1

[2010] FWAA 5199

DECISIONFair Work Act 2009 s.185—Approval of enterprise agreement

BP Australia Pty Ltd(AG2010/1652)

BP ALTONA BITUMEN PLANT ENTERPRISE AGREEMENT 2009-2012

Oil and gas industry

SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 15 JULY 2010

Application for approval of the BP Altona Bitumen Plant Enterprise Agreement 2009-2012.

[1] An application has been made for approval of an enterprise agreement known as the BP Altona Bitumen Plant Enterprise Agreement 2009-2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met

[3] As the Agreement does not contain a flexibility term that meets the requirements of s.202 and s.203, the model flexibility term is taken to be a term of the Agreement.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 22 July 2010. The nominal expiry date of the Agreement is 17 July 2012.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE879073 PR999287>

BP Altona Bitumen Plant Enterprise Agreement

2009-2012

1. TITLE

This agreement shall be known as the Altona Bitumen Plant - Enterprise Agreement 2009 - 2012.

2. INDEX

1. TITLE ......................................................................................................................................................................... 2 2. INDEX ....................................................................................................................................................................... 2 3. SCOPE, APPLICATION AND OPERATION OF AGREEMENT ........................................................................... 3 4. WORKPLACE CHANGE AND NEW TECHNOLOGY .......................................................................................... 3 5. FLEXIBLE ROSTERING ARRANGEMENTS ........................................................................................................ 4 6. VARIABLE SHIFT WORK ARRANGEMENTS ..................................................................................................... 5 7. DAY WORK ARRANGEMENTS ............................................................................................................................. 6 8. GRADING STRUCTURE ......................................................................................................................................... 6 9. TRAINING REQUIREMENTS ................................................................................................................................. 6 10. MANNING LEVELS ............................................................................................................................................. 7 11. REQUIREMENT TO WORK REASONABLE OVERTIME ............................................................................... 7 12. PUBLIC HOLIDAYS ............................................................................................................................................ 7 13. HEALTH SAFETY AND THE ENVIRONMENT ................................................................................................ 8 14. WAGE ADJUSTMENTS ....................................................................................................................................... 8 15. TEAM PERFORMANCE PAYMENTS ................................................................................................................ 8 16. DISPUTES AND GRlEV ANCE PROCEDURE ................................................................................................... 8 17. NO EXTRA WAGE CLAlMS CLAUSE ............................................................................................................... 9 18. HOURS CONVERSION - PERSONAUCARER'S LEAVE AND ANNUAL LEA VB ........................................ 9 19. GRANTING OF ANNUAL LEAVE .................................................................................................................... 10 20. REDUNDANCy .................................................................................................................................................. 11 21. CONSULTATION ............................................................................................................................................... 11 22. FLEXIBILITY ..................................................................................................................................................... 12 23. WORKCOVBRPAYMENTS ............................................................................................................................. 12 APPENDIX 1 - DISPUTES AND GRIEVANCE PROCEDURE ................................................................................... 13 APPENDIX 2 - PERFORMANCE PAY CRITERIA ...................................................................................................... 14 APPENDIX 3 ALTONA BITUMEN OPERATORS CLASSIFICATION STRUCTURE ............................................. 15 APPENDIX 4 - Standard Hours (Oil Companies) Award 2003 APPENDIX 5 - Oil Industry (Long Service Leave) Award 2000

Reference Documents

Oil Refining and Manufacturing Award 2010 Standard Hours (Oil Companies) Award 2003 Oil Industry (Long Service Leave) Award 2000 National Employment Standards

3. SCOPE, APPLICATION AND OPERATION OF AGREEMENT

3.1 The parties to the agreement will be as follows: • BP Australia Pty Ltd; and • The employees ofBP Australia Pty Ltd as defined in clause 3.2

The National Union of Workers is covered in this agreement

3.2 This agreement applies to BP Australia Ltd and its employees employed at the Altona Bitumen Facility in Victoria whose classifications are set out in this Agreement.

3.3 This agreement shall operate 7 days after approval by FWA and operate until 17th July 2012. Wage rates and their effective date are set out in Appendix 3.

3.4 This agreement is to read in conjunction with the reference documents; which underpin the overall terms of this agreement. Provided where the terms and/or conditions of the Agreement and the terms and/or conditions of the schedules are inconsistent, the Agreement terms and conditions shall prevail over the schedules.

4. WORKPLACE CHANGE AND NEW TECHNOLOGY

4. I The Employer continually seeks opportunities to improve plant efficiency and increase production volumes without compromise to quality or safety. In line with this continuous improvement philosophy, situations may arise from time to time where changes to working arrangements may be desired. Such changes would be made only after full consultation with employees. It is agreed that on the basis of proper procedures, training and safety audit being provided that employees will reasonably operate new plant, equipment and or work systems as required.

4.1.1 Changes which will occur during the course of this agreement include but are not limited to the following items and will be carried out by all operators:

• Hand-painting of handrails, walkways and pipelines; • Entering near-misses into the HSSE record system (Tr@ction); • All Operators to hold current First Aid certificates, including training in

automatic defibrillators; • Changes, as previously listed in earlier EBAs, will continue unless specifically

cancelled.

I ,

5. FLEXIBLE ROSTERING ARRANGEMENTS

5.1 The Altona Bitumen Plant operates to service customer needs and every endeavour will be made to satisfY their requirements, provided those requirements are not excessive.

5.2 The Altona Bitumen Plant operates between 12 and 24 hours per day and a 5-7 day week dependant on the seasonal and customer demands.

5.3 Changing business demands make it difficult to fix a roster schedule well in advance. Within these constraints it is acknowledged that the intention is for employees and management to work together to devise and refine a work roster to cover operational and customer requirements so that: (i) There is reasonable advance warning to the employee of the shifts to be worked, (ii) Overtime shifts are not worked unless necessary, (iii) Requests to change the roster at short notice are viewed sympathetically, whether the

request comes from management or from the employee.

5.3.1 The employee group will be encouraged to draft their own work roster, in consultation with management.

5.3.2 The roster will be agreed at least 12 weeks in advance and updated weekly; taking into consideration latest information on customer demands, plus management and employee requirements. Rosters are only changed with the agreement of both parties. If agreement cannot be reached then the disputes procedure shall be followed.

5.3.3 The roster will comprise of"nonnal" shifts and "overtime" shifts. A normal shift is considered part ofthe core hours of employment and is payable at normal time. An overtime shift is a shift above the normal core hours where the employee may be required to work.

5.3.4 To aid flexibility and also the fair allocation of overtime, overnight and weekend shifts will be equally rotated amongst appropriately qualified staff.

5.3.5 An employee may advise of their inability to work an overtime shift, provided management is advised at least 1 week prior to the time that the shift would commence. In this situation the employee cannot be penalised for not working this shift, except under the provisions of section 14 (requirement to work reasonable overtime).

5.3.6 It is agreed that, wherever possible, the need to work nights and weekends will be avoided

5.3.7 No changes will be made to the roster within 1 week ofthe work date (i.e. the first week indicated on the roster is "fixed"), except with employee and management agreement.

6. VARIABLE SHIFT WORK ARRANGEMENTS

6.1 It is acknowledged that the seasonal nature of the operation of the Altona Bitumen Production Plant over a twelve (12) month period will involve variable shift work for some or all employees.

6.2 The basic variable shift will be of 12 hours duration, although this may be modified in accordance with clause 7.3 to accommodate special operational requirements that may arise from time to time. The shift arrangement will be based on the following conditions:

6.2.1 A shift allowance of 13.33% will be payable to all employees working a rotating 12 hour shift. This is an average of 15% payable for night shift persomlel and 11.66% payable for shifts alternating with night shift. An allowance of 11.66% will be paid to personnel on a fixed day shift of 12 hours duration.

6.2.2 Night shift is normally worked between 6:00pm and 6:00am, although subject to the conditions prescribed in section 7.3, the start and finish time of night shift may be varied by up to six (6) hours. This is especially relevant at the start and end of the season when customer requirements, although heavy, are not sufficiently intense to require 24 hour coverage.

6.2.3 Ordinary rostered hours per week over the roster cycle will continue to be based on thirty five (35) hours per week and will be worked in accordance with the agreed roster arrangements. Ordinary rostered shifts can be any shift of between 8 and 12 hours duration between 6:00am Monday and 6:00pm Friday.

6.2.4 All time worked in excess of the Thirty Five (35) ordinary hours is classified as overtime and is payable at time and a half for the first 2 hours overtime and double time after that. Weekend shifts (that is, shifts between 6:00pm Fliday and 6:00am Monday) are classed as overtime. These shifts will be paid at double time. By agreement with management a bitumen operator rostered on to a shift over the weekend may work this shift at any time over the weekend, provided that this does not affect internal production requirements or external customer requirements. Where management agrees to the roster change, shift time worked on a Saturday or Sunday, will be on the basis of no additional cost as the bitumen operator voluntalily elected to vary the scheduled shift roster alTangement.

6.2.5 An after tax payment of $2.90 per hour of overtime will be paid, replacing the meal allowance. This is simpler for the company and the employee to calculate than the meal allowance.

6.2.6 The rates of pay provided under this agreement are inclusive of shift hand-over time.

6.2.7 The arrangement for payment for overtime when called back shall be as per tile Schedule or Industry Award.

7. DAY WORK ARRANGEMENTS

7.1 It is recognised there will be periods during a twelve (12) month period of production where customer demands do not warrant the operation of a twelve (12) hour or extended shift arrangement;

7.2 Subject to the prescribed notice being given to Bitumen Operators, management can revert from shift work to day work arrangements to meet reduced production requirements;

7.3 Day work will involve full time Bitumen Operators working an average of35 hours per week based on the required rostered arrangements to meet operational requirements and undertake general site maintenance;

7.4 With the practice adopted under previous enterprise agreements starting times for ordinary hours of duty may be varied to meet customer and operational requirements. Where a Bitumen Operator is required to commence work at an earlier starting time the finishing time for ordinary hours will be brought forward to accommodate the variation in starting time.

8. GRADING STRUCTURE

A grading structure has been established that provides Bitumen Operators with an opportunity for career progression and increased remuneration arrangements. This grading structure is described in Appendix 3 and may be varied from time to time at the discretion of management to meet the needs of the business operation.

9. TRAINING REQUIREMENTS

9.1 The parties re affirm their commitment to training to increase the level of skills of Bitumen Operators

9.2 The aim of the training development program is to provide Bitumen Operators with the opportunity to acquire the required training to competently perform a range of duties associated with bitumen production and general site maintenance

9.3 The training development program will enable bitumen operators to progress up the classification structure as the required training, skills and competencies are acquired. The competency and training standards for the classification structure are contained in Appendix 3 and may be varied from time to time at the discretion of management.

9.4 During the currency of the agreement the skills matrix for the classification structure will be reviewed and amended as appropriate. hl the event the Agreement requires amendment then such changes may be processed by way of a variation. Both parties must agree to any proposed variation. The agreement may only be varied in accordance with the requirements

of the Fair Work Act 2009. The company may require Operators to undertake training or retraining to meet the skill requirements for their classification.

9.5 Management will consult with each operator to develop an individual training program.

10. MANNING LEVELS

10.1 The parties recognise that due to the seasonal nature of bitumen and bituminous products usage and customer requirements the ongoing viability of the Altona site is highly dependent upon flexible work practices and manning arrangements.

10.2 There will always be a need for employees to work substantial overtime during the summer peak season. At times it may be necessary to further supplement this by the use of operators from other BP Bitumen sites or by using casual or contract labour.

10.3 Where it is necessary to supplement the core workforce, this will be done following consultation between management and employees that the core workforce is incapable of covering the work requirements without compromising health, safety or quality of the operation.

11. REQUIREMENT TO WORK REASONABLE OVERTIME

11.1 It is acknowledged that the seasonal nature of the operation requires the working of substantial overtime during peak periods. Whilst all overtime is of a voluntary nature, it is expected that all employees will work their fair share of overtime over the course of the year. Incentives are in place, in the fonn of the team perfonnance bonus, for employees to work shifts as required to ensure that customer and operational requirements are covered.

11.2 As a guide, reasonable overtime is considered to be up to one additional 12 hour shift per week averaged over a 12 month period or up to two additional 12 hour shifts averaged over a 3 month period.

12. PUBLIC HOLIDAYS

12.1 Where an employee works on a public holiday, that employee will be paid at double time on top of the nonnal time rate applying to that work day.

12.2 Where an employee does not work a pnblic holiday (i.e. is rostered off) they will be granted the next worked rostered day as an overtime day payable at double time (i.e. single time plus nonnal time for that day), or alternatively, with management agreement may take that day as a day off in lieu (and will be paid nOlmal time).

12.3 If an employee is on standby to work on a public holiday, but is not required to work on that day, then the conditions in 13.2 apply and no additional payment is made, provided sufficient notice is given in accordance with sections 7.3.4 and 7.3.5.

12.4 As far as possible the requirement to work public holidays will be rostered on an equitable basis amongst all employees. The company will endeavour to be as flexible as possible in accommodating the wishes of employees in relation to the working of public holidays and will consult to address particular issues.

13. HEALTH SAFETY AND THE ENVIRONMENT

13.1 Everyone who works for BP has a responsibility to get HSE right. Working safely is a condition of employment for everyone. BP is committed to no accidents, no harm to people and no damage to the enviromnent.

13.2 Compliance with the site safety rules is mandatory at all times. Employees found to deliberately contravene a site safety rule will be disciplined and may be dismissed.

14. WAGE ADJUSTMENTS

Acceptance of the tenus ofthis agreement will result in wage adjustments occurring in line with Appendix 3. The parties agree to consult during the currency of the agreement on the introduction of an annualised salary arrangement

15. TEAM PERFORMANCE PAYMENTS

15.1 A team performance payment based on a maximum of five (5) per cent of base rates of pay will be paid on a quarterly basis during the term ofthis agreement. Team performance payments will be pensionable.

15.2 Performance targets will be agreed locally and will be based on the performance criteria set out in Appendix 2 of this agreement

15.3 Consistent with the objectives of this Agreement to provide for continuous site improvement, performance targets can be reviewed periodically through the consultative cOl.1l.1uittee process. The measures will relate to matters which are achievable and within the control of the Bitumen Operators.

16. DISPUTES AND GRIEVANCE PROCEDURE

16.1. The parties are committed to observing the disputes and grievance procedure as specified in Appendix 1.

17. NO EXTRA WAGE CLAIMS CLAUSE

This agreement constitutes a closed agreement in that the agreement provides for no further wage or salary increases or changes in conditions during the period of operation specified in this Agreement, other than increases that are consistent with the terms of this Agreement.

18. HOURS CONVERSION - PERSONAL/CARER'S LEAVE AND ANNUAL LEAVE

18 Calculation of annual leave and sick leave will be converted ii'om a maximum number of days entitlement per annum to a maximum accumulation of hours per annum in accordance with this clause;

18.1 The calculation set out below apply to Bitumen Operators working either a 7 hour day over a ten (l0) day per fortnight or a five day non-continuous operation;

18.1.1 Annual Leave - will accrue at the rate of four (4) weeks or 140 hours per annum (4 weeks x 35 hours);

18.1.2 Accumulated (including pro rata) and future annual leave will be converted from a "bank of days" entitlement to a "bank of hours". This will maintain the equivalent amount ofleave but it will be maintained on an hours basis;

18.1.3 Where a Bitumen Operator works a 12 hours shift the ordinary hours for the purposes of calculating the accumulation of the 140 hours leave will be based on 12 hours;

18.1.4 Annual leave for full time employees will be calculated on the basis of an average of35 hours per week of ordinary time pay. Annual leave for part time employees will be based on the aggregate pro rata ordinary hours worked during the year;

18.1.5 Personal/Carer's Leave - From the COlmnencement of this Agreement, Personal / Carer's Leave will accrue on the equivalent standard basis of 10 days (of7 hours per day )per annum, that is after the end of a year of employment, 70 hours Personal/Carer's leave has accrued;

18.1.6 Personal/Carer's Leave accrued to the date of approval oftlus Agreement shall be carried over in hours and shall form part of the accruals from such date;

18.1.7 Personal/Carer's Leave payments shall be at the ordinary time rate;

18.1.8 Personal/Carer's Leave entitlements shall be credited to an employee on tlle basis of 1126 of the number of ordinary hours worked each month;

18.1.9 There is no limit on the amount of accrued paid sick leave an employee can take in any year of employment;

18.1.10 The employer can request an employee to provide evidence of sickness for any absence. Such evidence can include a Certificate from a registered Health Practitioner or a Statutory Declaration. Payment can be denied in the absence of evidence being supplied;

18.1.11 Where sick leave is taken during the period of time when a Bitumen operator is rostered to work shift work, Personal/Carer's leave will be paid at the shift rate of pay by the ordinary hours applicable to the shift hours worked (i.e., 12 shift hours per day)

18.2 An employee engaged on a continuous 7 days a week shift work roster will be entitled to 5 weeks annual leave per year.

19. GRANTING OF ANNUAL LEAVE

19.1 The taking of annual leave will be subject to mutual agreement.

Provided, the Company may, after consultation with the employee, require an employee to take any leave in excess of two years accrual by giving the required notice.

19.2 Extensive accumulated annual leave - An employee must take an amount of annual leave during a particular period if the employee has in excess of 8 weeks leave accrued.

19.3 Cashing out Annual Leave - At the written initiation of an employee, and the agreement of the employer, leave may be taken as a payment in lieu of the leave provided the employee maintains an accrued of leave balance of 4 weeks.

19.4 Annual Leave Loading

(a) During a period of annual leave an employee will receive a loading calculated on the ordinary rate of pay the employee would have received had he/she not been on annual leave.

(b) The loading will be as follows:

(i) Day Workers

An employee who would have worked on day work only had he/she not been on leave - a loading of 22.5%.

(ii) Shift Workers

A loading equal to the applicable shift penalty or 22.5% whichever is the greater.

(c) The loading prescribed in this clause will not apply to proportionate leave on tennination.

20. REDUNDANCY

a) If the Company no longer wishes your position to be perfonned by anyone (except in the ordinary and customary turnover oflabour) you may be eligible for a redundancy payment.

(b) Subject to (c) below, the redundancy payment is calculated at the rate of three weeks' salary for each year of pro-rated service, up to a maximum of fifty two weeks.

(c) If you have previously received a redundancy payment from the Company or any member of the BP Group, any redundancy payment made to you under this document will be at the discretion of the Company but will be no less than statutory minimum requirements (calculated in accordance with your most recent period of continuous service).

(d) No redundancy payment is payable if:

1. your employment is tenninated for reasons of misconduct, unsatisfactory perfonnance, or because you are unable to perfonn the inherent requirements of your position;

2. your position is made redundant and you are offered suitable alternative employment regardless of whether you reject or accept an offer of suitable alternative employment.

(e) An offer of employment will be considered to be "suitable alternative employment" if it is on tenns and conditions substantially similar to, and, considered on an overall basis, no less favourable than your tenns and conditions of employment immediately before the offer of employment is made. The offer of employment must also recognise your period of continuous service with the Company.

21. CONSULTATION

If the employer decides to introduce a major change in the workplace and that change is likely to lead to tenninations or have a significant effect on the employees of the employer, then the employer must notifY the relevant employees of the decision.

The employer must notifY employees to ensure adequate time to consult.

After notifYing the relevant employees, the employer must genuinely consult with the relevant employees over the likely effects of the change and the measures for averting or mitigating the adverse effects of such changes. Where the employee(s) advise the employer of a representative for the purposes of the consultation, the employer must recognise and consult with the representative.

22. FLEXIBILITY

The parties will apply the model flexibility clause prescribed in the Fair Work Act 2009 or Regulations.

23. WORK COVER PAYMENTS

In the event of an employee receiving work cover payments, BP will provide make-up pay to 100% of the employee's pre-injury base pay plus shift allowance for a period of 52 weeks.

APPENDIX 1 - DISPUTES AND GRIEVANCE PROCEDURE

(i) Any dispute or claim (whether any such dispute or claim arises out of the operation of this agreement or not) as to the wages and/or conditions of employment of any employee award and/.or as to any other industrial matter pertaining to the relations of the company and its employees or the National Employment Standards, shall be dealt with in the following manner:

(a) The parties to this agreement acknowledge that it is a fundamental requirement for the operation of the disputes procedure to be followed through each of the steps set out below. If settlement is not reached either as soon as practicable or within two working days, either party may insist that the matter is taken to the next step in the disputes procedure. All parties shall genuinely attempt to resolve a dispute at the workplace level;

(b) The matter shall first be discussed between the aggrieved employee and the supervisor/manager;

( c) If settlement is not reached the matter shall be discussed between the employee and the appropriate management representative at the Facility;

(d) In the event of the matter remaining unresolved, either party may refer the matter to the Fair Work Australia for conciliation or arbitration.

( e) Until the matter is determined, work shall continue normally where it is agreed between the parties that there is an existing custom, but where there is no agreement on custom, the employer's direction will be accepted. A party will not be prejudiced in the final settlement by the continuation of work in accordance with tlris clause.

(f) At stages (c) to (d) the employee may be represented by a person of their choosing (this may include a union representative);

APPENDIX 2 - PERFORMANCE PAY CRITERIA

Failure to observe the disputes and grievance procedure or taking unlawful industrial action will disqualifY a Bitumen Operator from receiving the team performance payment for the quarter in which the breach took place.

1. PROCESS

POINTS MEASURE

20 Complete FMS checklists as per plan 30 Each Operator completes at least one near miss (or

job observation) per Quarter

2. PEOPLE

POINTS MEASURE 20 IdentifY refresher training needs with Facility

Manager and, once approved, develop and complete agreed training plan by the due dates (provided training courses are available)

3. PLANT

POINTS MEASURE 15 No failure (caused by operator fault) that causes a

cost to the business of over $2000 15 Complete all bitumen storages, PMB production and

load outs as per Work Instructions

1

MAXIMUM 1100

POINTS .

For anyone of the above measures, a single failure during the quarter will give a score of zero.

Team Performance Bonus will be paid each quarter based on the total points that the team scores, as follows:

Bonus (%) = 5 x POINTS / 100

APPENDIX 3 ALTONA BITUMEN OPERATORS CLASSIFICATION STRUCTURE

The classification structure is designed to encourage the development of a highly skilled and flexible workforce which will suit the ongoing needs ofthe business. It also provides Bitumen Operators with opportunities for skills acquisition, personal development, advancement and increased remuneration. The classification structure also allows for a clear and transparent indication of the competence and skills of each employee, clearly linked to the employee's level and therefore remuneration. It allows the employee to see what skills and training is required for progression.

Operations and maintenance related work at the Altona Bitumen Production Plant is covered by the classifications set out below. The 6-level structure covers all employees bound by this Agreement.

Employees must be willing to train and utilise skills acquired and maintain the competency standards required by the particular grade. Training requirements may be varied from time to time dependent upon business needs and technological change.

At the beginning of each year employees will discuss training needs with management and a training plan will be drafted covering external training courses, internal training courses, self paced training modules and "on the job" training that employees are expected to complete.

Employees are expected to carry out any duties and take on any responsibilities required for which they have the necessary skills.

Progression throngh the classification structure

Progression through the levels to BPOS will be determined by the accumulation of job competencies. These competencies alone are accumulated based on the satisfactory completion of training and acquisition of core skills as defmed by the position. At each level there are some competencies that are considered mandatory, and the acquisition of these is necessary prior to progression. Under very special circumstances (for example the requirement to attend a training course that has not recently been offered) management may waive the requirement for a particular competence plior to progression. The competencies and training modules are detailed in the Bitumen Training Matrix.

Progression cannot occur until employee and manager agree that sufficient competencies have been acquired and the employee qualifies for the next level.

All employees will be expected to achieve level BPOS and will be given the opportunity and training to achieve this.

Altona Bitumen Plant- Enterprise Bargaining Agreement 2006-2009 15

Job Basic definition Effective Effective Effective Classification Title (competency standards for eacb level Date Date Date

Level are contained in the Altona Bitumen *18/07/2009 18107/2010 18/07/2011 Facility Procedures Manual) (+3.5%) (+3.5%) (+4%)

BPOI Operator Entry level for unskilled employees. level I Totally supervised. "New Starter" on

training matrix 757.04 783.54 814.88 BP02 Operator Uncomplicated tasks, production

level 2 capability but may not be able to diagnose problems, closely supervised. Can work alone to unload/load trucks and make PMBs. "Core Skills" on training matrix. 779.98 807.28 839.57

BP03 Operator More challenging tasks, competent with level 3 the production of PMBs, able to issue

work clearances and re-endorse work permits, consumable purchasing, occasional supervision. "Basic Operator Skills" on training matrix 834.29 863.49 898.03

BP04 Operator All routine tasks including production of level 4 PMBs, resolve basic plant problems,

requires negligible supervision. "Standard Operator Skills" on training matrix 889.95 921.09 957.94

BP05 Operator All routine tasks including competently level 5 produce PMBs, diagnose problems,

supervise basic maintenance, and requires no supervision. "Advanced Operator Skills" on training matrix 926.97 959.41 997.79

BP06 Operator Write and Authorise and set up Cold level 6 Work Permits, Hot work Permits, and

Gas-Free Certificates (including bump-test of gas detector) 968.64 1,002.55 1,042.65

Altona Bitumen Plant- Entelprise Bargaining Agreement 2006-2009 16

Signed for and on behalf of employees at Altona Bitumen Facility~4;2:::;;"'~~,-----__

Print Name ?12C£ t3w Gi?1r.:x::.E

Date: 23- 06- 10

Signed for and on behalf of employees at Altona Bitumen Facility~

Print N arne -"t2L!.~",u:....:I""()'----------JlSo"""-Y--,--"c...,,,1E.=-__

Date: 2-0 ' t ·-10

Sign,. fo, on' on b,b,K of employ". ,'Alton, R1tumM ,',dlity tlii:. Date: 2:3.(· (6

Signed for and on behalf of the NUW ____ L/_····-.:·~~=-=---=':#_....::::;;,:"''''-==>=~/L----PrintName_~~~~~_&_,~~~~. __ ~_v_.~~_~~<J_

Date:

Signed for and on behalf of the Company ___ ----'~==-_"__\~c.AJ'-'-"-_·_L_=:...· _____ _

Date: \ ,

Altona Bitumen Plant- Enterprise Bargaining Agreement 2006-2009 17

,

,

AP825355 - Standard Hours (Oil Companies) Award 2003

This Fair Work Australia consolidated award incorporates all amendments up to and including 24 June 2003 (PR933444).

About this Award: This award supersedes the Standard Hours (Oil Companies) Award 1974 [AW796032]

Printed by authority of the Commonwealth Govermnent Printer.

Disclaimer: Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss Of damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to I July 2009) can be accessed at no cost through Fair Work Australia's website hvww.t\va.gov.au) or purchased from any office afFair Work Australia.

AP825355 [Pre-Refonn FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996

(CNo. 00896 of 1999)

Workplace Relations Act 1996

s.99 notification of industrial dispute

The Australian Workers' Union

and

Caltex Australia Petroleum Pty Ltd and Others (C200211806)

National Union of Workers

and

Qenos Pty Ltd (C2002!2392)

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

and

Qenos Olefins Pty Ltd and Others (C2002/3142)

s.113 application for variation

Construction, Forestry, Mining and Energy Union (C200212288)

s.33 action on Commission's own motion (C2001/4976)

STANDARD HOURS (OIL COMPANIES) AWARD 1974 (ODN C No. C01989/73)

[Print Q4640 [AW796032]]

Oil and gas industry

SENIOR DEPUTY PRESIDENT KAUFMAN MELBOURNE, 24 JUNE 2003

Award simplification. ORDER

AP825355 Preamble (p. I of2)

A. Further to the decision issued by the Commission on 24 June 2003 [PR933443] the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

AP825355 Preamble (p. 20f2)

1. TITLE

This award shall be referred to as the Standard Hours (Oil Companies) Award 2003.

AP825355 Clause 1

2. INCIDENCE OF AWARD

2.1 This award shall be binding upon the employers' named in Schedule A and the organisations of employees named in and the areas specified in Schedule B and shall apply to all employees whether members of the said organisations of employees or not engaged on work in or in connection with the production, manufacture and wholesale distribution of petroleum products who are employed in production plants, offices, refineries, terminals, installations, airfields and depots in all States and Territories of Australia.

2.2 Supersession of previous awards

This award supersedes the following awards but no rights, obligations or liabilities incurred or accrued under any such awards will be affected by such supersession:

• Standard Hours (Oil Companies) Award 1974 [AW796032 Print Q4640]

• Standard Hours (Oil Companies) (Roping-in No.1) Award 2000 [AW796033 Print T1851]

• Standard Hours (Oil Companies) Roping-in No.1 Award 2002 [AW813831 PR914452]

• Standard Hours (Oil Companies) Roping-in No.2 Award 2002 [AW816690 PR919349]

AP825355 Clause 2

3. DEFINITIONS

3.1 Continuous shift work means work carried on with consecutive shifts of employees throughout the 24 hours each day without interruption except during breakdowns or due to unavoidable causes beyond the control of the employer. Non-Continuous Shift Work means shift work other than continuous shift work as defined.

3.2 Relevant award means any award agreement or determination of the Australian Industrial Relations Commission (the Commission) or any State industrial authority binding on the employers listed in Schedule A and applying to employees covered by clause 2 - Incidence of award.

AP825355 Clause 3

4. HOURS OF WORK - DAY WORK

4.1 The ordinary hours of work for such employees shall be 70 per 2-week period. Provided that in centers employing a total of 25 people or less the ordinary hours shall be worked on ten days each of seven hours and in other centers, the ordinary hours shall be worked on nine days each of seven hours 47 minutes in accordance with the 9-day fortnight roster.

4.2 Where an employee's relevant award prescribes for his or her ordinary hours to be worked on any of the seven days in a week nothing in this clause will act so as to alter the position however, the benefit of the principle of a rostered day-off in each 2-week work period will apply to such employees in centers of more than 25 people where bound by this award.

4.3 Where an employee is working in accordance with the provisions of the roster in Schedule C rostered days off may be varied by agreement between the employer and an employee, or, in the absence of agreement by 48 hours notice by the employer. Provided that any variation shall not result in any employee:

4.3.1 Being required to work more than 70 hours of ordinary time in an established 2-week period, and

4.3.2 Receiving less than two long weekends of three days, i.e. a Monday or a Friday in conjunction with a Saturday and Sunday over each ten week period, and

4.3.3 having his or her rostered day-off changed outside of an established 2-week period.

4.4 Provided further that nothing in this clause should affect the right of an employer to require an employee to work on his or her rostered day-off under the provisions of clause 9 - Work on rostered day-off (Monday - Friday) all employees other than 7-day shift workers.

AP825355 Clause 4

5. HOURS OF WORK - SmFT WORK

5.1 5-day non-continuous shift work

The provisions of clause 4 - Hours of work - day work shall apply to employees on 5-day non-continuous shift work.

5.2 5-day continuous shift work

5.2.1 Shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle.

5.2.2 In the arrangement of rosters for 5-day continuous shift workers the following provisions shall apply:

5.2.2(a) Shifts will be of eight hours duration.

5.2.2(b) Shift workers will be paid for time worked calculated in accordance with their shift rosters.

5.3 7-Day non-continuous shift work

5.3.1 Shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle provided that the ordinary hours of anyone shift shall not be more than eight except where a relevant award allows for shifts of more than eight hours of ordinary time to be worked. Provided further that by agreement between an employer and the union, different limitations of ordinary hours may be made to meet domestic shift rosters.

5.3.2 Shift workers will be paid for time worked calculated in accordance with their shift rosters.

5.4 7-Day continuous shift work

5.4.1 Shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span ofthe shift cycle.

5.4.2 Shifts will be of eight hours duration.

5.4.3 Refinery shift work rosters will not contain rostered overtime shifts to make up the shift cycle and shift workers will be paid for time worked calculated in accordance with their shift rosters.

AP825355 Clause 5

6. CASUALS

6.1 A casual employee is an employee engaged as such.

6.2 A casual employee shall be paid per hour at the rate of 1135 of the weekly rate prescribed for the class of work performed plus the appropriate loading contained in the Award that regulates his or her employment.

6.3 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly, fortnightly or monthly.

AP825355 Clause 6

7. PART TIME EMPLOYEES

A regular part-time employee is an employee who:

7.1 works less than full time hours of35 per week; and

7.2 has reasonably predictable hours of work; and

7.3 receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

AP825355 Clause 7

8. PAYMENT OF WAGES

8.1 Payment of wages shall be made in accordance with the provisions of the relevant award provided that where wages are paid on a weekly basis the ordinary rate for the week shall be one-half of the fortnightly rate of pay. Provided that deductions for unpaid absences shall be calculated at the hourly rate.

8.2 Where an employee's rostered day-off (under the 9-day fortnight roster) falls on a payday the employee shall be paid his wages not later than the next working day following his rostered day-off. Provided that if such pay day falls on a Friday wages wll be paid on his preceding working day.

AP825355 Clause 8

9. WORK ON ROSTERED DAY-OFF (MONDAY - FRIDAY) ALL EMPLOYEES OTHER THAN 7-DAY SHIFT WORKERS

9.1 For all work done by an employee (other than an employee engaged on 7-day shift work) on his or her rostered day-off the rates of pay shall be in accordance with those prescribed for overtime Monday to Friday in a relevant award. Provided that any such employee required to report for work on his or her rostered day-off shall be paid for at least four hours at the above-mentioned rates for each attendance.

9.2 An employee (other than an employee engaged on 7-day shift work) who is called upon to work on his or her rostered day-off the hours of a normal working day or shift, and who performs additional work outside those hours, either inunediately before or immediately after, shall, with respect to such additional work, be entitled to meal allowance/s in accordance with the provisions prescribed in the relevant award for overtime worked Monday to Friday.

AP825355 Clause 9

10. ROSTERED DAY-OFF FALLING ON A HOLIDAY

10.1 Shift rosters

Subject to the provisions of the company award where a relevant award provides that a shift worker whose rostered day-off falls on a holiday, Monday to Friday to which a day worker is entitled, and who is not required to work shall receive his or her ordinary-time rate for the hours rostered in addition to his or her weekly wage, such provision shall be read as limited to 7-day shift workers and 5-day continuous shift workers and to payment for one shift at the employee's ordinary-time rate.

10.2 9-Day fortnight roster

Subject to the provisions of the company award where the rostered day-off of an employee working under a 9-day fortnight roster system falls on an award holiday, Monday to Friday and the employee is not required to work on that day such employee shall by agreement between the employer and the employee or failing such agreement at the discretion of the employer either be paid an additional days pay at his or her ordinary-time rate or be granted another day off in lieu thereof.

AP825355 Clause 10

11. DISPUTE SETTLING PROCEDURE

11.1 A problem arising from the application of the provision of this award shall be dealt with in accordance with the following procedure:

11.1.1

11.1.2

11.1.3

Problems arising at job level shall be discussed in the first instance between the employee(s) concerned and the immediate supervisor.

If not settled, the matter shall be further discussed between the employee and a more senior representative of the employer. The employee may appoint another person, or a union representative to be involved in the discussions.

If the matter is still unresolved, it shall be referred to the Presidential Member of the Commission in charge of the Industry or his nominee for assistance in resolving the matter.

11.2 Work shall continue normally without the imposition of any bans or limitations on the performance of work until the matter is resolved. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.

AP825355 Clause 11

12. APPLICATION TO OTHER AWARDS

The standard prescribed by this award of an average of 35 ordinary hours of work per week will take precedence over any inconsistent provision in a Relevant award. With respect to all other conditions prescribed by this award, a Relevant award will take precedence over this award to the extent of any inconsistency.

AP825355 Clause 12

13. DATE OF OPERATION

This award shall come into operation on 24 June 2003 and shall remain in force for a period of one month.

AP825355 Clause 13

SCHEDULE A

Australasian Lublicants Manufacturing Company Pty Ltd [C34265/00] Basell Australia Pty Ltd BP Australia Pty Ltd BP (Fremantle) Ltd BP Lubricant Services Pty Ltd [C2002/668] BP Refinery (Bulwer Island) Pty Ltd BP Refinery (Kwinana) Proprietary Limited Caltex Australia Petroleum Pty Ltd Caltex Lubricating Oil Refinery Pty Ltd Caltex Petroleum (Qld) Pty Ltd Caltex Refineries (NSW) Pty Ltd Caltex Refmeries (Qld) Ltd Castrol Australia Pty Limited Esso Australia Pty Limited Mobil Oil Australia Pty Ltd Mobil Refining Australia Pty Ltd The Shell Company of Australia Limited Shell Refining (Australia) Proprietary Limited Qenos Olefins Pty Ltd Qenos Pty Ltd [C2002/2392]

AP825355 Schedule A

SCHEDULEB

Australian Municipal, Administrative, Clerical and Services Union The Australian Institute of Marine and Power Engineers as to its Members employed by Caltex Lubricating Oil Refinery Pty Ltd. The Australian Worker's Union Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union. Construction, Forestry, Mining & Energy Union Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Services Union of Australia National Union of Workers Shop Distributive and Allied Employees Association

AP825355 Schedule B

SCHEDULEC

A roster agreed upon by the parties for day workers working the 9 day fortnight.

Original copies of the roster may, on application, be inspected or copied at any Registry of the Australian Industrial Relations Commission.

** end of text **

AP825355 Schedule C

AP792264 - Oil Industry (Long Service Leave) Award 2000

This Fair Work Australia consolidated award incorporates all amendments up to and including 18 February 2002 (variation PR914454).

Clauses affected by the most recent amendment( s) are:

Roping in Award No 10f2002

About this Award: Printed by authority of the Couuuonwealth Government Printer.

Disclaimer: Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia's website (w~fw.r.va.gov.au) or purchased from any office afFair Work Australia.

AP792264 [Pre-Reform FW A Consolidation J

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996

(C No. 00859 of 1999)

LONG SERVICE LEAVE (OIL COMPANIES) AWARD 1985 (ODN C No. 01055 of 1984)

[Print F8412 [L0052]]

Various employees Oil and gas industry

SENIOR DEPUTY PRESIDENT POLITES MELBOURNE, 19 JULY 2000

Award simplification.

PREAMBLE

The following decision, now edited, was given in transcript on 23 June, 2000:

1 indicate that subject to confirmation of the schedule of respondents, which is to be indicated by Mr Nicolaides, appearing for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, pursuant to Item 51 of the Workplace Relations and Other Legislation Amendment Act 19961 will vary the award known as the Long Service Leave (Oil Companies) Award 1985 by deleting all of the provisions and substituting thereof the provisions contained in exhibit G 1.

The order will operate from the first pay period to commence on or after 23 June, 2000, as indicated in G I, and remain in force for a nominal period of three years. In the event that there is some difficulty with the schedule of respondents, I will endeavour to handle the matter by way of a telephone hook up rather than getting all the parties together unnecessarily.

The issue of the schedule of respondents has now been resolved by consent and accordingly the award will be varied in accordance with exhibit G 1.

ORDER

A. By deleting all clauses and schedules and inserting the following:

AP792264 Preamble

1. TITLE

This Award shall be known as the Oil Industry (Long Service Leave) Award 2000.

AP792264 Clause 1

2. COVERAGE OF AGREEMENT AND PARTIES BOUND

2.1 This Award shall be binding on the employers named in Schedule A and the organisations of employees named in Schedule B, and shall apply to all employees, whether members of the said organisations of employees or not, engaged on work in, or in connection with, the production, manufacture or wholesale distribution of petroleum products and who are employed on off-shore production platforms or in processing plants, offices, refineries, terminals, installations, airfields or depots in the Australian Capital Territory, the Northem Territory, and the States of Queensland, New South Wales, Victoria, South Australia, Westem Australia and Tasmania.

2.2 The terms and conditions set out in this Award shall govem all matters relating to long service leave on and ii-mn 1 January 1985, notwithstanding the provisions of any Act, statutory instrument, award, determination or agreement.

AP792264 Clause 2

3. PERIOD OF OPERATION

This award shall commence operation from the first pay period commencing on or after 23 June, 2000 and continue in force for a period of three years.

AP792264 Clause 3

4. DEFINITIONS

In this Award, unless the context otherwise indicates or requires:

4.1 Actual rate of pay means the total mnount an employee would have received for performing ordinary hours of work but shall not include overtime, shift premiums, penalty rates mId other extraneous payments of a like nature.

4.2 Business has the same meaning as employer in this Award, and includes a part of such business.

4.3 Employer means any company named in Schedule A to this Award.

4.4 Employee means any person employed by an employer under the terms of clause 2 of this Award, but does not include persons employed as casual employees.

4.5 Service with au employer for the purposes of this Award mellilS the period during which llil employee has served an employer under an unbroken contract of employment, provided that:

4.5.1 a contract of employment shall be deemed not to have been broken by reason only of any interruption or determination thereof, if the interruption or determination:

4.5.1(a) has been made by llil employer with the intention of avoiding any obligation imposed by this Award or by any State law dealing with long service leave; or

4.5.1(b) has arisen, either directly or indirectly, from llil industrial dispute concerning industrial matters, and an employee returns to duty with the same employer in accordance with the terms of settlement ofthe said dispute; or

4.5.1(c) has been made by an employer by reason of slackness of trade, mId the employee is re-employed by the same employer within six months of such interruption or determination; or

4.5.1(d) has been made by llil employer for any reason other than those referred to in subparagraph 4.5.1(a), 4.5. 1 (b) mId 4.5. 1 (c) hereof, llild the employee is re­employed by the same employer within two months of such interruption or determination.

4.5.2 any period of interruption or determination of the contract of employment referred to in 4.5.1 of this definition shall not, except in the case referred to in 4.5.1(a) hereof, be taken into account in calculating the period of service.

4.5.3 llily period of service by an employee as a member of the navy, military or air forces of the Commonwealth (otherwise thllil as a permanent member of such forces) shall be deemed to be service with the employer by whom the employee concerned was last employed before the employee commenced to serve as such member for the purposes of this Award.

AP792264 Clause 4 (p. I of2)

4.5.4 service with the employer before the commencement of this Award shall, subject to the provisions of clause 6.2 hereof, as well as service with the employer after such commencement, be taken into account for the purposes of this Award.

4.6 Transmission includes transfer, conveyance, assignment, or succession whether by agreement or by operation oflaw, and transmitted has a corresponding meaning.

AP792264 Clause 4 (p. 20f2)

5. RIGHT TO LEAVE

5.1 An employee shall be entitled to, and, subject to clause 8 of this Award, an employer shall grant, long service leave with pay in respect of service with an employer as provided by this Award.

5.2 Except as provided by this Award, payment in lieu of long service leave shall not be made by an employer, or accepted by an employee.

AP792264 Clause 5

6. AMOUNT OF LEAVE

6.1 Subject to the provisions of clause 6.2 hereof, the amount of long service leave to which an employee shall be entitled shall be:

6.1.1 in the case of an employee who has completed at least ten years service with an employer:

6.1.1(a) in respect of ten years' service so completed, thirteen consecutive weeks leave; provided that an employee shall not be granted more than 455 paid hours leave (which is the equivalent to 13 weeks times 35 hours); and

6.1.1(b) in respect of each ten years service with an employer completed since the employee last became entitled to long service leave, thirteen consecutive weeks (455 paid hours) leave; and

6.1.1(c) on the tennination of the employee's employment, in respect of the number of years' service with an employer since the employee became entitled to an amount of long service leave, a proportionate amount on the basis of thirteen consecutive weeks (455 paid hours) leave for ten years service; and

6.1.2 in the case of an employee who has completed at least five years service with an employer and whose employment is terminated for any cause, other than the employee's serious or willful misconduct, a proportionate amount on the basis of thirteen consecutive weeks (455 paid hours) leave for ten years service.

6.2 In the case of an employee whose service with an employer commenced before 1 January 1985, and whose service would have provided an entitlement to long service leave under this Award, the amount oflong service leave to which such employee shall be entitled shall be the sum of the following amounts:

6.2.1 an amount calculated on the basis of thirteen consecutive weeks leave for twenty years service in respect of the employee's service with the employer:

6.2.1(a) in New South Wales, before I April 1963;

6.2.1(b) in Queensland, before 11 May 1964;

6.2.1 (c) in Victoria, before 1 January 1965;

6.2.1(d) in South Australia, before 1 January 1966;

6.2.1(e) in Western Australia, before 1 October 1964;

6.2.1(f) in Tasmania, before 17 December 1964;

6.2.1(g) in the Australian Capital Territory, before 11 May 1964; and

6.2.1(h) in tlle Northern Territory, subject to the provisions of the Long Service Ordinance 1965, before 11 May 1964; and

AP792264 Clause 6 (p. 1 of2)

6.2.2 an amount calculated on the basis of thirteen consecutive weeks (455 paid hours) leave for fifteen years service in respect of the period of the employee's service with the employer:

6.2.2(a) in New South Wales on and from I April 1963;

6.2.2(b) in Queensland on and from II May 1964;

6.2.2(c) in Victoria on and from I January 1965;

6.2.2(d) in South Australia on aod from I January 1966;

6.2.2(e) in Westem Australia on and from 1 October 1964;

6.2.2(1) in Tasmania on and from 17 December 1964;

6.2.2(g) in the Australian Capital Tenitory on and from 11 May 1964;

6.2.2(h) in the Northem Territory on and from 11 May 1964; and

6.2.3 an amount calculated on the basis of thirteen consecutive weeks (455 paid hours) leave for ten years service in respect of the period of the employee's service with the employer:

6.2.3(a) in South Australia on and from 1 January 1972;

6.2.3(b) in the Northem Tenitory on and from 30 September 1974.

AP792264 Clause 6 (p. 2 of2)

7. PAYMENT FOR PERIOD OF LEAVE

7.1 Subject to the provisions of subclause 7.3 hereof, the rate of payment to which an employee on leave shall be entitled shall be the employee's actual rate of pay, as defined in clause 4.1 of this Award.

7.2 Payment shall be made in one of the following ways:

7.2.1 in advance for the whole of the period when the employee commences the period of leave, at the rate calculated in accordance with the provisions of clause 7.1 hereof; or

7.2.2 by agreement with the employee, at the same time as payment would have been made if the employee had remained on duty, or

7.2.3 in any other way agreed between the employer and the employee.

7.3 Where, during the period of leave, a variation occurs to an employee's actual rate of pay, the rate of payment to which the employee shall be entitled, for the leave period, shall include the varied rate from the date of such variation.

7.4 Where payment has been made in advance to an employee, in accordance with this clause, the employer shall, upon the employee's retum to duty, adjust such advance payment to include the varied rate of pay.

AP792264 Clause 7

1--

8. TAKING LEAVE

8.1 Where an employee has become entitled to long service leave pursuant to this Award, such leave shall be granted by the employer as soon as practicable having regard to the needs of the establishment, or as provided by clause 8.3 hereof, at such time, or times, as may be agreed between the employer and the employee.

8.2 Except where an employee agrees otherwise, the employer shall give an employee at least 28 days notice of the date from which leave is to be taken.

8.3 The leave prescribed by this Award shall be granted, and taken, in one continuous period, or if the employer and the employee so agree, in not more than three separate periods.

8.4 The long service leave prescribed by this Award shall be exclusive of annual leave and all other holidays prescribed by an award, industrial agreement, or other statutory enactment applicable to the employee's contract of employment occurring during the taking of any period of long service leave. If any such holiday, to which an employee is entitled, falls within the employee's period of long service leave and is observed on a day which, in the case of that employee, would have been an ordinary working day, there shall be added, to the period of long service leave, time equivalent to the ordinary time which the employee would have worked if such a day had not been a holiday.

AP792264 Clause 8

9. GRANTING LEAVE IN ADVANCE

9.1 An employee may, by mutual agreement with the employer, be granted long service leave before the right to such leave has accrued due.

9.2 Where leave is taken in accordance with 9.1 hereof, the employee shall not become entitled to any further leave under this Award for the period in respect of which such leave was taken before it accrued due.

9.3 Where leave has been granted to an employee, pursuant to 9.1 hereof, before the right thereto has accrued due, and the employment is subsequently terminated, the employer may deduct from any remuneration payable to the employee on the tennination of employment such amount as represents payment for any period for which the employee has been granted, and has taken, leave to which the employee was not entitled at the date of termination of the employee's employment.

AP792264 Clause 9

10. RESTRICTION UPON EMPLOYMENT WHILE ON LEAVE

An employee shall not engage in any employment for hire or reward during any period of long service leave pursuant to this Award.

AP792264 Clause 10

11. PAYMENT ON TERMINATION FOR LEAVE NOT TAKEN

11.1 Where the employment of an employee is terminated, otherwise than by the employee's death, and any long service leave:

11.1.1 to which the employee was entitled has not been taken; and/or

11.1.2 accrues to the employee on such termination,

the employer shall immediately pay, in full, to the employee, the amount in respect of such leave, calculated at the date of the termination in the manner set out in clause 7.1 ofthis Award, less any amount already paid to the employee in respect of that leave.

11.2 Where an employee dies, and any long service leave:

11.2.1 to which the employee was entitled has not been taken; and/or

11.2.2 accrues upon termination of the employment by reason ofthe employee's death,

the employer shall, upon request by the employee's personal representative, pay, in full, to the employee's personal representative, the amount in respect of such leave calculated as at the date of the death of the employee in the manner set out in clause 7.1 ofthis Award, less any amount already paid to the employee in respect of that leave.

AP792264 Clause 11

12. BENEFITS TO BE BROUGHT INTO ACCOUNT

12.1 Any long service leave allowed, or payment in lieu thereof made before 1 January 1985, shall be taken into account, and shall be deemed to have been leave granted, and taken, in satisfaction of any entitlement to leave due under this Award:

12.1.1

12.1.2

AP792264

in the case ofleave with pay - to the extent ofthe period of such leave; and

in the case of payment in lieu thereof - to the extent of a period ofleave equivalent to the amount of payment at the date thereof.

Clause 12

13. TRANSMISSION OF BUSINESS

13.1 Where, whether before or after the commencement of this Award, the business or part thereof is transmitted from an employer (called "the transmittor") to another employer (called "the transmittee") and an employee who, at the time of such transmission, was an employee of the transmittor in that business or part thereof, becomes an employee of the transmittee:

13.1.1

13.1.2

the continuity of the contract of employment of the employee shall be deemed not to have been broken by reason of such transmission; and

the period of service which the employee has had with the transmittor, or any prior transmittor, shall be deemed to be service with the transmittee, and the employee shall be entitled to long service leave as if the employee had, during the whole period of service, been employed, with the one employer, at the date at which the employee's entitlement to long service leave accrues.

13.2 Nothing in 13.1 hereof shall be construed as entitling an employee to leave, or payment in lieu thereof, more than once in respect of any period of service.

AP792264 Clause 13

SCHEDULE A

BP Australia Limited BP (Fremantle) Ltd BP Refinery (Kwinana) Pty Ltd BP (Bulwer Island)) Ltd

Caltex Australia Petroleum Pty Ltd Caltex Refineries (NSW) Pty Ltd+­Caltex Lubricating Oil Refinery Pty Ltd Caltex Refineries (NSW) Pty Ltd Caltex International Technical Center Pty Ltd

Castrol Australia Pty Limited

Esso Australia Pty Ltd Exxon Chemical Australia Ltd

Mobil Oil Australia Pty Ltd

The Shell Company of Australia Limited Shell Refining (Australia) Pty Ltd

AP792264 Schedule A

SCHEDULEB

[Sched B varied by T0145 ppc 23JunOO]

Construction, Forestry, Mining and Energy Union Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union The Australian Workers' Union Communications, Electrical, Electronic, Energy, Infonnation, Postal, Plumbing and Allied Services Union of Australia Australian Municipal, Administrative, Clerical and Services Union National Union of Workers

AP792264 Schedule B - TOl45

ROPING-IN AWARD NO 1 OF 2000

[Roping-in Award No 1 of 2000 inserted by T1852 ppc 090ctOO]

L TITLE

This award shall be known as the Oil InduslIy (Long Service Leave) (Roping-in No.1) Award 2000.

2. PARTIES BOUND

This award shall be binding upon the National Union of Workers (the Union), its officers and Australasian Lubricants Manufacturing Company Pty Ltd of c/- Caltex Products Tenninal, Tanker Street, Lytton QLD, in respect of persons employed who are eligible to the members of the Union whether members or not

3. APPLICATION

The provisions of the Oil Industry (Long Service Leave) Award 2000 [Print 00436] as varied from time to time shall apply.

4. SAVINGS PROVISION

No employee shall, as a result of the making of this award, suffer any loss of existing wages or other benefits which could constitute any allowable matter to which the employee is entitled to prior to the date of the corning into operation of this award.

5. OPERATION

This award shall operate from the first pay period to commence on or after 9 October 2000 shall remain in force for a period of six months.

AP792264 Roping in Award No 1 of2000 - T1852

"

ROPING-IN AWARD NO 1 OF 2002

[Roping-in Award No 1 of 2002 inserted by PR914454 ppc 04Feb02]

1. TITLE

This award shall be known as the Oil Industry (Long Service Leave) Roping-in No.1 Award 2002.

2. PARTIES BOUND

This award shall be binding upon:

2.1 The National Union of Workers (the Union), its officers and members; and

2.2 BP Lubricant Services Pty Ltd (the employer), 360 Elizabeth Street, Melbourne, Victoria in respect of persons employed who are eligible to be members of the Union whether members or not employed at the employer's operations in Victoria and New South Wales.

3. APPLICATION

The provisions of the Oil Industry (Long Service Leave) Award 2000, as varied from time to time, shall apply.

4. SAVINGS PROVISION

No employee shall, as a result of the making of this award, suffer any loss of existing wages or other benefits which would constitute an allowable award matter to which the employee is entitled to prior to the date of the coming into operation of this award.

5. DATE OF OPERATION

This award shall operate from the first pay period to commence on or after 4 February 2002 and shall remain in force for a period of twelve months.

** end of text **

AP792264 Roping in Award No 1 of2002 - PR914454