Proposed Batchfire Callide 2017 EBA Callide Mine A unique opportunity 1
TERMS OF THE AGREEMENT – WHAT CHANGES AND WHAT STAYS TH THE SAME Th The presentation provides a summary ry of f th the key cla lauses in in th the agreement and hig ighlights whic ich cla lauses have changed and whic ich stay th the same. E Employees must ensure th that th they refer to th the proposed agreement to understand th the detail l of f each cla lause. 2
Introduction In • 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, 3
Summary ry of f Agreement • 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 4
One-off payments and changes to pay rates Two on one-off (gr 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 Sit ite e Allo llowance and Ros oster Allo llowance: • 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. 5
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. 6
Proposed EBA Changes - 2 Clause Clause title Change 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 No change. (including basis of employment; This clause provides that employees may be employed on a full-time weekly basis, temporary full-time weekly basis, fixed recruitment and selection; term production trainee basis or casual basis (for engineering employees only). duties; policies and procedures; Recruitment and selection decisions for new employees will be based on merit and undertaken with the involvement of up commitment to site safety and to two employees from the relevant workgroup. However, the final decision rests with management. zero harm; stand down; and This clause also explains: performance reviews) (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. 7
Proposed EBA Changes - 3 Clause Clause title Change 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. 8
Proposed EBA Changes - 4 Clause Clause title Change 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. 9
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