Copper Refineries Pty Ltd v The Australian Workers' Union of Employees, Queensland [1993] QIRC 385 (1993) 144 QGIG 450

450 QU EE NS L A ND GO VERNME T INDUSTR IAL GAZETTE [22 October. 1993 #######l########i/###########1###1### # ## # ##### ### # ### QUfE NSLAND IN DU STRI Ai Rl: LATIO NS COMMISSION lndusu,al Relal/0llS Act I 990 s. 13 2 - appli ca ti on for variation Copper Re fineries Pty. Ltd . AND The AuWal ian Workers' Union of Employees , Queen slan d (No. R2 7•5 of 1997) COPP ER REFI ERIE S PTY . LT D. - TOWN SVIU E I NDU STRI AL AG REEM ENT COMMISSIONER BLOOMFIELD 6 Sep tem b er 1993 VARIATIO TH IS matter coming on ior hearing betore the Commi ss ion at Tow nsv1 lle on 6 September 1993, th is Commission doth order that thP said Industrial Agreement be "aried as follows as from the sixth day oi September, 1993:- 1 By deleting cl ause 5 (Wage Rates) and inserting the following in lieu thereof - "Cla ss if ications and Wage Rate s 5.(1) C/assii,carions - There is one gene ric classificallon w1th 1n this structure, Refi nery Operator, which has three des i ~na tcd work stream s, i.e. re fine ry process, manufacturi ng, and serv ic es . The streams denote the principal line of skills held and used by an employe e, b ut d e, not con fe r job ownersh ip or in any way demark th e type oi work being performed to dny particular category of employee. r ac h emp lo yee shall be cla ss i fi ed according to - (al the type oi skills and knowledge held and utilised; and (b ) thei r leve l of co mpetence. The completion OI designated 'sk ill units ,-.i ll enable an employee to p rogress within the structure and its levels in accorda nce with Ihe agreed app licable skill unit menus . A sk ill unit is nominall) iorty (40 hours of structured training. Refinerv Operator 1 (81 .5%) - Thi ~ is the lowest level of relevant skill 0 1 an employee entering the --.orkforce. It contempl at es the l eve ls oi work ~kill of a person who has Iust left sc hool or has bee n en gaged in wo rk not re l ated to the company 's operation Employees In this level work to t~e full extent of their_ a~ility on miscellaneous work in non-production areas. Without l 1m1ting the scope of work of a Refinery Op erator 1, duties whi ch are indicative of this level include:- (il General tasks such as lifting, moving, digging, ~hovel ling and sweeping. (i 1) Lo ad and carry m aterials and equipment about the plan t. (iii) Keep offic es, laboratorie s, lunch rooms, wash areas, toilets, furniture and fixtures clean and sanitary. (iv) Dispo se of rubb i~h and perform gene ral clean up w o1 k. (v) Keep working areas and equipment clean, safe .ind orderly. (vi) Maintaining safety and other suppl ies. Employ ees at this sk ill level work under direct supervi~ion, and may be undPrtaking training In prepa rc1tion for advancement to Skill Leve l 2. Re finery Operator 2 (85.S~l - Thi5 level contemplates the ski lls of an employee who h as had previous work experience related to the company's operations or is d eeme d co mpetent. Employees in this level work to the full extent of their ability on miscellaneous work in production or non-produetion areas . W ithout lim iting the scope of work of a Reiine ry Operator 2, duti es which arc indicative of this level include those simil ar to Refinery Operator 1. Em ployees at this skill level work under direct or routine supervision and may be undenak1ng training in preparati on for advancement to Skill Leve l 3. Refin ery Operator 3 (89.5 'l'o) - Th is represents the _first level oi broadly sk illed competence. It contemplates the skills of an employee w ho h as received sufficient training and work ex p er i Pnce to enable the employee to wo rk ei ther alone or as pa n of a team in p<>rfo rming functions in a non -t rc1ining mode. Before entering this level, an employee w ill succes~ful ly compl ete:- (a) the CRL Induction /1.\od ule; an d (bl four (4) app roved skill units all being mandatory. Employees at this level wo rk to the full extent of thei r ability. Withou t limiting the scope of work of a Refinery Operator 3, duties 1ndicallve of the skill inclu de :- Rc(,nery Process (1) Opera tes equipment to carry out specialised cleaning, recovery or repair operations. ( 11 ) In sp ec ts, pac k ages, drie s, l abel s, sto res etc. refinery products and m ate rials . used in or produced by the refining proce ss or associated activiti es . For exa mple:- Operaung ' Lato' water blaster Opera ti ng 'J et' bl aster Washing tramp copper Seivietng TE cells and baskets Servicing sli mes trays, bags, samples, labels etc. Pl at e re pa irs, edge strips in stal lation, 'bar tipping', plate packaging Fi llin g black acid containers lnspecung anodes and cathodes Cellar floor ma intenance Ins ta lli ng intermediate bars . (i 11l Perform ma intenance tasks to the level of their training. Manufacturing (1) General cleaning duties, i.e. domestic and industrial (i1) Operate take-off for product removal T 22 October, 1993 J QU EE NS LA ND GOVERN MENT IND UST RI AL GAZETTE 451 (iii) Product inspection weighing and recording (iv) Operate air-driven equipment and hand tools (v) Perform mainIenance task s to the level of their training. Ser vi ces (i)(al Receives, checks, stores, i ssues and despatches materi al s and equipment including bulk suppli es . lb) I ift si slings and moves ma terials e.g. with electric fork ift and pen dant crane. ' (c) Inputs data. (dl Op era tes ha nd too ls and uses oxy-acetyltme cutting to process salvage materials. (ii )(a) Us e or analytical ba l an c es an d volumetric glassware. (b) Analys is of copper control sa mples. (iii) Assist~ trades persons by preparing jobs, moving materials e. g: by pendant crane/truck etc. M aint ains, st'?res and issue s tools. Operat es equipment e.g. grinders, drill s, cut off saws , forging hammer. Prepares for concrete wo rk . Pours, finishes an d protects (where necessary) con crete. Seivices, greases and lubri ca tes machines including mobile equipment. Does brushwork. Requisitions stores . T hreads pipe and bol ts, pl ugs and pressure tes ts W/C sections. Does specialised cleaning and assi sts in testing machinery after repairs or modificat io ns . Emp l oyees at this skill level work under routine supervision an d may be undc1tdking training in preparation for advancem en t 10 Skill I evel 4. Ref inery Op erator 4 (93.5 %) - Thi s represents the second level of broadly skilled competence. It contempl at es the sk, lls req uired to operate and pedorm basic service and mainten an ce to the. extent of trdining re ce ived on the app licable plan t and e<tui~ment. It al so repre se nts a level of skills requiring a major ce rt1f1cat e of competency or other specific training. Before _~ntering th is level an employee w ill , (in add i 1ion to Leve l 3 training) successfully complete seven (7) approved skill units, of which 7ive (5) w i ll be m andatory. . Empl?yees at this leve l work to th e full extent or their ability. W 1t_hout l1m1 ting . th~ s~ope of work of a Refinery Operator 4, duti es whi ch are indicative of the level of skill include Refinery Pro cess (i) Loads and unlo~s anodes and cathodes to the refining and e_lectrowmning cells as required by the 1efining and associa ted proce sses. (ii) Conducts operations to achieve the co rrect alignment of electrodes, pas sage or re fini ng current through the ce lls fl ow of el ec trolyt~ etc. induding at the ca thode mot he ; plate plating shop. (iii) Ch ecks for and corrects short circuits betw een eleclrod cs. (iv) Operates effluent pla nts, cen trifuges, filters and boilers. (v) Operates mobile equipment required to maintain mo~ement of material s, products, supplies and equipment. (vi)1 Co nduc ts on-the-job training of other employees. (vii) A ssu re s the qual ity of own work in accordance w ith documented procedures. (v i ii ) Pe rforms ma in tenance task s to the level of their training. Manufacturing (1) First level of mobile pl ant operation. (ii) Operat e pouring equipment. 144203- 37 (iii ) Chan ge rolls, operate mill and auxil ia ries to roll rod and ass i st in the removal of cobbles. (iv) Operate secor coiler to coil rod inI0 packs and assist In the removal of cobbles. (v) Conducts on -t he-job training of other employees. (vi) Assures t he quality of own work in accordance with documented procPdures . (vii) Sets up and operates Cake and Billet Saw. (viii) Produces anode moulds to cus tomer specification. (ix) Pe rforms maintenance task s to the level of their trai ning. Services (i)(a) Preparation of copper samples into the form required for analysis. (b) Analysis of the physical properties of copper. (ii) Op erates ~nv(ronmental and industrial hygiene sam 1Jling and monitoring equipment. Calibrates, reads an d maint ai ns sampling equipment. Performs and assists w ith project work and pilot plant tes ts. (iii) Inputs to computer system information derived from meters, manufactures thermocouples an d does engraving. (iv) Conducts on-the-job train ing of other em ployees. (vl Assur es the quality of own work In accordance with documented procedures. (vi) Operates mobile equipment. (vii) Performs tasks requiring a certificate such as rigging, scaffolding (viii) Operates computerised maintenance management system. (ix) Performs a ran~e of specific skilled ~ngineering tasks , to t he level of their comp eten ce, associat ed wi th the prime func ti ons of their 10b. . E'!11;1loyees al 1his sk ill level work under limited supervision as 1nd1v1duals or a team, and may be undertaking tr aining in preparation for advancement to Sk ill Level 5. Re finery Operator 5 (96.5 %) - This level of operating com pe t ence contl'mplates lhe skill s of an employee who Is b ey~:>nd the_general plant _and equipment operation phase and has attarned s_k1lls in a special aspec t of operatio ns including ba sic control sk1_ll_s. It also repre sents a level of skills requiring a second ma1or certifica te of competency or other specific training. Before_4:ntering this level an employee will (in arfdiIion to Level 4 training) successfully co mplete seven (7) approved skill units, of w hich four (4) are mandatory, Emp loyees at th is level wo(k to the full extent of Iheir ab ili ty. W11_hout l_1miting . th~ s~ope of work of a Refinery Operat or 5, du ti es which are indi ca tive of the level of ski ll include :- Refinery Pro cess Oper_ates solvent extraction pldnt manufactures 0i- Cupnc arsenate, operates the nickel plant including dep os it-o ut cells. (ii) M ai ntaiM and co ntrols electrolyte flows and temperatures. Operates the electrolyte and slimes fi ltration equipment, leaching plant, tellurium cementation plant and rectifiers. Mi xes and adds reagen ts to the electrolyte, controls the distribution of electrolyte volumes between the various stora~es. Tak es. electrolyte sa mples, operates the copper monitor for liberator copper concentration. Familiar with emergency procedures, e.g. power failures/equipment failu res/circul ation shu tdown procedures etc. (iii) Carn es out maintenance activities to the level of their training. -- 1 of 2 -- 452 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [22 October, 1993 (iv) Operates Overhead travelling crane, stripping machines and anode reforming machines and mobile equipment. (v) Conducts on-the-job training of other employees and assists in the design of job-training modules. (vi) Assures the quality of work within the section in accordance with documented procedures, for own work and that of others. Manufacturing (i) Furnace and auxiliary equipment operation. (ii) Trouble shoots furnace and casting problems at the Cake and Billet. (iii) Operates Overhead travelling crane and mobile equipment. (iv) Carries out maintenance activities to the level of their training. (v) Conducts on-the-job training of other employees and assists in the design of job training modules. (vi) Assures the quality of work within the section in accordance with documented procedures, for own work and that of others. Services (i)(a) Analysis of refined copper and anode copper samples. (b) (c) (ii) Analysis of electrolyte type solutions and by-product samples. Preparation of powdered samples. Performs a broader range of skilled engineering tasks than R04 to the level of their competence, associated with the prime functions of their job. (iii) Conducts on-the-job training of other employees and assists in the design of job training modules. (iv) Assures the quality of work within the section in accordance with documented procedures, for own work and that of others. Employees at this skill level work under limited supervision as individuals or a team, and may be undertaking training in preparation for advancement to Skill Level 6. Refinery Operator 6 (100%) - This level of operating competence contemplates the skill of an employee, who, in addition to knowing what processes and equipment need to be operating and how to manage the control systems, has achieved a level of plant and process operation trouble shooting skills. It also represents a level of basic knowledge and understanding of production work scheduling and of general engineering development enabling the use of specific technical skills. Before entering this level an employee will (in addition to Level 5 training) successfully complete five (5) approved skill units, of which four (4) are mandatory. Employees at this level work to the full extent of their ability. Without limiting the scope of work of a Refinery Operator 6, duties which are indicative of the level of skill include:- (i) Uses operational knowledge and trouble-shooting skills to improve processes. (ii) Takes action to rectify/cope with abnormal conditions beyond the scope of ROS. (iii) Conducts on-the-job training of other employees and assists in the design of on-the-job training modules. (iv) Acts as process improvement facilitator and/or project leader. (v) Exercises high level of knowledge of all aspects of plant eg. environmental procedures, fuel/air/gas/water/power/acid distribution systems etc. and associated isolation points. (vi) Performs maintenance tasks to the level of their training. (vii) Maintain furnaces and launders. (viii) Exercises a detailed knowledge of emergency equipment. (ix) Performs a broader range of skilled engineering tasks than ROS, to the level of their competence, associated with the prime functions of their job. (x)(a) Analysis of process samples. (b) Use and maintenance of mass spectrometer in analysis of copper samples. (c) Determination of precious metals by Fire Assay samples. [Note: Leave is reserved for a period of three (3) months from 6 September 1993 for the employer and The Australian Workers' Union of Employees, Queensland to discuss indicative duties (iv), (v), and (x)(a), (b) and (c).] Employees at this skill level work under minimal SUJ)ervision as individuals or a team, and may be undertaktng traInIng In preparation for advancement to Skill Level 7. Refinery Operator 7 (105%) - This level of operating competence contemplates the skills of an employee who has achieved a high level of process and plant operation trouble shooting skills and broad control skills on all aspects of the operations in the department and Is capable of performing additional functions to achieve efficient overall operations such as maintenance scheduling and preparation of shift production and work schedules. Before entering this level an employee will have successfully completed three (3) approved skill units in addition to the training requirements of RO6. Employees at this level work to the full extent of their ability. Without limiting the scope of work of a Refinery Operator 7, duties which are indicative of the level of skill include: (i) Assists in Quality System Design. (ii) Exercises good interpersonal and communication skills. (iii) Exercises a full knowledge of production requirements important to the efficient operation of the department. (iv) Designs and documents training modules. (v) Exercises maintenance skills to the level of their training. (vi)(a) Analysis of process samples. (b) Use and maintenance of mass spectrometer in analysis of copper samples. (c) Determination of precious metals by Fire Assay samples. [Note: Leave is reserved for a period of three (3) months from 6 September 1993 for the employer and The Australian Workers' Union of Employees, Queensland to discuss indicative duties (i) and (vi)(a), (b) and (c).] Employees at this skill level are capable of supervising others on a short to medium term basis, and may be undertaking training for advancement to Skill Level 8. Refinery Operator 8 (110%) - This level of operating competence contemplates the skills of an employee who has achieved an advanced level of process and plant trouble shooting skills and can apply advanced process control and monitoring techniques on all aspects of the operation in the department. It also represents a level of capability of performing additional functions to achieve efficient overall operation, such as leading process improvement activities and assisting with the preparation of weekly production and work schedules. Before entering this level an employee will have successfully completed three (3) approved skill units in addition to the training requirements of R07. 22 October, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 453 . Employees at this level work to the full extent of their ability. Without l_1m1t1ng. the scope of work of a Refinery Operator 8, duties which are 111d1cat1ve of the level of skill include:- (i) Understands the technical features important in the Refining and Manufacturing Processes. (ii) Utilises a high standard of interpersonal and communication skills. (iii) Works without regular supervision. (iv) Exercises planning and organising skills in complex situations. (v) Performs Trainer Training and assists with the design of traIn1ng programs. (vi) Leads Quality System design. (vii)(a) Analysis of process samples. (b) Use and maintenance of mass spectrometer in analysis of copper samples. (c) Determination of precious metals by Fire Assay samples. [Note: Leave is reserved for a period of three (3) months from 6 September 1993 for the employer and The Australian Workers' Union of Employees, Queensland to discuss indicative duties (vi) and (vii)(a), (b) and (c).] (2) Wage Rates - The minimum weekly rates of wages payable to the following classes of employees shall be:- Skill Level Rates (including $1.05 divisional allowance) Level Base Supplementary $ $ 8 402.75 57.20 7 384.50 54.60 6 366.25 52.00 5 353.45 50.20 4 342.50 48.60 3 327.90 46.55 2 313.30 44.45 1 298.70 42.40". 2. By deleting clause SA (Structural Efficiency) and inserting the following in lieu thereof:- "Structural Efficiency SA.(1) Consultation - (a) The parties to this Agreement are committed to co-operating positively to increase the efficiency, product1v1ty and international competitiveness of CRL and to enhance the advancement opportun1t1es and job security of employees. (b) To facilitate the consultative process, the Joint Consultative Committee, (or such other structure as may be ag_reed) 1s the forum where restructuring issues are discussed, and principles relating to work practice changes and other workplace reform matters are agreed. . (c) _Commun_ication and _consultation at the workplace level will be via the exIst111g organisational structures. Accordingly, the format, process, and structure of the consultative mechanisms will be appropriate to the. needs of the various Departments and/or sections. Measures raised for consideration consistent with the objectives of provision (a) above, and principles agreed at the JCC, shall be processed through these mechanisms. (d) Changes to work practices, procedures, and methods, resulting. from the application of agreed principles will be communicated thr_ough normal organisational channels, (i.e. the mechanisms described in (c) above) and shall be implemented as directed. (2) _Award Modemisation - (a) Award restructuring shall be given its wider meaning, and should not be confined only to the restructuring of classifications but shall also extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis. (b) The parties are committed to modernising the terms of this Agreement so that it provides for more flexible working 144203-38 arrangements, improves the quality of working life, enhances skills and Job sat1sfact1_on and assists positively in the restructuring process, and hav1_ng agreed to participate in a testing process accordingly commit themselves to the following principles:- (i) (ii) (iii) acceptance that the new classification structure based on skill level will be more suitable for the needs of CRL and shall incorporate the ability for an employee to perform a wider range of duties where appropriate; CRL will remain 'demarcation free' with work to be undertaken on the basis of skills possessed (based on competency) rather than on the basis of union membership (subject to statutory requirements). consistent with the operational needs of CRL the parties will create skills development paths for' employees which allow for advancement based on recognised accreditation and access to training. (c) The parties r_eaffirm that wage increases arising from any broadband1ng and adJustment of minimum rates are subject to absorption into existing overaward payments. (3) Contract of Employment - Arising out of the decision of the State Wage Case of October 1989:- (a) (b) (c) CRL may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, provided that such duties are not designed to promote de-skilling. CRL may direct an employee to carry out such duties and _use such tools and equipment as may be required provided that the employee has been properly trained In the use of such tools and equipment. Any direction issued by CRL pursuant to provisions (a) and (b) shall be consistent with CRL's responsibility to provide a safe and healthy working environment. (4) Training - The parties to this Agreement recognise that in order _to increase the efficiency, productivity and international competItIveness of CRL commitment to training and skills development is required. Accordingly, the parties commit themselves to:- (a) developing a more highly skilled workforce; (b) providing employees with career opportunities through appropriate training to acquire additional skills; and (c) removing barriers to the utilisation of skills acquired.". 3. By deleting subclauses (k), (I) and (o) of clause 11 (General Conditions) and renumbering subclauses (m), (n), (p), (q), (r), (s), (!), (u), (v), (w) and (x) as subclauses (k), (I), (m), (n), (o), (p), (q), (r), (s), (t) and (u), respectively. 4. By deleting subclause (c) of clause 15 (Refinery Allowance) and renumbering subclauses (d) and (e) as subclauses (c) and (d), respectively. 5. By deleting subclause (d) of clause 17 (Casual Employees) and inserting the following in lieu thereof:- "(d) The 'ordinary Award rates of pay' shall include:- Classification Rate Leading Hand Allowance (where appropriate).". 6. By deleting Appendix One (1) "Trialing of the Skills Based Class1f1cat1on Structure and Associated Pay Rates.". Dated this sixth day of September, 1993. By the Commission, [L.S] R.H. BLUMSOM, Assistant Industrial Registrar. Operative Date: 6 September 1993 Variation - Restructuring - New Classification Structure Released: 13 October 1993 -- 2 of 2 --