G. JAMES GLASS ENTERPRISE BARGAINING AWARD 1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1049 of 2001)
|
Before Commissioner
Patterson
|
3 July 2001
|
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Application
and Incidence of Award
3 Scope
4. Parties
Bound
5. Date and
Period of Operation
6. Relationship
to Parent Awards
7. Statement
of Attitude and Intent
8. Hours of
Work
9. RDO
Flexibility
10. Shift Work
on Public Holidays
11. Tool
Allowance
12. Meal and
Other Breaks
13. Picnic Day
14. Labour
Flexibility
15. Delivery
Personnel - On-site Labourers
16. Probationary
Employment
17. Use of
Safety Equipment
18. Occupational
Health and Safety
19. Affirmative
Action and Anti-discrimination
20. Superannuation
21. Meetings
22. Protective
Clothing
23. Redundancy
24. Workers'
Compensation
25. Top-up
Insurance
26. Smoking
27. Drugs and Alcohol
28. Rehabilitation
29. Apprentices
30. Settlement
of Disputes and Grievances
31. Payment of
Wages
32. Single
Bargaining Unit
33. No
Precedent
34. No Extra
Claims
35. No
Disadvantages
36. Wage
Increase
37. Translation
Within Awards
38. Union
Membership
39. Union Dues
40. Area and
Incidence
PART B
MONETARY RATES
Table 1 - Classification Wage Schedule
2. Application and
Incidence of Award
This award shall apply to the following site of G. James Safety
Glass Pty Ltd and G. James Glass and Aluminium Pty Ltd (herein called "the
Company")
26 Long Street, Smithfield.
3. Scope
This award shall cover and be binding on all employees
involved in the manufacture and processing of glass and aluminium products,
including the setting up and maintenance of machinery and the delivery of
products to customers and building sites, who are listed at the sites below and
who are engaged under the conditions of the awards also listed below:
Factory employees at 26 Long Street , Smithfield, who are
covered by the Glass Workers' (State) Award as varied.
Factory employees at 26 Long Street, Smithfield, who are
covered by the Joiners (State) Award as varied.
Delivery personnel/on-site labourers employees at the above
site who are covered by the National Building and Construction Industry Award,
pursuant to clause 15, Delivery Personnel and On-site Labourers, of this award.
4. Parties Bound
This award is made between, and is binding on, G. James
Safety Glass Pty Ltd, G. James Glass and Aluminium Pty Ltd and the following
classes of employees who are eligible to be members of the Construction,
Forestry, Mining and Energy Union, Construction and General Division, New South
Wales Branch:
Factory employees at 26 Long Street, Smithfield, who are
covered by the Glass Workers' (State) Award.
Factory employees at 26 Long Street, Smithfield, who are
covered by the Joiners (State) Award.
Delivery personnel/on-site labourers employees at the above
site who are covered by the National Building and Construction Industry Award,
pursuant to clause 15, Delivery Personnel and On-site Labourers, of this award.
5. Date and Period of
Operation
This award rescinds and replaces the G. James Safety Glass
Enterprise Bargaining Award 1998 published 7 April 2000 (314 I.G 845).
The award published 7 April 2000 took effect from the
beginning of the first pay period to commence on or after 26 October 1998.
The changes made to the award pursuant to the Award Review pursuant
to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 3 July 2001.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
6. Relationship to
Parent Awards
The terms and conditions of this award shall be read in
conjunction with the terms and conditions of the following parent awards:
Glass Workers' (State) Award, as varied;
Joiners (State) Award as varied;
National Building and Construction Industry Award (pursuant
to clause 15, Delivery Personnel - On-site Labourers, of this award),
except that, where an inconsistency occurs, the terms and
conditions of this award will prevail to the extent of any inconsistency over
the parent awards.
7. Statement of
Attitude and Intent
(i) Training - In
order that the improvements required achieve their objectives of demonstrable
gains in efficiency, the Company shall develop a structured training agreement
consistent with the current and future skills required by the Company and its
employees. The agreement will outline
and detail the processes involved in establishing the skills training and
career path development for G. James employees at the enterprise level. When finalised, the agreement will be signed
at a peak management and union level.
The training agreement will be developed through
consultation within the Training Committee.
Employees, on their part, will be offered training to gain the skills
required. Where, as a result of
consultation through the Training Committee and with the employee or employees
concerned, it is agreed that additional external training in accordance with
the structured training plan should be undertaken by an employee during their
normal ordinary working hours, the employee or employees concerned shall not
suffer any loss of pay.
(ii) Commitment -
The parties to this award recognise that in order to increase the efficiency,
productivity and international competitiveness of G. James, a greater
commitment to training and skill development is required. Accordingly, the parties commit themselves to:
(a) developing a
positive work attitude;
(b) accepting
changes;
(c) initiating
changes;
(d) making
suggestions to achieve improvements;
(e) measurement of
work performance with employee and management agreement;
(f) taking
advantage of training and advancement wherever possible;
(g) identifying
and solving problems at the closest point of action; and
(h) issues arising
from this award will be communicated to the employees by the Enterprise
Bargaining Committee.
8. Hours of Work
The 38-hour week shall be worked as:
an eight-hour day for four days per week, with six
hours worked on the remaining day; or
a rostered day off arrangement.
9. RDO Flexibility
Employees working the 38-hour week on a rostered day off
(RDO) system may, by agreement with the company, have the RDO on any day within
19 days before or after the designated building industry RDO. Where agreed between the employee and the
company, the employee may bank RDOs to a maximum of five RDOs in a 12-month
period.
10. Shift Work on
Public Holidays
Whenever a public holiday falls on a mid-week day, then the
time off for that holiday shall apply to any shift where the majority of the
shift falls during the hours of the holiday.
Any portion of an adjoining shift, which falls during the hours of the
public holiday, shall be considered as ordinary time for that shift.
11. Tool Allowance
Most tradesmen working in our factories are provided with
all necessary tools to perform their duties.
No tool allowance is payable in this situation. If, by agreement, a tradesman is required to
provide his own tools, then the appropriate tool allowance shall be paid as per
the parent award. Apprentices shall be
paid a tool allowance in accordance with the relevant parent award.
12. Meal and Other Breaks
All work breaks for meals, meal periods, meal breaks,
morning tea, afternoon tea, crib time, crib break, walking time,
walking/washing time, wash-up time, wash time, rest time or rest periods taken
during the ordinary hours of any shift or during any overtime period will not
be counted as time worked, nor will any payment be made for this time.
All meal breaks may be a minimum of 20 minutes, except for
the morning tea break on day shift, which will be 15 minutes.
A set of working hours for each factory is to be documented
to comply with this clause.
A typical work day could be:
|
7.00a.m. to 9.30 a.m. working
|
= 2½ hours
|
|
9.30a.m. to 9.45 a.m. morning tea
|
|
|
9.45a.m. to 12.30 p.m. working
|
= 2¾hours
|
|
12.30p.m. to 1.00 lunch
|
|
|
1.00p.m. to 3.45 p.m. working
|
= 2¾hours
|
|
|
|
|
Total
|
8 hours
|
13. Picnic Day
The union picnic day is to be observed:
on the first Monday in August of each year; or
on the first Monday in December of each year; or
on any day during the year to provide an extended long
weekend;
to be decided between the consultative committee and
the management at each factory, in agreement with a majority of employees and
the union.
14. Labour
Flexibility
The workforce will be multi-skilled. All employees will perform work that is safe
and within their level of skill, training and competence. This shall include work that is incidental
and/or peripheral to their main task or function, provided it is within the
employee's skill level and classification.
Employees may be transferred and/or rotated between
machines, shifts, factories or operations as required by management, and will
not unreasonably refuse to do so. There
shall not be any demarcation of work at the site. All employees shall take all reasonable steps to ensure the
quality, accuracy and completion of any job assigned to each employee.
15. Delivery
Personnel - On-Site Labourers
Those employees employed as delivery personnel involving
on-site labouring shall be classified as Group 3 Labourers under the National
Building and Construction Industry Award.
All other award conditions shall be as per the appropriate parent award
applying at the factory locality the employee is based at, excluding the
periods of time the employee is involved in on-site labouring work, in which
case the employee shall receive the conditions as per the National Building and
Construction Industry Award.
When delivering to construction sites, delivery personnel
may assist with the movement of goods and equipment at the site for up to one
hour without any requirement to be paid any site-related allowances.
For any time spent in excess of one hour actually working
on-site (excluding waiting time), the employee shall receive no less than the
conditions applicable in the G. James Glass and Aluminium Pty Ltd On-site
Employees Agreement.
16. Probationary
Employment
The first 12 weeks of employment shall be on a daily basis,
terminable by one day's notice on either side or the payment or forfeiture of
one day's pay. During this probationary
period, the normal rates of pay shall be applicable. During this probationary period, only one verbal warning need be
issued prior to termination if the employee is considered unsuitable for the
position.
17. Use of Safety
Equipment
The parties agree that all employees shall, when requested
by their supervisor, use appropriate safety apparel and equipment that has been
recommended and approved by the Occupational Health and Safety Committee. Failure to use appropriate safety equipment
may lead to dismissal.
18. Occupational
Health and Safety
All parties to this award are committed to the safe
operation of plant and equipment, to the observance of safe working practices,
the correct and proper use of all personal protective equipment and to the
safety and good health of all employees.
The company recognises its responsibility to provide a safe and healthy
workplace and, accordingly, agrees:
(1) All current
codes of practice, regulations, Workplace Australia documentation and approved
and recognised industry standards are acknowledged and will be followed as a
minimum requirement, so as to meet and comply with the company's obligations
under the Occupational Health and Safety
Act 1983.
(2) All employees
elected to safety committees will be allowed to attend a safety
committee-training course at a mutually agreed time.
(3) The company
will strive to maintain a minimum of at least one trained and certified
first-aid employee at each factory and on each shift. Training will be conducted at a mutually agreeable time. The company occupational health and safety
policy and requirements of employees are detailed in the company Workplace
Health and Safety Handbook, which is provided to all employees.
19. Affirmative
Action and Anti-Discrimination
The company has developed policies in regard to equal
opportunity, sexual harassment, discrimination and affirmative action.
These policies and requirements are detailed, along with
many other matters, in the company booklet regarding conditions of employment,
which is provided to all employees.
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and carer's responsibility.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination Act, 1977 it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
20. Superannuation
The company will pay $50.00 per week contribution into the
Construction and Building Unions Superannuation Scheme (C + BUSS) for each
factory employee, including adult apprentices, employed under the Glass
Workers' (State) Award. All
superannuation contributions will be paid monthly, as required by the trust deed.
21. Meetings
To facilitate effective consultation with employees, the
union and the company shall jointly hold up to two one-hour paid communications
meetings involving the employees in any 12-month period. At the conclusion of the joint meeting, the
company shall allow the union the balance of the time for discussion with its
members independent of the company.
Such meetings shall be held during ordinary hours of work at an agreed
time and place. The time allocated to
the union portion of these meetings shall be deducted from the entitlement for
industry meetings under any of the parent awards.
22. Protective
Clothing
Each factory employee will be supplied with one sweatshirt
per year, plus one of these alternatives:
(a) two shirts and
two pairs of trousers per year;
(b) two sets of
overalls per year.
Safety shoes or boots will be provided and replaced on
a fair wear and tear basis. Employees
engaged in glass edge grinding shall be provided with suitable waterproof
safety footwear and ankle covers to stop water splashing into shoes. Backbraces
will be provided on request by the employees.
All protective clothing or equipment that has been supplied must be
utilised or worn appropriately during working hours.
23. Redundancy
Any employees employed under the conditions of the Glass
Workers' (State) Award or the Joiners (State) Award who are subject to being made redundant shall be paid, as a
minimum, the amounts prescribed under the conditions set in the Joiners
Redundancy (State) Award or the Glass Workers' Redundancy (State) Award
whichever is appropriate.
Any employee at the safety glass factory who, as at 1 March
1998, has more than ten years service and who is subsequently retrenched
(except by voluntary retrenchment) will be paid two weeks' redundancy pay per
year of service up to a maximum of 33 weeks redundancy pay at the ordinary rate
of pay, excluding overaward payments and allowances for site, travelling,
shift, disability or similar allowances that do not directly relate to a normal
week's pay.
Safety Glass employees requesting voluntary retrenchment
will receive only the payments due as per the Glass Workers' (State)
Award. The parties agree that the
redundancy provisions will be subject to renegotiation after the expiry of this
award.
24. Workers'
Compensation
When employees are on workers' compensation, they will be
paid at their ordinary parent award pay rate, including any enterprise award
pay rates, but excluding any other overaward pay, shift allowances or any other
allowances.
After the first 26 weeks of incapacity, the provisions of
the Workers' Compensation Act 1987
shall apply in respect to amounts of weekly compensation.
25. Top-Up Insurance
Top-up insurance will be paid for factory employees during
the period of operation of this award.
26. Smoking
Smoking is not allowed in situations, which could affect
fellow employees. Smoking is prohibited
in all offices, meal rooms, vehicles, toilets and other confined areas or
within ten metres of other persons whilst working in open factory or site
areas.
27. Drugs and Alcohol
Any person who reports to work affected by drugs or alcohol
will not be allowed to work and will not be paid whilst unfit to work. When next they report fit for work, they will
be counselled and advised that any repeat offence will lead to an immediate
expectation that the employee will seek external counselling (at their own
expense) and, if they fail to undertake counselling or treatment, they will not
be considered fit to continue work and will have their employment terminated.
A training seminar to inform the employees of the
rehabilitation services that are available will be provided by the union. To assist with the adoption and
implementation of this policy toward the treatment of drug and alcohol
problems, the company hereby affirms its support of the Building Trades Group
Drug and Alcohol Program.
The company will provide access at an agreed time and venue
for representatives of the Building Trades Group Drug and Alcohol Program to
address a meeting of employees and also allow selected appropriate personnel to
attend, at a mutually agreeable time, a two-hour Building Trades Group Drug and
Alcohol Safety and Rehabilitation Training Program. The company will, within one month of this award being made, pay
the sum of $250.00 to the Building Trades Group Drug and Alcohol Program
Committee as full recompense for the services in respect of workplace and
delegate training and education information and counselling that may be
required for company employees.
28. Rehabilitation
The company will maintain a rehabilitation policy as
required by the Occupational Health and
Safety Act 1983. Suitably trained
staff will be provided to administer this policy. Suitable duties to assist with the rapid rehabilitation of
injured employees will be provided whenever possible.
29. Apprentices
The company will provide a minimum of one new apprenticeship
or adult apprenticeship each year.
Apprenticeship wages will be at the percentage rates set in the parent
awards, but based on the appropriate tradesman's pay rates set in this award.
30. Settlement of
Disputes and Grievances
Any industrial dispute or claim shall be dealt with in the
following manner:
Disputes on any work-related or industrial matter should be
dealt with as close to the source as possible.
(i) Any grievance
should first be discussed between the employee/delegate and the immediate
supervisor. Every effort should be made
to resolve the matter at this point.
(ii) If the matter
should remain unresolved it should be referred to the Factory Manager, who
should make every effort to resolve the matter by amicable discussion with both
the employee and the supervisor involved.
(iii) If the matter
is still unresolved, an appropriate union official should be notified and
discussion occur involving the New South Wales General Manager, the union
official and the parties concerned, at the earliest possible time.
(iv) If the matter is
still unresolved, then the union official and the New South Wales General
Manager should refer the matter to a State Secretary of the union and the
Industrial Relations Committee of the employer's association for discussion.
(v) Without
prejudice to either party, whilst the above procedure is being effected, all
parties shall make every endeavour to ensure that work continues normally and
in the manner it was conducted prior to the dispute.
(vi) A dispute that
cannot be settled by following the procedures described in subclauses (i) to
(iv) of this clause may be referred by either party to the Industrial Relations
Commission of New South Wales.
(vii) The dispute
shall not be referred to the Industrial Relations Commission until subclauses
(i) to (iv) have been completed.
(viii) This clause
shall not apply to any dispute as to a bona fide safety issue.
31. Payment of Wages
The company is eligible to make all payments of wages by
electronic funds transfer. All
employees will nominate a bank account for this purpose.
32. Single Bargaining
Unit
A Consultative Committee has been established and negotiated
the terms of this award. The role of the Consultative Committee is to discuss
and implement changes that will improve efficiency and productivity on an
ongoing basis.
The Consultative Committee consists of factory
representatives, administration representatives, CFMEU representatives and
management representatives.
The Consultative Committee operates with a written
constitution and decisions of the Consultative Committee are reached by
consensus.
33. No Precedent
The parties agree that the contents of this award shall not
be used as a precedent to base or progress any such claims upon the company or
any other organisation.
34. No Extra Claims
The parties agree that there shall be no further wage
increases claimed during the life of this award, except where consistent with
future State Wage Case decisions.
35. No Disadvantages
This award shall not operate so as to cause an employee to suffer
a reduction in ordinary-time earnings or in national standards such as normal
hours of work, annual leave or long service leave.
36. Wage Increase
The wage increase will not be absorbed in any current
overaward payments. The wage increase
will not apply to increase any current overaward payments. The wage increase will not apply to any
allowances. The new pay rates are to
apply for the employees of all branches.
The pay increases agreed to are based on the current G.
James Glass Enterprise Bargaining Award 1996 pay rates.
The wages shall be as set out in Table 1 - Classification
Wage Schedule, of Part B, Monetary Rates.
37. Translation
Within Awards
The company will provide to all employees affected by a
change in award structure details of their current award classification and
rates of pay applying prior to the implementation of this award.
When this award is effective, those employees who will be
employed under the terms of the Joiners (State) Award will be translated to the
skill levels and classification structure contained in that award. To facilitate this process, an interim
assessment of employees will take place by suitable qualified management and
employee personnel to establish the appropriate skill level for each employee.
Absorption of current overaward payments may occur as a
result of any reclassification. If any
dispute arises out of this process, the dispute procedure contained in clause
30, Settlement of Disputes and Grievances, shall apply.
38. Union Membership
The Company encourages union membership.
39. Union Dues
Where requested by the union and where authorised by an
employee the Company may assist with deduction of union fees or arrears payable
to the union.
40. Area and
Incidence
(a) The terms and conditions
of this award shall be read in conjunction with the terms and conditions of the
following parent awards:
Glass Workers' (State) Award, as varied;
Joiners (State) Award as varied;
National Building and Construction Industry Award
(pursuant to clause 15, Delivery Personnel - On-site Labourers, of this award),
except that, where an inconsistency occurs, the terms
and conditions of this award will prevail to the extent of any inconsistency
over the parent awards.
PART B
MONETARY RATES
Table 1 - Classification Wage Schedule
The classification structure applicable under this award is
set out below. The pay rates shown include the industry allowances.
|
|
G. James
|
Existing
|
Rate of
|
Nine
|
Nine
|
Nine
|
Nine
|
|
|
Classifi-
|
Weekly
|
pay from 1
|
months
|
months
|
months
|
months
|
|
|
Cation
|
wage rates
|
June 1998
|
later
|
later
|
later
|
later
|
|
|
Reference
|
|
|
|
|
|
|
|
Glass Employees
|
|
|
|
|
|
|
|
|
Cutter Glazier
|
H
|
552.00
|
569.00
|
586.00
|
603.00
|
621.00
|
640.0
|
|
Furnace Operator
|
G
|
543.00
|
559.00
|
576.00
|
593.00
|
611.00
|
629.00
|
|
Auto Mach Op 1
|
F
|
526.00
|
542.00
|
558.00
|
575.00
|
592.00
|
610.00
|
|
Delivery/Labourer
|
E
|
516.00
|
531.00
|
547.00
|
564.00
|
581.00
|
598.00
|
|
Loader/Unloader
|
D
|
501.00
|
516.00
|
532.00
|
547.00
|
564.00
|
581.00
|
|
Auto Mach Op 2
|
C
|
485.00
|
500.00
|
515.00
|
530.00
|
546.00
|
562.00
|
|
Utility Worker
|
B
|
476.00
|
490.00
|
505.00
|
520.00
|
536.00
|
552.00
|
|
All other Labour
|
A
|
444.00
|
457.00
|
471.00
|
485.00
|
500.00
|
515.00
|
|
Joinery employees
|
|
|
|
|
|
|
|
|
Shopfitter 6
|
H
|
552.00
|
569.00
|
586.00
|
603.00
|
621.00
|
640.00
|
|
Joiner 5
|
G
|
543.00
|
559.00
|
576.00
|
593.00
|
611.00
|
629.00
|
|
Delivery Labourer
|
E
|
516.00
|
531.00
|
547.00
|
564.00
|
581.00
|
598.00
|
|
Assembler 4
|
D
|
501.00
|
516.00
|
532.00
|
547.00
|
564.00
|
581.00
|
|
Group 3
|
B
|
476.00
|
490.00
|
505.00
|
520.00
|
536.00
|
552.00
|
|
Group 2 &1
|
A
|
444.00
|
457.00
|
471.00
|
485.00
|
500.00
|
515.00
|
R. J. PATTERSON, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.