BP Refinery (Kwinana) Pty Ltd & AWU...

BP Refinery (Kwinana) Pty Ltd Operations & Laboratory Employees Agreement 2014

BP Refinery (Kwinana) Pty Ltd & AWU Operations & Laboratory Employees Agreement 2014

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Contents

1. TITLE……………………………………………………………………………………………………….. 1

2. APPLICATION AND SCOPE…………………………………………………………………………… 1

3. INTERPRETATION OF THIS AGREEMENT…………………………………………………………. 1

4. DEFINITIONS……………………………………………………………………………………………..

5. DATE AND PERIOD OF OPERATION…………………………………………………………………

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6. RELATIONSHIP TO PARENT AWARDS…..…………………………………………………………. 3

7. NO EXTRA CLAIMS…………….……………………………………………………………………….. 3

8. RENEGOTIATION OF THIS AGREEMENT………………………………………………………….. 3

9. VARIATIONS TO THE AGREEMENT………………………….……………………………………... 3

10. PRINCIPLES OF THE AGREEMENT………………………………………………………………. 4

11. CONTRACT OF EMPLOYMENT…..………………………………………………………………….. 5

12. REDUNDANCY………………………………………………………………………………………….. 7

13. HOURS OF WORK………..………………….……………………………….................................... 7

14. FLEXIBILITY…………………………………………………………………………………………….. 7

15. LONG SERVICE LEAVE………………………………………………………………………….……. 7

16. LEAVE ALLOWED BEFORE DUE DATE………………………………………………………….…. 7

17. COMPASSIONATE LEAVE………………………………………………….…...……………………. 8

18. PERSONAL/CARER’S LEAVE……….………………………………………………………………... 8

19. JURY SERVICE…………………………………………………………………………………………. 8

20. PARENTAL LEAVE..…………………...…………………………………………………………….. ... 8

21. STUDY LEAVE……..............………………..…………………………………………………………. 8

22. PUBLIC HOLIDAYS………………. ………...…………………………………………………………. 8

23. DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE ………….……………….….……… 8

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24. INDIVIDUAL FLEXIBILITY ARRANGEMENTS (IFA) ….…………………………………………… 9

25. TRAINING FOR DELEGATES AND EMPLOYEE REPRESENTATIVES……………..…………. 10

26. CONSULTATION BEFORE CHANGE ….……………………………………………………………. 10

27. INTRODUCTION OF NEW TECHNOLOGY AND CHANGE …………….………………………... 11

28. SUPERANNUATION……………………………………………………………………………………. 11

29. DRUG AND ALCOHOL UNDERSTANDING…………………………………………………………. 11

30. COMPANY UNDERTAKINGS…………………………………………………………………………. 12

31. ROLE OF UNION DELEGATES AND EMPLOYEE REPRESENTATIVES………………………. 13

32. UNION FEE DEDUCTIONS……………………………………………………………………………. 14

33. DISCIPLINE AND PERFORMANCE ISSUES……………………………………………………….. 14

34. OCCUPATIONAL HEALTH AND SAFETY…………………………………………………………… 14

35. SAFETY CLOTHING……………………………………………………………………………………. 14

36. OHS CONSULTATION PROCESS……………………………………………………………………. 15

37. OHS TRAINING…………………………………………………………………………………………. 15

38. FLEXI/TOIL………………………………………………………………………………………………. 15

39. ABSENCE………………………………………………………………………………………………... 15

40. CONTRACTORS AND SUPPLEMENTARY LABOUR……………………………………………… 15

41. COMPANY BONUS…………………………………………………………………………………….. 16

42. FLEXIBLE REMUNERATION………………………………………………………………………….. 16

43. PROCESS TESTING…………………………………………………………………………………… 16

SCHEDULE A: OPERATIONS EMPLOYEES

44. MANNING REVIEW…………………………………………………………………………………….. 17

45. REMUNERATION…………………………...………………………………………………………….. 17

46. EXTENDED HOURS MANAGEMENT STRATEGY…………………………………………………. 18

47. COMPANY INITIATED HOURS……………………………………………………………………….. 18

48. FLEXI-TIME AGREEMENT AND APPLICATION……………………………………………………. 19

49. RULES FOR FLEXI-TIME………….…………………………………………………………………... 19

50. TURNAROUND LEADS………………………………………………………………………………… 20

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51. TAKING OF ANNUAL LEAVE, LONG SERVICE LEAVE AND FLEXI TIME……………………... 20

52. IMPLEMENTATION AND REVIEW………………………………………………………………….... 21

53. PROCESS MAINTENANCE…….……………………………………………………………………… 21

54. TRAINING………………………………………………………………………………………………... 22

55. TRAINING AND MAKE UP HOURS……..……………………………………………………………. 22

56. ADMINISTRATIVE TASKS…………………………………………………………………………….. 24

57. REFINERY STAFFING STRUCTURE………………………………………………………………… 24

58. TECHNICIAN CATEGORY STRUCTURE……………………………………………………………. 24

59. ROLES AND RESPONSIBILITIES FOR OPERATIONS PERSONNEL UNDER NEW STRUCTURE………………………………………………………………………………………………… 28

60. RATES OF PAY……….…………………………………………………………………...................... 36

61. APPRENTICES…………………………………..……………………………………………………… 37

62. WORKGROUPS………………..………………………………………………………………………. 37

63. EMERGENCY RESPONSE GROUP (ERG)………………………………………….................... 38

SCHEDULE B: LABORATORY EMPLOYEES

64. STAFFING……………………………….……………………………………………………………... 39

65. CLASSIFICATION………..…………………………………………………………………………….. 39

66. REMUNERATION………………….……………………………………………………………………. 39

67. WORKING ARRANGEMENTS FOR DAY WORKERS……………………………………………... 40

68. SEVEN DAY CONTINUOUS SHIFT WORK….……………………………………………………… 40

69. TRAINING……………………………..…...……………………………………………………………. 40

70. SKILLED LEVEL PROGRESSION…….………………………………………………...................... 41

71. RATES OF PAY………..………………………………………………………………………………... 41

72. ANNUAL LEAVE…………….………………………………………………………………………….. 42

73. LABORATORY CONSULTATIVE COMMITTEE……………………………………………………. 42

74. TIME IN LIEU…………………………………………………………………………………………….. 43

75. FLEXIBLE WORKING ARRANGEMENTS…………..……………………………………………….. 43

76. WORK COORDINATORS …………………………………………………………………………….. 44

77. DEMARCATIONS ………………………………………………………………………………………. 44

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78. MAINTENANCE ….…………………………………………………………………………………….. 44

79. PERSONAL REVIEW ………………………………….………………………………………………. 44

80. SIGNATORIES TO THIS AGREEMENT….……………………………...…………………………... 45

81. APPENDIX A: RELEVANT AWARDS...…………………………………………..…………………... 46

82. APPENDIX B: MOU CONCERNING BPRK DRUG AND ALCOHOL PROCEDURE……………. 150

83. APPENDIX C: RELEVANT COMPANY POLICIES………………………………………………….. 151

84. APPENDIX D: MANNING REVIEW…………………………………………………………………… 174

85. APPENDIX E: EXTRACT FROM 1992 AGREEMENT……………………………………………… 176

86. APPENDIX F: LABORATORY TECHNICIAN CLASSIFICATION STRUCTURE AND TRAINING MODULES……………………………………………………………………………………….

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1. TITLE

This Agreement shall be referred to as the BP Refinery (Kwinana) Pty Ltd & AWU Operations & Laboratory Employees Agreement 2014 (Agreement).

2. APPLICATION AND SCOPE

The parties to the Agreement are:

BP Refinery (Kwinana) Pty Ltd (BP Kwinana or Company);

All Operations employees employed by BP Kwinana and who are covered by the classifications contained in clause 60 of Schedule A to this Agreement (Schedule A Operations Employees);

All Laboratory employees employed by BP Kwinana and who are covered by the classifications contained in clause 71 of this Agreement (Schedule B Laboratory Employees); and

The Australian Workers Union.

3. INTERPRETATION OF THIS AGREEMENT

For avoidance of doubt:

Schedule A of this Agreement applies only to those employees employed as Schedule A Operations Employees;

Schedule B of this Agreement applies only to those employees employed as Schedule B Laboratory Employees;

Where the words “this Agreement” are used in Schedule A of this Agreement they will be taken to refer only to the provisions of Schedule A of the Agreement;

Where the words “this Agreement” are used in Schedule B of this Agreement they will be taken to refer only to the provisions of Schedule B of the Agreement;

Where the word “Party” or “Parties” are used in Schedule A of this Agreement they will be taken to refer only to Schedule A Operations Employees and BP Kwinana;

Where the word “Party” or “Parties” are used in Schedule B of this Agreement they will be taken to refer only to Schedule B Laboratory Employees and BP Kwinana;

Where the word “Technician” or “Technicians” are used in Schedule A of this Agreement they will be taken to refer only to Operations Technicians.

Where the words “Technician” or “Technicians” are used in Schedule B of this Agreement they will be taken to refer only to Laboratory Technicians.

4. DEFINITIONS

Awards Oil Manufacturing Award 2010 and Oil Industry (Long Service Leave) Award 2000

AA Area Authority

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AAA Area Authority Assistant

AWU The Australian Workers Union

Executive AWU site committee

BA Breathing Apparatus

DSTL Deputy Shift Team Leader

EFT Electronic Funds Transfer

ERG Emergency Response Group

ESD Emergency Shutdown System

FW Act Fair Work Act 2009 (Cth)

FWC Fair Work Commission

Flexi-time Hours accrued providing coverage over the 35 hour week

GLMS Global Learning Management System

HF Acid Hydro Fluoric Acid

Just Culture Model BP disciplinary process model

LCC Laboratory Consultative Committee

LT Laboratory Technician

OCC Operations Consultative Committee

OFA Occupational First Aider

POG Percentage of guidance

QMM Quality Measurement Manager

Process Technician any form of technician engaged under this Agreement including Refinery Technician (RT), Operations Technician (OT) and Control Technician (CT)

Refinery BP Kwinana Refinery

Safe Park Emergency Shutdown System

SCBA Self-Contained Breathing Apparatus

SELL Safe, Efficient, Legal and Logical

Site BP Kwinana Refinery and associated work areas

SM Shift Manager

Step-Out Change a significant addition to skill, scope and/or responsibilities not foreseen or accounted for in this Agreement

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STL Shift Team Leader

TOIL Time off in Lieu

VERT Volunteer Emergency Response Team

VPP The Variable Pay Plan

5. DATE AND PERIOD OF OPERATION

This Agreement will come into operation seven (7) days after written approval by the FWC and will remain in force until 30 November 2017. Beyond this date, the Agreement will remain in force until replaced by another Agreement.

6. RELATIONSHIP TO PARENT AWARDS

The following Awards shall underpin this Agreement, and are attached at Appendix A:

From 1 January 2013:

Oil Manufacturing Award 2010;

Standard Hours (Oil Companies) Award 2003; and,

Oil Industry (Long Service Leave) Award 2000.

To the extent of any inconsistency or overlap between the Agreement and any of the provisions in the above awards, the terms of this Agreement will prevail.

7. NO EXTRA CLAIMS

During the term of this Agreement the following is agreed:

The parties to this agreement will not pursue any extra claims relating to wages or changes to conditions of employment or any other matters related to the employment of the employees, whether dealt with in the Agreement or not;

The Agreement covers all matters or claims which could otherwise be subject to protected industrial action in the FW Act; and

Neither the employees nor any party to the Agreement will engage in protected action under the FW Act.

8. RENEGOTIATION OF THE AGREEMENT

Six months before the nominal expiry date of the Agreement, the persons covered by the Agreement, including the Union, will commence negotiation of an Agreement to replace this Agreement.

9. VARIATIONS TO THE AGREEMENT

The terms of this Agreement may be varied by the consent of the majority of the employees, covered by this Agreement, who are affected by the variation.

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10. PRINCIPLES OF THE AGREEMENT

10.1 The Parties recognise and accept that the objective of this Agreement is to support the implementation of remuneration and other workplace systems that facilitate the removal of barriers to change and positively encourage workplace reform, continuous improvement, quality processes and best practice. These new systems should, among other things:

(a) Provide an annualised salary as well as improved job satisfaction and quality of life for all employees.

(b) Foster a positive workplace attitude to the implementation of better working arrangements and the undertaking of work in the most productive and expeditious manner possible (i.e. positive workplace culture).

(c) Ensure a strong focus by employees on meeting internal and external customer requirements and quality objectives.

(d) Encourage the use of initiative, judgment and problem solving techniques by all employees to better identify and eradicate process bottlenecks and other inefficiencies.

(e) Facilitate a high level of trust, mutual understanding, teamwork and team performance with the ultimate objective of improving self‐directed work groups.

(f) Facilitate the integration of jobs consistent with the elimination of demarcation barriers.

(g) Continue to develop and maintain the most co‐operative and harmonious working relationships possible.

(h) In general, maximise the efficiency and prosperity of the operation of the Refinery to satisfy the aspirations of employees, customers, shareholders and the community.

(i) This includes, among other things, continuous efforts to:

Develop, maintain, and adhere to best practice operating procedures;

Reduce absenteeism and accidents;

Reduce downtime and improve performance of equipment;

Reduce equipment damage; and

Improve housekeeping.

10.2 The Parties recognise that to fully achieve these objectives it is necessary to develop a working environment in which all employees have a strong commitment to and common identity with the business and its performance.

10.3 To this end, the Parties further acknowledge the need:

(a) For employees to undertake any jobs or duties subject only to the level of their skill,

knowledge and competence as well as safety and licensing requirements (i.e. SELL).

(b) To accept those employees in each area must be totally flexible and their jobs tailored to optimise process and cost efficiency as well as the day to day continuity of operations. Determination of this will be based on the SELL principle and will include the following.

Flexibility in the movement of employees across the operation;

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Flexibility in the number of people doing particular jobs and in the arrangement of work between employees in a particular work team or area; and

That subject to the limits of their skill, knowledge, training and competence, employees undertakes their whole job, even where this requires working beyond or outside normal rostered hours. Employees will be required to work the hours necessary to fulfil all internal and external customer needs of the business.

10.4 Consistent with this clause 10, the Parties agree that high priority must continue to be placed on training, retraining and developing employees so as to broaden and advance their skills, grow their potential and meet the needs of changing technology and customer requirements.

10.5 Subject to the base requirement to work a minimum average of 35 ordinary hours per week, the object of the annualised salary is to encourage the needs of the business to be met in the most efficient way, thereby reducing the need for extended hours to be worked.

10.6 Significant business advantages may be possible from involvement in projects. These advantages include, but are not limited to, financial advantage, cost saving, shared vision, injection of expertise and team building.

10.7 Operations and Laboratory personnel, where flexibilities and manpower above minimum shift manning and leave requirements allow, may voluntarily enter into project teams. Project work may require personnel to work either on shift, between shift/rounds or off shift. There shall be no restriction on the scope of project work that may be engaged, duration of the project, or the role of a project team. The release of personnel shall be at the sole discretion of the SM, but will only occur after consultation with the OCC for Operations Employees or LCC for Laboratory Employees and relevant workgroup to determine the best method of providing cover for the personnel to be released. Personnel, once released, shall only be recalled to the Operations or Laboratory team if deemed necessary by the SM and either the OCC or LCC as applicable, or Workgroup.

10.8 The OCC or LCC, as applicable, may deem some work as “needs of the business”, in which case the relevant work group will provide support within the ability of the 35 hour week provisions.

11. CONTRACT OF EMPLOYMENT

11.1 General

11.1.1 Employment shall be on a fortnightly basis. Any employee not specifically engaged as a casual, temporary or part-time employee shall be deemed to be employed by the fortnight. Employees shall be ready, willing and available to perform all duties as directed. Employment is terminable by the Company or an employee on one month’s notice, except for where there is misconduct, which would justify instant dismissal of the employee(s) concerned. This shall not affect the right of the Company to dismiss any employee without notice for inefficiency, neglect of duty or misconduct and, in such cases, the wages shall be paid up to the time of dismissal.

11.1.2 Subject to an application to FWA, the Company shall also have the right to deduct payment for a shift or part shift if the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work or any cause for which the Company cannot be reasonably held responsible.

11.1.3 An employee not attending for duty will, except in the case of an authorised absence, lose pay for the actual time of such non-attendance.

11.1.4 It is a condition of employment that an employee will:

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(a) Comply with the orders of the Company to work reasonable hours, scheduled and unscheduled, at any time during the seven days of the week in accordance with the Principles of the Agreement (as outlined in clause 10).

(b) Use all appropriate protective clothing and equipment provided by the Company for specific circumstances.

(c) Perform such work, including shift work, as the Company shall from time to time reasonably require.

(d) Comply with the Company’s direction to carry out work required for the safety of personnel and plant or for the prevention or control of pollution.

(e) Operations Employees employed as shift workers that are not relieved as scheduled at the end of their rostered shift, shall continue work until relieved or other wise authorised by the Company to finish work, provided that they are not be required to work more than 16 hours in any consecutive 24 hours.

(f) Laboratory Employees employed as shift workers that are requested to work in excess of a 12-hour shift may choose to do so, provided that they are not required to work more than 14 hours in any consecutive 24 hours. This provision does not stop a Laboratory Employee from having the right to refuse to work more than 12 hours without due notice or the right of the Company to request that a 12 hour shift be extended on occasion.

(g) Comply with the Company’s direction to keep the work place and equipment in a clean and safe condition.

(h) At the Company’s direction, carry out such duties as are within the limit of the employee’s skill, competence and training.

(i) Not be entitled to wages for any unauthorised absence.

11.1.5 Part time/Casual Employment

(a) The Company undertakes not to employ workers on a part-time or casual basis during the term of this Agreement.

(b) Both Parties agree that the jetty will continue to be staffed by contract operators.

(c) Both Parties agree that the Company can, at its discretion, contract out Wastewater Treatment Plant Operations as long as there are no forced redundancies as a result of this action.

11.1.6 Termination of employment

(a) Employment shall be terminated by the Company in accordance with the provisions of section 117 of the FW Act. The redundancy policy will not be affected by this provision.

(b) The periods of notice required to be given by the Company are:

Employee’s period of continuous service

Period of notice

Not more than 1 year At least 1 week

More than 1 year but not more than 3 years

At least 2 weeks

More than 3 years but not more than 5 years

At least 3 weeks

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More than 5 years At least 4 weeks

11.1.7 The period of notice to be given by the Company shall be increased by an additional week if the employee:

(a) is over 45 years old;

(b) has completed at least two years continuous service with the Company.

11.1.8 The notice period by the employee is the same as clause 11.1.6 above, or the forfeiture of the equivalent pay if less notice is given.

12. REDUNDANCY

12.1 Redundancy arises where the Company has made a definite decision to reduce its staffing by

removing a position or a number of positions.

12.2 In circumstances of redundancy, the Company will consult employees and their representatives as to the number of employees being made redundant and the selection process. The selection process may include scope for voluntary redundancies.

12.3 During the term of this Agreement, redundancy benefits shall be in accordance with the Redundancy policy as at the signing date of this Agreement.

13. HOURS OF WORK

The ordinary hours of work are 35 hours per week worked over a seventy-hour (70) fortnight.

14. FLEXIBILITY

Employees covered by this Agreement are willing to perform work in the most efficient manner without artificial constraint, subject to being appropriately trained, competent and compliant with the SELL principle.

15. LONG SERVICE LEAVE

15.1 The amount of long service leave (LSL) to which an employee shall be entitled shall be as per the Oil Industry (Long Service Leave) Award 2000.

15.2 On resignation, retirement or termination a shift employee (assuming he/she has always been on shift) shall be paid all fully accrued LSL at the rate of the employees’ annualised salary. All pro‐rata LSL is paid at the rate of the employee’s annualised salary.

15.3 On redundancy a shift employee shall be paid all LSL, fully accrued and pro‐rata, at annualised rates.

15.4 LSL accrual is 520 hours over 10 years continuous employment (for shift workers) and 455 hours over 10 years continuous employment (for day workers) and is paid as if the employee is at work.

16. LEAVE ALLOWED BEFORE DUE DATE

An employer may allow an employee to take annual leave either wholly or partly in advance before the leave accrues.

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17. COMPASSIONATE LEAVE

Until the nominal expiry date of this Agreement, compassionate leave shall be provided in accordance with Company policy attached at Appendix C.

18. PERSONAL/CARER’S LEAVE

18.1 Until the nominal expiry date of this Agreement, Personal/Carers leave shall be

provided in accordance with Company policy and will be no less than the entitlements as stated in the FW Act.

18.2 Details of any absence shall be advised on the first day of absence to the relevant

STL who will advise Management as soon as possible. A full absence report is to be completed by the individual on return to work and sent to the pay office.

18.3 Additional paid sick leave, over and above the employee’s entitlement, may be

approved by the employee’s direct line manager or delegate, after reviewing length of service, frequency of absence, number of single day absences, nature and duration of illness.

19. JURY SERVICE

Until the nominal expiry date of this Agreement, jury service leave shall be provided in accordance with Company policy attached at Appendix C. Normal wages of the employee will be paid whilst the employee attends for duty.

20. PARENTAL LEAVE

Until the nominal expiry date of this Agreement, parental leave shall be provided in accordance with Company policy and be no less than that provided in the FW Act.

21. STUDY LEAVE

Until the nominal expiry date of this Agreement, study leave shall be provided in accordance with Company policy.

22. PUBLIC HOLIDAYS

22.1 Laboratory shift workers and all Operations Employees will work any public holidays

for which they are normally rostered to work. Public holiday payments are reflected in the annualised salary of such employees.

22.2 Laboratory Day workers will abide by the Public Holiday Guidelines written by the LCC.

23. DISPUTE AND GRIEVANCE RESOLUTION PROCEDURE

23.1 If a dispute or grievance arises in relation to the operation of this Agreement or a matter concerning the National Employment Standards, until the matter is determined, work shall continue as directed by the Company. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this clause. The following procedure will apply:

The matter shall first be discussed by the aggrieved employee and the line supervisor. (a)If no resolution within 48 hours:

The matter shall be discussed between the person and the aggrieved employee and (b)any person the employee wishes to have represent him/her, the relevant line manager, and the line supervisor where appropriate.

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If no resolution within five working days either party can refer the issue to the Manager (c)Business Unit or the HR Manager. Some issues may require advancing to this stage without the above constraints.

If the matter is still not settled, it shall be submitted to a member of the FWC, whose (d)decision shall be final and shall be accepted by the Parties, subject to the rights of the Parties under the FW Act.

23.2 Additionally, the Parties agree that should a dispute arise following the passing of the nominal expiry date of this Agreement, that as a first step, the dispute procedure outlined above will be adhered to. Should the Parties not reach agreement or settle the matter it will be referred to the FWC for conciliation and/or mediation. Any recommendations provided by the FWC shall be considered by the Parties.

24. INDIVIDUAL FLEXIBILITY ARRANGEMENTS (IFA)

24.1 The employer and employee may agree to an individual flexibility arrangement (“the

arrangement”) to vary the requirement in the Annual Leave term that up to a maximum of 10 single days of annual leave may be taken.

24.2 The arrangement may allow the employer and employee to increase the number of single day

annual leave days which may be taken by the employee up to a maximum of 12 single days. 24.3 The arrangement must meet the genuine needs of the employer and employee and be

genuinely agreed to by the employer and the employee. 24.4 The employer must ensure that the arrangement:

be about a permitted matter under the FW Act if the arrangement were an enterprise agreement;

not include a term that would be an unlawful term under the FW Act if the arrangement were an enterprise agreement; and

For the avoidance of doubt, this sub‐clause does not allow the arrangement to vary

the effect of terms of this enterprise agreement other than the requirement in the Annual Leave term that up to a maximum of 10 single days of annual leave may be taken.

24.5 The employer must ensure that the arrangement results in the employee being better off

overall than the employee would be if no arrangement were agreed to. 24.6 The employer must ensure that the arrangement:

is in writing;

includes the name of the employer and employee;

is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee;

includes detail of:

(a) the Annual leave term that will be varied by the arrangement; (b) how the arrangement will vary the effect of the annual leave term; and (c) how the employee will be better off overall than the employee would be if no

arrangement were agreed to; and

State the date on which the arrangement commences.

24.7 The employer must give the employee a copy of the arrangement within 14 days after it is agreed to.

24.8 The employer or employee may terminate the arrangement:

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by giving written notice of not more than 28 days; or

If the employer and employee agree in writing – at any time.

25. TRAINING FOR DELEGATES AND EMPLOYEE REPRESENTATIVES

25.1 Each Union delegate or employee representative, with approval of the Union and upon application in writing, may be granted up to 5 days leave with pay each calendar year, noncumulative, to attend courses conducted by the Union or a training provider nominated by the Union, that are designed to provide skills and competencies that will assist the delegate or employee representative perform their functions including contributing to the prompt resolution of disputes and or grievances in the workplace.

25.2 The application to the employer must be in writing, include the nature, content and duration of the course to be attended, and should be provided with 14 days’ notice of the proposed training.

25.3 The granting of leave pursuant to this clause shall be subject to the employer being able to make adequate staffing arrangements amongst current employees during the period of such leave. The employer shall not use this subclause to avoid an obligation under this clause.

25.4 Leave of absence granted pursuant to this clause, shall count as service for all purposes of this Agreement.

25.5 Each employee on leave approved in accordance with this clause, shall be paid all ordinary time earnings. For the purpose of this subclause "ordinary time earnings" for an employee

means the classification rate, over‐award payment, superannuation and shift loading, which otherwise would have been payable.

25.6 All reasonable expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employer.

25.7 An employee is required to satisfy the employer of attendance at the course to qualify for payment of leave.

25.8 An employee granted leave pursuant to this clause shall, upon request, inform the employer of the nature of the course attended and their observations on it.

26. CONSULTATION BEFORE CHANGE

26.1 When the Company contemplates the introduction of major change for reasons of economic, technological, structural or similar nature, and where that change may have Significant Effects as defined in Clause 26.3 of the Agreement, the employer shall consult and communicate with the Executive and employees prior to a decision to introduce such change. Employees may be represented for the purposes of this consultation including by the Union.

26.2 In relation to the introduction of a change as described in clause 26.3, the Company shall:

Provide the AWU Site Executive in good time with relevant information about the nature of the intended change, the expected effects on employees and measures to avert or mitigate the adverse effects of such change.

Present to the AWU Site Executive, as early as possible, an opportunity for consultation on the method and timing of the change as well as giving prompt (and when requested, written) consideration to matters raised by employees.

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26.3 For the purpose of this clause, major change includes changes in production, organisation, work allocation, shift arrangements or technology that are likely to have significant effects on employees. Significant effects include termination of employment, major changes in the composition, operation or size of the workforce or skills level, change in job or promotion opportunities or job tenure, alteration of hours of work or income, needs for retraining, transfer or restructuring of jobs.

26.4 No implementation as contemplated by the parties pursuant to this clause shall take place until such time that genuine and proper consultation to the satisfaction of the parties has occurred.

26.5 The company shall provide information in languages other than English for employees of non-English speaking background.

27. INTRODUCTION OF NEW TECHNOLOGY AND CHANGE

27.1 Where new plant, equipment or methods are to be introduced, employees affected will be briefed and consulted at the earliest possible stage. Where any such changes involve the prospect of manpower reduction, employees involved will be consulted at the earliest opportunity and where practicable no less than six months before implementation of new work arrangements.

27.2 The payments in this Agreement include recognition and compensation for all new changes in technology, manning levels and associated work practices prescribed in the Agreement. Accordingly, new plant, equipment, methods and manning arrangements will be introduced, commissioned and operated without restriction or artificial constraint.

27.3 There shall be no further payments during the term of this Agreement unless it is agreed in recognition of Step-Out Change not envisaged by this Agreement. Should a Step-Out Change be agreed to by the OCC and the LCC, discussions on recognition of the change shall be instigated.

28. SUPERANNUATION

The company agrees to the payment of superannuation on performance based bonuses paid under the Company’s VPP, in line with BP policy, for all AWU employees. The effective date is 1st July 2008 in line with the change for staff personnel.

In the event that the Government increases the Superannuation Guarantee Amount currently at 9.25% the Company will ensure that any changes made to the method under which Staff are paid Superannuation will be mirrored in the way that Superannuation is paid to personnel covered by this Agreement.

29. DRUG AND ALCOHOL UNDERSTANDING

The following is an agreement between the Company and the AWU documented in a Memorandum of Understanding (See Appendix B) Application of the BPRK Drug and Alcohol procedure to AWU members. Description of Understanding: BP Refinery (Kwinana Pty) Ltd (the Company) acknowledges and accepts the AWU directive concerning the testing method to be used by members in the event they are required to complete a Drug and Alcohol Test consistent with the Company Drug and Alcohol Procedure (the Procedure).

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The AWU directive details that in the event an AWU member is required to complete a test – the member will only select saliva testing as a testing method for impairment of drugs. This approach delivers the AWU an outcome of members not participating in a urine testing regime, while at the same time the Company Procedure remains consistent across the refinery. The Company agrees that any future changes to the Procedure will not occur unilaterally. Instead any future changes will involve consultation with all key stakeholders including the AWU. In return, the AWU agrees that it will:

End the dispute with the Company concerning application of the Procedure;

Notify all members to fully participate in the implementation of the Procedure;

Continue to contribute to the Procedure via members on the Drug and Alcohol Procedure Steering Committee; and

All possible future issues the AWU may have with the Procedure shall be addressed through the Steering Committee, and not through any other form of dispute, grievance, or retraction of support for the Procedure.

30. COMPANY UNDERTAKINGS

The Company undertakes to its workforce that the following will be maintained for the life of this Agreement

current agreed rosters

appropriate levels of production, subject to normal fluctuation in the market.

plant that needs to be operated to maintain appropriate levels of production will remain in operation, subject to normal fluctuation in the market

agreed duties of the employee will be maintained and be consistent with the classification structure

the Company maintains levels of employees that will be able to cover any absences that don’t attract any leave

the Company will meet and maintain Occupational Health & Safety standards

the Company will work within Skills and Classification that have been agreed to

the Company will train employees to the level of the Agreement

the Company will ensure protection of the Environment

the Company will maintain the Ordinary Hours of work 35 per week on average

the Company will maintain Quality Control of the product

the Company will allow Rest Breaks between shifts of 10 Hours rest

the Company will maintain Annual Leave, in line with Company policy

the Company will provide employees with paid Carer’s Leave, in line with Company policy

the Company will provide employees with Compassionate Leave, in line with Company policy

the Company will provide employees with Parental Leave, in line with Company policy

the Company will provide employees with Jury Service Leave, in line with Company policy

the Company will allow employees time off work when they are taking Workers Compensation, in line with Company policy

the Company will provide employees with Sickness Leave, in line with Company policy

the Company will provide employees with Long Service Leave, in line with clause 15 (Long Service Leave)

the Company will allow the Holding of meetings and time off to do OH&S & Union Delegate duties

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31. ROLE OF UNION DELEGATES AND EMPLOYEE REPRESENTATIVES

The Employer recognises the role of Union delegates to represent Union members in employment matters. The Employer recognises that the Union has a legitimate interest in ensuring that delegates can properly perform such representative functions, including union meetings free from any unreasonable hindrance, interference or obstruction by any other party.

An employee appointed as an AWU Delegate shall be recognised as an accredited representative of the employees and shall be allowed, as and when agreed by both the employee and the Company, necessary time during working hours to carry out the role. Agreement will not be unreasonably withheld.

31.1 The Company will therefore at its absolute discretion grant Union delegates reasonable paid

time off work to:

(a) Consult and speak with Union members about matters relating to their employment such as a grievance or dispute.

(b) Consult and confer with Officials of the Union (c) Consult with the employer including participating in any consultation process set out

under this Agreement (d) Represent the interests of Union members to the employer and before industrial

tribunals and courts (e) Participate in the operation of the Union (f) Address new employees about the benefits of Union membership at an induction

meeting (g) Participate in any bargaining for an agreement to replace this Agreement.

31.2 The Company will provide notice boards in lunch room facilities and another prominent

location in the workplace which is accessible to all employees and allow the Union delegate to post Union notices and Union information on those notice boards.

31.3 Union members will be entitled to meet with their delegates on an as needs basis. 31.4 The employer shall provide the Union delegate with adequate resources to assist their duties,

including access to:

(a) Telephone in a private location or mobile phone; (b) Photocopying facilities; (c) Computer, internet and email;

31.5 The Company will respect the privacy of the delegate’s use of those facilities and will not monitor communications using those facilities.

31.6 If there are employee representatives at the workplace who are elected by employees, those

representatives will have the same rights as Union delegates under this clause and employees will have the same right to meet such employee representative on an as needs basis. Nothing

in this sub‐clause prevents a Union delegate also being elected as an employee

representative. 31.7 An employee assigned as a shift worker who becomes the Union Site President will be

transferred to dayshift upon request and without reduction of penalties or loadings, subject to there being a suitable position to be filled and with the approval of the Operations Manager. Wherever practical, Union activities should be arranged so as to cause minimal impact to the core duties of the day role being worked. The intent is to reduce the impact on the individual’s personal life, particularly during high volume meeting periods.

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32. UNION FEE DEDUCTIONS

An employee may authorise the employer to make a deduction from their after‐tax pay to pay

the employee’s Union fees. The employer must comply with that authorisation by paying the required amount to the Union.

33. DISCIPLINE AND PERFORMANCE ISSUES

The procedures for investigating and dealing with alleged underperformance and misconduct are attached to this document in Appendix C.

34. OCCUPATIONAL HEALTH AND SAFETY

Objectives

34.1 The parties to this Agreement are committed to continuous improvement in occupational health and safety standards through the implementation of an organisational framework, involving all parties in protecting workers' health and safety. A central aspect of this framework is the mutual agreement of employers and employees that if the job cannot be done safely, it must not be done at all.

34.2 In meeting these objectives, the parties have agreed to consider and implement a broad health and safety agenda through the consultative processes established by this Agreement. Such an agenda will include:

Measures designed to include the safe operation of plant and equipment and the safe (a)usage of substances;

Training issues including specific hazards, health and safety systems, and site (b)induction;

Management of occupational health and safety through an effective approach which (c)aims to eliminate hazards at their source and reduce the incidence of occupational injuries and illnesses.

34.3 The parties to this Agreement shall in addition to ensuring compliance with OHS legislation (including Regulations, Code of Practice and Industry Standards), implement the best achievable level of health and safety.

35. SAFETY CLOTHING

35.1 The Company shall provide and maintain all appropriate protective clothing and safety

equipment required in the workplace. No allowances shall be paid for the wearing of safety clothing.

35.2 Company clothing shall be replaced on an as need basis once the initial issue has

been made. 35.3 The onus will be on each employee to wear all protective clothing and safety

equipment as defined by the BP Safety Regulations or such policy as is determined by the Refinery Occupational Health & Safety Committee.

35.4 In all laboratories it is mandatory to wear safety glasses, full cover clothing and safety

footwear. When visiting process units appropriate PPE should be worn according to the unit guidelines.

35.5 The Company shall provide for hardened prescription glasses of the appropriate

standard.

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36. OHS CONSULTATION PROCESS

The Company has in place a Consultation Process that has worked up to date and the employee’s members of the AWU have supported this process. It is with this in mind that both parties are happy to allow this process to continue for the life of this Agreement.

37. OHS TRAINING

Employee OHS representatives will be given paid leave to attend initial OHS training course and refresher courses.

38. FLEXI/TOIL

In circumstances where an Employee is required to work additional hours to perform their duties this should be undertaken in accordance with the BP Australia “Time Off in Lieu Policy”. This requires that:

any TOIL/FLEX entitlement must be agreed between the Employee and their Manager in advance of the additional hours being worked.

Any accrued TOIL entitlement must be used by an Employee before accessing their annual leave entitlement.

In the event that the above guidelines have been followed and the Employee on termination is still owed a TOIL/FLEX leave balance, then that balance will be paid out to the Employee upon termination of their employment as part of the Employee’s final pay.

39. ABSENCE

An employee not attending for duty will, except in the case of an authorised absence, lose pay

for the actual time of such non‐attendance.

40. CONTRACTORS & SUPPLEMENTARY LABOUR

40.1 The parties are committed to maintaining and improving the job security of employees. 40.2 The company accepts that the union has a legitimate role to protect and improve the job

security of employees covered by this Agreement.

40.3 The parties accept that full‐time/permanent; in‐house employment will be the normal basis of

employment. The company is committed to maximising such full‐time / permanent

employment. 40.4 The parties recognise that use of contractors or labour hire to perform work of the type which

could be performed by employees covered by this Agreement, can affect the job security of those employees.

40.5 If the Company is considering the engagement of contractors or labour hire to perform work, which is the type of work which could be covered by this Agreement, the Company will notify and consult with the OCC and LCC regarding this matter. The consultation will focus on measures which could be implemented by the parties to increase the amount of the work which could be performed by employees covered by this Agreement. As part of the consultation process, the company will inform the OCC and LCC in writing of the company’s reason why it is considering engagement of contactors or labour hire, the identity of the proposed contactor or labour hire provider, the amount and type of work to be performed by the proposed contractor or labour hire workers, the number of contractors or labour hire workers and the duration of the expected engagement of the contractor or labour hire.

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41. COMPANY BONUS

41.1 Employees will participate in the VPP, with rewards equivalent to those

for Company Graded Staff Band J, payable to each employee who has been employed for a continuous period of twelve months.

41.2 The VPP for Operations and Laboratory Award employees includes:

From 2011, VPP bonus elements comprise 6.67% for achievement of business measures and 3.33% for achievement of team measures, at 100% rating of scorecard.

Business and individual performance rewards are subject to criteria as set by the scorecard and distributed at an equal percentage to all employees covered by this Agreement.

Business unit performance determines reward subject to six key measures as set by the business unit each year. The measures are detailed on the Business Unit Scorecard and accessed via the Kwinana Web Page.

Rewards are calculated as a percentage of annualised salary, as at 31st December of each year.

Minimum reward available each year is 2.25%

Payment for each year’s achievements shall be made as soon as practicable after the first pay period in March the following year.

41.3 Employees may direct VPP payments as Salaried Sacrificed Additional Voluntary

Contributions for superannuation purposes.

41.4 The company agrees to the payment of superannuation on performance based bonuses paid under the Company’s VPP, in line with BP policy, for all AWU employees.

42. FLEXIBLE REMUNERATION

The Company will offer Novated leasing for employees in accordance with Company policy. If the policy changes during the life of this Agreement the process for change will be in accordance with the requirement of the FW Act and if no agreement is reached the Flexible Remuneration will be unchanged.

43. PROCESS TESTING

43.1 Where and if required, Refinery Process Technicians shall perform such process

testing as is directly related to the execution of their principal role. 43.2 These tests shall be within the scope of a Process Technician’s competence, training

and currency and must abide by the established principles of SELL (Safe, Efficient, Legal and Logical).

43.3 Typically the technician time per test is less than 20 minutes. 43.4 The intent is that the performance of these tests will facilitate the completion of a

Process Technician’s operations function in the most efficient way possible. 43.5 Laboratory testing by Process Technicians is not intended to bring about the

replacement of disciplines usually responsible for the laboratory testing task, nor determine such tasks as established Process Technician duties. The role of Process Technicians in testing will be reviewed and discussed at the OCC during the term of this Agreement, with a view to recommending the most efficient way forward for the Refinery.

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43.6 Laboratory tests performed by Technicians will include, but not be limited to the following:

Density;

Colour;

TDS;

Drager; and

PH.

43.7 In general equipment used to facilitate such testing will be of the automated type to minimise the complexity and time required to carry out tests.

43.8 For more advanced tests the Company may purchase and install such equipment as

is necessary for the automatic analytical measurement of process variables. 43.9 Process Technicians accept that where this equipment is in place there may be, from

time to time, a requirement to perform additional testing to that described in Clause 43.6 either due to equipment verification or failure.

43.10 Examples of these advanced tests preformed by Technicians will include, but not be

limited to the following:

Flash;

Cloud; and

Freeze.

SCHEDULE A: OPERATIONS EMPLOYEES

44. MANNING REVIEW

44.1 A Manning Review (see Appendix D) has been prepared and accepted by the workforce during the period of the 2007 Operations Agreement between the parties. The Company is committed to its introduction up until the agreed hold point (when a decision will be made about the use of RTs on the site). A Management of Change (MoC) document will be prepared to ensure the smooth implementation of the Manning Review (the ‘Manning Review MoC’) , but it is not the intent of the parties that the implementation of the Manning Review will lead to any change in this Agreement. The Manning Review MoC will consider and where necessary incorporate relevant aspects of past MoCs, and will be prepared in conjunction with the OCC.

44.2 It is anticipated that the Manning Review MoC will result in a series of sequential changes to the manner in which Operations activities and manning are undertaken. As these sequential changes are implemented then past MoC’s that are relevant to that work area or activity will by mutual agreement be reviewed and replaced by the relevant sections of the Manning Review MoC.

44.3 Once the Manning Review MoC has been implemented in its entirety the Parties agree that all previous arrangements that exist outside the framework of this Agreement will be reviewed and the agreed outcomes into the Manning Review MoC, and this Agreement and the Manning Review MoC will be the sole documents that dictate how work is performed within the terms of this Agreement.

45. REMUNERATION

45.1 An annualised salary shall represent the total remuneration to be paid to an employee for

work performed during the hours reasonably prescribed for the performance of all tasks associated with the classification structure as outlined in clause 59 of this Agreement. As such, the employees' commitment shall be to the performance of the prescribed tasks and remuneration shall be based on these and not the time in attendance at the workplace. The salary shall comprehend all remuneration entitlements for all purposes.

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45.2 Remuneration shall be paid fortnightly by EFT into recognised financial institutions

nominated by the employee, one week in arrears and one week in advance.

45.3 It shall be a full discharge of the obligations and rights normally accruing from shift work to a shift worker from week to week to pay an annualised salary in equal fortnightly portions.

45.4 Day workers transferred to shift will be paid at a rate equivalent to the rate of pay applicable to a shift worker at the same grade for all hours worked on shift.

45.5 In the event of a failure in the banking system causing late lodgement of payment to an employee’s bank account, payment will be effected by cheque in accordance with arrangements made locally.

45.6 The pension factor for determining the value of pre 1992 service will be 90% for employees.

45.7 Appendix E is an extract from the BP Oil (Kwinana) Refinery Operations Employees Award 1992 – AWU Appendix 2 on annualised salaries. This extract is included in this Agreement for historical purposes only to show how the annualised salary was originally calculated. Appendix E is not to be used in this Agreement to determine remuneration.

46. EXTENDED HOURS MANAGEMENT STRATEGY

46.1 Where cover is required in line with this Agreement it shall be provided by shift workers

rostered off. To facilitate this, each shift team shall draw up a roster showing both availability and contact details of those providing any coverage. This roster shall be administered by the SM and shall operate subject to the approval of the OCC.

46.2 It is envisaged that the operators shall devise and run a system that ensures the needs of the business and the employees are met. As such, all members of a shift team are required to

work reasonable flexi‐time. An employee can claim to be unavailable for flexi‐time without

recrimination, but this right is not to be abused. It is the responsibility of the Executive, in conjunction with the SM, to address issues related to continual unavailability for

flexi‐time with the purpose of ensuring the flexi‐time load is shared across all areas and

individuals.

46.3 In order to allow the extended hours to be managed fairly it is expected that only those hours that fall outside of an individual’s agreed weekly hours shall be recorded in any agreed coverage roster.

46.4 With the approval of the shift team, operations personnel attending meetings whilst rostered on shall not require coverage, provided they are available to attend the plant if necessary.

46.5 Where an individual is nominated on a VERT call out roster, at the same time as a shift coverage roster, priority must be given to any plant coverage required and arrangements made to cover any shortfall in the VERT team that may arise from this event.

47. COMPANY INITIATED HOURS

47.1 It is not the Company’s intention to artificially increase the extended hours worked through

company‐initiated hours. Where Company initiated hours are required (e.g. an extra person

on the panel), the SM concerned will be consulted with a view to minimising the impact on the workforce.

47.2 Company initiated hours are limited to only production requirements.

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48. FLEXI-TIME AGREEMENT & APPLICATION

48.1 It is the intent of both Parties that wherever possible hours of work will be maintained within

the 35 hour week. Flexi‐time hours will be accurately recorded and will be reviewed by the

OCC on a regular basis. The intent of both Parties is for the amount of Flexi‐time worked to

be minimised. Flexi hours will be reviewed once every 8 week period, preferably the week before each SM Meeting. Access to leave data (including flexi) must be given to Executive.

48.2 Any absence other than those covered by spares, and where coverage is deemed necessary

by the SM will be covered using Flexi‐time. All absences that result in the accrual of Flexi‐time

must be approved in writing by the SM.

48.3 In the event that a spare is used from another shift or the same shift to cover an employee in

the above circumstances no Flexi‐time will accrue. Flexi‐time will accrue if coverage is

required from a shift that is not ‘on‐call’.

48.4 This Agreement is made on the basis of historical personal leave data and acknowledges

previous pay rises awarded for the incorporation of an overtime payment into an annualised

salary. In the event there is a significant increase in site‐wide personal leave levels over and

above the historical level both Parties reserve the right to request the company to review the application of this clause.

49. RULES FOR FLEXI-TIME

49.1 The purpose of these rules is to ensure consistent application of Flexi‐time across all shifts

and all work groups.

49.2 All employees must make themselves available to work Flexi‐time and these rules have been

developed to ensure all employees are made accountable to the Agreement and all

employees do their fair share of Flexi‐time.

49.3 100% shift attendance is necessary from a compliance perspective and the Union or the

Company will not tolerate running short on a shift. If a workgroup wishes to produce an alternate system to this default, a large majority of the workgroup (at least 80%) and the relevant SM will have to be in agreement with the alternate system, otherwise the default prevails.

Rules are as follows: ‐

(a) All employees are required to accurately record Flexi‐time hours worked. To assist in

the standardisation of this process a single consistent application approved by OCC will be used to record dates and hours worked.

(b) All employees who are currently on annualised salary under the EBA are contracted to

work Flexi‐time. The only exemptions permitted will be on medical grounds and

anyone that is on Annual leave and/or Long Service leave. The exemption for leave will apply from the time the employee completes their last shift to the time the employee starts back on the first shift after their leave. Where such leave arrangements will create a shortage of skills available for the cover period, the workgroups will provide an alternative arrangement, such as an adjustment of the leave exemption period or cover from another shift.

(c) All Flexi‐time hours must be recorded against the employee working the Flexi‐time

and appropriately applied to the manning and call out sheet. This list with

accumulated Flexi‐time hours will be updated by the SM. Workgroups (Shift and

Area) may provide final definition to the systems used to record and manage call‐out

lists.

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(d) If there is a delay in getting coverage for Flexi‐time due to the employee coming in

being given insufficient notice, the employee waiting for the relief (or anyone else that can make themselves available) must continue covering the position until relieved. A maximum shift of 16 hours applies. After 16 hours of continuous work, the employee must finish his or her shift after notifying the STL and/or SM. If

Flexi‐time coverage still hasn’t been arranged, and as a result the shift runs short,

both the SM and the Executive must be notified of the non‐compliance.

Any operator required to remain working due to a created absence, will have that time

recorded as Flexi‐time.

(e) Once it is known that Flexi‐time is required, the shift seeking the coverage must

phone the employees on the shift that is on‐call. The employee with the least hours

recorded for Flexi‐time and that provides the workgroup with the necessary skill sets

will be called first. This is not to be left to the last minute and if the call is answered by a message service, a message must be left for the employee to respond to. It is expected that the employee will respond as soon as possible once a message has been left. The shift seeking the coverage must then continue to call the next operator

with the least amount of hours recorded as Flexi‐time. If the entire shift that is on‐call

results in refusals and non‐answers, then the employees on the shift that is NOT on

call will be called as a last resort.

(f) It is in the Parties best interest to see call‐out coverage evenly shared across

individuals rostered on shift. To this end, call out response will be monitored by the OCC to ensure that any issues that may arise are addressed. Individuals who repeatedly fail to fulfil their requirements may be subject to disciplinary processes.

50. TURNAROUND LEADS

50.1 The Parties acknowledge that Turnarounds impose specific demands on the organisation,

and that these demands are most efficiently met by designating one or more Turnaround leads for specific events.

50.2 During the planning period for a Turnaround, the leads will not generally be expected to work excessive amounts of hours over and above the 35 hour week. They will nominally be released to work 35 hour weeks with the Turnaround teams and, where necessary and available or possible, extra resources will be allocated to the teams to prevent excessive hours from being worked during these planning phases. Any requirement to work above a 35 hour week will be subject to SM approval and OCC review.

50.3 The Parties further acknowledge that, in spite of their shared commitment to reducing excessive hours being worked by individuals, Turnaround leads may work a significant amount of time in excess of the normal 35 hour week during a Turnaround event.

50.4 In recognition of these facts and in the best interests of the Turnaround lead and the business, the Parties will ensure that the Turnaround lead is released for a full round beyond the end of the event to ensure that the 48 hours of Flexi‐time accrued during the Turnaround

can be taken immediately, to aid in the recuperation of the individual from the event.

50.5 All endeavours will be made to release Turnaround leads via the application of business needs spares and to not compromise feasible manning sheet principles.

50.6 The parties may agree to apply this same arrangement to other periods of high intensity work.

51. TAKING OF ANNUAL LEAVE, LONG SERVICE LEAVE AND FLEXI TIME

51.1 Continuous shift workers accrue 200 hours after each twelve months of continuing service.

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Employees shall receive a leave loading as a component of their annualised salary for such periods of leave.

51.2 The AWU and the Company, with the employees, are committed to reducing the backlog of

annual and long service leave together with the accumulated Flexi‐time.

51.3 To this end, the Parties should endeavour to ensure that employees have no more than 400

hours of annual leave (280 hours for day workers), 520 hours of long service leave (455 hours

for day workers) and no more than forty‐eight hours of accrued flexi‐time.

51.4 Any employee that has excess of the hours mentioned in clause 51.3 may be

required by management to arrange for the hours to be reduced to the maximum allowable in each area of leave or flexi‐time.

51.5 Wherever possible, agreements should be reached with the effected employee, as to when

the leave or flexi-time should be taken. In the absence of agreement of when the time will be taken, to reduce the hours, the Company will give the employee a minimum of four weeks’ notice to make arrangements to take the leave. If, after a 4 week period, the employee has not made arrangements to take the accrued leave the SM can direct the employee when the leave is to be taken. The employee will have the right if he or she feels the SM is being unreasonable to have the matter resolved under the disputes procedure.

52. IMPLEMENTATION AND REVIEW

52.1 The Company commits to meeting with the AWU Site Executive to maintain an Operations

Consultative Committee (OCC) that will meet every 8 weeks or an as needs basis for general communication and feedback of site related issues.

52.2 These regular meetings, involving both Executive and Company representatives, are to monitor and review this Agreement, to ensure the Agreement is meeting its objectives, and to discuss any matters that may arise. Where deemed necessary, the OCC may also appoint

sub‐groups to examine particular issues.

52.3 The OCC, in conjunction with the LCC, will formally monitor the implementation of this

Agreement, including issues surrounding progress of restructuring, and will also investigate circumstances, which arise during the implementation, which were not envisaged at the time of this Agreement.

52.4 Changes to this Agreement will only be implemented in line with the FW Act.

52.5 The Company will review, with the Executive as required, the actual hours worked across the site compared with those hours contemplated in the salary.

52.6 The Company also commits to monitoring, within each workgroup, and to reviewing at the OCC, the actual hours worked in the area. This monitoring should occur at least every three

months and more frequently should significantly high levels of Flexi‐time hours worked

become apparent or as area manning levels change as a result of this Agreement.

52.7 The Company will work with each of the work areas to minimise the need for additional

hours to be worked through improved communication, planning and co‐ordination. Particular

attention will be paid to areas where the hours worked are significantly above the average for the whole site.

53. PROCESS MAINTENANCE

53.1 If required, Process Technicians shall perform minor maintenance tasks directly related to

the execution of their principal role. These tasks shall be within the scope of a Process Technician’s Skills, Competence, and Training.

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53.2 The intent is that the performance of these maintenance tasks will facilitate the completion

of a Process Technician’s function in the most efficient way possible.

53.3 All tasks need to be assessed on a case‐by‐case basis to ensure that excessive risks are not

taken, in accordance with the SELL principle.

53.4 For the purpose of this Agreement, maintenance work associated with this part of a Process Technician’s role would be incidental to the primary operating task. It is not intended to bring about the replacement of trade disciplines usually responsible for the task, nor determine such tasks as established Process Technician duties. Note: Process Technicians shall not perform such tasks where equipment is connected to HF Acid services.

53.5 Work performed by Process Technicians will include, but not be limited to the following

indicative tasks:

Changing Pressure Gauges;

Removing/replacing plugs and caps;

Adjusting Gland packing;

Swinging Spades/Blanks (4” 150 or smaller);

Connecting Chemical Drums;

Suction Strainer Cleaning;

Filter element changing;

Equalising DP Cells;

Driving of vehicles;

Driving of fork lifts;

Pilot burner cleaning;

Connecting/disconnecting of flexible hoses;

Changing Rototherms;

Connection of services (air, water, N2 etc.);

General housekeeping duties; and,

Connection and use of test pumps.

54. TRAINING

Training will be provided to enable flexibility for coverage within work areas. Wherever possible training will occur within rostered hours, thus minimizing the requirement for resulting cover. In the event that training cannot be arranged within roster Flexi‐time will apply.

The Company is committed to developing and staffing a training department, thus ensuring that the employees have the necessary back up support to maintain a safe Refinery. The Company will continue to provide training to ensure that employees maintain the level of skills needed to maintain a safe Refinery. Training will at all times be the responsibility of the Management at the refinery. In this Agreement the company has the opportunity to do as little or as much training as the company determines. It is the expectation of the AWU and the workforce that training will be designed and delivered that meets all the requirements of running a refinery and all of the expectation of the workforce.

55. TRAINING AND MAKE‐UP HOURS

55.1 Under the 5 shift roster working arrangements, a deficit of 1.4 hours per week (73 hours per annum) accrues. In recognition of handover time at the beginning and end of each shift, and the on shift use of the VTA system, the number of make-up hours has been reduced to 40 hours per year. This accrual of hours creates the requirement for all shift personnel to attend compulsory make-up days, as with any other rostered day, and meet the requirements of shift

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handover. A make-up day roster, allocating the time to training, will be created in advance for each calendar year to:

(a) Comply with the requirements to work a 35 hour week;

(b) Maintain a safe, fully trained ERG who is conversant with all equipment and receives the ongoing BA training required under relevant health and safety legislation and regulations.

55.2 Notice must be given for any absence from a rostered training day as with any other absence (i.e. telephone notification and the recording in the SM log). It is highly preferable for individuals to attend make-up day training with their own shift teams to enhance shift teamwork and minimise impacts on training scheduling. However, it may be possible to attend training on an alternate shift’s rostered training day, where an employee has reasonable cause for being unable to attend his/her own rostered day. This option requires compliance with the shift change process and notification to the relevant SM. Failure to attend training days, without justification and prior notification will be addressed in the same manner as similar absence from any other rostered shift, (i.e. counselling procedure).

55.3 Make-up days may be included as annual and long service leave when falling within a rostered round of shifts booked for leave, recognising that it is possible that core training may need to be completed at another mutually agreed time. Single day leave on rostered make-up days will not be granted.

55.4 The make-up day roster, as per clause 55.1, will nominally consist of five days of eight hours duration. Variations to the make-up day roster will be made in consultation with employees and will be posted as rostered days by 31 January for the current year.

55.5 The onus is on each employee to complete 40 make-up hours per year. Adjustments to an individual’s running total may be made for:

(a) Assigned day work over rostered training periods;

(b) Sick leave; and/or

(c) Long service leave or annual leave as described above at clause 55.3.

Failure to meet the 40 hours per year rostered make-up days for other reasons will result in an adjustment of time off in lieu balance at year end.

55.6 In recognition of extended training time requests from the company during the 2010 Agreement, an additional 24 hours may be scheduled. These days will be scheduled if they are required to meet the base training requirements relevant to induction and safety, core knowledge and competency, and applicable to category structure classifications. Where practical (eg short duration training), on shift training should be preferred method of delivery. The need to utilise additional training hours will be raised at OCC and training will be scheduled once approved by OCC. Alternative arrangements must be made to complete the training if attendance at the scheduled training day (or on shift) is not possible. Time off in lieu will be credited once any additional training days have been completed.

55.7 Outside of the rostered make-up training dates and any other training dates as set out in clause 55.6, only courses with approval by the relevant SM will accrue make-up hours. That is, people electing to participate in courses for their individual personal development will not necessarily be credited training hours. However Flexi-time may be accrued if agreed with the SM.

55.8 If a training day is cancelled after arrival at the Refinery, alternate training or mutually agreed tasks may be offered on the day. There may be an option of attending the cancelled course at a later date.

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56. ADMINISTRATIVE TASKS

As part of the operator’s duties, there is normal administration of logs, manuals, procedures and other plant information required by the Company subject to the provisions of Training. These administrative tasks will be completed in appropriate detail and in a timely fashion.

57. REFINERY STAFFING STRUCTURE

57.1 It is the intention of all of the Parties that in regard to the current manned shift positions as

recorded at Clause 58.1 or the current defined areas of responsibilities as recorded at Clause 58.9 and duties Clause 59 there will be no changes.

57.2 Should the Parties to this Agreement agree within the processes outlined in this Agreement to any changes, then the following clauses apply.

57.2.1 Any new structure may require some employees to undertake training programs and

obtain additional skills and responsibilities.

57.2.2 Employees that work in areas affected by such changes may need to enter into training programs on a voluntary basis to enable the Company to achieve maximum productivity from these affected employees.

57.2.3 The Company has agreed that for its part that no employee should suffer a reduction on earnings as a result of these changes.

57.2.4 The following principles will apply to all affected employees having to undergo new training programs for new skills acquisition.

57.2.5 Any affected employee under this clause 57 will retain his or her current classification level together with any increase provided by the Agreement.

57.2.6 Employees entering new training programs will be entitled to receive current and future wage increases consistent with their classification level, providing the employee is genuinely working towards full accreditation of the new skills.

57.2.7 Previous skills held will continue to be recognised providing those skills are required. In the case of any area affected by staffing review changes, including the Lube Oil Control position, the Company will still recognise the skills held by the employee while the employee is in training for the new skills.

57.2.8 In the event of an employee electing not to undertake training programs that employee will retain his or her current level of remuneration. However future agreement increases will not be paid until the skills held and used equate to the lower classification equivalent to the skills held by that lower classification.

57.2.9 For example, an employee is skilled in four jobs in his area and two jobs are made redundant. The employee retains payment for the four jobs held in the area but no future wage increases will apply until other employees with two skills in the area have obtained the same remuneration as the employee electing not to undertake the training program. The end result is that employees would then be paid for the same remuneration for the same or similar two skills.

58. TECHNICIAN CATEGORY STRUCTURE

58.1 Staffing Level recognised as at the commencement date of this Agreement.

Number of Employees

Classification of Employees Staff or Award Status

15 STLs Staff

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121 Shift Technicians Award 4 Shift Technicians in

Learning and Development

Award

58.2 Consistent with Clause 57, the OCC will undertake Refinery staffing reviews and as a result of

those reviews, application may be made by the Parties to vary the numbers above if required.

58.3 During the term of this Agreement, the parties commit to actively engaging in a process to review the current Category Structure to adapt it to current business needs and to enhance career development paths to the workforce. As a minimum this review should cover:

Ability to increase overall breadth of competencies;

Incentive to develop full competency within given asset;

Establishment of adequate differentials between categories to support career path and critical competencies such as Board and D-STL; and

Consideration for introduction of Trades incentives for specialties such as, but not limited to, Instrumentation and Electrical.

Creation of a new category level for OT’s and CT’s who are certified to operate 4 outside positions (e.g. OT6, CT2B) within their Asset should be a desired outcome for both parties. Further options should correct recognised imbalances for CT1 and differentiation for solo CT1. The possibility of recognising selected trade incentive should be developed as well either as part of the overall category structure review or as stand-alone development.

58.4 It is not the intention of this Agreement to utilise the SELL principle (demarcation free site), additional STL numbers or casual employees to either achieve or further reduce the numbers of operations personnel, contained in the above table. The Company may, however, seek to engage additional relevant resources, from within the BP group, for periods of high workload beyond that normally performed by operations personnel on existing plant. Engagement of additional resources shall only occur after discussion, recognising that mutual benefits such as training opportunities, job interest and personnel development are often obtainable. Where additional time is accrued as a result of taking on the workload, the offer of additional resources shall be factored in to calculations should a dispute arise regarding excessive hours.

58.5 A recruitment process shall commence immediately when employee numbers fall two (2) or more below the numbers listed in clause 58.1 (as amended by Refinery Staffing Reviews from time to time). Where numbers are one (1) below those listed in clause 58.1 no recruitment shall be necessary provided that flexibility exists within the Operations numbers to accommodate such an absence.

58.6 Both Parties agree to conduct a review within the auspices of the OCC examining the optimal structure for shift leadership. The role of STLs and SMs will form part of the review, which will not be otherwise limited in scope, and will be complete during the term of this Agreement. STL shall be qualified and competent to perform all assigned tasks.

58.7 Operations Technician Category Structure Progression through the OT category structure is via a combination of training and certification in areas of expertise and appointment. To achieve any classification, an OT must both know and be willing to perform all duties associated with the positions for which he/she is accredited. Technicians are required to maintain unit competency to maintain the classification level

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2014 Agreement Operations Technician Category Structure

Classification Requirement

Trainee Requirements outlined in this agreement OT 1 1 Area of Expertise OT 2 1 Manned Position OT 3 1 Manned Position + 1 Area of Expertise OT 4 2 Manned Positions OT5 Requirements as outlined in this agreement +

Company Appointment CT 1 OT4 + Company Appointment CT 1A OT5 + Company Appointment CT 2 CT1 + Assessment CT 2A CT1A + Assessment CT3 CT2 + Company Appointment CT3A CT2A + Company Appointment DSTL Company Appointment STL Company Appointment

Note: All manned positions and areas of expertise required shall be prescribed by the relevant SM.

58.8 Rules of Progression

The following rules guide progression through the category structure: (a) From Trainee to OT4 is by natural progression with no limitations or restrictions. (It is

expected that all OT shall train to this level.)

(b) From OT 4 to OT5 is by satisfying the additional requirements contained within clause 59 in consultation with relevant SM

(c) From OT classification to CT1 classification, progression is via Company appointment. The CT1 classification is a development position for CTs. (No limitations are to be placed on CT numbers)

(d) Progression from CT1 to CT2 is via an assessment process. Failure to achieve CT2 classification within a period of two years may result in an individual reverting to their original OT classification.

(e) CT3 classification is via Company appointment.

58.9 Current Defined Areas of Responsibility / Manned Shift Positions:

Staffing level anticipated at the conclusion of the implementation of the Manning Review. Treatments Complex

VDU2 Bitumen / Lubes Intertankage LPG / Flares / WWTP Walkthrough HYDY3 HYDY2 SGA

Treatments Complex (Refinery Technician only)

WWTP Centrifuge

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Cracker Complex Converter / COB SRU1 / SRU2 CPU / PPU2 Gas Recovery Unit / RCU Intertankage

Crudes Complex CDU2 Regasser / Intertankage / Blending Station CDU1 PPU1 / Merox

Mogas Complex Isom / Rerun CR3 / Mogas Intertankage Alky / PPU3 / HI

Offsites Complex Black Oil / Lubes Slab White Oil / Pipelines CWPH Jetties

*North Asset (Treatments & Cracker)

AAA North

*South Asset (Mogas & Crudes)

AAA South

*Offsites Asset AAA Offsites

* Area Authority Assistant (AAA) roles to transition to staff during the term of the Agreement

58.10 Shift positions anticipated at the conclusion of the implementation of the Manning Review.

Cracker

Converter / COB ; SRU 1&2

CPU / PPU2 ; Gas Recovery Unit / RCU Intertankage

Control Technician Cracking Treatments

VDU2 ; Bitumen / Lubes Intertankage ; LPG / Flares (WWTP walkthrough)

Hydy2 ; Hydy3 ; SGA

WWTP ; Centrifuge (Refinery Technician)

Control Technician Treatments North (Cracker & Treatments)

Refinery Technician North (subject to final endorsement ‐ see clause 44.1)

Offsites

Black Oil / Lube Slab ; Jetties*; CWPH

White Oil / Pipelines

Control Technician Movements

Control Technician Offsites

Refinery Technician Offsites

*Note: Jetties are out‐sourced and not normally manned by technicians working within this structure. However, a working knowledge of the area is required to enable technicians to fulfil remaining duties.

Crudes

CDU1 ; PPU1/ Merox

CDU2 ; Regasser / Intertankage / Blending Station

Control Technician Crudes

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Mogas

CR3 / Mogas Intertankage ; ISOM / Rerun

Alky / PPU3 / HI

Control Technician Mogas

South (Mogas & Crudes)

Refinery Technician South (subject to final endorsement ‐ see clause 44.1)

59. ROLES AND RESPONSIBILITIES FOR OPERATIONS PERSONNEL UNDER NEW STRUCTURE

Operations Technicians

Trainee

An employee who has been selected to be an OT, on shift and train to the minimum qualification of OT4. Responsibilities:

Successfully complete initial briefing and orientation.

Complete and demonstrate competence in operations skills as prescribed by Operations Training Coordinator. Typical examples of requisite skills are:

Basic process skills;

Basic laboratory skills;

Process maintenance;

Permit and Tagging procedures;

Gas testing (combustibles, contaminants);

Safety regulations; and

Fire/Emergency Response Training.

Note: This list is not intended to be either exclusive or exhaustive of any course content.

Operations Technician 1 (OT1)

An OT, under the guidance and direction of an STL, who is qualified, capable and willing to perform safely and efficiently all duties associated

with one defined, non‐control, area of expertise.

Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and

effective operation. Must be able to shutdown, start‐up and perform

satisfactorily in other non‐routine unit responsibilities.

Duties and Responsibilities:

Liaises with the STLs and/or CTs, on all aspects of unit control, maximises yields and minimises losses within equipment constraints and

product specifications.

Performs process monitoring, sampling and simple laboratory testing as required.

Performs minor maintenance tasks as necessary to complete the whole job where trained and competent.

Ensures operating procedures are followed as required.

Participates in the ERG in a Frontline or OFA role, in accordance with the requirements in this Agreement.

Attends training as per agreed roster.

Raises work requests.

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An OT, under the guidance and direction of an STL, who is qualified, capable and willing to perform safely and efficiently all duties associated with one manned position. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent

with safe and effective operation. Must be able to shutdown, start‐up and

perform satisfactorily in other non‐routine unit responsibilities.

Duties and Responsibilities ‐ as Per OT1 with the addition of:

Ensures flexi‐time coverage via participation in shift coverage

rosters.

Participates in the training of other OTs and Trainees with commensurate knowledge, ability and experience.

Ensures operating procedures are accurate, followed and modified as required.

Fulfils all duties as described for an Issuing Authority in the Control of Work – Roles and Accountabilities procedure with the exception of;

signing for work, under the risk matrix, with High or greater risk value

Attending Task Risk Assessments as sole Operations representative

Creating Isolation Plans unless they are peer checked or produced in conjunction with an OT4 or higher.


An OT, under the guidance and direction of an STL, who is qualified, capable and willing to perform safely and efficiently all duties associated

with one manned position and one additional defined, non‐control area of

expertise. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and


satisfactorily in other non‐routine unit responsibilities.

Duties and Responsibilities ‐ as Per OT2.


An OT, under the guidance and direction of an STL, who is qualified, capable and willing to perform safely and efficiently all duties associated with two manned positions. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent

with safe and effective operation. Must be able to shutdown, start‐up and

perform satisfactorily in other non‐routine unit responsibilities.

Duties and Responsibilities ‐ as Per OT2 with the addition of:

Assists the STL with the assessment of OT competencies for category structure progression and recertification.

Signs for all risk categories as an Issuing Authority

Attends Risk Assessments as required.

Creates new Isolation Plans

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An OT under the guidance and direction of an STL who is qualified, capable and willing to perform safely and efficiently all duties associated with one entire complex and an additional requirement as outlined there. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and


satisfactorily in other non-routine unit responsibilities.

Additional Requirements for OT5:

Complex OT4 Requirement Additional Requirement for OT5

Treatments 2 manned positions (not including WWTP)

Additional manned position Offsites, WWTP, Cracker, Crudes or Mogas

Cracker 2 manned positions Additional manned position Offsites, WWTP, Treatments, Crudes or Mogas

Offsites 2 manned positions Additional manned position Treatments, WWTP, Cracker, Crudes or Mogas

Mogas 2 manned positions Additional manned position Crudes, Cracker, WWTP, Treatments or Offsites

Crudes 2 manned positions Additional manned position Mogas, Cracker, WWTP, Treatments or Offsites

Duties and Responsibilities – as Per OT4

Additional Requirements for WWTP RT Grading’s

OT1 WWTP

OT2 + Centrifuge

OT3 + Area of Responsibility Treatments or Cracker or Crudes or Mogas or Offsites

OT4 + Manned Area in Treatments or Cracker or Crudes or Mogas or Offsites

OT5 + Other Manned Area in Treatments or Cracker or Crudes or Mogas or Offsites

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Control Technicians Control Technician 1 (CT1)

An employee who meets all criteria of an OT 4 and has been selected to be a CT and train to the minimum qualification of a CT2 under the guidance and direction of a CT 2, 2A, 3 or 3A. There will be a minimum of two CTs per shift per control panel. There will be no maximum number applied to CT positions; however, all appointments shall be at the discretion of the Company. It is expected that a person would progress from CT 1 to CT 2 within a period of two (2) years. Should the employee not have met the requirements for appointment to CT 2, he/she may be reverted to the appropriate OT grade at the discretion of the Company. Operational Duties and Responsibilities ‐ as Per OT4. Control Duties and Responsibilities: Under the supervision of a Control Technician 2, 2A, 3 or 3A a CT 1 shall.

Frequently monitor all process control loops.

Initiate Emergency Procedures, including ESD’s and Safe Park’s, to safely shutdown units as and when required.

Anticipate changes to unit conditions by accurate interpretation of trending and history data.

Direct the focus of OTs with his/her awareness of plant performance.

Identify and communicate system faults/alarms to appropriate personnel.

Initiate and co‐ordinate response to major process upsets in consultation

with the STL and Production.

Inform other areas of possible impacts of changes to processes.

Optimise unit as per production plan requirements.

Maintain processes within safe operating limits and not expose the team to unnecessary risks.

Assists the STL with the assessment of OT competencies for category structure progression and recertification.

Control Technician 1A (CT1A)

An employee who meets all criteria of an OT 5 and has been selected to be a CT and train to the minimum qualification of a CT 2A under the guidance and direction of a CT 2, 2A, 3 or 3A. It is expected that a person would progress from CT 1A to CT 2A within a period of two (2) years. Should the employee not have met the requirements for appointment to CT 2A, he/she may be reverted to the appropriate OT grade at the discretion of the Company. Duties and Responsibilities ‐ as Per CT1.

Control Technician 2 (CT2)

A CT who meets all criteria of an OT 4 and who takes full responsibility for operating the control system of an operating complex and is accountable for implementing all operating programs and optimising unit performance using distributed control systems and advanced control system optimisers. Duties and Responsibilities ‐ as Per CT1.


A CT who meets all criteria of an OT 5 and who takes full responsibility for operating the control system of an operating complex and is accountable for implementing all operating programs and optimising unit performance using

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distributed control systems and advanced control system optimisers. Duties and Responsibilities ‐ as Per CT1.

Control Technician 3 (CT3)

This is an advancement position for a CT 2 who is recognised as possessing a high level of skill and experience that contributes to the execution and development of all aspects of the performance, application and function of operating systems and CTs in their complex. Appointment to the position of CT 3 shall be at the discretion of the Company. Duties and Responsibilities: In addition to the Duties and Responsibilities of a CT1, a CT3 shall also:

Ensures all changes to control systems are communicated to the other CTs on their panel and shift.

Assists the STL with the assessment of Control and Operations Technician competencies for category structure progression and recertification.

Liaises with Applications and CTs in the development and maintenance of the process control interface.

Participates in the continuous improvement of process control philosophies in order to maximise returns and minimise loss.


This is an advancement position for a CT 2 who meets all criteria of an OT 5 and is recognised as possessing a high level of skill and experience that contributes to the execution and development of all aspects of the performance, application and function of operating systems and CTs in their complex. Appointment to the position of CT 3A shall be at the discretion of the Company.

Duties and Responsibilities ‐ as Per CT3.

Refinery Technicians (RT)

These positions are filled from within each shift team on a rotating basis. Technicians rostered into the RT role remain as part of the shift team and

they remain aligned to the shift team with regard to annual leave and flexi‐time

rosters. The RT shift roster requires technicians to work four successive day shifts, each of 12 hours, commencing from the first day shift of each shift team. Due to this roster there would normally be two RTs on any Monday to Friday day shift. On

weekends and public holidays, to provide flexibility in regard to the control of flexi‐time levels and leave backlogs, additional leave reliefs may be rostered off, subject to area workload and conditions set by the OCC. Cover may also be provided by this position for long term sickness, special projects and other use where agreed within the area workgroup and approved by the OCC. Duties and Responsibilities:

Perform area team functions, including ERG duties, under the direction of the STL and AA.

Responsible for the preparation and isolation of equipment for maintenance, including signing of permits.

Performs gas testing, as required by permit conditions.

Responsible for the recommissioning of equipment according to Refinery procedures and area operational requirements.

Performs regular area routines such as equipment rotation and testing of stand‐by equipment as per schedules.

Assists the AA in preparation of work scheduling in consultation with

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production planning and shift teams.

Deputy Shift Team Leader (DSTL)

This is an advancement position for a CT or OT who can perform the function of the STL. Vacancies will be filled by appointment by the Company. For each Area (North,South or Offsites) there will be at least one appointed DSTL per shift, but there is no restriction to total numbers. Duties and Responsibilities: In addition to those duties and responsibilities that relate to an employee’s current grading, a DSTL shall:

Ensures a safe working environment by upholding Refinery standards and investigating all incidents, following up on actions and communicating lessons learned.

Maintains environmental standards by ensuring the plant is always operating within license conditions.

Ensure production plans are met or deviations identified for throughput yields and quality by focusing the team on production targets and identifying and utilising the resources as required. Contributes to optimisation of the whole Refinery by identifying and challenging constraints and encouraging new ways to add value.

Contributes to the maintenance of the plant by ensuring accurate and timely recording of faults, initiation of emergency repairs, equipment is released and returned to service in a timely manner, advice is provided to AA on production impacts and minor maintenance/routines are carried out.

Maintains plant integrity standards by ensuring team members are aware of their responsibilities and relevant limits and operate within the set limits.

Ensures that impacts of the asset are effectively communicated both within the asset and to all affected parties inside and outside the Refinery.

Ensures emergency response capability of the shift team is of a high standard by maintaining sufficiently trained and highly skilled emergency response numbers on shift at all times, and provide effective leadership in the event of an emergency.

By relieving the STL but the STL is responsible for the overall shift operation and performance of the asset. That is by leading the shift team in managing work, setting objectives to achieve organisation goals, encouraging individual team members to maximise their contribution, managing the resources the team has under its control, maintaining and fostering behaviours that lead to safe working practices and a safe, environmentally acceptable workplace and providing a balance of effective leadership and management practices to enable successful team performance.

Shift Team Leader (STL)

The STL is responsible for the overall shift operation and performance of the asset. This is achieved by leading the shift team in managing work, setting objectives to achieve organisation goals, encouraging individual team members to maximise their contribution, managing the resources the team has under its control, maintaining and fostering behaviours that lead to safe working practices and a safe, environmentally acceptable workplace and providing a balance of effective leadership and management practices to enable successful team performance. The STL will ensure all business needs and responsibilities of the shift team are carried out, in a “hands on” role as required. To facilitate this “hands on” role and to allow team flexibility and/or coverage, an STL shall remain qualified, capable and willing to perform safely and efficiently, all duties associated with at least one manned position within their shift team.

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Vacancies will be filled by appointment by the Company. Operational Duties and Responsibilities: ‐ as Per OT4. Team Leader Duties and Responsibilities:

Maximises team effectiveness through efficient utilisation of team resources by ensuring relevant competencies are developed and maintained within the team.

Ensures a safe working environment by upholding Refinery standards and investigating all incidents, following up on actions and communicating lessons learned.

Maintains environmental standards by ensuring the plant is always operating within license conditions.

Ensure production plans are met or deviations identified for throughput yields and quality by focussing the team on production targets and identifying and utilising the resources as required. Contributes to optimisation of the whole Refinery by identifying and challenging constraints and encouraging new ways to add value.

Contributes to the maintenance of the plant by ensuring accurate and timely recording of faults, initiation of emergency repairs, equipment is released and returned to service in a timely manner, advice is provided to AA on production impacts and minor maintenance/routines are carried out.

Maintains plant integrity standards by ensuring team members are aware of their responsibilities and relevant limits and operate within the set limits.

Ensures that impacts of the asset are effectively communicated both within the asset and to all affected parties inside and outside the Refinery.

Ensures emergency response capability of the shift team is of a high standard by maintaining sufficiently trained and highly skilled emergency response numbers on shift at all times, and provide effective leadership in the event of an emergency.

Has accountability for the assessment of OT and CT for category structure progression and recertification

Operations Technicians in L&D Roles

An OT or CT who is qualified, capable and willing to perform safely and efficiently all duties associated with at least two manned positions and who is assigned to a learning and Development role. Duties and Responsibilities:

Create and maintain up to date training material for their own area of expertise.

Deliver training to operations personnel.

Coordinate and/or conduct assessments for certification and re‐certification.

Mandatory signatories for the electronic PMR process, stipulating training requirements at the beginning, and as approvers for commissioning.

Provide guidelines to project personnel on requirements for procedures, manuals, direct training etc.

Provide simulator support and utilise it for control technician training.

Where applicable to grade and role, provide support to Applications (e.g. design or prescribe training requirements, assist control scheme and graphic design) and support Control Technicians through such activities.

Design and facilitate desk top scenarios.

Deliver some training to other BP personnel and contractors (commensurate with core expertise or for operations benefit).

Meet with contract agents on behalf of and representing the refinery.

Act as a funnel for all departments seeking information and disseminating

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that information.

Use computer based systems (e.g. Visio) to create drawings for training material, PFD's, and P&ID's.

Embed digital technology into training material (e.g. photographs, video clips, graphics).

Provide GLMStraining and support. This includes creation of material,

control of certification and re‐certification system structure, and some data

entry.

Plan operations training and coordination of make up days.

Mentor and provide information to all grades of operations levels.

Significant use of Documentum, creating and organising procedures and other documents.

Secondment to shut down or TAR planning. This usually includes

procedure writing for shutdown and start‐up activities. Provide

supervision, support and hands‐on assistance during shut‐downs and

TAR’s. These activities may be fulfilled by a return to shift, thus allowing others to complete these duties.

Key role in completion of audit actions (e.g. PSM, OCAM, Peer Group, Alky).

Achievement of OT5 or CTA Grade for Training Department Responsibilities A process technician assigned to the training department may, at the discretion of the Company, achieve an OT5 or CTA grade subject to the following requirements:

Attainment of Cert IV Workplace Trainer and Workplace Assessor qualifications or equivalent (i.e. certification, not just completion of courses). and

Completion of a minimum of 6 continuous months in the training department. and

Agreement to complete minimum time requirements for a rotation through the training department position (expected to be 9 to 12 months)

Should the CERT IV qualifications be achieved after the 6 month minimum time frame is completed (through no fault of the technician e.g. had to wait for courses) and if the technician is either still in the training department or, after completion of agreed minimum time in training department, is meeting the requirements listed below then payment should be back paid to the 6 month point. Retaining Grade To retain the OT5/CTA grade after completion of a rotation through the training department the technician shall:

Provide point of contact for training department personnel for procedure and training material peer checks. This does not necessarily mean checking all material themselves, they may

coordinate on‐shift checking by others.

Support training department personnel and STL’s through facilitation of on‐shift training

sessions (e.g. desktop scenarios within own and across areas, generic training requirements for the whole shift, specific unit training requirements relevant to their own areas of expertise).

Provide on‐shift help and support for systems such as GLMS, Documentum and activities

such as procedure writing and checking.

Take on primary responsibility for organising and conducting assessments on own areas of expertise (note: as per EBA wording, STL is still expected to be responsible signatory for

certification, re‐certification and regrading).

Provide support across areas, within own shift, for assessment activities (support expected to

be along the lines of advice, coordination and assistance to “non‐CERT IV qualified” persons

of relevant experience at time of assessment).

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Provide some support across shift, within own area of expertise, for assessment activities as detailed above. This support is not expected to be provided outside of own shift roster hours.

Provide primary point of contact for attendance at activities such as Hazops and Design Reviews

Be available for reasonable rotation through the training department position.

60. RATES OF PAY

Increases to the annualised wage rates for each classification shall apply from the dates listed in the table below:

Classification 4.2 % Increase 28/3/2014

3.8% Increase 27/3/2015

3.8% Increase 25/3/2016

3.8% Increase 24/3/2017

Shift Workers

Trainee $111,853.75 $116,104.19 $120,516.15 $125,095.77

OT1 $145,618.35 $151,151.85 $156,895.62 $162,857.66

OT2 $154,442.61 $160,311.43 $166,403.27 $172,726.59

OT3 $159,350.38 $165,405.70 $171,691.11 $178,215.38

OT4 $164,657.16 $170,914.14 $177,408.87 $184,150.41

OT5 $171,244.49 $177,751.78 $184,506.35 $191,517.59

CT1 $174,543.77 $181,176.44 $188,061.14 $195,207.47

CT1A $181,525.12 $188,423.08 $195,583.15 $203,015.31

CT2 $181,174.75 $188,059.39 $195,205.65 $202,623.46

CT2A $188,421.68 $195,581.71 $203,013.81 $210,728.34

CT3 $184,801.96 $191,824.44 $199,113.76 $206,680.09

CT3A $192,193.53 $199,496.89 $207,077.77 $214,946.73

Deputy STL OT4

$174,537.53 $181,169.96 $188,054.42 $195,200.48

Deputy STL OT5

$181,518.89 $188,416.61 $195,576.44 $203,008.34

Deputy STL CT1

$185,017.67 $192,048.34 $199,346.17 $206,921.33

Deputy STL CT1A

$192,416.73 $199,728.57 $207,318.25 $215,196.35

Deputy STL CT2

$192,046.40 $199,344.17 $206,919.25 $214,782.18

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Deputy STL CT2A

$199,728.51 $207,318.19 $215,196.28 $223,373.74

61. APPRENTICES

An employee engaged under this Agreement as an apprentice shall be paid as per the following percentage of the OT Trainee rate based on 3 year apprenticeship scales:

Year of Apprenticeship Percentage of OT Trainee Rate First 35% Second 48% Third 64%

62. WORKGROUPS

62.1 The Parties recognise and support the SM in their accountability for safe and

effective Shift Operations, and for their ability to discharge this accountability within the limits of the SELL principle.

62.2 The Parties also recognise that workgroups are an important part of the work culture of the site that must be actively encouraged at both an area and shift level and should be used by the SM in the development of effective and efficient ways of discharging their accountabilities.

62.3 Each of the five shifts will support their Shift Workgroup in providing refinery manning coverage, maximising the use of manpower flexibilities (see Clause 10) and incorporating Area Workgroup requirements.

62.4 Each of the three areas will support their Area workgroup to the development of efficient and effective methods of delivering the Agreement principles (Clause 10).

62.5 During the life of this Agreement the Parties agree to review the application and structure of the workgroups, where necessary, with a view to improving their effectiveness.

62.6 The Structure of Workgroups

62.6.1 There will be a workgroup for each of the 5 Shifts and each of the 3 Areas.

62.6.2 Workgroups will comprise at least a Manager (Lead) role, a Team Leader role and 2 Technician roles. There can be an additional Team Leader role, an Operations Specialist role and up to 5 Technician roles. An Area Workgroup will not be sanctioned unless at least 3 shifts are represented by Technician roles.

62.6.3 A SM (or delegate) will fill the Lead role for each of the workgroups (Shift and Area). The Company will appoint the Leader of each of the Workgroups.

62.6.4 STLs will fill the Team Leader roles. Each shift Workgroup will use the on shift STLs or the Deputies when filling the role(s).

62.6.5 Technicians will nominate and be accepted by the majority of their shift technicians to represent them at the Shift Workgroup and Area Workgroups. Each shift can only send one Technician to represent them at the Area meeting.

62.7 Protocols of the Workgroups

62.7.1 Workgroups provide a consultative forum which facilitates discussion and workforce

input to the way in which work is performed in their specific areas. They are NOT empowered to make changes to the Agreement or to veto OCC rulings, but are

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encouraged to find better ways to work according to Clause 14 ‐ Flexibility, and to

monitor and continuously improve those methods of work.

62.7.2 Workgroups will monitor and review work practices and provide feedback to the OCC where requested. The OCC shall capture workgroup feedback and where necessary keep and update relevant defined flexibilities on the Kwinana Web Page for reference by the Operations workforce.

62.7.3 Workgroups will be used as part of MOC processes that affect the Agreement or impact defined flexibilities.

62.7.4 Area workgroups are encouraged to engage both Technicians and Managers/Leaders in a consultative environment and feed back outcomes to the OCC for approval..

62.8 Shift Workgroup Rules 62.8.1 The shift workgroup shall be consulted on call in for extended hours cover by meeting

as required for changes to manning. 62.8.2 The role is to provide cover as required by this Agreement and where extra manning is

required. Shift workgroups can instigate immediate manning changes to facilitate emergency or unplanned situations.

62.8.3 Shift workgroups shall monitor extended hours and will report to the OCC as required

with problems and statistics.

62.9 Area Workgroup Rules The area workgroup shall establish and monitor work practices for their area by regular meetings as decided by the Lead.

63. EMERGENCY RESPONSE GROUP (ERG)

63.1 The Parties recognise the vital importance of the ERG and the critical role it plays in the

operation of the Refinery. 63.2 The Parties acknowledge that a review of Emergency Response practices is underway and

that some changes may occur as a result of that review. All parties commit to participate in the

review with the aim of getting the best outcome for the Refinery. 63.3 For the success of the ERG, all Parties recognise that they have a role to play in order to

maintain a safe Refinery for all workers and the surrounding community and accordingly, ERG shall form part of the basic operator job requirements.

63.4 For the Company's part, it will commit that at all times the Company will ensure that at least

six Front Liners (able to carry out emergency duties in SCBA in the HOT ZONE) and two Occupational First Aid personnel will be available to attend any ERG incident, subject to agreed review. It is understood and accepted that this assurance given by the Company may require the Company to shutdown areas of plant to ensure the minimum of six Front Liners (able to carry out emergency duties in SCBA in the HOT ZONE) and two OFA personnel are available to attend such incident, subject to agreed review.

63.5 All employees will participate in a frontline capacity in the ERG. The AWU and employees will

ensure all on shift ERG personnel available will attend any ERG incident. 63.6 The exception to frontline ERG participation is where genuine medical reasons identified in a

Company approved medical test prevent such participation. This test is usually performed by the Company doctor, but may be completed externally at an employee’s discretion and expense.

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63.7 Where an employee is medically unable to participate fully in the ERG, then such employee

shall act in a support capacity to the full extent of their ability.

63.8 The VERT system, or something similar, will be in place for the life of this Agreement to ensure an emergency response system for the Refinery. The Parties acknowledge that changes to the structure or function of the VERT system will be by mutual agreement.

SCHEDULE B: LABORATORY EMPLOYEES

64. STAFFING

In the event that the business of BP Kwinana should undergo significant change that impacts on the laboratory, then both the Company and the employees will enter negotiations immediately with the intent to agree on an employee plan.

65. CLASSIFICATION

65.1 The category structure will be as agreed by the LCC from time to time. When

reviewing the classification structure the LCC will have regard to new ways of working, new technology, new modules or any other relevant factors.

65.2 Any alterations to the classification structure will not result in a reduction of an

employee’s classification.

65.3 The current category structure is shown in Appendix F.

66. REMUNERATION

66.1 An annualised salary shall represent the total remuneration to be paid to an employee

for work performed during the hours reasonably prescribed for the performance of all tasks associated with the classification structure as outlined in Appendix F. As such the employee’s commitment shall be to the performance of the prescribed tasks and remuneration shall be based on these and not the time in attendance at the workplace. The salary shall comprehend all remuneration entitlements for all purposes.

66.2 Remuneration shall be paid fortnightly by EFT into recognised financial institutions

nominated by the employee, one week in arrears and one week in advance. 66.3 In the event of a failure in the banking system causing late lodgement of payment to

an employee’s bank account, payment will be effected by cash or cheque in accordance with arrangements made locally.

66.4 It shall be a full discharge of the obligations and rights normally accruing from the shift

work to shift worker from week to week to pay annualised salary in equal fortnightly portions.

66.5 Day workers transferred to shift will be paid at a rate equivalent to the rate of pay

applicable to a shift worker at the same grade for all the hours worked on shift.

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67. WORKING ARRANGEMENTS FOR DAY WORKERS

A day worker is an Employee who is regularly rostered to work between the hours of 6:00am – 6:00pm Monday to Friday (inclusive).

Day workers can elect to either:

maintain their existing roster arrangement whereby actual hours are worked between 7:00am and 2:30pm Monday to Friday (inclusive); or

perform work on the basis of a nine-day fortnight arrangement whereby Employees work an extra 0.78 hours per day (or a total of 7.78 hours per day) over a period of 9 days worked Monday to Friday (inclusive) to accrue a tenth day off, to be taken by mutual agreement between the Company and the Employee.

Work performed on the basis of a 9-day fortnight arrangement is subject to the BP Kwinana 9-Day Fortnight Policy, as varied and amended from time to time. However, to the extent of any inconsistency between the BP Kwinana 9-Day Fortnight Policy and the 9-day fortnight arrangement set out above, the Company will make a decision as to appropriate application.

68. SEVEN DAY CONTINUOUS SHIFT WORK

(a) Seven day continuous shift work is as per the twelve-hour roster agreement applicable to Operations Technicians employed in the Refinery, with the exception of the night shift hours being replaced by afternoon shift hours of 11am – 11pm.

(b) The application of the Twelve Hour Shift Agreement may be varied by agreement

between the Company, the OCC and the LCC.

69. TRAINING

69.1 All training will be on a laboratory needs basis. Refer to the LCC for the Laboratory

Training Guidelines. 69.2 For shift workers the makeup day may be grouped together to facilitate longer training

sessions if required by the QMM or delegate, with agreement by the individual affected.

69.3 All employees may be required to participate in external courses provided during

Company time and paid for by the Company, to increase their theoretical and practical understanding of the techniques applying in the industry. Such courses are provided by professional training organisations, including major instrument suppliers and local universities.

69.4 Those employees who wish to develop skills in their own time will be encouraged to

do so, and where such courses are approved by Management as being consistent with the aims of the category structure, suitable recognition will be provided in terms of position within the structure.

69.5 Competency based training will be used with up to 70hrs training per employee per

annum (i.e., utilising the make‐up hours for shift personnel) as requested by the

Company. 69.6 Continuous Shift personnel will continue to make up 70 hrs as has been the practice. 69.7 The current training modules are detailed in a controlled document in the laboratory,

which details the tests contained in the various modules. This is a dynamic document,

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which can be amended through the LCC during the period of the Agreement. Training modules may be added or deleted through this consultative process.

70. SKILLED LEVEL PROGRESSION

As employees develop sufficient skills through the training modules, the skills will be evaluated, recorded and used. Once the LT has shown competency for the next higher classification, the person will be promoted. The promotion process begins with the LTs

initiative by requesting promotion when a self‐assessment against definition has been

completed. The Team Leader position (LT6) will be by appointment only.

71. RATES OF PAY

71.1 During the period of this Agreement there will be an introduction of new equipment,

technology, systems and operating arrangements in the laboratory and related laboratory activities to improve efficiency and productivity.

71.2 Increases to the annualised wage rates for each classification for shift workers shall

apply from the dates listed in the table below:


3.8% Increase 27/3/2015

3.8% Increase 25/3/2016

3.8% Increase 24/3/2017

Trainee (LT1) $95,891.44 $99,535.31 $103,317.65 $107,243.72

Laboratory Technician 2

$114,601.68 $118,956.55 $123,476.89 $128,169.02


$123,817.59 $128,522.66 $133,406.52 $138,475.97


$137,733.18 $142,967.04 $148,399.78 $154,038.97


$144,592.80 $150,087.32 $155,790.64 $161,710.69


$154,062.34 $159,916.71 $165,993.54 $172,301.29

72.3 Increases to the annualised wage rates for each classification for day workers shall

apply from the dates listed in the table below:


3.8% Increase 27/3/2015

3.8% Increase 25/3/2016

3.8% Increase 24/3/2017

Trainee (LT1)

$72,893 $75,663.48 $78,538.69 $81,523.16


$87,116.44 $90,426.87 $93,863.09 $97,429.88


$94,122.07 $97,698.71 $101,411.26 $105,264.88


$104,700.25 $108,678.86 $112,808.66 $117,095.39

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$109,914.71 $114,091.47 $118,426.95 $122,927.17


$117,113.14 $121,563.44 $126,182.85 $130,977.80

72. ANNUAL LEAVE

72.1 Seven day continuous shift workers accrue 200 hours after each twelve months of continuing

service. Employees shall receive a leave loading as a component of their annualised salary for such periods of leave.

72.2 Day workers accrue 175 hours after each twelve months of continuing service and 22.5%

leave loading shall be paid on the annual leave accrual date for each such employee, pro rata payment shall be made for an employee who has transferred from 7 day continuous shiftwork to day work (and vice versa). This payment shall be reduced by any amount of roster

payment, which is paid for the same 175‐hour period.

72.3 These periods of leave may be broken up into more than one section by mutual consent. 72.4 The Company and the employees will endeavour to ensure that annual leave accrued should

not exceed one years accrual unless mutually agreed. 72.5 Laboratory day workers shall, for a public holiday which falls during an employee's period of

annual leave, increase the leave by an amount of time equivalent to an ordinary working day. 72.6 If the employee has accumulated “Extensive” annual leave, as defined in the award then in the

absence of agreement of when the time will be taken, to reduce the hours, the Company will give the employee a minimum of four weeks notice to make arrangements to take up to one quarter of the accumulated leave. If, after a 4 week period, the employee has not made arrangements to take the accrued leave, the supervisor can direct the employee when the leave is to be taken.

73. LABORATORY CONSULTATIVE COMMITTEE (LCC)

73.1 Regular (at least quarterly) meetings of the LCC shall be held to ensure a consultative mechanism to provide a discussion and recommendation forum for significant workplace issues between management and employees with the purpose of improving workplace performance and relationships.

73.2 The LCC’s role is to discuss and make recommendations to management on issues which affect the workgroup. However, the QMM may delegate decision making authority to the LCC on specific occasions.

73.3 Regular meetings of the LCC shall be held to ensure a consultative mechanism to provide a discussion and recommendation forum for the implementation, delivery and operation of this Agreement.

73.4 The LCC’s scope is:

To contribute to the implementation and operation of this Agreement;

Discuss significant workplace issues which relate to the work group;

Make suggestions to management leading to improved workplace performance;

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To improve the work environment for all employees, particularly in the area of job design, skill formation and training;

All other matters within the scope of this Agreement. 73.5 A minimum of four (4) members shall constitute a quorum, one of which shall be a union delegate and one shall be either the QMM or Laboratory Supervisor.

74. TIME IN LIEU

74.1 Any time worked in excess of the average 35hour week may be taken as time in lieu

by arrangement of the QMM or delegate and the employee. 74.2 A maximum of 72 hours may be accrued at any one time per employee. 74.3 Arrangements to take the time off in lieu is done with mutual consent of both parties

with due consideration to workload at the time. 74.4 With approval of the QMM or delegate, time in lieu may be taken and then paid back

in additional hours worked later.

74.5 Any temporary changes in rostered hours is at the discretion of the Work Co‐ordinator,

any deficit is to be made up within the month. Permanent changes will be referred to LCC for approval.

75. FLEXIBLE WORKING ARRANGEMENTS

75.1 The parties have a strong commitment to flexible working arrangements and work /

home life balance. This clause recognises the commitment of the parties to providing sufficient support and flexibility to assist employees to balance work and other responsibilities, particularly through flexible working arrangements.

75.2 The parties will ensure an open forum in which individuals can discuss their needs. 75.3 Employees at their instigation may seek to enter into flexible work arrangements with

the QMM or delegate. 75.4 Employees will not be put under any duress to enter into flexible work arrangements. 75.5 The LCC will review requests for flexible working arrangements to ensure a

consultative approach. The LCC will take into account the needs and views of the individual, the business and the workgroup when reviewing these requests.

75.6 The LCC will make recommendations to the QMM or delegate, who has the final

authority to determine whether or not a flexible working arrangement meets business requirements.

75.7 The details of any flexible working arrangements must be in writing and signed by the

employees and the QMM or delegate. The terms of the arrangement may be varied by mutual agreement or terminated by the employee or the QMM or delegate.

75.8 Work in accordance with an agreed flexible work arrangement will not attract overtime

or other allowances or penalty rates or loadings. 75.9 No employee’s average weekly hours of work will change simply as a result of the

introduction of a flexible work arrangement.

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76. WORK COORDINATORS

76.1 Each shift (5) will have a Work Co‐ordinator role, as defined in the category structure,

for that shift or roster. 76.2 The Work Coordinator role for each shift will be nominated and self managed by that

shift team. The Coordinator may vary from week to week. 76.3 To facilitate adequate coverage it is preferred that each shift have a minimum of two

personnel capable of being work coordinators.

77. DEMARCATIONS

There will be no demarcations on the site subject to skills and competencies of individuals to carry out a designated task safely. It is not the Company’s intention that as a result of this provision the number of LTs, or the role of LTs will be diminished.

78. MAINTENANCE

Specific maintenance of laboratory equipment (e.g. CFR cylinder overhaul, GC column change) can be carried out by LTs provided they are trained to carry out these duties competently with due regard to safety.

79. PERSONAL REVIEW

79.1 Personal Reviews are carried out annually by the QMM or delegate. 79.2 Achievable objectives are set by the individual and his/her supervisor for the year

ahead and are referred to constantly throughout the year. 79.3 The performance of the individual over the year is constantly monitored and then

formally reviewed at the end of the year interview. 79.4 The personal review form is a controlled document QAS No 103 which can be

amended by the LCC.

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81. APPENDIX A: RELEVANT AWARDS

AP811463 - BP Oil (Kwinana) Refinery Pty Ltd - Australian Workers Union Award 2001

This Fair Work Australia consolidated award incorporates all amendments up to and including 29 August 2007 (variation PR977921).

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

20. Allowances

About this Award:

This award consolidates the BP Oil (Kwinana) Refinery Pty Ltd - AWU Award 1992 [AW769530] Printed by authority of the Commonwealth 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 (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

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AP811463 [Pre-Reform FWA Consolidation] 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. 00258 of 1999)

BP OIL (KWINANA) REFINERY PTY LTD – AWU AWARD 1992

(ODN C No. 60278 of 1991) [Print K9277 [B0268]]

Various employees Oil and gas industry

SENIOR DEPUTY PRESIDENT O’CALLAGHAN ADELAIDE, 24 OCTOBER 2001

Award simplification.

ORDER

A. Further to the decision issued by the Commission on 28 September 2001, [PR909840] the above award is varied as follows:

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

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PART 1 – APPLICATION AND OPERATION OF AWARD

1. AWARD TITLE

This award will be known as the BP Oil (Kwinana) Refinery Pty Ltd - Australian Workers Union Award 2001.

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2. ARRANGEMENT

This award is arranged as follows:

Part 1 – Application and operation of award

1. Award title

2. Arrangement

3. Commencement date of award and period of operation

4. Application and scope of award

5. Relationship with other awards

6. Posting of award

7. Anti-discrimination

Part 2 – Enterprise flexibility

8. Enterprise flexibility provisions

9. Index of facilitative provisions

Part 3 – Dispute resolution

10. Dispute resolution procedure

Part 4 – Employment relationship

11. Employer and employee duties

12. Categories of employment [PR965731]

13. Termination of employment

14. Absence from duty

Part 5 – Wages and related matters

15. Classification

16. Wage rates [PR961150]

17. Skills level progression

18. Payment of wages

19. Option for annualised salary

20. Allowances [PR977921]

21. Accident pay

Part 6 – Hours of work, breaks, overtime, shiftwork, weekend work

22. Hours of work

23. Shift work

24. Meal and rest breaks

25. Overtime

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Part 7 – Types of leave and public holidays

26. Personal leave

27. Parental leave

28. Long service leave

29. Public holidays

30. Jury service

APPENDIX 1 - Classification definitions - refinery process and ops support technicians

APPENDIX 2 - Classification definitions - laboratory technicians

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3. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

This award will come into operation from the beginning of the first full pay period to commence on or after 29 October 2001 and will remain in force for a period of twelve months.

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4. APPLICATION AND SCOPE OF AWARD

This award applies to and is binding on the Australian Workers Union (the union); and BP Refinery (Kwinana) Pty Ltd (the company).

This award governs the wages and conditions of employment of all employees employed by the company and covered by the classifications in this award.

The wages and conditions of employment of laboratory technicians are contained in Appendix 2 - Classification definitions - laboratory technicians, of the award.

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5. RELATIONSHIP WITH OTHER AWARDS

5.1 This award supersedes the BP Oil (Kwinana) Refinery AWU Award 1992 [Print K9277 [B0268]] in respect of employees employed under the classifications in this award, but no right, obligation or liability accrued under that award or variations to it will be affected by such supersession.

5.2 This award supersedes the Australian Workers Union (Oil Companies) Award 1988 [Print H8843 [A0177]] and the BP Oil (Kwinana) Refinery AWU Award 1992 (B00268). Provided, however, that the conditions in this award, insofar as they apply to Kwinana Refinery are not less favourable than those specified in the above awards.

5.3 This award should be read in conjunction with the Standard Hours (Oil Companies) Award 1974 [Print Q4640 [S0099]] and the Oil Industry (Long Service Leave) Award 2000 [Print S8308 [AW792264]].

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6. POSTING OF AWARD

A copy of this award and any variations will be posted and kept posted in a prominent position in an accessible place in each work group or workplace.

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7. ANTI-DISCRIMINATION

7.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

7.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

7.3 Nothing in this clause is taken to affect:

7.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

7.3.2 junior rates of pay;

7.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

7.3.4 the exemptions in s.170CK(3) and (4) of the Act.

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PART 2 – ENTERPRISE FLEXIBILITY

8. ENTERPRISE FLEXIBILITY PROVISIONS

Note: See ss.113A and 113B of the Act

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply:

8.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established.

8.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

8.3 Where agreement is reached an application must be made to the Commission.

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9. INDEX OF FACILITATIVE PROVISIONS

9.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between an individual employer and the Union and/or an employee, or the majority of employees, in the enterprise or workplace concerned.

9.2 Facilitative provisions in this award are contained in the following clauses:

Subject matter Clause number

Hours of work for shift workers 22.2

Change to start and finishing times 22.4

Variation of method of working shifts 23.2

Meal break (overtime) 24.3

Annual leave – shift workers 26.4.1

Public holiday substitution 30.5

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PART 3 – DISPUTE RESOLUTION

10. DISPUTE RESOLUTION PROCEDURE

10.1 The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may elect to appoint another employee representative to act on his or her behalf. Such representative may include a shop steward or other employee representative.

10.2 Where the shop steward or delegate is involved he/she will be allowed the necessary time during working hours to interview the employee(s) and the supervisor.

10.3 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official or other nominated representative to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.

10.4 The shop steward or delegate will be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited Union Officials of the Union to which they belong.

10.5 If the matter remains unresolved, the employer may refer it to a more senior level of management or to a more senior national officer within the employer organisation. The employee and/or their appointed representative, if any, may be involved in the discussions. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the parties will jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter.

10.6 In order to facilitate the procedure in 10.1:

10.6.1 The party with the grievance must notify the other party at the earliest opportunity of the problem;

10.6.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;

10.6.3 Reasonable time must be allowed for completion of the various stages of discussion. However, the parties must cooperate to ensure that the disputes resolution procedures are carried out as quickly as is practicable.

10.7 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.

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PART 4 – EMPLOYMENT RELATIONSHIP

11. EMPLOYER AND EMPLOYEE DUTIES

11.1 An employer may direct an employee to:

11.1.1 comply with the orders of the company to work reasonable overtime at any time during the seven days of the week at the appropriate remuneration;

11.1.2 perform work (including shift work) as the company may, from time to time, reasonably require;

11.1.3 carry out such duties as are within the limits of the employee's skills, competence and training.

11.2 Any direction issued by an employer under this clause is to be consistent with the employer's responsibilities to provide a safe and healthy working environment.

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12. CATEGORIES OF EMPLOYMENT

12.1 Probationary employment

12.1.1 An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which will not exceed three months.

12.1.2 A probationary employee is, for all purposes in relation to this award, a full-time or part-time employee.

12.1.3 Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.

12.2 Full-time employment

Any employee not specifically engaged as being a part-time or casual employee is, for all purposes in relation to this award, a full-time employee, unless otherwise specified.

12.3 Casual employment

[12.3 varied by PR965731 ppc 24Nov05]

A casual employee is to be employed by the hour. A casual employee for working ordinary time will be paid an hourly rate calculated on the basis of 1/35th of the weekly award wage presmealed in clause 16 - Wage rates, for the work which they perform plus a casual loading of 25%. The loading constitutes part of the casual employee's all purpose rate.

12.4 Part-time employment

12.4.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which will average less than 35 hours per week.

12.4.2 Part time agreement

12.4.2(a) Before commencing part-time employment, the employee and employer must agree:

12.4.2(b) upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;

12.4.2(c) upon the classification applying to the work to be performed in accordance with Clause 16 - Wage rates, below;

12.4.2(d) Except as otherwise provided in this Award a part-time employee is entitled to be paid for the hours agreed upon in accordance with 12.4.2(a), above.

12.4.2(e) The terms of this agreement may be varied by consent.

12.4.2(f) The terms of this agreement or any variation to it will be in writing and retained by the employer. A copy of the agreement and any variation to it will be provided to the employee by the employer.

12.4.3 The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 35.

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12.4.4 Overtime

A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 12.4.2(a) and 12.4.2(b) above, will be paid overtime in accordance with clause 25 - Overtime, below.

12.4.5 Public holidays

Where the part-time employee's normal paid hours fall on a public holiday presmealed in clause 30 - Public holidays, below and work is not performed by the employee, such employee will not lose pay for the day. Where the employee works on the holiday, such employee will be paid in accordance with clause 30 - Public holidays, below.

12.5 Employment for a specific period of time or a specific task or tasks

12.5.1 An employee may be engaged on a full time or part time basis for a specific period of time or for specific task/s.

12.5.2 The details of the specific period of time or specific task/s will be set out in writing and retained by the employer. The employer will provide a copy to the employee.

12.5.3 An employee engaged in accordance with 12.5.1 above, is for all purposes of the award a full-time or part-time employee, except where otherwise specified in this award.

12.5.4 Service under a contract of employment for a specific period of time or specific task/s will form part of an employee's period of continuous service, where such employee is engaged as a full-time or part-time employee immediately following such contract of employment.

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13. TERMINATION OF EMPLOYMENT

13.1 Notice of termination by employer

13.1.1 In order to terminate the employment of a full-time or regular part-time employee the employer must give to the employee a period of one months notice.

13.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

13.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

13.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.

13.1.5 The period of notice in this clause, will not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

13.1.6 Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time must once the traineeship is completed and provided that the trainees’ services are retained have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination the period of traineeship will be counted as service in determining any future termination.

13.2 Notice of termination by an employee

13.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

13.2.2 If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

13.3 Time off during notice period

Where an employer has given notice of termination to an employee, an employee will be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with the employer.

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14. ABSENCE FROM DUTY

An employee not attending for duty will except in the case of an authorised absence, lose pay for the actual time of such non attendance.

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PART 5 – WAGES AND RELATED MATTERS 15. CLASSIFICATION All work in the operations and production control areas of BP Refinery Kwinana will be covered by the classifications of Refinery Process Technician (RPT), Operations Support Technician (OST) and Laboratory Technician (LT). The definitions for these classifications are detailed in appendix 1 and 2.

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16. WAGE RATES

Note: In the wage tables that follow (16.2.1, 16.3.1,16.3.2 and 16.3.3), RPT3 is the key classification relating to the C10 Metals classification.

16.1 All employees performing work within the classifications listed in the tables below will be paid no less than the minimum rate adjacent to the relevant classification. Employees will also receive the residual component adjacent to the classification, so that no employee will have their overall entitlements to pay reduced as a result of the conversion of paid rates to minimum rates. The minimum rate and the residual component operate to give a total award rate for each classification.

16.1.1 Any future increases in rates in the award will only be applied to the minimum rate and will be absorbed against the residual amount; that is, the residual amount will be reduced by the amount of the increase in the minimum rates.

16.2 Shift workers

[16.2.1 substituted by PR933220; PR961150 ppc 28Jul05]

16.2.1 Refinery process technicians (RPT)

RPT Level Minimum rate per week $ Residual $ Total $ Trainee 497.00 3.00 500.00 RPT1 538.00 24.00 562.00 RPT2 563.00 35.00 598.00 RPT3 578.00 40.00 618.00 RPT4 593.00 47.00 640.00 RPT5 604.00 52.00 656.00 RPT6 620.00 60.00 680.00 RPT7 636.00 71.00 707.00 16.3 Day workers

16.3.1 Refinery process technicians (RPT)


RPT Level Minimum rate per week $ Residual $ Total $ Trainee 497.00 3.00 500.00 RPT1 538.00 24.00 562.00 RPT2 563.00 35.00 598.00 RPT3 578.00 40.00 618.00 RPT4 593.00 47.00 640.00 RPT5 604.00 52.00 656.00 RPT6 620.00 60.00 680.00 RPT7 636.00 71.00 707.00

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16.3.2 Operations support technicians (OST)


OST Level Minimum rate per week $ Residual $ Total $ OST Trainee 497.00 3.00 500.00 OST1 538.00 24.00 562.00 OST2 563.00 35.00 598.00 OST3 578.00 40.00 618.00 OST4 593.00 47.00 640.00 OST5 604.00 52.00 656.00 OST6 620.00 60.00 680.00

16.3.3 Laboratory technicians (LT)


LT Level Minimum rate per week $ Residual $ Total $ LT1 490.00 - 490.00 LT2 544.00 26.00 570.00 LT3 577.00 39.00 616.00 LT4 594.00 48.00 642.00 LT5 623.00 65.00 688.00 LT6 640.00 73.00 713.00 16.4 Method of calculating the hourly rate for casual employees

For all time worked casual employees will be paid at the base rate for the classification engaged in, plus 20%. The hourly rate will be calculated by dividing the base rate by 35.

Hourly rate = base rate per week x 1.2 / 35

16.5 Method for calculating the hourly rate for weekly employees

The hourly rate for weekly employees will be calculated by dividing the weekly rate for the relevant classification by 35.

Hourly rate = weekly rate for relevant classification / 35

16.6 Arbitrated safety net adjustment

[16.6 substituted by PR933220; PR961150 ppc 28Jul05]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

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17. SKILLS LEVEL PROGRESSION

Where an employee has a relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified and, the employee is exercising, or can be required to exercise the skills and knowledge gained from that qualification necessary for that level of work, the employee will be classified appropriately.

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18. PAYMENT OF WAGES

18.1 Payment of wages will be made fortnightly by electronic funds transfer (EFT) into the employees nominated bank account, one week in arrears and one week in advance.

18.2 Shift workers may be paid by a system of averaging over a full shift cycle the payments normally accruing from shift work. This provision will apply even if a shift worker fails for any reason to work a full shift cycle.

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19. OPTION FOR ANNUALISED SALARY

Where an alternative method of remuneration accruing to a shift worker is adopted, which:

averages payment over a full shift cycle;

in lieu of week to week payments,

normal obligations and rights pursuant to clause 16 - Wage rates above, will be fully discharged. This provision applies in the event that a shift worker fails for any reason to work a full shift cycle.

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20. ALLOWANCES

20.1 Telephone call back

[20.1 varied by PR933220; PR961150 ppc 28Jul05]

Where telephone rental is not paid by the employer, an employee who, on any day of the week responds to a telephone call made to the employee at home requiring them to report for work earlier than the next scheduled starting time, will be reimbursed an telephone call back allowance of $8.55 per call back.

20.2 Meal allowance

[20.2.1 varied by PR933220 PR961150; PR977921 ppc 29Aug07]

20.2.1 An employee who is:

required to work overtime for more than one and a half hours past their usual finishing time; and

not supplied a meal by the employer;

will, in respect of each meal break presmealed in 24.3 below, be reimbursed a meal allowance of $9.95.

20.2.2 An employee who is called upon to work overtime on a holiday will, for each meal break, either be supplied with a meal by the employer or:

[20.2.2(a) varied by PR933220 PR961150; PR977921 ppc 29Aug07]

20.2.2(a) be reimbursed a meal allowance of $9.95 where:

work continues for more than nine and a half hours; and after each additional four hours continuous work thereafter, provided the

employee continues working after each such qualifying period; or the employee’s work extends unexpectedly beyond the time when the

employee would ordinarily be expected to partake of a meal on any such day.

[20.2.3 varied by PR933220 PR961150; PR977921 ppc 29Aug07]

20.2.3 A day worker or seven day shift worker required to work on a Saturday or Sunday (not being a day on which such an employee is ordinarily required to work), or a seven day shift worker required to work on the rostered day off, provided the employee continues working beyond a meal break or meal time, will:

be supplied with a meal by the employer; or

be reimbursed a meal allowance of $9.95, for each meal break or meal time.

20.2.4 Allowances specified in 20.2.1, 20.2.2 or 20.2.3 above, need not be made to employees living in the same locality as the employer's premises who can reasonably return home for meals.

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20.3 Clothing footwear and equipment allowance

20.3.1 Where the employer requires the employees to wear any clothing, footwear or equipment, employees are entitled to be reimbursed for the cost of purchasing such clothing, footwear or equipment. The provisions of this clause do not apply where the employer supplies the clothing, footwear and/or equipment.

20.3.2 Where the Company requires an employee to launder any the items in 20.3.1 above, then the employee is entitled to reimbursement for such costs. The provisions of this clause do not apply where the employer launders the items.

20.4 Tool allowance

Employees will be reimbursed for the cost of purchasing any tools necessary for the performance of their duties, provided reimbursement is not due where the employer supplies the tools.

20.5 Telephoning for instructions

20.5.1 Employees are entitled to a minimum allowance of three hours' pay where an employee complies with a direction to telephone for instructions in connection with overtime, Saturday, Sunday or holiday work. The employee will be paid at ordinary time rate from the telephone call until he or she is:

20.5.1(a) given a further direction to telephone later for instructions; or

20.5.1(b) told a definite time at which the employee is to commence work; or

20.5.1(c) released.

20.5.2 Where it becomes necessary for the employee to make a number of telephone calls at intervals determined by an authorised supervisor, payment of a minimum of three hours at ordinary-time rate for each such telephone call must be made provided that:

no payment will be made for any telephone call made within three hours after the most recent telephone call; and

when an employee commences work all payments due under this subclause will cease.

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21. ACCIDENT PAY

21.1 Accident make-up payment means a payment paid at the usual intervals of wage payments, being the difference between the fortnightly equivalent of compensation paid to the employee pursuant to The Workers' Compensation and Rehabilitation Act 1981 (the act) and the employee's ordinary weekly wage rate or, where the incapacity is for a lesser period than a fortnight, the difference between the amount of compensation and the employee's ordinary time rate of pay for that period.

21.2 This clause will not have application where the accident payment provisions outlined in the BP Human Resource Policy Manual as updated from time to time, are generally more beneficial to the employee than the provisions of this clause.

21.3 This clause will apply to all employees (other than casual employees) covered by this award and only in respect of incapacity which results from any injury received on or after the date upon which the previous award (BP Oil (Kwinana) Refinery AWU Award 1992 [Print K9277 [B0268]) came into operation (16 January 1992 for Refinery Process Technicans; 16 July 1992 for Laboratory Technicians; and 12 August 1992 for Operations Support Technicians and Storepersons).

21.4 An employee receiving a lump sum payment under the provisions of the Act or Regulation will not be entitled to accident pay from the date upon which the employee accepts such payment.

21.5 The company must pay or cause to be paid accident make-up payment during the period of incapacity of the employee until such incapacity ceases, provided that the maximum period or aggregate of periods of make-up payment will be in total 26 fortnights in respect of any one injury including any period of rehabilitation under the act.

21.6 The liability of the company to pay accident make-up payment in accordance with this clause will arise as at the date of the injury or accident in respect of which compensation is payable under the act. The termination of the employee's employment for any reason during the period of any incapacity will not, in any way, affect the liability of the company to pay accident make-up payment as provided in this clause.

21.7 In the event that the employee receives a lump sum in redemption of weekly payments under the act, the liability of the company to pay accident make-up payment as herein provided will cease from the date of such redemption.

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PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK

22. HOURS OF WORK

22.1 Except as provided herein, the provisions of the Standard Hours (Oil Companies) Award 1974 [Print Q4640 [S0099]] will apply.

22.2 The Company and a majority of employees may agree to hours of work for shift workers, but the duration of shifts may only be extended to a maximum of twelve hours.

22.2.1 Employees who are members of the union bound by this award may be represented by that union in meeting and conferring with the Company about the matter. The company must give the union a reasonable opportunity to meet and confer about the matter. Note: union consent is not required to any agreement between the Company and the employees.

22.3 The ordinary hours of work for day workers will be not more than twelve hours per day which may be worked between the hours of 6.00 a.m. and 8.00 p.m. on any day.

22.4 Provided that a lesser period of notice may be agreed between the company, employee or employees to suit the circumstances of the establishment, where the company proposes to vary or change the start and/or finish times of the ordinary hours of work of an employee, seven consecutive days' notice of such variation or change must be given to the employee concerned. Where such variation or change is to apply to a group of employees, a notice of the intended change must be posted at the work place.

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23. SHIFT WORK

23.1 Except as provided herein, the provisions of the Standard Hours (Oil Companies) Award 1974 [Print Q4640 [S0099]] will apply.

23.2 Variation of method of working shifts:

23.2.1 The method of working shifts may be varied by agreement between the company and the majority of affected employees, to suit the circumstances of the establishment.

23.2.2 Once having been determined, the time of commencing and finishing of shifts may be varied by agreement between the company and the majority of affected employees to suit the circumstances of the company, or in the absence of agreement, by seven days notice of alteration given by the company to the employees.

22.2.3 Employees who are members of the union bound by this award may be represented by that union in meeting and conferring with the Company about the above matters. The company must give the union a reasonable opportunity to meet and confer about the matter. Note: the consent of the union is not required to any agreement between the Company and the employees.

23.3 Day to shift

Where it is necessary to transfer a day worker to shift work or to transfer a day worker to replace a shift worker, the employee to be transferred will:

be given 48 hours' notice; or

be paid the rate of overtime for a day worker for work done within that period.

23.4 Shift to day

23.4.1 When a shift worker is seconded onto day work for project work of a predefined nature, the following definitions and conditions apply:

23.4.1(a) Transfer to day work

Where:

an employee specifically engaged as a shift worker is transferred to day work; and

does not receive at least 48 hours notice of the transfer,

the employee must be paid the rate of overtime for a shift worker for all time worked on day work until the expiration of 48 hours from the time when given notice of such transfer.

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23.4.1(b) Shift project work

23.4.1(b)(i) When applying normal work skills in a predefined project which could last up to twelve months on day work, the normal wage conditions will apply as defined in salary package, i.e. no loss of normal salary.

23.4.1(b)(ii) If the time period is to exceed twelve months, the shift loading will be eroded over a time period as per the present practice.

23.4.2 Acting into a staff position

When an individual is acting into a staff position:

as defined by a written job description which has an accompanying grade; and

the higher duties position is already incorporated into the RPT grading system,

no higher duties payment will apply in addition to the normal salary.

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24. MEAL AND REST BREAKS

24.1 Meal break (day workers)

24.1.1 Day workers are entitled to a 30 minute lunch break. The time of the lunch break will be fixed by mutual agreement.

24.1.2 An employee will not be required to work for more than five hours without a break for a meal.

24.1.3 Employees must be paid overtime for work done during meal breaks, and thereafter, until a meal break is allowed.

24.2 Meal break (shift workers)

Twenty minutes will be allowed to shift workers each shift, for a meal break which must be counted as time worked.

24.3 Meal break (overtime)

24.3.1 Where overtime continues after working ordinary hours, prior to commencing overtime, an employee will be allowed a paid meal break of twenty minutes.

24.3.2 Where work continues after a meal break, employees working overtime must be allowed a 20 minute paid meal break after each four hours of overtime worked.

24.3.3 The company and employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that the company will not be required to make payment in respect of any time allowed in excess of twenty minutes.

24.3.4 All meal breaks referred to in 24.3.1, 24.3.2 and 24.3.3 above, will be paid at the employee’s ordinary time rate.

24.4 Rest break

Day workers must be allowed a rest pause of ten minutes during each period of four hours ordinary working time, to be taken as agreed.

24.5 Rest period before or after overtime

24.5.1 Subject to the 24.5.2 below, where overtime is necessary it will be arranged so that employees have at least ten consecutive hours off duty between the work of successive days.

24.5.2 An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times must, subject to this subclause, be released after completion of such overtime until ten consecutive hours off duty has been had without loss of pay for ordinary working time occurring during such absence.

24.5.3 If on the instruction of the company such an employee resumes or continues work without having had ten consecutive hours off duty the employee must be paid at double ordinary-time rate until released from duty for such period, and will then be entitled to be absent until ten consecutive hours off duty have

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been had without loss of pay for ordinary time occurring during such absence.

24.6 Shift work rest break

If a shift worker who is not relieved as scheduled at the end of the shift, continues to work until relieved or otherwise authorised by the company to finish work provided that there will not be a requirement to work more than sixteen hours in any consecutive 24 hours.

24.7 Standing-by

Employees required to hold themselves in readiness to work after ordinary hours must, until released, be paid standing-by time at their ordinary time rate from the time they are to hold themselves in readiness.

24.8 Saturday work (day workers)

24.8.1 For all work done on a Saturday by day workers, the rates of pay will be time and a half for the first two hours and double time thereafter; provided that an employee required to report for work on a Saturday must be paid for at least four hours at the appropriate rate specified herein for the first attendance, and at least one hour at double time for each subsequent attendance.

24.8.2 An employee required to work a Saturday must be allowed a meal break of twenty minutes without deduction of pay after each four hours worked if the employee continues work after such meal break.

24.9 Sunday work (day workers)

24.9.1 For all Sunday work will be paid at double time. Double time will continue until the employee is relieved from duty, provided that, double time will cease not later than the ordinary commencing time on the following day.

24.9.2 An employee required to report for work on a Sunday must be paid for at least four hours at double time for the first attendance and for at least one hour at double time for each subsequent attendance.

24.9.3 An employee required to work on a Sunday must be allowed a meal break of twenty minutes without deduction of pay after each four hours worked if the employee continues work after such meal break.

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25. OVERTIME

25.1 Day workers and other than seven day shift workers

25.1.1 For all work done outside ordinary hours the rates of pay will be time and a half for the first two hours and double time thereafter; except as provided in 25.5 below.

25.1.2 In calculating overtime each day's work will stand alone.

25.2 Seven day shift workers

For all time worked in excess of the ordinary working hours the rate of pay will be double time.

25.3 Travelling time

25.3.1 Subject to 25.3.2 below, an employee who is contacted on any day of the week at home and responds to a call-in to work involving the employee in an additional trip to, and from, the work place must be paid one hour at the ordinary time rate of pay for travelling time irrespective of the distance travelled.

25.3.2 This subclause does not apply in cases where it is customary for an employee to return to the Company's business premises to perform a specific job outside the employee’s ordinary working hours, or in the case of planned overtime (on weekends and public holidays, as presmealed by this award) where notice of such overtime is given before the employee leaves the work place, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

25.4 Callback-Monday to Friday inclusive

25.4.1 Subject to 25.4.2 below, an employee called to work overtime after leaving the company's premises (whether notified before or after leaving the premises) must be paid for a minimum of four hours' work at the appropriate rate for each time so recalled; provided that:

25.4.1(a) except in the case of unforeseen circumstances arising, the employee will not be required to work the full four hours if the work recalled to perform is completed within a shorter period;

25.4.1(b) in determining the appropriate rate to be paid for any subsequent recall, only the time actually worked in earlier recall(s) will be taken into consideration;

25.4.1(c) in the event of cancellation or postponement of such recall an employee who reports to the place of duty must be paid the above minimum of four hours for each time so recalled even if not required to work.

25.4.2 This subclause will not apply in cases where it is customary for an employee to return to the company's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion on commencement or ordinary working time.

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25.5 Cancellation of overtime

If notice cancelling the instruction is sent or telephoned to the employee's registered address before the employee would normally have left to commence work, the employee must be paid a minimum of the appropriate rate outlined in 25.5.1 or 25.5.2 below.

25.5.1 Day worker

25.5.1(a) Two hours at ordinary time rate in the case of weekday overtime work cancellation; and

25.5.1(b) Four hours at ordinary time rate in the case of weekend work or holiday work cancellation.

25.5.2 Shift worker

25.5.2(a) Two hours at ordinary time rate in the case of cancellation of overtime work for a day on which the employee is rostered to work an ordinary shift; and

25.5.2(b) Four hours at ordinary time rate in the case of cancellation of overtime work on a day which the employee is not rostered to work an ordinary shift.

25.5.3 An additional penalty will not be payable if the employee is not at the employee’s registered address when notice of cancellation is delivered, or telephoned, and the employee subsequently reports for work.

25.5.4 If notice of cancellation provided in 25.5.1 above, is not delivered, or telephoned, to the employee's registered address at least one hour before the employee would normally leave to commence work and the employee would normally be expected to have a meal at the work place during the period of overtime now cancelled, the employee will be entitled to a meal allowance of $7.40.

25.5.4(a) For the purpose of this subclause registered address means the address recorded by the company.

25.6 Transport of employees

When an employee, after having worked overtime or a shift for which the employee has not been regularly rostered, finishes work at a time when the employees normal means of transport or reasonable means of public transport is not available, the company must:

provide such employee with a conveyance to home or such public transport as is available; or

pay at ordinary time rate for the time reasonably occupied in reaching home.

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PART 7 – TYPES OF LEAVE AND PUBLIC HOLIDAYS

26. ANNUAL LEAVE

26.1 Period of leave

26.1.1 The current standard for seven day shift workers after the completion of each twelve months of continuing service with the company is 175 hours.

26.1.2 Other than casual employees or seven day shift workers, all employees will be entitled to 140 hours leave on or after the anniversary of each twelve months of continuous service with the company.

26.1.3 An employee who works for part of the twelve months' period as seven day shift worker will be granted leave as a seven day shift worker in the same proportion as the period worked bears to a full year, provided that any fraction of a full shift in the result may be paid for in cash.

26.2 Loading on annual leave

Employees, other than casual employees and seven day shift workers, must be paid whilst on annual leave in addition to their all inclusive rate, a loading of 22.5% calculated on their base rate of remuneration for the classification in clause 15 - Classification, above, in which the employee was ordinarily employed prior to the commencement of such leave.

26.3 Public holidays falling in a period of leave

Employees, other than casual employees and seven day shift workers who are paid the all inclusive rate per annum, a public holiday, as presmealed in clause 30 - Public holidays, below, falling within an employee's period of annual leave will increase the period of leave by an amount of time equivalent to an ordinary working day for such employee.

26.4 Annual leave in one or more separate periods

26.4.1 Annual leave entitlement for shift workers may be split into more than two periods such that the needs of the individual and all needs of the business are maintained and agreed by the work group.

26.4.2 At least four weeks' notice must be given to an employee of the commencement of his/her annual leave.

26.4.3 Annual leave accrued for more than 24 months will be taken as soon as practicable having regard to the operational requirements of the Company.

26.5 Payment for period of annual leave

A seven day shift worker proceeding on annual leave must be paid the all inclusive rate of remuneration for the classification in clause 15 - Classification, above, in which the shift worker was ordinarily employed prior to the commencement of such leave.

26.6 Leave is to be taken

Payment in lieu of annual leave will not be permitted other than at the time an employee leaves the employment of the company.

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26.7 Leave allowed before due date

26.7.1 Subject to 26.1 above, the company may grant annual leave in whole or part to an employee before the date the employee's right to such leave becomes due.

26.7.2 Where an employee has:

taken annual leave in advance pursuant to 26.7.1 above; and

at the date of the employee separating from the employer’s service, for any reason, the accrual of annual leave is insufficient to account for the annual leave taken,

such deficit will be deducted from any moneys due to the employee at the date of separation.

26.8 Proportionate leave on termination

26.8.1 An employee whose services are terminated for any cause whatsoever or who leaves employment in any qualifying period for annual leave will be entitled to payment in lieu of the leave accrued to the date of termination calculated on the base rate presmealed in clause 15 - Classification above, for the classification in which the employee was ordinarily employed immediately prior to termination of employment.

26.8.2 In the case of an employee who upon termination of employment has a full amount of annual leave accrued due and not taken the provisions of 26.5 above, will apply to the calculation of the payment of such full amount of leave.

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27. PERSONAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees or temporary employees.

27.1 Amount of paid personal leave

27.1.1 Paid personal leave will be available to an employee when they are absent due to

personal illness or injury (sick leave); or

bereavement on the death of an immediate family or household member (bereavement leave); or

for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave).

27.1.2 Personal leave of:

27.1.2(a) Eight days (64 hours) personal leave will be available in the first year of service;

27.1.2(b) Eleven days (88 hours) personal leave will be available per annum in the second and subsequent years of service.

27.1.3 In any year unused personal leave accrues at the rate of the lesser of:

27.1.3(a) Five days less the amount of sick leave taken from the current year’s personal leave entitlement in that year; or

27.1.3(b) the balance of that year’s unused personal leave.

27.1.4 Personal leave may accumulate to a maximum of ten years, (i.e. 1st 10 years = 616 hours, from the 11th year of service onwards cumulative paid sick leave = 640 hours).

27.2 Immediate family or household

27.2.1 The entitlement to use personal leave for the purposes of carer’s or bereavement leave is subject to the person being either:

27.2.1(a) a member of the employee’s immediate family; or

27.2.1(b) a member of the employee’s household.

27.2.2 The term immediate family includes:

27.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

27.2.2(b) child or an adult child (including an adopted child, a step child or an ex- nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

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27.3 Sick leave

27.3.1 An employee is entitled to use up to five days (40 hours) of the current year’s personal leave entitlement as sick leave in the first year of service and eight days (64 hours) in the second and subsequent years of service.

27.3.2 An employee is entitled to use accumulated personal leave for the purposes of sick leave where the current year’s sick leave entitlement has been exhausted.

27.3.3 As soon as the employee has taken the limit of his/her cumulative sick leave, he/she must be advised in writing.

27.3.4 An employee will not be entitled to sick leave for more than two absences, each of a single day, in any one year of service without the production (if requested by the employer) of a certificate from a qualified medical practitioner. Nothing in 27.3.4 herein, limits the employer’s right to demand that the employee prove he/she was unable, on account of illness or incapacity to attend for duty on the day or days for which sick leave is claimed.

27.4 Bereavement leave

An employee is entitled to use up to three days personal leave as bereavement leave on each occasion and on production of satisfactory evidence.

27.5 Carer’s leave

27.5.1 An employee is entitled to use up to five days personal leave each year as carer’s leave.

27.5.2 An employee may take unpaid carer’s leave by agreement with the employer.

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28. PARENTAL LEAVE

The provisions of this clause apply to full-time, part-time and eligible casual employees but do not apply to other casual employees.

28.1 Eligible Casual Employees

28.1.1 An eligible casual employee means a casual employee

28.1.1(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

28.1.1(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

28.1.2 For the purposes of this clause continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

28.1.3 An employer must not fail to re-engage a casual employee because:

28.1.3(a) the employee or employee’s spouse is pregnant; or

28.1.3(b) the employee is or has been immediately absent on parental leave.

28.1.4 The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

28.1.5 The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

28.1.6 Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

28.2 Definitions

28.2.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where ‘child’ means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

28.2.2 Subject to clause 28.2.3, in this clause, spouse includes a de facto or former spouse.

28.2.3 In relation to clause 28.6, spouse includes a de facto spouse but does not include a former spouse.

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28.3 Basic entitlement

28.3.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

28.3.2 Subject to 28.4.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

28.3.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

28.3.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

28.4 Maternity leave

28.4.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

28.4.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

28.4.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.

28.4.2 When the employee gives notice under 28.4.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

28.4.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

28.4.4 Subject to clause 28.3.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

28.4.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

28.4.6 Special maternity leave

28.4.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

28.4.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take

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any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

28.4.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

28.4.7 Where leave is granted under clause 28.4.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

28.5 Paternity leave

28.5.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

28.5.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

28.5.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

28.5.1(c) a statutory declaration stating:

28.5.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

28.5.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

28.5.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

28.5.2 The employee will not be in breach of clause 28.5.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

28.6 Adoption leave

28.6.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

28.6.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

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28.6.2(a) the employee is seeking adoption leave to become the primary ` care-giver of the child;

28.6.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

28.6.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

28.6.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

28.6.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

28.6.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

28.6.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

28.7 Variation of period of parental leave

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

28.8 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

28.9 Transfer to a safe job

28.9.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

28.9.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

28.10 Returning to work after a period of parental leave

28.10.1 An employee will notify of their intention to return to work after a

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period of parental leave at least four weeks prior to the expiration of the leave.

28.10.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 28.9, the employee will be entitled to return to the position they held immediately before such transfer.

28.10.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

28.11 Replacement employees

28.11.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

28.11.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

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29. LONG SERVICE LEAVE

29.1 Long service leave will be taken as per the Oil Industry (Long Service Leave) Award 2000 [Print S8308 [AW792264]] except as provided herein.

29.2 Any long service leave will be taken in periods such that the needs of the individual and all needs of the business are maintained.

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30. PUBLIC HOLIDAYS

30.1 Subject to 30.3 below, employees (other than a casual employees), unless required to work, are entitled to be paid ordinary rates of pay on the following days (public holidays):

New Year's Day

Australia Day

Labour Day

Good Friday

Easter Monday

Easter Tuesday

Anzac Day

Foundation Day

Sovereign's Birthday

Christmas Day

Boxing Day

30.2 Or such other day as is gazetted by the State Parliament as a substitute for any of the said days respectively.

30.3 If a holiday is proclaimed for a State or National occasion by the State Parliament or the Commonwealth Parliament, and that day applies to the whole State or to the Commonwealth, that day must be observed as a holiday.

30.4 An employee will not be entitled to the benefit of more than one holiday as a consequence of such proclamation.

30.5 When Anzac Day falls on a Saturday or a Sunday, the following Monday, or the day gazetted by the relevant State Government to be observed as the Anzac Day holiday, will be substituted for Anzac Day.

30.6 By agreement between the company and the employees other days may be substituted for the said days or any of them.

30.7 Payment for work performed on a holiday

30.7.1 Except as provided in 5.3 above, an employee who works on any of the holidays presmealed in this clause must, in addition to the wage presmealed in clause 16 - Wage rates, above, for the appropriate classification, be paid double time for all time worked, with a minimum payment of four hours for each attendance.

30.7.2 A day worker (other than a casual) required to work on any of the holidays presmealed in this clause, and who (except for meal breaks) immediately thereafter continues such work, will, on being relieved from duty, be entitled to be absent until the employee has had ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.

30.7.3 Where entitlements due to continuous shift workers for working on public holidays are included in the remuneration package no other entitlements will apply.

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30.8 Absence from work

30.8.1 Where an employee is absent from employment on the working day before or after a holiday presmealed in 30.1 above, without reasonable cause (proof whereof will be upon the employees) or without the consent of the employer, the employee will not be entitled to payment for such holiday.

30.8.2 An employee, notified to attend for work on a holiday but without reasonable excuse does not attend or refuses to attend, will not be entitled to payment for such holiday.

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31. JURY SERVICE

Subject to the production of satisfactory evidence, an employee required to be absent from work, due to jury service, will be reimbursed by the company for any loss of ordinary time wages to the extent of the difference between the ordinary rate of pay the employee would have otherwise earned during the period of absence, and the amount received for attendance on jury service.

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APPENDIX 1 - CLASSIFICATION DEFINITIONS - REFINERY PROCESS AND OPS SUPPORT TECHNICIANS

REFINERY PROCESS TECHNICIAN AND OPERATIONS SUPPORT TECHNICIAN - CATEGORY STRUCTURE

1. REFINERY PROCESS TECHNICIAN TRAINEE - SHIFT OPERATOR

An employee who has been selected to be a Refinery Process Technician on shift and train to the minimum qualification of a Process Technician 1 - Shift Operator.

1.1 Responsibilities


1.2 Complete skills and knowledge requirements at a minimum of 90% raw score on written, oral and field tests as verified by a Supervisor and a training coordinator.

Basic process skills modules(s);

Basic laboratory skills module;

Process maintenance module;

Permit procedures;


Safety regulations;

Fire/Emergency Response Training;

Two areas of responsibilities;

2. REFINERY PROCESS TECHNICIAN 1 - SHIFT OPERATOR

2.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with up to two defined areas of responsibility. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, startup and perform satisfactorily in other non routine unit responsibilities.

2.2 Duties and responsibilities

Responsible for the preparation and isolation of equipment for maintenance including the signing of site permits to indicate the conditions of isolation are met.

Liaises with the RPT6's on all aspects of unit control, maximises yields and minimises losses within equipment constraints and product specifications.

Performs process monitoring, sampling and testing as required.


Participates in the training of other process technicians and trainees with commensurate knowledge, ability and experience.


3.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with up to three non-control areas of responsibility in his complex. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, startup and perform satisfactorily in other non routine unit responsibilities.

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Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Expected to rotate through up to four positions in the complex which may include positions on another complex. Higher level of process testing skills required.


4.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with four distinct and different non-control areas of responsibility in his or a second or third complex. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, start-up and perform satisfactorily in other non routine unit responsibilities.







Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Expected to rotate through up to six positions in the complex which may include positions on another complex. Higher level of process testing skills required.


5.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with six distinct and different non-control areas of responsibility in his or a second or third complex or all non-control areas of responsibility in two complete complexes. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, start-up and perform satisfactorily in other non routine unit responsibilities.

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Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Expected to rotate through up to eight positions in the complex which may include positions on another complex. Higher level of process testing skills required.


6.1 Capable of operating in all control and non-control areas of responsibility in the complex and acting in both RPT6 positions in the complex as required. will, if required, take on such responsibilities as are delegated, during the normal operation of the work station, up to the level of responsibility of RPT6 without supervision. Rotates through up to six operating positions at any one time. This function would normally require a minimum of three years as a qualified PT2 or two years as a PT3 or one year as a PT4 for operating experience and expertise.








Act as coordinator for the complex either in control function or on plant responsibilities as required. Rotates into the control function to maintain a high level of proficiency with all aspects of control.


7.1 The operations branch establishment is 60 PT6 positions. Of these 25 are CCB positions.

7.2 CCR control position duties and responsibilities

Takes full responsibility for operating the control system of an operating complex and is accountable for implementing all operating programs and optimising unit performance using advance control system optimisers and loop tuning software.

Offsites control position duties and responsibilities

Takes full responsibility for operating the control system of an operating complex and is accountable for implementing all operating programs and optimising area performance using advance control system optimisers and loop tuning software. This will include the running of the utilities area when phased into the offsites control function.

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Directs the focus of process technicians with his/her awareness of plant performance.

7.3 Complex RPT6 duties and responsibilities


Performs monitoring, sampling, testing and process maintenance. Overviews these activities performed by technicians in the complex.

Participates in and overviews the training of other process technicians and trainees in the complex with commensurate knowledge, ability and experience.

Takes full responsibility for the operation of the outside plant in any defined complex. Coordinates and delegates responsibility to appropriately qualified process technicians.

Organises leave, training programs, overtime and laboratory testing. Is accountable to the shift supervisor for the performance of the work group. The RPT7 and the CCR control position and complex RPT6 will rotate on a regular rostered basis.

Has high level of skill and experience which will be applied to review and develop plant improvements and efficiencies.


8.1 This is an advancement position for an Area RPT6 who can take charge of the whole area either North, South or Offsites. The operations branch establishment is 15 PT7 positions.

8.2 Area RPT7 duties and responsibilities


Performs monitoring, sampling, testing and process maintenance. Overviews these activities performed by technicians in the area.

Participates in and overviews the training of other process technicians and trainees in the area with commensurate knowledge, ability and experience.

Takes full responsibility for the operation of the whole area including the CCR and Area RPT6's. Supervises and delegates responsibility to appropriately qualified process technicians.

Responsible for organising leave, training programmes, overtime and laboratory testing. Is accountable to the shift supervisors for the performance of the work group.

Relieves the shift supervisor for short term absences with no additional increment to the work group.

RPT5, RPT6 and RPT7 are required to relieve in higher grades as necessary, the higher duty payments being incorporated into the rate for those grades.

9. OFFSITES SUPPORT OPERATORS

9.1 Will attain the classification RPT1, RPT2, RPT3, when trained to those levels and RPT4 or RPT5 when qualified and completing all tasks as defined by their agreed job descriptions. They will receive the all inclusive rate with a shift loading equivalent to a full shift operator. They will cover overtime positions where trained and as necessary.

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Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Expected to rotate through up to six positions in the complex which may include positions on an other complex. Higher level of process testing skills required.

PAY WILL BE AS A FULL SHIFT OPERATOR AS INDICATED IN CLAUSE 16 - WAGE RATES, EMPLOYEE'S LEVEL OF QUALIFICATION WILL DETERMINE THE EMPLOYEE'S GRADE.

10. AREA SUPPORT PROCESS TECHNICIANS

10.1 Will attain the classifications RPT1, RPT2, RPT3, when trained to those levels and RPT4 or RPT5 when completing all tasks as defined by their agreed job descriptions. They will receive the all inclusive rate, excluding public holiday component and shift loading. They will cover overtime positions where trained and as necessary.








11. EXTENDED VACANCIES

11.1 In the event that PT6 or PT7 technician has been away from their normal assigned position for more than six months, consideration can be given to a temporary promotion which will be supernumerary to the operations branch establishment. This temporary promotion will have effect for as long as the PT7 or PT6 technicians continue to be away from their normal assignment and will terminate immediately when the assigned PT6 and PT7 returns.

11.2 In the event that the area supervisor is away from their normal assigned positions for an extended period of time of three weeks or more consideration can be given by the area supervisor to a temporary promotion of PT5, PT6 or PT7 which will be supernumerary to the operations branch establishment. The temporary promotion to PT5, PT6, or PT7 will terminate immediately when the area supervisor returns to his/her assigned position.

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12. OFFSITES SUPPORT OPERATORS (FLEXI-CREW)









Operates a fully flexible shift roster to meet the needs of the business.

PAY WILL BE AS A FULL SHIFT OPERATOR AS INDICATED IN CLAUSE 16 - WAGE RATES EMPLOYEES' LEVEL OF QUALIFICATION WILL DETERMINE THE EMPLOYEE'S GRADE.

13. REFINERY PROCESS TECHNICIAN TRAINEE - AREA SUPPORT OPERATOR

13.1 An employee who has been selected to be a refinery process technician off shift and train to the minimum qualification of a process technician 1 - area support operator.

13.2 Responsibilities


13.3 Complete skills and knowledge requirements at a minimum of 90% raw score on written, oral and field tests as verified by a supervisor and a training coordinator.

Basic process skills module(s);

Basic laboratory skills module;

Process maintenance module;

Permit procedures;


Safety Regulations;

Fire/Emergency Response Training;

Two areas of responsibilities.

14. REFINERY PROCESS TECHNICIAN 1 - AREA SUPPORT OPERATOR

14.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with up to two defined areas of responsibility. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, startup and perform satisfactorily in other non routine unit responsibilities.

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Assist the area supervisor in the execution of his/her duties.


15.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with up to three non-control areas of responsibility in the complex. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, startup and perform satisfactorily in other non routine unit responsibilities.







Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Expected to rotate through up to four positions in the complex which may include positions on another complex. Higher level of process testing skills required.

Assists the area supervisor in the execution of the duties.


16.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with four distinct and different non-control areas of responsibility in the employee's complex or a second or third complex. Must be able to execute running adjustments, a minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, startup and perform satisfactorily in other non routine unit responsibilities.






Participates in the training of other process technicians and trainees with commensurate

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knowledge, ability and experience.


Assists the area supervisor in the execution of the duties.


17.1 A process technician under the guidance and direction of an RPT7 or staff supervisor, who is qualified, capable and willing to perform safely and efficiently all duties associated with six distinct and different non-control areas of responsibility in the employees complex or a second or third complex or all non-control areas of responsibility in two complete complexes. Must be able to execute running adjustments, minor mechanical efficiencies and simple laboratory testing consistent with safe and effective operation. Must be able to shutdown, startup and perform satisfactorily in other non routine unit responsibilities.







Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Expected to rotate through up to eight positions in the complex which may include positions on another complex. Higher level of process testing skills required.

Assists the area supervisor in the execution of his/her duties.

18. REFINERY PROCESS TECHNICIAN 5 - SUPPORT AREA OPERATOR

18.1 An operator operating in all non-control areas of the complex and assisting the area supervisor and other day functions in the ongoing administration of the complex. Will, if required, take on such responsibilities as are delegated, during normal day work hours, by the area supervisor. This position normally requires a minimum of three years as a qualified PT2, or two years as a PT3 or one year as a PT4 for operating experience and expertise.







Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Technicians expected to rotate through up to six positions in the complex which may include positions on another complex. Higher level of process testing skills required.

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Ensures the availability of consumables for the complex and takes responsibility for the maintenance of energy, environmental and safety monitoring/reporting programmes on the complex.

Must have knowledge of, and be willing to use any device or instrument or software necessary to perform effectively the duties listed above e.g. Vax, Teroman, TDC, PCs and measurement devices.

Ensures the availability of, and organises the maintenance of communication, testing, safety, computing and sundry office equipment in the complex, including the calibration of agreed testing equipment.

Assumes the key roles of area supervisor on a day by day basis in addition to his/her own duties, in the absence of the supervisor.


19.1 An operator operating in all non-control areas of the complex and assisting the area supervisor and other day functions in the ongoing administration of the complex. Will, if required, assume the duties of the area supervisor, in a relief or support capacity for extended periods and take on such responsibilities as are delegated, during normal day work hours, by the area supervisor.


Responsible for the preparation and isolation of equipment for maintenance including and signing of site permits to indicate the conditions of isolation are met.





Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Technician will be expected to rotate through up to six positions in the complex which may include positions on another complex. Higher level of testing skills required.


Must have knowledge of, and be willing to use and device or instrument or software necessary to perform effectively the duties listed above e.g. Vax, Teroman, TDC, PCs and measurement devices.


Assumes the key roles of area supervisor on a day to day basis in addition to the employee's own duties in the absence of the supervisor.

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20.1 An operator operating in all non-control areas of the complex and assisting the area supervisor and other day functions in the ongoing administration of the complex. Will, if required, assume the duties of the area supervisor, in a relief or support capacity for extended periods and take on such responsibilities as are delegated, during normal day work hours, by the area supervisor.

20.1.1 This role must be flexible within three complexes and must be able to relieve the shift operator for extended periods.







Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. Technician will be expected to rotate through up to six positions in the complex which may include positions on another complex. Higher level of testing skills required.


Must have knowledge of, and be willing to use any device or instrument or software necessary to perform effectively the duties listed above e.g. Vax, Teroman, TDC, PCs and measurement devices.


Assumes the key roles of area supervisor on a day to day basis in addition to his/her own duties in the absence of the supervisor.

21. OFFSITES SUPPORT OPERATORS








Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. The employee will be expected to rotate through up to six positions in the complex which may include positions on another complex. Higher level of process

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testing skills required.

PAY WILL BE AS A FULL SHIFT OPERATOR AS INDICATED IN CLAUSE 16 - WAGE RATES EMPLOYEE'S LEVEL OF QUALIFICATION WILL DETERMINE THE EMPLOYEE'S GRADE.

22. AREA SUPPORT PROCESS TECHNICIANS

22.1 Will attain the classification RPT1, RPT2, RPT3, when trained to those levels and RPT4 or RPT5 when completing all tasks as defined by their agreed job descriptions. They will receive the all inclusive rate, excluding public holiday component and shift loading. They will cover overtime positions where trained and as necessary.








23. EXTENDED VACANCIES

23.1 In the event that PT6 or PT7 technician has been away from their normal assigned position for more than six months, consideration can be given to a temporary promotion which will be supernumerary to the operations branch establishment. This temporary promotion will have effect for as long as the PT7 or PT6 technicians continue to be away from their normal assignment and will terminate immediately when the assigned PT6 and PT7 returns.

23.2 In the event that the area supervisor is away from their normal assigned positions for an extended period of time of three weeks or more consideration can be given by the area supervisor to a temporary promotion of PT5, PT6 or PT7 which will be supernumerary to the operations branch establishment. The temporary promotion to PT5, PT6 or PT7 will terminate immediately when the area supervisor returns to his/her assigned position.

24. OFFSITES SUPPORT OPERATORS (FLEXI-CREW)


24.2 Duties and Responsibilities




Performs minor maintenance tasks as necessary to complete the whole job where

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trained and competent.


Must have knowledge of, and be willing to relieve in all lower category jobs in the complex. He will be expected to rotate through up to six positions in the complex which may include positions on another complex. Higher level of process testing skills required.

Operates a fully flexible shift roster to meet the needs of the business.

PAY WILL BE AS A FULL SHIFT OPERATOR AS INDICATED IN CLAUSE 16 - WAGE RATES EMPLOYEE'S LEVEL OF QUALIFICATION WILL DETERMINE THE EMPLOYEE'S GRADE.

25. PROCESS TRAINEE

25.1 Entry levels

Minimum of year twelve with passes in Maths, Physics and Chemistry or a related trade qualification in the Engineering field.

26. PROCESS TECHNICIAN 1

26.1 Skills and knowledge requirements

Basic process skills

Basic laboratory skills

Process maintenance 1

Gas testing

Permit procedures

Safety regulations

Up to two units

Fire training

26.2 Basic process skills and knowledge

Safety Information Technical

Safety Induction Refinery Terminology Colour Coding Hazardous Materials Basic Life Support Refinery Geography Standing Instruct's Dangers of H2S Gas Testing intro. Basic Fire Training Safety Regulations

Valves & their uses Pumps & their uses Tubulars, Vessels Columns, Reactors Pump Operation Steam Turbine Opern. Environmental Aware. Principles F/T/L/P Process Control Prin. Combust. Principles Heat Transfer E R Briefing History of BP Ref Flare System

Fund of Instrument Refinery Products Dist. Principles Permit System intro. Ref. Operating Prog. Furnace Operation Chemistry of Oil Start Ups/Shut Downs Basic Fire Training Vap & Partial Press Refinery Gas Main AWU Briefing Area Familiarisation Training System

26.3 Basic laboratory skills

26.3.1 Process testing:

Colour

TDS

Drager

Ph

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Density

26.3.2 Process maintenance 1

Item Item

Changing Rototherms Changing Pressure Indicators Removing/Replacing Plugs & Cap Adjusting Gland Pkg. Swinging spades/blanks Connecting Chemical Drums Breaking Couplings-Mobile comp Bonding Equipment Changing Hamer Blinds Gauge glass cleaning Suction strainer cleaning Filter element changing

Adjust Force Feed Lubricators Change Oil in Pumps/Turbines Equalising DP Cells Changing batteries Electrical Isolations Driving Fork-lifts/Trucks Driving Refuelling Vehicle Driving Vacuum Tanker Oil & Gas burner cleaning Minor domestic duties Changing light bulbs (all) Connecting flexible hoses with bolts

26.3.3 Gas testing

Initial Gas Testing

Repeat Gas Testing

Specific Gas Testing (e.g. CO etc)

Calibration of Equipment

Maintenance of Permit Conditions

26.3.4 Safety regulations

Contents

General Precautionary Measures Accidents, Medical and First-Aid Services Work Permit System Emergency Instructions * Jetty Safety Regulations Pipelines Tanks and Vessels Machinery Welding * Alkylation Plant - Safety with Hydrofluoric Acid * Specific to Area

General Services Electricity Radiography Protective Clothing and Appliances Harmful Substances Lead Alkyl Compound Colour Coding of Hazards Vessels and Cylinders Materials in Pipelines Asbestos

26.3.5 Refinery operating areas of responsibility

Vacuum Dist. 2/Furfural Units Solvent Dewaxing/Ferrofiner Solvent Dewaxing/Filters Propane De-Asphalting/Tankage Bitumen Unit/Emulsions Converter/Hot Pump All Propane Production Unit 2/CPU Gas Recover/Minalk SRU/Tankage/Injections

PPU1/Merox/Crude Distillation 1 Crude Distillation 2 Hydrofiner/Tankage Cat Reformer/Copper Chlorides Alkylation/FPS Jetties/Pipelines LPG/Separators/Flare Tank Farm

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Waste Water Treatment Cooling Water Pump House Boilers Compressors/Chemicals

26.3.6 Fire training

Basic Fire Training Course

Current Senior First-Aid Certificate

Commenced Fire Training Modules

27. PROCESS TECHNICIAN 2-5

Following career path progression chart at end of job descriptions by successful completion of training modules.

28. PROCESS TECHNICIAN 6 AND 7

Successfully completes training modules and is appointed to fill vacancy.

OPERATIONS SUPPORT TECHNICIAN - GRADE DEFINITIONS

29. OPERATIONS SUPPORT TRAINEE

29.1 A trainee is a person who satisfies the entry requirements for the refinery and is capable and willing to be trained under the guidance and direction of an OST4 or staff supervisor to perform the duties of an OST1 safely and efficiently.


Perform under supervision the duties and responsibilities of an OST1. Remuneration will be the same base rate and overtime component as a PT trainee and linked to this grade.

30. OPERATIONS SUPPORT TECHNICIAN 1

30.1 OST1 will perform under the guidance and direction of an OST5 or staff supervisor and will be qualified, capable and willing to perform safely and efficiently in two out of the first five areas of responsibility. Must provide safe and effective equipment and service to the refinery. Must be willing to cover startup and shutdown circumstances.


Responsible for the preparation and issue of protective equipment. Staffing of protective clothing centre as required.

Liaise with the staff supervisor on all aspects of equipment integrity, maintenance and operations branch requirements, and ways to minimise costs.

Perform equipment checks, tests, routine maintenance and servicing as required.

Participate in the training of trainees according to level of experience.

Must have knowledge of, be willing to relieve in and be expected to rotate through the defined areas of responsibility.

Use teroman for ordering and work requests.

30.3 Remuneration will be the same base rate and overtime component as a PT1 and linked to this grade.


31.1 OST2 will perform under the guidance and direction of an OST5 or staff supervisor and will be qualified, capable and willing to perform safely and efficiently in three out of the first five

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areas of responsibility. Must be able to provide safe and effective equipment and service to the refinery. Must be willing to cover startup and shutdown circumstances.


Responsible for the preparation and issue of protective equipment. Staffing of protective clothing centre as required.



Participate in the training of other operations support technicians and trainees according to level of experience. Train people in the use of personal protective equipment.


Use teroman for ordering and work requests. Use of PC and gaining of associated software skills to maintain records and data for reporting.



32.1 OST3 will perform under the guidance and direction of an OST5 or staff supervisor and will be qualified, capable and willing to perform safely and efficiently in four out of the first five areas of responsibility. Must be able to provide safe and effective equipment and service to the refinery. Must be willing to perform satisfactorily in startup and shutdown circumstances.


Responsible for the preparation and issue of protective equipment including the ordering to ensure supply using teroman. Staffing of protective clothing centre and alkylation unit protective clothing centre as required.



Participate in the training of other operations support technicians and trainees according to level of experience. Train people in use of personal protective equipment.


Use teroman for ordering and work requests. Use of PC and gaining of associated software skills to maintain records and data for reporting.



33.1 OST4 will perform under the guidance and direction of an OST5 or staff supervisor and will be qualified, capable and willing to perform safely and efficiently in the first five areas of responsibility. Must be able to provide safe an d effective equipment and service to the refinery. Must be willing to perform satisfactorily in startup and shutdown circumstances.


Responsible for the preparation and issue of protective equipment including the ordering to ensure supply using teroman. Staffing of protective clothing centre and alkylation unit

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protective clothing centre as required.



Participate in the training of other operations support technicians and trainees according to level of experience. Train people in use of personal protective equipment.

Must have knowledge of, be wiling to relieve in and be expected to rotate through the defined areas of responsibility.

Use teroman for ordering and work requests. Use of PC and gaining of associated software skills to maintain records and data for reporting. Use of vax communication and reporting systems.



34.1 OST5 will perform under the guidance and direction of an OST6 or staff supervisor. Will be qualified, capable and willing to perform safely and efficiently in 7 areas of responsibility. Must be able to supervise contractors, co-ordinate major servicing and outside contracts and provide safe and effective equipment and service to the refinery. Must be willing to perform satisfactorily in startup, shutdown, emergency and other non routine circumstances. This position would normally require a minimum of three years experience as an OST2 or two years as an OST3 or one year as an OST4.


Responsible for the preparation and issue of protective equipment including the ordering to ensure supply using teroman. Staffing of protective clothing centre and alkylation unit protective clothing centre as required.


Perform equipment checks, tests, routine maintenance and servicing as required. Control major servicing and contracts for hose and equipment/appliances.

Supervise cleaning contractors for personal protective equipment and fire training equipment.

Participate in the training of other operations support technicians and trainees according to level of experience. Train people in use of personal protective equipment. Train operations branch personnel in emergency equipment and provide fire training assistance and assist with inductions.


Use teroman and supervision of use by other operations support technicians. Supervision and use of PC and gaining associated software skills to maintain records and data for reporting. Use of vax communication and reporting systems.



35.1 OST6 will perform under the guidance and direction of a staff supervisor and will, if required take on such responsibilities as delegated. Will be qualified, capable and willing to perform safely and efficiently in seven areas of responsibility. Must be able to supervise contractors, co-ordinate major servicing and outside contracts and provide safe and effective equipment and service to the refinery. Must be willing to perform satisfactorily in startup, shutdown, emergency and other non routine circumstances. Post if filled by selection only by the loss prevention section manager.

109



Responsible for the preparation and issue of protective equipment including the supervision of ordering to ensure supply. Staffing of protective clothing centre and alkylation unit protective clothing centre as required.


Perform equipment checks, tests, routine maintenance and servicing as required. Control major servicing and contracts for hose and equipment/appliances.

Supervise cleaning contractors for personal protective equipment and fire training equipment.

Participate in the training of other operations support technicians and trainees according to level of experience. Train people in use of personal protective equipment. Train operations branch personnel in emergency equipment and provide fire training assistance and assist with inductions.


Use teroman and supervision of use by other operations support technicians. Supervision and use of PC and gaining of associated software skills to maintain records and data for reporting. Use of vax communication and reporting systems.

Respond to off process area emergencies in normal hours.

Assume the key roles of emergency response/training co-ordinator on a day to day basis in addition to his/her own duties in the absence of the emergency response/training coordinator.


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APPENDIX 2 - CLASSIFICATION DEFINITIONS - LABORATORY TECHNICIANS

LABORATORY

1. APPLICATION

The provisions of this award apply to laboratory technicians except as expressly provided in this appendix.

2. CONTRACT OF EMPLOYMENT

The employment of laboratory technicians will be by the week.

3. OVERTIME

3.1 By agreement between the employees and the company, overtime worked by laboratory technicians may be taken as time off in lieu on the basis of one hour off for each hour of overtime worked.

3.2 Where overtime is taken as time off in lieu under 3.1 above, time may be accrued to a maximum of 72 hours at any one time.

4. REMUNERATION

4.1 A laboratory technician appointed to the classification in the table hereunder will be paid as per clause 16 - Wage rates: Laboratory technician 1 Laboratory technician 2 Laboratory technician 3 Laboratory technician 4 Laboratory technician 5 Laboratory technician 6

4.2 Laboratory technicians required, as part of the safety requirements of work being performed, to wear B or C class alkylation clothing as desmealed in the Refinery Safety Regulations, must be paid an allowance of $3.50 per work day or part thereof.

5. TRAINING AND EDUCATION

Training for laboratory technicians will be as agreed between the employees and the company.

6. LABORATORY TECHNICIAN CATEGORY STRUCTURE

The laboratory technician category structure will be as follows:

6.1 Laboratory technician 1 - LT1

An LT1 is an employee who is engaged as a laboratory technician trainee and who is being trained under full supervision to carry out the duties of the LT2 to the satisfaction of the employer.


An LT2 is an LT1 who:

Has completed the Modules 2A, 2B, 2C and 2D.

Has successfully completed the Kwinana Refinery Safety Induction Course.

Is familiar with quality and environmental policies.


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An LT3 is an LT2 who in addition can:

work without close supervision. The employee would be fully familiar with the work flow in their area and would be able to take on the responsibility for organising their routine workload.

assess the validity of their testing. Any result that appeared unusual or uncharacteristics would be investigated or taken up with the supervisor on their initiative.

train others where required in the routine tests of their work area.

Either:

Has completed Module 3A; or

Has completed two of Modules 3B, 3C, 3D, 3E and 3F.


An LT4 is an LT3 who, in addition, has completed:

Module 4A relating to their current work area.

All of Modules 3A, 3B and 3C; or

Two of Modules 3A, 3B and 3C plus one of the Modules 3D, 3E or 3F.

Modules 4B and 4C.


An LT5 is an LT4 who in addition:

is willing and able to assume the major accountability for a work related activity approved and authorised by a staff chemist.

(Examples: FTIR and Infra Red Instrumentation and techniques; Atomic Absorption Methodology; CFR Maintenance; Laboratory Information Systems; Laboratory Health and Safety; Laboratory Stores Administration); and

has shown competence in two of the following:

Flexibility to work in all laboratories; and to train people in the non-routine tests of their current working area.

Project work as per issued guidelines

Can perform four of the following:

troubleshooting of equipment failure and unusual/suspect test results;

the administration and control of the calibration and the standardisation procedures or the administration of the ICPMS and NATA correlation programmes.

the review and update of methods of tests or the file maintenance of the laboratory information systems or the organisation of major maintenance/repair of equipment.

The quality audits of either the refinery field centres or the marketing terminals.

The coordination of periodical testing and additive monitoring or

Sample despatch to IATA standards.


6.6.1 A LT6 is appointed as a team leader, with responsibilities and duties, within a section of the laboratory.

6.6.2 The following list desmeales the duties that a LT6 may be called upon to do within their section.

Planning both in the short and long term, the efficient use of team personnel,

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equipment and materials for their area. Provide supervision to maximise team productivity.

File maintenance of the laboratory data base. (e.g. LRS, 20/20 spreadsheets).

Conduct annual personnel reviews. Particular attention in these reviews would be paid to:

the contribution made in the past year.

the identification of any training needs.

career path recommendations.

Ensure that their team members follow health, safety and environmental regulations and procedures.

Investigate equipment failure and instances of unusual or suspect test results.

Administer the laboratory calibration and standardisation procedures.

Assist in the preparation of laboratory capital expenditure cases.

Assist in the review of the laboratory testing schedules.

Administer and control any correlation schemes the company may enter, e.g.

ICPMS

NATA

X-Ray

Aviation.

Audit the laboratory equipment and procedures in the refinery field centres and marketing terminals.

Organise and supervise project work.

Organise periodic and additive testing; and minor blending (as necessary) for the refinery and marketing terminals.

Organise the distribution of Ledlo kits and calibrated equipment to the marketing terminals and the refinery laboratory.

Prepare and issue customer monthly accounts.

Provide technical advice to users of the laboratory service. This would include refinery personnel, BP business units and external customers.

Train team members in non routine tests.

Act in the capacity of a staff chemist when the chemist is on annual leave.

Coordinate major maintenance on laboratory equipment.

6.6.3 A LT6 has the authority to arrange overtime and leave of up to one day (subject to guidelines) within their team.

6.6.4 The company may require a LT6 be an approved NATA signatory so that NATA documentation can be authorised. The following documents can be authorised by the LT6.

Certificates of quality

Laboratory inspection reports

Product and final cargo clearances

Work permits and work orders

Sub orders and taxi cab vouchers

** end of text **

113


AP825355 - Standard Hours (Oil Companies) Award 2003

This AIR 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 Government Printer.

Disclaimer:

Please note that this consolidated award is prepared by the Australian Industrial Registry 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 the Australian Industrial Relations Commission can be accessed at no cost through the Commission’s website (www.airc.gov.au) or purchased from any office of the Australian Industrial Registry.

114


AP825355 [Pre-Reform AIR Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION



(C No. 00896 of 1999)


s.99 notification of industrial dispute

The Australian Workers’ Union

and

Caltex Australia Petroleum Pty Ltd and Others

(C2002/1806)

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

(C2002/2288)

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


ORDER

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:

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1. TITLE

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

116


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]

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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

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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.

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5. HOURS OF WORK - SHIFT 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 any one 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 of the 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.

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 1/35 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.

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7. PART TIME EMPLOYEES

A regular part-time employee is an employee who:

7.1 works less than full time hours of 35 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.

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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.

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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 immediately 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.

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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.

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

11.1.2 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.

11.1.3 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.

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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.

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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.

127


SCHEDULE A

Australasian Lubricants 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 Refineries (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]

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SCHEDULE B

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


Shop Distributive and Allied Employees Association

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SCHEDULE C

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 **

130


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 1 of 2002

About this Award:

Printed by authority of the Commonwealth 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 (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

131


AP792264 [Pre-Reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION




(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


PREAMBLE

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

I 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 1996 I 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 G1.

The order will operate from the first pay period to commence on or after 23 June, 2000, as indicated in G1, 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 G1.

ORDER

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

132


1. TITLE

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

133


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 Northern Territory, and the States of Queensland, New South Wales, Victoria, South Australia, Western Australia and Tasmania.

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

134


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.

135


4. DEFINITIONS

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

4.1 Actual rate of pay means the total amount an employee would have received for performing ordinary hours of work but shall not include overtime, shift premiums, penalty rates and 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 an employer for the purposes of this Award means the period during which an 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 an 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 an industrial dispute concerning industrial matters, and an employee returns to duty with the same employer in accordance with the terms of settlement of the said dispute; or

4.5.1(c ) has been made by an employer by reason of slackness of trade, and 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 an employer for any reason other than those referred to in subparagraph 4.5.1(a), 4.5.1(b) and 4.5.1(c) hereof, and the employee is re- employed 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 any period of service by an employee as a member of the navy, military or air forces of the Commonwealth (otherwise than 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.

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 of law, and transmitted has a corresponding meaning.

136


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.

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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 termination 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 of long 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 1 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, before1 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 the Northern Territory, subject to the provisions of the Long Service Ordinance 1965, before 11 May 1964; and

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:

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6.2.2(a) in New South Wales on and from 1 April 1963;

6.2.2(b) in Queensland on and from 11 May 1964;

6.2.2(c) in Victoria on and from 1 January 1965;

6.2.2(d) in South Australia on and from 1 January 1966;

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

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

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

6.2.2(h) in the Northern 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 Northern Territory on and from 30 September 1974.

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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 return to duty, adjust such advance payment to include the varied rate of pay.

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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.

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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 termination 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.

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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.

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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 of this 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 of the 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 of this Award, less any amount already paid to the employee in respect of that leave.

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

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

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

13.1.2 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.

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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

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SCHEDULE B

[Sched B varied by T0145 ppc 23Jun00]

Construction, Forestry, Mining and Energy Union

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

The Australian Workers’ Union

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services

Union of Australia

Australian Municipal, Administrative, Clerical and Services Union


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ROPING-IN AWARD NO 1 OF 2000

[Roping-in Award No 1 of 2000 inserted by T1852 ppc 09Oct00]

1. TITLE

This award shall be known as the Oil Industry (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 Terminal, 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 O0436] 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 coming 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.

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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 **

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82. APPENDIX B: MOU CONCERNING BPRK DRUG AND ALCOHOL PROCEDURE

MEMORANDUM OF UNDERSTANDING

DATE:

12 May 2010

TOPIC: Application of the BPRK Drug and Alcohol procedure to Australian Workers Union (AWU) members.

DESCRIPTION OF UNDERSTANDING:

BP Refinery (Kwinana Pty) Ltd (the Company) acknowledges and accepts the AWU directive concerning the testing method to be used by members in the event they are required to complete a Drug and Alcohol Test consistent with the Company Drug and Alcohol Procedure (the Procedure).

The AWU directive details that in the event an AWU member is required to complete a test – the member will only select saliva testing as a testing method for impairment of drugs.

This approach delivers the AWU an outcome of members not participating in a urine testing regime, while at the same time the Company Procedure remains consistent across the refinery.

The Company agrees that any future changes to the Procedure will not occur unilaterally. Instead any future changes will involve consultation with all key stakeholders including the AWU. In return, the AWU agrees that it will:

End the dispute with the Company concerning application of the Procedure;

Notify all members to fully participate in the implementation of the Procedure;

Continue to contribute to the Procedure via members on the Drug and Alcohol Procedure Steering Committee; and

All possible future issues the AWU may have with the Procedure shall be addressed through the Steering Committee, and not through any other form of dispute, grievance, or retraction of support for the Procedure.

In exchange of this MOU – the company shall not proceed with its application for arbitration on the matter with Fair Work Australia.

Rob Phillips AWU Site Delegate Date: Dean Stewart Tim Verne Operations Manager Business Information Manger Date: Date:

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83. APPENDIX C: RELEVANT COMPANY POLICIES

Compassionate Leave

Purpose: Outline of compassionate leave entitlements Effective date: 29 December 2009 Policy owner: Policy Working Group Australia

1 Policy

An employee is entitled to a maximum of 3 days paid leave on the death or serious illness/injury of the employee’s spouse, parent, child/dependent, sibling, parents-in-law or grandparents, or member of the employee’s household.

An employee is entitled to a further 2 days paid leave where an employee is required to travel interstate or outside of Australia to attend a funeral in conjunction with compassionate leave granted under the preceding paragraph.

Should the circumstances surrounding the death or serious illness/injury of a relative or household member require additional leave, approval may be granted by the Business Unit Leader in consultation with the HR Adviser.

Casual employees are entitled to unpaid Compassionate Leave in circumstances described above.

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Jury Service

Purpose: Outline of Jury Service leave entitlements Effective date: 29 December 2009 Policy owner: Policy Working Group Australia Version: 1.0

1 Policy

A permanent employee required to attend for Jury Service shall be paid his or her ordinary day’s salary by BP and are required to reimburse BP for any payment he or she may receive for performing that duty. Application is via BPpeople.

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Parental leave – Adoption

Purpose: BP is committed to providing advice and support to employees before, during and after parental leave. Effective date: 28 December 2009 Policy owner: Policy Working Group Australia Version: 1.0

1 Introduction

The aim of this Policy is to enable the rights of an employee adopting a child to be protected, as well as offer financial support for employees who take parental leave and to encourage their return to work.

2 Policy

1. An employee is eligible for pre-adoption leave and adoption leave if he or she is seeking to obtain approval to adopt an “eligible child”, and is:

a) permanently employed with BP and has a minimum of 12 months’ continuous service; or

b). an eligible casual employee (as that term is defined in the Fair Work Act).

2. “Eligible child” means a child: a). that is (or will be) under the age of 5 years as at the day of placement or the proposed day of placement; and

b). has not (or will have not) previously lived continuously with the employee for a period of 6 months or more as at the day of placement or the proposed day of placement; and

c). is not a child or step-child of the employee or the employee’s partner.

3. Pre-Adoption Leave: An employee is entitled to take up to 2 days paid pre-adoption leave to attend any interviews or examinations required to obtain approval to adopt a child, except where the employee could take other authorized leave (eg annual leave) for that period and is directed to do so by BP.

4. Adoption leave consists of;

a). short adoption leave (a single, unbroken period of leave up to three weeks, taken by the employee within the three weeks starting on the day of placement of an eligible child with the employee for adoption); and

b) long adoption leave (a single, unbroken period of leave, other than short adoption leave, taken by an employee after the day of placement of an eligible child with the employee for adoption so that the employee can be the child’s primary caregiver.

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An employee entitled to adoption leave may take short adoption leave, long adoption leave or both in accordance with this policy.

1. The employee must notify BP in writing of his or her intention to apply for adoption leave as soon as reasonably practicable after receiving notice of the approval of the placement of an eligible child with the employee (“approval notice”).

2. The employee must notify BP in writing of the expected placement date as soon as reasonably practicable after receiving notice of the expected placement date (“placement notice”).

3. The employee must notify BP in writing of the first and last days of the period/s of leave the employee intends to apply for because of the placement:

a). if the employee receives a placement notice within eight weeks after receiving the approval notice – before the end of that eight week period; or

b). if the employee receives a placement notice after the end of the period of eight weeks after receiving the approval notice – as soon as reasonably practicable after receiving the placement notice.

5. Applications for:

a) Short adoption leave must be provided to BP no later than 14 days before the proposed day of placement; and

b) Long adoption leave must be provided to BP no later than 10 weeks before the first day of the proposed start date of the long adoption leave applied for.

6. There is no minimum working period between each adoption leave of absence.

7. Long adoption leave may not be taken concurrently with any authorized leave (including adoption leave) taken by the employee’s partner in relation to the placement. Short adoption leave may be taken concurrently with authorized leave (including adoption leave) taken by the employee’s partner in relation to the placement.

8. An employee may commence:

a) Short adoption leave at any time within three weeks starting on the day of placement of the child: and

b) Long adoption leave at any time within 12 months after that day of placement of the child.

9. An employee is entitled to take 52 weeks leave. This 52 weeks leave includes any paid annual leave or long service taken plus the 4 months paid leave described at point 11 below. Any balance of leave taken is unpaid.

10. If the employee is the primary care giver, he or she will be eligible to apply for an additional unpaid 52 weeks leave after the completion of the first part of leave for the care of the child. The additional unpaid 52 weeks leave needs to be taken consecutively after the initial 52 weeks and is subject to business approval.

11. If both parents are employees of the company, the additional unpaid 52 weeks leave can be taken by either parent.

12. Whilst on adoption leave, employees will be entitled to receive 4 months’ leave with full pay based on the employee’s work status (e.g. Full time, Part time) directly prior to adoption leave being taken (subject to PAYE taxation). This paid maternity leave may be taken as either 4 months at full pay

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based on the employee’s work status or 8 months at half pay. The employee will be requested to choose their preferred payment option in the maternity leave application. The payment option chosen on the maternity leave application will be final and once processed, no changes will be granted. The balance of adoption leave is unpaid unless the employee chooses to utilise any accumulated annual or long service leave entitlements.

Effect of adoption leave on employment

(a) The employee is entitled to return to the position held immediately prior to commencing adoption leave, or by mutual agreement, to a similar position of the same skills, status and remuneration, if the employee’s position no longer exists.

(b) To encourage employees who are the primary caregivers of the adopted child to return to work following long adoption leave, consideration will be given to employees wishing to change their work status e.g., from full time to part time employment. However, employees should note that it might not be possible to do so under their previous role and that the change in work status will impact their remuneration and benefits. Considerations will be based on the employee’s needs as well as those of the company hence it is important to note any requested changes are not guaranteed.

(c) If returning to part time employment, all benefits will be paid on a pro-rata basis i.e., salary, superannuation, leave, variable payments, etc. Employees returning to part time employment are also eligible to participate in the Share Plan Offer.

(d) In the event of a re-organisation it is important to keep the employee on adoption leave informed of the changes that are occurring to their work area. Communication must be regular ensuring that the individual understands the changes and any likely impact on their job. If their position no longer exists as a result of re-organisation, the position for the employee on leave is the same as the position of any other permanent employee.

(e) An employee taking adoption leave must not engage in any conduct inconsistent with their contract of employment with BP during the leave period.

Company vehicles and adoption leave

If an employee is in receipt of a company operated lease car prior to adoption leave, the car stays with the role and is to be returned to the BU prior to commencing adoption leave. If the employee is in receipt of a novated lease car, the ongoing payments remain the responsibility of the employee during adoption leave.

Returning to work & company vehicles

There are two scenarios upon the employee’s return to work

If the employee returns to full time employment, standard Car Policy terms and conditions apply.

If the employee returns to Part-Time employment (and was Part-Time prior to the commencement of adoption leave), they will return to the same car policy conditions as applied prior to their adoption leave.

Salary payments while on adoption leave

The employee’s salary will continue to be paid on the 15th of each month, for as long as the employee is entitled to payment, based on:

four months of paid adoption leave at the employee’s full rate of pay, or eight months at half pay; and

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any accumulated annual or long service leave entitlements utilized during the adoption leave period.

Annual & Long Service Leave

Employees may utilise any accumulated annual or long service leave entitlements during the adoption leave period. Employees with in excess of 5 years service may, by mutual agreement with their Line Manager, be granted their pro-rata long service leave entitlement.

The total period of adoption leave (as reduced by any leave taken by the employee’s partner in relation to the placement), annual leave, and long service leave taken by the employee must not exceed 12 months.

Education Assistance

Where it is essential for the employee to update or maintain specialist or technical skills required for the job, the Company will sponsor the employee to attend the appropriate training whilst on adoption leave.

At the Team Leader’s discretion, the Company may continue to reimburse employees for subscription fees to professional societies / bodies to ensure employees are kept up to date with any technical or market developments which may affect their job during their leave period.

Superannuation

Superannuation contributions will continue during the period of any paid adoption leave, including during any annual or long service leave taken during the adoption leave period. Defined benefits will continue to accrue during that period.

All contributions will cease during any unpaid adoption leave. Any unpaid adoption leave will not be deemed to be Special Leave as defined under the rules of the BP Superannuation Fund and therefore the membership period used for calculating defined benefits will exclude any period of any unpaid adoption leave. Defined benefits will therefore cease to accrue during unpaid adoption leave.

Any existing insurance cover provided to you by the BP Superannuation Fund with respect to Total and Permanent Disablement, Ill Health and Death continues during paid and unpaid adoption leave. Employees who are not members of the BP Superannuation Fund should confirm the impact of adoption leave upon any insurance cover with their chosen fund.

Refer to the Superannuation section on the BPpeople portal for further details

Share plan & BP staff card

Employees on adoption leave are eligible to participate in any annual Share Plan offer and retain their BP Plus Staff card.

Individual lump sum & team bonus payments

Employees on adoption leave will be entitled to a pro-rata VPP payment based on the period of time worked (including any paid leave taken) during the performance year.

Relocation benefits

Any transfer benefits currently being paid will need to be approved and discussed with the employee’s Line Manager and Human Resource Adviser.

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Keeping in touch

(a) Employees are encouraged to keep in contact with their Team Leader and local areas while on adoption leave. This may be through attendance at local work groups, receipt of Company newsletters and videos, or working half days before returning to work on a permanent basis.

(b) It may also be possible to return for a period of part-time work before commencing full-time to assist with the transition back to work.

(c) Employees are able to retain their security passes whilst on adoption leave, however, ongoing building access will be deactivated for the duration of the adoption leave. Temporary access will be granted by Global Property Management and Services should the employee have reason to attend a work function, visit their Team Leader, etc. Employees with car parking access attached to their security pass prior to adoption leave will retain the same access.

(d) If the employee wishes to retain computer access to company email and Intranet facilities whilst on adoption leave there are 2 options.

Option 1. The employee may retain his or her current laptop and if required, the team can access the pool or purchase an additional laptop for the employee in their role.

Option 2. If the employee already has internet access from their home computer, they can access their emails via BP Passport.

Return to work

(a) Adoption leave legislation allows employees to make one change to their return to work date. BP shall endeavour to accommodate any subsequent changes to an employee’s return to work date however consideration will be based on the employee’s needs as well as those of the company. Therefore, it is important to note, any subsequent changes to an employee’s return date cannot be guaranteed.

(b) An employee must provide their Team Leader with 1 month’s written notice of his or her intended return to work date. The Team Leader will then notify HR Operations to arrange the appropriate letter of offer, including any agreed changes to employment conditions.

(c) If the employee requests to extend their adoption leave beyond 52 weeks, the employee will be classified to be on Leave Without Pay (refer Leave without Pay policy on BPpeople portal)

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Parental leave – Maternity

Purpose: BP is committed to providing advice and support to employees before, during and after parental leave. Effective date: 8 February 2010 Policy owner: Policy Working Group Australia Version: 1.0

1 Introduction

The aim of this Policy is to enable the rights of an employee expecting a baby or adopting a child to be protected, as well as offer financial support for employees who take parental leave and to encourage their return to work.

2 Policy

(a) An employee is eligible for maternity leave if she is:

1 permanently employed with BP and has a minimum of 12 months’ continuous service; or

2 or an eligible casual employee (as that term is defined in the Fair Work Act).

3 The employee will provide, at least 10 weeks in advance of the expected date of commencement of maternity leave, a completed maternity leave application form including the appropriate medical certificate and statutory declaration. The maternity leave application form is available on BPpeople.

4 There is no minimum working period between each maternity leave of absence.

5 Maternity leave may not be taken concurrently with any parental leave taken by the employee’s partner, with the exception of the first week after the child's birth.

6 An employee may commence maternity leave any time within 6 weeks immediately prior to the expected date of the child’s birth. If an employee continues to work during the 6 week period before the expected date of birth, BP may require the employee to provide a medical certificate from a medical practitioner certifying whether or not the employee is fit to work.

7 The minimum period of maternity leave is six weeks, and the maximum period of maternity leave is 52 weeks (this is inclusive of any annual or long service leave taken plus the 4 months paid leave described at point 8 below – any balance of leave taken is unpaid). If the employee is the primary care giver, she will be eligible for an additional 52 weeks unpaid leave after the completion of the first part of leave. If the, employee’s partner is also employed by the company and becomes the primary care giver after the initial 52 weeks leave, he or she can take the additional 52 weeks as long as they are taken consecutively.

8 Whilst on maternity leave, employees will be entitled to receive 4 months’ leave with full pay. The rate of pay will be based on the employee’s work status (e.g. Full time or Part time) directly prior to maternity leave being taken (subject to PAYE taxation). This paid maternity leave may be taken as either 4 months at full pay based on the employee’s work status or 8 months at half pay. The employee will be requested to choose their preferred payment option in the maternity leave application. The payment option chosen on the maternity leave application will be final

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and once processed, no changes will be granted. The balance of maternity leave is unpaid unless the employee chooses to utilise any annual or long service leave entitlements, accumulated as at the final date of paid maternity leave.

Effect of maternity leave on employment

(a) The employee is entitled to return to the position held immediately prior to commencing maternity leave, or by mutual agreement, to a similar position of the same skills, status and remuneration, if the employee’s position no longer exists.

(b) To encourage employees to return to work following maternity leave, consideration will be given to employees wishing to change their work status e.g. from full time to part time employment. However, employees should note that it might not be possible to do so under their previous role and that the change in work status will impact their remuneration and benefits. Considerations will be based on the employee’s needs as well as those of the company hence it is important to note any requested changes are not guaranteed.


(d) In the event of a re-organisation it is important to keep the employee on maternity leave informed of the changes that are occurring to their work area. Communication must be regular ensuring that the individual understands the changes and any likely impact on their job. If their position no longer exists as a result of re-organisation, the position for the employee on leave is the same as the position of any other permanent employee.

(e) An employee taking maternity leave must not engage in any conduct inconsistent with their contract of employment with BP during the leave period.

Transfer to a safe job

If an employee is advised by a qualified medical practitioner not to continue her work duties due to illness or risks arising out of the pregnancy, a temporary transfer to new work duties may be possible until the commencement of maternity leave. In this case, employees should discuss options with their Line Manager and their HR Adviser.

If the company doesn’t think that it is reasonably practicable to transfer the employee to a ‘safe job’ then the employee may take paid leave immediately, concluding on the earliest of:

1 the end of the period stated in the medical certificate;

2 where the pregnancy results in the birth of a living child, the end of the day before the date of birth; or

3 where the pregnancy ends otherwise than with the birth of a living child, the end of the day before the end of the pregnancy.

Special maternity leave

If the pregnancy ceases unexpectedly, an employee is entitled to special maternity leave, until a qualified medical practitioner certifies the employee is fit to return to work.

Pregnancy related illnesses – Special Maternity Leave and Sick leave

Absences for pregnancy related illnesses prior to the scheduled commencement date for maternity leave may either be taken as special maternity leave or sick leave, depending upon the circumstances. Where sick leave is taken, this is to be done in accordance with the Company's sick

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leave provisions. Sick leave cannot be taken during maternity leave.

Time off for antenatal care

Employees may be granted time off for antenatal care but should endeavour to arrange it with minimal disruption to their work. If an employee works part-time, they should endeavour to make appointments for antenatal care outside working hours.

Company vehicles and maternity leave

If an employee is in receipt of a company operated lease car prior to maternity leave, the car stays with the role and is to be returned to the BU prior to commencing maternity leave. If the employee is in receipt of a novated lease car, the ongoing payments remain the responsibility of the employee during maternity leave.




If the employee returns to Part-Time employment (and was Part-Time prior to the commencement of maternity leave), they will return to the same car policy conditions as applied prior to their maternity leave.

Salary payments while on maternity leave

The employee’s salary will continue to be paid on the 15th of each month, for as long as the employee is entitled to payment, based on:

four months of paid maternity leave at the employee’s full rate of pay, or eight months at half pay; and

any accumulated annual or long service leave entitlements utilized during the maternity leave


Employees may utilise any accumulated annual or long service leave entitlements during the maternity leave period. Employees with in excess of 5 years service may, by mutual agreement with their Line Manager, be granted their pro-rata long service leave entitlement.

The total period of maternity leave (as reduced by any parental or other leave taken by the employee’s partner in relation to the birth of the child), annual leave and long service leave taken by the employee must not exceed 12 months.


Where it is essential for the employee to update or maintain specialist or technical skills required for the job, the Company will sponsor the employee to attend the appropriate training whilst on maternity leave.

At the Team Leader’s discretion, the Company may continue to reimburse employees for subscription fees to professional societies/ bodies to ensure employees are kept up to date with any technical or market developments which may affect their job during their leave period.

Superannuation

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Superannuation contributions will continue during the period of any paid maternity leave, including during any annual or long service leave taken during the maternity leave period. Defined benefits will continue to accrue during that period.

All contributions will cease during any unpaid maternity leave. Any unpaid maternity leave will not be deemed to be Special Leave as defined under the rules of the BP Superannuation Fund and therefore the membership period used for calculating defined benefits will exclude any period of any unpaid maternity leave. Defined benefits will therefore cease to accrue during unpaid maternity leave.

Any existing insurance cover provided to you by the BP Superannuation Fund with respect to Total and Permanent Disablement, Ill Health and Death continues during paid and unpaid maternity leave. Employees who are not members of the BP Superannuation Fund should confirm the impact of maternity leave upon any insurance cover with their chosen fund.

Refer to the Superannuation section on BPpeople for further details.


Employees on maternity leave are eligible to participate in any annual Share Plan offer and retain their BP Plus Staff card.


Employees on maternity leave will be entitled to a pro-rata VPP payment based on the period of time worked (including any paid leave taken) during the performance year.

Relocation benefits

Any transfer benefits currently being paid will need to be approved and discussed with the employee’s Line Manager and Human Resource Adviser.

Keeping in touch

(a) Employees are encouraged to keep in contact with their Team Leader and local areas while on maternity leave. This may be through attendance at local work groups, receipt of Company newsletters and videos, or working half days before returning to work on a permanent basis.

(b) It may also be possible to return for a period of part-time work before commencing full-time to assist with the transition back to work.

(c) Employees are able to retain their security passes whilst on maternity leave; however, ongoing building access will be deactivated for the duration of the maternity leave. Temporary access will be granted by Global Property Management and Services should the employee have reason to attend a work function, visit their Team Leader, etc. Employees with car parking access attached to their security pass prior to maternity leave will retain the same access.

(d) If the employee wishes to retain computer access to company email and Intranet facilities whilst on maternity leave there are 2 options.

Option 1. The employee may retain her current laptop and if required, the team can access the pool or purchase an additional laptop for the employee in their role.


Return to work

(a) Maternity leave legislation allows employees to make one change to their return to work date. BP

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shall endeavour to accommodate any subsequent changes to an employee’s return to work date however consideration will be based on the employee’s needs as well as those of the company. Therefore, it is important to note, any subsequent changes to an employee’s return date cannot be guaranteed.

(b) An employee must provide their Team Leader with 1 month’s written notice of her intended return to work date. The Team Leader will then notify HR Operations to arrange the appropriate letter of offer, including any agreed changes to employment conditions.

3 Links to other information on the Portal

Refer to BPpeople for hecklist to assist employee taking maternity leave

Refer to BPpeople for checklist for line managers with employees taking maternity leave

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Parental leave – Paternity

Purpose: BP’s parental leave policy details (paternity) Effective date: 15 October 2009 Policy owner: Policy Working Group Australia Version: 1.0

1 Introduction BP is committed to providing advice and support to employees before, during and after parental leave. The aim of this Policy is to enable the rights of an employee expecting a baby or adopting a child to be protected, as well as offer financial support for employees who take parental leave and to encourage their return to work.

2 Eligibility An employee is eligible for paternity leave if he is:

(i) permanently employed with BP and has a minimum of 12 months’ continuous service; or

(ii) (ii) an eligible casual employee (as that term is defined in the Workplace Relations Act 1996 (Cth)).

3 Policy

Paternity leave consists of

(i) Eligible employees are entitled to take one week of paid paternity leave, within the first month of the birth of the child. For shift workers the entitlement will be 1 shift round of paternity leave, as appropriate to their shift pattern and approved by the business unit.

(ii) long paternity leave (a single, unbroken period of unpaid leave, other than short paternity leave, taken by a male employee after his partner gives birth to a living child, so that the male employee can be the child’s primary caregiver).

An employee entitled to paternity leave may take short paternity leave, long paternity leave, or both, in accordance with this policy.

(a) Notice requirements for paternity leave:

(i) short paternity leave: the employee will provide, as soon as reasonably practicable on or after the first day of the period of leave, a completed paternity leave application form.

(ii) Long paternity leave: the employee will provide at least 10 weeks in advance of the expected date of commencement of paternity leave, a completed paternity leave application form, including the appropriate medical certificate and statutory declaration.

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(b) There is no minimum working period between each paternity leave of absence.

(c) Long paternity leave may not be taken concurrently with any parental or other leave taken by the employee’s partner in relation to the birth of the child. Short paternity leave may be taken concurrently with parental or other leave taken by the employee’s partner in relation to the birth of the child.

(d) The maximum period of paternity leave is 52 weeks (this period is inclusive of any annual or long service leave taken). Any parental or other leave taken by the employee’s partner in relation to the birth of the child reduces this period.

Effect of paternity leave on employment

(a) The employee is entitled to return to the position held immediately prior to commencing paternity leave, or by mutual agreement, to a similar position of the same skills, status and remuneration, if the employee’s position no longer exists.

(b) To encourage male employees who are the primary caregivers of their child/ren to return to work following long paternity leave, consideration will be given to employees wishing to change their work status e.g., from full time to part time employment. However, employees should note that it might not be possible to do so under their previous role and that the change in work status will impact their remuneration and benefits. Considerations will be based on the employee’s needs as well as those of the company hence it is important to note any requested changes are not guaranteed.


(d) In the event of a re-organisation it is important to keep the employee on paternity leave informed of the changes that are occurring to their work area. Communication must be regular ensuring that the individual understands the changes and any likely impact on their job. If their position no longer exists as a result of re-organisation, the position for the employee on leave is the same as the position of any other permanent employee.

(e) An employee taking paternity leave must not engage in any conduct inconsistent with their contract of employment with BP during the leave period.

Company vehicles and paternity leave

If an employee is in receipt of a company operated lease car prior to paternity leave, the car stays with the role and is to be returned to the BU prior to commencing paternity leave. If the employee is in receipt of a novated lease car, the ongoing payments remain the responsibility of the employee during paternity leave.




If the employee returns to Part-Time employment (and was Part-Time prior to the commencement of paternity leave), they will return to the same car policy conditions as applied prior to their paternity leave.


Employees may utilise any accumulated annual or long service leave entitlements during the paternity leave period. Employees with in excess of 5 years service may, by mutual agreement with their Line

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Manager, be granted their pro-rata long service leave entitlement.

The total period of paternity leave (as reduced by any parental or other leave taken by the employee’s partner in relation to the birth of the child), annual leave, and long service leave taken by the employee must not exceed 12 months.

Superannuation

Superannuation contributions will continue during the period of any paid annual or long service leave taken during the paternity leave period.

Defined benefits will continue to accrue during that period. All contributions will cease during unpaid paternity leave. Any unpaid paternity leave will not be deemed to be Special Leave as defined under the rules of the BP Superannuation Fund and therefore the membership period used for calculating defined benefits will exclude any period of any unpaid paternity leave.

Defined benefits will therefore cease to accrue during unpaid paternity leave. Any existing insurance cover provided to you by the BP Superannuation Fund with respect to Total and Permanent Disablement, Ill Health and Death continues during paid and unpaid paternity leave. Employees who are not members of the BP Superannuation Fund should confirm the impact of paternity leave upon any insurance cover with their chosen fund.

Refer to the Superannuation section on BPpeople for further details.


Where it is essential for the employee to update or maintain specialist or technical skills required for the job, the Company will sponsor the employee to attend the appropriate training whilst on paternity leave.

At the Team Leader’s discretion, the Company may continue to reimburse employees for subscription fees to professional societies/bodies to ensure employees are kept up to date with any technical or market development which may affect their job during their leave.


Employees on paternity leave are eligible to participate in any annual Share Plan offer and retain their BP Plus Staff card.


Employees on paternity leave will be entitled to a pro-rata VPP payment based on the period of time worked (including any paid leave taken) during the performance year.

Relocation Benefits

Any transfer benefits currently being paid will need to be approved and discussed with the employee’s Line Manager and Human Resource Advisor.

Keeping in touch

(a) Employees are encouraged to keep in contact with their Team Leader and local areas while on paternity leave. This may be through attendance at local work groups, receipt of Company newsletters and videos, or working half days before returning to work on a permanent basis.

(b) Employees are able to retain their security passes whilst on paternity leave, however, ongoing building access will be deactivated for the duration of the paternity leave. Temporary access will be granted by Global Property Management and Services should the employee have reason to attend a

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work function, visit their Team Leader, etc. Employees with car parking access attached to their security pass prior to paternity leave will retain the same access.

(c) If the employee wishes to retain computer access to company email and Intranet facilities whilst on paternity leave there are 2 options.

Option 1. The employee may retain his current laptop and if required, the team can access the pool or purchase an additional laptop for the employee in their role.


Application for Paid Paternity Leave

Application for paid paternity leave will soon be available via BPpeople.

In the meantime, please complete the paternity leave application form on BPpeople and submit to Payroll [email protected] or via internal mail at Elite

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Managing for improved performance

Purpose: BP’s policy on managing for improved performance Effective date: 21 October 2009 Version: 1.0

1 Relationship with other policies

In the circumstances whereby the employee is covered by a certified agreement or other registered workplace agreement that has a specific counseling and/or disciplinary procedure, this policy will be applied in conjunction with procedure in the applicable workplace agreement. In any area of inconsistency between the workplace agreement and this policy, the workplace agreement will prevail to the extent of the inconsistency, and in all other areas this policy will apply.

2 Eligibility This policy applies to all BP Australia employees.

3 Policy The Performance counseling process is the discussion and analysis of the expected level of work performance and the possible personal problems and issues which can affect an employee’s ability to achieve the required work performance. The process is an attempt to find solutions to improve on- the-job performance and help to overcome some of the barriers that are hindering the performance levels.

The focus is to help the employee restore their job performance to satisfactory levels

It is not to be judging or blaming

The outcome is to decide on a course of action & explain repercussions if action not taken

An outcome may be to refer an employee to professional treatment (e.g. doctors, legal & financial advisers) or further skill development such as training

High confidentiality will be maintained at all times

Issues which may be addressed include, but are not limited to:

The employee contravenes the terms and conditions of their employment contract

The employees performance does not comply with the rules and regulations applying to their specific work location

The employees conduct is harmful to their particular work location

The employees performance is unsatisfactory, inadequate or substandard

The employee contravenes company policy such as Code of Conduct

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This process is to be undertaken when coaching has failed to produce the required standard of performance.

4 Procedures and Processes The Team Leader in conjunction with the HR Adviser & Legal determines the level of seriousness and proceeds with formal counseling or, in the instance of serious misconduct, final warning or termination. The Team Leader must seek HR and legal advice where you are managing for improved performance with employees who are (among other things):

Suffering an impairment

Pregnant or parents

Of a minority racial background.

In all cases it is essential that employees’ performance be managed with reference to a comprehensive job description.

Counseling Session/ Verbal Warning

The following steps should be completed by the Team Leader, using the Employee Counseling form, in conjunction with the HR Adviser and Legal.

Team Leader guidelines for the formal counseling session

Allow the employee the opportunity to have a witness present:

Outline the reason for the counseling session/verbal warning and provide incident reports where applicable;

Be specific and focus on the problem, not the employee. Any key dates, previous discussions or agreements should be noted;

Provide the employee with the opportunity to respond. Consideration should be given to any mitigating factors and/or evidence raised by the employee;

Develop an action plan in conjunction with the employee, detailing the expected improvement required in performance or behaviour, and dates reasonable for improvement to be demonstrated;

Detail the support offered or required and who is responsible;

Ensure the employee is aware of the consequences of continued poor performance, ie progression to the next stage of process;

Set a review date, ie a timeframe appropriate in the circumstances as decided by HRA and team leader, however the employee should be informed this can be varied If other issues relating to the matter arise in the meantime;

Ensure the review date is scheduled for all parties;

Complete the Employee Counseling form, provide a copy to the employee and ask them to acknowledge the discussion and agreed outcomes by signing the form;

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Team Leader guidelines for the review

Review the agreed action plan at the agreed review date:

If performance has improved satisfactorily, conclude the discussions, set a date for any follow up review and ensure that regular reviews are held to keep the employee on track;

If no other review is required after this, revert to the review period as determined by the myPerformance (or other relevant) review processes;

If poor performance/behaviour has not improved to a satisfactory level and/or agreed action plan has not been met commence the next stage of the formal counseling process e.g. first to second written warning.

Disciplinary Interview/Written Warning

This is the second step in the counseling process. At times it may be necessary to progress either straight to the first written warning or a final written warning, depending on the severity of the incident

Team Leader guidelines for the formal Performance Improvement Session/written warning

The following steps should be completed by the Team Leader in conjunction with the HR Adviser & Legal

Allow the employee the opportunity to have a witness present; document the response. The Team Leader should also have a witness present, purely as an observer;

Outline the reasons for the interview and, where appropriate, provide supporting material and/or incident reports;

Advise the employee whether this is a 1st or 2nd written warning;

Allow the employee to respond. Consideration should be given to any mitigating factors and/or evidence raised by the employee;

Develop an action plan in conjunction with the employee, detailing the expected improvement required in performance or behaviour, and dates reasonable for improvement to be demonstrated. This should be provided in writing to the employee within 2 working days of the interview taking place;


Ensure the employee is aware of the consequences of continued poor performance, ie progression to the next stage of process;

Set a review date, ie a timeframe appropriate in the circumstances as decided by HRA and team leader, however the employee should be informed this can be varied if other issues relating to the matter arise in the meantime;

Complete the Employee Counseling form, provide a copy to the employee and ask them to acknowledge the discussion and agreed outcomes by signing the form.

Team Leader guidelines for the review

Review the agreed action plan at the agreed review date

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If performance has improved satisfactorily, conclude the discussions, set a date for any follow up review and ensure that regular reviews are held.

If no other review is required after this, revert to the review period as determined by the myPerformance, or other relevant, review process;

If poor performance/behaviour has not improved to a satisfactory level and/or agreed action plan has not been met commence the next stage of the formal counseling process

Second Disciplinary Interview/Final Written Warning

Allow the employee the opportunity to have a witness present. Document the response. The Team Leader should also have a witness present, purely as an observer;

Outline the reasons for the interview and review the previous counseling session and agreed objectives;

Advise the employee that this is the 2nd and final written warning;

Allow the employee to respond. Consideration should be given to any mitigating factors and/or evidence raised by the employee;

Develop an action plan in conjunction with the employee, detailing the expected improvement required in performance or behaviour, and dates reasonable for improvement to be demonstrated. This should be provided in writing to the employee within 2 working days of the interview taking place;


It is crucial that the employee is informed they have been given a number of opportunities to demonstrate performance improvement to the required standard. Failure to improve in the required time frame may result in the termination of their employment;

Set a review date, usually one month from the date of the session, however the employee should be informed this can be varied if other issues relating to the matter arise in the meantime;

Complete the Employee Counseling form, provide a copy to the employee and ask them to acknowledge the discussion and agreed outcomes by signing the form. Should an employee refuse to sign, a notation explaining why should be added.

Team Leader Guidelines for the review

Review the agreed action plan at the agreed review date.

If performance has improved satisfactorily, conclude the discussions, set a date for any follow up review and ensure that regular reviews are held.

If no other review is required after this, revert to the review period as determined by the myPerformance, or other relevant, review process

If poor performance/behaviour has not improved to a satisfactory level and/or agreed action plan has not been met, discuss with HR SD Manager, HRM, BUL or delegate and Legal prior to moving to dismissal.

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Termination of Employment Contract

Dismissal is the final step in the process and is only to be taken if the disciplinary procedure as provided in this policy has been invoked to change performance and/or behaviours, without reasonable improvement by the employee.

This process relates to an employee’s behaviour and performance. Terminations for summary dismissal or redundancy are treated differently by law. No employee is to have their employment contract terminated on the basis of summary dismissal or redundancy without prior reference to the HR Manager, BUL or delegate, and legal. Should the matter be serious and require immediate attention, the employee is to be suspended on full pay pending a full investigation.

This process is designed to satisfy the requirements of the Workplace Relations Act 1996. The Act considers the following:

Whether a valid reason existed for the termination, relating to the employers conduct, capacity or operational requirements for the employer;

Whether the employee was notified of the reason;

Whether the employee was given the opportunity to responds to the reason;

Whether the employee has been warned about unsatisfactory performance.

Team Leader guidelines for the review:

The employee should be advised that a meeting will be convened regarding their performance with reasonable notice (ie 24 hours);

The employee be advised that they may have a witness or representative available;

The team leader must have a witness to the process;

Outline the previous warnings and/or performance reviews;

Outline the inadequacy or failure to perform at the specified level since the previous review and provide incident reports where applicable;

On receipt of the response, consideration should be given to any mitigating factors that may alter the decision to terminate;

In the absence of any reasonable defence and/or mitigating factors, the employee is advised of termination. This can be confirmed in writing.

The notice period in the contract of employment or workplace agreement or Workplace Relations Act 1996 (which ever is the greater) is to be paid.

Summary Dismissal

No employee is to have their employment contract terminated on the basis of summary dismissal without prior reference to the HR SD Manager, HRM, BUL or delegate and legal. Should the matter be serious and require immediate attention, the employee is to be suspended on full pay pending a full investigation.

Links to other information on the Portal

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In addition to the policy, please refer to:

Employee Coaching form (to be used prior to Counseling sessions)

Employee Counseling form

Disciplinary Process Flowchart

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Study leave

Purpose: Outline of study leave entitlements Effective date: 21 October 2009 Policy owner: Policy Working Group Australia Version: 1.0

1 Policy

A maximum of 5 days per annum is available for the purposes of an employee registered under the Education Assistance program to complete assignments. Application is via BPpeople.

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84. APPENDIX D: MANNING REVIEW

Context

The Manning Review Team presented two potential shift structure models for consideration. From the two models (via SLT, SM’s, OCC and Ops acceptance vote), Model 1 was selected for progress. The shift structure contained within Model 1 contains up to 22 positions, detailed below.

2 x Shift Team Leaders ‐ South, North and Offsites 6 x Control Technicians ‐ Crudes, Mogas, Offsites Electronic, Offsites Pin, Cracker and Treatments (VDU2, Bitumen, Hydy 2 and Hydy 3, Flares, LPG, SGA, WWTP) 10 x OT positions ‐ CDU1, CDU2, CR3 Isom, Alky, Crew x 2, RCU 2, RCU4, Treatments North (VDU2, Bitumen, LPG, Flares) and Treatments South (Hydy 2, Hydy 3, SGA) 4 x RT Positions ‐ Offsites, WWTP, North, South

Not all new positions will necessarily be implemented. After each step (or combination of steps) has been implemented the company may elect to put in place hold points. This will allow assessment of benefits realised versus potential from subsequent phases. There is an expectation that there will be a hold point between implementing the full shift (day and night) structure and deciding progress and possibilities for the day support structure (RT’s), particularly in the North and South areas.

There is not necessarily a fixed order of implementation, some phases are expected to be independent of all others. There may, however, be a requirement to implement some phases or steps after others have been completed. It is expected that MOC’s for each step will identify any such barriers to progress.

It is an OCC expectation that the MOC’s that implement the Manning Review structure will:

Supersede MOC outcomes from Demanning Phases 1 to 4 and Kwinana First, across all areas.

Enhance consistency across areas.

To achieve these expectations the Manning Review MoC will review, and if appropriate and sensible incorporate elements of, prior demanning MoC’s.

The change from current to future structures involves the following phases and steps:

Phase A: place the additional Treatments position into the shift structure to cover

1. Hydy 2 2. Hydy 3 3. SGA

Phase B: Existing Treaments position (Lubes PT) loses Hydy 3 and gains the following areas:

4. LPG 5. Flares 6. WWTP walkthrough

Phase C: Existing Treatments board (Lubes CT) picks up the following areas of control:

7. Hydy 2 8. LPG 9. WWTP 10. SGA

Phase D: Review the day shift support structure and consider the implementation of the following positions or variations of:

11. RT North 12. RT South

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Objective (Destination Statement)

Operations shift structure moves towards the structure defined by the Manning Review and the Management of Change process delivers an outcome consistent with the Principles of The Agreement.

Scope and Notes

Each MoC phase will have clearly defined scope and boundaries and will be conducted via the applicable work group/s.

Recommended Resources and Roles (each MoC step)

MOC Sponsor: Operations Superintendent Development MOC Lead: (SM or STL assigned to relevant work group) Core Team Members: Work group representatives SMEs: Deliverables:

As needed.

Operations Manning moves to outcome decided by MoC processes. The full Manning review shift structure is detailed in the table below with positions most likely to be subject to hold points highlighted (*).

10 STL – North STL – South

80 OFFSITES CT CRACKER CT CRUDE CT

PINBOARD CT TREATMENTS CT

MOGAS CT

CREW – BLACK CRACKER 2 CDU1

CREW – WHITE CRACKER 4 CDU2

TREATMENT NTH ALKY2

TREATMENT STH CR3

15 RT OFFSITES RT NORTH*

RT SOUTH*

5 RT WWTP*

25 LEAVE RELIEFS at 5 per SHIFT

Timing:

To be developed during MoC processes.

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85. APPENDIX E: EXTRACT FROM 1992 AGREEMENT

Basis for Annualised Salary and Historical Reference

Below is an extract from the BP Oil (Kwinana) Refinery Operations Employees Award 1992 – AWU Appendix 2 on annualised salaries. This extract is included in this Agreement for historical purposes only to show how the annualised salary was originally calculated.

Appendix C is not to be used in this Agreement to determine Wages or Conditions as the relevant clause in the above award has been updated in a number of areas.

“The salary is based on an all inclusive rate most of which is pensionable. The variable performance incentive component and overtime component are not pensionable.

The all‐inclusive rate has been calculated on a neutral cost basis incorporating all present

allowances. This has been done by calculating the base wages earned by each employee classification and recalculating the new base rate, based on current standing within the new structure, then adding on an averaged allowance component.

The crux of the salary package is that it is a fixed amount per annum with an added performance element paid annually. It will be paid fortnightly with no variation for allowances, overtime or higher duties allowing both the employee and employer to budget more professionally for the future. The package puts the operations award employees in the top 10 percentile of salaried workers in Australia.

Annualised Salary

The annualised salary includes:

Pensionable

Shift Loading Component. Public Holiday Component. Restructuring Component. All other allowances (including ERG).

Not Pensionable

Overtime Component. Performance Incentive Component. Shift Loading Component

This remains at 0.33771 of the base rate.

Public Holiday Component

The average of the existing payments is equal to 0.087 of the base rate as calculated from the shift roster.

Overtime Component

For the life of the BP Oil (Kwinana) Refinery Operation Employees Award 1992 ‐ AWU, the fixed

average overtime component expressed as a percentage of the normal rostered hours of work at the overtime penalty rate is as follows:

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Year 1 - 8%x2 =16% Year 2 - 8.5% x 2 = 17% All process technicians will be rostered to work overtime as determined by the work Group.

Overtime may be necessary for the following work commitments: Shipping coverage on the jetties Unit start-ups and shutdowns impacting on profits as defined by PM Critical oil movements Critical path items on unit turnaround All other overtime requirements shall be determined by the work group within safe staffing limitations.

The fixed overtime component will be compared with the rolling average overtime statistics on a six monthly basis. For the purpose of comparison overtime worked will be recorded and compared with what it would have been under the method of working prior to this agreement.

All planned vacancies will be approved at least one month in advance by management.

Restructuring Component

A percentage of the base rate is to cover efficiencies over and above existing work practices resulting in increased productivity. The simple philosophy that underpins the whole concept is that a person should be able to complete whole tasks wherever practicable provided that it is "safe", legal and sensible and that the individual is competent. The efficiencies are as follows:

All past restrictive customs and practices now cease. This agreement replaces all existing agreements. Increased responsibilities are accepted as per new structure and performance standards included in appendices. Assessment criteria to be agreed within performance standards.

Fortnightly payment of the all‐inclusive rate.

Process technician certification re‐certification every 2 years.

Process technician boiler certification as required for area flexibility. Area manning strategy implemented. Blocked `U' day flexing. 4 hour training leave cover within shift.

Agreed process technician multi‐skilling performed in all respects.

Trades personnel crossover flexibility.

12‐hour shift elements adopted

Agreed laboratory work performed. Adherence to disputes/grievances procedure. Recognition of all outstanding work value cases and award changes. Performance Incentive Component All process technicians can earn a productivity of performance improvement pay element as described below:

Area Performance

Performance targets for safety, environmental, operations and loss will be established for at least three distinct areas of the refinery. All employees assigned to these process areas will be eligible for the performance pay element. The three areas are:

Area North Area Offsites (includes SGA) Area South

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Performance parameters are structured:

Table 1

AREA POTENTIAL

SAFETY

LTI NOS

AFR

TOTAL INJURIES

MAXIMUM 25 POINTS

ENVIRONMENTAL

ENVIRONMENTAL COMPLAINTS

AVOIDABLE SPILLS

MAXIMUM 25 POINTS

OPERATIONS

QUALITY (OFF SPEC PRODS) PROD. PERFORMANCE V PLAN INNOVATION

ABSENCES

MAXIMUM 25 POINTS

LOSS

CHEMICAL/CATALYST USE ENERGY HC/SLOPS EQUIP INC. FAILURE RELIABILITY MAJOR UNIT CONDENSATE RETURN

MAXIMUM 25 POINTS

TOTAL POINTS MAXIMUM 100 POINTS

REPORTED MONTHLY

DECEMBER 1 ‐ NOVEMBER 31 (12 MONTH PERIOD)

Performance Targets ‐ First 12 Months of Agreement

Annual performance targets will be established as follows:

Table 2

Payment

1% 2% 3%

Payment Target Range

% % %

Target Area

Safety (25 Total) Points

Loss Time Injuries. Reduction in 3yr average.

0 5

0 10

0 15

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Environmental (25 Total)

Points Controllable incidents leading to exceedances in permit limit reduction in 3yr average. Includes complaints and total prosecutions.

5 10 15

Operations (25 Total) Points

Controllable quality variance from

specification ‐ reduction in three yr

average incidence.Production

performance for all operations ‐ reduction in deviation from program on 3 yr average. Innovation such as cost saving or

product upgrading projects or ideas ‐ increase over 3 yr average.

5 5

10 10

15 15

Loss (25 Total) Points

Controllable energy as an improvement in Area POG. HC Loss and slops generation by

tanker or sewer ‐ reduction in loss and

slops collated. Equipment failure incidences reduced from 3 yr average. Area major process unit availability and utilisation improvement.

1 5 3 0.1

3 10 5 0.2

5 15 8 0.3

Other Guidelines

The sum of the total points accumulated in the area will determine the performance pay to be paid to all process technicians in that area. Partial year area assignments will be prorated according to day of arrival and departure.

<25 points ‐ 0 ‐

26 ‐ 55 points 1%

56 ‐ 80 points 2%

81 ‐ 100 points 3%

The performance element will be a one‐time payment each December 15 after 12 months of operating

with assigned targets. The payment will be the area earned percentage times the annualised base rate for each employee.

After one year of operation it is intended to set targets by shift in the same performance areas and provide the option to base the payments for performance on shift accumulated points for all employees assigned to the area and shift. Targets will be established such that each shift does not overlap or interact with other shifts in the same area.

Performance Targets ‐ Second 12 Months of Agreement Annual performance targets will be

established as follows:

Table 2

Payment

1% 2% 3% 4%

Minimum Target Range

% % % %

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Safety (25 Total) Points

Loss Time Injuries. Reduction in 3yr average.

0 4

0 8

0 12

0 16

Environmental (25 Total) Points

Controllable incidents leading to exceedances in permit limit - reduction in 3yr average. Includes complaints and total prosecutions.

4

8

12

16

Operations (25 Total) Points

Controllable quality variance from specification reduction in three yr average incidence. Production performance for all

operations ‐ reduction in

deviation from program on 3 yr average. Innovation such as cost saving or product upgrading projects or

ideas ‐ increase over 3 yr

average.

4 4 4

8 8 8

12 12 12

16 16 16

Loss (25 Total) Points

Controllable energy as an improvement in Area POG. HC Loss and slops generation

by tanker or sewer ‐ reduction in

loss and slops collated. Equipment failure incidences reduced from 3 yr average. Area major process unit availability and utilisation improvement.

1 4 2 0.05

2.5 8 4 0.1

4 12 6 0.2

5.5 16 8 0.3

Other Guidelines

The sum of the total points accumulated in the area will determine the performance pay to be paid to all process technicians in that area. Partial year area assignments will be prorated according to day of arrival and departure.

<20 points ‐ 0 ‐

21 ‐ 40 points 1%

41 ‐ 60 points 2%

61 ‐ 80 points 3%

81 ‐ 100 points 4%

The performance element will be a one time payment each December 15 after 12 months of operating with assigned targets. The payment will be the area earned percentage times the annualised base rate for each employee.

After one year of operation it is intended to set targets by shift in the same performance areas and provide the option to base the payments for performance on shift accumulated points for all employees assigned to the area and shift. Targets will be established such that each shift does not overlap or interact with other shifts in the same area.

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Averaged Allowances

All present allowances paid were aggregated for the whole of operations award personnel and evenly distributed amongst the award numbers:

The averaged allowance component shall be adjusted, by agreement, annually having regard to: Wage rate adjustments, and/or, Adjustments to allowances as prescribed in Clauses 17 and 18 and/or, Appropriate movements in the Consumer Price Index. Allowances paid were:

Travelling and Location Meal allowance Telephone call back ERG Clothing/footwear Kilometre allowance The majority of these allowances are fixed to an overtime payment and therefore can be evenly distributed when a fixed overtime component ensures overtime is worked evenly across the workforce.

The higher duties component of the wages bill was distributed between the PT6, PT5 and PT4 gradings, as this is where higher duties are worked. The PT7 salary package reflects the requirement for higher duties in a staff supervisory position.

The payments described in paragraph 7.1 of the AWU Refinery Emergency Service Agreement shown in appendix 6 shall lapse when salary payments in this agreement commence.

Special Services and Allowances

The Alky Clothing, Crew Leader and Fire and Safety call‐out supplemental payments for special

services are included in the category structure paid rates and as such shall lapse when salary payments in this agreement commence”.

Note: The above extract is for historical purposes only.

The 2007 Agreement has updated references to items such as flexi‐time and the company bonus

system.

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86. APPENDIX F: LABORATORY TECHNICIAN CLASSIFICATION STRUCTURE AND TRAINING MODULES

LABORATORY TECHNICIAN CATEGORY STRUCTURE This Category Structure is designed to facilitate the career path of the individual at the same time as meeting the business needs. It may vary from time to time by agreement with the parties concerned. As such the detail of the category structure can be seen in a working document Category Structure in the BP Documentum System.

Laboratory Technician 1 - LT1

An LT1 is an employee who is engaged as a laboratory technician trainee and who is being trained under full supervision to carry out the duties of the LT2 to the satisfaction of the Company.



1. Has completed the compulsory Modules 1, 2, 3, 4, 26 and 27.

2. Is familiar with Quality and Environmental policies and where to find them.

3. Can access Laboratory Safety, Quality and information files and folders both physically and electronically.

4. Has completed 1 of the units A,B,C, and D where:

Unit A = Has observed the sampling of A Jet and Motorspirit Tank;

B = Has observed the sampling of a product ship;

C = Has observed the Additive Injection into product pipelines; and

D = Has visited Kewdale Terminal.



1. Has completed training Modules 5, 6, 7, 8, 9, 10, 11, 12, 13, 20, 21 and 23.

2. Can work without close supervision. The employee would be fully familiar with the work flow in their area and would be able to take on the responsibility for organizing their routine workload.

3. Can assess the validity of their testing. Any result that appeared unusual or uncharacteristic would be investigated or taken up with the supervisor on their initiative.

4. Can communicate both verbally and electronically in a professional and efficient manner.

5. Has sufficient computer skills to carry out their duties as an LT3 including logging in samples for routine process testing.

6. Has completed 2 of the units A,B,C, and D where:

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An LT4 is an LT3 who in addition,

1. Has successfully completed THREE of the following modules:

Module 14, Module 15, Modules 16 & 17 together, Modules 18 & 19 together, Module 22, Module 24, Module 25, Module 28, Module 32, Module 33, Module 35, Module 44, Module 46, Module 50

2. Has EITHER:

Commissioned an instrument from scratch and hence is assigned that instrument to look after; or

Has attained Advanced Trouble shooting skills with a reasonably complex instrument and accepts that instrument as their responsibility to look after it when it comes to maintenance and calibration.

3. Can identify suspect results instantly and rectify them with little or no help from others.

4. Has written up 5 procedures OR commissioned a published method of test.

5. Successfully carried out trouble shooting of unusual or suspect results or equipment failures without supervision.

6. Has sufficient computer skills to carry out their duties as an LT4 including logging in unusual or non‐ routine samples.

7. Has completed 3 of the units A, B, C, and D where:





8. Can train others where required in the tasks in which they are proficient.



1. Is willing and able to assume the major accountability for a work related activity approved by the Laboratory Management.

Example Accountabilities/Modules include, but are not limited to, the following:

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Module 29 – CFR Advanced Maintenance

Module 31 – GC Advanced Maintenance

Module 34 – FTIR and Infra Red Instrument modelling

Module 37 – Annual Calibrations

Module 38 – Atomic Absorption Methodology and standardization

Module 39 – X-Ray methodology or Site X‐ Ray specialist

Module 40 – ICPMS/NATA correlation scheme administrator

Module 41 – Specialist LIMS Administrator

Module 42 – Antek Sulphur specialist

Module 45 – Marketing Specialist Role – Relief Cover

Module 47 – Durabilities testing organisation and administration

Module 48– Laboratory Representative for Health & Safety or Union

2. Has successfully completed FIVE of the following modules:-

Module 14, Module 15, Modules 16 & 17 together, Modules 18 & 19 together, Module 22, Module 24, Module 25, Module 28, Module 30, Module 32, Module 33, Module 35, Module 43, Module 44, Module 45, Module 46, Module 48, Module 49, Module 50.

3. Has completed all of the units A,B,C, and D where:





4. Has completed 2 of the following;

i. Advanced troubleshooting of equipment failure; and unusual/suspect test results;

ii. EITHER:

a) Prepare Shipping Documentation, including the preparation of Shipping Files; or

b) Issue and distribute Aviation Product Clearance Certificates (APCC’s) and Marketing Reports where appropriate.

iii. EITHER:

a) Review and update of Methods of Tests; or

b) Has written 10 procedures and/or methods of test for the Laboratory.

iv. Is an Area Expert and can train personnel in that area in a safe and efficient manner e.g. CFR Major Maintenance.

5. Has sufficient computer and personal skills to carry out their duties as an LT5.

Laboratory Coordinator – LT6

A Coordinator is someone who has attained the LT5 level and has been appointed by the Company.

The role of the Coordinator is:

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1. To sufficiently manage the shift resources on a rostered shift day/afternoon i.e. Personnel, work allocation and short term TOIL, up to 1 day.

2. Ensure personnel comply with the Health and Safety requirements of the Refinery.

3. Prioritise testing, both scheduled and unscheduled to meet the business needs.

4. Prioritise calibrations accordingly.

5. Make “out of hours” decisions and provide advice to Operations with regard to trouble shooting ADHOC situations.

6. Generate and distribute Certificates of Quality and Test Reports through LIMS and Ecq using OLC and online blending/analysers where appropriate.

7. Ensure Environmental Compliance with respect to appropriate procedures and documentation.

8. Issue and distribute Aviation Product Clearance Certificates (APCC’s) and Marketing Reports where appropriate.

9. Coordinate the Maintenance Contractor’s daily priorities e.g. Equipment failure, routine calibrations.

10. Check Resources and Material levels of stock e.g. consumables, reagents and solutions and ensure adequate supply to meet the Lab’s needs.

11. Record work requests.

12. Attend Production Meetings and represent the Lab at Refinery meetings as and when appropriate.

13. Liaise with:

Internal and External customers

SMs, STLs , SOTLs, Boardmen/CTs, Terminals

14. Manage paperwork/data entry of work performed, including checking results and calculations.

15. Bring problems to the attention of appropriate Laboratory Management when required.

16. Keep track of RFA’s, Test Runs and Mass Balances’ testing progress.

17. Arrange “overtime/call outs” for out of hours testing, especially on weekends, public holidays or after 5 pm.

18. Perform Building and Security checks at the beginning and end of each shift.

19. Prepare Shipping Documentation, including the preparation of Shipping Files.

20. Distribute Shipping C’s of Q to Oil Accounts, Surveyors and the customer in a timely fashion.

21. In addition each Coordinator will be expected to have at least one area of accountability or Specialisation as defined in LT5.

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LABORATORY CATEGORY STRUCTURE TRAINING MODULES

LT2 training modules

Module 1 * Routine Environmental Sampling

Module 2 * Motors spirits and components Product Release testing (except for CFR)

Module 3 * Gas Oil Product Release testing

Module 4 * Fuel Oil Product Release testing

Module 26 *

Laboratory housekeeping

Data tabulation and entry into the Laboratory Information System

Module 27 * Relevant Company Safety courses

Module 36 (optional) Refinery Information Course

* = compulsory for that category


Module 5 * Jet Fuel Product Release testing

Module 6 * Avgas Product Release testing

Module 7 * Bitumen Product Release testing

Module 8 * Production Routine Process Testing –CDU’s

Module 9 * Production Routine Process Testing – Hydrofiners

Module 10 * Production Routine Process Testing – Alky/CR3/Isom

Module 11 * Production Routine Process Testing – RCU

Module 12 * Production Routine Process Testing – Caustics, Waters, and Sour Waters

Module 13 * Production Routine Process Testing – Merox/DRDF Jets and PPU1 and 2 Merox and Lean Amine streams

Module 20 * LPG Product Release Testing

Module 21 * Daily Gas Analysis – i.e. Net Gas and Refinery Fuel Gas

Module 23 * Daily and Weekly Calibrations

* = compulsory for that category

187



Module 14 CFR Motorspirit testing

Module 15 CFR Avgas Lean Mixture testing

Module 16 Motorspirit Periodical and Frequency testing

Module 17 Fuel Oil Periodical and Frequency testing

Module 18 Gas Oil Periodical and Frequency testing

Module 19 Bitumen Periodical and Frequency testing

Module 22 Gas Analysis weekly and monthly testing Including Mass Balances

Module 24 Monthly and 3 Monthly Calibrations

Module 25 6 Monthly Calibrations

Module 28 CFR Basic Maintenance

Module 32 Routine Marketing Testing

Module 33 HF Acid testing and Alkylation Sampling

Module 35 Advanced Sour Water Testing

Module 44 GC Lab Calibrations

Module 46 Durability Testing

Module 50 LPG Periodical and Frequency Testing


Module 14 CFR Motorspirit testing

Module 15 CFR Avgas Testing (not including Supercharging)

Module 16 Motorspirit Periodical and Frequency testing

Module 17 Gas Oil Periodical and Frequency testing

Module 18 Fuel Oil Periodical and Frequency testing

Module 19 Bitumen Periodical and Frequency testing

Module 22 Gas Analysis weekly and monthly testing Including Mass Balances

188


Module 24 Monthly and 3 Monthly Calibrations

Module 25 6 Monthly Calibrations

Module 28 CFR Basic Maintenance

Module 29 CFR Advanced Maintenance

Module 30 GC Basic Maintenance

Module 31 GC Advanced Maintenance

Module 32 Routine Marketing Testing

Module 33 HF Acid testing and Alkylation Sampling

Module 34 FTIR Modelling

Module 37 Annual Calibrations

Module 38 Atomic Absorption Methodology and standardization

Module 39 X‐Ray methodology or Site X‐Ray specialist

Module 40 ICPMS correlation scheme administration

Module 41 Specialist LIMS administrator

Module 42 Antek Sulphur specialisation

Module 43 CFR Supercharging

Module 44 GC Calibrations

Module 45 Marketing Specialist ‐ Relief Cover

Module 46 Bitumen Durability Testing

Module 47 Area of accountability for Durability Testing

Module 48 Laboratory Representative for H&S or Union

Module 49 Advanced Production Testing

Module 50 LPG Periodical and Frequency Testing

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Laboratory Co-Ordination Technician (LT6)

Any Relevant Training Course required to carry out the duties listed for an LT6 and authorised by management.

MODULES LISTED IN NUMERICAL ORDER

Module No DESCRIPTION (refer to working document in BP Documentum for full details)

1 Routine environmental sampling

2 Mogas and component testing (except for CFR Testing)

3 Gas oil product release testing

4 Fuel oil product release testing

5 Jet fuel product release testing

6 Avgas product release testing (except for CFR testing)

7 Bitumen product release testing

8 Production Process testing CDU

9 Production Process testing Hydrofiners

10 Production Process testing Alky / CR3 / Isom

11 Production process testing RCU

12 Production process testing caustics/waters/sour waters

13 Production Routine Process Testing – Merox/DRDF Jets and PPU1 and 2 Merox and Lean Amine streams

14 CFR Mogas testing

15 CFR Avgas Lean Mixture testing

16 Mogas Periodical and Frequency testing

17 Fuel oil Periodical and Frequency testing

18 Gas oil Periodical and Frequency testing

19 Bitumen Periodical and Frequency testing

20 LPG routine testing (including PPU’s C3 and C4 S testing)

21 Daily Gas Analysis – i.e. Net Gas and Refinery Fuel Gas

22 Weekly and Monthly Gas analysis testing including Mass Balances

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23 Daily/weekly calibrations

24 Monthly and 3 Monthly calibrations and solution making

25 6 Monthly calibrations

26 Lab housekeeping/Data handling

27 Company safety and Lab safety courses

28 CFR Basic Maintenance

29 CFR Advanced Maintenance

30 GC Basic maintenance

31 GC Advanced maintenance

32 Routine Marketing Testing

33 HF Acid testing and Alkylation sampling

34 FTIR Modelling

35 Advanced Sour Water testing

36 Refinery Information Course

37 Annual Calibrations

38 Atomic Absorption Methodology and standardization

39 X-Ray methodology or Site X-Ray specialist

40 ICPMS correlation scheme administration

41 Specialist LIMS administrator

42 Specialist Antek Sulphur

43 CFR Supercharging

44 GC Lab Calibrations

45 Marketing Specialist Role – relief cover

46 Durability Testing

47 Durability Area of accountability

48 Advanced Marketing Testing

49 Advanced Production Testing

50 LPG Periodical and Frequency Testing

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