BLUESCOPE STEEL LIMITED - SPRINGHILL AND CRM EMPLOYEES AWARD 2004
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notification under section 130 by BlueScope Steel (AIS) Pty Ltd and another of a dispute with The Australian Workers' Union, New South Wales and others re negotiations for a new enterprise agreement.
(No. IRC 400 & 2167 of 2004)
The Honourable Justice Walton, Vice-President / 4 August 2004Mr Deputy President Sams
Mr Deputy President Grayson
Commissioner O'Neill
AWARD
PART A - GENERAL CONDITIONS
DIVISION 1 - APPLICATION AND OPERATION OF AWARD
1. Award Title
This award is entitled BlueScope Steel Limited Springhill and CRM Employees Award 2004.
2. Arrangement
Clause No. Subject Matter
PART A - GENERAL CONDITIONS
DIVISION 1 - APPLICATION AND OPERATION OF AWARD
1. Award Title
2. Arrangement
3. Area, Incidence and Duration
4. Definitions
5. No Extra Claims
DIVISION 2 - RATES OF PAY AND RELATED MATTERS
6. Rates of Pay
7. Superannuation
8. Special Rates (All Purpose)
9. Disability Rates
10. Maximum Payment
11. Retention of Rate
12. Time and Payment of Wages
DIVISION 3 - HOURS OF WORK
13. Hours of Duty
14. Employees Presenting Themselves for Work and Not Required
DIVISION 4 - SHIFT WORK AND OVERTIME
15. Shift Work Allowances for Shift Workers
16. Saturday Rates for Shift Workers
17. Shift Workers whose Ordinary Working Period includes Sundays and Public Holidays as Ordinary Working Days
18. Sunday and Public Holiday Rates
19. Night Work for Day Workers and Day Shift Workers
20. Transfer of Day Workers from Day Work to Shift Work
21. Transfer of Shift Workers
22. Overtime
DIVISION 5 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
23. Public Holidays
24. Sick Leave
25. Personal/Carer’s Leave
26. Annual Leave
27. Days Added to the Period of Annual Leave or Long Service Leave
28. Long Service Leave
29. Jury Service
30. Compassionate Leave
31. Parental Leave
DIVISION 6 - EMPLOYMENT RELATIONSHIP
32. Contract of Employment
33. Requirements to Work in Accordance with the Needs of the Industry
34. Termination of Employment Due to Retrenchment or Redundancy
35. Anti-Discrimination
36. Procedure for Resolving Claims, Issues and Disputes
37. Regulation of Disturbances to Production and Supply
DIVISION 7 - MISCELLANEOUS
38. Delegates
39. Payroll Deduction of Union Membership Fees
40. Apprentices
41. Travelling Time and Fares
42. Department Work Redesign Agreements
PART B - AGREEMENTS
DIVISION 1 - GENERAL AGREEMENTS
43. Payment for Training
44. Lump Sum Payment Scheme
DIVISION 2 - WORK REDESIGN AGREEMENTS
45. Metal Coating Lines
46. Maintenance
PART C - MONETARY RATES - RESTRUCTURED CLASSIFICATIONS
Table 1 - Restructured Ironworker Rates of Pay
Table 2 - Graded Trades Rates of Pay
Table 3 - Apprentices
Table 4 - Annualised Salary Rates of Pay
Table 5 - Other Rates and Allowances
PART D - APPENDIX - UNRESTRUCTURED CLASSIFICATIONS
A. Application
B. Leading Hands
C. Mixed Functions
D. Tool Allowance
E. Rates of Pay - Unrestructured Classifications
PART E - SCHEDULE
Schedule 1 - Procedure to Meet Urgent Customer Needs
3. Area, Incidence and Duration
3.1 Awards Rescinded and Replaced - This award rescinds and replaces the BHP Steel (JLA) Pty Ltd - Springhill and CRM Works Employees Award 2001 published 8 March 2002 (331 IG 1257), and the BlueScope Steel Port Kembla Operations Interim Award 2004 published 11 June 2004 (344 IG 826).
3.2 Application - This award applies to all employees (including apprentices within clause 40, Apprentices) of BlueScope Steel Limited at Port Kembla employed in classifications contained in this Award.
3.3 Parties to this Award - The parties to this award are:
3.3.1 BlueScope Steel Limited at Port Kembla;
3.3.2 The Australian Workers' Union, New South Wales;
3.3.3 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; and
3.3.4 Electrical Trades Union of Australia, New South Wales Branch.
3.4 Effective Date - This award takes effect on and from the first pay period beginning on or after 18 March 2004 and remains in force for a period of 3 years (the nominal term).
4. Definitions
In this award the following definitions apply:
4.1 "Day Workers" are employees excluding Shift Workers, but including employees on night work within clause 19, Night Work for Day Workers and Day Shift Workers, of this award.
4.2 "Shift Workers" are employees working on a two or three shift system, or a one shift system whose ordinary hours include weekend shifts. For Shift Workers, each day, including Sunday and Public Holidays is considered as being the day on which the majority of the shift falls.
4.3 "Monday to Saturday Shift Workers" means Shift Workers whose ordinary working hours are between Monday to Saturday.
4.4 "Annual Leave Rate of Pay" means:
4.4.1 In the case of:
(a) annual leave under clause 26, Annual Leave, of this award and clause 27, Days Added to the Period of Annual Leave or Long Service Leave, of this award taken by an employee immediately before or after leave under the Annual Holidays Act 1944 (NSW); or
(b) payment in respect of annual leave or days added to the period of annual leave being made to employees under clauses 26 and 27 of this award upon the termination of the employment of an employee at the same time as payment is being made under the Annual Holidays Act 1944 (NSW), in respect of such termination, the ordinary pay of the employee is calculated in accordance with the Annual Holidays Act 1944 (NSW), for the leave taken or payments made under that Act.
4.4.2 In the case of annual leave under clause 26 of this award and days added to the period of annual leave under clause 27 of this award being taken otherwise than immediately before or after leave under the Annual Holidays Act 1944 (NSW), the ordinary pay of the employee is calculated in accordance with the Annual Holidays Act 1944 (NSW), as if such leave had been taken under the Act.
4.5 "Company" means BlueScope Steel Limited.
5. No Extra Claims
5.1 General - It is a term of this award that the unions (with whom this award is made) undertake, for the period until 18 March 2007 not to raise any further claims, award or overaward, including claims arising from national or state wage cases. There will be agreed scope to arbitrate, if necessary, unresolved issues about classification restructuring or work value claims.
5.2 Leave Reserved - Leave is reserved to apply in respect of:
(a) hours of work;
(b) the addition of annualised salary agreements to Division 2 - Work Redesign Agreements, of Part B - Agreements; and
(c) Trade Union Training Leave
DIVISION 2 - RATES OF PAY AND RELATED MATTERS
6. Rates of Pay
6.1 Rates of Pay - The minimum rates of pay for any classification, subject to the other provisions of this award, are set out in Table 1 - Restructured Ironworker Rates of Pay, Table 2 - Graded Trades Rates of Pay, Table 3 - Apprentices and Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications, and Part D - Appendix - Unrestructured Classifications of this award. These rates are inclusive of the adult basic wage of $121.40.
6.2 Restructured Rates of Pay - The classifications appearing in Part C - Monetary Rates - Restructured Classifications of this award are new classifications which have been established as a result of restructuring processes carried out in the departments and sections of Springhill and CRM at Port Kembla in which the new classifications appear.
6.3 Mixed Functions - Clause C, Mixed Functions, appearing in Part D - Appendix - Unrestructured Classifications of this award has no application in relation to employees employed in classifications appearing in Part C - Monetary Rates - Restructured Classifications of this award.
6.4 Leading Hands - Clause B, Leading Hands, appearing in Part D - Appendix - Unrestructured Classifications of this award has no application in relation to employees employed in classifications appearing in Part C - Monetary Rates - Restructured Classifications of this award.
6.5 Retention of Rate - Clause 11, Retention of Rate, of this award has no application to the classifications appearing in Table 2 - Graded Trades Rates of Pay of Part C - Monetary Rates - Restructured Classifications of this award.
6.6 Ordinary Rate - In addition to the award rate of pay prescribed for the purpose of subclause 6.1, an employee will be paid the applicable over award or bonus for the employee's classification to make up the employee's ordinary or weekly rate of pay.
6.7 The base rates of pay and allowances provided for in Parts C and D of this award will be increased by:
4.5% effective from the first full pay period on or after 18 March 2005; and
a further 4.5% effective from the first full pay period on or after 18 March 2006,
with the exception of the overtime meal allowance.
7. Superannuation
7.1 Superannuation Legislation
The subject of superannuation is dealt with exhaustively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth), and section 124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. Subject to this legislation, superannuation is also dealt with by the trust deed and rules of the BlueScope Steel Superannuation Fund and the Superannuation Trust of Australia and relevant agreements made from time to time between the Company and the unions party to this award, including the BHP Steel - Superannuation Review dated 25 October 1995.
7.2 Salary Sacrifice
7.2.1 Despite any other provisions of this award, for the purpose of calculating ordinary time earnings, the rate of pay per week prescribed for the purpose of clause 6, Rates of Pay, of this award is reduced by the amount which an employee elects by notice in writing to the Company to sacrifice in order to enable the Company to make a superannuation contribution for the benefit of the employee.
7.2.2 Election Form - For an employee’s election to be valid the employee must complete an election form provided by the Company.
7.2.3 Leave - The reduced rate of pay and the superannuation contributions provided for in this subclause apply for periods of annual leave, long service leave, and other periods of paid leave.
7.2.4 Calculation of other payments - All other award payments, including termination payments, calculated by reference to the employee’s rate of pay will be calculated by reference to the rate of pay per week prescribed for the employee for the purpose of clause 6, Rates of Pay, of this award.
7.2.5 Revoking Election - Unless otherwise agreed by the Company, an employee may only revoke or vary his or her election once in each twelve months. Not less than one month's written notice will be given by an employee of revocation or variation of the employee’s election.
7.2.6 Termination of Scheme - If at any time while an employee’s election is in force, there are changes in taxation or superannuation laws, practice or rulings, that materially alter the benefit to the employee or the cost to the Company of acting in accordance with the election, either the employee or the Company may, upon one month's notice in writing to the other, terminate the election.
7.2.7 Superannuation Guarantee - The Company will not use any superannuation contribution made in accordance with an employee’s election to meet its minimum employer obligation under the Superannuation Guarantee (Administration) Act 1992 (Cth) or any legislation which succeeds or replaces it.
8. Special Rates (All Purpose)
In addition to the rates of pay prescribed for the purposes of clause 6, Rates of Pay, the following special rates will apply:
8.1 Electrical Trades Licences - An additional amount as set out in Item 1 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications, will be paid per 38-hour week to an employee employed and working as an electrical tradesperson possessing a Qualified Supervisor's Certificate (Electrician) or a Certificate of Registration (Electrician) issued by the appropriate authority.
8.2 Scaffolder’s Licence - An additional amount as set out in Item 2 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications, will be paid per 38-hour week to a rigger and/or roper and/or splicer who holds a Certificate of Competency as a rigger under the Occupational Heath and Safety Regulation 2001 (NSW) and who possesses and uses a Certificate of Competency as a scaffolder under the Act. These allowances are not cumulative.
8.3 All Purposes - The allowances arising from this clause are paid for all purposes of the award, except where otherwise prescribed.
9. Disability Rates
In addition to the rates of pay prescribed for the purposes of clause 6, Rates of Pay, the following special rates will apply:
9.1 General
9.1.1 Hot Places - Electrical and mechanical tradespersons and maintenance non-trades employees working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius will be paid an allowance per hour extra as set out in Item 3 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications. This is subject to the following: