1
Fair Work Act 2009
s.185—Enterprise agreement
Graincorp Operations Ltd T/A Graincorp
(AG2022/4719)
GRAINCORP OPERATIONS LIMITED (NEWCASTLE TERMINAL)
ENTERPRISE AGREEMENT 2022
Grain handling industry
DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 28 NOVEMBER 2022
Application for approval of the GrainCorp Operations Limited (Newcastle Terminal)
Enterprise Agreement 2022
[1] An application has been made for approval of an enterprise agreement known as the
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
(Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009
(Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as
are relevant to this application for approval have been met.
[3] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining
representative for the Agreement, has given notice under section 183 of the Act that it wants
the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the
Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate
from 5 December 2022. The nominal expiry date of the Agreement is 28 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
[2022] FWCA 4163
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission WORK COMMISSION OF THE FAIR WORK
[2022] FWCA 4163
2
AE518329 PR748352
Page 1 of 62
GrainCorp Operations Limited (Newcastle Terminal) Enterprise
Agreement 2022
TABLE OF CONTENTS
Part 1— Application and Operation ........................................................................................ 3
1. Title .............................................................................................................................. 3
2. Commencement and Operation ................................................................................... 3
3. Definitions and interpretation ...................................................................................... 3
4. Objectives .................................................................................................................... 4
5. Coverage ...................................................................................................................... 4
6. Access to this Agreement ............................................................................................ 5
7. Operation and Relationship with other Industrial Instruments .................................... 5
8. Flexibility Term ........................................................................................................... 5
9. No Extra Claims, variation and renegotiation of Agreement ...................................... 6
Part 2— Consultation and Dispute Resolution........................................................................ 7
10. Consultation and Workplace Change .......................................................................... 7
11. Dispute resolution ........................................................................................................ 9
Part 3— Types of Employment, Engagement and Termination of Employment .............. 11
12. Types of employment ................................................................................................ 11
13. Duties ......................................................................................................................... 13
14. Work Health and Safety ............................................................................................. 14
15. Performance Reviews ................................................................................................ 14
16. Termination of employment ...................................................................................... 14
17. Redundancy ............................................................................................................... 15
18. Transfer of Business .................................................................................................. 17
Part 4— Wages and Related Matters ..................................................................................... 18
19. Classifications ............................................................................................................ 18
20. Wages ........................................................................................................................ 18
21. Payment of Wages ..................................................................................................... 18
22. Allowances and special rates ..................................................................................... 19
23. Superannuation .......................................................................................................... 20
24. Protective Clothing .................................................................................................... 21
GrainCorp
GrainCorp
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Part 5— Hours of Work and Related Matters ...................................................................... 23
25. Ordinary hours of work ............................................................................................. 23
26. Breaks ........................................................................................................................ 24
27. Overtime .................................................................................................................... 24
28. Shiftwork ................................................................................................................... 31
29. Working and Living Away from Home ..................................................................... 36
Part 6— Leave and Public Holidays ....................................................................................... 37
30. Annual leave .............................................................................................................. 37
31. Personal/carer’s leave ................................................................................................ 38
32. Compassionate leave ................................................................................................. 40
33. Parental Leave ........................................................................................................... 42
34. Community Service Leave ........................................................................................ 42
35. Long Service Leave ................................................................................................... 42
36. Study Leave ............................................................................................................... 43
37. Accident Leave .......................................................................................................... 43
38. Family and Domestic Violence Leave ....................................................................... 43
39. Other Leave ............................................................................................................... 43
40. Public holidays ........................................................................................................... 44
Part 7— Signatures .................................................................................................................. 46
Schedule A —Wages and Allowances .................................................................................... 47
Schedule B - Classifications .................................................................................................... 48
Schedule C – Shiftwork Roster ................................................................................................ 61
Schedule D – Indicative Staffing Levels ................................................................................. 62
GrainCorp
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Part 1 - Application and Operation
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Part 1—Application and Operation
1. Title
This Agreement is the GrainCorp Operations Limited (Newcastle Terminal)
Enterprise Agreement 2022.
2. Commencement and Operation
2.1 This Agreement comes into operation on the Commencement Date.
2.2 The nominal expiry date of this Agreement is 28 July 2025.
3. Definitions and interpretation
3.1 Definitions
In this Agreement, unless the contrary intention appears:
(a) Act means the Fair Work Act 2009 (Cth) and its subordinate legislation.
(b) Commencement Date means the date when this Agreement comes into
operation as provided in the Act.
(c) Company means GrainCorp Operations Limited (ABN 52 003 875 401).
(d) Employee means an employee of the Company to whom this Agreement
applies, who is employed in any of the classifications as described
in Schedule B of this Agreement.
(e) FWC means the Fair Work Commission;
(f) GrainCorp means GrainCorp Operations Limited (ABN 52 003 875 401);
(g) Shiftworker, for the purposes of the NES, is an employee who is available
to work on any shift Monday to Sunday and who actually attends for work as
required from time to time on both Saturday and Sunday in accordance with
the shiftwork roster contained in Schedule C. Provided however, for an
employee who is covered by either the Manufacturing and Associated
Industries and Occupations Award or Storage Services and Wholesale
Award, Shiftworker, for the purposes of the NES, means a seven day
shiftworker who is regularly rostered to work on Sundays and public
holidays, in accordance with the shiftwork roster contained in Schedule C.
(h) NES means the National Employment Standards as contained in the Act.
(i) Union means the Maritime Union of Australia.
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3.2 Interpretation
(a) A reference in this Agreement to an instrument includes a reference to the
instrument as amended or varied from time to time.
(b) NES Definitions: Where this Agreement refers to a condition of employment
provided for in the NES, the NES definition applies.
4. Objectives
4.1 The business objective of this Agreement is to enable GrainCorp and its employees to
work together to achieve GrainCorp’s mission to be an international leader in food
ingredients and agribusiness, creating value by connecting consumers and producers.
4.2 In line with the above business objective, the objectives of this Agreement are:
(a) To support customer focused business solutions, with respect to productive
work, a flexible working environment, and cost control;
(b) To facilitate GrainCorp’s commitment to zero-harm at the workplace, enable
skills acquisition and retention and build an engaged and committed
workforce;
(c) That GrainCorp leaders engage in regular and meaningful consultation with
the employees under the Agreement, and maintain effective relationships
with their representative Unions.
(d) The Agreement reflects the broader community in which it operates and
offers competitive conditions.
5. Coverage
5.1 The enterprise to which this Agreement relates is the Newcastle Grain Terminal,
operated by the Company including the road/rail receival and loading / unloading
facilities, Silo storage facility, grain laboratory; and Ship loading / unloading facilities
at sites located within the local government area of Newcastle, New South Wales
(Enterprise).
5.2 This Agreement covers:
(a) GrainCorp Operations Limited; and
(b) Employees of GrainCorp Operations Limited employed at the Enterprise in
the classifications set out and described in Schedule A of this Agreement;
and
(c) The Maritime Union of Australia (where it gave the Commission written
notice stating that it wants the enterprise agreement to cover it).
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Part 1 –Part 1 - Application and Operation
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6. Access to this Agreement
6.1 GrainCorp must ensure that copies of this Agreement and the NES are available to all
employees covered by this Agreement either on the employee notice board which is
conveniently located at or near the workplace or through electronic means.
7. Operation and Relationship with other Industrial Instruments
7.1 Interaction with Award
The Agreement replaces any awards that previously applied to employees covered by
this Agreement.
7.2 Interaction with other Agreements
This Agreement replaces all previous Enterprise Agreements made between the
parties.
7.3 The National Employment Standards and this Agreement
This Agreement shall be read and interpreted in conjunction with the National
Employment Standards (NES) provided that where there is any inconsistency between
this Agreement and the NES, the more beneficial provision to an employee shall take
precedence.
8. Flexibility Term
8.1 The Company and employee covered by this enterprise agreement may agree to make
an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with arrangements about when work is performed; and
(b) the arrangement meets the genuine needs of the Company and employee in
relation to the matter mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the Company and employee.
8.2 The Company must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no
arrangement was made.
8.3 The Company must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Company and employee; and
(c) is signed by the Company and employee and if the employee is under 18 years
of age, signed by a parent or guardian of the employee; and
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(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the
arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
8.4 The Company must give the employee a copy of the individual flexibility arrangement
within 14 days after it is agreed to.
8.5 The Company or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the
arrangement; or
(b) if the Company and employee agree in writing — at any time.
9. No Extra Claims, variation and renegotiation of Agreement
9.1 From the Commencement Date until the nominal expiry date, there will not be any
extra claims in respect of the subject matter covered by this Agreement.
9.2 This Agreement may be varied before or after its nominal expiry date in accordance
with the requirements of the Act.
9.3 Negotiations for a replacement agreement must commence at least two (2) months
before the nominal expiry date of this Agreement.
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Part 1 –Part 2 – Consultation and Dispute Resolution
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Part 2—Consultation and Dispute Resolution
10. Consultation and Workplace Change
10.1 This term applies if GrainCorp:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise that
is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work
of employees.
Major change
10.2 For a major change referred to in clause 10.1(a):
(a) the Company must notify the relevant employees of the decision to introduce
the major change; and
(b) sub-clauses 10.3 to 10.9 apply.
10.3 The relevant employees may appoint a representative, who may be the Union, for the
purposes of the procedures in this term.
10.4 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
(b) the employee or employees advise the Company of the identity of the
representative;
the Company must recognise the representative.
10.5 As soon as practicable after making its decision, the Company must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the Company is taking to avert or mitigate the adverse
effect of the change on the employees; and
(b) for the purposes of the discussion—provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
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(ii) information about the expected effects of the change on the
employees; and
(iii) any other matters likely to affect the employees.
10.6 The Company is not required to disclose confidential or commercially sensitive
information to the relevant employees.
10.7 The Company must give prompt and genuine consideration to matters raised about the
major change by the relevant employees.
10.8 If a term in this Agreement provides for a major change to production, program,
organisation, structure or technology in relation to the Enterprise, the requirements set
out in paragraph 10.2(a) and subclauses 10.3 and 10.5 are taken not to apply.
10.9 In this term, a major change is likely to have a significant effect on employees if it
results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the Company’s
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
10.10 For a change referred to in paragraph 10.1(b) [a change to the regular roster or
ordinary hours of work of employees]:
(a) the Company must notify the relevant employees of the proposed change;
and
(b) sub-clauses 10.11 to 10.15 apply.
10.11 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
10.12 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
(b) the employee or employees advise the Company of the identity of the
representative;
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the Company must recognise the representative.
10.13 As soon as practicable after proposing to introduce the change, the Company must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion—provide to the relevant employees:
(i) all relevant information about the change, including the nature of
the change; and
(ii) information about what the Company reasonably believes will be
the effects of the change on the employees; and
(iii) information about any other matters that the Company reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
10.14 The Company is not required to disclose confidential or commercially sensitive
information to the relevant employees.
10.15 The Company must give prompt and genuine consideration to matters raised about the
change by the relevant employees.
10.16 In this term “relevant employees” means the employees who may be affected by a
change referred to in subclause 10.1.
11. Dispute resolution
11.1 This clause 11 sets out the procedures to settle any dispute about any matters arising
under this Agreement, or any matter arising in the course of employment, and in
relation to the NES:
(a) Step 1: The matter will in the first instance be discussed between the
employee/s and the immediate Supervisor involved;
If the matter remains unresolved:
(b) Step 2: It will be referred for discussion between the employees’
representative and the Company's Representative.
If the matter remains unresolved:
(c) Step 3: It will be referred for discussion between the appropriate Union
Branch Official or other employee representative as nominated by the
employee and the nominated management officer.
If the matter remains unresolved:
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(d) Step 4: It will be referred for discussion between the appropriate Union
National Official or other employee representative as nominated by the
employee and the nominated management officer.
If the matter remains unresolved:
(e) Step 5: It will be referred to the Fair Work Commission for conciliation
and/or arbitration.
11.2 By agreement between the parties any or all of the above steps may be bypassed in
the interest of speedy resolution of the dispute. In any event if the dispute has not
been resolved within ten (10) days of the conclusion of Step 1 either party may initiate
Step 5.
11.3 Work will otherwise proceed under the conditions prevailing before the dispute arose.
Where those conditions cannot be restored, then work will continue in accordance
with the reasonable and lawful direction of the Company and in accordance with the
employee/s skills, competence, training and safe work practices.
11.4 If the matter is referred to the Fair Work Commission in accordance with
clause 11.1(e) or clause 11.2, the parties confer upon the Commission the full range
of conciliation and arbitration powers necessary to resolve the matter or matters in
dispute. For the avoidance of doubt, the parties’ consent to the Commission exercising
any powers or functions reasonably incidental to the conciliation and/or arbitration of
the dispute.
11.5 The parties agree that any decision or determination of the Fair Work Commission
under this clause shall be binding and final (subject to any rights of appeal under the
Act).
11.6 Employees (and any representatives if appropriate) who are directly involved in the
matter will be released from normal duties without loss of pay to assist in case
preparation and to attend the proceedings.
11.7 Both parties will meet their own legal costs and the Company will pay any cost
charged by Fair Work Commission for its services performed in conciliation or
arbitration.
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Part 1 –Part 3 – Types of Employment, Engagement and Termination of Employment
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Part 3—Types of Employment, Engagement and Termination of
Employment
12. Types of employment
An employee under this Agreement may be engaged as a full-time, part-time, casual
employee, as an employee for a specified period of time / task (temporary employee),
or under trainee employment.
12.1 Full-time employment
A full-time employee is an employee engaged to perform a full week’s work each
week.
12.2 Part-time employment
(a) A part time employee is a permanent employee who receives and is entitled
to, on a pro-rata basis, equivalent pay and conditions to those of full-time
employees who do the same kind of work, based on the guaranteed number
of hours agreed with the employee under clause 12.2(c).
(b) Minimum engagement
On any given day, part-time employees will be engaged for the same
minimum duration, period or shift (whether worked during ordinary hours or
otherwise) that applies to full-time employees.
(c) Minimum guaranteed hours of work
(i) At the time of engagement, GrainCorp and the part-time employee
will specify and agree in writing on the part-time employee's
guaranteed hours of work, and the corresponding hours to be worked
by the employee, in accordance with the guarantee in
clause 12.2(c)(ii). Any agreed variation to the part-time employee's
guaranteed hours of work will be recorded in writing.
(ii) Part-time employees will be engaged for a minimum of two (2)
days/ 14 hours per week, averaged over a work cycle of 52 weeks
(minimum guaranteed hours of work).
(iii) The minimum guaranteed hours of work will be made up of ordinary
hours of work that may be worked:
• during the span of hours described in clause 25.2(a) (which
are paid at ordinary rates of pay), or
• under shiftwork in accordance with clause 28.
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Example: if the employee’s minimum guaranteed hours of work are an average
of 2 days per week - this equates to 14 x 52 = 728 minimum guaranteed ordinary
hours of work per 52 week period paid at ordinary rates of pay.
(d) Overtime entitlements are specified in clause 27, and entitlements for
shiftwork are specified in clause 28.
12.3 Employment for a specified period of time / specified task
An employee engaged for a specified period of time or a specified task is an employee
who works on a permanent full time basis, or part time basis, but is engaged for a
specified period of time or specified task (temporary employee).
12.4 Casual employment
(a) A casual employee is one engaged and paid as such, to meet peak workloads
or other operational requirements.
(b) Casual loading
(i) A casual employee will be paid the hourly rate of pay for the
relevant classification plus a loading of 20%. This loading is paid
instead of entitlements which by virtue of the NES or this
Agreement do not apply to casual employees.
(ii) Casual employees working shiftwork under clause 28 are entitled to
receive the applicable allowances or loadings specified in that
clause, in addition to the casual loading under sub-clause (i).
(c) Minimum engagement of casual employees:
On any one day that the employee is required to work, the minimum
engagement and payment for a casual employee will be:
(i) seven (7) hours / one day; or
(ii) four (4) hours when the casual employee is engaged and works in
parallel with Terminal Shiftworkers.
(d) The employment of casual employees shall be terminated by either the
Company or the employee giving the other one day’s notice (or in the case
of the Company - payment instead of such notice).
(e) Prior to casuals being engaged to carry out operations functions, the
Company will consider the feasibility of the work being carried out on
overtime by permanent employees, subject to their availability and fatigue
management obligations.
(f) The pool of casual employees may be increased or decreased from time to
time to meet Terminal requirements.
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12.5 Trainee and Apprentice Employment
(a) In order to provide a learning path for employees, the Company may engage
an employee as an apprentice or on a trainee basis.
(b) A contract of employment will be issued by the Company outlining terms
and conditions relevant to trainee or apprentice employment and in
accordance with this Agreement and the Training Contract.
(c) Trainees
Any person engaged by the Company on a trainee basis will be employed
under Classification Grade 1 in Schedule B of this Agreement.
(d) Apprentices
(i) Apprentices will be supervised by an appropriately qualified
tradesperson.
(ii) Apprentices shall be paid the following percentages of the Grade 5
rate of pay as set out in Schedule A:
Year 1 - 55%
Year 2 - 65%
Year 3 - 75%
Year 4 - 88%
(iii) Adult apprentices, aged 21 years of age or over at the
commencement of their apprenticeship, shall be paid the Grade 1
rate of this agreement until the third year of the apprenticeship after
which they will be paid in accordance with 12.5(d)(ii) above.
13. Duties
13.1 General
(a) GrainCorp 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
classification structure.
(b) Subject to this Agreement, employees must comply with the Company’s
lawful and reasonable instructions and adhere to the Company’s policies and
procedures.
(c) The Company may direct an employee to carry out such duties and use such
tools and equipment, including protective clothing and footwear, as may be
required provided that:
(i) the employee has been properly trained in the use of such tools and
equipment;
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(ii) Any direction issued by the Company under this clause is consistent
with the Company’s responsibilities to provide a safe and healthy
working environment.
14. Work Health and Safety
14.1 Clause 4.2(b) of this Agreement identifies GrainCorp’s commitment to zero-harm at
the workplace as set out in its Values.
14.2 The Work Health and Safety Act 2011 (New South Wales) deals with the rights and
duties of GrainCorp and the Employees in relation to workplace health and safety in
the Business.
14.3 It is noted the rights and duties under the above legislation include health monitoring,
the provision of, and wearing of, protective clothing and equipment, and footwear at
all times at work. (Clause 24 deals with the provision of these items.)
15. Performance Reviews
15.1 Each employee will undergo individual performance review once a year for the
purpose of identifying further training needs the employee may require, and provide
feedback on performance.
16. Termination of employment
This clause 16 does not apply to employees engaged as casual employees or for a
specified period of time or a specified task (temporary employees).
16.1 Notice of Termination by GrainCorp
(a) In order to terminate the employment of an employee the Company shall give
to the employee the following minimum notice:
Employee’s period of continuous service with the
Company at the end of the day the notice is given
Period
1. Not more than 1 year 1 week
2. More than 1 year but not more than 3 years 2 weeks
3. More than 3 years but not more than 5 years 3weeks
4. More than 5 years 4 weeks
*the notice period above increases by one (1) week if the employee is over 45 years old and has
completed at least 2 years of continuous service with the Company at the end of the day the
notice is given.
** Note: The meaning of continuous service is set out in the Act.
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(b) Payment instead of the notice prescribed in clause 16.1(a) shall be made by
GrainCorp if it has not given the applicable notice.
(c) GrainCorp may terminate an employee’s employment by giving part of the
notice prescribed in clause 16.1(a) and part payment instead.
(d) In calculating any payment instead of notice the wages an employee would
have received in respect of the ordinary time he or she would have worked
during the period of notice had his or her employment not been terminated
shall be used.
(e) The period of notice in this clause does not apply in the case of an employee
whose employment is terminated for serious misconduct (and in such cases
wages shall be paid up to the time of dismissal only).
16.2 Notice of termination by employee
The notice of termination required to be given by an employee is the same as that
required by GrainCorp except that there is no requirement on the employee to give
additional notice based on the age of the employee concerned. If an employee fails to
give the required notice the Company may withhold from any monies due to the
employee on termination under this Agreement an amount not exceeding the amount
the employee would have been paid under this Agreement in respect of the period of
notice required by this clause less any period of notice actually given by the employee.
16.3 Job search entitlement
Where GrainCorp has given notice of termination to an employee, an employee must
be allowed up to one day’s time off without loss of pay for the purpose of seeking
other employment. The time off is to be taken at times that are convenient to the
employee after consultation with the Company, but so as not to disrupt terminal
operations.
16.4 Statement of Service
GrainCorp shall, upon receipt of a request from an employee whose employment has
been terminated, provide to the employee a written statement specifying the period of
his or her employment and the classification of or the type of work performed by the
employee.
17. Redundancy
This clause does not apply to employees engaged for a specified period of time / task,
or to casual employees.
17.1 Process
(a) Discussions before termination
Where GrainCorp has made a definite decision that the Company no longer
wishes the job the employee has been doing to be done by anyone and this is
not due to the ordinary and customary turnover of labour and that decision
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may lead to termination of employment, the Company shall hold discussions
with the employee/s directly affected and with the affected employee/s
nominated representative under clause 10, Consultation and Workplace
Change.
(b) Selection Criteria
All redundancies will initially occur on a voluntary basis. However, if there
are not enough volunteers that come forward that meet the required skill set
no longer required by the Company, a selection criteria for involuntary
retrenchments will be determined by the Company if this situation arises.
17.2 Entitlements on Redundancy
(a) In circumstances where an employee is or would be entitled to Redundancy
Pay under the NES, Redundancy Pay for that employee will be calculated as
follows:
(i) The entitlement to notice or payment instead of notice under
clause 16.1, with a minimum of six (6) weeks; plus
(ii) Four (4) weeks pay at the employee’s base rate of pay for his or her
ordinary hours of work for each completed year of continuous
service with the Company
to a maximum of 52 weeks pay (inclusive of the entitlement under
clause 16.1).
(b) Note: For the avoidance of doubt, base rate of pay under clause 17.2(a)(ii)
excludes:
• overtime
• penalty rates;
• disability allowances;
• shift allowances;
• special rates;
• fares and travelling time allowances;
• bonuses; and
• any other ancillary payments of a like nature.
17.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is entitled to
receive the benefits and payments they would have received under this clause 17 had
they remained in employment until the expiry of the notice, but is not entitled to
payment instead of notice.
17.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy
must be allowed up to one day’s time off without loss of pay during each
week of notice for the purpose of seeking other employment.
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(b) This entitlement applies instead of clause 16.3.
18. Transfer of Business
18.1 Where a business is before on or after the date of this Agreement, transferred from the
Company (in this sub-clause called the transferor) to another company (in this sub-
clause called the transferee) and an employee who at the time of such transfer was an
employee of the transferor in that business and becomes an employee of the transferee:
(a) the continuity of the employment of the employee shall be deemed not to
have been broken by reasons of such transfer; and,
(b) the period of employment which the employee has had with the transferor or
any prior transferor shall be deemed to be service of the employee with the
transferee.
18.2 In this sub-clause business includes, trade, process, business or occupation and
includes part of any such business and transfer includes transmission, conveyance,
assignment or succession whether by agreement or by operation of law and transferee
has a corresponding meaning.
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Part 4—Wages and Related Matters
19. Classifications
The classifications and classification structure for employees under this Agreement
are set out in Schedule B.
20. Wages
20.1 Wages rates
(a) GrainCorp must pay employees wages for ordinary hours worked by the
employee as prescribed in the table in clause A.1 of Schedule A.
(b) In the table in clause A.1 of Schedule A, the applicable hourly rate of pay
will be determined by dividing the total weekly wage for the classification
by 35.
21. Payment of Wages
21.1 Payment of Wages
(a) Wages shall be paid fortnightly in arrears by direct credit to an account
nominated by the employee.
(b) For part-time employees, any reconciliation in their guaranteed ordinary
hours of work and pay, pursuant to clause 12.2(c) will be undertaken
annually, or earlier:
(i) by agreement between the Company and the employee or
(ii) on termination of employment.
(c) As far as possible, all moneys due to an employee who leaves the
employment of the Company shall be paid in full on the date of termination
of employment.
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22. Allowances and special rates
22.1 Higher duties / mixed functions
(a) An employee who carries out tasks appropriate to a higher classification for
any period of time shall receive the rate of pay applicable to such higher
classification level for the whole of the shift in which the work is performed.
(b) Supervisory duties
If a Supervisor is absent for their complete normal day shift (ordinary hours)
or on overtime hours, the Company may require and nominate a suitably
competent employee to perform relief work in the Supervisor role.
Employees who are nominated and perform Relief Supervisor shall be paid
at:
(i) Grade 6 for the duration of the shift concerned, or
(ii) at Grade 7 for the period after the initial 10 consecutive working
days
in accordance under the Classification Structure in clause 19 and clause A.1
of Schedule A.
22.2 Licences
Where an employee is required to hold a licence and that employee is prepared to
carry out work within the Terminal for which the holding of the licence is a condition,
the Company shall reimburse the employee for the cost of maintaining the licence.
22.3 Meal Allowance (Overtime)
(a) Monday to Fridays
Where an employee is called upon to work overtime for:
(i) more than two (2) hours, they shall be paid one meal money
(“MM1”);
(ii) more than four (4) hours, they shall be paid two meal monies
(“MM2”)
as set out in the table in Schedule A.2.
(b) Weekends and Public Holidays
Where an employee is called upon to work overtime for:
(i) more than four (4) hours, they shall be paid one meal money
(“MM1”);
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(ii) more than nine (9) hours, they shall be paid two meal monies
(“MM2”).
(iii) more than 14 hours, they shall be paid three meal monies (“MM3”)
as set out in the table in Schedule A.2.
22.4 Conveyance Allowance
(a) Where the Company requires an employee to work overtime which finishes
at a time when either their normal or other reasonable means of transport is
not available, then the Company must reimburse the employee the reasonable
cost incurred in obtaining transportation to his/her home, provided that such
reimbursement shall not occur if the Company provides the employee with
an appropriate mode of transport to their home.
(b) Where the Company requires an employee to use their own vehicle for work
purposes the Company will reimburse kilometres travelled as per Schedule
A(A.2).
22.5 Stevedoring Allowance
(a) Any employee directed by Terminal Management to perform stevedoring
work on-board vessels shall be paid an allowance. Except as provided for in
clause 22.5(c), the allowance shall be paid for all such shifts or such parts of
shifts as the employee is performing this work.
(b) The rate of the allowance shall be as set out in the table in Schedule A.2. The
quantum of the allowance shall be reviewed and varied from time to time in
line with general movements in the stevedoring industry.
(c) Where during the working of Short Notice shiftwork as provided for in
clause 28.3 and 28.4, it is necessary to extend a shift, the stevedoring
allowance to apply to each such extension shall be in accordance with the
relevant afternoon shift allowance or night shift allowance as specified in the
table in A.2.
(d) The allowances provided for in this clause 22.5 are non-cumulative.
(e) The allowances provided for under this clause 22.5 shall be payable only
during such time as the Company is responsible for stevedoring operations at
the Terminal.
23. Superannuation
23.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act
1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and
the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with
the superannuation rights and obligations of GrainCorp and employees.
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Under superannuation legislation individual employees generally have the
opportunity to choose their own superannuation fund. If an employee does
not choose a superannuation fund, any superannuation fund nominated by
GrainCorp covering the employee applies providing the superannuation fund
is an eligible choice fund and is a fund that offers a MySuper product.
(b) The rights and obligations in these clauses supplement those in
superannuation legislation.
23.2 GrainCorp contributions
(a) GrainCorp must make such superannuation contributions to a superannuation
fund for the benefit of an employee every four (4) weeks, as will avoid
GrainCorp being required to pay the superannuation guarantee charge under
superannuation legislation.
(b) Part-time employees
(i) For the purpose of clause 23.2(a), the Company will make
contributions at no less than the part-time employee’s minimum
guaranteed hours of work and pay under clause 12.2.
(ii) Any reconciliation in superannuation contributions for part-time
employees, pursuant to clause 12.2(c) will be undertaken annually,
or earlier:
• by agreement between the Company and the employee or
• if required by law; or
• on termination of employment.
24. Protective Clothing
24.1 GrainCorp shall supply to each employee, other than an employee employed under
clause 12.3 or clause 12.4, one pair of safety boots of a type which conform to the
appropriate standard endorsed by the Australian Standards Association. The
Company will replace the safety boots when in its reasonable opinion the safety boots
are sufficiently worn or damaged to warrant replacement.
24.2 Safety boots of the type prescribed by this clause shall not be issued to any employee
who produces evidence satisfactory to the Company that it would be inadvisable for
that employee to wear such boots for reasons of health and safety.
24.3 GrainCorp shall replace the industrial clothing and safety footwear supplied to an
employee without cost to the employee, where the Company is satisfied that the
clothing or footwear is worn out or damaged and the employee returns the items to the
Company. The clothing and footwear will remain the Company’s property.
24.4 GrainCorp shall arrange for the cleaning of industrial clothing (for example overalls
used in pesticide application).
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24.5 As to the duty to wear safety equipment, refer to clauses 13 and 14.
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Part 5—Hours of Work and Related Matters
25. Ordinary hours of work
25.1 Ordinary hours of work
The ordinary hours of work will be 35 hours per week.
25.2 Day work
(a) Span of ordinary hours
For the purpose of this Agreement day work shall mean the performance of
the ordinary hours of work, other than as a Shiftworker, for seven (7)
continuous hours per day, between 0600 and 1600 hours Monday to Friday,
and with breaks taken in accordance with the respective provisions in
clause 26.
(b) Day work start times
At the commencement of this Agreement:
(i) day work start time Monday to Friday is 0730;
(ii) day work start times on Saturdays, Sundays and public holidays is
at any time between 0600 and 1500 hours, as nominated or specified
by the manager (to the hour or half-hour), or at 0000 midnight.
(c) Change of day work nominated start times
(i) The Terminal Management may change the day work start time in
clause 25.2(b), in respect of individual employees or a group of
employees, as follows:
• on Monday to Friday to a start time between 0600 and 0830
hours, by the Terminal Management giving the
employee(s) notice of such change by noon (1200 hours)
on the previous day other than in emergent circumstances;
• on Saturdays and Sundays and public holidays– to another
start time in accordance with clause 25.2(b)(ii), by the
Terminal Management giving the employee(s) notice of
such change by noon (1200 hours) on the previous Friday,
other than in emergent circumstances.
(ii) The changed starting times in sub-clause (i) shall:
• operate for a minimum of one (1) day and
• be nominated or specified by the manager to the hour or
half-hour.
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25.3 Shiftworkers
The ordinary hours of work of Shiftworkers are set out in clause 28.
26. Breaks
26.1 Meal breaks
(a) Day workers shall be entitled to a meal break of 30 minutes which shall not
count as time worked. Employees shall also be entitled to an extra five (5)
minutes to cover any time needed for walking to and from the meal room and
for washing. The total period during which an employee may be absent from
his/her work station shall not exceed 35 minutes.
(b) Shiftworkers shall be entitled to a 30 minute paid meal break on each of the
ordinary hour shifts they work. Employees shall also be entitled to an extra
five (5) minutes to cover any time needed for walking to and from the meal
room and for washing. The total period during which an employee may be
absent from his/her work station shall not exceed 35 minutes and will be
counted as time worked.
26.2 Miscellaneous breaks
Each employee shall be entitled to a crib break of ten (10) minutes once during the
course of each shift. Employees shall also be entitled to an extra five (5) minutes to
cover any time needed for walking to or from the meal room or for washing. The total
period during which an employee may be absent from his/her work station shall not
exceed 15 minutes and will be counted as time worked.
26.3 Flexibility in taking breaks
Employees shall undertake to have a level of flexibility within the times at which meal
and crib breaks are taken. This flexibility will allow terminal operations to continue
past normal meal break times or meal breaks be taken when periods of nil operations
are present. The level of shift in meal break times will be kept within a level of control,
which provides employees with suitable breaks in the normal shift.
26.4 Breaks between duty periods
Employees will be entitled to a minimum nine (9) hour break from duty between the
cessation of work on any one day and the commencement of the next shift or ordinary
hours.
27. Overtime
27.1 Payment for working overtime
(a) For any hours worked in excess of the daily ordinary hours or beyond the
spread of ordinary hours provided in clause 25.2(a) or clause 28.1(b),
respectively, payment shall be at the rate of time and one half (150%) the
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ordinary rate for the first two (2) hours on each day, and double time (200%)
the ordinary rate thereafter, except:
(i) on Sundays, payment shall be at double the ordinary rate (200%);
(ii) on a public holiday any time worked shall be paid at double and a
half (250%) the ordinary rate;
(iii) for Shiftworkers, payment for the ninth (9th) hour of a nine (9) hour
shift worked on a Thursday shall be paid at time and one half (150%)
of the ordinary rate;
(iv) for casual employees working in parallel with Shiftworkers under
clause 28.1(b) overtime is payable after the ninth (9th) hour of work
in the shift.
27.2 Rest period after overtime and overtime payments
Any employee who works so much overtime between the termination of ordinary
work on one day and the commencement of ordinary work on the next day, without
having had at least nine (9) consecutive hours off duty between these times shall
either:
(a) be released after completion of such overtime until they have had nine (9)
consecutive hours off duty without loss of pay for ordinary hours occurring
during such absence; or
(b) if upon instruction by the Company such employees resume or continue work
without having such nine (9) consecutive hours off duty, they shall be paid
at double (200%) the ordinary rate until released from duty for such period,
and shall then be absent until they have had nine (9) consecutive hours off
duty without loss of pay for ordinary hours occurring during such time.
27.3 Task Based Overtime
(a) Where the Company calls for task based overtime (for example road or rail
receival, road outloading or shipping), the Company must nominate the
overtime requirement in whole hours as specified in the following table, and
the employees may be required to remain at work until the completion of the
task or the completion time specified in the following table, whichever comes
last:
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A. Weekday Task Based Overtime
Nominated
Overtime shift
Specified completion time after start of
overtime
Minimum Hours /
Earliest completion
time
Completion Times
One (1) hour # One (1) hour# At One (1) hour#.
Two (2) hours One (1) hour (i) After One (1) hour: at
Two (2) hours
Four (4) hours Two (2) hours After Two (2) hours: at
Four (4) hours
Seven (7) hours*+ Four (4) hours After Four (4) hours: at
Seven (7) hours
Nine (9) hours or more Seven (7) hours After Seven (7) hours:
at Nine (9) hours
Notes:
# Nominated task based overtime available for road receival function only.
* In respect of the Seven (7) hour nominated shifts, a two (2) hour extension may be worked
subject to the giving of two (2) hours’ notice to the employees.
+ Flexible Finishing Time in respect of the Seven (7) hour nominated shift: the declared finishing
time will be logged, with employees given one (1) hour from this declared finishing time, paid at
the appropriate penalty rate, to return all equipment to its safe position and vacate the plant.
Payment will be made in 15 minute increments.
Nominated overtime shifts are inclusive of walking and washing time.
For Cancellation of Overtime, refer to clause 27.5(a).
B. Weekend and Public Holiday Task Based Overtime
Nominated
Overtime shift
Specified completion time after start of
overtime
Minimum Hours /
Earliest completion
time
Completion Times
Four (4) hours Four (4) hours At Four (4) hours
Seven (7) hours* Four (4) hours After Four (4) hours: at
Seven (7) hours
Nine (9) hours+ Seven (7) hours After Seven (7) hours:
at Nine (9) hours
Eleven (11) hours+ Nine (9) hours After Nine (9) hours: at
Eleven (11) hours
Twelve and a half
(12.5) hours ^+
Ten (10) hours After Ten (10) hours: at
Twelve and a half (12.5)
hours
Fourteen (14) hours*+ Eleven (11) hours After Eleven (11) hours:
at Fourteen (14) hours
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B. Weekend and Public Holiday Task Based Overtime
Nominated
Overtime shift
Specified completion time after start of
overtime
Minimum Hours /
Earliest completion
time
Completion Times
Notes:
* In respect of the Seven (7) hour and Fourteen (14) hour nominated shifts, a two (2) hour extension
may be worked subject to the giving of two (2) hours’ notice to the employees.
+ Flexible Finishing Time will apply after the completion of Seven (7) hours work where the
declared finishing time will be logged with employees given one (1) hour from this declared
finishing time, paid at the appropriate penalty rate, to return all equipment to its safe position and
vacate the plant. Payment will be made in 15 minute increments.
^ Twelve and a half (12.5) hour nominated shift may only be called in conjunction with Cl. 28.4
Short Notice Shiftwork – Option B shift patterns worked Monday to Friday, to continue 24hour
coverage.
Nominated overtime shifts are inclusive of walking and washing time.
For Cancellation of Overtime, refer to clause 27.5(b).
(b) Notice of task based overtime
The Company must nominate and notify the task based overtime under this
clause 27.3 by twelve (12) noon on the day the overtime is to be worked,
other than in emergent circumstances.
27.4 Overtime for Shiftworkers
(a) Where the Company calls for overtime for Shiftworkers, the Company must
nominate the overtime requirement as specified in the following table, and
the employees may be required to remain at work until the completion of the
task or the completion time specified in the following table, whichever comes
last:
(b) Notice of overtime for Shiftworkers
The Company must nominate and notify the overtime under this clause 27.4
by twelve (12) noon on the day the overtime is to be worked, other than in
emergent circumstances.
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A. Shiftworker Overtime – Rostered Overtime Shifts
Nominated
Overtime shift
Specified completion time after start of
overtime
Minimum Hours /
Earliest completion
time
Completion Times
Two (2) hours One (1) hour (i) After One (1) hour#: at
Two (2) hours
Four (4) hours* Two (2) hours After Two (2) hours:
at Four (4) hours
Five and a half hour
shift (5 ½)*+
Four (4) hours After Four (4) hours:
at Five and a half
hours (5 ½ ) hours
Six and a half hour
shift (6 ½) +
Five (5) hours After Five (5) hours:
at Six and a half hours
(6 ½ ) hours
Notes :
* In respect of the Four (*4) hour, Five and a half hour (5 ½) and Six and a half hour (6 ½)
nominated shifts, a two (2) hour extension may be worked subject to the giving of two (2) hours’
notice to the employees. In the event of the extend shift finishing earlier than the Two (2) hour
extension the completion times for the nominated Two (2) hour shift will apply
+ Flexible Finishing Time in respect of the Seven (7) hour nominated shift: the declared finishing
time will be logged with employees given one (1) hour from this declared finishing time, paid
at the appropriate penalty rate, to return all equipment to its safe position and vacate the plant.
Payment will be made in 15 minute increments.
@ Pre shift overtime start times for operational employees are to be either 07:30am, 9:30am or
11:30am. For maintenance employees start times will be at either 8:00am, 10:00am or 12:00
noon.
Nominated overtime shifts are inclusive of walking and washing time.
For Cancellation of Overtime, refer to clause 27.5.
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B. Shiftworker Overtime – Non Rostered Overtime Shifts
Nominated
Overtime shift
Specified completion time after start of
overtime
Minimum Hours /
Earliest completion
time
Completion Times
Seven (7) hours * Four (4) hours After Four (4) hours: at
Seven (7) hours
Nine (9) hours + Seven (7) hours After Seven (7) hours:
at Nine (9) hours
Eleven (11) hours + Nine (9) hours After Nine (9) hours: at
Eleven (11) hours
Fourteen (14) hours * Eleven (11) hours After Eleven (11) hours:
at Fourteen (14) hours
Notes :
* In respect of the Seven (7) hour and Fourteen (14) hour nominated shifts, a two (2) hour extension
may be worked subject to the giving of two (2) hours’ notice to the employees.
+ Flexible Finishing Time will apply after the completion of Seven (7) hours work where the
declared finishing time will be logged with employees given one (1) hour from this declared
finishing time, paid at the appropriate penalty rate, to return all equipment to its safe position and
vacate the plant. Payment will be made in 15 minute increments.
Nominated overtime shifts are inclusive of walking and washing time.
For Cancellation of Overtime, refer to clause 27.5.
27.5 Cancellation of Overtime
(a) Weekdays
(i) The Company may cancel overtime by 1400 hours on the day the
overtime is to be worked. For Shiftworkers, for “pre-shift” (early
overtime), overtime may be cancelled at the earliest possible
convenience. In the above circumstances, no payment is made.
(ii) The cancellation provision for overtime in sub-clause (i) will be
relaxed on those occasions when operating circumstances dictate.
The relaxation provision will allow overtime shifts to be cancelled
after the current nominated times without penalty. The use of this
provision will be limited to those extreme occasions and will not
form the normal cancellation times and shall apply to weekday
overtime only.
(b) Weekends and Public Holidays
Weekend overtime (including rostered overtime on long weekends) may be
cancelled as follows:
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(i) On the first day of the weekend (or long weekend) on which
overtime is rostered: by the working of, and payment for, four (4)
hours calculated from the rostered time of commencement of the
shift (the four (4) hours is applicable whether the rostered overtime
is of seven (7) hours or of longer duration); cancellation may be
notified at any time during the first four (4) hours;
(ii) On subsequent days on which overtime is rostered: by way of notice
to staff being available no later than 4:00 pm on the day prior to the
day on which overtime is to be worked. In this case the full rostered
overtime shall be cancelled and there shall be no payment in respect
of the overtime not worked.
(iii) In the event of the cancellation of weekend overtime, employees
will be notified by telephone, as soon as is reasonably possible by a
manager.
(iv) Nothing in this clause 27.5(b) precludes the cancellation of overtime
without penalty on the last day shift on which ordinary hours are
worked prior to the weekend or long weekend concerned.
27.6 Time off in Lieu of Payment of Overtime
(a) An employee may elect to take time off in lieu of payment of overtime at a
time agreed between the employee and the Company.
(b) Any time taken off for this purpose is to be taken at the normal hourly rate,
which is one (1) hour off for every one (1) hour overtime worked.
(c) The Company may:
(i) direct an employee to take any time off in lieu of payment of
overtime within twelve (12) weeks of working the relevant
overtime; or
(ii) pay the employee for any such overtime if they have not taken that
time off within twelve (12) weeks of working the relevant overtime.
27.7 Overtime staffing
(a) The table at Schedule D sets out indicative staffing numbers to be utilised
when overtime is worked. However, the chart does not prescribe which
functions are to be worked.
(b) Overtime staffing numbers will be set in accordance with:
(i) the functions to be worked (to be determined by Terminal
Management); and
(ii) indicative staffing numbers applicable to those functions as set out
in the table in Schedule D.
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28. Shiftwork
28.1 Shiftworkers
(a) Notice of Shiftwork
(i) The Company shall implement shiftwork rostering arrangements for
all operational employees at the Newcastle Terminal by providing
two (2) weeks' notice. Employees who are notified of shiftwork
under this clause 28.1 will work as Shiftworkers under this
Agreement.
(ii) The Company may cease the shiftwork rostering arrangements by
giving the Shiftworkers two (2) weeks' notice after which time the
employees will return to work under the Day work arrangements
under clause 25.2.
(b) Hours of work
The ordinary hours of work of Shiftworkers under clause 25.1 will be made
up as follows:
(i) three (3) x nine (9) hour shifts; and
(ii) one (1) x eight (8) shift
worked on any day of the week worked continuously (except for meal breaks)
in accordance with the applicable roster.
(c) Shiftwork allowance
Shiftworkers will be paid a shiftwork allowance of 30% more than the
employee’s ordinary rate for all shifts worked.
(d) Breaks
Shiftworker entitlements to breaks are provided in clause 26.
(e) Overtime for Shiftworkers
Overtime arrangements for Shiftworkers are provided in clause 27.
28.2 Irregular shifts – Rail Operations
(a) Seven Day Rail Roster operations
(i) The Terminal Management may direct that at times, when operation
requirements dictate, that seven (7) day rail operations be
implemented, requiring employees to work their ordinary hours
under clause 25.1 on a seven (7) day roster, Monday to Sunday
inclusive.
(ii) The Company will notify employees of the requirement to work the
seven (7) day rail operations roster on the previous Friday.
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(iii) The intent of the seven (7) day roster is to ensure that rostered days
off are weekend days or linked to weekend days. The seven day rail
roster period, where possible, will be worked in blocks of four (4)
weeks.
(iv) Employees required to work a seven (7) day roster under this
clause 28.2(a) will be paid an allowance of 20% more than the
employee’s ordinary rate for all time worked under the roster
(excluding any absence from work).
28.3 Short Notice shiftwork – Option A
The Terminal Management may require employees to work their ordinary
hours under clause 25.1 as short notice shiftwork:
• in connection with Rail Transport operations, on up to two
(2) occasions in a fortnightly pay cycle, in minimum blocks
of one (1) day, Monday to Friday or
• otherwise any other activity in minimum blocks of one (1)
week on Monday to Friday
in accordance with the following arrangements:
(i) Shifts under this clause 28.3 shall operate and be rostered to begin
at 12 midnight and/or 3.00pm.
(ii) For all time worked under the roster under this clause 28.3
(excluding any absence from work):
• The shift commencing at 12 midnight shall attract a shift
premium of 100% in addition to the weekly wage;
• the shift commencing at 3.00pm shall attract a shift
premium of 50% in addition to the weekly wage
(iii) The Terminal Management shall designate the group required to
work under this clause 28.3. The skills required to carry out the
expected work shall be the basis on which the group is selected.
(Clause 13.1 refers to the duties that employees may be required to
perform.)
(iv) Notification
• The Company shall notify the designated group of
employees of the requirement to work shiftwork by noon
(1200 hours) on the day prior to the day when a shift under
this clause 28.3 is required other than in emergent
circumstances.
• The Company shall notify the designated group of
employees of the requirement to work extensions to
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rostered shifts at any time up to two (2) hours after the
commencement of the shift concerned.
(v) Extensions and Cancellations
• The Company may cancel notified extensions to shifts
under this clause 28.3 at any time up to one (1) hour prior
to the rostered finishing time of the shift concerned.
• Any extension to rostered shifts shall be paid at the rate of
double (200%) of ordinary time, except where an employee
is directed to perform stevedoring work on-board vessels
in which case clause 22.5 will apply instead.
28.4 Short Notice Shiftwork – Option B
Despite any other provision within this agreement, the Company may require employees to
work Shiftwork for any activity under the following arrangement:
(a) Duration:
(i) Minimum of three (3) days in the pattern to a maximum of five (5)
days, however shifts are continuous and subject to fatigue
management considerations. For the avoidance of doubt, the
Company may, following the initial notification of the shift pattern
duration, reduce or extend the shift pattern duration in accordance
with the notice provisions of subclauses 28.4(b)(iv) and (b)(v)
below.
(ii) Shift patterns may be worked Monday to Friday.
(iii) Weekend Overtime staffing coverage, connected with Shiftwork
patterns/activities, will be guaranteed by employees – other than in
emergent circumstances.
(iv) Shift lengths will be of eight (8) hours duration.
(b) Notice:
(i) The Company will provide ongoing updates on upcoming activities
that may require Shiftwork, including indicative commencement,
staffing numbers, skills and completion date.
(ii) Notice of the utilisation of this shift arrangement will be confirmed
24hrs prior to commencement of the activity.
(iii) Updates will be provided during the shift(s) of how the activity is
progressing and indicative date and time of completion (example:
discharge or un/load rates on vessels/wagons may fluctuate
resulting in the shift pattern extending from an indicative 3 days to
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4 days, with notice of shiftwork completion provided on day 3 of the
pattern).
(iv) Notice of Shiftwork completion will be given 24hrs prior to
completion. The Company may withdraw the completion notice in
emergent circumstances.
(v) If completion ends on a Public Holiday, at the Company’s
discretion, the Company may provide employees with the option to:
• not work the shift (therefore will not be paid as a
Shiftworker and instead observe the Public Holiday); or
• work the shift to complete other activities assigned by the
Company until the employees return to Day Work
(minimum staffing numbers apply) and will receive
another day as the Public Holiday in lieu of the day which
is being observed.
(c) Hours of Work
(i) Morning Shift commences anytime between 06:00 and 08:30.
(ii) Afternoon Shift commences anytime between 14:00 and 16:00.
(iii) Evening Shift commences anytime between 22:00 and 00:00.
(iv) Once the start time for each shift is confirmed, it will continue for
the remainder of the pattern – other than in emergent circumstances.
(d) Shift Payments
(i) The first seven (7) hours of any shift will count towards Ordinary
Hours.
(ii) All hours beyond (post-shift) and/or before (pre-shift) the first seven
(7) hours of any shift will be at double (200%) of the employee’s
ordinary time rate.
(iii) Morning Shift shall attract a shift premium of 50% of the
employee’s ordinary time rate.
(iv) Afternoon Shift shall attract a shift premium of 50% of the
employee’s ordinary time rate.
(v) Evening Shift shall attract a shift premium of 100% of the
employee’s ordinary time rate.
(vi) Employees required to work Shiftwork under this clause will be paid
one Meal Allowance per shift as set out in table in A.2.
(vii) If a shift occurs on a Public Holiday, at the Company’s discretion,
and without interrupting or cancelling the current shift pattern, the
Company may provide employees with the option to:
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• not work the shift (therefore will not be paid as a
Shiftworker and instead observe the Public Holiday); or
• work the shift to complete other activities assigned by the
Company (minimum staffing numbers apply) and will
receive another day as the Public Holiday in lieu of the day
which is being observed.
(e) Overtime Duration (before/beyond the 8 hour shift)
Clauses 27.3, 27.4, 27.5 and 27.7 do not apply to this arrangement.
Pre-shift and Post-shift overtime may be called in blocks as outlined below.
Nominated
Overtime shift
Specified completion time after start of overtime
Minimum Hours /
Earliest completion time
Completion Times
Two (2) hours One (1) hour (i) After one (1) hour: at two (2) hours
Four (4) hours Two (2) hours After two (2) hours: at four (4) hours
Six (6) hours Flexible Finishing Time in respect of the Six (6) hour nominated
shift: the declared finishing time will be logged with employees given
one (1) hour from this declared finishing time, paid at the appropriate
penalty rate, to return all equipment to its safe position and vacate the
plant. Payment will be made in 15-minute increments.
(f) Overtime Notice
(i) The Company will nominate and notify the overtime by end of the
shift the day prior to the day the overtime is to be worked, other than
in emergent circumstances.
(ii) In respect of the two (2) hour nominated post-shift overtime, a two
(2) hour extension may be worked subject to the giving notice to the
employees by the end of the ordinary hours component of the shift.
In the event of the extended shift finishing earlier than the two (2)
hour extension the completion times for the nominated two (2) hour
shift will apply.
(iii) In respect to the four (4) hour nominated post-shift overtime, a six
(6) hour Flexible Finish Time may be worked subject to the giving
of two (2) hours’ notice to the employees.
(g) Overtime Payment
Any overtime to rostered shifts shall be paid as per clause 28.4(d)(ii), except where an
employee is directed to perform stevedoring work on-board vessels in which case clause 22.5
will apply instead.
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(h) Overtime Cancellations
(i) The Company may cancel notified overtime to shifts under this
clause at any time prior to the end of the ordinary hours component
of the shift.
(ii) The Company may cancel notified pre-shift overtime under this
clause by the end of the previous shift.
29. Working and Living Away from Home
(a) An employee may be required to travel for work and in the process stay away
from home overnight.
(b) Where an employee is required to stay overnight to work at another site the
Company will reimburse the cost of accommodation and necessary meals, in
line with Australian Tax Office (ATO) reasonable travel and meal allowance
rates, unless the Company directly provides the accommodation and
necessary meals.
(c) The time occupied in travelling to and from the other site will be paid at the
ordinary rate of pay for the first seven (7) hours of travel and any time
thereafter will be at overtime rates as per clause 27.1.
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Part 1 –Part 6 – Leave and Public Holidays
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Part 6—Leave and Public Holidays
30. Annual leave
30.1 Application
(a) Annual leave is provided in accordance with the NES and this clause 30.
(b) This clause does not apply to casual employees.
30.2 Entitlement to Annual leave
(a) Employees, other than employees covered by clause 30.2(b), shall be entitled
to 4 weeks of leave for each year of service with the Company. This meets
the annual leave entitlement under the NES.
(b) Employees whilst working as Shiftworkers shall be entitled to 5 weeks leave
for each year of service with the Company, or pro-rata for a part year worked.
This meets the annual leave entitlement under the NES.
(c) An employee’s entitlement to paid annual leave accrues progressively during
a year of service according to the employee’s ordinary hours of work, and
accumulates from year to year.
30.3 Taking paid annual leave
(a) The NES deals with the giving and taking of paid annual leave. For
reference, the NES states that all annual leave requires an approved leave
application prior to commencement of leave. The employee must give a
completed leave form to their direct Supervisor or Manager for consideration
and approval, and once approved the form must be sent to Payroll.
30.4 Employee not taken to be on paid annual leave at certain times
The NES prescribes circumstances when an employee is taken not to be on paid annual
leave, in relation to other leave entitlements (for example personal/carer’s leave) and
public holidays.
30.5 Payment for annual leave and annual leave loading
(a) The Company must pay the employee, at the time the annual leave is taken:
(i) the employee’s base rate of pay for the employee’s ordinary hours
of work in the period of annual leave, and
(ii) an annual leave loading for all time taken as paid annual leave on
the number of days of annual leave taken in any one period, as
follows:
• 17.5% for employees other than Shiftworkers; or
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• 30% for employees whilst working as Shiftworkers.
(iii) This loading does not apply to proportionate annual leave paid out
on termination of employment.
(b) If, when the employment of an employee ends, the employee has a period of
untaken paid annual leave, the Company must pay the employee the amount
that would have been payable to the employee under clause 30.5(a)(i).
(c) Cashing out of annual leave
An employee may agree to cash out an amount of annual leave, in writing in
accordance with the applicable terms of the NES, calculated at the full
amount that would have been payable to the employee under clause 30.5(a)
had the employee taken the leave that the employee has forgone.
31. Personal/carer’s leave
31.1 Application and Definitions
(a) This clause 31 refers to entitlements available under the NES for employees
other than casual employees, and is to be read subject to the Act.
For reference purposes, in this clause 31, the following definitions apply:
Immediate family means
• a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the
employee; or
• a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner
of the employee.
Spouse includes a former spouse.
De facto partner:
• means a person who, although not legally married to the employee, lives with the
employee in a relationship as a couple on a genuine domestic basis (whether the
employee and the person are of the same sex or different sexes); and
• includes a former de facto partner of the employee.
A child of a person includes:
• someone who is a child of the person within the meaning of the Family Law
Act 1975; and
• an adopted child or step-child of the person.
It does not matter whether the child is an adult.
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31.2 Entitlement to paid personal/carer’s leave
(a) Amount of leave
For each year of service with the Company, a full-time employee is entitled
to ten (10) days of paid personal/carer’s leave.
(b) Accrual of leave
An employee’s entitlement to paid personal/carer’s leave accrues
progressively during a year of service according to the employee’s ordinary
hours of work, and accumulates from year to year.
(c) Accumulated personal/carer’s leave
An employee's accumulated personal/carer’s leave entitlements are
preserved when:
(i) the employee is absent from work on unpaid leave granted by the
Company;
(ii) the Company or employee terminates the employee's employment
and the employee is re-employed within three (3) months;
(iii) the employee's employment is terminated because of illness or
injury and the employee is re-employed by the same Company; or
(iv) the employee accumulates sick leave entitlements whilst absent
from work on paid leave granted by the Company.
31.3 Taking paid personal/carer’s leave
(a) An employee may take paid personal/carer’s leave if the leave is taken:
(i) because the employee is not fit for work because of a personal
illness, or personal injury, affecting the employee; or
(ii) to provide care or support to a member of the employee’s immediate
family, or a member of the employee’s household, who requires care
or support because of:
• a personal illness, or personal injury, affecting the member;
or
• an unexpected emergency affecting the member.
(b) Notification of personal/carer’s leave
(i) An employee must give the Company notice of the taking of leave.
The notice must be given to the manager by telephone as soon as
practicable (during the first day of absence other than in extenuating
circumstances), and must advise the Company of the period, or
expected period, of the leave.
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(ii) Absence on leave as a result of planned hospitalisation or specialist
treatment should be notified to the Company prior to the leave being
taken.
(c) Evidence of personal/carer’s leave
(i) Where an employee is absent on leave for more than two (2)
consecutive days/shifts, absent from work either side of a public
holiday or if required by the Company, the employee must provide
a medical certificate from a registered medical practitioner (if
reasonably practicable), or a statutory declaration, that the leave is
being taken for a reason specified in clause 31.3(a)(i).
(ii) Upon return to work, a completed leave form (with the
abovementioned evidence if appropriate) must be provided to the
employee's direct Supervisor or Manager for consideration and
approval.
31.4 Employee not taken to be on paid personal/carer’s leave at certain times
If the period during which an employee takes paid personal/carer’s leave includes a
day or part-day that is a public holiday, the employee is taken not to be on paid
personal/carer’s leave on that public holiday.
31.5 Payment for paid personal/carer’s leave
(a) Day workers
If an employee takes a period of paid personal/carer’s leave, the Company
must pay the employee at the employee’s base rate of pay for the employee’s
ordinary hours of work in the period of personal leave.
(b) Shiftworkers
A Shiftworker who takes personal leave in accordance with this clause 31
will receive the appropriate hours of personal leave according to the
Shiftwork roster worked by the employee inclusive of any shift penalty that
would otherwise have been payable.
31.6 Taking unpaid carer’s leave
An employee may take unpaid carer’s leave in accordance with the NES.
32. Compassionate leave
32.1 Application and Definitions
This clause 32 refers to entitlements available under the NES for employees other than
casual employees, and is to be read subject to the Act.
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Note: the definitions of immediate family, spouse, de facto partner and child are referenced at the
end of clause 31.1(a) above.
32.2 Entitlement to compassionate leave
An employee is entitled to up to two and one-half (2.5) days of compassionate leave
for each occasion (a permissible occasion) when a member of the employee’s
immediate family, or a member of the employee’s household:
(i) contracts or develops a personal illness that poses a serious threat to
his or her life; or
(ii) sustains a personal injury that poses a serious threat to his or her life;
or
(iii) dies.
32.3 Taking compassionate leave
(a) An employee may take compassionate leave for a particular permissible
occasion if the leave is taken:
(i) to spend time with the member of the employee’s immediate family
or household who has contracted or developed the personal illness,
or sustained the personal injury, referred to in clause 32.2, or
(ii) after the death of the member of the employee’s immediate family
or household referred to in clause 32.2.
(b) An employee may take compassionate leave for a particular permissible
occasion as:
(i) a single continuous period; or
(ii) 2 separate periods; or
(iii) any separate periods to which the employee and the manager agree.
(c) Notification of compassionate leave
An employee must give the Company notice of the taking of leave. The
notice must be given to the Company as soon as practicable, and must advise
the Company of the period, or expected period, of the leave.
(d) Evidence of compassionate leave
If required by GrainCorp, an employee who has given the Company notice
of the taking of compassionate leave must give the Company reasonable
evidence that the leave is taken for a reason specified in clause 32.2. (This
could be a death certificate or extract of a death certificate or funeral notice
from the newspaper where there is a death.)
32.4 Payment for compassionate leave
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Part 1 –Part 6 – Leave and Public Holidays
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If an employee takes a period of compassionate leave under this clause 32, the
Company must pay the employee at the employee’s base rate of pay for the
employee’s ordinary hours of work in the period of personal leave.
33. Parental Leave
33.1 Parental leave under the NES
Parental leave is provided for in the NES.
33.2 Company Paid Parental Leave
(a) Paid Parental Leave for the Primary Carer.
The Company Leave Policy and Procedure, as updated from time to time,
outlines the entitlement to Paid Parental Leave for the Primary Carer.
(b) Paid Parental Leave for the Secondary Carer.
The Company Leave Policy and Procedure, as updated from time to time,
outlines the entitlement to Paid Parental Leave for the Secondary Carer.
34. Community Service Leave
(a) Community service leave, including leave for jury service, is provided for in
the NES.
(b) In relation to payment of jury service, the employee’s entitlement to pay, and
the requirements imposed on an employee in relation to evidence, continue
to apply after the first 10 days of absence on jury service.
35. Long Service Leave
35.1 Entitlement to long service leave
(a) On completion of ten (10) years service an employee shall be entitled to long
service leave of 294 hours leave on full pay. Further leave shall accrue on
the basis of (fifteen) 15 calendar days leave for each additional completed
year of service.
(b) Periods of leave without pay shall not be counted as service for long service
leave purposes.
(c) Employees with more than five (5) years, but less than ten (10) years service
whose services are terminated by reason of:
• illness or incapacity (subject to certificate by a legally
qualified medical practitioner);
• retirement at or over 60 years;
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Part 1 –Part 6 – Leave and Public Holidays
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• domestic or other pressing necessity proven to the
satisfaction of the Company;
• dismissal other than for the employee's serious and wilful
misconduct;
shall be entitled to pro rata payment of long service leave clause 35.1(a).
(d) Entitlements to leave under this clause 35.1 shall not accrue to casual
employees employed under clause12.4.
35.2 Taking long service leave
(a) Long service leave, after the completion often (10) years continuous service
may be taken on full pay or half pay at the discretion of the employee, but
subject to the convenience of the Company.
(b) At least one (1) month's notice shall be given by an employee wishing to take
any period of long service leave.
36. Study Leave
36.1 Where an employee is engaged in a course of study which has been recognised by the
Company as being work related, that employee shall, at the Company's discretion, be
entitled to reasonable leave for the purpose of attending compulsory lectures or
residential schools held during working hours.
36.2 Such leave shall not exceed four (4) hours per week or, in the case of residential
schools, the equivalent of four (4) hours per week.
36.3 Leave shall not be granted to attend lectures where alternative lectures are available
outside of normal working hours.
37. Accident Leave
37.1 The proviso relating to accident leave as contained in the Workplace Injury
Management and Workers Compensation Act 1998 (NSW), or such other Act as may
take its place, shall apply to persons engaged under this Agreement.
38. Family and Domestic Violence Leave
The Company Leave Policy and Procedure, as updated from time to time, outlines the
entitlement to Family and Domestic Violence Leave.
39. Other Leave
Where an employee applies for leave for a purpose for which provision is not made in
any other part of this Agreement, i.e. cultural or other like forms of leave, and that
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Part 1 –Part 6 – Leave and Public Holidays
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purpose is one for which the Company considers leave should be granted, then such
leave shall be granted.
40. Public holidays
40.1 Entitlement
(a) The NES sets out the entitlement and conditions for taking public holidays
and these provisions are in addition to the NES.
(b) Employees, including those employed under Clause 12.4 who are rostered to
work, are entitled to be absent from work on a day or part-day that is a Public
Holiday, without loss of ordinary wages where the employee is absent from
work because of the Public Holiday. Observed Public Holidays are:
(i) New Year's Day
(ii) Australia Day
(iii) Good Friday
(iv) Easter Saturday
(v) Easter Sunday
(vi) Easter Monday
(vii) Anzac Day
(viii) Queen's Birthday
(ix) Labour Day
(x) Christmas Day
(xi) Boxing Day
(xii) Annual Picnic Day
40.2 Substitution of Certain Public Holidays
(a) Substitution of Public holidays which fall on a weekend:
(i) Where Christmas Day falls on a Saturday or a Sunday, 27 December
shall be observed as the public holiday in lieu of the prescribed day.
(ii) Where Boxing Day falls on a Saturday or a Sunday, 28 December
shall be observed as the public holiday in lieu of the prescribed day.
(iii) Where New Year's Day or Australia Day falls on a Saturday or a
Sunday, the following Monday shall be observed as the public
holiday in lieu of the prescribed day.
(b) Substitution of public holidays by agreement:
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Part 1 –Part 6 – Leave and Public Holidays
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(i) The Company and individual employee may agree to the employee
taking another day as the public holiday in lieu of the day which is
being observed as the public holiday in the enterprise or relevant
section of the enterprise covered by this Agreement.
40.3 Where an additional public holiday is proclaimed or gazetted by the authority of the
Commonwealth Government or the State of New South Wales, or declared by judicial
or administrative order, and such holiday is to be observed generally by persons
throughout the State or locality, then such day shall be deemed to be holiday for the
purposes of this Agreement for employees covered by this Agreement.
40.4 Working on Public Holiday
Where Company management require the Terminal to operate on any function or
functions on:
(i) New Year's Day
(ii) Australia Day
(iii) Good Friday
(iv) Easter Saturday
(v) Easter Monday
(vi) Labour Day
(vii) Queens Birthday
(viii) Boxing Day
The parties agree to ensure that the necessary labour is available to operate that
function or those functions to cover all shifts on that public holiday.
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Part 1 –Part 7 - Signatures
Page 46 of 62
Part 7—Signatures
For an on behalf of
GrainCorp Operations Limited
For an on behalf of the Employees / Union
Signature Signature
Name and authority of person to sign Agreement Name and authority of person to sign Agreement
Address Address
Date Date
Signature of witness Signature of witness
Name of witness Name of witness
Warren Smith
Deputy National Secretary
Level 2, 365 Sussex Street, Sydney
NSW 2000
09/11/2022
Lisa MottLeanne Ehrlich
09/11/2022
Sydney, 2000
Level 28, 175 Liverpool St,
HR/IR Business Partner
Bradley Siddans
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Q. Ehrlich
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule A – Wages and Allowances
Page 47 of 62
Schedule A—Wages and Allowances
A.1 Wage rates (clause 20.1)
Classification
/ Grade
From 29 July 2022 From 29 July 2023 From 29 July 2024
(+4%) (+4%) (+4%)
Weekly Hourly Weekly Hourly Weekly Hourly
1 $1,113.70 $31.82 $1,158.25 $33.09 $1,204.58 $34.42
2 $1,335.26 $38.15 $1,388.67 $39.68 $1,444.21 $41.26
3 $1,386.43 $39.61 $1,441.89 $41.20 $1,499.57 $42.84
4 $1,437.75 $41.08 $1,495.26 $42.72 $1,555.07 $44.43
5 $1,571.50 $44.90 $1,634.36 $46.70 $1,699.74 $48.56
6 $1,584.33 $45.27 $1,647.70 $47.08 $1,713.61 $48.96
7 $1,757.06 $50.20 $1,827.34 $52.21 $1,900.44 $54.30
Weekly wage rates are referrable to the ordinary hours of work of full-time employees under
clause 25.1.
A.2 Allowances (clause 22)
Clause
reference Allowance From 29 July
2022
From 29 July
2023
From 29 July
2024
22.3 Meal Allowance (Overtime) $25.51 $26.53 $27.59
22.4(b) Per kilometre for vehicle $0.90
22.5(b) Stevedoring allowance $8.48 $8.82 $9.17
22.5(c) Extension to Afternoon shift $24.30 $25.28 $26.29
22.5(c) Extension to Night shift $41.19 $42.84 $44.56
29(b) Living away from home –
Breakfast As per ATO
29(b) Living away from home – Lunch As per ATO
29(b) Living away from home – Dinner As per ATO
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 48 of 62
Schedule B - Classifications
(ref: clause 19)
GRAINCORP VALUES
Commit to SAFETY - Deliver for our CUSTOMERS - LEAD the way - Own the RESULT
Behavioural Competencies
Role definition Grade 1
Supervision (own and of others) Works under direct supervision (either individually or in a
team environment) and is given regular direction or guidance
and whose results are constantly monitored.
Responsibility Works in accordance with standard operating procedures and
established criteria.
Discretion Exercises minimal discretion within their level of skill and
training.
Takes responsibility for own actions.
Degree of autonomy Works in accordance with standard operating procedures and
established criteria.
Quality Understands and undertakes basic quality control/assurance
procedures including the ability to recognise basic quality
deviations/faults.
Communication, Customer
Service & Relations
Provides good customer service and represents GNC values.
Treats customers with respect.
Works cooperatively with internal and external customers.
Presents general information coherently and succinctly.
Safety Demonstrates an awareness of company safety regulations and
policies.
Follows safe work practices and can report workplace hazards.
Completes a risk analysis on all activities.
Behaviours
After adequate instruction, the employee may be required to undertake any task(s) listed
below. An employee at this level would normally perform the following indicative tasks (CORE)
Supervision (Own and others) C
Responsibility C
Discretion C
Degree of Autonomy C
Quality C
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Part 1 –Schedule B - Classifications
Page 49 of 62
Communication, Customer Service &
Relations
C
Safety C
Skills/Tasks
Isolation C
Perform hygiene duties C
Road outloading – gravity spout operator C
Qualifications
Licences/Certificates/Training GrainCorp Site Induction C
Requirements may not be
mandatory but recommended for
each grade
Port of Newcastle induction C
Manual Handling C
Elevated Work Platform (EWP 11m)
competency
C
First Aid O
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Part 1 –Schedule B - Classifications
Page 50 of 62
Grade 2 Role Definition
Grain Terminal Operator - Level 2
Supervision (own and of
others)
Works under routine supervision either individually or in a team
environment.
Responsibility Is responsible for the quality of their own work subject to routine
supervision.
Accepts responsibility for performing more complex and multiple
tasks.
Discretion Exercises minimal discretion within their level of skill and
training
takes responsibility for own actions.
Degree of autonomy Is able to identify problems and report to their supervisor.
Quality Understands and undertakes quality control/assurance procedures
including the ability to recognise quality deviations/faults.
Communication, Customer
Service & Relations
Is able to receive and provide information to internal and external
customers with clarity and precision.
Is able to communicate clearly and follow up in providing
information.
Works cooperatively with internal and external customers.
Safety Demonstrates an awareness of company safety regulations and
policies hazards.
Completes a risk analysis on all activities.
Behaviours
On attainment of the Core skills and qualifications of the previous grade and after adequate
instruction, the employee may be required to undertake any task(s) listed below. An employee
at this level would normally perform the following indicative tasks (CORE)
Supervision (Own and of others) C
Responsibility C
Discretion C
Degree of Autonomy C
Quality C
Communication, Customer Service & Relations C
Safety C
Skills/Tasks
Rail receival - shunting vehicles C
Rail receival - wagon discharge C
Road outloading – mechanical spout operator O
Ship export - gallery operations C
Ship export - Shipboard loading C
Dust out loading station C
Weighbridge operations - Fast-Weigh C
Perform hygiene tasks requiring a work permit
(involving work at heights and/or in confined
space)
C
WHS Committee Member O
Rail outloading - spout operator & shunting
vehicle driver
O
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Part 1 –Schedule B - Classifications
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Sampling and Assessing – of commodities in
accordance with domestic and export quality
parameters, including the utilisation of company
data recording and reporting systems.
O
Qualifications
Confined Space certification C
Licences/ Certificates/ Training First Aid C
Requirements may not be
mandatory but recommended for
each grade
Fire Extinguisher C
Track Safety Awareness C
Shunting Vehicle movements C
Grain Stock Management System Training C
Ship loading training package C
Food Safety Training C
Drivers License O
Working Safely at heights O
Advanced Resuscitation O
Forklift license O
Front End Loader operation O
Sampling and assessing training O
Laboratory Competency Assessments – as per
GrainCorp QA task assessment guidelines
O
WHS Committee Course O
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Part 1 –Schedule B - Classifications
Page 52 of 62
Grade 3 Role definition
Grain Terminal Operator - level 3
Supervision (own and of
others)
Co-ordinates work in a team environment or works individually
under general supervision.
Communicates clearly with team members.
Responsibility Is responsible for assuring the quality of their own work and that of
others.
Accepts responsibility for performing more complex and multiple
tasks.
Discretion May require individual judgment and initiative within established
operational guidelines or with guidance.
Degree of autonomy May be required to work alone, lead work teams and/or coordinate,
supervise and /or train new employees.
Quality Understands and undertakes high level quality control/assurance
procedures including the ability to recognise high level quality
deviations/faults.
Communication, Customer
Service & Relations
Is able to receive and provide information to internal and external
customers with clarity and precision.
Is able to communicate clearly and follow up in providing
information.
Works cooperatively with internal and external customers.
Safety Follows safe work practices and can report workplace hazards
Completes a risk analysis on all activities.
Develop and implement risk assessments.
Role models safe work practices.
Behaviours
On attainment of the Core skills and qualifications of the previous grade/s and after adequate
instruction, the employee may be required to undertake any task(s) listed below. An employee
at this level would normally perform the following indicative tasks (CORE)
Supervision (Own and of others) C
Responsibility C
Discretion C
Degree of Autonomy C
Quality C
Communication, Customer Service & Relations C
Safety C
Skills/Tasks
Road receival Hopper - Western Storage C
Road Receival Hopper - Mainhouse C
Rail Receival - control room C
Rail Outload - control room (track 3) O
Control room - transferring C
Sampling & Assessing O
Grading Plant - control room O
Authorised Officer - Quality O
Qualifications
Licences/ Certificates/
Training
Plant Control System - road control room, rail control room,
rail outloading, transferring
C
Requirements may not be
mandatory but recommended
for each grade
First Aid C
Grading plant training O
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 53 of 62
Sampling and assessing training O
Relevant government department Authorised Officer
nationally recognised accreditation
O
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 54 of 62
Grade 4 Role definition
Grain Terminal Operator - level 4 or Pest Control Operator
Supervision (own and of
others)
Co-ordinates work in a team environment or works individually
under general supervision.
Communicates clearly with team members.
Responsibility Is responsible for assuring the quality of their own work and that
of others.
Accepts responsibility for performing more complex and
multiple tasks.
Discretion May require individual judgment and initiative within established
operational guidelines or with minimal guidance.
Degree of autonomy May be required to work alone, lead work teams and/or
coordinate, supervise and /or train new employees.
Quality Understands and undertakes high level quality control/assurance
procedures including the ability to recognise and resolve quality
deviations/faults.
Communication, Customer
Service & Relations
Is able to receive and provide information to internal and external
customers with clarity and precision.
Is able to communicate clearly and follow up in providing
information.
Works cooperatively with internal and external customers.
Safety Follows safe work practices and can report workplace hazards.
Completes a risk analysis on all activities.
Develop and implement risk assessments.
Role models safe work practices.
Behaviours
On attainment of the Core skills and qualifications of the previous grade/s and after adequate
instruction, the employee may be required to undertake any task(s) listed below. An employee
at this level would normally perform the following indicative tasks (CORE)
Supervision (Own and of others) C
Responsibility C
Discretion C
Degree of Autonomy C
Quality C
Communication, Customer Service & Relations C
Safety C
Skills/Tasks – as relevant to either Terminal Operator or Pest Control Operator
Terminal Operator Ship export - Control room C
Pest Control Operator Fumigation C
Pest Control Operator Pest Control Spraying C
Pest Control Operator Weed Control Spraying C
Pest Control Operator Rodent Control C
Pest Control Operator Bird Control C
Qualifications– as relevant to either Terminal Operator or Pest Control Operator
Licences / Certificates /
Training
Plant Control System - Shipping export C
Requirements may not be
mandatory but recommended
for each grade
First Aid C
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 55 of 62
Pest control license C
Ground Application license C
Fumigation license C
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 56 of 62
Grade 5 Role definition
Electrical or Mechanical Fitter
Supervision (own and of
others)
Is capable of performing efficiently without supervision any tasks
reasonably required of them.
Acts in a supervisory capacity of site operations and employees.
Exercises extensive skills, knowledge and decision making.
Communicates clearly with team members.
Responsibility Is responsible for all terminal operations including but not limited to in
a Shift Supervision capacity.
Takes personal responsibility for achieving results.
Discretion May require individual judgement and initiative within established
operational guidelines or with minimal guidance.
Degree of autonomy Is required to work alone, lead work teams and/or coordinate,
supervise and /or train new employees.
Exercises extensive skills, knowledge and decision making.
Quality Understands and undertakes high level quality control/assurance
procedures including the ability to recognise and resolve quality
deviations/faults.
Communication,
Customer Service &
Relations
Is able to receive and provide information to internal and external
customers with clarity and precision.
Is able to communicate clearly and follow up in providing
information.
Works cooperatively with internal and external customers.
Provides team members with feedback as to performance and
behavior.
Safety Follows safe work practices and can report workplace hazards.
Develop and implement risk assessments.
Role models safe work practices.
Ensures team adheres to safe work practices.
Proactively identifies and identifies workplace hazards.
Behaviours
After adequate instruction, the employee may be required to undertake any task(s) listed
below. An employee at this level would normally perform the following indicative tasks (CORE)
Supervision (Own and of others) C
Responsibility C
Discretion C
Degree of Autonomy C
Quality C
Communication, Customer Service & Relations C
Safety C
Skills/Tasks
Plant Maintenance proficiency (ability to work,
troubleshoot & resolve alone)
C
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 57 of 62
Preventative maintenance C
Issuing of Site Work Permits C
Issuing of Hot Work Permits C
During rail overtime shifts maintenance staff that have
completed appropriate training may be required to
undertake Track Control work to ensure the elevation of
grain from the receival hoppers is carried out over
nominated production meal breaks.
C
Plant control basic operation C
PLC competency (electrical fitter only) O
SAP (Maintenance Module) O
Supervise contractors O
Fluid Power and diesel O
Telecommunications O
Qualifications – as relevant to respective trade requirement
Licences/ Certificates/
Training
Hazardous Area Compliance C
Requirements may not be
mandatory but
recommended for each
grade
High Voltage Compliance Level 2 & 3 C
Confined Space certification C
First Aid C
Advanced Resuscitation O
Low Voltage Rescue and CPR Training C
Fire Extinguisher C
GrainCorp Induction C
Port of Newcastle Induction C
Track Safety Awareness C
Shunting Vehicle movements C
Food Safety Training C
Risk Assessment training C
Trade Certificate C
Restricted Electrical Licence (Mechanical Fitters only) C
Forklift license C
Elevated Work Platform (EWP) High Risk License O
Work Safely at Heights O
Front end loader operations O
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 58 of 62
Grade 6 Role definition
Working Operations Supervisor
Supervision (own and of
others)
Is capable of performing efficiently without supervision any tasks
reasonably required of them.
Holds a Supervisor position and exercises extensive skills,
knowledge and decision making.
Communicates clearly with team members.
Responsibility Is responsible for all terminal operations including but not limited
to in a Shift Supervision capacity.
Takes personal responsibility for achieving results.
Discretion Requires individual judgment and initiative within established
operational guidelines or with minimal guidance.
Degree of autonomy Is required to work alone, lead work teams and/or coordinate,
supervise and /or train new employees.
Exercises extensive skills, knowledge and decision making.
Quality Understands and undertakes high level quality control/assurance
procedures including the ability to recognise and resolve quality
deviations/faults.
Communication, Customer
Service & Relations
Is able to receive and provide information to internal and external
customers with clarity and precision.
Is able to communicate clearly and follow up in providing
information.
Works cooperatively with internal and external customers.
Provides team members with feedback as to performance and
behavior.
Proactively seeks out relationships and resolves issues through
continuous improvement.
Safety Follows safe work practices and can report workplace hazards
Develop and implement SWIs.
Role models safe work practices.
Ensures team adheres to safe work practices.
Proactively identifies workplace hazards.
Behaviours
After adequate instruction, the employee may be required to undertake any task(s) listed
below. An employee at this level would normally perform the following indicative tasks (CORE)
Supervision (Own and of others) C
Responsibility C
Discretion C
Degree of Autonomy C
Quality C
Communication, Customer Service & Relations C
Safety C
Skills/Tasks
Supervision of staff during hours of operation C
Labour allocation C
Preparation of overtime rosters C
Inductions for employees and contractors C
Qualifications
Frontline Management or equivalent C
Safety Leadership C
First Aid C
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 59 of 62
Training and Assessment or equivalent O
Role definition Grade 7
Operations Supervisor / Electrical or Mechanical Supervisor /
Hygiene Supervisor.
Supervision (own and of
others)
Performs supervision of any tasks reasonably required of them.
Holds an Operations Supervisory position and exercises extensive
skills, knowledge and decision making Communicates clearly
with team members.
Responsibility Is responsible for all terminal operations including but not limited
to in an Operation Supervision capacity.
Takes personal responsibility for achieving results.
Discretion Is required to exercise individual judgment, take initiative and
communicate reasoning for decisions.
Degree of autonomy Is required to work alone, supervise teams and/or coordinate,
supervise and /or train new employees.
Exercises extensive skills, knowledge and decision making.
Quality Understands and undertakes high level quality control/assurance
procedures including the ability to recognise and resolve quality
deviations/faults.
Communication, Customer
Service & Relations
Is able to receive and provide information to internal and external
customers with clarity and precision.
Is able to communicate clearly and follow up in providing
information.
Works cooperatively with internal and external customers.
Provides team members with feedback as to performance and
behavior.
Proactively seeks out relationships and resolves issues through
continuous improvement.
Safety Follows safe work practices and can report workplace hazards.
Develop and implement SWIs.
Role models safe work practices.
Ensures team adheres to safe work practices.
Proactively identifies workplace hazards.
Behaviours
After adequate instruction, the employee may be required to undertake any task(s) listed
below. An employee at this level would normally perform the following indicative tasks (CORE)
Supervision (Own and of others) C
Responsibility C
Discretion C
Degree of Autonomy C
Quality C
Communication, Customer Service &
Relations
C
Safety C
Skills/Tasks
SAP - purchasing C
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule B - Classifications
Page 60 of 62
Completing of work schedules in Kronos for
all employees
C
Planning of hygiene and operational
functions
C
Inductions for employees and contractors C
SAP Maintenance (Mechanical Supervisor /
Electrical Supervisor only)
O
Qualifications
Frontline Management or equivalent C
Safety Leadership C
First Aid C
Advanced Resuscitation C
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule C – Shiftwork Roster
Page 61 of 62
Schedule C – Shiftwork Roster
(Reference clause 3.1(g) )
C.1 Four (4) groups will work each shift type for two (2) consecutive weeks before moving
onto the next shift type. The full eight (8) week cycle is detailed below:
Crew A
Crews
Crew e
Crew D
Crew A
Crew s
Crew C
Crew D
Crew A
Crew s
Crew e
Crew D
Crew A
Crew s
Crew e
Crew D
Monday
0730-1630
1300-2200
OFF
OFF
Monday
OFF
0730-1630
1300-2200
OFF
Monday
OFF
OFF
0730-1630
1300-2200
Monday
1300-2200
OFF
OFF
0730-1630
Tuesday Wednesday
0730-1630 0730-1630
1300-2200 1300-2200
O FF OFF
O FF OFF
Tuesday Wednesday
O FF OFF
0730-1630 0730-1630
1300-2200 1300-2200
O FF OFF
Tuesday Wednesday
O FF OFF
O FF OFF
0730-1630 0730-1630
1300-2200 1300-2200
Tuesday Wednesday
1300-2200 1300-2200
O FF OFF
O FF OFF
0730-1630 0730-1630
Week 1
Thursday Friday Sarurday Sunday
0730-1530 OFF O FF OFF
1400-2200 OFF O FF OFF
0730-1530 0730-1630 0730-1630 0730-1630
1400-2200 1300-2200 1300-2200 1300-2200
Week 3
Thursday Friday Sarurday Sunday
1400-2200 1300-2200 1300-2200 1300-2200
0730-1530 OFF O FF OFF
1400-2200 OFF O FF OFF
0730-1530 0730-1630 0730-1630 0730-1630
Weeks
Thursday Friday Sarurday Sunday
0730-1530 0730-1630 0730-1630 0730-1630
1400-2200 1300-2200 1300-2200 1300-2200
0730-1530 OFF O FF OFF
1400-2200 OFF O FF OFF
Week 7
Thursday Friday Sarurday Sunday
1400-2200 OFF O FF OFF
0730-1530 0730-1630 0730 -1630 0730-1630
1400-2200 1300-2200 1300-2200 1300-2200
0730-1530 OFF O FF OFF
Week 2
Monday Tuesday W ednes day Thurs day Friday Saturday Sunday
0730-1630 0730-1630 0 730-1630 0730-1530 OFF OFF OFF
1300-2200 1300-2200 1300-2200 1400-2200 OFF OFF OFF
OFF OFF O FF 0730-1530 0730-1630 0730-1630 0730-1630
OFF OFF OFF 1400-2200 1300-2200 1300-2200 1300-2200
Week4
Monday Tuesday W ednes day Thurs day Friday Saturday Sunday
OFF OFF O FF 1400-2200 1300-2200 1300-2200 1300-2200
0730-1630 0730-1630 0730-1630 0730-1530 OFF OFF OFF
1300-2200 1300-2200 1300-2200 1400-2200 OFF OFF OFF
OFF OFF OFF 0730-1530 0730-1630 0730-1630 0730-1630
Week6
Monday Tuesday W ednes day Thurs day Friday Saturday Sunday
OFF OFF OFF 0730-1530 0730-1630 0730-1630 0730-1630
OFF OFF OFF 1400-2200 1300-2200 1300-2200 1300-2200
0730-1630 0730-1630 0730-1630 0730-1530 OFF OFF OFF
1300-2200 1300-2200 1300-2200 1400-2200 OFF OFF OFF
Weeks
Monday Tuesday W ednes day Thurs day Friday Saturday Sunday
1300-2200 1300-2200 1300-2200 1400-2200 OFF OFF OFF
OFF OFF OFF 0730-1530 0730-1630 0730-1630 0730-1630
OFF OFF OFF 1400-2200 1300-2200 1300-2200 1300-2200
0730-1630 0730-1630 0 730-1630 0730-1530 OFF OFF OFF
- VM-2200 11042200 3
Week 1 Week 2 Monday Tuesday Wednesday Thursday Friday Saturday unday Monday Tuesday Wedresday Thursday Friday Saturday Sunday Crew A 0735-1639 5/35-1635 5735-1635 0732-1535 OFF OFF OFF 0735 1630 2735-1636 2735-1635 0731-1512 OFF DEF OFF Craw B 1300-2266 1355-2255 1306-3000 1400-2200 OFF 1356-2250 1336-1200 1400-2200 1400-22.00 OFF OFF CrewC OFF 0730-1530 07 35-1635 0735-1639 0710-1630 OFF OFF 0730-1515 0730-1638 5735-1635 0715-16.30 CrewD OFF 1400-2200 1305-2006 1300-2205 1305-2200 OFF OFF 1450-2006 1300-2000 1350- 2200 1306-2300 Weeks Werk4 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wedresday Thursday Friday saturday Sunday CREW A OFF OFF DEF 1400-2200 1355-2055 1355-2055 1305-2000 OFF OFF 1.404-22499 1-947- 22497 1.900 2.200 1.10M) 224M7 Crew6 0735-1632 0730-1635 5732-1535 OFF OFF 0735-1635 0730-1636 5735-1635 0731-1530 OFF UFF OFF 1355-2200 1400-2200 OFF OFF OFF 1305-2255 1400 2200 1400-2200 OFF OFF OFF CrewD OFF 0735-1535 57 35-1635 5735-1635 0732-1630 OFF OFF 0737-1530 0/35-1635 0735-1635 3735-1630 Week 5 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wedresday Thursday Friday Saturday Sunday CrEWA OFF OFF 2735-1535 57 35-1635 0736-1635 5735-1635 OFF OFF 07311518 5730-1636 5735-1635 5735-1632 CrewD OFF OFF OFF 1400-2200 1155-2250 1356-3255 1300-2000 Crew C 15735-1636 0/35-1635 0735- 1635 2/10-1542 OFF OFF 5735-1635 0730-1630 5735-1635 5736-1512 OFF OFF OFF Crew D 1356-2055 1355-2055 13500200 1450-2252 OFF OFF 1305-2000 1306-2005 1355-2205 1450-2258 OFF OFF Werk # Monday Tuesday Wedresday Thursday Friday Saturday Sunday Saturday Sunday Monday Tuesday Wedresday Thursday Friday saturday sunday CTEW A 11305- 200 1355-2250 1356-2330 1400-2200 OFF OFF OFF 1305-2006 1336 2258 1300 2.200 1400 2.200 OFF OFF CrewD OFF OFF TOFF 0710-1535 57 35-1635 0735-1635 0735-1630 OFF OFF 0735-15 16 8735-1638 0735- 1635 0/15-1612 CEWC OFF OFF OFF 1400-2200 1355-0255 1356-0250 OFF 1900 2200 19002200 0735-1635 0735-1635 0735-1635 0735-1535 OFF OFF OFF 0735-1635 0737-1638 2735-1635 5737-1539 OFF OFF OFF
GrainCorp Operations Limited (Newcastle Terminal) Enterprise Agreement 2022
Part 1 –Schedule D – Indicative Staffing Levels
62 of 56 | P a g e
Schedule D– Indicative Staffing Levels
(clause 27.7)
Out Control Gallery Gantry Maintenance Total
SHIP 1 GANG 1+1 2 1 2 7
2 GANG 1+1 2 3 2 9
3 GANG * 2 2 5 2 11
4 GANG * 2 2 6 2 12
Rec Control Floor Maintenance Total
RAIL Continuous 1+1 6 2 10
Non Continuous 1 4 2 7
* Subject to review at some point in future resulting from risk assessment.
Note:
1. Maintenance numbers are for single operation only, i.e. rail or ship. If both functions are
operating simultaneously, then maintenance manning would be 4.
2. Refer to clause 21 re: the relief person for outturn control and receival control and the working
supervisor position.
3. These numbers are indicative and may be adjusted as required.