Black Coal Mining Industry Award 2010

Black Coal Mining Industry Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 21 June 2017 (PR592096,PR592258,PR593799).

Clause(s) affected by the most recent variation(s):

Current review matter(s):AM2014/47;AM2014/67;AM2014/190;AM2014/196;AM2014/197;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8; AM2016/15;AM2016/17

Table of Contents

[Varied by PR988356,PR994553,PR544668,PR546288,PR545966,PR582969,PR584077,PR588916,PR588916,PR592096]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. School-based apprentices

12. Employer and employee duties

13. Termination of employment

14. Redundancy

Part 4—Minimum Wages and Related Matters

15. Classifications

15A Mines Rescue Service Employees

16. Minimum wages and allowances

17. Overtime

18. Accident pay

19. Allowances

20. Superannuation

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work

22. Shiftwork

23. Rostering

24. Meal breaks—rostered hours

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave

27. Public holidays

Schedule A—Production and Engineering Employees

Schedule B—Staff Employees

Schedule C—Transitional Provisions

Schedule D—National Training Wage

Schedule E—Agreement to Take Annual Leave in Advance

Schedule F—Agreement to Cash Out Annual Leave

Schedule G—Agreement for Time Off Instead of Payment for Overtime

Schedule H—Mines Rescue Service Employees

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Black Coal Mining Industry Award 2010.

2. Commencement and transitional

[Varied by PR988356,PR542121]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect.

[2.4 varied by PR542121 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542121 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542121 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

      (a) on its own initiative;or

      (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

      (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

      (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994553,PR997772,PR503604,PR545966,PR588916]

3.1 In this award,unless the contrary intention appears:

[Definition of Act substituted by PR994553 from 01Jan10]

      Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994553 from 01Jan10]

      agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of award-based transitional instrument inserted by PR994553 from 01Jan10]

      award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

      base rate of pay means the rate of pay payable to an employee for their ordinary hours of work,but not including any of the following:

        ●loadings;

        ●monetary allowances;

        ●overtime or penalty rates;and

        ●any other separately identifiable amounts

[Definition of Commission deleted by PR994553 from 01Jan10]

      day (unless otherwise agreed by the employer and a majority of the employees affected) means a calendar day commencing at midnight on one day and concluding 24 hours later

[Definition of default fund employee inserted by PR545966 ppc 01Jan14]

      default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR545966 ppc 01Jan14]

      defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503604 ppc 01Jan11]

      Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503604 ppc 01Jan11]

      Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR994553,PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994553,PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994553 from 01Jan10]

[Definition of enterprise award-based instrument inserted by PR994553 from 01Jan10]

      enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

      mine means any open cut or underground coal mine,or any operation or establishment,in the black coal mining industry

[Definition of mines rescue service inserted by PR588916 ppc 22Dec16]

      mines rescue service means an entity which is established for the purpose of providing mines rescue activities,pursuant to relevant State legislation,within the black coal mining industry

[Definition of NAPSA deleted by PR994553 from 01Jan10]

[Definition of NES substituted by PR994553 from 01Jan10]

      NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

      non-working day means any day on which an employee by virtue of the employee’s roster is never rostered to attend for rostered hours of work

      ordinary hours means the hours required to be worked by an employee for the payment of their award classification rate

      ordinary week’s pay means the amount in the total payment column for the award classification rate in respect of 35 ordinary hours

      roster means any arrangement of rostered hours worked by an employee

      roster cycle means the period over which a roster repeats and an employee’s hours average 35

      rostered day off or RDO each mean any day on which an employee,by virtue of the employee’s roster,is not rostered to attend for rostered hours of work and does not include non-working days

      rostered hours means ordinary hours of work and rostered overtime

      rostered overtime means reasonable additional hours which are required to be worked by an employee as an integral part of the employee’s roster

      seven day roster employee means an employee,other than a six day roster employee who,over the roster cycle,may be rostered to work shifts on any of the seven days of the week

      six day roster employee means an employee who,over a roster cycle,is rostered to work shifts,the hours of which occur during any six consecutive 24 hour periods in a span of seven consecutive 24 hour periods. The roster must include a non-working period of at least 24 consecutive hours at the same time each week.

      standard rate means the minimum weekly wage for a Mineworker—Induction Level 2 in Schedule A—Production and Engineering Employees

[Definition of transitional minimum wage instrument inserted by PR994553 from 01Jan10]

      transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

[Varied by PR994553,PR531393]

[4.1 varied by PR531393 ppc 30Nov12]

4.1 This award covers:

      (a) employers of coal mining employees as defined in clause 4.1(b);and

      (b) coal mining employees.

        Coal mining employees are:

        (i) employees who are employed in the black coal mining industry by an employer engaged in the black coal mining industry,whose duties are directly connected with the day to day operation of a black coal mine and who are employed in a classification or class of work in Schedule A—Production and Engineering Employees or Schedule B—Staff Employees of this award;

[4.1(b)(ii) varied by PR588916 ppc 22Dec16]

[4.1(b)(iii) inserted by PR588916 ppc 22Dec16]

        (iii) employees employed by a mines rescue service.

4.2 For the purposes of this award,black coal mining industry has the meaning applied by the courts and industrial tribunals,including the Coal Industry Tribunal. Subject to the foregoing,the black coal mining industry includes:

      (a) the extraction or mining of black coal on a coal mining lease by means of underground or surface mining methods;

      (b) the processing of black coal at a coal handling or coal processing plant on or adjacent to a coal mining lease;

      (c) the transportation of black coal on a coal mining lease;and

      (d) other work on a coal mining lease directly connected with the extraction,mining and processing of black coal.

4.3 The black coal mining industry does not include:

      (a) the mining of brown coal in conjunction with the operation of a power station;

      (b) the work of employees employed in head offices or corporate administration offices (but excluding work in town offices associated with the day-to-day operation of a local mine or mines) of employers engaged in the black coal mining industry;

      (c) the operation of a coal export terminal;

      (d) construction work on or adjacent to a coal mine site;

      (e) catering and other domestic services;

      (f) haulage of coal off a coal mining lease (unless such haulage is to a wash plant or char plant in the vicinity of the mine);or

      (g) the supply of shotfiring or other explosive services by an employer not otherwise engaged in the black coal mining industry.

[NOTE substituted by PR531393 ppc 01Jan10]

      NOTE:The coverage clause is intended to reflect the status quo which existed under key pre-modern awards in relation to the kinds of employers and employees to whom those awards applied and the extent to which the awards applied to such employers and employees.

      An example of the types of issues and some of the case law to be considered when addressing coverage matters can be found in Australian Collieries Staff Association and Queensland Coal Owners Association –No. 20 of 1980,22 February 1982{Print CR2297} and in the Court decisions cited in this decision.

4.4 The award does not cover an employee excluded from award coverage by the Act.

[4.5 substituted by PR994553 from 01Jan10]

4.5 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.6 inserted by PR994553 from 01Jan10]

4.6 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[4.7 inserted by PR994553 from 01Jan10]

4.7 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.6 renumbered as 4.8 by PR994553 from 01Jan10]

4.8 Subject to clauses 4.1 and 4.2,where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

      NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR994553,PR542121]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

      (a) arrangements for when work is performed;

      (b) overtime rates;

      (c) penalty rates;

      (d) allowances;and

      (e) leave loading.

[7.2 varied by PR542121 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

      (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) substituted by PR994553 from 01Jan10;varied by varied by PR542121 ppc 04Dec13]

      (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

[7.4 substituted by PR994553 from 01Jan10]

7.4 The agreement between the employer and the individual employee must also:

      (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

      (b) state each term of this award that the employer and the individual employee have agreed to vary;

      (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

      (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

      (e) state the date the agreement commences to operate.

[7.5 deleted by PR994553 from 01Jan10]

[7.6 renumbered as 7.5 by PR994553 from 01Jan10]

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

[New 7.6 inserted by PR994553 from 01Jan10]

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure that the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542121 ppc 04Dec13]

      (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

      (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542121 ppc 04Dec13]

      Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542121 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542121 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

8.1 Consultation regarding major workplace change

      (a) Employer to notify

        (i) Where an employer 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,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

        (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

      (b) Employer to discuss change

        (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

        (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

        (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

8.2 Consultation about changes to rosters or hours of work

      (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

      (b) The employer must:

        (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

        (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

        (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

      (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

      (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

[Varied by PR994553,PR542121]

9.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[9.2 varied by PR994553,PR542121 ppc 04Dec13]

9.2 If a dispute about a matter arising under this award,or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[9.3 varied by PR994553,PR542121 ppc 04Dec13]

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[9.4 varied by PR994553,PR542121 ppc 04Dec13]

9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. School-based apprentices

12. Employer and employee duties

13. Termination of employment

14. Redundancy

10. Types of employment

[10.1 varied by PR994553 from 01Jan10]

10.1 An employer may employ an employee in any classification included in this award in any of the following types of employment:

10.2 Full-time employment

      A full-time employee is an employee whose average ordinary hours of work will be 35 hours per week.

10.3 Part-time employment

      (a) A part-time employee is an employee who:

        (i) works less than 35 hours per week;

        (ii) has reasonably predictable hours of work;and

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

      (b) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day.

      (c) Any agreed variation to the regular pattern of work will be recorded in writing.

      (d) All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 16.9(a)Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

      (e) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Black Coal Mining Industry Award 2010 and not the Miscellaneous Award 2010.

      (f) Overtime.

      (g) A part-time employee will be paid per hour 1/35th of the weekly rate prescribed for the classification,group or level on which the employee is engaged.

10.4 Casual employment

      (a) A casual employee is one engaged and paid as such.

      (b) A casual employee,for working ordinary hours,will be paid 1/35th of the appropriate weekly rate,plus 25% instead of the leave entitlements under this award,with a minimum four hours payment on each engagement.

11. School-based apprentices

[Varied by PR544668]

11.1 The terms of this award apply pro rata to school-based apprentices,except where otherwise stated. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this clause while also undertaking a course of secondary education.

[New clause 11.2 inserted by PR544668 ppc 01Jan14]

11.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

[11.2 renumbered as 11.3 by PR544668 ppc 01Jan14]

11.3 The minimum hourly wages for full-time apprentices as set out in this award apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

[11.3 renumbered as 11.4 by PR544668 ppc 01Jan14]

11.4 For the purposes of clause 11.3,where a school-based apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice is paid is deemed to be 25% of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over the semester or year.

[11.4 renumbered as 11.5 by PR544668 ppc 01Jan14]

11.5 A school-based apprentice is allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

[11.5 varied and renumbered as 11.6 by PR544668 ppc 01Jan14]

11.6 For the purposes of clause 11.5,off-the-job training is structured training delivered by a registered training organisation as specified in the training plan associated with the training contract which is separate from normal work duties or general supervised practice undertaken on-the-job.

[11.6 varied and renumbered as 11.7 by PR544668 ppc 01Jan14]

11.7 The duration of the apprenticeship is as specified in the training contract. The period so specified to which apprentice wages apply must not exceed six years.

[11.7,11.8,11.9 deleted by PR544668 ppc 01Jan14]

[New 11.8 inserted by PR544668 ppc 01Jan14]

11.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency based progression,if provided for in this award.

[New 11.9 inserted by PR544668 ppc 01Jan14]

11.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression,if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

[11.10 inserted by PR544668 ppc 01Jan14]

11.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

12. Employer and employee duties

12.1 An employee:

      (a) must perform work as reasonably required by the employer;and

      (b) must undertake training that the employer reasonably requires (which may include training to maintain their classification or acquire new competencies).

12.2 Where an employee does not perform work or undertake training in accordance with clause 12.1 the employee is not entitled to payment for that period.

12.3 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skills,competence and training consistent with the respective classification structures of this award provided that such duties are not designed to promote deskilling and provided that the duties are within safe working practices and statutory requirements.

13. Termination of employment

13.1 Notice of termination is provided for in the NES. This clause supplements the entitlement to notice of termination in the NES and provides industry specific detail.

13.2 Termination by employee

      An employee must give one week’s notice to terminate employment,or forfeit to the employer one week’s pay instead of giving notice.

13.3 Termination by employer

      This clause does not affect the right of the employer to dismiss an employee without notice for serious misconduct and in such cases the wages will be payable up to the time of dismissal only.

13.4 Notice of termination—redundancy

      Where termination occurs due to redundancy as defined in clause 14.2 the employee whose employment is terminated is entitled to a minimum of four weeks’notice of termination.

13.5 Payments on termination

      In the case of termination of employment,and in addition to any other amounts payable pursuant to this award to an employee on termination,the employee must be paid in accordance with this clause.

      (a) Accrued annual leave

        The employee must be paid for all annual leave entitlements,and annual leave accrued in accordance with clause 25.3,at the employee’s base rate of pay.

      (b) Accrued personal/carer’s leave

        (i) An employee whose employment is terminated:

          ●by retrenchment;

          ●by retirement at or after age 60;

          ●by the employer because of ill health;or

          ●by death;

          must,if the employee has 70 or more hours of untaken personal leave entitlement,be paid for that entitlement at the employee’s base rate of pay.

        (ii) When an employer terminates the employment of an employee during a period of absence on paid personal leave,the employee must be paid until the employee has no further accumulation of personal leave or until the employee is fit for duty,whichever occurs first.

14. Redundancy

[Varied by PR994553,PR542121,PR562586,PR589930]

[14.1 varied by PR994553 from 01Jan10]

14.1 The redundancy arrangements in this award are an industry-specific redundancy scheme and,as such,Subdivision B of Division 11 the NES does not apply.

14.2 Definition of redundancy

      (a) An employee is made redundant where an employee’s employment is terminated at the employer’s initiative:

        (i) because the employer no longer requires the job done by the employee to be done by anyone except where this is due to the ordinary and customary turnover of labour;or

        (ii) because of insolvency or bankruptcy of the employer.

      (b) This clause does not apply to employees engaged for a fixed term or a specified task.

14.3 Severance payment

      Except where clause 14.5 applies,when terminations occur due to redundancy the employees terminated are entitled to severance pay equal to one ordinary week’s pay for each completed year of employment.

14.4 Retrenchment payment

[14.4(a) substituted by PR589930 ppc 20Mar17]

      (a) Except where clause 14.5 applies,where redundancies occur due to:

        (i) technological change;

        (ii) market forces;or

        (iii) diminution of reserves,

        the employees terminated are entitled to retrenchment pay equal to two ordinary weeks’pay for each completed year of employment up to a maximum of 30 weeks’pay. This payment is additional to the payment prescribed in clause 14.3.

      (b) Regardless of length of employment,the minimum payment due to employees under clause 14.4(a) is two ordinary weeks’pay.

[14.4(c) deleted by PR562586 ppc 10Apr15]

[New 14.4(c) inserted by PR589930 ppc 20Mar17]

      (c) Despite clause 14.4(a),an employee who as at 20 March 2017 (the operative date) had more than 15 completed years of employment and after the operative date is made redundant will be entitled to retrenchment pay equal to two ordinary weeks’pay for each completed year of employment as at the operative date. This payment is additional to the payment prescribed in clause 14.3.

14.5 Exemption

      An employer is not liable for the payment in clauses 14.3 and 14.4 if the employer obtains,or causes to be made available for the employee,work:

      (a) that the employee is competent to perform;

      (b) in a position that carries the same or a higher classification rate of pay than the employee’s previous position;

      (c) that can reasonably be regarded as permanent;and

      (d) allows the employee to reside in the same general locality as the employee’s previous residence.

14.6 Variation of retrenchment pay

[14.6 varied by PR994553,PR542121 ppc 04Dec13]

      Despite anything in this clause,an employer may make application to the Fair Work Commission to be granted relief from the obligation to make a payment pursuant to clause 14.4. A dispute over what is just and expedient may be resolved through the dispute resolution procedure.

Part 4—Minimum Wages and Related Matters

15. Classifications

15A Mines Rescue Service Employees

16. Minimum wages and allowances

17. Overtime

18. Accident pay

19. Allowances

20. Superannuation

15. Classifications

15A Mines Rescue Service Employees

[15A inserted by PR588916 ppc 22Dec16]

Schedule H—Mines Rescue Service Employees applies to employees of mines rescue services.

16. Minimum wages and allowances

[Varied by PR994553,PR593799]

16.1 The wages and allowances which an employee is to be paid are specified in the following schedules:

16.2 An employee who performs mixed functions on any shift must be paid for the whole shift at the rate prescribed for the highest of such functions.

16.3 An employee absent from work is not entitled to payment for the period of absence unless paid absence is agreed by the employer,or permitted by this award or the law.

16.4 Unless otherwise agreed between the employer and the majority of employees,wages will be paid weekly.

16.5 Wages will be paid by cheque or electronic funds transfer.

16.6 In the absence of agreement to the contrary,not more than one week’s pay will be kept in hand by the employer.

16.7 Upon termination of employment,wages due to an employee will be paid on the day of such termination or forwarded by post,within 72 hours,to the last address notified in writing by the employee.

16.8 Subject to all relevant laws,an employer and an individual employee may agree to a salary sacrifice arrangement. The obligations of the employer in respect of payment of remuneration will be satisfied by the employer complying with such an arrangement provided that the salary sacrificed amount and the residual wages combined are not less than the classification rate otherwise payable.

[16.9 deleted by PR994553 from 01Jan10]

16.9 National training wage

[16.10 renumbered as 16.9 by PR994553 from 01Jan10;substituted by PR593799 ppc 01Jul17]

      (a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

      (b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Black Coal Mining Industry Award 2010 and not the Miscellaneous Award 2010.

17. Overtime

[Varied by PR531393,PR584077]

17.1 In calculating overtime,except for clause 17.7,each day is to be treated separately.

17.2 Payment for overtime

      (a) Subject to the exceptions in clause 17.2(b),all time worked in excess of or outside the ordinary hours of any shift on the following days will be paid for at the following rates:

      Day of week

      Rate of pay

      Monday to Friday

      First 3 hours at time and a half

       

      After 3 hours at double time

      Saturday

      First 3 hours at time and a half

       

      After 3 hours at double time

      Sunday

      Double time

      (b) All time worked in excess of or outside the ordinary hours of any shift by employees:

        (i) who are six day roster employees or seven day roster employees;

        (ii) who work a roster which requires ordinary shifts on public holidays and not less than 272 ordinary hours per year on Sundays;or

        (iii) who work a roster which requires ordinary shifts on Saturday and Sunday where the majority of the rostered hours on the Saturday or Sunday shifts fall between midnight Friday and midnight Sunday;

        will be paid for at the rate of double time.

17.3 Minimum payment for overtime on Saturday and Sunday

      An employee called on to work overtime on a Saturday or Sunday (that is not continuous with work started on the previous day) will be paid for at least three hours at the appropriate rate.

17.4 Reasonable additional hours

      Subject to the NES,an employer may require an employee to work reasonable additional hours in addition to their rostered hours and be paid the applicable overtime rates.

17.5 Averaging overtime payments

      An employer and an employee employed in a classification in Schedule B—Staff Employees may agree to average overtime payments over a length of a defined period.

17.6 Rest period after working overtime

      (a) Length of the rest period

        When overtime work is necessary it will be arranged where possible for employees to have at least 10 consecutive hours off duty between the work of successive days.

      (b) Where the employee does not get a 10 hour rest

        (i) The following conditions apply to an employee who works so much overtime that the employee has not had at least 10 consecutive hours off duty between the end of the employee’s ordinary hours of work on one day and the start of the employee’s ordinary hours of work on the next day:

          ●the employee will be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty,and

          ●there will be no loss of pay for ordinary hours of work time which occur during this absence.

        (ii) The following conditions apply to an employee who,on the instructions of the employer,resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 17.6(b)(i):

          ●the employee will be paid at double time during ordinary hours and after that until the employee is released from duty;

          ●the employee will then be entitled to be absent for 10 consecutive hours;and

          ●there will be no loss of pay for ordinary hours of work time which occur during this absence.

17.7 Call-back

      (a) Payment for call-back

        (i) An employee who is recalled to work overtime after leaving the mine (whether the employee was notified before or after leaving the mine) will be paid for at least four hours work at the appropriate rate for each time the employee is recalled.

        (ii) Except where unforeseen circumstances arise,the employee will not be required to work the full four hours if the job to be performed is completed within a shorter period.

        (iii) The provisions of this clause do not apply in the following cases:

        ●where it is customary for an employee to return to the mine to perform a specific job outside the employee’s ordinary working hours;or

        ●where the overtime is continuous (subject to a reasonable meal break) with the end or start of ordinary working time.

      (b) Call-back less than four hours

        Overtime worked in the circumstances specified in clause 17.7 will not be regarded as overtime for the purposes of a rest period as set down in clause 17.6 if the actual time worked is less than four hours on any recall or on each of any recalls.

17.8 Meal breaks during non-rostered overtime

      (a) If an employee is required to work more than one and a half hours past their rostered shift (exclusive of crib time) then the employee will,unless agreed otherwise,before starting this overtime be allowed at least 30 minutes for a meal without deduction of pay.

[17.8(b) varied by PR531393 ppc 30Nov12]

      (b) The employee will also,unless notified the previous day of the requirement to work overtime,be supplied with a meal or paid a meal allowance (see Schedule A.8.3 and Schedule B.3.2).

      (c) After each four hours of overtime worked after a crib break the employee will have a further crib break and either be supplied with a meal or be paid a meal allowance.

      (d) Where the overtime worked is not continuous with an employee’s rostered hours,the employee is entitled to a meal break of 30 minutes without deduction from pay after each five hours worked.

17.9 Time off instead of payment for overtime

[17.9 inserted by PR584077 ppc 22Aug16]

      (a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

      (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 17.9.

      (c) An agreement must state each of the following:

        (i) the number of overtime hours to which it applies and when those hours were worked;

        (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

        (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

        (iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

        Note:An example of the type of agreement required by this clause is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G. An agreement under clause 17.9 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

      (d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

        EXAMPLE:By making an agreement under clause 17.9 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

      (e) Time off must be taken:

        (i) within the period of 6 months after the overtime is worked;and

        (ii) at a time or times within that period of 6 months agreed by the employee and employer.

      (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 17.9 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

      (g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

      (h) The employer must keep a copy of any agreement under clause 17.9 as an employee record.

      (i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

      (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 17.9 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

        Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

      (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 17.9 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

        Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 17.9.

18. Accident pay

[Varied by PR559442]

An employee in receipt of weekly payments under the provisions of applicable workers compensation legislation will be entitled to receive accident pay from the employer subject to the following conditions and limitations:

18.1 Payment to be made during incapacity

      An employer must pay,or cause to be paid,accident pay during the incapacity of the employee,within the meaning of the applicable workers compensation legislation:

      (a) until such incapacity ceases;or

      (b) until the expiration of a period of 78 weeks from the date of injury;

      whichever event will first occur,even if the employer terminates the employee’s employment within the period.

18.2 Meaning of accident pay

      For the purposes of this clause accident pay means:

      (a) For the initial period of 39 weeks from the date of injury,a weekly payment representing the difference between the weekly amount of compensation paid to the employee under the applicable workers compensation legislation and the weekly amount that would have been received by virtue of this award had the employee been on paid personal leave at the date of the injury (provided the latter amount is greater than the former amount).

      (b) For a further period of 39 weeks a weekly payment representing the difference between the weekly amount of compensation paid to the employee under the applicable workers compensation legislation and the rate prescribed from time to time for the classification of the incapacitated employee at the date of the injury (provided the latter amount is greater than the former amount).

18.3 Pro rata payments

      In respect of incapacity for part of a week the amount payable to the employee as accident pay will be a direct pro rata.

18.4 When not entitled to payment

      An employee will not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave,or for any paid public holiday.

18.5 Redemptions

      In the event that an employee receives a lump sum in redemption of weekly payments under the applicable workers compensation legislation,the liability of the employer to pay accident pay as herein provided will cease from the date of such redemption.

18.6 Damages independent of the Acts

      Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers compensation legislation,such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under this clause and the employee will not be entitled to any further accident pay thereafter.

18.7 Calculation of period

      The 78 week period commences from the first day of incapacity for work,which may be subsequent to the date of injury. Intermittent absences arising from the one injury are to be cumulative in the assessment of the 78 week limitation.

[18.8 deleted by PR559442 ppc 19Dec14]

19. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR522985]

19.1 Allowances are set out in Schedule A—Production and Engineering Employees and Schedule B—Staff Employees.

19.2 Adjustment of expense related allowances

[19.2 varied by PR522985 ppc 01Jul12]

      At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

      The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Tool allowance

    Tools and equipment for house and garden component of the household appliances,utensils and tools sub-group

    Meal allowance

    Take away and fast foods sub-group

   

20. Superannuation

[New 20 inserted by PR545966 ppc 01Jan14]

20.1 Superannuation contributions for defined benefit members

      An employer is permitted to make superannuation contributions to a superannuation fund or scheme in relation to a default fund employee who is a defined benefit member of the fund or scheme.

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work

22. Shiftwork

23. Rostering

24. Meal breaks—rostered hours

21. Ordinary hours of work

[20 renumbered as 21 by PR545966 ppc 01Jan14]

21.1 The ordinary hours of work will be an average of 35 hours per week. Those hours will be averaged over the roster cycle.

21.2 All ordinary hours worked by an employee on the following days will be paid for at the following rates:

    Day of week

    Rate of pay

    Monday to Friday

    Single time

    Saturday

    First 4 hours at time and a half

     

    After 4 hours at double time

    Sunday

    Double time

   

22. Shiftwork

[21 renumbered as 22 by PR545966 ppc 01Jan14]

22.1 Definitions

      (a) Afternoon shift means any shift,the ordinary hours of which finish after 6.00 pm and at or before midnight.

      (b) Night shift means any shift,the ordinary hours of which finish after midnight and at or before 8.00 am.

      (c) Permanent night shift employee is an employee who:

        (i) works night shift only;or

        (ii) stays on night shift for a longer period than four consecutive weeks;or

        (iii) works on a roster that does not give at least one-third of the employee’s working time off night shift in each roster cycle.

22.2 Shiftwork rates

      Rates for shiftwork are payable as follows:

    Type of shift

    Shift rates

    Day shift

    Ordinary time

    Afternoon and rotating night shifts

     

    (a) Ordinary hours

    (a) 115% of the ordinary time rate

    (b) Overtime hours 6 or 7 day roster

    (b) Overtime penalty rate plus 15% of the ordinary time rate for time worked

    (c) All others

    (c) Overtime penalty rate

    Permanent night shift

     

    (a) Ordinary hours

    (a) 125% of the ordinary time rate

    (b) Overtime hours 6 or 7 day roster

    (b) Overtime penalty rate plus 25% of the ordinary time rate for time worked

    (c) All others

    (c) Overtime penalty rate

22.3 Change of shift for permanent day shift employees

      (a) For at least three consecutive working days

        If an employee who normally works on day shift only is required to work afternoon or night shift on at least three consecutive working days then the employee will be paid at overtime rates for the first afternoon or night shift so worked and after that the employee will be paid in accordance with the provisions of clause 22.2 for any other shifts.

      (b) For fewer than three consecutive working days

        If the employee is required to work afternoon or night shiftwork for a period fewer than three consecutive working days,overtime rates will be paid for any afternoon or night shiftwork. An exception to this is where the requirement is caused by the failure of any other employee to come on duty at the proper time.

23. Rostering

[Varied by PR994553,PR531393;22 renumbered as 23 by PR545966 ppc 01Jan14]

23.1 Rostering of hours and length of shifts

      (a) The employer can determine the type of rosters to be worked.

      (b) The employer can determine the shift length to be worked as long as the ordinary hours do not exceed 10. Shifts of more than 10 ordinary hours can only be implemented by agreement between the employer and the majority of employees affected or,in the case of a dispute,as resolved in accordance with clause 9Dispute resolution.

23.2 Shift starting and finishing times

      The start and finish times of shifts up to 10 ordinary hours may be determined by the employer. Shifts in excess of 10 ordinary hours will be worked between the starting and finishing times that are agreed between the employer and the majority of employees affected or,in the case of a dispute,as resolved in accordance with the dispute resolution procedure.

23.3 Number and spread of shifts

      The number and spread of ordinary shifts may be varied by the employer and,in the case of dispute,the dispute resolution procedure applies.

23.4 Starting and finishing places

      (a) The starting and finishing place of a shift are to be agreed between the employer and the majority of affected employees or,in the absence of agreement,as determined in accordance with the dispute resolution procedure.

      (b) At underground mines,the designated starting and finishing place will be on the surface.

23.5 Roster changes

      An employee’s place on a roster will not be changed,except where:

        (i) one week’s notice of any change is given to the employee;or

        (ii) where less than one week’s notice is given,the employee is paid at overtime rates for all work from the time of change of shift until the week’s notice would have expired.

23.6 Rostered days off (RDOs)

      (a) Period of notice to be given

        Subject to this clause,if an employee is entitled to a rostered day off (RDO) then the employee must be advised by the employer:

        (i) at least four weeks before the day the employee is to take off;or

        (ii) a lesser period of notice as agreed by the employer and the majority of employees in the mine or sections affected.

      (b) An employee required to work on an RDO

        An employee will only be required to work on an RDO after attempts by the employer to cover the casual vacancy by other means have failed.

      (c) Payment for working on an RDO

        An employee will be paid for working ordinary hours on an RDO at either:

        (i) ordinary rates for time worked during ordinary hours on an RDO,and

          ●the employee will then take a day off in lieu before the end of the employee’s next roster cycle;

          ●this day in lieu will be selected by the employee provided that at least one week’s notice is given to the employer;and

          ●the employee will be allowed this day off unless the operations of the mine will be affected by the absence,

          or

        (ii) overtime rates for the time worked during ordinary hours on the RDO,without any day off in lieu.

      (d) An employee will be paid overtime rates for all time worked outside or in excess of the ordinary hours for that day or shift.

      (e) RDO moved to another day

[22.6(e)(i) varied by PR531393 ppc 30Nov12]

        (i) An employer,with the agreement of the majority of employees affected,may move the RDO of these employees to another day in the case of:

          ●a breakdown of machinery;

          ●a failure or shortage of electric power;

          ●meeting the requirements of the mine;or

          ●an emergency situation.

          In the case of another day being substituted for the RDO,the new day becomes the RDO and the original day becomes an ordinary working day.

        (ii) An individual employee,with the agreement of the employer,may substitute the day the employee is to take off for another day.

      (f) RDOs falling on a recognised public holiday

        An employee who is entitled to an RDO which falls on a public holiday is,at the discretion of the employer,to be either:

        (i) paid at the employee’s classification rate;or

        (ii) credited with one day for each such public holiday (payable at ordinary rates).

      (g) RDOs not to fall on a recognised public holiday for employees working Monday to Friday shifts of up to 8.5 ordinary hours

[22.6(g)(i) varied by PR994553 from 01Jan10]

        (i) Subject to clause 23.6(g)(ii),where an employee is working Monday to Friday shifts of up to 8.5 hours and the employee’s roster does not include work on a holiday,the RDO is not to fall on a holiday.

        (ii) Where a holiday is prescribed after the employee has been notified of the RDO,and that holiday falls on the employee’s RDO,the employer must allow the employee to take the RDO on an alternative weekday.

24. Meal breaks—rostered hours

[Varied by PR531393;23 renumbered as 24 by PR545966 ppc 01Jan14]

24.1 An employee is entitled to a meal break of 30 minutes without deduction from pay for each five hours worked during rostered hours.

[23.2 varied by PR531393 ppc 30Nov12]

24.2 Subject to clause 24.3,an employee will not be required to work for more than five hours without a meal break.

24.3 Where the employer and employee agree that the employee will work for more than five hours without a break,then the employee will,unless otherwise agreed,be paid for any work beyond five hours at the applicable overtime rates until a meal break is taken.

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave

27. Public holidays

25. Annual leave

[24 renumbered as 25 by PR545966 ppc 01Jan14;varied by PR582969]

25.1 Annual leave entitlements are provided for in the NES. This clause supplements those entitlements and provides industry specific detail.

25.2 Entitlement to annual leave

      (a) An employee is entitled to annual leave,in addition to the amount provided for in the NES,such that the employee’s total entitlement to annual leave pursuant to the NES and this award for each year of employment is a cumulative total of 175 ordinary hours (five weeks).

      (b) An employee who:

        (i) is a seven day roster employee;or

        (ii) works a roster which requires ordinary shifts on public holidays and not less than 272 ordinary hours per year on Sundays,

        is entitled annually to an additional 35 ordinary hours (one week) of annual leave.

25.3 Accrual of annual leave

      Employees,other than casual employees,accrue annual leave at the following rate:

    For employees who would be
    entitled to annual leave of:

    Hours of annual leave for each completed week of employment:

    175 hours (5 weeks)

    3.3654

    210 hours (6 weeks)

    4.0385

25.4 When annual leave can be taken

      (a) An employee with an annual leave entitlement,who wishes to take all or part of that entitlement will,unless otherwise agreed between the employee and the employer,give the employer at least 28 days’notice in writing of the amount of leave to be taken. The employer will grant that leave unless,in the employer’s opinion,the operations of the mine will be affected.

      (b) Unless otherwise agreed,annual leave will be taken within 12 months of the date the employee received the annual leave entitlement.

      (c) The employer may direct an employee to take all or part of an annual leave entitlement provided at least 28 days’notice in writing is given to the employee.

25.5 Deduction of annual leave

      For each period of annual leave taken the ordinary hours of rostered shifts that would have been worked by an employee will be deducted from the employee’s accrued annual leave entitlement.

25.6 Amount of annual leave to be taken

      Unless otherwise agreed between the employer and employee,annual leave will be given and taken in not more than three periods,one of which will be of at least three weeks’duration.

25.7 Payment for annual leave

      An employee taking annual leave must be paid either:

      (a) the employee’s ordinary rate of pay plus a loading of 20% of that rate;or

      (b) the employee’s rostered earnings for the period of annual leave,which includes all rostered overtime and rostered public holidays (paid at double time),but does not include shift allowances,other than for seven day roster employees;

      whichever is the greater.

25.8 When payment will be made for annual leave for employees paid by cheque.

[25.8 renamed and substituted by PR582969 ppc 29Jul16]

      An employee who is usually paid by cheque will be paid for a period of annual leave in accordance with the employee’s normal pay period(s),unless an employee requests that payment of the entire period of annual leave be made prior to the employee commencing leave.

25.9 Annual leave in advance

[25.9 renamed and substituted by PR582969 ppc 29Jul16]

      (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

      (b) An agreement must:

        (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

        (ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

        Note:An example of the type of agreement required by clause 25.9 is set out at Schedule E. There is no requirement to use the form of agreement set out at Schedule E.

      (c) The employer must keep a copy of any agreement under clause 25.9 as an employee record.

      (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 25.9,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

25.10 Shutdown

      (a) An employer that shuts down all or any part of its operation must give employees at least 28 days’notice of the shutdown or such shorter period as agreed between the employer and the employees affected.

      (b) Employees directly affected by the shutdown who have an entitlement to annual leave may take all or part of that entitlement during the shutdown period.

      (c) Employees who are directly affected by the shutdown and who are not yet entitled to sufficient annual leave may,during the shutdown period,take any annual leave accrued in accordance with clause 25.9.

25.11 Cashing out of annual leave

[25.11 inserted by PR582969 ppc 29Jul16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.11.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.11.

      (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

      (d) An agreement under clause 25.11 must state:

        (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

        (ii) the date on which the payment is to be made.

      (e) An agreement under clause 25.11 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

      (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

      (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

      (i) The employer must keep a copy of any agreement under clause 25.11 as an employee record.

      Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 25.11.

      Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.11.

      Note 3:An example of the type of agreement required by clause 25.11 is set out at 0. There is no requirement to use the form of agreement set out at 0.

25.12 Electronic funds transfer (EFT) payment of annual leave

[25.12 inserted by PR582969 ppc 29Jul16]

      Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

26. Personal/carer’s leave

[25 renumbered as 26 by PR545966 ppc 01Jan14]

26.1 Personal/carer’s leave entitlements are provided for in the NES. This clause supplements those entitlements and deals with evidence required to be provided by an employee when taking paid personal/carer’s leave.

26.2 Entitlement

      A full-time employee is entitled to 105 ordinary hours of personal/carer’s leave (inclusive of the employee’s NES entitlement) on commencing employment and on each anniversary of commencement. Any personal leave which is not taken by an employee must accumulate without limitation.

26.3 Evidence required

      (a) If requested by the employer,the employee must provide a medical certificate or such other evidence as will prove to the employer’s reasonable satisfaction that the absence from work was for the reasons set out in the NES.

      (b) If the proof is disputed,such a dispute may be dealt with in accordance with the dispute resolution procedure.

26.4 Deduction of personal leave

      Any personal leave taken must be deducted from the employee’s personal leave entitlement as follows:

      (a) where the absence is for fewer than half the ordinary hours component of the shift,no deduction;or

      (b) in all other cases,the full ordinary hour’s component of the shift will be deducted for each absence.

27. Public holidays

[Varied by PR994553,PR531393;26 renumbered as 27 by PR545966 ppc 01Jan14]

[26.1 varied by PR994553 from 01Jan10]

27.1 Public holiday entitlements are provided for in Division 10 of the NES.

27.2 Transfer of recognised public holidays

      The employer and the majority of employees affected may agree to observe a holiday on a day other than the day prescribed. If this occurs,the day agreed upon is the award holiday and the actual holiday becomes an ordinary working day.

27.3 Employee not required to work on a public holiday

      An employee who is not required to work on a holiday which would otherwise have been a working day for that employee will be paid for that day at the employee’s classification rate unless the employee,without good and sufficient reason,fails to work on the employee’s:

      (a) last working day immediately before the holiday;or

      (b) first working day after the holiday;

      in which case the employee is not entitled to payment for such holiday.

27.4 Employee required to work on a recognised public holiday

      (a) An employee who is required to work on a holiday is to be paid at the rate of double time for work performed during ordinary hours,in addition to the payment prescribed.

      (b) Work performed in excess of ordinary hours on a holiday is to be paid at the rate of treble time.

27.5 Notice of public holidays to be worked (other than employees working shifts of up to 8.5 ordinary hours)

      (a) On a date agreed,the employer will nominate which public holidays will be worked in the following 12 months by employees (other than employees working shifts of up to 8.5 ordinary hours on weekdays),provided that work will not to be carried out on two of such holidays.

[26.5(b) varied by PR531393 ppc 30Nov12]

      (b) If the employer does not require employees to work on a public holiday (as nominated in clause 27.5(a)) the employer must give the employees as much notice as possible of this decision.

      (c) If the notice required by clause 27.5(b) is less than four weeks inclusive of the holiday,an employee who was rostered to work on the holiday is to be paid for ordinary hours as if the holiday had been worked.

      (d) If the employer decides not to require work to be performed on a public holiday because of a strike or ban,employees,other than those involved in the strike or ban,are to be paid at their classification rate for ordinary hours.

27.6 Employees working Monday to Friday shifts of up to 8.5 ordinary hours

      (a) An employee who only works shifts of up to 8.5 ordinary hours on weekdays cannot,as an integral part of their roster cycle,be rostered for ordinary hours on public holidays. Such employees may,however,in exceptional circumstances,be required to work on public holidays to meet operational needs.

Schedule A—Production and Engineering Employees

[Varied by PR994553,PR998029,PR997878,PR509155,PR509032,PR522863,PR522985,PR536666,PR536788,PR544668,PR551589,PR551711,PR559128,PR559270,PR566810,PR566665,PR579505,PR579718,PR592096,PR592258,PR592096 ]

A.1 Preamble and principles

A.1.1 The classification structure in this award determines the minimum weekly wages payable to employees whose employment is subject to this award.

A.1.2 The structure is a single stream structure,which does not contain any demarcations relating to the performance of work. It allows for a list of minesite competencies to be developed. Each mine’s indicative competencies will use as a guide the competency standards contained in the Coal Industry Training Package.

A.1.3 The definitions for each of the classification levels are necessarily general and intended to cover the types of work actually performed under this award. To eliminate doubt,the work performed by the employee,the assessment of the employee against minesite standards and,in relevant cases,the appointment of an employee to a particular classification by the employer,are the only relevant matters that determine an employee’s entitlement to wages pursuant to this clause.

A.1.4 The employer will make available to employees at a minesite the following:

      (a) the classification that will be occupied by employees whose employment is subject to this award;and

      (b) the requirements each employee must meet to occupy those classifications.

A.1.5 Whenever an employer alters the requirements that an employee must hold,to occupy a classification,the altered requirements will be published at the minesite.

      NOTE:A proposal to alter such requirements will typically be subject to the consultation obligations in clause 8Consultation of this award.

A.2 Definitions

A.2.1 Mineworker - Induction Level I

      Mineworker - Induction Level 1 is the entry level for a non-trade person who is undertaking the statutory/generic and/or minesite induction and who remains at this level until assessed by the employer to have successfully completed the induction requirements when they then advance to a Mineworker - Training.

A.2.2 Mineworker - Induction Level 2 / Mineworker - Training

      Mineworker - Induction Level 2 is the entry level for a certificated tradesperson who is undertaking the statutory/generic and/or minesite induction. The tradesperson after successful completion of the induction phase then becomes a Mineworker - Training at this level.

      A Mineworker - Training is an employee who trains in and performs the required tasks under direct supervision. This classification applies to employees until assessed by the employer as meeting the requirements to be classified as a mineworker.

A.2.3 Mineworker

      A Mineworker is an employee who is assessed by the employer as competent to perform the required tasks in a variety of operating circumstances and under limited supervision. An employee continues in this classification until assessed for advancement to Mineworker - Advanced.

A.2.4 Mineworker - Advanced

      A Mineworker - Advanced is an employee who is assessed by the employer against the employer’s available criteria as competent to perform the required tasks in all relevant operating circumstances at a level above that of a Mineworker.

      A Mineworker - Advanced may be required to supervise the work of other employees.

A.2.5 Mineworker - Specialised

      A Mineworker - Specialised is an employee assessed by the employer as competent to perform specialised functions beyond the level of a Mineworker - Advanced. An employee appointed to this classification will undertake a specialised role,which requires them to exercise independent discretion in undertaking functions within the bounds set by the employer.

      The performance of this role may require the employee to supervise the work of other employees.

A.3 Advancement

A.3.1 An employee’s advancement through the classification structure will be determined in accordance with the definitions above and as outlined in the following table:

    Mineworker - Induction Level 1

    Non-trades undertaking

    generic/minesite induction

    Mineworker - Induction Level 2

    Mineworker - Training

    Trades Certificate and undertaking

    generic/minesite induction

    Non-trade - Training in 4 Advancement

    Competencies;

    Trade - Training in 2 Advancement

    Competencies

    Mineworker

    Non-trade - Competent in 4 Advancement

    Competencies;

    Trade - Certificate plus 2 Advancement

    Competencies

A.3.2 Progression to the classification of Mineworker - Advanced may occur where an employee is assessed as competent against the available criteria or is appointed to a statutory position. Although advancement to this classification is not governed by the acquisition of skills alone,for a trade certificated employee this may be achieved by exercising skills which require six post-trade modules of training or an equivalent level of skills in non-trade or cross-trade work.

A.3.3 Progression to the classification of Mineworker - Specialised is by appointment of the employer where an employee is assessed as a specialist against the available criteria or is appointed to a statutory position. Although advancement to this classification is not governed by the acquisition of skills alone,for a trade certificated employee this may be achieved by exercising skills which require 12 post-trade modules of training or an equivalent level of skills in non-trade or cross-trade work.

[A.3.4 varied by PR994553 from 01Jan10]

A.3.4 Non-trade work referred to in clauses A.3.2 and A.3.3 above,is work by certificated tradespersons,which is not part of their trade and is of a production or operations nature.

[A.3.5 varied by PR994553 from 01Jan10]

A.3.5 Cross-trade work referred to in clauses A.3.2 and A.3.3 above,is work by certificated tradespersons,which is not part of their trade but is part of another certified trade in which they are competent.

A.4 Minimum Rates

[A.4 varied by PR997878,PR509032,PR522863,PR536666,PR551589,PR566665,PR579718,PR592096 ppc 01Jul17]

    Classification

    Basic weekly 35 hour rate
    $

    Mineworker - Induction Level 1

    788.00

    Mineworker - Induction Level 2

    803.20

    Mineworker - Training

    803.20

    Mineworker

    858.60

    Mineworker - Advanced

    900.10

    Mineworker - Specialised

    992.60

A.5 Indicative Competencies

A.5.1 Open cut mines

      The following lists are not exhaustive,but rather are indicative of the types of competencies utilised in open cut mines.

      INDUCTION

      Induction (Generic,Minesite);Interpersonal;First Aid;Fire Fighting;Occupational Health and Safety.

      ADVANCEMENT COMPETENCIES

      Dragline operation;Auger operation;Truck operation;Shovel operation;Cable handling;Drilling;Blasting;Shotfiring;Scraper operation;Excavator operation;Loader operation;Grader operation;Dozer operation;Pit Dewatering;Equipment servicing and maintenance;Washplant operation;Coal handling;Reclaim operation;Loader operation;Grader operation;Load out operation;Crusher/conveyor operation;Washplant servicing and maintenance;Tyre fitting;Crane operation;Rigging and dogging;Cross-trade skilling.

      While an employer may require an employee to become competent in one or more of the following,these competencies will not be required for advancement through the classification structure:

      Equipment servicing;Medium vehicles operation;Low loaders operation;Scaffolding;Minor maintenance;Conveyors;Bobcat;etc.

A.5.2 Underground mines

      The following lists are not exhaustive,but rather are indicative of the types of competencies utilised in underground mines.

      INDUCTION

      Induction (Generic,Minesite);Interpersonal;First Aid;Fire Fighting;Occupational Health and Safety.

      ADVANCEMENT COMPETENCIES

      Face operations,Continuous Miner;Shuttle car operation;FCT operation;Strata control;Bord and pillar mining;Face operations,Longwall;Supports installation;Shearer operation;AFC operation;Stage loader operation;Ancillary equipment;Face operations,Shortwall;Recovery and installation of major equipment;Drift and shaft operations;Environmental monitoring;Ventilation control;Fire control and emergency procedures;Geomechanics;Exploration techniques;Training/Safety co-ordination;Systematic Safety Assessment technique;Reviewing complex tasks and resources;Environmental management;Undermanager functions;Deputy functions;Shotfirer;Process Monitoring Control;Washery operations;Train loading operations;Railway maintenance;Haulage winder operation;Cross-trade skilling.

      OTHER COMPETENCIES

      While an employer may require an employee to become competent in one or more of the following,these competencies will not be required for advancement through the classification structure:

      Coal haulage;Mine services;TQC principles;Roadways;Roof and rib support;Gas drainage;Riggers certificate;Surface operations;Coal stockpile and reclaim;Washery services.

      NOTE:The Mineworker –Induction Level 2/Mineworker –Training classification includes the classifications formerly listed in Group B in the Coal Mining Industry (Production and Engineering) Interim Consent Award,September 1990,including the classification of coalcutting machineman. This note is inserted in light of the decision of a Full Bench of the Australian Industrial Relations Commission dated 5 December 2002 [PR925329].

A.6 Apprentices

A.6.1 The terms of this award apply to the employment of apprentices.

A.6.2 The off-the-job training of an apprentice may be undertaken on day release or block release basis.

A.6.3 In order to ensure sufficient training,an apprentice may be engaged by more than one employer in the coal mining industry. Where this occurs,an agreement must be reached between the employers involved on their responsibilities arising under the apprenticeship. A copy of the agreement must be given to the apprentice.

A.6.4 An adult apprentice is a person who is 21 years of age or over when they commence a three year apprenticeship.

A.6.5 An employer may provide an apprentice with a tool kit if they agree on the terms for the payment of the cost of the tool kit.

A.6.6 Except where inconsistent with this award,the State legislation regulating apprenticeships applies.

[A.6.7 varied by PR544668 ppc 01Jan14]

A.6.7 The weekly minimum wage rates for apprentices (including adult apprentices) that commenced a training contract prior to 1 January 2014 are as follows:

    Apprentices other than adult apprentices

    Percentage of the Mineworker - Induction Level 2 weekly rate

    First year of experience

    45

    Second year of experience

    60

    Third year of experience

    75

    Fourth year of experience

    90

    Adult apprentices

    Percentage of the Mineworker - Induction Level 2 weekly rate

    First year of apprenticeship

    80

    Second year of apprenticeship

    90

    Third year of apprenticeship

    95

A.6.8 Apprentice minimum wage arrangements for apprentices that commenced on or after 1 January 2014

[A.6.8 inserted by PR544668 ppc 01Jan14;corrected by PR559128 ppc 01Jan14]

      (a) Minimum wage rates for apprentices and adult apprentices commencing a training contract on or after 1 January 2014 are set out below as a percentage of the wage prescribed for Mineworker –Induction Level 2 of this award.

      (b) For first year apprentices (other than adult apprentices),who commenced on or after 1 January 2014,the increased rate will be phased in. From 1 January 2014 it will be 50% of the Mineworker –Induction Level 2 rate,from the first pay period on or after 1 January 2015 this will increase to 55% of the Mineworker –Induction Level 2 rate.

        (i) Apprentices other than adult apprentices

      Stage

      Has not completed year 12

      Has completed year 12

      1

      50%

      From 1 January 2014:50%

      From first pay period commencing on or after 1 January 2015:55%

      2

      60%

      65%

      3

      75%

      75%

      4

      90%

      90%

        (ii) Adult apprentices

      Stage

      Rate of pay

      1

      80%

      2

      Mineworker –Induction Level 1 rate

      3

      Mineworker –Induction Level 1 rate

      (c) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training contract. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification in which the adult apprentice was engaged immediately prior to entering into the training contract.

      (d) Clause A.6.8(c) only applies where the employee,immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months full-time employment or twelve months part-time or regular and systematic casual employment.

[A.6.9 inserted by PR559270 ppc 01Jan15]

A.6.9 Where an apprentice is required to attend block release training for training identified in or associated with their training contract,and such training requires an overnight stay,the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this clause will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

[A.6.10 inserted by PR559270 ppc 01Jan15]

A.6.10 For the purposes of A.6.9,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

[A.6.11 inserted by PR559270 ppc 01Jan15]

A.6.11 The amount payable by an employer under A.6.9 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

[A.6.12 inserted by PR559270 ppc 01Jan15]

A.6.12 All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship,which are paid by an apprentice,shall be reimbursed by the employer within six months of the commencement of the apprenticeship or the relevant stage of the apprenticeship,or within three months of the commencement of the training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.

[A.6.13 inserted by PR559270 ppc 01Jan15]

A.6.13 An employer may meet its obligations under A.6.12 by paying any fees and/or cost of textbooks directly to the RTO.

[A.6.14 inserted by PR559270 ppc 01Jan15]

A.6.14 An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in,or associated with,the training contract.

[A.6.15 inserted by PR559270 ppc 01Jan15]

A.6.15 Time spent by an apprentice in attending any training and/or assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. This subclause operates subject to the provisions of clause 11School-based apprentices.

[A.6.16 inserted by PR559270 ppc 01Jan15]

A.6.16 No apprentice will,except in an emergency,work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

A.7 Juniors

      Where the law permits junior employees to perform work in the coal mining industry,the weekly minimum wages rates for juniors are as follows:

    Age

    Percentage of the Mineworker - Induction Level 2 weekly rate

    15-16 years

    40

    16-17 years

    55

    17-18 years

    75

A.8 Allowances

A.8.1 Except where specifically indicated,the following allowances will apply to all employees covered by this schedule and are payable in addition to the employee’s classification rate,but are not taken into account in the calculation of any other penalty rate prescribed by the award,except where specifically indicated.

A.8.2 Wage related allowances and reimbursements

    Allowance

    Percentage of standard rate/reimbursement

    Application

    Washery allowance

    0.63% per day or per shift;minimum payment of 0.32%

    Where an employee is employed in or about a washery

    This allowance is in substitution of all other disability allowances except water money

    Water money

    0.49% per shift

    Where,through no fault of the employee,and in the course of duties,an employee’s clothing becomes wet

    The employee is to notify the supervisor of the intention to claim water money and the reasons for making it as soon as is possible

    An employee regularly receiving water money must not have the payment discontinued without notice

    Shaft work (Electrical/ Mechanical)

    0.59% per shift. Minimum payment of 0.3%

    Minimum payment of 4 hours at the above rate for employees required to carry out work in connection with the release of blockages in sewerage lines and connections thereto (including pumps)

    A minimum payment of one hour for work on pumps after removal from a pumping station or treatment works for cleaning or stripping

    An employee is engaged on shaft work

    Dirty work

    0.23% per shift

    Where an employee has to handle machinery,equipment,appliances or gear of any description which is covered with oil or grease

    Confined spaces allowance (Electrical/ Mechanical)

    0.08% per hour

    Employees working in a space,the dimensions of which necessitate working in a stooped or otherwise cramped position or without proper ventilation,or where confinement within a limited space is unusually discomforting

    Height money (Electrical/ Mechanical)

    0.23% per shift

    Where an employee is engaged on work at a height of 7.5 metres or more above the nearest horizontal plane

    First Aid Officer allowance (does not apply to employees employed under the open cut or underground work models)

    0.76% per day or shift or attendance at or paid absence from work

    Where an employee is appointed as a first aid officer

    First Aid Attendant allowance (does not apply to employees employed under the open cut or underground work models)

    0.45% per day or shift

    Where an employee is appointed as a first aid attendant

    Boom Welding allowance (does not apply to employees employed under the open cut work model)

    0.095% per hour

    Where an employee carries out pressure or x-ray standard welding on booms

    Underground allowance (Electrical/ Mechanical)

    0.23% per day or shift

    An adult employee who works underground on any shift

    Additional shift allowance—Open cut employees

    0.43% per afternoon shift and 0.85% per night shift (additional to the shiftwork rates)

    Where an employee is engaged on afternoon shift and/or night shift at open cut workings and who is in receipt of the 15% shift allowance

    Working clothes and safety boots

    Reimbursement by the employer each year for one pair of safety boots and two sets of industrial outer clothing;the articles are to be at a standard normally issued by the Company

    Employees required to provide and wear industrial outer clothing and safety boots

    This provision does not apply where such footwear and clothing are supplied to the employee at the employer’s expense

    Damage to clothing and tools (Electrical/ Mechanical)

    Compensation to the extent of damage sustained will be made

    Provided that the employer’s liability for such tools will be limited to such tools of trade as are ordinarily required for the performance of the employee’s duties

    Where in the course of the work clothing or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances

    Transport

    1. Reimbursement of any expense reasonably incurred in excess of expenses usually incurred travelling between home and normal place of work

    When employee is required to work during annual leave shutdown and the normal means of transport is unavailable and provided the employee attends for work and performs such work as the employer reasonably requires

     

    2. Payment at ordinary rates for all time reasonably spent outside ordinary hours of work travelling between home and the temporary location beyond the time usually spent in travelling between home and the ordinary location and/or reimbursement of any expense reasonably incurred in such travelling in excess of the expense usually incurred travelling between home and the employee’s ordinary location

    When an employee is required to temporarily work away from their ordinary location

     

    3. Payment for one hour at ordinary rates or the provision of transport at the employer’s cost

    When an employee works shiftwork,overtime or pre-shift overtime and the employee’s normal means of transport is unavailable

A.8.3 Expense related allowances

[A.8.3 varied by PR998029;PR509155,PR522985,PR536788,PR551711,PR566810,PR579505,PR592258 ppc 01Jul17]

    Allowance

    Rate

    Application

    Tool allowance

    Employees required to provide necessary tools must be paid an additional $11.55 per week

    Employers will continue to supply tools customarily supplied by them

    Meal allowance

    $15.01 for each meal

    When an employee is entitled to a meal allowance in accordance with the provisions of this award

A.8.4 Facilitative provision

      Notwithstanding the other provisions of this Schedule,the method of payment of any or all allowances contained in this schedule may be varied by agreement between an employer and the majority of affected employees.

Schedule B—Staff Employees

[Varied by PR998029,PR997878,PR509155,PR509032,PR522863,PR522985,PR531393,PR536666,PR536788,PR551589,PR551711,PR566810,PR566665,PR566665,PR579505,PR579718,PR588916,PR592096,PR592258,PR592096]

B.1 Employment functions

      Assistant undermanager means an employee,the holder of at least a second class mine manager’s certificate of competency under the Coal Mining Safety and Health Act 1999 (Qld),who is appointed to such position. Provided that an assistant undermanager will not be appointed to any shift unless at least one undermanager has been appointed thereto and the assistant undermanager is subject to the direction and control of that undermanager as appropriate,or the shift is of a size which the Coal Mining Safety and Health Act 1999 (Qld) does not require the appointment of a second class mine manager’s certificate of competency.

      Production supervisor means an employee at an open-cut mine whose duties include operational planning,co-ordination,supervision and control of mining and overburden operations and personnel on all shifts worked at the mine.

      Open-cut overseer means an employee appropriately qualified and certified performing general supervisory duties which may include the duties of an open-cut examiner under the Coal Mine Health and Safety Act 2002 (NSW).

      Senior chemist means an employee,the holder of an appropriate qualification who is responsible for the co-ordination and control of the work on all shifts at a laboratory where at least one other chemist is employed.

      Chemist means an employee who is the holder of an appropriate qualification and is required to carry out testing,analysis and verification of results and may be responsible for the supervision and work of laboratory technicians,laboratory assistants and/or samplers on shift.

      Laboratory technician means an employee who has experience in laboratory techniques and who is required to carry out independent testing and analysis of coal samples according to company standards and who reports the results and may be responsible for the supervision and work of one or more Laboratory assistants and/or samplers on shift.

      Paymaster means an employee responsible at a mine or group of mines for the full payroll function for at least 300 employees.

      Chief surveyor means an employee in charge of a group of mines where a mine surveyor is also employed.

      Mine surveyor means an employee who is required by the management to certify the accuracy of mine plans,sections and tracings pursuant in New South Wales to the Coal Mine Health and Safety Act 2002 (NSW),and in Queensland to the Coal Mining Safety and Health Act 1999 (Qld).

      Surveyor means an employee holding a surveyor’s certificate of competency in accordance with the Coal Mining Safety and Health Act 1999 (Qld) appointed by management to use surveying instruments.

      Assistant surveyor means an employee holding a surveyor’s certificate of competency appointed by the management to use surveying instruments.

[Definition for Training officer inserted by PR588916 ppc 22Dec16]

      Training officer means an employee of a mines rescue service who undertakes training of coal mine employees and other persons in respect to mines rescue equipment or procedures.

      Trainee means an employee being trained and educated technically to take a managerial position or a position as a surveyor,metallurgist,chemist,geologist,draftsperson or a mining,mechanical or electrical engineer.

      Deputy means a person whose duties are prescribed by the Coal Mine Health and Safety Act 2002 (NSW).

B.2 Minimum rates

The minimum rates of pay to be paid to employees will be as follows:

B.2.1 Adults

[B.2.1 varied by PR997878,PR509032,PR522863,PR536666,PR551589,PR566665,PR579718,PR588916 ppc 22Dec16;PR592096 ppc 1Jul17]

     

    Minimum rate of pay
    $

    GROUP A

    844.70

    (Applies to adult coal mining industry employees,without prior experience in the coal mining industry,engaged in one of the following classifications)

     

    Tracer

     

    Surveyor’s Assistant

     

    Clerk

     

    Laboratory Assistant

     

    Technical Assistant

     

    Stores Clerk

     

    Trainee

     

    Coal and/or Dust Sampler

     

    GROUP B

    868.80

    (Adult coal mining industry employee engaged in one of the following classifications)

     

    Tracer

     

    Surveyor’s Assistant

     

    Clerk

     

    Laboratory Assistant

     

    Technical Assistant

     

    Stores Clerk

     

    Trainee

     

    Coal and/or Dust Sampler

     

    Screen and Surface Overseer

     

    Traffic Controller

     

    GROUP C

    891.00

    Computer Operator

     

    Senior Clerk

     

    Senior Stores Clerk

     

    Laboratory Technician

     

    Assistant Surveyor

     

    Assistant Safety Officer

     

    GROUP D

    904.70

    Surveyor

     

    Draftsperson

     

    Shotfirer

     

    GROUP E

    923.00

    Leading Draftsperson

     

    Assistant Training Officer

     

    Assistant Electrical and/or Mechanical Engineer

     

    GROUP F

    931.90

    Senior Computer Operator

     

    Assistant Purchasing and Stores Control Officer

     

    Administrative Officer

     

    GROUP G

    981.10

    Chemist

     

    Analyst and/or Programmer

     

    Environmental Scientist

     

    Paymaster

     

    Purchasing Officer

     

    Stores Control Officer

     

    Personnel Officer

     

    Safety Officer

     

    Assistant to the Chief Clerk

     

    GROUP H

    992.60

    Deputy

     

    Training Officer

     

    Mines Rescue Training Officer Level 1

     

    Mines Rescue Technical Officer Level 1

     

    Occupational Hygienist/Statutory Dust Sampler

     

    GROUP I

    1008.00

    Foreperson

     

    Senior Analyst and/or Programmer

     

    Coal Preparation Plant Foreperson (Tasmania)

     

    Commercial Officer

     

    Assistant Accountant

     

    Chief Clerk

     

    Purchasing and Store Control Officer

     

    Mine Surveyor

     

    Planning Officer

     

    Occupational Health Nurse

     

    Mines Rescue Training Officer Level 2

     

    Mines Rescue Technical Officer Level 2

     

    GROUP J

    1021.60

    Engineer

     

    Assistant to the Chief Electrical and/or Mechanical Engineer

     

    Open Cut Overseer

     

    Chief Surveyor

     

    Metallurgist

     

    Senior Chemist

     

    Geologist

     

    Assistant Undermanager

     

    Senior Foreperson

     

    Accountant

     

    Washing Plant Superintendent and/or Supervisor

     

    EDP Supervisor

     

    Mines Rescue Training Officer Level 3

     

    Mines Rescue Technical Officer Level 3

     

    GROUP K

    1044.70

    Senior Geologist

     

    Chief Geologist

     

    Chief Chemist

     

    Senior Metallurgist

     

    Senior Engineer

     

    Senior Open Cut Overseer

     

    Coal Preparation Plant Supervisor

     

    Mines Rescue Training Coordinator

     

    Mines Rescue Senior Technical Officer

     

    GROUP L

    1070.20

    Production Supervisor

     

    Chief Electrical and/or Mechanical Engineer

     

    Mines Rescue Assistant Superintendent

     

    GROUP M

    1112.50

    Electrical and/or Mechanical Engineer (in charge)

     

    Undermanager (in charge)

     

    Mines Rescue Superintendent

     

B.2.2 Juniors

      The minimum rates of pay to be paid to juniors are the following percentages of the Group A weekly rate in each state:

    Age

    Percentage of the Group A weekly rate

    Up to 17 years

    65

    17 to 18 years

    70

    18 to 19 years

    80

    19 to 20 years

    90

    20 to 21 years

    95

      Provided that no existing employee will have their current percentage rate increased or decreased as a result of making this award.

B.2.3 Graduates

      (a) Graduate Engineers

        A degree qualified Engineer entering the workforce without experience will start at the Graduate Engineer –Level 1 rate. At the completion of 12 months’service that engineer will be assessed by the employer and,having regard to the acquisition and utilisation of skills and knowledge through experience over such period,may advance one increment to the Graduate Engineer –Level 2 rate.

        Advancement to the Graduate Engineer –Level 3 and the Engineer rate may occur by annual increments,following assessment of the employee by the employer,having regard to the acquisition of skills and knowledge through experience over such period.

        The minimum rates of pay to be paid to Graduate Engineers will be the following percentages of the Group J –Engineer’s weekly rate:

      Classification

      Percentage of the Group J –Engineer’s weekly rate

      Graduate Engineer –Level 1

      80

      Graduate Engineer –Level 2

      86

      Graduate Engineer –Level 3

      94

        Provided that no existing employee will have their current percentage rate increased or decreased as a result of making this award.

      (b) Commercial Graduates

        An employee with a tertiary qualification in a commercial discipline entering the workforce without experience will start at the Commercial Graduate –Level 1 rate. At the completion of 12 months’service that employee will be assessed by the employer and,having regard to the acquisition and utilisation of skills and knowledge through experience over such period,may advance one increment to the Commercial Graduate –Level 2 rate.

        Advancement to the Commercial Graduate –Level 3 and the Commercial Officer rate may occur by annual increments,following assessment of the employee by the employer,having regard to the acquisition of skills and knowledge through experience over such period.

        The minimum rates of pay to be paid to Commercial Graduates will be the following percentages of the Group I –Commercial Officer’s weekly rate:

      Classification

      Percentage of the Group I –Commercial Officer’s weekly rate

      Commercial Graduate –Level 1

      80

      Commercial Graduate –Level 2

      86

      Commercial Graduate –Level 3

      94

B.2.4 Training and Development –Mines Rescue Training Officers

[B.2.4 inserted by PR588916 ppc 22Dec16]

      The employer will provide reasonable training and development as is required for the employee to undertake their role,or as required by the employer,so that employees:

      (a) maintain competencies and a skills base in order to carry out the requirements of their role;

      (b) can demonstrate the capability to undertake any reasonable tasks required by the employer;

      (c) are supported to progress through the classifications set out in clause B.2.1,as agreed by the employee and employer.

B.3 Allowances

Except where specified the following allowances and reimbursements are payable in addition to the employee’s classification rate but are not taken into account in the calculation of any other penalty rate prescribed by this award except where specifically indicated.

B.3.1 Wage Related Allowances and Reimbursements

    Allowance

    Percentage of standard rate/reimbursement

    Application

    First Aid Officer allowance

    0.76% per day or shift or attendance at,or paid absence from,work

    Where an employee is appointed as the first aid officer

    First Aid Attendant allowance

    0.45% per day or shift

    Where an employee is appointed as a first aid attendant

    Working clothes and safety boots

    Reimbursement by their employer each year for one pair of safety boots and two sets of industrial outer clothing

    Employees required to provide and wear industrial outer clothing and safety boots. This provision does not apply where such footwear and clothing are supplied to the employee at the employer’s expense

    Transport

    1. Reimbursement of any expense reasonably incurred in excess of expenses usually incurred travelling between home and normal place of work

    When an employee is required to work during annual leave shutdown and the normal means of transport is unavailable

     

    2. Payment at ordinary rates for all time reasonably spent outside ordinary hours of work travelling between home and the temporary location beyond the time usually spent in travelling between home and the ordinary location and/or reimbursement of any expense reasonably incurred in such travelling in excess of the expense usually incurred travelling between home and the employee’s ordinary location

    When an employee is required to temporarily work away from the ordinary location

     

    3. Payment for one hour at ordinary rates or the provision of transport at the employer’s cost

    When an employee works shiftwork or overtime and the employee’s normal means of transport is unavailable

B.3.2 Expense related allowances

[B.3.2 varied by PR998029,PR509155,PR522985,PR536788,PR551711,PR566810, PR579505,PR592258 ppc 01Jul17]

    Meal

    $15.01 for each meal

    When an employee is entitled to a meal allowance in accordance with the provisions of this award

B.3.3 Facilitative provision

      Notwithstanding the other provisions of this clause,the method of payment of any or all allowances contained in this schedule may be varied by agreement between an employer and an employee.

Schedule C—Transitional Provisions

[Varied by PR988356,PR994553,PR503604,PR561478]

C.1 Preserved Allowance—Queensland

    Allowance

    Rate

    Application

    Live sewer work

    An allowance calculated at the rate of 50% of the ordinary time hourly rate for such work

    When an employee is engaged in live sewer work

      For the purposes of this clause,live sewer work means:

      (a) work carried out in Queensland in situations where there is direct aerial connection with a sewer through which sewage is flowing;

      (b) where mechanical and electrical equipment is installed in association with any such sewer or sewerage pumping station or treatment or treatment works,but does not apply to routine maintenance which does not require the dismantling of pumps etc

      but does not include where aerial connection with a sewer is blocked by a disk,plug,valve,water seal or other means.

C.2 Preserved Allowances—New South Wales

      An employer bound by this award must pay the following allowances to employees in New South Wales until 31 December 2014:

    Allowance

    Rate

    Application

    Shaft sinking or drift driving

    $10.81 per shift

    When an employee is a member of a crew engaged in the sinking of a shaft or the driving of a drift

    In substitution for all disability allowances,except water money

    Longwall Allowance

    $34.50 per week i.e. $6.90 per day. Minimum payment of $3.45

    When employed in or about longwall operations

C.3 District allowances—Northern Territory

[C.3 substituted by PR994553;deleted by PR561478 ppc 05Mar15]

C.4 District allowances—Western Australia

[C.4 substituted by PR994553;deleted by PR561478 ppc 05Mar15]

C.5 Redundancy –NAPSA employees

[C.5 substituted by PR994553;renamed by PR503604;deleted by PR561478 ppc 05Mar15]

C.6 Redundancy –Division 2B State employees

[C.6 inserted by PR503604;deleted by PR561478 ppc 05Mar15]

Schedule D—National Training Wage

[Sched D inserted by PR994553 ppc 01Jan10;varied by PR997878,PR509032,PR522863,PR536788,PR536666,PR545787,PR551589,PR566665,PR579718;deleted by PR593799 ppc 01Jul17]

Schedule E—Agreement to Take Annual Leave in Advance

[Sched E inserted by PR582969 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule F—Agreement to Cash Out Annual Leave

[Sched F inserted by PR582969 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement for Time Off Instead of Payment for Overtime

[Sched G inserted by PR584077 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Schedule H—Mines Rescue Service Employees

[Sched H inserted by PR588916 ppc 22Dec16;varied by PR592096]

H.1 The following provisions will apply to mines rescue service employees only. The provisions in this Schedule will prevail over any other term of the award,to the extent of any inconsistency.

H.2 Stand-by allowance

      A stand-by allowance calculated on a daily basis will be payable to employees who are placed on a stand-by roster,at the following rates:

[H.2.1 varied by PR592096 ppc 01Jul17]

H.2.1 for employees on a Monday to Friday stand-by roster—$82.41 (10.26% of the standard rate);

[H.2.2 varied by PR592096 ppc 01Jul17]

H.2.2 for employees on a stand-by roster that includes Saturday and/or Sunday—$150.28 (18.71% of the standard rate);

[H.2.3 varied by PR592096 ppc 01Jul17]

H.2.3 for Duty Officers on a Monday to Friday stand-by roster—$96.95 (12.07% of the standard rate);

[H.2.4 varied by PR592096 ppc 01Jul17]

H.2.4 for Duty Officers on a stand-by roster that includes Saturday and/or Sunday—$193.89 (24.14% of the standard rate).

H.3 Stand-by rosters

      When formulating a stand-by roster,the employer will ensure that an employee is not continuously on stand-by for more than two consecutive week-ends or for more than two consecutive working weeks (other than in exceptional circumstances).

H.4 Overnight travel

      An employee required by the employer to be absent from his or her normal residence overnight,will be provided with one of the following at the discretion of the employer:

H.4.1 a reasonable standard of hotel/motel or site camp accommodation and one evening meal and one breakfast meal,free of charge;or

H.4.2 an expense related allowance of at least equivalent value to clause H.4.1 above:or

H.4.3 reimbursement of overnight accommodation and meal expenses on the basis of the standard provided for in clause H.4.1 above.

H.5 Work related travel

      An employee will not be required by the employer to travel outside of his or her own normal working hours for work related purposes without appropriate compensation or time off in lieu,as agreed to by the employer and employee. This provision excludes an employee’s commute from his or her residence to normal place of work.

H.6 Emergencies

      In the event of a mine site emergency involving the deployment of mines rescue service employees,the following provisions of the award will be suspended for the duration of the emergency,upon the direction of the Mines Rescue Superintendent,or Assistant Superintendent:

H.6.1 clause 17.6Rest period after working overtime.

H.6.2 clause 21.1Ordinary hours of work.

H.6.3 clause 22Shiftwork.

H.6.4 clause 24—Meal breaks.

      Provided that nothing in this clause will be read as releasing the employer from payment of the normal shift allowances,penalties and overtime rates of pay that are payable for the work undertaken by employees.

H.7 Medical retirement

      Should an employee be subject to medical retirement,they will be entitled to severance pay at the rate of one week’s pay for each year of service in addition to all other accrued entitlements.

About this document
(1)
Code:
MA000001
Title:
Black Coal Mining Industry Award 2010
Effective:
21 Jun 2017
Updated:
26 Jun 2017
Instrument Type:
Modern Award
(22)
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
Black Coal Mining Industry Award 2010
(13)
(1)
2 Sep 2016
(27)
1.0.10.0