Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1993] QIRC 411 (1993) 144 QGIG 551

r 550 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [12 November, 1993 12 November, 1993] QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE 551 #################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 10.13 - appl icat ion for variation f ederate d En gine Dr i ve rs' and Firemens' Association of A us tra l as ia Queenslan d Branch, Union of Emp l oyees AND Queensland Confederation of Industry Limited, Uni on of Employers and Others (No. R 172-5 of 1989) GLADSTONE PORT AUTHORITY - EM PLOYEES IND U STR I AL AGREEMENT COMMISSIONERS BOUGOURE, BECHL Y, N UTTER 20 Ju ly 1993 VARIAT ION THIS matter coming on for hearing before the Commi ssion at Bri sban e on 10 and 20 May an d 20 July 1993, th is Commission doth order th at the sa id Industria l Agreemenl be varied as follows as from the fi rst day of August, 1993 :- 14517 1--48 By adding a new Schedule D to the Agreement as follows:- "Sc hedule D Operations Stream Class ification St ructure I.eve! 6 .. ... - - - - - ..... . . ............ . 5 . . . . ... . . . ........... .. ' . . ' ' .. '' 4 '' . ' •• • ' .. .... '' ''' . . . .. '' . . 3 ... ..... . . . . ... '' ' .. .. .. . 2 " .... .. . . "'.".'.' . ... ''. 1 ' ... " ..... "" " ". Rate Pc.-r Weck s 604.44 577.57 537 28 496.98 470.12 45669 The above rates are paid in lieu of t he relevant wages in clause 4 of th e Industrial Agreement an d the following allowances:- Coal Handling Allowances. Dust Al lowance. Clause 6 subclause (1) Cl aus e 6 su bcla use (2) Cl au se 6 subclau se (3) Employees engaged in Bulk Handling and other operations in charge of shift s. Cl ause 6 subclause (4) Shiploader Operators Roster Ca ncellation. Career Path Operations Stream Production Em ployees 1. Arrangement of Agreement Item Arrangement of Agr eem ent .. . Int en tion of the Ag reement .. . Parties . .. . ...... . .... . Tra ining Objective . . ..... .. . .. ... . .. . Training Commi ttee . . . . . . ..... . Ski ll s Audit/Ski l ls Registe r . . .. .. . .... . Selecti on for Training . . ..... . . .. . . ... . Access to Skills ... . ....... ... ..... . . . Tra nsition . . . . . . . . . ..... . . . Career Path . . . . . . . . . . . . . . Features of New Wo rk Model .. .... . .. . Career Path, Relat ivit i es and Wages Ca reer Pa th levels Production Stream 2. Intention of the Agreement The purpose of this restructuring agreement is - Clause No 1 2 3 4 5 6 7 8 9 10 11 (a) to reconstru ct the means by wh ich work at the po rt is organised and carri ed out; (b) to i ncrease operational efficiency, reali se productivity ga ins an d enhance flexibi lity in the utilisation of labour at the port; (cl to develop a more hi gh ly sk i lled and flexible wo rkforce by creating a sk ills rel at ed career path of more va ri ed , fulfilli ng and better p ai d j obs ; (d) to faci litate tr ai ning progra ms necessary to ensu re all employees are able to maximi se their participation in, and bene fi ts from, the skills related career path. 3. Parti es This Agreement shall apply to Gladstone Port Authority in res pect of its em ployees who are members of the Federated Engine Drivers' and Firemens' Associ ation of Austr alas ia Queensl an d Branch, Union of Employees, The Austral i an Workers' Uni on of Em ployees, Queensland and the T ra n sport Workers' Union of A ustralia, Union of Em ployees (Q ueensl an d Branch). 4. Training Objective The parti es to the Agree m en t recogni se that i!' order to create productivity gai ns for the port and its worktorce, a greater commitment to tra ining and sk ill development is required. ..... -- 1 of 3 -- 552 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [12 November, 1993 To that end, the parties commit themselves to:- (a) developing a more highly skilled and flexible workforce; (b) providing employees with career opportunities through appropriate training to acquire additional skills; (c) removing barriers to the utilisation of the skills acquired; (d) remove demarcation between jobs within the stream. 5. Training Committee (a) There shall be a standing port operations employees training committee composed of:- * 2 representatives of the FEDFA * 2 representatives of the AWUEQ * 1 representative of the TWU * 1 Personnel Officer * 1 training co-ordinator * General Manager of GPA or his nominee (b) The functions of the committee will include:- 6. (i) assisting in identifying and developing the program of training, its courses, their mix and duration, and venues, values and objectives; (ii) disseminating information on the training program to ensure maximum access by all employees; (iii) creating a fair and equitable training selection process for the training of each employee; (iv) ensuring each employee attains the necessary preparation for, participation in and benefit from the training program; (v) monitoring the on-going effectiveness of the training program and advising both management and employees of recommended changes; (vi) maintaining the currency of employees skills on an on-going basis so that those skills are available when required; (vii) preparing and conducting the necessary skills audit of employees; (viii) ensuring the skills register is accurately maintained; (ix) ensuring that skills possessed and acquired are properly recognised and accredited; (x) ensuring that, as far as is practicable, the skills possessed and acquired by the training program are portable; (xi) addressing disputes regarding the recognition and accreditation of skills possessed and/or acquired, disputes regarding the selection and/or order of training of individual employees, and such other disputes as relate to the training and allocation of employees in the career path; (xii) ensuring that the competency for each skill is set at the highest possible standard; (xiii) ensuring the competency tests meet the set standards and those standards are not circumvented by any party. Skills Audit/Skills Register (a) The training committee shall cause to be prepared and conducted an audit of skills possessed by all employees and shall use such audit to position such employees at relevant levels. (b) The results of such skills audit shall be made available to each individual employee on request to allow for verification or challenge. (c) The training committee shall ensure that the results of the skills audit are recorded in a Gladstone Port Authority Skills Register for each employee. The Skills Register shall also record any objections which an employee may make regarding the recognition or accreditation of a particular skill. (d) Such skills as may be registered shall be those possessed or required for the Gladstone Port Authority career path. (e) The skills registered shall be an integral part of the selection and training of individual employees. 7. Selection for Training (a) In consultation with management employees may be nominated by the training committee according to a process which is fair and equitable or employees may nominate themselves for training. (b) Where an employee feels aggrieved by the manner or outcome of the selection process, he/she may bring that grievance to the training committee and/or their supervisor and/or their relevant union representative. (c) All employees involved in the Production Roster will be given the opportunity to train up to Level 3. (d) Where two or more employees are fully qualified to move to a higher level then progression will be by seniority based on the skills of acquisition within each level, 3 and above. Any grievances as to the manner and conduct of this progression may be addressed as per provision 5(b)(xi). 8. Access to Skills All employees will be required to perform duties they are skilled and competent to perform at their relevant level and below. 9. Transition (a) On the completion of the skills audit, the training committee in conjunction with management shall conduct a translation of those skills in order to transfer each current employee to a level within the new skills related career path. (b) No current employee will be disadvantaged as to rate of pay by such transfer. (c) Where a current employee is transferred to a level in the career path which is higher than that indicated by the skills requirements, then such employee must choose one of the following options:- (i) to gain additional skills by accepting further training; or (ii) not to gain additional skills and thereby shall retain the rate of pay applicable at the change over date but such rate of pay shall continue to apply without adjustment until the appropriately allocated skills level rate of pay matches or exceeds such retained rate of pay. (d) It is the intention of the parties to complete the transfer to the new career path over a twelve month period from date of implementation. (e) Nothing in this Agreement shall be implemented until all personnel i.e. staff and employees have been briefed by the J.W.P. as to the contents of this Agreement. 10. Career Path (a) New employees will be required to undertake and complete the level of induction. Those who possess skills above induction will then be assessed by skills audit and assigned the appropriate level in the career path. (b) All approved training shall take place at the employer's expense. 11. Features of New Work Model (a) This Agreement, when finalised shall be registered in the State Industrial Relations Commission of Queensland and to be effective for a two year period with regular monitoring by the production J.W.P. 12 November, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 553 (b) It is the intention of the parties to this Agreement to achieve service levels, productivity and quality standards consistent with Worlds best practice. (c) The parties acknowledge that employees shall be required to either operate in the six week cyclic roster system or to remain out of the system on day work. (d) Wages payable are detailed in this Schedule. Career Path, Relativities and Wages Day Work Employees for the Purpose of Annual Leave Only Wages payable to day workers not involved in the cyclic roster system shall be averaged on the basis that hours worked shall be agreed to by Gladstone Port Authority department heads, the relevant union and the employee involved. Level 6 5 4 3 2 Level 6 5 4 3 2 Relativities Base Rate $ 112.5 604.44 107.5 577.57 100 537.28 92.5 496.98 87.5 470.12 85 456.69 Skill requirements Competent at Level 5 plus competent in skills selected from menu. Competent at Level 4 plus skills selected from menu. Competent in skill requirements 3A(i), (v), (viii), (xii) plus two optional skills or 3C(ii), (iv), (v) or skills selected from menu. Competent in skill requirements 2B(i), (ii), (iii), (x), (xi) plus three optional skills from menu. Completed induction plus skills selected from menu. Induction. Employees Operating Within the Cyclic Roster System Relativities 112.5 107.5 100 92.5 87.5 85 Base Week!y rate $ 604.44 577.57 537.28 496.98 470.12 456.69 Weekly wage averaged for 6 week cyclic roster $ 1,061.04 1,015.55 947.19 878.89 833.39 Skill requirements Competent at Level 5 plus competent in skills selected from menu. Competent at Level 4 plus skills selected from menu. Competent in skill requirements 3A(i), (v), (viii), (xii) plus two optional skills or 3C(ii), (iv), (v) or skills selected from menu. Competent in skill requirements 2B(i), (ii), (iii), (x), (xi) plus three optional skills from menu. Completed induction plus skills selected from menu. Induction. GPA Employee Classification Classification: Port Authority Production Employee Induction Level 1 (All employees at this level will gain . a basic understanding of the following skills by undertaking induction training for up to four weeks). Qua/ ifications/Ski I ls (a) Is responsible for the quality of their own work. (b) Exercises good interpersonal and communication skills. (c) Is responsible for their own health and safety and is mindful of the Duty of Care provisions of the Workplace Health and Safety Act. (d) Performs work under general supervision, either individually or in a team environment. Skills Requirements A. Briefed on and understands:- (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) The Authority, its officers, structure and charter; Conditions of employment/benefits/industrial agreements and personnel details; The career path structure and training requirements; Quality assurance; Site familiarisation; General operations; Site up-keep; Cyclone policy; Other agreed areas of training as required. B. Trained in and basically competent in the duties of the following:- (i) Line handling; (ii) Safety procedures/precautions; (iii) Communication equipment; (iv) The use of personal safety equipment; (v) Coal unloading; (vi) Fire safety procedures/precautions. Classification: Port Authority Production Employee Level 2 Qualifications/Skills (a) Has satisfied the requirements of Port Authority Production Employee Induction. (b) Shall be trained in and become competent in a selection of the skill requirements set out below, being mindtul of the operational requirements of the Authority. (c) Performs any work the employee is competent to perform. (d) As well as being responsible for their own safety, have a duty of care for their fellow workers. Skills Requirements A. Trained and certificated in the operation of:- (i) Trucks; (ii) Tractors. B. Trained and approved in the duties of the following:- (i) Coal unloading; (ii) Line handling; (iii) Quarantine; (iv) Landscape maintenance; (v) Dingo operation; (vi) Chainman duties; (vii) Spotting duties; (viii) Tool store operation; (ix) Amenities maintenance; (x) General labouring duties; (xi) Site knowledge and procedures; (xii) Cyclone procedures. C. To be fully trained in the duties of Mechanical Trades Assistant. Classification: Port Authority Production Employee Level 3. Qualifications/Ski I ls (a) Has successfully completed training and proven competent In the following skills of Level 2 B(i), (ii), (iii), (x), (xi) and three optional modules as nominated by Management in co- operation with the Training Committee and the employee. (b) Shall be trained in and become competent in a selection of the skills requirements as set out below, being mindful of the operational requirements of the Authority. -- 2 of 3 -- 554 QUEENSLAND GOVERNMENT INDUS TRIAL GAZETTE [12 November, 1993 (c} Responsible for the general up-keep and/or maintenance of the m ac hinery/equipment they are involved with . (d) Performs any work th e employee is competen t to perform. Skills Requiremems A. Trained and certificated in t he operati on of the following:- (i) Roller; (ii) Skid stee r loader; (iii) Forklift; (i v) Scraper/water truck; (v) Front end loader; (vi) Road Sweeper; (vi i) Truck; (vi ii) Bulldozer - bas ic; (ix) Bac khoe; (x) Grader - basic; (xi) Crane - non slewi ng; (x ii) Excavator - bas i c. B. Trained and certi ficated to perform the duties of t he fol lo wing:- (i) (i i) (iii) (i v) Rigger; Degman; Scaffolder; Shot Firer. C. Trained and approved in the duties of t he following:- (i) Mobile Pl ant Serv ice Person; (ii) Fie ld Maintenance Service Person; (i ii) Conveyor and Fixed Plant Service Pe rson; (i v) Prod uction Maintenance Serv ice Per son - basic; (v) Control Pane l Operation; (v i) A ir Track Drill. Classification: Port Authori ty Production Employee Level 4 Qualification s/Skills (a) Has success fully completed tra ining and proven competent in t he followi ng sk ills of Leve l 3: A( i), (v), (viii ), (x ii) pl us t wo opti onal skills or one of B(i), (ii ), (iii) or C(ii), (iv}. (v) or combinations agreed to as nominated by Management in co- operati on with the Tra ining Commi ttee and th e employe e. (b) Has ga ined sufficie,11 sk ills and i s compe te nt in stockpile management or sha ll be tra ined in and become competent in a se lection of t he sk ill requirements from B or C below, being mi ndful of the operational requirements of the Authority. (c} Responsibl e for the gene ral up-keep and/or mainten an ce of the machinery/equipment they are involved with. (d) Performs any work the employee is comp ete nt to perform. Skills Requ iremems A. Trained and certificated in the opera tion of the following:- (i) Bu lldozer - advanced; (i i) Excava tor - advanced; (iii) Slewing crane. B. Train ed an d certificated to perform two of the duties of the foll ow ing:- (i) Rigger; (i i) Dogm an; (iii) Scaffolder. C. Tra ined an d certificated or approved to perform one of th e duties of t he following:- (i) Prod uction Maintenance Serv ice Person advanced; (ii) Landscape Gardener - advanced. Classification: Port Authority Production Emp loyee Level 5. Qualifications/Skills (a) Has successfully completed tra ining and proven competen t in product inloading and reclai ming functions or C(i) or (ii} of Level 4 or combinations agreed to as nominated by Management in co-operation with the Training Committee and the employee. (b) Sh all be trained in and become competent in a se lection of t he skill requirements as set out below, being mindful of the operational requirements of the Aut ho ri ty. (c) Responsible for the general up-keep and/or maintenance of the machinery/equipment they are involved with. (d) Pe rforms any work the employee is competent to perform. Skills Requirements A. Has been trained and certificated in the operation of the fol l ow ing:- (i) Sh ip Loader; {ii) Grader Final Trim in Charge. B. Trai ned and approved to perform the duties of the followin g: - {i) Spec ific Tra iner. Classifica tio n: Port Authority Production Emp loyee Le ve l 6. Qualifications/Skills (a) Has satisfied t he requirements of Port Authority Production Employee Level 5. (b) Has successfully completed training and proven competent in a selection of skill requirements set out below as nominated by Management in co-operation with the T ra ining Committee and the employee. (c) Performs any work the employee is competent to perform. Skills Requirements A. Has been trained and certificated in the duties of the following:- (i) Workplace Health and Sa fe ty Officer - Stage 1; (ii) Fi rst Aid Certificate - advanced (optional ). B. Has been trained and approved in the duties of the foll ow i ng: - (i) Spec i fic Tra iner - adva nced; (ii) Assistant Shipping Movement Supervi sor; (iii) Team Leader.". Dated th is twent ie th day of Ju ly, 1993. By the Commi ssion, [L.S. J M .J CALLEN, Industr ia l Registrar. Ope rat i ve Da te: 1 August 1993 Variation - Classification Structure - Operations Stream Re leased: 1 August 1993 12 November, 1993 ] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 555 -- 3 of 3 --