Proposed Batchfire Callide 2017 EBA...2017/12/06 · • Batchfire Callide Management Pty Ltd and...

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Proposed Batchfire Callide 2017 EBA

TERMS OF THE AGREEMENT– WHAT CHANGES AND WHAT STAYS THE SAME

The presentation provides a summary of the key clauses in the agreement and highlights which clauses have changed and which

stay the same. Employees must ensure that they refer to the proposed agreement to understand the detail of each clause.

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• Batchfire Callide Management Pty Ltd and your bargaining representatives have been regularly meeting about the proposed enterprise agreement since 18 May 2017

• To date there have been 11 meetings with bargaining representatives

• We discussed a range of matters and claims, with your reps over that time

• We wish to propose a new agreement, to replace the current agreement, that will provide stability and certainty around the terms and conditions offered to employees over the next two years, which is the proposed term of the agreement

• The new agreement is effectively a “rollover” of the existing agreement with a small number of changes including legislation, payments, company name changes and other bargaining outcomes

• Employees eligible to vote on the proposed agreement are employees of Batchfire Callide Management P/L, who are eligible to be members of the CFMEU, AMWU or CEPU and who are employed in the classifications of:

– Production Employee Levels 1 to 3; and– Engineering Employee Levels A to C,

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Introduction

• The terms of the current agreement have been retained, except;

– To reflect proposed “one-off” payments and pay rate/site allowance increases for this agreement and the corresponding increases in roster allowance and superannuation payments

– To reflect the Easter Sunday public holiday

– To reflect where changes to legislation have occurred since the last agreement was made including changes to:

➢ Recovery of money owed by an employee on termination of employment

➢ Consultation provisions around changes to hours of work and rosters

➢ Provisions for use of personal carers leave, during periods under workers compensation entitlement

➢ Payment of Personal/Carers leave upon “Cashing Out”

➢ Parental leave provisions where employees are members of an “employee couple”

➢ Community Services leave provisions

➢ Individual Flexibility Agreement termination

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Summary of Agreement

Two one-off (gross) payments will be paid to employees under the Agreement:• a one-off gross payment of $1,000 payable seven days after the Agreement is approved by a majority of Employees

who cast a valid vote ;

• a one-off gross payment of $500 on 1 July 2018.

The proposed agreement provides for the following increases to base rates:• Year 1 – 0%.

• Year 2 – 1% (effective 1 January 2019).

The proposed agreement provides for the following increases to the Site Allowance and Roster Allowance:• Year 1 – 0%.

• Year 2 – 1% (effective 1 January 2019).

These one-off gross payments and base rate increases are in recognition of outcomes of bargaining, including, employees operating and providing breakdown coverage for Dragline, Coal Handling Plant and Train Loadout operations, during the communication meetings referred to in clause 21.2 of the Agreement (communication meetings are for a maximum of three hours duration, inclusive of travel to and from the Minesite). Workplace representatives will be released and paid if rostered to attend the monthly communication meetings.

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One-off payments and changes to pay rates

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Proposed EBA Changes - 1

Clause Clause title Change

1. Title Updated to the Callide Mine Union Enterprise Agreement 2017.

2. Duration Updated to provide for a two year nominal expiry date.

3. Parties Bound & Application Updated to cover the Company and employees of the Company who are eligible to be members of the CFMEU, AMWU or

CEPU and who are engaged in the classifications of Production Employee Levels 1 to 3 and Engineering Employee Levels A to

C. The Agreement also covers the CFMEU, the AMWU and the CEPU.

4. Comprehensive Agreement No change.

This clause provides that the Agreement forms the complete agreement between the Company and the employees, save

only for employees' employment contracts. The Agreement operates to the exclusion of the Black Coal Mining Industry

Award 2010 and all other industrial instruments. This means that, during the operation of the Agreement, none of these

other industrial instruments apply.

5. No Extra Claims No change.

This clause provides that no parties to the agreement will pursue extra claims for changes in relation to matters dealt with

by the Agreement, during its nominal term.

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6. Termination of this Agreement No change.

This clause provides that the Agreement remains in force for the two year nominal term unless terminated or varied by

mutual agreement between the parties.

7. Definitions This clause sets out the definitions of terms used throughout the Agreement.

Updated to include reference to the "Fair Work Commission" and to "Batchfire Callide Management Pty Ltd".

8. Contract of Employment

(including basis of employment;

recruitment and selection;

duties; policies and procedures;

commitment to site safety and

zero harm; stand down; and

performance reviews)

No change.

This clause provides that employees may be employed on a full-time weekly basis, temporary full-time weekly basis, fixed

term production trainee basis or casual basis (for engineering employees only).

Recruitment and selection decisions for new employees will be based on merit and undertaken with the involvement of up

to two employees from the relevant workgroup. However, the final decision rests with management.

This clause also explains:

(a) the general duties of all employees covered by the Agreement;

(b) the application of Company policies and procedures, and consultation requirements with respect to variations to the

Personal Protective Clothing policy, Housing Scheme policy, Transport policies and Incentive Bonus Scheme Policy;

(c) measures taken to ensure "Site Safety and Zero Harm";

(d) the circumstances in which the Company may stand down an employee without pay as a result of refusal of duty,

neglect of duty, misconduct, a breakdown of machinery or a stoppage of work for any cause for which the Company

cannot be held reasonably responsible for; and

(e) that employees must actively participate in performance reviews.

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8.7. Termination of Employment Updated to delete reference to the Company recovering owed monies from an employee's "accrued entitlements".

This clause explains that employment may be terminated:

(a) on one week's notice in writing by either party (or such longer period as required by the Fair Work Act);

(b) by the Company where the employee has "abandoned" their employment (ie, the employee has been absent from

work without authorisation or sufficient explanation for at least 72 hours);

(c) without notice by the Company for serious misconduct.

9. Employee Classifications No change.

Employees may be employed in the following classifications:

(a) Production Employee Levels 1 to 3;

(b) Engineering Employee Levels A to C.

The clause also explains how employees progress from one level to the next.

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10. Production Trainees No change.

The clause provides that the Company may employ up to eight production trainees per year. The clause also sets out:

(a) production trainee wage rates, as a percentage of the base hourly rate, total salary of a Production Employee Level 1;

and

(b) the provision of a one-off $7,500 payment to production trainees on completion of their traineeship after either 12

months or 24 months.

11.1. Base Salary Base rates to be increased by 1% from 1 January 2019.

11.2. Roster Allowance

Roster Allowance to be increased by 1% from 1 January 2019.

The Roster Allowance covers any additional hours contained within the roster, weekend work, shift work, the roster factor

and public holidays worked as part of the roster. The Roster Allowance is set out in Appendix 1 to the Agreement. Where a

new roster is introduced that is not otherwise in Appendix 1, the Roster Allowance is calculated by reference to clauses

11.2.1 to 11.2.5.

11.3. Site Allowance Site Allowance to be increased by 1% from 1 January 2019.

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11.4 to

11.13

and

11.15.

Total Salary; Relief Supervisor

(Production Only); Non

Rostered Overtime; Working

on non-rostered Public

Holidays; Call-Back;

Attendance for Company

Business on Rostered Days

Off; First Aid Allowance;

Electrical Licence Allowance;

Emergency Response Team

Allowance; Payment Details;

and Salary Sacrifice

No change.

Under clause 11.4, the Total Salary remains the sum of the Base Salary, the Roster Allowance and the Site Allowance. This

amount is then divided by the number of pay periods within a calendar year and paid in accordance with the pay cycle

including for all forms of paid leave.

The clause also explains the additional payments/allowances/time off in lieu provided to employees when they:

(a) relieve a supervisor for one or more full shifts;

(b) work in excess of rostered hours;

(c) are required to work hours on a public holiday that have not been included as a working shift in their annual

salary;

(d) are recalled back to work after leaving the mine;

(e) attend training, meetings or other bona fide company business on a rostered day off;

(f) undertake first aid duties;

(g) are required to hold an electrical licence; and

(h) are appointed to the emergency response team.

Employees may enter into a salary sacrifice arrangement in accordance with applicable policy.

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11.14 Superannuation Payments Updated to provide that the Company will pay superannuation contributions of the greater of:

(a) 9.5% of an employee's Total Salary; or

(b) the amount of:

(i) one fifty-second of $11,960 ($230) per week from the commencement of the Agreement.

(ii) one fifty-second of $12,064 ($232) per week from 1 January 2019.

11.16 One-off payments (a) A one-off gross payment of $1,000 payable seven days after the Agreement is approved by a majority

of Employees who cast a valid vote.

(b) A one-off gross payment of $500 on 1 July 2018.

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Proposed EBA Changes -7


12. Hours of work (including

rostered ordinary hours;

rostered hours; change of

shift; overtime; starting and

finishing places; crib time; and

ten hour break

No change.

This clause provides:

(a) that the ordinary hours of work are an average of 35 hours per week;

(b) that the rostered hours of work may include reasonable overtime (Rostered Overtime Hours);

(c) the process for moving 5 day week roster employees, weekend, 6 or 7 day roster employees to different positions

in their shift roster;

(d) the process for varying the number, length and spread of shifts;

(e) the overtime rates payable to employees who normally work on day shift only and who are required to temporarily

work shift work, afternoon or night shift;

(f) the starting and finishing places of work (workshop for Engineering Employees and the muster area for Production

Employees);

(g) that employees receive a 30 minute crib break (counted as time worked) if they work less than or equal to 10.5

hours; and two 30 minute crib breaks (counted as time worked) if they work more than 10.5 hours up to 12.5

hours;

(h) that the Company shall not allow employees to work without having had ten consecutive hours off duty between

work on successive days.

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Proposed EBA Changes - 8Clause Clause title Change

13. Use of Contractors (including

decision to utilise; and

contractor rates)

No change.

This clause provides that:

(a) the Company shall utilise contractors and Original Equipment Manufacturers when it deems necessary, and by reference to

the factors set out in the clause;

(b) within reason, the Company will consult and keep workplace representatives informed of contract works;

(c) the Company will ensure that persons engaged as contractors receive wages and conditions that are no less than those

provided by the Black Coal Mining Industry Award 2010.

14. Use of Production

Supplementary Labour

(including decision to utilise;

and production

supplementary labour rates)

No change.


(a) the Company shall utilise supplementary labour when it deems necessary, and by reference to the factors set out in the

clause;

(b) the Company will consult and keep workplace representatives appropriately informed of work to be performed by

supplementary labour;

(c) the Company will ensure that persons engaged as supplementary labour receive wages and conditions that are no less than

those provided by the Black Coal Mining Industry Award 2010.

15. Consultation Updated to include requirements for consultation about changes to rosters or hours of work.

The clause provides that:

(a) where the Company has made a definite decision to introduce major changes in production, program, organisation,

structure or technology that are likely to have significant effects on employees, it shall notify and discuss relevant

information about the changes with the employees who may be affected by the proposed changes, and the workplace

representatives;

(b) where the Company proposes to change an employee’s regular roster or ordinary hours of work, the Company must consult

with the employee or employees affected and their representatives, if any, about the proposed change.

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Proposed EBA Changes - 9Clause Clause title Change

16 Grievance Procedure (including

continuation of work and

procedure)

No change.

This clause sets out the procedure for raising grievances, disputes or claims arising out of the application of the Agreement

or the National Employment Standards.

The process is as follows:

(a) the matter is first to be discussed between the employee, the employee's workplace representative and their

immediate supervisor;

(b) if the matter remains unresolved, it is referred in writing by the person raising the grievance for discussion

between the employee, the employee’s workplace representative and the relevant process coordinator or their

representative;

(c) if the matter remains unresolved, it is referred for discussion between the employee, the employee’s workplace

representative and the relevant department manager or their representative;

(d) if the matter remains unresolved, it is referred to an official or employee of the employee’s union, and senior

Company officials for resolution;

(e) if the matter remains unresolved, it is referred to the Fair Work Commission or court of competent jurisdiction.

By agreement between the parties all or any of the steps c) or d) may be bypassed.

Whilst the above process is being followed, work continues in accordance with the reasonable work directions of an authorised

Company representative, within the employee’s recognised skills competence and training, and in accordance with safe

working practices.

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17.1. Recognised Public Holidays Updated to include Easter Sunday as a day recognised as a public holiday.

17.2 to

17.4.

Public Holidays (transfer of

Recognised Public Holidays;

Payment; and Notice of Public

Holidays to be Worked)

No change.


(a) agreement may be reached between the Company and the majority of employees affected to observe any holiday

other than the days prescribed in clause 17.1;

(b) the payment for each recognised public holiday is contained in the Total Salary;

(c) employees rostered to work on public holidays will work all public holidays for which they are rostered, except

Christmas Day and Boxing Day (which may be worked by employees on a voluntary basis).

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18.1 Annual Leave No change.


(a) that employees who work 7 day rosters, and rosters that require the employee to work public holidays and not less

than 272 ordinary hours per year on Sundays – accrue 210 hours of annual leave per year;

(b) that employees who work any other roster – accrue 175 hours of annual leave per year;

(c) that employees may take their annual leave entitlement in blocks of no less than one week, inclusive of rostered

days off and other non-working days, except that no more than five single days of annual leave may be taken in

any January to December period;

(d) the circumstances in which an employee's annual leave will and won't be deducted from their annual leave

entitlement for public holidays falling within a period of annual leave;

(e) the payout of accrued annual leave on termination of employment;

(f) the taking of annual leave during shut downs;

(g) the rate at which annual leave is paid - the greater of the employee’s Total Salary Rate or the Base Salary rate plus

a loading of 20%.

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18.2,

18.2.1;

18.2.2

to

18.2.6.

Personal/Carer's Leave

(amount of persona/carer's

leave; notification;

deductions from accruals;

proof of illness or injury;

payment on termination of

employment; and salary

sacrifice arrangements)

No change.


(a) that on commencement of employment an employee is credited 105 personal/carer’s leave hours (3 weeks

multiplied by the ordinary hours per week);

(b) that on each anniversary date of the employee’s employment, they are credited with a further 105 hours of

personal/ carer’s leave;

(c) that personal/carer's leave is paid at the employee's Total Salary Rate;

(d) the notification and evidentiary requirements for the taking of personal/carer's leave;

(e) the payout of accrued personal/carer's leave on termination of employment;

(f) that employees may transfer personal/carer's leave entitlements to their superannuation fund in certain

circumstances.

18.2.2. Personal/carer's leave not

to apply in addition to

workers' compensation

Deleted.

This clause provided that an employee was not entitled to paid personal/carer's leave for any period in respect of which they

were entitled to workers' compensation.

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18.2.7. Payout of Personal/Carer's

Leave Entitlement

Updated to provide that:

(a) the cashing out of personal/carer's leave will be at an employee's Total Salary Rate;

(b) any agreement between the Company and an employee with respect to the cashing out of personal/carer's leave

must be in writing.

This clause provides that an employee may cash out personal/carer's leave provided that their remaining balance is not less

than 350 hours and the payment is not contrary to the Company’s commercial interests.

18.3. Pressing Domestic Leave No change.

This clause provides that, subject to the approval of the relevant department manager, an employee absent from work

because of a family crisis is entitled to leave of up to one day on each occasion without loss of pay or leave entitlements.

18.4. Parental Leave No change to paid and unpaid entitlements:

(a) Employees are entitled to unpaid parental leave in accordance with the Fair Work Act.

(b) Employees are entitled to one week paid parental leave.

Updated to provide that, where an employee is a member of an "employee couple", they may take concurrent unpaid

parental leave of up to 8 weeks duration. This period can be taken in separate periods, but each period must not be shorter

than two weeks duration (unless the Company otherwise agrees).

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18.5. Compassionate Leave No change.

Employees are entitled to two days paid leave on each occasion where a member of their household or family contracts or

develops an injury or illness that poses a serious threat to their life, or dies.

18.6. Long Service Leave No change.

This clause:

(a) provides that employees accrue long service leave at the rate of 13 weeks for each eight years of continuous

service in the coal mining industry;

(b) explains the requirements for the taking of long service leave;

(c) provides that long service leave is paid at the Total Salary Rate;

(d) sets out the circumstances in which an employee's long service leave will and won't be deducted from their long

service leave entitlement for public holidays falling within a period of long service leave;

(e) explains the payout of accrued long service leave on termination of employment; and

(f) sets out the circumstances in which an employee may be given credit for prior service for the purposes of long

service leave accrual.

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18.7. Community Services & Jury

Service Leave

No change to Defence Force, emergency services and jury service leave entitlements:

(a) Employees may take up to two weeks paid leave per year for the purposes of Defence Force or emergency services

leave (subject to business requirements), in accordance with the terms of the clause.

(b) Employees required to attend jury service will be reimbursed the difference between their Total Salary and the jury

fees paid, upon provision of the appropriate documentation.

Updated to provide that community service leave is to be administered in accordance with the Fair Work Act.

19. Workers' Compensation No change.

This clause provides that employees receive workers' compensation in accordance with the Workers' Compensation and

Rehabilitation Act 2003.

20. Separation Provisions

(including separation process;

payment; and ex-gratia

payment)

No change.

This clause sets out:

(a) the process for reducing the number of permanent full time employees;

(b) the payments owing to a permanent full time employee whose position is made redundant;

(c) the ex-gratia payment made to employees whose employment terminates on the grounds of injury, ill health or

death.

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21. Workplace Matters (including

workplace representatives;

communication meetings;

leave and notice boards)

No change.

This clause explains:

(a) the role of workplace representatives;

(b) that each union is entitled to 12 paid communication meetings per year, which are held during rostered hours of

work;

(c) that each union has access to 16 paid days per year to attend to bona fide workplace matters;

(d) that notice boards will be provided for union notices.

22. Work Clothing No change.

This clause provides that the Company will supply working clothes, safety boots and prescription glasses to employees.

Damaged items will be replaced on a wear and tear basis.

23. Individual Flexibility This clause sets out the process by which the Company and an employee can enter into an individual flexibility arrangement

(IFA), varying the terms of the Agreement as it applies to that employee.

No change to the terms of the Agreement that can be varied through an IFA - ie, with respect to extending unpaid parental

leave and the utilisation of community service leave.

Updated to provide that both the Company or an employee can terminate an individual flexibility arrangement by giving no

more than 28 days notice to the other party.

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Appendix

1

Base Salaries, Roster

Allowances, Site Allowances

& Total Salaries

Updated

See Appendix 1 of the Agreement for updated figures for base salary, roster allowance, site allowance and total salary from

the commencement of the Agreement, and from 1 January 2019.

• Finalise the proposed agreement with representatives

• Send memo to employees setting out;– Time, place and methods of voting (ballot box at Mine muster areas and postal)

– Explanation of the agreement clauses and changes from existing agreement

– Internet links to copy of the agreement and associated documents on the Batchfire website

– Location of copies of the agreement and all of those documents around the minesite

• Make presentation to employees which provides explanation of agreement clauses and changes from existing agreement and voting process

• Place copies of the agreement and all materials associated with it at the two muster areas, and crib rooms

• Engage independent organisation (Australian Election Company) to conduct to ballot and postal voting and provide result

• Prepare forms F16 and F17 for lodgement with the application for approval

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What is the process for getting to a vote on the proposed EBA?

A copy of the proposed Callide Mine Union Enterprise Agreement 2017 is located on the

Batchfire Internet and will be provided at the Callide Southern & Boundary Hill muster areas

and the followings locations for your review;

• Boundary Hill ROM Crib Room

• Boundary Hill Workshop Crib Room

• Southern Maintenance Crib Room

• Trap Gully Crib Room

• The Bridge Crib Room

• Southern Bathhouse Crib Room

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Voting

• Black Coal Mining Industry Award 2010 (Award)

• Company policies and procedures

• National Employment Standards

• Fair Work Act 2009

• Position Descriptions

• Superannuation Guarantee (Administration) Act 1992 (Cth)

• Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2004 (Cth)

• Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth)

• Workers Compensation and Rehabilitation Act 2003 Qld

• Coal Mining Safety and Health Act 1999 (Qld)

• Coal Mining Safety and Health Regulation 2017 (Qld)

• Batchfire Callide Safety and Health Management System

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Items referenced in the proposed Enterprise Agreement are available for you to view at the noted locations and via links to the internet and Batchfire Website

• The Agreement will be approved if a majority of all employees who cast a valid vote decide to approve the Agreement.

• Australian Election Company have been engaged to conduct attendance voting sessions at an area adjacent to the bathhouses at both the Callide and Boundary Hill sites from Tuesday 19th December to Friday 22nd December 2017.

• Morning and afternoon sessions will be provided daily during this period at the times below. – 5.30 am – 7.30 am

– 5.30 pm – 7.30 pm

• Postal or electronic voting will be available only to employees who have “approved leave” on the site voting days. The postal and electronic voting will close Monday January 8th 2018

• An email will be sent to employees with approved leave who can elect for electronic or postal voting

• Votes will be collated and counted by Australian Election Company after the postal and electronic vote closes and results of the approval process will be notified to us on Monday January 8th 2018. A nominated bargaining representative will provide scrutineering of vote count process.

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Voting process

You will receive by mail;

• A memo setting out the voting process and how to access the proposed agreement and associated documents

• A Memo setting out a summary of the terms of the agreement and summary of changes against the existing agreement

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Batchfire Callide will provide information to you about the proposed EBA and voting, by registered mail

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Timetable

PROCESS: TIMING: 4-Dec 5-Dec 6-Dec 7-Dec 8-Dec 9-Dec 10-Dec 11-Dec 12-Dec 13-Dec 14-Dec 15-Dec 16-Dec 17-Dec 18-Dec 19-Dec 20-Dec 21-Dec 22-Dec 23-Dec 24-Dec 8-Jan

Finalize Drafts EA 1/12/2017

Finalize EBA/Presentation (Batchfire/Union) 4-5/12/2017

Site Presentation - Civic Centre 6/12/2017

Post Voting Notification Letter 6/12/2017

Site Distribution EA Docs, Policies , Voting

Process 6/12/2017

Access Period 7-17/12/17

Site Attendance Voting 19-22 Dec 17

Postal Vote Open

18/12/17 to

8/1/18

Votes Collated By Australian Election

Company 8/01/2018

Result Notifed 8/01/2018

Thankyou

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