AP822096CRV - Oil and Gas Industry Bulk Liquid Terminals Award 2002

This Fair Work Australia consolidated award incorporates all amendments up to and including 15 October 2008 (variation PR983995).

Clauses affected by the most recent amendment(s) are:

20. Allowances

23. Overtime

24. Shift work

33. Distant work

Appendix A - Meal Allowance - Vopak Terminals Sydney Pty Ltd, Matraville

About this Award:
This award supersedes the Oil and Gas Industry Bulk Liquid Terminals Award 1996 [AW792007].

Printed by authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.


AP822096CRV [Pre-reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
C No. 00815 of 1999

s.113 applications for variation

Terminals Pty Ltd and others
(C2001/5321)

National Union of Workers
(C2001/5184)

OIL AND GAS INDUSTRY BULK LIQUID TERMINALS AWARD 1996
(ODN C No. 00597 of 1978)
[Print N3574 [AW792007]]

Award simplification.

AWARD

Further to a decision of the Commission given on 12 September 2002 the above award is varied as follows:

1. By deleting all clauses of the award and inserting the following:

PART 1 - APPLICATION AND OPERATION OF AWARD
1. AWARD TITLE

This award shall be known as the Oil and Gas Industry Bulk Liquid Terminals Award 2002.

2. ARRANGEMENT

[2 amended by PR949147]

This award is arranged as follows:

Part 1 - Application and operation of award

1. Award title
2. Arrangement [PR949147]
3. Anti-discrimination
4. Definitions
5. Commencement date of award and period of operation
6. Coverage of award
7. Parties bound
8. Relationship with other awards

8.1 Succession of previous awards

8.2 Relationship to National Training Wage Award 2000

8.3 Savings clause

Part 2 - Award flexibility

9. Enterprise flexibility provisions

Part 3 - Communication, consultation and dispute resolution

10. Procedures for the avoidance of industrial disputes [PR949147]

10.9 Noticeboard

Part 4 - Employer and employees’ duties, employment relationship and related arrangements

11. Employee duties
12. Employment categories

12.2 Full-time employment

12.3 Regular part-time employment

12.4 Casual employment

13. Stand down of employees
14. Notice of termination [PR949147]
15. Redundancy [PR949147]

Part 5 - Wages and related matters

16. Classifications and wage rates [PR959600]
17. Supported wage system for employees with disabilities [PR936069]
18. Mixed functions
19. Payment of wages
20. Allowances [PR983995]

Part 6 - Hours of work, breaks, overtime, shift work, weekend work

21. Hours of work

21.1 Spread of hours

21.2 Ordinary hours of work - day workers

21.3 Method of working ordinary hours

21.4 Changing ordinary hours of work

22. Breaks

22.1 Meal breaks

22.2 Time for taking and alteration of meal breaks

22.3 Payment for work during meal breaks

22.4 Crib time

22.5 Rest breaks

23. Overtime [PR983995]

23.1 Payment for working overtime

23.2 Rest period after overtime

23.3 Call-back - Monday to Friday inclusive

23.4 Telephoning for instructions

23.5 Standing by

23.6 Cancellation of overtime, holiday and weekend work - day workers

23.7 Time off in lieu of payment for overtime

24. Shift work [PR983995]

24.1 Hours - seven day shifts

24.2 Hours - other than seven-day shifts

24.4 Variations of method of working shifts

24.5 Afternoon or night shift allowances

24.6 Saturday work - seven-day shifts

24.7 Saturday work - other than seven-day shifts

24.8 Sunday and holiday work - seven-day shifts

24.9 Sunday and holiday work, other than seven-day shifts

24.10 Work on rostered day off

24.11 Extra rates not cumulative

24.12 Overtime

24.13 Call back

24.14 Transfers to day work

25. Saturday work - day workers
26. Sunday work - day workers

26.1 Penalty rate

26.2 Rest period to follow

Part 7 - Leave of absence and public holidays

27. Annual leave

27.1 Annual leave entitlement - general

27.2 Annual leave entitlement - seven day shift workers

27.3 Payment for annual leave

27.4 Annual leave loading

27.5 Time of taking annual leave

27.6 Annual leave exclusive of public holidays

27.7 Annual leave taken before due date

27.8 Broken annual leave

27.9 Annual leave taken as special family leave

27.10 Calculation of continuous service for annual leave

27.11 Proportionate annual leave on termination

28. Personal leave
29. Bereavement leave
30. Parental leave
31. Jury service
32. Public holidays

32.1 Prescribed public holidays

32.2 Additional public holidays

32.3 Substitution of public holidays

32.4 Public holidays - penalty rates

32.5 Absence before or after a public holiday

32.6 Failure to attend for work on a public holiday

Part 8 - Transfers, travelling and working away from usual place of work

33. Distant work [PR983995]

33.1 Distant work expenses

33.2 Distant work

34. Travelling, transport and fares

34.1 Travelling after overtime

34.2 Travelling before overtime

34.3 Provision of transport for employer’s business

Part 9 - Training and related matters

35. Training program

35.1 Development of a training program

35.2 Establishment of a training committee and its role

35.3 Payment for training during working hours and reimbursement of costs

Part 10 - Occupational health and safety matters, equipment and tools

36. Accident pay
37. Clothing, equipment and tools

Part 11 - award compliance

38. Posting of award

Schedule A - Employer respondents

Schedule B – Origin Energy Limited sites not covered by the award

Appendix A - Meal Allowance - Vopak Terminals Sydney Pty Ltd, Matraville [PR983995]

Appendix B - Botany Allowance

3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is to be taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 junior rates of pay;

3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

3.3.4 the exemptions in ss.170CK(3) and (4) of the Act.

4. DEFINITIONS

4.1 Bulk liquids, without limiting the generality of the term, includes liquid chemicals of all descriptions, chemical and petroleum gases in gaseous or liquefied state whether liquefied by refrigerated and/or pressure storage or otherwise, petroleum products of all descriptions, vegetable oils and animal fats, and includes any of the foregoing or any other goods or merchandise that may require heating.

4.2 Clerical, administrative, managerial, supervisory, professional, technical and other officers on the salaried staff, without limiting the generality thereof, includes all persons employed by the employer on its salaried staff principally on clerical, administrative, managerial, supervisory, professional, technical or other work, or in assisting or advising in relation to any such work.

4.3 Clerical, administrative, managerial, supervisory, professional or technical work, without limiting the generality thereof, includes all work which has customarily been done by persons employed on the salaried staff of the employer.

4.4 Confined space shall mean a working space, the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation, or where confinement within a limited space is productive of unusual discomfort.

4.5 Dirty work shall mean work which is of an unusually dirty or offensive nature.

4.6 The employees for the purposes of this award, unless a contrary intention is evinced, includes future employees.

4.7 The employer shall mean such one or more of the companies listed in Schedule A of this award.

4.8 Fork lift truck shall mean a power driven and operated vehicle constructed for driving and operation by an employee seated on the vehicle and for the purpose of lifting, carrying and/or stacking goods, merchandise, materials, etc. (whether as units, in batches, etc., or pallet loads) by means of fork arms or other appropriate fitments according to the nature of the load.

4.9 Goods and merchandise, without limiting the generality of the phrase includes bulk liquids.

4.10 Industrial undertaking includes any bulk liquid handling and storage terminals, bulk liquid terminals, tank storage farms or other bulk liquid handling or storage facilities or installations operated by the employer for the purpose of providing bulk liquid handling or storage services or related services, including shipping and distribution services and tanks, spheres, docklines, dockline hoses, hoses, pipes, pipelines, piping systems, pumping systems, pumps, plant piping, tank truck loading or unloading facilities or installations, tanker filling stands, drumfil stands, drumming facilities, drum storage and filling facilities, headfilling stands, filling outlets, filling equipment, cleansing equipment, weighing and marking equipment, measuring equipment, scouring equipment, loading or unloading equipment, handling equipment, pumping equipment, storage equipment, berthing equipment, shipping facilities, and all other plant, equipment, appliances, gear, installations or facilities used by the employer for the reception, handling, storage, preparation, bottling, packing or delivery of goods or merchandise or used by it for carrying out operations processes or activities incidental or ancillary thereto, whether inside or outside a bulk liquid handling and storage terminal.

4.11 Operations, without limiting the generality of the word, for the purpose of this award, including for the purposes of clause 6 - Coverage of award of this award and for the purposes of clauses 4.10, 4.12, 4.14, 4.15, and 4.16, hereof, shall include:

4.11.1 the patrolling and checking of facilities, including pipelines, lines, piping systems, pumping systems, pumps, equipment, gear or other facilities between one or more bulk liquid terminals or between a bulk liquid terminal and a wharf for the purposes of the employer’s operations processes, or activities, and patrolling checking and performing housekeeping duties in the areas where the aforementioned facilities are located between the aforementioned places, testing and cleaning any of the aforementioned facilities and placing and removing any of the aforementioned facilities in the aforementioned areas;

4.11.2 the loading or unloading of bulk liquid cargo and fuel cargo into or from ships (whether for bunkers or not);

4.11.3 the handling or storage of such cargo at or adjacent to a wharf;

4.11.4 the driving or operation of equipment or mechanical appliances used in connection with such loading or unloading of ships or with the handling or storage of such cargo at or adjacent to a wharf;

4.11.5 the preparation of gear and the coupling or uncoupling of hoses or pipes for use in connection with such loading or unloading of ships; and

4.11.6 operations or activities related to any of the above.

4.12 The reception, handling, storage, preparation, bottling, packing and delivery of goods and merchandise, without limiting its generality, shall wherever used in this award, include blending of any goods or merchandise, and operations processes or activities incidental or ancillary to such reception, handling, storage, preparation, bottling, packing and delivery shall include operations processes or activities ancillary or incidental to such blending.

4.13 Ship, without limiting the generality of the word, includes any barge, lighter, hulk or other vessel.

4.14 Operator means a person:

4.14.1 in the calling or occupation of terminal operator or hydrocarbon terminal operator (previously operator);

4.14.1(a) H stream terminal operator means a person who handles:

4.14.1(a)(i) Oil or chemical based or related hydrocarbon products in a gaseous or liquid state, for example: Liquefied Petroleum Gas (L.P.G.), ethylene and benzene; and/or

4.14.1(a)(ii) Petroleum products of all descriptions.

4.14.2 in the regular employment of the employer;

4.14.3 in the classification of operator prescribed by clause 16 - Classifications and wages rates, of this award;

4.14.4 who has accepted regular employment with the employer for work in any one or more of the employer’s industrial undertakings;

4.14.5 who is employed to do work in his or her employment with the employer in or in connection with the activities or operations of one or more of the employer’s industrial undertakings;

4.14.6 whose duties include the performance of work in or in connection with the reception, handling, storage, preparation, bottling, packing and delivery of goods and merchandise and operations processes and activities incidental or ancillary thereto, which, without in any way limiting the generality thereof, include such work done:

4.16.6(a) in any of the employer’s industrial undertakings;

4.14.6(b) in connection with work done in any of the employer’s industrial undertakings;

4.14.6(c) in or in connection with activities or operations carried out in or in connection with any of the employer’s industrial undertakings;

4.14.6(d) which is ancillary or incidental to the major and substantial part of the duties of any person employed by the employer as an operator; and

whose duties include the performance of operations, as defined in clause 4.11 of this award in connection with any one or more of the employer’s industrial undertakings;

4.14.7 who may be required by the employer to perform any of the duties involved in such work, including the performance of any of the operations referred to in clauses 4.11.1 to 4.11.6 hereof in connection with any of the employer’s industrial undertakings;

4.14.8 who has been continuously employed on duties referred to in clause 4.14.6 above to the satisfaction of the employer for at least four weeks or who has received on-the-job training in the employment of the employer and to its satisfaction, in or in connection with any of its industrial undertakings for at least four weeks;

4.14.9 who is, in the opinion of the appropriate officer of the employer, sufficiently familiar with any industrial undertaking of the employer and its activities and operations and with the employer’s safety requirements and procedures;

4.14.10 who is, in the opinion of the appropriate officer of the employer, qualified by experience or by training, practice and observation obtained or made as an operator (receiving training) in the employment of the employer, as the employer considers appropriate to fit him/her to carry out the work, duties or functions concerned;

4.14.11 who is, in the opinion of the appropriate officer of the employer, capable of carrying out the work, duties or functions concerned to the satisfaction of the employer; and

4.14.12 who has been appointed as such by the employer.

4.15 Operator (leading and/or charge hand) shall mean a person who has been in the regular employment of the employer as an operator as defined in clause 4.14 hereof, and who has been appointed and designated by the employer as an operator (leading and/or charge hand).

4.16 Operator (receiving training) means a person who has accepted regular employment with the employer to perform work, duties and functions and to receiving training, obtain practice and to do such other things as may be required by the employer with the intention of becoming an operator as defined by clause 4.14 hereof, and who has not been appointed as an operator by the employer.

4.17 Terminal includes a bulk liquid handling and storage terminal or a bulk liquid terminal tank storage farm operated by the employer anywhere in Australia, including new such terminals or farms operated by it in the future.

4.18 Transport workers, without limiting the generality thereof, includes tanker drivers, truck drivers, or their assistants or offsiders, howsoever called.

4.19 Union, unless the contrary intention appears, shall mean National Union of Workers.

4.20 Work done includes work to be done.

5. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

This award shall come into operation from the beginning of the first pay period commencing on or after 28 February 2003 and shall remain in force for a period of 6 months.

6. COVERAGE OF AWARD

6.1 This award shall apply to the industry conducted by the employers bound by this award which shall include the reception, handling, storage, preparation, bottling, packing and delivery of goods and merchandise and all operations, processes and activities incidental or ancillary to such reception, handling, storage, preparation, bottling, packing and delivery at any of its industrial undertakings, without limiting the generality of the word, which operations shall include operations as defined in clause 4.11 of this award.

6.2 It shall apply to the callings, employments or occupations of storepersons and packers, storepersons and packers (receiving training) and storepersons and packers (leading and/or charge hands) as defined in this award.

6.3 It shall apply to the employment of persons in the regular employment of the employers who have accepted or offered to accept employment for work as storepersons and packers, storepersons and packers (receiving training) or storepersons and packers (leading and/or charge hands) in or in connection with any of the employers’ industrial undertakings.

6.4 It shall apply in all States and Territories of the Commonwealth of Australia.

6.5 It shall not apply to those employees employed by Origin Energy Limited at its premises and sites listed in Schedule “B”.

7. PARTIES BOUND

This award shall be binding upon:

7.1 the National Union of Workers, its officers and members; and

7.2 the employers named in Schedule A in respect of their employees engaged within the industries and callings covered by this award whether members of the union or not wherever employed in Australia.

8. RELATIONSHIP WITH OTHER AWARDS

8.1 Succession of previous awards

This award supersedes the Oil and Gas Industry Bulk Liquid Terminals Award 1996 [Print N3574 [AW792007]] as varied but does not affect any rights or liabilities covered under that award.

8.2 Relationship to National Training Wage Award 2000

A party to this award shall comply with the terms of the National Training Wage Award 2000 [PR904174 [AW790899]], as varied, as though bound by clause 4 of that award.

8.3 Savings clause

8.3.1 No employees will as a result of the making of this award, suffer any loss of existing wages or other benefits to which the employee is entitled prior to the date of the coming into operation of this award. This does not apply in respect of benefits which were deleted from the award as non-allowable.

8.3.2 Except so far as altered, expressly or by necessary implication all existing practices, customs, privileges and conditions are saved.

PART 2 - AWARD FLEXIBILITY
9. ENTERPRISE FLEXIBILITY PROVISIONS

(see ss 113A and 113B of the Act)

9.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply:

9.1.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

9.1.2 For the purpose of the consultative process the employees may nominate the union or another to represent them.

9.1.3 Where agreement is reached an application shall be made to the Commission.

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
10. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES

It is agreed that every endeavour will be made to amicably settle any grievance which may arise in the plant by direct negotiation and consultation between the parties to this award. To facilitate the settlement of any such grievance the following channel of communication shall apply:

10.1 during all discussions status quo will be maintained;

10.2 the matter shall first be discussed between the aggrieved employee and a company representative (superintendent/assistant manager/manager);

10.3 if agreement is not reached the accredited union delegate in the plant or nominated employee representative shall discuss the matter(s) affecting the employee(s) he or she represents in this instance with a company representative (superintendent/assistant manager/manager);

10.3.1 Where the union delegate is involved, he or she shall be allowed the necessary time during working hours to discuss with the employer or his or her representative matters affecting employees whom he or she represents.

10.4 if agreement is not reached with the company representative (superintendent/assistant manager/manager) within 24 hours, the union delegate or nominated employee representative shall approach the manager (terminal/state);

10.4.1 Where the union delegate is involved, he or she shall be allowed the necessary time during working hours to discuss with the employer or his or her representative matters affecting employees whom he or she represents.

10.5 if agreement is not reached at this level within 48 hours the union delegate or nominated employee representative shall advise the state secretary who shall approach the industrial officer or company official appointed for further discussions;

10.5.1 The union delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to discuss the matters with the duly accredited Union Officials of the Union to which they belong.

10.6 if the matter is not resolved at these discussions within 72 hours, discussions shall then be carried out between senior management and national officers of the union;

10.7 if the matter is not resolved it shall be submitted to a member of the Australian Industrial Relations Commission, whose decision shall, subject to any appeal in accordance with the Act, be final and shall be accepted by the parties;

10.8 it is agreed that work shall continue during the period of negotiation, discussion and consultation, except where such work is considered to be unsafe, in which case the procedures specified in the applicable legislation shall apply.

10.9 Noticeboard

The employer shall permit a notice board to be erected in the enterprise, or each part of the enterprise, to facilitate communication between employees and/or their union representatives.

10.10 Redundancy disputes procedure

[10.10 inserted by PR949147 ppc 09Jul04]

10.10.1 Sub-clauses 10.10.2 and 10.10.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (‘a redundancy dispute’). These additional obligations do not apply to employers who employ fewer than 15 employees.

10.10.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:

(a) the reasons for any proposed redundancy;

(b) the number and categories of workers likely to be affected;

(c) the period over which any proposed redundancies are intended to be carried out.

10.10.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

PART 4 - EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
11. EMPLOYEE DUTIES

11.1 An employee, to become entitled to payment of the weekly wage prescribed by this award shall be available, ready and willing to perform such work as the employer shall from time to time require on the days and during the hours usually worked by the class of employee comprising him or her, but any employee so available, ready and willing to work for the whole week and not justifiably dismissed shall be entitled to a full week’s wage. An employee (other than an employee who has given or received notice in
accordance with this clause) not attending for duty shall, except as provided by clause 28 - Personal leave, of this award, forfeit his or her pay for the actual time of such non-attendance.

11.2 It is a term and condition of employment and of the obligation and rights accruing under this award that an employee shall:

11.2.1 perform such work, including shift work as his or her employer shall, from time to time, reasonably require;

11.2.2 comply with the orders of the employer to work reasonable overtime at any time during the seven days of the week at the appropriate remuneration prescribed therein;

11.2.3 if he or she is a shift worker who is not relieved as scheduled at the end of his or her shift, continue to work at the appropriate overtime rate until relieved or otherwise authorised to finish work by his or her employer;

11.2.4 use all appropriate protective clothing and equipment provided by the employer for specific circumstances;

11.2.5 comply with the employer’s direction to carry out work required for the safety of personnel and plant (including, when required, the continued operation of plant); and

11.2.6 comply with the employer’s direction to keep the work place and equipment in a clean and safe condition.

11.3 An employer may direct an employee to carry out such duties as are within the employee’s skill and training.

11.4 Timekeeping

Notwithstanding anything elsewhere contained in this award the employer may select and utilise for timekeeping purposes any fractional or decimal portion of an hour (not exceeding quarter of an hour) and may apply such proportion in the calculation of the working time of employees who, without reasonable cause promptly communicated to the employer, report for duty after their appointed starting times or cease duty before their appointed finishing times.

12. EMPLOYMENT CATEGORIES

12.1 An employee is to be engaged as a full-time employee, a regular part-time employee, or a casual employee.

12.2 Full-time employment

A full-time employee is one engaged by the week and paid by the week and whose engagement is terminable according to clause 14 - Termination of employment.

12.3 Regular part-time employment

12.3.1 An employer may employ regular part-time employees in any classification in this award.

12.3.2 A regular part-time employee is an employee who:

12.3.2(a) works less than full-time hours of 35 per week; and

12.3.2(b) has reasonably predictable hours of work; and

12.3.2(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

12.3.3 At the time of engagement the employer and the regular part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

12.3.4 Any agreed variation to the regular pattern of work will be recorded in writing.

12.3.5 An employer is required to roster a regular part-time employee for a minimum of four consecutive hours on any shift.

12.3.6 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 12.4.

12.3.7 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 23 - Overtime, of this award.

12.3.8 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/35th of the weekly rate prescribed for the class of work performed.

12.3.9 Commencement of part-time work and return from part-time to full-time work shall not break the continuity of service or employment.

12.4 Casual employment

12.4.1 A casual employee is one engaged and paid as such and shall be guaranteed not less than four hours' engagement every start.

12.4.2 Casual work for working ordinary time shall be paid at the rate of 1/35th of the appropriate weekly rate with an addition of 20%.

12.4.3 Casual employees must be paid overtime rates for work in excess of eight hours on any one day from Monday to Friday or more than 35 hours per week.

13. STAND DOWN OF EMPLOYEES

The employer may stand-down any employee who cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot be reasonably held responsible.

14. NOTICE OF TERMINATION

[14- Termination of Employment title changed and substituted by PR949147 ppc 09Jul04]

14.1 Notice of termination by employer

14.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:

14.1.2 In addition to the notice in 14.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

14.1.3 Payment in lieu of the prescribed notice in 14.1.1 and 14.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

14.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

14.1.4(a) the employee's ordinary hours of work (even if not standard hours); and

14.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

14.1.4(c) any other amounts payable under the employee's contract of employment.

14.1.5 The period of notice in this clause does not apply:

14.1.5(a) in the case of dismissal for serious misconduct;

14.1.5(b) to apprentices;

14.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

14.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

14.1.5(e) to casual employees.

14.1.6 Continuous service is defined in clause 27.10.

14.2 Notice of termination by an employee

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

14.2.2 If an employee fails to give the notice specified in 14.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 14.1.4.

14.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

14.4 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 15 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

15. REDUNDANCY

[15 substituted by PR949147 ppc 09Jul04]

15.1 Definitions

15.1.1 Business includes trade, process, business or occupation and includes part of any such business.

15.1.2 Redundancy occurs 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 that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

15.1.3 Small employer means an employer who employs fewer than 15 employees.

15.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

15.1.5 Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

• overtime;
• penalty rates;
• disability allowances;
• shift allowances;
• special rates;
• fares and travelling time allowances;
• bonuses; and
• any other ancillary payments of a like nature.

15.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the 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 rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

15.3 Severance pay

15.3.1 Severance pay - other than employees of a small employer

An employee, other than an employee of a small employer as defined in 15.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week's pay is defined in 15.1.

15.3.2 Severance pay - employees of a small employer

An employee of a small employer as defined in 15.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week's pay is defined in 15.1.

15.3.3 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.

15.3.4 Continuity of service shall be calculated in the manner prescribed by clause 27.10. Provided that service prior to 9 July 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 15.3.2.

15.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

15.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 14 – Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

15.5 Alternative employment

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

15.5.2 This provision does not apply in circumstances involving transmission of business as set in 15.7.

15.6 Job search entitlement

15.6.1 During the period of notice of termination given by the employer in accordance with 14.1, 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.

15.6.2 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 he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

15.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 14.3.

15.7 Transmission of business

15.7.1 The provisions of this clause are not applicable 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 called the transmittee), in any of the following circumstances:

15.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

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

• in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

• which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

15.7.2 The Commission may vary 15.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

15.8 Employees exempted

This clause does not apply to:

• employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
• probationary employees;
• apprentices;
• trainees;
• employees engaged for a specific period of time or for a specified task or tasks; or
• casual employees.

15.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.

PART 5 - WAGES AND RELATED MATTERS
16. CLASSIFICATIONS AND WAGE RATES

16.1 Adults

A full-time adult employee of a classification specified in the table hereunder shall be paid not less than the rate per week assigned to that classification. The residual amount is to be absorbed against future wage increases.

16.2 Weekly wage rates

16.2.1 Terminal Operators

[16.2.1 substituted by PR934631 PR947613; (PR959010 cancelled and replaced by PR959600 ppc 20Jun05) varied by PR959600 ppc 20Jun05]

16.2.2 H Stream Terminal Operators

[16.2.2 substituted by PR934631; corrected by PR947612; substituted by PR947613; (PR959010 cancelled and replaced by PR959600 ppc 20Jun05); varied by PR959600 ppc 20Jun05]

16.2.3 Arbitrated safety net adjustment

[16.2.3 substituted by PR934631 PR947613; (PR959010 cancelled and replaced by PR959600 ppc 20Jun05);varied by PR959600 ppc 20Jun05]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wages prescribed in the award. Such above award payments include wags payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

16.3 Junior rates

16.3.1 Where work is performed by a junior the minimum rate of wages shall be determined by the undermentioned percentages of the adult rate prescribed for an ordinary storeperson and/or packer appearing in this clause.

16.3.2 Notwithstanding anything contained in this clause no increase in adjustments of junior rates shall exceed the amount of any increase granted to adults.

16.3.3 The total wage shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding 2 cents, to be disregarded.

16.3.4 Provided that any employee called upon to stack or lift drums (or any other object) weighing over 50kg, or fill road trucks or rail tank wagons shall be classed as an adult employee and entitled to receive the appropriate adult rate of wage whilst so engaged.

16.4 Provided that any employee in the classification operator who is 18 years and over and who is required to dip tanks; to open and close valves; to blend or mix products and/or to be engaged on work as a blender or assistant blender shall be paid the adult rate for a operator.

16.5 Classification definitions - Terminal Operators

16.5.1 Terminal Operator - Grade 1

Time period: 3 months minimum

OBJECTIVE:

To participate in company training programs and gain sufficient proficiency to advance to a Grade 2 Terminal Operator.

REQUIREMENTS FOR ADVANCEMENT:

Participating under direct supervision in a limited number of terminal operations as follows:

1. Be instructed in and understand general terminal layout and functions.

2. Load and unload road tankers under direct supervision.

3. Participate in drum filling operations under supervision.

4. Participate as an observer in ship loading and unloading operations (extra hand status applies).

5. Participate in general cleaning and housekeeping duties with the terminal.

6. Satisfactorily complete modules designated in house training.

7. Advancement to Terminal Operator Grade 2 to be on recommendation of Training Review Committee.

16.5.2 Terminal Operator - Grade 2

Time period: 12 months minimum

OBJECTIVE:

To participate in the terminal operations under direct supervision and participate in company training program to gain proficiency to advance to a Terminal Operator Grade 3.

REQUIREMENTS FOR ADVANCEMENT:

1. Load and unload road tankers and packaged goods.

2. Carry out drum filling operations.

3. Assist with tank and equipment cleaning operations.

4. Assist with ship loading and unloading.

5. Carry out tank dipping under supervision.

6. Carry out routine housekeeping and cleaning duties.

7. Understand plant layout, product layout and storage requirements. Become familiar with product technology and safety aspects of chemical handling.

8. Satisfactorily complete five graded Merit Training Modules.

9. Satisfactorily complete the designated in-house training modules.

10. Advancement to Terminals Operator Grade 3 to be on recommendation of Training Review Committee.

16.5.3 Terminal Operator - Grade 3

OBJECTIVE:

Perform terminal operational duties under general supervision. Participate in company training program to gain proficiency to advance to a Grade 4 Terminal Operator.

REQUIREMENTS FOR ADVANCEMENT:

1. Participate under general supervision in all terminal operations including shipping, tank truck operations, drum filling and loading of packaged goods, general terminal operations including equipment set up and operation of all mobile and stationary equipment as licenced.

2. Have the ability to operate with and outside of the terminal in a responsible and diligent manner.

3. Form part of a team and accept direction.

4. Satisfactorily completed eight designated Merit Modules.

5. Satisfactorily complete designated in-house Training Modules.

6. Advancement to Terminal Operator Grade 4 to be on recommendation of Training Review Committee.

16.5.4 Terminal Operator - Grade 4

OBJECTIVE:

To perform terminal operational duties without direct supervision and in turn supervise and instruct Terminal Operators Grades 1, 2 and 3.

REQUIREMENTS FOR ADVANCEMENT:

1. Ability to understand and carry out all terminal operations without direct supervision.

2. Participate in training activities and instruct or supervise terminal operators in Grades 1, 2 and 3.

3. Have completed eight or more Merit Training Modules.

4. Completed designated in-house training Modules.

5. Have a complete knowledge of all terminal operations and be committed to the principle of safe storage and handling of bulk liquids.

6. Advancement to Terminal Operator Grade 5 to be subject to availability of position and on recommendation of Training Review Committee.

16.5.5 Terminal Operator - Grade 5

OBJECTIVE:

Assist with organising and scheduling weekly operations tasks and supervise the day to day functions of Terminal Operators Grades 1 to 4.

DUTIES AND RESPONSIBILITIES:

1. Ensure that assigned duties are carried out in accordance with company’s and authorities regulatory procedures.

2. Supervise specified operations such as ship loading/unloading.

3. Liaise effectively with customers and/or clients as may be required (Surveyors etc.).

4. Be committed to the company’s safety and operational procedures as set down.

5. Be committed to the on-going training programs applicable to the terminals.

6. Advancement to Terminal Operator Grade 6 subject to availability of position and on recommendation of Training Review Committee.

16.5.6 Terminal Operator - Grade 6

OBJECTIVE:

Assist the terminal management in the safe and efficient operation of the terminal facility.

DUTIES AND RESPONSIBILITIES:

1. Deputise for the terminal superintendent as required in periods of absence.

2. Perform and direct all operational duties as required.

3. Liaise effectively with customers, clients and Authorities agents as may be required.

4. Be committed to the company’s safety and operational procedures as set down.

5. Be committed to the on-going training programs applicable to the terminal.

6. Resolve technical and operational problems as they occur. Report all incidents and occurrence to terminal management.

16.6 Classification definitions - H Stream Terminal Operators

16.6.1 H1 Operator

Time period: 3 monthly minimum

OBJECTIVE:

To participate in company training programme and gain sufficient proficiency to advance to H2 Operator.

REQUIREMENTS FOR ADVANCEMENT:

Participating under direct supervision by staff or H5/H6 Operator personnel in a limited number of terminal operations as follows:

1. Be instructed in and understand general terminal layout and functions.

2. Satisfactorily complete training modules designated Hydrocarbon Terminal induction.

3. Participate as an observer in L.P.G. tankership loading and unloading operations (extra hand status applies).

4. Participate in evaporator chemical dosing, general cleaning and housekeeping duties within terminal and Bulk Liquids Berth areas.

5. Advancement to H2 Operator to be on recommendation of Training Review Committee.

16.6.2 H2 Operator

Time period: Minimum 3 months

OBJECTIVE:

To participate in the outside watchkeeping, operate outside, mechanical equipment without supervision and participate in company training programme to gain proficiency in interpretation of P.L.C./Taylor Mod III data and altering controller loops to maintain terminal operation continuing advancing to H3 Operator.

REQUIREMENTS FOR ADVANCEMENT:

1. Be fully conversant with P.L.C. function.

2. Able to correctly evaluate Taylor Mod III screen data and action controllers accordingly.

3. Able to interpret Ethylene panel instrument data and action controllers accordingly.

4. Co-ordinate field valve location and system functions to panel mounted controller units.

5. Assist without supervision tankership/unloading wharf standby duty.

6. Carry out field watchkeeping duty without supervision.

7. Satisfactorily complete the designated in-house training modules.

8. Advancement to H3 Operator, to be on recommendation of Training Review Committee.

16.6.3 H3 Operator

OBJECTIVE:

Perform outside plant control duties without supervision and inside console panel control duty with general supervision from H4, H5 or H6 Operators participating in company training programme to gain proficiency to H4 Operator status.

REQUIREMENTS FOR ADVANCEMENT:

1. Be actively in control of Ethylene panel, Taylor Mod III controllers able to interpret trends and alarm activation responding to maintain terminal operation continuity under general supervision by H5 Operator or assigned to shift group.

2. Log 420 hours operation activity as panel operator under general supervision.

3. Form part of a shift group team and accept direction from groupH5 Operator.

4. Attend St. John Ambulance First-Aid certificate course.

16.6.4 H4 Operator

OBJECTIVE:

To perform hydrocarbon Terminal operational duties without direct supervision.

Statement of key areas of activity covered by H4 Operator.

1. Monitors the performance and adjusts controllers for the efficient operation function of the following systems:

1.1 Ethylene, Propane and Butane storage tank status

1.2 Ethylene, Propane and Butane transfer pumps

1.3 Ethylene, Propane and Butane send-out heaters

1.4 Ethylene, Propane and Butane compressors

1.5 Ethylene liquefaction system

1.6 Ethylene vaporiser unit

1.7 Diesel alternator unit status

1.8 Water glycol circulation system

1.9 Firewater protection system

1.10 Instrument air system

1.11 Fuel gas system

1.12 Nitrogen system

1.13 Flare system

1.14 Site landscape watering system

2. Maintain stock balance records of Propane/Butane transfers.

3. Transfers or imports Ethylene vapour.

4. Assists H5 Operator for schedule test operation of auxiliary plant equipment.

5. Maintain legible log book recording pertinent operating conditions affecting continuity stability of L.P.G./Ethylene transfers.

6. Assists H5 Operator in preparing plant equipment handover for maintenance.

7. Carry out general maintenance, lubrication and cleaning of plant equipment.

8. Conduct housekeeping duties as directed by H5 Operator.

16.6.5 H5 Operator

OBJECTIVE:

Assist with organising and scheduling shift group operational tasks to maintain safe and efficient operation continuity of the Hydrocarbon Import Terminal.

DUTIES AND RESPONSIBILITIES:

1. Interpret pertinent operating and plant conditions as monitored by the P.L.C. and Taylor Mod III unit recommending changes in conditions to H3 and H4 Operators to ensure safe operation.

2. Organise the H3 Operator outside and H4 panel operator work period schedule including testing/proving equipment and systems as per routine job check lists.

3. Supervise specified operations such as ship loading/unloading after commencement of cargo transfer.

4. Liaise effectively with L.P.G. product recipients and road tanker facility.

5. Liaise with Olefines Accounts personnel reconciliation storage stock balance records.

6. Be committed to the on-going training programmes applicable to advancing H1, H2, H3 and H4 Operators.

7. Organise H3 and H4 Operators (inside/outside operation duties) regular rotation to ensure individual proficiency maintained in job functions.

8. At the direction of H6 Operator or Terminal Superintendent assist in organisation of plant equipment preparation to/from maintenance fitters.

9. Organise H3 and H4 Operators in housekeeping duties within Hydrocarbon Terminal confines for removal of rubbish, rags, combustible materials including tarmac floors and fittings.

10. Organise operation testing as per schedule:

- Fire water deluge systems

- Diesel alternator unit

- Fire/gas alarm system

- Gas detector equipment

11. Responds to information recorded in temporary instructions and daily shift log book reporting.

12. Liaises with Terminal Manager, Superintendent or H6 Operator to evaluate potential problems during plant circuitry/equipment operation abnormality to action response.

Levels of Authority - H5 Operator

OPERATION VARIABLES AFFECTING PRODUCT TRANSFERS

Identifies the need for a decision, collect the necessary data, takes a decision and either acts or instructs H4 panel operator and H3 outside operator to carry out specific tasks to return product transfers to acceptable status.

PLANT EQUIPMENT FAILURE

Recommends a decision for call-in of Technical Tradespersons, but advises his/her Terminal Manager, Superintendent or H6 Operator of action taken.

L.P.G. LIQUID OR GAS ESCAPE ENDANGERING PERSONNEL OR PLANT

Take immediate action as per site emergency plan.

Advancement to H5 Operator to be subject to availability of position and/or recommendation of Training Review Committee.

16.6.6 H6 Operator

OBJECTIVE:

Assist the Terminal Manager and superintendent in organisation of operation/maintenance activities for safe operation continuity within optimum parameters.

1. Direct shift group H5 Operators in maintaining preventative maintenance and equipment testing schedules.

2. Organise shift group in chemical dosing of evaporator condenser basins to maintain E.P.A. guidelines.

3. Be responsible for L.P.G. tankership arrival and departure preparation, i.e.;

- Prearrival check list completion

- Sydney Ports Corporation pre-discharge check list

- Signatory to certificate of readiness

- Qenos pre-discharge check list

- Supervise Chiksan arm connection

- Supervise cargo commencement and product change-overs

- Supervise Chiksan arm disconnection on cargo completion

- Attend tankership workforce in event of emergency call-in assistance from H5 shift group operator.

4. Delegate with guidelines to shift H5 Operator preparation instructions for hand-over of plant equipment to maintenance technician/tradespersons.

5. Supervise H4 and H5 Operators in preparation meter proving unit for test runs at E/I technician request.

6. Assist Manager, Superintendent and H5 Operators in presenting training modules to H4 and lower operators.

7. Ensure that assigned duties to shift group operators and maintenance personnel are carried out in accordance with companies and authorities regulatory procedures.

8. Liaise effectively with representatives as may be required.

9. Be committed to the company’s safety and operational procedures as set down.

10. Be committed to the on-going training programmes applicable to the Hydrocarbon Terminal.

11. Deputise for the Terminal Superintendent as required in periods of absence.

12. Resolve technical and operation problems as they occur, reporting all incidents and occurrences to Hydrocarbon Terminal Management.

Advancement to H6 Operator subject to availability of position and on recommendation of Training Review Committee.

16.7 Transitional Wage Rates for Victoria – Application of Common Rule Award

[16.7 inserted by PR959600 ppc 20Jun05 (PR959010 cancelled and replaced by PR959600 ppc 20Jun05)]

This award contains the following transitional rates of pay and allowances for employers in the State of Victoria who were previously not bound by this award, but are now subject to the award by virtue of the award having been declared a common rule award under s141 of the Workplace Relations Act 1996.

These transitional rates of pay and allowances shall not apply after the beginning of the first pay period commencing on or after 1 August 2005. As from the first pay period commencing on or after 1 August 2005, the rates of pay in paragraphs 16.2.1 and 16.2.2 shall apply to all employees covered by this award.

Terminal Operators

H Stream Terminal Operators

17. SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES

17.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

17.1.1 Supported wage system means the Commonwealth Government System to promote employment for people who cannot work at full award wages because of a disability, as documented in “Supported wage system: Guidelines and Assessment Process”.

17.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the Supported wage system to perform assessments of an individual’s productive capacity within the Supported wage system.

17.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

17.1.4 Assessment instrument means the form provided for under the Supported wage system that records the assessment of the productive capacity of the person to be employed under the Supported wage system.

17.2 Eligibility criteria

17.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability support pension.

17.2.2 The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

17.2.3 The award does not apply to employers in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act, or if a part only has received recognition, that part.

17.3 Supported wage rates

17.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

[17.3.2 varied by PR936069 ppc 11Aug03]

17.3.2 Provided that the minimum amount payable shall be not less than $60 per week.

17.3.3 Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

17.4 Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported wage system and documented in an assessment instrument by either:

17.4.1 the employer and a union party to the award, in consultation with the employee or, if desired by any of these;

17.4.2 the employer and an Accredited assessor from a panel agreed by the parties to the award and the employee.

17.5 Lodgment of assessment instrument

17.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

17.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

17.6 Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported wage system.

17.7 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

17.8 Workplace adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

17.9 Trial period

17.9.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

17.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[17.9.3 varied by PR936069 ppc 11Aug03]

17.9.3 The minimum amount payable to the employee during the trial period shall be no less than $60 per week.

17.9.4 Work trials should include induction or training as appropriate to the job being trialed.

17.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under clause 16.4 hereof.

18. MIXED FUNCTIONS

18.1 Any employee working under this award and who in any day or shift does work involving different rates of pay shall be paid the highest of such rates for the whole of his or her ordinary working hours on that day or shift.

18.2 Where in any overtime period an employee working under this award is required to perform work involving different rates of pay, he or she shall be paid the highest of such rates for the whole of that overtime period.

19. PAYMENT OF WAGES

19.1 Wages shall be paid weekly provided that the latest two days’ wages due may be kept in hand. Provided further that payment for overtime worked within the last five days of a pay period need not be made until the pay day of the following pay period.

19.2 Upon termination of the employment, wages due to an employee shall be paid to him or her on the day of such termination, or forwarded to him or her by post on the next following day.

19.3 An employee kept waiting for his or her wages on pay day for more than a quarter of an hour after the usual time for ceasing work shall be paid at overtime rates after that quarter-hour with a minimum payment of half an hour.

19.4 On or prior to pay day, the employer shall state to each employee in writing the amount of wages to which he or she is entitled, the amount of deductions made therefrom, and the net amount being paid to him or her.

19.5 Wages can be paid by cheque or in cash or into a bank account nominated by the employee; provided that in cases where wage payments are made by cheques, means of immediate encashment are available in working time and the employer pays any fees charged for such encashments; provided further that if such cheques are available a day earlier than the present pay day at any location, the employer will not be required to make arrangements for immediate encashment facilities at that location.

19.6 It shall be a full discharge of the obligations and rights accruing from week to week under clause 23 - Overtime of this award if, in pursuance of an agreement made between the employer and the majority of employees in the relevant enterprise, a different method is adopted averaging over a full shift cycle the payments normally accruing from shift work to a shift worker. This provision shall apply even if a shift worker fails for any reason to work a full shift cycle.

20. ALLOWANCES

20.1 Transport and location allowance

[20.1 varied by PR976354; PR983995 ppc 05Mar09]

In addition to the wage rates prescribed in this award, employees will be paid a transport and location allowance at the rate of $36.58 per week. This allowance shall not be taken into account for the purpose of calculation of overtime, shift premiums or other award prescriptions.

20.2 Meal allowance

[20.2 varied by PR976354; PR983995 ppc 05Mar09]

Subject to the exception in clause 22.4.4 and except where the employee can reasonably return home for a meal, for all cribs occurring outside the employee’s ordinary hours of work the employer shall either provide a meal or pay a meal allowance of $14.19 (meal money).

20.3 Telephone call in

[20.3 varied by PR976354; amended by PR977673; varied by PR983995 ppc 05Mar09]

An employee, who on any day of the week responds to a telephone call (not being a telephone call in respect of which a payment is made under the provisions of clause 23.4 of this award) made to him or her at his or her home requiring him or her to report for work earlier than his or her next scheduled starting time shall, if his or her telephone rental is not paid by his or her employer, receive a payment of $11.52 (telephone “call in”).

20.4 First aid allowance

[20.4 varied by PR976354; amended by PR977673; varied by PR983995 ppc 05Mar09]

An employee holding a current first aid qualification from St. John Ambulance or similar body and appointed by the employer to perform first aid duty shall be paid, in addition to his or her wages, $19.70 (First aid allowance) for any week he or she is so appointed. The employer will reimburse the cost of fees for any courses necessary for an employee covered by this clause to obtain and maintain current the appropriate first aid qualification.

20.5 Special licences

An employee required by the employer to hold a driving licence other than a normal driver’s licence shall have the cost of that additional licence reimbursed by the employer.

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

21.1 Spread of hours

The prescribed spread of hours is between 7.00am and 5.30pm, Monday to Friday.

21.2 Ordinary hours of work - day workers

The ordinary hours of work shall be 70 per two week period to be worked Monday to Friday inclusive, between the hours of 7.00 a.m. and 5.30 p.m. Provided that work done prior to the spread of hours fixed in accordance with this clause and after 5.00 a.m. for which overtime rates are payable shall be deemed for the purpose of this clause to be part of the ordinary hours of work where the ordinary hours worked within the prescribed spread of hours in any week are less than thirty-five.

21.3 Method of working ordinary hours

The ordinary hours of work may be worked on ten days of 7 hours per day, over a two week period.

21.4 Changing ordinary hours of work

21.4.1 Where an employer desires to vary or change the starting and/or finishing times of an employee or employees, he or she shall give seven days’ notice of such variation or change to the employee or employees concerned and in the case of a group of employees he or she shall post a notice of the intended change at the place of employment; provided that a lesser period of notice may be agreed between the employer and the majority of employees concerned to suit the circumstances of the establishment; provided further that where it is necessary to transfer a day worker to replace a shift worker who fails to report for duty or who for any reason is unable to continue his or her duties this clause shall not apply, but the position shall be deemed to be covered by clause 24.3.

21.4.2 Notwithstanding any of the foregoing, when unloading ships and or working within the terminal employees may be required to start and finish work at any time provided that:

21.4.2(a) any time worked outside the starting and finishing times obtaining when the ships are not being unloaded shall be paid in accordance with clause 23 - Overtime of this award.

21.4.2(b) time worked unloading ships, whether worked between or outside the usual starting and finishing times for day work, shall count as part of the ordinary hours of work in each week to the extent of not more than the employee’s normal ordinary hours of work for each day;

21.4.2(c) when an employee is instructed to report for work outside the normal day work hours for the purpose of unloading ships, and is not required to work he or she shall be paid for a minimum of four hours’ work at the appropriate rate.

22. BREAKS

22.1 Meal breaks

Unless by agreement with the majority of employees in an enterprise, a lunch break of not less than 45 minutes nor more than one hour shall be allowed on Mondays to Fridays, both inclusive.

22.2 Time for taking and alteration of meal breaks

The time for the lunch break shall be fixed by mutual arrangement in each place of work, but having once been fixed shall not be altered without 48 hours’ notice (or less by mutual agreement) to the employees or employee concerned.

22.3 Payment for work during meal breaks

For all work done by an employee during his or her lunch break and thereafter until he or she is allowed a full lunch break, double time shall be paid.

22.4 Crib time

22.4.1 In this clause crib means a 20 minute period which shall be counted as time worked and which shall be paid for at the rate applicable at the time the crib accrues in accordance with this clause.

22.4.2 Notwithstanding anything elsewhere contained in this award an employee required to work overtime:

22.4.2(a) extending beyond 1-1/2 hours from the cessation of his or her ordinary hours of work shall be entitled to a crib, provided that where the overtime work will not extend beyond two hours the employer may require the employee to defer taking the crib until completion of the overtime work; or

22.4.2(b) extending beyond four hours from the cessation of his or her ordinary hours of work shall be allowed a crib upon completion of his or her ordinary hours of work and shall be entitled to a further crib after the first four hours worked (inclusive of the first crib); or

22.4.2(c) continuing beyond four hours shall be entitled to a further crib at the end of each additional four hours worked provided that the work continues beyond the said four hourly periods;

22.4.2(d) notwithstanding the provisions in clauses 22.4.2(b) and 22.4.2(c) above where the overtime work will not extend more than two hours beyond the last four hourly period the employer may require the employee to defer taking the last crib until the completion of the overtime work.

22.4.3 Where on any day an employee is required to work overtime before the time he or she would normally commence work and to continue working into his or her ordinary hours of work and such overtime commences:

22.4.3(a) more than 1-1/2 hours but less than four hours prior to the time he or she would normally commence work, he or she shall be allowed a crib in lieu of the morning rest break prescribed by clause 22.5 - Breaks of this award;

22.4.3(b) more than four hours prior to the time he or she normally would commence work, he or she shall be allowed a crib after each four hours of overtime worked provided that if the amount of overtime worked prior to the time he or she normally would commence work requires that he or she works two hours or more subsequent to the completion of the last full four hourly overtime period he or she shall be allowed a crib in lieu of the morning rest breaks prescribed by clause 22.5 - Breaks of this award.

22.4.4 A day worker, or a shift worker on other than 7 day shifts, required to work on a Saturday, Sunday or on an award holiday, or a seven day shift worker required to work on his or her rostered day off, or any employee on call back shall be entitled to a crib after each four hours worked if he or she is required to continue working beyond such four hourly period provided that where the overtime work will not extend more than two hours beyond the last four hourly period the employer may require the employee to defer the taking of the last crib until completion of the overtime work. Provided further that the provisions of clause 20.2 shall not apply in respect of the first crib on any such day and where the full period of work will not exceed six hours, taking of that crib may be deferred only by mutual agreement.

22.4.5 Subject to the provisions of this clause cribs will be granted by the employer as soon as practicable after falling due having regard to the requirements of the work.

22.4.6 Notwithstanding any other provision of this award, when loading or unloading ships a meal break of 25 minutes shall be allowed after each four hours of work which shall be counted as time worked.

22.5 Rest breaks

Employees shall be allowed a rest break period of ten minutes during each period of at least four hours’ ordinary working time. This provision shall also apply to work performed on Saturday afternoons, Sundays and holidays.

23. OVERTIME

23.1 Payment for working overtime

For all work done outside ordinary hours, except as provided in clause 23.6 and clause 25 - Saturday work - day workers of this award, the rates of pay shall be time and a half for the first two hours and double time thereafter, such double time to continue until the employee has been released from overtime duty.

23.2 Rest period after overtime

23.2.1 Subject to the next succeeding clause when overtime work is necessary it shall be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

23.2.2 An employee who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his or her ordinary work on the next day that he or she has not had at least ten consecutive hours off duty between those times shall subject to this clause, be released after completion of such overtime until he or she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. Provided that should an employee’s ten hours rest period as aforesaid end within two hours of his or her normal ceasing time, he or she shall not be required to report for work on that day.

23.2.3 If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, he or she shall be paid at double his or her ordinary time rate until he or she is released from duty for such period and he or she shall then be entitled to be absent until he or she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absences.

23.2.4 Overtime worked in the circumstances specified in clause 23.3 hereof shall not be regarded as overtime for the purposes of this clause where the actual time worked is less than three hours on such recall or on each of such recalls. Provided that where time worked on a recall or recalls in the circumstances specified in clause 23.3 hereof is of less than three hours duration it shall be regarded as overtime for the purposes of this clause only if the employee had responded to a recall after being contacted at his or her home, his or her response had involved him or her in additional journey to and from the work-place and in the case of exceptional circumstances arising during the call-back period the employee, if required, had worked further even though he or she had performed the job for which he or she was recalled.

23.2.5 If excessive time is involved in travelling to and from his or her home by an employee during his or her rest period, special consideration as to the length of the rest period will be given on an individual basis.

23.3 Call-back - Monday to Friday inclusive

23.3.1 An employee recalled to work overtime after leaving the employer’s Industrial undertaking (whether notified before or after leaving the Industrial undertaking) shall be paid for a minimum of four hours’ work at the appropriate rate for each time he or she is so recalled; provided that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job he or she was recalled to perform is completed within a shorter period; provided further that in determining the appropriate rate to be paid for any subsequent recall, only the time actually worked in earlier recall(s) shall be taken into consideration.

23.3.2 Provided further that in the event of cancellation or postponement of such recall when an employee reports to his or her place of duty he or she shall be paid the above minimum of four hours for each time he or she is so recalled even if he or she is not required to work.

23.3.3 An employee who, not having been notified before leaving the employer’s industrial undertaking, is called back to start work at a time less than four hours before the commencing time of his or her ordinary hours of work and continues working into his or her ordinary hours of work shall be paid from the time he or she commences work at the rate of time and a half for the first three hours worked and double time for the next one hour worked, in lieu of his or her ordinary time rate occurring during this period. Thereafter he or she will revert to his or her ordinary time rate.

23.3.4 An employee who is contacted at his or her home and responds to a call in to work involving him or her in an additional trip to and from the working place shall be paid one hour at his or her ordinary time rate of pay for travelling time, irrespective of the distance travelled.

23.3.5 This clause, shall not apply in cases where it is customary for an employee to return to the employer’s Industrial undertaking to perform a specific job outside his or her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break), with the completion or commencement of ordinary working time.

23.4 Telephoning for instructions

23.4.1 Subject to a minimum of three hours’ pay, where an employee complies with a direction to telephone for instructions in connection with overtime and Saturday, Sunday or holiday work he or she shall be paid at his or her ordinary time rate from the telephone call until either he or she:

23.4.1(a) is given a further direction to telephone later for instructions;

23.4.1(b) is told a definite time at which he or she is to commence work; or

23.4.1(c) is released.

23.4.2 Where it becomes necessary for him or her to make a number of telephone calls at intervals determined by an authorised supervisor he or she is to receive a minimum of three hours’ payment at his or her ordinary time rate for each telephone call; provided that no payment will be made for any telephone call made within three hours of the last preceding telephone call.

23.4.3 Provided further that when an employee commences work all payments due under this clause shall cease.

23.5 Standing by

Subject to a minimum payment of three hours’ pay an employee required to hold himself or herself in readiness to work after ordinary hours shall, until released, be paid standing by time at ordinary rates from the time which he or she is so told to hold himself or herself in readiness.

23.6 Cancellation of overtime, holiday and weekend work - day workers

23.6.1 If notice cancelling a previous instruction to work overtime on a weekday, to work on a holiday or to work during a weekend is given to an employee before he or she leaves the workplace, a penalty payment shall not be payable.

23.6.2 If notice cancelling the instruction is sent or telephoned to the employee’s registered address before he or she would normally have left to commence work, he or she shall be paid a minimum of:

23.6.2(a) two hours at his or her ordinary rate in the case of a weekday overtime work cancellation; and

23.6.2(b) four hours at his or her ordinary rate in the case of a weekend work or holiday work cancellation.

Provided that an additional penalty shall not be payable if the employee is not at his or her registered address when notice of cancellation is delivered or telephoned and he or she subsequently reports for work.

[23.6.3 varied by PR976354; PR983995 ppc 05Mar09]

23.6.3 If notice of cancellation provided in clause 23.6.2 hereof is not delivered or telephoned to the employee’s registered address at least an hour before he or she would normally leave to commence work and the employee would normally be expected to partake of a meal at the work place during the period of overtime now cancelled, he or she shall be entitled to a meal allowance of $14.19.

23.6.4 For the purposes of this clause registered address shall mean the address recorded by the employer.

23.7 Time off in lieu of payment for overtime

23.7.1 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.

23.7.2 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.

23.7.3 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 23.7.1, where such time has not been taken within four weeks of accrual.

23.7.4 On each occasion that the employee elects to use this provision the resulting agreement shall be recorded in the time and wages records or personnel file or forms appropriate to the enterprise at the time when the agreement is made.

24. SHIFT WORK

24.1 Hours - seven day shifts

24.1.1 This clause shall apply to shift work arranged for either continuous or successive shifts throughout a week of 168 working hours or for two shifts per day on each of the seven days of the week notwithstanding that such two shifts may not run successively.

24.1.2 The ordinary hours of such shift workers shall not exceed an average of 35 ordinary hours of work per week over the span of the shift cycle provided that the ordinary hours of any one shift shall not be more than eight hours.

24.1.3 Subject to the following conditions such shift workers shall work at such times as the employer may require:

24.1.3(a) a shift shall consist of not more than 8 hours inclusive of crib time;

24.1.3(b) except at the regular change-over of shifts an employee shall not be required to work more than one shift in each 24 hours;

24.1.3(c) twenty minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked.

24.2 Hours - other than seven-day shifts

24.2.1 The ordinary hours of all other shift workers shall not exceed an average of 70 ordinary hours of work per two week period over the span of the shift cycle to be worked in ten shifts of seven hours between 10.00 p.m. Sunday and 7.00 a.m. Saturday inclusive.

24.2.2 Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than 5 hours without a break for a meal.

24.2.3 Except at regular change-over of shifts an employee shall not be required to work more than one shift in each 24 hours.

24.3 Transfers to existing shift rosters, emergency, shutdown or start-up shifts or tanker shifts:

24.3.1 until the expiration of 48 hours’ notice of the specified shift on which he or she is to work an employee shall for all times worked on that specified shift:

24.3.1(a) if immediately previously employed on seven day shift work, be paid at the rate of double time;

24.3.1(b) if immediately previously employed on other shift work or day work, be paid at the rate of time and a half for the first three hours and double time thereafter.

For the purpose of this clause, transfers to shifts usually arranged for loading and unloading tankers shall be treated as transfers to existing shifts.

24.4 Variations of method of working shifts

The method of working shifts and/or the times of commencing and finishing shifts once having been determined may in any case be varied by agreement between the employer and the majority of employees in an enterprise to suit the circumstances of the establishment or in the absence of agreement by 48 hours’ notice of variation given by the employer to the employee or employees.

24.5 Afternoon or night shift allowances

24.5.1 Definitions

24.5.1(a) Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.

24.5.1(b) Night shift means any shift finishing subsequent to midnight and at or before 8.00 a.m.

24.5.1(c) Permanently working employee shall be deemed to be and to have been “permanently working” an afternoon shift or night shift or combination of afternoon and night shifts if:

24.5.1(c)(i) he or she works on an afternoon or night shift or combination of such shifts without rotating or alternating with another shift or with day work so as to give him or her at least one third of his or her working time off that afternoon or night shift or combination of such shifts in each shift cycle; or

24.5.1(c)(ii) he or she remains on an afternoon or night shift only, or a combination of afternoon and night shifts, for a longer period than four consecutive weeks except for employees at Vopak Terminals (Sydney) Pty Ltd employed at the Matraville site, where the period of consecutive service shall be two weeks instead of four; or

24.5.1(c)(iii) he or she is specifically engaged to work on an afternoon or night shift only, or on a combination of afternoon and night shifts only.

24.5.2 Allowances

For the ordinary hours of shift, shift workers shall be paid the following extra percentages of the rate prescribed for their respective classifications:

24.6 Saturday work - seven-day shifts

The minimum rate to be paid to a seven-day shift worker for work performed on a shift the major portion of which falls between midnight on Friday and midnight on Saturday shall be time and a half.

24.7 Saturday work - other than seven-day shifts

24.7.1 For all work done on a Saturday by a shift worker outside of his or her ordinary shift hours, other than a seven-day shift worker, the rate of pay shall be time and a half for the first three hours and double time thereafter; provided that such a shift worker required to report for work on a Saturday (other than for work in his or her ordinary shift hours) shall be paid for at least four hours at the appropriate rate for each attendance.

24.7.2 If such Saturday hours are continuous with hours commenced prior to midnight Friday then clause 24.12 hereof shall apply.

24.7.3 Such employee shall be allowed a crib time of twenty minutes without deduction of pay after each such four hours worked if he or she continues work after such crib time. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.

24.8 Sunday and holiday work - seven-day shifts

24.8.1 The minimum rate to be paid to a seven-day shift worker for work performed on a shift the major portion of which falls:

24.8.1(a) between midnight on Saturday and midnight on Sunday - shall be double time, i.e., two times the employee’s ordinary-time rate; or

24.8.1(b) on a holiday specified in clause 33 - Public holidays of this award - shall be triple time; i.e. three times the employee’s ordinary rate. Or the employee may elect to be paid at the rate of double the employee’s ordinary time rate plus an additional day’s leave without loss of pay. Such day to be taken at a time mutually agreed to by both employer and employee or in the event of annual leave occurring, to be added to the period of leave.

24.8.2 A seven-day shift worker whose rostered day off falls on a holiday, Monday to Friday inclusive, to which a day worker is entitled without loss of pay as provided in clause 19 - Allowances of this award and who is not required to work shall receive eight-hours’ pay at his or her ordinary-time rate in addition to his or her weekly wage.

24.9 Sunday and holiday work, other than seven-day shifts

24.9.1 A shift worker other than a seven-day shift worker shall be paid for all work done on:

24.9.1(a) A Sunday (other than in his or her ordinary shift hours), at the rate of double time;

24.9.1(b) on a holiday specified in clause 32 - Public holidays of this award an employee may elect to be paid at the rate of double the employee's ordinary time rate plus an additional day’s leave without loss of pay. Such day to be taken at a time mutually agreed to by both employer and employee, or in the event of annual leave occurring, to be added to the period of leave;

24.9.1(c) a holiday specified in clause 32 - Public holidays of this award, at the rate of triple time;

and payment at such rates shall continue until the employee is relieved from duty; provided that an employee required to report for work other than for work in his or her ordinary shift hours on a Sunday or holiday shall be paid for at least four hours at the appropriate rate for each attendance; provided further that the provisions for payment at the relevant penalty rates until relieved and for minimum payment shall not apply where work is continuous with the commencement or completion of the employee’s ordinary shift.

24.9.2 Where shifts commence before 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 before midnight on the day preceding a holiday and extending into the holiday shall be regarded as time worked on a holiday.

24.9.3 Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.

24.10 Work on rostered day off

For all work performed on his or her rostered day off a seven-day shift worker shall be paid at the rate of double time with a minimum payment of four hours; provided that the provision for a minimum payment shall not apply where the work on such day is continuous with the commencement or completion of the employee’s ordinary shift.

24.11 Extra rates not cumulative

The extra rates provided in clauses 24.6, 24.7, 24.8, 24.9 and 24.10 hereof shall be in substitution for and not cumulative upon the shift premium prescribed in clause 24.5 hereof.

24.12 Overtime

24.12.1 Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award shall:

24.12.1(a) if employed on seven-day shift work be paid at the rate of double time; or

24.12.1(b) if employed on other shift work be paid at the rate of time and a half for the first three hours and double time thereafter; except in each case where the time is worked:

24.12.1(b)(i) by arrangement between the employees themselves; or

24.12.1(b)(ii) for the purpose of affecting the customary rotation of shifts; or

24.12.1(b)(iii) on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with clause 13 - Stand down on employees of this award.

24.12.2 All overtime shall be paid on the weekly rate of wage that the employee is being paid. Provided that the weekly rate shall not be deemed to include any shift allowance prescribed in this award.

24.12.3 Provided however that no seven-day continuous shift worker shall be paid for overtime worked at any time at a lesser rate than is payable to an employee performing his or her normal shift at such time.

24.13 Call back

24.13.1 A shift worker recalled to work overtime after leaving his or her employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours’ work at his or her appropriate rate for each time he or she is so recalled; provided that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the work he or she was recalled to perform is completed within a shorter period.

24.13.2 Provided further that in the event of cancellation or postponement of such recall when an employee reports to his or her place of duty he or she shall be paid the above minimum of four hours for each time he or she is so recalled even if he or she is not turned to work.

24.13.3 This clause shall not apply in cases where it is customary for an employee to return to his or her employer’s premises to perform, a specific job outside his or her ordinary shift hours, or where the overtime is continuous (subject to a crib time), with the completion or commencement of ordinary shift time.

24.13.4 The provisions of this clause apply to:

24.13.4(a) a seven-day shift worker on any day other than his or her rostered day off; and

24.13.4(b) a shift worker other than a seven-day worker for any recall Monday to Friday inclusive.

24.14 Transfers to day work

Where an employee specifically engaged as a shift worker is transferred to day work and does not receive at least 48 hours’ notice of such transfer he or she shall be paid at his or her appropriate rate for all time worked on day work until the expiration of the 48 hours’ notice.

24.15 Daylight saving

24.15.1 Notwithstanding anything contained elsewhere in this award, in any area where by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State, the length of any shift:

24.15.1(a) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and

24.15.1(b) commencing on or before the time prescribed by such legislation for the termination of a summer time period;

shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

24.15.2 In this clause the expressions standard time and summer time shall bear the same meaning as are prescribed by the relevant State legislation.

24.16 Cancellation of overtime - shift workers:

24.16.1 If notice cancelling a previous instruction to work overtime is given to an employee before he or she leaves the work place a penalty payment shall not be payable.

24.16.2 If notice cancelling the instruction is sent or telephoned to the employee’s registered address before he or she would normally have left to commence work, he or she shall be paid a minimum of:

24.16.2(a) two hours at his or her ordinary time rate in the case of overtime scheduled for a day on which the employee is rostered to work an ordinary shift; and

24.16.2(b) four hours at his or her ordinary time rate in the case of overtime scheduled on a day on which an employee is not rostered to work an ordinary shift.

Provided that an additional penalty shall not be payable if the employee is not at his or her registered address when notice of cancellation is delivered or telephoned and he or she subsequently reports for work.

[24.16.3 varied by PR976354; PR983995 ppc 05Mar09]

24.16.3 If notice of cancellation provided in clause 24.16.2 hereof is not delivered or telephoned to the employee’s registered address at least one hour before he or she would normally leave to commence work and the employee would normally be expected to partake of a meal at the work place during the period of overtime now cancelled, he or she shall be entitled to a meal allowance of $14.19.

24.16.4 For the purposes of this clause registered address shall mean the address recorded by the employer.

25. SATURDAY WORK - DAY WORKERS

For all work done on a Saturday the rate of pay shall be time and a half for the first two hours and double time thereafter; provided that an employee required to report to work on a Saturday and who reports as directed shall be paid at least four hours at the appropriate rate for each attendance.

26. SUNDAY WORK - DAY WORKERS

26.1 Penalty rate

For all work done on a Sunday the rates of pay shall be double time, such double time to continue until the employee is relieved from duty; provided that an employee required to report for work on a Sunday shall be paid for at least four hours at the appropriate rate for each attendance.

26.2 Rest period to follow

An employee who works on a Sunday and (except for meal breaks) immediately thereafter continues such work shall on being relieved from duty be entitled to be absent until he or she has had ten consecutive hours off duty without deduction of pay for ordinary time of duty occurring during such absence.

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
27. ANNUAL LEAVE

27.1 Annual leave entitlement - general

Except as hereinafter provided all employees, after each twelve months continuous service with the employer, shall be granted four weeks leave on full pay.

27.2 Annual leave entitlement - seven day shift workers

In addition to the leave hereinbefore prescribed, seven day shift workers, that is employees working rostered shifts necessitating regular rostered Sunday and holiday work as part of their ordinary hours, after each twelve months’ continuous service shall be given an extra week’s leave; provided that where an employee is engaged for part only of the twelve monthly period as a seven day shift worker the extra leave to which he or she shall be entitled shall be in the same proportion of a week as the proportion which the time he or she spent as a seven day shift worker during the period bears to a year.

27.3 Payment for annual leave

27.3.1 An employee before going on annual leave shall be paid therefore at the rate at which he or she was ordinarily employed prior to his or her commencement of his or her leave.

27.3.2 Provided that for shift workers annual leave payments shall be the amount which the employee concerned would have received had he or she worked his or her actual roster but excluding overtime. Provided further that pro rata payments made on termination will be at ordinary time rates.

27.3.3 Except as provided in clause 27.11 hereof, payment shall not in any circumstances be made in lieu of annual leave.

27.4 Annual leave loading

27.4.1 Notwithstanding anything elsewhere contained in this award, payment to be made to an employee proceeding on a period of leave in accordance with this clause shall be not less than the equivalent of the sum of:

27.4.2 The ordinary time rate of pay for his or her classification as prescribed in clause 16 - Classifications and wage rates of this award for the period and the shift allowances as prescribed in clause 24.5.2 of this award and 25% of the ordinary time rate of pay. Provided that pro rata payments in lieu of leave on termination of employment shall be paid for only at the employees’ ordinary time rate of pay and shift allowance as above.

27.5 Time of taking annual leave

27.5.1 Annual leave shall be granted within six months of its becoming due.

27.5.2 Employees shall be given at least four weeks’ notice of the commencement of annual leave provided that an employee and the employer may agree that less than four weeks’ notice may be given in individual cases.

27.6 Annual leave exclusive of public holidays

27.6.1 Subject to this clause the annual leave prescribed by this clause shall be exclusive of any holidays prescribed in clause 32 - Public holidays of this award and if any such holiday falls within an employee’s period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. Provided that by mutual agreement between an employee and the employer, an employee may work such equivalent time in which case he or she shall be paid therefore at the appropriate rates prescribed by clause 27 - Annual leave of this award.

27.6.2 Where a holiday falls as aforesaid and the employee fails without reasonable cause to attend for work at his or her ordinary starting time on the working day immediately following the last day of the period of his or her annual leave he or she shall not be entitled to be paid for any such holiday.

27.7 Annual leave taken before due date

27.7.1 The employer may grant to an employee his or her annual leave, or subject to clause 27.8 hereof, a part thereof before the right to the leave has fully accrued due, but where the leave or part thereof is so taken, a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the leave or part leave was granted in advance.

27.7.2 Where the annual leave or part thereof has been granted to an employee pursuant to this clause before the right to the leave has accrued due and:

27.7.2(a) the employee subsequently leaves or is discharged before completion of the twelve months’ continuous service in respect of which the leave or part leave was granted; and

27.7.2(b) the sum paid by the employer to the employee for the leave or part leave taken in advance exceeds the sum which the employer is required to pay to the employee under 27.11 hereof;

the employer shall not be liable to make any payment to the employee and shall be entitled to deduct the amount of such excess, but excluding any sums paid for any of the holidays prescribed by clause 32 - Public holidays of this award from any remuneration payable to the employee upon termination of the employment.

27.8 Broken annual leave

The annual leave shall be given and taken in a continuous period or if the employer and the employee so agree, in two separate periods and not otherwise.

27.9 Annual leave taken as special family leave

27.9.1 Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.

27.9.2 Access to annual leave, as prescribed in 27.9.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

27.9.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken.

27.10 Calculation of continuous service for annual leave

For the purpose of this clause service shall be deemed to be continuous notwithstanding:

27.10.1 any interruption or determination of the employment by the employer if such interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; or

27.10.2 any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or

27.10.3 any absence with reasonable cause proof whereof shall be upon the employee.

27.10.4 In calculating the period of twelve months’ continuous service any such absence as aforesaid shall not, except to the extent of not more than 160 working hours in a twelve monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve months’ continuous service.

27.11 Proportionate annual leave on termination

An employee whose services are terminated for any cause whatsoever or who leaves his or her employment in any qualifying period for annual leave, shall be entitled to the cash equivalent of such leave in respect of the period worked in the proportion which that period bears to a year.

28. PERSONAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

28.1 Amount of paid personal leave

28.1.1 Paid personal leave will be available to an employee when he or she is absent due to:

28.1.1(a) personal illness or injury (sick leave); or

28.1.1(b) for the purposes of caring for an immediate family member or household member who is sick and requires the employee’s care and support (carer’s leave).

28.1.2 Personal leave of ten days will be available in each year of service.

28.1.3 Subject to 28.1.4, in any year unused personal leave accrues by ten days less the number of days of sick leave and carer's leave taken during the year.

28.1.4 Personal leave may accumulate from year to year provided that it shall be available to the employee for a maximum period of ten years, from the end of the year in which it accrues.

28.2 Immediate family or household

28.2.1 The entitlement to use personal leave for the purpose of carer’s leave is subject to the person of whom the leave is taken being either:

28.2.1(a) a member of the employee’s immediate family; or

28.2.1(b) a member of the employee’s household.

28.2.2 The term immediate family includes:

28.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

28.2.2(b) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

28.3 Sick leave

28.3.1 Entitlement

An employee is entitled to use up to ten days of his or her personal leave entitlement as sick leave in each year of service..

28.3.2 Subject to 28.1.4, an employee is entitled to use accumulated personal leave for the purposes of sick leave where the current year's personal leave entitlement has been exhausted.

28.3.3 Notification of absence

28.3.3(a) Where practicable the employee shall notify their employer of their absence prior to the commencement of the employee's next period of work. As far as practicable, the notice shall include the nature of the illness or incapacity and the estimated duration of the absence.

28.3.3(b) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

28.3.4 Evidence supporting claim

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to attend work because of injury or personal illness.

28.3.4(a) Single day absences

An employee is not entitled to sick leave for more than four absences each of a single day in any one year of service without the production (if required by his or her employer) of a certificate, from a qualified medical practitioner.

28.3.5 The effect of workers' compensation

If an employee is receiving workers’ compensation payments, the employee is not entitled to sick leave.

28.4 Carer’s leave

28.4.1 Paid leave entitlement

Subject to 28.1.4, an employee is entitled to use any sick leave entitlement which has accrued since 16 June 1997 as carer's leave in order to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.

28.4.2 Notice required

28.4.2(a) The 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.

28.4.2(b) 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.

28.4.3 Evidence supporting claim

The employee must, if required by the employer, 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.

28.4.4 Unpaid carer’s leave

An employee may take unpaid carer's leave by agreement with the employer.

29. BEREAVEMENT LEAVE

An employee shall be entitled to a maximum of three days leave without loss of pay on each occasion and on production of satisfactory evidence of the death of the employee's husband/wife, father, mother, sister, brother, child, step child or parents in law. For the purposes of this clause, the words wife and husband shall include de facto wife or husband and the words father and mother shall include foster father and mother and step father and step mother.

30. PARENTAL LEAVE

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full time, part time and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:

(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

An employer must not fail to re-engage a casual employee because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

30.1 Definitions

30.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

30.1.2 Subject to 30.1.3 , in this clause, spouse includes a de facto or former spouse.

30.1.3 In relation to clause 30.5, spouse includes a de facto spouse but does not include a former spouse.

30.2 Basic entitlement

30.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

30.2.2 Subject to 30.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

30.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

30.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

30.3 Maternity leave

30.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

30.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

30.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.

30.3.2 When the employee gives notice under 30.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

30.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

30.3.4 Subject to 30.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

30.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

30.3.6 Special maternity leave

30.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

30.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

30.3.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

30.3.7 Where leave is granted under 30.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

30.4 Paternity leave

30.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

30.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected dated of confinement, or states the date on which the birth took place; and

30.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

30.4.1(c) a statutory declaration stating:

30.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

30.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

30.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

30.4.2 The employee will not be in breach of 30.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

30.5 Adoption leave

30.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

30.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

30.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

30.5.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

30.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

30.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

30.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

30.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

30.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

30.6 Variation of period of parental leave

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

30.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

30.8 Transfer to a safe job

30.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

30.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

30.9 Returning to work after a period of parental leave

30.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

30.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 30.8, the employee will be entitled to return to the position they held immediately before such transfer.

Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

30.9.3 An eligible casual employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on parental leave.

Where such a position in no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee's former position.

30.10 Replacement employees

30.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

30.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

31. JURY SERVICE

31.1 Reimbursement for jury service

An employee required to attend for jury service during his or her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such jury service and the amount of wage he or she would have received in respect of the ordinary time he or she would have worked had he or she not been on jury service.

31.2 Notification of jury service

An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. Further the employee shall give the employer proof of his or her attendance, the duration of such attendance and the amount received in respect of such jury service.

32. PUBLIC HOLIDAYS

32.1 Prescribed public holidays

32.1.1 Employees shall be entitled without deduction of pay to the following holidays:

32.1.1(a) New Year's Day, Australia Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day (except in South Australia where Proclamation Day shall apply);

32.1.1(b) Union picnic day, to be held on a day to be mutually agreed upon between the majority of employees and the employer;

32.1.1(c) and one other day on the day fixed as follows:

32.1.1(c)(i) New South Wales: August Bank Holiday;

32.1.1(c)(ii) Victoria: Melbourne Cup Day shall be a holiday within a radius of 40 kilometres of the G.P.O., Melbourne; elsewhere in Victoria the day shall be agreed upon by the employer and the employee;

32.1.1(c)(iii) Queensland: in a district specified from time to time by the Governor-in-Council by Order-in-Council of the State of Queensland published in the Queensland Government Gazette on the day appointed under the Holidays Act 1912-1961 of that State to be kept as a holiday in relation to the annual agricultural, horticultural and/or industrial show held in the principal city or town as specified in such Order-in-Council, of such district;

32.1.1(c)(iv) South Australia: on the third Monday in May (Adelaide Cup Day);

32.1.1(c)(v) Southern Tasmania: Regatta Day;

32.1.1(c)(vi) Northern Tasmania: Recreation Day;

32.1.1(c)(vii) Western Australia: Foundation Day;

32.1.1(c)(viii) Northern Territory: Show Day;

or such other days as are generally observed in the locality as a substitute for any of the said days, respectively, together with any other holiday specially proclaimed for a State or National occasion by a State Parliament or the Commonwealth Parliament and the Legislative Council, which applies to the whole State or to the Commonwealth or to the Northern Territory, even though the holiday may be observed on different days in different localities in any State or States to which this award applies provided that no employee shall be entitled to the benefit of more than one holiday in consequence of such proclamation.

32.1.2 Employees shall be entitled without deduction of pay to the following day fixed as follows:

32.1.2(a) Victoria - Melbourne Show Day;

32.1.2(b) Other States on a day to be agreed upon by the employer and the employees.

32.1.3 Where Anzac Day falls on a weekend the next working day shall be considered as a Public Holiday.

32.2 Additional public holidays

Where in a State or Territory or locality within a State or Territory an additional public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or a locality thereof, other than by those covered by federal awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes of this award, for employees covered by this award who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.

32.3 Substitution of public holidays

32.3.1 Where in a State or Territory or locality within a State or Territory a holiday is enacted, proclaimed or gazetted by authority of the Commonwealth Government in substitution for a public holiday mentioned in this clause and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or a locality thereof other than those covered by federal awards then such day shall be deemed to be a holiday for the purposes of this award and employees covered by this award who are employed in the State, Territory or locality in respect of which such holiday has been proclaimed or gazetted shall be entitled to such holiday.

32.3.2 In the event of a substitute day being enacted, proclaimed or gazetted as aforesaid the day on which the public holiday falls in fact shall not be deemed to be a holiday for any purpose of this award.

32.4 Public holidays - penalty rates

For all work performed on the holidays prescribed herein the following provisions shall apply:

32.4.1 for seven day shift workers: clause 24.8;

32.4.2 for shift workers other than seven day shift workers: clause 24.9;

32.4.3 day workers for work performed on a holiday prescribed in clause 32.1 of this clause shall be paid triple the employee’s ordinary time rate, and such payment shall continue until the employee is relieved from duty:

32.4.3(a) the employee may elect to be paid at the rate of double the employee’s ordinary time rate plus an additional day’s leave without loss of pay, such day to be taken at a time mutually agreed to by both employer and employee or in the event of annual leave occurring to be added to the period of leave;

32.4.4 workers required to report for work on a holiday shall be paid for at least four hours at the appropriate rate for each attendance and any such employee, other than a casual employee, who works on a holiday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty, be entitled to be absent until he or she has had ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.

32.5 Absence before or after a public holiday

Where an employee is absent from his or her employment on the working day before or the working day after a holiday prescribed herein, without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such a holiday.

32.6 Failure to attend for work on a public holiday

Where an employee is notified to attend work on a holiday but without reasonable excuse does not attend or refuses to attend, he or she shall not be entitled to payment for such holiday.

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK
33. DISTANT WORK

33.1 Distant work expenses

An employee sent from his or her usual locality to work temporarily in another and who is required to obtain accommodation away from his or her usual place of abode shall be paid:

33.1.1 an amount equal to the cost of the employee's fares from and back to the employee's usual locality;

33.1.2 an amount equal to the cost of expenses reasonably incurred whilst so absent from the employee's usual locality; and

33.1.3 travelling time whilst necessarily travelling between such localities.

33.2 Distant work

An employee who is required to work temporarily at a job away from his or her accustomed workplace shall, at the direction of the employer present himself or herself for work at such job at the correct starting time; but for all time spent in reaching and returning from such job (in excess of the time normally spent in travelling from his or her home to his or her accustomed workplace and returning) he or she shall be paid travelling time, and an amount equal to any fares reasonably incurred in excess of those normally incurred in travelling between his or her home and such workplace for a period not exceeding three months.

An employee:

33.2.1 engaged in one locality to work in another; or

33.2.2 sent, other than at his or her own request from his or her usual locality to another for employment which can reasonably be regarded as permanent;

involving a change of residence, shall be paid travelling time whilst necessarily travelling between such localities and for a period not exceeding three months, expenses. Provided that such expenses shall cease after he or she has taken up permanent residence or abode at the new location.

33.2.3 Expenses for the purpose of this clause means:

33.2.3(a) all fares reasonably incurred. For boat travel, the fares allowed shall be first class on coastal boats and on interstate boats where there is no second class as distinct from steerage; and for rail travel, second class except where all night travelling is involved, when they shall be first class, with sleeping berth where available, and for air, tourist class fares;

[33.2.3(b) varied by PR976354; PR983995 ppc 05Mar09]

33.2.3(b) reasonable expenses incurred whilst travelling, including $14.19 for each meal taken;

33.2.3(c) a reasonable allowance to cover the cost incurred for board and lodging.

33.3 The rate of pay for travelling time shall be ordinary time rate, except on Sundays and holidays, when it shall be time and a half.

33.4 The maximum travelling time to be paid for shall be twelve hours out of every 24 hours, or when sleeping berth is provided by the employer for all night travel, eight hours out of every 24 of such travelling.

34. TRAVELLING, TRANSPORT AND FARES

34.1 Travelling after overtime

When an employee, after having worked overtime or a shift for which he or she has not been regularly rostered, finishes work at a time when his or her normal means of transport or reasonable means of public transport are not available the employer shall provide him or her with a conveyance to such public transport as is available, or to his or her home or pay him or her at his or her ordinary time rate for the time reasonably occupied in reaching his or her home.

34.2 Travelling before overtime

When an employee is called in before his or her usual commencing time to work overtime or a shift for which he or she has not been regularly rostered at a time when his or her normal means of transport or reasonable means of public transport are not available, the employer shall provide him or her with a conveyance to such public transport as is available, or to his or her place of work or pay him or her at his or her ordinary time rate for the time reasonably occupied in reaching his or her place of work.

34.3 Provision of transport for employer’s business

Where an employer requires an employee to travel from one Industrial undertaking to another in the employer’s time the employer must reimburse the employee for the actual expense incurred by the employee in performing such travel. Provided that this clause does not apply where the employer provides transport for the employee at the employer's expense.

PART 9 - TRAINING AND RELATED MATTERS
35. TRAINING PROGRAM

35.1 Development of a training program

Following proper consultation or through the establishment of a training committee, an employer shall develop a training programme consistent with:

35.1.1 the current and future skill needs of the enterprise;

35.1.2 the size, structure and nature of the operations of the enterprise;

35.1.3 the need to develop vocational skills relevant to the enterprise and the industry through courses conducted by accredited educational institutions and providers.

35.2 Establishment of a training committee and its role

Where it is agreed a training committee be established it shall include equal numbers of employer and employee representatives. The role of the training committee shall be clearly set out and shall include:

35.2.1 formulating a training programme including available training courses and career opportunities;

35.2.2 disseminating information on the training programme and availability of training courses and career opportunities to employees;

35.2.3 recommending individual employees for training and reclassification;

35.2.4 monitoring and advising management and employees regarding the ongoing effectiveness of the training.

35.3 Payment for training during working hours and reimbursement of costs

35.3.1 Where, as a result of consultation, including with the employee concerned, it is agreed that additional training should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

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

35.3.3 Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by an employer.

PART 10 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT AND TOOLS
36. ACCIDENT PAY

36.1 The employer shall pay an employee accident pay where the employee receives an injury for which weekly payments of compensation are payable by or on behalf of the employer pursuant to the provisions of the relevant Workers’ Compensation legislation as amended from time to time.

36.2 Accident pay means a weekly payment being the difference between the weekly amount of compensation paid to the employee pursuant to the said relevant Workers’ Compensation legislation and the employee’s total weekly award rate for the employee’s ordinary working hours per week being paid to such employee at the date of the injury giving rise to the said payment of compensation, or where the incapacity is for a lesser period than one week, the difference for that lesser period.

36.3 Accident pay payable hereunder shall be payable for a maximum period or aggregate periods in no case exceeding a total of 52 weeks for any incapacity in respect of and resulting from one injury suffered by an employee.

36.4 In the event that an employee receives a lump sum in redemption of weekly payments under the said relevant legislation, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

37. CLOTHING, EQUIPMENT AND TOOLS

37.1 Where the employer requires an employee to wear any special clothing such as overalls, aprons, gloves, footwear and wet weather clothing, the employer must reimburse the employee for the cost of purchasing such special clothing. The provisions of this clause do not apply where the special clothing is supplied by the employer at the employer's expense.

37.2 Overalls

Where overalls are supplied by the employer at the employer's expense they shall be replaced as necessary. Where the employer supplies overalls in accordance with this clause the employer shall reimburse the employee the cost of laundering such overalls unless the overalls are laundered per week at the employer’s expense.

PART 11 - AWARD COMPLIANCE
38. POSTING OF AWARD

A printed copy of this award shall be posted in a prominent place in every Industrial undertaking covered by this award.

SCHEDULE A - EMPLOYER RESPONDENTS

Bentley Chemplax Pty Ltd, PO Box 4290, Mulgrave Victoria 3170
Marstel Terminals Pty Ltd, 401 Kororoit Creek Road, Altona Victoria 3018
Origin Energy Limited, Level 39, 50 Bridge Street, Sydney NSW 2000
Terminals Pty Limited, P.O. Box 15, North Sydney NSW 2060
Vopak Terminals Sydney Pty Limited, 49 Friendship Road Port Botany NSW 2036

SCHEDULE B – ORIGIN ENERGY LIMITED SITES NOT COVERED BY THE AWARD

APPENDIX A

[Appx A varied by PR976354; PR983995 ppc 05Mar09]

MEAL ALLOWANCE - VOPAK TERMINALS SYDNEY PTY LTD, MATRAVILLE

Employees of Vopak Terminals Sydney Pty Limited employed at the Port Botany Terminal who are rostered to work 12 noon to 7.30 p.m. Monday to Friday shall be paid a meal allowance of $12.67 for each shift worked.

APPENDIX B

BOTANY ALLOWANCE

1. In respect of the special conditions which were the subject of proceedings before the Australian Industrial Relations Commission in matters C Nos 1148 of 1970, 1719 of 1973 and 2144 of 1973, an employee covered by this award who for the major and substantial part of the time worked by him/her per week works in any Industrial undertaking of the employers in Botany shall be paid a flat allowance of 14.4 cents per hour for each hour worked within such an Industrial undertaking, in addition to the appropriate wage rate prescribed by this clause.

2. This allowance shall not be taken into account for purposes of calculation of overtime, shift premiums, or other award prescriptions and shall be payable from 13 April 1973. It shall not be indexed.

DECLARATION

[Common Rule declared by PR953398 from 01Jan05]

Further to the decision issued by the Commission on 17 December 2004 [AW822096 PR953530] and pursuant to ss.141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:

1. In this Declaration:

1.1 the award means the Oil and Gas Industry Bulk Liquid Terminals Award 2002, as varied from time to time;

1.2 employees means employees in the industry who perform work of a kind that is covered by the award;

1.3 employers means employers who employ employees;

1.4 the industry shall include the reception, handling, storage, preparation, bottling, packing and delivery of goods and merchandise and all operations, processes and activities incidental or ancillary to such reception, handling, storage, preparation, bottling, packing and delivery at any of its industrial undertakings, without limiting the generality of the word, which operations shall include operations as defined in clause 4.11 of the award. It shall apply to the callings, employments or occupations of storepersons and packers, storepersons and packers (receiving training) and storepersons and packers (leading and/or charge hands) as defined in the award. It shall apply to the employment of persons in the regular employment of the employers who have accepted or offered to accept employment for work as storepersons and packers, storepersons and packers (receiving training) or storepersons and packers (leading and/or charge hands) in or in connection with any of the employers’ industrial undertakings.

2. That save for and subject to the matters referred in clauses 4 to 7 below, the whole of the terms of the award except those specified in clause 3 below, shall be:

2.1 a common rule for the industry in Victoria and known as the Oil and Gas Industry Bulk Liquid Terminals Victorian Common Rule Declaration 2005;

2.2 binding on all employers in respect of the employment by them of employees;

2.3 binding on all employees; and

2.4 binding on the National Union of Workers and registered organisations respondent to the award.

3. The following clauses of the award are not included in Oil and Gas Industry Bulk Liquid Terminals Victorian Common Rule Declaration 2005:

3.1 clause 5 - Commencement date of award and period of operation;

3.2 clause 6 -Coverage of award; and

3.3 clause 7.2.

4. Subject to 4.1 to 4.5 below, all provisions in the Oil and Gas Industry Bulk Liquid Terminals Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

4.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.

4.2 With respect to redundancy payments for employees of employers who have less than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating ‘service’.

4.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating ‘service’. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]

4.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.

4.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.

5. The Oil and Gas Industry Bulk Liquid Terminals Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.

6. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]

7. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below.]

8. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Oil and Gas Industry Bulk Liquid Terminals Victorian Common Rule Declaration 2005, the matter may be referred to a board of reference consisting of a member of the Commission which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.

8.1 An appeal lies from a decision of a board of reference to a Full Bench of the Commission.

8.2 This clause shall apply for a period of twelve months from the commencement date of the Oil and Gas Industry Bulk Liquid Terminals Victorian Common Rule Declaration 2005.

8.3 Any registered organisation bound by the terms of the Oil and Gas Industry Bulk Liquid Terminals (Victorian Common Rule) Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.

9. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 10 below.

10. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act. [See Note 3 below.]

Note 1

1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) – it does not prevent the award from applying to employees with disabilities in open employment; and

3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.

Note 2

1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, "existing arrangements" includes the making of contributions to such funds.

2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.

3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.

4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.

5. The exception applies subject to any Commonwealth legislation to the contrary.

Note 3

1. Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).

ALPHABETICAL INDEX

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