Copper Refineries Pty Ltd v The Australian Workers' Union of Employees, Queensland [1993] QIRC 9 (1993) 142 QGIG 231

230 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [26 February, 1993 26 February, 1993] QUEENSLAND GOVERN ME NT INDUSTRIAL GAZETTE 231 ####1##/#1t41############################################### QUEENSLAND INDUSTRIAL RELATIONS COMM ISSION Industrial Relations Act /990--1991 s. 10.13 - applicarion for variation Cop p er Refineries Pty. Ltd. AND The Australian Workers' Union of Em ployees. Queensland (No. R2i-3 of /99 2) COPPER REFIN ERI ES PT Y. LTD . - TO WNSV IL LE INDUSTRIAL AG REEME NT COMMISS IONER BOUGOURE 15 January 1993 VARIATION THIS matter coming on for hearing before the Comm ission at Brisbane on 25 November and 14 December 1992 and 15 January I993, this Commission doth order that the said Industrial greement be varied as follows as from the twenty-fifth day of January, 1993:- By adding the fo ll owing Appendix to the Industri al Agree- ment :- "Appendix One (1) to the Copper Refineries Pty. Ltd. - TownsVille - In du strial Agreement Tri alling of th e Skills Ba.-ed Cl assiflca1ian Structure an d Associated Pay Rates In accordance with clause SA(2) (Award Modernisation) of the Copper Refineries Pty. Ltd. - Townsville - Industrial Agreement. the following classification st rucl\J re has been developed to trial at Cop per Refineries Pty. Ltd. Once the new structure has been trialled and found to be satisfactory, this Appendix, subject to any agreed amendmen1s, will be incorporated in to the Copper Refineries Pty. Ltd. - T ownsville - Industrial Agreement proper or such other Industrial Agreement or Award which supersedes this Industrial Agreement. Cl assification Str11c111re - There are two generic cla.~sificati ons wit h in this structure, Refinery Tradesperson and Refinery Operator. A Refinery Tradesperson is an employee engaged as such and who holds a Trade Certificate or Tradesperson Rights Certificate in a relevant trade. A Refinery Operator is any other emp loyee (exclud ing apprenlices). Each classification has designated work streams. Within the Refinery Tradesperson classification there is a mechanical stream which includes fabrication and building. and an electrical stream which includes electronics and instrnmentation. Within the Refi ne ry Operator classification there are three streams, i.e. refinery process, manufacturing and services. The s treams denote the principal line of skills held and used by an employee. but do not confer job ownership or in any way demark the type of work be ing performed to any particular category of employee. Each employee shall be class ified according to :- (a) the type of skills and knowledge held and utilised; and (b) their level of competence. I. Skill Level Definit ions Refinery Opera1or I (81 .5%) - This is the lowest level of relevant skill of an emplo y ee entering the workforce . It contemplates the levels of work skill of a person who ha.s just lefl the school or has been engaged in work not related to the company's operation. Employees in th is level work to the full extent of thei r ability on misce llaneous work in non-production areas . Wi1hou1 lim iting the scope of work of a Refinery Operator I. duties wh ich Me ind icat ive of this level include:- A. General tasks such as lifting, moving, digging, showll ing a nd sweeping. B. Load and carry materials and equipment about the plant. C. Keep offices. laboratories. lunch rooms. wa.sh areas. toilets, furniture and fixtures clean and sanitary. D. Dispose of rubbish and perform general clean up work. E. Keep working areas and equipment clean, safe and orderly. F. Maintaining safety and other supplies. Employees at this skill level work under direc1 su perv is ion, and will be undertaking training in preparation for advancement to Sk i ll Level 2. Refinery Operator 2 (85.5%) - Th is level contemp lates the skills of an employee who has had previous work experience related to the company's operations or is deem ed competent. Employees in lhis level work 10 the full extent of U1eir ability on miscellaneous work in product ion or non-production areas. Wi thout limiting the scope of work of a Refinery Operat or 2, dut ies which are indicative of th is leve l include those similar to Refinery Operator I. -- 1 of 3 -- 234 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [26 February, 1993 Refinery Process - (i) To be detennined. (ii) To be detennined. (iii) Designs and documents training modules. (iv) Assists in quality systems design. Manufacturing - (i) To be detennined. (ii) To be detennined. (iii) Designs and documents training modules. (iv) Assists in quality systems design. Services - (i) To be detennined. (ii) To be detennined. (iii) Designs and documents training modules. (iv) Assists in quality systems design. Employees at this skill level work are capable of supervising others on a short to medium tenn basis, and may be undertaking training for advancement to Skill Level 8. Refinery Tradesperson 7 (105%) - A Refinery Tradesperson 7 1s a tradesperson who is employed as such and who as a result of additional training exercises a wide range of trade skills, additional to those of a Refinery Tradesperson 6. Before entering this level a tradesperson will successfully complete:- (i) (a) 3 agreed post-Trade modules of structured training m addition to the training requirements of RT.6; or (b) 3 appropriate modules towards an agreed Advanced Certificate; or (c) 3 appropriate modules towards an agreed Associate Diploma; and (ii) the necessary on-the-job training to enable the skills and knowledge obtained above to be applied competently to C.R.L. plant and equipment. Employees at this level work to the full extent of their training and ability. Without limiting the scope of work of a Refinery Tradesperson 7, duties which are indicative of the level of skill include:- (i) Exercises the skills attained through satisfactory completion of the training prescribed for this classification. (ii) Exercises discretion within the scope of this grade. (iii) Works under general supervision either individually or m a tean1 environment. (iv) Understands and implements quality control techniques. (v) Provides trade guidance and assistance as part of a work team. (vi) Exercises trade skills relevant to the specific requirements of CRL at a higher level than Refinery Tradesperson 6. Refinery Operator 8 (110%) - To be established when required. . Refinery Tradesperson 8 (I 10%) - A Refinery Tradesperson 8 1s a tradesperson who 1s employed as such and who as a result of additional training, exercises a full range of skills on tasks incidental to trade work relevant to the stream. Before entering this level a tradesperson will have successfully completed:- (i) (a) 6 agreed post-Trade modules of structured training m addition to the training requirements of RT.6; or (b) 6 appropriate modules towards an agreed Advanced Certificate; or (c) 6 appropriate modules towards an agreed Associate Diploma; and (ii) the necessary on-the-job training to enable the skills and knowledge obtained above to be applied competently to C.R.L. plant and equipment. Employees at this level work to the full ex1ent of their training and ability. Without limiting the scope, duties which are indicative of the level of skill include:- (i) Exercises high precision trade skills using various material and/or specialised techniques of their chosen stream. (ii) Exercises a wide range of skills on tasks incidental to work relevant to the stream. (iii) Works under limited supervision (iv) Assists in the provision of training. (v) Works on equipment which utilises complex mechanical, electrical and/or flued power control systems. (vi) Understands and implements quality control techniques. (vii) Perfonns operations on a CAD/CAM terminal in the perfonnance of routine modifications to NC/CNC programs. . Refinery Tradesperson 9 (115%) - A Refinery Tradesperson 9 IS a tradesperson who 1s employed as such and who as a result of additional training has acquired knowledge and skills relating to aspects of the employee's work/activities in addition to that prescribed for RT.8. Before entering this level a tradesperson will have successfully completed:- (i) (a) 9 agreed post-Trade modules of structured training (3 of which are equivalent in standard to Advanced Certificate or Associate Diploma modules) in addition to the requirements of RT.6; or (b) 9 appropriate modules towards an Advanced Certificate; or (c) 9 appropriate modules towards an Associate Diploma; and (ii) the necessary on-the-job training to enable the skills and knowledge obtained above to be applied competently to C.R.L. plant and equipment. Employees at this level work to the full extent of their training and ability and without limiting the scope, duties which are indicative of the level of skill include:- (i) Works on machines or equipment which utilise complex mechanical, hydraulic and/or pneumatic circuitry and controls, or a combination thereof. (ii) Works on machinery or equipment which utilises complex electrical/electronic circuitry and controls. (iii) Works on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles. (iv) (v) (vi) (vii) Works under limited supervision. Provides training. Understands techniques. and implements quality Provides technical guidance and advice. control 26 February, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 235 (viii) Applies advanced computer numerical control techniques in machining or cutting or welding or fabrication. (ix) Exercises intennediate CAD/CAM skills m the perfonnance of routine modifications to programs. Refinery Tradesperson JO (120%) - A Refinery Tradesperson 10 is a tradesperson who is employed as such and who as a result of additional training has acquired knowledge and skills relating to aspects of the employee's work/activities in addition to that prescribed for RT 9. Before entering this level a tradesperson will have successfully completed:- (i) (a) 9 agreed modules towards an Advanced Certificate; or (b) 9 agreed modules towards an Associated Diploma; and (ii) the necessary on-the-job training to enable the skills and knowledge obtained above to be applied competently to C.R.L. plant and equipment. Employees at this level work to the full ex1ent of their training and ability and without limiting the scope, duties which are indicative of the level of skill include:- (i) Works on machines or equipment which utilise complex mechanical, hydraulic and/or pneumatic circuitry and controls, or a combination thereof. (ii) Works on machinery or equipment which utilises complex electrical/electronic circuitry and controls. (iii) Works on instruments which make up a complex control system which utilises some combination of electrical: electronic, mechanical or fluid power principles. (iv) Works under limited supervision. (v) (vi) Provides training. Understands and techniques. implements quality control (vii) Provides technical guidance and advice. (viii) Perfom1s maintenance planning. Refinery Tradesperson 11 (125%) - A Refinery Tradesperson 11 is a tradesperson who is employed as such and who as a result of additional training has acquired knowledge and skills relating to aspects of the employee's work/activities in addition to that prescribed for RT. 10. Before entering this level a tradesperson will have successfully completed:- (i) (a) 12 agreed modules towards an Advanced Certificate; or (b) 12 agreed modules towards an Associate Diploma; and (ii) the necessary on-the-job training to enable the skills and knowledge obtained above to be applied competently to C.R.L. plant and equipment. Employees at this level work to the full ex1ent of their training and ability and without limiting the scope, duties which are indicative of the level of skill include:- (i) (ii) Works on machines or equipment which utilise complex mechanical, hydraulic and/or pneumatic circuitry and controls, or a combination thereof. Works on machinery or equipment which utilises complex electrical/electronic circuitry and controls. (iii) Works on instruments which make up a complex control system which utilises some combination of electrical, electronic. mechanical or fluid power principles. (iv) Works under limited supervision. (v) Provides training. (vi) Understands techniques and impkments 4uality (vii) Provides technical guidance and advice. control (viii) Prepares reports of a technical nature on specific tasks or assignments. Refinery Tradesperson 12 (130%) - A Refinery Tradesperson 12 is a tradesperson who is employed as such and who as a result of additional training has acquired significant knowledge and skills relating to aspects of the employee's worlv'activities in addition to that prescribed for RT 11. Before entering this level a tradesperson will have successfullv completed:- (i) (a) An agreed Advanced Certificate; or (b) 15 modules of an Associate Diploma; and (ii) the necessary on-the-job training to enable the skills and knowledge obtained above to be applied competently to C.R.L. plant and equipment. Employees at this level work to the full ex1ent of their training and ability and without limiting the scope, duties which are indicative of the level of skill include - (i) Through a systems approach able to exercise high level diagnostic skills on complex fonns of machinery, equipment and instruments which utilises some combination of electrical, electronic, mechanical or fluid power principles. (ii) Set up. commission, maintain and operate sophisticated maintenance, production and test equipment and:or systems involving the application of computer operating skills. (iii) Working on various fonns of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry. (iv) Working on complex electronics or instruments or communications equipment or control systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital control systems using integrated circuitry. Refinery Tradesperson l 3 ( 1-15%) - A Refinery Tradesperson 13 is a tradesperson who is employed as such and who as a result of additional training has acquired significant knowledge and skills relating to aspects of the employee's work/activities in addition to that prescribed for RT 12. Before entering this level a tradesperson will have successfully completed:- (i) An Associate Diploma; and (ii) the necessary on-the-job training to enable the skills and knov. ledge obtained above to be applied competently to C.R.L. plant and e4uiprnent. Employees at this level work to the full extent of their training and ability and without limiting the scope. duties which are indicative of the level of skill include - (i) To be detennined. (ii) To be detem1ined. (iii) To be detennined (iv) To be detem1ined. -- 2 of 3 -- 2 36 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 2. Wage Rates The rates of pay cont ained in this clause are in lieu of any classification rate, experience payment, service increment. or second t ier payment. current ly paid in accordance with CRL Agreements. Level 13 12 II JO 9 8 7 6 5 4 3 2 I Skill Level Rates (including $ 1. 05 zone allowance) 530. 60 475.80 457.55 439. 90 42 1.0.S 402.75 38 4.50 366 . 2.S 353 .45 342.50 327.90 313.30 298.70 3. Transition During Trial Pe li od Suppfcmcntruy s 75.40 67.60 65. 00 62. 40 59.80 57.20 54. 60 52. 00 50.20 48.60 46.55 44 .45 42.40 Throughout the nominat ed tr ial period asso ci at ed with the new classification structure the parties will need 10:- fam iliarise themsdves with the new cla.<sification structure and the associated doc uments. transfer current employees from their exi sti ng dassilicati,,n to their appropriate new cla.~sification which will he based on ski ll/competence. en sure that the new classification structure is implemented and work is performed under its broader definitions. identify and resolve an y rroblems created by the transit ion through consultation or adherence to the grievance procedure. develop as expeditiously as possible a tra ining rrogram. definitions, competency standards. traini ng modu les. and assessment systems necessary to allow the pract ica l trial and implementation of the new classificat ion structure. 4. Additional ln fo mu,tion (a) Skill U nits - 111c skill units referred to in the ddin itions for progression purposes w ill be of .:qua! valu.:, and simi lar in type and co mp lexity to the Engineering Production Certificate modu les. (h) Jnd,car,ve Duties - Ext ra indicative dut ies will he included in the definit ions as the tria l progresses and training m,)du les are written. (c) It is intended that the planning. organising. com munication. and t eam leadership skills currently re cogn ised through the Leading I land Al lowance will be developed into skill units. and made available for progression purposes, to all em ployees.". Dated th is fifteenth day of January. 1993. By the Commission, (L.S.] M.J. CAL LEN, Industrial Registrar. Operative Date: 25 January 1993 Variation - Trial Class ification Slm cture Released: 17 Febmary 1993 [26 February, 19 93 26 February, 1993] QUEENSLAND GOVERNMENT IND USTRIAL GAZETTE 237 -- 3 of 3 --