GRIFFEN COAL (PRODUCTION) ENTERPRISE BARGAINING AGREEMENT 2005 - 2008
No. 10 of 2005
1.Title
(1)The terms and conditions of this document shall be known as the “Griffin Coal (Production) Enterprise Bargaining Agreement 2005-2008”.
(2)The Griffin Coal (Production) Enterprise Bargaining Agreement 2005-2008 shall replace the Griffin Coal (Production) Enterprise Agreement 2001-2004 with effect 10 July 2005.
2.Arrangement
1.Title
2.Arrangement
3.Scope and Parties Bound
4.Definitions
5.Objectives
6.Term of Agreement
7.Application
8.Contract of Service
9.Additional Work Arrangements and Reductions in Demarcations
10.Hours of Work and Rosters
11.Salaries and Other Benefits
12.Superannuation
13.Public Holidays
14.Annual Leave and Shut Down/s
15.Personal Leave
16.Long Service Leave
17.Bereavement Leave
18.Other Leave
19.Redundancies
20.Contractors
21.Fixed Term Employees
22.Union Meetings and Training
- Grievance Procedure
- Fair Treatment Procedure
- Employee Training
- Variations to Agreement
- Right of Entry of Union Officials
Schedule A – Salaries
Schedule B – Roster
3.Scope and Parties Bound
(1)The Griffin Coal (Production) Enterprise Bargaining Agreement shall apply to the operations of Griffin Coal Mining Company Pty Ltd in the CollieCoalBasin and its employees who are eligible to be members of the union party to it and employed in classifications bound by it.
(2)The parties to the Griffin Coal (Production) Enterprise Bargaining Agreement 2005-2008 are Griffin Coal Mining Company Pty Ltd and the Coal Miners Industrial Union of Workers of Western Australia.
4.Definitions
(1)The following definitions shall apply:
‘Act’means the Coal Industry Tribunal Act 1992 (WA) as amended from time to time.
‘Active Mine’As per Schedule C – Attachment 3
‘Agreement’means the Griffin Coal (Production) Enterprise Bargaining Agreement 2005-2008.
‘Ancillary work’means activities not directly related to production work which will be undertaken subject to the provisions of this Agreement and are as follows:
- exploration drilling;
- liberating laterite and subsequent crushing and screening;
- general cleaning of mine offices and facilities;
- deliveries to store;
- use of forklift;
- cranage and dogging;
- use of the wash down cart for cleaning equipment prior to and during maintenance; and
- delivery of machinery requiring maintenance, from the pit to the workshop and return ready for production use;
and provided that the Employer may engage contractors in accordance with Clause 20 – Contractors, to carry out the work described in the first two dot points above.
‘Award’means the Coal Mining Industry (Miners) Award 1990 as amended.
'Complying Fund'means any superannuation fund or scheme:
(a)that is a complying fund or scheme for the purposes of Part IX of the Income Tax Assessment Act 1936; and
(b)to which, under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme.
‘Constructionmeans construction, building, erection, establishment
Work’and drilling of bore fields, introduction of conveyor systems, process and transport systems and coal washery.
‘Employee’means any person engaged by the Employer under a contract of service to carry out production work.
‘Employer’means Griffin Coal Mining Company Pty Ltd.
‘Fixed termmeans any person engaged for a specific length of
Employee’time or for a specific task.
‘Ordinary rate’means the weekly salary rate applying in accordance with Schedule A - Salaries.
‘Panel’mean the production employees working on the same shift roster.
‘Production work’ means work that directly relates to the preparation and removal of overburden and the mining and delivery of coal, including but not limited to, the following:
- drilling and blasting of overburden and coal;
- preparation of the mining face involving use of dozers;
- mining of overburden and coal with excavators, front end loaders, draglines, scrapers, dozers or other equipment;
- transportation by trucks to the dumping point within each mine;
- control of active dumps by dozers;
- use of a low loader around the mine sites;
- crushing, preparation, stockpiling and loading of coal;
- any associated work involving the preparation of the face, dump or roadways. For example the use of graders, dozers or water carts in the incidental tasks directly associated with activities of overburden removal and coal mining;
- rehabilitation of slopes involving the dozing to final shape and topsoiling; and
- pumping and lubricating.
‘Shift’means the hours allocated to an employee in accordance with the work roster at each mine site or work place.
‘Shift swap’means a approved agreement between an employee on one panel and an employee on another panel to exchange a shift.
‘Staff’means employees who are not bound by either this Agreement or any registered agreement binding on maintenance employees.
‘Totallymeans plant and equipment that is deemed in- Unserviceable’ operable by the maintenance department for
production operators to continue to operate.
‘Tribunal’means the Coal Industry Tribunal of Western Australia.
‘the Union’means the Coal Miners Industrial Union of Workers of Western Australia.
‘Week’means seven consecutive calendar days.
‘Weeks pay’means the weekly salary rate applying in accordance with Schedule A – Salaries.
5.Objectives
(1)The principal objective of this Agreement is to secure the future of the Employer and employees covered by it through the establishment of efficient and effective operating practices which, in turn, will minimise the Employer’s cost of operations and lead to an expansion of operations.
(2)To achieve this objective:
(a)the parties jointly commit to a process of continuous improvement to make the mine operations as safe, cost efficient and productive as possible and to maximise the use of the Employer's resources for the purpose of maintaining or increasing demand for the Employer coal;
(b)management and employees will co-operate to achieve the objective and recognise that price and quality are the main factors which may contribute to making the Employer's coal more competitive with other energy sources; and
(c)the Employer intends to use the employees covered by this Agreement to carry out the production work as defined.
(3)(a)A subordinate objective is that the Employer maintain and expand its role in the community of Collie and surrounding areas; including consideration of the establishment of training schemes for young people during Christmas shut down periods, or other times, to prepare them for future employment in mining.
(b)The terms and conditions to apply under any such training scheme will be subject to prior agreement between the parties and may be different from those applying under this Agreement.
(c)Any agreement for the purposes of this subclause shall be recorded between the parties and certified in the CIT.
(d)It is open to the parties to jointly vary, amend or replace such agreement at any time provided the variation is registered in the CIT.
6.Term of Agreement
(1)The Agreement shall come into effect 10 July 2005and remain in effect until 30 June 2008.
(2)The terms and conditions of employment contained in this Agreement shall be deemed to have had effect from 10 July 2005.
(3)The parties shall commence negotiations no later than six months prior to the expiry of the Agreement for the purpose of replacing it at the end of its term.
(4)In the event that the Agreement is not replaced in accordance with (3) above it shall remain in force until it is either replaced or a party withdraws from it.
7.Application
(1)This Agreement shall operate to the exclusion of and shall override the award and agreements (whether written or unwritten, registered or unregistered) unless otherwise stated in the Agreement.
(2)(a)the Employer's existing policies relating to the Terms and Conditions of employment of employees will continue to apply, however where those policies are inconsistent with this Agreement, the terms of this Agreement shall prevail, and;
(b)Policies developed during the term of this Agreement shall be by the agreement between the parties and shall become agreements of the parties.
8.Contract of Service
(1)Subject to (3) below, the Employer may direct an employee to carry out all reasonable tasks within the employee’s skills, training, experience and knowledge and such other reasonable tasks incidental to the employee’s performance of their usual duties.
(2)And included in (1) above for the purposes of this Agreement, an employee may be directed to work in their primary work area or outside that area to perform tasks, which are incidental to work in their classification and as identified in Clause 9 - Additional Work Arrangements and Reduction in Demarcations, and Production Work as defined in Clause 4- Definitions.
(3)An employee shall not be obliged to work in a way contrary to safety standards or contrary to any statutory requirements or obligations applying to the work site.
(4)Any direction to an employee in accordance with (1) above shall be a matter for the Employer’s discretion.
(5)Temporary Term Assignments
(a)The Employer, after consultation with affected employees and the union, may assign employees temporarily to work on other of its mine sites to meet operational needs.
(b)Temporary term assignments not covered by (a) above may occur by agreement between the parties.
(c)The terms and conditions of this Agreement will apply for the duration of any fixed temporary assignment provided that when an employee on temporary term assignment carries out duties that are predominantly incorporated into a work team, the employee will be entitled to either the terms and conditions of this Agreement or the local terms and conditions, whichever is the higher.
(d)It is not intended that temporary term assignments will have the effect of changing the work arrangements of an employee on a permanent basis.
(e)The Employer shall not assign any employee bound by this Agreement to any workplace where protected action, as defined by the Workplace Relations Act 1996 as amended, is being undertaken.
(6)Stand Downs
(a)The Employer may stand down an employee if the employee cannot be usefully employed in productive work because of an industrial dispute or machinery breakdown.
(b)In the case of machinery breakdown, the right to stand down any employee will arise only if the breakdown has continued for four consecutive days (including the day of breakdown if it is a workday).
(c)An employee stood down in accordance with this subclause shall not be entitled to payment for the period of stand down.
(7)Training
The Employer will implement training of employees to facilitate and improve the operation of its mines and skills level of employees which will be aligned to the business needs.
(8) Notice of Termination of Employment by Employer
(a)Subject to (b) the following notice periods for termination of an employee’s contract of service shall be given by the Employer unless the termination is for serious misconduct.
Period of Continuous ServicePeriod of Notice
Up to 1 month1 day
More than 1 month up to 1 year1 week
From 1 year up to 3 years2 weeks
From 3 years up to 5 years3 weeks
From 5 years4 weeks
(b)An employee who at the time of being given notice of termination of their contract of service is over 45 years of age and has completed two years continuous service for the Employer shall be entitled to one week’s notice in addition to any notice prescribed in (a) above.
(c)The Employer may dismiss an employee at any time without notice for serious misconduct; in which case, the employee shall be due payment to the time of dismissal only and for any entitlements due but not taken by the date of dismissal.
(9)Notice of Termination of Employment by Employee
An employee shall give an equivalent period of notice of termination of their contract of service to the Employer as per the table in (8) (a) but the additional notice in (8) (b) shall not apply.
(10)The employee and the Employer may agree on a shorter period of notice to apply.
(11)Payment in Lieu of Notice
If the required notice is not given, the Employer or employee, as the case may be, shall pay/forfeit a sum equivalent to the salary which would have been due had that notice been given and worked out.
9.Additional Work Arrangements and Reduction in Demarcations
(1)Crane operator/General duties employees
(a)The Employer will engage two crane operators/general duties employees (one on each dayshift panel).
(b)These employees shall have the appropriate certification to operate cranes, forklifts, wash down equipment and to carry out the duties of a dogman.
(c)When these employees are absent on annual leave, long service leave or other leave in excess of one day and prior notice has been given of this absence, their work will be carried out by production employees or the Employer may use a fixed term employee to free up an appropriately qualified employee to carry out the duties.
(d)When the position/s arising under (1) (a) arefilled, the Employer may utilise an appropriately skilled employee from the maintenance or production department to carry out the following:
- to act as a dogman for lifts using the Employer's crane provided that for work involving a contracted crane, all loads are to be dogged by a production employee;
- to operate a forklift (in the workshop area or as a tool of trade on a maintenance location or to retrieve specific parts from the stores compound but not for general deliveries) with transport to location by a production employee if a low loader is required;
- to carry out the wash down equipment and the movement and filling of the wash down vehicle within the operation.
(e)Staff may operate the forklift in and around the immediate stores area for the purpose of securing goods within the compound, the transfer of goods from the compound to the store and for unloading the line hauler.
(2)Testing Within Maintenance
(a)From the time mine equipment becomes partially or totally unserviceable to the time it is returned to full service, qualified maintenance employees may test as appropriate, deliver to the workshopfrom the nearest ready line and deliver from the workshop to the nearest ready line in each pit, wash down and otherwise conduct all related or peripheral activities for the return to full operation of that equipment.
(b)There are four ready lines namely the Muja Maintenance workshop, Muja fuel island go bay, Ewington Maintenance workshop and EwingtonFuelIsland go bay.
(c)Testing in production or in operation of the low loader loaded is not included for the purposes of (a) above.
(d)All parties recognise that a tradesperson carrying out repairs on equipment has the right to test a machine to its capacity before they hand it back to production. If the machine requires load testing in a working situation, a competent production operator will perform this task.
(e)If maintenance requires to split the excavator or shovel from its current configuration or the fitting of rams or bucket pins, a competent production operator will be utilised to operate the equipment.
(3)Bathhouse Facilities and Cleaning Work
(a)The Employer may change the size of the Muja bathhouse to suit the requirements of employee numbers and, in so doing, will have regard for future labour increases at Ewington.
(b)The Employer shall maintain clean facilities for its employees.
(c)In addition to employees engaged pursuant to subclause (1)(a) of this Clause, two employees (one on each dayshift panel) will be employed to clean the workshop, and production employees’ bathhouse and in-pit crib hut facilities.
(d)(i)Subject to (ii) below, cleaning of the administration offices at Muja and Ewington and the main hall facility adjacent to the bathhouse at Muja will be undertaken by a contractor.
(ii)Prior to any contracting out of this work the union will have an opportunity to negotiate competitive terms and conditions for an employee or former employee to undertake the work.
(4)Rubbish Removal
The removal of rubbish from the mine site shall be done by a contractor who shall supply the necessary rubbish bins.
(5)Coal Samples
Samples for analysis may be collected and delivered from a central location on site by the authorised coal assayer or a production employee.
(6)Stores Delivery and Parts Movement
(a)Items purchased by the Employer on the basis of ‘free into store’ will be delivered to the site by the supplier.
(b)Local pick-ups shall be done by a general duties employee when available.
(c)(i)when maintenance employees need to move parts on a mine site or between mine sites as part of the particular maintenance function being undertaken an appropriate rated vehicle will be used to a maximum of five ton capacity.
(ii)A movement for the purposes of (i) above shall include the towing of tools such as a mobile welder.
(iii)Any hiab crane on such vehicle shall not be used to lift loads greater than 3.5 tonnes.
(d)(i)Other than as provided for in (c) above, the Employer shall, if a general duties employee is unavailable and the stores truck or its replacement needs to be used, direct another employee covered by this Agreement to operate the vehicle having regard for practical and efficient production needs at the time.
(ii)Any employee directed to carry out this work will have the appropriate skills and accreditation for it.
(e)The parties expect that the implementation of (b) and (d) above will result in an employee covered by this Agreement carrying out the work in nearly all instances.
10.Hours of Work and Rosters
(1)The average weekly hours of work for each employee shall be 42 worked in accordance with a four panel roster (12 hour shifts), two panel roster (12 hour shifts).
(2)Employees will work a roster sequence as per Schedule B - Roster.
(3)Shift start and finish times within a panel may be staggered and may be varied by mutual agreement.
(4)Each shift will start and finish at the nominated bathroom unless otherwise agreed.
(5)A total of 60 minutes for (12 hr rosters) paid crib and smoko breaks may be taken within a shift in accordance with the following:
(a)Breaks will be 2 x 30 minutes for 12 hr shifts or 1 x 30 / 2 x 15 minutes and will be determined by the shift panel and supervision by mutual agreement.
(b)All crib breaks and smoko breaks shall be taken in in-pit huts unless otherwise directed by management, in which case they shall be taken in a crib room with equivalent facilities.
(c)The time at which a crib break or smoko break is taken shall be as agreed between the panel and panel supervisor provided that in the event of no agreement being reached the maximum time without a break will be five hours.