1

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999

CSR Construction Materials Pty Ltd

AND

The Australian Workers' Union of Employees, Queensland

AND

Australian Manufacturing, Electrical, Printing and

Kindred Industries Union

(No. CA352 of 1999)

THE CSR CONSTRUCTION MATERIALS BRISBANE AND GOLD COAST QUARRIES

CERTIFIED AGREEMENT 1999.

COMMISSIONER BLOOMFIELD

10 August 1999

APPLICATION FOR CERTIFICATION OF AGREEMENT

THIS AGREEMENT, made pursuant to Section 142 of the Industrial Relations Act 1999, this thirtieth day of June 1999 between CSR and the Australian Workers' Union of Employees, Queensland and the Australian Manufacturing, Electrical, Printing and Kindred Industries Union, witness that the parties agree as follows:

Certified Agreement No. CA436 of 1997 is hereby cancelled

1.TITLE

This Agreement shall be known as the CSR Construction Materials Brisbane and Gold Coast Quarries Certified Agreement 1999.

2.ARRANGEMENT

ClauseSubject Matter

1.Title

2.Arrangement

3.Application Of and Parties to this Agreement

4.Date and Duration of Agreement

5.Relationship to Parent Award

6.Productivity Improvements - General

7.Measures to Improve Safety, Quality, Productivity and Efficiency

8. Safety

9. Improvements from previous agreements

10.Equal Employment Opportunity

11.Dispute Settling Procedure

12.No Extra Claims

13.Training and Employee Development

14.Technology

15.Conditions of Employment

15.1Long Service Leave

15.2Annual Leave Loading

15.3Hours of Work, Overtime, and Meal Allowance.

16.Salaries

17.Redundancy

18.Signatures to Agreement

Appendix AAgreement of Employees

Appendix BSalary Schedule

Appendix CKey Performance Indicators

3.APPLICATION AND PARTIES TO THE AGREEMENT

This agreement shall apply to and be binding upon CSR Limited trading as CSRConstruction Materials (“the company”) with respect to its quarrying operations at:

  • Petrie
  • Ipswich
  • Beenleigh
  • Stapylton
  • Oxley Creek
  • Oxenford
  • Beenleigh Mobile Workshop

and, The Australian Workers Union of Employees, Queensland (AWU), The Australian Manufacturing Workers Union (AMWU) and all employees of the company who are engaged in any of the occupations or callings described in Appendix B and who are members or eligible to be members of the Union.

4.DATE AND DURATION OF AGREEMENT

This agreement shall operate from the 2nd July 1999 provided agreement is reached by all parties prior to that date, and shall remain in force until the 30th June 2001. This agreement shall continue to be binding on the parties hereto beyond this date until replaced by another certified agreement.

The parties agree to review this agreement in it’s entirety no later than (12) weeks prior to the date of expiry.

The parties also agree to monitor progress towards goals as outlined below in clause 7.0.

5.RELATIONSHIP TO PARENT AWARD

This agreement shall be read and interpreted solely in conjunction with the following:

  • The Quarry, Crushed Stone, Sand and Gravel Award - State
  • The Engineering Award - State

This agreement shall prevail over the above mentioned awards to the extent of any inconsistency.

6. PRODUCTIVITY IMPROVEMENT - GENERAL

The company has developed a broad framework to help with improving the performance of the business. Every employee is important to the company in the process of continuously improving the way we do things, in order to better satisfy our customers’ requirements, to increase the quality of our products and the efficiency with which we produce them.

The company’s Challenge 2000 programme is the keystone of our quality programme.

Targets have been set under this programme for key performance.

All employees will receive appropriate training in the philosophy of continuous improvement and problem-solving and will be expected to participate in the improvement process.

7. MEASURES TO IMPROVE SAFETY, QUALITY, PRODUCTIVITY, AND EFFICIENCY.

Key areas have been identified in the company’s operation as measures designed to effect real and demonstrable gains in safety, quality, productivity and efficiency.

These key areas are listed in the company’s annual business plan as amended from time to time and employees agree to work towards achievement of the goals set out in the business plan.

The company recognises the broad range of skills which employees already have and encourages employees to acquire additional skills and to utilise them to the fullest extent of their competence.

The parties to the agreement agree to set up a process whereby key performance goals, as set out in the annual business plans, are discussed at the start of the financial year with each production team and actions for improvement plans are set out for each team (and individual team members where applicable).

These actions and tracking of results against the key performance goals will be included for discussion on the agenda of team meetings at least monthly with a final review of results at the close of the financial year.

Key Performance Indicators for each individual quarry are attached as Appendix C.

8.SAFETY

The parties are committed to the personal safety of all personnel and contractors. To this end, both management and employees seek to achieve a reduction in injuries to a nil level. They are also responsible for ensuring that the safety improvement teams take ownership of safety and drive safety from the ground up, to have involvement from all personnel and contractors.

  • People to take individual responsibility for their own safety performance
  • Participation and attendance of SIT meetings
  • Encourage the use of CSR's alternative duties return to work programme
  • To follow CSR's incident reporting procedure
  • To investigate all incidents and action as needed
  • Be proactive in hazard identification
  • Conduct contractor, visitors, and new employee inductions
  • Adherence to CSR Readymix's Safety Discipline Policy

9. IMPROVEMENTS FROM PREVIOUS AGREEMENTS

All parties agree that improvements made as result of provisions of previous site certified agreements are to be sustained and locked into the site processes for future benefit to the business.

10.EQUAL EMPLOYMENT OPPORTUNITY

The parties recognise that all employees have the right to a productive, harassment-free and fulfilling working life.

The parties further recognise that discrimination in its various forms may prevent employees from fully participating in the operations of the company.

Accordingly, the parties agree that any form of discrimination on the basis of sex, sexuality, race, political or religious beliefs, age, union activity or membership or any other form of discrimination will not be tolerated in the workplace.

11.DISPUTE SETTLING PROCEDURE

(1)The parties agree that during the course of resolving a dispute in accordance with this procedure, work shall continue and the status quo as applying before the dispute shall be maintained. No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this clause.

(2)Any dispute arising from this agreement or any grievance, complaint, dispute or matter likely to create a dispute shall be resolved as soon as possible by adopting the following procedure:

a)the matter shall first be discussed between the employee affected and the Quarry Manager;

b)if not settled, the employee shall speak to the Quarry Operations Manager, who will investigate and try to resolve the issue;

c)if not settled, the employee may refer the matter to the union, who will then discuss the matter with company representatives.

(3)If the grievance, complaint, dispute or likely dispute continues to remain unresolved the union shall have the right on behalf of the employee to meet with appropriate company management or their senior personnel representative.

(4)While the matter in dispute is being discussed in accordance with this procedure work shall continue as normal and the status quo applying before the dispute shall be maintained. Investigation and resolution of the dispute should be conducted without undue delay.

(5)During the investigation process the company or the union may at any time request and receive such information relevant to the matter in dispute, subject at all times to the law relating to legal privilege.

(6)If the matter is not resolved then either party shall have the right to refer the matter to the Queensland Industrial Relations Commission for conciliation, subject to the Commission having jurisdiction over these matters.

12.NO EXTRA CLAIMS

The parties agree that there shall be no extra claims relating to wages and conditions of employment during the period of this agreement.

13.TRAINING AND EMPLOYEE DEVELOPMENT

All parties agree to participate in a skills assessment programme, conforming to the National Guidelines for the Extractive Industry, to assess the levels of competency required for Quarry industry employees. All training thereafter will be competency based.

14.TECHNOLOGY

All parties agree that new technologies will be supported to achieve the objectives of the Company. This includes the implementation and subsequent use of the SAP computer software and the implementation of the national Maintenance Matrix. A commitment to the full implementation of the National Maintenance Matrix will be required to ensure completion by June 2000. Measurement of the Matrix will be through KPI’s to monitor performance and the benefit to the company.

The KPI’s will be introduced prior to June 2000 and will be agreed by both parties ie. CSR and employees.

15.CONDITIONS OF EMPLOYMENT

The following conditions of employment shall be applied during the life of the Agreement.

15.1LONG SERVICE LEAVE

All employees covered by this Agreement are eligible for long service leave on full salary after periods of continuous employment by the company as set out below.

Long service leave entitlement accrues at the following rate:-

  • for service prior to 1st July 1998, LSL will accrue at 13 weeks for 15 years of continuous service.
  • from 1st July 1998, LSL accruals will be at the following rates:

a) 1.0 weeks per year of continuous service since 1st July 1998.

b) 1.4 weeks per year of continuous service since 1st July 1998 once 15 years of service from that date has been reached.

  • pro rata long service leave is payable on termination after ten years continuous service, or seven years continuous service after 1st July 1998.
  • LSL may be taken, subject to approval, after 7 years continuous service after 1st July 1998, or a total of 10 years combined continuous service (pre 1998 and post 1998).

EXAMPLE

Example / Entitlement
5 years prior to 1.7.98 and 5 years post 1.7.98 / 5years at .87weeks per annum plus 5years at 1 week per annum
= 4.35 weeks plus 5 weeks = 9.35 weeks.
10 years prior to 1.7.98 and 10 years post 1.7.98 / 10years at .87weeks per annum plus 10years at 1 week per annum
= 8.7 weeks plus 10 weeks = 18.7 weeks
10 years prior to 1.7.98 and 15 years post 1.7.98 / 10years at .87weeks per annum plus 15years at 1.4 weeks per annum = 8.7 weeks plus 21 weeks = 29.7 weeks
2 years prior to 1.7.98 and 2 years post 1.7.98 / No entitlement until 5 years post 1.7.98

15.2ANNUAL LEAVE LOADING

An employee shall receive a loading of 25% on ordinary pay for annual leave which has accrued in the 12 months to the 31st December each year. This payment shall not exceed a ceiling of $1200.00 per year. The payment of loading shall be paid in December each year.

In circumstances of termination between July and December, the loading accrued at 30 June shall be paid on termination. Further the loading shall apply on proportionate leave on termination provided the employee has one month’s service on a pro-rata basis for the length of employment.

15.3HOURS OF WORK, OVERTIME AND MEAL ALLOWANCE

(a)Hours of Work

Any alteration of existing starting and finishing times of work at any establishment, factory or office shall be agreed upon between the Company and the employee.

Employees shall be allowed reasonable meal breaks at such times and of such duration as is agreed between the company and the employees concerned.

(b)Overtime

Overtime shall be paid in accordance with the Quarry, Crushed Stone, Sand and Gravel Award, and the Engineering Award , (i.e. All work done in excess of the ordinary working hours shall be paid for at the rate of time and one half for the first three hours and double time thereafter).

(c)Meal Allowance

(i)An employee required to work overtime in excess of two hours after the completion of his or her ordinary working hours shall be paid a meal allowance of $9.66 for the first meal and for each subsequent meal after a further four hours overtime if required to continue working after such four hours.

(ii)A meal allowance is not payable where:

(1)the Company provides the employee with a meal;

(2)the employee can conveniently return home for a meal;

(3)the employee has been notified on the previous day or earlier that he or she will be required to work overtime.

(iii)If an employee pursuant to notice has provided a meal or meals and is not required to work overtime, the employee shall be paid as prescribed above for meals provided but which are surplus.

(iv) An employee who is required to work for more than two hours beyond his/her normal ceasing time in any day shall be allowed a break of thirty minutes at ordinary rates. After each further four hours worked an employee shall be entitled to crib time of 30 minutes without deduction of pay, if the employee continues working after such crib time.

The employee and employer may agree to any variation of these provisions to suit the circumstances of the work in hand. Provided that the employer shall not be required to make payment in respect of any time allowed in excess of 30 minutes.

The employer may organise meal breaks to be taken at such times that they will not interfere with the continuity of work

16.SALARIES

Salaries shall be paid fortnightly to a nominated financial institution by electronic funds transfer.

The salary for each classification shall be in accordance with Appendix B.

A salary increase of 2.5% on the current base rate will be paid to all employees under the agreement from 2nd July 1999. Upon successful attainment of all the agreed KPI’s, employees will receive an additional 2.5% rise at the conclusion of the first year of the Agreement.

All parties agree that during the period of this Agreement the Company may investigate methods of payment of salaries on an annualised basis for inclusion in a future agreement.

17.REDUNDANCY

NOTICE
Period of Continuous Service / Period of 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

An employee over 45 years of age with not less than two years continuous service will be entitled to an additional one week of notice.

SEVERANCE:

Two weeks pay for each year of service to a maximum of 30 weeks. Paid on a pro rata basis of completed years and months service.

18.SIGNATURES TO AGREEMENT

Signed For And On Behalf Of CSR Construction Materials}A HENDY

In the presence of -SIGNED

Signed For And On Behalf Of Australian Workers Union}W P LUDWIG

In the presence of -Y D'ATH

Signed For And On Behalf Of Australian Manufacturing}

Workers Union}S CUMISKEY

In the presence of-D H HARRISON

APPENDIX AAGREEMENT OF EMPLOYEES

We, the employees whose signatures appear below, agree with the terms and conditions contained herein and will comply with those conditions.

NAMESIGNATUREDATE

B BURR / SIGNED / 30/6/99
B NOONAN / SIGNED / 30/6/99
J WAHL / SIGNED / 30/6/99
J THOMPSON / SIGNED / 30/6/99
W SHOEBRIDGE / SIGNED / 30/6/99
B MARTIN / SIGNED / 30/6/99
M WILSON / SIGNED / 30/6/99

APPENDIX B SALARY SCHEDULE

CURRENT RATES: Quarry Crushed Stone, Sand and Gravel.

Oxley
Creek / Petrie / Ipswich / Beenleigh / Oxenford / Stapylton
Level 1 / $ / week / 446.09 / 446.35 / 451.73 / 442.14 / 442.14 / 425.09
Level 2 / $ / week / 474.65 / 475.71 / 480.77 / 471.19 / 471.19 / 453.04
Level 3 / $ / week / 502.69 / 502.98 / 507.77 / 498.21 / 498.21 / 479.03
Level 4 / $ / week / 544.04 / 544.35 / 548.67 / 539.17 / 539.17 / 518.40
Level 5 / $ / week / 571.92 / 571.62 / 575.52 / 566.15 / 566.15 / 545.35

CURRENT RATES: Engineering Award.

Oxley
Creek / Petrie / Ipswich / Beenleigh / Oxenford / Stapylton
Fitter / $ / week / 544.04 / 544.35 / 548.67 / 539.17 / 539.17 / 518.40

PROPOSED RATES (increase 2/7/99): Quarry Crushed Stone, Sand and Gravel.

Oxley
Creek / Petrie / Ipswich / Beenleigh / Oxenford / Stapylton*
Level 1 / $ / week / 457.24 / 457.51 / 463.02 / 453.19 / 453.19 / 439.21
Level 2 / $ / week / 486.52 / 487.60 / 492.79 / 482.97 / 482.97 / 468.09
Level 3 / $ / week / 515.26 / 515.55 / 520.46 / 510.67 / 510.67 / 494.94
Level 4 / $ / week / 557.64 / 557.96 / 562.39 / 552.65 / 552.65 / 535.62
Level 5 / $ / week / 586.22 / 585.91 / 589.91 / 580.30 / 580.30 / 563.24

PROPOSED RATES: Engineering Award.

Oxley
Creek / Petrie / Ipswich / Beenleigh / Oxenford / Stapylton
*
Fitter / $ / week / 557.64 / 557.96 / 562.39 / 552.65 / 552.65 / 535.62

PROPOSED RATES (increase 2/7/00 if KPIs achieved): Quarry Crushed Stone, Sand and Gravel.

Oxley
Creek / Petrie / Ipswich / Beenleigh / Oxenford / Stapylton
*
Level 1 / $ / week / 468.67 / 468.95 / 474.60 / 464.52 / 464.52 / 453.06
Level 2 / $ / week / 498.68 / 499.79 / 505.11 / 495.04 / 495.04 / 482.84
Level 3 / $ / week / 528.14 / 528.44 / 533.47 / 523.44 / 523.44 / 510.53
Level 4 / $ / week / 571.58 / 571.91 / 576.45 / 566.47 / 566.47 / 552.50
Level 5 / $ / week / 600.88 / 600.56 / 604.66 / 594.81 / 594.81 / 580.82

PROPOSED RATES: Engineering Award.

Oxley
Creek / Petrie / Ipswich / Beenleigh / Oxenford / Stapylton
*
Fitter / $ / week / 571.58 / 571.91 / 576.45 / 566.47 / 566.47 / 552.50
  • Stapylton - rate adjustment to close gap between Stapylton and Beenleigh 20% per annum as agreed in Brisbane and Gold Coast quarries Certified Agreement 1998.

APPENDIX C: KEY PERFORMANCE INDICATORS (Page 1 of 2)

( To be Monitored and Maintained by all sites )

No / Issue / Current / New / Target / Improvement Measure
1. / Safety Matrix Compliance / 74% /
  • 85%
/
  • 11%

2. / Safety / Housekeeping Audit
  • Number of completed audits
/ 12 /
  • 12 per site per year
/
  • Maintain

  • Average % compliance
/ 80% /
  • 85%
/
  • 5%

3. /
  • Utilisation of Fixed Plant
/
  • 90%

  • Utilisation of Mobile Plant
/
  • 90%

  • Efficiency of Fixed Plant
As per Challenge 2000 criteria /
  • 95%

4. / Quality Control:
The specific requirements in clause 4 relate to critical settings such as CSS & motor amps. Strict monitoring of these are required to maximise Quality eg. Shape and TPH Throughput. / Measure
  • Petrie Quarry
/
  • Specific Crusher Aggregate Settings
/
  • Monthly Report

  • Tivoli Quarry
/
  • Specific Crusher Aggregate Settings
/
  • Monthly Report

  • Monitor and Control Production Split Imbalances
/
  • Monthly Report

  • Beenleigh
/
  • Specific Crusher Aggregate Settings
/
  • Monthly Report

  • Stapylton
/
  • Specific Crusher Amps
/
  • Monthly Report

  • Oxenford S & G
/
  • Specific Critical Motor Amps
/
  • Monthly Report

  • Oxley Creek
/
  • Product Contamination
/
  • By QIR’s

  • Maintain minimum stock levels on special products
/
  • Monthly Report

  • Beenleigh Mobile Workshop
/
  • Monitor and Control the Number of jobs Requiring Rework
/
  • Monthly Report

APPENDIX C: KEY PERFORMANCE INDICATORS (Page 2 of 2)

( To be Monitored and Maintained by all sites )

No / Issue / Current / New / Target / Improvement Measure
5. / Absenteeism and Sick Days / 190 per year /
  • Total = < 168. (Which = 2 per site per month)
  • Site Total = < 24
/
  • 12% decrease

6. / Multi Skilling / Training Plan /
  • 40% of employees rated as competent (as per Training Plan) as assessed in mutual consultation with the Quarry Manager.
/
  • 40%

7. / Commitment to Preventive Maintenance Efficiency on Fixed and Mobile Plant (as per Challenge 2000 criteria)
  • Daily / Weekly / Monthly Scheduled Maintenance Check Sheets to be strictly adhered to, with the emphasis on Preventive / Predictive maintenance. This means a visual inspection / report to any section of any fixed plant or mobile equipment which could cause loss of productivity / downtime or an increase in crisis maintenance.
/ Crisis maintenance:
  • Petrie Q. = <20%
  • Tivoli Q. = <20%
  • Beenleigh = <15%
  • Stapylton = <20%
  • Oxenford S&G = <20%
  • Oxley Creek = <20%
/
  • To achieve less than Target percentages

  • Monitor the number of jobs requested by Managers to be performed after hours.
/ 46 /
  • Beenleigh Mobile Workshop = < 36
/
  • 22%

8. / Product Quality Non-conformance’s (due to operator error). /
  • 1 per site per year Total = < 7

9. / Fixed Plant Maintenance Day Efficiency
  • % of jobs completed against jobs set on Action Plan.
/
  • 90% achieved.

10. / Opportunities for Improvement Ideas to align with Challenge 2000 guidelines. /
  • Provide 6 per site.

This agreement is certified under the Industrial Relations Act 1999, chapter 6 part 1.