Tomago Aluminium Company Pty. Limited - Maintenance Trades Enterprise Agreement 2018

1

Fair Work Act 2009 
s.185—Enterprise agreement

Tomago Aluminium Company Pty Ltd
(AG2018/2080)

TOMAGO ALUMINIUM COMPANY PTY. LIMITED - MAINTENANCE 

/ TRADES ENTERPRISE AGREEMENT 2018

Aluminium industry

COMMISSIONER MCKINNON MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Tomago Aluminium Company Pty. Limited - Maintenance / 
Trades Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the 
Tomago Aluminium Company Pty. Limited – Maintenance / Trades Enterprise Agreement 
2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009
(the Act). It has been made by Tomago Aluminium Company Pty Ltd. The Agreement is a 
single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. A copy of the 
undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause 
financial detriment to any employee covered by the Agreement and that the undertakings will 
not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the 
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 
been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing 
and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, 
Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 
Union (AMWU) being bargaining representatives for the Agreement, have given notice under 
s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I 
note that the Agreement covers the organisations.

[2018] FWCA 5855

DECISION


AUSTRALIA FairWork Commission






[2018] FWCA 5855

2

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
25 September 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE500167  PR700497


OF THE AUSTRAL THE SEAL WORK COMMISSION




 



[2018] FWCA 5855

3

Annexure A

IN THE FAIR WORK COMMISSION 

FWC Matter No.: 
AG2018/2080 

Applicant: 
Tomago Aluminium Company Pty. Limited 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking- Section 190 

I, Ben Cook, Human Resource Superintendent for Tomago Aluminium Company Pty. Limited 
give the following undertakings with respect to the Tomago Aluminium Company Ply. Limited 
- Maintenance I Trades Enterprise Agreement 2018 ("the Agreement"): 

1. I have the authority given to me by Tomago Aluminium Company Pty. Limited to 
provide this undertaking in relation to the application before the Fair Work 
Commission. 

2. If any terms of the Agreement are less beneficial than the National Employment 
Standards ("the NES"), then NES will prevail. 

3. Despite any other provision of the Agreement, an employee is entitled to 48 hours 
compassionate leave on the death of a same sex de facto partner. 

4. These undertakings are provided on the basis of issues raised by the Fair 
Work Commission In the application before the Fair Work Commission. 

Signature 

Date 

1 


IN THE FAIR WORK COMMISSION FWC Matter No .: AG2018/2080 Applicant: Tomago Aluminium Company Pty. Limited Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Ben Cook, Human Resource Superintendent for Tomago Aluminium Company Pty. Limited give the following undertakings with respect to the Tomago Aluminium Company Pty. Limited - Maintenance / Trades Enterprise Agreement 2018 ("the Agreement"): 1. I have the authority given to me by Tomago Aluminium Company Pty. Limited to provide this undertaking in relation to the application before the Fair Work Commission. 2. If any terms of the Agreement are less beneficial than the National Employment Standards ("the NES"), then NES will prevail. 3. Despite any other provision of the Agreement, an employee is entitled to 48 hours compassionate leave on the death of a same sex de facto partner. 4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 13/9/2018 Date 1




 



Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 
 

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TOMAGO ALUMINIUM COMPANY PTY. LIMITED 
 

 

 
 
 

TOMAGO ALUMINIUM 
 

MAINTENANCE / TRADES 
 

ENTERPRISE  
 

AGREEMENT 
 

2018 
  

 
 
 
 
 






Mouzakis
UT



Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 
 

 

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Contents 
 
PART 1: GENERAL AGREEMENT CONDITIONS ................................................................... 8 

1.1. Title ...................................................................................................................................... 8 
1.2. Parties Bound ...................................................................................................................... 8 
1.3. Application ........................................................................................................................... 8 
1.4. Relationship to Parent Award & Other Legislation ........................................................... 8 
1.5. Date & Period of Operation ................................................................................................ 8 
1.6. Fair Work Act - National Employment Standards ............................................................ 8 
1.7. No Extra Claims .................................................................................................................. 9 
1.8. Implementation of Agreement ............................................................................................ 9 
1.9. Unintended Consequences ................................................................................................ 9 
1.10. Agreement Distribution ................................................................................................... 9 

PART 2. THE COMMITMENTS OF TAC AND ITS EMPLOYEES .......................................... 10 
2.1. Consultation for the Introduction of Change in the Workplace ..................................... 10 

2.1.1. Tomago’s Duty to Consult .................................................................................... 10 
2.2. Consultative Principles ..................................................................................................... 10 

2.2.1. Steering Committee .............................................................................................. 10 
2.2.2. Maintenance / Trades EA Supporting Documents Register .............................. 11 

2.3 Individual Flexibility ........................................................................................................... 11 
2.4. Joint Partnership Objectives ............................................................................................ 12 
2.5. Teams at TAC ................................................................................................................... 12 
2.6. Grading Structure.............................................................................................................. 13 

2.6.1. Grading Structure Process Owner ....................................................................... 13 
2.7. Union Delegates ............................................................................................................... 13 

2.7.1. Senior Delegate/Convenor ................................................................................... 13 
2.8. Right of Entry of Union Official. ....................................................................................... 14 
2.9. Paid Monthly Union Communication Meetings. ............................................................. 14 
2.10. Union Noticeboard ........................................................................................................ 14 
2.11. Novated Leases. ........................................................................................................... 14 
2.12. Contract Labour ............................................................................................................ 14 

2.12.1. Definition ................................................................................................................ 14 
2.12.2. Consultation ........................................................................................................... 14 
2.12.3. Utilisation of Contract Labour ............................................................................... 14 
2.12.4. Remuneration ........................................................................................................ 15 

PART 3 TERMS & CONDITIONS OF EMPLOYMENT .......................................................... 16 
3.1. Contract of Employment ................................................................................................... 16 

3.1.1. Period of Contract ................................................................................................. 16 
3.1.2. Duties Performed .................................................................................................. 16 
3.1.3. Termination of Employment.................................................................................. 16 
3.1.4. Deduction of Pay ................................................................................................... 16 
3.1.5. Deduction of Pay - Industrial Action..................................................................... 16 
3.1.6. Timekeeping .......................................................................................................... 16 
3.1.7. Abandonment of Employment .............................................................................. 17 

PART 4: HOURS OF WORK / MEAL BREAKS ..................................................................... 18 
4.1. Definitions .......................................................................................................................... 18 
4.2. Work Roster / Start Time Review Process ..................................................................... 19 

4.2.1. Evaluation Process................................................................................................ 19 
4.2.2. Change Process .................................................................................................... 19 








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4.2.3. Daywork Base Roster and Start Time ................................................................. 19 
4.3. Daywork Ordinary Hours .................................................................................................. 19 

4.3.1. Daywork – Altering Ordinary Working Hours ...................................................... 20 
4.4. Continuous Shiftworkers – Ordinary Hours of Work ...................................................... 20 
4.5. Non-Continuous Shiftworkers – Ordinary Hours of Work .............................................. 20 

4.5.1. Rostered Hours ..................................................................................................... 20 
4.5.2. Shifts ....................................................................................................................... 21 

4.6. Shift Rosters ...................................................................................................................... 21 
4.7. One Shift in 24 Hours ....................................................................................................... 21 
4.8. Shiftwork on Saturdays .................................................................................................... 21 
4.9. Shiftwork on Sundays and Public Holidays .................................................................... 21 
4.10. Variations of the Method of Working Shifts................................................................. 22 
4.11. Permanent Transfer from Shift Work to Day Work .................................................... 22 
4.12. Transfers from Daywork to and from Shiftwork .......................................................... 22 
4.13. All Employees – Leisure / Roster Days Off................................................................. 23 

4.13.1. Leisure / Roster Days Banking ............................................................................ 23 
4.14. Dayworkers - Meal Breaks ........................................................................................... 23 
4.15. Shiftworkers - Meal Breaks .......................................................................................... 24 
4.16. All Employees - Meal Breaks On Sundays & Public Holidays .................................. 24 
4.17. Flexible Working Hours ................................................................................................ 24 

4.17.1. Objective ................................................................................................................ 24 
4.17.2. Trialling and Implementing a New Flexible Hours Roster .................................. 24 
4.17.3. Duration and Ceasing of Trials ............................................................................ 25 
4.17.4. Occupational Health & Safety .............................................................................. 25 
4.17.5. Review & Operation of Flexible Working Hours ................................................. 25 

4.18. Requests for Flexible Working Arrangements ............................................................ 25 
PART 5 THE TOMAGO STABLE INCOME PLAN  (TSIP) .................................................... 26 

5.1. Introduction ........................................................................................................................ 26 
5.2. Aims & Objectives of the Tomago Stable Income Plan ................................................. 26 
5.3. The Stable Income Plan ................................................................................................... 26 

5.3.1. Ordinary Rate ........................................................................................................ 26 
5.3.2. Penalties & Allowances......................................................................................... 26 

5.3.2.1. Shiftwork Penalties ....................................................................................... 26 
5.3.3. Supplementary Hours ........................................................................................... 26 
5.3.4. Additional Payments ............................................................................................. 27 
5.3.5. Working Through Meal Breaks ............................................................................. 27 

5.4. TSIP Salary Increases ...................................................................................................... 27 
5.5. TSIP Salaries – Not Including Supplementary Hours .................................................... 28 
5.6. TSIP Salaries – Including Supplementary Hours ........................................................... 28 
5.7. Ordinary Rates .................................................................................................................. 29 
5.8. Allowances ........................................................................................................................ 29 

5.8.1. Allowances Paid in TSIP ....................................................................................... 29 
5.8.1.1. Tool Allowance ............................................................................................. 30 
5.8.1.2. Meal Allowance............................................................................................. 30 
5.8.1.3. Electricians Licence...................................................................................... 30 
5.8.1.4. Refrigeration / Air Conditioning Allowance ................................................. 30 
5.8.1.5. Shift Allowance ............................................................................................. 31 

5.8.2. Allowances Paid On Top of TSIP ......................................................................... 31 
5.8.2.1. First Aid Allowance ....................................................................................... 31 








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5.8.2.2. Responsibility Allowance ............................................................................. 31 
5.8.2.3. Substation On-Call Allowance ..................................................................... 31 
5.8.2.4. Emergency Response Allowance ............................................................... 32 
5.8.2.5. Meal Allowance – Opted Out Employees ................................................... 32 
5.8.2.6. Pool Allowance ............................................................................................. 32 

5.9. Public Holidays .................................................................................................................. 32 
5.9.1 Rostered Off Public Holidays for Shiftworkers .................................................... 32 

5.10. Payment of Salaries ...................................................................................................... 33 
5.10.1. Statement of Salary............................................................................................... 33 
5.10.2. Late Payment of Salary ........................................................................................ 33 
5.10.3. Payment on Termination ...................................................................................... 33 
5.10.4. Authorised Deductions .......................................................................................... 33 
5.10.5. Deductions for Unapproved Absence .................................................................. 34 
5.10.6. Time & Wages Record .......................................................................................... 34 

5.11. Superannuation ............................................................................................................. 34 
5.12. Workers Compensation ................................................................................................ 34 

5.12.1. Entitlements ........................................................................................................... 34 
5.12.2. Payments ............................................................................................................... 35 

5.13. Mixed Functions ............................................................................................................ 35 
PART 6: SUPPLEMENTARY HOURS / RECALLS / OVERTIME .......................................... 36 

6.1. Supplementary Hours - Key Principles ........................................................................... 36 
6.2. Supplementary Hours Guidelines .................................................................................... 36 

6.2.1. Structure and Safeguards ..................................................................................... 36 
6.2.2. Employee Changes Teams .................................................................................. 36 
6.2.3. New starters ........................................................................................................... 37 
6.2.4. Workers Compensation/Suitable Duties/Extended Absences........................... 37 

6.3. Voluntary ‘Opting In’–‘Opting Out’ from Supplementary Hours Obligations ................ 37 
6.3.1. Voluntary ‘Opting-Out’ Mid Year .......................................................................... 37 

6.4. Utilisation of Supplementary Hours ................................................................................. 37 
6.4.1 Supplementary Hours and the Minimisation of Additional Overtime ................. 38 
6.4.2. After Hours Phone Calls for Technical Assistance ............................................. 38 

6.5. Supplementary Hours and Training ................................................................................ 38 
6.6. Individual’s Obligation....................................................................................................... 39 
6.7. Monitoring of Supplementary Hours ................................................................................ 39 

6.7.1. Graph 1 - Monitoring of Responses versus Requests ....................................... 39 
6.7.2. Graph 2 - Individual Hours Worked ..................................................................... 39 

6.8. Removal of Supplementary Hours .................................................................................. 40 
6.9. Minimum Manning............................................................................................................. 40 
6.10. Transfers Between Shift Crews ................................................................................... 41 
6.11. Additional Labour .......................................................................................................... 41 
6.12. Organisation’s Obligation ............................................................................................. 41 
6.13. Individual’s & Organisation’s Obligation ...................................................................... 41 
6.14. Supplementary Hours Bank ......................................................................................... 41 

6.14.1. Work in excess of the Supplementary Hours Bank ............................................ 41 
6.15. Additional Labour – Substantial Absences ................................................................. 41 

6.15.1. Definition of Substantial absence ........................................................................ 42 
6.16. Recalls ........................................................................................................................... 42 

6.16.1. Definition ................................................................................................................ 42 
6.16.2. Type of Work Performed ...................................................................................... 42 








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6.16.3. All Employees - Recall Rest Periods ................................................................... 42 
6.16.4. Recalls for Supplementary Hours ........................................................................ 43 
6.16.5. Opted Out Payments for Recalls ......................................................................... 43 

6.17. All Employees - Meal Breaks On Supplementary Hours / Overtime ........................ 43 
6.18. Overtime ........................................................................................................................ 43 

6.18.1. Opted Out Employees - Reasonable Overtime .................................................. 43 
6.18.2. Opted Out Employees - Refusal of Overtime ..................................................... 43 
6.18.3. Dayworkers & Non-Continuous Shiftworker Overtime ....................................... 44 

6.18.3.1. Monday to Friday ........................................................................................ 44 
6.18.3.2. Saturday ...................................................................................................... 44 
6.18.3.3. Sunday, Public Holiday and Leisure Days ............................................... 44 

6.18.4. Continuous Shiftworker’s Overtime ..................................................................... 44 
6.18.5. Overtime Calculation ............................................................................................. 45 
6.18.6. Continuous & Non-Continuous  Shiftworker: Non Payment For Overtime ....... 45 
6.18.7. All Employees - Rest Periods ............................................................................... 45 

6.18.7.1. Rest Period Not Given ............................................................................... 45 
6.19. All Employees - Transport of employees .................................................................... 45 

PART 7: SHUTDOWNS / EXTENDED BREAKDOWNS ........................................................ 46 
7.1. Shutdowns ......................................................................................................................... 46 

7.1.1. Shutdown Premium Payment ............................................................................... 46 
7.1.2. Appropriate Notice Not Received ......................................................................... 46 
7.1.3. Cancellation of a Shutdown .................................................................................. 46 
7.1.4. Extension of a Shutdown ...................................................................................... 46 
7.1.5. Shiftworkers ........................................................................................................... 47 

7.2. Extended Breakdowns ..................................................................................................... 47 
7.2.1. Extended Breakdown Premium Payment ........................................................... 47 
7.2.2. Appropriate Notice Not Received ......................................................................... 47 
7.2.3. Shiftworkers ........................................................................................................... 47 

7.3. Shutdown / Extended Breakdown Premium Payment. .................................................. 48 
7.3.1. Pro-Rata Premium Payments............................................................................... 48 
7.3.3. Premium Payment Tables .................................................................................... 49 

PART 8: PERMANENT PLANT POOL .................................................................................. 50 
8.1. Purpose and Definition ..................................................................................................... 50 
8.2. Working in New Areas ...................................................................................................... 50 
8.3. Company Obligation ......................................................................................................... 50 
8.4. Applicable Enterprise Agreement Conditions ................................................................. 50 
8.5. Hours of Work ................................................................................................................... 50 
8.6. Supplementary Hours ....................................................................................................... 51 

PART 9: APPRENTICES ....................................................................................................... 52 
9.1. Apprenticeship Trades ..................................................................................................... 52 
9.2. Contract of Apprenticeship ............................................................................................... 52 

9.2.1.  Notification to the NSW Department of Education and Training ....................... 52 
9.2.2. Probationary Period .............................................................................................. 52 
9.2.3. Cancellation or Suspension of Indenture ............................................................ 52 
9.2.4. Attendance at Technical Schools ......................................................................... 53 
9.2.5. Instruction in Welding ............................................................................................ 53 

9.3. Number of Apprentices to Tradespersons ...................................................................... 53 
9.4. Apprentice Ordinary Hours of Work ................................................................................ 53 

9.4.1. First Year Apprentice Ordinary Hours ................................................................. 53 








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9.4.2. Second, Third and Fourth Year Apprentice Ordinary Hours.............................. 54 
9.5. Overtime ............................................................................................................................ 54 
9.6. Shutdowns / Extended Breakdowns ............................................................................... 54 
9.7. Make up of Lost Time ....................................................................................................... 54 
9.8. Adult Apprentices .............................................................................................................. 54 
9.9. Instrumentation Apprentices ............................................................................................ 55 
9.10. Apprentices Permanently Employed ........................................................................... 55 
9.11. Apprentice and Adult Apprentice Wage Rates ........................................................... 55 
9.11.1. All Apprentice Annualised Salaries .......................................................................... 55 
9.12. Premium Payment Tables - Apprentices .................................................................... 56 

9.13. Apprentice Public Holiday Pro-Rata Hourly Rates for Hours in Excess of 12 Hours
 56 

PART 10: OCCUPATIONAL HEALTH & SAFETY MATTERS, EQUIPMENT, TOOLS & AMENITIES
 57 

10.1. Occupational Health & Safety ...................................................................................... 57 
10.2. Personal & Protective Clothing & Equipment ............................................................. 58 
10.3. Laundry of Work Clothes .............................................................................................. 58 
10.4. Amenities & Conveniences .......................................................................................... 58 

PART 11: LEAVE ENTITLEMENTS – PERSONAL, ANNUAL, LSL, PARENTAL, 
BEREAVEMENT, PUBLIC HOLIDAYS ..................................................................................... 59 

11.1. Personal / Carers Leave ............................................................................................... 59 
11.1.1. Entitlement ............................................................................................................. 59 
11.1.2. Conditions Applying to Payment .......................................................................... 59 

11.1.2.1. Personal Leave and Workers Compensation .......................................... 59 
11.1.3. Required Notification for Personal / Carers Leave ............................................. 59 
11.1.4. Accumulation of Personal / Carers Leave ........................................................... 60 
11.1.5. Sick Leave ............................................................................................................. 60 

11.1.5.1. Required Evidence for Sick Leave ............................................................ 60 
11.1.5.2. Sick Leave in Advance............................................................................... 60 
11.1.5.3 Extended Paid Sick Leave ............................................................................ 60 

11.1.6. Carer's Leave ........................................................................................................ 61 
11.1.6.1. Unpaid Carers Leave ................................................................................. 61 
11.1.6.2. Required Evidence for Carers Leave ....................................................... 61 

11.1.7. Parental Leave ...................................................................................................... 62 
11.2. Compassionate Leave - Bereavement ........................................................................ 62 
11.3. Compassionate Leave – Serious Illness or Injury ...................................................... 62 

11.3.1. Death Outside of Australia ................................................................................... 62 
11.3.2. Evidence Requirements for Compassionate Leave ........................................... 62 

11.4. Annual Leave................................................................................................................. 62 
11.4.1. Period of Leave ..................................................................................................... 62 
11.4.2. Continuity of Service ............................................................................................. 63 
11.4.3. Time of Taking Leave ........................................................................................... 63 
11.4.4. Taking Annual Leave in Advance ........................................................................ 64 
11.4.5. Payment In Lieu Of Annual Leave ....................................................................... 64 
11.4.6. Annual Leave Flexibility ........................................................................................ 64 
11.4.7. Reimbursement of Annual Leave ........................................................................ 64 
11.4.8. Public Holidays When on Annual Leave ............................................................. 65 
11.4.9. Calculation Of Annual Leave ................................................................................ 65 
11.4.10. Calculation of a Month ........................................................................................ 65 








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11.4.11. Payment for Annual Leave ................................................................................. 65 
11.4.12. Proportionate Leave on Termination ................................................................. 66 

11.5. Long Service Leave ...................................................................................................... 66 
11.6. Public Holidays .............................................................................................................. 67 

11.6.1. Public Holiday Entitlements .................................................................................. 67 
11.6.2. Substitution of Holidays ........................................................................................ 67 
11.6.3. Newly Gazetted Holidays ..................................................................................... 67 
11.6.4. Absences Before or After Public Holidays .......................................................... 67 
11.6.5. Rostered Days Off on Public Holidays ................................................................ 67 
11.6.6. Tomago Aluminium Company Pty Limited Day .................................................. 68 

PART 12 SPECIAL LEAVE - DEFENCE FORCE, JURY, BLOOD DONOR, EMERGENCY 
SERVICES, DELEGATES ......................................................................................................... 69 

12.1. Make-Up Pay On Defence Force Training .................................................................. 69 
12.2. Jury Service ................................................................................................................... 69 

12.2.1. Reimbursement of Salary ..................................................................................... 69 
12.2.2. Conditions of Payment .......................................................................................... 69 

12.3. Blood Donor Leave ....................................................................................................... 70 
12.4. Emergency Services Leave ......................................................................................... 70 
12.5. Citizenship Ceremonies................................................................................................ 70 
12.6. Delegates Training / Conference Leave ..................................................................... 71 

12.6.1. Qualification for Leave .......................................................................................... 71 
12.6.2. Number of Training / Conference Hours ............................................................. 71 
12.6.3. Payment ................................................................................................................. 71 

12.7. Attendance at Repatriation Centres ............................................................................ 71 
12.8. Support for Victims of Domestic Violence ................................................................... 72 

PART 13. PART-TIME EMPLOYMENT ................................................................................ 73 
13.1. Entitlements, Hours and Roster ........................................................................... 73 
13.2. Salary Calculation ................................................................................................. 73 
13.3. Overtime ................................................................................................................. 73 
13.4. Changes by Agreement ........................................................................................ 73 

PART 14: EMPLOYMENT SECURITY ................................................................................. 74 
14.1. Employment Security .................................................................................................... 74 
14.2. Voluntary Redundancy ................................................................................................. 74 

14.2.1. Application ............................................................................................................. 74 
14.2.2. Definition of redundancy ....................................................................................... 74 
14.2.3. Voluntary redundancy package ........................................................................... 74 
14.2.4. People support program ....................................................................................... 75 

PART 15: THE DISPUTES SETTLEMENT PROCEDURE ................................................... 76 
15.1. Disputes Settlement Procedure ................................................................................... 76 
15.2. Disputes Procedure Conditions ................................................................................... 76 

PART 16: LEAVE RESERVED ............................................................................................. 78 
PART 17: SIGNATORIES ..................................................................................................... 79 

Annexure 1 – Model Consultation Clause ................................................................................. 82 

 
  








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PART 1: GENERAL AGREEMENT CONDITIONS 
 
1.1. Title 
This Agreement shall be known as the Tomago Aluminium Company Pty. Limited - Maintenance 
/ Trades Enterprise Agreement 2018. 
 
1.2. Parties Bound 
This agreement will bind the following parties: 

(a) The Automotive, Foods, Metals, Engineering and Printing and Kindred Industries Union 
(AMWU) and its members. 

(b) The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and 
Allied Services Union (CEPU) and its members. 

(c) Tomago Aluminium Company Pty Limited (“the Company” / “TAC”) 
For the employment of the members of the above Unions who are employed: 

(a) within the operations of the Company, or 
(b) in connection with the operations of the Company. 

 
1.3. Application 
This agreement applies to all Maintenance / Trades employees of Tomago Aluminium Company 
Pty. Limited covered under the classification structures contained within this agreement. 
 
1.4. Relationship to Parent Award & Other Legislation 
(1) All terms and conditions of this agreement will be subject to the provisions of the Fair Work 

Act, 2009 
(2) This agreement shall incorporate by reference the Aluminium Industry Award 2010 provided 

that where there is any inconsistency between this agreement and the Aluminium Industry 
Award 2010 this agreement shall, to the extent of the inconsistency, prevail.  Where this 
agreement is silent, the existing Award shall prevail. 

(3) NSW legislation will only apply where it is not expressly excluded by the Fair Work Act 2009, 
such as the Work Health Safety Act 2012 and the Workers Compensation Act 1987 as 
amended. 

(4) This agreement replaces and rescinds all previous certified agreements which applied at 
the Company. 

 
1.5. Date & Period of Operation 
This agreement will operate from 7 days after the approval of the Fair Work Commission and 
remain in force until 31 March 2019. 
 
1.6. Fair Work Act - National Employment Standards 
This agreement will meet all the requirements and conditions contained in the National 
Employment Standards of the Fair Work Act 2009.  The Fair Work Information Statement will 
be stored electronically on the TAC Intranet for employee access. 








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1.7. No Extra Claims 
There will be no further increases in wages or conditions for the life of this agreement, except 
when consistent with this agreement or any annual decisions made by Fair Work Commission. 
 
1.8. Implementation of Agreement 
The Parties will meet 6 monthly from the commencement of this EA to review the implementation 
of this agreement and the last meeting will take place no later than 6 months prior to the expiry 
of the agreement. 
 
1.9. Unintended Consequences 
The parties have developed this agreement in good faith.  The information on which decisions 
were made was information shared by all parties.  In the event that there are any unforeseen or 
unintended outcomes of significant proportions, the Parties will meet to overcome or remove the 
unintended effect. 
 
1.10. Agreement Distribution 
The Parties are committed to providing all current employees and new starters with a copy of 
this agreement.  The agreement will also be stored electronically on the TAC Intranet for 
employee access. 
 
  








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PART 2. THE COMMITMENTS OF TAC AND ITS EMPLOYEES 
 
2.1. Consultation for the Introduction of Change in the Workplace 
 
2.1.1. Tomago’s Duty to Consult 
(1) Where a definite decision has been made to introduce changes in production, program, 

organisation, structure or technology that are likely to have significant effects on Tomago 
employees, Tomago shall consult with the employees and their union who may be affected 
by the proposed changes. 

(2) “Significant Effects" include termination of employment (other than natural attrition), variation 
or removal of an EA Supporting Document, major changes in the composition, operation or 
size of the Tomago's workforce or in the skills required; the elimination or diminution of job 
opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need 
for retraining or transfer of employees to other work or locations and the restructuring of jobs.  
Significant Effects excludes changes provided for under this agreement. 

(3) Consultation shall commence as early as practicable and will include, in writing, all relevant 
information about the effects the changes are likely to have on employees, method of 
implementation, measures to avert or mitigate the adverse effects of such changes on 
employees and shall give prompt and genuine consideration to matters raised by the 
employees and/or their union in relation to the change. 

(4) Tomago shall not be required to disclose confidential or commercially sensitive information, 
the disclosure of which would be against its interests. 

(5) The model consultation clause contained in annexure 1 is a term of this agreement.  
 
2.2. Consultative Principles 
(1) Consultation means that employees will be given the opportunity to contribute views and 

ideas on changes which may affect them and to expect that their ideas will be considered in 
reaching a final decision. 

(2) The involvement of all employees in decisions which will affect them will lead to better 
decisions and a greater commitment to implementation of the decisions.    

 
2.2.1. Steering Committee 
The Steering Committee: 
(1) will meet monthly and provide a forum for consultation and discussion on issues relating to 

the Enterprise Agreement, or other issues agreed to from time to time by the parties,  taking 
into account the needs of the business and employees.   

(2) is responsible for the implementation of the objectives in this Enterprise Agreement and for 
developing and maintaining EA Supporting Documents on matters pertaining to the 
clarification or interpretation of this agreement and  the introduction of new flexible working 
arrangements. 

(3) will comprise the Maintenance Manager, the AMWU Convenor, the CEPU Senior Delegate, 
and a Maintenance HR Representative.  (Or nominated replacements in their absence). The 
company is responsible for managing the business and the Manager is accountable to make 
the decisions. 








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(a) other Tomago persons may be invited in respect to a particular matter that may be 
discussed 

(4) will operate with the key objectives being consistency, objectivity and fairness. 
 
2.2.2. Maintenance / Trades EA Supporting Documents Register 
(1) The parties will maintain a Maintenance / Trades EA Supporting Documents Register on the 

Intranet and / or Portal.  This Register will contain all Maintenance / Trades EA supporting 
documents. 

(2) An EA supporting document may be reviewed, varied or removed by the Steering 
Committee. 

Either party may utilise the Disputes Procedure in Part 15 of this agreement. 
 

2.3 Individual Flexibility  
The effect of the terms in clause 2.3 (1) of this agreement may be varied by an individual 
flexibility arrangement that is genuinely agreed by TAC and an employee. 
(1) The terms of this agreement that may be subject to an individual flexibility arrangement are: 

(a) for the purposes of clause 11.5 (2) of this agreement, access to Long Service Leave at 
double the time and half their TSIP salary may be agreed for reasons other than 
resignation, eg extended illness where the employee has exhausted their other leave 
entitlements. 

(2) TAC must ensure that any individual flexibility arrangement entered into under this term will 
result in the employee being better off overall than the employee would have been if no 
individual flexibility arrangement was made. 

(3) TAC must ensure that any individual flexibility arrangement made under this term: 
(a) is in writing and signed by TAC and the employee, and if the employee is under 18, by 

a parent or guardian of the employee; and 
(b) can be terminated by either party by giving written notice of not more than 28 days; and 
(c) can be terminated at any time by the parties to the arrangement if they agree; and 
(d) is given in a written copy to the employee making the arrangement within 14 days after 

it is made; and 
(e) is about only matters that would be “permitted matters” and is not about matters that 

would be “unlawful matters” if those matters were contained in an enterprise 
agreement. 

(4) Except for the requirement for employees under 18 in clause 2.3 (3) (a), TAC must ensure 
that any individual flexibility arrangement made between TAC and an employee under this 
term does not require the approval or consent of another person. 

(5) Where TAC intends to reach any individual flexibility arrangement under this Agreement, 
TAC must inform in writing, any union(s) covered by this agreement of their intent to enter 
such an arrangement, at least seven days prior to entering that arrangement.  When 
informing the union(s) under this subclause, TAC must: 

(a) include details of the term(s) of the agreement and/or incorporated award(s), and which 
classification of employee(s) are proposed to be subject to such an arrangement. 








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(b) not disclose the name of any employee who TAC proposes to be subject to the 
individual flexibility arrangement, without the consent of that employee. 

For the avoidance of doubt, informing union(s) under this subclause does not mean that those 
union(s) must approve or consent to the individual flexibility arrangement. 
(6) The facilitative provisions and the flexibility term in the Award are not incorporated into this 

agreement, despite any term of this Agreement to the contrary. 
 

2.4. Joint Partnership Objectives 
(1) The parties will share their respective visions and develop a common understanding of the 

main challenges for Tomago and its employees. 
(2) Through continuous improvement of the workplace, the parties will strive to improve; 

(a) the environment, health and safety to prevent incidents and injuries; 
(b) the maintenance and reliability work practices and processes in a cost effective 

manner; 
(c) delivery of a business performance consistent with world best practice; 
(d) a career path for all employees within maintenance, and where relevant, consistent 

with national standards, to support a skilled and capable workforce; 
(e) an efficient and effective workforce in return for a competitive, fair and equitable 

remuneration; 
(f) employee involvement in decisions that affect their work and enhance teamwork 

between staff and wages employees based on mutual respect; 
(g) the partnership relationships with production, procurement and other support functions 

at TAC to support the maintenance improvement objectives; 
(h) the long term employment security by adapting our organisation and work practices 

more quickly than our competitors; 
(i) a committed, competent, co-operative and satisfied workforce, which takes into 

account the needs of the business and the employees. 
(3) Consistent with the above objectives, the parties acknowledge that substantial gains have 

been made in workplace relations at Tomago.  This is based on the commitment to utilise the 
dispute resolution process with a view to resolving problems as close to the work place as 
possible to ensure the continuity of production and maintenance activity. 

(4) Where conditions exist that threaten the smelter and / or employee safety, security of the 
smelter or the environment, the employees shall ensure that there are sufficient numbers 
made available to make the plant safe and / or ensure plant integrity, if requested by the 
Company to do so. 

 
2.5. Teams at TAC 
In order to achieve "world class" performance, the Company, employees, and Unions are 
committed to the continual support and refining of team work at TAC. 
All Parties Agree to the following fundamentals: 

(a) Team work is a fundamental building block for a successful organisation. 








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(b) All employees need to recognise team work activities as part of their core 
responsibilities. 

(c) Employee involvement in decision making should be encouraged at all levels. 
(d) Employees’ approach to work should increase flexibility. 

 
2.6. Grading Structure 
 
2.6.1. Grading Structure Process Owner 
(1) The Steering Committee is the process owner for reviewing and the ongoing maintenance 

of the grading structure.  It is also the approver of all changes to the grading structure and 
associated processes. 

(2) The Manager will approve the re-grading of all employees.  The Steering Committee will 
provide an overview for consistency, fairness and objectivity. 

(3) If it is demonstrated that an employee is not undertaking the responsibilities of their grade, 
their Superintendent may have the matter reviewed by the Steering Committee and the 
Manager may choose to step the employee back a grade. 

 
2.7. Union Delegates 
(1) An employee will be recognised as an accredited representative of a Union if: 

(a) he or she is appointed as a Union delegate in the department in which he or she is 
employed, and 

(b) the Company has been notified of this fact by the Union concerned. 
(2) A delegate will be allowed the necessary time during working hours to interview appropriate 

Company personnel on matters affecting employees that the delegate represents. 
 
2.7.1. Senior Delegate/Convenor 
(1) TAC recognises the important role that the Senior Delegate / Convenor plays in effective 

employee relations on site. TAC undertakes to ensure that the Senior Delegate / Convenor 
from each Union is provided with sufficient time away from normal duties to properly 
complete their responsibilities. 

(2) At any other time when the Senior Delegate / Convenor is not participating in an activity that 
is described below, the Senior Delegate / Convenor will be expected to perform work as 
required by his work teams schedule. 

(3) The identified roles of the Senior Delegate / Convenor are: 
(a) Participation in Dispute Settlement Procedures and Return to Work / Injury 

Management Plans if selected as the affected employees representative; 
(b) Participation in meetings, research teams, presentations, training, inductions and other 

like activities when requested by the Company; and 
(c) Participation in meetings with employees on employee relations issues. 

(4) Time away from the job and access to all departments on site will have to be managed in a 
spirit of co-operation by the Senior Delegate / Convenor and the relevant TAC staff. 

 








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2.8. Right of Entry of Union Official. 
(1) All rights of entry to the TAC site, (incl. notice provisions and meetings during meal times or 

other breaks, etc), will be governed by Chapter 3 Part 3-4 of the Fair Work Act 2009. 
(2) In addition to the above, where it is not possible to hold discussions or meetings in non 

working periods, the Union will notify the Human Resources Manager or nominated 
Company Representative at the earliest time practicable prior to conducting the discussions 
or meetings during normal working hours.  Normal work/production activities will not be 
disrupted as a result of the visit. 

 
2.9. Paid Monthly Union Communication Meetings. 
These paid meetings will commence at 11.30am on a date to be set each month by the 
Convenor / Senior Delegate of the respective Unions in consultation with management at least 
one week prior to the meeting. 
 
2.10. Union Noticeboard 
The Company will provide noticeboards of reasonable dimensions in prominent positions on site, 
for use by the Unions. Relevant information may be posted by a Union representative. 
 
2.11. Novated Leases. 
Employees will be able to access novated Motor Vehicle leases in accordance with the rules of 
“The Company” agreed scheme. 
 
2.12. Contract Labour 
 
2.12.1. Definition 
Contract labour is defined as labour not employed by the Company. 
 
2.12.2. Consultation 
(1) Where the engagement of contract labour directly affects their work, employees will be 

consulted in relation to: 
(a) the overall purpose of the use of contract labour 
(b) who will be undertaking the work 
(c) the expected commencement date and duration. 

(2) Of primary concern is the safe interaction of Tomago and contract labour.  Tomago 
employees are encouraged to provide feedback to their Supervisor or Superintendant. on 
potential safety interface issues. 

Note: While the above undertaking is provided it must be noted that the Maintenance Business 
Unit can only provide this information in respect to contract labour over which it has control. 
 
2.12.3. Utilisation of Contract Labour 
Tomago may use contract labour to perform any task that the company may require. 
Examples for the use of contract labour are as follows but are not limited to: 

(a) Backfill where there is a vacancy or where an employee has moved on to other work; 








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(b) Capital & project work; 
(c) Specialised maintenance work; 
(d) Operational and maintenance needs not able to be met with existing resources; 
(e) Shortfall of Tomago Personnel due to training commitments or long term 

absences/leave; 
(f) Contractual obligations in relation to leased equipment hire or care and maintenance 

arrangements. 
 

2.12.4. Remuneration 
All contract labour will be remunerated in accordance with the rates prescribed by their employer. 
The wage rates prescribed in this agreement will not be utilised to determine those rates of pay. 
 
  








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PART 3 TERMS & CONDITIONS OF EMPLOYMENT 
 
3.1. Contract of Employment 
 
3.1.1. Period of Contract 
(1) Employees of the Company will be employed on a weekly basis. 
(2) Tomago may also employ temporary employees for a specified duration, or for a specified 

task. 
 
3.1.2. Duties Performed 
An employee will perform any work which the Company may reasonably require. 
 
3.1.3. Termination of Employment 
(1) Employment may be terminated by the employee with the giving of one week’s notice. 
(2) Employment may be terminated by the Company in accordance with the provisions of the 

prevailing Act.  This can be accessed from the Human Resources department or the relevant 
Union. 

(3) Employment may be terminated by the Company without notice for: 
(a) malingering, 
(b) inefficiency, 
(c) neglect of duty, or 
(d) misconduct 

 
3.1.4. Deduction of Pay 
The Company may deduct payment for any days the employee cannot be usefully employed 
because of: 

(a) strike, 
(b) breakdown in production or machinery, or 
(c) any stoppage of work by any cause for which the Company cannot be reasonably 

held responsible. 
 
3.1.5. Deduction of Pay - Industrial Action 
In the event of a strike, any other unauthorised stopwork meeting, or action that can be 
described as industrial action, that causes an employee to not perform work in accordance with 
this agreement or his or her position’s requirements, the Company will deduct pay in accordance 
with the provisions of the Fair Work Act 2009. 
 
3.1.6. Timekeeping 
For timekeeping purposes the Company will use 6 minutes as the standard unit for deducting 
pay for lateness or for payment of overtime. 
 








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3.1.7. Abandonment of Employment 
An employee will be regarded as having abandoned his or her employment under the following 
conditions: 

(a) The employee is absent for a continuous period which exceeds 3 rostered working 
days; and 

(b) This employee cannot provide a reasonable cause for this absence.  It is the 
employee's responsibility to provide reasonable cause to the Company. 

 








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PART 4: HOURS OF WORK / MEAL BREAKS 
 
4.1. Definitions 
Daywork: Daywork Hours means any period of extended daywork between 5.00am and 

9.00pm. 
(a) A “Working Day” will comprise the number of hours specified by the relevant 

roster. 
(b) These hours of work include a non-paid meal break. 

Afternoon Shift: means a shift finishing after 6.00pm and not later than midnight. 
Night Shift: means any shift finishing after midnight and at or before 8.00am. 
Rostered Shift: means a shift for which the employee has been given at least 48 hours 

notice. 
12 Hour Shift: 

(a) A "working day" will comprise the number of hours specified by the relevant 
roster. 

(b) "Day shift" means any shift commencing between 5.00 am and 9.00 am.  Day 
shift will be classified as the first shift of the day. 

(c) "Night shift" means any shift commencing between 5.00 pm and 9.00 pm. 
(d) A shift will be allocated to the day on which the shift commences. 

Continuous Day Shift: means work carried on with consecutive day shifts over seven days 
of the week. 

Continuous Shift Work: means work carried on with consecutive shifts throughout the 24 
hours of each of at least six consecutive days without interruption, except those 
due to breakdowns or meal breaks or due to unavoidable causes beyond the 
Company's control. 

Non-Continuous Shiftwork:  means work which is not rostered to be performed on day, 
afternoon and night shifts and is not regularly rostered on weekends i.e. a 5x2 shift 
roster. 

Ordinary Rate of Pay: means the appropriate base rate which includes special allowance. 
Week: means a period of 7 consecutive days. 
  








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4.2. Work Roster / Start Time Review Process 
Where Maintenance work rosters and/or start times may need to be reviewed to work towards 
building a reliability and service focussed maintenance function, the parties agree to utilise the 
following review process: 
 
4.2.1. Evaluation Process 
(1) The roster/start time evaluation process will include a close examination of business and 

employee needs taking into account the evaluation criteria.  The process will: 
(a) be managed in accordance with the supporting documentation contained in the 

Maintenance / Trades EA Supporting Documents Register, “Work Roster / Start Time 
Review Process” 

(b) be initiated by the Maintenance Manager and reviewed by the Steering Committee to 
ensure the process is open and transparent. 

(c) include a work review to analyse the workflow and how it matches with the available 
labour with the aim of improving reliability and/or service. 

(2) The Maintenance Manager will make a decision based on a proper analysis of the review 
and evaluation process mentioned above. 

(3) If required, the parties may refer the matter to the Dispute Settlement Procedure. 
 
4.2.2. Change Process 
Where the Manager determines a change in the roster or start times of a crew, the 
implementation process may allow for a number of options to implement the new roster and / or 
start times, at the Manager’s discretion.  These will include: 

(a) Two months notice to implement the new roster unless, due to exceptional 
circumstances, a longer time frame is agreed. 

(b) One months notice to implement the new start times. 
(c) New employees may be employed directly on the new roster / start time. 
(d) New employees may be employed on the understanding that they will transfer to a 

specified roster / start time at a later date even though they may commence on the 
current crew roster as an interim measure. 

(e) Employees may be transferred between crews to assist in managing roster / start 
time transitions. 

 
4.2.3. Daywork Base Roster and Start Time 
Should a work roster / start time review be undertaken and result in a change to a crew’s roster 
and/or start times, the base roster is a 9 day fortnight and the base start time is 6.30am. 
 
4.3. Daywork Ordinary Hours 
An employee’s ordinary working hours must average 38 hours per week, under the following 
conditions: 

(a) This average will cover the full cycle of the employee’s relevant work roster, and 








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(b) The method of implementing this average will be achieved by rostering employees off 
on various days during a particular work cycle. 

(c) An employee’s ordinary working hours must not exceed: 
a. 8 during any consecutive 24 hour period, or 
b. 152 in 28 consecutive days. 

An employee’s ordinary working hours may exceed: 
(a) 152 in 28 consecutive days if an employee’s roster allows for the weekly average of 

38 hours to be achieved over a longer period than 28 consecutive days 
 
4.3.1. Daywork – Altering Ordinary Working Hours 
(1) The Company, by mutual agreement with the appropriate Union representative, may; 

(a) alter the ordinary hours of work for: 
(i) an individual dayworker, or 
(ii) a section of dayworkers, or 
(iii) all dayworkers on the plant, in relation to the following conditions; 

(a) the spread of hours, or 
(b) the daily hours prescribed, or 
(c) starting and / or finishing times. 

(2) This provision is only intended for irregular/one off changes. 
 

4.4. Continuous Shiftworkers – Ordinary Hours of Work 
(1) A continuous shiftworker’s ordinary working hours must: 

(a) average 38 hours per week, and 
(b) not exceed, 

(i) 8 hours in any one day; or 
(ii) 48 hours in any one week; or 
(iii) 88 hours in fourteen consecutive days; or 
(iv) 152 hours in 28 consecutive days. 

(2) A continuous shiftworker’s ordinary working hours may exceed 152 hours in 28 consecutive 
days if his or her roster allows for a weekly average of 38 hours to be achieved over a longer 
period than 28 consecutive days. 

 
4.5. Non-Continuous Shiftworkers – Ordinary Hours of Work 

 
4.5.1. Rostered Hours 
(1) A Non-Continuous Shiftworker’s ordinary working hours must: 

(a) average 38 hours per week, and 
(b) not exceed, 

(i) 40 hours in any one week (which is worked in 5 shifts of 8 hours); or 








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(ii) 80 hours in 14 consecutive days; or 
(iii) 114 hours in 21 consecutive days; or 

(2) A Non-Continuous Shiftworker’s ordinary working hours may exceed 114 hours in 21 
consecutive days if his or her roster allows for a weekly average of 38 hours to be achieved 
over a longer period than 21 consecutive days. 

 
4.5.2. Shifts 
A Non-Continuous Shiftworker will not be required to work more than: 

(a) 8 consecutive hours on any one shift without overtime; or 
(b) 6 consecutive shifts in any one week without payment of overtime if his or her roster 

does not provide for ordinary hours to exceed 114 hours in 21 consecutive days. 
 

4.6. Shift Rosters 
Shift rosters will specify the start and finish times of ordinary working hours of the respective 
shifts. 
 
4.7. One Shift in 24 Hours 
A Shiftworker will not be required to work more than one ordinary shift in each consecutive 24 
hour period unless this is required for the purpose of regular shift changes. 
 
4.8. Shiftwork on Saturdays 
The Company will pay Shiftworkers for all work performed during ordinary hours on a Saturday 
at the rate of time and a half. 
 
4.9. Shiftwork on Sundays and Public Holidays 
(1) The Company will pay Shiftworkers for all work performed during ordinary hours on a 

Sunday or Public Holiday at the rate of: 
Sundays - double time, and 
Public Holidays – double time and a half, for: 

(a) a 12 hour shift which commences on a Sunday or public holiday, or 
(b) a rostered shift, if the major portion is performed on a Sunday or public holiday, or 
(c) a shift which commences between 11.00pm and midnight on the day preceding a 

Sunday or public holiday and extends into the Sunday or public holiday. 
(2) The Company will not pay an employee at the rate of double time or double time and a half 

for a shift that commences between 11.00pm and Midnight on a Sunday or public holiday 
and extends into the following day. 

(3) A shiftworker required to work on a Sunday or public holiday will be offered at least 4 hours 
work or paid at the rate of double time or double time and a half for a minimum of four hours. 
Except 

(a) Where the work is continuous with work or overtime commenced on the previous day 
the four hour minimum work on Sunday or public holiday does not apply, provided that 








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a minimum payment of four hours, at the Sunday or public holiday rate, will apply if the 
overtime goes over two days and the work is completed in less than four hours. 

(b) Where the work commences on Sunday or public holiday and is continuous with work 
or overtime completed on the following day the four hour minimum work on Sunday or 
public holiday does not apply, provided that a minimum payment of four hours, at the 
Sunday or public holiday rate, will apply if the overtime goes over two days and the 
work is completed in less than four hours. 

 
4.10. Variations of the Method of Working Shifts 
(1) The Company may vary the method of working shifts for: 

(a) All Shiftworkers to suit the circumstances of the operation, or 
(b) A section of Shiftworkers to suit the circumstances of the operation. 

 
(2) The Company may only vary the method of working shifts under the following conditions: 

(a) By the Company and the accredited Union representative agreeing to this variation; 
or 

(b) In the absence of agreement, the Company giving the employees at least 7 days 
notice. 

(3) Where an employee does not receive at least 7 consecutive days notice they will be paid at 
the rate of double time, or double time and a half for public holidays, from the time of 
commencement on the new roster for the remainder of the notice period. 

For example, if 5 days notice is given, the first 2 shifts will be paid at the 
appropriate penalty rate to make up the 7 days notice period. 

 
4.11. Permanent Transfer from Shift Work to Day Work 
(1) For the purposes of this sub-clause, an employee will be regarded as having been in a 

permanent shift position where the employee has worked shift rosters in established shift 
positions for a continuous period of two years or longer immediately prior to the transfer or 
for the total period of their employment with the company. 

(2) Where as a result of the rationalisation of the company’s operations, introduction of 
technological change, a market change or changes in work practices, an employee in a 
permanent shift work position is redeployed to, or forced to accept, a day work position, the 
following will apply: 

(a) the employee will be provided with three months’ notice of transfer or, if three months 
notice is not provided, payment at shift work rates for a period of three months from the 
date of notification; and 

(b) the employee will retain their shift work rate for a period of six months from the date of 
transfer or the expiry of the notice period, whichever is the later. 

 
4.12. Transfers from Daywork to and from Shiftwork 
4.12.1. Notice Period 
A Dayworker may be rostered to perform shiftwork on a regular basis under the following 

conditions: 








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(a) The employee must receive at least 7 consecutive days notice. 
(b) The employee will return to the status of a dayworker if he or she: 

(i) is no longer required to work shiftwork on a regular basis, and 
(ii) receives at least 7 consecutive days notice. 

4.12.2. Notice Not Received 
Where an employee does not receive at least 7 consecutive days notice they will be paid at the 
rate of double time, or double time and a half for public holidays, from the time of commencement 
on the new roster for the remainder of the notice period. 

For example, if 5 days notice is given, the first 2 shifts will be paid at the 
appropriate penalty rate to make up the 7 days notice period. 
 

4.12.3. Grade and Roster 
When an employee is transferred from daywork to shiftwork the employee will retain their grade 
and be transferred to the relevant shift roster rate.  When an employee returns from shiftwork to 
daywork, the employee will retain their grade and be transferred to the relevant daywork roster 
rate. 
 
4.13. All Employees – Leisure / Roster Days Off 
Where employees are entitled to a day off during their work cycle, employees will be advised by 
the Company at least 4 weeks in advance of the day to be taken. 
(1) The Company may substitute a day that an employee is to take off for an alternative day if 

there is an agreement with the majority of employees concerned or there is an agreement 
with the individual employee concerned under the following conditions: 

(a) This day may only be substituted in the event of: 
(i) a breakdown in machinery, or 
(ii) a failure of electric power, or 
(iii) a shortage of electric power, or 
(iv) a need to meet the requirements of the business, or 
(v) any other emergency situation. 

(2) An individual employee may substitute a day that he or she is to take off with the agreement 
of the Company. 

 
4.13.1. Leisure / Roster Days Banking 
By agreement with the Company, day workers and non-continuous shiftworkers may work up to 
five (5) leisure / roster days and seven day continuous shift workers may work up to seven (7) 
leisure / roster days which can be banked to be taken at an agreed time. 
 
4.14. Dayworkers - Meal Breaks 
(1) Dayworkers will be entitled to meal breaks, at a time during the shift agreed between the 

Company and the employees in a section, under the following conditions: 
(a) not less than 30 minutes, and 








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(b) not more than 60 minutes 
(2) A Dayworker will not be required to work more than 5 hours without a meal break except by 

agreement in 4.14 (1). 
Refer Clause 5.3.5 for working through a meal break conditions 
 
4.15. Shiftworkers - Meal Breaks 
(1) Shiftworkers will be entitled to a 20 minute meal break, which will be counted as time 

worked: 
(a) after no more than 5 hours work; or 
(b) to suit the operational needs of the Company. 

 
4.16. All Employees - Meal Breaks On Sundays & Public Holidays 
Any employee that is required to work on a Sunday or Public Holiday will receive the same 
entitlement to meal breaks as they would when working overtime. 
 
4.17. Flexible Working Hours 
 
4.17.1. Objective 
(1) TAC is committed to providing its workforce with opportunities to improve the quality of 

their working lives through the consideration of new working arrangements.  The 
implementation of flexible working hours however must occur in harmony with the needs of 
the business. 

(2) Current rosters in operation are: 
(a) Continuous shift - 12 hour shift (Casthouse pattern) 
(b) Daywork – 4 day week 
(c) Daywork – 9 day fortnight 
(d) Daywork – 12 hour roster (Substation) 
(e) Daywork – 7 day daywork based on 9 day fortnight pattern (Mobile) 
(f) Other rosters agreed to by the parties to this agreement 

 
4.17.2. Trialling and Implementing a New Flexible Hours Roster 
Where a Team proposes to introduce a new flexible hours trial, the proposal will be subject to 
the roster review process in clause 4.2. 
(1) Where it is agreed to allow a trial to proceed, a Flexible Working Hours Committee consisting 

of a cross-section of department employees must be established.  Their role is to conduct a 
secret ballot where a majority of greater than 70% must be obtained in a vote before the 
trial will go ahead.  They will monitor the trial ensuring that the effectiveness of the trial is 
measured and maintained and grievances which may arise are dealt with quickly. 

(2) At the completion of a trial, a secret ballot of greater than 70% is needed before a permanent 
move to the new roster can be implemented.  If such a vote is successful a roster must be 
published to enable forward planning, then the Steering Committee will continue to monitor 
the operation of the flexible working hours arrangement. 








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4.17.3. Duration and Ceasing of Trials 
(1) The duration of trials cannot exceed twelve months before a decision to implement or revert 

to previous arrangements is made, unless 
(a) The Steering Committee approves an extension of the 12 month period. 

(2) A trial may be ceased on one month's notice by either the Company or at the request of a 
majority of the employees affected. 

 
4.17.4. Occupational Health & Safety 
When employees move onto a twelve hour shift system it may be necessary for additional safety 
conditions to be met.  All parties are committed to meeting any additional health and safety 
conditions identified. 
 
4.17.5. Review & Operation of Flexible Working Hours 
At its periodic meetings, the Steering Committee will review the operation of this agreement and 
performance of any trial.  Flexible working hours may be reviewed in accordance with clause 
4.2. 
 
4.18. Requests for Flexible Working Arrangements 
(1) An employee who is a parent, or has responsibility for the care, of a child may request the 

employer for a change in working arrangements to assist the employee to care for the child 
if the child: 

(a) is under school age; or 
(b) is under 18 and has a disability. 

(2) The employee must have completed at least 12 months of continuous service with the 
employer immediately before making the request 

(3) The request must: 
(a) be in writing; and 
(b) set out details of the change sought and of the reasons for the change 

(4) The employer may refuse the request only on reasonable business grounds   
(5) The employer must give the employee a written response to the request within 21 days, 

stating: 
(a)  whether the employer grants or refuses the request, and 
(b) must include details of the reasons for the refusal 








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PART 5 THE TOMAGO STABLE INCOME PLAN  (TSIP) 
 
5.1. Introduction 
Employees of Tomago who are employed under this agreement will receive an annualised 
salary in accordance with the Tomago Stable Income Plan. 
 
5.2. Aims & Objectives of the Tomago Stable Income Plan 
The aim of the TSIP is to have a remuneration system that is consistent with a continuous 
improvement strategy.  It provides employees with a simple payment system and consistency 
of income without the desire to generate overtime.  This will improve the job satisfaction and 
quality of work life for all employees and support cultural change in the workplace. 
 
5.3. The Stable Income Plan 
TSIP provides an employee with a consistent income which may include: 

(a) ordinary rate; 
(b) penalties & allowances; and 
(c) supplementary hours, depending on the employee’s choice. 

 
5.3.1. Ordinary Rate 
(1) The core element is the ordinary rate for each classification or grade in the TAC Grading 

Structure.  This ordinary rate is multiplied by 1981 hours to generate the base wage 
component. 

 
5.3.2. Penalties & Allowances 
The second component consists of the relevant penalties and allowances for each employee.  
These penalties and allowances are dependent on whether the employee is a shiftworker, 
dayworker, or a tradesperson 
 
Allowances are detailed in Clause 5.8 
 
5.3.2.1. Shiftwork Penalties 
For shift employees, the roster premiums have been calculated for each roster currently worked.  
These premiums are applied to all employees who work on that roster. 

(a) Saturday rostered shifts will be paid at time and one half, and 
(b) Sunday rostered shifts will be paid at double time, and  
(c) Public Holiday rostered shifts will be paid at double time and one half 

 
5.3.3. Supplementary Hours 
(1) Employees may opt into the supplementary hours component, which is 156 hours of 

overtime paid over a twelve month period 1st August to 31st July each year, whether that 
time is worked or not.  It is calculated at the rate of double time for the employees concerned. 

(2) The supplementary hours component has shift allowance calculated for two thirds of the 
156 hours. 








Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 
 

 

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5.3.4. Additional Payments 
Additional payments will be made to individuals for Special Skills or circumstances outside of 
TSIP e.g. First Aid, Availability Allowance, Responsibility Allowance and defined plant 
shutdowns/extended breakdowns. 
 
5.3.5. Working Through Meal Breaks 
An employee under the TSIP who is required to work through a designated meal break will be 
allowed Time Off In Lieu at the appropriate rate (x11/2 until allowed to have a meal break) 
provided that: 

(a) There is a real need for the employee to have to work through their designated meal 
break; 

(b) There must be a specific request from Maintenance or Production Supervision to 
work through a meal break; 

(c) The Time Off In Lieu must be taken at the end of the same shift or at the earliest 
opportunity, in agreement with the Supervisor. (No accumulation); 

(d) The person required to work through a meal break will be relieved to have a meal 
break at the earliest possible time. 

 
5.4. TSIP Salary Increases 
(1) The TSIP salaries will be paid fortnightly in 26 equal payments. 
(2) An increase of 2.2% will be applied in the first full pay period following the approval of the 

Agreement. 
(3) The increase will be retrospectively applied to the first full pay period in April 2018; a back 

payment will be made following the implementation of this Agreement. 
(4) The increase will be applied to all ordinary rates, allowances and TSIP salaries. 
  








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5.5. TSIP Salaries – Not Including Supplementary Hours 
 
5.5.1 Salaries 
 

 
 
5.6. TSIP Salaries – Including Supplementary Hours 
 
5.6.1. Salaries 
 

 
 
 
 
 
 
 
 
 
 
 

Supp Hrs Not Incl Grade 6 Grade 7 Grade 8 Grade 9

Maintenance Shift  $               106,493  $               112,192  $               116,994  $               121,821 

Mobile 8.5hr 7x1 
Shiftwork roster  $                 90,382  $                 95,429  $                 99,683  $               103,958 

Substation 12 Hour 
5x1 Non-Cont 
shiftwork roster

 $                 81,382  $                 85,799  $                 89,523  $                 93,265 

8, 8.5, 9 & 9.5 Hour 
Daywork                               $                 79,244  $                 83,661  $                 87,385  $                 91,127 

Annualised Salaries - Effective first pay after 01/04/2018

Includes Supp Hrs Grade 6 Grade 7 Grade 8 Grade 9

Maintenance Shift  $               119,236  $               125,617  $               130,995  $               136,400 

Mobile 8.5hr 7x1 
Shiftwork roster  $               103,267  $               109,005  $               113,841  $               118,702 

Substation 12 Hour 
5x1 Non-Cont 
shiftwork roster

 $                 94,125  $                 99,225  $               103,523  $               107,843 

8, 8.5, 9 & 9.5 Hour 
Daywork                               $                 91,987  $                 97,087  $               101,385  $               105,706 

Annualised Salaries - Effective first pay after 01/04/2018








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5.7. Ordinary Rates 
These rates are used in the calculation of salaries and payments for paid overtime for; 

(a) opted out employees; 
(b) apprentices; 
(c) premium payments; 
(d) working in excess of the 156 supplementary hours; 
(e) crisis / contingency; or, 
(f) other circumstances where payment is made outside the TSIP salaries. 

 
 

 
 
5.8. Allowances 
The parties agreed that allowances would be handled as set out in this clause. 
 
5.8.1. Allowances Paid in TSIP 
The Electricians Licence allowance, Refrigeration / AC allowance and Shift allowance are paid 
where appropriate as part of the annualised salary. 
 
The inclusion of these amounts, where appropriate, has generated the full annualised salary. 
 

 
 
 
 

1/04/2018
Grade 6 1,467.63$ 
Grade 7 1,550.75$ 
Grade 8 1,620.81$ 
Grade 9 1,691.23$ 

1/04/2018
Apprentice Base 37.23$      
Grade 6 38.62$      
Grade 7 40.81$      
Grade 8 42.65$      
Grade 9 44.51$      
Shift Allowance 3.51$       

Weekly Rates

Hourly Rates

Annual Allowances included in Salary 1/04/2018
Tool Allowance 1,251.19$  
Meal Allowance 328.35$     
Electricians Licence Allowance 2,649.57$  
Refrigeration A/C Licence Allowance 2,649.57$  
Shift Allowance (8 hour shifts) 28.06$       








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5.8.1.1. Tool Allowance 
 
A) Trades 
 

(1) A Tradesperson, will be paid a weekly tool allowance for the supply and maintenance of 
tools which are ordinarily required for his or her performance of work as a tradesperson. 

(2) The Company will provide the following items for use by tradespeople: 
(a) all necessary power tools, and 
(b) special purpose tools, and 
(c) precision measuring instruments including multimeters. 

(3) An employee must replace or pay for any of the Company’s tools he or she loses as a result 
of his or her own negligence. 

 
B) Apprentices / Adult Apprentices 
1) Apprentices and Adult Apprentices will have their tool allowance paid based on the wage 

percentage for their year. 
 
5.8.1.2. Meal Allowance 
1) Employees who Opt-In to the supplementary hours component will have a meal allowance 

included as part of their salary.  The allowance is for the employee to provide meals while 
working supplementary hours. 

2) Employees who Opt-Out will have a meal allowance paid in accordance with Clause 5.8.2.5. 
 
5.8.1.3. Electricians Licence 
An Electrical tradesperson will be paid a weekly electrical allowance if he or she is appointed to 
carry out work for which a NSW Electricians Licence is necessary, and is the holder of a NSW 
Electricians Licence. 
 
 
5.8.1.4. Refrigeration / Air Conditioning Allowance 
A mechanical tradesperson will be paid a weekly Refrigeration/Air Conditioning allowance if he 
or she is appointed to carry out work for which a National Refrigeration/Air Conditioning Licence 
is necessary, and is the holder of a National Refrigeration/Air Conditioning Licence. 
An employee obtaining the qualification after commencing with TAC will be required to complete 
the first year of the course in their own time.  Following successful completion of first year the 
employee will be given day release, with no loss of pay, to complete the remainder of the course. 
An employee is not entitled to payment of both the electricians allowance and the refrigeration/air 
conditioning allowance. 
 








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5.8.1.5. Shift Allowance 
An employee working 8 hour shifts will be paid a shift allowance for working afternoon or 
nightshift. 
Employees working 12 hour shifts will receive a shift allowance of 4 hours for dayshift and a shift 
allowance of 12 hours for nightshift.  
 
5.8.2. Allowances Paid On Top of TSIP 
Employees who are entitled to the following allowances will be paid these allowances on top of 
the TSIP. 
 

 
 
5.8.2.1. First Aid Allowance 
(1) An employee will be paid a first aid allowance per day or shift if: 

(a) he or she is officially appointed by the Company to perform first aid duty, and 
(b) he or she has been trained to render first aid, and 
(c) he or she holds a currently approved first aid qualification. 

(2) This allowance covers all hours in a day or shift including overtime hours. 
(3) Employees working flexible hours will have first aid allowance calculated by dividing the 

allowance by 8 and multiplying it by the number of hours in the relevant roster, i.e. under a 
12 hour shift roster first aid allowance will be 1.5 times the current allowance. 

 
5.8.2.2. Responsibility Allowance 
A responsibility allowance will be paid to employees who are normally employed in a Grade 6 - 
Grade 7 role (inclusive) who relieve in a staff role.  A responsibility allowance will not be paid to 
those employees who are normally employed in a Grade 8 role. 
 
5.8.2.3. Substation On-Call Allowance 
(1) Substation Electrician’s will be paid an On-Call Allowance for each day they provide an on-

call service over weekends and public holidays under the following conditions: 
(a) “Weekend” is defined as the period from end of shift Friday to start of shift Monday. 
(b) “Public Holiday” is defined as end of shift preceding the public holiday to start of shift 

following public holiday. 
(c) Electricians are obligated to perform on-call duties for one weekend in four and if 

circumstances require additional coverage then appropriate compensation will be 
considered. 

Allowances Paid on top of Salary 1/04/2018
First Aid    (per annum) 1,310.99$  
Responsibility Allowance (per 8 hrs) 30.53$       
Substation On Call Allowance (per day) 300.98$     
Emergency Response Allowance 1,310.99$  
Meal Allowance Opt-Out (per meal) 15.20$       
Pool Allowance 1,139.00$  








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(d) The team will arrange the roster to provide on-call coverage which will include the 
accommodation of annual leave. 

(e) Where coverage is unable to be met, the team will notify the Company as far in advance 
as possible so alternate arrangements can be put in place. 

(f) Parties will discuss issues when they arise with the aim to resolve issues. 
(g) Where substation electricians are required to attend site for Potline restart switching’s, 

their attendance will be paid as overtime (ie normal overtime clause, not 
shutdown/extended breakdown clause) and not supplementary hours as it is the 
company’s decision to switch auxiliaries over to avoid damage. 

(h) Where a substation electrician provides technical assistance over the phone for Potline 
restarts, clause 6.4.2 will apply. 

 
5.8.2.4. Emergency Response Allowance 
Employees who are a member of the site Emergency Response Team will receive an 
allowance as detailed in Clause 5.8.2 
 
5.8.2.5. Meal Allowance – Opted Out Employees 
(1) The Company will supply an employee with a meal, or the appropriate meal allowance as 

detailed in Clause 5.8.2: 
(a) for each meal if the employee is entitled to a meal break under Clause 6.17 and the 

employee has not been notified on the previous day or earlier  that he or she is 
required to work overtime, or 

(b) for the second and subsequent meals if the employee has not been notified that he or 
she is required to work a period of overtime that necessitates the consumption of 
more than one meal. 

(2) An employee will be paid the appropriate meal allowance for each meal provided by the 
employee if: 

(a) he or she has been notified of the overtime on the previous day or earlier, and 
(b) he or she has provided a meal or meals for that overtime, and 
(c) the meal or meals provided by the employee were no longer required. 

 
5.8.2.6. Pool Allowance 
 Refer to clause 8.5 (6) a), (Permanent Plant Pool). 
 
5.9. Public Holidays 
The TSIP rates include payment for 11 public holidays for dayworkers and 12 public holidays 
for shiftworkers.  The extra public holiday has been included to cover leap years and extra 
unforseen gazetted public holidays. 
 
5.9.1 Rostered Off Public Holidays for Shiftworkers 
Shiftworkers will have all Rostered Off Public Holidays included as part of their salary.  
 
See also 11.6.5.1 for annual leave options 








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5.10. Payment of Salaries 
(1) The Company will pay an employee’s salary as follows: 

(a) On a fortnightly basis, and 
(b) An employee will have salary paid into his or her choice of: 

(i) a bank account, or 
(ii) an approved credit Union. 

(2) For the purposes of payment under the terms of this agreement, a day will commence at 
11.00pm on one day and end at 11.00pm on the following day. 

 
5.10.1. Statement of Salary 
(1) The Company will provide each employee with a written statement of his or her salary.  This 

statement will: 
(a) Be provided where practicable on or before pay day; and contain details of: 

(i) gross salary; 
(ii) overtime in addition to supplementary hours; 
(iii) deductions made, and 
(iv) the net amount of salary to be paid. 

(2) The company may provide payslips only by electronic means with three months notice to 
employees of the change. 

 
5.10.2. Late Payment of Salary 
Where late payment arises from error or omission by the Company and the financial institution 
imposes a fee or penalty (proven by written evidence), The Company agrees: 

(a) in the case of once only fees, to reimburse the fees charged, 
(b) in the case of penalties such as interest rate increases, to work with the employee 

concerned to overturn the penalty imposed. 
 
5.10.3. Payment on Termination 
An employee will be paid all wages which are due upon termination.  This payment will be paid 
electronically on the day of termination or the next working day. 
 
5.10.4. Authorised Deductions 
(1) The Company may deduct any amount from an employee's wages which is due if the 

employee provides the Company with written authorisation to deduct this amount. 
(2) Where, as a result of a payroll error, the Company overpays an employee: 

(a) the Company will notify the employee of the overpayment prior to any deductions to 
recover the money, and 

(b) The employee and the Company will agree on the repayment amount to be deducted 
from each pay until the overpayment is recovered. 

 








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5.10.5. Deductions for Unapproved Absence 
The Company will deduct pay from an employee for unapproved absences at their TSIP hourly 
rate. 
 
5.10.6. Time & Wages Record 
The Company will keep a record for each employee which will contain the following details: 

(a) employee's name; 
(b) occupation; 
(c) hours worked each day; and 
(d) wages and allowances paid each week.  

 
5.11. Superannuation 
1) The Company will make superannuation contributions for each eligible employee to a 

complying fund in accordance with the current Superannuation legislation. 
2) Where an employee elects to salary sacrifice part of their wage for provision of retirement 

benefits to superannuation, this part will be deemed to be part of their award wage. This 
provision will not in any way alter the contribution required by the employer, which shall be 
made under the provisions of the current Superannuation legislation. 

3) The company accepts no ongoing responsibility for this benefit if the law or a Taxation 
Department ruling changes the tax efficiency of the benefit. 

4) Australian Super (MySuper compliant fund) will be the default fund.  If an employee chooses, 
to join an agreed fund other than Australian Super they must contact the Tomago Payroll 
Department to make the arrangements and pay any additional costs above and beyond what 
the company would normally experience.  If this occurs, this amount will be deducted from 
their account. 

5) It is agreed that 6 funds will be available to employees.  Current agreed funds are, CBUS, 
CSR, Tomago Employees Superannuation Scheme.  A full list of funds will be maintained in 
the EA Supporting Documents Register. 

6) Superannuation contributions will be paid at the TSIP rate. 
 
5.12. Workers Compensation 
An employee will receive Workers Compensation payment for periods of total or partial 
incapacity that must be consistent with the provisions of the current NSW Workers 
Compensation Act. 
 
5.12.1. Entitlements 
The insurer will pay the employee at his or her ordinary rate of pay for a period of up to and 
including 26 weeks. During this period the Company will make up an employee’s salary to the 
appropriate rate in accordance with the Clause 5.12.2 below.  If the period of incapacity exceeds 
26 weeks, the Company will continue to provide make up pay to an employee at the appropriate 
rate in accordance with the Clause 5.12.2 below. 
 








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5.12.2. Payments 
1. Workers compensation payments for employees who are away from work (i.e. totally 

incapacitated) will be calculated as follows: 
(a) during the first 13 weeks, at their TSIP rate. 
(b) from the 14th to the 52nd week, at the ordinary rate 
(c) After 52 weeks at the statutory rate. 

 
2. Employees on suitable duties (i.e. partially incapacitated) will have their wages made up to 

their TSIP rate. 
 
5.13. Mixed Functions 
An employee engaged for more than two hours on one day or one shift for duties carrying a 
higher rate than that employee’s classification will be paid the higher rate for such day or shift.  
If so engaged for two hours or less on one day or one shift, the employee will be paid the higher 
rate for the time so worked. 
  








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PART 6: SUPPLEMENTARY HOURS / RECALLS / OVERTIME 
 
This clause must be read in conjunction with Part 5 (TSIP) 
 
6.1. Supplementary Hours - Key Principles 
The company, the unions party to this agreement and the employees paid under this agreement 
are committed to ensure that the working of supplementary hours is in accordance with the 
provisions outlined below. 

(a) The base annualised salary structure will not include payments for supplementary hours.  
However, an employee may elect to “opt in” to work supplementary hours under the 
process outlined in clause 6.3 below and receive an additional payment (equivalent to 
156 overtime hours plus associated payments) for these hours.  Such employees 
recognise that they have an obligation to work their supplementary hours as paid where 
required and are aware that if they do not fulfil this obligation after opting in under this 
section that they may lose the supplementary hours component of their salary.  An 
employee’s obligation in accordance with this clause remains unaltered despite possible 
changes in business and/or crew structure and composition. 

(b) The company understands employees concerns that they may be asked to work 
excessive supplementary hours and will therefore monitor the supplementary hours on 
an ongoing basis.  If an employee is of the belief that the number of supplementary hours 
is excessive then this can be brought to the Steering Committee for review. 

(c) The company will ask employees to work supplementary hours as genuine requests and 
will not call an employee in on supplementary hours simply because they haven’t worked 
all the supplementary hours that they are being paid for. 

(d) Notwithstanding the individual provisions of the clauses following, the key principles 
mentioned above will prevail. 

 
6.2. Supplementary Hours Guidelines 
 
6.2.1. Structure and Safeguards 
The Parties recognise that there must be a proper structure and reasonable safeguards for the 
management of supplementary hours.  The following commitments are made for this reason: 

(a) Teams/crews/workgroups for the purposes of managing supplementary hours are to 
be defined by the Manager in consultation with the Steering Committee  

(b) All teams will need to have in place systems for managing their supplementary hours. 
(c) No employee will be required to work more than 16 hours in one shift. 
(d) No employee will be required to work more than two consecutive 16 hour shifts. 
(e) Normal agreement conditions with respect to rest periods between shifts will apply. 
(f) The Steering Committee can review issues in relation to supplementary hours that 

cannot be resolved at the team level 
 
6.2.2. Employee Changes Teams 
When an employee changes teams, the employee will have their supplementary hours bank set 
at the average hours of the new team or their current level, whichever is the higher. 
 








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6.2.3. New starters 
New starters will be allocated a bank based on the average supplementary hours of the team 
that they join. 
 
6.2.4. Workers Compensation/Suitable Duties/Extended Absences 
Employees on workers compensation, suitable duties or extended personal leave of more than 
three months, precluding them from working supplementary hours, will have their supplementary 
hours bank adjusted by the average number of supplementary hours worked during the time 
they were off work, when they return to full work duties. 
 
6.3. Voluntary ‘Opting In’–‘Opting Out’ from Supplementary Hours Obligations 
(1) Employees will be required to ‘opt in’ by signing a letter, indicating their understanding of 

their obligations in accordance with this clause and their commitment to fulfil that obligation, 
addressed to the Maintenance Manager. 

(2) If an employee elects not to opt in for supplementary hours at the commencement of their 
employment they may elect to opt in at any time in the first 6 months of their employment.  
Thereafter employees may request to ‘opt in’ or ‘opt out’ of the supplementary hours 
obligations for a period of 12 months on the anniversary of this enterprise agreement by 
providing 14 days written notice to the Maintenance Manager. 

(3) Employees who do not wish to work (and be paid) supplementary hours in accordance with 
this clause are not required to ‘opt in’, and 

(a) the paid overtime provisions in clause 6.18 (Overtime) will apply. 
 
6.3.1. Voluntary ‘Opting-Out’ Mid Year 
(1) Where an employee wishes to “opt out” midyear they may apply to the Steering Committee 

in writing or completing the ‘Voluntary Opt Out of Supp Hours Form’ in the Maintenance / 
Trades EA Supporting Documents Register.  The Steering Committee will review the 
application and confirm that the employee has been fulfilling their obligations and working 
their share of supplementary hours.  The Manager will make the final decision in voluntary 
“opt out” applications. 

(2) Employees not fulfilling their obligations will not be considered for midyear “opt out”. 
(3) The provisions to “opt in” will remain on the anniversary of the EA except for new starters 

who will be given the option to “opt in” on employment. 
 
6.4. Utilisation of Supplementary Hours 
(1) Employees may be requested to work supplementary hours for any purpose except for those 

items specifically listed as excluded below. Supplementary hours will not be used in the 
following circumstances: 

(a) Contingency  
(b) Safety Meetings / Performance Meetings 
(c) Shutdowns / Extended Breakdowns as specified in Part 7 
(d) Cross area supplementary hours (except Plant Pool or Work Groups that normally 

work beyond one area) 








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(e) Coverage for employees on Jury Service or Emergency Services Leave in Clause 
12.2 or 12.4.  

(2) The working of supplementary hours will include but not be limited to the following: 
(a) Workload overtime - catch up of uncompleted work that is past its due date (priority 

equipment and work orders), backlog or the completion of assigned work. 
(b) Crew shortfalls below minimum manning 
(c) Unplanned absence 
(d) Shutdown or extended breakdown situations that do not comply with the definitions 

provided for in Part 7  
(e) Down days 
(f) Responding to on call requests 
(g) Breakdowns outside of ordinary hours 

 
6.4.1 Supplementary Hours and the Minimisation of Additional Overtime 
In order to face our future challenges and deliver on the Joint Partnership Objectives (Clause 
2.4), the Maintenance Steering Committee commit to working on the design of Supplementary 
Hours and Overtime systems to; 

 increase labour flexibility and utilisation 
 encourage work to be completed in normal hours that delivers reliable plant 

performance 
 limits the requirement and use of additional overtime 

This work will be conducted during the life of this EA for consideration in the next EA. 
 

6.4.2. After Hours Phone Calls for Technical Assistance 
Phone Calls after hours for technical assistance equates to one (1) supplementary hour and will 
be added to the employee’s supplementary hours worked total. 

(a) This will not be recorded as a request or response. 
(b) This is applicable for one or more phone calls after hours relating to a technical issue 

and associated follow up.  Each issue will equate to one hour added to the 
employees supplementary hours worked total. 

 
6.5. Supplementary Hours and Training 
(1) All company-initiated training will be undertaken in ordinary hours. 
(2) Grade related training will be scheduled in daywork hours. Where this occurs in normal time, 

an employee may attend by agreement with the Supervisor.  Alternatively, with approval of 
the Supervisor, an employee may elect to utilise supplementary hours to attend such training 
outside of their normal hours so as to accelerate development.  

(3) All personal development training, i.e. all training initiated by the employee, will be 
undertaken during supplementary hours or the employee may request to have their leisure 
day changed, with approval from their Supervisor.  Other grade related training, that is, by 








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those employees at grade 6 or 7 moving within the current structure or to the new structure, 
will be regarded as personal development. 

 
6.6. Individual’s Obligation 
(1) All employees who are parties to this agreement, who have opted in, accept the obligation 

to present themselves to work supplementary hours when requested.  This request may 
arise from within the team or from management. 

(2) Teams are to ensure that there are sufficient team members available to cover 
supplementary hours requirements in accordance with this clause.  This does not rule out 
Teams organising / arranging the working of supplementary hours between team members 
to accommodate personal needs and to share them equitably. 

(3) Every employee agrees that if they opt in to receive the supplementary hours component 
under the TSIP arrangement, they are paid for 156 hours per year (pre-paid overtime) and 
can be required by the team and the Company to work those supplementary hours. 

 
6.7. Monitoring of Supplementary Hours 
The supplementary hours worked by a team will be monitored and must be recorded. 
The company will produce two graphs from the data: 
 
6.7.1. Graph 1 - Monitoring of Responses versus Requests 
This graph will provide monthly cumulative supplementary hours responses against cumulative 
requests for the team. 

(a) Where it becomes apparent that the team is not working the requested supplementary 
hours, discussions will be held with the relevant team members as to the reasons the 
obligation is not being fulfilled.  These employees will work with the Supervisor to 
correct the situation. 

(b) If during the following two months the supplementary hours worked continues to fall 
short of the hours requested, the Manager may provide the relevant employees with 1 
months notice of the removal of supplementary hours from the employees’ salary.  This 
decision will exclude employees within the team who are meeting their obligations. 

 
6.7.2. Graph 2 - Individual Hours Worked 
This graph will identify both each team member’s cumulative supplementary hours and hours 
worked in the current supplementary hours year compared with the average of the full crew.  
Additionally it will show a reference band above and below the average line as guidelines for 
equitable distribution of supplementary hours within the crew.  The level of the reference band 
will be agreed with the crews’ Supervisor or Superintendant. 

(a) Where an employee consistently remains below the lower band their Supervisor will 
discuss with them the reasons why this situation is occurring.  The employee will work 
with the Supervisor to correct the situation. 

(b) The employee will then be monitored to ensure they consistently work their share of 
the supplementary hours. 

(c) If it becomes apparent over the next two month period that they are not fulfilling their 
obligations a further discussion will take place between the employee and their leader. 








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(d) Should the employee continue to not fulfil their supplementary hours obligation as 
described above the Manager may provide the employee with 1 months notice of the 
removal of supplementary hours from the employee’s salary. 

 
6.8. Removal of Supplementary Hours 
(1) Where removal of supplementary hours occurs the company has the right to recover from 

the employee(s) the un-worked proportion of supplementary hours at the point in time that 
supplementary hours are removed.  The Company and the employee will discuss how the 
recovery of this payment will be achieved in a reasonable time. 

(For example – 6 months into the supplementary hours year the Manager removes 
the supplementary hours component from an employee who has worked only 10 
supp hours, the company will then recover the payment for the remaining 68 
supplementary hours not worked from the employee.) 

(2) Where an employee has been removed from supplementary hours by the Company the 
employee may request to ‘opt in’ to the supplementary hours obligations at a future date – 
but no sooner than 12 months from the date of being removed from supplementary hours.  
The acceptance of such a request to opt in will be at the discretion of the Maintenance 
Manager.  Where an employee is accepted back onto supplementary hours and are again 
removed from the supplementary hours obligation in accordance with the above process, 
they cannot request to ‘opt in’ again. 

 
6.9. Minimum Manning 
(1) Crews have an obligation to ensure minimum manning levels are maintained regardless of 

whether individual employees are paid supplementary hours as part of their TSIP payment 
or are paid overtime for each occasion worked.  Where required, employees may be 
transferred between crews to ensure minimum manning. 

(2) Minimum manning refers to that number of team members required to complete the work in 
a safe manner. 

(3) Minimum Manning level table is maintained in EA Supporting document register. 
 
6.9.1 Setting Minimum Manning 
(1) The Steering Committee, in consultation with work teams, will determine the minimum 

manning requirements for each team.  The minimum manning number will be the trigger for 
activation of the call-in roster for supplementary hours, when the actual manning available 
falls below the minimum manning. 

(2) Minimum manning numbers should be set with the following principles in mind: 
(a) The commitment to employment security in Part 14. 
(b) Maintenance of a safe work environment for employees. 
(c) Employees should only be called in from home when it is absolutely necessary. 

(3) It may be decided that due to workload variations, it may be possible on occasions, to work 
below the minimum manning level.  This will only occur where both the team and the 
Department management agree.  Guidelines for working below minimum manning will be 
established by the Steering Committee in advance where possible. 

 








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6.10. Transfers Between Shift Crews 
Shift employees may be transferred between crews in the event that the number of persons in 
each crew available to work supplementary hours becomes unbalanced. 
 
6.11. Additional Labour 
Where, as a result of the opting out process in clause 6.3 or the removal of supplementary hours 
in clause 6.8 or where employees refuse to work supplementary hours additional labour may be 
utilised. 
 
6.12. Organisation’s Obligation 
The Organisation has an obligation to ensure that supplementary hours requested are in 
accordance with this Part. 
 
6.13. Individual’s & Organisation’s Obligation 
It is in the interest of the individual and the organisation to focus on improving the reliability and 
efficiency of the plant to allow for the reduction in the amount of supplementary hours worked.  
This will improve business performance and the quality of life of all team members.  However it 
is not expected that business needs will lead to a situation where employees never have to work 
supplementary hours. 
 
6.14. Supplementary Hours Bank 
Where employees ‘opt in’ they will have a bank of 156 supplementary hours as at the 1st August 
of each year. 
 
6.14.1. Work in excess of the Supplementary Hours Bank 
(1) Employees will be given the choice of payment for excess supplementary hours or time off 

in lieu or combination of both at the appropriate penalty on the base hourly rate when: 
(a) The employee works more than 156 hours and the whole team/crew/workgroup has 

each worked at least 156 hours.  Employees will not be asked to work more than 156 
hours until all in the team have done so, or 

(b) The individual employee works in excess of 24 hours during the last month of the 
supplementary hours year as a result of the company requesting the working of 
supplementary hours.  This protects the employee against the Company insisting that 
unused supplementary hours be worked out. 

(2) Time off in lieu accrued by the working of hours in excess of supplementary hours must be 
taken at a time agreed to between the employee and the Supervisor. 

 
6.15. Additional Labour – Substantial Absences 
(1) To cover substantial absences by team members e.g. workers compensation, long service 

leave, extended illness, fitness for work absences, backfill labour may be utilised. 
(2) The teams may request backfill to help avoid excessive supplementary hours that may arise 

through situations outside their control.  The steering committee will overview the consistent 
application of this clause. 

 








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6.15.1. Definition of Substantial absence 
(1) A substantial absence occurs when an employee is absent for greater than 60 consecutive 

working hours for each event as determined by the relevant team roster.  For planned leave 
backfill will be able to be organised to be used at the commencement of the absence. 

(2) If the absence is unplanned, eg fitness for work absence, crews should request the use of 
backfill as soon as it is identified that the absence is a long term one.  Under this situation 
crews will be required to accept the lead times for backfill to be made available. 

 
6.16. Recalls 
 
6.16.1. Definition 
A “Recall” means a period of time where: 

(a) An employee is called to work for a specific job after leaving the Company's premises, 
and 

(b) He or she is notified of this time either before or after leaving the Company's premises, 
and 

(c) The time is not continuous with the commencement of ordinary working time. 
 
6.16.2. Type of Work Performed 
(1) An employee will carry out recalls under the following conditions: 

(a) Must only be recalled for a specific job on any individual occasion. 
(b) The Company may also require an employee on recall to perform work of an essential 

nature in addition to the specific job if: 
(i) work of an essential nature occurs after he or she has been recalled for a specific 

job, and 
(ii) he or she has completed the specific job for which he or she was recalled, and 
(iii) he or she has not left the Company's premises. 

(2) The Company may not require an employee to work the minimum 4 hour period of a recall 
if he or she completes the required work within that 4 hour period. 

 
6.16.3. All Employees - Recall Rest Periods 
(1) An employee will be released for the appropriate rest period without loss of payment for 

ordinary time which occurs during this rest period, if he or she works 4 hours or more on 
any individual recall. 

(2) Where a recall is less than four hours, the rest period of this agreement does not apply in 
certain circumstances.  This can create difficulties for employees who are required to 
commence the next day’s work without having had a reasonable period of sleep. 

(3) In such circumstances and before returning home after the recall, the employee should 
agree with the Supervisor and/or the team a revised starting time for the next day’s work.  
In the absence of a team leader or their team, the employee should advise the ESS at the 
time of leaving the plant of their revised starting time. 

 
 








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6.16.4. Recalls for Supplementary Hours 
(1) An employee recalled to work supplementary hours, not continuous with their ordinary 

hours, will have their bank reduced by a minimum of four hours in accordance with this 
agreement. 

(2) An employee who is recalled to work without prior notice will have their supplementary hours 
bank reduced from the time of acceptance of the recall 

(3) An employee recalled to work at an arranged time in the future will have their supplementary 
hours bank reduced from the time of leaving home. 

 
6.16.5. Opted Out Payments for Recalls 
When Opted Out an employee will be paid at overtime rates for a minimum of 4 hours work for 
each time that he or she is recalled to work not continuous with their ordinary hours 
 
6.17. All Employees - Meal Breaks On Supplementary Hours / Overtime 
An employee will be entitled to a 20 minute meal break without any deduction of pay under the 
following conditions: 

(a) An employee is entitled to the first meal break if he or she is required to work a 
minimum of 1.5 hours continuous overtime after completing his or her ordinary working 
hours.  This meal break may be taken before commencing this overtime. 

(b) The employee is entitled to an additional meal break for each and every 4 hour period 
of continuous overtime that he or she works after completing his or her ordinary 
working hours if he or she continues to work overtime after this meal break. 

(c) The Company and the employee may agree to any variation of this sub clause to meet 
the operational needs of the business. 

(d) The Company will not be required to pay any employee for any meal time in excess of 
20 minutes. 

 
6.18. Overtime 
 
6.18.1. Opted Out Employees - Reasonable Overtime 
The Company may require an employee who has opted out of supplementary hours, to work 
reasonable overtime in accordance with the rates and conditions of this agreement. 
Overtime is work which is performed: 

(a) in excess of ordinary hours, and 
(b) outside ordinary hours of work, and 
(c) on a shift other than a rostered shift. 

 
6.18.2. Opted Out Employees - Refusal of Overtime 
An employee who has opted out of supplementary hours may refuse to work overtime in 
circumstances where the working of such overtime would result in the employee working hours 
which are unreasonable having regard to: 

(a) any risk to employee health and safety; 








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(b) the employee's personal circumstances including any family responsibilities 
(c) the needs of the workplace or enterprise; 
(d) the notice (if any) given by the employer of the overtime and by the employee of their 

intention to refuse it; and 
(e) any other relevant matter. 

 
6.18.3. Dayworkers & Non-Continuous Shiftworker Overtime 
Dayworker’s or Non-Continuous Shiftworker’s overtime rates will be: 
 
6.18.3.1. Monday to Friday 

(a) Time and a half for the first 2 hours overtime worked on any one day, and 
(b) Double time until the completion of that overtime work. 
(c) Double time for all overtime worked if he or she has worked more than 10 hours 

overtime in any one week at the rate of time and one half. 
 

6.18.3.2. Saturday 
(1) Employees required to work overtime on a Saturday shall be offered at least four hours work 

or be paid for a minimum of four hours at the rate of time and a half for the first two hours 
and double time thereafter.  The double time is to be paid until the employee is relieved from 
duty. 

(2) Where the overtime is continuous with overtime commenced on the previous day and the 
time and a half rate has already been worked the rate will continue into Saturday at double 
time. 

(3) Where the overtime is continuous with overtime commenced on the previous day the four 
hour minimum work on Saturday does not apply, provided that a minimum payment of four 
hours, at the Saturday rate, will apply if the overtime goes over two days and the work is 
completed in less than four hours. 

(4) Where the overtime commences on Saturday and is continuous with overtime completed 
on the following day the four hour minimum work on Saturday does not apply, provided that 
a minimum payment of four hours, at the Saturday rate, will apply if the overtime goes over 
two days and the work is completed in less than four hours. 

 
6.18.3.3. Sunday, Public Holiday and Leisure Days 
(1) All work performed on a Sunday and Leisure Day shall be paid at the rate of double time 

and for all work on a public holiday at double time and a half. 
(2) Employees required to work overtime on a Sunday, Leisure Day or public holiday shall be 

offered at least four hours work or be paid for a minimum of four hours.  The double time or 
double time and a half is to be paid until the employee is relieved from duty. 

 
6.18.4. Continuous Shiftworker’s Overtime 
All overtime is paid at double time except for public holidays where the rate shall be double time 
and a half. 
 








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6.18.5. Overtime Calculation 
Each day will stand alone for the purpose of calculating overtime under this agreement, except 
in clause 6.18.3.1(c). 

6.18.6. Continuous & Non-Continuous  Shiftworker: Non Payment For Overtime 
A Continuous or Non-Continuous shiftworker will not be paid at overtime rates if the overtime is 
worked: 

(a) By arrangement between the employees themselves (swap shifts), or 
(b) Customary rotation of shifts, or 
(c) On a shift which the employee is transferred to, on short notice, as an alternative to 

the employee being stood down in circumstances which would entitle the Company to 
deduct payment for any days that the employee can not be usefully employed because 
of any: 

(i) strike, breakdown in production or machinery or any stoppage of work for 
which the Company can not be held reasonably responsible. 

6.18.7. All Employees - Rest Periods 
(1) All employees are entitled to a 10 hour rest period off duty between the work of two 

consecutive days: 
(2) Employees will be entitled to these rest periods under the following conditions: 

(a) It must be necessary for the employee to work overtime, and 
(b) The Company will arrange for the employee to take a rest period where this is 

practicable, and 
(3) An employee will be released for the rest period without any loss of ordinary time which 

occurs during this rest period. 

6.18.7.1. Rest Period Not Given 
Under some circumstances the Company may require that an employee resume or continue to 
work when he or she has not been given the appropriate rest period.  In this situation the 
employee will be paid at the rate of double time for any hours worked, until it is possible for that 
employee to take his or her appropriate rest period.  This employee will then be entitled to the 
appropriate rest period without any loss of pay for ordinary hours which fall during this rest 
period. 

6.19. All Employees - Transport of employees 
(1) The Company will provide an employee with transport to and / or from his or her home, or 

pay an employee his or her current wage, for the time which is reasonably occupied in 
travelling to and / or from his or her home if: 

(a) an employee commences or finishes overtime, or a shift other than a rostered shift, 
and this employee is required to travel at a time when the employee genuinely does 
not have transport, and 

(b) overtime and transport is authorised by Tomago. 
(2) Although taxis would not normally be provided in cases of pre-arranged overtime, there may 

be some limited cases where a genuine need still exists as approved by Tomago.  








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PART 7: SHUTDOWNS / EXTENDED BREAKDOWNS 
 
7.1. Shutdowns 
A shutdown is an incident where a piece of equipment is decommissioned for: 

(a) a set period of time greater than 24 hours, and 
(b) is manned around the clock 24 hours (The manning required Maintenance, 

Production, Contractors, to execute the critical path activities that require the work to 
be manned around the clock) and 

(c) pre-planned with maintenance and production, and 
(d) employees are required to work outside their normal rostered hours on work defined 

for that shutdown. 
 
7.1.1. Shutdown Premium Payment 
(1) Where an employee is required to work 12 hour dayshift/s or Nightshift/s on a shutdown, the 

employee will be given 4 days notice to transfer to and 4 days notice to transfer from shift.  
A Premium Payment as specified in the appropriate table in clause 7.3.3 will be paid per 12 
hour shift worked on top of their salary.  Where employees are rostered on Saturdays, 
Sundays or Public Holidays, a premium payment will be paid in accordance with the 
appropriate table in clause 7.3.3 for each 12 hour shift worked. 

(2) For shifts of less than 12 hours a pro-rata Premium Payment will apply to all hours worked 
on night shift and hours in excess of their prescribed roster for daywork. 

(3) Time worked above the prescribed hours in the employees daywork roster are in addition to 
the employee’s supplementary hours and will not reduce the supplementary hours bank.  
These hours are included in the Premium Payment. 

 
7.1.2. Appropriate Notice Not Received 
Where an employee does not receive at least 4 consecutive days notice they will be paid at the 
rate of double time, or triple time for public holidays, from the time of commencement on the new 
roster for the remainder of the notice period. 

For example, if 2 days notice is given, the first 2 shifts will be paid at the appropriate 
penalty rate to make up the 4 days notice period. 

 
7.1.3. Cancellation of a Shutdown 
(1) The provisions in Clause 7.1.2 will also apply when a shutdown is cancelled within 48 hours 

of commencement and the employee/s on nightshift/s revert to their prescribed daywork 
roster. 

(2) Where a shift is cancelled during a shutdown and employees are not required to attend, they 
will be paid as if the shift had been worked. 

 
7.1.4. Extension of a Shutdown 
Where a shutdown is extended further than planned, employees will be paid the Premium 
Payment as specified in the appropriate table in clause 7.3.3 for each 12 hour shift worked on 
top of their salary.  When planning these extra shifts, consideration should be given to how many 








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12 hour shifts have already been worked by employees and their availability.  Other employees 
may need to be organised to work the extra shifts. 
 
7.1.5. Shiftworkers 
Where a Shiftworker is required to work on a shutdown, the additional hours worked above their 
normal rostered hours will be paid at overtime rates.  These hours are in addition to the 
employee’s supplementary hours and will not reduce the supplementary hours bank. 
 
7.2. Extended Breakdowns 
An extended breakdown is an incident where a piece of equipment is decommissioned for: 

(a) an unplanned incident greater than 48 hours, and 
(b) is manned around the clock for a minimum of 48  hours, (The manning required 

Maintenance, Production, Contractors, to execute the critical path activities that 
require the work to be manned around the clock) and 

(c) employees are required to work outside their normal rostered hours on work defined 
for that breakdown. 

 
7.2.1. Extended Breakdown Premium Payment 
(1) Where an employee is required to work 12 hour daywork/s on an extended breakdown the 

employee will be paid a Premium Payment as specified in the appropriate table in clause 
7.3.3 per 12 hour shift on top of their salary. 

(2) Where an employee is required to work nightshift/s on an extended breakdown, the 
employee will be given 10 hours notice to transfer to nightshift and will be paid a Premium 
Payment as specified in the appropriate table in clause 7.3.3 per 12 hour shift on top of their 
salary.  Where employees are rostered on Saturdays, Sundays or Public Holidays, a 
premium payment will be paid in accordance with the appropriate table in clause 7.3.3 for 
each 12 hour shift worked. 

(3) For shifts of less than 12 hours a pro-rata Premium Payment (clause 7.3.1.1) will apply to all 
hours worked on night shift and hours in excess of their prescribed roster for daywork. 

(4) Time worked above the prescribed hours in the employees daywork roster are in addition to 
the employee’s supplementary hours and will not reduce the supplementary hours bank.  
These hours are included in the Premium Payment. 

 
7.2.2. Appropriate Notice Not Received 
Where an employee does not receive at least 10 hours notice they will be paid at the rate of 
double time, or triple time for public holidays, for their first shift. 
 
7.2.3. Shiftworkers 
Where a Shiftworker is required to work on an extended breakdown the additional hours worked 
above their normal rostered hours will be paid at overtime rates.  These hours are in addition to 
the employee’s supplementary hours and will not reduce the supplementary hours bank. 
 








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7.3. Shutdown / Extended Breakdown Premium Payment. 
(1) The following Premium Payments are paid on Shutdowns / Extended Breakdowns.  The 

payment is paid on each 12 hour shift worked, and on top of the employee’s salary.  These 
payments take into account the relevant overtime, special allowance, shift allowance and 
shift rates. 

(2) Premium payments are calculated to pay for the overtime worked above the normal rostered 
hours for a full 12 hour shift. 

(a) The 9.5 hour roster (4 day week) has 2.5 hours of overtime calculated in the Monday 
to Friday premium payment. 

(b) The 8.5 hour roster (9 day fortnight) has 3.5 hours of overtime calculated in the 
Monday to Friday premium payment. 

(c) Saturdays and Sundays have 12 hours of overtime calculated in the premium 
payment. 

(d) Public Holiday premium payments are based on time and a half for 8 hours and 
double time and a half for 4 hours as the TSIP has 8 hours already included in the 
ordinary rate.  This equates to double time and a half for the full 12 hour shift.   

 
7.3.1. Pro-Rata Premium Payments 
A pro-rata premium payment is made where a shift is: 

a) greater than the normal rostered hours and less than 12 hours, or 
b) a Saturday, Sunday or Public Holiday shift of less than 12 hours, or 
c) the shift goes in excess of 12 hours. 
 

7.3.1.1. Shifts Less Than 12 hours 
a) Monday to Friday shifts less than 12 hours.  Divide the appropriate grade premium 

payment for an 8.5 hour shift by 3.5, or a 9.5 hour shift by 2.5 to obtain the pro-rata 
hourly rate. 

b) Saturday and Sunday shifts less than 12 hours.  Divide the appropriate grade premium 
payment by 12 to obtain the pro-rata hourly rate. 

 
7.3.1.2. Shifts Greater Than 12 hours 
In all circumstances, (except Public Holidays), for shifts greater than 12 hours the Sunday rate 
is to be used.  Divide the appropriate grade premium payment by 12 to obtain the pro-rata hourly 
rate. 
 
7.3.1.3. Public Holidays 

a) Shifts less than 12 hours.  Divide the Public Holiday appropriate grade premium 
payment by 12 to obtain the pro-rata hourly rate. 

b) Shifts greater than 12 hours.  A separate table is included with pro-rata hourly rates in 
the premium payment tables for work in excess of 12 hours on a Public Holiday. 

7.3.1.4. Work on Roster Days 
Where an employee is required to work on a shutdown / extended breakdown on a roster day 
the Sunday premium payment will apply. 








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7.3.2. Employees on 8 and 12 hour shifts 
Employees working 8 and 12 hour shifts will have a premium payment calculated at the time as 
the Premium Payment Tables only cover 8.5 and 9.5 hour rosters. 
 
7.3.3. Premium Payment Tables 
 
7.3.3.1. Premium Payments 
 

 
 
7.3.3.2. Public Holiday Pro-Rata Hourly Rates for Hours in Excess of 12 Hours 
 

 
 
 
 
 
 
 
 
 
  

Roster Type
12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift

Grade 6 244.00$               399.55$               163.26$               332.55$               
Grade 7 257.13$               420.35$               172.00$               349.62$               
Grade 8 268.19$               437.89$               179.38$               364.02$               

12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift
Grade 6 902.34$               969.01$               940.96$               969.01$               863.71$               891.77$               
Grade 7 952.64$               1,021.51$             993.46$               1,021.51$             911.83$               939.88$               
Grade 8 995.05$               1,065.76$             1,037.70$             1,065.76$             952.39$               980.45$               

Premium Payments: Saturday, Sunday & Public Holidays
Divide these rates by 12 to obtain a pro-rata hourly rate for shifts more or less than 12 hours

Saturday Sunday Public Holiday

Premium Payments: Monday - Friday
Divide these rates by 3.5 to obtain 
a pro-rata hourly rate for shifts of 

less than 12 hours

Divide these rates by 2.5 to obtain 
a pro-rata hourly rate for shifts of

 less than 12 hours
8.5 Hour Roster 9.5 Hour Roster

Dayshift Nightshift
Grade 6 97.72$                       110.31$                     
Grade 7 103.19$                     116.43$                     
Grade 8 107.80$                     121.58$                     
Grade 9 112.43$                     126.76$                     

Public Holiday Pro Rata Hourly Rates - 
For Hours in Excess of a 12 Hour Shift

1/04/2018








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PART 8: PERMANENT PLANT POOL 
 
8.1. Purpose and Definition 
(1) The purpose of the pool is to provide a flexible pool of Tomago employees trained and 

experienced with working at Tomago.  They are not permanently attached to an 
area/functional crew and may work in different parts of the Tomago maintenance function 
on an irregular, as needed, basis. 

(2) A plant pool employee is a permanent employee that is either employed into this position or 
is transferred into this position. 

(3) The number of permanent pool employees, and the required skill disciplines of such 
employees, will be determined by the Maintenance Manager. 

(4) It is Tomago’s intention to engage pool employees that are of a suitably high standard to 
ensure that the work they are required to do is undertaken to a satisfactory level. 

(5) Permanent pool employees may be required to carry out any work that is within their skills 
and competence, subject to safe working requirements, in any Maintenance work area. 

 
8.2. Working in New Areas 
Where a Plant Pool employee is allocated into a work team for the first time the Supervisor will 
ensure that the team members are aware of the following: 

(a) The work they will be undertaking and expected duration, 
(b) Any gaps in respect to the pool employees level of competency and experience in 

relation to the work they will be undertaking, 
(c) Key safety issues that may affect the pool employee 

 
8.3. Company Obligation 
The company is responsible to ensure that pool employees are afforded the same level of safety, 
training and development, access to grading changes and appropriate leadership as other 
Maintenance employees. 
 
8.4. Applicable Enterprise Agreement Conditions 
Permanent Pool employees have access to the same terms and conditions as other employees 
covered by this agreement except as specified in 8.5 (6) below. 
 
8.5. Hours of Work 
(1) It is recognised that the nature of the work will require a degree of flexibility of pool 

employees.  Pool employees and the Pool Supervisor will work together cooperatively to 
ensure that the required work is undertaken while taking into account the needs of the 
employee. 

(2) The base roster for a permanent pool employee is the 9 day fortnight although the pool 
employee may be requested to work the roster of the crew they are joining. 

(3) By agreement with the Pool Supervisor, on any given day the hours may flex to suit the work 
requirements recognising that normal hours in any week reflect a total of 38 hours. 








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(4) Hours worked in excess of 38 per week or the applicable roster will be managed in 
accordance with Part 6 (Supplementary Hours), or Clause 6.18 (Overtime) for opted out 
employees. 

(5) Pool employees may be placed in roster panels and can be allocated on a totally irregular 
basis by the Pool Supervisor.  The allocation / transfer to a crew will be subject to the need 
to have a break between the work of two consecutive days of 10 consecutive hours. 

(6) Pool employees will not be entitled to the notice of transfer to / from shift provided for in 
Clause 4.12 of this Agreement. 
a) Pool employees will be paid an allowance as prescribed in Clause 5.8.2 (Allowances Paid 

on Top of TSIP), In lieu of the provisions of clause 4.12. 
 
8.6. Supplementary Hours 
(1) Permanent pool employees who Opt-in will be subject to Part 6 (Supplementary Hours).  

When assigned to a crew pool employees may be requested to work supplementary hours 
or overtime in accordance with that clause. 

(2) Where Pool employees Opt-In they will be added to the supplementary hours calculation in 
respect to the crew they are allocated to.  Supplementary hours will be monitored to ensure 
they are meeting their obligations in accordance with this Agreement.  Where supplementary 
hours are consistently refused then the provisions of Clause 6.8 (Removal of Supplementary 
Hours) will apply.  The Pool Supervisor will monitor supplementary hours worked to ensure 
pool employees do not work excessive supplementary hours. 

  








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PART 9: APPRENTICES 
The Company is committed to training apprentices in a way that adds value to the organisation 
and to the community.  The company reserves the right to utilise the services of an external 
training provider and/or provider of apprentices to gain flexibility and efficiency and may take on 
apprentices at any stage of their training. 
 
9.1. Apprenticeship Trades 
Where the Company employs minors under a Contract of Apprenticeship the following trades 
apply: 

(a) Certificate III in Engineering – Mechanical Trade. 
(b) Certificate III in Electrotechnology Electrician. 
(c) Certificate III in Automotive Mechanical Technology. 
(d) Certificate III in Instrumentation and Control. 
(e) Certificate IV in Engineering (Fluid Power) 

 
9.2. Contract of Apprenticeship 
Each Contract of Apprenticeship must contain the following: 

(a) the names of the parties; 
(b) the date of birth of the apprentice; 
(c) a statement of the trade or trades to which the apprentice is to be bound; 
(d) a statement of the trade or trades which he or she is to be taught during the course 

and for the purpose of his or her apprenticeship; 
(e) an undertaking by the Company to teach and instruct or cause the apprentice to be 

taught or instructed in the trade to which he or she is bound; 
(f) the date at which the apprenticeship is to commence; 
(g) all other conditions of apprenticeship. 

 
9.2.1.  Notification to the NSW Department of Education and Training 
The Company must notify the NSW Department of Education and Training if it employs a 
probationary employee in any of the trades specified in Clause 9.1.  This notification must be 
made within 14 days of the commencement of a probationary employee’s employment. 
 
9.2.2. Probationary Period 
All apprentices will be subject to a probationary period of 3 months. This 3 month probationary 
period will count as part of the apprenticeship. 
 
9.2.3. Cancellation or Suspension of Indenture 
(1) The Company and/or an apprentice may cancel or suspend an indenture or apprenticeship 

under the following conditions: 
(a) if the Company is unable to find suitable employment for an apprentice due to a lack 

of orders, or 








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(b) if the Company is unable to find suitable employment for an apprentice due to 
financial difficulties and the Company cannot arrange a suitable transfer of indenture 
to another employer and the NSW Department of Education and Training believes 
that there are circumstances which make the suspension or cancellation necessary or 
desirable. 

(2) The NSW Department of Education and Training is the only body, which has the power to 
approve any cancellation or suspension of apprenticeship or indenture. 

(3) Any undertaking in an indenture will have no force or effect if it is inconsistent with anything 
outlined in this clause. 

 
9.2.4. Attendance at Technical Schools 
An apprentice will be reimbursed all fees for attendance at Technical College or school if he or 
she provides reports of his or her satisfactory conduct. 
 
9.2.5. Instruction in Welding 
Apprenticeship training for all trades specified in Clause 9.1 will include Electric Welding and 
Oxy-Acetylene Welding.  This will be done as far as this is practicable with the facilities available 
in the shop in which the apprentice is being trained. 
 
9.3. Number of Apprentices to Tradespersons 
(1) The Company will not employ apprentices in excess of one apprentice for every two 

tradespersons or fraction of two tradespersons in that trade concerned. 
(2) The average number of tradespersons working during the most recent 6 months will be used 

to calculate proportion of tradespersons to apprentices in the trade concerned. 
(3) A person will not be used in the calculation of the proportion of apprentices to tradespersons 

if this person is undertaking practical training in a workshop for professional work for a period 
not exceeding two (2) years. 

 
9.4. Apprentice Ordinary Hours of Work 
An apprentice's ordinary hours of employment will not exceed those of the tradespersons in 
each workshop. 

9.4.1. First Year Apprentice Ordinary Hours 
First year apprentices will work an average of 38 hours per week.  Their roster will be an 8 hour 
day, 19 day month.  This will be achieved by working a rotating cycle of 4 weeks; 

(a) Weeks 1, 2 & 3 
five 8 hour days which includes one day at Technical College to equal 40 hours a 
week, and 

(b) Week 4 
four 8 hour days to equal 32 hours, and 
one leisure day 

  








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9.4.2. Second, Third and Fourth Year Apprentice Ordinary Hours 
(1) Second, third and fourth year apprentices will work an average of 38 hours per week.  Their 

roster will be a 9 day fortnight, 8.5 hour day.  This will be achieved by working a rotating 
cycle of 2 weeks; 

(a) Week 1,  
Four 8.5 hour days, and 
One 8 hour day, which will be for attendance at Technical College. 

(b) Week 2 
Three 8.5 hour days, and 
One 8 hour day, which will be for attendance at Technical College, and 
One leisure day 

 
(2) If an apprentice completes Technical College and does not apply for day release for extra 

studies then: 
(a)  In week two they will work four days at 8.5 hours and one leisure day. 

 
9.5. Overtime 
Apprentice and Adult apprentice salaries do not include supplementary hours.  All hours worked 
in excess of ordinary hours will be paid in accordance with Part 6, Overtime. 
 
9.6. Shutdowns / Extended Breakdowns 
Part 7 will apply to apprentices and adult apprentices working on shutdowns or extended 
breakdowns that meet the criteria in Clause 7.1 or Clause 7.2 of this agreement.  A premium 
payment will be paid in accordance with the tables in Clause 9.12 for apprentices employed 
before 1/8/2013 and Clause 9.13 for apprentices employed after 1/8/2013. 
 
9.7. Make up of Lost Time 
An apprentice will: 

(a) Serve one day for every day that he or she is absent from duty without the Company's 
consent, and 

(b) His or her next year of service will not commence until he or she has served this time, 
if: 
(i) the apprentice has unlawfully absented him or herself without the Company's 

consent, or 
(ii) the apprentice has given the Company less service than the ordinary working 

days specified for that trade. 
(c) An apprentice is entitled to deduct any time which is worked in excess of his or her 

ordinary hours from any time that he or she owes to the Company. 
 
9.8. Adult Apprentices 
The Company may employ an adult to serve an apprenticeship.  An adult apprentice will be 
defined as an apprentice 21 years and over at the commencement of their training agreement. 








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9.9. Instrumentation Apprentices 
(1) Year 5 Instrumentation Apprentices will commence on the applicable Grade 6 rate.  They 

will progress through the grading structure upon completion of the required competencies 
of the Instrumentation Fitter. 

(2) Instrumentation apprentices will be required to Opt-In to supplementary hours to have them 
included in their salary. 

 
9.10. Apprentices Permanently Employed 
Apprentices who are permanently employed as tradespersons will be assessed and graded 
based on their competence. At a minimum, they will commence on the applicable Grade 6 rate.  
They will progress through the grading structure upon completion of the required competencies 
for the relevant discipline. 
 
9.11. Apprentice and Adult Apprentice Wage Rates 
(1) Apprentice and adult apprentice wages will be paid in the form of an annualised salary. 
(2) The salaries will be calculated to the nearest dollar. 
(3) The minimum salary rate for an apprentice is calculated in accordance with the percentages 

of the ordinary rates in the tables below: 
(4) Apprentice and adult apprentice salaries include a tool allowance as detailed in clause 

5.8.1.1, Allowances 
 
9.11.1. All Apprentice Annualised Salaries 
 

 
 
 
 
 
 
 
 
 
  

Year Apprentice 
Annual Base Salaries

Adult Apprentice 
Annual Base Salary

1st Year 38,220$                               58,859$                       
2nd Year 45,864$                               63,445$                       
3rd Year 57,330$                               65,738$                       
4th Year 67,268$                               68,796$                       








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9.12. Premium Payment Tables - Apprentices  

 
 
9.13. Apprentice Public Holiday Pro-Rata Hourly Rates for Hours in Excess of 12 
Hours 
 

 
 

 

  

Roster Type
12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift

1st Year 144.35$               216.47$               214.72$               325.79$               
2nd Year 170.41$               256.97$               230.36$               350.09$               
3rd Year 209.51$               317.70$               238.18$               362.24$               
4th Year 243.39$               370.34$               248.60$               378.44$               

Apprentices
12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift

1st Year 442.21$               488.89$               460.83$               488.89$               423.60$               451.66$               
2nd Year 527.85$               578.25$               550.19$               578.25$               505.51$               533.57$               
3rd Year 656.31$               712.29$               684.23$               712.29$               628.38$               656.43$               
4th Year 767.63$               828.46$               800.40$               828.46$               734.87$               762.93$               

Adult Apprentices
12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift 12 Hour Dayshift 12 Hour Nightshift

1st Year 673.44$               730.16$               702.10$               730.16$               644.76$               672.82$               
2nd Year 724.82$               783.78$               755.72$               783.78$               693.91$               721.97$               
3rd Year 750.50$               810.58$               782.53$               810.58$               718.48$               746.54$               
4th Year 784.76$               846.33$               818.27$               846.33$               751.24$               779.31$               

Divide these rates by 12 to obtain a pro-rata hourly rate for shifts less than 12 hours
Saturday Sunday Public Holiday

Saturday Sunday Public Holiday

Premium Payments: Monday - Friday
Divide these rates by 3.5 to obtain Divide these rates by 2.5 to obtain 

Apprentices Adult Apprentices

Premium Payments: Saturday, Sunday & Public Holidays

Dayshift Nightshift
1st Year 47.71$                       60.30$                       
2nd Year 57.02$                       69.61$                       
3rd Year 70.98$                       83.57$                       
4th Year 83.08$                       95.67$                       

Apprentice Public Holiday Pro Rata Hourly Rates - 
For Hours in Excess of a 12 Hour Shift

1/04/2018

Dayshift Nightshift
1st Year 72.86$                       85.43$                       
2nd Year 78.43$                       91.01$                       
3rd Year 81.22$                       93.81$                       
4th Year 84.95$                       97.53$                       

Adult Apprentice Public Holiday Pro Rata Hourly Rates - 
For Hours in Excess of a 12 Hour Shift

1/04/2018








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PART 10: OCCUPATIONAL HEALTH & SAFETY MATTERS, EQUIPMENT, 
TOOLS & AMENITIES 

 
 
10.1. Occupational Health & Safety 
(1) All employees recognise their individual responsibilities to work together to achieve safety 

in the workplace, to comply in full with the relevant Occupational Health and Safety 
legislation and to support the Tomago commitment to safety. 

 
 

The Tomago Commitment to Safety 
 

Safety is our first priority because we care about the health of our people and our 
business. 

 
Nothing is ever so important or urgent that we cannot take the time to do our work 

safely. 
 

Our goal is ZERO injuries, ZERO incidents 
 
We will live by our safety principles 
 
 All injuries can be prevented 

 
 Working safely is a condition of employment at Tomago 

 
 Do not accept unsafe behaviour from anyone 
 
 
(2) The parties are committed to: 

(a) Working together in a consultative manner to prevent occupational injury and illness. 
(b) Providing a safe and healthy work environment 
(c) Training and developing our people to work safely 
(d) Conducting all tasks according to our procedures and safe working practices 
(e) Identifying, minimising and where possible eliminating exposure to workplace hazards 
(f) Allowing appropriate access to the information on operations of the plant and 

Company’s products 
(g) Addressing improper work practices and safety breaches including the development 

of safe working practices and procedures 
(h) Developing guidelines to ensure consistent and appropriate responses to safety 

breaches 
 
 
 
 








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(3) We expect everybody on site to: 

(a) Understand and follow all safety requirements 
(b) Maintain a clean and orderly work area 
(c) Make sure they are properly trained for the task 
(d) Participate in safety monitoring and education programs 
(e) Regularly review the work place for hazards 
(f) Immediately report all incidents and injuries 
(g) Communicate openly at all levels 
(h) Demonstrate their commitment by signing “The Tomago Commitment to Safety” on 

commencement of employment. 
 
10.2. Personal & Protective Clothing & Equipment 
The Company will issue an employee with personal and protective clothing and equipment under 
the following conditions: 

(a) This issue must be appropriate to the work to be performed, will be free of charge 
and remain the property of the Company 

(b) All employees are responsible for the safe wearing, use, repair and laundering of 
personal protective clothing and equipment. 

(c) The Company will repair or replace clothing or tools damaged by fire, corrosive 
substances or molten metal during the course of work. 

(d) The Company will only be liable for damaged tools of trade which are normally used 
in performance of an employee’s duties. 

 
10.3. Laundry of Work Clothes 
The Company will provide appropriate laundry services to meet the needs of employees in 
designated areas where there is a proven significant health risk. This laundry service is intended 
for employees who are exposed to pitch or similar substances and who consequently need a 
change of work clothes daily. 
 
10.4. Amenities & Conveniences 
Minimum conditions will be those prescribed by the New South Wales Occupational Health and 
Safety Act, and the New South Wales Occupational Health and Safety Regulations as amended. 
 
  








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PART 11: LEAVE ENTITLEMENTS – PERSONAL, ANNUAL, LSL, 
PARENTAL, BEREAVEMENT, PUBLIC HOLIDAYS 

 
11.1. Personal / Carers Leave  
Personal leave is available to employees for genuine sickness, carer’s leave and paternity leave 
in accordance with this clause.  All approved personal leave will be paid at the employee’s 
appropriate TSIP rate. 
 
11.1.1. Entitlement 
Employees will accumulate the following pro rata entitlements to personal leave. 
 

PERIOD OF SERVICE. PERSONAL / CARERS LEAVE ENTITLEMENT 
For each completed month of service 
for the first 6 months. 

6.33 hours of paid personal / carers leave per 
month. 

On the completion of 6 months. A further 38 hours paid personal / carers leave. 
On his or her anniversary date  A further 76 hours paid personal / carers leave. 
On each subsequent anniversary date 76 hours paid personal / carers leave per annum 

 
11.1.2. Conditions Applying to Payment 
An employee will be entitled to leave of absence without any deduction of their TSIP rate if he 
or she is absent: 

(a) due to personal illness or injury, or 
(b) due to a need to care for a sick or injured member of the immediate family or 

household, or, 
(c) parental leave, or 
(d) under some circumstances as a result of an injury from an accident arising out of and 

in the course of employment and 
(e) provides appropriate notice under clause 11.1.3 below, and  
(f) provides the required evidence under clauses 11.1.5.1 or 11.1.6.2 below. 

 
11.1.2.1. Personal Leave and Workers Compensation 
An employee will only be entitled to paid leave of absence, if he or she is not entitled to Workers 
Compensation during the same period of absence. 
 
11.1.3. Required Notification for Personal / Carers Leave 
(1) The employee must notify the Company of his or her inability to attend for duty before 

commencing this absence, or unless due to exceptional circumstances, within 24 hours of 
commencing this absence (if he or she is unable to notify the company prior to the 
commencement of this absence), and 

(2) The employee must provide the Company with the following information: 
(a) The nature of the illness or injury where this is practicable, and 
(b) the estimated duration of the absence. 








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(3) The employee must prove to the satisfaction of the Company that any failure to give the 
required notice in this Clause was reasonable in the circumstances. 

 
11.1.4. Accumulation of Personal / Carers Leave 
(1) The amount of leave that employees accumulate from one year to the next is the amount of 

annual personal leave that is left after leave in Clause 11.1 has been taken. 
(2) An employee will accumulate any unused portion of his or her personal / carers leave 

entitlement from one year to the next if his or her employment remains continuous with the 
Company. 

(3) An employee may take his or her accumulated personal leave in any following year for the 
purposes of personal / carers leave. 

 
11.1.5. Sick Leave 
 
11.1.5.1. Required Evidence for Sick Leave 
(1) An employee may not exceed 48 hours of sick leave, without the production of satisfactory 

evidence, in an anniversary year. 
(2) When satisfactory evidence is required the onus is on the employee to provide a certificate 

from a registered health practitioner or a statutory declaration. 
(3) Where an employee is sick and unable to present satisfactory evidence before the end of 

the pay period he or she can verbally notify the Company of their absence from work by 
telephone.  On return to work, the employee must present the evidence to the appropriate 
supervisor or Supervisor, failure to do so will result in an appropriate deduction from the 
next period’s pay. 

(4) Satisfactory evidence will be accepted for the purpose of personal leave payments for 
employees where the majority of the shift falls on the day of the document date e.g. 7pm 
Sunday to 7am Monday will be counted as Monday for evidence purposes only. 

 
11.1.5.2. Sick Leave in Advance 
An employee is not entitled to claim leave in excess of his or her accrued entitlement, except in 
accordance with Tomago’s Sick Leave in Advance Policy.  The Sick Leave in Advance Policy is 
located in the Tomago DMS, SAP No.150000000080. 
 
11.1.5.3 Extended Paid Sick Leave 
In the event of a long term non-compensable personal injury or illness that prevents an employee from 
attending work for an extended period they will be entitled to receive payments at the TSIP rate. The 
payments will be determined by a number of factors: 

1) Medical Certificates will be provided for all periods of leave 
2) Leave will be authorised by the People, Safety and Environment Manager in consultation with 

the Department Manager and “the union” 
3) “The company” may require the person to be seen by ‘the Company” Medical Officer 

Not all leave balances may need to be exhausted before access to this payment. 








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The intent of this payment is to provide employees with leave in the event of a serious medical illness or 
injury. 

Employee’s subject to performance improvement actions (including but not limited to discipline) for 
absenteeism may be ineligible for uncapped personal leave subject to the discretion of the Manager – 
People, Health, Safety and Environment. 
11.1.6. Carer's Leave 
(1) Carer’s leave may be taken in periods of less than normal shift hours (i.e. part days). 

The entitlement to use carer’s leave in accordance with this sub-clause is subject to: 
(a) The employee being responsible for the care of the sick or injured person concerned, 

or 
(b) an unexpected emergency affecting the person concerned 

(2) The person concerned is either, 
(a) a member of the employee's immediate family, or 
(b) a member of the employee's household. 

(3) The term "immediate family" includes: 
 

 Spouse 
 Former spouse 
 Defacto spouse 
 Former defacto spouse 
 Child 
 Step-Child 
 Adopted Child 
 Grandchild 

 Foster child 
 Sibling (brother or sister) 
 Parent 
 Step parent 
 Grand parent 
 Parent-in-law 
 Spouses siblings 

 
(a) A defacto spouse, in relation to a person, means a person of the opposite sex to the 

first mentioned person who lives with the first mentioned person as the husband or 
wife of that person on a bona fide domestic basis although not legally married to that 
person. 

(b) The term “employee’s household” includes a same sex partner living with the employee 
as a defacto partner of that employee on a bona fide domestic basis. 

 
11.1.6.1. Unpaid Carers Leave 
When an employee’s personal / carers leave entitlements have been exhausted the employee 
may take unpaid carers leave on each occasion to provide care or support for a person 
concerned as defined in 11.1.6.  The leave may be taken for each occasion as: 

(a) a single continuous period of up to 2 days; or 
(b) any separate periods to which the employee and TAC agree. 

 
11.1.6.2. Required Evidence for Carers Leave 
(1) Carers leave may be claimed with the provision of satisfactory evidence (a statutory 

declaration or medical certificate). 








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(2) In certain circumstances, eg extended leave or excessive single days, the Company may 
require the employee to provide specific evidence for future leave. 

 
11.1.7. Parental Leave 
The Tomago Paid Parental Leave Policy applies to employees covered by this Agreement. Any 
changes to the benefits contained within this policy shall be undertaken following consultation 
with the Union(s). 
11.2. Compassionate Leave - Bereavement 
(1) An employee is entitled to 48 hours paid compassionate leave per occasion on the death of  

a current spouse / defacto spouse, child or parent as defined in 11.1.6 
(2) An employee is entitled to 24 hours paid compassionate leave per occasion on the death of 

a member of the employee’s immediate family / household as defined in clause 11.1.6 
 
11.3. Compassionate Leave – Serious Illness or Injury 
(1) An employee is entitled to 24 hours of compassionate leave for each occasion when a 

member of the employee’s immediate family or a member of the employee’s household, as 
defined in 11.1.6: 

(a) contracts or develops a personal illness that poses a serious threat to his or her life; 
or 

(b) sustains a personal injury that poses a serious threat to his or her life; and 
(c) the employee is to spend time with the person who has contracted or developed the 

personal illness, or sustained the personal injury. 
 
11.3.1. Death Outside of Australia 
An employee will be entitled to a further period of compassionate leave of one shift in addition 
to compassionate leave specified in clause 11.2 if: 

(a) A member of the Immediate family / household dies outside Australia, and 
(b) The employee travels overseas to the funeral. 

 
11.3.2. Evidence Requirements for Compassionate Leave 
The Company may require that the employee provide satisfactory evidence (medical 
certificate, statutory declaration, death or funeral notice) stating that a family member or a 
member of the employee’s household has a personal illness or injury that poses a serious 
threat to his or her life, or has passed away. 

 
 

11.4. Annual Leave 
 
11.4.1. Period of Leave 
(1) A Dayworker or Non-continuous shiftworker will become entitled to a period of 152 hours 

paid annual leave upon completing 12 months continuous service less the period of annual 
leave. 








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(2) A Continuous shiftworker will become entitled to a period of 190 hours paid annual leave 
upon completing 12 months continuous service less the period of annual leave. 

(3) A Dayworker or Non-Continuous shiftworker will become entitled to have his or her annual 
leave entitlement increased by 0.73 (without loss of ordinary pay) hours for each complete 
week that he or she is engaged as a continuous shiftworker if: 

(a) he or she has 12 months continuous service, and 
(b) has been engaged as a continuous shiftworker for a minimum of 4 weeks in a 12 

month period. 
 
11.4.2. Continuity of Service 
(1) An employee's service will be regarded as being continuous despite any of the following: 

(a) any Company decision or interruption to an employee’s employment which has been 
made with the intention of avoiding any obligations under this Clause, or 

(b) any absence from work as a result of personal sickness, accident or where the 
employee has a reasonable cause, or 

(c) any leave which is lawfully granted by the Company. 
(2) An employee's service will only remain continuous under the following conditions: 

(a) An employee provides proof for any absence specified in clause 11.1 (Personal / 
Carers Leave), Clause 11.2 (Compassionate Leave - Bereavement) and Clause 11.3 
(Compassionate Leave - Serious Illness or Injury) 

(b) An employee must provide the same standard of notice as prescribed in clause 11.1 
(Personal / Carers Leave) if he or she is absent due to personal sickness, or an 
accident, or an absence for which the employee has a reasonable cause.  

(c) An employee will not be regarded as breaking his or her continuity of service unless 
the Company has notified the employee in writing that his or her continuity of service 
has been broken either during the employee’s absence, or within 14 days of the 
employee resuming work 

(d) The Company may provide an employee with notice that his or her continuity of service 
has been broken by delivering it to the employee personally, or by posting it to the 
employee’s last recorded address (in this case the notice will be regarded as having 
reached the employee in the post) 

(e) Any absence specified in this clause will not be used in calculating a period of 12 
months continuous service if this absence is less than 14 consecutive days. 

 
11.4.3. Time of Taking Leave 
Both the Company and employees must observe the following conditions on the time of taking 
annual leave: 

(a) The Company may specify a time for annual leave to be taken. 
(b) An employee must take his or her annual leave within 6 months from the date that his 

or her annual leave has accrued. 
(c) The Company must give an employee at least 4 weeks notice of the date to take annual 

leave. 
(d) The Company will provide suitable rosters for the purpose of arranging annual leave. 








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11.4.4. Taking Annual Leave in Advance 
(1) The Company may allow an employee to take annual leave before it is accrued through a 

period of continuous service.  This employee will not begin to accrue annual leave until he 
or she has accumulated an accrual to the value of the leave taken. 

(2) The Company may deduct from an employee’s termination payment an amount equal to any 
payment made for annual leave taken in advance if: 

(a) An employee is terminated or leaves his or her employment, and 
(b) He or she did not accrue this leave entitlement through a period of continuous 

service. 
 
11.4.5. Payment In Lieu Of Annual Leave 
(1) An employee will not accept or be given payment in lieu of annual leave except as specified 

in clause 11.4.12 (Proportionate leave on termination). 
 
11.4.6. Annual Leave Flexibility 
(1) An employee may take annual leave consistent with business needs in either one, two, three, 

or four separate periods. 
(2) An employee may also, with the consent of the employer, take short term annual leave for 

special circumstances not exceeding 5 single days in any anniversary year. 
(3) Daywork employees will be able to accrue an extra 1 week (38 hours) hours annual leave in 

a year under the following conditions: 
a) Approval of the Maintenance Manager will be required in writing. 
b) Employees with excess leave will not be allowed to apply for or continue with this leave 

provision. 
c) Payroll is to be formally notified by 30th June by the employee. 
d) The employee’s annual salary will be reduced by 38 hours at the TSIP rate and accrue 

38 hours annual leave at the TSIP rate over the 12 month period 1st July to 30th June. 
e) The arrangement will remain in place until cancelled.  Cancellation can only occur in 

June each year to become effective on 1st July. 
 
11.4.7. Reimbursement of Annual Leave 
An employee will be entitled to have a period of absence restored to his or her annual leave 
credit under the following conditions: 

(a) If the period during which an employee takes paid annual leave includes a period of 
other leave (other than unpaid parental leave), sick, carers, compassionate, 
bereavement,  jury service, emergency services, the employee is taken not to be on 
paid annual leave for the period of that other leave or absence; 

(b) The leave must be at a time when the employee would have been rostered to work if 
not on annual leave; 

(c) The employee must produce satisfactory evidence for the leave; and 
(d) The employee must claim the appropriate leave when he or she resumes work; and 








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(e) The employee must return to work on the due date unless: 
(i) The illness or other leave continues; or 
(ii) The Company agrees that the period of annual leave should be extended 

 
11.4.8. Public Holidays When on Annual Leave 
An employee will have an 8 hour day added to his or her annual leave entitlement, or be paid 
for 8 hours in lieu of having a day added to his or her annual leave entitlement at the ordinary 
rate if: 

(a) a Public Holiday specified in clause 11.6.1 and clause 11.6.6 falls within an 
employee's period of annual leave, and 

(b) the Public Holiday is observed on a day which would have been an ordinary working 
day for that employee, unless the Public Holiday is observed on a Saturday or 
Sunday. 

 
11.4.9. Calculation Of Annual Leave 
An employee's period of annual leave will be calculated by rounding to the nearest day. 
 
11.4.10. Calculation of a Month 
A period of one month will be calculated by the same method used in the following example 
Example. One month means: 
Start of the working day on the 26th of April to the start of working day on the 26th of May. 
 
11.4.11. Payment for Annual Leave 
(1) All accrued and future annual leave taken during service and on termination will be paid at 

the employee’s Stable Income Plan rate.  Annual leave loading has been included in the 
calculation of The Stable Income Plan rate and is paid proportionally each fortnightly salary. 

(2) The Company will pay an employee an amount specified in the table below for annual leave 
in the following way: 

(a) During employment, at the normal pay cycle, or  
(b) On request, as a lump sum prior to starting that annual leave, or 
(c) A lump sum prior to his or her employment being terminated. 

 
A Dayworker or Non-
Continuous shiftworker 

The TSIP rate and a loading of 20% of the amount paid for 
annual leave as prescribed in clause 11.4.1. 

A Continuous Shiftworker 

The TSIP rate and the greater of the following amounts: 
 a loading of 20% , or 
 shift allowances, including Saturday and Sunday penalty 

rates. 
 








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11.4.12. Proportionate Leave on Termination 
An employee will receive a pro rata annual leave entitlement for each completed month of 
service if the employee leaves his or her employment after 1 month continuous service and 
before 12 months continuous service has been completed. 
 

TYPE OF EMPLOYEE ENTITLEMENTS 

A Dayworker or Non-
Continuous Shiftworker. 

12.67 hours at his or her ordinary rate for each completed 
month of service plus 20% leave loading on accrued annual 
leave hours. 

Continuous Shiftworker. 
15.83 hours for his or her ordinary rate for each completed 
month of service plus 20% leave loading on accrued annual 
leave hours. 

An employee on 
Continuous Shiftwork for 
part the period. 

12.67 hours for his or her ordinary rate for each completed 
month of service plus an additional 3.166 hours for every 
completed month as a Continuous Shiftworker plus 20% leave 
loading on accrued annual leave hours. 

 
11.5. Long Service Leave 
(1) Employees covered by this agreement will be entitled to the Long Service Leave conditions 

that prevail in the State of New South Wales, provided that: 
(a) All accrued and future long service leave taken during service and on termination will 

be paid at the appropriate TSIP rate. 
(b) Pro rata long service leave will be available after 7 years. 
(c) An employee may take his or her long service leave by halving the period of leave 

taken and being paid at double the TSIP rate for the duration of the leave. 
(d) After 10 years service, an employee may access their long service leave on 3 separate 

occasions.   
(2) Employees who intend to resign may take long service leave at double the time and half 

their TSIP salary for the duration of this leave. 
For the above to be accessed they must provide a letter of resignation indicating: 

(a) their intended start date for long service leave (providing no less than 2 months notice) 
(b) that they are seeking to double the duration of the long service leave absence and 

requesting payment at 50% of their TSIP rate for the duration of the leave. 
(c) stating they are resigning which will become effective on the date coinciding with the 

end of the their long service leave. 
(3) The employee’s rate of pay will be adjusted should any wage increases occur during the 

period of leave.  
(4) The commencement dates for each period of leave being by agreement between the 

employee and their Supervisor. 
(5) On request, employees can be paid their Long Service Leave as a lump sum prior to starting 

that leave. 
 








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11.6. Public Holidays 
11.6.1. Public Holiday Entitlements 
An employee will be entitled to the following holidays without deduction of ordinary pay: 
 

 New Years Day 
 Australia Day 
 ANZAC Day 
 Good Friday 
 Easter Saturday 

 Easter Monday 
 Queens Birthday 
 Labour Day 
 Christmas Day 
 Boxing Day 

 
Note: Easter Saturday is only recognised as a public holiday if worked. 
11.6.2. Substitution of Holidays 
In each of the below named holidays the dates on which the holiday actually falls will be 
deemed not to be holidays and the said holidays will be observed only on the alternate days 
specified. 

(a) Where Christmas Day falls on a Saturday or a Sunday, the following Monday and 
Tuesday will be observed as Christmas Day and Boxing Day respectively. 

(b) Where Boxing Day falls on a Saturday, the following Monday will be observed as 
Boxing Day. 

(c) Where New Year's Day falls on a Saturday or on a Sunday the following Monday will 
be observed as New Year's Day. 

(d) Where ANZAC Day falls on a Saturday or on a Sunday the following Monday will be 
observed as ANZAC Day. 

 
11.6.3. Newly Gazetted Holidays 
All employees under this agreement will observe any additional holidays which are proclaimed 
or gazetted in N.S.W if: 

(a) the holiday is proclaimed or gazetted with the authority of the Commonwealth or State 
Governments, and 

(b) the holiday is one which is observed generally throughout the State of N.S.W. 
11.6.4. Absences Before or After Public Holidays 
Where an employee is absent from work on a working day before or after a Public Holiday, they 
will be paid for the Public Holiday, but must provide satisfactory evidence in order to be paid for 
the absence. 
11.6.5. Rostered Days Off on Public Holidays 
The Company will pay a shiftworker for each Public Holiday at his or her ordinary rate for 8 hours 
(in the same pay period that this Public Holiday occurs), or add 8 hours to his or her annual 
leave if his or her: 

(a) rostered day off falls on a Public Holiday specified in Clause 11.6.1, and Clause 
11.6.6, and 

(b) ordinary working hours include Saturday and Sunday, and 








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(c) this Public Holiday is not observed on a Saturday or Sunday. 
11.6.5.1 Annual Leave Option 

(a) Employees who elect to have their rostered off public holidays added to their annual 
leave (48 hrs) will have to notify the Payroll Department before the start of the 
financial year. 

(b) The employee’s annual salary will be reduced by 48 hours at the TSIP rate and have 
48 hours added to their annual leave. 

 
11.6.6. Tomago Aluminium Company Pty Limited Day 
Each employee will be entitled to one further day of leave for the Tomago Aluminium Company 
Pty Limited Day. The Tomago Aluminium Company Pty Limited Day will fall on the 24th 
December 2018. 
  








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PART 12 SPECIAL LEAVE - DEFENCE FORCE, JURY, BLOOD DONOR, 
EMERGENCY SERVICES, DELEGATES 

 
12.1. Make-Up Pay On Defence Force Training 
The Company will grant leave to an employee to undertake Defence Force Training under the 
following conditions: 

(a) The leave must not exceed 4 weeks in any calendar year. 
(b) The Company will; 

(i) grant this leave where this is practicable. 
(ii) make up an employee’s pay with an amount to equal the difference between his 

or her TSIP rate of pay, and the amount paid to attend this training by the 
Defence Force Reserve. 

(c) The employee must; 
(i) be a member of the Defence Force Reserve. 
(ii) submit satisfactory evidence to the Company that this training is an essential and 

normal part of his or her military training. 
(iii) provide sufficient notice of the date that this training will commence. 

 
12.2. Jury Service 
 
12.2.1. Reimbursement of Salary 
The Company will reimburse an employee, who meets the following conditions, with an amount 
equal to the difference between his or her TSIP rate and the amount paid to attend Jury Service. 

(a) Jury Service pay means an amount paid in relation to Jury Service other than an 
amount that is, or that is in the nature of, an expense-related allowance. 

(b) The Company will not use Jury Service Payments made to the employee when 
attending Jury Service on rostered days off in the calculation for reimbursement.  
These payments are to compensate the employee for attending Jury Service in their 
own time. 

 
12.2.2. Conditions of Payment 
(1) The employee must be required to attend Jury Service and is not reasonably able to attend 

for work on his or her rostered shift as a result of attending this Jury Service either: 
(a) during ordinary working hours, or 
(b) immediately following an ordinary night shift for which he or she is rostered to work, or 
(c) immediately before an ordinary afternoon shift for which he or she is rostered to work. 

(2) The employee must notify the Company of the date(s) he or she is required to attend Jury 
Service as soon as possible. 
 

(3) The employee must provide the Company with details of: 
(a) proof of his or her attendance for Jury Service, and 








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(b) the duration of attendance for Jury Service, and 
(c) the amount paid for Jury Service. 

(4) Employees working on continuous 12 hour shift rosters and are rostered to work night shift 
either prior to or following attending Jury Service will be given those shifts off and will be 
paid at their TSIP rate of pay for those shifts. 

(5) Employees absent under this clause will be covered by paid overtime if the absence 
results in the team going below agreed minimum manning levels. 

 
12.3. Blood Donor Leave 
An employee has the right to be absent from work for a maximum period of 4 hours without loss 
of pay if: 

(a) he or she is a regular blood donor, or 
(b) he or she is required to attend a recognised blood bank (other than one visiting 

Company premises) or hospital for the purpose of donating blood in emergency 
circumstances, and 

(c) he or she provides satisfactory evidence of attending the hospital or blood bank. 
 
12.4. Emergency Services Leave 
(1) An employee who is a voluntary member of an emergency management body and 

engages in an eligible emergency service activity is entitled to be absent from his or her 
employment without loss of pay for: 
(a) the time when the employee engages in the activity; and 
(b) reasonable travelling time associated with the activity; and 
(c) reasonable rest time immediately following the activity. 

(2) The employee must advise the Company of the period, or expected period, of the absence 
as soon as practicable (which may be a time after the absence has started). 

(3) If requested by the Company, the employee must give the employer satisfactory evidence 
that the absence is because the employee has been or will be engaging in an eligible 
emergency service activity. 

(4) Manning shortfalls due to employees absent under this clause will be covered by paid 
overtime if the absence results in the team going below agreed minimum manning levels. 

(5) In addition, emergency response personnel may take additional single days of annual 
leave within current entitlements for approved training. 

 
12.5. Citizenship Ceremonies 
(1) An employee may be absent from work for a period of 1 shift to attend an official Citizenship 

Ceremony to become an Australian citizen. 
(2) The employee must produce satisfactory evidence of attendance at this Citizenship 

Ceremony. 
 
 








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12.6. Delegates Training / Conference Leave 
 
12.6.1. Qualification for Leave 
(1) The employee shall be elected as an accredited representative of a union that is party to the 

Tomago Aluminium Maintenance / Trades Enterprise Agreement. 
(2) Application for leave to attend the delegates training course or conference shall be made in 

writing at least 28 days prior to the commencement of the course, outlining the training 
course title and content.  Exceptions to this will be discussed by the relevant parties. 

(3) The course content must be accredited by Trade Union Training Australia Incorporated. 
 
12.6.2. Number of Training / Conference Hours 
(1) The maximum number of training / conference hours per calendar year that will be granted 

as leave is as follows: 
(a) Where a union has less than 100 members  152 hrs 
(b) Where a union has over 100 members  304 hrs 

(2) 40 hours per delegate is the maximum amount of training / conference leave allowable per 
calendar year.  The above would also include joint training programs. 

(3) Any conflict arising from delegates attending training or a conference will be resolved 
between the Senior Delegate, Human Resources Manager, and Union Organiser (if 
required). 

(4) Exceptions to clause 12.6.2 (2) will be discussed between the relevant parties. 
 
12.6.3. Payment 
(1) Each employee on paid leave approved in accordance with this clause shall be paid at their 

TSIP rate for the hours the employee would have worked that day. 
(2) The company will grant leave for newly elected delegates to attend Job Rep 1 as soon as 

possible following election.  Newly elected delegates attending Job Rep 1 will be paid the 
value of the meal allowance, for the duration of the course, in their next pay. 

(a) No other liability will be incurred with respect to any expenses such as travel, 
accommodation and meals. 

(3) If a scheduled rostered day off falls within this period of leave, no alternative day off shall be 
substituted in lieu. 

(4) Proof of attendance at the approved course may be requested by the company. 
 
12.7. Attendance at Repatriation Centres 
The Company will make up an employee's pay to his or her TSIP rate to attend an accredited 
Repatriation Department, hospital, or similar centre under the following conditions: 

(a) The employee must be an ex-member of the armed services and attend this hospital 
or centre for the purpose of medical examination or treatment. 

(b) The employee will be paid for a maximum of 4 ordinary working hours per occasion on 
no more than 4 occasions per year. 








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(c) The employee must provide satisfactory evidence of actual attendance for this 
treatment. 

 
12.8. Support for Victims of Domestic Violence 
 
An employee who experiences an act or acts of domestic violence may apply to be granted 
special leave for the purposes of attending to related activities. Special leave is at the 
discretion of Manager – People, Safety & Environment. 
 

  








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PART 13. PART-TIME EMPLOYMENT 
The general intent of this provision is to allow part time employment for employees seeking to 
retire at a future date and to provide a mechanism for the transfer of skills. 
 
13.1. Entitlements, Hours and Roster 
At the written request of an employee and by agreement with the company, taking into account 
business considerations, that employee may work part time hours under this Agreement. 

(a) Where this occurs all existing accrued entitlements will remain banked for that 
employee as at the time of the change.  However, on commencement of part time, all 
entitlements will accrue on a pro rata basis in line with agreed hours worked. 

(b) When leave entitlements are taken, payments will be made in line with agreed hours 
worked. 

(c) The Company and the employee will agree on the hours to be worked and a roster to 
accommodate the part time work. 

 
13.2. Salary Calculation 
Employees moving to part time employment will continue to be paid an annualised salary on a 
fortnightly basis.  The TSIP rate will be converted to a pro rata of the Grade Level of the employee 
at the time of changing to part time.  This will be achieved by: 

(a) Establishing the base hours by multiplying 1981 hours by a percentage of the agreed 
hours divided by 38 

(b) Employees moving to a part time arrangement will opt out of the supplementary hours 
provisions under Part 6, (Supplementary Hours) due to the complexity of managing 
supplementary hours in a part-time work situation. 

(c) Annual leave loading will be paid pro rata based on the agreed hours. 
(d) Tool Allowance will be paid pro rata based on the agreed hours. 
(e) The Electricians Licence Allowance and the Refrigeration / Air Conditioning Allowance 

will be paid in full for employees entitled to them. 
 
13.3. Overtime 
Hours worked above the agreed hours, in any week, will be paid as overtime in accordance with 
this Agreement. 
 
13.4. Changes by Agreement 
Employees will be provided a letter outlining the changes.  Changes to agreed hours thereafter 
will be by agreement only. 
All other conditions remain in accordance with this Agreement. 
  








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PART 14: EMPLOYMENT SECURITY 
 
14.1. Employment Security 
(1) The parties recognise changes in manning levels and work practices may follow from 

implementation of the strategic plan, capital investment or general improvements in work 
organisation.  Where this occurs, it is agreed that reduced manning levels will be achieved 
wherever practicable through natural attrition, retraining, redeployment and voluntary 
redundancy. 

(2) However, vacancies matching the skills of displaced employees will not always be available. 
The parties accept that they cannot guarantee position security for individuals, but that by 
working together, they can achieve employment security. If the above procedures do not 
reach the required levels of employment, the parties will meet to discuss alternative ways 
to achieve the required levels. 

 
14.2. Voluntary Redundancy 
 
14.2.1. Application 
(1) This clause shall apply to permanent full time and permanent part time employees who 

nominate for and are accepted by the Company for voluntary redundancy. 
(2) This clause shall not apply to apprentices, trainees, casual employees and employees 

engaged for a fixed term or task. 
(3) This clause shall not apply in the following circumstances:-  

(a) on resignation by the employee, 
(b) where termination of employment occurs other than in circumstances set out in 

clause 14.2.2 below, 
(c) on termination of employment through normal retirement or early retirement, 
(d) in the event of continuing absence of an employee due to extended illness, or 
(e) when an employee is offered reasonable alternate duties. 

 
14.2.2. Definition of redundancy 
"Redundancy" means a situation where an employee is employed: 

(a) in work of a particular nature that is no longer required to be performed, or 
(b) in a team or workgroup where the collective work is reduced or reallocated and there 

is insufficient work for the whole of the group, and 
(c) alternative work for the employee is not offered or available, and  
(d) the employee’s termination will represent a net workforce reduction of one. 

 
14.2.3. Voluntary redundancy package 
(1) Employees who are terminated as a result of voluntary redundancy shall be eligible to 

receive only the following entitlements: 
 
 








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Component Entitlement TSIP Rate of Calculation  
Notice on 
termination 

4 weeks’ notice (to be worked) or 
pay in lieu. 
5 weeks’ notice (to be worked) or 
pay in lieu if 45 or over and 2 
years or more service 

TSIP Rate applicable to roster and 
grade 
 

Years of 
Service 
 

(maximum of 80 weeks) 
4 weeks for each completed year 
of service 
Pro-rata payment for each 
completed month above each full 
year of service  
 

TSIP Rate applicable to roster and 
grade  

Long 
Service 
Leave 

Pro-rata Long Service Leave as 

per the provisions of the NSW 

LSL Act 1955 and provisions of 

this Agreement 

 

TSIP Rate applicable to roster and 

grade 

Annual 
Leave and 
Annual 
Leave 
Loading 

Paid as accrued to date of 

termination. 

TSIP Rate applicable to roster and 

grade  

 

 

Super- 
Annuation 

As per fund entitlements As per fund entitlements 

 
(2) In applying the entitlements above, the status of an employee as a day worker or shift 

worker will be determined according to their pay status at the date of acceptance by the 
Company of the employee for voluntary redundancy. 

(3) A shiftworker transferred to daywork in anticipation of voluntary redundancy will be entitled 
to retention of shiftwork rates in accordance with Clause 4.11. 

 
14.2.4. People support program 
The Company will offer a People Support Program to assist all employees with change. This 
service will be determined by the Company in respect to its format, venue, duration and 
delivery. 
  








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PART 15: THE DISPUTES SETTLEMENT PROCEDURE 
 
15.1. Disputes Settlement Procedure 
(1) All parties must utilise the disputes settlement procedure specified in the table below to: 

(a) confer and identify the facts; 
(b) resolve the issue at the lowest level wherever possible; 
(c) the parties agree that Fair Work Commission will be utilised when required as part of 

the Dispute Settlement Procedure; and 
(d) Fair Work Commission  may only assist the parties in relation to issues concerning 

this Agreement, the National Employment Standards or, where both parties agree, in 
relation to matters outside of this agreement; 

(e) Where an issue is referred to Fair Work Commission the parties agree that Fair Work 
Commission may undertake conciliation and direct negotiation. The parties agree that 
Fair Work Commission may make recommendations and directions as part of the 
dispute settlement process and agree to abide by any recommendations and 
directions made. 

(2) The process below defines the steps and includes, but is not limited to, the personnel 
typically involved: 

 
Step 1 Employee & Supervisor  
Step 2 Employee, the Employee’s representative of choice, Supervisor and 

Maintenance HR representative. 
Step 3 As Above plus Superintendant. 
Step 4 As Above plus Maintenance Manager and Human Resources BU 

representative. 
Step 5 Employee, Employee’s representatives/advocates of choice, CSC 

representative, Maintenance Manager and Human Resources Manager. 
Step 6 Fair Work Commission. 

 
(3) Both the Company and the Employee have a right to be represented by a person of their 

choice at any stage of the dispute resolution procedure. 

 
15.2. Disputes Procedure Conditions 
(1) All parties to this agreement must utilise this process to consult together to settle a matter 

without loss of pay or production under the following conditions: 
(a) the principle of discussion, conciliation and negotiation will be adopted for the 

purpose of prevention and settlement of any industrial dispute that may arise. 
(b) all parties must take an early and active part in discussion and negotiation to prevent 

or settle disputes in accordance with this procedure. 
(c) each stage of this procedure must be undertaken with a view to understanding and 

endeavouring to solve the issue within a reasonable time frame as agreed to by the 
parties. 








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(d) at any stage, the make up of participants at any step in the procedure may be altered 
in order to facilitate resolution of the dispute. 

(e) an employee must continue to perform work as he or she would normally unless he or 
she has a reasonable concern about an imminent risk to his or her health or safety; 

(f) the dispute will be jointly documented using the company’s dispute management 
system. 

(2) In the case where a safety issue / or the carrying out of specific work is being disputed the 
supervisor is responsible for making a decision as to whether or not the job in question can 
be put on hold, pending a conference.   In making the decision the supervisor must take into 
account: 

(a) the safety of the crew, and 
(b) essential needs of the operation. 

(3) This in no way reduces the obligation for each individual employee to take responsibility for 
their own safety. 

(4) The parties agree that they will abide by the outcomes of the disputes procedure. 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  








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PART 16: LEAVE RESERVED 
 
Leave is reserved to the AMWU regarding the classification of “boilermaker”. 
 
  








Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 

PART 17: SIGNATORIES 

The Unions and Company accept and agree to the conditions of this Agreement. 

Signed for and on behalf of Tomago Aluminium Company Pty Ltd. 

Ben Cook 

Signature of Authorised Person 

Human Resource Superintendent 

Office Held 

638 Tomago Road 

Tomago 

NSW2322 

Address 

Page 79 


Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 PART 17: SIGNATORIES The Unions and Company accept and agree to the conditions of this Agreement. Signed for and on behalf of Tomago Aluminium Company Pty Ltd. Ben Cook Signature of Authorised Person Human Resource Superintendent Office Held 638 Tomago Road Tomago NSW 2322 Address Page 79




 



Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 

Signed for and on behalf of The Automotive, Foods, Metals, Engineering and Printing and Kindred 
Industries Union (AMWU). 

&lc_vEN tv\u~'P-1---\Y 

GT~l£ SEb::::ETAB-1 
Office Held 

Address 

Page 80 


Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 Signed for and on behalf of The Automotive, Foods, Metals, Engineering and Printing and Kindred Industries Union (AMWU). lef autoinPerson STEVEN MURPHY STATE SECRETARY Office Held 133 PARRAMATTA ROAD GRANVILLE NSW 2142 Address Page 80




 



Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 

Signed for and on behalf of The Communications, Electrical, Electronic, Energy, Information, Postal, 
Plumbing and Allied Services Union (CEPU). 

Signature of Authorised Person 

Office Held 

) /070 f.~( ft 

_ SyJ,7 1\J\u :Jroo 

Address 

Page 81 


Tomago Aluminium Maintenance / Trades Enterprise Agreement 2018 Signed for and on behalf of The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU). Signature of Authorised Person Secretary Office Held 5/370 Pitt St Sydney NSU 2000 Address Page 81




 



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Page 82 

Annexure 1 – Model Consultation Clause 
 
Model consultation term 
 

1. This term applies if the employer: 
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 
 

2. For a major change referred to in paragraph (1)(a): 
a. the employer must notify the relevant employees of the decision to introduce the major 

change; and  
b. subclauses (3) to (9) apply. 

 
3. The relevant employees may appoint a representative for the purposes of the procedures in this 

term. 
 

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 employer of the identity of the representative;  

the employer must recognise the representative. 
 

5. As soon as practicable after making its decision, the employer 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 employer 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 

ii. information about the expected effects of the change on the employees; and 
iii. any other matters likely to affect the employees. 

 
6. However, the employer is not required to disclose confidential or commercially sensitive 

information to the relevant employees. 
 

7. The employer must give prompt and genuine consideration to matters raised about the major 
change by the relevant employees. 








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8. If a term in this agreement provides for a major change to production, program, organisation, 
structure or technology in relation to the enterprise of the employer, the requirements set out in 
paragraph (2)(a) and subclauses (3) and (5) are taken not to apply. 
 

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 employer’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. For a change referred to in paragraph (1)(b): 
a. the employer must notify the relevant employees of the proposed change; and 
b. subclauses (11) to (15) apply. 

 
11. The relevant employees may appoint a representative for the purposes of the procedures in this 

term. 
 

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 employer of the identity of the representative; 

the employer must recognise the representative. 
 

13. As soon as practicable after proposing to introduce the change, the employer 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 employer reasonably believes will be the effects of the 

change on the employees; and 
iii. information about any other matters that the employer 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). 

 
14. However, the employer is not required to disclose confidential or commercially sensitive 

information to the relevant employees. 








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15. The employer must give prompt and genuine consideration to matters raised about the change 
by the relevant employees. 
 

16. In this term: 
 
relevant employees means the employees who may be affected by a change referred to in 
subclause (1). 

Cases cited by this decision: