AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
Code of Conduct
Boral is committed to achieving the highest possible standards of Boral/Operator relations, consistent with the interest of all stake holders in Boral, including shareholders, employees and subcontractors. The key to good relations is having rules that are fair and applied consistently. This Code of Conduct is designed to allow you, employees and Boral Management to know what is mutually expected of them by Boral. It is premised on the principles of fair play, basic good manners and a genuine concern for the individual. It is not designed or intended to replace the Disputes Procedure (Clause 24). Rather it is a detailed guide to you/employees/ Management of their rights and responsibilities AND suggested methods of Boral Management/operators interaction that can and should take place, in order to minimise matters being referred to the Disputes Procedure.
Rights And Responsibilities
It is your Responsibility to:
Present your truck and mixer on time as required at the predesignated plant.
Maintain truck and mixer in a clean and tidy condition giving good presentation to the customer and public.
Be a courteous and careful driver.
Maintain a clean, neat personal appearance and presentation to the customer. Maintain a good, courteous relationship with the customer. Display sound product knowledge and awareness of the importance of quality product and service.
Undertake such training as is required by Boral's Quality Assurance Programme. Work harmoniously with plant staff, other operators and employee drivers. It is your right:
1. To be treated fairly and courteously by ALL Boral's personnel.
2. After having presented at a plant for work, to receive a fair allocation of the work available on the day. If you consider yourself to have been treated unfairly you have the right to sight the relevant Boral documentation at a mutually agreed time.
3. Where Boral provides you with the mixer, for the mixer to be adequately maintained by Boral so that you are not hampered by excessive mixer downtime.
4. In the event of a dispute over any matter, to have the opportunity to present your case and to be impartially judged. To also be represented by Boral, Union delegate or official if requested.
5. To consult with the Plant Manager or, in the absence of the Plant Manager, the Allocator, regarding work load/plant trucking.
6. Upon commencing your engagement to start with a clean record regarding this Code of Conduct.
7. To be able to report any improper conduct without fear of reprisal. Conduct Committee/Delegates
A committee shall operate to adjudicate on questions of possible breaches of this Code of Conduct by an Operator and shall comprise of two (2) company personnel and two (2) operator representatives, such operators to be elected by the Operators. This committee will meet whenever required to deal with an incident or every six (6) months on a regular basis. Members of the committee will normally serve for two (2) years with half the members retiring every twelve (12) months. Should the Conduct Committee be unable to agree on a suitable course of action, the matter will be referred to the Disputes Procedure as agreed. You have the right of access to the Disputes Procedure should you feel that you have been unfairly treated by the Conduct Committee.
Company Standards
Conduct to be avoided:
1. Reporting to work or working under the influence, or imbibing of intoxicating liquor or prohibited drugs during the working day.
2. Offensive behaviour which adversely effects the interests or reputation of Boral or its employees.
3. Any act of violence, fighting, brawling or any other disorderly or undesirable conduct on company time or property.
4. Conduct endangering the life, safety or health of others.
5. Theft of, or wilful damage to the property of Boral or those engaged in Boral operations.
6. Falsifying personal or company records, including engagement applications, or counterfeiting any company form or forging a signature thereon.
7. Any other misconduct.
8. Failure - refusal to follow reasonable instructions of Boral officers or supervisors.
9. Driving in a reckless manner.
10. Failure to take reasonable steps to comply with environmental control procedures.
11. Deviation from company practice as outlined in the Operating manual (Clause 25). Other Misconduct For conduct other than Serious Misconduct, the accused is to be counselled by the relevant area manager and/or customer services manager in accordance with the counselling procedure in the presence of delegates.
Counselling Procedures
Counselling by Managers/Supervisors and Delegates involves:
1. Explaining how the accused has departed from required standards.
2. Obtaining information from the accused on any relevant circumstances affecting their conduct.
3. Checking whether the accused has everything to do their job properly (i.e. adequate training and tools provided and the accused understands what is required).
4. Agreeing on changes to be made.
5. Setting a review date which permits time for the accused to demonstrate improvement.
6. Reviewing performance and recognising improvement.
A Guide to Counselling (Supervisor/Manager)
(a) Ensure that you have all the pertinent and necessary information for a factual discussion.
(b) Advise the accused of the time, date, place and subject of counselling, such time and location to be mutually agreed upon.
(c) Have a witness present and allow the accused to also have a Union witness/representative present.
(d) The counselling should be conducted in a serious manner but should not be threatening in any way.
(e) Having put the circumstances to the accused, they should be afforded the proper opportunity to respond. It is essential that they be afforded a fair and full hearing.
(f) A summary of the counselling should be clearly stated in written form with copies being made available to the accused concerned and the Executive delegate.
(g) Where performance improvement is required, this should be indicated with a guide as to how this may be achieved with a reasonable time frame for that improvement as instructed, this guide to be formalised in writing.
(h) An offer should be made to the accused that assistance is available and clarify who they should turn to for help in improving their performance.
If the accused conduct continues to be unsatisfactory after counselling, it will be followed by:
1. Up to three (3) written warnings, dependant upon the seriousness of the breach of the Code of Conduct.
2. Other appropriate corrective action.
The General Manager may temporarily suspend or transfer the accused pending a decision on corrective action. These measures will be used when it is necessary to remove an accused from the workplace, eg. if an operator/employee is under the influence of intoxicating liquor/prohibited drugs, assaults another operator/employee, customer, or member of the public, steals from the customer or other employees of Boral. Such suspension or transfer not to be of an unreasonable time frame.
Corrective Action
Repetitive breaches of the Code of Conduct will be deemed as misconduct on the part of the accused and if counselling has failed to improve that conduct, then corrective action must be taken.
Warnings - are an indication of possible dismissal if misconduct continues, all warnings to be in written form.
Suspensions - are used in cases of serious or repetitive misconduct which does not warrant dismissal in that instance. To be approved by General Manager.
Dismissal - Termination of your engagement will occur in the event of serious or repeated misconduct. In the case of an operator, the following alternatives are available depending on the circumstances of the misconduct:
1. You will be given a reasonable period of time to find a buyer.
2. You will be given a reasonable period of time to find a buyer but with a replacement driver approved by management, such approval not to be unreasonably withheld.
3. You will have your engagement instantly terminated.
4. If disputed, you may challenge Boral's decision in any appropriate tribunal or court. Records Of Corrective/Counselling Action
(a) On the run corrective instructions. Plant managers diary entry with follow up intention. Accused to be advised of charges levelled against them.
(b) Records of counselling to include breaches of the Code of Conduct, together with any action or explanation offered. Formal letter from manager/supervisor, copy to accused and your personal file. Also copy to Executive delegate.
(c) Warnings - formal letter to manager/supervisor/accused/accused representative and your personal file.
(d) Dismissal - formal letter to accused stating reason for dismissal, previous warnings and counselling and terms of dismissal. Copy to manager/ supervisor/accused/accused representative and your personal file.
(e) When allegations are unproved, a letter acknowledging innocence to be provided to the accused and the Executive delegate. Personal file to be noted accordingly.
(f) Should the accused maintain a clean record for a period of two (2) years, then all previous written warnings are to lapse. Such lapsed record is not to be used in determining any possible future, disciplinary action should the occasion arise.
