AN140062 – Clay Products Industry Award

AN140062 – Clay Products Industry Award - State 2003

SCHEDULE 2 - ENTERPRISE AGREEMENTS PURSUANT TO CLAUSE 2.1 OF THE AWARD

1.1 Austral Brick Co. Pty. Ltd. Enterprise Agreement

(a) The following clause shall apply in lieu of clauses 6.1, 6.2, 6.3 and 6.4:

(1) Day Workers - The ordinary working hours for day work employees shall not exceed 8 in any one day or 38 in any one week and shall be worked, as mutually arranged between employer and employees, between 6.00 a.m. and 5.00 p.m. on Mondays to Fridays inclusive:

Provided that an altered range of hours can be worked by agreement with the District Secretary of The Australian Workers' Union of Employees, Queensland, or where relevant, with the Branch Secretary of the Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees.

(2) Shift Workers - The ordinary working hours of shift workers shall not exceed 8 hours in any one day and 38 hours in any week and shall be worked in accordance with rosters mutually agreed upon between the employer and the District Secretary of The Australian Workers' Union of Employees, Queensland or, where relevant, with the Branch Secretary of the Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees:

Provided that where it is mutually agreed between the employer and the burners a 76 hour fortnight may be worked.

(3) Meal Break - Day workers shall be allowed not less than thirty minutes nor more than one hour for a meal which shall be in the employee's time and shall be taken during the 4th and/or 5th hour from ordinary commencing time.

Where more than one shift per day is worked, an unbroken 30 minutes shall be allowed for crib in the employer's time during each shift in such a manner as not to interfere with the continuity of work.

(4) Rest Pause - Every employee covered by this Award shall be entitled to a rest pause of 10 minutes' duration in the employer's time in the 1st and 2nd half of the employee's daily work. Such rest pauses shall be taken at such time as will not interfere with the continuity of work where continuity is necessary:

Provided that employees, where required, shall forego their rest pause in the afternoon to ensure continuous production and shall be entitled to payment for the additional period so worked at the rate of time and a-half.

(b) The following clause shall apply in lieu of clause 6.6 (Overtime):

(1) All time worked before the ordinary starting time or after the ordinary ceasing time, or outside the ordinary working hours, or in excess of 38 hours per week, shall be deemed to be overtime.

(2) All overtime, except as hereinafter provided shall be paid for at one and a-half times the ordinary rate for the first 3 hours and double time thereafter:

Provided that if employees are called upon to work overtime on Saturday they shall be paid at one and a-half times the ordinary rate for the first 3 hours and double time thereafter, with a minimum of 3 hours' work or payment therefore.

(3) Overtime worked by shift workers shall be paid for at the rate of double time.

(4) Except in the case of continuous shift workers for whom Sunday work is a rostered ordinary shift, all time worked on Sundays shall be deemed to be overtime and shall be paid for at the rate of double time, with a minimum of 3 hours' work or payment therefore.

(5) Any employee who is required to continue working for more than one period of 2 hours after the ordinary ceasing time shall be allowed thirty minutes for a meal after the first 2 hours worked and also, thirty minutes after each further 4 hours worked. No deduction of pay shall be made for such meal breaks.

(6) Any employee called upon to work overtime for more than 2 hours after the ordinary ceasing time shall be paid an allowance of $9.60 for a meal, or shall be supplied by the employer with a reasonable meal in lieu of such payment, in respect of each meal break allowed during such overtime as provided for in clause 1.1(b)(5) hereof.

(7) Where an employee has provided themselves with customary meals after receiving notice to work certain overtime the employee shall be paid the relevant meal allowance of $9.60 for each meal so provided in the event that the overtime work is not performed or ceases before the notified time of conclusion of work where such time of conclusion would, but for the giving of prior notice, have involved payment of one or more meal allowances.

(8) All time worked by employees during their ordinary meal period shall be paid for at the rate of double time.

Where an employee is called upon to work during their ordinary meal period the employee shall, if a day worker, be allowed a break in the employer's time of not less than thirty minutes nor more than one hour, or, if a shift worker, one-half hour break after the completion of such work.

Until such break is allowed the employee shall be paid at the rate set out herein.

(9) An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times shall, subject to clause 1.1(b)(9), be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of their employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee shall be paid double rates until released from duty for such period and the employee shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence:

Provided that where an employee is recalled to work overtime and works not more than 2 hours' overtime, clause 1.1(b)(9) shall not apply.

The provisions of clause 1.1(b)(9) shall apply in the case of shift workers who rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked :

(i) for the purpose of changing shift rosters; or

(ii) where a shift worker does not report for duty; or

(iii) where a shift is worked by arrangement between the employees themselves.

1.2 Boral Bricks (Qld) Limited

(1) Application - The conditions of this Agreement shall over-ride any conflicting provisions contained in the body of the Award.

Except if expressly or impliedly amended or superseded by this Agreement, the Award shall have application.

(2) Hours of Duty - The spread of ordinary hours shall be 5.00 a.m. to 5.00 p.m., Monday to Friday:

Provided that ordinary hours may be worked by shiftworkers on Saturdays and Sunday by agreement.

The number of ordinary hours worked per day shall not exceed 10:

Provided that where such ordinary hours exceed 8, the working of such hours shall be by agreement between the employer and the majority of employees concerned:

Provided further that, by agreement between the employer, the employees and the Union, up to 12 ordinary hours may be worked per day, subject to:

(a) the employer and the employee concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12 hour shifts;

(b) proper health monitoring procedures being introduced;

(d) proper supervision being provided.

The ordinary hours shall be an average of 38 per week, to be worked on one of the following ways:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or

(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or

(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or

(iv) 152 hours within a work cycle not exceeding 28 consecutive days.

(3) Shift Work and Penalties - Any employee whose ordinary hours fall wholly or mainly outside the hours prescribed by subclause (2) of this Agreement shall be deemed to be shift workers and paid an allowance as prescribed by clause 6.7 (Shift Work) of the Award.

The shift allowance prescribed by clause 1.2(3) shall only have application where the employee is required to work such hours, and shall be paid per occasion.

Except in the case of continuous shift workers where an employees ordinary hours fall on a Saturday or Sunday for part of a shift only, such employee shall be paid at the rate of time and one-quarter for all hours so worked.

(4) Leave Entitlements - Existing annual and sick leave entitlements shall be converted to hours on the basis of 60.8 hours per annum in the case of sick leave and 152 hours and 180 hours (in the case of continuous shift workers) in the case of annual leave.

(5) Payment for day in case of paid leave - Where an employee is on paid leave, approved by the employer, payment for the day or days of such leave shall be for the number of ordinary hours the employee was rostered to work had such employee attended work.

(6) Public Holidays - Where a public holiday falls on a day upon which an employee was rostered to work and that employee is not required to work on such public holiday, the employee shall be paid for the number of ordinary hours the employee was rostered to work had such employee attended work.

Where an employee performs work on a public holiday, overtime rates shall be paid for the work performed.

Where a public holiday falls on an employees rostered day off (other than a Saturday or Sunday) such employee shall be paid 7.6 hours for the public holiday.

(7) Overtime - All time worked outside of, or in excess of the employees roster, shall be deemed to be overtime and paid accordingly.

Any employee who is required to continue working for more than 2 hours after the ordinary ceasing time shall be allowed thirty minutes for a rest after the first 2 hours worked and, also, thirty minutes after each further 4 hours worked. No deduction of pay shall be made for such rest breaks:

Provided that the meal allowance prescribed by clause 6.6 (Overtime) shall only have application after 2 hours' overtime past ordinary ceasing time.

(8) Introduction of 38 Hour Week - The introduction of a 38 hour week shall be on the basis of an agreement between the parties recorded in writing and subject to on-going review including a 6 month trial.

1.3 PGH Clay Bricks and Pavers Enterprise Agreement

(a) The following clause 1.3(1) shall apply in lieu of clauses 6.1, 6.2, 6.3 and 6.4:

Hours

(1) Day Workers - The ordinary working hours for day workers shall be an average of 38 per week between 6.00 a.m. - 5.00 p.m. on Monday - Friday to be worked on one of the following ways:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or

(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or

(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or

(iv) 152 hours within a work cycle not exceeding 28 consecutive days.

The ordinary hours of work shall be by "mutual agreement".

(2) Shift Workers - The ordinary working hours of shift workers shall be an average of 38 hours per week, to be worked on one of the following ways:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or

(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or

(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or

(iv) 152 hours within a work cycle not exceeding 28 consecutive days.

The ordinary hours of work shall be by "mutual agreement".

(3) The following clause 1.3(3) shall apply in lieu of clause 7.3 (Absenteeism Control Measures):

Absenteeism Control Measures - Absenteeism control measures appropriate to the needs of the enterprise shall be developed through a consultative process and implemented by "mutual agreement".

(4) Definitions - "Mutual Agreement" means agreement between the employer and the Branch Secretary of The Australian Workers' Union of Employees, Queensland recorded in writing.

(5) Leave Entitlements - Existing annual and sick leave entitlements shall be converted to hours on the basis of 60.8 hours per annum in the case of sick leave and 152 hours and 190 hours (in the case of continuous shift workers) in the case of annual leave.

(6) Overtime - All time worked outside of, or in excess of the employees roster, shall be deemed to be overtime and paid accordingly.

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