 as amended or replaced, the Annual Holidays Act, 1944, as amended or replaced or any Act amending or replacing either of these Acts.

(c) Time off during the notice period

(1) During the period of notice of termination given by the employer, 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 purposes of seeking other employment.

(2) 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 the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.


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(d) 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 the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(e) Statement of employment

The employer 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.

(f) Notice to Centrelink

Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(g) Centrelink Separation Certificate

The employer 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 Centrelink.

(h) Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in paragraph 4.4.2(a)(1) above, 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 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 rates for the number of weeks of notice still owing.

4.4.5 Severance Pay

(a) Where an employee is to be terminated pursuant to subclause 4.4.4 above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the

following scale:

Under 45 Years of Age Years of Service Age Entitlement Less than 1 year Nil 1 year and less than 2 years 4 weeks 2 years 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

(2) 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


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Less than 1 year Nil 1 year and less than 2 years 5 weeks 2 years 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

(3) ‘Weeks pay’ means the all purpose rate of pay 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 provided for in the relevant award.

(b) Incapacity to pay

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 4.4.5(a) above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 4.4.5(a) above will have on the employer.

(c) Alternative Employment

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 4.4.5(a) above if the employer obtains acceptable alternative employment for an employee.

4.4.6 Savings Clause

Nothing in this award 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.

PART 5

WAGES AND RELATED MATTERS

5.1. Classifications

5.1.1 Classification groups and wages - The minimum rates for employees shall be set out in Table 1 - Rates

of Pay, of Part B, Monetary Payments, for the following classifications:

Group I Moulder, Sorter, Ridge Area Operator, Press Area Operator, Glaze Area Operator, Forklift Operator (Permit), Finger Truck Operator, Cleaner, Sweeper, Driver, Millman, Yardman. Group II Glaze Preparator, Die Maker, Clay Preparation Area Operator,


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Panel Control Operator, Tile Handling Area Operator, Front-end Loader Operator, Ridge Plant Operator, Licensed Forklift Driver, Moulder I. Group III Plant Maintenance Operator, Tunnel Kiln Operator, Senior Tunnel Kiln Operator (temporary), Moulder II

5.1.2 Industry Allowance - In addition to the wage rates prescribed in Table 1 - Rates of Pay, of Part B, an

employee shall be paid an industry allowance as shown in Item 1 of Table 2 - Other Rates and Allowances of the said Part B, to compensate for all disabilities associated with the manufacture of roof tiles and the maintenance of manufacturing plant and machinery.

(Note: For the purpose of computing overtime, etc, this allowance shall form part of the employee’s ordinary wage rate for the work performed.)

5.1.3 Leading Hand -

(a) Definition - "Leading Hand" shall mean an employee who is requested by the employer to assume responsibility for operations of other employees in the department or departments in which he is employed.

(b) How paid - In addition to the rate prescribed in Table 1 - Rates of Pay, of Part B, Monetary

Payments, of this award for the grade of work in which he/she is engaged, a leading hand shall receive the appropriate amount specified in Item 2 of Table 2 - Other Rates and Allowances of Part B.

5.2. State Wage Case Adjustments

The rates of pay in this award include the adjustment payable under the State Wage Case of May 2004. This adjustment may be offset against: (a) equivalent overaward payments, and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates

adjustments.

5.3. Penalty Rates on Weekends and Holidays - Shift Workers 5.3.1 Seven Day Shift Workers

(a) Rostered seven-day shift workers working an ordinary shift of a maximum of twelve hours terminating on a Saturday or Sunday shall be paid at the rate of time and one-half or double time respectively.

(b) Rostered seven-day shift workers working an ordinary shift of a maximum of twelve hours

terminating on the financial members' day or any of the other holidays specified in clause 7.5, Public Holidays of this award, shall be paid at the rate of double time and one-half.

(c) Shift workers whose working period includes a Saturday as an ordinary working day shall be

paid at the rate of time and one-half for their ordinary shift of a maximum of twelve hours performed on a Saturday.


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For the purpose of this subclause, in determining whether a shift has been worked or occurs on a Saturday it shall be deemed that the shift has been worked or occurs on the day on which the major part of the shift so occurs.

5.3.2. Five-day shift workers - Shift workers working on a five-day shift system Monday to Friday, inclusive,

working an ordinary shift of a maximum of twelve hours terminating on any of the holidays as specified in clause 7.5, Public Holidays shall be paid at the rate of double time and one-half.

5.4. Payment of Wages

5.4.1 All wages will be paid weekly in cash or, by agreement, by EFT during ordinary working hours not

later than two (2) days following the expiration of the pay period. 5.4.2 In the case of a shift worker paid by cash rostered off duty between the hours of 7.00 a.m. and 5.00 p.m.

on pay day wages shall be made available not later than the termination of the last shift worked immediately preceding pay day.

5.4.3 A day worker or shift worker not paid in accordance with subclauses 5.4.1 or 5.4.2 of this clause presenting themselves for their wages on pay day, or employees whose wages are not been paid into their nominated bank accounts on pay day, are entitled to payment of an additional four hours at their ordinary time rate of pay.

5.4.4 Clarification of employees not having their pay in their account will be verified through the bank before

extra payment is made. 5.4.5 Should an employee be dismissed from his/her employment on any day during the week in accordance

with clause 4.1, Contract of Employment, the employee will be paid all moneys due up to and at the time of dismissal,

5.4.6 If an employee is entitled to be paid in accordance with subclause 5.4.5 of this clause, and is not paid

then the employee is entitled to an additional four hours pay at the ordinary time rate of pay 5.4.7 The provisions of subclause 5.4.6 of this clause shall not apply to an employee dismissed in accordance

with subclause 4.3.2 of clause 4.3, Termination of Employment and in such case the employee shall only be paid moneys due up to the time of dismissal which shall be paid on the day of termination or the next day.

5.4.8 In the event of pay day falling on a public holiday, defined in clause 7.5 Public Holidays, all wages will

be made available for collection by employees not later than the usual finishing time on the day immediately preceding pay day.

5.5. Allowances

5.5.1 Payment for other rates and allowances shall be as set out in Table 2 - Other Rates and Allowances of

Part B. 5.5.2 Shift allowances -

(a) Shift workers on a rotating day-afternoon, day-night or day-afternoon-night shift system, will be paid in addition to their wages, an allowance as set out in Item 4 of Table 2 - Other Rates and Allowances of Part B.

(b) Shift workers on a rotating afternoon-night shift system (i.e. one in which day shift is not worked

at least one week in three) or on a permanent afternoon shift will be paid in addition to their wages an allowance as set out in Item 5 of Table 2 - Other Rates and Allowances of Part B.

(c) Shift workers on a permanent night shift will be paid, in addition to their wages, an allowance as

set out in Item 6 of Table 2 - Other Rates and Allowances of Part B.


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(d) The excess payments over ordinary rates prescribed by clause 6.4, Overtime and Public Holiday Payments and clause 5.3, Penalty Rates on Weekends and Holidays - Shift Workers are payable in lieu of the shift allowances prescribed by this clause.

5.5.3 Manganese dioxide - Employees handling manganese dioxide shall be paid an allowance set out in Item

7 of Table 2 - Other Rates and Allowances of Part B, whilst so engaged. 5.5.4 First Aid allowance - An employee appointed by the employer to perform first aid duty will be paid an

amount set out in Item 8 of Table 2 - Other Rates and Allowances of Part B, in addition to the employees ordinary rates.

5.6. Piecework

5.6.1 Where piecework is done the rates to be paid for such work shall be fixed so as to enable the average

competent employee to earn at least 10 per cent above the rates fixed in Table 1 - Rates of Pay, of Part B, Monetary Payments, of this award, for the class of work performed.

5.6.2 Piecework done outside the specified hours shall be at the employer's request only and shall be paid for

at the rate of price and a half for the first two hours and double price thereafter. 5.6.3 All piecework rates shall be adjusted immediately following upon any variation of this award affecting

wages and earnings.

5.7. Transfer - Mixed Functions

On any day or shift any employee required to perform work of a higher grade shall be paid the wages attached to such higher grade for the whole of that day or shift, but any employee required to perform the work of any lower grade to that in which he/she is classed shall not suffer any reduction of pay by reason only of his/her working temporarily out of his/her grade. Such work shall not be considered temporary if it continues for more than one week.

PART 6

HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

6.1. Hours of Work and Meal Breaks - Day Workers

6.1.1 The ordinary working hours of day workers shall be 38 per week over a 4 week cycle, to be worked 8

hours per day, Monday to Friday inclusive, between the hours of 7.00a.m. and 4.30p.m. each day. 6.1.2 Employees shall not be required to work continuously for more than five hours without an interval of

not less than thirty minutes and not more than forty-five minutes for a meal. An employee may be required to work during his usual meal interval and if required so to work he shall be paid at the rate of double time for the time so worked and shall be allowed to take his meal interval immediately after resumption of work by other employees and such meal interval shall not be counted as time worked. For the purpose of this award the morning rest period shall be deemed as time worked.

6.1.3 Each employer shall be entitled to fix the starting time for his own works within the daily limitations

prescribed in subclause 6.1.1 of this clause, and to alter it from time to time, either by mutual consent or by posting up, in a convenient place in the works, one week's notice of alteration.

6.2. Hours of Work - Shift Workers 6.2.1 The ordinary working hours of shift workers shall not exceed:

38 per week; or 76 per fortnight; or


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114 in three weeks; or 152 in four weeks; or 456 in twelve weeks, and shall not exceed 12 hours during any consecutive twenty-four hours, where mutual agreement is reached with the majority of employees. If mutual agreement is reached between an employer and a majority of his employees, a daily spread of ordinary hours Monday to Sunday may be worked; however, employees will not be required to work in excess of 12 ordinary hours per day.

6.2.2 The shifts of shift workers shall consist of a maximum of 12 hours inclusive of thirty minutes crib

break, and shall be regulated by a roster providing for weekly rotation and equity or as mutually arranged between the employer and the union.

6.2.3 An employee's place on a roster shall not be changed except by one week's notice of such change or

payment of penalty rates. 6.2.4 An employee who is employed for less than five consecutive shifts in any pay period shall be paid in

accordance with Part 5, Wages and Related Matters, and clause 6.4, Overtime and Public Holiday Payment of this award: provided also that where less than a full week is worked due to the action of the employees, the rates payable for the actual time worked shall be ordinary shift rates.

6.2.5 By agreement the starting and finishing times of shift workers shall be set by the employer to best

service the effective operation of the plant.

6.3. Operation of 38 Hour Week 6.3.1 Notwithstanding anything elsewhere contained in this award, the following conditions shall apply

concerning operation of the 38 hour week.

(a) Rostering -

(i) The ordinary hours of work shall be an average of thirty-eight per week as provided in clauses 6.1, Hours of Work and Meal Breaks - Day Workers or 6.2, Hours of Work - Shift Workers.

(ii) Circumstances may arise where roster cycle of varying lengths will apply to various

groups or sections of employees within the plant. (iii) Except as provided by subparagraph (iv) of this paragraph, an employee shall be advised

by the employer at least four weeks in advance of the week day he is to be rostered off duty.

(iv) The employer, with the agreement of the majority of employees concerned, may substitute

the day an employee is to be rostered off duty for another day in the case of a break-down in machinery or a failure of a shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

(v) An individual employee, with the agreement of the employer, may substitute the day he is

rostered off duty for another day.

(b) Payment of Rostered Day Off Duty -


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(i) For every ordinary hour paid for, payment to the employee of one-twentieth (5 per cent)

of his hourly rate (weekly rate divided by 38) will be withheld by the employer and then paid in the pay week in which the employee's rostered day off is taken.

(ii) For all ordinary hours worked, where any allowance or penalty prescribed by this award

is expressed as a percentage or multiple of the ordinary rate, the ordinary rate for an eight hour day or shift shall equal weekly rate divided by 5.

(iii) In the event that an employee is rostered off duty on a day which coincides with pay day,

such employee shall be paid no later than the working day immediately following pay day.

(c) Work on Rostered Day Off Duty - Any employee required to work on his/her rostered day off

shall, in addition to payment for the RDO, be paid in accordance with the overtime entitlements for work performed outside the ordinary hours as prescribed by clause 6.4, Overtime and Public Holiday Payments.

(d) Annual Leave and Rostered Days Off Duty - Each employee is entitled to a total of thirteen

rostered days off per year, one of which is included in the four week annual leave entitlement as prescribed in clause 7.1, Annual Leave.

(e) Sick Leave, Bereavement Leave and Rostered Days Off Duty - Employees are not eligible for

sick leave or bereavement leave in respect of absences on rostered days off as such absences are outside their usual hours of duty.

(f) Rostered Day Off Falling on a Public Holiday

(i) In the event of a day worker's and a five day shift worker's rostered days off duty falling

on a Public Holiday, the employee and the employer shall agree to an alternative day off duty as a substitution: provided that in the absence of agreement the substituted day shall be determined by the employer and union.

(ii) Where a shift worker’s; (other than a five day shift worker) rostered day off duty falls on

a public holiday, he/she shall be paid one day's pay in addition to the ordinary weekly rate: provided that if the employer and the shift worker agree the employer may add one day to the period of annual leave of such shift worker in lieu of this provision.

(g) Annual Leave - The four weeks annual leave to which each employee is entitled in accordance

with clause 7.1, Annual Leave shall be inclusive of 19 working days time plus one rostered day off.

6.4. Overtime and Public Holiday Payments

6.4.1 If agreed by an employer and his employees all or portions of overtime worked can be compensated by

taking time off in lieu for hours worked. If no agreement is reached between the employer and the employees then subsequent subclauses of this clause shall prevail.

6.4.2 Employees other than seven-day shift workers -

(a) All time worked outside the limitations of ordinary time prescribed by clause 6.1, Hours of Work and Meal Breaks or in excess of the daily or weekly hours of labour, specified therein, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

(b) All time worked on a Sunday shall be paid for at the rate of double time.


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(c) All time worked on any of the holidays as prescribed by clause 7.5, Public Holidays, shall be paid at the rate of double time and a half.

6.4.3 Seven-day shift workers -

The following rates shall be payable to a rostered seven-day shift worker working on any day which normally would be his/her rostered day off or working in excess of an ordinary rostered shift.

(a) Monday to Friday - time and one-half for the first two hours and double time thereafter; (b) Saturday or Sunday - double time; (c) Any of the holidays specified in the said clause 7.5 - double time and one half.

6.4.4 Meal Allowances and crib breaks - An employee who is required to work overtime in excess of two

hours after his/her usual ceasing time on any day shall, if he/she has not been notified on or before the previous day that he/she will be so required to work, be paid an allowance as shown in Item 3 of Table 2 - Other Rates and Allowances of Part B, for each meal unless suitable meals are provided by the employer.

(a) Before commencing such overtime each employee shall be allowed a crib time of twenty minutes

which shall be counted as time worked. (b) Should the overtime extend beyond five hours each employee shall be allowed at the end of five

hours a further crib time of twenty minutes which shall be counted as time worked. 6.4.5 Rest Period after Overtime -

(a) When overtime work is necessary, it shall, wherever practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

(b) An employee who works so much overtime between the termination of his/her ordinary work on

one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of his/her employer, such an employee resumes or continues work without

having had such ten hours off duty he/she shall be paid at double time rates 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 ten consecutive hours off duty, without loss of pay, for ordinary working time occurring such absence.

(d) The provisions of this subclause shall apply as if eight hours were substituted for ten hours when

overtime is worked:

(i) for the purpose of changing shift rosters; or (ii) where a shift worker does not report for duty; or (iii) where a shift is worked by arrangement between the employees themselves.

6.4.6 Recall -

(a) An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time he/she is so recalled.


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(b) Except in unforeseen circumstances, the employee shall not be required to work the full four hours if the job he/she was recalled to perform is completed within a shorter period.

(c) This subclause shall not apply in cases where it is customary for an employee to return to the

employer's premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to reasonable meal break) with the completion or commencement of ordinary working time.

(d) Overtime worked in the circumstances specified in this subclause shall not be regarded as

overtime for the purposes of subclause 6.4.5 of this clause where the actual time worked is less than four hours on such recall or on each of such recalls.

6.4.7 Calculation of Overtime - For the purpose of this clause each day shall stand alone. 6.4.8 Minimum Payment - Where an employee works overtime on a Saturday, Sunday or public holiday,

he/she shall be paid for a minimum of four hours' work. He/she shall also receive a paid crib break of twenty minutes after each five hours' overtime worked on a Saturday, Sunday or Public Holiday.

6.5. Rest Period

All employees shall be granted a rest period of ten minutes each day at a time convenient to each employer and such period shall be counted as time worked.

PART 7

LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

7.1. Annual Leave In this clause the Annual Holidays Act 1944, as amended, is referred to as "the Act". 7.1.1 Entitlement to annual leave - Annual leave shall be allowed to all employees as provided by the Act,

except as provided for in subclause 7.1.2 of this clause. 7.1.2 Additional annual leave entitlements - In addition to the leave provided by Section 3 of the Act,

employees who become entitled to annual leave and have worked as seven-day shift workers are entitled to additional leave specified below:

(a) For an employee who works continuously as a seven day shift worker the additional leave is one

week or five working days. (b) Subject to paragraph (c) of this subclause, if during the year of employment the employee has

worked for only a portion of it as a seven day shift worker, the additional leave is one day for every thirty six ordinary shifts worked as such a shift worker and pro rata if less than five ordinary time shifts worked per week.

(c) 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.

(d) Where the employment of an employee has been terminated and the employee thereby becomes entitled under Section 4 of the Act, to payment in lieu of annual leave the employee is also entitled to an additional payment of 3.1/6 hours of ordinary time rate of wages with respect to each twenty one shifts of service as a seven day shift worker during the period of entitlement.

(e) Notwithstanding anything elsewhere contained in this clause, regular shift workers on seven day

shift work who have been transferred temporarily to other classes of employment during the


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qualifying period owing to no kiln being available for burning shall be entitled to the additional leave of one week.

7.1.3 Annual Leave Rates for Shift Workers - Subject to paragraph (a) of subclause 7.1.4 of this clause, shift

workers taking annual leave, must be paid their ordinary pay plus shift allowances and week-end penalties relating to ordinary time shift workers would have worked if they had not been on annual leave: Provided that the shift allowances and weekend penalties do not apply to public holidays which occur during the period of annual leave or for days that have been added to the annual leave in accordance with the provisions of subclause 7.5.4 of this clause.

7.1.4 Annual leave loading

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

(b) Note: The obligation to pay in advance does not apply where an employee takes an annual leave

wholly or partly in advance - see paragraph (f) of this subclause. (c) The loading is payable in addition to the pay for the period of leave taken by the employee

under the Act and this award. (d) The loading is to be calculated in relation to any period of annual leave to which the employee

becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), or, where such leave is given and taken in separate periods, then in relation to each such separate period.

(e) The loading is the amount payable for the period or the separate period, as the case may be,

stated in paragraph (d) of this clause, at the rate per week of 17.5 per cent of the appropriate rate of pay prescribed by this award for the classification in which employees were employed immediately before commencing their annual leave together with, where applicable, the additional sums prescribed in subclause 5.1.5 of clause 5.5, Classifications of this award, but does not include any other allowances (except the leading hand allowance), penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

(f) No loading is payable to an employee who takes annual leave wholly or partly in advance.

Provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with paragraph (e) of this subclause, applying the award rates of wages payable on that day.

(g) Where in accordance with the Act the employer's establishment or part of it is temporarily closed

down for the purpose of giving annual leave or leave without pay to the employees concerned:

(i) an employee who is entitled under the Act to annual leave and who is given and takes such leave shall be paid the loading calculated in accordance with paragraph (e) of this subclause.

(ii) an employee who is not entitled under the Act to annual leave and who is given and takes

leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to the employee under this clause if the employee had become entitled to annual leave prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

(h) Loading on termination of employment -


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(i) When the employment of an employee is terminated by his employer for a cause other than serious misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with paragraph (e) of this subclause ,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.

(i) This clause extends to employees who would have worked as a shift worker if they had not been on leave. Provided that, if the 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 leave exceeds the loading calculated in accordance with this clause, then that amount will be paid in lieu of the loading.

7.1.5. Days added to the period of annual leave -

(a) An employee who was, at the commencement of his/her annual leave, employed as a seven day shift worker (as defined in clause 5.6, Piecework) will have one day added to his/her annual leave period in respect of any public holiday prescribed by this award which fall within the period of annual leave.

(b) Any day or days added shall be paid for at the ordinary shift rate of pay to which the employee is

entitled under this award. (c) Any day or days added in accordance with paragraph (a) of this subclause, shall be the working

day or days immediately following the period of annual leave to which the employee is entitled. (d) Where the employment of an employee has been terminated and he 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 also shall be entitled to an additional payment for each day accrued by him under paragraph (a) of this subclause, at the ordinary rate of pay to which the employee is entitled as prescribed in Table 1 - Rates of Pay of Part B, Monetary Payments, and Table 2 - Other Rates and Allowances of Part B (Leading Hand), of this award.

7.2. Sick Leave

7.2.1 Entitlement to sick leave - Employees who are absent from work due to personal illness or injury (not

being illness or injury arising from the employee's misconduct or default, or from any injury arising out of or in the course of employment) are entitled to leave of absence, without deduction of pay, in accordance with the provisions of this clause.

(a)

(i) Employees are entitled in the first year of service with an employer to sick leave of up to

40 hours of ordinary working time. (ii) Employees are entitled during the second year of service to sick leave of up to 64 hours of

ordinary working time. (iii) Employees are entitled during the third and subsequent years of service to sick leave of up

to 80 hours of ordinary working time.

(b) Employees must, within 8 hours of the commencement of their absence, inform their employer of their inability to attend work and, as far as practicable, state the nature of the illness and the estimated duration of absence.

(c) Employees must provide reasonable evidence as required by the employer, that they were unable

to attend for duty on the day or days for which leave is claimed.


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(d) Employees are not entitled to payment in respect of any time lost on an ordinary working day on

which, had they attended for duty, they would not have been required to work. (e) No employee is entitled to sick leave for rostered time off due to the 38 hour week.

7.2.2 Accumulation of sick leave - Sick leave accumulates from year to year whilst an employees

employment continues with the employer. 7.2.3 Continuous service - For the purpose of this clause continuous service is not broken by:

(a) any absence from work on leave granted by the employer; or (b) any absence from work by reason of personal illness, injury or other reasonable cause (proof of

which shall be provided by the employee). Provided that any time so lost shall not be taken into account in computing the qualifying period of three months specified in subclause 7.2.5 of this clause.

7.2.4 Definition of ‘industry’ - For the purpose of this clause "industry" means any industry or calling within

the constitutions of the Brickmakers & C, (State) and the Roofing tile Makers (State) Conciliation Committees.

7.2.5 First three months of employment - The payment for any absence on sick leave in accordance with this

clause during the first three months of continuous service in the industry may be withheld by the employer until the employee completes three months, at which time the payment shall be made.

7.3. Long Service Leave

See Long Service Leave Act 1955, as amended.

7.4. Parental Leave See Industrial Relations Act 1996

7.5. Public Holidays 7.5.1 Entitlement to public holidays

(a) Employees are entitled to holidays on the following days:

(i) New Years’ day (ii) Australia day (iii) Good Friday (iv) Easter Saturday (v) Easter Monday (vi) Anzac Day (vii) Queens Birthday (viii) Labour day (ix) Christmas day


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(x) Boxing day

together with all proclaimed or gazetted public holidays applying to all employees throughout the whole of the State, and the Financial Members' Day of The Federated Brick Tile and Pottery Industrial Union of Australia, New South Wales Branch, which may be held on the first Monday in December of each year (or such other arrangement as may be agreed upon between the employer, the majority of employees and the union),

(b) Subject to the provisions of clause 5.3, Penalty Rates on Weekends and Holidays - Shift Workers

and subclauses 7.5.2, 7.5.3 and 7.5.4 of this clause, all employees covered by this award will receive payment for the holidays in paragraph (a) of this subclause at their ordinary rates of pay: Provided that any such holiday falls on an ordinary working day or shift within the meaning of clauses 6.1, Hours of Work and Meal Breaks - Day Workers and 6.2, Hours of Work -S hift Workers

7.5.2 Financial Members day - Payment for Financial Members' Day will be made only to financial members

of The Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch, and the onus of proof of financial membership shall rest with the accredited representative of the union who shall advise the employer on the Friday preceding Financial Members day.

7.5.3 Eligibility for payment of public holidays -

(a) Payment will be made for holidays where the employees have presented themselves for work on the working days immediately preceding and succeeding the holidays specified herein and have worked during normal working hours as required by the employer. Provided that an employee is still eligible for payment for the holidays if any absence from work on either or both of the days preceding or succeeding the holidays owing to illness or injury is covered by a certificate of a medical practitioner, or by consent of the employer.

(b) Where a group of holidays, as defined in paragraph (b) of subclause 7.5.5 of this clause, occurs

and an employee is found to be not eligible for payment because of non-compliance with any or all of the conditions set forth in paragraph (a) of subclause 7.5.3 of this clause, the employee will forfeit payment for only one day of such group of holidays.

7.5.4 Shift workers - public holidays -Notwithstanding anything elsewhere contained in this clause,

employees engaged on rostered shift work (other than five-day shift workers), who are rostered off duty on any of the holidays specified in subclause 7.5.1 of this clause, are entitled to payment of an additional day's pay for the pay period in which the holiday occurs, or by mutual agreement, an additional day's leave may be added to that employee's period of annual leave.

7.5.5 Payment of public holidays on termination of employment -

(a) Notwithstanding anything elsewhere contained in this clause where within a period of seven days prior to any holiday, or the commencement of any group of holidays, an employer terminates, for reasons other than wilful misconduct, the employment of an employee who has been employed for a period of at least one month prior to the termination of employment, or where such employee is stood down, the employee must be paid for that holiday, or group of holidays.

(b) Where two or more of the holidays provided for in subclause 7.5.1 of this clause occur within one working week, such holidays shall, for the purpose of this award, be deemed to be a group of holidays.

7.6. Jury Service

7.6.1 Employees required to attend for jury service during their ordinary working hours, shall be reimbursed

by the employer an amount equal to the difference between the amount paid in respect of their attendance for jury service and the amount of wages they would have received in respect of the ordinary time they would have worked had they not been on jury service.


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7.6.2 Employees must notify their employer as soon as possible of the date that they are required to attend for jury service. Further, employees must give the employer proof of attendance, the duration of attendance and the amount received in respect of jury service.

7.7. Bereavement Leave

7.7.1 An employee, other than a casual employee, shall be entitled to up to two days bereavement leave

without deduction of pay on each occasion of the death of a person prescribed in subclause 7.7.3 of this clause. Where the death of a person as prescribed by the said subclause 7.7.3 occurs outside Australia, the employee shall be entitled to two (2) days bereavement leave where the employee travels outside Australia to attend the funeral.

7.7.2 The employee must notify the employer as soon as practicable of the intention to take bereavement

leave and will, if required by the employer, provide to the satisfaction of the employer proof of death. 7.7.3 Bereavement leave shall be available to the employee in respect of the death of a person prescribed for

the purposes of in paragraph (c) of subclause 7.8.1, of clause 7.8, 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.

7.7.4 An employee shall not be entitled to bereavement leave under this clause during any period in respect of

which the employee has been granted other leave. 7.7.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 7.8.2, 7.8.3,

7.8.4, 7.8.5 and 7.8.6 of clause 7.8, Personal/Carers Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

7.8. Personal/Carer’s Leave

7.8.1 Use of Sick Leave -

(a) An employee with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), 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 7.2, 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 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.

(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),


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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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

7.8.2 Unpaid Leave for Family Purpose - 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.

7.8.3 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, shall 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. 7.8.4 Time Off in Lieu of Payment for Overtime -

(a) 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.

(b) 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. (c) If, having elected to take time as leave in accordance with paragraph (a) 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 on termination.

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid

overtime rates in accordance with the award. 7.8.5 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.


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(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.

7.8.6 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.

PART 8

OH&S, EQUIPMENT, TOOLS AND AMENITIES

8.1. Amenities and Hygiene

8.1.1 Amenities to be provided

(a) Employers shall provide:

(i) change and lunch rooms, (ii) lockers, (iii) hot and cold showers, (iv) hot water for making tea, (v) cool drinking water, (vi) a first-aid kit, (vii) adequate sanitary accommodation, which must be available for the use of all employees,

including those in the pit. (b) Shelter sheds shall be provided by the employer to protect intermittent fired kiln burners and

pitworkers 8.1.2 Standard of amenities - The standard of all facilities provided in subclause 8.1.1 of this clause will

conform with the provisions of the Occupational Health and Safety Act as amended.

8.2. Attendance at Repatriation Centres 8.2.1 Employees, being ex-service personnel, shall be allowed paid time off whilst attending repatriation

centres for medical examination and/or treatment; provided that:


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(a) time off does not exceed four hours on each occasion; (b) payment is limited to the difference between ordinary wage rates for time off and any payment

received from the Repatriation Department as a result of each the visit; (c) the employee produces evidence satisfactory to the employer, that the employee is required to,

and subsequently does attend a repatriation centre. 8.2.2 A maximum of four attendances in any year of service with an employer is allowed.

8.3. First Aid Outfits First aid outfits will be supplied and equipped in accordance with the provisions of the Occupational Health and Safety Act, as amended.

8.4. Protective Clothing 8.4.1 Where an employee is required to work in any place where his/her clothes or boots are liable to become

saturated a suitable water/proof coat, hat and/or footwear shall be made available by the employer. 8.4.2 Suitable mica or other goggles shall be provided by the employer for each employee exposed to

abnormal dusty conditions upon request. 8.4.3 Employers shall provide and shall maintain suitable respirators, where necessary, for all employees

exposed to abnormal dusty conditions. 8.4.4 Where necessary, the employer shall provide burners with suitable gloves. 8.4.5 Suitable material for making cotts shall be provided by the employer. 8.4.6 Employees shall be issued with adequate working clothing and safety footwear. 8.4.7 Gloves and aprons shall be supplied to employees handling abrasive material.

8.5. Tools All tools required by employees at their respective work shall be provided by the employer but in instances where such goods are lost or destroyed by the absolute fault of the employee, the employee shall be liable if called upon to restore or pay for same.

PART 9

UNION RELATED MATTERS

9.1. Union Business 9.1.1 Union Delegate:

(a) An employee appointed as union delegate, or co-delegate, in the yard or factory shall, upon notification to the employer by an accredited official of the union, be recognized as the accredited representative of the union.


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(b) Any matter arising in the yard or factory affecting members of the union, including recruitment, may be investigated by the delegate and discussed with the employer. The delegate, upon request, is allowed reasonable opportunity to carry out such duties at a time convenient to the delegate and the employer.

(c) The employer will permit the delegate access to a telephone for the purpose of calling the union.

The delegate will be allowed to make calls in privacy. 9.1.2 Notice Board - The employer shall provide a notice board for displaying material authorized by the

union. 9.1.3 Union training - Elected Union delegates and Consultative Committee Chairpersons are entitled to a

maximum of two days paid union training leave per year per factory.

PART B

TABLE 1 - MONETARY PAYMENTS

AWARD RATE SAFETY NET TOTAL PER CLASSIFICATION PER WEEK WEEK Group I Moulder $434.90 67.00 501.90 Ridge Area Operator $434.90 67.00 501.90 Press Area Operator $434.90 67.00 501.90 Glaze Area Operator $434.90 67.00 501.90 Fork Lift Driver (Permit) $434.90 67.00 501.90 Finger Truck Operator $434.90 67.00 501.90 Cleaner $434.90 67.00 501.90 Sweeper $434.90 67.00 501.90 Driver $434.90 67.00 501.90 Millman $434.90 67.00 501.90 Yardman $434.90 67.00 501.90 Group II Glaze Preparator $448.00 67.00 515.00 Die Maker $448.00 67.00 515.00 Clay Prep Area Operator $448.00 67.00 515.00 Panel Control Operator $448.00 67.00 515.00 Tile Handling Area Operator $448.00 67.00 515.00 Front-end Loader Operator $448.00 67.00 515.00 Ridge Plant Operator $448.00 67.00 515.00 Fork Lift Driver (licensed) $448.00 67.00 515.00 Moulder 1 $448.00 67.00 515.00 Group III Moulder II $456.65 67.00 523.65 Plant Maintenance Operator $468.00 67.00 535.00 Tunnel Kiln Operator $468.00 67.00 535.00 Senior Tunnel Kiln Operator (temp) $516.05 69.00 585.05


Item No Clause No Brief Description Amount $

1 5.1.2 Industry Allowance 19.60 per week 2 5.1.3 Leading Hand (1-7 emp) 19.60 per week Leading Hand (over 7 emp) 26.30 per week


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3 6.4.4 Meal Allowance 5.80 per meal 4 5.5.2(a) Shift allowance - rotating day -afternoon, 9.65 per shift day-night, day-afternoon-night shift

5 5.5.2(b) Shift allowance - rotating afternoon - night shift 12.15 per shift 6 5.5.2 {c} Shift allowance - permanent night shift 22.65 per shift 7 5.5.3 Manganese Dioxide 1.55 per hour 8 5.5.4 First Aid allowance 2.15 per day

I. W. CAMBRIDGE, Commissioner.


BORAL ST PETERS TERMINAL (STATE) AWARD


Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 4648 of 2004)

Before Mr Deputy President Sams 21 April 2005


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REVIEWED AWARD

1. New Award 1.1 Commitment -

This award will:

(a) guarantee that the terminal and its customers are at all times serviced to an optimal level with out delay or interruption to that service; and

(b) introduce a competitive and fair remuneration system.

2. Dictionary

2.1 Definitions:

In this award the following words in the left-hand column of the dictionary shall have the meaning given to them by the right hand column of the dictionary: Boral - Boral Construction Materials Group Limited; Employees - persons employed by Boral at the terminal within the classifications set out in this award, excluding such persons covered by the Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award; Start Date - the day when the Industrial Relations Commission of NSW makes this award; Union - the Australian Workers’ Union NSW; Wife, husband - shall include de facto wife or husband; Father, mother - shall include foster-father or mother and stepfather or mother; Annual salary - means the relevant amount set out in Table 1; Ordinary weekly rate - means the relevant amount set out in Table 1; Ordinary hourly rate - means the relevant amount set out in Table 1; Significant effects - include ending of employment, major changes in the composition, operation or size of the workforce; Technological - means 3 months notice of termination or payment in lieu of such notice; change notice Terminal - means the St Peters Terminal and the Enfield Terminal at Norfolk Road, Enfield Standard - National Competency Standard as contextualised to the terminal; Medical certificate - documentation provided by a registered medical practitioner proving that an employee is incapable of attending work due to a medically diagnosed condition; Appropriate action - in clause 27 includes training, further review, warning (verbal or written) or dismissal from employment; Standby roster - a roster prepared by Boral for the purposes of clause 10.4 that equally shares the time spent on standby by the employees;


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Salaried employees - means any employee (who has actually worked as a salaried employee within the Metropolitan Division for the majority of the preceding 12 months) who does not have their terms of employment covered by an award and is not remunerated on a ‘total cost’ basis; Metropolitan division - means the operations of Boral Resources (NSW) Pty Limited comprising the Emu Plains, Prospect, Peat’s Ridge and Dunmore quarries and any other quarry operated by Boral from time to time; Percentage salary increase - the percentage before being adjusted to take into account a salaried employee’s ‘compar ratio’ (excluding any regrading adjustment); An award - an award of the Australian Industrial Relations Commission or the Industrial Relations Commission of New South Wales; Ordinary weekly hours - the first thirty-eight hours worked each week; Overtime hours:

(a) all hours worked in a week in addition to the ordinary weekly hours; (b) all hours worked in addition to eight hours each day; and (c) all hours worked before an employee’s rostered start time

Federal Act - the Workplace Relations Act 1966; Work - such work as required to be performed by Boral including unloading the train; Night work - work performed during ordinary hours the majority of which falls between the hours of 6 p.m. and 6 a.m on a shift.; General wage increase - any increase granted by the Industrial Relations Commission of New South Wales in accordance with section 50 or 51 of the Act; and Act - Industrial Relations Act 1996. Unforeseen Circumstances - any unforeseen circumstances, breakdowns, emergencies or exigencies beyond the reasonable control of Boral.

3. Parties and Application

3.1 Application:

This award shall apply to and is binding on each employee, Boral and the Union. 3.2 Commencement and Nominal Term:

The changes made to this award pursuant to section 19(6) of the Industrial Relations Act 1996 take effect on 21 April 2005. This award took effect on and from 26 September 2001 with a nominal term of two years and three months. It remains in force until varied or rescinded, the period for which it was made having already expired.

4. Contract of Employment

4.1 Weekly Employment:

Subject to this clause employees will be employed by the week.


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4.2 Probation:

From an employee’s commencement date they will be employed on probation for a period of three months.

4.3 Resignation:

Employees may end their employment by giving Boral one-week’s notice or by paying to Boral an amount of money equivalent to one week's pay.

4.4 Boral Option:

Except when ending an employee’s employment for reasons of technology related redundancy (for which technological change notice applies) if Boral ends an employee’s employment, they must give them notice in accordance with section 170CM of the Federal Act.

4.5 Casual Employment:

Boral may from time to time engage casual employees to meet its short term business needs and/or provide relief and such employees:

(a) shall be paid per hour worked the Level 1 ordinary hourly rate as set out in Table 1 Rates of this

award; (b) shall not be employed as such for more than ninety consecutive days; (c) shall not be bound by clauses, 4.1,4.2,4.3,4.4,5,7,13,16,18,21,22,27,29.1(a), 29.1(c) and 29.1(d)

of this award; and (d) may have their employment terminated by them or Boral by one days notice or payment in lieu.

Notation: casual employees also receive one-twelfth of their ordinary earnings in lieu of annual leave.

5. Redundancy

5.1 Preservation of Employment:

Where practicable and having regard to the needs of the terminal, the parties will co-operate to preserve existing employment and enhance future employment opportunities generally. Furthermore, the parties recognise that this is best achieved when what can be done is done, to produce sustainable improvements in the performance and profitability of the terminal.

5.2 Selection:

If redundancies are to occur, Boral will:

(a) call for volunteers, and then if there are insufficient volunteers those to be made redundant will be selected by Boral by reference to their:

(b) terminal skills; (c) experience; (d) aptitude; (e) training; and


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(f) performance,

and having undertaken such an assessment, if it is necessary to make redundant employees that are comparatively equal in terms of the assessment (unless some other pressing domestic issue is raised by an employee concerned) the employee with the shortest period of service will be retrenched first.

5.3 Introduction of Change:

Where Boral 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, Boral shall consult with the them about the changes and discuss the introduction of the changes, the effects the changes are likely to have on employees, measures to avert or mitigate any adverse effects of such changes on employees and shall give prompt consideration to matters raised by employees before any redundancies are affected.

5.4 Redundancy Pay:

If, following a decision made by Boral in accordance with clause 5.3 Boral decides that an employee’s position in the terminal is redundant then Boral must pay the a employee concerned:

(a) (If they are under 45 years of age) with:

Less than 1 year’s service 0.00% of an employee’s annual salary; 1 year and less than 2 years 7.69% of an employee’s annual salary; 2 years and less than 3 years 13.46% of an employee’s annual salary; 3 years and less than 4 years 19.23% of an employee’s annual salary; 4 years and less than 5 years 23.08% of an employee’s annual salary; 5 years and less than 6 years 26.92% of an employee’s annual salary; or 6 years and less than 7 years 30.77% of an employee’s annual salary,

and thereafter an additional 3.845% of an employee’s annual salary per year of service up to a maximum payment equivalent to an employee’s annual salary.

(b) (If they are 45 years of age or over) with:

Less than 1 year’s service 0.00% of an employee’s annual salary; 1 year and less than 2 years 9.62% of an employee’s annual salary; 2 years and less than 3 years 16.83% of an employee’s annual salary; 3 years and less than 4 years 24.04% of an employee’s annual salary; 4 years and less than 5 years 28.85% of an employee’s annual salary; 5 years and less than 6 years 33.65% of an employee’s annual salary; or 6 years and less than 7 years 38.46% of an employee’s annual salary,

and thereafter an additional 3.845% of an employee’s annual salary per year of service up to a maximum payment equivalent to an employee’s annual salary.

5.5 Resignation During Notice of Redundancy:


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If an employee’s position in the terminal is made redundant they may end their employment during the period of notice and still receive any monies arising from clause 5.4.

6. Conflict Procedure

6.1 Steps:

The following steps shall apply in the following order for resolution of any conflict. For each step, the next step may be taken if the conflict has not been resolved within the time specified:

(a) consultation between the relevant employee(s) and the relevant manager (48 hrs);

(If the dispute is not resolved at this level it must be reduced to writing and signed by both the employee(s) concerned and the relevant manager)

(b) consultation between the relevant employee(s) and a relevant senior manager (72 hrs); and (c) reference of the matter to the Industrial Relations Commission of NSW for

conciliation/arbitration no later than 5 days after the step in (a) above unless otherwise agreed.

To avoid any doubt an employee may be represented by an official of the Australian Workers’ Union, NSW or a delegate of that Union during this process.

6.2 Continuation of Normal Work:

While the procedure above is being followed and until the conflict is resolved work must continue normally and we each guarantee that this will occur.

7. Classifications

7.1 Levels:

Each employee shall be classified into one of the levels set out below:

(a) Level 1 Operator: A Level 1 Operator is an employee who has worked at the terminal for six months or less performing the work; or

(b) Level 2 Operator: A Level 2 Operator is an employee who has worked at the terminal for more

than six months performing the work.

8. Employee Obligations 8.1 General:

Employees must perform the work and do everything connected with it:

(a) in accordance with this award; (b) with due care and skill and in a proper, thorough and professional manner and to the attained

standard; (c) safely, and in accordance with Boral’s safety requirements; (d) in accordance with the day to day operational directions given by Boral;


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(e) in accordance with any operating or work procedures, methods or systems relevant to the performance of the work;

(f) using best efforts to promote Boral's business; (g) without jeopardising or damaging Boral's business; and (h) in compliance with all relevant laws.

8.2 Improvement Activities:

Each employee must to do all that is available on their part to improve the performance and profitability of the terminal by constructively and co-operatively participating in and implementing the outcomes of:

(a) performance measurement and review; (b) operational problem solving; and (c) continuous improvement activities utilising (a) and (b) above.

9. Work Organisation

9.1 Rostering:

Employees will be rostered to work their ordinary weekly hours so that the work is performed:

(a) cost effectively; (b) without hindering or delaying the unloading of the train or a customer from being serviced; and (c) to an optimum level of profitability.

9.2 Identification of Rosters

Rosters shall identify if the employee is:

(a) a day worker (commencing their rostered ordinary hours after 4.00am and before 1.00pm); (b) an afternoon shift worker (commencing their rostered ordinary hours after 1.00pm and at or

before 5.00pm); or (c) a night shift worker (commencing their rostered ordinary hours after 5.00pm and at or before

4.00am). 9.3 Change to Rosters

Unless otherwise agreed with an employee once set a roster may be changed with seven days notice. 9.4 Unforeseen Circumstances

Despite any thing else in this award, in unforeseen circumstances Boral may direct you to transfer (on such notice as is practicable to give) from day work to shift work and vice versa or from afternoon shift to night shift and vice versa subject to paying the employee the allowance set out in Item 2 of Table 2 for all of the employees ‘new’ rostered ordinary hours in lieu of any other payments that might otherwise apply.

10. Time and Payment


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10.1 Working Time:

Employees must work:

(a) their ordinary hours when and as required Monday to Friday inclusive in accordance with the rosters prepared pursuant to clause 9.1; and

(b) such overtime hours as are required by Boral.

10.2 Ordinary Weekly Working Time - Payment:

An employee will be paid for their ordinary hours at the ordinary weekly rate set out in Table 1 Rates. 10.3 Overtime - Payment:

All overtime hours shall be paid at the rate of 1.5 times the ordinary hourly rate set out in Table 1 Rates for the first two hours worked and thereafter 2 times the ordinary hourly rate set out in Table 1 Rates.

10.4 Call In:

(a) If requested to do so, each employee shall carry a paging device (provided by Boral) in accordance with a standby roster.

(b) If due to any unforeseen circumstance an employee(s) is required to:

(i) return to the terminal to work after having finished work for the day; or (ii) commence work prior to their rostered starting time,

the employee(s) to return or commence shall be selected in order of the standby roster.

11. Payment of Wages

11.1 Electronic Funds Transfer:

An employee shall be paid weekly by means of electronic funds transfer to an account in a recognised financial institution.

12. Tools 12.1 Supply of Tools:

All tools required by employees shall be provided by Boral at its expense.

13. First Aid 13.1 Certificate:

A Level 2 Team member must hold a first aid certificate and perform first aid duties as needed.

14. Meal Breaks 14.1 Entitlement:

Work must be organised so that:


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(a) each employee has a 20 minute (paid) meal break each shift; and (b) the taking of such breaks does not hinder or delay the unloading of the train, a customer from

being serviced or work generally.

15. Short Breaks 15.1 Entitlement:

Work must be organised so that:

(a) each employee has a ten minute (paid) break each shift; and (b) the taking of such break does not hinder or delay the unloading of the train, a customer from

being serviced or work generally.

16. Holidays 16.1 Holidays:

The following days shall be granted to employees without loss of pay as a holiday: New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Eight Hour Day; Christmas Day; Boxing Day; Union Picnic Day, the first Monday in December (or a substitute day agreed to by an employee and Boral and taken by 31 December in the following year); and any other day gazetted as a public holiday for the State of New South Wales.

17. Annual Leave

17.1 Entitlement:

See Annual Holidays Act 1944 as amended.

18. Annual Leave Loading 18.1 Payment of Loading:

Whenever an employee enters a period of annual leave they shall be paid, in addition to their annual leave pay a loading of 17.5 percent.

19. Long Service Leave 19.1 Entitlement:

See Long Service Leave Act 1955 as amended.

20. Parental Leave and Personal/Carer’s Leave 20.1 Parental Leave Entitlement

See Industrial Relations Act 1996 as amended. 20.2 Personal Carers Leave Entitlement

20.2.1 If you are a full time or part time employee, with responsibilities in relation to a class of person set out in clause 20.2 (c) (ii) who needs your care and support, you shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 22 of the award, for absences to provide care and


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support, for such persons when they are ill. Such leave may be taken for part of a single day.

20.2.2 You shall, if required, establish 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, you must not take carer's leave under this subclause where another person has taken leave to care for the same person.

20.2.3 The entitlement to use sick leave in accordance with this subclause is subject to:

(i) you being responsible for the care and support of the person concerned; and (ii) the person concerned being:

(A) your spouse; 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 exnuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of yours; or

(D) a same sex partner who lives with you as your de facto partner on a bona

fide domestic basis; or (E) a relative who is a member of the same household, where for the purposes

of this paragraph:

"relative" means a person related by blood, marriage or affinity; "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and "household" means a family group living in the same domestic dwelling.

20.2.4 You shall, wherever practicable, give Boral notice prior to the absence or the intention to

take leave, the name of the person requiring care and that person's relationship to you, the reasons for taking such leave and the estimated length of absence. If it is not practicable for you to give prior notice of absence, then you shall notify Boral by telephone of such absence at the first opportunity on the day of absence.

20.3 Unpaid Leave for Family Purpose

You may elect, with the consent of Boral, to take unpaid leave for the purpose of providing care and support to a class of person set out in clause 20.2.3 (ii) above who is ill.

21. Bereavement Leave

21.1 Entitlement

You shall be entitled to up to three days’ bereavement leave without deduction of pay on each occasion of the death of a person prescribed in clause 20.2.3 (ii), subject to the following:

21.1.1 Notification


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You must notify Boral as soon as practicable of the intention to take bereavement leave and will, if required by Boral, provide to the satisfaction of Boral proof of death.

21.1.2 Responsibility For Care

Bereavement leave shall be available to you in respect to the death of a person prescribed for the purposes of Personal/Carer’s leave in clause 20.2.3 (ii), provided that for the purposes of bereavement leave, you need not have been responsible for the care of the person concerned.

21.1.3 Bereavement Leave Not When Other Leave Granted

You shall not be entitled to bereavement leave under this clause during any period in respect of which you have been granted other leave.

21.1.4 Bereavement Leave In Conjunction With Other Leave

Bereavement leave may be taken in conjunction with other leave available under this award. In determining such a request Boral will give consideration to your circumstances and the reasonable operational requirements of the quarry

22. Sick Leave

22.1 Entitlement:

Employees shall, subject to clause 22.2 and the production of a medical certificate be entitled to ten days' sick leave during the first and subsequent years of service without loss of pay [provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence in any year].

22.2 Notification:

Employees must notify Boral of their absence no later than two hours prior to their normal starting time where possible on the same day of their absence and in any event before 9.00 a.m.

22.3 Workers Compensation:

Employees shall not be entitled to sick leave for any period in respect of which they are entitled to workers' compensation.

22.4 Accumulation:

If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year.

23. Protective Clothing

23.1 Entitlement:

At the commencement of an employee’s employment Boral shall provide them with four sets of clothes, two pairs of boots and in May a winter jacket, which shall be replaced on an item for item exchange basis.

24. Protective Equipment


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24.1 Entitlement:

Boral shall:

(a) provide employees with all personal protective equipment required to perform an employee’s work and;

(b) replace such articles, when, in the reasonable opinion of Boral, they are no longer in a

serviceable condition, but employees shall not be entitled to a replacement unless employees return the corresponding article issued to employees or if the article is lost or misplaced by employees, employees shall pay a reasonable price for the article.

25. Superannuation

25.1 Entitlement:

Superannuation Legislation - The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry Supervision Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs superannuation rights and obligations.

26. Discrimination

26.1 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 carer's responsibility.

(b) It follows that in fulfilling their obligations under the conflict procedure prescribed by this award

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

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

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

(i) any conduct or act which is specifically exempted from anti-discrimination legislation; (ii) offering or providing junior rates of pay to persons under 21 years of age; (iii) any act or practice of a body established to propagate religion which is exempted under

section 56(d) of the Anti-Discrimination Act 1977; (iv) a party to this award from pursuing matters of unlawful discrimination in any State or

federal jurisdiction.

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

Notation:


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(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."

27. Counselling 27.1 Procedure - Unsatisfactory Performance:

Upon Boral becoming aware that an employee has acted contrary to clause 8 they shall:

(a) undertake an investigation of the matter; (b) put the matter to the employee with any relevant supporting information Boral is aware of and

allow them to respond; (c) consider the employee’s response; (d) conclude whether or not the employee has acted contrary to clause 8.1; (e) explain why the conclusion reached has been arrived at; and then (f) take such appropriate action as Boral see fit.

To avoid any doubt an employee may be represented by an official of the Australian Workers’ Union, NSW or a delegate of that Union during this process.

28. Remuneration Adjustments 28.1 Wage Adjustment:

On the first full pay period to commence on or after 15 November each year the rates set out in Table 1 Rates and the allowances set out in Table 2 Allowances shall be increased by the percentage salary increase given that year to salaried employees employed in the Metropolitan Division.

28.2 Bonus Adjustments:

On the first full pay period to commence on or after 15 November each year each employee shall be paid an amount of money equivalent to the percentage bonus paid to salaried employees employed in the Metropolitan Division, applied to their ordinary and overtime earnings for the preceding twelve months.

28.3 Undertaking to Review:

Should at any time the method by which relevant salaried employees are remunerated change, the parties to this award shall confer about those changes and whether any variation to this award is necessary to ensure that the original intention of this award is maintained.

28.4 Safety Net:


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Despite any thing else in his award, the wage increase paid in accordance with clause 28.1 shall not be less than any general wage increase granted in that year.

29. Allowances 29.1 Entitlement

In addition to the amounts paid to an employee in accordance with Table 1 an employee shall be paid:

(a) a weekly meal allowance of the amount set out in Item 1 of Table 2 Allowances; (b) the amount set out in Item 2 of Table 2 Allowances for each ordinary hour worked by an

employee on a shift that commences after 5.00pm and at or before 4.00am; (c) (when they have been classified at a level 2) a weekly first aid allowance of the amount set out in

Item 3 of Table 2 Allowances; (d) a call in allowance on each day they are called in one or more times, in accordance with clause

10.4 of the amount set out in Item 4 of Table 2 Allowances; (e) paid per km the amount set out in Item 5 of Table 2 Allowances if they are required to use their

car by Boral while at work; and (f) the amount set out in Item 6 of Table 2 Allowances for each ordinary hour worked by an

employee on a shift that commences at or after 1.00pm and at or before 5.00pm;

Notation: To avoid any doubt, these allowances shall not attract any penalty or premium.

Table 1 - Rates Of Pay The following rates apply from first full pay period to commence on or after 15 November 2004

Classification Annual Salary Ordinary Weekly Rate Ordinary Hourly Rate $ $ $

Level 1 33,726.25 646.84 17.0221 Level 2 37,339.55 716.14 18.8458

Table 2 - Allowances

The following rates apply from first full pay period to commence on or after 15 November 2004

Item No. Clause Description Amount $ 1 30 Meal Allowance 60.06 per week 2 30 Night Work 6.23 per hour worked for a level 2 employee and 5.60 per hour worked for a level 1 employee

3 30 First Aid 11.43 per week 4 30 Call In 28.87 per call in


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5 30 Car Usage 0.58 per km 6 30 Afternoon Work 3.36 per hour worked for a level 2 employee and

3.01 per hour worked for a level 1 employee

Notation: The amounts in Table 1 and 2 above compensates employees for: (a) the work; and (b) all physical and climatic conditions employees might be exposed to in performing the work.

P. J. SAMS D.P.


COLES MYER LOGISTICS PTY LTD GOULBURN AND SOMERSBY

D.C. CONSOLIDATED AWARD 2004


Application by Coles Myer Ltd.

(No. IRC 7123 of 2004)

Before Commissioner Tabbaa 21 December 2004 & 16 May 2005

AWARD

Arrangement

PART A



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1. Basic Wage 2. Parties 3. Area, Incidence and Duration 4. Criteria for Promotion 5. Manning Levels 6. Hours of Day Work 7. Shift Work 8. Definitions 9. Wages 10. Superannuation 11. First Aid 12. Flexible Workforce 13. Payment of Wages 14. Mixed Functions 15. Overtime 16. Meal Breaks and Rest Pauses 17. Meal Hour Rates of Pay 18. Meal Allowance 19. Crib Time 20. Holidays 21. Sunday Work 22. Annual Leave and Annual Leave Loading 23. Long Service Leave 24. Sick Leave 25. Bereavement Leave 26. Fares and Travelling Time 27. Terms of Engagement 28. General Conditions 29. Union Delegates 30. Settlement of Disputes 31. Special Rate 32. Jury Service 33. Attendance at Repatriation Centres 34. Right of Entry 35. Basis of Award 36. Formal Counselling Procedure 37. Leave Reserved 38. Transmission of Business 39. Union Recognition and Membership 40. Introduction of Change 41. Agreement in Principle regarding Bonus Scheme 42. Polo Shirts and Jumpers 43. Entire Agreement

PART B

MONETARY RATES

Table 1 - Wages


PART C

Rosters

PART D


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Goulburn Site Agreement Somersby Site Agreement

PART A

1. Basic Wage

This award, in so far as it fixes rates of wages, is made by reference and in relation to the adult basic wage as set out in Part B, Monetary Rates. The said basic wage may be varied by the Industrial Relations Commission of New South Wales under subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the Industrial Relations Act 1996. A reference in this award to the adult basic wage is to be read as a reference to the adult basic wage currently in force under the said clause 15.

2. Parties The parties to this award are the National Union of Workers, New South Wales Branch and Coles Myer Logistics Pty Limited.

3. Area, Incidence and Duration This award regulates in whole and exclusively the conditions of employment of all store persons employed by Coles Myer Logistics Pty Ltd at:

Goulburn DC, Ducks Lane Goulburn in the state of New South Wales; Somersby DC, Lot 11 Kangoo Road Somersby in the state of New South Wales; and Any other Distribution Centres operated by Coles Myer Logistics Pty Ltd in the regions in which the current Goulburn and Somersby Distribution Centres exist, being a 40 km radius of either the: Goulburn DC, Ducks Lane Goulburn in the state of New South Wales; or the Somersby DC, Lot 11 Kangoo Road Somersby in the state of New South Wales.

This award does not regulate terms and conditions of employment of the Distribution Centres covered by the following industrial instruments:

Smeaton Grange (NUW) Distribution Centre Enterprise Agreement 2003; Huntingwood (NUW) Distribution Centre Enterprise Agreement 2003; Regents Park Warehouse and Distribution Agreement 2003 - 2004.

The parties recognise that it is the Company’s intention to relocate the existing Goulburn and Somersby Distribution Centres covered by this award, within the regions that the current warehouses exist. It is agreed by the parties to review the contents of the award prior to the re-location to the new sites referred to in this clause to ensure that the award will meet the operational requirements of the business at these sites. It is agreed by the parties that, when the relocations occur and those premises are operated by Coles Myer Logistics Pty Ltd, the Company shall transfer employees covered by this award to the new premises. The continuity of the service of the employee/s shall be deemed not to have been broken by reason of such relocation.


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This award rescinds and replaces the Coles Myer Logistics Pty Ltd Goulburn and Somersby D.C. Consolidated Award 2002 published 14 February 2003 (338 I.G. 306). This award commences from the beginning of the first pay period on or after 8 June 2004 and shall remain in force until 8 June 2006.

4. Criteria for Promotion A commitment has been provided from the Somersby delegates and the NUW that they will work with management to review the current criteria, with the intention of implementing the criteria for promotion used at Goulburn, subject to approval of the union members. A process of education will occur at the Somersby site.

5. Manning Levels The level of manning on each shift, and in any given task, is determined by volumes at the sites.

6. Hours of Day Work The ordinary working hours of a full-time employee, exclusive of meal times, shall not exceed nine hours per day or more than 36 hours per week. Such work shall be over not more than four days, Monday to Sunday, inclusive. Such hours shall be worked between 6.00 a.m. and 6.00 p.m. Times for starting and finishing for any day work employee, once having been fixed, shall not be altered without giving seven days' notice to the employee. Provided that an earlier starting time than that provided in this clause may be introduced by mutual agreement between the employer and the employee. Employees employed prior to the 2000 Award may volunteer to work Saturday(s) as part of their ordinary hours. Any employees employed after 14 October 1993 may be required to work Saturday(s) as part of their ordinary hours. Any employees employed after 3 August 1995 may be rostered to work Monday to Sunday and these rosters will be determined by Management. Employees employed after 11 October 2004 can be engaged to work their ordinary hours over not more than five days, Monday to Sunday. A day worker who works on a Saturday as part of their ordinary hours shall be paid a penalty of 60% in addition to the ordinary day's pay. A day worker who works on a Sunday as part of their ordinary hours shall be paid a penalty of 100% in addition to the ordinary day's pay.

7. Shift Work (i) Definitions

For the purpose of this clause:

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before 1.00 a.m. "Night Shift" means any shift finishing after 1.00 a.m. and at or before 7.30 a.m.

(ii) Hours

The ordinary working hours shall not exceed nine hours per day or more than 36 hours per week, Monday to Sunday, inclusive.

(iii) Full-time employees engaged prior to 11 October 2004 may not work more than four shifts in the week

unless agreed by existing employee/s. Employees engaged after 11 October 2004 may not work more than five shifts in the week. Times for starting and finishing for an employee, once having been fixed,


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shall not be altered without giving seven days' notice to the employee. Such ordinary hours shall be worked continuously except for a 30-minute break, which shall be counted as time worked.

(iv) Saturday and Afternoon or Night Shift Allowances

(a) All shift workers who work on a Saturday as part of their ordinary hours shall be paid a penalty of 60%, plus the appropriate shift allowance as expressed in this clause.

(b) A shift worker whilst on afternoon shift shall be paid for such a shift an allowance of 17.5%t in

addition to the ordinary rate provided for in clause 9, Wages. (c) A shift worker whilst on night shift shall be paid for such a shift an allowance of 27.5% in

addition to the ordinary rate provided for in clause 9, Wages. (d) Shift work allowances shall not be decreased by virtue of a shift worker's absence from work on

account of a public holiday or if absent on annual leave, accrued sick leave, bereavement leave or jury service.

(e) Shift Workers - Casual Employees

Casual employees engaged on shift work shall be paid on an hourly basis equivalent to 1/36 of the appropriate weekly wage, plus the appropriate shift allowance, plus 15% loading, plus 1/12 holiday rate.

(f) Shift Workers - Part-time Employees

Part-time employees engaged on shift work shall be paid on an hourly basis equivalent to 1/36 of the appropriate weekly wage, plus the appropriate shift allowance.

(v) Overtime

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

(b) Such overtime rates shall be paid in substitution for and not cumulative upon the shift allowances

prescribed by paragraphs (iv)(b) and (iv)(c) of this clause, but do include the Saturday penalty. (c) Overtime worked on a Sunday will be paid at the rate of double time and one half.

Note See subclause (vii) of clause 15, Overtime, for rest periods after overtime.

(vi) Sundays and Holidays

Shift workers for all time worked on a Sunday or holiday shall be paid at the rate prescribed by clause 20, Holidays, and clause 21, Sunday Work, in lieu of the shift allowances prescribed in this clause. Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate, provided that the time worked by an employee on a shift commencing between 11.00 p.m. and midnight on the day preceding a holiday and extending into a holiday shall be regarded as time worked on such holiday. Where the major portion of a shift falls on a holiday, it shall be regarded as the holiday.

8. Definitions

(i) Full-time Employees


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A full-time employee may be employed to work no more than 36 hours in a week on no more than four days in the week. A full-time employee engaged after 11 October 2004 may be employed to work no more than 36 hours in a week on no more than five days in the week.

(ii) Part-time Employees

A part-time employee may be employed to work a minimum of four hours and a maximum of nine hours per shift, with a minimum of 18 hours and a maximum of 32 hours per week to be worked. No part-time employee may work for more than six shifts in the week.

On request and with the agreement of the employer, a part-time employee may reduce their minimum hours to no less than 12 hours per week. Casual Employees A casual employee may be employed to work a minimum of four hours and a maximum of nine hours per shift, with a maximum of 36 hours per week to be worked. No casual employee may work for more than six shifts in the week.

(iii) Limited Tenure Employees

A limited tenure employee may be employed as either a full-time employee or part-time employee. The length of the limited tenure period shall not exceed 12 months and shall not be less than one month in duration.

(a) Prior to the commencement of a period of limited tenure, the Company shall advise the

employees in writing of the hours of work, the proposed weekly earnings and the commencing and termination dates of the period of limited tenure.

(b) If a tenured employee is no longer required prior to the expiration of his or her tenure, that

employee shall be paid as if he or she continued to work until the expiration of the tenure. (c) Notwithstanding subclauses (ii) and (iv) of this clause, limited tenure employment may be

terminated by the Company in accordance with clause 27, Terms of Engagement, and clause 36, Formal Counselling Procedures.

(d) Limited tenure employees shall be engaged for the purposes of replacing employees who are on

annual leave, parental leave, long service leave, workers’ compensation, sick leave, leave without pay and any other form of authorised leave.

(e) If a limited tenure employee is offered and accepts a permanent part-time or full-time position

with four weeks of ceasing their period of limited tenure, then any sick leave accrued whilst employed as a limited tenure employee up to a maximum of 42 hours shall be credited to the employee when they commence the permanent part-time or full-time position.

(f) Where an employee works a number of limited tenure periods in a 12 month-period, then they

shall have any sick leave accrued whilst employed as a limited tenure credited to their next period of limited tenure within that 12 months period up to a maximum of 42 hours of sick leave.

(g) Where a permanent part-time or full-time position is offered, an employee employed on limited

tenure may apply for the position in accordance with the normal criteria.

Definitions of Grades Grade 1


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For the purposes of this award, a Grade 1 employee shall mean a person who performs work to the level of their training and:

(a) is responsible for the quality of their own work (subject to instructions and direction); (b) works in a team environment and/or under routine supervision; (c) undertakes duties in a safe and responsible manner; (d) exercises discretion within their level of skills and training; (e) possesses good interpersonal and communication skills; (f) indicative of the tasks which an employee at this level may be required to perform include the

following:

general labouring and cleaning duties, e.g. removal of cardboard and plastic and sweeping floors; order assembling, including picking stock; operate all equipment for which no licence is required; operation of Radio Frequency (RF) equipment.

(g) may be required to assist in the development of probationary Grade 1 employees; (h) may be required to be trained for the purpose of operating materials-handling equipment which

requires licensing/certification. (i) All new employees will be required to serve a maximum probationary period of three months.

During this time each employee will be required to complete an induction program as required by the Company and will need to meet the performance requirements as outlined above.

Promotional Criteria: Business needs as determined by vacancies; Has performed a minimum of three months' service; Has successfully completed the induction program; Has satisfactorily acquired the skills outlined for a Grade 1 employee relevant to the business at this level; Promotion to be appointed on seniority; Regular attendance - any person who has a genuine illness will not be disadvantaged by this process; Where an employee is promoted to Grade 2, they must hold, prior to being appointed, a licence/permit certifying them to operate all appropriate materials-handling equipment, e.g. forklift; A person with seniority can be a Grade 3 or 4 without having to do Grade 2. Grade 2 For the purposes of this award, Grade 2 shall mean an employee who has undertaken sufficient training so as to enable them to perform work within the scope of this level in addition to the work of lower


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grades and who has been appointed by the employer to perform such work on a continuous basis. An employee at this level performs work to the level of their training and:

(a) is appointed on seniority, taking into account the following factors; (b) is able to co-ordinate work in a team environment under general supervision; (c) is able to work from complex instructions and procedures; (d) is responsible for assuring the quality of their own work; (e) possesses sound interpersonal and communication skills; (f) is licensed and/or certified to operate all appropriate materials handling equipment, e.g. forklift; (g) may be required to assist in the training of employees of the same and the lower grade; (h) with satisfactory work levels taken into consideration.

Promotional Criteria: Business needs as determined by vacancies; Has successfully acquired the skills outlined for a Grade 2 employee relevant to the business at this level; Regular attendance - Any person who has a genuine illness will not be disadvantaged by this process; Promotion to be appointed on seniority. Grade 3 For the purposes of this award, Grade 3 shall mean an employee who has undertaken sufficient training so as to enable them to perform within the scope of this level in addition to the work of lower grades and who has been appointed by the employer to perform such work on a continuous basis. An employee appointed to this level performs work to the level of their training and:

(a) is appointed on seniority, taking into account the following factors; (b) understands and is responsible for their own quality control; (c) possesses a sound level of interpersonal and communication skills; (d) has a sound working knowledge of all stores duties performed at levels below this grade,

exercises discretion within the scope of this grade and has a good knowledge of the employer's product;

(e) may perform work requiring minimal supervision, either individually or in a team environment; (f) must be competent to perform at least one of the following tasks/duties:

receiving; despatching;


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operation of keyboard (i.e. Woxing);

(g) may be required to assist in the training of all grades of employees; (h) with satisfactory work levels being taken into consideration.

Promotional Criteria: Business needs as determined by vacancies; Regular attendance - any person who has a genuine illness will not be disadvantaged by this process; Promotion to be appointed on seniority; Has successfully acquired the skills outlined for a Grade 3 employee relevant to the business at this level. Grade 4 For the purposes of this award, Grade 4 shall mean an employee who has undertaken sufficient training so as to enable them to perform work within the scope of this level in addition to the work of the lower grades and who has been appointed by the employer to perform such work on a continuous basis. An employee at this level performs such work to the level of their training and:

(a) is appointed on seniority, taking into account the following factors; (b) is competent and able to perform all of the following tasks:

receiving; despatching; operation of a keyboard (i.e. Woxing);

(c) is able to co-ordinate work in a team environment under general supervision; (d) is able to perform inventory and stores control; (e) is multi-skilled and is able to perform all tasks as listed in (b) above; (f) may be required to assist in the training of all grades of employees; (g) with satisfactory work levels being taken into consideration.

Promotional Criteria: Business needs as determined by vacancies; Regular attendance - any person who has a genuine illness will not be disadvantaged by this process; Sustained performance levels; Meets agreed Company promotional criteria; Appointed on merit and skill. Seniority will also be taken into consideration. Grade 5 For the purposes of this award, a person at this level shall mean an employee who may, at the request of the employer, complete a warehousing and distribution course at a T.A.F.E. college. An employee who


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is appointed by the employer to this level is required to perform the following in addition to the work performed by other grades:

(a) implement quality control techniques and procedures; (b) utilise highly developed level of interpersonal and communication skills; (c) assist in the provision of on-the-job training; (d) in addition, may be responsible for the proper application and maintenance of appropriate

occupational health and safety standards; (e) is accountable for performing the following tasks or a combination thereof:

performing multiple stores activities; managing the information within the warehouses; has a sound knowledge of the employer's operation and product; is responsible for the implementation of routine maintenance of stores equipment and machinery; understands and is responsible for their own work; shall not become involved in planning annual leave rosters or rostered days off, except by consultation with the employer to ensure an orderly overview of work to be covered; shall not become involved in disciplining employees for misbehaviour, absenteeism or performance; shall give advice to the employer or other staff to assist with each of the above but only to the extent of ensuring good order and work flow; shall not breach any confidence placed in them by fellow employees or the employer; shall be able to work with his/her fellow colleagues and have a good working relationship with them.

Note An allowance is paid to an employee appointed and performing work as a Grade 5. This allowance is paid on the basis that it does not form part of an all-purpose rate of pay. It is only paid for work actually performed. This allowance does not apply when an employee is on annual leave, sick leave or any other form of leave. The allowance is as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

Job Rotation

(i) Employees shall be rotated within classification, i.e. forklift operators will be rotated across all

forklift tasks. It would be intended to rotate all operators on a daily or weekly basis. (ii) Order selectors will be rotated across all aspects of picking in accordance with the current Grade

1 classification. (iii) Where practicable, an employee will be issued with different picking tasks, in a different location

to that which they had previously picked. (iv) Employees may be trained to perform higher duties and utilised when necessary.


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9. Wages Wages shall be as set out in Table 1 - Wages, of Part B, Monetary Rates. Averaged Earnings The weekly rate of pay will be averaged over the roster cycle to include penalty rates for all ordinary hours worked, excluding Sunday. Sunday is a stand-alone rate. This amount will then become an all-purpose rate of pay. In the event that agency casual staff are used, they will be paid the equivalent base rate of pay to casual employees in accordance with their classification in paragraph 7(iv)(e). Training Allowance Any employee responsible for providing training to staff will receive a daily training allowance as prescribed in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the appropriate weekly rate. This allowance is a stand-alone allowance and will not be counted towards the all purpose rate of pay.

10. Superannuation Superannuation for employees employed under this award shall be governed by the provisions of the Superannuation Guarantee (Administration) Act 1992 (as amended) and the applicable regulations, provided that: (a) All superannuation entitlements shall be directed to the LUCRF Fund; and (b) The ability to opt in and out of the fund as provided within the Superannuation Guarantee

(Administration) Act 1992 ( as amended) and the applicable regulations shall not apply.

11. First Aid (i) The employer shall provide a properly equipped first-aid room with a fully maintained first-aid kit. (ii) Qualified first-aid personnel shall be available at all times work is being performed. (iii) A qualified first-aid attendant who is appointed to carry out the duties of a qualified first-aid attendant

shall be paid an amount per week as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the appropriate weekly rate.

(iv) In the absence of the regular first-aid person, a qualified relief person shall be provided and shall be

paid the said additional allowance whilst engaged on such shift. (v) The allowance shall be payable for all purposes.

12. Flexible Workforce (i) The flexible workforce will consist of casual employees, which will represent 20% of all full-time and

part-time warehouse employees work hours, Monday to Sunday, during normal times during the year. At peak times the ratio will be adjusted to meet the needs of the business after the local site delegates have been advised of the adjustment by site management.

(ii) Any casual usage above 20% in a 12-month period is to be converted to permanent full-time or part-

time hours with the following exceptions:

hours in weeks where promotional activities occur that are currently exempted from the ratio shall not be included in any calculation under this clause; or


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a week in which any industrial action occurs is to be exempted from this calculation.

(iii) Any dispute arising out of the operation of this clause shall be resolved by utilising the provisions of

clause 30, Settlement of Disputes. (iv) The employer undertakes to conduct a quarterly review of the workforce to review the current

utilisation of casual employees and where it is operationally appropriate part-time and full-time roles may become available.

13. Payment of Wages

All employees shall be paid during working hours on a day not later than Thursday of each week. All employees shall be paid by electronic funds transfer. This does not include meal allowance.

14. Mixed Functions An employee employed for two hours or more per day or 10 hours or more per week for work other than that on which the employee regularly is employed and for which a higher rate of pay is provided herein shall receive such higher rate of pay for the whole day or the whole week, as the case may be, whilst so employed. If employed for less than two hours on any day, the employee shall receive such higher rate of pay whilst so employed. No employee shall suffer any reduction in wages if temporarily employed on work other than that on which they were regularly employed and for which a lower rate of pay is provided herein. If an employee, during any continuous three-month period, works 50% or more of his/her shift in respect of work for which a higher rate of pay is prescribed, such an employee shall be regraded to the grade for which the higher rate of pay is prescribed. This situation will be reviewed every three months in order to determine whether an employee qualifies to be regraded to a higher grade.

15. Overtime (i) Overtime shall mean all time worked before the fixed starting time or after the fixed finishing time,

Monday to Saturday, inclusive, or in excess of 36 hours per week. Overtime shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter.

(ii) Overtime worked on a Sunday shall be paid at the rate of double time and one half for all hours worked. (iii) A part-time employee who works in excess of their fixed rostered hours shall be paid at the rate of time

and one half for the first two hours and at the rate of double time thereafter. (iv) The employer may require employees to work reasonable overtime to meet the needs of the industry. (v) An employee who works overtime on a leisure day must be paid for a minimum of four hours. (vi) If an employee works two hours or more prior to or after the commencement of a shift, they shall be

entitled to a paid 10-minute tea break. (vii) Rest Periods after Overtime

When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work on successive days. An employee who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary work on the next day that they have not had at least 10 consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.


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If, on the instructions of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. This subclause shall not apply in respect to overtime worked on Sunday.

16. Meal Breaks and Rest Pauses

(i) Not less than 30 minutes nor more than one hour shall be allowed for lunch. The time for the partaking

thereof shall be fixed by the employer but, once having being fixed, shall not be altered without seven days' notice.

(ii) An interval of not less than 30 minutes shall be allowed for tea. (iii) An employee required to work overtime on a public holiday, other than as provided in subclause (iv) of

this clause, shall be allowed a paid crib break of 20 minutes for each completed five hours worked, the said five hours to be calculated from the time of each commencement of work.

(iv) An employee required to work for a period of nine hours between the hours of 6.00 a.m. and 6.00 p.m.

on a public holiday may be allowed the usual weekday lunch break and, in that case, the provisions of subclause (iii) of this clause shall not apply.

Provided that the employer and the employees may mutually agree to any variation of this clause to meet the circumstances of the work in hand. The entitlements to a break will fall in line with the table set out below:

Up to and including 4 hours Nil More than 4 hours and up to and including 5 hours 10-minute paid rest pause More than 5 hours and up to and including 6 hours 20-minute paid rest pause More than 6 hours and up to and including 9 hours Daywork - 2 paid rest pauses - 1 unpaid meal break Shift work - 2 paid rest pauses - 1 paid crib (30 min.)

All employees employed under this award will finish work two minutes prior to the designated finishing time and be paid for such time. A three-month trial will be conducted at Somersby on the change to the second rest break. The employees at Somersby will decide whether the second break will be combined with the first break or moved to the end of the shift. If moved to the end of the shift, the bell will sound at 3.15 p.m. At the end of the trial employees will vote to determine if the trial will be implemented.

17. Meal Hour Rates of Pay (i) Meal hours, if worked, shall be paid for at the rate of double time; provided that this rate shall not apply

to the tea hour if work ceases within one hour after finishing time. (ii) Employees working any portion of the meal time shall be paid for 30 minutes if the period is less than

30 minutes and if over 30 minutes for the full meal time.

18. Meal Allowance


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(i) An employee who works overtime on any weekday beyond one hour after the normal ceasing time shall be paid on such day an amount as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as a meal allowance. Such payment shall be made prior to the commencement of the meal time on the day overtime is to be worked. Should an employee be notified of the intention to work overtime and then not be called upon to do so, they shall be paid the amount specified in this subclause.

(ii) Where a shift worker works overtime for more than one hour prior to the normal commencing time of

their shift, they shall be paid the meal allowance specified in subclause (i) of this clause. (iii) A day worker who works overtime prior to 5.00 a.m. on any day shall be paid a breakfast allowance

equal to the amount specified in subclause (i) of this clause. (iv) Should an employee undertake to work overtime nominated by the employer and then fail to work the

full period of overtime so nominated, they shall forfeit the amount of the meal allowance from any moneys owing to them. Provided that this subclause will not apply to a day worker who is no more than 10 minutes late to work the nominated period of overtime prior to their normal starting time, due to exceptional circumstances that are accepted by management as bona fide.

19. Crib Time

Where work performed by a day worker is to continue after 9.00 p.m., a break of 30 minutes shall be allowed from 8.30 p.m. and such time shall be counted as time worked.

20. Holidays (i) The following holidays or the days upon which they are observed shall be allowed to all full-time and

part-time employees without deduction from their weekly pay:

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, the last Friday in August (Picnic Day), Queen's Birthday, Eight-hour Day, Christmas Day and Boxing Day, together with all other statutory and/or gazetted public holidays for the State.

(ii) For time worked on a public holiday, other than Christmas Day and Good Friday, double ordinary rates

shall be paid in addition to the employee's ordinary wage, with a minimum of four hours. For time worked on Christmas Day and Good Friday, treble ordinary rates shall be paid in addition to the employee's ordinary wage, with a minimum of four hours.

(iii) Where an employee is entitled to a leisure day and such leisure day falls on a public holiday prescribed

in subclause (i) of this clause, they shall be entitled to one of the following:

(a) time off in lieu, to be added to the employee's annual leave; or (b) by mutual agreement, another day off, with pay, may be allowed to the employee in the week

prior to or the 10 weeks subsequent to, the public holiday occurring. (c) If an employee has their first two requests refused, they will receive their third request unless for

operational reasons it would be unreasonable to do so.

Such arrangement described in paragraph (a) of this subclause shall not attract annual leave loading as per subclause (ii) of clause 22, Annual Leave and Annual Leave Loading, and must be by mutual agreement between the employee and employer, subject to the needs of the business. Time off in lieu can be banked for up to six months and then taken either as a block of up to five days or as two separate blocks of time off by mutual agreement between the employee and the employer, subject to the needs of the business.

21. Sunday Work


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All ordinary hours worked on a Sunday shall be part of ordinary hours and shall be paid a penalty of 100% in addition to the ordinary day's pay. All full-time and part-time employees may be required to work on a Sunday as part of ordinary hours. All full-time and part-time employees who are employed by the Company as at 14 July 1995 may only be required to work on a Sunday by mutual agreement.

22. Annual Leave and Annual Leave Loading (i) See Annual Holidays Act 1944. (ii) An employee at the time of entering upon a period of annual leave, in accordance with the said Act,

shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable, calculated on the basis of one week's wage or three hours' ordinary pay for each month, including shift allowances where appropriate.

(iii) The provisions of subclause (ii) of this clause shall not apply where an employee elects to have time off

in lieu added to their annual leave after a public holiday falls on a leisure day pursuant to paragraph (iii) (a) of clause 20, Holidays.

(iv) The loading prescribed in subclause (ii) of this clause shall be paid on termination of employment where

the annual leave that has become due to the employee is outstanding at the time of termination. (v) The provisions of subclause (iv) of this clause shall not apply where an employee is dismissed for

misconduct, nor shall it apply to pro rata holiday pay paid on termination of employment. (vi) Employees may, in exceptional circumstances and in agreement with the employer, take annual leave in

single days.

23. Long Service Leave See Long Service Leave Act 1955.

24. Sick Leave (a) An employee who is unable to attend for duty during their ordinary working hours by reason of

personal illness or incapacity, including incapacity resulting from injury within the Workers' Compensation Act 1987, not due to their own serious and wilful misconduct, shall be entitled to be paid at ordinary-time rates of pay for the time of such non-attendance. Provided that they shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers' compensation.

(b) The employee shall notify the Company of their inability to attend for duty and, as far as possible, state

the nature of the injury or illness and the estimated duration of the incapacity, prior to the commencement of their shift, unless there are unforseen circumstances. Notwithstanding this, employees must notify the Company of their absence within two hours of the commencement of their shift.

(c) All employees regardless of their roster are required to produce a medical certificate in each of the

following circumstances, to justify payment for any period of absence under this subclause:

(i) Two or more consecutive days absent in any year; (ii) After a leisure day and after a day that as a result of a swap becomes a leisure day for rosters 1 -

3 in Table 1 - Leisure Days, of Part C, Rosters, and before a leisure day and before a day that as a result of a swap becomes a leisure day for roster 4 in the said Table 1.


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(iii) If an employee has greater than 36 hours absent in any anniversary year for which they have not supplied medical certificates, with the exception of employees who are entitled to sick leave in terms of subclause (h) of this clause.

(iv) Before or after a public holiday.

(d) The employee shall not be entitled to sick leave in excess of the following:

In the first year up to and including the fourth year of employment - 60 hours. In the fifth year and thereafter - 72 hours.

(e) The rights under subclause (d) of this clause accumulate from year to year. (f) No employee shall be retired on the grounds of ill-health until their accumulated sick leave credits have

been exhausted. (g) For the purposes of this clause, continuous service shall be deemed not to have been broken by:

any absence from work on leave granted by the employer; or any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall in each case be upon the employee. Provided that any time so lost shall not be taken into account in computing the qualifying period of three months. Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying there under. Entitlements within this clause do not extend to an employee on their leisure day. An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use up to two days' sick leave per annum, non-cumulative, in order to care for such persons when they are ill. The employee, if required, shall establish, by production of a medical certificate, the illness of the person concerned. The entitlement to use sick leave in accordance with this subclause is subject to:

(i) the employee being responsible for the care of the ill person concerned; and (ii) the person concerned being either a member of the employee's immediate family or a member of

the employee's household. (iii) The term "immediate family" incudes a spouse or de facto spouse, including same sex partners

who live in the same household, and a child, parent, grandparent, grandchild, sibling or relative of the employee or spouse of the employee who lives in the same household.

(h) For the purposes of this award, an employee who accrues sick leave from year to year will be entitled to

take that period of accrued time (to a maximum of one years accrual) off on genuine illness without being required to provide a medical certificate except for circumstances as prescribed in paragraph (c)(iv) of this clause.

(i) When alternative Sunday rosters are implemented, discussion will take place with the delegates to agree

on which day following a day off will not be required to provide a medical certificate. Provided that, where the Company has reasonable proof to suspect that an employee has abused their entitlements under this subclause, the employer and the union shall investigate and discuss the matter.



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(i) An employee shall, on the death of a wife, husband, father, mother, brother, sister, child, stepchild,

grandchild, parent-in-law, brother-in-law, sister-in-law, foster parent, grandparent or grandparents-in-law, be entitled on notice to leave, including the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days' work.

(ii) In the case of attendance at a funeral of such relation outside Australia, such leave shall be without

deduction of pay for a period not exceeding the number of hours worked by the employee in five ordinary days work.

(iii) Proof of such death shall be furnished by the employee to the satisfaction of the employer, if they so

request, together with proof of attendance in the case of a funeral outside Australia. (iv) Where the death of a relative named herein occurs outside Australia and the employee does not attend

the funeral, the employee shall be entitled to one day only unless the employee can demonstrate to the employer that additional time up to a period of three days was justified.

(v) Provided that this clause shall have no operation while the period of entitlement to leave under it

coincides with any other period of entitlement to leave. (vi) For the purpose of this clause, the words "wife" and "husband" shall not include a wife or husband from

whom the employee is legally separated but shall include a person who lives with the employee as a de facto wife or husband.

(vii) Entitlements under this clause do not extend to an employee on their leisure day.

26. Fares and Travelling Time Employees temporarily transferred shall be reimbursed any extra fares or expenses involved, together with payment for all extra time spent travelling.

27. Terms of Engagement (i) Except as to casual employees, employment shall be on a weekly basis. (ii) Employment of weekly employees during the first week of service shall be from day to day at the

weekly rate, terminable by a day's notice on either side, but the employer shall indicate clearly to an employee at the time of engagement whether they are being engaged as a casual employee or as a weekly employee.

(iii) Subject as provided for elsewhere in this award, employment shall be terminated by a week's notice on

either side, given at any time during the week, or by the payment or forfeiture, as the case may be, of one week's wages.

(iv) Notwithstanding any provisions of subclauses (i), (ii) and (iii) of this clause, the employer shall have the

right to dismiss an employee, without notice, for misconduct or refusing duty.

28. General Conditions (i) A first-aid kit shall be provided in each warehouse, at the employer's expense. (ii) Each employee on the termination of their engagement shall, on request, be given a statement in writing,

signed by the employer or the manager, stating the position held by the employee and their length of service.

(iii) Adequate waterproof clothing shall be supplied to all employees when working in the rain.


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(iv) Employees shall be provided with reasonable dining accommodation, locker change rooms, adequate washing and toilet facilities and a plentiful supply of hot water and refrigerated water for drinking.

(v) Parental Leave - See Industrial Relations Act 1996. (vi) Workers' Compensation - See Workers' Compensation Act 1987. Leisure days do not accrue whilst on

workers' compensation. (vii) Those employees who are members of the State Emergency Service and/or Rural Fire Service who are

genuinely required to provide their services will be reimbursed for time not worked at their ordinary award rate of pay. Employees are required to provide proof of their attendance for reimbursement.

(viii) It is the intention of the parties 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, provided that this clause does not create legal rights or obligations in addition to those imposed on the parties by the Anti-Discrimination Act 1977.

29. Union Delegates

Where an employee is elected by fellow employees as a union delegate and their name is forwarded (in writing) by the union to the employer, the said union delegate shall be allowed, by the employer, such time as is necessary to interview the employer or employer representatives on matters affecting the employees whom the delegate represents. Upon written request from the State Secretary of the NUW, the employer shall grant delegates six days paid leave per annum to attend to off site union business. In the event that such union business involves a statewide union delegates meeting, no more than two delegates per shift will be entitled to the said paid leave. Any further leave will have to be by mutual agreement. Upon prior authorisation from the Human Resources Manager or Distribution Centre Manager, one delegate from each shift will be entitled to attend disputes heard at the Industrial Relations Commission except for the following situations:

unfair dismissals (no delegates) matters limited to one shift (one delegate)

30. Settlement of Disputes

Any dispute arising out of employment and/or the interpretation of this award shall be referred by the union delegate to the employer representative appointed for this purpose. Failing settlement at this level between the employer and the union delegate on the job, the union delegate shall refer the dispute within 24 hours to the union organiser who will take up the matter with the employer. All efforts shall be made by the employer and the union organiser to settle the matter but, failing settlement, the union organiser shall refer the dispute to the union Secretary and the employer shall refer the dispute to head office (Coles Myer Logistics) and the union Secretary shall take up the matter with head office. During the discussions the status quo shall remain and work shall proceed normally. "Status quo" shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute. At any time either party shall have the right to notify the dispute to the Industrial Relations Commission of New South Wales.

31. Special Rate


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Dirty Work An employee regularly engaged in the physical handling, sorting and attempted recovery of broken and damaged stock or engaged in the cleaning of toilet and canteen facilities shall be paid a dirty work allowance per week as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. An employee not regularly employed for such work shall be paid an allowance per hour as set out in Item 5 of Table 2 for each hour so employed on such work. This special rate is a flat payment and shall not be taken into account when calculating any other payment to which the employee may be entitled, nor shall it be subject to wage indexation increases.

32. Jury Service (i) An employee shall be allowed leave of absence during any period when required to attend for jury

service. (ii) Entitlements within this clause do not extend to an employee on their leisure day. (iii) An employee shall be required to produce to the employer proof of jury service fees received and proof

of requirement to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service. This notice will be placed on the employee’s personnel file.

(iv) Where a day shift employee is called for jury service, they shall receive the difference between their

normal earnings for that shift and the moneys paid to such employee for jury service. (v) A copy of the payment advice shall be given to the Shift Manager to enable pay adjustments. (vi) A day shift employee called for jury service is not required to commence work prior to attending jury

service. In the event that the employee is discharged from jury service, through the selection process, the employee shall attend work within 1.5 hours of being discharged.

(vii) Where an afternoon shift employee is discharged from the jury, through the selection process, they shall

report to work at their normal commencement time. No afternoon shift employee shall leave their shift early or before the end of their normal shift to attend jury service the next day.

(viii) Should an afternoon shift employee be selected on a jury for a day, they are not required to work the

rostered shift on that day. (ix) Where a night shift employee is called for jury service, they shall not be required to attend work for the

preceding rostered shift. They shall be paid the difference between their normal earnings for this shift including allowances and moneys paid to such employee in respect of jury service.

(x) Where an afternoon shift worker attends jury service and is not required to work the following shift,

they shall receive the difference between their normal earnings for that shift, including any allowances that would normally be paid, and moneys paid to such employee in respect of jury service.

33. Attendance at Repatriation Centres

(i) Employees being ex-service personnel shall be allowed, as time worked, lost time incurred whilst

attending repatriation centres for medical examination and/or treatment, provided that:

(a) such lost time does not exceed four hours on each occasion; (b) payment shall be limited to the difference between ordinary wage rates for time lost and any

payment received from the Repatriation Department as a result of each such visit; and


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(c) the employee produces satisfactory evidence to the employer that the employee is so required to and subsequently does attend a repatriation centre.

(ii) Entitlements within this clause do not extend to an employee on their leisure days.

34. Right of Entry Refer to Chapter 5, Part 7, of the Industrial Relations Act 1996.

35. Basis of Award (i) This award is entered into by the employer and the union on the condition that:

(a) Both parties accept and honour in full the terms of the award during its currency. (b) There will be no claims for alternations to any of the terms of the award prior to 8 June 2006.

The only exceptions to this would be if an obvious error or oversight was made and both parties mutually agreed to a variation, and the matter for which leave has been reserved pursuant to clause 37, Leave Reserved.

(c) Both parties agree to commence discussions for the next agreement or award two months prior to

the expiration of the duration of this award. (d) Both parties agree that the award was not entered into under duress. (e) Either party may raise the issue of redundancies, trade union training leave or Part D should the

need arise during the life of this award. (ii) Neither this award nor any part thereof shall be used by the employer or the union as evidence or

example before any court or tribunal in respect of proceedings by or against any other employer or union.

36. Formal Counselling Procedure

All employees will be subject to the following procedure before termination of employment can take place: (1) Verbal warning. (2) Formal warning explaining reasons, with a union delegate present if so requested by the employee. (3) Final warning explaining reasons, with a union delegate present if so requested by the employee. (4) Dismissal explaining reasons, with a union delegate present if so requested by the employee. However, in the case of a serious breach of Company policy and/or wilful misconduct, instant dismissal or a final written warning will apply.

37. Leave Reserved (i) Both parties consent to the Industrial Relations Commission of New South Wales varying this award by

a further award, upon application by the union, if the Commission determines that a clause should be inserted limiting the number of part-time employees who may be employed by the Company at the warehouses.

(ii) The union has reserved its right to pursue a redundancy provision during the life of this award.


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(iii) The employer has reserved its right to pursue a revision of the current classification structure during the life of this award.

38. Transmission of Business Refer to the Head of Agreement registered in the Industrial Relations Commission of NSW.

39. Union Recognition and Membership (i) For the purposes of this award, the Company recognises the National Union of Workers’ NSW Branch

(NUW) as being the union that shall have exclusive representation of employees in related classifications who are covered by this award. This exclusive representation will extend to all terms and conditions of employment, whether those terms and conditions are subject to this award or not.

(ii) All employees shall be given an application form to join the National Union of Workers at the point of

inductions. (iii) All new employees shall be introduced to the union delegate within the induction period. (iv) Where the written authority is provided by an employee, the employer will deduct union membership

fees from such employee’s wages or salary and remit it, along with a schedule of such contributions, to the union at monthly intervals.

40. Introduction of Change (i) Employer’s Duty to Notify

Where an employer has made a definite decision to introduce major changes that are likely to have significant effects on employees, the employer shall notify the employees and union officials who may be affected by the proposed changes.

(ii) Employer’s Duty to Discuss Change

The employer shall discuss with the employees affected the introduction of the changes referred to on the subclause above, 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 consideration to matters raised by employees in relation to changes.

41. Agreement in Principle regarding Bonus Scheme

The parties are committed to improve the performance of the sites and believes this will be best achieved with a co-operative team-based approach. (i) The parties agree in principle that the employer will introduce site-specific team-based bonus schemes

applicable to the individual sites covering all employees in Grades 1 to 5 measuring across occupational health and safety, throughput, site integrity (pick error rate, shrinkage, service levels, crossed lines, etc.) and sick leave.

(ii) Part-time employees will receive a pro rata bonus based on hours worked. (iii) Casual employees will be eligible for all measures, except sick leave, on a pro rata basis. (iv) Employees can receive bonus payments in terms of the bonus scheme, which will be paid at

approximately six-month intervals. Each such payment can be up to 4% of base annual remuneration


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(payments on or about December 2004, June 2005, December 2005 and June 2006 will be based on rates of pay applying at 30 April of that year).

(v) Management and delegates will hold quarterly meetings to address operational issues in respect of the

bonus scheme. (vi) The bonus scheme will be reviewed after one year. (vii) The employees reserve the right to not participate in the bonus scheme at any time during the life of the

award by a majority vote.

42. Polo Shirts and Jumpers Employees may purchase Huntingwood/Smeaton Grange type polo shirts and jumpers at cost. Polo shirts and Jumpers will be subsidised by $6.00 per shirt, to a maximum of three shirts per year. Polo shirts and Jumpers will be replaced on a fair-wear-and-tear basis to a maximum of three shirts per year.

43. Entire Agreement This award supersedes all previous contracts, agreements and understandings in respect of the terms and conditions of employment of those covered by this award.

PART B

MONETARY RATES

Table 1 - Wages

Current Rate of pay prior to 8/6/03 Amount as at first full pay Amount as at first full pay Classification period on or after 8/6/04 period on or after 8/6/05

$ $ $ Grade 1 711.57 742.57 773.57 Grade 2 728.00 759.00 790.00 Grade 3 741.13 772.13 803.13 Grade 4 757.54 788.54 819.54 Grade 5 770.66 801.66 832.66


Item Clause Brief Description Rate of pay Amount as at first Amount as at firstNo. No. prior to 8/6/03 full pay period full pay period

after 8/6/04 after 8/6/05 $ $ $

Grade 1 8 Grade 5 allowance 40.22 41.83 43.51 Grade 2 11(iii) First-aid allowance 16.79 17.16 18.16 Grade 3 18(i) Meal allowance 10.21 10.62 11.04 Grade 4 31 Dirty work allowance 15.67 16.30 16.95 Grade 5 31 Not regularly employed

doing dirty work 0.4352 0.4526 0.4707 Grade 6 9 Training allowance 5.00 5.20 5.41

PART C


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ROSTERS

Table 1 - Leisure days

Roster Mon Tues Wed Thur Fri Sat Sun 1 Mon-Fri W W L W W N N 2 4 in 6 W W N L W W N 3 Wed- Sat N L W W W W N 4 Sun W W W L N N W

W = Work day L = Leisure day N = Non working day

PART D

SITE AGREEMENT - GOULBURN The following Site Agreement applies only to employees employed at the Goulburn Distribution Centre. 1. Operators that receive a paid allowance to perform another function must perform that function.

Refusal to perform the function may lead to disciplinary procedures. Refusal on three occasions will lead to the employee being removed from that function's roster.

2. Permanent manning levels within the 4-in-6 and Monday-to-Friday roster groups will be monitored by mutual agreement between the parties.

3. Continuance of customary practice of paid response allowance of Grade 3 functions. This pertains to

employees that perform Grade 3 duties, regardless of time spent doing the task, i.e. one hour to 36 hours per week.

4. NUW delegates will be granted time in lieu for time spent at the DC performing union-related functions

outside of normal rostered hours. This extends to visits by NUW Organisers to the site and urgent business that cannot be addressed during normal rostered hours. Both NUW delegates and management of CML will monitor the amount of allocated time on an ongoing basis.

5. Disciplinary procedures of employees will commence within one week of the incident/infringement

occurring in normal circumstances. This may be extended in discussion with NUW delegates in cases where either employees/manager are absent due to circumstances, e.g. RDO, sick leave.

6. Current manning levels of receiving (two checkers, one labeller) will be adjusted in line with changes in

the business needs in consultation with NUW delegates. 7. Picnic Day and public holiday entitlements will be allowed by mutual agreement between parties. If

CML management is unable to grant leave on two separate occasions; then the third request will be granted.

8. If a Grade 4 is allocated to one function (despatch, receivals, office, forklift, Xlines, cleaning) at or

before 0630 hours, then they remain in that position for the duration of the shift. If a position becomes available during the shift, then an operator capable of doing that position on seniority (i.e. on rotation list) will be utilised in this position. However, if a Grade 4 is picking, then they will be utilised first.

SITE AGREEMENT - SOMERSBY


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The following Site Agreement applies only to employees employed at the Somersby Distribution Centre. All references below to seniority or length of service, are to be read in conjunction with clause 4, Criteria for Promotion. 1. Any employee that does not perform a full-time or relief position will be placed on the training roster,

excluding staff who are only performing picking work. The order of names on the roster will commence with employees with the greatest period of service to employees with the shortest period of service. The roster will commence again from the start of each week. A turn on the roster is recorded for any time 10.30 a.m. or for work performed on half of the shift.

2. Subject to suitability and the need arising, each full-time employee will, in accordance with their length

of service, be given the option of being trained on a forklift or cleaning. Any employees trained on the forklift will be removed from the cage roster. If an employee elects to remove their name off any trained position on the rolling roster referred to in point 1, then such an employee will have to wait until the rolling roster has gone through a full cycle, before they can be trained in another position.

3. As the need arises, training will be ongoing, taking into account length of service as a factor in

determining in what order employees will receive training. The aim at the site is to have enough adequately trained staff to cover all areas of the operation.

4. Employees on the cage roster will have each turn recorded and every effort will be made to even

employees turns in the cage, subject to the operation of the rolling roster. 5. When manning overtime shifts on public holidays, the allocation of employees to positions will be as

follows: those persons holding permanent and relief positions will go to those positions, then Grade 4 employees and, from there, length of service will be the primary factor, including employees working in the cage.

6. Each overtime shift that is offered will be recorded. The equivalent in hours paid to the employee will be the figure recorded. No hours will be recorded for employees on workers' compensation. When a late call is made for employees to stay behind at the end of the shift to perform a function, only those that accept the offer will have their hours recorded. Where late notice on the day of an overtime shift is provided, employees will have the option to accept and only those hours worked will be recorded.

7. When all full-time employees are placed in other functions, then part-time employees can be used to fill

any outstanding positions 8. A casual storeperson shall be appointed to entry level permanent and limited tenure employment

vacancies on the basis of seniority. 9. All warnings will remain in force for a period of six months and after that time the warning will remain

on file, but won't count towards dismissal or further disciplinary action. 10. The union will be allowed to hold paid union meetings at the site subject to the approval of the DC

Manager. 11. Subject to their availability, casual storepersons will be offered work so as to ensure that all storeperson

receive a fair and equal share of work offers. Offers will be made first to the most senior casual storeperson on the list, then proceeding down the list.

12. All permanent forklift drivers will be placed on the rolling roster at receiving. This roster operates on

seven days per week. 13. For all employees on the Sunday roster who elect to take annual leave that includes a Sunday, an option

will be provided to either take the Sunday off prior to the next pay week as four consecutive days or take the Sunday off in the same pay week.

14. A union representative of both the day and the afternoon shift will be present at any EBA meeting.

Overtime or time off in lieu will be offered.


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15. After a training period is completed for a new job, the trainee, by mutual agreement with the Company,

may be decide that further training is required, prior to accepting the new position. After accepting a new position, the employee cannot apply for any other position for a period of six months.

16. By mutual agreement any accrued long service leave may be taken in three separate periods.

I. TABBAA, Commissioner.


WOOLWORTH'S SUPERMARKETS AND WAREHOUSE

ADMINISTRATION (STATE) AWARD


Application by Woolworths Ltd.

(No. IRC 6802 of 2004)

Before Commissioner Macdonald 2 December 2004 & 10 may 2005

AWARD


1. No Extra Claims 2. Flexibility of Work 3. Definitions 4. Proof of Age 5. Termination of Employment 6. Hours 7. Shift Work 8. Rest Pauses and Meal 9. Rostered Day Off Falling on a Holiday 10. Wages/Allowances 11. Relieving in Higher Position 12. Travel Expenses 13. Overtime


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14. Meal Allowance 15. Payment of Wages 16. Public Holidays 17. Sick Leave 17A. Leave of Absence 17B. Personal Carers Leave 18. Compassionate Leave 19. Jury Service 20. Long Service Leave 21. Annual Holidays 22. Annual Holidays Loading 23. Family Leave 24. Parental Leave 25. Achieving Company Standards 26. Settlement of Disputes and Grievances 27. Commitment to Training and Careers 28. Redundancy 29. Introduction of Change 30. Union Deductions 31. Superannuation 32. Leave Reserved 33. Anti-Discrimination 34. Induction of New Employees 35. Right of Entry 36. Area Incidence and Duration

1. No Extra Claims

It is a term of this award that the parties undertake, for the duration of this award, not to pursue any extra claims in accordance with state wage case principles.

2. Flexibility of Work Subject to the provisions of this clause, the Company may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training. Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee. Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times. All reviews carried out by the employer will take into account the potential impact on occupational health and safety.

3. Definitions (i) Casual employees means an employee who is engaged and paid as such an hourly rate, equal to the

weekly rate divided by 38 plus 15 per cent plus 1/12th holiday pay with a minimum daily engagement of four hours and maximum daily engagement of 11 hours, with not more 38 ordinary hours.

(ii) Full time employee means an employee engaged to work an average of 38 ordinary hours per week

over a 4 week period, pursuant to clause 6 - Hours (iii) Part-time employees shall be paid an hourly rate equal to the total appropriate weekly rate divided by

thirty eight. The provisions of this award with respect to sick leave and holidays shall apply to part-time employees on a pro-rata basis.

Notwithstanding the above provisions a part-time employee may be offered hours, on a voluntary basis, which are in addition to the employee's regular rostered hours provided that such additional hours are:-


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(a) in conjunction with an existing shift or on a non-rostered day (b) not in excess of daily or weekly maximum hours elsewhere provided in this award without the

payment of overtime. (c) in accordance with the relevant roster principles and (d) paid at the stipulated casual hourly rate of pay plus 1/12th loading, which shall be in lieu of

annual leave, sick leave or any other forms of leave. (iv) A Temporary employee means a person engaged as either a full-time or part-time employee for a

specific period. A temporary employee shall be advised in writing upon commencement of the date of termination of such employment.

Employees engaged for these temporary periods shall work under the same terms and conditions of employment as regular full-time and part-time employees.

(v) Grade 1 means employees engaged in manual clerical duties, e.g. Mail Assistants (vi) Grade 2 means employees engaged in the clerical duties involving and utilising computer equipment

such as Microsoft Office Systems including Word, Excel and data entry. (vii) Grade 3 means an employee engaged in higher level clerical duties such as secretarial, Section

Supervisors and Payroll/Award interpretation. (viii) A weekly employee means a full time or part time employee. (ix) Ordinary pay is defined as the remuneration for the worker’s normal weekly hours of work calculated at

the ordinary time rate of pay excluding overtime payments. (x) Supermarkets Administration shall include employees located at Yennora Administration Centre, corner

of Fairfield and Dursley roads, Yennora and Blacktown State Office, Patrick Street, Blacktown. (xi) Warehouse Administration shall include employees located at Yennora Warehouse, Homebush

Warehouse, Moorebank warehouse and Minchinbury warehouse..

4. Proof of Age Upon the engagement of an employee, such employee, if required to do so, must furnish to the employer a correct statement, in writing, by statutory declaration or birth certificate. When an employee cannot prove age in the ordinary way production of a passport, military or naval discharge or Consular document shall be proof of age.

5. Termination of Employment (i) In the case of misconduct justifying instant dismissal an employee may be instantly dismissed. (ii)

(1) In all other cases to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of continuous service Period of notice During the first month of employment A moment's notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks


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(2) In addition to the notice prescribed in subparagraph (i) hereof, employees over 45 years of age at

the time of the giving of the notice with not less than two years' continuous service, shall be entitled to an additional week's notice.

(3) Payment in lieu of the notice prescribed in subparagraphs (i) and/or (ii) hereof 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.

(4) In calculating any payment in lieu of notice the wages an employee would have received in

respect of the ordinary time the employee would have worked during the period of notice had the employment not been terminated shall be used.

(5) The period of notice in this clause shall not apply in the case of dismissal for misconduct, or in

the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks.

(iii) The period of notice of termination required to be given by an employee shall be two weeks. If however

an employee is required to begin with a new employer within one week of their resignation, only one week's notice will be required. If the employee fails to give notice the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

(iv) An employee whose employment is terminated by the employer on the business day preceding a holiday

or holidays otherwise than for misconduct shall be paid for such holiday or holidays, but this provision shall not apply to an employee employed for the two weeks or less.

(v) An employee who has been employed for not less than one month, on leaving or being discharged, shall

upon request, be entitled to a statement in writing, containing the date when the employment began and the date of its termination.

6. Hours

(i) Weekly Hours - The ordinary hours of work of employees shall not exceed an average of thirty eight

per week over a four week cycle, Monday to Sunday, inclusive, and, save for the meal times prescribed, all time between the actual commencing time and the actual ceasing time on any day shall count and be paid for as time worked.

Provided that weekly existing employees employed in Warehouse administration as at 1st June, 1994 shall retain the right to a Monday to Friday working week, unless by mutual agreement between the employee and the employer. Provided that weekly existing employees employed in Supermarket Administration as at 19th April, 1994 shall retain the right to a Monday to Friday working week, unless by mutual agreement between the employee and the employer. A cycle of 19 working days in four weeks with at least once every two weeks an employee shall be granted two consecutive days off (not including the 19 day month RDO). Provided that by mutual award some other roster arrangement may be worked not exceeding 20 days in a four week cycle. Except full-time employees engaged in Warehouse Administration prior to 1st June 1994, who shall retain the right to work the quantum of hours per fortnight, applicable at the time. By mutual agreement such employees may work a roster with a quantum not exceeding an average of 38 hour per week. Except full-time employees engaged in Supermarkets Administration prior to 19th April, 1994, who shall retain the right to work the quantum of hours per fortnight, applicable at the time. By mutual agreement such employees may work a roster with a quantum not exceeding an average of 38 hour per week.


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The minimum number of ordinary hours which may be worked on any one day shall be for full-time employees 4 hours and part-time employees 4 hours. The maximum number of ordinary hours which may be worked on any one day shall be 11 hours. New employees who are employed after the 31st May 2001 will not be offered the option of the 19 day month (RDO).

(ii) Commencing Time - The commencing time of the ordinary hours of work shall be 6.00am. (iii) Ceasing Time - The times for the cessation of the ordinary hours of work by employees shall not be

later than 6.00pm. (iv) An employee whose ordinary working period includes a Saturday, Sunday or holiday as an ordinary

working day shall be paid:-

Saturday time and one quarter Sunday time and one half Holiday double time and one half

(v) Within the commencing and ceasing times prescribed, employees shall be given a regular starting and

ceasing time for each day, in writing, which shall not be changed except upon not less than seven days' notice unless by agreement with the employee or in the event of an emergency.

Provided that for Supermarket Administration employees, as at 19 April 1994, hours outside of 7.00am to 5.30pm shall only be by way of mutual award.

(vi) Weekly employees who are unable to work a part of their rostered hours due to some unforeseen

pressing family matter, may be allowed, at the initiation of the employee and with the mutual agreement of the Department Manager make up the number of hours lost, at some arranged time convenient to the Company, within the next 28 days.

7. Shift Work

(i) Definition of shifts in this clause.

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight. "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m. and any shift where ordinary hours commence prior to 4.00 a.m. "Early Morning Shift" means a regular shift commencing between 4.00 a.m. and 6.00 a.m.

(ii) Hours, Shift Allowances, Special Rates, Meal Interval-

(a) Notwithstanding any other provisions of this award an employee may be employed upon shifts Monday to Sunday inclusive, in which case the ordinary hours shall not exceed eleven in any day; or one hundred and fifty-two per four week cycle.

(b) Times of beginning and ending the shift of any employee may be varied in the event of an

emergency, or in any case by agreement between the employee and the employer, or in the absence of agreement by at least one week's notice given by the employer to the employee.

(c) A shift worker employed on shift shall for work done during the ordinary hours of any such shift

be paid ordinary rates prescribed by clause 10, Wages


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Afternoon shift at the rate of 17% Night Shift at the rate of 25% Early Morning Shift at the rate of 7%

(d) A shift worker whose ordinary working period includes a Saturday, Sunday or holiday as an

ordinary working day shall be paid:-

Saturday time and one quarter Sunday time and one half Holiday double time and one half

(e) For the purposes of this clause any employee whose ordinary hours of work commence before

and continue past midnight shall be regarded as working on a holiday only if the greater number of his/her working hours fall on the holiday, in which case all time worked shall be regarded as holiday work; provided that if the number of ordinary hours worked before and past midnight is equal, all ordinary time worked shall be regarded as time worked on the day on which the shift commenced.

(f) Twenty minutes shall be allowed to a shift worker for a meal during each shift before the

expiration of five hours. Such meal break shall be counted as time worked. (iii) Special Rates Not Cumulative- The penalties prescribed by this clause are in substitution for and not

cumulative upon the shift allowances prescribed in subclause ii) of this clause.

8. Rest Pauses and Meals (i) Where the employee works more than four ordinary hours on any day shall be allowed a rest pause of

ten minutes, counted and paid for as time worked. (ii) Meal breaks shall not count as time worked. (iii) Each employee works five hours or more on any day shall be allowed a rest pause of ten minutes and a

meal break of between 30 minutes and one hour. A part time employee may work six hours without a meal break where they work a six hour shift. However, this arrangement is subject to the employee's agreement.

(iv) An employee who works nine ordinary hours or more on any day shall be allowed two rest pauses (each

of ten minutes duration) if only one meal break is taken; or one rest pause of ten minutes if two meal breaks are taken.

(v) The meal breaks prescribed in this clause shall be given and taken so as not to interfere with the

continuity of work and to meet special cases mutual agreement may be made between the employee and employer regarding meal times.

9. Rostered Day Off Falling on a Holiday

Where an employee's rostered day off falls on a day prescribed as a holiday, the employee shall be paid by mutual agreement between the employer and the employee in one of the following methods: (i) Payment of an additional day's wages. (ii) Addition of one day to the employee's annual holidays. (iii) Another day may be allowed off with pay to the employee within twenty-eight days after the holiday

falls. (iv) Another day off either immediately before or after the day of the public holiday.


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10. Wages & Allowances

(i) The minimum rates of pay for employee working a 38 hour week shall be as follows. The payment

contained in the table below will take effect from the 1st pay period on or after the relevant dates outlines in the table below.

Clerk Grade 1 As of 01/06/04 $ 21 year old (100%) 639.86 20 year old (90%) 575.87 19 year old (80%) 511.89 18 year old (70%) 447.90 17 year old (60%) 383.92 16 year old (50%) 319.93 Under 16 years (40%) 255.94 Clerk Grade 2 21 year old (100%) 658.43 20 year old (90%) 592.59 19 year old (80%) 526.74 18 year old (70%) 460.90 17 year old (60%) 395.06 16 year old (50%) 329.22 Under 16 years (40%) 263.37 Clerk Grade 3 702.15

(ii)

(a) Where an employee is a qualified first aid attendant and is employed to carry out duties of a qualified first aid attendant the person shall be paid an amount of $16.76 per week from 01/06/04 in addition to the appropriate rates prescribed by this clause.

(b) An employee employed in the course of their employment by the company to speak a language

in addition to English on the site shall be paid the sum of $8.81 per week from 01/06/04 in addition to the appropriate rate prescribed by this clause.

11. Relieving in Higher Position

Any employee relieving another in a higher position, other than during meal times, shall be paid the higher rate whilst so relieving.

12. Travel Expenses (i) If an employee is temporarily transferred the employee shall be allowed an extra cost of travelling and

shall be paid at ordinary rates for any excess time occupied in travelling. (ii) Where employees occasionally use their car, on the employer's business, shall be paid an allowance for

each kilometre so travelled of 53 cents as of 01/06/04.

13. Overtime (i) An employee shall be paid overtime for all work:-

(a) in excess of weekly rostered hours; (b) before regular commencing time on any one day;


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(c) after regular ceasing time on any one day; (d) in excess of eleven hours on any one day; (e) when required to work, as a regular rostered day off;

(ii) The rate of overtime shall be time and one half for the first two hours on any one day and at the rate of

double time thereafter. All overtime worked on a Sunday shall be paid at the rate of double time with a minimum payment of three hours.

(iii) Time off in lieu of Overtime

By mutual agreement the rate of overtime may be time off in lieu of overtime provided that:-

(a) An employee may elect , with consent of the Company, to take time off in lieu of payment for overtime at a time or times agreed with the Company.

(b) Overtime taken as time off during ordinary time hours shall be taken at the penalty rate

equivalent. (c) The Company shall provide payment, at the rate provided for the payment of overtime in the

Award, for any overtime worked under section (I) of this clause, where such time off is not taken within four weeks of accrual.

(d) Each period of overtime shall stand alone and there shall be a fresh decision by the employee

on each occasion

14. Meal Allowance An employee required to work overtime for 2 hours or more shall be paid a meal allowance of $9.99 as at 01/06/04.

15. Payment of Wages (i) All wages shall be paid weekly with payment via electronic funds transfer made on the same day

weekly, with the employer retaining no more than three days in hand. Provided that where a public holiday falls on the day prior to the normal pay day, wages may be paid on the day following the normal pay day.

(ii) Where employment is terminated, an employee shall be paid forthwith all wages due and other moneys

due within seven days of the date of the termination of the employment.

16. Public Holidays (i) The following day or days observed as such shall be holidays; New Year's Day, Australia Day, Good

Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and all other days proclaimed as public holidays for the state.

(ii) Every employee allowed a holiday specified herein shall be deemed to have worked in the week in

which the holiday falls, the number of ordinary working hours that the employee would have worked had the day not been a holiday.

(iii) Work done on any of the above holidays shall be paid for at the rate of double time and one-half with a

minimum payment of three hours. (iv) In addition to the holidays prescribed, weekly employees shall be entitled to an additional holiday

without loss of pay as a picnic day, to be added to the employee's first period of annual leave commencing after Easter in each year.


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(v) Provided further that where an employee terminated prior to the taking of such a day, the employee

shall receive an additional day's pay on termination. (vi) An employee absent without leave on the day before or the day after any holiday shall be liable to

forfeit wages for the day of absence as well as for the holiday except where an employer is satisfied that the employee's absence was caused through illness in which case wages shall not be forfeited for the holiday; provided that an employee absent on one day only, either before or after a group of holidays, shall forfeit wages only for one holiday as well as for the period of absence.

17. Sick Leave

(i) An employee, who, subject to subclause ii) of this clause, is unable to attend for duty during ordinary

working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct shall be entitled to be paid at ordinary time of pay for the time of such non-attendance subject to the following:-

(a) shall not be entitled to paid-leave of absence for any period in respect of workers' compensation (b) shall not be entitled during the first year of employment to sick pay for more than thirty eight

ordinary hours and during the subsequent years of employment to sick pay for more than sixty one ordinary hours for full-time thirty-eight hour employees or pro rata thereof.

Provided that employees engaged in Supermarket Administration prior to 21st February 1985 shall be entitled to seventy-two hours per year.

(c) The untaken entitlement under this clause shall accumulate from year to year so long as the

employment continues with the employer. (ii) The granting of sick leave shall be subject to the following conditions and limitations:

(a) The employee shall, as far as possible, inform the employer of the inability to attend for duty, prior to the time of commencement and the nature of the illness or injury and the estimated duration of the absence.

(b) The employee shall furnish to the employer such evidence as the employer reasonably may

desire that they were unable, by reason of such illness, or injury, to attend for duty on the day or days for which sick leave is claimed.

(c) A part-time employee shall not be entitled in any one year to leave in excess of the number of

hours in the normal working week of such employee, but any leave not taken in any year shall accumulate proportionately and shall be available to such employee under the same conditions in other respects as prescribed by paragraph b of subclause i) of this clause.

(d) Payment for any absence on sick leave in accordance with this clause, during the first three

months of service, may be withheld until the employee completes such three months of service at which time the payment shall be made.

17A. Leave of Absence

(i) Where a weekly employee applies for and is granted a period of authorised unpaid leave of absence of

one weeks duration or more, all entitlements to annual leave, sick leave or long service leave will be frozen from the date of commencing such leave to the date of returning from such leave.

Provided that:- (a) the maximum period of absence on any one occasion may be 4 weeks


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(b) such absence shall not break continuity of employment for the employee concerned. (c) employees have at least one year's service (d) employees are limited to 2 periods of such leave in any 5 years service.

(ii) An application for Leave of Absence shall be considered for a approved period of unpaid leave, for the

following reasons, which whilst not exhaustive, may include:-

an employee who is studying and requires time to attend exams or participate in annual school holidays an employee who wishes to travel overseas for an extended period an employee who requires time off to care for a sick or injured close relative

17B. Personal Carers Leave (i) Use of Sick Leave

(a) An employee other than a casual employee, with responsibilities in relation to a class of person set out in subclause (c) who needs the employer's care and support, shall be entitled to use, in accordance with the subclause , any current or accrued sick leave entitlement, provided for in subclause 17 of the award, 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 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.


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

and

(2) the person concerned being:

2.1 a spouse of the employee; or 2.2 a defacto 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

2.3 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 defacto spouse of the employee; or

2.4 a same sex partner who lives with the employee as the defacto partner of that

employee on a bona fide domestic basis; or 2.5 a relative of the employee who is a member of the same household, where for the

purposes of this paragraph:


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(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.

(3) 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 shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(ii) Unpaid Leave for Family Purposes

(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 persons set out in subclause (c)(2) above who is ill.

(iii) Annual Leave

(a) An employee may elect, with the consent of the employer, subject to the NSW 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 (iii)(a) above, shall be exclusive of any

shutdown period provided for elsewhere under this award. (c) An employee and employer may agree to defer payment of annual leave loading in respect of

single day absences, until at least five consecutive annual leave days are taken. (iv) Time Off in Lieu of Payment of Overtime

(a) For the purpose only of providing care and support for a person in accordance with clause (i) above, and despite the provisions of clause 13(iii) 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 twelve (12) months of the said election.

(c) 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. (d) If, having elected to take time as leave in accordance with paragraph (iv)(a) above, the leave is

not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve(12) month period or on termination.

(e) Where no election is made in accordance with paragraph (iv)(a), the employee shall be paid

overtime rates in accordance with the award. (v) Make-up Time


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(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.

(vi) Roster Days Off

(a) An employee may elect, with the consent of the employer, to take 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 employer.

(d) This subclause is subject to the employer informing each union which is 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.

18. Compassionate Leave

A weekly employee shall on the death of a wife, husband, father, mother, parent-in-law, grandparent, grandparent-in-law, child, sister, brother, sister-in-law, brother-in-law, stepmother, stepfather, stepchild, foster parents or grandchild be entitled on notice to leave up to and including the day of the funeral of such relative and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days' work. Proof of such death shall be furnished by the employee to the satisfaction of the employer, together with proof of attendance in the case of a funeral outside Australia. Where the death of a named relative herein occurs outside Australia and the employee does not attend the funeral, the employee shall be entitled to one day. This clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purpose of this clause, the words "wife" or "husband" shall not include a "wife" or "husband" from whom the employee is separated, but shall include a person who lives with the employee as a de-facto "wife" or "husband" as the case may be.

19 Jury Service An employee shall be allowed leave of absence during any period when required to attend for jury service. During such leave of absence, an employee shall be paid the difference between the jury service fees and the employee's ordinary rate of pay as if working. An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

20. Long Service Leave See NSW Long Service Leave Act 1955

21. Annual Holidays (i) See NSW Annual Holidays Act 1944.


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(ii) Provided that the employee may apply to take, up to one week's annual leave per year, in single days to attend to family matters.

(iii) In addition seven day shift workers, that is afternoon and night shift workers who are rostered to work

regularly on Sundays and holidays, shall be allowed one additional week's leave.

22. Annual Holidays Loading (i) Before an employee is given and takes annual holiday, then before each of such separate periods, the

employer shall pay the employee a loading in accordance with this clause.

NOTE - The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance. If the employment of such an employee continues until the anniversary date, the loading then becomes payable in respect of the period of such holiday and is to be calculated applying the rates of wages payable on that day.

(ii) 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. (iii) The loading is the amount payable for the period or the separate period at the rate per week of 17.5

percent.

Provided that employees engaged in Warehouse Administration prior to 28/7/94 shall be paid at the rate of 25 percent. Provided that employees engaged in Supermarkets Administration prior to 21st February 1985 shall be paid at the rate of 25 percent. Further provided that, if the amount to which the employee would have been entitled by way of night work and/or weekend loadings 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.

(iv) Where, the employer's establishment or part thereof temporarily closed down for the purpose of giving

an annual holiday or leave without pay to the employees concerned:

(a) an employee who is entitled to an annual holiday and who is given and takes such a holiday shall be paid the loading;

(b) an employee who is not entitled to an annual holiday and who is given and takes leave without

pay shall be paid proportional holidays and loading as if entitled to be deducted from leave when due.

(v)

(a) When the employment is terminated by the employer for a cause other than misconduct and has not taken the whole of an annual holiday due, shall be paid the loading for the period not taken.

(b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of

an employee's employment.

23. Family Leave Full time and part time employees shall be entitled to three days paid Family Leave per year in order to attend to unforeseen family matters, subject to the production of satisfactory evidence. Employees seeking to take family leave must be responsible for the care of the family member concerned and the family member must be a member of the employee’s household.


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Such leave is non - cumulative.

24. Parental Leave See the NSW Industrial Relations Act 1996.

25. Achieving Company Standards Employees will be required to meet company standards on all occasions. This will include the company standards regarding job performance, smoking, alcohol/drugs, emergency procedures, document security, honesty, presentation, dress, grooming, language, sexual harassment, and occupational health and safety. (i) Dress Standards

(i) The Company image is an important responsibility borne by all employees. To this end, when at work, all employees' presentation, grooming and dress shall be in a neat, tidy, businesslike manner at all times. Denim jeans, tee-shirts and runners are not viewed as being business dress and are not permitted.

(ii) An employee who, without due cause, is not satisfactorily dressed when in attendance at the

workplace will be counselled to conform with the required standard. (iii) The Company shall exercise mature judgement and will not be harsh or unreasonable in applying

subclause (ii) above. (ii) Alcohol and Drugs

Drinking of alcohol or the taking of illegal drugs during work hours is not permitted. Employees under the influence of alcohol or illegal drugs may be dismissed.

(iii) Objectionable Language and gestures

The use of objectionable language and gestures, particularly if such language and gestures are directed toward the Company, Company employees, or customers of the Company, may result in dismissal.

(iv) Sexual Harassment

The Company believes that sexual harassment is a form of discrimination which is offensive and damaging to morale and reflects on the integrity of the Company. Given the sensitive nature of the matter, it is important that any complainant must feel comfortable when discussing the problem. In view of this, cases of sexual harassment will not be dealt with in the first instance through the normal grievance procedures, but should be referred to the Human Resources Manager. An employee may consider themselves to be sexually harassed in their employment if they have an approach by a manager, employee, or customer of the Company which is sexual in nature and is unwelcome or offensive to that employee and which is repeated or of such a significant nature that it has detrimental effect on the employee’s employment, job performance or job satisfaction.

26. Settlement of Disputes and Grievances

(i) Procedures relating to disputes & grievances of employee(s):

(a) The employee is required to notify the Immediate Supervisor as to the substance of the grievance, request a meeting with the immediate Supervisor and an independent witness if


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required by the employee, for discussions and state the remedies sought. This meeting shall take place within two (2) working days of the issue arising (weekends and holidays excepted).

(b) If agreement is not reached between the employee and the immediate Supervisor, the matter shall

then be referred by the immediate Supervisor to the Department Head no later than three working days after the period stated in paragraph (a) of this sub-clause(weekends and holidays excepted). The Department Head will meet with the employee and the union delegate, if requested by the employee, within two (2) working days (weekends and holidays excepted). At this stage the employee may involve the area union organiser.

(c) If agreement is not reached between the employee and the Department Head, the matter shall

then be referred by the Department Head to the Human Resources Manager no later than three working days after the period stated in paragraph (b) of this sub-clause (weekends and holidays excepted). At this stage the employee may involve the area union organiser.

(d) The Human Resources Manager 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) Whilst a procedure outlined in paragraphs (a), (b), (c) and (d) of this subclause are being

followed, normal work must continue. (f) The employer may be represented by an industrial organisation of employers and the employee

may be represented by an industrial organisation of employees for the purposes of step (c) & (d) of the procedure.

(ii) Procedures relating to concerns about an employee's job performance:

(a) Where a question, dispute or difficulty arises concerning an employee's job performance or breach of company policy, expect for cases of misconduct justifying instant dismissal, a meeting shall take place between the immediate Supervisor, the employee and the union delegate if requested by the employee, at which attempts will be made to clarify the area of concern or breach of company policy and will be documented; a program of remedial action will be formulated, e.g. retraining, and a date of review will be set.

(b) If resolution is not reached or there is a recurrence of the matter or another infringement, a

meeting shall be arranged between the employee and the Department Head at which attempts will be made, in the presence of the union delegate or independent witness, to clarify the area of concern or breach of company policy and will be documented; a program of remedial action will be formulated, e.g. retraining, and a date of review will be set.

(c) If resolution is not reached or there is a recurrence of the matter or another infringement, a

further meeting shall be arranged between the employee and the Department Head at which attempts will be made, in the presence of the union delegate or independent witness, to clarify the area of concern or breach of company policy and will be documented, a program of remedial action will be formulated, e.g. retraining, and a date of review will be set. Further the employee will be reminded of the seriousness of the situation and warned that further infringements may result in the termination of the employee.

(d) While the procedure outlined in this clause is being followed, normal work must continue. (e) The employer may be represented by an industrial organisation of employers and the employee

may be represented by an industrial organisation of employees for the purposes of each step of the procedure.

(f) If the matter still cannot be resolved, the matter may be referred to the Industrial Relations

Commission.

27. Commitment to Training and Careers


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The parties acknowledge that varying degrees of training are provided to employees in the retail industry, both via internal, on-the-job and through external training providers. The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where it is required. It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees in the retail industry and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training. The parties are committed to encouraging young people to view the retail industry as one which has the capacity to provide them with an interesting career as they progress not only through junior ranks but also as adults. The parties agree to continue discussion on issues raised by the union related to training.

28. Redundancy (a)

(i) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions.

(ii) The discussions shall take place as soon as is practicable after the employer has made a definite

decision which will invoke the provision of subparagraph (i) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

(iii) For the purposes of the discussion the employer shall, as soon as practicable, provide in writing

to the employees concerned and their union or unions, 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 workers normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall not be required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

(b) Where an employee is transferred to lower paid duties for reasons set out in subclause (a) hereof the

employee shall be entitled to the same period of notice of transfer as the employee 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 difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

(c)

(i) 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 call "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

(1) the continuity of the employment of the employee shall be deemed not to have been

broken by reason of such transmission; and (2) the period of employment which the employee has had with the transmittor or any prior

transmittor shall be deemed to be service of the employee with the transmittee.


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(ii) In this subclause "business" includes trade, process, business or occupation and includes part of

any such business and "transmission" includes transfer, conveyance, assignment or succession whether by award or by operation of law and "transmitted" has a corresponding meaning.

(d)

(i) During the period of notice of termination given by the employer 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.

(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 the employer, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent.

For this purpose a statutory declaration will be sufficient.

(e) Where a decision has been made to terminate 15 or more employees in the circumstances outlined in

subclause (a) hereof, the employer shall notify the appropriate Government Employment Service (Centrelink) thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(f) In addition to the period of notice prescribed for ordinary termination in subclause (d) of this award and

subject to further order of the Commission, 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:

If an employee is under 45 years of age, the Company shall pay in accordance with the following scale:

Years of service Under 45 years of Age Entitlement Less than one year Nil 1 year and less than 2 years 4 weeks 2 years 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

If an employee is 45 years old or over, the Company shall pay in accordance with the following scale:

Years of service 45 years of Age and Over Entitlement Less than one year Nil 1 year and less than 2 years 5 weeks 2 years 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

"Weeks' pay" means the ordinary time rate of pay for the employee concerned. Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.


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(g) The Company agrees to discuss the quantum of redundancy payments to employee’s covered by this award where significant redundancies become necessary during the life of this award.

(h) An employee whose employment is terminated for reasons set out in paragraph (a)(i) hereof may

terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(i) An employer, in a particular redundancy case, may make application to the Commission to have the

general severance pay prescription varied on the basis of the employer's incapacity to pay. (j) An employer, in a particular redundancy case, may make application to the Commission to have the

general severance pay prescription varied if the employee obtains acceptable alternative employment. (k) Where employment is terminated as a consequence of misconduct, or in the case of casual employees,

or in the case of employees engaged for a specific period of time or for a specific task or tasks, this clause shall not apply.

(l) This clause shall not apply to employees with less than one year's continuous service and the general

obligation on employers should be no more than to give relevant 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.

29. Introduction of Change

(i) Where an employer 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 employer shall notify the employees who may be affected by the proposed changes and the union.

(ii) "Significant effects" include termination of employment, major changes in the composition, operation or

size of the employer'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 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.

(iii) The employer shall discuss with the employees affected and the union, the introduction of the changes

referred to in subclause (i) 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 given prompt consideration to matters raised by employees and/or the union in relation to the changes.

(iv) The discussions shall commence as early as practicable after a firm decision has been made by the

employer to make the changes referred to in subclause (i) hereof. (v) For the purposes of such discussion, the employer shall provide to the employees concerned and the

union, all relevant information about the changes including the nature of the changes proposes; the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would be detrimental to its interests.

30. Union Deductions

The Company undertakes upon authorisation to deduct union membership dues, as levied by the Branch of the Union in accordance with its rules, from the pay of employees who are members of the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union. Such monies collected will be forwarded to the Union at the beginning of each month together with all necessary information to enable the reconciliation and crediting of subscription to members' accounts.


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31. Superannuation

(i) Definitions

(a) "Ordinary time earnings" in this clause means the employees' rate of pay including any over award and/or merit payments, casual loadings, penalty rates and/or shift loadings (but excluding overtime, commission and occasional bonus payments).

(b) "Eligible employee" in this clause means any employee employed by the Company under this

award, who works as a full-time employee, part-time employee or as an adult casual (working regularly twelve hours or more per week). In this clause employee means eligible employee.

(c) "The fund" in this clause all reference to the fund shall mean the Clerical Administrative and

Related Employees Superannuation Pty Ltd (CARE). (ii) For the purpose of this clause the fund into which payments are to be made shall be the Clerical

Administrative and Related Employees Superannuation Pty Ltd (CARE). (iii)

(a) The employer shall apply to the trustees of the fund to become a participating employer in the fund.

(b) Each employee shall, upon being accepted by the trustees of the fund, make application to

become a member of the fund. (iv)

(a) Subject to the above, where an employee is only a member of CARE, the company shall contribute to CARE on behalf of each eligible employee at the following rates-

from 1 July 2002: 9% of ordinary time earnings

(b) The company shall contribute to the fund monthly in respect of each eligible employee an

amount equal to 3% of that employee's ordinary time earnings each week. Additionally, the company shall pay the difference between the above 3% contribution and the level required by the Superannuation Guarantee outlined in Clause 32 (iv) (a) each quarter.

(c) Where an employee is absent on leave without pay, whether ort not such leave is approved, no

contribution from the employer shall be due in respect of that employee in respect of that period of unpaid absence.

(d) Employees who may wish to make contributions to the fund additional to those being paid by the

employer pursuant to paragraph (i) hereof shall be entitled to authorise the employer to pay into the fund from the employee's wages amounts specified by the employee. Employee contributions to the fund requested under this paragraph shall be made in accordance with the rules of the fund.

(v) The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last

day of such employee's employment with the employer. (vi) An employer who participates in the fund shall not cease participation in the fund whilst employing any

employees. (vii) Each employer shall pay such contributions together with any employee deductions in accordance with

the requirements of the trust deed of the fund.


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32. Leave Reserved

The parties agree to place the matter of the classification structure in leave reserved, to be discussed if circumstances alter.

33. 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 of a carer.

(2) It follows that in fulfulling 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 of 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. Note: (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".

34. Induction of New Employees

At the induction of new clerical employees covered by this award, a membership form to join the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union will be provided to each new employee.

35. Right of Entry


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The right of entry for the union will be in accordance with the NSW Industrial Relations Act 1996.

36. Area, Incidence and Duration This award rescinds and replaces the Woolworths Supermarkets and Warehouse Administration (State) Award, published 12 July 2002, (335 I.G. 22). This award shall only apply to persons employed by all new and existing Woolworths Limited, Woolstar Limited and Queensland Properties Investment Proprietary Limited in a clerical capacity at the Yennora Administration Centre, Homebush, Moorebank (Centenary Avenue, Moorebank), Minchinbury and Yennora Warehouses, and Blacktown Regional Office. It shall take effect from the first full pay period to commence on or after 31 May 2004 at these sites and remain in force until 31 May 2005.

A. W. MACDONALD, Commissioner.

____________________ Printed by the authority of the Industrial Registrar.


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(1812) SERIAL C3766

M5 EAST - OPERATORS AWARD 2005


Application by The Australian Industry Group New South Wales Branch, industrial organisation of employers and a State Peak Council for Employers.

(No. IRC 2408 of 2005 )

Before The Honourable Justice Kavanagh 19 May 2005

AWARD

Arrangement


1. Title 2. Date of Operation 3. Joint Statement 4. No Duress 5. No Extra Claims 6. Introduction

6.1 Definitions 6.2 Location 6.3 Aims

7. Commitment 8. Contract of Employment 9. Shifts and Hours of Work

9.1 Continuous Shifts 9.2 Hours of Work

10. Annualised Salaries and Wages 10.1 Full-Time Employees 10.2 Part-Time Employees 10.3 Casual Employees 10.4 Overtime

11. Duties 11.1 General Duties of Control Room Operators 11.2 Other Duties 11.3 Commitments

12. Breaks 13. Electronic Funds Transfer 14. Redundancy 15. Technological Change 15. Superannuation 17. Annual Leave 18. Sick leave

18.1 Full-time Employees 18.2 Part-time Employees


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19. Long Service Leave 20. Jury Service Leave


21. Personal/Carer's Leave

21.1 Use of Sick Leave 21.2 Unpaid Leave for Family Purpose 21.3 Annual Leave 21.4 Time Off in lieu of Payment for Overtime 21.5 Make-up Time

22. Parental Leave 23. Bereavement Leave


23. Occupational Health and Safety 25. Clothing 26. Medical Examinations 27. Training 28. Alcohol and Other Drugs 29. Probationary Period 30. Dispute Settlement Procedures 31. Anti-Discrimination 32. Deduction of Union Membership Fees

1. Title

The short title of this Consent Award shall be the 'M5 East - Operators Award 2005' ("Award").

2. Date of Operation This Award shall commence on 19 May 2005. Its nominal term will be three years.

3. Joint Statement This Award is between the Employer (as defined in clause 6) and The Australian Workers' Union, New South Wales (Technical, Administrative, Professional Staff Branch) (the "Union"), acting on behalf of the Employees employed under this Award who are eligible to be members of the Union and who are engaged to work on the M5 East. This Award shall apply to the employment by the Employer of Employees classified as Operators required to perform work in connection with the operation and maintenance of the M5 East and all tasks incidental to such work.

4. No Duress The Parties declare that this Award was not entered into under any duress.

5. No Extra Claims Neither the Union, nor any Employee employed under this Award, shall make any claim against the Employer for any increase in rates of pay or allowances or make any other claim during the life of the Award.

6. Introduction 6.1 Definitions


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"Award" means - the M5 East - Operators Award 2005. "Breaks" means - a break taken in accordance with clause 12 of this Award, that does not form part of an Employee's Ordinary Hours or Ordinary Weekly Hours. "Casual Employee" means - an Employee who is employed and paid by the hour with a minimum guarantee of three hours' work each Shift and whose employment terminates at the end of each Shift, and will not include a Relief Employee. "Client" means - the company to which the Employer contracts to operate and maintain the M5 East. "Continuous Shift Work" means - work undertaken on the basis of a continuous rotating Shift Roster. "Continuous Shift Work Employee" means - a Full-time or Part-time Employee engaged to work or working Continuous Shift Work. "Control Centre" means - the premises situated at 46-50 West Botany Street, Arncliffe, NSW 2205. "Operator" means - an Employee whose duties are defined in clause 11 of this Award. "Day Shift" means - a Shift that starts between 6.00 am and 6.00 pm. "Employee" means - a person engaged by the Employer under the terms of this Award and includes Full-time, Part-time and Casual Employees. "Employer" means - BHEGIS Joint Venture, which is an unincorporated joint venture of which the partners are EGIS Projects Asia Pacific Pty Ltd and Baulderstone Hornibrook Pty Ltd. "Full-time Employee" means - an Employee employed to work on the basis set out in clause 9.2. "Holiday" means - the following Public Holidays and any other Public Holiday proclaimed and gazetted under relevant legislation from time to time:

New Year's Day Anzac Day Australia Day Queen's Birthday Good Friday Labour Day Easter Saturday Christmas Day Easter Monday Boxing Day

"M5 East" means - the carriageways from General Holmes Drive, Mascot to King Georges Road, Beverly Hills including all bridges, ramps, services, equipment, underpass, ventilation stations and tunnels connected to or forming part of the freeway facilities. "General Manager" means - the person appointed by the Employer to manage the operation and maintenance of the M5 East. "Night Shift" means - a Shift which starts between 6.00 pm and 6.00 am. "Ordinary Hours" means - hours which form part of the Ordinary Weekly Hours. "Ordinary Weekly Hours" means - for:

(a) Full-time Employees - hours worked in accordance with clause 9.2 of this Award; or (b) Part-time Employees - an amount of regular hours between 15 and 39 hours per week.


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"Ordinary Time Rate of Pay" means - the hourly rates of pay for Part-Time and Casual employees set out in clauses 10.2 and 10.3 of this Award. "Parties" means - the Employer, the Union and the Employees. "Part-time Employee" means - an Employee employed on a part-time basis. "Premises" means - all the land on which the M5 East is located. "Redundancy" occurs when an Employee's position ceases to exist and may be caused by a variety of reasons, including, among others, technological change, loss of business or economic downturn. "Relief Employee" means - a person employed by the Employer as a member of staff or engaged in another classification, division, business or operation who is directed by the Employer to provide relief duties in order to cover for the absence from duties of any Employee covered by this Award. "Roster" means - a schedule determining the hours of work of Full-time or Part-time Employees. "Shift" means the work hours of a Full-time, Part-time or Casual Employee in any one day. "Shift Roster" means - a schedule determining the hours of work of Shift Work or a schedule determining the hours of work of Continuous Shift Work , as the case requires. "Shift Roster Cycle" means - the period over which one full cycle of Shift Work or Continuous Shift Work are completed, respectively. "Shift Work" means - work regulated by a Shift Roster. "Supervisor" means - a person engaged by the Employer on a salary basis to supervise the work of Employees. "Union" means The Australian Workers' Union, New South Wales (Technical, Administrative, Professional Staff Branch).

6.2 Location

The Employees will be based at the Control Centre or at other locations on or adjacent to the M5 East as required by the Employer from time to time.

6.3 Aims

The Parties have agreed to work together to develop a committed and skilled work force that is focused on high productivity and safe working conditions.

In particular the Parties have agreed to the following specific objectives:

(a) to provide a safe and healthy work place, adhere to all of the Employer's safety policies and

regard as a minimum standard State or National Occupational Health and Safety Standards and Codes of Practice;

(b) to empower Employees to make and be accountable for decisions; (c) to promote a strong emphasis on teamwork; (d) to encourage innovative action by Employees; (e) to provide for the efficient and flexible operation of the functions to be carried out; (f) to encourage Employees to become multi-skilled and flexible in the performance of tasks;


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(g) to focus on the long term satisfaction of the Client and improvement of the quality of service to

the public; (h) to comply with specified environmental requirements (i) to provide appropriate training and/or guidance to Employees; and (j) to ensure that the M5 East remains open, well maintained and in efficient operation 24 hours per

day, each day of the year.

7. Commitment The Parties are committed to ensuring that: (a) this Award leads to real gains in productivity and workplace efficiencies, without any reduction in

health and safety standards; (b) this Award leads to the flexible performance of tasks by Employees; (c) all requirements of this Award are observed; (d) no further increases or decreases in any conditions, including but not limited to rates of pay, to those

provided for in this Award will be claimed or paid during the life of this Award.

8. Contract of Employment (a) Each Employee shall be employed on either a Full-time, Part-time or Casual basis under the

classification of Operator. (b) The Employer may from time to time direct Relief Employees to provide duties as an Operator and in

such circumstances the Relief Employees will continue to be covered by their usual terms and conditions and will not be covered by the terms and conditions of this Award.

(c) It is a fundamental requirement of employment that Employees have to deal with the public and provide

friendly, courteous service at all times. Employees shall be required to present a neat appearance to the public at all times and to be punctual and diligent in commencing times for shifts.

(d) Employees will be required to work regularly on Saturdays, Sundays and Holidays to cover all

operations of the M5 East 24 hours per day, seven days per week, 52 weeks per year.

9. Shifts and Hours of Work 9.1 Continuous Shifts

(a) The parties recognise that the Employer's operations must be maintained 24 hours per day, ever day of the year, without exception.

(b) The Employer reserves the right at its absolute discretion to introduce new Shifts from time to

time with the agreement of those Employees whose hours of work will change as a result of the introduction of the new Shift(s). If there is no agreement, the Employer may introduce new Shift(s) on one months’ notice to those Employees whose hours of work will change as a result of the variation.

(c) Employees will be entitled to have a break of ten (10) hours from the time they conclude work

on one Shift and commence work on another Shift. 9.2 Hours of Work

(a) The Shift Roster will be based on Continuous Shift Work (Day and Night Shift rotations).


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(b) The Shift Roster will be based on a Shift Roster Cycle of eight (8) weeks under which

Employees will work an average of:

(i) 40 ordinary hours per week; and (ii) 2 hours of overtime per week.

(c) The Shift Roster will involve:

(i) Employees working four (4) Day and/or Night Shifts followed by four (4) days off; (ii) Shifts of twelve 12 hours duration (including all breaks) and in addition any time spent in

handing over to Employees commencing work on the next Shift; and (iii) Employees working regularly on Saturdays, Sundays and Holidays to cover all operations

of the M5 East 24 hours per day, seven days per week, 52 weeks per year.

(d) The Employer reserves the right at its absolute discretion to vary the Shift Roster and Shift Roster Cycle from time to time with the agreement of those Employees whose hours of work will change as a result of the variation. If there is no agreement, the Employer may vary the Shift Roster on one months’ notice to those Employees whose hours of work will change as a result of the variation.

10. Annualised Salaries and Wages

10.1 Full-Time Employees

(a) All Full-time Employees will be paid an Annualised Salary of:

Annual Salary as of Annual Salary as of Annual Salary as of 1 April 2005 (7% increase) 1 April 2006 (4% increase) 1 April 2007 (3% increase)

$ $ $ 71,742 per annum 74,612 per annum 76,850 per annum

(b) The Annualised Salary includes compensation for (without limitation):

(i) 40 hours of Ordinary Weekly Hours (over an 8 week cycle); (ii) 2 hours of overtime per week (over an 8 week cycle); and (iii) all other allowances and penalties.

(c) An amount equivalent to the Annualised Salary divided by 182 will be deducted for each and

every day of absence from work by a Full-time Employees other than as permitted by:

(i) clause 17 (Annual Leave); (ii) clause 18.1 (Sick Leave); (iii) clause 19 (Long Service Leave); (iv) clause 20 (Jury Duty); (v) clause 21 (Personal Leave);


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(vi) clause 23 (Bereavement Leave); and (vii) by the Employer in its absolute discretion.

10.2 Part-Time Employees

The Ordinary Time Rate of Pay for all Part-time Employees will be:

Hourly Rate as of 1 April 2005 Hourly Rate as of 1 April 2006 Hourly Rate as of 1 April 2007 (7% increase) (4% increase) (3% increase)

$ $ $ 32.85 per hour 34.16 per hour 35.19 per hour

The terms of this award shall apply pro rata to part-time employees. As such this rate will be pro-rated to the actual hours worked on a part-time basis per annum.

This rate is inclusive of all loadings, penalties and allowances.

10.3 Casual Employees

The Ordinary Time Rate of Pay for all Casual Employees will be:

Hourly Rate of Pay as of Hourly Rate of Pay as of Hourly Rate of Pay as of 1 April 2005 (7% increase) 1 April 2006 (4% increase) 1 April 2007 (3% increase)

$ $ $ 37.78 per hour 39.29 per hour 40.47 per hour

This rate compensates the casual employee for non-receipt of such employee benefits as annual leave, sick leave, payment for public holidays not worked, bereavement leave, carer’s leave, parental leave, jury service, severance payment and notice of termination as well as all other loadings, penalties and allowances.

10.4 Probationary Employees

The Ordinary Time Rate of Pay for all Probationary Employees employed pursuant to Clause 30 of this Award will be 85% of the Full-Time, Part-time or Casual Rate of Pay as specified in Clauses 10.1, 10.2 and 10.3 above.

10.5 Overtime

(a) Subject to subclause (d) below, Full-time and Part-Time Employees may be required by the Employer to work reasonable amounts of overtime at overtime rates or as otherwise provided for in this Award to meet the demands for the operation and maintenance of the M5 East.

(b) Payments for overtime will be made only where a Full-time and Part-time Employee is required

or directed to work on a Shift that the employee has not been rostered to work. (c) Payments for overtime worked in accordance with subclause (b) will be paid at the following

rates:

(i) Full-time Employees - time and one half of the Ordinary Time Rate of Pay specified for Part-time Employees in clause 10.2; and

(ii) Part-time Employees - time and one half of the Ordinary Time Rate of Pay specified in

clause 10.2.


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(d) An Employee may refuse to work overtime in circumstances where the working of such overtime

would result in the Employee working hours which are unreasonable. What is unreasonable or otherwise will be determined having regard to:

(i) any risk to employee health and safety; (ii) the employee’s personal circumstances including any family and carer responsibilities; (iii) the needs of the workplace or enterprise; (iv) the notice (if any) given by the employer of the overtime and by the employee of his or

her intention to refuse it; and (v) any other relevant matter.

11. Duties

11.1 General Duties of Control Room Operators

Employees will carry out the following general duties:

(a) manage all operations within the tunnel system and approaches; (b) exercise a duty of care towards the safety of oneself, fellow workers and the public; (c) traffic surveillance and management; (d) air quality and water treatment surveillance and management; (e) co-ordinate incident management activities; (f) co-ordinate, liaise with and be directed by Emergency Services as required; (g) co-ordinate and liaise with the RTA's Transport Management Centre activities; (h) data entry of inspection and maintenance information into the Asset Management System; and (i) complete detailed reports and administration works associated with the above duties and the

general operations of the M5 East. 11.2 Other Duties

(a) The typical duties that employees may be required to carry out are set out in Schedule A. (b) Employees will also carry out such other duties and use such tools and equipment as may be

required or directed by their immediate supervisor or the General Manager and that are within the limits of the Employee's skills, competence and training.

11.3 Commitments

In performing their duties, Employees will be committed to:

(a) teamwork, customer service and safety; (b) multi-skilling, re-training and gaining appropriate competencies and certificates; (c) accepting that the tunnel is a 24/7 operation;


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(d) undertaking additional shifts when required to ensure the tunnel is adequately staffed 24/7; (e) showing a willingness to accept total flexibility of jobs and duties, to ensure unimpeded

flexibility and inter-changeability such that every individual employee will perform any task that the employee is competent to perform, provided that such tasks are safe, legal and logical; and

(f) elimination of any restrictive work practice.

12. Breaks

(a) Subject to subclauses (b) and (c), during each Shift, Employees will be permitted to take breaks and

pauses (including meal breaks) but only in accordance with protocols agreed with their immediate supervisor.

(b) Breaks must only be taken at times that do not prevent:

(i) Employees from being able to respond to incidents; (ii) the efficient operation of the M5 East; and (iii) the efficient manning of the Control Room.

(c) Employees may be required to return from breaks at any time to attend to any matter , and will be

permitted to take the balance of any such breaks at another time during the Shift that satisfies the conditions set out in subclause (b).

13. Electronic Funds Transfer

All wages will be paid by means of electronic funds transfer into a bank account designated by each Employee. Bank charges are the responsibility of each Employee having been taken into account in setting rates of pay prescribed in this Award.

14. Redundancy This subclause shall not apply to Casual Employees. In the event of a Full-Time or Part-Time Employee's position becoming redundant, the Employer will apply the Employment Protection Act 1982 (NSW) as amended from time to time. The Employment Protection Act 1982 provides for the following scale of severance payments in respect of a continuous period of service: (a) If a Full-time or Part-Time Employee is under 45 years of age, the Employer shall pay in accordance

with the following scale:

Years of Service of Age Entitlement Under 45 Years Less than 1 year Nil 1 year and less than 2 years 4 Weeks' Pay 2 years and less than 3 years 7 Weeks' Pay 3 years and less than 4 years 10 Weeks' Pay 4 years and less than 5 years 12 Weeks' Pay 5 years and less than 6 years 14 Weeks' Pay 6 years and over 16 Weeks' Pay


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(b) Where a Full-time or Part-time Employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service of Age Entitlement 45 Years of Age

Less than 1 year Nil 1 year and less than 2 years 5 Weeks' Pay 2 years and less than 3 years 8.75 Weeks' Pay 3 years and less than 4 years 12.5 Weeks' Pay 4 years and less than 5 years 15 Weeks' Pay 5 years and less than 6 years 17.5 Weeks' Pay 6 years and over 20 Weeks' Pay

In this clause, "Weeks' Pay" means:

(i) for a Full-time Employee, the Employee's Annualised Salary set out in clause 10.1(a) divided by

52; and (ii) for a Part-time Employee, the amount equal to the Part-time Employee's Ordinary Weekly Hours

multiplied by the applicable Ordinary Hourly Rate of Pay as set out in clause 10.2.

15. Technological Change The Parties accept that during the life of this Award it may be necessary for the Employer to implement technological change. If this situation arises, Employees will be kept informed of proposed changes. If there is a significant technological change, the Parties to this Award shall consult on that significant change prior to the change being implemented.

16. Superannuation The Employer shall pay on behalf of each Employee contributions of amounts as prescribed by the Superannuation Guarantee (Administration) Act 1992, from time to time. Contributions shall be payable from the date of the commencement of employment of the Employee with the Employer. Contributions and shall be paid into a fund nominated by the Employee.

17. Annual Leave (a) This clause does not apply to Casual Employees. (b) Except as provided by this clause17, the Annual Holidays Act 1944 (NSW) ("Act"), or any act which

replaces the Act, each as amended, shall apply. For the avoidance of doubt, Full-time Employees will be entitled to five (5) weeks of annual leave per year on the basis of a 42 hour week, which amounts to 210 hours per year. Part-time Employees will be entitled to annual leave entitlements on a pro rata basis.

(c) Where Employees take a period of Annual Leave, any Saturdays and Sundays falling within that period

shall be treated as normal working days for the purposes of calculating the Employee's entitlement to Annual Leave.

(d) Where Employees take a period of Annual Leave and a Holiday falls within that period, the Holiday

shall not be included as part of the period of annual leave. (e) An Employee:

(i) must obtain the approval of his or her immediate supervisor or the General Manager before taking any period of Annual Leave; and


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(ii) will only be permitted to take Annual Leave at times that are convenient to the business needs of the Employer and the effective scheduling of Shift Rosters.

(f) Employees will only be permitted to take a maximum of two (2) single days of Annual Leave in any one

year of service. Any additional single days of Annual Leave may be granted by the Employer if the Employee concerned arranges for such shifts to be manned effectively.

(g) Employees will not be permitted to accrue any more than 300 hours of Annual Leave, and the Employer

reserves the right at its absolute discretion to direct the Employees to take Annual Leave at such times as are convenient to the Employer.

(h) For the purposes of this subclause, Full-Time and Part-Time Employees will receive payments during

periods of Annual Leave

at a weekly rate determined by dividing the Annualised Salary set out in clause 10.1(a) by 52.

18. Sick Leave This clause does not apply to Casual Employees. 18.1 Full-time and Part-time Employees

(a) After the completion of three months' continuous service, Full-time and Part-time Employees will be permitted to be absent from work for 84 hours (for Part-time Employees to be determined by a pro rata) on account of illness or injury without deduction of pay from the Annualised Salary set out in clause 10.1(a) or 10.2, subject to the following conditions and limitations:

(i) the Employee will, where practicable, prior to but definitely within 24 hours of the

commencement of such absence, inform the Employer of their inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of absence; and

(ii) the Employee will within 24 hours of returning to work after such illness or injury

provide a medical certificate, or other evidence satisfactory to the Employer, to the Employer stating that the Employee was unable on account of such illness or injury to attend for duty on the day or days for which he/she was absent.

(b) No payments will be made in lieu of untaken sick leave. (c) The Employer reserves the right to refer any Employee for an independent medical opinion at the

Employer's expense. (d) If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be

cumulative from year to year. Provided that the Employer shall not be bound to credit an Employee for sick leave which accrued more than three years before the end of the last completed year of service.

19. Long Service Leave The Long Service Leave Act 1955, or any Act which replaces this Act, each as amended, shall apply.

20. Jury Service Leave


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Casual Employees are not entitled to any Jury Service leave under this Award. 20.1 Full-time and Part-time Employees

Full-time and Part-time Employees will be permitted to be absent from work on account of jury duty without deduction of pay from the Annualised Salary set out in clause 10.1(a) or 10.2, subject to the following conditions and limitations:

(a) the Employee must notify the Employer as soon as possible of the date upon which attendance

for Jury Service is required; (b) the Employee must give the Employer proof of attendance, the duration of such attendance and

the amount received in respect of such Jury Service; and (c) the amount received by the Employee in respect of Jury Service will be refunded to the

Employer.

21. Personal/Carer's Leave 21.1 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, shall be entitled to use, in accordance with this subclause, any current or accrued Sick Leave entitlement, provided for at clause 18, of this Award 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 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.

(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 stepchild, a foster child or

an ex nuptial child), parent (including a foster parent and legal guardian), grand-parent, 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 paragraph:


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(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 shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.


An Employee may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a person as set out in subparagraph (ii) of paragraph (c) of subclause 21.1 of this clause who is ill.

21.3 Annual Leave

(a) An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), 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, shall be exclusive of

any shutdown period provided for elsewhere under this Award. 21.4 Time Off in lieu of Payment for Overtime

(a) Employees 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.

(b) 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. (c) If, having elected to take time as leave in accordance with paragraph (a) 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 on termination.

(d) Where no election is made in accordance with the said paragraph (a), the Part-time Employee

shall be paid Overtime Rates in accordance with this Award. 21.5 Make-up Time

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).

22. Parental Leave

The Industrial Relations Act (NSW) 1996, Chapter 2, Part 4, Divisions 1 and 2 shall apply.

23. Bereavement Leave 23.1 Full-time Employees


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(a) Full-time Employees will be permitted to be absent from work for two (2) days on account of

bereavement leave without deduction of pay from the Annualised Salary set out in clause 10.1(a), subject to the following conditions and limitations:

(i) the Employee must notify the Employer as soon as practicable of the intention to take

Bereavement Leave and will, if required by the Employer, provide to the satisfaction of the Employer proof of death;

(ii) Bereavement Leave shall only be available to the Employee in respect to the death of a

person prescribed for the purposes of Personal/Carer's Leave in subparagraph (ii) of paragraph (c) of subclause 21.1 of this Award provided that, for the purpose of Bereavement Leave, the Employee need not have been responsible for the care of the person concerned; and

(iii) the Employee shall not be entitled to Bereavement Leave under this clause during any

period in respect of which the Employee has been granted other leave.

(b) Bereavement Leave may be taken in conjunction with other leave available under clauses 17, 18 and 19. In determining such a request the Employer will give consideration to the circumstances of the Employee and the reasonable operation requirements of the business.

(c) Further, a Full-time Employee shall be entitled to a maximum of two days' leave without loss of

pay on each occasion and on production of satisfactory evidence of the death outside Australia of the Employee's spouse (which includes de-facto spouse), or parent (which includes a stepparent or foster parent), and where the Employee travels outside of Australia to attend the funeral.

23.2 Part-time Employees

(a) Part-time Employees shall be entitled to up to two days' Bereavement Leave without deduction of pay on each occasion of the death of a person prescribed in this subclause, subject to the following conditions and limitations:

(i) the Employee must notify the Employer as soon as practicable of the intention to take

Bereavement Leave and will, if required by the Employer, provide to the satisfaction of the Employer proof of death;

(ii) Bereavement Leave shall only be available to the Employee in respect to the death of a

person prescribed for the purposes of Personal/Carer's Leave in subparagraph (ii) of paragraph (c) of subclause 21.1 of this Award provided that, for the purpose of Bereavement Leave, the Employee need not have been responsible for the care of the person concerned; and

(iii) the Employee shall not be entitled to Bereavement Leave under this clause during any

period in respect of which the Employee has been granted other leave.

(b) Bereavement Leave may be taken in conjunction with other leave available under clauses 17, 18 and 19. In determining such a request the Employer will give consideration to the circumstances of the Employee and the reasonable operation requirements of the business.

(c) Further, a Full-time Employee shall be entitled to a maximum of two days' leave without loss of

pay on each occasion and on production of satisfactory evidence of the death outside Australia of the Employee's spouse (which includes de-facto spouse), or parent (which includes a stepparent or foster parent), and where the Employee travels outside of Australia to attend the funeral.

24. Occupational Health and Safety It is recognised that safety is a team commitment involving Managers, Supervisors and Employees working together through consultation and co-operation.


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The rights and responsibility of all personnel to express their concern over safety in the workplace and to expect those rights and responsibilities to be addressed is recognised and supported. Information, instruction and training in safe methods of work, relevant legislation, safety procedures, etc., will be provided to all Employees. The Employer shall provide and the Employee shall wear and use protective clothing and safety equipment nominated by the Employer from time to time. The Employee shall request any additional protective clothing or safety equipment required in addition to normal issue and the Employer shall not refuse any reasonable request. Protective clothing and safety equipment shall remain the property of the Employer. Adequate first aid facilities shall be maintained by the Employer in accordance with the Occupational Health and Safety Act 2000 and its regulations, as amended.

25. Clothing Upon appointment the Employer shall issue each Employee with an initial issue of uniform items. Such items shall be replaced or exchanged on a one-for-one basis as required to maintain a proper presentation in the work place. Such uniforms shall remain the property of the Employer and shall not be worn other than when on duty or in transit to and from work. When replaced by a new issue, all replaced items of uniform shall be returned to the Employer. Each Employee is responsible for laundering and maintaining uniforms in a presentable condition. A Laundering Allowance is included in the rates of pay for all classifications.

26. Medical Examinations In addition to the pre-employment examination, the Employer may arrange for general medical examinations of Employees covered by this Award every 12 months and, in addition, lead level and audiogram testing may be conducted every 12 months. There will be no payment in excess of ordinary wages to an Employee to attend these medical examinations which will be carried out during normal working hours on the following basis: All costs of medical checks will be borne by the Employer; The Employer will maintain records of the medical checks; The medical records shall be made available to the Employee concerned; A copy of the medical record is to be forwarded to the Employee's treating doctor on request; and In all other circumstances information contained in the medical records is to remain confidential.

27. Training The Employer will provide training and education to improve workforce skills and understanding of work-related programmes. This training and education will be carried out wherever practical during normal working hours (although such training may be required to be conducted outside normal working hours). The employee will be required to participate in training requirements as specified by the Employer. Notwithstanding this, the employee as a suitably experienced operator, shall participate and provide training of others including any Full-Time, Part-time or Casual employees as directed by the Employer.

28. Alcohol and Other Drugs


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It is agreed that no Employee will be allowed to enter the workplace if the Employee is under the influence of alcohol or any other substance which impairs the Employee's work or is likely to create an unsafe working environment. The General Manager or a Supervisor or their respective nominee may if he or she has a reasonable suspicion that an Employee is under the influence of alcohol or any other substance, direct the Employee to leave the workplace. The Employee if rostered should report for work the following day. An Employee who is found to be under the influence of alcohol or any other substance may have his or her employment terminated.

29. Probationary Period All Employees will be employed on the basis of an initial three-month probationary period. During this period, the Employee’s suitability for continued employment will be assessed. Prior to the completion of the probationary period, the Employer may offer employment to the Employee in accordance with this Award. Should any Employee not be suitable after the Employer has explained its concerns the Employee may be dismissed with one week’s notice. All Probationary Employees shall be paid the Annual Salary as specified in Clause 10.4 of this Award.

30. Dispute Settlement Procedures The Parties agree to facilitate the constructive and speedy resolution of any issue of concern at the workplace and recognise that this commitment is critical to maintaining harmonious relations between the Employer and its Employees. Subject to the provision of the Industrial Relations Act 1996, any dispute shall be dealt with in the following manner: If an Employee has a grievance arising out of his or her employment with the Employer, the Employee shall notify his or her immediate supervisor of the substance of the grievance, request a meeting with that person and state the remedy sought. At this time the Employee may request representation by the Australian Workers' Union, New South Wales (Technical, Administrative, Professional Staff Branch) ("the union"). If the matter cannot be resolved between the Employee or the Employee's representative (including a representative from the union) and the supervisor, it shall be referred to the General Manager. Where appropriate or deemed necessary, the Employee may elect to seek the assistance of his/her workplace delegate or any other person. If the matter is still not resolved, the Employee or their representative may request the General Manager to refer the matter to his or her immediate manager who may assist in the resolution of the grievance. All parties must use their best efforts to resolve the grievance expeditiously and to the satisfaction of the Parties. If the grievance is not resolved by the above process, the Parties may refer the grievance to the Industrial Relations Commission of New South Wales: (a) as a question, dispute or difficulty in respect of the Award ; or (b) for a binding declaration of right under section 154.

Whilst the above procedures are being carried out, work will continue as it did prior to the grievance arising and no stoppage of work or any other form of limitation of work shall occur. Neither Party shall be prejudiced as to final settlement by the continuation of work in accordance with this clause.


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31. 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 ground of race, sex, marital status, disability, homosexuality, transgender identity, age, and carer’s responsibility.

(b) It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed herein,

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.

(c) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because the Employee

has made or may make or has been involved in a compliant of unlawful discrimination or harassment. (d) Nothing in this clause is to be taken to affect:

(i) any conduct or act which is specifically exempted from anti-discrimination legislation; (ii) offering or providing junior rates of pay to persons under 21 years of age; (iii) any act or practice of a body established to propagate religion which is exempted under section

56(d) of the Anti-Discrimination Act 1977; (iv) a Party to this Award from pursuing matters of unlawful discrimination in any State or Federal

jurisdiction. (e) This clause does not create legal rights or obligations in addition to those imposed upon the Parties by

the legislation referred to in this clause.

32. Deduction of Union Membership Fees (i) The Employer shall deduct Union membership fees (not including fines or levies) from the pay of any

Employee, provided that:

(a) the Employee has authorised the Employer to make such deductions in accordance with subclause (ii) herein;

(b) the Union shall advise the Employer of the amount to be deducted for each pay period applying

at the Employer’s workplace and any changes to that amount, (c) deduction of union membership fees shall only occur in each pay period in which payment has or

is to be made to an Employee; and (d) there shall be no requirement to make deductions for casual Employees with less than two

months’ service (continuous or otherwise). (ii) The Employee’s authorisation shall be in writing and shall authorise the deduction of an amount of

Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the Employer to deduct. Where the Employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the Employer without first obtaining the Employee’s consent to do so. Such consent may form part of the written authorisation.

(iii) Monies so deducted from Employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly, or quarterly basis at the Employers election, together with all necessary information to enable the reconciliation and crediting of subscriptions to Employees’ membership accounts, provided that:

(a) where the Employer has elected to remit on a weekly or fortnightly basis, the Employer shall be

entitled to retain up to 5 per cent of the monies deducted; and


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(b) where the Employer has elected to remit on a monthly or quarterly basis, the Employer shall be

entitled to retain up to 2.5 per cent of the monies deducted. (iv) Where an Employee has already authorised the deduction of union membership fees in writing from his

or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the Employee to a make fresh authorisation in order for such deductions to commence or continue.

(v) The Union shall advise the Employer of any change to the amount of membership fees made under its

rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The union shall give the Employer a minimum of two months’ notice of any such change.

(vi) An Employee may at any time revoke in writing an authorisation to the employer to make payroll

deductions of Union membership fees. (vii) Where an Employee who is a member of the Union and who has authorised the Employer to make

payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the Employee in writing of the need to revoke the authorisation to the Employer in order for payroll deductions of Union membership fees to cease.

(viii) This Clause shall take effect from the beginning of the first full pay period to commence on or after 1

May 2005. SCHEDULE A

The typical duties of Employees will include without limitation: General

management and monitoring of all plant and traffic control systems associated with operating the motorway and Motorway Control Centre; organise towing services for broken down motorists; preparation of reports relating to incidents/emergencies and equipment/plant faults; monitoring of and reporting on any areas of risk related to the operation and maintenance of the motorway; testing and assessment of operational procedures (including scenario training) to ensure that operating guidelines accurately describe operational tasks; assist in the development and delivery of on the job training courses and assessments; instigating incident responses, including traffic management, ventilation and sending response crews; responding to system alarms, identify system faults and action rectification; organising traffic management assistance (including submission/management of ROL's) to other employees or sub-contractors of the Employer as required for planned maintenance activities; providing traffic management for incidents to ensure the safety of the travelling public and "on-site" personnel; liaising with RTA-Traffic Management Centre and Emergency Services; performing routine operator checks (non trade inspections/tests) on functionality of plant/equipment


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managing the issuing and return of Work Permits; initiate Work Orders in the Asset Management System; implementing electronic traffic control plans as required; and liaising with TMC, Road Patrollers and/or emergency services to provide assistance in resolving mechanical and electrical incidents efficiently or removing any obstructions to traffic.

Operator Checks on System/Assets

checking radio re-broadcast messages and operation and radio break-in; checking all radio channels are transmitted to tunnel environment - for each transmission section; checking traffic loop operation by stopping over loops randomly; check light levels; routine inspecting, and reporting on the condition of civil infrastructure (eg tunnel leaks, blocked drains, damaged assets, etc); visual inspection of equipment for corrosion, obvious structural damage etc.(findings to be recorded on Work Order (WO) or Inspection Report (IR)); cleaning of equipment in MCC (eg clean VCR/DVD, backup computers, etc) ; checking operation of security systems of MCC; checking traffic plans, plant operations on computer Graphic Unit Interface (GUI); checking personnel air quality monitoring equipment and down loading data from loggers; assisting in testing and cleaning of tunnel roof mounted equipment/instrumentation; checking tunnel operation via CCTV and Variable speed limit signs, Lane usage signs & Traffic management signs; checking and cleaning CCTV recording equipment; checking and testing emergency telephone (internal and external); checking and testing of electrical systems; checking and testing of the fire fighting system; replacing certain light globes;

checking the operation of door switches of egress doors and camera response; cleaning and checking mobile radio operation and battery recharge.

Safety Responsibilities

complying with legislative requirements and the Employer's policies; consulting with management on OH&S issues;


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complying with the requirements of this OH & S Management Plan; using all Personal Protective Equipment (PPE) and safety devices correctly; reporting to immediate managers any OH & S matter which cannot be rectified by the Employees; reporting any work related incident, accident or injury; suggesting practical ways to eliminate hazards; reporting plant and equipment defects immediately to their manager; actively participating in toolbox and other safety meetings; taking an interest in the well being of existing and new employees; attending/conducting safety inductions, JSA's, toolbox meetings, site specific safety training and OH&S committee (as appropriate); ensuring that OH & S requirements are complied with at all times; setting an example of safe working for other employees; and actively supporting communication to all employees.

T. M. KAVANAGH J.


TWEED ULTIMA PROJECT AWARD 2005


Application by Labor Council of New South Wales.


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(No. IRC 2296 of 2005 )


AWARD

Arrangement


1 Objectives 2 Definitions 3 Application 4 Duration 5 Industry Standards

5.1 Superannuation and Redundancy 5.2 Top Up/24 Hour Income Protection Insurance 5.3 Project Productivity/Site Allowance

6 Environment, Health, Safety and Rehabilitation (EHS&R) 6.1 Induction 6.2 Environment, Health and Safety Plans 6.3 The Safety Committee 6.4 Safety Procedures 6.5 OH&S Industry Induction 6.6 Formwork Safety 6.7 Temporary Power/Testing and Tagging 6.8 Crane Safety

7 Dispute Resolution 7.1 Employer and Project Wide specific Disputes 7.2 Demarcation Disputes 7.3 Procedures to Prevent Disputes Regarding

Non-Compliance 8 Monitoring Committee 9 Productivity Initiatives

9.1 Inclement Weather 9.2 Rostered Days Off 9.3 Maximising Working Time 9.4 Hours of Work

10 Immigration Compliance 11 Long Service Compliance 12 No Extra Claims 13 No Precedent 14 Union Rights

14.1 Visiting Union Officials 14.2 Rights of the Project Delegate 14.3 Union Membership

15 Australian Content 16 Protective Clothing 17 Workers Compensation and Insurance Cover 18 Apprentices 19 Training and Workplace Reform 20 Project Death Cover 21 Anti-Discrimination 22 Personal/Carers Leave

22.1 Use of Sick Leave 22.2 Unpaid Leave for Family Purpose


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22.3 Annual Leave 22.4 Time-off in Lieu of Payment for Overtime 22.5 Make-up Time 22.6 Rostered days off

23 Project Close-Down Calendar

Annexure A - Parties Annexure B -Authority to obtain details of work rights from DIMIA

1. Objectives

The Parties agree to continue to develop and implement the following objectives in respect of the following key areas on the Project: (a) Implementation of forms of work organisation which encourage the use and acquisition of skills and

continual learning; (b) Continued development of more effective management practices; (c) Continued development of communication processes, which facilitate participation by all Employers,

Employees and Unions (d) Introduction of new technology and associated change to enhance productivity; (e) Improved quality of work; (f) Increased scope of sub-contract work packages to promote genuine skills enhancement and acquisition

by Employees. (g) Provision of a career structure for all Employees based on skills, competencies and increased job

satisfaction; (h) Provision of high standards of occupational health & safety on the Project;. (i) Promote and encourage workplace reform and enterprise bargaining through the establishment of

appropriate certified agreements; (j) Implementation of this Award, and compliance with all relevant statutory provisions; (k) Elimination of unproductive time; (l) Improved compliance by subcontractors with the provisions of applicable awards and/or enterprise

agreements and legislative requirements; (m) Improved wages and conditions for all employees working on the project; (n) Increased leisure time for employees by eliminating excessive hours of work. (o) Enhancing job opportunities for persons who have a legal right to work including persons who wish to

take on apprenticeships or traineeships. (p) Adoption of a co-operative and non-adversarial approach to Industrial Relations issues. (q) Commitment to positive project outcomes including completion within Budget.

2. Definitions "Award" means - this "Tweed Ultima Project Award 2005" made between the Parties.


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" Tower Builders" means - Tower Builders Pty Ltd (ACN 101892639) of PO Box 5741, Gold Coast MC, Queensland 9726. "Code of Practice" means - the New South Wales Government Code of Practice for the Construction Industry. "Employee" means - a person engaged by an Employer and who performs work on the Project. "Employer" means - Tower Builders Pty Ltd and/or any subcontractor engaged by Tower Builders Pty Ltd to work on the Project. "Enterprise Agreement" means - an agreement certified under the Workplace Relations Act 1996 (Cth), or approved under the Industrial Relations Act 1996 (NSW), or the Queensland Industrial Relations Act 1999. "EHS&R" means - Environment Health Safety and Rehabilitation. "Environment Health Safety and Rehabilitation Policy" means - either of the plan or policy devised and implemented by the Project Manager for the Project (as amended from time to time). "Monitoring Committee" means - the committee established under clause 8 of this Award. "Parties" means - the Employers, and the Unions referred to in Annexure A. "Practical Completion" means - the completion of the Project where the building is fit for occupancy and/or purpose. "Project" means - the construction works contracted to Tower Builders Pty Ltd for the Tweed Ultima Project located at Corner of Wharf Bay, Navigation Lane & Stuart Street, Tweed Heads NSW. 2485 "Project Manager" means the Project Manager appointed by Tower Builders Pty Ltd from time to time. "Safety Committee" means - the site safety committee formed under the Occupational Health and Safety Act (NSW) 2000. "Unions" means - each of the Unions listed in Part 2 of Annexure A. "Unions NSW" means - the Labor Council of New South Wales, Level 10, 377 Sussex Street, Sydney NSW 2000.

3. Application 3.1 This Award will only apply to work done on the Project by the Employees for the period the Employer

engages the Employees to work on the Project. 3.2 Where Tower Builders Pty Ltd engages sub-contractor/s to carry out works on the project, it shall make

it a condition of any contract that it enters into with its sub-contractor/s that they will not employ or otherwise engage persons on wages and conditions, which are less favourable than those set out in this Project Award.

3.3 This Award is generally intended to supplement and co-exist within the terms of existing Enterprise

Agreements and Awards and its primary purpose is to provide a framework for the Employers, the Labor Council and the Unions, to manage those issues on the Project, which affect more than one Employer.

4. Duration

This Award shall operate on and from the 16 May 2005 until practical completion is achieved.


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5. Industry Standards 5.1 Superannuation and Redundancy

(a) Each Employer will pay on behalf of each of its employees working on the Project a superannuation contribution of 9% of the employee’s ordinary time earnings, or a minimum of $100 per week whichever is the greater, to the superannuation fund nominated in the relevant industrial instruments eg C+BUS/BUSQ, NESS, STA, TWU or such other scheme approved by the parties.

(b) Each Employer will make a redundancy contribution on behalf of each of its employees working

on the Project of not less then $61 per week into ACIRT/BERT or other schemes approved by the parties. Such redundancy contributions will be off-set against an Employers’ enterprise agreement.

(c) The "Superannuation and Redundancy Scheme" contribution rates for Apprentices are provided

for in Clause 20 Apprentices. 5.2 Top Up/24 Hour Income Protection Insurance

Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the U PLUS/CIPSQ scheme or other similar schemes, which are approved by the Parties to this Award.

5.3 Project Productivity/Site Allowance

(a) Subject to provisions herein and sub-clauses 5.3(b) and 5.3(e) where an Employer has an Enterprise Agreement in place the Employer will pay a Project Productivity/Site Allowance for persons engaged on the Project of $1.50 per hour (inclusive of 37 cents height allowance) for each hour worked on the Project. This payment does not attract any penalty or premium in the relevant building award. The Project Productivity/Site Allowance referred to in this clause is not intended to affect any similar "Productivity/Site Allowance" otherwise payable under a building award or enterprise agreement as defined in clause 2.

(b) Where an Employer does not have an Enterprise Agreement in place and is paying his or her

employees under the appropriate building award, the Project Productivity/Site Allowance for such persons engaged on the project will be $4.00 for each hour worked on the Project.

(c) Where those employees who are receiving a Project Productivity/Site Allowance of $4.00 it shall

be in lieu of all Special Rates with the exception of the following:

(i) Heavy Block Rate (ii) Explosive Power Tool (iii) Toxic Substances and Toxic Fumes (iv) Swing Scaffold (v) Formwork Certificate Allowance of $0.30 per hour

(d)

(i) Transport Drivers

It is further agreed that any Transport Driver carrying out work relating to the Project will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, the Project Productivity/Site Allowance set out in sub-clause 5.3(a) provided the driver has had a regular involvement of two (2) hours or more on any day with the project.


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(ii) Contract Carriers

The Parties agree that all Contract Carriers involved in the Transport Industry shall be paid the rates of pay applicable under the Transport Industry Excavated Materials Contract Determination for the cartage of materials to, on and from the site.

(e) Milestones

(i) The project productivity payments referred to in subclause 5.3(a) are related to the

achievement of construction milestones as determined by Tower Builders Pty Ltd in consultation with Unions NSW. Such milestone dates as determined by Tower Builders Pty Ltd shall be forwarded to Unions NSW prior to the commencement of construction.

(ii) The Monitoring Committee as referred to in Clause 9 shall monitor and review the project

milestones as required. (iii) In the event that a Project Milestone is not achieved, the Monitoring Committee shall

meet to determine:

The reason why the date of the relevant Project Milestone was not achieved; The action required catching up to the Project Milestone; and If payment shall continue for the coming month. The project productivity payment shall continue to be paid to all employees if in the opinion of the monitoring committee the delays in meeting the project milestone were not caused by any action of the workforce. In such circumstances the Monitoring Committee shall revise the milestone dates accordingly.

(iv) In the event that there is a disagreement with respect to the achievement or otherwise of

the milestone or where there is a dispute in this regard either party may refer the matter to the NSW Industrial Relations Commission for determination.

6. Environment, Health, Safety and Rehabilitation (EHS&R) 6.1 Induction

All Employees must attend an agreed EHS&R site induction course on commencement of engagement on site.

6.2 Environment, Health and Safety Plans

(a) All Employers must submit an environment, health safety and rehabilitation management plan. These plans should include evidence of:

(i) risk assessment of their works; (ii) hazard identification, prevention and control; (iii) planning and re-planning for a safe working environment; (iv) industry and trade specific induction of Employees;


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(v) monitoring performance and improvement of work methods; (vi) reporting of all incidents/accidents; (vii) compliance verification; and (viii) Regular EHS&R meetings, inspections and audits of the Project.

6.3 The Safety Committee

The Safety Committee will be properly constituted with an agreed constitution. All members of the safety committee will undertake agreed Occupational Health and Safety training with Comet Training or other agreed providers.

6.4 Safety Procedures

(a) The Parties acknowledge and agree that all Parties are committed to safe working procedures. (b) If the Project Manager or the Safety Committee is of the opinion that an Employee or Employer

has committed a serious breach of either the Environment Health and Safety Policy or the relevant safety management plan (or any other agreed safe working procedures), the Project Manager (or the Project Manager on recommendation from the Safety Committee) will implement disciplinary action against the Employer or Employee which may include taking all steps required to remove the Employer or Employee from the Project.

(c) The Parties agree that pursuant to the Code of Practice, in the event that an unsafe condition

exists, work is to continue in all areas not affected by that condition and those employers may direct employees to move to a safe place of work. No employee will be required to work in any unsafe area or situation.

(d) Where an unsafe condition has been agreed by the Safety Committee, corrective action will be

implemented immediately. Works will not recommence in this area until the rectification works have been accepted, by both the Safety Committee and the Project Manager.

(e) Any disagreement as to the proper rectification of an unsafe condition shall be referred to a

Work Cover Inspector whose determination shall be binding on all parties. 6.5 OH&S Industry Induction

No person will be engaged on site unless he/she has completed the WorkCover NSW Accredited OH&S Industry Induction Course.

6.6 Formwork Safety

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency. Where an employee does not have a Certificate of Competency Comet or an agreed appropriate authority will be contacted to assess the qualifications of the relevant employee.

6.7 Temporary Power/Testing and Tagging

In order to maintain the highest standards of safety in regard to the use of electricity during construction, it is agreed that the temporary installation is installed strictly in accordance with AS 3012 (1995). All work is to be carried out by qualified electrical tradesperson. Testing and tagging is to be carried out only by qualified electrical tradesperson.


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6.8 Crane Safety

Any mobile crane utilised on the project is to carry appropriate registration and be fit for purpose. Where a dispute arises regarding the safety of a mobile crane on the project the parties may seek the assistance of either the local WorkCover inspector, or Cranesafe Australia (New South Wales) where a certified assessor is locally based.

7. Dispute Resolution One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute. 7.1 Employer and Project Wide Specific Disputes

In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, in the absence of an "Enterprise Agreement" provision, the following procedure will be adopted:

(a) Discussion shall occur firstly between those directly affected; (b) Discussion between site management representatives of the Employer and the Union delegate; (c) Discussion between site management representatives of the Employer and the Union organiser; (d) Discussion between senior management of the Employer, Tower Builders Pty Ltd and the

appropriate Union official; (e) Discussion between the Secretary of the relevant Union (or nominee) and senior representatives

of Tower Builders Pty Ltd (or nominee); (d) If the dispute is not resolved after step (e), parties to the Award may notify the dispute to the

Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW).

(e) Work shall continue without interruption or dislocation during discussion and negotiations

concerning the dispute. 7.2 Demarcation Disputes

In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions agree to the following dispute settling procedure:

(a) Work shall continue without interruption or dislocation during discussion and resolution of

disputes. (b) Discussion between Unions NSW and the Unions to try to resolve the dispute. (c) If the dispute is not resolved after step (b), either Union may notify the dispute to the Industrial

Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW).


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7.3 Procedures to prevent Disputes Regarding Non- Compliance

(a) Tower Builders Pty Ltd in association with the accredited site union delegate will check monthly payments of subcontractors’ companies engaged on site superannuation, redundancy and extra insurance to ensure payments for employees have been made as required. Tower Builders Pty Ltd and site delegate shall also check that employers have not introduced arrangements such as and not limited to ‘all-in’ payment and or ‘cash-in-hand’ payments, (i.e. a payments designed to avoid tax and other statutory obligations and sham subcontract arrangements.) Where such practices are identified Tower Builders Pty Ltd will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.

(b) Each subcontractor engaged on site will be specifically advised and monitored in respect of

payroll tax and required to comply with their lawful obligations. (c) In accordance with Section127 of the Industrial Relations Act 1996, Section 175(b) of the

Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal contractor will obtain all applicable Sub-Contractors Statements regarding workers’ compensation, payroll tax and remuneration. A copy of these statements will be available on request to an accredited trade union officer or site delegate.

(d) The union delegate or union official shall advise Tower Builders Pty Ltd if they believe the

information, which has been provided by the subcontractor, is not correct. (e) Any dispute concerning non-compliance shall be resolved in accordance with the dispute settling

procedures of this award.

8. Monitoring Committee 8.1 The Parties will establish a committee to monitor the implementation of this Award. 8.2 This Monitoring Committee if established will meet at the commencement of construction and then at

three monthly intervals or as required during construction on the Project. 8.3 The Monitoring Committee will consider ways in which the aims and objectives of this Award can be

enhanced, which may include, but not be limited to discussion of:

(a) Progression towards and achievement of set project milestones; (b) Developing more flexible ways of working; (c) Enhancing occupational, health and safety; (d) Productivity plans, and (e) Compliance with Award and other statutory requirements by employers. (f) Constitution and composition of the Monitoring Committee

8.4 If the principles of this Award are not being followed, the Committee will develop a plan in consultation

with the Parties, to implement the intent of the Award.

9. Productivity Initiatives 9.1 Inclement Weather

(a) The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.


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(b) Further, the Parties are bound to adopt the following principles with regard to inclement weather and idle time created by inclement weather:

(i) Adoption of a reasonable approach regarding what constitutes inclement weather; (ii) Employees shall accept transfer to an area or site not affected by inclement weather if, in

the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employee’s skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);

(iii) Where the initiatives described in (b) above are not possible, the use of non-productive

time may be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;

(iv) All Parties are committed to an early resumption of work following any cessation of work

due to inclement weather; (v) The Parties agree the practice of "one out, all out" will not occur.

9.2 Rostered Days Off

The implementation of Rostered Days Off (RDO's) is set down in clause 23. The purpose, which is to:

(a) increase the quality of working life for Employees; and (b) Increase the productivity of the Project.

Records of each Employee’s RDO accruals will be recorded on the employees pay slip and copies made available to the Employee, the Employee’s delegate or union official upon request. It is acknowledged that different arrangements in relation to the banking of RDO's may apply to members of the CEPU.

9.3 Maximising Working Time

The Parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption of the comfort of employees having lunch with the amenities to be maintained in a clean and hygienic state at all times.

9.4 Hours of Work

Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union.

10. Immigration Compliance

10.1 The Parties are committed to compliance with Australian immigration laws so as to ensure maximum

work opportunities for unemployed permanent residents and Australian citizens. Employers will be advised by Tower Builders Pty Ltd of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by an employer on the Project, Tower Builders Pty Ltd ill act decisively to ensure compliance.

10.2 Employers are required prior to employees commencing work on-site to check the legal right of

employees to work. The authorization form attached to this Award as per Annexure B will assist in providing evidence of the employee’s legal status.


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11. Long Service Compliance

If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long Service Payments Corporation. All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.

12. No Extra Claims The Parties agree that they will not pursue extra claims in respect of matters covered by this Award (including but not limited to any claim for a disability allowance) during the term of this Award.

13. No Precedent The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim for flow-on of on-site wage rates and conditions.

14. Union Rights The Parties to this award acknowledge the right of employees to be active union members and respect the right of the union to organize and recruit employees. The Parties to this award also acknowledge that good communication between the union official, the delegate and its members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion. 14.1 Visiting Union Officials

(a) Union officials (party to this Award) shall when arriving onsite, call at the site office and introduce themselves to the Tower Builders Pty Ltd Project Manager prior to pursuing their union duties.

(b) Union officials shall produce their right of entry permits, if required, and observe the relevant

Building Awards, the Occupational Health and Safety Act and Regulations, and other statutory/legislative obligations for entry to the site.

(c) Union officials with the appropriate credentials shall be entitled to inspect all such wage records,

other payment records and related documentation necessary to ensure that the Employers are observing the terms and conditions of this Award.

(d) All such wages books and other payment records shall be made available within 48 hours on site

or at another convenient, appropriate place, provided the Union gives notice to the Employers and the Project Manager.

(e) Such inspections shall not take place unless there is a suspected breach of this Award, other

appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or other Employer Statutory requirements.

(f) Where it is felt necessary by an officer of the union to call a meeting of union members, the

Company will be advised prior to doing so and a mutually agreeable meeting time shall be determined.

14.2 Rights of the Project Delegate

In this clause the expression "delegate" means - an employee who is the accredited representative of the union on the Project.


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(a) The Parties acknowledge it is the sole right of the Project workforce to elect the Project Delegate, who shall be recognised as the authorised representative of the Unions in respect of the Project.

(b) The Project Delegate shall have the right to approach or be approached by any Employee of an

Employer to discuss industrial matters with that Employee during normal working hours. (c) The Project Delegate shall have the right to communicate with the Project workforce in relation

to industrial matters without impediment by an Employer. Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an Employer:

(i) moving the Project Delegate to a workplace or work situation which prevents or

significantly impedes communication with the Project workforce; (ii) changing the Project Delegate’s shifts or rosters so that communication with Employees is

prevented or significantly impeded; (iii) disrupting duly organised meetings.

(d) The Project Delegate shall be entitled to represent the Project workforce in relation to industrial

matters on the Project, and without limiting the generality of that entitlement is entitled to be involved in representing the Project workforce:

(i) the introduction of new technology on the Project and other forms of workplace change; (ii) career path, reclassification, training issues; and to initiate discussions and negotiations on

any other matters affecting the employment of the Employees; (iii) ensuring that Employees on the Project are paid their correct wages, allowances and other

lawful entitlements; (iv) to check with relevant industry schemes so as to ensure that superannuation, long service

leave and redundancy has been paid on time.

(e) In order to assist the Project Delegate to effectively discharge his or her duties and responsibilities, the Project Delegate shall be afforded the following rights:

(i) the right to reasonable communication with other delegates, union officials and

management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work;

(f) There shall be no deduction to wages where the union requires a delegate to attend any Court or

Industrial Tribunal proceedings relating to industrial matters at the workplace impacting on employees.

(g) The Employer of the Project Delegate shall provide to the Project Delegate the following:

(i) A lockable cabinet for the keeping of records; (ii) Access to a meeting room; (iii) Use of the telephone for legitimate union business associated with the Project; (iv) From existing resources, and when required for legitimate union Project related business,

access to a word-processor, typewriter, a photocopier, facsimile machine. 14.3 Union Membership


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Properly accredited officials and workplace representatives of the union shall have the right to be provided with appropriate access to employees to promote the benefits of union membership. To assist in this process the Employer shall, if requested by the Union and authorised by the Employee, provide Payroll Deduction Services for Union fees. Such fees shall be remitted to the Union on a regular agreed basis with enough information supplied to enable the Union to carry out reconciliation. Nothing in this clause shall be contrary to the relevant legislation or freedom of association provisions.

15. Australian Content

The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.

16. Protective Clothing 16.1 Unless provided for in an Employers "Enterprise Agreement", Employers will provide their Employees

engaged on site with legally produced Australian made protective clothing and footwear on the following basis:

(a) Safety Footwear

Appropriate safety footwear shall be supplied on commencement if not already provided, to all persons engaged on site and will be replaced on a fair wear and tear provided they are produced to the Employer as evidence.

(b) Clothing

Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year as a result of fair wear and tear and are produced to the Employer as evidence.

(c) Jackets

Each person, after accumulated employment on site of 152 hours shall be eligible to be issued with warm bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

16.2 In circumstances where any Employee(s) of Employers are transferred to the Project from another

Project where an issue of equivalent clothing was made, then such Employee shall not be entitled to an issue on this Project until the expiry of the calendar year or on a fair wear and tear basis.

16.3 Employees who receive from their Employer an issue and replacement of equivalent clothing and/or safety footwear as part of the Employer’s policy, EBA, or relevant industrial instrument shall not be entitled to the provisions of this clause.

16.4 Employers will consult with the CFMEU to be provided with a list of Australia Manufacturers who do

not use illegal or exploited labour in the manufacturing of their work clothes.

17. Workers Compensation and Insurance Cover 17.1 Employers must ensure that all persons that they engage to work on the Project are covered by workers

compensation insurance. 17.2 Tower Builders Pty Ltd will audit Workers Compensation Certificates of Currency from each Employer

engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct. This information will be available to authorised Union officials on request.

17.3 Employers and their Employees must comply with the following steps to ensure expedited payment of

workers compensation:


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(a) All Employees will report injuries to the project first aider and their supervisor at the earliest

possible time after the injury (b) All Employees will comply with the requirements for making a workers compensation claim,

including the provision of a Workcover medical certificate, at the earliest possible time after the injury. This information will also be supplied to the project first aid officer, and their supervisor.

(c) In cases where the Employee is unable to comply with the above, the relevant employer will assist in fulfilling requirements for making a claim.

17.4 Employers must ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury

Management and Workers Compensation Act 1998, which provide that:

(a) The Employer shall keep a register of injuries/site accident book in a readily accessible place on site;

(b) All Employees must enter in the register any injury received by the Employee. The Employer

must be notified of all injuries on site immediately. The employer must notify the insurer within 48 hours of a significant injury;

(c) An Employer who receives a claim for compensation, must within seven (7) days of receipt,

forward the claim or documentation, to their insurer; (d) An Employer who receives a request from their insurer for further specified information must

within seven (7) days after receipt of the request, furnish the insurer with the information as is in the possession of the Employer or reasonably obtained by the Employer;

(e) An Employer who has received compensation money from an insurer shall forward such money

to the person entitled to the compensation within three (3) working days; 17.5 Where there has been a serious incident and/or accident which has resulted in a serious injury or loss of

life the Employer shall notify the relevant union immediately 17.6 The Employer will also complete the relevant accident notification form and send it to WorkCover.

18. Apprentices 18.1 As part of the Project’s commitment to industry training, a ratio of one apprentice/ trainee to every five

tradespersons within each Employer’s workforce is to be maintained. 18.2 The Parties acknowledge for Apprentices the superannuation contribution rate is 9% of ordinary time

earnings, which shall be made to the superannuation fund nominated in the relevant industrial instruments being C+BUS/BUSSQ or other schemes approved by the Parties.

18.3 The minimum contribution rates for Apprentices into ACIRT or BERT or other schemes approved by

the parties will be as follows:

1st Year $15.00 per week 2nd Year $30.00 per week 3rd Year $45.00 per week 4th Year $61.00 per week

All the above rates will remain fixed for the life of this Project Award

19. Training and Workplace Reform

The Parties are committed to achieving improvements in productivity and innovation through cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce


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by providing their Employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

20. Project Death Cover Tower Builders Pty Ltd will guarantee the legal beneficiary of any employee who dies from a workplace injury on the project will be paid a death benefit of $25,000. Such benefit shall be paid within fourteen (14) days of the production of appropriate documentation. This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the employee.

21. Anti-Discrimination 21.1 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. 21.2 This includes discrimination on the ground of race, sex, martial status, disability, homosexuality,

transgender identity, responsibilities as a carer and age. 21.3 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 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.

21.4 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. 21.5 Nothing in this clause is to be taken to affect:


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.

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

22. Personal/Carers Leave

22.1 Use of Sick Leave

(a) An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in clause 22.1 (c) (ii) 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, 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 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.


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a spouse of the Employee; or

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 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 a same sex partner who lives with the Employee as the de factor partner of that Employee on a bona fide domestic basis; or a relative of the Employee who is a member of the same household, where for the purposes of this paragraph:

"relative" means a - person related by blood, marriage or affinity; "affinity" means - a relationship that one spouse because of marriage has to blood relatives of the other: and "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 shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.


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 22.1 (c)(ii) above who is ill.

22.3 Annual Leave

(a) An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), 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 22.3(a) above, shall 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. 22.4 Time-off in Lieu of Payment for Overtime


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(a) 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 twelve (12) months of the said election.


which is an hour for each hour worked. (c) If, having elected to take time as leave in according with paragraph 24.4(a) above, the leave is

not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

(d) Where no election is made in accordance with paragraph 22.4(a), the Employee shall be paid

overtime rates in accordance with the award. 22.5 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 a later time), at the shift work rate, which would have been applicable to the hours taken off.

22.6 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 sub clause 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 Unions to participate in negotiations.

23. Project Close-Down Calendar

For the purposes of this Award the Parties agree that the following calendar will be adopted for the Project. The calendar has been produced with a view to maximising quality leisure time off for all employees. Accordingly, the Parties agree that on certain weekends (as set out in the Calendar), no work shall be carried out. Provided, however, where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDO’s as set out below, subject to the agreement of the appropriate union secretary or his nominee. In such circumstances reasonable notice (where possible), shall be given to the union (or union delegate).

Project Closedown Calendar 2005 Saturday January 1 No Work New Year’s Day


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Sunday January 2 No Work Sunday Monday January 3 No Work paid New Year’s Day Public Holiday Wednesday January 26 No Work paid Australia Day Public Holiday Thursday January 27 Paid RDO (fixed) *Friday January 28 Paid RDO (fixed) Saturday January 29 No Work Saturday Sunday January 30 No Work Sunday *Monday February 28 Paid RDO (flexible) Friday March 25 No Work paid Good Friday Public Holiday Saturday March 26 No Work Saturday RDO Sunday March 27 No Work Sunday Monday March 28 No Work paid Easter Monday Public Holiday *Tuesday March 29 Paid RDO (fixed) *Friday April 22 Paid RDO (fixed) Saturday April 23 No Work Saturday RDO Sunday April 24 No Work Sunday Monday April 25 No Work paid Anzac Day Public Holiday *Monday May 23 Paid RDO (flexible) Saturday June 11 No Work Saturday RDO Sunday June 12 No Work Sunday Monday June 13 No Work paid Queen’s Birthday Public Holiday *Tuesday June 14 Paid RDO (fixed) *Monday July 11 Paid RDO (flexible) *Monday September 5 Paid RDO (flexible) Saturday October 1 No Work Saturday RDO Sunday October 2 No Work Sunday Monday October 3 No Work paid Labour Day Public Holiday *Tuesday October 4 Paid RDO (fixed) *Monday October 24 Paid RDO (flexible) *Monday November 21 Paid RDO (flexible) Saturday December 3 No Work Saturday RDO Sunday December 4 No Work Sunday Monday December 5 No Work paid Union Picnic Day *Tuesday December 6 Paid RDO (fixed) *Friday December 23 Paid RDO (fixed) Saturday December 24 No Work Saturday Sunday December 25 No Work Xmas Day Monday December 26 No Work paid Xmas Day Public Holiday Tuesday December 27 No Work paid Boxing Day Public Holiday * Award RDO’s SITE CALENDAR 2006 The parties to this award agree to hold discussions during 2005 to determine the 2006 site calendar. It is agreed that the 2006 site calendar will follow the same principles in establishing the 2005 site calendar that is,


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to enable whole of project shutdowns on designated weekends, which correlate with public holidays and industry rostered days off.

ANNEXURE A (PARTIES)

PART 1 EMPLOYERS: Tower Builders Pty Ltd and any Sub-contractors engaged by Tower Builders Pty Ltd to work on the Project.

PART 2 UNIONS: Unions NSW Construction Forestry Mining and Energy Union (Construction & General Division) New South Wales Divisional Branch Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division; Electrical Trades Union of Australia (NSW Branch) Automotive Food Metals Engineering Printing & Kindred Industries Union (also known as AMWU) Transport Workers’ Union of Australia, New South Wales Branch

ANNEXURE B Authority to obtain details of work rights from DIMIA EMPLOYEE DETAILS As specified in passport or other identity document) Family Name: Given Name(s): Other Name(s) used (e.g. maiden name): Date of Birth: Nationality: Passport Number: Visa Number: Visa Expiry Date:


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I authorise the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) to release the details of my work rights status (that is, my entitlement to work legally in Australia) to the named employer/ labour supplier. I understand that these details are held by DIMIA on departmental files and computer systems. I also understand that the employer/labour supplier will use this information for the purposes of establishing my legal entitlement to work in Australia, and for no other purpose. Employee Signature: Date: EMPLOYER/LABOUR SUPPLIER DETAILS Business Name: Business Street Address: Type of Business: Name of Contact Person: Telephone: Fax: Note that the employee’s work rights status will be sent directly to the fax number given above. Please ensure that this number is correct THE COMPLETED FORM SHOULD BE FAXED TO 1800 505 550 IF ALL DETAILS MATCH WITH OUR RECORDS, THE EMPLOYEE’S WORK RIGHTS STATUS WILL BE FAXED TO YOU WITHIN ONE WORKING DAY.

T. M. KAVANAGH J.



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(1809) SERIAL C3761

A W EDWARDS PTY LIMITED EPPING TO CHATSWOOD RAIL LINK

STAT-EAST WORKS PROJECT AWARD


Application by The Master Builders' Association of New South Wales, industrial organisation of employers.

(No. IRC 2151 of 2005 )


AWARD

Arrangement


1. Arrangement 2. Objectives


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3. Definitions 4. Application 5. Duration 6. Industry Standards

6.1 Superannuation and Redundancy 6.2 Top Up/24 Hour Income Protection Insurance 6.3(a) Project/Productivity Allowance 6.3(b) Transport Drivers

7. Environment, Health, Safety and Rehabilitation (EHS&R) 7.1 Induction 7.2 Environment, Health and Safety Plans 7.3 The Safety Committee 7.4 Safety Procedures 7.5 OH&S Industry Induction 7.6 Formwork Safety 7.7 Temporary Power/Testing and Tagging 7.8 Crane Safety

8. Dispute Resolution 8.1 Employer Specific Disputes 8.2 Project Wide Disputes 8.3 Demarcation Disputes 8.4 Procedures to Prevent Disputes Regarding

Non-Compliance 9. Monitoring Committee 10. Productivity Initiatives

10.1 Learning Initiatives 10.2 Inclement Weather 10.3 Rostered Days Off 10.4 Maximising Working Time 10.5 Hours of Work

11. Immigration Compliance 12. Long Service Compliance 13. No Extra Claims 14. No Precedent 15. Single Bargaining Unit 16. Union Rights

16.1 Visiting Union Officials 16.2 Project Delegates 16.3 Union Membership

17. Australian Content 18. Protective Clothing 19. Workers Compensation and Insurance Cover 20. Apprentices 21. Training and Workplace Reform 22. Project Death Cover 23. Anti-Discrimination 24. Personal/Carers Leave

24.1 Use of Sick Leave 24.2 Unpaid Leave for Family Purpose 24.3 Annual Leave 24.4 Time-off in Lieu of Payment for Overtime 24.5 Make-up Time 24.6 Rostered Days Off

25. Project Close-Down Calendar 26. Leave Reserved

Annexure A


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Annexure B Annexure C

2. Objectives

2.1 The Parties agree to continue to develop and implement the following objectives in respect of the

following key areas on the Project:

(a) Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;

(b) Continued development of more effective management practices; (c) Continued development of communication processes, which facilitate participation by all

Employers, Employees and Unions (d) Introduction of new technology and associated change to enhance productivity; 2.1(e) Improved

quality of work; (f) Increased scope of sub-contract work packages to promote genuine skills enhancement and

acquisition by Employees. (g) Provision of a career structure for all Employees based on skills, competencies and increased job

satisfaction; (h) Provision of high standards of occupational health & safety on the Project; 2.1(i) Improved

impact of the Project on the environment; (j) Implementation of this Award, and compliance with all relevant statutory provisions; (k) Elimination of unproductive time; (1) Improved compliance by subcontractors with the provisions of applicable awards and/or

enterprise agreements and legislative requirements; (m) Improved wages and conditions for all employees working on the project; (n) Increased leisure time for employees by eliminating excessive hours of work. (o) Enhancing job opportunities for persons who have a legal right to work including persons who

wish to take on apprenticeships or traineeships. (p) Encourage all employers to have Enterprise Agreements with the relevant union or unions. (q) Compliance with the NSW Government Construction Industry Code of Practice.

3. Definitions

"Award" means - Unions NSW and A W Edwards Pty Ltd Limited Epping to Chatswood Rail Link, STAT-EAST Works Project. "Employer Name" means - A W Edwards Pty Limited of 131 Sailors Bay Road, Northbridge 2063. "Code of Practice" means - the New South Wales Government Code of Practice for the Construction Industry. "Employee" means - a person engaged by an Employer and who performs work on the Project. "Employer" means - A W Edwards Pty Limited and / or any sub-contractor/s engaged to work on the Project.


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"Enterprise Agreement" means - an agreement certified under the Workplace Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW). "EHS&R" means Environment Health Safety and Rehabilitation. "Environment Health Safety and Rehabilitation Policy" means - either of the plan or policy devised and implemented by the Project Manager for the Project (as amended from time to time). "Monitoring Committee" means - the committee established under clause 10 9 of this Award. "Parties" means the Employers, and the Unions referred to in Annexure A. "Practical Completion" means - the completion of the Project where the building is fit for occupancy and/or purpose. "Project Milestones" means - the milestones listed in Clause 6.3 and varied by the Monitoring Committee from time to time. "Project" means - the construction works contracted to A W Edwards Pty Limited at 131 Sailors Bay Road, Northbridge 2063, known as Epping to Chatswood Rail Link, STAT-EAST Works. The works comprise fit-out of new railway stations at Macquarie Park, Macquarie University and Dehli Road and work at Epping station comprising new concourse, new underground platform and existing station refurbishment. "Project Manager" means - the Project Manager appointed by A W Edwards Pty Limited from time to time. "Safety Committee" means - the site safety committee formed under the Occupational Health and Safety Act (NSW) 2000. "Unions" means - each of the Unions listed in Part 2 of Annexure A. "Unions NSW" means - Labor Council of NSW.

4. Application 4.1 This Award will apply to work done on the Project by the Employees for the period the Employer

engages the Employees to work on the Project. 4.2 Where A W Edwards Pty Limited engages sub-contractor/s, it shall make it a condition of any contract

that it enters into with its sub-contractor/s that they will not employ or otherwise engage persons on wages and conditions, which are less favourable than those set out in this Project Award.

4.3 The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions

for subcontract work on this Project. 4.4 This Award is generally intended to supplement and co-exist within the terms of existing Enterprise

Agreements and Awards and its primary purpose is to provide a framework for the Employers, the Unions NSW and the Unions, to manage those issues on the Project which affect more than one Employer.

5. Duration

5.1 This Award shall operate on and from 4 January 2005 until Practical Completion.



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(a) The Parties acknowledge that a contribution of $100.00 per week or 9% of ordinary time

earnings (whichever is the greater) will be made to the superannuation fund nominated in the relevant industrial instruments being C+BUS; NESS; STA, TWU or other schemes approved by the Parties for each of their employees. Apprentices/Trainees will receive a contribution of 9% of ordinary time earnings whilst engaged on the project.

(b) The Employers will make a contribution of $71 per week into ACIRT or MERT or other

schemes approved by the parties for each of their employees. The employers shall make a contribution of $40.00 per week for apprentices/trainees working on the project.

6.2 Top Up / 24 Hour Income Protection Insurance

(a) Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the UPLUS scheme or other similar schemes, which are approved by the parties to this Award.

6.3 Project Productivity Allowance

(a) Subject to sub-clause 6.3(b) and 6.4 the Employer will pay a project allowance for persons engaged on the project of $3.50 for each hour worked on the Project.

This payment does not attract any penalty or premium.

(b) Productivity Allowance Payment - Project Milestones

(i) the performance payment shall relate to achievements for works completed to Project

Milestones. (ii) the monthly reviews will certify the achievement of Project Milestones for the purpose of

entitlement to the payment for works completed. (iii) in the event that a Project Milestone is not achieved, the Monitoring Committee shall

meet to determine:

1. The reason why the date of the relevant Project Milestone was not achieved. 2. The action required catching up to the Project Milestone. 3. If payment shall continue for the coming month.

(iv) However, if in spite of the parties best efforts, a Project Milestone is not achieved for two consecutive months and there are not extenuating circumstances then the Monitoring Committee shall meet to discuss why that target has not been achieved and how best, time can be made up to ensure Project Milestone (s) are achieved.

(v) If a Project Milestone Date is not achieved and there are not extenuating circumstance(s)

acceptable to the Monitoring Committee, and then no payment will be made against achievement of that Milestone.

(vi) If in the following period(s) work catches up to allow achievement of the subsequent

Project Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Project Milestone.

(vii) The parties agree that the A W Edwards Pty Limited Project Manager, in conjunction

with the Monitoring Committee shall determine if the identified Milestones for the Project have been achieved.

(viii) Project Productivity Allowance Payment Application Matrix


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Type of Activity Productivity Incentive Payment

Payable For Productive Work Payable Sick Leave Not Payable Annual Leave Not Payable Public Holidays Not Payable Rostered Days Off Payable Approved Training Payable Jury Duty Not Payable Bereavement Leave Not Payable Inclement Weather Payable whilst on Site Any other Paid Downtime Not Payable whilst off Site

(ix) The Project Milestones

6.4 Transport Drivers

(i) Employees - Rates of Pay

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to their Award or Enterprise Agreement rate of remuneration, any applicable Project productivity allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the project.

(ii) Contract Carrier


(iii) GST

Rates paid to contractor's carriers, including any applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value of the remuneration payable shall be paid to the carrier for contracts of carriage (the GST amount). The total fee payable to the contract carrier shall be the sum of the remuneration payable and the GST Amount.

7. Environment, Health, Safety and Rehabilitation (EHS&R)

7.1 Induction

(a) All Employees must attend an agreed EHS&R site induction course on commencement of engagement on site.

(b) All transport workers involved on the project shall undertake an appropriate Blue Card Induction

Program conducted by a licensed Blue Card Training Provider in conjunction with the employer and the Transport Workers' Union.



(i) risk assessment of their works; (ii) hazard identification, prevention and control;


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(iii) planning and re-planning for a safe working environment; (iv) industry and trade specific induction of Employees; (v) monitoring performance and improvement of work methods; (vi) reporting of all incidents/accidents; (vii) compliance verification; and (viii) regular EHS&R meetings, inspections and audits of the Project.


(a) The Safety Committee will be properly constituted with an agreed constitution. All members of the Safety Committee will undertake agreed Occupational Health and Safety training with Comet Training or other agreed providers.






7.5 OH&S Industry Induction

No person will be engaged on site unless they have completed the WorkCover NSW Accredited OH&S Industry Induction Course.

7.6 Formwork Safety

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency. Where an employee does not have a Certificate of Competency, Comet or an agreed appropriate authority will be contacted to assess the qualifications of the relevant employee. Further, all contractors engaged on site to perform work shall fully comply with AS 3610 Formwork for Concrete.


In order to maintain the highest standards of safety in regard to the use of electricity during construction, it is agreed that the temporary installation is installed strictly in accordance with AS 3012 (1995). All work is to be carried out by qualified electrical tradespersons. Testing and tagging is to be carried out only by qualified electrical tradespersons.

7.8 Crane Safety


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No mobile crane will be allowed on the project site unless it has been certified by Cranesafe Australia (New South Wales). Such cranes will be required to display their current Cranesafe inspection label and RTA Registration Certificate.

8. Dispute Resolution

One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute. 8.1 Employer Specific Disputes

In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, in the absence of an "Enterprise Agreement" provision, the following procedure will be adopted:

(a) Discussion between those directly affected; (b) Discussion between site management representatives of the Employer and the Union delegate; (c) Discussion between site management representatives of the Employer and the Union organiser; (d) Discussion between senior management of the Employer, A W Edwards Pty Limited and the

appropriate Union official; (e) Discussion between the Secretary of the relevant Union (or nominee) and A W Edwards Pty

Limited, Industrial Relations (or nominee); (f) If the dispute is not resolved after step (e), parties to the Award may notify the dispute to the

Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW).

(g) Work shall continue without interruption or dislocation during discussion and

negotiations concerning the dispute. 8.2 Project Wide Disputes

In the event of a dispute or conflict effecting more than one Employer occurring, the following procedure will be adopted:

(a) Discussion between those directly affected; (b) Discussion between site management representatives of A W Edwards Pty Limited and the

Union delegate; (c) Discussion between site management representatives of A. W. Edwards Pty Limited and the

Union organiser; (d) Discussion between senior management of A. W. Edwards Pty Limited and the appropriate

Union official; (e) Discussion between the Secretary of the relevant Union (or nominee) and A. W. Edwards Pty

Limited NSW Operations Manager (or nominee); (f) If the dispute is not resolved after step (e), parties to the Award may notify the dispute to the

Industrial Relations Commission of New South Wales, and request that the Industrial Relations


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Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW);

(g) Work shall continue without interruption or dislocation during discussion and negotiations

concerning the dispute. 8.3 Demarcation Disputes


(a) Work shall continue without interruption or dislocation during discussion and resolution of

disputes; (b) Discussion between the Employer and the Unions to try to resolve the dispute; (c) If the dispute is not resolved after step (b), either the Employer or Union may notify the dispute

to the Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW).


(a) A W Edwards Pty Limited in association with the accredited site union delegate will check monthly payments of subcontractors companies engaged on site in relation to superannuation, redundancy and extra insurance to ensure payments for employees have been made as required. The A W Edwards Pty Limited and site delegate shall also check that employers have not introduced arrangements such as and not limited to `all-in' payment (i.e. payments not incorporated into Enterprise Agreements as defined under Clause 3 of this Award) and or `cash-in-hand' payments, (i.e. payments designed to avoid tax and other statutory obligations and sham subcontract arrangements.) Where such practices are identified A W Edwards Pty Limited will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.


payroll tax and required to comply with their lawful obligations. (c) In accordance with Section 127 of the Industrial Relations Act 1996, Section 175(b) of the

Workers' Compensation Act 1987 or Part 5B slG-31J of the Payroll Tax Act 1971 the principal contractor will obtain all applicable Sub-Contractors Statements regarding workers' compensation, payroll tax and remuneration. A copy of these statements will be available on request to an accredited trade union officer or site delegate.

(d) The union delegate or union official shall advise A W Edwards Pty Limited if they believe the

information which has been provided by any sub-contractor is not correct. (e) Any dispute concerning non-compliance shall be resolved in accordance with the dispute settling

procedures of this award.

9. Monitoring Committee 9.1 The Parties may establish a committee to monitor the implementation of this Award. 9.2 This Monitoring Committee if established will meet at the commencement of construction and then at

monthly intervals or as required during construction on the Project. 9.3 The Monitoring Committee will consider ways in which the aims and objectives of this Award can be



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(a) developing more flexible ways of working; (b) enhancing occupational health and safety; (c) productivity plans, and (d) compliance with Award and other statutory requirements by employers.

9.4 If the principles of this Award are not being followed, the Committee will develop a plan in consultation

with the Parties, to implement the intent of the Award.

10. Productivity Initiatives 10.1 Learning Initiatives

Each Employer shall be required to demonstrate to A W Edwards Pty Limited implementation of commitment to skill enhancement and workplace reform while working on the Project.

10.2 Inclement Weather

(a) The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.

(b) Further, the Parties are bound to adopt the following principles with regard to inclement weather

and idle time created by inclement weather:

(i) Adoption of a reasonable approach regarding what constitutes inclement weather; (ii) Reasonable efforts will be made to access the workface in the event of inclement weather. (iii) Employees shall accept transfer to an area or site not affected by inclement weather if, in

the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employee's skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);

(iv) Where the initiatives described in (b) above are not possible, the use of non-productive

time may be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;

(v) All Parties are committed to an early resumption of work following any cessation of work

due to inclement weather; (vi) The Parties agree the practice of "one out, all out" will not occur.


(a) Subject to Clause 25 a procedure for the implementation of Rostered Days Off (RDO's) will be agreed on the Project. The purpose which is to:

(i) increase the quality of working life for Employees; and (ii) increase the productivity of the Project.

(b) A roster of RDOs will be prepared, following consultation with the workforce and parties to this

Award.


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(c) Records of each Employee's RDO accruals will be recorded on the employees pay slip and copies made available to the Employee, the Employee's delegate or union official upon request. It is acknowledged that different arrangements in relation to the banking of RDO's may apply to members of the CEPU.

(d) Where practicable, Saturday work prior to the published industry RDO's will not be worked.


(a) The Parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption of the comfort of employees having lunch with the amenities to be maintained in a clean and hygienic state at all times.

10.5 Hours of Work

(a) Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union.



work opportunities for unemployed permanent residents and Australian citizens. Employers will be advised by A W Edwards Pty Limited of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by an employer on the Project, A W Edwards Pty Limited will act decisively to ensure compliance.

11.2 Employers are required prior to employees commencing work on-site to check the legal right of employees to work. The authorization form attached to this Award as per Appendix B will assist in providing evidence of the employee's legal status.


12.1 If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave

Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long Service Payments Corporation. All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations

13. No Extra Claims

13.1 The Parties agree that they will not pursue extra claims in respect of matters covered by this Award

(including but not limited to any claim for a disability allowance) during the term of this Award.

14. No Precedent 14.1 The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim

for flow-on of on-site wage rates and conditions.

15. Single Bargaining Unit 15.1 This Award was negotiated by the Unions NSW on behalf of the Unions and by A W Edwards Pty

Limited in its own right and on behalf of the Employers.

16. Union Rights The Parties to this award acknowledge the right of employees to be active union members and respect the right of the union to organise and recruit employees. The Parties to this award also acknowledge that good


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communication between the union official, the delegate and its members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion. 16.1 Visiting Union Officials

(a) Union officials (party to this Award) when arriving onsite, shall call at the site office and introduce themselves to a Management representative of the Employer, prior to pursuing their union duties.

(b) Union officials shall produce their right of entry permits, if required, and observe the relevant


(c) Union officials with the appropriate credentials shall be entitled to inspect all such wage records,


(d) All such wages books and other payment records shall be made available within 48 hours on site

or at another convenient, appropriate place, provided the Union give notice to the Employers and the Project Manager.

(e) Such inspections shall not take place unless there is a suspected breach of this Award, other

appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or other Statutory Employer requirements.

16.2 Project Delegates

Definition

(i) The parties acknowledge it is the sole right of the Project workforce to elect the Project Delegate/s who shall be recognised as the authorised representative of the Unions in respect of the Project.

(ii) The Project Delegate/s shall have the right to approach or be approached by any employee of an

employer to discuss industrial matters with that employee during normal working hours. (iii) The Project Delegate/s shall have the right to communicate with members of the Union in

relation to industrial matters without impediment by the employer. Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an employer:

moving the Project Delegate/s to a workplace or work situation which prevents or significantly impedes communication with the project Workforce; changing a Project Delegate's shifts or rosters so that communication with employees is prevented or significantly impeded;

disrupting duly organised meetings.

(iv) The Project Delegate/s shall be entitled to represent members in relation to industrial matters on

the Project, and without limiting the generality of that entitlement is entitled to be involved in representing members:

the introduction of new technology on the Project and other forms of workplace change; Career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of the employees


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Ensuring that employees on the Project are paid their correct wages, allowances and other lawful entitlements. To check with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy has been paid on time.

(v) In order to assist the Project Delegate/s to effectively discharge their duties and responsibilities,

the Project Delegate/s shall be afforded the following rights:

the right to reasonable communication with other delegates, union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work; at least 10 days paid time off work to attend relevant Union training courses/forums; paid time off to attend meetings of delegates in the industry, as authorised by the relevant union.

(vi) The employer of a Project Delegate shall provide to the Project Delegate the following:

a lockable cabinet for the keeping of records; a lockable notice board for the placement of Union notices at the discretion of the Project Delegate/s; where practicable, i.e. on large sites, a Project Delegate/s office; where a Project Delegate/s office is not practicable, access to a meeting room; use of the telephone for legitimate union business associated with the Project; from existing resources, and when required for legitimate union Project related business, access to:- a word-processor, typewriter, a photocopier, facsimile machine and e-mail.

(vii) There shall be no deduction to wages where the Union requires the Project Delegate/s to attend

any Court or Industrial Tribunal proceedings relating to Industrial matters at the workplace impacting on employees.

16.3 Union Membership

Properly accredited officials and workplace representatives of the union shall have the right to be provided with appropriate access to employees to promote the benefits of union membership. To assist in this process the Employer shall:

(a) Encourage all current and future employees to join and remain members of the union party to

this Award; (b) Supply all employees with a union application form at the same time as new employees are

provided with their taxation declaration form; (c) Provide the union access to new employees at induction training;

17. Australian Content


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17.1 The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.


18.1 Employers will provide their Employees engaged on site with legally produced Australian made

protective clothing and footwear on the following basis:

(a) Safety Footwear

Appropriate safety footwear shall be supplied on commencement if not already provided, to all persons engaged on site and will be replaced as a result of fair wear and tear, provided they are produced to the Employer as evidence.

(b) Clothing

Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year as a result of fair wear and tear, provided they are produced to the Employer as evidence.

(c) Jackets

Each person, after accumulated employment on site of 152 hours shall be eligible to be issued with warm bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

18.2 In circumstances where any Employee(s) of Employers are transferred to the project from another Project where an issue of equivalent clothing was made, then such Employee shall not be entitled to an issue for this Project until the expiry of the calendar year or on a fair wear and tear basis.

18.3 Employees who receive from their Employer an issue and replacement of equivalent clothing and/or

safety footwear as part of the Employer's policy or relevant industrial instrument shall not be entitled to the provisions of this clause

18.4 Employers will consult with the Unions NSW to be provided with a list of Australian Manufacturers

who do not use illegal or exploited labour in the manufacture of their work clothes. 18.5 Notwithstanding anything else contained in this clause all Transport Employees / Contractors will be

supplied with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the commencement of work at the site. However the Company does not need to supply the above if the said Employee / Contractor has been issued with the clothing by the Principal Contractor within the previous twelve (12) months and the Principal Contractor can substantiate that fact.

19. Workers Compensation and Insurance Cover

19.1 Employers must ensure that all persons that they engage to work on the project are covered by workers

compensation insurance. 19.2 A W Edwards Pty Limited will assess Workers Compensation Certificates of Currency from each

Employer engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct. This information will be available to authorised Union officials on request.


workers compensation:

(a) All Employees will report injuries to the project first aider and their supervisor at the earliest possible time after the injury.


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(b) All Employees will comply with the requirements for making a workers compensation claim, including the provision of a Workcover medical certificate, at the earliest possible time after the injury. This information will also be supplied to the project first aid officer, and the employee's supervisor.

(c) In cases where the Employee is unable to comply with the above, the relevant employer will

assist in fulfilling requirements for making a claim. 19.4 Employers must ensure that they are aware of and will abide by Sections 63 to 69 of the Workplace

Injury Management and Workers Compensation Act 1998, which provide that:

(a) The Employer shall keep a register of injuries /site accident book in a readily accessible place on site;







to the person entitled to the compensation within three (3) working days; 19.5 Where there has been a serious incident and/or accident which has resulted in a serious injury or loss of

life the employer shall notify the relevant union immediately. 19.6 The Employer will also complete the relevant accident notification form and send it to WorkCover.

20. Apprentices 20.1 As part of the Project's commitment to industry training, a ratio of one apprentice / trainee to every five

tradespersons within each Employer's workforce is to be maintained.

21. Training and Workplace Reform 21.1 The Parties are committed to achieving improvements in productivity and innovation through

cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

22. Project Death Cover

22.1 A W Edwards Pty Limited will guarantee the beneficiary of any employee who dies as a consequence of

working on the project will be paid a death benefit of $25,000. Such benefit shall be paid within fourteen (14) days of the production of appropriate documentation. This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the employee.


23.1 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.


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23.2 This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

23.3 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 fulfilment of these obligations for the parties to make application to vary any provision of the Award, which, by its terms of operation, has a direct or indirect discriminatory effect.




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. 23.6 This clause does not create legal rights or obligations in addition to those imposed upon the parties by

legislation referred to in this clause.

24. Personal/Carers Leave 24.1 Use of Sick Leave

(a) An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in clause 24.1 (c)(ii) who needs the Employee's care and support, shall be entitled to use, in accordance with this sub-clause, any current or accrued sick leave entitlement, 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.


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 sub-clause where another person has taken leave to care for the same person.

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


a spouse of the Employee; or 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 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


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a same sex partner who lives with the Employee as the de factor partner of that Employee on a bona fide domestic basis; or a relative of the Employee who is a member of the same household, where for the purposes of this paragraph: "relative" means - a person related by blood, marriage or affinity; "affinity" means - a relationship that one spouse because of marriage has to blood relatives of the other: and "household" means - a family group living in the same domestic dwelling.

(d) An Employee shall, wherever practicable, give the Employer prior notice 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 shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.


(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 25.1 (c)(ii) above who is ill.

24.3 Annual Leave




of single day absences, until at least five consecutive annual leave days are taken. 24.4 Time-off in Lieu of Payment for Overtime



that is an hour for each hour worked. (c) If, having elected to take time as leave in according with paragraph 24.4(a) above, the leave is



overtime rates in accordance with the award. 24.5 Make-up Time


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(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.


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.

24.6 Rostered days off


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 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 Unions to participate in negotiations.


25.1 For the purposes of this Award the Parties agree that the following calendar will be adopted for the

Project. The calendar has been produced with a view to maximising quality leisure time off for all employees. Accordingly, the Parties agree that on certain weekends (as set out in the Calendar), no work shall be carried out.

Provided, however, where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDO's as set out below, subject to the agreement of the appropriate union secretary or nominee. In such circumstances reasonable notice (where possible), shall be given to the union (or Project Delegate).

26. Leave Reserved

Leave is given to the parties to make application to the Industrial Relations Commission of New South Wales to amend this award in order to ensure that it complies with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry.

Site Calendar 2005 Saturday January 1 New Year's Day Sunday January 2 Monday January 3 New Year's Day Public Holiday Wednesday January 26 Australia Day Public Holiday Thursday January 27 RDO Friday January 28 RDO Saturday January 29 Sunday January 30 Friday March 25 Good Friday Public Holiday Saturday March 26 Sunday March 27 Easter Sunday


- 948 -

Monday March 28 Easter Monday Public Holiday Tuesday March 29 RDO Friday April 22 RDO Saturday April 23 Sunday April 24 Monday April 25 Anzac Day Public Holiday Saturday June 11 Sunday June 12 Monday June 13 Queen's Birthday Public Holiday Tuesday June 14 RDO Saturday October 1 Sunday October 2 Monday October 3 Labour Day Public Holiday Tuesday October 4 RDO Saturday December 3 Sunday December 4 Monday December 5 Union Picnic Day Tuesday December 6 RDO

Site Calendar 2006 Monday January 2 Public Holiday Thursday January 26 No Work Public Holiday Friday January 27 RDO (fixed) Saturday January 28 No Work Saturday Sunday January 29 No Work Sunday Monday February 27 RDO (flexible) Monday March 27 RDO (flexible) Friday April 14 No Work Public Holiday Saturday April 15 No Work Saturday Sunday April 16 No Work Sunday Monday April 17 No Work Public Holiday Saturday April 22 No Work Saturday Sunday April 23 No Work Sunday Monday April 24 RDO (fixed) Tuesday April 25 No Work Public Holiday Monday May 22 RDO (flexible) Saturday June 10 No Work Saturday Sunday June 11 No Work Sunday Monday June 12 No Work Public Holiday Tuesday June 13 RDO (fixed) Monday July 17 RDO (flexible) Monday August 14 RDO (flexible)


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Monday September 11 RDO (flexible) Saturday September 30 No Work Saturday Sunday October 1 No Work Sunday Monday October 2 No Work Public Holiday Tuesday October 3 RDO (fixed) Monday November 6 RDO (flexible) Saturday December 2 No Work Saturday Sunday December 3 No Work Sunday Monday December 4 No Work Union Picnic Day Tuesday December 5 RDO (fixed) Monday December 25 Public Holiday Tuesday December 26 Public Holiday Friday December 29 RDO (flexible)

Site Calendar 2007 Monday January 1 Public Holiday Friday January 26 No Work Public Holiday Saturday January 27 No Work Saturday Sunday January 28 No Work Sunday Monday January 29 RDO (fixed) Monday February 26 RDO (flexible) Friday April 6 No Work Public Holiday Saturday April 7 No Work Saturday Sunday April 8 No Work Sunday Monday April 9 No Work Public Holiday Tuesday April 10 RDO (fixed) Wednesday April 11 RDO (fixed) Wednesday April 25 Public Holiday Monday May 21 RDO (flexible) Saturday June 9 No Work Saturday Sunday June 10 No Work Sunday Monday June 11 No Work Public Holiday Tuesday June 12 RDO (fixed) Monday July 16 RDO (flexible) Monday August 13 RDO (flexible) Monday September 10 RDO (flexible) Saturday September 29 No Work Saturday Sunday September 30 No Work Sunday Monday October 1 No Work Public Holiday Tuesday October 2 RDO (fixed) Monday November 5 RDO (flexible) Saturday December 1 No Work Saturday


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Sunday December 2 No Work Sunday Monday December 3 No Work Union Picnic Day Tuesday December 4 RDO (fixed) Tuesday December 25 Public Holiday Wednesday December 26 Public Holiday Friday December 31 RDO (flexible)

Site Calendar 2008 Tuesday January 1 Public Holiday Saturday January 26 No Work Saturday Sunday January 27 No Work Sunday Monday January 28 No Work Public Holiday Tuesday January 29 RDO (fixed) Monday February 25 RDO (flexible) Friday March 21 No Work Public Holiday Saturday March 22 No Work Saturday Sunday March 23 No Work Sunday Monday March 24 No Work Public Holiday Tuesday March 25 RDO (fixed) Thursday April 24 RDO (fixed) Friday April 25 No Work Public Holiday Saturday April 26 No Work Saturday Sunday April 27 No Work Sunday Monday May 26 RDO (flexible) Saturday June 7 No Work Saturday Sunday June 8 No Work Sunday Monday June 9 No Work Public Holiday Tuesday June 10 RDO (fixed) Monday July 21 RDO (flexible) Monday August 18 RDO (flexible) Monday September 15 RDO (flexible) Saturday October 4 No Work Saturday Sunday October 5 No Work Sunday Monday October 6 No Work Public Holiday Tuesday October 7 RDO (fixed) Monday November 10 RDO (flexible) Saturday November 29 No Work Saturday Sunday November 30 No Work Sunday Monday December 1 No Work Union Picnic Day Tuesday December 2 RDO (fixed) Thursday December 25 Public Holiday Friday December 26 Public Holiday Wednesday December 31 RDO (flexible)


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ANNEXURE A

PART 1

EMPLOYERS:

(Parties) A W Edwards Pty Limited and any sub-contractors engaged to work on the project.

PART 2

UNIONS: Unions NSW Construction Forestry Mining and Energy Union (New South Wales Branch) Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division; Electrical Trades Union of Australia (NSW Branch) Transport Workers Union (TWU) Automotive Food Metals Engineering Printing & Kindred Industries Union (also known as AMWU) Australian Workers Union

ANNEXURE B

Authority to obtain details of work rights from DIMIA EMPLOYEE DETAILS EMPLOYER/LABOUR SUPPLIER DETAILSAs specified in passport or other identity document) Family Name: Business Name: Given Name(s): Business Street Address: Other Name(s) used (e.g. maiden name): Date of Birth: Nationality: Type of Business: Passport Number: Visa Number: Name of Contact Person: Visa Expiry Date: Telephone: I authorise the Department of Immigration and


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Multicultural and Indigenous Affairs (DIMIA) to Fax: release the details of my work rights status (that is, Note that the employee's work rights status will my entitlement to work legally in Australia) to the be sent directly to the fax number given above. named employer/labour supplier and a Please ensure that this number is correct representative of a principal contractor and authorised trade union officer on request. I understand that these details are held by DIMIA on departmental files and computer systems. I also The completed form should be faxed to understand that the employer/labour supplier will 1800 505 550 use this information for the purposes of establishing my legal entitlement to work in Australia, and for no other purpose. If all details match with our records, the employee's work rights status will be faxed to Employee Signature: you within one working day. Date:

ANNEXURE C

MILESTONES

Epping Station Aerial Concourse East 6 November 2005 Aerial Concourse and Transfer Complete 16 February 2007 Platform 5,6 and Cavern Fit-out Complete 20 March 2007 Permanent Power 22 May 2007 Landscape and Roadworks Complete 31 October 2007 Stage 5 Commissioning Complete 16 November 2007 Macquarie Park Entry Cavern Wall Cladding Complete 2 August 2005 Concourse Fit-out Complete 21 June 2006 Service Buildings Complete 11 December 2006 Entry Canopies Complete 13 February 2007 Cavern Fit-out Complete 1 April 2007 Permanent Power 15 August 2007 Landscape and Roadworks Complete 31 October 2007 Stage 5 Commissioning Complete 16 November 2007 Rehab Waterloo Road Area C 3 March 2008 Macquarie University Entry Cavern Wall Cladding Complete 23 May 2006 Concourse Fit-out Complete 22 September 2006 Service Buildings Complete 22 December 2006 Entry Canopies Complete 12 February 2007 Cavern Fit-out Complete 1 April 2007 Permanent Power 15 August 2007 Landscape and Roadworks Complete 31 October 2007 Stage 5 Commissioning Complete 16 November 2007 Dehli Road Entry Cavern Wall Cladding Complete 25 July 2006 Concourse Fit-out Complete 17 November 2006 Service Buildings Complete 22 February 2007 Centre Entry Canopy and Cavern Fit-out Complete 1 April 2007 Permanent Power 15 August 2007


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Landscape and Roadworks Complete 31 October 2007 Stage 5 Commissioning Complete 16 November 2007

T. M. KAVANAGH J.


GOLDENFIELDS WATER COUNTY COUNCIL ENTERPRISE AWARD

2004


Application by New South Wales Local Government, Administrative, Energy, Airlines and Utilities Union, industrial organisation of employees.

(No. IRC 2306 of 2005 )

Before The Honourable Justice Boland 12 May 2005

AWARD

Arrangement


7. Overtime 14. Superannuation 9. Leave 2. Definitions 4. Expenses and Allowances 10. Consultative Committee 5. Salary Packaging 8. Award Holidays 11. Grievance & Dispute Procedures 6. Hours of Work 3. Rates of Pay 13. Workplace Change & Redundancy 1. Statement of Intent 12. Occupational Health & Safety 15. Savings & Transitional Arrangements 16. Area, Incidence and Duration

PART B


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ANNEXURES

1. Monetary Rates (Pay and Allowances) 2. Pay Increases on Approval

1. Statement of Intent

1.1 It is the intention of the parties that both the "Goldenfields Water County Council Enterprise Award

2004" and the "Local Government (State) Award 2004", shall apply to all non-contract employees of Goldenfields Water County Council.

1.2 The Goldenfields Water County Council Enterprise Award 2004 ("this Award") shall prevail over the

provisions of the Local Government (State) Award 2004 ("the State Award") to the extent of any inconsistencies. Where this award is silent in respect to provisions contained in the State Award, the provisions of the State Award shall apply.

1.3 The agreed objectives of this Award are:

Co-operation between Council and Employees to achieve: Management Plan objectives and strategies; Improved productivity, including taking action to reduce water wastage and ensuring pump power usage efficiency; Early fault detection and efficient repair methods; Ensuring Customer Relations and Level of Service strategies are met by delivering high quality attention and action in service to customers; Action to reduce operating and maintenance costs; and Responsibility in environmental matters.

2. Definitions 2.1 "Association" means - the Shires Association of New South Wales. 2.2 "Council" means - Goldenfields Water County Council. This definition shall be read subject to

allocation of responsibilities as specified in the Local Government Act 1993. 2.3 "State Award" means - the New South Wales Local Government (State) Award 2004 as may be varied

and/or replaced from time to time. 2.4 "Union" means - the New South Wales Local Government, Clerical, Administrative, Energy, Airlines &

Utilities Union; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Electrical Trades Union (N.S.W.) of Australia and Local Government Engineers Association.

3. Rates of Pay 3.1 Council shall introduce a salary system to complement the skills-based structure and rates of pay of the

State Award.


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3.2 The actual weekly rates of pay applying to all non-contract employees of Goldenfields Water County Council are set out in Table 1, of Part B, of this award (i.e. the rates applicable under the Council’s salary system).

3.3 At the cessation of this Award on 31 October 2007, the parties agree that increases in weekly rates of

pay under the State Award shall be automatically incorporated into Council’s Salary System and will have the same operative date as the State Award increases (such increases are not to be absorbed into Council’s salary system). It is acknowledged that these increases represent the minimum increases to be awarded at the enterprise level and that the Union(s) may seek to negotiate over Award payments once this award has expired.

3.4 The current weekly rate of pay of an employee for the purposes of the Workers Compensations Act

1987, shall be the rate paid to the employee under the salary system.

4. Expenses and Allowances 4.1 Telephones

An employee who is required to have a telephone at the there home for Council purposes shall be compensated as follows:

4.1.1 Reimbursed the annual rental fees and charges plus either:

an allowance of $5.00 per week for the cost of calls in connection with Council’s business, or in the event of the actual cost of outgoing calls made in connection with Council’s business being, for any particular week, demonstrated to exceed $5.00, the actual cost of such calls; Or alternatively, at the discretion of the Council:

4.1.2 Where required, a mobile telephone will be provided by Council with all associated business

usage costs including rental, message bank, etc. being met by Council. Private usage of the phone will be charged to the employee at the applicable Council plan rate.

4.2. Living Away from Home

4.2.1 Accommodation

An employee required to work at a distance from the employee’s usual residence, and who is required to remain at the location overnight shall be provided with accommodation of at least an NRMA rating of three stars in single accommodation, or if such standard of accommodation is not available, other accommodation as may be agreed to between Council and the affected employee/s, and a monetary compensation will be paid to the employee/s which will be the difference between the nearest three star accommodation and the actual accommodation provided.

4.2.2 Incidentals

In addition to 4.2.1 above, Council shall pay for breakfast, evening meals and all reasonable incidental expenses (as approved by the General Manager) incurred as a result of the requirements to live away from home. This shall include but not limited to reasonable costs incurred for carer’s responsibilities such as: Child Care - After school care


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Relative's costs to provide assistance due to the spouse's absence.

5. Salary Packaging Employees may participate in a salary packaging scheme. A salary packaging arrangement will be cost neutral to Goldenfields Water. Benefit options available under the Salary Packaging Scheme will be determined and reviewed from time to time by Golden Fields Water and can include 100% private vehicle use, motor vehicles, lap-top computers, superannuation as per Clause 11 of the Local Government (State) Award 2004.

6. Hours of Work 6.1 General

6.1.1 Spread of Hours

Council and its employees agree that the following fundamental objectives shall be considered in determining how an employee's working hours are to be structured under this Award:

the most efficient means of delivery of services;

the most effective way of servicing the customer; and

the most effective way of meeting employees' needs for satisfying work, personal development, health and workplace safety.

Except as otherwise provided for in Clause 6.2, Shift Work, the ordinary hours for all employees shall be 38 hours per week, worked between 6:00a.m. and 6:00p.m., Monday to Friday.

6.1.2 Starting and Finishing Times

The starting and finishing times within the spread of hours provided by this clause shall be as determined by Council in consultation with the employees concerned.

6.1.3 Ordinary Hours of Work

6.1.3.1 Unless otherwise agreed to by Council following application from an employee

(with such agreement being, inter alia, dependent on any alternative arrangement having no adverse effect on Council’s operations) the ordinary hours of work for all employees shall be seventy six per fortnight, to be worked on nine weekdays in any two week cycle.

Management will, in conjunction with the employees concerned, arrange rosters which will ensure that both Council and employees are able to derive maximum benefit from rostered days off; and to ensure that conflicts between rostered days and public holidays do not occur. It is, however, acknowledged that, in order to meet anticipated customer service commitments and minimum staffing levels, it may not always be possible to schedule all rostered days for all employees on Mondays or Fridays; and that there may be occasions when Council will seek to


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negotiate and implement mutually acceptable arrangements with individual employees for an alternative day off during a particular period.

6.1.3.2 Employees, either at Council’s request or on their own request and with the

approval of Council, may defer up to two rostered days off per annum. Such deferred days shall be added to and taken from the employee's annual leave.

Alternatively where, at Council’s request and with the concurrence of the employee concerned, an employee works on a rostered day off, such employee may elect to be paid for such day in lieu of its deferral. Payment for any "rostered day off" worked in accordance with this subclause shall be made at the same rates as provided in this Award for working on an ordinary Saturday; without further entitlement following such payment.

6.1.3.3 Employees called out to perform duties either in their capacity as an on call officer

or just as a call-out and require a ten hour break on the following day, and the following day is an RDO, then the employee/s shall have the right to defer their RDO to another mutually agreed time.

6.2 Water Treatment Plant Work

6.2.1 Jugiong Plant - Existing Employees

The following provisions shall apply, on a "Present Occupant Only" basis, to the two employees currently employed on a Shift Work basis at the Jugiong Water Treatment Plant. In the event of either of the two positions becoming vacant, it is agreed that any new Shift and/or Weekend Work arrangements which may be required at that time may, if not covered by provisions elsewhere in this Award, be subject to alternative provisions to be negotiated at such time.

6.2.1.1 Shift Work

6.2.1.1.1 Shift workers are required to work a five plus four day, two shift system,

spread over nine weekdays and, except as provided hereunder, generally in accordance with the provisions of Clause 5.1.

6.2.1.1.2 The ordinary working hours of such employees shall not exceed 76 hours in

any 14 consecutive days. 6.2.1.1.3 A shift allowance of 15% of the ordinary daily rate of pay shall be paid to

shift workers provided for in this subclause for work on any shift which starts or finishes outside the times of 7:00 am and 5:00 pm.

6.2.1.1.4 The method of working shifts may in any case be varied by agreement

between the Council and the affected employee(s) to meet the circumstances of the establishment. The times of commencing and finishing shifts may be varied by agreement between the Council and such employees to meet the circumstances of the establishment or, in the absence of agreement, by seven days’ notice of alteration given by the Council to the affected employee(s).

6.2.1.1.5 In agreement with their Supervisor, occasional exchanging of daily shifts

between employees covered by this clause (to meet family commitments, for example) is allowed, provided there is no disruption to normal Plant operations.

6.2.1.1.6 The shift roster is to commence on a weekday for a seven day period, of

which the ordinary weekdays will be worked on a shift work basis and weekend days (and any public holidays) shall be worked and paid for in


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accordance with subclause 5.2.1.2 hereunder. Employees will continue to rotate duties between "operation" and "maintenance" each alternate week.

6.2.1.2 Weekend Work

6.2.1.2.1 An employee required to undertake pre-arranged duties at the Plant on

Saturdays, Sundays and/or Award Holidays will be paid the amount set out in the Annexure to this Award for each day so worked, with such payment being inclusive of payment for the first four hours of overtime work performed during each rostered day. These four hours shall be calculated on an hour-for-hour basis for all time worked in accordance with this subclause.

6.2.1.2.2 Normal overtime penalty rates will accrue after four hours of work

performed on any such Saturday, Sunday or Award Holiday. 6.2.1.2.3 For each Award Holiday on which an employee is required to undertake

pre-arranged overtime, the employee shall be granted one day additional annual leave.

6.2.1.4 Meal Times - Shift Workers

Shift workers shall be allowed, in each ordinary working shift, a meal crib time of twenty minutes, which shall be treated as part of the shift and paid for accordingly.

6.2.1.5 Overtime Meal Breaks - Shift Work

Meal breaks during periods of overtime and the payment of meal allowances shall apply to shift workers required to work overtime outside the hours of their ordinary rostered shift, except where, by an approved arrangement made between employees or at their request, excess time is incurred in changed shifts or in their ordinary rostered shifts.

6.2.2 Pre-Arranged And Emergent Work (All Plants)

The following provisions shall apply to employees other than those to whom Clause 5.2.1 above applies, whether usually engaged on a "shift work" or "normal hours" basis; whose place of residence (whether or not it is supplied by Council) is within 400 metres of a major Water Supply Headworks and/or Treatment Facility (i.e. Oura or Jugiong) and who are required to undertake pre-arranged overtime duties at such Facility.

6.2.2.1 An employee required to undertake pre-arranged duties at a Plant on Saturdays,

Sundays and/or Award Holidays, together with incidental emergent duties outside working hours throughout the week, will be paid the amount set out in the Annexure to this Award for each week so worked, with such payment being inclusive of payment for the first four hours of overtime work performed during each week. These four hours shall be calculated on an hour-for-hour basis for all time worked in accordance with this subclause.

6.2.2.2 Normal overtime penalty rates will accrue after four hours of work performed in

any such week. 6.2.2.3 For each Award Holiday on which an employee is required to undertake pre-

arranged overtime, the employee shall be granted one day additional annual leave. 6.2.2.4 The requirement of this Clause to undertake incidental emergent duties is not a

requirement to be available for "on call" duties pursuant to Clause 6.2 of this


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Award; and the provisions of Clause 5.2.2 are specifically excluded from any application under this Clause.

6.2.2.5 In the event of Council requiring an employee to work concurrently under both the

provisions of this Clause and the "on call" Clause (6.2), all time worked on, and conditions stipulated for, each set of duties shall stand separately and be paid separately and cumulatively.

7. Overtime

7.1 General

7.1.1 It shall be a condition of employment that employees shall be available to work reasonable overtime to meet the needs of Council.

7.1.2 Except to the extent that, either under or prior to the making of this Award, a supplementary or

annualised payment has been incorporated into the ordinary pay of individual employees in accordance with Clause 13.2 of this Award, overtime shall be worked and paid for in accordance with the State Award.

7.2 On Call

7.2.1 An employee is "On Call" if Council requires the employee to be available, outside the employee’s usual ordinary hours, for emergency and/or breakdown work and associated responsibilities as detailed in Council’s Policies (and which formed an annexure to the former Goldenfields Water County Council Enterprise Award). The On Call period will commence on a weekday for a seven day period. No employee will be required to participate in an On Call roster for any more than seven weeks in any thirteen week period.

On Call work shall not include overtime which has been pre-arranged prior to the employee’s normal ceasing time.

7.2.2 An On Call employee must be able to be contacted and commence duty in response to a call out

within fifteen minutes.

7.2.3 An employee required to be On Call will be paid the amount set out in the Annexure to this Award each rostered week, with such payment being inclusive of payment for the first four hours of call out work performed during each rostered period. These four hours shall be calculated on an hour-for-hour basis inclusive of Saturday, Sunday and Award Holidays.

7.2.4 Normal overtime penalty rates will accrue after four hours of work performed during the On Call

period. 7.2.5 For each Award Holiday on which an employee is On Call, the employee shall be granted one

day additional annual leave. 7.2.6 When an On Call officer has performed duties, a minimum rest period of ten hours will be

provided following the completion of actions and prior to the resumption of normal work. 7.3 Duty Officer

7.3.1 An employee is "Duty Officer" if Council requires the employee to be available, outside the employee’s usual ordinary hours, for the purpose of being the principal point of contact for water supply matters and associated responsibilities as detailed in Council’s Policies (and which formed an annexure to the former Goldenfields Water County Council Enterprise Award). The duty period will commence on a weekday for a seven day period. No employee will be required to participate in a duty roster for any more than seven weeks in any thirteen week period.


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7.3.2 Duty Officer work shall not include overtime which has been pre-arranged prior to the employee’s normal ceasing time.

7.3.3 A Duty Officer must be able to be contacted at all times while on roster. 7.3.4 An employee required to perform the role of Duty Officer will, except to the extent that an

annualised amount has been incorporated into the ordinary pay of an individual employee prior to the making of this Award (in which case such individual employee shall retain such arrangement on a "present occupant only" basis), be paid the amount set out in the Annexure to this Award each rostered week which is in lieu of:

any claim for payment for being available, during the rostered period, outside of the employee’s usual ordinary hours of work, and any claim for payment for work performed, outside the employee’s usual ordinary hours of work, in their capacity of Duty Officer.

7.3.5 For each Award Holiday on which an employee is Duty Officer, the employee shall be granted

one day additional annual leave. 7.3.6 Employees performing Duty Officer work shall be entitled to all other allowances prescribed by

this Award, where applicable. 7.3.7 When a Duty Officer has performed substantial evening or overnight duties a minimum rest

period of ten hours will be provided following the completion of said duties and prior to the resumption of normal work.

7.4 Duty Officer - "Second Call"

7.4.1 In order to assist in the provision of after hours responses at peak times, Council may require any employee to be available to assist the Rostered Duty Officer in the event of demand exceeding the Rostered Duty Officer’s capacity to deal with same. An employee required to undertake such duties will be paid the amount set out in the Annexure to this Award each rostered week, with such payment being subject to all of the relevant provisions of Clause 6.3 above; with the exception of Clause 6.3.5.

7.4.2 The rostering of employees to undertake "second call" duties will be arranged by Council at the

same time and in the same manner as applies to all other arrangements for rostering of "on call", "duty officer" and "rostered days off".

8. Award Holidays

All Holidays prescribed under Clause 17 of the State Award shall apply to employees of Council. It is, however, agreed that locally proclaimed holidays shall only apply to employees whose permanent place of work is within the area of such local proclamation.

9. Leave In addition to the Provisions of the State Award, the following supplementary Leave Provisions shall apply to employees of Council. 9.1 Sick Leave

9.1.1 Sick leave credits shall accrue annually from July 01, 1997 on the following basis:


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Employees with less than ten years service with Goldenfields Water County Council since July 01, 1997 - fifteen days,

Employees with more than ten years service with Goldenfields Water County Council since July 01, 1997 - eighteen days,

9.1.2 An employee shall, wherever possible, notify their supervisor, within one hour of the employee’s

usual starting time, of the employee’s inability to attend on account of illness or injury and advise the employer of the estimated duration of their absence.

9.1.3 Illness During Annual and Long Service Leave

If an employee becomes sick or is injured for a period of at least seven consecutive days whilst on annual or long service leave and produces at the time satisfactory medical evidence that the employee is unable to derive benefit from such leave, then the employee’s leave balances will be adjusted by:

Re-crediting the number of annual or long service leave days shown in the medical evidence, and

Debiting the employee’s sick leave balance by the corresponding number of days. 9.2 Long Service Leave

9.2.1 Rate of Accrual

Except as otherwise provided in this Clause, employees shall accrue and Council shall credit each employee long service leave on ordinary pay after each period of continuous service with Goldenfields Water County Council on the following basis:

On completion of five years service, 6.5 weeks On completion of ten years service, a further 6.5 weeks After completion of each of the eleventh to fifteenth years, 1.7 weeks per year After completion of each of the sixteenth to twentieth years, 2.7 weeks per year After completion of each subsequent year, 2.6 weeks per year

9.2.2 Termination of Service

Where an employee has completed more than five years service and is terminated for any cause, long service leave shall be deemed to have accrued for the employee’s total length of service and an amount equivalent to such long service leave, less such leave already taken, computed in monthly periods and equivalent to 1.3 weeks for each year of service up to ten years; and thereafter at the annual rates stipulated in Clause 8.2.1 above; shall be paid to such employee on termination.

9.2.3 Continuous Service shall be the period from the date of commencement to the date of

termination of employment and shall include:

9.2.3.1 All approved paid leave 9.2.3.2 Subject also to Sub-clauses 9.2.4, previous employment with Great Southern

Energy, Northern Riverina County Council or Department of Public Works and Services which was terminated by compulsory transfer to Goldenfields Water County Council on or after July 01, 1997.


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9.2.3.3 Employment as a part-time employee 9.2.3.4 Service with any other Government Department or Local Government Body shall

be service for the purpose of long service leave accrual under this Award provided that:

the former employer pays to Council the monetary value of the long service leave which the employee has accrued at the time of transfer, and the period between cessation of service with the former employer and appointment to the service of Goldenfields Water County Council does not exceed three months and such period is covered by accrued annual and long service leave standing to the credit of the employee at the time of the transfer, and the employee concerned does not engage in work of any kind during the period of paid leave between the cessation of service with the former employer and appointment to the service of Goldenfields Water County Council.

9.2.3.5 Service in the armed forces, enlisted or conscripted, shall be service for the

purpose of long service leave accrual provided that the employee was an employee of Council, its predecessors or a Local Government Council in New South Wales at the time of commencing the service.

9.2.4 For those employees whose continuous service, as defined at Clause 9.2.3, is comprised of a

combination of service with Great Southern Energy, or Northern Riverina County Council, or the Department of Public Works and Services; and Goldenfields Water County Council, Council shall credit each employee long service leave on ordinary pay as follows:

9.2.4.1 For that period of service with Great Southern Energy, Northern Riverina County

Council or the Department of Public Works and Services; at the amount of leave accrual prescribed within the relevant Award or Industrial Instrument governing the employee’s long service leave entitlements during that period of service, and

9.2.4.2 For that period of service with Goldenfields Water County Council; at the amount

of leave prescribed at Clause 9.2.1 of this Award. 9.3 Jury Service Leave

An employee required to attend for jury service during a period of annual leave shall, on application and on production of satisfactory evidence, be credited with annual leave at a subsequent date, for the period during which the employee would have been on annual leave had the employee not been on jury service.

9.4 Bereavement Leave

In addition to the provisions of the State Award, an employee shall be entitled to leave with pay in respect of part of any unworked day upon notification of death.

9.5 Emergency Service Leave

9.5.1 Council recognises the valuable contribution which emergency service volunteers make to the community, whether they are working within Goldenfields’ Service Area or elsewhere. Equally, employees recognise that Council’s operations may, at times, provide essential support in the management of a particular emergency; and that certain employees may not be able to be released from duty by Council without jeopardising Council’s ability to maintain such essential support.


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9.5.2 Council will grant additional amounts of annual leave on full ordinary pay, of up to one week per annum, or such greater amount in any specific case as may be deemed to be warranted, to enable any registered volunteer attached to an Emergency Service Organisation which is recognised by the New South Wales Government to assist such Organisation in its participation in an actual emergency situation (whether or not such situation is actually subject to a disaster declaration by the relevant Government Authority) and, if necessary, to recuperate following such participation.

9.5.3 The granting of such leave shall be subject to the following:

The release of the employee from duty, either by the appropriate supervisor or, when such supervisor cannot be contacted, the rostered Duty Officer.

The subsequent submission of appropriate certification of participation in a particular emergency situation in response to a call out by the Organisation to which they belong; with such certification being issued by an Officer of the relevant Emergency Service Organisation who holds a rank superior to the released employee and is responsible for the activities of the employee in the provision of services by the Organisation.

10. Consultative Committee

10.1 The size and composition of the Consultative Committee shall be representative of Council’s workforce

and agreed to by Council and the local representatives from the unions listed in sub-clause 2.4. 10.2 Employees shall nominate employee representatives on the Consultative Committee.

11. Grievance and Dispute Procedures 11.1 At any stage of the procedure, the employee(s) may be represented by their union or its local

representative and the Council represented by the Shires’ Association. 11.2 The union delegate shall have reasonable opportunity to discuss disputes with management. 11.3 A grievance or dispute shall be dealt with as follows:

11.3.1 The employee(s) shall notify the supervisor of any grievance or dispute and the remedy sought, in writing.

11.3.2 A meeting shall be held between the employee(s) and the supervisor to discuss the

grievance or dispute and the remedy sought within two working days of notification. 11.3.3 If the matter remains unresolved, the employee(s) may request the matter be referred to

the head of the department or other authorised officer for discussion. A further meeting between all parties shall be held as soon as practicable.

11.3.4 If the matter remains unresolved the General Manager shall provide the employee(s) with

a written response. The response shall include the reasons for not implementing any proposed remedy.

11.3.5 Where the matter remains unresolved, it may be referred to the employee's union or

representative and by the General Manager or other authorised officer to the Association for further discussion between the parties.

11.4 The Industrial Registrar may be advised of the existence of a dispute at any stage of this procedure. 11.5 During this procedure and while the matter is in the course of negotiation, conciliation and/or

arbitration, the work practices existing prior to the dispute shall as far as practicable proceed as normal.

12. Occupational Health and Safety


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12.1 All safety equipment and compulsory uniforms will be provided by Council free of charge and be

replaced on the basis of fair wear and tear. 12.2 Council will provide all employees required to work outdoors in wet weather with suitable wet weather

clothing. Council further undertakes to provide gainful employment for staff at all times; and guarantees that no employee will be stood down as a result of inclement weather.

12.3 Council and Employees recognise the sparsity of development and settlement across much of Council’s

area of operations, and the importance of maintaining appropriate levels of monitoring and/or communication as a key component of Council’s obligations in ensuring that its Occupational Health and Safety obligations are met.

Accordingly, it is agreed that the parties will continue to cooperate in maintaining and improving all available levels of contact and/or communication, particularly involving employees working in remote areas; and noted that such may include some forms of satellite, radio, mobile telephone and/or other electronic surveillance. It is, however, further agreed that any surveillance or similar system will primarily be directed at maintaining employee safety and security whilst continuing to provide high levels of customer service; and that any relationship between any such system (should it be introduced) and any disciplinary procedures will, should it ever occur, only be incidental in nature. Furthermore, Council accepts that the introduction of radical new technology to give effect to the above concepts will need to be managed appropriately, and undertakes to, in conjunction with the relevant unions, establish appropriate policies and procedures prior to such implementation.

13. Workplace Change and Redundancy

In the event of an employee’s service being terminated due to redundancy, Severance Pay shall be calculated on the basis of the following:

Completed Years Of Service With Council Entitlement Less than one year Nil One year and less than two years Five weeks pay Two years and less than three years Nine weeks pay Three years and less than four years Thirteen weeks pay

Completed Years Of Service With Council Entitlement Four years and less than five years Sixteen weeks pay Five years and less than six years Nineteen weeks pay Six years and less than seven years Twenty two weeks pay Seven years and less than eight years Twenty five weeks pay Eight years and less than nine years Twenty eight weeks pay Nine years and less than ten years Thirty one weeks pay Ten years and less than eighteen years Thirty four weeks pay Eighteen years and thereafter Two weeks pay for each year of service, with no maximum

14. Superannuation

Subject to the provisions of the Industrial Relations Act 1996, Council shall make superannuation contributions to any current employees nominated Superannuation Fund as at the commencement of this Award. For any new employees clause 12 of the Local Government (State) Award 2004 shall apply.

15. Savings and Transitional Arrangements


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15.1 No Net Detriment Or Reduction In Ordinary Rate Of Pay

No employee shall suffer a net detriment as a result of implementation of this Award nor shall an employee suffer a reduction in their ordinary rate of pay as a result of any transfer to Council’s salary system.

15.2 Commuted Overtime

The practice of commuted overtime by way of a salary loading will continue for employees currently receiving this benefit for the duration of their employment with Council or until such practice is ceased by mutual agreement.

15.3.3 Salary System Implementation

In the event that, at the date of Approval of this Award, there remain any incomplete placements or movements in Council’s Salary System, such placements and/or movements shall be completed and retrospective payments made at the appropriate rates of pay back to the date on which such placement or movement is agreed to take effect.

16. Area, Incidence and Duration

16.1 This Award shall apply to Goldenfields Water County Council (elsewhere referred to as "Council") and

all employees except the General Manager. 16.2 This Award, together with the State Award, governs employment, wages and conditions of the

employees and supersedes the provisions of any Award or Agreement that previously applied to any employees of Council. This award rescinds and replaces the Goldenfields Water County Council Enterprise Award 1999/2000 published 14 February 2003 (338 I.G. 332), and all variations thereof

16.3 In the event of any inconsistent terms or conditions existing between the State Award and this Award,

this Award shall at all times prevail; however, in the absence of any particular terms or conditions in this Award, the provisions of the State Award shall apply.

16.4 The parties to this Award are The Shires Association of New South Wales; Goldenfields Water County

Council; the New South Wales Local Government, Clerical, Administrative, Energy, Airlies & Utilities Union; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; and the Electrical Trades Union (N.S.W.) of Australia; Local Government Engineers Association.

16.5 This Award shall commence on and from the first full pay period after 6 May 2005 and shall remain in

force until the first pay period on or after 31 October, 2007, unless varied or terminated as provided for by the Industrial Relations Act 1996 (NSW). First increase provided by this Award has been administrative paid by Golden Fields Water from 1 November 2004.

16.6 The parties agree to commence negotiations for a replacement Enterprise Award no later than six

months prior to the nominal expiry date of this Award.

PART B

ANNEXURE 1

Table. 1- Monetary Rates Per Week

Band Rate per Week $ First Pay First Pay First Pay Period after Period after Period after 01 November 01 November 01 November


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2004 2005 2006 Operational Band, Level 1 (Note: "T" stands for Trainee) T1 at 15 years of age 270.00 279.50 287.80 T2 at 16 years of age or School Certificate 337.00 348.70 359.20 T3 at 17 years of age 396.60 410.40 422.80 T4 at 18 years of age or over or HSC 463.60 479.80 494.20 T5 530.70 549.30 565.80 T6 573.10 593.20 610.90 T7 601.30 622.30 641.00 T8 630.30 652.40 672.00 T9 659.30 682.40 702.90 T10 689.30 713.40 734.90 Operational Band, Level 2 544.00 564.10 583.20 Operational Band, Level 3 596.80 617.70 636.80 Operational Band, Level 4 666.70 690.00 710.70 Administrative/Technical/Trades Band, Level 1 659.30 682.40 702.90 Administrative/Technical/Trades Band, Level 2 756.10 782.50 806.00 Administrative/Technical/Trades Band, Level 3 904.90 936.60 964.70 Professional/Specialist Band, Level 1 756.10 782.50 806.00 Professional/Specialist Band, Level 2 904.90 936.60 964.70 Professional/Specialist Band, Level 3 1053.70 1090.60 1123.40 Professional/Specialist Band, Level 4 1277.40 1322.10 1361.80 Executive Band, Level 1 1202.70 1244.80 1282.20 Executive Band, Level 2 1500.70 1553.20 1599.90 Executive Band, Level 3 1872.90 1938.40 1996.60 Executive Band, Level 4 2245.00 2323.60 2393.30


Band Rate $

First Pay First Pay First Pay Period after Period after Period after 01 November 01 November 01 November 2004 2005 2006 Part 1 - Allowances Specifically Provided for in this Award Weekend Work (Existing Employees - Jugiong Treatment Plant) (Clause 6.2.1.2.1) 171.50 177.50 182.80 Pre-Arranged & Emergent Work (Water Treatment Plants) (Clause 6.2.2) 171.50 177.50 182.80 On Call (Clause 7.2) 266.10 275.40 283.70 Duty Officer (Clause 7.3) 425.70 440.60 453.80 Duty Officer - "Second Call" (Clause 7.4) 33.30 34.50 35.50 The following is provided for information only It is current at the date of approval of this award but will vary in the event of any state award increases in such allowances Part 2 - Allowances Pursuant to State Award with relevance to Employees of this Council(All other Allowances under State Award do, however, apply if appropriate, unless supplanted by the above allowances specific to this Award) Disability Allowance - per hour 0.28 0.29 0.29


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State Award Clause 13(i)(a) Tool Allowance (per week) 22.10 22.10 22.10 State Award Clause 13 (v)(a) Meal Allowance (per meal) 8.10 8.40 8.70 State Award Clause 13 (xii) Community Language Allowance (per week) 15.10 15.60 16.10 State Award Clause 13 (xi)(a) First Aid Allowance (per week) - (if not paid for in 10.10 10.50 10.80 accordance with Salary System) State Award Clause 13 (xi)(b)

ANNEXURE 2

Pay Increases On Approval Of 2004 Award (Note: Council’s Salary System as referred to hereunder is current at the time of Approval of this Award, but does not form part of this Award; and may be varied or modified at any future time, subject to such variation or modification being in accordance with the provisions of this Award, the State Award, and/or other applicable Law.)

Band Level Council Salary Weekly Rate GWCC Award GWCC Award GWCC Award (From State Weekly Rate Weekly Rate Weekly Rate System Grade Award effective (From Nov (From (From Nov 2003) 2004) Nov 2005) Nov 2006) $ $ $ $

1 T1 T1 258.40 270.00 279.50 287.80 T2 T2 322.40 337.00 348.70 359.20 T3 T3 379.40 396.60 410.40 422.80 T4 T4 443.60 463.60 479.80 494.20 T5 T5 507.80 530.70 549.30 565.80 T6 T6 548.30 573.10 593.20 610.90 T7 T7 575.30 601.30 622.30 641.00 T8 T8 603.10 630.30 652.40 672.00 T9 T9 630.80 659.30 682.40 702.90 T10 T10 659.50 689.30 713.40 734.90

1 2 S1 519.30 544.00 564.10 583.20 S2 535.90 560.70 580.80 599.90 S3 553.00 578.00 598.20 617.30

1 3 S4 571.00 596.80 617.70 636.80 S5 590.40 617.10 638.70 657.90 S6 610.50 638.10 660.40 680.20

1 4 S8 637.90 666.70 690.00 710.70 2 1 S7 630.80 659.30 682.40 702.90 S9 652.90 682.40 706.30 727.50 S10 675.70 706.20 730.90 752.80 S11 699.30 730.90 756.60 779.30

2 2 S12 723.40 756.10 782.50 806.00 S13 749.80 783.70 811.10 835.50 S14 777.20 812.30 840.80 866.00 S15 805.60 842.00 871.40 897.60 S16 835.00 872.70 903.30 930.40

2 3 S17 865.80 904.90 936.60 964.70 S18 899.60 940.30 973.10 1002.30


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S19 934.70 977.00 1011.10 1041.50 S20 971.10 1014.90 1050.40 1082.00

3 1 S12 723.40 756.10 782.50 806.00 S13 749.80 783.70 811.10 835.50 S14 777.20 812.30 840.80 866.00 S15 805.60 842.00 871.40 897.60 S16 835.00 872.70 903.30 930.40

3 2 S17 865.80 904.90 936.60 964.70 S18 899.60 940.30 973.10 1002.30 S19 934.70 977.00 1011.10 1041.50 S20 971.10 1014.90 1050.40 1082.00

3 3 S21 1008.20 1053.70 1090.60 1123.40 S22 1042.00 1089.10 1127.20 1161.00

3 3 S23 1077.00 1125.70 1165.10 1200.10 S24 1113.00 1163.30 1204.00 1240.10 S25 1150.70 1202.70 1244.80 1282.20 S26 1185.90 1239.50 1282.90 1321.40

3 4 S27 1222.10 1277.40 1322.10 1361.80 S28 1264.90 1322.10 1368.30 1409.30 S29 1309.20 1368.40 1416.30 1458.90 S30 1355.00 1416.20 1465.80 1509.80 S31 1402.40 1465.80 1517.00 1562.60 S32 1451.50 1517.10 1570.20 1617.30 S33 1502.30 1570.20 1625.20 1673.90

4 1 S25 1150.70 1202.70 1244.80 1282.20 S26 1185.90 1239.50 1282.90 1321.40 S27 1222.10 1277.40 1322.10 1361.80 S28 1264.90 1322.10 1368.30 1409.30 S29 1309.20 1368.40 1416.30 1458.90 S30 1355.00 1416.20 1465.80 1509.80 S31 1402.40 1465.80 1517.00 1562.60 S32 1451.50 1517.10 1570.20 1617.30

4 2 1435.80 1500.70 1553.20 1599.90 4 3 1791.90 1872.90 1938.40 1996.60 4 4 2147.90 2245.00 2323.60 2393.30

Allowances Disability

(per hour) 0.27 0.28 0.29 0.29 Tool (per week) 21.50 22.10 22.10 22.10 Weekend (per week) 164.90 171.50 177.50 182.80 Meal 7.80 8.10 8.40 8.70 On Call 255.85 266.10 275.40 283.70 Duty 409.35 425.70 440.60 453.80 Duty - 2nd Call 32.00 33.30 34.50 35.50

R. P. BOLAND J.



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(1127) SERIAL C3740

QUALITY BAKERS AUSTRALIA LIMITED (NSW) ENTERPRISE

AWARD 2002


Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 1979 of 2005 )

Before The Honourable Justice Marks 27 April 2005

AWARD

Arrangement

PART A

SECTION 1 - PREAMBLE:

1. Title 2. Statement of Intent 3. Area, Incidence and Duration

SECTION 2 - CONDITIONS OF EMPLOYMENT:

4. Contract of Employment 5. Hours of Work

5a. Procedure for Introduction of Shifts over 10 Hours Etc.

5b. Flexible Leave Bank System 6. Meals 7. Shift Work 8. Overtime 9. Payment of Wages

SECTION 3 - LEAVE

10. Holidays 11. Annual Holidays 12. Annual Holiday Loading 13. Long Service Leave


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14. Sick Leave 15. Jury Service 16. Bereavement Leave 17. Family Leave

SECTION 4 - CLASSIFICATIONS AND REMUNERATION:

18. Rates of Pay 19. Pre Existing Rate of Pay 20. Other Rates and Allowances

SECTION 5 - HUMAN RESOURCES

21. Settlement of Disputes and Grievances 22. Delegates Recognition 23. Sickness and Accident Insurance 24. Occupational Superannuation 25. Shortage of Money or Bread 26. Redundancy 27. Uniforms 28. Occupational Health & Safety 29. Consultative Committees 30. Labour Hire Agreement 31. Leave Reserved 32. Anti-Discrimination

PART B

Appendix 1 - Wage Rates

Appendix 2 - Other Rates and Allowances Appendix 3 - Bakery Classifications

1. Title

This Award shall be known as the Quality Bakers Australia Pty Limited (NSW) Enterprise Award 2005.

2. Statement of Intent This Award reflects a joint commitment by the company, its employees and the Union to provide workplace and employment conditions under which the services of Quality Bakers Australia Pty Limited in New South Wales can be delivered in an efficient, flexible and profitable manner. In particular, the intent of the parties is to:

utilise the terms of this Award in a constructive, managed and co-operative manner in order to ensure a workplace that reflects industry best practice and supports the long term viability of the Enterprise, and hence the employment security of the employees. increase the domestic competitiveness of the Enterprise by achieving significant and on going improvement in efficiency, productivity, workplace flexibility and quality of products and services. increase job scope, ensure job satisfaction and the quality of working life of the employees. provide broader career paths for all employees based on skills and competencies and the contribution they make to the business performance.


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ensure the development of participative management/employee decision making processes which support the contribution of employees on all work related issues. provide high standards of Occupational Health and Safety, equality of employment and exclusion of discrimination in any form. recognise that the company has the right to make changes to its operations in the best interests of the business.

3. Area, Incidence and Duration (i) This Award shall rescind and replace the Quality Bakers Australia Limited (NSW) Enterprise Award

2002 published 8 November 2002 (336 I.G. 1116). (ii) This Award shall apply to all apprentices to trades declared for the purposes of the Industrial and

Commercial Training Act 1989 by the Industrial and Commercial Training (Declared Trades and Declared Callings) Orders, 1989 and to all other classes of employees of Quality Bakers Australia Pty Limited within the jurisdiction of the following Industrial Committees:

Baking Industry (State) Conciliation Committee Engineers, &c. (State) Conciliation Committee, the Boilermakers, &c. (State) Conciliation Committee and the Sheet Metal Workers, &c. (State) Conciliation Committee Electricians, &c. (State) Conciliation Committee Clerical and Administrative Employees (State) Conciliation Committee

provided that employees whose terms and conditions of employment are governed by any of the following Awards:

Metal & Engineering Industry (New South Wales) State Award Electricians (State) Award Clerical and Administrative Employees (State) Award

shall continue to have their terms and conditions of employment governed by those Awards except that the following clauses of this Award shall apply to those employees in lieu of any like clauses in the Awards nominated above and that no payments or increases to rates of pay, other than those specified in this Award, shall be paid to those employees.

Clause 2 - Statement Of Intent Clause 5B - Flexible Leave Bank Clause 18 (i) - Rates of Pay Clause 22 - Sickness & Accident Insurance Clause 25 - Redundancy

(iii) This Award shall take effect from the beginning of the first full pay period commencing on or after 27

April 2005 and shall remain in force until 31 January 2007 (the nominal term). (iv) The parties agree that no later than three (3) months prior to the expiration of this Award, discussions

shall commence regarding the desirability and content of a future Award.

4. Contract of Employment (i) Contract Of Employment

(a) Full Time Employment


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(i) Full Time employees are those regularly engaged for no less than an average of 38 ordinary hours per week and no more than an average of 40 ordinary hours per week. A full-time employee shall not be required to work as a part-time employee unless otherwise agreed.

(ii) Employees engaged to perform Merchandising/Demonstrating duties may agree to work

up to two shifts on any one day provided that the maximum break between shifts is four (4) hours and that the second shift shall not be rostered to finish later than twelve (12) hours after the start of the first shift.

(b) Part-time Employees

Part-time employees shall be engaged to work a regular number of hours per week under a written agreement. Subject to the exceptions permitted under this clause, each employee’s written agreement shall specify the days of the week upon which ordinary hours are to be worked, the number of ordinary hours to be worked on each of those days and, in the case of employees engaged to perform Merchandising/Demonstrating duties, whether that work is to be performed in one or two shifts. This written agreement may be varied at any time, either for an indefinite or specified period, by agreement between the employer and the employee directly concerned, subject to the limitations and procedures specified below:

(i) Ordinary hours for part time employees shall be between an average of twelve (12) and

thirty six (36) ordinary hours per week, inclusive. Provided that part time employees may work full-time for defined periods by agreement under the provisions of subclause (vi) of this clause.

(ii) Other than for employees engaged to perform Merchandising/Demonstrating duties (refer

(iii) below), the ordinary hours of work shall not be less than four (4) hours on any day nor more than ten (10) hours on any day.

(iii) For employees engaged to perform Merchandising/Demonstrating duties:

(a) The ordinary hours of work shall not be less than one (1) hour on any day nor

more than ten (10) hours on any day; (b) Such employees may agree to work up to two shifts on any one day, provided that

the second shift shall not be rostered to finish later than 12 hours after the start of the first shift;

(c) For the purposes of this subclause a second shift is defined as any given period of

work which is separated from any earlier period of work on the same day by any period of unpaid time other than an unpaid meal break given and taken in accordance with the provisions of Clause 6 - Meals - of this Award. A Merchandiser/Demonstrator cannot be directed to take an unpaid meal break during any shift which is less than five hours in duration, nor in any case to take an unpaid meal break which is in excess of thirty (30) minutes in duration;

(d) A part-time Merchandiser/Demonstrator who works a shift of less than 5 hours

shall be paid in addition to their ordinary wages, the appropriate short shift allowance specified in Item 11 of Table 1 of Appendix 2 of Part B of this Award for each shift actually worked.

(iv) Part-time employees when on sick leave, paid family leave, annual holidays, long service

leave, jury service, bereavement leave or holidays, shall be paid the amount which they would have been paid for ordinary hours on the day if they had worked.


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(v) Subject to this sub-clause, all provisions of this Award shall apply to part-time employees on a proportional basis.

(vi)

(a) Subject to (b) below, variations to employee’s part time employment arrangements

may be made by a further written agreement, specifying the hours, days, duration and commencement date and signed by the employee/employer. A copy will be provided to the employee.

(b) Where ordinary hours are reduced, the employee will be advised in writing of the

effect on earnings and other entitlements such as annual, sick and long service leave.

(c) Employees may refer any issues related to the variation of part time employment

arrangements to their supervisor or union representative.

(vii) Part-time employees may be engaged as Relief Merchandisers subject to the following provisions:

(a) The employee's written agreement shall specify the average number of ordinary

hours per week to be worked, said average to be not less than twenty (20) ordinary hours per week nor more than thirty (36) ordinary hours per week;

(b) The employee shall be advised of the roster of actual hours to be worked during

any one week no later than three (3) days prior to the commencement of that week; (c) The employee shall be paid each pay day for the hours actually worked during the

immediately proceeding pay period; (d) Relief Merchandisers shall, if classified at Level 5, be paid a weekly relieving

allowance in addition to their normal wages as set out in Item 10 of Table 1 of Appendix 2 of Part B of this Award.

(viii) Employees employed under this provision may agree, in writing, to be employed as a

flexible part-time employee as defined in Clause (c) below. This is a once only decision and may be made at any time during the currency of the award.

(c) Flexible Part-time Provisions

Part-time employees engaged after 13 June 2002 shall be engaged on the following terms:

(i) The engagement is subject to a minimum number of hours per week, between 12 and 36

per week, with a minimum daily engagement of 4 hours. (ii) Overtime to be paid after 10 hours per day, or the full-time rostered hours for the day

worked in the area the duties are performed, or 38 hours per week, or any work performed on the 6th or 7th day of the week.

(iii) Employees engaged under this provision will be required to work reasonable additional

hours to meet operational or customer needs taking into account the employee’s personal circumstances.

(iv) Subject to operational needs a part-time employee engaged under these provisions will be

provided as much notice as possible of the daily or weekly rostered hours required.


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(v) All conditions applicable to full-time employees shall apply to part-time employees provided that leave entitlements shall apply on a pro rata basis according to the average number of ordinary hours worked, taken over the previous 13 weeks.

(d) Casual Employees

(i) A casual employee shall mean an employee who is engaged as such and paid as such. (ii) A casual employee may be engaged in an emergency, to supplement weekly employees

when weekly employees are not available or to meet seasonal production requirements. Subject to (b) (vii) of this Clause, any employee who is engaged for less than an average of twelve (12) hours per week shall be engaged as a casual employee.

(iii) Subject to this sub-clause the provisions of this Award shall apply to a casual employee

save and except the following clauses:

Clause 5B Flexible Leave Bank Clause 14 Sick Leave Clause 15 Jury Service Clause 16 Bereavement Leave Clause 17 Family Leave

(iv) With the exception of Merchandisers/Demonstrators, the ordinary hours of work shall not

be less than 2 hours on any day nor more than 10 hours on any day. Merchandisers/Demonstrators may be employed for between one (1) and ten (10) ordinary hours and may work up to two shifts on any one day.

(v) Casual employees may be paid through the normal weekly pay process.

(e) Probationary Employment

(i) A probationary period of three (3) months will be applied to all new employees, other

than casuals. This probationary period shall commence from the date of engagement. During the probationary period, the employee's employment may be terminated by either the employee or the employer with the giving of two days notice.

(ii) On commencing employment, probationary employees will be advised as to the

performance standards expected of them and will be provided with adequate feedback through regular performance reviews during the period of probationary employment.

(iii) If, during the period of probationary employment an employee resigns or is dismissed by

the employer, the employee is required to surrender any company property in his/her possession, including any company uniforms issued at the commencement of employment. Should an employee fail to comply with this requirement, the cost of the uniforms or other property will be deducted from any monies due to the employee at the date of termination.

(iv) Casual employees who are offered permanent employment shall have the period of their

probationary employment reduced by the quantum of time employed as a casual.

(f) Fixed Term Employees

An employee may be engaged for a specified fixed term in order to meet peak or seasonal demands, for special projects, to cover longer term absences such as Parental Leave, or when a special need arises.

(g) Employment of Apprentices


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Apprentices shall be employed in accordance with the relevant provisions of the Industrial and Commercial Training Act 1989 and this Award. The following provisions shall apply in respect of apprentices, provided the allowances prescribed do not apply to adult apprentices where adult apprentices are paid in excess of the apprenticeship wage rates specified in this Award:

(i) The period of apprenticeship for persons entering the trade of bread manufacturing shall

be as set out in their Deed of Indenture. The nominal term being four years. (ii) An apprentice who gains a pass at the Stage 1 Examination of the trade or correspondence

course shall be paid a margin as set out in Item 1 of Table 1 of Appendix 2 of Part B of this Award in addition to the award rate prescribed in this Award for the remainder of their term of apprenticeship commencing from the first pay period in the calendar year following the examination.

(iii) An apprentice who completes successfully their full course in the bread manufacturing

trade or correspondence course of technical training shall be paid a margin as set out in Item 2 of Table 1 of Appendix 2 of Part B in addition to the margin prescribed by paragraph (ii) of this sub-clause, and in addition to the Award rate prescribed within this Award for the remainder of their term of apprenticeship commencing for the first pay period in the calendar year following the examination.

(iv) An apprentice who passes at all stages of the trade course in the period normally required

for its completion and whose workshop performance is satisfactory shall, during the last six months of apprenticeship or the balance of apprenticeship whichever is the less, be paid at the rate, including shift penalty rates, prescribed for a tradesperson under this Award.

(v) An apprentice, whose place of work and of residence are so situated that it is reasonably

practicable for the apprentice to attend a college which conducts the trade course, shall attend such college for study in the trade course for the period necessary for him to qualify in the course and shall repeat any stage or any subject in a stage of the course which he/she has failed to complete satisfactorily; provided that an apprentice who, due to circumstances beyond his/her control, fails in any subject of the course, may continue with the course beyond the normal duration of the course if reports from the college show that satisfactory progress is being made; and provided further that an apprentice who fails in any stage of the course may progress to the next stage of the course if permitted to do so by the college under an arrangement approved by the Department of Technical and Further Education.

(vi) The college fees for instruction of each apprentice shall be paid by the employer for each

year of the trade course or correspondence course. (vii) Any apprentice who is given time off during ordinary working hours for the purpose of

attending at a college for instruction and fails to so attend shall not be paid for such time off.

(viii) An employer shall reimburse to an apprentice all fares reasonably incurred in attending

the college. (ix) An employer shall co-operate with the technical college in the training of an apprentice in

the manner recommended by the technical college. (x) An apprentice who is not obliged to attend the trade course in accordance with sub-clause

(v) of this clause shall study the trade course by correspondence, as conducted by the College of External Studies of the Department of Technical and Further Education. For the purpose of taking full advantage of the instruction by correspondence, the apprentice to whom this subclause shall apply, during ordinary working hours, shall study to carry


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out assignments of this course for two hours each week, and the employer shall pay such apprentice his wage and shift penalty rates during such time.

(xi) During each stage of the correspondence course referred to in paragraph (viii) of this sub-

clause, the apprentice shall attend a technical college for training for such period as is required from time to time by TAFE, provided that satisfactory progress has been made with correspondence lessons. Such attendances shall not be undertaken during the period of annual leave, and the employer shall pay all fees, fares and reasonable accommodation expenses in connection with the training for each period of four weeks not otherwise made by the Government of NSW.

(h) Termination Of Employment

(a) Notice of Termination by Employer

(i) The employer must not terminate an employee's employment unless:

(a) the employee has been given either the period of notice required by

subsection (ii) below, or compensation instead of notice; or (b) the employee is guilty of serious misconduct, that is, misconduct of a kind

such that it would be unreasonable to require the employer to continue the employment during the notice period.

(ii) The required period of notice shall be:

Employees period of continuous service: Period of notice: with the Employer Not more than 1 year 1 week More than 1 but not more than 3 years 2 weeks More than 3 years but no more than 5 years 3 weeks More than 5 years 4 weeks

The period of notice is increased by one week if the employee is over 45 years old and has completed at least 2 years continuous service with the employer.

(iii) Payment in lieu of notice shall be made if the appropriate notice period is not

given. If appropriate, part of the period may be worked out, and the remainder shall be paid out.

(b) Notice of Termination by Employee

Employment may be terminated by the employee by giving one week's notice to the employer, at any time during the week, or by the forfeiture of one week's wages in lieu thereof.

(c) The period of notice may be waived with the mutual agreement of both parties. (d) When employment is terminated, wages and any other payments due shall be paid at the

completion of the last week of employment. (e) Except when absent on approved paid leave, an employee not attending for duty shall lose

pay for the actual time of such non-attendance.

5. Hours of Work


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(i) The ordinary hours of work for employees other than part-time employees shall not be less than an average of thirty eight (38) per week, nor exceed an average of forty (40) per week. Rostered ordinary hours of work shall not exceed fifty (50) in any seven day period.

(ii) The ordinary hours of work for part-time employees shall be as provided in Clause 4(b). (iii) The ordinary hours of work prescribed herein may be worked on any day Sunday to Saturday. (iv) Subject to Clause 5A below, the ordinary hours of work shall be worked on not more than five

consecutive days per week provided that by agreement between the employer and the majority of employees affected, the ordinary hours of work may be worked over non-consecutive days of the week.

(v) Subject to Clause 5A below, the ordinary daily hours of work shall be:

(a) for full-time employees, not less than six (6) hours nor more than 10 hours per day; (b) for part-time employees, not less than four (4) hours nor more than 10 hours per day, provided

that employees engaged to perform Merchandising/Demonstrating duties may be employed for one (1) or more hours per day provided that the span of ordinary hours does not exceed twelve (12) in any one day.

(c) for casual employees, not less than two (2) hours nor more than 10 hours per day, provided that

employees engaged to perform Merchandising/Demonstrating duties may be employed for one (1) or more hours per day.

(vi) Circumstances may arise where different work rosters will apply to various groups or sections of

employees in the factory or establishment concerned. (vii) Other than in circumstances provided for in Clause 4(i)(b)(iii), the ordinary hours of work prescribed

herein shall be worked continuously except for meal breaks. Provided further that an unpaid meal break given and taken in accordance with the provisions of Clause 6, Meals, of this Award shall not cause any single shift of work to be treated as two separate shifts for any purposes of this Award

(viii) Crib Breaks for Delivery Drivers

Where an employee is engaged as a Delivery Driver, hours of work shall be rostered to provide for a paid crib break of not less than twenty minutes, which shall be counted as time worked.

5a. Procedure for the Introduction of Shifts over 10 Hours or over more than 5 Successive Shifts

Flexibility in the designated patterns of work will optimise work effectiveness, offer the Company greater opportunities to respond to market and customer requirements and provide employees with greater scope for balancing work and family commitments. The parties to this Award are committed to the following procedure for the introduction of shifts in excess of ten hours and up to twelve hours, and/or of rosters incorporating more than five successive working days. (i) The Company will provide information on the causes of and nature of the proposed changes including

Occupational Health and Safety considerations and all aspects of the proposed change will be fully discussed with all affected employees.

(ii) No roster will be introduced under the provisions of this clause unless each employee required to work

under the proposed new roster agrees to its introduction. Furthermore, no roster will be introduced under the provisions of this clause where doing so would make it economically and/or organisationally non-viable for those employees in the affected section who wish to do so to continue working under their current roster/s.

(iii) The change will be reviewed at the end of an agreed period. This review will include Occupational

Health & Safety considerations.


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(iv) Each roster shall provide an average of at least two rest days for each seven days covered by the full

roster cycle, with each rest period normally being a minimum of two consecutive days. (v) A twenty minute paid crib break is to be taken between the eighth and tenth hours of any twelve hour

shift at time mutually agreed between the employees and the company. (vi) Any dispute arising from these arrangements shall be processed through the Settlement of Grievances

and Disputes procedure outlined in Clause 21 of this Award. (vii) Following the review of new arrangements, new employees may be engaged under the above work

roster arrangements provided that the roster details are provided prior to the acceptance of the position. (viii) The Union shall be provided with full details when such rosters are implemented.

5b. Flexible Leave Bank System The intention of the Flexible Leave Bank System is to provide permanent employees with paid time off to attend to personal or other matters, and to provide greater choice to employees for the taking or cashing in of accumulated hours worked. The principles of the Flexible Leave Bank System are as follows: (i) As at the commencement of the Quality Bakers Australia Limited 1997 Enterprise Award, all permanent

employees shall decide whether or not they wish to participate in the Flexible Leave Bank System. Employees shall be given the opportunity to make a similar election at the end of 12 months, or in any circumstance where an employee has their weekly ordinary hours increased from 38 to 40 hours or reduced from 40 to 38.

(ii) Notwithstanding (i) above, all existing entitlements to Rostered Days Off will be converted to this

system at the date of ratification of this Award and at the hourly rates payable under this Award. (iii) Credits for the Flexible Leave Bank will accrue by deducting 5% from each employee's ordinary time

Award wages (inclusive of all ordinary time penalties and all purpose allowances but exclusive of overtime payments) and by crediting the amount deducted to the employee's Flexible Leave Bank.

(iv) An employee and his/her supervisor may mutually agree to the taking of Flexible Leave at any time, for

any purpose, and over any desired period. (v) Where mutual agreement cannot be reached then, subject to sub-clause (vii) below, leave of one or

more complete days, up to the amount accumulated in an employee's Flexible Leave Bank, shall be granted to the employee upon 14 days written notice being given to the employer. A period of 14 days written notice shall also be required for the cashing in of credits held in an employee's Flexible Leave Bank.

(vi) Credits taken in the form of leave will be deducted from the employee's leave bank at the appropriate

hourly rate including all ordinary time penalties and all purpose allowances, so that an employee taking leave under the provisions of this clause shall receive the same ordinary time payment as he/she would have received had the leave not been taken.

(vii) Management may specify minimum staffing requirements for each work section so that there is minor

disruption to the operational processes, provided that the minimum shall not be more than 85% of full time equivalent employees engaged in that section. If such a minimum is specified then an employee may be refused access to Flexible Leave where granting that leave would cause the staffing level in the employee's section to fall below the specified minimum, even though 14 days written notice has been given. Employees who are refused leave under this provision shall be given priority when the staffing level in their section recovers. The parties accept that additional levels of casual employees may be initially required to supplement and support existing employee resources.

(viii) During the first pay week in June each year, all credits in excess of $2,000.00 will be paid out to full

time employees, and all credits in excess of $1,000.00 will be paid out to part time employees.


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(ix) The minimum amount of credits that may be cashed at any one time is $200.00 by full time employees,

and $100.00 by part time employees. (x) No leave loading is paid on leave taken under the Flexible Leave Bank (xi) The Flexible Leave Bank will be administered by the Pay Department. All accrued credits will be

recorded in the employee's Flexible Leave Bank via the current time sheet arrangement. Wages slips will display an employee’s available credits each week.

(xii) Where an employee ceases employment with the Company any credits owing to that employee shall be

paid out upon termination. (xiii) Grievances or disputes regarding the Flexible Leave Bank arrangements will be resolved through the

Settlement of Grievances and Disputes process detailed in Clause 21 of this Award. (xiv) Credits will continue to be deducted during periods of paid leave in accordance with (iii) above (except

for periods of Workers Compensation Leave).

6. Meals (i) Each employee must take and each employer must give on each day at least half an hour for a meal after

the expiration of 3 hours and commencing within 5 hours of starting work. (ii) An employee not commencing a meal break within 5 hours of starting work shall be paid double time

until a meal break is taken with a minimum of one half hour's pay at such rate. (iii) Meal breaks shall not count as time worked. (iv) An employee required to work overtime for 2 hours or more without being notified at least one day

before, shall be paid a meal allowance as set out in Item 9 of Table of appendix 2 of Part B of this Award.

(v) The meal breaks prescribed in this Clause shall be given and taken so as not to interfere with the

continuity of work and at times mutually agreed between the employer and the employee Notation: Note: Delivery Drivers shall be entitled to a twenty minute paid crib break (See also Clause 5(viii).

7. Shiftwork (i) Except at the regular changeover of shifts and with respect to "split shift" arrangements, an employee

shall not be required to work more than one shift in each 24 hours. (ii) Roster: Shift rosters shall specify the commencing and finishing times of ordinary hours of work of the

respective shifts. The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees affected to suit the circumstances and needs of the plant or establishment or in the absence of agreement by fourteen days' notice of alteration given by the employer to the employee.

(iii) Minimum time off between shifts:10 hours

If the next shift is scheduled to commence before ten hours has expired, the employee shall be entitled to be absent from work on that shift until he/she has had ten hours off duty without any deduction being made in ordinary pay or shift penalty payable for such absence.

(iv) Roster Variations: Shift rosters shall specify the commencing and finishing times of ordinary hours of

work of the respective shifts. The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and the majority of employees affected


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to suit the circumstances and needs of the plant or establishment or, in the absence of agreement, by fourteen days' notice of alteration given by the employer to the employee.

(v) Rotation of shifts: Shifts may be rotated. Different methods of rotation may apply in respect of

particular groups or sections of employees in a plant or establishment. Where shifts rotate, the rotation may be weekly, fortnightly, four-weekly or at such other interval as-may be agreed from time to time between the employer and the majority of the employees affected.

(vi) A weekly employee working as part of a shift roster (not an employee whose ordinary role it is to

relieve) who is required by management to change shifts, for the purpose of replacing another employee who is on leave, shall not suffer any reduction in ordinary earnings whilst on that shift, provided that such leave does not exceed 5 weeks in duration.

(vii) Shift Allowance for ordinary hours of work (% of ordinary hourly rate of employees classification for

each hour worked)

(a) Between midnight Sunday and midnight the following Friday (Between 6.00pm one day and 4.00am the following day) 20% (b) Between midnight Friday and midnight Saturday 30% (c) Between midnight Saturday and midnight Sunday 70% (d) Public Holiday Payment of 150% in addition to the normal hourly rate (inclusive of any applicable shift allowance) or a total of 250%, whichever is the greater, provided that Casual employees shall receive a maximum of 250%.

(viii) From 1 February 2003, the span of hours referred to in (vii)(a) above will change from "Between

6.00pm one day and 4.00am the following day" to "Between 6.00pm one day and 6.00am the following day".

(ix) From 1 February 2004, the shift allowances referred to in (vii) above shall change to the following:

(a) Between 6.00pm one day and 6.00am the following day 20% (b) Between midnight Friday and midnight Saturday 50% (c) Between midnight Saturday and midnight Sunday 100% (d) Public Holiday Payment of 150% in addition to the normal hourly rate (inclusive of any applicable shift allowance) or a total of 250%, whichever is the greater, provided that Casual employees shall receive a maximum of 250%.

8. Overtime

(i)

(a) All time worked by an employee in excess of or outside the employee's ordinary hours of work shall be overtime and shall be paid for at the ordinary hourly rate plus 50 per cent of the ordinary hourly rate for the first two hours on any day, and at the ordinary hourly rate plus 100 per cent of the ordinary hourly rate thereafter.

(b) All overtime worked on a Sunday shall be paid at the ordinary hourly rate plus 100 per cent of

the ordinary hourly rate.


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(c) All overtime worked on a holiday, as provided for in clause 10, Holidays, shall be paid at twice

the ordinary hourly rate plus 50 per cent of the ordinary hourly rate. (ii) Other than for employees engaged to perform Merchandising/Demonstrating duties, where an employee

works overtime on any day and such overtime does not immediately precede or follow ordinary hours of work, an employee shall be paid for a minimum of four hours overtime at the appropriate rate. Where an employee who is engaged to perform Merchandising/Demonstrating duties works overtime which is less than five (5) hours in duration and which does not immediately precede or follow ordinary hours of work then that employee shall be paid in addition to the payment under (i) above, the appropriate overtime shift allowance specified in Item 12 of Table 1 of Appendix 2 of Part B for each shift actually worked.

(iii) Rest Periods After Overtime:

(a) When overtime is necessary it shall, wherever reasonably practicable, be so arranged that the employee has at least 10 consecutive hours off duty between the work of successive days.

(b) An employee who works so much overtime between the termination of their ordinary work on

one day and the commencement of their ordinary work on the next that they have not had at least 10 consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) Failing an instruction from the employer that an employee should not resume or continue work

without having had such 10 consecutive hours off duty the employee shall be paid at the ordinary hourly rate plus 70 percent until they are released from duty for such period and shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. For the purpose of this clause from 30 October 2000 the rate to be applied will be the ordinary hourly rate plus 90 percent.

9. Payment of Wages

(i) With the exception of production supervisors, employees shall be paid weekly or in accordance with

such other arrangements as may be agreed between the employer and the employees affected. Such pay period shall not be altered without fourteen (14) days notice.

(ii) Where an employer alters the pay week the employer shall in respect of that week, pay to each

employee then employed, by way of an advance, any moneys earned from the end of the new pay week until the end of the "old" pay week. In respect of each week thereafter until such advance has been repaid the employer may retain twenty dollars ($20) from payments due to the employee. In the event of the termination of employment before repayment of such advance a further deduction of any balance required for that purpose may be made from moneys due to the employee. Such deductions, together with any additional deductions made for that purpose with the written authority of the employee shall be deductions authorised by this Award.

10. Holidays

(i)

(a) Principles of rostering on Public Holidays

(i) The company and the Union acknowledge that the business must be able to be fully operational, 365 days per year, including all public holidays. This is necessary to meet our customer's specific requirements. The parties also acknowledge that Goodman Fielder Baking (NSW) must be able to satisfy its customers in order to keep those customers, and therefore to stay in business.


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(ii) The parties support the principle that rostering on public holidays must be fair to all employees. Public Holidays will be worked as per an employee's normal roster unless otherwise agreed with their manager. The company will notify no later than 10 days out for rostering requirements.

(b) The days on which the following holidays are observed shall be award holidays, viz., New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Anzac Day, Eight Hour Day, Christmas Day, Boxing Day, together with any other days proclaimed or gazetted as a public holiday for the State. The picnic day of the Union (which shall be held on the first Tuesday in November each year, or such other day as agreed between the employer and the employee) shall also be observed as a holiday, provided that in Queanbeyan, the picnic day shall be observed as the same day as Labour Day in the Australian Capital Territory.

(c) The Picnic Day of the Union (which shall be held on the first Tuesday in November each year, or

such other say as agreed between the company and employees) shall also be observed as a holiday.

(d) For the purpose of this sub-clause an employee shall be treated as working on one of the days

specified in paragraph (a) if that employee works on a shift which is worked in order to produce bread for sale on one of such days even though the shift is not worked on one of such days. The exception will be in the case of the Picnic Day of the Union, where the holiday will be the actual Tuesday and apply to those employees working the Tuesday for the production and delivery of bread into the market on Wednesday.

(ii) A weekly employee normally rostered to work on the above holidays shall be entitled to the holiday

without loss of ordinary time pay or shift penalty, provided that the employee worked on the working day immediately preceding the holiday day and/or immediately succeeding the holiday. Where two holidays fall on consecutive days an employee who worked on either the working day preceding or the working day succeeding either such day but not on both shall be paid for the holiday nearer to the said day on which the employee worked; provided that an employee who produces evidence satisfactory to the employer that the absence from work on any such a day before or after a holiday was due to a good and sufficient cause shall not lose payment for the relevant holiday.

(iii) A weekly employee rostered off on a holiday, except Easter Saturday, shall be entitled to one additional

day as a holiday which shall be taken as agreed between the employee and the employer or failing agreement to be added to the employee's entitlement to annual holidays.

(iv) The minimum number of hours for which an employee is required to be paid when working on a public

holiday shall be five (5). (v) The same sick leave arrangements as for the day prior to and after a public holiday shall apply to the

actual public holiday.

11. Annual Holidays (i) See the Annual Holidays Act 1944. (ii) Employees who are engaged in a continuous shiftwork operation and who, as part of that operation,

regularly rotate through the seven days and regularly work Sundays and Public Holidays shall be entitled to an additional week of annual leave.

(iii) The shift penalty payments prescribed in sub-clause (vi) of clause 7, Shiftwork, of this Award shall be

regarded as part of the ordinary pay of employees entitled to such payments for the purposes of the Annual Holidays Act 1944.

(iv) An employee who was engaged as a dough-maker on 3 January 1990, and who has been receiving

additional annual holiday per year shall continue to receive that annual holiday whilst ever engaged in that capacity.


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12. Annual Holiday Loading (i) In this clause the Annual Holidays Act 1944 is referred to as "the Act". (ii) Before an employee is given and takes annual holiday, or, where by agreement between the employer

and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employee shall be paid a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (iv)).

(iii) The loading is payable in addition to the pay for the period of annual holiday given and taken due to the

employee under the Act and this award. (iv) The loading is 17.5% of the employee's ordinary rate of pay for the period of the annual holiday. For the

purposes of this subclause, the "ordinary rate of pay" shall be based upon the rates applicable from time to time in Table 1 of Appendix 1 of Part B of this Award.

(v) This clause extends to an employee who is given and takes an annual holiday and who would have

worked as a shift worker if not on annual holidays; 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, exceeds the loading calculated in accordance with this Clause, then that amount shall be paid to the employee in lieu of the loading prescribed by this Clause.

(vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance;

provided that, if the employment of such employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with sub-clause (iv) of this Clause applying the award rates of wages-payable on that day.

(vii) Where, in accordance with the Act, the employer'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:

(a) an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with sub-clause (iv) of this Clause.

(b) 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 under the Act such proportion of the loading that would have been payable under this Clause if the employee had become entitled to an annual holiday prior to the close down as the employee's qualifying period of employment in completed weeks bears to 52.

(viii)

(a) When the employment of an employee is terminated by the employer 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 sub-clause (iv) for the period not taken.

(b) Except as provided by paragraph (a) of this sub-clause, no loading is payable on the termination

of an employee's employment.

13. Long Service Leave (i) See Long Service Leave Act 1955.


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(ii) The shift penalty payments prescribed by sub-clause (vi) of clause 7, Shiftwork, of this Award shall be regarded as part of the ordinary rate of pay of employees entitled to such payments for the purposes of the Long Service Leave Act 1955.

14. Sick Leave

(i) After not less than three months continuous service, paid sick leave will be made available (subject to

the provisions of this Award) at the rate of 3.167 hours per month for each completed month of the first year of employment. Thereafter, the entitlement to sick leave per year of employment shall be 61 hours.

(ii) Employees on weekly hiring who, after not less than 3 months' service, are absent from work on

account of personal illness or injury by accident shall be entitled to sick leave, without deduction of pay, subject to the following conditions and limitations:

(a) Employees shall not be entitled to paid sick leave of absence for any period in respect of which

they are entitled to workers compensation.

(b) Employees shall before the ordinary starting time of the first day of the employees’ absence, unless it is not reasonably practicable to do so, inform the employer of inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

(c) An employee shall prove to the satisfaction of the employer that the employee was unable, on

account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed; provided that for the first three single days for which sick leave is claimed in a year of employment, a medical certificate shall not be required.

(d) A part-time employee shall, subject to the provisions of this clause be entitled to a proportionate

amount of sick leave. The amount of sick leave to which a part-time employee is entitled in any year shall bear the same proportion to sick leave prescribed during that year of employment for a full-time employee as the part-time employee's average number of ordinary hours worked during the previous six months of employment, or if there is not a 6 month period of employment then the average number of ordinary hours worked during the actual period of employment, bears to the number of ordinary hours worked by full-time employees.

(e) An employee shall be entitled to sick leave without reduction of penalty rates.

(iii)

(a) The employee's entitlement under this clause shall accumulate from year to year so long as the employee's employment continues with the employer, whether under this or any other Award, so that any sick leave entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer subject to the conditions prescribed by this Clause in a subsequent year of such continued employment.

(b) For each day's absence from work, the employee's accrued sick leave entitlement shall be

reduced by the number of ordinary daily hours for which the employee was rostered for that day in accordance with clause 6, Hours of Work, of this Award.

(c) Where a business, undertaking or establishment or any part thereof is transmitted from one

employer to another employer and an employee who at the time of the transmission was employed by the transmitter in that business, undertaking, establishment or part thereof becomes an employee in the employ of the transmittee any sick leave which has accumulated and not been taken during the employment with the transmitter may be claimed by the employee and shall be allowed by the transmittee subject to the conditions prescribed by this clause during the employee's employment with the transmittee. Sick leave accumulated by an employee pursuant to this paragraph shall be deemed to be sick leave accumulated during the employee's employment with the transmittee. An employee who was employed by the transmitter at the time


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of the transmission and thereafter. is employed by the transmittee shall be entitled to sick leave during the first 3 months employment with the transmittee notwithstanding sub-clause (i) of this Clause.

(d) Where an employee is transferred from the service of an employer being a corporation to the

service of another employer, being a corporation related to the first employer at the time of the transfer, sick leave accumulated and not taken in the employ of the first employer shall after the transfer be deemed to be sick leave accumulated in the employ of the second employer and the employee shall be entitled to sick leave during the first 3 months of employment with the second employer.

(iv) For the purpose of this clause continuous service shall be deemed not to have been broken by:

(a) any absence from work on leave granted by the employer; or b) any absence from work by reason of personal illness, injury, or other reasonable cause (proof

whereof shall in each case, be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of 3 months.

Service with the employer before the date of coming into force of this Award shall be counted as service for the purpose of qualifying for sick leave.

(v) Employees and the Employer shall act in good faith and in cooperation of this clause.

15. Jury Service (i) A weekly employee shall be allowed leave of absence during any period when required to attend for

jury service. (ii) During such leave of absence, an employee shall be paid the difference between the jury service fees

received and the employee's normal rate of pay. (iii) An employee shall be required to produce to the employer proof of jury service fees received and proof

of requirement to attend and attendance on jury service and shall give the employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.


(i) A weekly employee (including part-time employees) shall be entitled to a maximum of 2 days without

loss of pay on each occasion and on production of satisfactory evidence of the death in Australia of the employee's husband, wife, father, mother, brother, sister, child, step-child, parents-in-law, grandparents or grandparents-in-law. For the purpose of this sub-clause the words "wife" and "husband" shall include de facto wife or husband and the words "father" and "mother" shall include foster father or mother and stepfather or mother.

(ii) Provided further a weekly employee shall be entitled to a maximum of 2 days' leave without loss of pay

on each occasion, and on the production of satisfactory evidence, of the death outside of Australia of the employee's husband, wife, father, or mother and where such employee travels outside Australia to attend the funeral.

17. Family Leave

A. Use Of Sick Leave

(i) An employee with responsibilities in relation to a class of person set out in (iii)(b) below who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlements which accrues after the date of ratification of this Award for absences to provide care and support for such persons when they are ill.


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(ii) The employee shall, if required, establish by production of a medical certificate or statutory

declaration, the illness of the person concerned. (iii) The entitlement to use sick leave in accordance with this subclause is subject to:

(a) the employee being responsible for the care and support of the person concerned; and (b) the person concerned being:

(i) a spouse of the employee; or (ii) a de facto spouse, is a person of the opposite sex to the first mentioned person who

lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(iii) a child or an adult child (including an adopted child, a 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 factor spouse of the employee; or

(iv) a same sex partner who lives with the employee as the de facto partner of that

employee on a bona fide domestic basis; or (v) a relative of the employee who is a member of the same household.

(iv) "relative" means - a person related by blood, marriage or affinity; (v) "affinity" means - a relationship that one spouse because of marriage has to blood relatives of the

other; and (vi) "household" means - a family group living in the same domestic dwelling. (vii) 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 their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee with to give prior notice of absence, the employee at the first opportunity on the day of absence.

B. Unpaid Leave For Family Purposes

(i) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in A (iii)(b) above who is ill.

C. Annual Leave

(i) To give effect to this clause, but subject to the Annual Holidays Act 1994, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed by the parties.

(ii) Access to annual leave, as prescribed in paragraph A(iii)(b) above, shall be exclusive of any

shutdown period provided for elsewhere under this Award. (iii) An employee and employer may agree to defer payment of 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


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(i) 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.

(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) An employer 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 paragraph D (i) of this subclause where such time has not been taken within four weeks of accrual. Not withstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under D (i) above as an overtime payment or as time off work at the ordinary rate of pay.

E. Make-Up Time

(i) An employee may elect, with the consent of their 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.

F. Other Clauses Of This Award

(i) The family leave entitlements contained in this clause shall be read wholly in conjunction with the following clauses:

Clause 8 Overtime Clause 11 Annual Holidays Clause 14 Sick Leave

18. Rates of Pay

(i) All employees shall receive increases to their Award rates of pay as set out below. These increases

contemplate the changes that the company intends to implement to its operations during the life of this Award and the contributions that employees shall make to the implementation of those changes.

(a) 4% effective from the beginning of the first full pay period to commence on or after 1 February

2005. (b) 4% effective from the beginning of the first full pay period to commence on or after 1 February

2006. (ii) The minimum weekly rates of pay for full-time employees under this Award shall be as set out in Table

1 of Appendix 1 of Part B of this Award. (iii) Part-time employees.

Part-time employees shall be paid at the hourly rate of one thirty- eighth of the appropriate wage rate of this Award.

(iv) Casual employees.

The hourly rate of pay for casual employees shall be calculated by dividing the appropriate weekly rate of pay by 38 plus 15 per cent.

(v)

Rates of pay for Apprentices: Percentage of Bread Industry Employee Level 3 1st Year 54% 2nd Year 62%


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3rd Year 71% 4th Year 85%

19. Pre Existing Rates of Pay (i) Notwithstanding any other provision of this Award no employee to whom this Award applies shall,

while remaining in the employ of the employer by whom or which that employee was employed in the pay week preceding 3 January, 1990 be paid an amount per week by that employer which is less than the employee was paid by that employer under an award provision for the employee's ordinary weekly hours of work plus shift penalty (if any) for that pay week.

(ii) Provided that the amount per week specified in (i) above shall be increased as follows:

(a) Eight dollars ($8.00) effective as of 22 May 1995; (b) An amount equal to five per cent (5%) of the employee's ordinary time award weekly wage

(inclusive of all ordinary time penalties) effective as at 1 December 1995; (c) An amount equal to one per cent (1%) of the employee's ordinary time award weekly wage

(inclusive of all ordinary time penalties) effective as at 1 February 1997; (d) An amount equal to one per cent (1%) of the employee's ordinary time award weekly wage

(inclusive of all ordinary time penalties) effective as at 1 July 1997; (e) An amount equal to five and one half per cent (5.5%) of the employee's ordinary time award

weekly wage (inclusive of all ordinary time penalties) as at the date of ratification of the Quality Bakers Australia Limited 1997 Enterprise Award;

(f) An amount equal to five per cent (5%) of the employee's ordinary time award weekly wage

(inclusive of all ordinary time penalties) effective as at 1 December 1998. (g) An amount equal to three per cent (3%) of the employee’s ordinary time award weekly wage

(inclusive of all ordinary time penalties) effective as at 12 January 2000. (h) An amount equal to three per cent (3%) of the employee’s ordinary time award weekly wage

(inclusive of all ordinary time penalties) effective as at 30 June 2001. (i) An amount equal to two and one half per cent (2.5%) of the employee’s ordinary time award

weekly wage (inclusive of all ordinary time penalties) effective as at 1 February 2002. (j) An amount equal to three per cent (3%) of the employee’s ordinary time award weekly wage

(inclusive of all ordinary time penalties) effective as at 1 February 2003. (k) An amount equal to two and one half per cent (2.5%) of the employee’s ordinary time award

weekly wage (inclusive of all ordinary time penalties) effective as at 1 February 2004. (iii) Any increases in Clause 20(d) shall not be absorbed into any make-up pay for

Merchandisers/Demonstrators arising out of the industry Award made in June 1992.

20. Other Rates and Allowances The following allowances shall be paid: (a) A Leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of

more than four people, the achievement of their work task and on the job training, shall receive, in addition to the rate payable for his/her classification, an allowance as set out in Item 3 of Table 1 of Appendix 2 of Part B.


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(b) A leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of less than four people, the achievement of their work task and on the job training, shall receive in addition to the rate payable for his/her classification, an allowance as set out in Item 4 of Table 1 of Appendix 2 of Part B.

(c) An employee who is required to drive a vehicle as part of the conditions of employment shall be paid an

allowance for all purposes of this Award as set out in Item 5 of Table 1 of Appendix 2 of Part B. (d)

(i) An employee performing Merchandising/Demonstrating duties who works at a place away from the bakery and is required by the employer to use the employee's vehicle shall be paid a vehicle allowance consisting of a flat amount as set out in Item 6A of Table 1 of Appendix 2 of Part B of this Award and a variable amount for distance travelled up to 70 kms per shift worked averaged over the pay week as set out in Item 6B of Table 1 of Appendix 2 of Part B. This allowance will be adjusted at the end of each 12 months following the date of ratification of this Award, by the percentage movement during the twelve month period in the NRMA's total average costs on a 2.2 litre vehicle, new to five years covering 15, 000 kms per annum.

(ii) Where the Company changes the route of employees performing Merchandising/Demonstrating

duties in a way that increases the distance required to be travelled, relative to the distance that the employees travel at the time of the making of this Award or, for new employees, at the commencement of their employment, then the 70km limit specified in (i) above shall be removed. Where, however, the employees change their residential address in a way that increases the distance required to be travelled, relative to the distance that the employees travel at the time of the making of this Award or, for new employees, at the commencement of their employment, then the Company shall not be required to compensate the employees for any additional distance they are required to travel as a result of the change.

(e) An employee who has been trained to render first-aid and who is the current holder of appropriate first-

aid qualifications such as a certificate from the St. John Ambulance or similar body shall be paid an allowance as set out in Item 7 of Table 1 of Appendix 2 of Part B if appointed by the employer to perform first-aid duty.

(f) Where an employee is appointed to be in charge of firing a boiler and is appropriately certificated by the

Department of Industrial Relations, Employment, Training and Further Education, the employee shall be paid an allowance as set out in Item 8 of Table 1 of Appendix 2 of Part B.

(g) Any driver who is required to stay away from home because they have reached the legal maximum log

book driving limit shall be paid an allowance per occasion as set out in Item 13 of Table 1 of Appendix 2 of Part B.

(h) An employee who is qualified as a Trade Certified Baker (defined as an employee whose qualifications

are consistent with the definition of a qualified tradesperson, as per the NSW Apprenticeship and Traineeship Act 2001) will be paid an allowance of $10 per week.

21. Settlement of Disputes and Grievances

(i) Procedures relating to grievances of individual employees:

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

(b) A grievance must initially be dealt with as close to its source as possible, with gradual steps for

further discussions and resolutions at higher levels of authority. (c) Reasonable time limits must be allowed for discussions at each level of authority.


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(d) At the conclusion of the discussions, the employer 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) Whilst a procedure is being followed, normal work must continue. (f) The employee may be represented by an industrial organisation of employees. (g) Should the matter not be concluded or resolved it may be referred to the Industrial Relations

Commission. (ii) Procedures relating to disputes etcetera between employers and their employees:

(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with gradual 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) Whilst a procedure is being followed, normal work must continue. (d) The employer may be represented by an industrial organisation of employers and the employees

may be represented by an industrial organisation of employees for the purpose of each procedure.

(e) Prior to a matter being referred to the Industrial Relations Commission of New South Wales

under Clause 21 (ii) of the award, either the employer or the Union dissatisfied with the position adopted by the other party shall send a draft Section 130 of the Industrial Relations Act 1996 dispute notification to the other party by facsimile. It is the responsibility of the party sending the draft dispute notification to verify receipt of the facsimile with the Manager of the Bakery or the appropriate Executive Officer of the Union.

(f) The parties, including the Manager of the Bakery and the appropriate Executive Officer of the

Union, shall meet within twenty four (24) hours of the receipt of the draft dispute notification and attempt, through discussion, to resolve the matter in dispute.

(g) Should the matter not be concluded or resolved it may be referred to the Industrial Relations

Commission.

22. Delegates Recognition (i) Upon written notification by the Union, delegate(s) appointed by employees at each site shall be

allowed reasonable time during working hours to interview the Company or its representative on matters affecting employees whom they represent. Provided that the delegates(s)’ duties do not unduly interfere with their duties and responsibilities to the Company and the delegate has notified their manager prior to undertaking such duties.

(ii) Union delegates shall be granted access to reasonable facilities in carrying out their duties. This includes

but is not limited to the use of a telephone and facsimile machine. (iii) Union delegates will abide by the dispute resolution procedure set out in this agreement.

23. Sickness and Accident Insurance (i) Employees will be given a choice of funds between the fund nominated by the unions party to this

Award (provided they are union members) and an alternative fund nominated by the Company.


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(ii) The Company and the LHMU shall jointly review the insurance cover, on a quarterly basis, and resolve any issues that may arise at that time.

(iii) Both the Company and the LHMU reserve the right to cease the insurance cover, for any reason, twelve

(12) months after the implementation of the insurance cover or at every subsequent twelve (12) monthly interval. If this occurs, all employees shall receive an increase to their ordinary time award wage rate of one and one half percent (1.5%) at the time of the cessation of the insurance cover.

24. Occupational Superannuation

The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. Notwithstanding the above mentioned, the following minimum provisions shall apply: (i) The employer shall pay on behalf of each full-time adult employee with six months continuous service

3% of the employee’s ordinary rate of pay per week in a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

(ii) The employer shall pay on behalf of each part-time adult employee with six months continuous service

working more than twenty hours per week 3% of the employee's ordinary rate of pay into a fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

(iii) Where an employee is absent, on leave without pay, whether or not such leave is approved, no

contribution from the employer shall be due in respect of that employee, in respect of the period of unpaid absence.

(iv) The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last

day of such employee's employment with the employer. (v) An employer who at the date of the variation of this award is already contributing to a superannuation

fund meeting the requirements set down by the Commissioner for Occupational Superannuation, in accordance with the principles established in the State Wage Case of December, 1987 shall be exempt from this clause.

(vi) Where an employer has failed, pursuant to sub-clause (i) & (ii) of this clause to make application to

participate in the fund, the employer shall make application to participate in the fund and upon acceptance by the Trustees shall make an initial contribution to the fund, in respect of each employee, as if the employer had made application to participate in the fund and been accepted by the Trustees prior to 28 February 1992, after which the employer shall then continue to make payments as prescribed by this award. Other than for back-payment contributions, the employee shall not be entitled to:

(a) interest on contributions; and/or (b) death and disability cover,

until such time as the employer becomes a member of the fund; that is, the date of acceptance by the trustees.

(vii) Contributions made by the Employer in accordance with this clause, shall be made as follows:

(a) the employer shall offer each employee a choice between the Australian Retirement Fund (ARF) and the Goodman Fielder Superannuation Fund.

(b) the employee shall nominate the fund into which contributions shall be made.

25. Shortage of Money or Bread


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(i) An employee shall be supplied with a copy of the loading slip for each load taken during the day. (ii) Except in the case of dishonesty, an employee shall not be required to make good any shortage of

money or bread appearing on the face of the employees book or statement of delivery unless notified of such shortage of money or bread within 48 hours after the day on which the entry in the book or statement has been made and that employee has been given an opportunity of checking same. Saturdays, Sundays, and holidays are not to be reckoned in the said 48 hours.

(iii) Where the employee is notified of the shortage within the period prescribed by sub-clause (ii) of this

clause, the employer may, each week, until the whole shortage is satisfied, deduct an amount on account thereof from the wages due to the employee: provided that the employee is paid a gross sum not less than two-thirds of the pay prescribed for an employee by Clause 18, Rates of Pay, of this award; provided further that in the case of dishonesty or in the case of termination of services, the full amount of the wages due may be retained by the employer.

Deductions in respect of shortages notified in accordance with the provisions of this clause shall commence within 3 months of such notification and then continue each week until the shortage is repaid, otherwise the right to deduct shall be forfeited.

(iv) Employees shall be notified each week of the overs and shortages. Any overs are to be credited to the

employee and shall be available to meet subsequent shortages; provided that any credit at the end of any accounting quarter may be forfeited except that shortages and overs in the last two weeks of any quarter may be offset against overs or shortages in the first two weeks of the next quarter.

(v) For the purpose of this clause where more than one employee is regularly employed delivering on any

bread run from one vehicle or conveyance, each shall be supplied by the employer with a book in which the employee shall enter up, daily, the amount of bread that the employee delivers to each customer served by the employee and any cash received. This sub-clause shall not apply to an employee learning the run.

(vi) Unless an employee is furnished with a list of bread and bread rolls delivered to customers and cash

received on the employee's run by some other person the employee shall not be responsible for the booking thereof.

(vii) Provided that, if at any stage, a Full Bench of the NSW Industrial Relations Commission decides that any part of this Clause is contrary to the Act, the parties, by agreement, shall amend the Clause to give affect to the decision.

26. Redundancy A Application

(i) This clause shall apply in respect of full time and part time employees employed under the Classifications of this Award but shall not apply to employees engaged as Territory Sales Managers, or Managers in Distribution, Production or Breadroom.

(ii) 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 specific task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

B Introduction Of Change


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(i) Employer's Duty to Notify -

(a) Where the employer 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 employer 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 the employers 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 retraining 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 of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(ii) Employers Duty to Discuss Change -

(a) The Employer shall discuss with the employees affected and the union to which they

belong, inter alia, the introduction of the changes referred to in subclause B (i) above "Employers Duty To Notify" of this clause, the effects the changes are likely to have 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 the employer to make the changes referred to in B (i) of this clause. (c) For the purpose of such discussion, the employer 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 the employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

C Redundancy

(i) Discussions Before Terminations -

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

(b) The discussions shall take place as soon as is practicable after the employer has made a

definite decision which will invoke the provision of (a) above 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 of the employees concerned.

(c) For the purposes of the discussion the employer 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 workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

D Termination Of Employment


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(i) Notice For Changes In Production, Program, Organisation Or Structure -

The notice to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure" in accordance with subclause B (i) of this clause shall be 4 weeks, or 4 weeks pay in lieu of such notice. Provided that this period of notice shall be increased by one week if the employee is over 45 years of age and has completed two years continuous service with the employer.

(ii) Notice for Technological Change -

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause B (i) of this clause:

(a) In order to terminate the employment of an employee the employer shall give to the

employee 3 months notice of termination. (b) Payment in lieu of the notice above shall be made if the appropriate notice period is not


(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 other Act amending or replacing either of these Acts.

(iii) Time Off During The Notice Period -

(a) During the period of notice of termination given by the employer an employee shall be

allowed up to one day's time off without loss of pay during the week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(b) 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 the employer, 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 the employer 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 -

The employer 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) Notice to Commonwealth Employment Service -

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(vii) Department of Social Security Employment Separation Certificate-


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The employer 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.

(viii) Transfer to Lower Paid Duties -

Where an employee is transferred to lower paid duties for reasons set out in subparagraph subclause B (i) 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 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 for the number of weeks of notice still owing.

E Severance Pay

(i) Where an employee is to be terminated pursuant to subparagraph D of this clause, subject to further order of the Industrial Relations Commission, the employer shall pay a minimum of three (3) weeks severance pay in respect of each completed year of continuous service with no maximum limit. Further, employees shall receive pro-rata entitlements for part years.

However, if the scale below provides a greater benefit for the employee in such circumstances, then this scale shall be observed:

(a) If an employee is under 45 years of age, the employer 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 years 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 & Over Entitlement

Less than 1 year Nil 1 year and less than 2 years 5 weeks 2 years 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) "Weeks Pay" means the all purpose rate of pay 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) Alternative Employment -

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


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F Other Entitlements

In addition to the notice prescribed in subclause D above and the severance payments prescribed in E above, employees who are made redundant shall receive pro-rata Long Service Leave for the entire period of their continuous service.

G Selection Criteria For Redundancy

The employer shall select, in consultation with the Union, employees for redundancy based upon the operational requirements of the Enterprise including, but not limited to, criteria such as attendance, performance, length of service, skills, etc.

H Procedures Relating To Grievance

Grievances relating to individual employees will be dealt with in accordance with clause 21 "Settlement of Disputes and Grievances" of this Award.

27. Uniforms

(i) Supply of clothing: There shall be provided and maintained in good order and condition, for the use of

every person engaged in-the bakehouse in a manufacturing process, a sufficient supply of clothing consisting of -

(a) an overall, or a bib apron or short trousers;

(b) suitable head covering.

(ii) Provided that short trousers shall not be provided for the use of any person unless he/she agrees to wear

short trousers. All overalls, bib aprons and short trousers provided pursuant to this clause shall be of light coloured washable material and all head covering so provided shall be of light coloured washable or disposable material. Each such person shall be provided with clean clothing at least twice weekly.

(iii) An employer shall provide protective clothing to employees so as to ensure the health, safety and

welfare of such employees in accordance with the requirements of the Occupational Health and Safety Act. Except in cases of medical exemptions, employees shall wear and\or use all supplied safety clothing and equipment, including footwear, as directed by the employer.

(iv) The employer shall provide an employee handling cash with a money bag, if it is required by the

employee. (v) Employers shall provide a waterproof cape or coat to employees when they are required to work

outdoors during wet weather. (vi) Employees are responsible for the care and safekeeping of all issues and shall return each article to the

employer on request or on termination of their employment; in default, the employer may deduct from wages due an amount equal to its replacement value less reasonable depreciation, having regard to the condition of the item.

28. Occupational Health and Safety (i) An Occupational Health and Safety Committee will be established, and will develop health and safety

policies for the Company operations in accordance with the Occupational Health and Safety Act 2000 (NSW).


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(ii) The parties to this agreement are committed to achieving healthier and safer jobs through workplace changes aimed at improved efficiency and productivity. This will be accomplished by establishing a comprehensive approach to managing occupational health and safety issues which aims to:

(a) Control hazards at source; (b) Reduce the incidence and costs of occupational injury and illness; (c) Review work and management practices affecting the inter relationship between efficiency,

productivity, and health and safety; (d) Provide a rehabilitation system for workers affected by occupational injury or illness.

29. Consultative Committees

(i) A consultative committee consisting of an equal number of company representatives and LHMU

delegates, will be established to assist the company and the LHMU achieve the objectives of the agreement.

(ii) The committee will develop its own charter in relation to conduct of meetings, preparation of agendas,

distribution of minutes; timing of meetings; communication to the workforce and any other issues which might require resolution

(iii) As part of an on-going process for improvement in productivity and efficiency, consultation shall

continue to take place at the workplace level, through the primary mechanism of consultative committee, to provide more flexible working arrangements, improvements in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the change process and to encourage consultative mechanisms across the workplace for all employees. The terms of any arrangement will be as agreed between the company and the LHMU.

(iv) Notwithstanding the above, the committee will meet a minimum of 2 times per year.

30. Labour Hire Agreement The following shall govern conditions under which the company will engage a labour hire firm: 1. The parties to this Award acknowledge that, from time to time, the company supplements its labour

force by engaging the employees of labour hire firms. 2. The company’s preference is for its employees to carry out as much of the available work at its sites as

is practicable and cost efficient. 3. It is agreed between the parties to this Award that the engagement of employees of a labour hire firm by

the company is primarily required to fill short term vacancies that arise at the company's sites from time to time and when these vacancies cannot be filled by the company's existing labour force.

Where a permanent vacancy arises, the company may utilise a labour hire firm to recruit new employees. These employees shall remain employees of the labour hire firm for no longer than 500 hours. At the completion of 500 hours those same employees shall be employed by Quality Bakers Australia as casual employees for a period to be not longer than three months from such time that they commenced employment at Quality Bakers Australia. At the completion period the said employee shall be made a permanent employee.

4. Where a non-permanent, short-term vacancy arises then Quality Bakers Australia may engage the use of

a labour hire firm only where it is agreed that;

(i) existing employees of Quality Bakers Australia, either full-time or casual, are unable to perform the work to be done and;


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(ii) that all other avenues available have been exhausted by the company to cover the additional

work; and (iii) that the Quality Bakers Australia employees who have voluntarily elected to go on the overtime

list, have been asked to cover the vacancy (iv) the company will inform the LHMU delegate/s of the causes giving rise to the engagement of a

labour hire firm. (v) The employment of a labour hire firm will not continue for more than 500 hours; After this the

employee will become a QBA casual employee. 5. Where a long-term, non-permanent vacancy arises the Quality Bakers Australia will;

(i) offer the position to an existing Quality Bakers Australia casual or; (ii) where no existing casual seeks the position the company may offer the position firstly to an

existing labour hire employee or to a newly recruited labour hire firm employee. The said labour hire employee will only remain at Quality Bakers Australia as a labour hire firm employee for no longer than 500 hours, or for a period mutually agreed between the relevant Department Manager and the Site LHMU Delegate. Labour Hire employees shall only be engaged for periods in excess of 500 hours where such employee is relieving for absences caused by long service leave, extended annual leave or undefined periods of workers compensation or sick leave. In the event that the above categories do not meet particular circumstances, parties may mutually agree on other arrangements. Following the completion of 500 hours, or agreed period, the employee will become an employee of Quality Bakers Australia as a Fixed Term Employee pursuant to Clause 4(e) of this Agreement.

6. Where a company engages a labour hire firm the company’s contract with the labour hire firm will

include the following provisions:

(i) Casuals will be invited to be financial members of the LHMU as a pre-requisite to employment at Quality Bakers Australia.

(ii) Casuals will be paid according to the terms and conditions of this Agreement.

7. In accordance with the above, it is also accepted that where a vacancy arise either permanent or short-

term on shift work, the first opportunity to fulfil this vacancy will be given to existing permanent day shift employees of Quality Bakers Australia.

8 In the spirit of this clause, the company and LHMU site representative will establish a review

mechanism to monitor and examine the effectiveness of the above clause so as to ensure that the effectiveness or efficiency of the company operations does not adversely effect its operation.

31. Leave Reserved

Leave is reserved within the term of the agreement of apply to make variation in respect of Clause 30 Labour Hire Agreement where the application of the said clause give ground and reason to do so.

32. 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


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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


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."

PART B

APPENDIX 1

WAGE RATES

Table 1 Rates Of Pay

Classification Total Rate Per 38 Hourly Rate as at Total Rate Per 38 Hourly Rate as at


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hour week as at 1 February 2005 hour week as at 1 February 2006 1 February 2005 1 February 2006

Level 1 730.58 19.23 759.80 19.99 Level 2 668.94 17.60 695.70 18.31 Level 3 638.19 16.79 663.72 17.47 Level 4 592.29 15.59 615.98 16.21 Level 5 561.67 14.78 584.14 15.37 Level 6 529.29 13.93 550.46 14.49

APPENDIX 2

OTHER RATES AND ALLOWANCES

Table 1

Item No Clause No Brief Description 1 February 2005 1 February 2006

$ $ 1 4 (i)(f)(ii) Apprentice who gains pass at the Stage 1 Examination of Trade Correspondence 5.86 6.09

2 4 (i)(f)(iii) Apprentice who completes his/her full

course in bread manufacturing trade correspondence course 16.32 16.98

3 20(a) Leading operator in charge of more than 4 people 29.94 31.14

4 20(b) Leading operator in charge of less than 4 people 14.97 15.56

5 20(c) Employees required to drive a vehicle shall be paid an allowance in accordance with the Licence required as follows: Class C 3.59 3.73 Light Rigid (LR) 28.82 29.97 Medium Rigid (MR) 37.47 38.97 Heavy Rigid (HR) 47.53 49.43 Heavy Combination 68.69 71.44

6A 20(d) Merchandiser/Demonstrator Flat amount 12.24 12.73 Variable amount - See Clause 20(d) for future variations 21.8 c p/km

7 20(e) First-Aid Allowance - current holder of first-aid qualifications 13.40 13.93

8 20(f) Employee in charge of firing a boiler and certified by IRC 12.83 13.35

9 6 (iv) Meal Allowance - more than 2 hours overtime without being noticed 9.68 10.07

10 4 (i)(b)(viii)(d) Relief Merchandiser 16.76 17.44 11 4 (i)(b)(iii)(d) Short Shift Allowance

Shift Length of: 1 hour but less than 2 hours 3.56 3.70 2 hours but less than 3 hours 2.66 2.77 3 hours but less than 4 hours 1.76 1.83


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4 hours but less than 5 hours 0.90 0.94 12 8(ii) Short Overtime Shift Allowance

Shift Length of: 1 hour but less than 2 hours 5.69 5.92 2 hours but less than 3 hours 4.51 4.69 3 hours but less than 4 hours 3.00 3.12 4 hours but less than 5 hours 1.51 1.57

13 20(g) Driver - staying away from home allowance 27.01 28.01

14 20(h) Trade Certified Bakers allowance 10.00 10.40

APPENDIX 3

BAKERY CLASSIFICATIONS The parties are committed to establishing a timetable during the life of this Award to develop and implement competency standards as the basis for a new classification structure. The following classification structure shall apply until any new classification structure is implemented. Bread Industry Employee. Level 6 A Bread Industry Employee Level 6 undertakes for a period of up to three months induction training which may include instruction on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, food industry hygiene, equal employment opportunity and quality control/assurance. General Description An employee at this level performs routine and repetitive duties essentially of a manual nature and to the level of his/her training: 1. Performs general labouring and cleaning duties; including tidying of work area, stacking crates,

removing rubbish etc. 2. Exercises minimal judgement; 3. Works under direct supervision. 4. Maintains sanitation/hygiene of work area; 5. Demonstrates good housekeeping procedures; 6. Undertakes structured training so as to enable him/her to progress to higher levels. Bread Industry Employee. Level 5 A Bread Industry Employee Level 5 has completed structured training so as to enable the employee to perform work within the scope of this level. (i) General Description


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An employee at this level performs work above and beyond the skills of a Level 6 employee and to the level of his/her training:

1. Works under routine supervision or instruction, either individually or in a team environment; 2. Understands and undertakes basic quality control/assurance procedures including the ability to

recognise basic quality deviations/faults; 3. Reads instructions, records activities and utilises basic statistical control procedures.

Indicative of the tasks which an employee at this level may perform are the following: Repetition work on automatic, semi-automatic or single purpose machines or equipment; use of selected hand tools; keeping of simple records; use of hand trolleys and pallet trucks; assistance in the provision of on the job training; routine repetitive tasks; maintenance sanitation/hygiene of work area; and awareness of hygiene and importance of microbiological containment.

(ii) Production Strand

A Level 5 Production employee must be capable of the following: Performing general product handling, labouring and cleaning duties; performing the tin change operations; monitoring line operation at a work station for quality and consistency.

(iii) Breadroom Strand

A Level 5 Breadroom employee must be capable of the following: Operating a crate washer safely; maintaining sanitation of area; loading baskets; operating bagging machine; identifying correct bags; operating cliplocks; knowing correct product codes; monitoring quality - (both bread and packaging);


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following orders and production runs. (iv) Sales Strand

A Level 5 Sales employee must be capable of the following: Accuracy with figures; possessing and demonstrating good territory and product knowledge; punctuality, diligence and reliability; performing delivery of bulk loads; demonstrating good customer relations; providing customer feedback; communicating with consumers, supervisors and customer staff; recording and maintaining basic records and making simple written reports.

Bread Industry Employee. Level 4 A Bread Industry Employee Level 4 has a general knowledge of the employer's operations as it relates to production, breadroom or sales processes Such an employee shall be trained and capable of operating flexibly on more than one work station. (i) General Description

A Level 4 Employee performs work above and beyond the skills of an employee at Level 5 and to the level of his/her training:

1. Is responsible for the quality of his/her own work subject to routine supervision; 2. Works under routine supervision either individually or in a team environment; 3. Exercises discretion within his/her level of skills and training; 4. Is trained to operate machinery and equipment required in the performance of his/her work.

Indicative of the tasks which an employee at this level may perform arc the following:

Receiving, despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods arc ordinarily sold), delivering, documenting and recording of goods, materials and components; basic inventory control in the context of a production process; basic keyboard skills; boiler attendant; operation of mobile equipment including forklifts, overhead cranes and winch operation; ability to assess product quality and maintain basic statistical records; and assist in the provision of on the job training.


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(ii) Production Strand A Level 4 Production employee must be capable of the following: Understanding the dividing operation and operating machinery; operating affiliated machinery (dusters, founders, 1st proof); understanding the moulding process and be able to set and adjust.


A Level 4 Breadroom employee must be capable of the following: Understanding the slicing process and operating machinery; operating affiliated equipment (cliplocks, baggers); effectively operating as an order filler (lines person).

(iv) Sales (Distribution) Strand

A Level 4 Sales (Distribution) employee must be capable of the following: Maintaining good customer relations; achieving run sales targets; communicating with workers and supervisors; settling accounts; identifying sales opportunities; providing good customer service; general enthusiasm, energy, punctuality and personal hygiene; having good territorial and product knowledge; increasing store sales; providing customer feedback; possessing good people skills.

Bread Industry Employee. Level 3 A Bread Industry Employee Level 3 is an employee who holds an appropriate trades certificate, or an employee of equivalent standing, who has a sound knowledge of the employer's operations as it relates to production, breadroom or sales processes. Such an employee shall be trained and capable of operating flexibly on more than one work station under limited supervision. (i) General Description


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Indicative tasks performed at this level are:

1. Machine setting, loading and operation, on more than one machine; 2. basic quality checks on work of others; 3 lubrication of machinery and equipment; 4. assistance in provision of on job training; and 5 recognition and identification of quality faults, or machine operation faults, rejection of sub-

standard product. (ii) Production Strand

A Level 3 Production Employee must be capable of the following: Recognising and weighing ingredients; monitoring dough quality and adjusting accordingly; operating subsidiary equipment (e.g. broth tanks, seeder, conveyors, dough dividers etc.); operating computerised machinery; understanding the final proof process and operating machinery; understanding the baking process and operating machinery.


A Level 3 Breadroom Employee must be capable of the following: Responsibility for the make-up and assembly of orders; checking of loads; despatching deliveries; receiving and checking returns.

(iv) Sales Strand

A Level 3 Sales Employee must be capable of the following in addition to the skills of a Level 4 Sales Employee: Assisting with on-the-job training of new employees; possessing good territorial knowledge of sales area or group sales runs; relieving salesmen and vendors on short notice.

Bread Industry Employee. Level 2 A Bread Industry Employee Level 2 is required to exercise skills and knowledge above and beyond an employee at Level 3 and to the level of his/her training:


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Understand and apply quality control techniques; exercise good interpersonal communication skills; exercise keyboard skills; exercise discretion within the scope of this grade; perform work under limited supervision either individually or in a learn environment; perform work which, while primarily involving the skills of the employee's training, is incidental or peripheral to the primary task and facilitate the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training; be able to inspect products and/or materials for conformity with established operational standards; be able to evaluate, analyse and recommend changes to work station problems and procedures.

Within the production strand a Level 2 employee has a high understanding of baking technology and practice, including recipe interpretation and mixing processes, and is capable of operating flexibly throughout the production area, including dough-making. Bread Industry Employee. Level 1 A Bread Industry Employee Level 1, who may hold a Trade Certificate, may be responsible for task allocation, work scheduling within a plan, training staff, work performance assessment of staff and recommendations for engagement, termination or promotion of staff. Such an employee exercises skills, knowledge and discretion above and beyond a Level 2 employee, and to the level of his/her training:

Is able to set up, operate and adjust all machinery and equipment relevant to his/her work area; provides guidance and assistance as part of a work team; exercises discretion within the scope of this level; works under general supervision either individually or in a team environment; understands and implements quality control techniques.

(ii) Production Strand

Employees of this level must be of trade or equivalent qualifications; being responsible for an operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section (i.e. equal standard to each operator).


Being responsible for an operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section.

(iv) Sales Strand

Understand the sales operations, especially the achievement of sales targets through control of orders, product maintenance and good customer and vendor rapport;

develop new business opportunities;


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understand promotional operations; able to maintain account payments through debt collection; responsible for an operation sales section.

F. MARKS J.


PROJECT WARATAH CONSTRUCTION CONSENT AWARD 2005


Application by The Australian Industry Group New South Wales Branch, an industrial organisation and State Peak Council for Employers.

(No. IRC 1354 of 2005)

Before Commissioner Connor 5 April 2005


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AWARD

1. Arrangement


1. Arrangement 2. Objectives 3. Definitions 4. Application and Industry Awards 5. Duration 6. Industry Standards

6.1 Superannuation and Redundancy 6.2 Top Up/24 Hour Income Protection Insurance 6.3 Project Site Allowance 6.4 Transport Drivers

7. Environment, Health, Safety and Rehabilitation (EHS&R) 7.1 Induction 7.2 Environment, Health and Safety Plans 7.3 The Safety Committee 7.4 Safety Procedures 7.5 Formwork Safety 7.6 Temporary Power/Testing and Tagging 7.7 Crane Safety

8. Dispute Resolution 8.1 Employer Specific Disputes 8.2 Project Wide Disputes 8.3 Procedure for Settling Disputes over Safety

Issues 8.4 Demarcation Disputes 8.5 On Site Register 8.6 Procedures to prevent Disputes Regarding Non-

Compliance 9. Productivity Initiatives

9.1 Learning Initiatives 9.2 Inclement Weather 9.3 Rostered Days Off 9.4 Maximising Working Time 9.5 Ordinary Hours of Work

10. Immigration Compliance 11. Long Service Compliance 12. No Extra Claims 13. No Precedent 14. Single Bargaining Unit 15. Union Rights

15.1 Visiting Union Officials 15.2 Workplace Delegates 15.3 Union Membership

16. Australian Content 17. Protective Clothing 18. Workers Compensation and Insurance Cover 19. Apprentices 20. Training and Workplace Reform 21. Project Death Cover 22. Anti-Discrimination 23. Personal/Carers Leave


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23.1 Use of Sick Leave 23.2 Unpaid Leave for Family Purpose 23.3 Annual Leave for Personal/Carers Leave 23.4 Time-off in Lieu of Payment for Overtime 23.5 Make-up Time for Personal/Carers Leave 23.6 Rostered days off for Personal Carers Leave

24. Bereavement Leave 25. Project Close-Down Calendar 26. Leave Reserved

Annexure A - Parties

Annexure B - Immigration Compliance Annexure C - Map of Project

2. Objectives

2.1 The Parties agree to continue to develop and implement the following objectives in respect of the


2.1.1 Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;

2.1.2 Continued development of communication processes which facilitate participation by all

Employers, Employees and Unions together with the community 2.1.3 Introduction of new technology and associated change to enhance productivity; 2.1.4 Improved quality of work; 2.1.5 Provision of a career structure for all Employees based on skills, competencies and increased job

satisfaction. 2.1.6 Provision of high standards of occupational health & safety on the Project; 2.1.7 Improved impact of the Project on the environment; 2.1.8 Implementation of this Award, and compliance with all relevant statutory provisions; 2.1.9 Elimination of unproductive time;

2.1.10 Improved compliance by subcontractors with the provisions of applicable Industry

Awards and/or enterprise agreements and legislative requirements; 2.1.11 Improved wages and conditions for all employees working on the project; 2.1.12 Increased leisure time for employees by eliminating excessive hours of work; 2.1.13 Enhancing job opportunities for persons who have a legal right to work including persons

who wish to take on apprenticeships or traineeships; 2.1.14 Encourage all employers to have Enterprise Agreements with the relevant Union or

Unions; 2.1.15 Commitment of the Parties to avoiding industrial action on the Project; 2.1.16 Recognition that the Project stands alone and shall not be used as a precedent;

3. Definitions


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"Award" means Project Waratah Construction Consent Award 2005 made between the Parties. "Contractor" means any company, contractor or sub-contractor engaged to do on-site Project Work. "Company" means BlueScope Steel Limited or it’s successor "Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry. "Employee" means a person engaged by a Contractor and who performs work on the Project. "Employer" means any Contractor engaged to work on the Project. "Enterprise Agreement" means an agreement registered or certified under the Workplace Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW). "EHS&R" means Environment Health Safety and Rehabilitation. "Environment Health Safety and Rehabilitation Policy" means either of the plan or policy devised and implemented by the Project Manager for the Project (as amended from time to time). "Industry Award" shall mean the relevant awards of the Industrial Relations Commission of New South Wales or Australian Industrial Relations Commission. "Parties" means Bluescope Steel Limited, Employers and the unions referred to in Annexure A. "Practical Completion" means the completion of Project Work up to major contract package completion and pre-commissioning such that the facility or part of the facility is ready to accept input material. At this point the operations manager takes responsibility for the operation of the plant from the Project Manager. Items of plant, equipment or areas related to the Project and/or any of the systems utilised during the construction phase may be accepted by the Company upon completion at any time during the course of the construction project. Such items shall, subject to this clause be deemed to pre-commissioned for the purpose of this construction site Award with the result that the Company’s employees may at that time involve themselves with the use and operation of such equipment and facilities. It is the responsibility of the Project Manager to issue a statement of practical completion to the Contractor. Any items of work embraced by the above provisions of this clause shall be clearly identified by area or by other means (such as tags). Subsequent to such identification or such areas, equipment, systems, facilities, etc. will become the responsibility of the Company’s operations. "Project" means the construction works within the area or areas within the Project Waratah shown as the project site on the map in Schedule 3. "Project Manager" shall mean the BlueScope Steel appointed manager for the design and construction phases of the Project. "Project Work" means site construction work (as defined by the coverage of Industry Awards) carried out under construction packages managed by the Project Manager of the Project Waratah, NSW. The following activities are not considered Project Work under this Award. Commissioning activities by the Company and the Project Manager’s personnel. Any operational and maintenance related activities undertaken by the Company’s operating team. Any off-site work related activities. "Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act (NSW) 2000.


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"Unions" means each of the unions listed in Part 2 of Annexure A. "Works Package" shall mean the construction package covered by an individual contract managed by the Project Manager.

4. Application 4.1 This Award will apply to work done on the Project by the Employees for the period the Employer

engages the Employees to work on the Project. 4.2 Where the Company engages Contractors, it shall make it a condition of any contract that it enters into

with its Contractors that they will not employ or otherwise engage persons on wages and conditions, which are less favourable than those set out in this Award.

4.3 The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions

for work on this Project. 4.4 This Award is generally intended to supplement and to co-exist within the terms of existing Enterprise

Agreements and Industrial Awards and it’s primary purpose is to provide a framework for the Employers, Unions NSW and the Unions, to manage those issues on the Project which affect more than one Employer.

5. Duration

5.1 This Award shall operate from the first pay period commencing on or after 5 April 2005. 5.2 This Award shall continue to operate and bind all Parties for 36 months or until practical completion of

the Project or whichever occurs first.


6.1.1 Employer contributions shall be a minimum of $100.00 per week or in accordance with the Superannuation Guarantee Legislation, whichever is the greater. This amount will increase to a minimum of $110.00 per week from January 2006.

Employer contributions for Apprentices shall be a minimum of $50.00 per week or in accordance with the Superannuation Guarantee Legislation whichever is the greater. This amount will increase to a minimum of $55.00 per week from January 2006.

6.1.2 The Employers will make a contribution of $61.00 per week into ACIRT or MERT or other

schemes approved by the Parties. Employees agree to contribute $1.00 of their weekly ACIRT contribution to the Construction Industry Drug and Alcohol Foundation.

Employers will make a contribution of $40.00 per week for Apprentices into ACIRT or MERT or other schemes approved by the Parties.

6.2 Top Up/24 Hour Income Protection Insurance

6.2.1 Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the Uplus scheme or other similar schemes, which are approved by the Parties to this Award. It is acknowledged that current employer contributions are approximately $60 per month per employee for this Consent Award.

6.3 Project Productivity Allowance


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A project allowance of $2.00 shall be paid to employees for each hour worked on the project. As at January 1 2006, the project allowance will increase to $2.20 per hour worked on the project. This allowance shall be paid as a flat rate amount for each hour worked and shall not attract any premium or penalty. This Project Productivity Allowance is in recognition of all conditions on the project site and the work to be performed.

6.4 Transport Drivers

6.4.1 Employees - Rates of Pay

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to his/her Industry Award or Enterprise Agreement rate of remuneration, any applicable Project Site Allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the project.

6.4.2 Contract Carrier

The Parties agree that all contract carriers involved in the Transport Industry shall be paid the rates of pay applicable under the Transport Industry Excavated Materials Contract Determination for the cartage of materials to, on and from the site.

6.4.3 GST

Rates paid to Contractor’s carriers, including any applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value of the remuneration payable shall be paid to the carrier for contracts of carriage (the GST amount). The total fee payable to the contract carrier shall be the sum of the remuneration payable and the GST Amount.

7. Environment, Health, Safety and Rehabilitation (EHS&R)

7.1 Induction

7.1.1 Prior to the commencement of work on site, all project employees may be required to attend and undertake the following induction sessions:

Construction Industry Advisory Board (NSW) General Induction (Greencard). BlueScope Steel Project Waratah Site Induction (Compulsory unless accompanied at all times by an inducted person). Employees will have to demonstrate a clear understanding of the issues raised in the induction, prior to beginning actual work. For transport workers, the NSW Transport and Distribution Competency Based Training System Certification (Blue Card).

7.1.2 Officials of the signatory Parties may attend these sessions. 7.1.3 Inductions are primarily concerned with the safety of the individual employee and will

emphasise their responsibility to work in a manner that does not endanger either themselves or others. Other information the inductions will provide includes:

The scope, purpose and anticipated duration of the project. This Award and how it governs the contract of employment of each employee. Compliance with the requirements for legislative, employer, employee and environmental standards. The cooperative objectives of this Award.


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The specific dispute resolution procedures of this Award.


7.2.1 All Employers must submit an environment, health safety and rehabilitation management plan. These plans shall in general comply with the Project Managers Environmental and Safety Management Plans and shall include evidence of:

Risk assessment of their works. Hazard identification, prevention and control. Planning and re-planning for a safe working environment. Industry and trade specific induction of Employees. Monitoring performance and improvement of work methods. Reporting of all incidents/accidents. Compliance verification; and Regular EHS&R meetings, inspections and audits of the Project.


7.3.1 The Safety Committee will be properly constituted with an agreed constitution. All members of the safety committee will undertake agreed Occupational Health and Safety training with an approved provider.


7.4.1 The Parties acknowledge and agree that all Parties are committed to safe working procedures. 7.4.2 If the Project Manager or the Safety Committee is of the opinion that an Employee or Employer

has committed a serious breach of either the Environment Health and Safety Policy or the relevant safety management plan (or any other agreed safe working procedures), the Project Manager (or the Project Manager on recommendation from the Safety Committee) may implement disciplinary action against the Employer or Employee which may include taking all steps required to remove the Employer or Employee from the Project.

7.4.3 The Parties agree that pursuant to the Code of Practice, in the event that an unsafe condition


7.4.4 Safety issues disputes shall be resolved in accordance with the procedures outlined in Clause 8.3.

7.5 Formwork Safety

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency. Where an employee does not have a Certificate of Competency, Comet, WorkCover NSW or other agreed provider will be contacted to assess the qualifications of the relevant employee Furthermore, all Contractors engaged on site to perform work shall fully comply with AS 3610 Formwork for Concrete.



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In order to maintain the highest standards of safety in regard to the use of electricity during construction, it is agreed that the temporary installation is installed strictly in accordance with AS 3012 (1995). All work is to be carried out by suitably qualified tradespersons. Testing and tagging is to be carried out only by qualified electrical tradesperson.

7.7 Crane Safe

The Parties acknowledge that certification of mobile cranes to the NSW WorkCover Regulations and to Australian Standard AS 2550, is mandatory on this Project. Certification of mobile cranes by Cranesafe Australia (NSW) or another approved agreed Crane accreditor is appropriate. All mobile cranes engaged by a Contractor on Project Waratah will be required to be certified prior to the date of commencement of the crane on the project, be valid for the duration on the project site and display the certification sticker and registration certificate.


One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute. 8.1 Employer Specific Disputes

In the event of a dispute or conflict occurring specifically between an Employer and its Employee(s) or their representative Union, the following procedure will be adopted:

8.1.1 Discussion between those directly affected; 8.1.2 Discussion between site management representatives of the Employer and the Union delegate; 8.1.3 Discussion between site management representatives of the Employer and the Union organiser; 8.1.4 Discussion between senior management of the Employer, the Project Manager and the

appropriate Union official; 8.1.5 Discussion between the Secretary of the relevant Union (or nominee) and the Project Managers

senior management (or nominee); 8.1.6 If the dispute is not resolved after step 8.1.5, Parties to the Award may notify the dispute to the

Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW). BlueScope Steel may seek to intervene in these NSWIRC proceedings;

8.1.7 Work shall continue without interruption or dislocation whilst the above procedure is followed

concerning the dispute. 8.2 Project Wide Disputes


8.2.1 Discussion between those directly affected; 8.2.2 Discussion between site management representatives of the Contractor and the Union delegate; 8.2.3 Discussion between site management representatives of the Contractor and the Union organiser;


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8.2.4 Discussion between senior management of the Contractor and the appropriate Union official; 8.2.5 Discussion between the Secretary of the relevant Union (or nominee), the senior management of

the Contractor and Australian Industry Group; 8.2.6 If the dispute is not resolved after step 8.2.5, Parties to the Award may notify the dispute to the

Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW). BlueScope Steel may seek to intervene in these NSWIRC proceedings;

8.2.7 Work shall continue without interruption or dislocation whilst the above procedure is followed

concerning the dispute. 8.3 Procedure for Settling Disputes over Safety Issues

8.3.1 Where a safety problem exists, work shall cease only in the affected area. Work shall continue elsewhere unless access to safe working areas is unsafe. However, any problem of access shall be immediately rectified and Employees/workers will use any alternate safety access to such safe working areas while the usual access is being rectified.

8.3.2 Should a particular project be in dispute on the basis that the whole project is thought to be

unsafe, the following procedures shall apply:

Employees shall not leave the site but shall assemble at the nominated muster point. Immediate inspection of the project involving both Company and Employee representatives shall take place. The Project Manager will nominate the order of priority of the work areas to be inspected. The inspection shall identify the safety rectification work needed to take place in each work zone. As zones are agreed for rectification, all employees/workers who can be gainfully employed shall immediately commence rectification works. Upon verification that such rectification has been completed, productive work will resume. Such resumption of work shall take place progressively as each work area has been cleared. Should any dispute arise then the Project Manager may call a Work Cover Inspector to assist on the procedures required for rectification.

8.4 Demarcation Disputes

8.4.1 It is recognised by the Parties to this Award that because of the nature of this project (i.e. the mix of work, size of the total work area and location involved), there is a genuine need to have in place a mechanism capable of swiftly dealing with demarcation issues as they arise.

8.4.2 In the event that a dispute arises which cannot be resolved between the relevant Union, the

Unions agree to the following dispute settling procedures:

Work shall continue without disruption or dislocation during discussions and resolution of the dispute. Discussion between Unions NSW and the Unions to try to resolve the dispute.


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If the dispute is not resolved after this step, either Union may notify the dispute to the Industrial Relations Commission of New South Wales and request that the Commission resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW).

8.5 On Site Register

8.5.1 The Project Manager will require that all contracts with Contractors include the following terms and conditions:

That all Contractors shall have contracts in writing, and; That this Award shall form part of the conditions of such contracts, and bind all such Contractors and sub-contractors, and That sub-contractors will be required to meet, in addition to the requirements of this Award, all statutory, Industry Award and legal obligations for their employees.

8.5.2 The Project Manager shall instruct each Contractor to keep, on site a register containing

information of every employer and employee engaged on the site. Each Contractor shall supply a copy to the Project Manager.

8.5.3 The Register shall contain the following from Employees:

Name and address of Employee. Classification and Certificate details. Induction date. Start Date on Construction Site Union ticket number Superannuation scheme name and employee number Long Service Leave Number Uplus or equivalent Number Green Card Number Blue Card Number Emergency Contact

8.5.4 This information, certified as correct to their employer, will be supplied prior to the employee

commencing work on site. Contractors will pass the information to the Project Manager. 8.5.5 Failure to comply with this clause may result in employees being removed from the Project. 8.5.6 The Register shall contain the following information from employers:

Registered business name and address of employer and ABN number. Workers Compensation Policy Number, Underwriter and Currency Certificate. Rehabilitation Provider


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Public Liability Policy Number, Underwriter and Currency Certificate. Superannuation Fund Name and employer number. Long Service Leave employer number. Redundancy, Trust name and employer number. Uplus or equivalent Number.

8.5.7 This information, certified as correct and current, shall be provided to the Project Manager prior

to the commencement of work on site by an Employer/Contractor. 8.5.8 Failure to comply with this clause may result in employer being removed from the Project. 8.5.9 A copy of these Registers will be available on request to an accredited trade union officer or site

delegate.

8.5.10 The Union delegate or Union official shall advise the Project Manager if they believe some information on the Register is not correct.

8.5.11 Any dispute concerning non-compliance shall be resolved in accordance with the dispute

settling procedures of this Award. 8.5.12 In the event that it is established that a Contractor is making all-in-payments to employees

on the project then the Contractor shall be required to pay the all-in-payment rate of pay to those employees on the project and in addition shall be required to make all other payments to those employees as provided by this Award.

8.6 Procedures to Prevent Disputes Regarding Non Compliance

8.6.1 Where non-compliance by a Contractor is suspected, the Project Manager will provide the accredited project delegate(s) with evidence of compliance by the Contractor companies for superannuation, redundancy and extra insurance to ensure payments for employees have been made as required. The Project Manager will provide the Project Delegate(s) with evidence of compliance that the employer has not introduced arrangements such as and not limited to ‘all-in’ payment and or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other statutory obligations and sham subcontract arrangements. Where such practices are identified the Employer will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.

8.6.2 Each Contractor engaged on site will be specifically advised and monitored in respect of payroll

tax and required to comply with their lawful obligations. 8.6.3 In accordance with Section 127 of the Industrial Relations Act of NSW, Section 175(b) of the

Worker’s Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Action 1971 the Project Manager will obtain all applicable Contractor’s Statements regarding workers’ compensation, payroll tax and remuneration. A copy of these statements will be available on request to an accredited trade union officer or site delegate.

8.6.4 The Union delegate or Union official shall advise the Project Manager if they believe the

information which has been provided by the Contractor is not correct. 8.6.5 Any dispute concerning non-compliance shall be resolved in accordance with the dispute settling

procedures of this Award.

9. Productivity Initiatives


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9.1 Learning Initiatives

Each Employer shall be required to demonstrate to Project Waratah management implementation of commitment to skill enhancement and workplace reform while working on the Project.

9.2 Inclement Weather

9.2.1 The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.

9.2.2 Further the Parties are bound to adopt the following principles with regards to inclement weather


i) Adoption of a reasonable approach regarding what constitutes inclement weather. ii) Employees shall accept transfer to an area or site not affected by inclement weather if, in

the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employees skill, competence and training consistent with the relevant classification structures (provide that the Employer shall provide transport to such unaffected site or area where necessary).

iii) Where the initiatives described in (ii) above are not possible, the use of non-productive

time may be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project.

9.2.3 All Parties are committed to an early resumption of work following any cessation of work due to

inclement weather. 9.2.4 The Parties agree the practice of "one out, all out" will not occur.


9.3.1 Subject to Clause 25 a procedure for the implementation of Rostered Days Off (RDO’s) will be agreed on the Project. The purpose of which is to:

i) Increase the quality of working life for Employees ii) Enable the Employer to meet his contractual obligations; and iii) Increase the productivity of the Project.

9.3.2 A roster of RDO's will be prepared, following consultation with the workforce and Parties to this

Award.

9.3.3 Records of each Employee’s RDO accruals will be recorded on the employees pay slip and copies made available to the Employee, the Employee’s delegate or Union official upon request.


9.4.1 The Parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption of the comfort of employees having lunch with the amenities to be maintained in a clean and hygienic state at all times.


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9.5 Ordinary Hours of Work

Ordinary hours for day work may be worked at the discretion of the employer between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may commence from 5.00am by agreement between the Employer and Employee.



work opportunities for unemployed permanent residents and Australian citizens. Employers will be advised by Bluescope Steel Limited of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by a Contractor on the Project, the Project Manager will act decisively to ensure compliance.

10.2 Employers are required prior to employees commencing work on-site to check the legal right of

employees to work. The authorisation form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.


If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long Service Payments Corporation. All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.

12. No Extra Claims No claims for wages or conditions in excess of this Award during its period of operation will be made. No employee shall be entitled to seek conditions in addition to those provided by this Award on the basis that any other employee has received the benefit of provisions of an Enterprise Agreement that provides better benefits than this Award.

13. No Precedent The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim for flow-on of on-site wage rates and conditions.

14. Single Bargaining Unit This Award was negotiated by Unions NSW on behalf of the Unions and by BlueScope Steel in their own right and on behalf of Contractors to be engaged on the project.

15. Union Rights 15.1 Visiting Union Officials

15.1.1 The Parties to this Award acknowledge the right of employees to be active Union members and respect the right of the Union to organize and recruit employees. The Parties to this Award also acknowledge that good communication between the Union official, the delegate and its members is an important mechanism in assisting the Parties to resolve grievances and disputes in a timely fashion.

15.1.2 Accredited Union Officials will have access to the site in accordance with the relevant

State or Federal Legislation.


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15.1.3 Prior to entry to the Project Site all Union Officials exercising their right of entry will report to the Project Manager’s office. Union Officials will be subject to the Site Access Procedures which requires, amongst other things, that any person who has not completed the site induction cannot enter or move around the site unless accompanied at all times by someone who has been fully inducted.

15.2 Workplace Delegates

Definition In this clause the expression "delegate" means an employee who is the accredited representative of the Union at an employer’s work place, and if there is more than one delegate in respect of the workforce of that employer then the expression "delegate" means each and every such delegate so accredited by the Union in relation to that employer’s workforce.

15.2.1 Rights of the Delegate

i) The Parties acknowledge it is the sole right of the Union(s) and its members to

elect the delegate for each work site, who shall be recognised as the authorised representative of the Union(s) at the site.

ii) The delegate shall have the right to approach or be approached by any employee of

the Contractor to discuss industrial matters with that employee during normal working hours.

iii) The delegate shall have the right to communicate with members of the Union in

relation to industrial matters without impediment by the Contractor. Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an employer:

Moving a delegate to a workplace or work situation that prevents or significantly impedes communication with members. Changing a delegate’s shifts or rosters so that communication with workers is prevented or significantly impeded. Disrupting duly organised meetings.

iv) The delegate shall be entitled to represent members in relation to industrial matters

at the workplace, and without limiting the generality of that entitlement is entitled to be involved in representing members:

At all stages in the negotiation and implementation of enterprise agreements or Industry Awards or other industrial instruments. The introduction of new technology and other forms of workplace change. Career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of members. Ensuring that workers on site are paid their correct wages, allowances and other lawful entitlements. To check with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy has been paid on time.

v) In order to assist the delegate to effectively discharge his or her duties and

responsibilities, the delegate shall be afforded the following rights:


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The right to reasonable communication with other delegates, Union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work. Time off to attend meetings of delegates in the industry, as authorized by the relevant Union. Up to 10 days paid time off work to attend relevant Union training programs.

vi) The employer of a delegate shall provide to the delegate the following:

A lockable cabinet for the keeping of records. Access to a meeting room. Use of the telephone for legitimate union business.

vii) Time off shall be provided to a delegate where required to attend any Court or

Industrial Tribunal proceedings relating to industrial matters at the project. 15.3 Union Membership

Properly accredited officials and workplace representatives of the Union shall have the right to be provided with appropriate access to employees to promote the benefits of union membership. To assist in this process the Employer shall:

15.3.1 Supply all employees with a union application form at the same time as employees are

provided with their taxation declaration form. 15.3.2 Ensure that all supervisors are trained in the provisions of the Project Award and the

employer’s policy on union membership. 16. Australian Content

16.1 The Project Manager shall endeavour to maximise Australian content in materials and construction

equipment on the Project where practical and feasible.

17. Protective Clothing 17.1 Mandatory Equipment

The following listed items of clothing and PPE are mandatory whilst working on the project. All items will be provided by the employer

Safety footwear and safety helmets. High visibility clothing and safety glasses along with long trousers and long sleeve shirts. Failure by an employee to use/wear safety equipment and clothing may result in termination. These items must be worn at all times as instructed during the site induction process. Helmets must not be painted, drilled or modified in any way. Damaged and/ or worn footwear and helmets will be replaced on a fair wear and tear basis.


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Where possible all items listed above should be legally produced Australian made items. Employers will consult with Unions NSW to be provided with a list of Australian Manufacturers who do not use illegal or exploited labour in the manufacture of their work clothes.

17.2 Job - Related Equipment

The employer will supply the following protective equipment/materials for use on specific work tasks: Factor 30 protective sunscreen. Hearing protection. Gloves; Safety harnesses; Gumboots; Hat Brims; Dust Masks. Iced water. In addition, one (1) pair of UV-rated safety glasses which conform to AS 1337 will be provided to employees who are required to work on reflective surfaces outdoors. Glasses will be replaced on a fair wear and tear basis.

17.3 Clothing Issue

Protective clothing will be available to all employees upon commencement with the project. Wherever practical the clothing will be Australian made. The protective clothing will be: Two (2) shirts and two (2) pairs of trousers or; Two (2) shirts and two (2) pairs of bib and brace overalls. Plus one (1) warm water-resistant jacket that will be issued between 1 May and 1 September. Electricians will be issued with a wool jacket in lieu thereof. It is a condition of issue and of employment that the issued equipment shall be worn whilst on site. Replacement of issued equipment that is lost by the employee is the responsibility of the employee. Replacement of any articles shall be on a fair wear and tear basis provided the worn out item is produced for replacement. Employees who receive their issue of PPE (clothing and footwear) as part of their employer’s policy will not be entitled to additional issues under this Clause. In the event that protective clothing is not provided by the employer (Contractor, sub-contractor or supplier of supplementary labour) within 24 hours of commencement it will upon request, be provided by the Project Manager who will charge the employer 125% of cost.


18.1 Employers must ensure that all persons that they engage to work on the project are covered by workers

compensation insurance. 18.2 The Project Manager will audit Certificates of Currency from each Employer engaged on site to ensure

that the wages estimate and tariff declared for the type of work undertaken is correct. This information will be available to accredited Union officials on request.


workers compensation.


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18.4 All Employees will report injuries to the project first aid and their supervisor at the earliest possible time after the injury.

18.5 All Employees will comply with the requirements for making a workers compensation claim, including

the provision of a Workcover medical certificate, at the earliest possible time after the injury. This information will also be supplied to the project first aid officer, and their supervisor.

18.6 In cases where the Employee is unable to comply with the above, the relevant employer will assist in

fulfilling requirements for making a claim. 18.7 Employers must ensure that they are aware of and will abide the Worker place Injury Management and

Workers Compensation Act 1998, which provide that:

The Employer shall keep a register of injuries /site accident book in a readily accessible place on site. All Employees must enter in the register any injury received by the Employee. The Employer must be notified of all injuries on site immediately. The Employer must notify the insurer within 48 hours of a significant injury. An Employer who receives a claim for compensation, must within seven (7) days of receipt, forward the claim or documentation, to their insurer. An Employer who receives a request from their insurer for further specified information must within seven (7) days after receipt of the request, furnish the insurer with the information as is in the possession of the Employer or reasonably obtained by the Employer. An Employer who has received compensation money from an insurer shall forward such money to the person entitled to the compensation within three (3) working days.

18.8 Where there has been a serious incident and/or accident that has resulted in a serious injury or loss of

life the employer shall notify the relevant Union immediately. 18.9 An Employer shall notify the Project Manager immediately a Lost Time Injury (LTI) or if a Medical

Treatment Injury (MTI) occurs (this notification is expected to be within two (2) hours of the incident occurring).

19. Apprentices

As part of the commitment to industry training, a ratio of one apprentice/ trainee to every five tradespersons within each Employer’s overall workforce is to be maintained.

20. Training and Workplace Reform The Parties are committed to achieving improvements in productivity and innovation through cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

21. Project Death Cover Each Employer will guarantee the beneficiary of any employee who dies whilst directly working on the project will be paid a death benefit of $25,000. Such benefit shall be paid within fourteen days (14) of the production of appropriate documentation. This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the employee.



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22.1 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.

22.2 This includes discrimination on the ground of race, sex, martial status, disability, homosexuality,

transgender identity, responsibilities as a carer and age. 22.3 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 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.



22.5.1 Any conduct or act which is specifically exempted from anti-discrimination legislation; 22.5.2 Offering or providing junior rates of pay to persons under 21 years of age; 22.5.3 Any act or practice of a body established to propagate religion which is exempted under

section 56(d) of the Anti-Discrimination Act 1977; 22.5.4 A party to this Award from pursuing matters of unlawful discrimination in any State or

federal jurisdiction. 22.6 This clause does not create legal rights or obligations in addition to those imposed upon the Parties by


23. Personal/Carers Leave 23.1 Use of Sick Leave

23.1.1 An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in clause 23.1 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, 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.

23.1.2 The Employee shall, if required, establish either by production of a medical certificate or


23.1.3 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:

Of that person on a bona fide domestic basis although not legally married to that person; or


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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; A same sex partner who lives with the Employee as the de factor partner of that Employee on a bona fide domestic basis or; A relative of the Employee who is a member of the same household, where for the purposes of this paragraph:

"Relative" means a person related by blood, marriage or affinity; "Affinity" means a relationship that one spouse because of marriage has to blood relatives of the other and; "Household" means a family group living in the same domestic dwelling.

23.1.4 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 shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.


23.2.1 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 23.1.3(ii) above who is ill.

23.3 Annual Leave for Personal/Carers Leave

23.3.1 An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), 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.

23.3.2 Access to annual leave, as prescribed in paragraph 23.3.1 above, shall be exclusive of any

shutdown period provided for elsewhere under this Award. 23.3.3 An Employee and Employer may agree to defer payment of the annual leave loading in

respect of single day absences, until at least five consecutive annual leave days are taken. 23.4 Time-off in Lieu of Payment for Overtime

23.4.1 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 twelve (12) months of the said election.

23.4.2 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. 23.4.3 If, having elected to take time as leave in accordance with paragraph 23.4.1 above, the

leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.


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23.4.4 Where no election is made in accordance with Paragraph 23.4.1, the Employee shall be paid overtime rates in accordance with the award.

23.5 Make-up Time for Personal/Carers Leave

23.5.1 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.

23.5.2 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 a later time), at the shift work rate, which would have been applicable to the hours taken off.

23.6 Rostered Days Off for Personal/Carers Leave

23.6.1 An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.

23.6.2 An Employee may elect, with the consent of the Employer, to take rostered days off in

part day amounts. 23.6.3 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.

23.6.4 This subclause is subject to the Employer informing each Union which is both party to the



24.1 An employee, other than a casual employee, shall be entitled to up to two days bereavement leave

without deduction of pay on each occasion of the death in Australia of a person prescribed in subclause 24.3 of this clause. Where the death of a person as prescribed by the said subclause 24.3 occurs outside Australia the employee shall be entitled to two days bereavement leave where such employee travels outside Australia to attend the funeral.

24.2 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. 24.3 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 23.1.3, 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.

24.4 An employee shall not be entitled to bereavement leave under this clause during any period in respect of

which the employee has been granted other leave. 24.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 23.2, 23.3,

23.4, 23.5 and 23.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.



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25.1 For the purposes of this Award the Parties agree that the following calendar will be adopted for the Project. The calendar has been produced with a view to maximising quality leisure time off for all employees. Accordingly, the Parties agree that on certain weekends (as set out in the Calendar), no work shall be carried out.

However, where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDO’s as set out below, subject to the agreement of the appropriate Union secretary (or nominee). In such circumstances reasonable notice (where possible), shall be given to the Union (or Union delegate).

SITE CALENDAR 2005

Friday March 25 Good Friday Public Holiday Saturday March 26 Easter Saturday Public Holiday Monday March 28 Easter Monday Public Holiday Tuesday March 29 RDO Friday April 22 RDO Saturday April 23 Sunday April 24 Monday April 25 ANZAC Day Saturday June 11 Sunday June 12 Monday June 13 Queen’s Birthday Public Holiday Tuesday June 14 RDO Saturday October 1 Sunday October 2 Monday October 3 Labor Day Public Holiday Tuesday October 4 RDO Saturday December 3 Sunday December 4 Monday December 5 Union Picnic Day Tuesday December 6 RDO Thursday December 22 RDO Friday December 23 RDO Saturday December 24 Sunday December 25 Monday December 26 Christmas Day Public Holiday Tuesday December 27 Boxing Day Public Holiday

The Parties are agreed that the Project Calendars for the years 2006 and 2007 will be settled by the Parties close to and consistent to the dates provided for the year 2005.

26. Leave Reserved The Union Parties to this Award shall have the right to make application to have the following provision or a provision with similar intent inserted into the Project Award. "Notwithstanding paragraph 8.6.1 if an employer is paying his or her employees "all-in payments" then such payments shall be deemed to be the employees’ ordinary rate of pay for all purposes of this Project Award and other industrial instruments which apply to such employees for the duration of the project. In such circumstances, all employees of the employer working on the project shall obtain the benefit of the higher rate of pay plus the conditions of this Project Award."


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ANNEXURE A

Parties BlueScope Steel Limited Contractors engaged on the project. Unions NSW (The Labor Council) Construction Forestry Mining and Energy Union New South Wales Branch (CFMEU) Electrical Trades Union of Australia (NSW Branch) Transport Workers Union (TWU) Automotive Food Metals Engineering Printing & Kindred Industries Union (AMWU) Australian Workers Union (AWU) CEPU Plumbing Division (PGU)

ANNEXURE B

Authority to Obtain from DIMA Details of Immigration Status I (Family name) (Given name/s) Date of birth: Nationality: Visa number: Passport number : authorise the Department of Immigration and Multicultural Affairs (DIMA) to release by fax to (Name of Employer Representative) Details of my immigration status and entitlement to work legally in Australia. This information will only be made available to a representative of a principal contractor and authorised trade union officer on request. I also understand the above-named will only use this information for the purpose of establishing and verifying only my legal entitlement to work in Australia and for no other purpose. Signed: Dated:


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Name of Employer: Phone Fax:

Please send or fax this form to: The Department of Immigration and Multicultural Affairs Phone: 1800 040 070 Fax: 1800 505 550

ANNEXURE C Map of Project NOTE: Document could not be reproduced for publication in New South Wales Industrial Gazette - see file IRC 1354/2005).

P. J. CONNOR, Commissioner.

___________________ Printed by the authority of the Industrial Registrar. (1804) SERIAL C3743

JOHN HOLLAND PTY LTD WOOLWORTHS WYONG REGIONAL

DISTRIBUTION CENTRE PROJECT AWARD 2004


Application by John Holland Pty Ltd.

(No. IRC 1606 of 2005 )

Before The Honourable Mr Deputy President Harrison 7 April 2005

AWARD

Arrangement


1 Arrangement 2 Introduction 3 Objectives 4 Definition 5 Application 6 Duration 7 Industry Standards


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7.1 Superannuation and Redundancy 7.2 Top Up/24 Hour Income Protection Insurance 7.3 Productivity Allowance 7.4 Payment of the Productivity Allowance

8 Environment, Health, Safety and Rehabilitation (EHS&R) 8.1 Induction 8.2 Environment, Health and Safety Plans 8.3 The Safety Committee 8.4 Safety Procedures 8.5 OH&S Industry Induction 8.6 Formwork Safety 8.7 Temporary Power/Testing and Tagging 8.8 Crane Safety

9 Dispute resolution 9.1 Employer specific disputes 9.2 Project Wide Disputes 9.3 Demarcation Disputes 9.4 Procedures to prevent Disputes Regarding Non

Compliance 10 Project Monitoring Committee 11 Productivity Initiatives

11.1 Learning Initiatives 11.2 Inclement Weather 11.3 Rostered Days Off 11.4 Maximising Working Time 11.5 Hours of Work

12 Immigration Compliance 13 Long Service Compliance 14 No Extra Claims 15 No Precedent 16 Single Bargaining Unit 17 Union Rights

17.1 Visiting Union Officials 17.2 Workplace Delegates 17.3 Union Membership

18 Australian Content 19 Protective Clothing 20 Workers Compensation and Insurance Cover 21 Apprentices 22 Training and Workplace Reform 23 Project Death Cover 24 Anti-Discrimination 25 Personal/Carers Leave

25.1 Use of Sick Leave 25.2 Unpaid Leave for Family Purpose 25.3 Annual Leave 25.4 Time-off in Lieu of Payment for Overtime 25.5 Make-up Time 25.6 Rostered days off

26 Project Close-Down Calendar

Annexure A - Parties bound by this Award Annexure B - DIMA details for Immigration status

Annexure C - Target Program Milestones/Target Schedule Milestones

2. Introduction


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The Parties acknowledge that the building industry has special features, which may require the Parties to enter into agreements applicable to a particular project. It is recognised that this Award is not intended to extend the traditional coverage of the Union Parties nor is it intended to cover works not within the scope of works given to John Holland by their client.

3. Objectives 3.1. The Parties agree to continue to develop and implement the following objectives in respect of the


(a) Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;

(b) Continued development of more effective management practices; (c) Continued development of communication processes which facilitate participation by all

Employers, Employees and Unions; (d) Introduction of new technology and associated change to enhance productivity; (e) Improved quality of work; (f) Increased scope of sub-contract work packages to promote genuine skills enhancement and

acquisition by Employees; (g) Provision of a career structure for all Employees based on skills, competencies and increased job

satisfaction; (h) Provision of high standards of occupational health & safety on the Project; (i) Provision of high standards and compliance with environmental principles; (j) Implementation of this Award, and compliance with all relevant statutory provisions; (k) Elimination of unproductive time; (l) Improved compliance by subcontractors with the provisions of applicable awards and/or

enterprise agreements and legislative requirements; (m) Improved wages and conditions for all employees working on the project; (n) Increased leisure time for employees by eliminating excessive hours of work; (o) Enhancing job opportunities for persons who have a legal right to work including persons who

wish to take on apprenticeships or traineeships; (p) Commitment to positive project outcomes including completion within Budget and in accordance

with Target Programme Milestones and Target Scheduled Milestones; (q) Encourage all employers to have Enterprise Agreements with the relevant union or unions; and (r) Compliance with the NSW Government Construction Industry Code of Practice.

4. Definitions

"Award" means - this John Holland Pty Ltd Woolworths Wyong Regional Distribution Centre Project Award 2004 made between the Parties.


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"John Holland" means - John Holland Pty Ltd (ABN 11 004 282 268) Level 6, 235 Pyrmont Street, Pyrmont NSW 2000. "Code of Practice" means - the New South Wales Government Code of Practice for the Construction Industry. "Employee" means - a person engaged by an Employer and who performs work on the Project. "Enterprise Agreement" means - an agreement registered or certified under the Workplace Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW). "Employer" means - John Holland and/or any subcontractor/s and/or supplementary labour hire providers engaged to work on the Project. "EHS&R" means - Environment Health Safety and Rehabilitation. "Environment Health Safety and Rehabilitation Policy" means - either of the plan or policy devised and implemented by the Project Manager for the Project (as amended from time to time). "Monitoring Committee" means the committee established under clause 10 of this Award. "Parties," means - the Employers, and the Unions referred to in Annexure A. "Completion" means - the completion of the Project where the building is fit for occupancy and/or purpose. "Peak Council" means - Unions New South Wales. "Programme Milestones" means - the milestones listed in Part 1 of Annexure C as amended by the Monitoring Committee from time to time. "Project," means - the construction works contracted to John Holland under the Woolworths Wyong Regional Distribution Centre Contract. "Project Manager" means - the Project Manager (Delivery) for the Project appointed by John Holland from time to time. "Safety Committee" means - the site safety committee formed under the Occupational Health and Safety Act (NSW) 2000. "Scheduled Milestones" means - those targets described in Part 2 of Annexure C as amended under Clause 7.4 from time to time. "Unions" means - each of the Unions listed in Part 2 of Annexure A.

5. Application 5.1. This Award will apply to work done on the Project by the Employees for the period the Employer

engages the Employees to work on the Project. 5.2. Where John Holland engages sub-contractor/s, it shall make it a condition of any contract that it enters

into with its sub-contractor/s that they will not employ or otherwise engage persons, supplementary labour hire providers, on wages and conditions, which are less favourable than those set out in this Award.

5.3. The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions

for work on this Project for all subcontracts.


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5.4. This Award is generally intended to supplement and co-exist within the terms of existing Enterprise Agreements and awards and its primary purpose is to provide a framework for the Employers, the Peak Council and the Unions, to manage those issues on the Project that affect more than one Employer.

6. Duration

6.1. This Award shall operate on and from 13 September 2004 and remain in force until 31 December 2005

or Practical Completion, whichever occurs first.

7. Industry Standards 7.1. Superannuation and Redundancy

(a) The Parties acknowledge that a contribution of 9% of ordinary time earnings will be made to the superannuation fund nominated in the relevant industrial instruments being C+BUS; NESS; STA, TWU or other schemes approved by the Parties.

(i) The Employers will make the following minimum contributions into ACIRT or MERT or

other schemes approved by the parties:

On and from 13 September 2004, $55.00 per week;

and

On and from 12 January 2005, $60.00 per week. 7.2. Top Up/24 Hour Income Protection Insurance

Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the UPLUS scheme or other similar schemes, which are approved by the parties to this Award.

7.3. Project Productivity Allowance

(a)

(i) Subject to subclause 7(c), the Employer will pay a productivity allowance for persons engaged on the project of $1.75 per hour for each hour worked on the Project, in exchange for the productivity work practices detailed within this Agreement and the Scheduled Milestones and Programme Milestones listed in Annexure C.

(ii) The productivity allowance shall be paid at a flat rate and shall not attract any premium or

penalties. (iii) The Project Manager will determine whether the Schedule Milestones and Programmed

Milestones have been achieved. The Project Manager will advise the Employers and the Monitoring Committee accordingly.

7.4 Payment of the Productivity Allowance

(a) the parties agree that the productivity allowance is paid only if the Schedule Milestones and Programme Milestones are met.

(b) the parties agree to use their best endeavours to meet or exceed the Schedule and Programme

milestones.

The productivity allowance will be calculated and paid as follows; the Project Manager will review the progress of the Works monthly and will verify the achievement of the Scheduled and Programme Milestones;


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if the relevant milestones are achieved, the maximum payment will be $1.75 per hour for each hour of time worked on the project; payment will be made as a part of weekly wages; and payment will commence on and from 13 September 2004. In the event that a relevant Scheduled or Programme Milestone is not achieved, the Monitoring Committee shall meet with the Project Manager to determine:

(i) The reason why the milestone was not achieved; and (ii) The action required to achieve the next relevant milestone.

If a relevant milestone is not achieved for two consecutive months, the productivity allowance will cease being paid. However, if in the following period work catches up to the program and the relevant Programme Milestone is achieved, and the Scheduled Milestones are achieved, productivity allowance payments will recommence and shall include payments for the preceding period(s) not paid. The Monitoring Committee will be advised monthly or ‘as needed’, by the Project Manager on the status of the project as measured against the Target Schedule and Target Program Milestones.

(c) Transport Drivers Employees

(i) Rates of Pay

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, any applicable Project productivity allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the project.

(ii) Contract Carrier


(iii) GST

Rates paid to contractor's carriers, including any applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value of the remuneration payable shall be paid to the carrier for contracts of carriage (the GST amount). The total fee payable to the contract carrier shall be the sum of the remuneration payable and the GST amount

8. Environment, Health, Safety and Rehabilitation (EHS &R)

8.1. Induction

(a) All Employees must attend an agreed EHS&R site induction course on commencement of engagement on site.


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(b) All transport workers involved on the project shall undertake an appropriate Blue Card Induction

Program conducted by a licensed Blue Card Training Provider in conjunction with the employer and the Transport Workers’ Union.

8.2. Environment, Health and Safety Plans


(i) risk assessment of their works; (ii) hazard identification, prevention and control; (iii) planning and re-planning for a safe working environment; (iv) industry and trade specific induction of Employees; (v) monitoring performance and improvement of work methods; (vi) reporting of all incidents/accidents; (vii) compliance verification; and (viii) regular EHS&R meetings, inspections and audits of the Project.

8.3. The Safety Committee

The Safety Committee will be properly constituted with an agreed constitution. All members of the Safety Committee will undertake agreed Occupational Health and Safety training with Comet Training or other agreed providers.

8.4. Safety Procedures





8.5. OH & S Industry Induction

No person will be engaged on site unless he/she has completed the WorkCover NSW Accredited OH & S Industry Induction Course.

8.6. Formwork Safety


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All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency. Where an employee does not have a Certificate of Competency Comet Training or other agreed providers will be contacted to assess the qualifications of the relevant employee.


In order to maintain the highest standards of safety in regard to the use of electricity during construction, it is agreed that the temporary installation is installed strictly in accordance with AS 3012 (1995). All work is to be carried out by qualified electrical tradesperson. Testing and tagging is to be carried out only by a licensed Electrician.

8.8 Crane Safety

No mobile crane will be allowed on the project site unless it has been certified by Cranesafe Australia (New South Wales). Such cranes will be required to display their current Cranesafe inspection label.


One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute. 9.1. Employer Specific Disputes

In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, the following procedure will be adopted:

(a) Discussion between those directly affected; (b) Discussion between site management representatives of the Employer and the Union delegate; (c) Discussion between site management representatives of the Employer and the Union organiser. If

the dispute is not resolved within 48 hours it should proceed to Clause 9.1 (d); (d) Discussion between senior management of the Employer, John Holland and the appropriate

Union official; (e) Discussion between the Secretary of the relevant Union (or nominee) and the John Holland NSW

Operations Manager (or nominee); (f) If the dispute is not resolved after step (e), parties to the Award may notify the dispute to the

Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW);

(g) Work shall continue without interruption or dislocation during discussion and negotiations

concerning the dispute; (h) An objective of the Parties is to resolve disputes within seven (7) days.

9.2. Project Wide Disputes


(a) Discussion between those directly affected; (b) Discussion between site management representatives of John Holland and the Union delegate;


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(c) Discussion between site management representatives of John Holland and the Union organiser; (d) Discussion between senior management of John Holland and the appropriate Union official; (e) Discussion between the Secretary of the relevant Union and/or the Peak Council requested by a

Party where (or nominee/s) and John Holland NSW Operations Manager (or nominee); (f) If the dispute is not resolved after Step (e), parties to the Award may notify the dispute to the

Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW);

(g) An objective of the Parties is to resolve disputes within seven (7) days; (h) Work shall continue without interruption or dislocation during discussion and negotiations

concerning the dispute. 9.3. Demarcation Disputes


(a)

(i) Work shall continue without interruption or dislocation during discussion and resolution

of disputes. (ii) Discussion between the Peak Council and the Unions to try to resolve the dispute. (iii) If the dispute is not resolved after step (b), either Union may notify the dispute to the

Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW)


(a) The Code of Practice for the Construction Industry establishes clear principles and specifically addresses the standard of behaviour expected of parties involved in NSW Government funded projects. Section 7.1 of the Code of Practice states that arrangements or policies designed to avoid award and/or legislative obligations are not permitted. The Code further states that it is the responsibility of contractors, subcontractors and supplementary labour hire providers to ensure their employees are appropriately engaged, remunerated and there is compliance with the relevant tax law. Where an employer is found to be in breach of the Code, there shall be no reduction in rates of pay to employees and the provisions of this Project Award shall be applied to all employees of the employer.


payroll tax and required to comply with their lawful obligations. (c) In accordance with Section 127 of the Industrial Relations Act 1996, Section 175(b) of the

Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal contractor will obtain all applicable Sub-Contractors Statements regarding workers’ compensation, payroll tax and remuneration. A copy of these statements will be available on request to an accredited trade union officer or site delegate

(d) The union delegate or union official shall advise John Holland if they believe the information

that has been provided by the subcontractor is not correct.


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(e) Any dispute concerning non-compliance shall be resolved in accordance with this clause.

10. Project Monitoring Committee 10.1. The Parties may establish a committee to monitor the implementation of this Award. 10.2. This Monitoring Committee if established will meet at the commencement of construction and then at

monthly intervals or as required during construction on the Project. 10.3. The Monitoring Committee will consider ways in which the aims and objectives of this Award can be


(a)

(i) developing more flexible ways of working; (ii) enhancing occupational, health and safety; (iii) productivity plans, and (iv) compliance with award and other statutory requirements by employers.

10.4. If the principles of this Award are not being followed, the Committee will develop a plan in consultation

with the Parties, to implement the intent of the Award. 10.5. Where any industrial action has occurred outside the strict adherence of the dispute settling procedures,

the Monitoring Committee may withhold or suspend payment of The Project Productivity Allowance. If no agreement can be reached by the Monitoring Committee the matter may be referred back to the Commission for determination.

11. Productivity Initiatives

11.1. Learning Initiatives

Each Employer shall be required to demonstrate to John Holland implementation of commitment to skill enhancement and workplace reform while working on the Project.

11.2. Inclement Weather

(a)

(i) The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.

(b) Further, the Parties are bound to adopt the following principles with regard to inclement weather


(i) Adoption of a reasonable approach regarding what constitutes inclement weather; (ii) Employees shall accept transfer to an area or site not affected by inclement weather if, in

the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employee’s skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);

(iii) Where the initiatives described in (b) above are not possible, the use of non-productive

time may be used for activities such as relevant and meaningful skill development;


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production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;

(iv) All Parties are committed to an early resumption of work following any cessation of work

due to inclement weather; (v) The Parties agree the practice of "one out, all out" will not occur.

11.3. Rostered Days Off

(a) Subject to Clause 26, Project Close-Down Calendar, a procedure for the implementation of Rostered Days Off (RDO's) will be agreed on the Project. The purpose which is to:

(i) increase the quality of working life for Employees; and (ii) increase the productivity of the Project.

(b) A roster of RDO's will be prepared, following consultation with the workforce and parties to this

Award. (c) Records of each Employee’s RDO accruals will be recorded on the employees pay slip and

copies made available to the Employee, the Employee’s delegate or union official upon request of the employee. It is acknowledged that different arrangements in relation to the banking of RDO's may apply to members of the CEPU.

(d) Where practicable, Saturday work prior to the published industry RDO`s will not be worked.

11.4. Maximising Working Time

(a) The Parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption of the comfort of employees having lunch with the amenities to be maintained in a clean and hygienic state at all times.

11.5. Hours of Work

(a)

(i) Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union. This clause will not override existing arrangements within an individual enterprise.


12.1. The Parties are committed to compliance with Australian immigration laws so as to ensure maximum

work opportunities for unemployed permanent residents and Australian citizens. John Holland will advise Employers of the importance of immigration compliance. Where there is concern that an employer on the Project is engaging illegal immigrants, John Holland will act decisively to ensure compliance.

12.2. Employers are required prior to employees commencing work on-site to check the legal right of

employees to work. The authorization form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.



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13.1. If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long Service Payments Corporation. All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.

14. No Extra Claims

14.1. The Parties agree that they will not pursue extra claims in respect of matters covered by this Award

(including but not limited to any claim for a disability allowance) during the term of this Award.

15. No Precedent 15.1. The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim

for flow-on of on-site wage rates and conditions.

16. Single Bargaining Unit 16.1. This Award was negotiated by Unions New South Wales on behalf of the Unions and by John Holland

in its own right and on behalf of the Employers.

17. Union Rights The Parties to this Award acknowledge the right of employees to be active union members and respect the right of the union to organize and recruit employees. The Parties to this Award also acknowledge that good communication between the union officials, the delegate and its members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion. 17.1. Visiting Union Officials

(i) Where practicable, Union officials (party to this Award) when arriving onsite, shall call at the site office and introduce themselves to a Project Management representative of John Holland, prior to pursuing their union duties.

(ii) Union officials shall produce their right of entry permits, if required, and observe the relevant


(iii) Union officials with the appropriate credentials shall be entitled to inspect all such wage records,


(iv) All such wages books and other payment records shall be made available within 48 hours on site

or at another convenient, appropriate place, provided notice is given to the Employers and the Project Manager by the Union.

(v) Such inspections shall not take place unless there is a suspected breach of this Award, other

appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or other Employer Statutory requirements

17.2. Workplace Delegates

Definition

In this Award the expression "delegate" means an employee who is the accredited representative of the Union at an employer’s work place, and if there is more than one delegate in respect of the workforce of that employer then the expression "delegate" means each and every such delegate so accredited by the Union in relation to that employer’s workforce.


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(a)

(i) Rights of the Delegate (ii) The parties acknowledge it is the sole right of the Union and its members to elect the

delegate for each work site, who shall be recognised as the authorised representative of the Union at the site.

(iii) The delegate shall have the right to approach or be approached by any employee of the

employer to discuss industrial matters with that employee during normal working hours. (iv) The delegate shall have the right to communicate with members of the Union in relation

to industrial matters without impediment by the employer. Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an employer:

moving a delegate to a workplace or work situation which prevents or significantly impedes communication with members;

changing a delegate’s shifts or rosters so that communication with workers is prevented or significantly impeded;

disrupting duly organised meetings.

(v) The delegate shall be entitled to represent members in relation to industrial matters at the workplace, and without limiting the generality of that entitlement is entitled to be involved in representing members:

at all stages in the negotiation and implementation of enterprise agreements or awards or other industrial instruments; the introduction of new technology and other forms of workplace change; Career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of members Ensuring that workers on site are paid their correct wages, allowances and other lawful entitlements. To check with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy has been paid on time.

(vi) In order to assist the delegate to effectively discharge his or her duties and

responsibilities, the delegate shall be afforded the following rights:

the right to reasonable communication with other delegates, union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work; at least 10 days paid time off work to attend relevant Union training courses/forums; paid time off to attend meetings of delegates in the industry, as authorized by the relevant union.

(vii) The Employer of a delegate shall l provide delegates the following:

a lockable cabinet for the keeping of records;


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a lockable notice board for the placement of Union notices at the discretion of the delegates; where practicable, i.e. on large sites, a union office; where a union office room is not practicable, access to a meeting room; use of the telephone for legitimate union business; from existing resources, and when required access to:

a word-processor, typewriter, or secretarial support at the workplace; personal computer and e-mail access; a photocopier or facsimile machine.

(viii) There shall be no deduction to wages where the Union requires a delegate to attend any

Court or Industrial Tribunal proceedings relating to Industrial matters at the workplace. 17.3. Union Membership

Properly accredited officials and workplace representatives of the union shall have the right to be provided with appropriate access to employees to promote the benefits of union membership. Nothing in this clause shall be contrary to the law.

To assist in this process the Employer shall:

(a)

(i) If requested by the union and on the written authority of the employee provide payroll

deduction services for union fees. Such fees shall be remitted to the union on a monthly basis with enough information supplied to enable the union to carry out a reconciliation;

(ii) Provide the union with access to talk to new employees at induction training; (iii) Ensure that all supervisors are trained in the provisions of the Project Award and the

employer’s policy on union membership.

18. Australian Content 18.1. The Project Manager shall endeavour to maximise Australian content in materials and construction

equipment on the Project where practical and feasible.

19. Protective Clothing 19.1. Employers will provide their Employees engaged on site with legally produced Australian made

protective clothing and footwear on the following basis:

(a) Safety Footwear

Appropriate safety footwear shall be supplied on commencement if not already provided, to all persons engaged on site and will be replaced on a fair wear and tear provided they are produced to the Employer as evidence.


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(b) Clothing

Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year as a result of fair wear and tear and are produced to the Employer as evidence.

(c) Jackets

Each person, after accumulated employment on site of 152 hours shall be eligible to be issued with warm woollen bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

19.2. In circumstances where any Employee(s) of Employers are transferred to the project from another

Project where an issue of equivalent clothing was made, then such Employee shall not be entitled to an issue to this Project until the expiry of the calendar year or on a fair wear and tear basis.

19.3 Employees who receive from their Employer an issue and replacement of equivalent clothing and/or

safety footwear as part of the Employer’s policy or relevant industrial instrument shall not be entitled to the provisions of this clause.

19.4 Employers will consult with the Peak Council to be provided with a list of Australia Manufacturers who

do not use illegal or exploited labour in the manufacturing of their work clothes. 19.5 Employers of transport workers who regularly have transport workers on the project will supply

workers with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the commencement of work at the site. However the Employer does not need to supply the above if the said transport worker has been issued with the clothing within the previous twelve (12) months and the Employer can substantiate that fact.


20.1. Employers must ensure that all persons that they engage to work on the project are covered by workers

compensation insurance. 20.2. John Holland will obtain Workers Compensation Certificates of Currency from each Employer engaged

on site and a declaration (WorkCover’s Subcontractor Statement) from each Employer that they have paid the premiums in respect to that insurance. John Holland in conjunction with the site union delegate will review the wages estimate and tariff declared for the type of work undertaken is correct. This information will be available to authorised Union officials on request.

20.3. Employers and their Employees must comply with the following steps to ensure expedited payment of

workers compensation: (a) All Employees will report injuries to the project first aider and their supervisor at the earliest

possible time after the injury (b) All Employees will comply with the requirements for making a workers compensation claim,

including the provision of a WorkCover medical certificate, at the earliest possible time after the injury. This information will also be supplied to the project first aid officer, and their supervisor.

(c) In cases where the Employee is unable to comply with the above, the relevant employer will

assist in fulfilling requirements for making a claim. 20.4. Employers must ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury

Management and Workers Compensation Act 1998, which provide that:


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(a) The Employer shall keep a register of injuries /site accident book in a readily accessible place on site;







to the person entitled to the compensation within three (3) working days; 20.5. Where there has been a serious incident and/or accident which has resulted in a serious injury or loss of

life the employer shall notify the relevant union immediately 20.6. The Employer will also complete the relevant accident notification form and send it to WorkCover.

21. Apprentices 21.1. As part of the Project’s commitment to industry training, a ratio of one apprentice/ trainee to every four

tradespersons within each Employer’s workforce is to be maintained.

22. Training and Workplace Reform 22.1. The Parties are committed to achieving improvements in productivity and innovation through

cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

23. Project Death Cover

23.1. John Holland will guarantee the beneficiary of any employee who dies as a consequence of working on

the project will be paid a death benefit of $25,000. Such benefit shall be paid within fourteen (14) days of the production of appropriate documentation. This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the employee.


24.1. 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. 24.2. This includes discrimination on the ground of race, sex, martial status, disability, homosexuality,

transgender identity, responsibilities as a carer and age. 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 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.

24.3. 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. 24.4. Nothing in this clause is to be taken to affect:


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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. 24.5. This clause does not create legal rights or obligations in addition to those imposed upon the parties by


25. Personal/Carers Leave 25.1. Use of Sick Leave

(a) An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in clause 25.1 (c)(ii) 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, 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.





a spouse of the Employee; or 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 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

a same sex partner who lives with the Employee as the de factor partner of that Employee on a bona fide domestic basis; or a relative of the Employee who is a member of the same household, where for the purposes of this paragraph: "relative" means a person related by blood, marriage or affinity; "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other: and "household" means a family group living in the same domestic dwelling.


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(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 shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.

25.2. 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 25.1 (c)(ii) above who is ill.

25.3. Annual Leave




of single day absences, until at least five consecutive annual leave days are taken. 25.4. Time-off in Lieu of Payment for Overtime



that is an hour for each hour worked. (c) If, having elected to take time as leave in according with paragraph 25.4(a) above, the leave is



overtime rates in accordance with the award. 25.5. 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.


time" (under which the Employee takes time off ordinary hours and works those hours at a later time at a later time), at the shift work rate, which would have been applicable to the hours taken off.

25.6. Rostered days off


amounts.


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(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



26.1 For the purposes of this Award the Parties agree that the following Calendar will be adopted for the

Project. The calendar has been produced with a view to maximising quality leisure time off for all employees. Accordingly, the Parties agree that on certain weekends (as set out in the Calendar), no work shall be carried out.

Provided, however, where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDO’s as set out below, subject to the agreement of the appropriate union secretary or nominee. In such circumstances reasonable notice (where possible), shall be given to the union (or union delegate).

The provisions of this clause should be read in conjunction with the Annual Building and Construction Industry Rostered Days Off Calendar.

SITE CALENDAR 2004

Saturday January 24 Sunday January 25 Monday January 26 Australia Day Public Holiday Tuesday January 27 RDO Friday April 9 Good Friday Public Holiday Saturday April 10 Sunday April 11 Easter Sunday Monday April 12 Easter Monday Public Holiday Tuesday April 13 RDO Saturday April 25 Sunday April 26 Monday April 27 Anzac gazetted holiday Tuesday April 28 RDO Saturday June 12 Sunday June 13 Monday June 14 Queens Birthday Public Holiday Tuesday June 15 RDO Saturday October 2 Sunday October 3 Monday October 4 Labor Day Public Holiday Tuesday October 5 RDO Saturday December 4 Sunday December 5 Monday December 6 Union Picnic Day Tuesday December 7 RDO (if applicable)


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SITE CALENDAR 2005

Saturday January 1 New Year’s Day Sunday January 2 Monday January 3 New Year’s Day Public Holiday Wednesday January 26 Australia Day Public Holiday Thursday January 27 RDO Friday January 28 RDO Saturday January 29 Sunday January 30 Friday March 25 Good Friday Public Holiday Saturday March 26 Sunday March 27 Easter Sunday Monday March 28 Easter Monday Public Holiday Tuesday March 29 RDO Friday April 22 RDO Saturday April 23 Sunday April 24 Monday April 25 Anzac Day Public Holiday Saturday June 11 Sunday June 12 Monday June 13 Queen’s Birthday Public Holiday Tuesday June 14 RDO Saturday October 1 Sunday October 2 Monday October 3 Labour Day Public Holiday Tuesday October 4 RDO Saturday December 3 Sunday December 4 Monday December 5 Union Picnic Day Tuesday December 6 RDO

ANNEXURE A

Parties

PART 1 EMPLOYERS:

John Holland Pty Ltd

and any subcontractors engaged to work on the project.

PART 2 UNIONS:


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Unions New South Wales

Automotive Food Metals Engineering Printing & Kindred Industries Union

Construction Forestry Mining and Energy Union, New South Wales Branch

Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division;

Electrical Trades Union of Australia (NSW Branch)

Transport Workers Union

ANNEXURE B

Authority to obtain from DIMA details of immigration status I, (Family name) (Given name(s)) Date of birth: Nationality: Visa number: Passport number: authorise the Department of Immigration and Multicultural Affairs (DIMA) to release by fax to (Name of employer representative) details of my immigration status and entitlement to work legally in Australia.

This information will only be made available to a representative of a principal contractor and authorised trade union officer on request.

I also understand the above-named will only use this information for the purpose of establishing and verifying only my legal entitlement to work in Australia and for no other purpose. Signed: Dated: Name of employer: Phone: Fax:

Please send or fax this form to: The Department of Immigration and Multicultural Affairs Phone: 1800 040 070 Fax: 1800 505 550

ANNEXURE C

PART 1: TARGET PROGRAMME MILESTONES


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Milestone Target Date Completion of the Ambient Building and associated

1 contracted works to client "operational standards" 30 September 2005

2 Completion of Temperature Control Room 20 December 2005

NOTE: 1. The above "Target Programme Milestones" are provided to generally achieve or better the original

Contract Programme. It is acknowledged that the Monitoring Committee may adjust these milestones from time to time in order to reflect unavoidable project delays.

2. Payments shall be made progressively on a weekly basis if it is agreed by the Monitoring Committee

that the milestones for the project are being or have been met, in accordance with this Award. 3. If, at any time, the Monitoring committee cannot agree that the milestones are being or have been met,

then Productivity Incentive Payments may be suspended until the matter is resolved in accordance with this Award.

4. Unavoidable project delays shall include all extensions of time as approved by the Client under the Head Contract and delays caused to Target Programme Milestones as a result of works re-programming or re-scheduling by John Holland to meet contractual completion requirements.

PART 2

TARGET SCHEDULE MILESTONES

Milestone Objective (must be satisfied at each Target Programme Milestone)

1. Training All members of workforce actively participating in organised training. 2. Safety All members of the workforce actively working with the OH&S Committee, the Project Manager, and their employer to improve safety performance on the project. This includes the reduction of lost time injuries and full cooperation with John Holland Construction Group’s "Project Safety Management Plan" and "Traffic Management Plan" 3. Environment All members of the workforce working actively with union delegates, the Project Manager, and their employer to satisfy the requirements of the "Project Environmental Management Plan" 4. Quality All members of the workforce actively working with their employer and John Holland Construction Group to deliver the quality product required by the Client.

R. W. HARRISON D.P.



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(1018) SERIAL C3400

P & O COLD LOGISTICS LIMITED (NSW) ENTERPRISE AWARD 2003


Application by the Australasian Meat Industry Employees' Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 5217 of 2004)

Before The Honourable Justice Backman 25 October 2004 & 22 March 2005

AWARD

1. Arrangement

PART A


1. Arrangement 2. Title 3. Parties Bound 4. Savings 5. Supersession 6. Area, Incidence and Duration 7. Objectives 8. Operational Efficiency Commitment 9. Rates of Pay 10. Allowances 11. Classification Definitions 12. Contract of Employment 13. Termination 14. Payment of Wages 15. Hours of Work


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16. Change to Start/Finish Times 17. Lateness 18. Shift Work 19. Overtime 20. Meal Breaks and Clothing Change 21. Public Holidays 22. Sick Leave 23. Family Leave 24. Annual Leave 25. Annual Leave Loading 26. Bereavement Leave 27. Long Service Leave 28. Loading of Trucks 29. Transfers 30. Mixed Functions 31. Protective Clothing 32. Working in Cold Temperatures 33. Employees' Protection 34. Superannuation 35. Union Training 36. Numerically and Literacy Training 37. Notification of Change 38. Redundancy 39. Jury Service 40. Agency Casuals 41. Disputes Procedure 41A. Disciplinary Procedure 42. Workplace Delegates and Consultative Committee 43. Union Recognition and Membership 44. Right of Entry 45. Enterprise Arrangements 45A. Prospect Site Arrangement 46. Girraween North Warehouse Arrangement 47. Renegotiation of Award 48. Leave Reserved 49. No Extra Claims

2. Title

This award shall be titled the P & O Cold Logistics Limited (NSW) Enterprise Award 2003.

3. Parties Bound The parties to this award are P & O Cold Logistics Limited NSW (the Company) and The Australasian Meat Industry Employees' Union, New South Wales Branch (the union).

4. Savings 4.1 No employee, as at the date of the making of this award, shall have their classification rate of pay or any

allowances reduced by the making of this award. In addition, each employee shall enjoy the benefit of any increases in wages and conditions.

4.2 Any employee employed prior to 18 October 1995 shall not have the nature of their contract of

employment varied by the making of this award, unless by agreement. 4.3 Any employee employed prior to February 1999 shall not have their current span of hours of 6.00 a.m.

to 7.00 p.m. or 7.00 a.m. to 7.00 p.m., Monday to Friday, varied, unless by agreement. However, after


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consultation and seven days' notice, employees may be rostered to start at 5.00 a.m. during peak periods at Christmas and Easter, as defined in clause 15, Hours of Work.

4.4 No employee will be prejudiced or unfairly penalised in relation to possible future advancement

opportunities.

5. Supersession This award rescinds and replaces the P & O Cold Storage Limited (NSW) Enterprise Consolidated Award 2000 made by Commissioner Patterson on 17 October 2002, and published on 14 March 2003 (338 I.G. 739).

6. Area, Incidence and Duration This award shall cover all employees employed in the classifications set out in this award at the Company's sites at Girraween, Prospect, and Arndell Park NSW, or any other P&O site that the Company may open or operate within the state of NSW, whether they be members of the union or not. This award shall come into effect from 1 September 2003 and shall remain in force thereafter until 1 September 2005.

7. Objectives 7.1 The Company offers a value-added range of cold Logistic services throughout Australia. The Company

has as its aim to be the market leader by offering the highest value of service to its customers. 7.2 The people the Company employs will be result-oriented, flexible, willing to learn and self-confident.

They will have strong interpersonal and customer skills. 7.3 The Company will provide its employees with the training they need to be competent in their role and

development in order to undertake future roles. 7.4 To serve the Company's customers, employees will operate as part of a team, supporting each other and

working in a number of areas. The employees will be multi-skilled. 7.5 To foster a team culture, the Company shall endeavour to organise in such a way to offer permanent

employment rather than casual employment, where practical. 7.6 To foster and promote harmonious industrial relations, the Company and the union acknowledge and

agree that the intent of this award is to contribute to the achievement of all the above objectives and provide for positive union representation in the workplace that will contribute to the interests of employees and to the continued growth of the Company.

8. Operational Efficiency Commitment

8.1 The parties to this award endeavour to ensure that, as part of a service industry, the operations of the

Company shall operate as flexibly as possible in order to meet customer demand. 8.2 Employees within each grade and within their skills and capabilities are to perform a wider range of

duties, including work, which is incidental or peripheral to their main tasks or functions. 8.3 Subject to the agreement of the Company and the employees concerned, employees are to undertake

training for a wider range of duties and for access to higher employment classifications. 8.4 The parties will not create barriers to advancement and/or access to training, subject to the Company's

requirements. 8.5 In order to promote labour flexibility, the following employee duties shall apply to all employees

employed under the award, after proper training:


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(a) Employees shall perform such work as is reasonable and lawfully required of them by the

Company (provided that such duties are not designed to promote deskilling); including accepting instructions from authorised personnel such as manager, supervisor or team leader, or from nominated technical personnel.

(b) Employees shall comply with all reasonable requests to transfer or change jobs. (c) Employees shall accept responsibility for the quality, accuracy and completion of any job or task

assigned to the employee. (d) Employees shall keep in good working order any equipment or materials they are supplied with. (e) Employees shall not impose or continue to enforce existing demarcation barriers between the

work of employees, provided that it is agreed that the work lies within the scope and competence of the employee concerned.

(f) Employees shall not impose any limitations or continue to enforce any limitations on supervisors or technical personnel demonstrating the use of new equipment or machinery or in an emergency situation.

(g) Any direction issued by the Company pursuant to this clause shall be consistent with the

Company's responsibilities to provide a safe and healthy working environment. Employees shall be responsible for ensuring work practices and procedures established by the Company for health and safety and environment reasons are complied with, without exception and at all times.

(h) Employees shall not impose any restrictions or any limitations on the measurement and/or review

of work methods or standard work times. (i) Employees shall comply with relevant occupational health and safety procedures which apply

under the Occupational Health and Safety Act 1983.

9. Rates of Pay The minimum rates of pay for each classification shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

10. Allowances 10.1 A freezer allowance shall be paid as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part

B, Monetary Rates. NOTE: In lieu of payments prescribed by this clause, an employer and the union may agree to incorporate a cold temperature allowance in the weekly rate for employees, having regard to the time actually spent in freezer rooms.

10.2 The above clause refers to employees working at the Girraween, Prospect & Arndell Park Distribution

Centres only. Should P&O Cold Logistics operate a new Distribution Centre freezer allowances will be only be paid in the instance where employees are working freezing conditions not ambient or chiller conditions.

10.3 A laundry allowance shall be paid as set out in Item 2 of the said Table 2. 10.4 A battery change allowance, where applicable, shall be paid as set out in Item 3 of Table 2. 10.5 A travelling allowance shall be paid as set out in Item 4 of Table 2. 10.6 While an employee is engaged on work involving the use of technology, which is not normally

undertaken as part of the employee’s classification under Clause 11, the employee shall be paid a


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special technology allowance. Without limiting the generality of the foregoing, the "use of technology" includes the following:

the operation of computerised pallet control systems;

The technology allowance shall be paid as set out in Item 5 of Table 2 - Other Rates and Allowances.

11. Classification Definitions The following classification structure shall apply: A Cold Storage Person (CSP) 5 shall be a Team Leader. The Team Leader is responsible for the routine operation of a large section 11.1 section of the warehouse and shall undertake the following duties:

assist in induction and on-the-job training of new employees or employees recently employed in their section; supervise and provide job direction and give guidance to employees under his/her charge as required; Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements. liaise with management, suppliers and customers with respect to warehouse operations; ensure integrity of the customer's product by minimising stock loss and carton damage through quality control techniques and procedures; be responsible for the preparation and reconciliation of regular reports of stock and pallet movements, dispatches and manning; and shall exercise discretion within the scope of this grade. Employees at this level shall: be able to place correct port markings on export and containers (General warehouse); be able to mark and collate individual weights of cartons of meats; possess highly developed interpersonal and communication skills; Possess keyboard skills and a working knowledge of the AS400 system. A CSP 5 employee shall be capable of and may perform any duties of a CSP 1-4 as directed. The appointment of and the number of CSP 5 employees required at individual warehouses will be at the discretion of the Company.

11.2 A Cold Storage Person (CSP) 4 is a Multi Operator who is engaged in the checking of the customer's

product in and out of storage or containers and controlling the flow of freezer and chiller lines into sortation to ensure batch integrity. A Multi Operator shall undertake the following duties:

monitor temperature and packaging integrity of the customer's stock on receipt; Monitor pallet configuration and audit product description on receipt.


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Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements. Employees at this level shall have: Basic computer and numerical keyboard skills, including a basic understanding of scanner operation and error codes. A CSP 4 employee shall be capable of and may perform any duties of a CSP 1-3 as directed.

11.3 A Cold Storage Person (CSP) 3 is an employee who is principally engaged in forklift operation. Such an

employee shall be responsible for:

inloading procedures; outloading procedures; the sortation and control of empty pallet for de-hire; full pallet pick; ensuring the integrity of the customer's product by monitoring pallet stacking during movement; Attending to battery maintenance and recharging procedures and shall receive a battery allowance as set out in subclause 12.3 of clause 12, Contract of Employment. Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements. Employees at this level shall: have a current National OH & S Certificate of Competency for forklift operation; Receive all training necessary for radio frequency (RF) operation, including AS 400 knowledge and keyboard skills. A CSP 3 employee shall be capable of and may perform any duties of a CSP 1-2 as directed.

11.4 A Cold Storage Person 2 is a Picker performing the function of order picking by carton to conveyor or

pallet and who shall:

identify and pick product by description and location as specified on the label or pick sheet; minimise stock damage through correct picking techniques and correct any pick errors; assist with conveyor blockages; Remove entry pallets and attend to housekeeping around workstation. Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements. A CSP 2 employee shall be capable of and may perform any duties of a CSP 1 as directed.


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11.5 A Cold Storage Person 1 is a General Operator who shall:

be expected to observe all safety practices to undertake their duties in a safe and responsible manner; work in a team environment under supervision; be responsible for the quality of his/her own work subject to Team Leader's/Supervisor's direction; be required to operate manual, mechanical or electrical equipment for which no licence is required; stack or consolidate pallet loads in accordance with standard procedures and carton requirements; Clean up any produce spillages and general waste in the area and maintain housekeeping. Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements. Employees at this level shall: possess basic interpersonal communication skills; Have basic literacy and numerically skills to identify carton content and read pick labels.

11.6 Seniority - When considering an employee for promotion, the parties are committed to observing all

Anti-Discrimination, Equal Opportunity and Affirmative Action legal obligations. However, all things being equal between applicants, the Company will then give due consideration to an applicant's length of service with the Company.

11.7 If Seniority applies it is to be effective from the date of engagement as a permanent employee.

12. Contract of Employment 12.1 Employees shall be employed on either a full-time, part-time, fixed-term or casual basis. 12.2 A full-time employee is one employed for 38 hours per week. 12.3 A part-time employee is one employed for a minimum of 20 hours per week and less than 38 hours per

week. A part-time employee shall be paid per hour one thirty-eighth of the weekly rate and allowances for the grade in which the employee is engaged. Part- time employees shall be entitled to all annual leave, sick leave, public holidays, bereavement leave and RDOs on a proportionate basis.

12.4 A fixed-term employee is an employee engaged on a weekly basis for a specified period. A fixed-term

employee has the same benefits as a weekly employee for the duration of the employment period as specified.

12.5 A casual employee is one engaged and paid by the hour. Casual employees may be employed for not

less than four hours at each start, and shall be paid at the hourly rate of one thirty-eighth of the weekly wage for the grade in which the employee is engaged, plus a loading of 15 per cent on ordinary hours. A casual employee shall also receive a 1/12 loading on each ordinary hour worked, for annual leave.

12.6 A casual employee shall not be entitled to annual leave, sick leave, bereavement leave, paternal leave,

public holidays, and any such benefits that accrue to weekly employees (excluding long service leave), as the 15 per cent loading and the 1/12 annual leave loading paid to casual employees is in recompense.

12.7 All new full-time, part-time and casual employees (other than those expressly employed for a fixed-term

contract for a particular task or tasks) shall serve a probationary period of three months from the date of commencement of employment with the Company. During this period, both the Company and the employee are free to terminate the contract at any time, with an hour's notice.


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12.8 Either before the expiration of three months from the date of engagement, or after three months, the full

or part-time employee shall be offered employment on a weekly basis. Any full or part- time employee who successfully completes the probationary period will be deemed to have commenced employment, for the purpose of accrued entitlements, from the initial commencement, which may last no longer than three months.

13. Termination 13.1 Full-time and part-time employees shall, if their employment is terminated by the Company, receive the

following notice:

Period of Continuous Service Period of Notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks

13.2 In addition to the notice referred to above, employees over 45 years of age at the time of the giving of

the notice, with more than two years' continuous service, shall be entitled to an additional week's notice. Payment in lieu of notice shall be made if the appropriate notice is not given. A combination of notice and payment in lieu may be made.

13.3 Employees wishing to terminate the contract of employment are required to provide the same notice as

specified above. The Company shall have the right to deduct payment for any notice not given. 13.4 The Company shall have the right to dismiss an employee without notice for refusal of duty,

inefficiency, neglect of duty or misconduct and, in such cases, the wages shall be payable up to the time of dismissal only.

13.5 Where an employee is absent from work for 3 or more days or shifts without the consent of the

company or without notification to the company the employee shall be deemed to have terminated his/her employment without notice on the last day of duty. The Company shall attempt to contact the employee, by registered mail, to the last given address, to advise them of the Company’s position and where possible give the employee an opportunity to respond.

13.6 The Company shall have the right to deduct payment for any day or portion thereof during which the

employee is stood down as the result of refusal of duty, inefficiency, neglect of duty or misconduct on the part of the employee, or to deduct payment for any day during which the employee cannot be usefully employed because of any strike or through any breakdown of machinery or due to any cause for which the Company cannot reasonably be held responsible.

14. Payment of Wages The wages and allowances of all employees shall be paid weekly in arrears by EFT. The Company shall pay all initial transaction costs if any are incurred. Casuals shall be paid weekly. (1) Pay week ends at midnight Sunday. (2) Two clear working days are needed to calculate and input pay; transactions will be released by

Thursday midnight; public holidays are not working days for pay office.


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(3) Pay slips will be distributed by the end of shift on Thursday. (4) Payment made on third (pay office) working day.

15. Hours of Work 15.1 General - The ordinary number of hours per week shall be 38.

(a) The 38-hour week shall be worked on one of the following bases:

The ordinary hours may be worked in any of the following ways by agreement:

(1) Five equal days per week. (2) Nineteen equal days in 20. (3) Four equal days and one short day per week. (4) Four equal days per week. (5) Three equal days over five weeks and four equal days in the sixth week. (6) Any other agreed method of implementation, which may include an accrual system for a

rostered day off to a pattern determined by the employer, with up to five days of accrual. (7) All ordinary hours shall be worked in consecutive Days unless by agreement with the

employee such agreement to be in writing.

Such hours shall be worked in shifts of not less than four and no more than 12 consecutive hours. No employee shall be required to work more than eight ordinary hours, unless by agreement.

(b) The method or methods of operating not less than 7.6 hours per day may be any of the following,

to be implemented at the discretion of the Company in consultation with the employees/union:

(1) by employees working less than eight ordinary hours each day; or (2) by employees working less than eight ordinary hours on one or more days; or (3) by rostering employees off on various days of the week during a particular work cycle so

that each employee has one day off during that cycle, where the employee is rostered to work no more than eight ordinary hours on each shift or day; or

(4) by rostering employees off on various days of the week during a particular work cycle so

that each employee is rostered off on one or more days during that cycle.

Circumstances may arise where different methods of operating the 38-hour week apply to different groups or sections of employees within the business of an employer.


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(c) Where the method of implementation is organised in accordance with subparagraph (3) and (4) of paragraph (b) of this subclause, agreement may be reached between an employer and the employee concerned to accrue up to a maximum of eight rostered days off.

(d) By agreement with the employees/union concerned, payout of rostered days off (RDO's) may

occur with a minimum payout of five days and a maximum of 12 days, with payout to be at current rates. The Company may postpone the taking of an RDO (where that is the method of implementation) to another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation. The substituted day shall be agreed upon between the employer and the employees/union concerned.

15.2 Ordinary Hours for Full-time/Part-time Employees -

NOTE: Any employee rostered to work on Saturday or Sunday, as part of their ordinary hours shall be rostered one weekend off in four.

(a) The ordinary hours of work shall be 38 per week Monday to Sunday, which shall be worked in

no more than five consecutive days per week. (b) The daily span of hours shall be worked between 6.00 a.m. and 7.00 p.m.; (c) During peak periods, i.e. four weeks prior to and four weeks after Christmas and two weeks prior

to and two weeks after Easter, individual warehouses may start at 5.00 a.m. after consultation. (d) However, it is agreed that employees may, at times other than those times specified in paragraph

(c) of this subclause, agree to volunteer to commence work at 5.00 a.m. in lieu of 6.00 a.m. Any employee who volunteers to commence at 5.00 a.m. shall be paid at the ordinary time rate of pay. An employee's ceasing time shall be adjusted accordingly.

(e) Any employee volunteering to commence ordinary hours at 5.00 a.m. must do so in writing; no

employee shall be placed under any duress to commence at 5.00 a.m. Any employee volunteering to commence at 5.00 a.m. can withdraw by giving 7 days' notice.

(f) The Company shall endeavour to accommodate requests from employees, but the selection of

employees to start at 5.00 a.m. will be dependent upon an individual warehouse having a requirement for the particular employee and his/her classification of work.

(g) Staggered starts to be introduced. This is voluntary for existing employees. (h) 7 days’ notice required changing starting times. (i) If a greater classification role is on a later starting time, and that role is subsequently changed

back to an earlier starting time, the role at the earlier time has to be re-advertised, and all employees in the Distribution Centre would be able to apply. When reviewing applicants for this new role, the grade of the person completing the function prior to the change will not be given preference when assessing applicants.

(j) The employee on the later starting time will carry out the duties on which he/she is employed while on the later start.

(k) When an employee leaves P&O his position will remain as a position designated as starting on

that same shift. E.g. a position that starts at 6am is vacated the new role will be advertised as a 6am start, unless clients needs dictate this needs to be reviewed by Management and the Union.

(l) Where the warehouse or company needs change, the parties are committed to discussing the

necessary changes. If the employee fails to perform on the higher classification the employee can be demoted by using the warning system.


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15.3 Ordinary Hours for Casual Employees -

(a) The ordinary hours of work shall be 38 per week Monday to Sunday, which shall be worked in five days over seven days in any one week; however, such ordinary hours must be worked in no more than five days with a minimum of four hours at each start.

(b) Any work performed on the sixth and subsequent days will be paid at overtime rates of pay as

per clause 19, Overtime. (c) Any work performed on public holidays as outlined in clause 21, Public Holidays, shall be paid

at double time and one- half. (d) The spread of hours for casuals is the same as for full- time/part-time employees outlined in

subclause 15.2 of this clause. 15.4 Casual Employees -

(a) Casual employees shall be individually employed to work the hours required to meet the needs of individual warehouses within the terms of the spread of hours set out in subclause 15.2 of this clause.

(b) Payment of ordinary hours - For ordinary hours on Monday to Friday, casual employees shall be

paid at the appropriate classification rate, plus a loading of 15 per cent and 1/12 annual leave allowance (as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates). Such rate incorporates provision for annual leave; annual leave loading, sick leave, public holidays and bereavement leave.

(c) An employee who was employed after 18 October 1995 will be required to work the agreed

roster arrangements as set out in their contract of employment. (d) Casual employees rostered to work on Saturday as part of their ordinary hours shall be paid 150

per cent of the appropriate classification rate, plus 15 per cent casual loading and 1/12 annual leave allowance (as set out in the said Table 1).

Casual employees rostered to work on Sunday as part of their ordinary hours shall be paid 175 per cent of the appropriate classification rate, plus 15 per cent casual loading and 1/12 annual leave allowance (as set out in the said Table 1).

15.5 Rosters for Permanent Employees -

(a) An employee who was employed prior to 18 October 1995 may volunteer and be accepted to work the following rosters, subject to business requirements:

(i) Any four days in five as ordinary hours, i.e. a ten- hour day (including any RDO accrual),

providing this suits the particular operations of the warehouse as determined by senior management.

(ii) Any four days in seven as ordinary hours, i.e. a ten-hour day (including any RDO

accrual), providing this suits the particular needs of the warehouse as determined by senior management.

(iii) Any five days in seven as ordinary hours, i.e. an eight-hour day (including any RDO

accrual), providing this suits the particular needs of the warehouse as determined by senior management.

(1) Ordinary hours worked Monday to Friday shall be paid for at the ordinary rate of

pay (as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates).


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(2) Ordinary hours worked on Saturday shall be paid for at time and one-half (150 per cent) of the ordinary rate of pay (as set out in the said Table 1).

(3) Ordinary hours worked on Sunday shall be paid for at time and three-quarters (175

per cent) of the ordinary rate of pay (as set out in Table 1).

(b) Additional working hours available to weekly employees:

(i) After completing or being rostered to complete a normal weekly roster, a weekly employee may volunteer to work additional hours and the company shall give preference to such request where work is available and would otherwise be undertaken by a casual employee. Such additional hours will be paid for at the classification rate applicable to the work to be performed and in accordance with the arrangements applicable to rostered ordinary hours, as stated above. That is, Monday to Friday at ordinary rates of pay, Saturday at 150 per cent of the ordinary rate of pay and Sunday at 175 per cent of the ordinary rate of pay.

(ii) This provision is not to be used in any manner by the company to disadvantage any

employee, or to avoid the company’s obligation to pay overtime in accordance with the provisions prescribed in clause 19, Overtime.

(c) Casual Ratios - The Company shall control the normal use of casual labour to a level of 80 per

cent permanent employees to 20 per cent casuals per warehouse allowing for the productive gains to be achieved under the terms of this award. Additional casuals can be used for absenteeism.

The parties agree that the rate of pay for ordinary time worked on Saturday and Sunday for casual employees is on the understanding that strict adherence to the casual ratios, as prescribed above, is maintained.

15.6 Seven Day Rosters

(a) A seven-day roster system will be used throughout the state, wherever a seven-day operation is required.

(b) The roster does not include an RDO. (c) Over the 6 weeks there are 40.00 ordinary hours worked per week on average.

15.7 Definitions

(a) A seven day roster employee is one who is permanently employed and paid according to the terms and conditions of this clause, working a rotating shift cycle over six weeks with one full weekend off in the six weekends and two part weekends off.

(b) A shift length is nine hours, with the exception of Sunday shifts, which are six hours duration.

These are paid hours and do not include unpaid meal breaks. (Should shift lengths change in accordance with 15.8(b), Sunday shift hours will not exceed 8 hours worked).

(c) An "Existing" casual or permanent employee is one who was employed by P&O Cold Storage

before 23 February 1999. 15.8 Shift Starting Times and Length

(a) All seven-day rostered employees may be required to start at either 6.00am or voluntarily at 5.00am on ordinary time, depending on warehouse requirements.


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(b) With 6 weeks notice, individual employees may have the length of shifts and roster patterns varied to suite operational requirements.

15.9 Payment Under the Roster

(a) All rostered work is paid at ordinary time, with time and one half for Saturday and time and three quarters for Sunday.

(b) Although the number of hours worked and penalty rates earned vary from week to week, the

wages will be "averaged" so that employees receive the same pay each week.

This "averaged" rate is an all purpose rate which will apply to Annual Leave, Long service Leave, Sick Leave and any other paid Award, or statutory leave entitlements.

(c) In the event of roster changes, employees will still be paid an averaged rate, based on the average rostered hours per week.

(d) Hours under the seven-day roster will not exceed an average of 40 hours per week. (e) All work in excess of 38 hours per week has been calculated at over time rates and is reflected in

the rostered hourly rate. (f) On acceptance of this roster a $5.50 per week increase was paid to all permanent employees

ONLY from implementation of this roster, along with a guarantee to all existing permanents that they can only enter into this roster arrangement by individual agreement during the life of their employment.

(g) All freezer money is paid in the base rate. This applies to employees working at the current

Girraween, Prospect and Arndell Park sites only. If the new site requires the use of a freezer then the freezer allowance will be paid as part of the base rate of pay, to those employees working in the freezer.

(h) In the event that an employee from Girraween, Arndell Park or Prospect is required by

Management to transfer to a new site they will be permitted to maintain their freezer allowance as part of their base rate of pay. Any employee who volunteers to transfer to a new site without a freezer will not receive the freezer allowance.

(i) The rate of pay shall be in accordance with Table 3 - Rates of Pay, Seven Day Roster of Part B,

Monetary Rates. 15.10 Existing Casual Employees

(a) Existing casuals will get priority to apply for a permanent position on this roster. (b) Casuals appointed to this roster will have no right to revert to Monday - Friday work.

15.11 Trial of the Roster

(a) Existing permanents may also volunteer to trial this roster for a full roster cycle of either 6 or 12 weeks (On trial the full roster must be completed).

(b) After the trial, permanents must elect which roster they will remain on. Repeated trials are not

permitted. 15.12 Work on Non-Rostered Days

This clause is to be read in conjunction with Appendix A - Overtime Guidelines.


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(a) Rostered permanent's can nominate their availability to work overtime ahead of casual employees for their non-rostered days. This is to cover for Planned Leave only i.e. RDO’S and Annual Leave Any employee wishing to work non-rostered days must complete the full shift if required.

(b) Permanent employees who agree to work on non-rostered days, but fail to turn up, without

reasonable course, shall be disciplined in accordance with clause 41A. (c) For work on non-rostered days, rostered permanents will be paid time and one half for the full

shift and double time for any hours worked after completion of the shift, Monday to Friday. (d) Existing weekend overtime rates will apply for all work on non-rostered Saturdays and Sundays. (e) Casuals may be called in at the start of a shift for unknown absenteeism.

15.13 Early Morning Shift

(a) This arrangement applies to employees at any warehouse. (b) Employees rostered to start at 3.00am will be pickers and auxiliary staff as required for the

operations. (c) The current permanent pickers and auxiliary staff will be given the first option to volunteer for

the shift beginning at 3.00am. (d) Once an employee has volunteered for the morning shift, that employee will remain on that shift.

Any changes to the start or finish times will be as per clause 16. (e) The new morning shift will not affect the current starting times of the current permanent

employees. (f) Casuals may be employed on the morning shift only after the permanents have been offered the

option to volunteer, and there is an unfilled operational requirement for additional staff.

A morning shift allowance of 13% for the shift shall be paid for the purpose of the award. For work after the end of the shift overtime payments will be paid at the rate of double time for Monday through Friday.

16. Change to Start/Finish Times

Individual employees may be required by the Company to vary their start/finish time subject to 48 hours' notice. At peak periods as specified in paragraph (c) of subclause 15.2 of clause 15, Hours of Work, a warehouse may be required to vary its start time for particular periods by giving seven days' notice. Full consultation with employees will occur and maximum notice given where possible. This may be varied by agreement between individual employees and the warehouse supervisor.

17. Lateness Where an employee is late for work the employer shall have the option of sending the employee home without pay by taking into account such factors as: (a) reason for lateness; (b) Whether the employer has hired a replacement casual employee.

18. Shift Work (a) Definitions -


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"Afternoon shift" means any shift finishing after 7.00 p.m. and at or before midnight, Monday to Sunday. "Night shift" means any shift which finishes after midnight and at or before 6.00 a.m., Monday to Sunday.

(b) Shift Allowances -

Afternoon shift - 20 per cent. Night shift - 30 per cent. Shift allowances are to be paid in addition to the Saturday and Sunday ordinary loading rates as prescribed by this award, when worked as part of ordinary hours.

(c) A paid meal break of 20 minutes shall be allowed during any afternoon or night shift, which shall be

considered the employee's meal break. (d) Any overtime worked on an afternoon or night shift shall be paid at the rate of double time but shall not

be cumulative with shift penalties.

19. Overtime This clause is to be read in conjunction with Appendix A - Overtime Guidelines. 19.1 Overtime at the rate of time and one-half for the first two hours and double time thereafter shall be paid

to all employees in the following circumstances:

(a) where the daily hours exceed the prescribed ordinary hours for the day; (b) where the hours exceed the prescribed ordinary hours for the week; (c) Before or after the agreed starting and finishing times.

19.2 Overtime worked on Saturday shall be paid at time and one-half for the first two hours and double time

thereafter. 19.3 Overtime worked on Sunday shall be paid for at double time. 19.4 An employee called upon to work overtime on a Saturday, a Sunday or a public holiday shall be paid a

minimum payment of four hours. 19.5 Overtime worked prior to 6.00a.m. will be paid at time and a half, except during the nominated

Christmas and Easter peak periods and where employees volunteer to commence at 5.00 a.m. at ordinary time in accordance with paragraph (d) of subclause 15.2 of clause 15, Hours of Work.

Existing employees (i.e. employees who commenced prior to 18 October 1995) authorised to do start-up prior to 6.00 a.m. shall be paid double time.

19.6 Time Off in Lieu - By agreement between the parties, time off in lieu of overtime may be taken for

reasons other than family leave provisions, provided that:

(a) any such agreement is in writing; (b) the time off shall be calculated at the overtime equivalent;


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(c) The time off must be at a mutually agreed date not later than one month from the working of the overtime.

19.7 Need for Overtime - The Company may require employees to work a reasonable amount of overtime to

suit the needs of the business. However, the Company shall endeavour to accommodate any individual family commitment and personal circumstances.

19.8 The following shall be the procedure for allocating Overtime.

(a) An employee who wishes to work overtime created by `planned leave' should notify his/her supervisor of the day(s) on which he/she is available for overtime (the overtime list) prior to 12pm the day before. Payment for such will be at normal overtime rates.

(b) 'Planned Leave' requirements are known the day before. The supervisor will allocate people from

the overtime list. (c) An employee who is not on the overtime list will not be called in for any overtime, however, a

Supervisor may call in an afternoon shift employee to work before his shift as long as: (d) Time worked before a shift starts shall be a maximum of 4 hours; and

(1) The employee works for the whole time in the job, which he/she commenced on overtime

until his/her rostered shift commences/or the workload is completed.

(e) Once the supervisor has been through the above procedure he/she will fill remaining vacancies in the most efficient way. Such vacancies must be covered by an employee covered by this agreement.

(f) Employees who agree to work a full shift of overtime but do not turn up for 2 weekends out of 4

shall not be eligible to work overtime for the next weekend. (g) In accordance with the Annual Holidays Act, employees will receive a clear break. An employee

will not be eligible to work on weekends or days off during the period of annual leave. Employees are permitted to work up until their annual leave commences. The next time the employee is permitted to work is their first normal working day, after the completion of their Annual leave.

19.9 Meal Breaks on Overtime - Employees shall be entitled to a 20- minute paid meal break after working

one and a half hours past their normal rostered finishing time. Untaken meal breaks shall be paid in addition to the hours worked, at double time (200 per cent) of the classification rate.

19.10 Maximum Hours and Preference -

(a) No employee will be required to work more than 12 hours in any one-day. (b) Employees will be required to absent themselves for eight hours between shifts. (c) Permanent employees will be given preference to work overtime to cover for planned leave

before casuals are brought in. This applies to the current Girraween, Prospect and Arndell Park sites only.

20. Meal Breaks and Clothing Change

20.1 Two meal breaks of 20 minutes each shall be provided during a normal working day or shift. Each

employee shall remain at their workstation until the start of their rostered meal break and present themselves back at their workstation 20 minutes later.


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20.2 The first meal break of 20 minutes shall be taken subject to work requirements. The second meal break of 20 minutes shall be taken no later than five hours after commencement of work. (The second meal break only shall be paid.)

20.3 The Company may implement measures:

(a) to require the alteration of a scheduled meal break for one or more employees if the Company considers such alteration is necessary in order to meet a requirement for continuity of operations;

(b) to stagger the taking of meal and rest breaks in order to meet operational requirements.

20.4 Employees shall work not more than five hours without a break. 20.5 Any employee rostered to work a nine and a half-hour day or more shall be entitled to an extra paid

meal break of 20 minutes. 20.6 All employees shall present themselves at their workstation dressed and ready to start at their rostered

start time. Change of clothing at the end of the day shall occur after the rostered finish time. All employees shall remain at their workstation until their rostered finish time.

21. Public Holidays

21.1 The following days shall be recognised as holidays in the industry: New Year's Day, Australia Day,

Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day and all proclaimed public holidays for the State and the annual picnic day of The Australasian Meat Industry Employees' Union, New South Wales Branch, which shall be the first Monday in November of each year, unless the Company is notified by the union of an alternative day, of which day one month's notice shall be given by the union to the Company.

21.2 Where an employee's roster does not include a public holiday when it occurs as a normal working day,

the employee shall be entitled to payment for that day at the classification rate. 21.3 All weekly and part-time employees shall be paid for the holidays specified in this clause, provided that

such employees do not absent themselves from work on the working day preceding or the working day succeeding such holiday and have not ceased work without permission before the normal time of ceasing work on either or both of these days.

21.4 When such holidays fall on consecutive days an employee who works either the working day preceding

or the working day succeeding such holiday, but not on both, shall be entitled to payment for such holiday closest to the said day on which the employee works, provided that the employee has not ceased work without permission on such said day.

21.5 All time worked on a public holiday shall be paid for at double time and one-half of the classification

rate, or at time and one- half with an entitlement of equivalent paid leave at single time, which may be taken with annual leave (without leave loading), or as mutually agreed. A minimum payment of four hours shall apply on public holidays.

22. Sick Leave

An employee who, after not less than three months' continuous service in their employment with the Company, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (excluding illness or incapacity resulting from injury within the Workers' Compensation Act 1987) received in the said employment (not due to his/her own serious and wilful misconduct) shall be entitled to be paid for such non-attendance the amount of the ordinary rate of pay, subject to the following: 22.1 Where any employee is absent from duty by reason of incapacity due to injury arising out of or in the

course of employment and is receiving compensation under the Workers' Compensation Act 1987, the Company shall pay to such employee, if the employee so requests, in addition to such compensation, the


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difference between the amount of the compensation and the ordinary-time rate of pay (exclusive of overtime and other penalty payments) with a minimum payment not exceeding the balance, if any, of the entitlement to paid leave of absence under this clause.

22.2 The employee shall, within two hours of the commencement of such absence (where possible) inform

the employer 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.

If the employee is unable to inform the Company within this time, the employee shall inform the employer within 24 hours of the commencement of such absence.

22.3 For the purpose of ascertaining whether or not an employee is or has been ill and the particulars thereof

(including, where applicable, the estimated duration of the employee's absence) the Company, through any person appointed by it to interview employees for the purpose stated (such appointment being notified to the union), shall have the right to interview any employee who is or has been absent from duty. Where a person so appointed is a legally qualified medical practitioner, the right to interview an employee shall include the right to examine the employee.

22.4 An employee who unreasonably refuses the interview or unreasonably refuses or prevents the

examination specified in subclause 22.3 of this clause shall not be entitled to payment for the period during which the employee is absent from duty.

22.5 The employee shall prove to the satisfaction of the Company that they are or were 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. Notwithstanding the above, for absences before or after public holidays and rostered days off, proof by way of a medical certificate shall be supplied, irrespective of the length of the absence.

22.6 Sick leave of two days or more on each occasion must be substantiated by a doctor's certificate. 22.7 An employee shall be entitled, in respect of any year of continuous service, to sick pay and pay

supplementary to workers' compensation, in accordance with the following:

(a) In the first year of service:

After three months' continuous service - 16 hours. After six months' continuous service - a further 16 hours. After nine months' continuous service - a further 16 hours. After one year's continuous service - a further 16 hours. Total paid days sick leave entitlement - 64 hours.

(b) In the second and subsequent years of service:

Total paid days sick leave entitlement - 80 hours.

(c) Any period of paid sick leave or pay supplementary to workers' compensation, allowed by the

employer to an employee in any such year, shall be deducted from the period of leave which may be allowed or carried forward under this clause in respect of such year.

22.8 An employee shall not be entitled, in respect of any year of continued employment, to sick pay and pay

supplementary to workers' compensation for more than a total amount equivalent to payment for 64 hours in the first year of employment and 80 hours in the second and subsequent years. Any period of paid sick leave or pay supplementary to workers' compensation allowed by the Company to an employee in any such year shall be deducted from the period of leave which may be allowed or carried


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forward under this clause in respect of such year. No payment shall be due for illness or incapacity of less than one day.

22.9 The rights under this clause shall accumulate from year to year so long as the employee's employment

continues with the Company, so that any part of 64 hours or 80 hours 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. Any rights, which accumulate pursuant to this subclause, shall be available to the employee while the employee remains in the employ of the Company.

22.10 For the purpose of this clause, continuous service shall be deemed not to have been broken by:

(a) any absence from work on leave granted by the Company; (b) any absence from work by reason of personal illness, injury or other reasonable cause (proof

whereof shall, in each case, be upon the employee);

Provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

22.11 Provided that once an employee has had three months' continuous service with the Company, he/she

shall be paid for any absence owing to illness during the first three months. Payment will be limited to 2 working days sick leave entitlement in the first 3 months of employment as set out in Clause 27(a).

22.12 Any employee who has been given a written warning as prescribed by the Enterprise Award for

absenteeism and absent themselves from work for which another warning is given, shall not be offered any overtime for the next 6 days. Such warnings will be given within 2 working days of the date of absenteeism.

22.13 Service before the date of coming into force of this clause shall be counted as service for the purpose of

qualifying thereunder.

23. Family Leave Family leave shall be granted in accordance with provisions of the order made pursuant to the Industrial Relations Act 1996.

24. Annual Leave The provisions of the Annual Holidays Act 1944 shall apply.

25. Annual Leave Loading 25.1 Before an employee is given and takes his/her annual holiday or where, by agreement between the

Company and the employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the Company shall pay the employee a loading determined in accordance with this clause.

25.2 Annual leave loading shall be 33 and one-third per cent of the classification rate of pay. 25.3 The loading is payable in addition to pay for the period of holiday given and taken and due to the

employee under the Act and this award. 25.4 When the employment of an employee is terminated by his/her employer on or after 1 January 1974 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 he/she became entitled after 31 December 1973,


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he/she shall be paid a loading calculated in accordance with subclause 25.2 of this clause, for the period not taken.

25.5 Except as provided by paragraph 25.4 of this subclause, no loading is payable on the termination of an

employee's employment. 25.6 In addition to the 33 1/3% annual leave loading employees who have accrued annual leave whilst

working on a shift which incur shift loading as per clause 18(b), shall receive the shift loading on that part of their annual leave accrued whilst working on shift, to be paid when the taking of that leave. Alternatively employees returning to permanent day shift mat elect to have any shift loading component accrued on annual leave paid out.

26. Bereavement Leave 26.1 An employee shall, on the death of the wife, husband, father, mother, child or stepchild, brother or

sister, grandmother, grandfather, mother-in-law or father-in-law, grandchild, son-in-law or daughter-in-law of the employee, be entitled to leave up to and including the day of the funeral of such relation. Such leave shall be for a period not exceeding 16 working hours, without loss of any ordinary pay which the employee would have earned if he/she had not been on such leave.

26.2 The right to such leave shall be dependent on compliance with the following conditions:

(a) The employee shall give the Company notice of intention to take such leave as soon as reasonably practicable after the death of such relation.

(b) The employee shall furnish proof of such death to the satisfaction of the employer. Documentary

evidence will be required in all cases to support application (c) The employee shall not be entitled to leave under this clause during any period in respect of

which he/she has been granted any other leave. 26.3 For the purpose of this clause, the words "wife" or "husband" shall not include a wife or husband from

whom the employee is separated but shall include a person who lives with the employee as a de facto wife or husband.

27. Long Service Leave

The provisions of the Long Service Leave Act 1955 shall apply.

28. Loading of Trucks All Refrigerated Roadways, its agents, and subcontractors at the Girraween, Prospect and Arndell Park sites shall be required to load their trucks and unload empty pallets/cages/returned stock. Drivers shall move freight from designated dock staging areas agreed between the parties for the purpose. Drivers shall use walk-behind transporters. Drivers shall not move freight from any other non-designated areas. Truck drivers from any organisation at any other sites may be required to perform the tasks as described above.

29. Transfers The Company may require its employees to transfer daily between warehouses to meet labour requirements, volume variations or other work-related needs that may arise. The current practice of calling for volunteers initially shall prevail but, in the eventuality of additional employees being required, then nominations shall take place after consultation and agreement is reached. Personal difficulties or family circumstances will be considered, providing satisfactory advice is given to the Company. Transfers due to emergencies shall be given maximum co-operation by all parties. Transfers between sites shall be by agreement only, and a car allowance of an amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, will be paid for the authorised use of personal vehicles between sites.

30. Mixed Functions


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30.1 Should any employee engaged at a higher paid class of work be transferred temporarily to a lower paid

class of work, the employee shall continue to receive the higher rate during such transferred temporary employment.

30.2 An employee who is required to do work carrying a higher rate than his/her ordinary classification for

two hours or more on any day or shift shall be paid at the higher rate for the whole of the day or shift. 30.3 Subject to subclause 30.2 of this clause, an employee who, on any day or shift, is required to do work of

a higher paid classification for at least one hour shall be paid the rate prescribed for such work while so engaged.

30.4 While employees are under training and supervised, they will retain existing wage rates for a training

period as a guide of 152 hours (or four weeks) and be paid a freezer allowance, if working in freezers in any one job.

30.5 Where an employee is being considered for a Team Leader position the employee will be

appointed/paid at the team leader rate on an acting basis for a period of up to 3 months. During that period the employee’s performance and training will be assessed. Once a decision has been taken to appoint a person to a Team Leader position he/she shall be paid and maintained at the Team Leader rate. However, if the Team Leaders position is not taken up, the employee will revert to their original rate of pay.

30.6 Employees who are appointed to a position on an acting basis will participate in a monthly performance

review. This will ensure that they receive written feedback on how they are performing in their new role.


31.1 Where an employee is required by the Company to wear any special uniform, overall or other article, it

shall be supplied by the Company at no cost to the employee. 31.2 The Company will supply all employees with the following protective clothing suitable to the nature of

each employee's work:

Three pairs of overalls at commencement of employment that will be replaced on exchange if and when required. Safety/freezer boots replaced on exchange when required. Gloves. In addition to the above, if working in a freezer room, a blanket suit will also be provided and suitable head covering if requested.

31.3 All permanent full-time and part-time employees will be paid the laundry allowance set out in clause 10,

Allowances, in lieu of the Company laundering the protective clothing and the employee is hence required to ensure that all protective clothing is properly laundered.

All casual employees will have their protective clothing laundered by the Company.

31.4 Where the Company provides the above, such protective clothing shall remain the property of the

Company and employees shall owe a duty of care to the employer for all protective clothing and equipment supplied to the employee during the course of duty and, if the employee damages or loses the issue wilfully or negligently, the employee shall reimburse the Company.


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31.5 Where an employee is required by the Company to work continuously in conditions in which, because of their nature, the clothing would otherwise become saturated, the Company shall provide such employee with suitable protective clothing at no cost to the employee.

31.6 Any protective clothing shall be returned to the Company on termination or the residual value may be

deducted from the employee's pay. 31.7 Employees required by the Company to wear protective clothing shall do so, and failure to do so may

lead to disciplinary action.

32. Working in Cold Temperatures 32.1 Each employee shall have been medically selected as fit for work in extremely cold conditions. 32.2 The employer shall make available free of charge for the use of each employee a blanket suit and helmet

and overalls. 32.3 For every hour or part of an hour during which an employee is working in cold temperatures, he/she

shall be paid a temperature allowance in accordance with clause 10, Allowances. 32.4 Employees required to work in rooms where the temperature is less than -18 degrees Celsius shall be

allowed reasonable breaks outside the room. Present arrangements of 50 minutes in and ten minutes out shall continue.

32.5 For the purpose of this clause, the temperature of a room shall be the temperature of the coldest part of

such room.

33. Employees' Protection 33.1 Waterproof coats and gumboots shall be made available when employees are snowing down and

conditions are such as to reasonably require their provision. 33.2 Employees, when overheated through working outside, shall be allowed to cool down before entering

the freezer. 33.3 No employees shall be called upon to work in a chamber where the floor is wet or substantially iced, or

where there is serious dripping of moisture from pipes or where a leak of ammonia exists. Where wet or iced conditions prevail, employees shall be required to perform such work as required by management to alleviate such conditions, before a normal resumption of work takes place.

33.4 The employer shall provide facilities for the satisfactory drying of clothes between shifts. 33.5 The employer shall, where necessary, provide rubber boots or safety boots for employees. 33.6 The present practice shall remain in respect of supply by the employer of suitable freezer boots or flying

boots.

34. Superannuation 34.1 In addition to the rates of pay in this award, the Company shall contribute on behalf of any eligible

employee covered by this award an amount as prescribed by the Superannuation Guarantee Levy Act 1992.

34.2 For the purpose of this clause, "eligible employees" shall mean all:

(j) Full-time and part-time employees; and


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(ii) Casual employees who earn in excess of $450 per month who have completed the necessary application forms and lodged them with the Company.

34.3 The Company may suspend contributions on behalf of any employee for any period when the employee

is absent from work on unpaid leave, provided that the Company shall continue to make contributions in respect of any period during which an employee is absent from work on workers' compensation, up to a maximum of 26 weeks, and provided further that the employee remains in the employ of the Company.

34.4 Contributions are payable in accordance with subclause (a) of this clause upon attainment of the

qualifying periods, but are not retrospective. 34.5 For the purposes of this clause:

"P & O Australia Group Accumulation Fund" (P&OGAF) shall mean the fund established under a Trust Deed dated July 1991 and shall include any successor fund thereto. "Meat Industry Employees' Superannuation Fund" (MIESF) shall mean the fund established under a Trust Deed dated July 1991 and shall include any successor fund thereto.

34.6 This award recognises the intent of the Government's "Freedom of Choice" proposals as outlined in the

1997 Budget. The award also recognises that the level of benefits ultimately delivered to employees is of paramount importance.

34.7 Having regard to the long term and complicated nature of superannuation, including the importance of

investment returns and operating costs, this award provides that membership of a superannuation fund be available as follows:

(i) With immediate effect, all new permanent employees shall be offered membership of the non-

contributory category (Category 1) of the P & O Australia Group Accumulation Fund (P&OGAF) or any successor fund thereof or the Meat Industry Employees' Superannuation Fund (MIESF) or any successor fund thereof.

(ii) At intervals of not less than 12 months and as at 1 January in any year such employees may, on

giving three months' written notice to their employer, elect to transfer from P&OGAF to MIESF or vice versa. Employees electing to transfer may be required to provide satisfactory medical evidence in respect of their death and disablement benefits, which benefits may be subject to restrictions or limitations as a result.

(iii) Employers shall not be required to contribute in excess of the amounts normally required to be

contributed under Superannuation Guarantee legislation (currently six per cent (8%) of ordinary-time earnings), nor shall they be required to contribute to more than one fund at any time.

(iv) New permanent employees shall be required to make an election and to complete application

requirements of the fund of their choice within 28 days of their commencing service. Failure to do so shall be deemed to be a decision to join the P&OGAF and to comply with all of the requirements of membership of that fund.

(v) Permanent employees, whose service commenced prior to the date of this award, shall be

permitted to choose between membership of P&OGAF and MIESF with effect from 1 January 1999 and shall provide three months' written notice to their employer should they wish to transfer from one fund to the other on that date.

(vi) Thereafter, the provisions of paragraphs (ii) and (iii) above shall apply to all permanent

employees. (vii) Casual employees shall be required to join the "Meat Industry Employees' Superannuation Fund"

(MIESF) or any successor fund thereof with effect from their commencement of employment.


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(viii) These provisions shall apply to all employees as aforesaid, but nothing herein shall prevent an employer from providing an additional option or options in particular cases, by agreement with the employees concerned.

35. Union Training 35.1 Elected union delegates shall be granted leave to attend courses conducted by AMIEU, which are

designed to promote good employee relations, subject to the following:

(a) No more than two days per year shall be granted to each delegate, and untaken leave shall not accrue from year to year.

(b) Applications shall be in writing and at least 28 days before the course and shall include details of

the course, content and proposed dates conducted. (c) Only employees with six months' continuous employment are eligible for this leave. (d) No more than three employees can attend at the same time. (e) Any employees attending on such leave shall be paid their ordinary rate of pay for the day or

days. (f) The Company shall not be required to pay any other costs associated with leave pursuant to this

clause. (g) Leave granted under this clause shall count as service for all purposes of this award. (h) On completion of the course the employee shall, in order to be paid, provide proof of their

attendance at the course and, upon request, inform the Company of the nature of the course and their observations.

36. Numeracy and Literacy Training

The Company agrees to assist employees in numeracy and literacy training and to determine the availability of such courses.

37. Notification of Change Notification - Where the Company has made a definite decision to introduce major changes in warehousing and distribution systems, procedures, organisations, structure or technology that are likely to have significant effects on employees, the Company shall discuss the relevant issues with the Consultative Committee and the AMIEU prior to notifying employees who may be affected by the proposed changes.

38. Redundancy 38.1 Definitions -

(a) "Redundancy" is when an actual reduction in the number of permanent employees employed in the work area shall occur as a result of economic downturn or technological change and where alternative employment cannot be found.

(b)


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(i) Where an employer initiates a reduction in the number of permanent employees required;

or (ii) the employer ceases to carry on the business at the current location and does not offer

transfer and continuing employment at a new location,

Redundancy shall apply.

(c) "Business" includes a part of a business. (d) This award shall apply to the permanent weekly workforce of the Company. Casual employees

shall not be included for the purpose of this award. (e) "Ordinary rate of pay" means the normal weekly payment received by an employee for the

ordinary hours of work at the date of redundancy and shall be determined at the average rate paid for annual leave. It shall include industry allowances normally paid, such as first-aid allowance, but excludes any shift allowance or overtime penalty payments.

38.2 Notice of Redundancy - Where the Company proposes to terminate the employment of an employee on

account of redundancy, it shall:

(a) Advise its employees of the intention to cease operations at least one month in advance and will give individual employees notice of redundancy.

Notwithstanding the above, each employee will be given maximum practicable notice of termination of service.

(b) Any employee who terminates their employment on a date prior to having received the formal

notice of redundancy hereof will not be eligible for any redundancy payment. 38.3 Seniority - Employees made redundant shall be retrenched after carefully considering occupational

skills and qualifications and satisfactory work record. The selection of employees will be made on the basis of retaining those who best service the commercial needs of a continuing business. The union will be kept fully informed.

Initially, redundancy may commence on a voluntary basis but, if not enough employees take up voluntary redundancy, then the above criteria will be used to provide sufficient flexibility into this area of selection.

38.4 Redundancy Payments - For under 12 months' weekly service - Nil.

At the completion of each 12 months' weekly service, the following table shall apply:

Completed Years Weeks Pay 1 4 2 7 3 10 4 12 5 15 6 18 7 21 8 24 9 27

10 30 11 33 12 36


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Thereafter, three weeks for each year of service up to a maximum of 60 weeks.

38.5 Redundancy Payments on Termination - In the event of the Company terminating the employment of an

employee on account of redundancy, it shall give the employee a detailed statement of entitlements, where practicable, at least two weeks prior to the date of termination, together with a statement of service setting out the employment record and the reason for termination of employment. Anyone accepting redundancy shall not be entitled to be re-engaged within less than six months.

38.6 Notification to the Commonwealth Employment Service - Where a decision has been made to terminate

the employment of 15 or more employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

38.7 Time Off to Seek a Job - The employee, on notice of retrenchment, shall, during such notice period, be

entitled to time off as per the following scale without loss of pay in order to seek other employment, proof of which may be required by the employer:

(a) Employees with up to three years' employment - two days' paid leave to seek other employment. (b) Employees with up to five years' employment - four days' paid leave to seek other employment. (c) All other employees - five days' paid leave to seek other employment.

38.8 Superannuation - Superannuation shall be paid in accordance with the relevant trust deed. 38.9 Exceptions - Redundancy shall not apply where employment is terminated as a consequence of conduct

that justifies instant dismissal, including malingering, inefficiency or neglect of duty. Redundancy shall not apply to casual employees or to persons engaged to complete a specific task or tasks.

Redundancy shall not apply where an employee advised of a pending redundancy elects to terminate his or her services prior to the date nominated by the employer. Employees with less than 12 months' weekly service at the time of retrenchment are not entitled to a redundancy payment.

38.10 Legal Entitlements - All legal entitlements will be paid out, such as:

(a) long service leave - after five years' service; (b) Annual leave and annual leave loading - as legally required in New South Wales.

38.11 Access to Company Facilities - The Company shall allow any employee who has been given notice, and

subject to approval of his/her supervisor, reasonable access to the Company's facilities to contact prospective employers and arrange interviews.

38.12 Leaving Employment During Period of Notice - The Company shall permit the employee who has been

given notice to leave employment during that period by giving one week's pay in lieu and still receive the redundancy payment prescribed by subclause 38.5 of this clause. In this situation, redundancy payments will be calculated up to and including the date of termination of employment.

39. Jury Service

A weekly or part-time employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the weekly rate for the grade the employee concerned normally works. An employee shall notify the Company as soon as possible of the date upon which the employee is required for


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jury service. Further, the employee shall give the Company proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

40. Agency Casuals The Company shall endeavour to reduce or eliminate the use of agency casuals.

41. Disputes Procedure 41.1 Should a dispute arise in the future at the works of the Company, the following procedure shall apply:

(a) There shall not be a cessation of work, which includes the holding of a stop work meeting. (b) The dispute shall forthwith be submitted to the management by the union delegate. (c) The management shall discuss the dispute with the President or Secretary of the union or other

official(s) designated by the union. (d) During the discussions, the status quo shall remain and work shall proceed normally. "Status

quo" shall mean the situation existing immediately prior to the dispute or the matter-giving rise to the dispute.

(e) Failing agreement, the dispute may be referred to the Industrial Relations Commission of New

South Wales for determination. 41.2 In any event, products shall never be exposed to temperature deterioration. 41.3 Disciplinary Leave -

(a) In lieu of dismissal for an action other than wilful misconduct, the Company and the employee's representative may agree to direct the employee concerned on disciplinary leave. Such leave shall be without pay and shall be for a period of not less than one working day and not more than 20 working days.

(b) This option may only be exercised once in any 12-month period for an individual employee.

41.4 Disputes Procedure in Relation to Dismissals -

(a) Both parties agree that in the event of a Company-initiated dismissal for misconduct (as per subclause 13.4 of clause 13, Termination) and the union considers the dismissal to be harsh, unreasonable or unjust, the union may make application to have the matter heard before the Industrial Relations Commission of New South Wales.

(b) Whilst such application is being processed through the Commission the employee shall be

suspended without pay. Should the employee and/or the union be successful in the application, then the Company undertakes to reimburse all wages lost by the employee during the suspension, subject to any other order the Commission may make.

(c) In all other cases, except the dismissal of an employee, the provisions of subclauses 41.1, 41.2

and 41.3 shall apply.

41A. Disciplinary Procedure 1 General


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(a) This disciplinary procedure is directed towards correcting and/or improving an employee’s conduct on occasions when that conduct is unacceptable and to ensure the employee is treated fairly during application of the procedure.

(b) The Company disciplinary procedure consists of the following levels: -

Counselling - Informal Interview. Level One - Formal Interview. Level Two - Warning. Level Three - Final Warning.

2 Level One - Formal Interview

(a) Counselling

This step should be used to outline relevant Company policy and requirements, and to correct any employee misinterpretation. Continued informal discussion will lead to a formal interview. The need to progress to formal interview will lead to a formal interview. The need to progress to formal interview will be established by the Distribution Centre Manager and/or the Supervisor and will include consideration of the nature of the employee’s response to previous informal discussions.

(b) Formal

This step requires a detailed discussions on an employee’s inappropriate conduct, and how the conduct is contrary to relevant Company policy and requirements (whether or not the employee is aware of the Company policy), any underlying reasons for the conduct and a participative commitment to correct and/or improve the area of concern. Formal interviews should be clearly seen and understood to have an assistance and educational function within the disciplinary procedure. The procedure involves discussion of the following matters with the employee and documented on a standard Company form.

(i) What is required of the employee? (ii) Where and how the employee’s conduct does not comply with relevant Company policy

requirements. (iii) What is to be done by the employee to meet Company policy and requirements and

appropriate steps which may assist the employee. (iv) The outcome of failure to meet Company policy and requirements.

3 Level Two - Formal Warning

Where an employee continues with appropriate conduct after the formal interview level, or engages in misconduct of a minor nature, the Distribution Centre Manager and/or the Supervisor shall investigate the matter and issue a formal warning in writing, indicating to the employee and documenting the following:

(a) What is required of the employee? (b) Where and how the employee’s conduct does not comply with relevant Company policy and

requirements (whether or not the employee is aware of the Company policy).


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(c) What is expected of the employee to meet Company rules and requirements and appropriate

steps, which may assist the employee? (d) The outcome of failure to meet Company policy and requirements.

4 Level Three - Final Warning

(a) A final warning will only be issued when the conduct persists and after the employee has received an informal interview and written warnings in accordance with subclause 41A.2(b) and 41A.3 respectively.

Where an employee fails to meet Company policy and requirements after these warnings, the Distribution Centre Manager and/or the Supervisor should issue a final warning. A final warning is the last step before an employee is dismissed and shall be in writing. The procedure for final warning involves a review of the relevant disciplinary procedure to date or the misconduct and the offer to the employee of an opportunity to provide an explanation.

(b) The written advice of final warning issued to the employees will contain the following

information: -

(i) A statement that this is a final warning (ii) Identification of the inappropriate conduct by the employee with reference to the relevant

Company policy and requirements. (iii) A summary of the relevant disciplinary procedure to date. (iv) Detailing that a specific change is required in the employee’s conduct and failure to

achieve this specific change will lead to dismissal. 5 Dismissal

Where an employee fails to meet the requirements clearly identified in the written advice of final warning, or engages in serious misconduct, the Distribution Centre Manager and/or the Supervisor should seek dismissal of the employee. Dismissal may take the form of dismissal with notice or it may be summary (instant) dismissal without notice.

6 Opportunity to Respond

At all stages of the disciplinary procedure, employees must be given an opportunity to explain their conduct or to respond to allegations made against them. Employees subject to disciplinary action must be given a detailed account of any allegations made against them in order that they can respond.

7 Level of Discipline

(a) The levels of discipline outlined in the disciplinary procedure may or may not be administered in a sequential manner depending on the situation.

(b) The level of discipline appropriate in any particular situation will depend on a number of factors

including the seriousness of the conduct concerned, the circumstances in which such conduct occurs and any interviews/warnings, which are currently effective and relevant.

(c) Many factors are involved in individual cases, and these must all be considered prior to

instituting the level of the disciplinary procedure. Clause 41A.8 contains some general guidelines, which may help to indicate what level should be applied.


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(d) These guidelines are for the assistance of employees, Distribution Centre Managers and/or

Supervisors and union delegates, and should not be taken to limit the instances or manner in which the disciplinary procedure may be administered. The examples provided are not exhaustive and should not be taken to be exhaustive.

(e) The delegate must be informed at all times of any decision by the Company of its intention to

discipline any employee, and must be in attendance at the initial interview with the employee at which time the employee can make a decision as to whether they require the delegate present or not.

8 The following areas of conduct may be addressed through informal discussions, formal interviews or

formal warning depending upon the circumstances of each particular situation:

(a) Level One - Formal Interviews

(i) Absenteeism (ii) Malingering neglect of duty, inefficiency (iii) Misbehaviour, disobedience, abuse, insubordination (iv) Breach of Company (v) Or the like.

(b) Levels Two and Three

(i) As above, but considered to be more of a severe nature (ii) Discrimination (iii) Sexual Harassment

(c) Instant Dismissal

Areas of conduct deemed to warrant immediate dismissal are in line with subclause 13.4 and Company policies.

9 Documentation

(a) A written record of the application of all levels of the disciplinary procedure (except informal counselling) will be made on a prescribed form with the original placed on the employee’s personal file. A copy is also to be made available to the employee and any other parties present at the time of the procedure. Records of informal counselling will be made in the operational diary and will be signed by all attending parties.

10 Review

When an employee disagrees with a formal interview or a formal warning, a request to review the disciplinary action may be made by the employee or the delegate acting on behalf o the employee, to the next line of management. In the case of a final warning, a request for review may be made to the State Manager through the immediate Supervisor and/or Distribution centre.

11 Guidelines in the Administration of the Disciplinary Procedure

Whilst the effectiveness of any disciplinary procedure involves many factors, the following key points are highlighted as being particularly important.


- 1081 -

(a) Responsibility for administration of the disciplinary procedure belongs with an employee’s

immediate supervisor and/or the Distribution centre Manager in consultation with a union delegate.

(b) Administration of the disciplinary procedure depends on the union delegate and Distribution

Centre Manager and/or supervisor’s clear understanding of company policies and requirements, and informing employees of these policies and requirements and a commitment to their consistent application.

(c) The disciplinary procedure should be applied promptly and objectively, that is, focusing upon the

conduct not the person involved. (d) Normal working relationships with the employee and Distribution centre Manager and/or

Supervisor should be re-established once the disciplinary procedure is complete. (e) Disciplinary warnings for absenteeism will accumulate separately and will not be counted as

current warnings when considering active warnings for behavioural or performance issues. 12 Any employee who has been given a written warning as prescribed by the Enterprise Award for

absenteeism and absent themselves from work for which another warning is given, shall not be offered any overtime for the next 6 days. Such warnings will be given within 2 working days of the date of absenteeism.

13 The company reserves the right to review the Warning system. The company will undertake a review of

the system over a three- month period and if it is found not to be working, further changes will be considered in consultation with the union.

42. Workplace Delegates and Consultative Committee

An employee elected as a union representative shall, upon notification to the Company by the union, be recognised as the accredited union representative and shall be allowed necessary time during working hours to interview relevant Company representatives on matters affecting employees of the Company. A Consultative Committee of employee and Company representatives shall be established for the purpose of providing a consultative mechanism in the workplace. The committee shall develop a constitution and shall continue to meet at regular intervals.

43. Union Recognition and Membership 43.1 It is a policy of the Company that all of their employees be encouraged to join The Australasian Meat

Industry Employees' Union, New South Wales Branch. 43.2 Accordingly, the Company undertakes to positively promote union membership at the point of

recruitment by recommending that all employees join the union. 43.3 All employees shall be provided with an application form to join the union at the point of recruitment. 43.4 The Company undertakes, upon authorisation, to deduct membership dues as levied by the union, in

accordance with its rules, from the pay of employees who are members of The Australasian Meat Industry Employees' Union. Such monies collected shall be forwarded to the union at the beginning of each month, together with all necessary information to enable the reconciliation and crediting of subscriptions to members' accounts.

44. Right of Entry

Within the terms of the Industrial Relations Act 1996, an officer of the union duly authorised may enter the premises of the Company covered by this award. Provided that such officer shall not wilfully hamper or hinder


- 1082 -

the employees during their working time, and may interview employees or converse with them in any lunchtime or non-working time.

45. Enterprise Arrangements 45.1 As part of an ongoing process for improvements in productivity and efficiency, discussion should take

place at the enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultative mechanisms across the workplace for all employees. As part of this process, the Company shall arrange regular meetings of management and authorised representatives of the employees to discuss progress of the implementation of efficiency/productivity measures, and this forum shall be used to discuss and, where agreed, make adjustments in rates of pay for productivity gains or employees' increased costs of living.

45.2 The terms of any proposed genuine arrangement reached between the Company and employee(s) and

the AMIEU shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

(a) a majority of employees affected genuinely agree; (b) such arrangement is consistent with the current wage fixation principles; and (c) The terms of the arrangement are committed to writing, signed by the Company and the AMIEU,

and lodged with the Industrial Registrar of the Industrial Relations Commission of New South Wales, and such document shall be treated as a part of the award and equally enforceable.

45.3 Such enterprise arrangements shall be processed as follows:

(a) All employees will be provided with the prescriptions that currently apply. (b) Where an arrangement is agreed upon between the Company and the employees or their

representative at an enterprise, such arrangement shall be committed to writing. 45.4 The arrangement shall be signed by the Company, or the employer's duly authorised representative, and

a representative of the AMIEU. 45.5 A signed copy of the arrangement shall be forwarded to the Industrial Relations Commission within 14

days of its signing and shall be registered by the Commission. 45.6 Nothing shall preclude the parties to this award from agreeing to expand the scope of this award to

cover other aspects of the Company's operations.

45A. Prospect Site Arrangement 1 This clause applies only to employees employed by the Company at Coles carcass facility at Unit 9, 29

Stoddart Road, Prospect Cold Stores and does not extend to any of the Company’s other sites. 2 This clause shall not be used by any other employee as a bargaining tool to bring extra claims. 3 Employees required to commence work no earlier than 3.00am, which is prior to the voluntary span of

hours set out under subclause 15.2(d), shall do so under the following arrangement:

(a) Any work between 3.00am and 5.00am shall be paid at time and one half of the appropriate classification rate.

(b) The remainder of the shift, until the agreed finishing time, shall be worked at ordinary time; to a

maximum of eight hours from the agreed starting time.


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(c) Any overtime, before or after the agreed starting and finishing time of these hours, shall be paid

at double time of the classification rate. (d) All weekend overtime shall continue to be paid as per subclause 19.2 and 19.3.

4 All paid leave, including rostered days off, public holidays, sick leave, family leave, bereavement leave,

long service leave taken and any unfit worker’s compensation periods granted whilst working under these arrangements will have the ordinary hours paid as above.

5 Should any employee employed under this agreement have his/her start time changed back within the

ordinary span of hours, these provisions will no longer apply. 6 The minimum rates of pay for employees employed at the Prospect site shall be set as set out in Table 3

- rates of Pay, of Part B, Monetary Rates. 7 This clause shall take effect on and from the 15 of June 1998 and remain in force thereafter until 1

September 2000

46. Girraween North Warehouse Arrangement A Part-time shift roster arrangement will be available in the Girraween North Warehouse under the following guidelines. (a) Part-time work will be offered for up to six hours per day, five days a week in lieu of casuals. (b) There will be a voluntary 5am start for all employees if required however; no employee can start later

than 8am. (Cleaners are exempt). (c) This will have no impact on the permanent manning levels currently in place in the Girraween North

Warehouse. However, if the workload decreases in the Girraween North warehouse manning levels will need to be reviewed and agreed by Management in consultation with the union.

(d) If our Customer demands/requirements change thus increasing the workload, Part-time employees will

be offered the first opportunity to take up any available Full-time positions. (e) All existing P&O Casuals employed, as at The 1st September 2000 will have preference in taking up

any available part-time positions. If all else is equal preference will be given to those with seniority. (f) Management shall determine the number of part-time positions in consultation with the union.

47. Renegotiation of Award The parties to this award shall enter discussions at least three months prior to the expiry of this award for the purpose of renegotiation of the award. The parties shall not confine their discussions to wage rates, but shall review the operation of all aspects of the award and shall enter the negotiations with the intention of registering a replacement award on the expiry of this award.

48. Leave Reserved Leave is reserved to the parties in respect of clauses in this award dealing with the respective rights of permanent and casual employees rostered for overtime."

49. No Extra Claims It is a condition of this award that the parties undertake not to pursue any extra claims, award or over award (except where consistent with any decision of the Industrial Relations Commission of New South Wales) for the duration of this award.


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PART B

MONETARY RATES

Table 1 - Rates of Pay - From 1st September 2003 The minimum ordinary rates for permanent and part-time employees for each classification from 01/09/03 shall be as follows:

Grade Definition New Rate Freezer Rate + Hourly Allowance Allow Rate $ $ $ $

1 General Operator 657.24 657.24 17.2958 2 Chiller Picker 669.74 669.74 17.6247

2A Freezer Picker 669.74 46.74 716.48 18.8547 3 Forklift Driver 680.04 680.04 17.8958

3A Freezer Forklift 680.04 46.74 726.78 19.1258 4 Multi-Operator 687.74 46.74 734.48 19.3284 5 Team Leader 768.19 46.74 814.93 21.4455

P1 P&O 1 696.74 46.74 743.48 19.5653 The minimum ordinary rates of pay for casual employees for each classification from 01/09/03 shall be as follows: Monday-Friday

Grade Definition New Rate Freezer Rate + Hourly Allowance Allow Rate $ $ $ $




MONETARY RATES

Table 1 - Rates of Pay The minimum ordinary rates of pay for permanent and part-time employees on a permanent seven-day roster from 01/09/03 will be as follows:

Freezer Rate + Hourly Grade Definition New Rate Allowance Allow Rate

$ $ $ $ 1 General Operator 798.82 798.82 19.9705 2 Chiller Picker 814.61 814.61 20.3653




- 1085 -

Table 1 - Rates of Pay - From 1st September 2004 The minimum ordinary rates for permanent and part-time employees for each classification from 01/09/04 shall be as follows:

Grade Definition New Rate Freezer Rate + Allow Hourly Rate Allowance $ $ $ $




P1 P&O 1 724.99 46.74 771.73 20.3087 The minimum ordinary rates of pay for casual employees for each classification from 01/09/04 shall be as follows: Monday-Friday

Grade Definition New Rate Freezer Rate + Allow Hourly Rate Allowance $ $ $ $




MONETARY RATES

Table 1 - Rates of Pay The minimum ordinary rates of pay for permanent and part-time employees on a permanent seven-day roster from 01/09/04 will be as follows:

Freezer Rate + Hourly Grade Definition New Rate Allowance Allow Rate

$ $ $ $ 1 General Operator 827.07 827.07 20.6768 2 Chiller Picker 842.86 842.86 21.0715




- 1086 -


Item No Clause No. Brief Description Amount

$ 1 10.1 Freezer allowance: 18 degrees Celsius 0.82 per hour Between -19 and -25 degrees Celsius 0.87 per hour In excess of -25 degrees Celsius 1.23 per hour

2 10.2 Laundry allowance: Overalls 3.07 per week Freezer suits 1.87 per week

3 10.3 Battery change allowance 1.06 per day 4 10.4 Car allowance for authorised use of and 29 personal 0.82 per vehicles between sites kilometre

5 10.6 Technology Allowance $1.00 per day to a maximum of $5.00

p/wk

BACKMAN J.



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(1815) SERIAL C3778

TURNER STEPHENS GROUP - NUW CONSENT AWARD 2005


Application by National Union of Workers, New South Wales Branch, industrial organisation of employees.

(No. IRC 1402 of 2005)

Before Mr Deputy President Sams 1 April 2005

AWARD

1. Title This award shall be referred to as the Turner Stephens Group NUW Consent Award 2005.

2. Arrangement


1. Title 2. Arrangement 3. Definitions 4. Parties 5. Terms and Conditions of Employment 6. Provision of Information 7. Area, Incidence and Duration 8. Anti-Discrimination 9. Superannuation 10. No Extra Claims 11. Settlement of Disputes 12. Union Deductions

3. Definitions

3.1 In this Consent Award:

(1) "Award" means - an award (of the Industrial Relations Commission of New South Wales or the Australian Industrial Relations Commission) to which the Union is party, that applies to a workplace or site of a Client at which an Employee is working which would otherwise apply if the Employee was an employee of that Client;

(2) "Client" means - any corporation which has entered into a contract with the Company for the

supply of the Company’s labour;

(3) "Commission" means - the Industrial Relations Commission of New South Wales;

(4) "Company" means - Turner Stephens Group of 177 Drummond Street, Carlton Vic. 3053;

(5) "Consent Award" means - this award;

(6) "Employee(s)" means - an employee of the Company who is a member of the Union or eligible to be a member of the Union and engaged to perform work at the Client’s workplace or site;


- 1088 -

(7) "Enterprise Agreement" means - an enterprise agreement made under the Industrial Relations Act

1996 (NSW) or a certified agreement or an Australian Workplace Agreement made under the Workplace Relations Act 1996 (CTH);

(8) "Terms and Conditions of Employment" means - the terms and conditions of employment

applicable to the Employees employed at the Client’s workplace or site including the applicable Award and Enterprise Agreement; and

(9) "Union" means - the National Union of Workers’, New South Wales Branch, 3-5 Bridge Street,

Granville, New South Wales, 2142.

4. Parties The parties to this Consent Award are the Company and the Union.

5. Terms and Conditions of Employment The Employees, whilst working at a Client’s workplace or site, will be paid the Terms and Conditions of Employment. To avoid uncertainty, this means that Employees shall receive no less than the applicable Award and/or Enterprise Agreement applying at the Client’s workplace.

6. Provision of Information Upon request from the Company, the Union undertakes to use its best endeavours to provide the following information to the Company: 6.1 whether the Client’s workplace or site employs Union members; and 6.2 the Terms and Conditions of Employment applicable to the Client’s workplace or site.

7. Area, Incidence and Duration 7.1 This Consent Award is binding on the Company, the Union and the Employees. 7.2 This Consent Award shall operate from the date of registration by the Commission and remain in force

for a period of two years. 7.3 This Consent Award applies to work performed within the State of New South Wales at sites where the

Union has members or coverage pursuant to its registered rules. For the purposes of Clause 5, an indicative but non-exhaustive list of Awards is contained in Appendix "A" to this Consent Award.


8.1 It is the intention of the parties to this Consent Award to seek to achieve the object in section 3(f) of the

Industrial Relations Act 1996 (NSW) 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.

8.2 It follows that in fulfilling their obligations under the dispute resolution procedure set out in this

Agreement, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this agreement 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 Agreement which, by its terms or operation, has a direct or indirect discriminatory effect.


- 1089 -

8.3 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.

8.4 Nothing in this clause is to be taken to affect:

(1) any conduct or act which is specifically exempted from anti-discrimination legislation; (2) offering or providing junior rates of pay to persons under 21 years of age; (3) any act or practice of a body established to propagate religion which is exempted under section

56(d) of the Anti-Discrimination Act 1977 (NSW); and (4) a party to this Consent Award from pursuing matters of unlawful discrimination in any State or

Federal jurisdiction. 8.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by


9. Superannuation The Company will make superannuation contributions on behalf of Employees into the Labour Union Co-operative Retirement Fund or any other complying superannuation fund.

10. No Extra Claims The parties to this Consent Award agree that they will make no extra claims for the duration of this Consent Award.

11. Settlement of Disputes 11.1 In the event of a dispute or grievance arising between the parties, the parties shall endeavour to resolve

the dispute in accordance with the following procedure:

(a) any dispute arising out of employment shall be referred by the shop steward or an individual employee to the Company representative appointed for this purpose;

(b) failing settlement at this level between the Company and the shop steward on the job, the shop

steward shall refer the dispute within 24 hours to the union organiser who will take the matter up with the Company.

All efforts shall be made by the Company and the union organiser to settle the matter but, failing settlement, the union organiser shall refer the dispute to the union Secretary and the Company shall refer the dispute to its employer association and the union Secretary shall take the matter up with the employer association;

(c) during the discussions the status quo shall remain and work shall proceed normally. "Status quo"

shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute; and

(d) at any time, either party shall have the right to notify the dispute to Industrial Registrar of the

Commission.

12. Union Deductions


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12.1 The Company shall deduct Union membership fees (not including fines or levies) from the pay of any

Employee, provided that:

(a) the Employee has authorised the Company to make such deductions in accordance with sub-clause 12.2 herein;

(b) the Union shall advise the Company of the amount to be deducted for each pay period applying

at the Company’s workplace and any changes to that amount; and (c) deduction of Union membership fees shall only occur in each pay period in which payment has

or is to be made to an Employee. 12.2 The Employee’s authorisation shall be in writing and shall authorise the deduction of an amount of

Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the Company to deduct. Where the Employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the Company without first obtaining the Employee’s consent to do so. Such consent may form part of the written authorisation.

12.3 Monies so deducted from Employees’ pay shall be remitted to the Union on a monthly basis, together

with all necessary information to enable the reconciliation and crediting of subscriptions to Employees’ membership accounts, provided that where the Company has elected to remit on a monthly basis, the Company shall be entitled to retain up to 2.5 per cent of the monies deducted.

12.4 Where an Employee has already authorised the deduction of Union membership fees in writing from his

or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the Employee to make a fresh authorisation in order for such deductions to commence or continue.

12.5 The Union shall advise the Company of any change to the amount of membership fees made under its

rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted weekly. The Union shall give the Company a minimum of two months’ notice of any such change.

12.6 An Employee may at any time revoke in writing an authorisation to the Company to make payroll

deductions of Union membership fees. 12.7 The company shall advise all non-union employees that a Union Bargaining Fee of $7.00 per week is

payable to the union. The company shall also advise all new employees prior to commencing work for the company that a Union Bargaining Fee of $7.00 per week is payable to the union. The company will provide to all new employees an authority to deduct the Union Bargaining Fee from their wages before commencement of employment.

12.8 Where an Employee who is a member of the Union and who has authorised the Company to make

payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the Rules of the Union, the Union shall inform the Employee in writing of the need to revoke the authorisation to the Company in order for payroll deductions of union membership fees to cease.

P. J. SAMS D.P.



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ADVERTISING SALES REPRESENTATIVES (SYDNEY DAILY NEWSPAPERS) AWARD


Application by National Union of Workers, New South Wales Branch, industrial organisation of employees.

(No. IRC 4855 of 2004)

Before Commissioner Patterson 27 August 2004

VARIATION 1. Delete Clause 15, Arbitrated Safety Net Adjustments, of the award published 1 March 2002 (331 I.G.

1006), and insert in lieu thereof the following:

15. Arbitrated Safety Net Adjustments The rates of pay in this award include the adjustments payable under the State Wage Case of 2004. These adjustments may be offset against: (i) any equivalent overaward payments; and/or (ii) award wage increases since 29 May 1991 other than Safety Net, State Wage Case, and Minimum Rates

Adjustments. 2. Delete Table 1 - Rates of Pay, of Part B - Monetary Rates, and insert in lieu thereof the following:

Table 1 - Rates of Pay

Former Award Rate Minimum Award Wage Rate Classification (Per Week) (Per Week)

21 May 2004 21 May 2005 $ $

Representative 519.50 538.50 Probationary Representative 484.20 503.20 At 17 years of age 253.05 261.90 At 18 years of age 303.30 313.90 At 19 years of age 353.65 366.05 At 20 years of age 404.45 418.60

3. This variation shall take effect from the first pay period commencing on or after 21 May 2005.

R. J. PATTERSON, Commissioner.



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CROWN EMPLOYEES (EDUCATION EMPLOYEES DEPARTMENT OF CORRECTIVE SERVICES) CONSENT AWARD 2004


Erratum to Serial numbers C3522 & C3529 published 20 May 2005

(351 I.G.58) and (351 I.G. 72) respectively.

(No. IRC 460 & 2799 of 2004)

ERRATUM

1. Delete subclause 15.1 of clause 15, Qualifications Upgrade, and insert in lieu thereof the following: 15.1 Sub clauses 15.2 - 15.6 apply only to those persons:

G. M. GRIMSON Industrial Registrar.



- 1093 -

CLERICAL AND ADMINISTRATIVE EMPLOYEES (ONESTEEL WIRE PTY LTD - NEWCASTLE ROPERY) AWARD


Application by OneSteel Wire Pty Limited.

(No. IRC 2825 of 2005)

Before Commissioner McLeay 10 June 2005

ORDER OF RESCISSION The Industrial Relations Commission of New South Wales orders that the Clerical and Administrative Employees (OneSteel Wire Pty Ltd - Newcastle Ropery) Award published 4 September 1998 (306 I.G. 397) as varied, be rescinded on and from 10 June 2005.

J. McLEAY, Commissioner.



- 1094 -

CLERICAL AND ADMINISTRATIVE EMPLOYEES (ONESTEEL WIRE PTY LTD - NEWCASTLE WIREMILL) AWARD



(No. IRC 2827 of 2005)


ORDER OF RESCISSION The Industrial Relations Commission of New South Wales orders that the Clerical and Administrative Employees (OneSteel Wire Pty Ltd - Newcastle Wiremill) Award published 4 September 1998 (306 I.G. 424) as varied, be rescinded on and from 10 June 2005.




- 1095 -

CLERICAL AND ADMINISTRATIVE EMPLOYEES (TUBEMAKERS OF AUSTRALIA LIMITED, NEWCASTLE) AWARD



(No. IRC 2826 of 2005)


ORDER OF RESCISSION The Industrial Relations Commission of New South Wales orders that the Clerical and Administrative Employees (Tubemakers of Australia Limited, Newcastle) Award published 4 September 1998 (306 I.G. 479) as varied, be rescinded on and from 10 June 2005.



SERIAL C3682


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ENTERPRISE AGREEMENTS APPROVED BY THE INDUSTRIAL RELATIONS COMMISSION

(Published pursuant to s.45(2) of the Industrial Relations Act 1996)

EA05/170 - Linfox - NUW (Commonwealth Bank of Australia Logistics - Smithfield) Enterprise Agreement 2004

Made Between: Linfox Australia Pty Limited -&- the National Union of Workers, New South Wales Branch. New/Variation: New. Approval and Commencement Date: Approved 22 March 2005 and commenced 1 January 2004. Description of Employees: The agreement applies to all employees of Linfox employed at the Linfox - Commonwealth Bank of Australia Logistics Operation Smithfield, who fall within the coverage of the Storemen and Packers General (State) Award. Nominal Term: 24 Months.

EA05/171 - Metromix Pty Ltd (Teralba Quarry) Enterprise Agreement 2005

Made Between: Metromix Pty Limited -&- The Australian Workers' Union, New South Wales . New/Variation: Replaces EA01/329. Approval and Commencement Date: Approved 6 May 2005 and commenced 1 January 2005. Description of Employees: The agreement applies to all employees employed by Metromix Pty Ltd, located at 144 Marsden Street, Parramatta, NSW employed in the classifications set out in the award, who fall within the coverage of the Quarries, &c. (State) Award, at the company's Teralba Quarry. Nominal Term: 12 Months.

EA05/172 - Sydney Adventist Hospital Nurses' Enterprise Agreement 2005

Made Between: Sydney Adventist Hospital -&- the New South Wales Nurses' Association. New/Variation: Replaces EA03/61. Approval and Commencement Date: Approved and commenced 2 May 2005. Description of Employees: The agreement applies to all nursing staff employed by Sydney Adventist Hospital Ltd, located at Fox Valley Road, Wahroonga, who fall within the coverage of the Private Hospital Industry Nurses' (State) Award. Nominal Term: 7 Months.

EA05/173 - Waste Recycling and Processing Corporation Waste Collection and Transport Agreement 2004


- 1097 -

Made Between: Waste Recycling and Processing Corporation -&- the Transport Workers' Union of New South Wales. New/Variation: New. Approval and Commencement Date: Approved and commenced 22 April 2005. Description of Employees: The agreement applies to all drivers employed by Waste Recycling and Processing Corporation, t/as WSN Environmental Solutions, located at 821 Pacific Highway Chatswood NSW 2067 to collect and transport waste with the exception of drivers employed as at 15 December 2004 on the WSN Environmental Solutions Fairfield collection contract, who fall within the coverage of the Transport Industry Waste Collection and Recycling (State) Award. Nominal Term: 5 Months.

EA05/174 - Bartter Enterprises Catching Employees Enterprise Agreement 2004-2005

Made Between: Bartter Enterprises Pty Ltd -&- The Australian Workers' Union, New South Wales . New/Variation: New. Approval and Commencement Date: Approved 24 March 2005 and commenced 1 November 2004. Description of Employees: The agreement applies to Catching employees employed by Bartter Enterprises Pty Limited, located at McWilliams Road, Hanwood NSW 2680, who fall within the coverage of the Poultry Industry Livestock (State) Award. Nominal Term: 12 Months.

EA05/175 - Trafco Pty Ltd Enterprise Agreement 2004-2006

Made Between: Trafco Pty Ltd -&- The Australian Workers' Union, New South Wales . New/Variation: Replaces EA99/213. Approval and Commencement Date: Approved and commenced 4 May 2005. Description of Employees: The agreement applies to all employees employed by Trafco Propriety Limited, located at 6, Barnby Street, Murwillimbah NSW 2484, engaged on, or in connection with traffic control only in NSW, who fall within the coverage of the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award. Nominal Term: 16 Months.

EA05/176 - CRT Group Storage, Packing and Distribution Agreement 2005

Made Between: CRT Group Pty Limited -&- the National Union of Workers, New South Wales Branch.


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New/Variation: New. Approval and Commencement Date: Approved and commenced 19 May 2005. Description of Employees: The agreement applies to all employees employed by CRT Group Pty Limited, in respect of worked performed at Yennora Distribution Park, Byron Road, Guildford, NSW 2161, and associated sites operated by CRT which falls within the coverage of the Storemen and Packers, General (State) Award. Nominal Term: 12 Months.

EA05/177 - Electromaster Pty Ltd Mechanical Services Enterprise Agreement 2005

Made Between: Electromaster Pty Limited -&- the Electrical Trades Union of Australia, New South Wales Branch. New/Variation: New. Approval and Commencement Date: Approved and commenced 17 March 2005. Description of Employees: The agreement applies to all employees employed by Electromaster Pty Ltd, located at 127, Victoria Road, who fall within the coverage of the Electrical, Electronic and Communications Contracting Industry (State) Award, who are engaged upon construction work within the County of Cumberland. Nominal Term: 7 Months.

EA05/178 - Youngdown Pty Ltd, trading as Go-Lo Distribution Centre Enterprise Agreement 2005

Made Between: Youngdown Pty Ltd t/as Go-Lo -&- the National Union of Workers, New South Wales Branch. New/Variation: Replaces EA01/278. Approval and Commencement Date: Approved and commenced 20 May 2005. Description of Employees: The agreement applies to all employees employed by Youngdown Pty Ltd trading as Go-Lo at the Go-Lo distribution site, to cover the Go-Lo Distribution Centre, who fall within the coverage of the Storemen and Packers, General (State) Award. Nominal Term: 36 Months.

EA05/179 - The Arnott's Biscuits Limited Huntingwood Enterprise Agreement 2004

Made Between: Arnott's Biscuits Limited -&- the National Union of Workers, New South Wales Branch. New/Variation: Replaces EA03/28.


- 1099 -

Approval and Commencement Date: Approved and commenced 1 February 2005. Description of Employees: The agreement applies to all employees employed by Arnott's Biscuits Limited, at the Huntingwood Manufacturing Facility in production, packaging and maintenance in the classifications contained in clause 18. (It excludes staff employees as defined by the company) who fall within the coverage of the following awards: Biscuit and Cake Makers (State) Award; Electricians, &c. (State) Award; Metal, Engineering and Associated Industries (State) Award; and the Security Industry (State) Award. Nominal Term: 20 Months.



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INDUSTRIAL GAZETTE

VOLUME 352

INDEX

_________________________________________

Key to Abbreviations Used:

(ACC) — Award of Conciliation Commissioner/Committee. (AIC) — Award of Industrial Commission. (AIRC) — Award of Industrial Relations Commission. (AR) — Award Reprint (Consolidation). (ART) — Award of Retail Trade Industrial Tribunal. (CD) — Contract Determination. (ERR) — Erratum. (OCC) — Order of Conciliation Commissioner. (OIC) — Order of Industrial Commission. (OIRC) — Order of Industrial Relations Commission. (OIR) — Order of Industrial Registrar. (RIRC) — Reviewed Award. (RVIRC) — Variation - Reviewed Award. (VCC) — Variation by Conciliation Commissioner/Committee. (VCD) — Variation of Contract Determination. (VIC) — Variation by Industrial Commission. (VIR) — Variation by Industrial Registrar. (VIRC) — Variation by Industrial Relations Commission. (VRT) — Variation by Retail Trade Industrial Tribunal. (VSW) — Variation following State Wage Case.


- 1101 -

Index

Page

Awards and Determinations

Awards Made or Varied

A W Edwards Pty Limited Epping to Chatswood Rail Link Stat-East Works Project

(AIRC)

932

Actors (Theatrical) (State) (RVIRC) 122 Advertising Sales Representatives (State) (VSW) 356 Advertising Sales Representatives (Sydney Daily Newspapers) (VSW) 1094 Animal Food Makers, &c. (State) (VSW) 573 AWU Training Wage (State) Award 2002 (RVIRC) 147 Biscuit and Cake Makers (State) (VSW) 581 Boral EMU Plains Quarry (State) (AIRC) 386 Boral Peats Ridge Quarry (State) (RVIRC) 126 Boral St Peters Terminal (State) (RIRC) 833 Butter & Cheese and Other Dairy Products (Newcastle and Northern) (VSW) 775 Butter, Cheese & Other Dairy Products (State) (ERR) 374 Caltex/Kurnell Maintenance (RVIRC) 112 Cemetery and Crematoria Employees (State) 2005 (AIRC) 614 Charitable Sector Aged and Disability Care Services (State) Award 2003 (VIRC) 185 Cleaning and Building Services Contractors (State) (ERR) 378 Clothing Trades (State) (RVIRC) 105 Coles Myer Logistics Pty Ltd Goulburn and Somersby D.C. Consolidated Award 2004

(AIRC)

847

Crown Employees (Commissioned Officers, Department of Corrective Services) Interim Award 2003

(VIRC)

787

Crown Employees (Department Of Public Works and Services Wages Staff) Award 2002/2003

(RVIRC)

160

Crown Employees (Education Employees Department of Corrective Services) Consent Award 2004

(ERR)

1095

Crown Employees (General Managers, Superintendents, Managers Security and Deputy Superintendents, Department of Corrective Services) Award 2005

(AIRC)

602 Crown Employees (NSW Fire Brigades Firefighting Staff) Award 2005 (AIRC) 270 Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005

(AIRC)

424

Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award 2004

(AIRC)

465

Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries Interim Award 2004

(AIRC)

543

Draughting Employees, Planners, Technical Employees, &c. (State) (ERR) 373 Dry Cleaning (State) (RVIRC) 178 Entertainment and Broadcasting Industry - Cinema (State) (VIRC) 365 Funeral Industries (State) Award 2005 (AIRC) 657 Goldenfields Water County Council Enterprise Award 2004 (AIRC) 955 Grocery Products Manufacturing (State) (VSW) 583 Health Employees' (State) (ERR) 375 (ERR) 376 Inala Disability Services (State) (AIRC) 22 Innovation Campus Development Award 2005 (AIRC) 61 John Holland Pty Ltd Woolworths Wyong Regional Distribution Centre Project Award 2004

(AIRC)

1032


- 1102 -

Laundry Employees (State) (RVIRC) 135 M5 East - Operators Award 2005 (AIRC) 892 Marine Charter Vessels (State) (VSW) 780 Milk Treatment, &c., and Distribution (State) (RVIRC) 104 Miscellaneous Workers' Kindergarten and Child Care Centres (State) Training Wage

(VSW)

778

Motor Boats and Small Tugs (State) (VSW) 784 Motor Ferries (State) (VSW) 782 Nungera Co-operative Society Limited (State) Consent Award 2001 (RVIRC) 144 Nurses' (Department of Ageing, Disability & Home Care) (State) Award 2005

(AIRC)

246

P & O Cold Logistics Limited (NSW) Enterprise Award 2003 (AIRC) 1054 Pastrycooks (Specified Wholesalers) (VSW) 587 Pastrycooks, &c. (State) (RVIRC) 145 (VSW) 578 Pet Food Manufacturers (State) (VSW) 357 Potato Crisp Makers (State) (RVIRC) 120 Project Waratah Construction Consent Award 2005 (AIRC) 1010 Qantas Distribution Centre Project Award 2005 (AIRC) 1 Quality Bakers Australia Pty Limited (NSW) Enterprise Award 2002 (AIRC) 971 Real Estate Industry (State) Award 2003 (VSW) 772 Real Estate Industry (State) Training Wage (VSW) 773 Roofing Tile Makers (State) (RIRC) 804 Rubber Workers (State) (RVIRC) 130 (VSW) 576 Starch Manufacturers, &c. (State) (VSW) 363 Storemen and Packers, General (State) (VSW) 590 Storemen and Packers, Wholesale Drug Stores (State) (VSW) 361 Storemen and Packers, Wholesale Paint, Varnish and Colour Stores (State)

(VSW)

359

Storeworkers - IGA Distribution Pty Limited NSW Distribution Centres Interim Award, 2004

(AIRC)

548

Sydney Catchment Authority Consolidated Award 2002 (AR) 688 Sydney Olympic Park Visitors Services (State) Award 2002 (VSW) 777 Tanning Industry (State) (RVIRC) 136 Taragon Constructions George & Harris Streets Project Award 2005 (AIRC) 82 Teachers (Independent Schools Early Childhood Service Centres Other Than Pre-Schools) (State) Award 2005

(AIRC)

632

TransGrid Employees Award 2004 (AIRC) 188 Transport Industry - Car Carriers (NSW) Contract Determination (VCD) 367 Transport Industry - FJ Walker, McKey, TWU/USU Interim (AIRC) 597 Transport Industry - Mixed Enterprises (State) Superannuation (RVIRC) 158 Transport Industry - Quarried Materials (State) (RVIRC) 151 Turner Stephens Group - NUW Consent Award 2005 (AIRC) 1090 Tweed Ultima Project Award 2005 (AIRC) 912 Woolworth's Supermarkets and Warehouse Administration (State) (AIRC) 871


- 1103 -

Obsolete Awards

Clerical and Administrative Employees (OneSteel Wire Pty Ltd - Newcastle Ropery) 1096 Clerical and Administrative Employees (OneSteel Wire Pty Ltd - Newcastle Wiremill)

1097

Clerical and Administrative Employees (Tubemakers of Australia Limited, Newcastle)

1098

Flyash Industry Enterprise Agreement Consolidated Award 1996 382 Storeworkers - IGA Distribution Pty Limited NSW Distribution Centres Interim Award, 2004

592

Storeworkers - IGA Distribution Pty Limited NSW Distribution Centres Interim Award, 2002

593

State Wage Case 2005 794

Enterprise Agreements Approved by the Industrial Relations Commission 186 383 594 791 1099

new south wales industrial gazette · coles myer logistics pty ltd goulburn and somersby d.c....

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