Opal Australian Paper Enterprise Agreement 2020 - 2023 Maryvale Mill Mechanical Maintenance and Engineering Store

1

Fair Work Act 2009 
s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper
(AG2020/3074)

OPAL AUSTRALIAN PAPER ENTERPRISE AGREEMENT 2020 - 2023 

MARYVALE MILL MECHANICAL MAINTENANCE AND

ENGINEERING STORE

Manufacturing and associated industries

COMMISSIONER MCKINNON MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Opal Australian Paper Enterprise Agreement 2020 - 2023 
Maryvale Mill Mechanical Maintenance and Engineering Store.

[1] Application has been made by Paper Australia Pty Ltd t/a Opal Australian Paper for 
approval of a single enterprise agreement known as the Opal Australian Paper Enterprise 
Agreement 2020-2023 Maryvale Mill Mechanical Maintenance and Engineering Store (the 
Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
9 November 2020. The nominal expiry date of the Agreement is 1 September 2023.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and 
Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 
and the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE509418  PR724167

[2020] FWCA 5842

DECISION
FairWork 

Commission 


AUSTRALIA FairWork Commission

OF THE FAIR WORK MMISSION THE SEAL OF THE










20180964_3732577v3 

 

Opal Australian Paper Enterprise Agreement 

2020 – 2023 Maryvale Mill Mechanical 

Maintenance & Engineering Store 

 

 
 

 

 

 






  



 

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TABLE OF CONTENTS 

 
 
1. Title 3 
2. Relationship to Award 3 
3. Area and Incidence of Agreement 3 
4. Scope of Agreement 4 
5. Operating Date and Term of Agreement 4 
6. Objectives of the Agreement 4 
7. Definitions 5 
8. Contract of Employment 6 
9. Termination of Employment 9 
10. Standing Down of Employees 10 
11. Classification/Career Paths 10 
12. Training 11 
13. Wage Rates 12 
14. Wage Increases 12 
15. Leading Hand, Team Leader, Planner and higher duties 12 
16. Allowances 12 
17. Payment of Wages 14 
18. Shift Work 14 
19. Hours of Work - Dayworkers 14 
20. Rest Time 17 
21. Overtime 18 
22. Sunday Work 23 
23. Meal Breaks and Allowances 24 
24. Annual Leave 25 
25. Personal/Carers Leave (Including Sick Leave) 28 
26. Establishing an attendance culture 28 
27. Long Service Leave 31 
28. Unpaid Parental Leave 32 
29. Special Leave 33 
30. Jury Service 33 
31. Community Service Leave 33 
32. Public Holidays 33 
33. Grievance and Dispute Settlement Procedure 36 
34. Corrective Behaviour Procedure 39 
35. Consultation about Change 44 
36. Accident Pay 45 
37. Journey Accident Insurance 46 
38. Safe Systems of Work 46 
39. Security of Employment 47 
40. Contractors 47 
41. Redundancy 50 
42. Superannuation 53 
43. Other 53 
44. Workplace Flexibility 55 
Appendix "A" 59 
Appendix "B" 61 
Appendix "C" 64 
Appendix "D" 66 
Appendix "E" 73 
Appendix "F" 78 
Appendix "G" 83 
 
  


Opal




 



 

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Opal Australian Paper Enterprise Agreement 2020 - 2023 
Maryvale Mill Mechanical Maintenance & Engineering Store 

PART 1 -  INTRODUCTION 

1. TITLE 

This Agreement shall be known as the Opal Australian Paper Enterprise Agreement 2020 – 
2023 Maryvale Mill Mechanical Maintenance and Engineering Store. 

2. RELATIONSHIP TO AWARD 

2.1 The “Pulp and Paper Industry (Maintenance and Services) Award 2003” (Award) 
as it stood at 1 March 2006 shall be incorporated into and read in conjunction 
with this Agreement. Where any dispute arises about how the provisions of this 
Agreement are to apply, the provisions of the Award will be used as a guide in 
the interpretation and application of this Agreement. 

2.2 Where there is any inconsistency between an express provision of this 
Agreement and a provision in the Award, the provisions of this Agreement shall 
prevail to the extent of any inconsistency. 

2.3 The National Employment Standards (NES) applies at all times to employees 
covered under this Agreement.  Where there is an inconsistency between this 
Agreement and the NES, the more beneficial term to the employee will apply to 
the extent of the inconsistency.  Where the NES is varied to provide a benefit 
higher than that contained in the Agreement, the NES shall apply to the extent of 
the inconsistency.  

3. AREA AND INCIDENCE OF AGREEMENT 

3.1 The provisions of this Agreement, which includes Appendices “A” to “G”, shall 
operate at Opal Australian Paper’s Maryvale Mill and will apply to all Mechanical 
Maintenance and Engineering Store employees covered by the classification 
structure in Appendix D to this Agreement. 

3.2 This Agreement shall cover: 

3.2.1 Paper Australia Pty Ltd trading as Opal Australian Paper (Company) 
(ABN 63 061 5835 33);  

3.2.2 Automotive, Food, Metals, Engineering, Printing and Kindred 
Industries Union “known as the Australian Manufacturing Workers 
Union”; 

3.2.3 United Workers Union; and 

3.2.4 Opal Australian Paper Employees covered by the classifications in 
this Agreement (Employees).   

3.2.5 It does not cover Staff Positions.  








 

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4. SCOPE OF AGREEMENT 

4.1 This Agreement covers the parties specified in clause 3.2 for the purpose of 
manufacturing pulp and paper at the Maryvale Mill including all those associated 
processes and procedures required to be performed to meet all required 
standards and qualities of production for the classifications contained in this 
Agreement. 

5. OPERATING DATE AND TERM OF AGREEMENT 

This Agreement shall come into effect 7 days after the date the Agreement is approved 
by the Commission and shall expire on 1 September 2023. 

6. OBJECTIVES OF THE AGREEMENT 

6.1 The parties mutually commit to take positive action to improve trust and 
relationships during the life of this Agreement. 

6.2 The parties accept that long-term viability of Maryvale Mill requires that the Mill 
capacity is optimised to produce high quality pulp and paper to meet the 
customer’s requirements at a competitive cost structure. 

6.3 The parties will participate in consultative mechanisms to understand the Mill's 
business and operating situation.  Productivity indicators to monitor progress 
towards internationally competitive objectives have been identified through 
appropriate Maintenance Measures. 

6.4 The parties agree to recommend and participate in methods of communicating 
this information to all Maryvale personnel. 

6.5 Outcomes of these objectives are to. 

6.5.1 Promote a safe, profitable and successful business; 

6.5.2 Maximise the efficiencies of the business; 

6.5.3 Reduce total operating costs over the life of this Agreement; and 

6.5.4 To become and remain the supplier of choice for paper products. 

6.6 To achieve these outcomes employees commit to behave as follows: 

6.6.1 To protect their own safety and the safety of all other employees; 

6.6.2 To cooperate with initiatives designed to increase flexibility, 
responsiveness and continuous improvement; 

6.6.3 Take accountability for their own actions; 

6.6.4 Actively encourage and make productive workplace change; 

6.6.5 Ensure they perform work consistent with Engineering Standards and 
the Company’s quality standards. 

6.6.6 To support the Maintenance Strategy and Maintenance Improvement 
Plans by actively participating in, on an ongoing basis, more 
predictive and proactive maintenance methods, procedures and 








 

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processes and contributing to reduce reactive and unplanned 
maintenance down to bench mark levels. 

7. DEFINITIONS 

“Act” means the Fair Work Act 2009 (as amended). 

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight. 

“By agreement” means where following consultation the parties have common views. 

“Child” means an employee’s child, or can include an adopted child, a step-child, an ex-
nuptial child or an adult child. 

“Company” means Opal Australian Paper 

“Commission” means the Fair Work Commission. 

“Continuous Shiftwork” means work carried on with consecutive shifts throughout the 24 
hours of each day of the week (168 hours) on a roster arrangement which requires 
employees to work on any day of the week including Saturdays, Sundays and Public 
Holidays without interruption except for breakdowns, meal breaks, general overhaul or 
stoppages due to causes beyond the control of the Company and a Continuous Shiftworker 
is an employee who works this arrangement. 

“Day Shift” means any shift commencing on or after 6.00 a.m. and finishing not later than 
6.00 p.m.  

“Day Work” means work commencing on or after 6.00am and finishing not later than 6.00pm 
on a non-rotating basis and a Dayworker is an employee who works this arrangement. 

“Essential Work” is work that is agreed upon by the Company and the Unions to be deemed 
essential. 

“Immediate family” means: 

 A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the 
employee; or 

 A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of 
the employee. 

“Medical Certificate” means a certificate signed and issued by a medical  practitioner 
registered in Australia that is not back-dated, and is issued by a practitioner relevant to the 
medical condition. 

“Night Shift” means any shift finishing after midnight and not later than 8.00 a.m. 

"Overtime Hourly Rate" means 1/35th of the weekly rate as set out in Appendix D. 

“PIAWE” represents the Pre Injury Average Weekly Earnings of the employee as defined in 
the Workplace Injury Rehabilitation and Compensation Act 2013 (Victoria). 

“Registered Health Practitioner” means a registered health practitioner that can only issue 
a medical certificate in relation to the area of practice in which the practitioner is registered 
or licensed by that state law. 








 

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“Shift Worker” is an employee who is engaged in work that is carried on for two or more 
shifts during five or more days per week, or one who works any day, afternoon or night shift 
as defined. 

“Spouse” includes a former spouse and de facto partner includes a former de facto partner. 

"Staff Positions" means the position of Maryvale Maintenance Manager, Maintenance 
Manager Pulp, Maintenance Manager Paper, Central Engineering Manager, Maintenance 
Manager Planning, Manager Capital Projects, Power & Recovery Superintendent (all roles 
with this title), Staff Planner (M5, Power & Recovery), On Run Scheduler, Electrical and 
Automation Manager, Engineer (all roles with this title), Specialist High Voltage (HV) ENG 
SESO, Engineering and Records Administration Officer, Reliability Technician, Technical 
Officer PBS 1V, Maintenance Facilitator, Administration Officer Capital Projects, Asset 
Project Manager Power & Recovery, Engineering Manager-Capital Projects. 

“Statutory Declaration” has the meaning of a legal document. 

"Tradesperson" is an employee covered by the Tradesperson classifications or Continuous 
Shift Worker Tradesperson classifications set out in Appendix D. 
 

PART 2 -  EMPLOYMENT 

8. CONTRACT OF EMPLOYMENT 

Terms and Conditions 

8.1 Employees shall be engaged by the week, either permanently (Clause 8.6), 
limited term (Clause 8.9), or Part-time (Clause 8.8), except in the case of a 
casual employee (Clause 8.7). 

8.2 An employee shall initially be engaged on a three month probationary period.  
During or at the end of the probationary period, either party may decide to 
terminate the employment with one week’s notice. 

8.3 The Company may direct an employee to carry out duties and use tools and 
equipment as may be required, and are within the employee's skill, competence 
and training, provided such directions are safe, efficient, logical and legal.  

8.4 The Company and Employees are committed to a safe work environment with 
every employee having an obligation to at all times behave in a safe manner, be 
safety conscious for workmates and others, and take personal responsibility for 
their fitness for work. 

8.5 Employees are required to: 

8.5.1 Wear and use protective clothing, tools and equipment (including 
safety equipment) as required.  

8.5.2 Be responsible for their personal safety at the workplace. 

8.5.3 Comply with safe systems of work. 

8.5.4 Present fit for work at all times.  








 

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8.5.5 Maintain all necessary qualifications, certificates, permits, and 
licenses to enable them to fulfil their duties. 

8.5.6 Provide instruction to other employees in their work area, 
classification or area of competence. 

8.5.7 Learn any job or skill within their classification as required by the 
Company for future career development. 

8.6 Weekly Employment 

 
Employment shall be engaged by the week unless engaged as a Casual. 

8.7 Casual Employment 

8.7.1 A casual employee is one specifically employed as a casual or 
employed on a casual basis. 

8.7.2 The employment of a casual employee may be terminated at any 
time without notice. 

8.7.3 A casual employee shall be paid twenty five per centum (25%) more 
than the rate prescribed in Appendix D for the particular 
classification. 

8.7.4 Except clause 41 and all clauses contained in Part 6 – Leave and 
Holidays, all other provisions of this Agreement shall apply to casual 
employees. 

8.7.5 Unless the employees absent themselves without leave, a casual 
employee instructed to report for duty shall be paid for not less than 
four hours work. 

8.7.6 A casual employee, whose employment is terminated through no 
fault of their own before the usual ceasing time for the relevant day or 
shift, shall be paid as though that employee had continued working 
until such ceasing time. 

8.8 Part-time Employment 

8.8.1 A part-time employee may be engaged on the following terms and 
conditions:- 

8.8.2 Part-time employment shall not be offered without consultation with 
the parties covered by this Agreement. 

8.8.3 A part-time employee shall be paid for each hour worked calculated 
on the ordinary hours of a full time employee at the time of working 
and the full time employee's weekly wage prescribed by this 
Agreement for the classification performed by that employee plus 
10%. 

8.8.4 A part-time employee shall otherwise receive the same terms and 
conditions as a full time employee on a pro rata basis. 








 

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8.8.5 Before commencing part-time employment, the employee and the 
Company must agree in writing: 

 
a) on the hours to be worked by the employee, the days on which 

they will be worked and the commencing and finishing times for 
the work; and 
 

b) on the classification applying to the work to be performed in 
accordance with Appendix D. 

8.8.6 The terms of the agreement in this sub-clause may be varied by 
consent in writing. 

8.8.7 The agreement under this sub-clause or any variation to it under this 
sub-clause must be retained by the Company and a copy of the 
agreement and any variation to it must be provided to the employee 
by the Company. 

8.8.8 Except as otherwise provided in this Agreement, a part-time 
employee must be paid for the hours agreed on in accordance with 
clauses 8.8.5 and 8.8.6. 

8.8.9 A part-time employee who is required by the Company to work in 
excess of the hours agreed under clauses 8.8.5 and 8.8.6 must be 
paid overtime in accordance with clause 21 - Overtime. 

8.9 Limited Term Employment  

8.9.1 A limited term employee may be engaged on the following terms and 
conditions:  

8.9.2 Limited term employment shall not be offered without consultation 
between the parties covered by the Agreement. 

8.9.3 Limited Term Employment means a contract with a defined expiry 
date.  

8.9.4 The term of employment will be specified in writing to the employee. 
Clause 9.1 shall not apply where the term of employment expires by 
effluxion of time.  Where the employment is terminated otherwise 
than by effluxion of time, clause 9 will apply. 

8.9.5 Limited Term Employees may be employed to cover long term 
sickness/rehabilitation, parental leave, long service leave, training 
needs of the Company, to assist during major capital expenditure 
projects and to cover absences or other business needs. 

8.9.6 A Limited Term Employee shall receive the same wages, terms and 
conditions as a weekly paid employee of this Agreement. 

8.9.7 A Limited Term Employee who is engaged on a continuous basis for 
greater than 12 months, shall become permanent. 

8.9.8 Where a Limited Term Employee accepts an offer of continuing 
employment with the Company, continuous service as a Limited 
Term Employee will count for all purposes. 






https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000010/ma000010-52.htm#P2480_199942
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000010/ma000010-45.htm#P2192_170096


 

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9. TERMINATION OF EMPLOYMENT  

9.1 Notice of Termination by the Company 

 
In order to terminate the employment of an employee, the Company shall 
provide a period of notice as follows:  

Employee's Period of Continuous Service Period of Notice 

Up to one year 1 week 

1 year and up to completion of 3 years 2 weeks 

3 years and up to completion of 5 years 3 weeks 

5 years and over 4 weeks 

 

9.1.1 Full time employees over 45 years of age will be granted an 
additional week's notice. 

9.1.2 During the period of notice of termination given by the Company, the 
employee shall be allowed up to one day off without loss of pay 
during each week of notice for the purpose of seeking other 
employment. 

9.1.3 Upon termination of employment, wages due to an employee, 
including annual leave (plus annual leave loading) and long service 
leave shall be paid on the day of termination. 

9.1.4 The Company shall provide a written statement on the day of 
termination specifying the period of employment and the 
classification of the type of work performed by the employee. 

9.2 Payment in Lieu of Notice  

9.2.1 Payment in lieu of notice which reflects what the employee would 
have earned as rostered shall be made if the appropriate period of 
notice is not given by the Company, provided that employment may 
be terminated by part of the period of notice specified being worked 
and part payment in lieu. 

9.3 Termination of Employment by the Employee 

9.3.1 An employee shall give one weeks’ notice; this notice can be given at 
any time during the week.   

9.4 Summary Dismissal  

9.4.1 The Company has the right to dismiss an employee without notice for 
serious misconduct, and in such case, wages and other accrued 
entitlements shall be paid up to the time of dismissal only.  

9.5 Abandonment of Employment  








 

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9.5.1 The absence of an employee from work for a continuous period 
exceeding 3 working days without the consent of the Company and 
without notification to the Company will be prima facie evidence that 
the employee has abandoned their employment. 

9.5.2 Provided that, if within a period of 14 days from their last attendance 
at work or the date of their last absence in respect of which 
notification has been given or consent has been granted, an 
employee has not established to the satisfaction of the Company why 
they were absent, they will be considered to have abandoned their 
employment. 

9.5.3 An employee who is unable to notify the Company of absence due to 
unforeseen hospitalisation or similar causes, shall be given the 
opportunity to explain the reason for the absence which may lead to 
reinstatement. 

9.5.4 Termination of employment by abandonment in accordance with this 
sub-clause shall operate as from the date of the last attendance at 
work or the last day’s absence in respect of which consent was 
granted, or the date of the last absence in respect of which 
notification was given to the Company, whichever is the later. 

9.6 An employee who has their services terminated through no fault of their own 
within two weeks of commencing work shall be paid at casual rates for all time 
worked. 

10. STANDING DOWN OF EMPLOYEES 

10.1 The Company may stand down an employee after:  
 

a) any period of at least three consecutive working days during which an 
employee cannot be usefully employed because of any strike, breakdown 
of machinery or any stoppage of work for any cause for which the 
Company cannot reasonably be held responsible; or 

 
b) a period of at least one day in circumstances where an employee cannot 

be usefully employed as a consequence of a strike or other industrial 
action by employees who are covered by this Agreement. 

10.2 A stand down does not break the continuity of employment of the employee for 
the purposes of any entitlements. 

 

PART 3 -  CAREER PATHS AND TRAINING 

11. CLASSIFICATION/CAREER PATHS 

11.1 The Company will implement training and development programs for all 
employees in accordance with business needs. 

11.2 The Company will develop career paths consistent with the requirements of the 
Business, as early as possible, which enables employees to be rewarded for 
their skills.  Progress on this will be the subject of three monthly meetings.  








 

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11.3 The Company may direct an employee to carry out such duties that utilise the 
employee’s skill, competency and training provided that such duties are safe, 
efficient, logical and legal. 

11.4 The Company may direct an employee to carry out such duties and use such 
tools and equipment as may be required provided that the employee has been 
properly trained and competent in the use of such tools and equipment. 

11.5 This includes the specific requirement to carry, on-site, communication devices 
including, but not limited to, radios and/or mobile phones, and to utilise them as 
directed. 

11.6 Employees within each classification will perform a wider range of duties 
including work that is incidental or peripheral to their main tasks or functions. 

12. TRAINING 

12.1 The Company will develop training plans for employees consistent with:  

12.1.1 The current and future skill needs of the Mill. 

12.1.2 The size, structure and nature of the operations of the Mill. 

12.1.3 The need to develop skills relevant to the Mill. 

12.1.4 Removal of the barriers to the utilisation of skills acquired. 

12.2 Where it has a need the Company may make available to employees 
opportunities for paid study leave to develop skills required within the industry. 

12.2.1 Payment for attendance at such study will be at single rate in normal 
time.  

12.2.2 Any costs associated with standard fees for prescribed courses and 
prescribed textbooks incurred in connection with the undertaking of 
approved training shall be reimbursed by the Company upon 
production of evidence of such expenditure and provided that the 
course has been successfully completed.  

12.2.3 Any paid study leave will require the express approval of the General 
Manager. 

12.3 Through the establishment of a site wide training committee the Company and 
the Parties covered by this Agreement will conduct six monthly reviews of 
training to meet business needs. 

12.4 Training courses may include both in-house and courses conducted by 
accredited educational institutions and providers. 

 

PART 4 -  WAGES AND ALLOWANCES 








 

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13. WAGE RATES 

Employees shall be paid the wage prescribed for the classification as set out in 
Appendix D.  

14. WAGE INCREASES  

The Company will provide Employees with the following increases over the life of the 
Agreement.  The wage increases will apply from the dates as listed below. 

 1% wage increase from 1 April 2020 and will be paid in first full pay period on or 
after this date. 
 

 Day Work Employees shall be paid 36 hours for 38 worked from 1 April 2021 
 

 2.00% wage increase from 1 April 2022 and will be paid in first full pay period on 
or after this date. 

15. LEADING HAND, TEAM LEADER, PLANNER AND HIGHER DUTIES 

15.1 An employee working temporarily as a Leading Hand, Team Leader or Planner 
or who is undertaking higher duties in an acting Staff supervisory support role 
shall be paid an additional weekly allowance or, if performing these duties for 
less than a week, an hourly allowance calculated using the ordinary hours of a 
full time employee at the time the duties are performed: 

Effective Date Leading 
Hand 

Team Leader 
and/or 

Planner  
Higher 
Duties 

1 April 2020 $221.29 $258.70 $291.03 

    

1 April 2022 $225.72 $263.88 296.85 

15.2  

Leading Hand Class Rate 

Acting Staff Supervisory/Support HD 
Team Leader and/or Planner as 
identified in the workflow process  

TL/PL 

Leading Hand LH 
 

15.3 Leading Hands may be required to function on a wider plant area basis. 

15.4 An employee permanently appointed to a role covered by this clause will have 
the weekly allowance set out in clause 15.1 apply for All Purposes. 

16. ALLOWANCES 

16.1 Recipient in Charge (RIC) 








 

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RIC payments will be made as follows: 

16.1.1 For Intermediate RIC’s, an RIC rate, will be paid as a daily allowance 
on those days for which a Tradesperson not already a Leading Hand 
carries out the task at the direction of the Company.  

16.1.2 For Advanced RIC’s, employees will be paid a daily allowance in 
addition to any allowance applicable for the Intermediate RIC level on 
those days for which a Tradesperson carries out the task at the 
direction of the Company. 

16.2 Tools and Equipment 

16.2.1 The Company shall provide tools and a tool box for employees 
consistent with the agreed list. 

16.2.2 Tradespersons shall receive a tool allowance which has been 
incorporated into the All Purpose rate for supplying and maintaining 
tools ordinarily required in the performance of their work according to 
existing procedures. 

16.2.3 This allowance shall apply to apprentices as set out in Appendix C of 
this Agreement unless tools are provided by the Company. 

16.3 Motor Allowance 

An employee who by agreement with the Company uses their own vehicle on the 
Company’s business shall be reimbursed $0.75 per km travelled.  

16.4 First Aid 

16.4.1 An employee who has been trained to render First-aid and who is a 
current holder of appropriate first aid qualifications such as a 
certificate from the St John Ambulance or similar body shall be paid 
this allowance if appointed by the Company to perform first aid duty.  
An example where this may apply is a designated Spotter while 
carrying out this function.  

16.5 General Allowance 

16.5.1 Following the de-annualisation of the Tradesman’s wage in 2009, all 
allowances which were of an annualised nature (flexibility, auto pay, 
disability allowances etc) have been absorbed into this allowance 
and have been incorporated into the all-purpose rate of pay.  In 
addition, from 2013, the Tool Allowance was also incorporated into 
the all-purpose rate of pay.  

16.6 Maryvale Maintenance Trades Allowance Table 

16.6.1 All allowances will increase by the wage increases set out in clause 
14 of the Agreement. 

 








 

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DAILY ALLOWANCES 

Effective Date 
 

RIC 
Intermediate 
Allowance 

RIC 
Advanced 
Allowance 

First Aid 

1 April 2020 $45.80 $45.80 $3.92 

    

1 April 2022 $46.72 $46.72 $4.00 

17. PAYMENT OF WAGES 

17.1 Wages shall be paid fortnightly (unless otherwise agreed) by electronic funds 
transfer into an account nominated by the employee.  

17.2 Deductions shall be made from an employee's wage for any Company approved 
purpose at the employee’s written request.  

17.3 Deductions shall be made from an employee’s wage for membership 
contributions to a union who are covered by this Agreement provided the 
employee requests the Company in writing to do so. 

17.4 The Company agrees that where there has been an under payment in an 
employee’s wages, it will be corrected within three working days.  In the event of 
an overpayment an agreement must be reached with the affected employee and 
a reasonable repayment plan put in place. 

17.5 Wages due to an employee upon termination shall be paid on the day of such 
termination, or if that is not practicable on the next working day. 

17.6 On or prior to pay day, the Company shall state to each employee in writing the 
amount of wages to which the employee is entitled, the amount of deductions 
made there from and the net amount being paid to the employee. 
 

PART 5 -  SHIFT WORK, HOURS OF WORK AND OVERTIME 

18. SHIFT WORK 

18.1 Continuous Shiftwork provisions are set out in Appendix E. 

19. HOURS OF WORK - DAYWORKERS 

19.1 The average ordinary hours of work for Dayworkers shall be thirty-five (35) hours 
per week at the commencement of this Agreement.  On 10 April 2016, a four 
day/38 hour roster was implemented where the average ordinary hours is thirty-
eight (38) per week between 6 am and 6 pm Monday to Friday inclusive, 
provided that the spread of hours herein prescribed, and the meal breaks, may 
be altered by agreement between the parties covered by this Agreement. 








 

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19.2 35 for 38 roster profile and from 1 April 2021 the 35 becomes 36 for 38 roster 
profile. 

19.3 The Company acknowledges that under the previous Australian Paper 
(Enterprise) Agreement 2013-2015 Maryvale Mill Mechanical Maintenance & 
Engineering Store, the work arrangements for Dayworkers were as follows: 

 35 ordinary hours; 

 RDOs and SDOs; 

 Overtime payable after 35 ordinary hours. 

19.4 Ordinary hours for Continuous Shiftworkers were 35 hours under a continuous 
shift arrangement and Continuous Shiftworkers were paid an annualised salary. 

19.5 Employees  agree to work 38 hours but be paid for 35 hours and from 1 April 
2021 paid for 36 hours, on the basis that Dayworkers work a 4 day week. 
Accordingly, the parties have agreed that any change to this roster for 
Dayworkers or Continuous Shiftworkers will require the agreement of the parties 
or a new replacement Agreement. 

19.6 The new 38 ordinary hours 4 day per week roster for Dayworkers is to 
commence on and from 10 April 2016.  A corresponding change will apply to 
Continuous Shiftworkers on and from 10 April 2016, as set out in Appendix E, 
during the operation of the Dayworkers 38 hour/4 day per week roster. 

Continuous Shiftworkers 

19.7 The roster profile for Continuous Shiftworkers is the roster in place at the 
commencement of this Agreement. 

Dayworkers 

19.8 The thirty-eight (38) ordinary hours for Dayworkers shall be worked over a four 
day week in accordance with the roster profile set out below.   

19.9 Start times for the commencement of Day Shift under the roster profile will be 
7.00 a.m. or may be varied to between 6.00 a.m. and 7.30 a.m. as agreed by the 
majority of employees in the workplace or a section or sections of it. 

19.10 Notwithstanding any other provision of this Agreement, a change to the 38 
ordinary hours 4 day per week roster may only be made by agreement between 
the parties to this Agreement. 

19.11 The Unions covered by this Agreement must be informed by the Company of the 
intention to change the roster and be given a reasonable opportunity to 
participate in the negotiations regarding the change.  

 








 

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M T W T F S S M T W T F Hrs/wk 

A X X X X O 
  

O X X X X 

38 

hrs 

Hrs 8 10 10 10 - 
  

- 10 10 10 8 

B O X X X X 
  

X X X X O 

Hrs - 10 10 10 8 
  

8 10 10 10 - 

          

 

19.12 Rostered Days Off (RDO) / Special Days Off (SDO) 
 
This clause 19.12 shall not apply to employees working the 38 ordinary hours 4 
day per week roster. 

Dayworkers work a 72 hour fortnight made up of nine x eight hour week days.  
Employees are paid 70 hours per fortnight and two hours are accrued each 
fortnight towards a rostered SDO every eight weeks. 

RDO 

19.12.1 A major and minor roster are operated to schedule employees to 
take an RDO once per fortnight. 

19.12.2 RDOs must be taken on the allocated day unless prior arrangements 
to shift the day within the same pay fortnight have been made and 
approved by the Company. 

19.12.3 The Company may in special circumstances request an employee to 
shift his RDO. 

SDO 

19.12.4 It is intended that flexibility around SDO’s will result in reduced 
absenteeism and will provide the Company with the flexibility to plan 
shuts more effectively. 

Method of taking SDOs 

19.12.5 Special Days Off (SDO’s) shall be taken as per the roster or can be 
accrued. 

19.12.6 Rostered SDO’s will fall on Fridays. 

19.12.7 When not taken as per the roster, notification shall be given to the 
Maintenance Superintendent with at least two clear days' notice. 








 

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19.12.8 Accrued SDOs may be taken by either: 

a) Being added to annual leave, or 
 

b) At a mutually agreed time having regard to Mill shut requirements 

19.12.9 Accrued SDO’s shall be applied for on a leave form and will need 
approval from the Maintenance Superintendent before being taken.  
SDO’s may be approved at short notice taking into account business 
needs. 

Recording 

19.12.10 Accrual of SDOs (2 hours per fortnight) shall be recorded in hours in 
the payroll system and shown on the employee pay advice. 

19.12.11 SDOs may be accrued for a period of no more than two years. 

Payment 

19.12.12 Employees shall take the hours in credit for SDOs as provided in 
clause 19.12.8. 

SDOs in Advance 

19.12.13 In order to spread the taking of SDOs throughout the year an 
employee may arrange to take the current years entitlement in 
advance, in accordance with clause 19.12.8.  In such cases a debit 
shall be recorded as hours to be cancelled out as the SDO’s taken in 
advance occur. 

19.12.14 In no event will SDOs beyond the current years entitlement be 
granted. 

19.12.15 Should an employee leave the Company’s employment with an SDO 
account in debit, the outstanding amount shall be deducted from their 
entitlements. Alternatively, any credits will be paid out. 

Part Worked Weeks 

19.12.16 Where an employee has a part worked week e.g. part annual 
leave/part work, the appropriate deduction for SDOs will be made. 

Payout of RDO/SDO upon transfer to 38 ordinary hours 4 day per week roster 

19.12.17 At the commencement of the 38 ordinary hours 4 day per week 
roster on from 10 April 2016, the Company will pay to Employees in 
the first pay period after this time RDOs or SDOs accrued but 
untaken as at 9 April 2016. 

20. REST TIME 

20.1 A rest period of ten minutes shall be allowed to all employees in the first half of 
each day, at a time fixed by the Company; provided that the time of taking the 
rest period may vary at the option of the Company as agreed with the affected 
employees; and provided further that employees shall not leave the department 








 

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or section in which they are working at the time without the consent of the 
Company. 

20.2 The Company will provide reasonable facilities to enable employees to make a 
cup of tea or coffee to be taken on the job.  There will be no entitlement for an 
employee to cease work for a tea break or rest period during the second half of 
the day or shift and the taking of a cup of tea or coffee on the job will only be 
permissible where this does not interrupt work in progress. 

20.3 Cold Places 

An employee working where the temperature is below 0 degrees Celsius and 
where such work continues for more than two hours, the employee shall be 
entitled to a rest period of twenty minutes, after every two hours of work, without 
deduction of pay. 

20.4 Hot Places 

An employee working in the shade in a place where the temperature exceeds 54 
degrees Celsius and where such work continues for more than one hour, the 
employee shall be entitled to fifteen minutes rest after every one hours work 
without deduction of pay. 

21. OVERTIME 

21.1 All parties understand that the distribution of overtime to meet both Company 
and employees’ needs may result in some issues.  As a result, a review process 
will be implemented which will through periodic reviews address any concerns of 
either party.  The review panel will consist of a representative from Unions, 
delegates, relevant Area Managers and Human Resources.  

21.2 For immediate issues, the dispute resolution process outlined in clause 33 
should be followed.  

21.3 Overtime - Dayworkers 

21.3.1 For all work outside the ordinary working hours, except on public 
holidays, authorised overtime shall be paid to a Dayworker at the rate 
of double time of the Overtime Hourly Rate until completion of the 
overtime work. 

21.3.2 Provided that where a Dayworker is given notice to work overtime 
immediately following the normal hours, and that overtime is 
cancelled after the employee commences that overtime, the 
employee shall be paid a minimum of one hour at the Overtime 
Hourly Rate for that overtime. 

21.4 Overtime - All Employees 

21.4.1 An employee who returns after leaving the premises of the Company 
to work overtime when instructed to do so, or who is instructed to 
work overtime which except for meal-breaks is not continuous with 
the ordinary hours, shall be paid the rate of double time of the 
Overtime Hourly Rate for a minimum of four hours. 

21.4.2 Provided that this sub-clause shall not apply: 








 

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a) In the circumstances covered by clause 23.1.2 of this Agreement; 
 

b) To an employee who ceases work on the day concerned without 
the authority of the Company; or 
 

c) To work (of which the employee has received at least eight hours' 
notice) performed by an employee immediately preceding the 
ordinary working hours as prescribed in accordance with clauses 
19 and 1.2 Appendix E of this Agreement. 

21.4.3 Provided further that, except in the case of unforeseen 
circumstances arising, the employee shall not be required to work the 
full four hours if the work the employee was recalled to perform is 
completed in a shorter period. 

21.5 Ten hour break 
 
This provision is inserted in the interest of health and safety and not as an 
additional compensation or reward for overtime. 

21.5.1 Call ins 
 

a) An employee who commences work on a call in can only work for 8 
hours and 1 additional hour if there is a reasonable likelihood of 
completing the job. 
 

b) An employee who works overtime between termination of the work 
on one day or shift and commencement of work on the next day or 
shift, such that the employee has not had ten consecutive hours off 
duty, shall be released after completion of the work, for ten 
consecutive hours without loss of pay for ordinary working time. 
 

c) An employee who has had a ten hour break and works overtime 
which commences before and extends into a normal working day is 
required to work 8 hours.  After the completion of the 8 hours 
worked, the employee shall be released without loss of ordinary 
pay. 

21.5.2 Pre-arranged Overtime 
 

a) If overtime is arranged prior to the completion of a day or shift 
which is not continuous and that enables a ten hour break then: 

 
 Employees must be sent home by the Company to take the 

ten hour break; and 
 

 Employees must take the ten hour break 
 

b) If overtime is arranged prior to the completion of a day or shift 
which is not continuous that does not enable a ten hour break 
then employees will be paid a penalty of 4 additional hours at the 
rate of double time of the Overtime Hourly Rate. 








 

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c) An employee who has had a ten hour break and works 
prearranged overtime which commences before and extends into 
a normal working day is required to work 8 hours.  After the 
completion of the 8 hours worked, the employee shall be released 
without loss of ordinary pay.  

21.5.3 Stayback 
Overtime that commences at the completion of ordinary time will 
attract a ten hour break. 

21.6 Transport 

21.6.1 Where an employee works overtime which precludes the employee 
from using any reasonable means of transport to their home, the 
Company will provide a suitable conveyance.  The following 
conditions are to apply: 

21.6.2 Supervisors or their nominee must authorise the use of the taxi by 
ringing the switchboard. 

21.6.3 Taxis are not to be provided at normal shift change times unless 
specifically authorised by the Supervisors or their nominee. 

21.6.4 No taxis are to be provided for pre-arranged overtime. 

21.6.5 Taxis will not be provided for call-ins, they will only be provided for 
taking people home after overtime that extends the normal day and 
where alternative means of transport are not available. 

21.6.6 Pickup points are the Main Gate and the M4 Carpark Gate. 

21.7 Notification 

21.7.1 Provided that in the event of a break-down of a unit or plant, or other 
necessity to do work which could not be foreseen, the longest 
possible notification will be given. 

21.8 Reasonable Overtime 

21.8.1 Overtime shall be distributed as equitably as practicable amongst the 
employees. 

21.8.2 The Company may require any employee to work reasonable 
overtime at overtime rates, and such employee shall work overtime in 
accordance with such requirement. 

21.8.3 Provided further that the Company shall not require more than a 
reasonable amount of overtime work from any employee during 
weekends and on public holidays. Where overtime is required the 
Company would expect coverage by members of the designated 
work group. 

21.8.4 Designated work groups will be as follows:  

 
 Power/Recovery & Central Mechanical Workshop 








 

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 Fibrelines, Central Electrical/Instrumentation & PMO group 
 Paper (M1/M2, M3, M4/Waste Paper, M5, Fin/Converting) & Roll 

Overhaul Shop 
 Garage, Engineering Store, Boilermakers, Machine Shop & 

Plumber are all stand alone 

21.8.5 It will be expected that all overtime in these areas will meet business 
needs and promote ownership and teamwork. 

21.8.6 Employees assigned to areas will cover overtime on tasks in those 
areas and not across areas. When calling for overtime, business 
needs to ensure area ownership must first be met 

21.8.7 Should there be a requirement for transfer of labour across major 
areas for overtime purposes this shall be approved by the Area 
Supervisor/Manager.  

21.9 Commitment 

21.9.1 Employees will be required to commit to: 
 

a) Working during week-ends and on any of the public holidays 
specified in clause 32 of this Agreement.  There will be a 48-hour 
shut at Christmas time during which one other public holiday will 
be taken in conjunction with Christmas day (25th December).  
Work on these days will be of a voluntary nature. 
 

b) That employees will co-operate to ensure that weekends and 
overtime work will spread over the greatest number of employees. 

21.10 Christmas Work 
 

a) For the purpose of this clause the Christmas period commences at midnight 
on the 24th December and ceases at midnight on the 26th December. 
 

b) If an employee is called in to work on operating plant for Maintenance 
purposes on Christmas or Boxing Day then that employee is entitled to the 
normal call in arrangements (9 hours for the first hour) and then shall be paid 
double time of the Overtime Hourly Rate for the remainder of a minimum 
eight hour call plus the bonus payment of $128 per hour actually worked. 
 

c) Shift Tradespersons are entitled to the bonus payment of $128.00 per hour 
for each hour worked within this period. 
 

d) This does not apply to essential work on a total Mill shut where normal public 
holiday penalties apply.  

21.11 General 

21.11.1 Notification will be given to provide the longest possible notice where 
practicable. 

21.11.2 To ensure that the overtime and call-in needs of the Mill are met, 
prior to the Supervisor allocating such work, employees in the area 
will have the opportunity to allocate overtime and call in requirements 








 

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through arrangements made between them.  The area Supervisor will 
only allocate the work where the employee’s proposed arrangements 
do not satisfy the business needs. 

21.12 Call-Ins 

21.12.1 The following applies to Call-ins: 

21.12.2 An employee who returns after leaving the premises of the Company 
to work overtime when instructed to do so, or who is instructed to 
work overtime which except for meal breaks is not continuous with 
his ordinary hours shall be paid a minimum of 9 hours pay, at the 
Overtime Hourly Rate, from the time of notification in respect of the 
first hour worked and double time thereafter.  

21.12.3 This clause shall not apply where: 

a) The circumstances covered by clause 23.1.2 of this Agreement; 
 

b) An employee who ceases work on the day concerned without the 
authority of the Company, or 
 

c) Work (of which he has received at least eight hours' notice) 
performed by an employee immediately preceding his ordinary 
working hours as prescribed in accordance with clause 19 and 1.2 
Appendix E of this Agreement. 

21.12.4 Such payment will be on the understanding that there will be no 
limitations placed upon attending to further jobs of an emergency 
nature whilst on the premises.  However such jobs shall not comprise 
of general maintenance work that could reasonably be postponed 
until normal working hours without affecting the safety, production or 
plant security of the Mill. 

21.13 Overtime Hours table 

21.13.1 Paid overtime hours for hours worked in accordance with this 
Agreement are shown in the table below.  There may be penalties 
incurred in circumstances other than specified below, in such cases 
paid overtime hours will be determined in accordance with this 
Agreement. 

 

Shift 
Overtime hours paid at the 

Overtime Hourly Rate 

Saturday (8 hours) 16 hours 
Saturday (12 hours) 24 hours 
Saturday or Sunday (min 4 hours) 8 hours 
Sunday (8 hours) 16 hours 
Sunday (12 hours) 24 hours 
Non Rostered Day/RDO (8 hour day) 16 hours 
Non Rostered Day/RDO (12 hour day) 24 hours 
Excessive Sundays 8 hours 








 

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Blue Friday 8 hours 
12 Midnight to 8 am 15 hours 
7pm to 7am - shift 24 hours 
7am to 7pm – day work (if working 8 
ordinary hour shift) 8 hours 
7am to 7pm – day work (if working 10 
ordinary hour shift) 4 hours 
Public Holidays (8 hour day) 12 + 8 hours 
Public Holidays (12 hour day) 22 + 8 hours 
Stayback (max 16hrs in one day) Double time 
Call in  9 hours for the first hour double 

thereafter 

 
For any Plant that requires coverage for shutting down or starting up, overtime 
outside of the overtime table above, providing the employee has had a 10 hour 
break, the employee shall work a maximum of 8 hours which can be extended to 
12 hours by Agreement. 
 
If the overtime extends into the employees normal working hours, they shall be 
released after 8 hours without loss of ordinary pay. 

If a 10 hour break ends at midday or after, the employee is not required to attend 
work for the day without the loss of ordinary pay 

21.14 Unplanned Overtime 

21.14.1 An employee, who is required to work unplanned overtime, shall 
work in accordance with clause 21.5.1c) and shall be released from 
work at the earliest opportunity without any loss of ordinary pay.  

21.15 Planned Shift 

21.15.1 An employee, who is required to work a planned shift or multiple 
shifts, shall not be required to attend for work prior to the 
commencement of that shift or multiple shifts without any loss of 
ordinary pay for that day. 

21.15.2 The employee shall be entitled to a stand down after completion of 
the shift or multiple shifts, without loss of pay for ordinary working 
time for that day. 

21.15.3 An employee is not entitled to be paid for ordinary time between 
multiple shifts. 

22. SUNDAY WORK 

22.1 An employee who is required to work overtime on Sunday shall be paid at double 
the Overtime Hourly Rate for a minimum of four hours work. 

22.2 An employee who works not less than eight hours of overtime on a Sunday and 
has worked not less than eight hours of overtime on either of the immediately 








 

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preceding two Sundays, shall be paid in respect of the first mentioned Sunday a 
special allowance (Excessive Sundays) of four hours pay at the Overtime Hourly 
Rate. 

22.3 Employees and the parties to this Agreement agree that less than eight hours 
overtime can be offered and worked on a Sunday and where requested will be 
worked in accordance with this Agreement. 

23. MEAL BREAKS AND ALLOWANCES 

23.1 Meal Breaks for Dayworkers 

23.1.1 An employee shall not be required to work for more than five hours 
without a break for a meal.  Provided that by agreement between the 
Company and the majority of employees in the plant, work section or 
sections concerned, an employee or employees may be required to 
work in excess of five hours, but not more than six at ordinary rates 
of pay without a meal break. 

23.1.2 The time of taking a scheduled meal break or rest break by one or 
more employees may be altered by the Company if it is necessary to 
do so in order to meet a requirement for continuity of operations. 

23.1.3 Except as provided in sub-clauses 23.1.1, double time at the 
Overtime Hourly Rate shall be paid for all work done during meal 
breaks and thereafter until a meal break is taken. 

23.1.4 Subject to sub-clauses 23.1.1 and 23.1.5, a Dayworker required to 
work overtime of one and a half hours or more which is continuous 
with the ordinary working hours, shall be allowed a meal break of 
thirty minutes, either: 

a) before starting such overtime, if the overtime is at the conclusion of 
the employee's ordinary working time; or 

b) either during or at the conclusion of such overtime if the overtime is 
immediately before the ordinary working time and of not more than 
four hours duration; which shall be paid for at the rate of double 
time of the Overtime Hourly Rate. 

c)  The Company and employee may agree to change the time of 
taking this meal break. 

23.1.5 A Dayworker working overtime (including overtime on Saturday, 
Sunday or Public Holiday) shall be allowed a meal break of thirty 
minutes without deduction of pay after each four hours of overtime 
worked where the overtime is to be continued after such meal break. 

23.1.6 A meal break shall not be regarded as time worked for the purpose of 
determining when the next meal break falls due. 

23.1.7 No Meal Allowance is payable when overtime is worked as this has 
been included in the allowances. 








 

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23.2 Rest Day 

23.2.1 The provisions of this clause shall apply only to an employee whose 
ordinary working hours are worked Monday to Friday and shall not 
apply to an employee for whom Saturday and Sunday are normal 
working days under any roster. 

23.2.2 Subject to the provisions of sub-clause 23.2.5, any such employee 
required to work overtime for at least eight hours on a Saturday and 
at least eight hours on the Sunday immediately following shall be 
granted a day-off without pay (i.e. a rest day) during the immediately 
following week. 

23.2.3 An employee shall not be required to take the rest day on any day 
that they would be entitled to a rest period in accordance with clause 
21.5 of this Agreement. 

23.2.4 If for any reason any day (Monday to Friday inclusive) in the following 
week is not worked by the employee, such day shall be counted as 
the rest day. 

23.2.5 An employee required to work on the rest day shall be paid at the 
rate of double time of the Overtime Hourly Rate for so much of the 
ordinary working hours worked. 

23.2.6 The employee shall be given notice of the day granted as a rest day 
not later than the normal ceasing time on the preceding day. 
 

PART 6 -  LEAVE AND HOLIDAYS 

24. ANNUAL LEAVE  

24.1 Period of Leave 

24.1.1 For each twelve months' continuous service with the Company, an 
employee shall be entitled to annual leave during ordinary working 
hours, at the rate of pay in Appendix D, as follows: 

a) A Continuous Shiftworker engaged on continuous shift (as defined) 
for the full year shall be entitled to five calendar week's annual 
leave, exclusive of Public Holidays as per the continuous shift 
roster. 
 

b) A Dayworker, for the full year shall be entitled to four calendar 
week's annual leave exclusive of Public Holidays.  
 

c) An employee who has worked for part of the year as a Continuous 
Shiftworker and for part of the same year as a Dayworker shall be 
entitled to a pro-rata number of weeks calculated to the nearest 
one hour. 








 

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24.2 Accrual of Annual Leave 

24.2.1 Annual leave accrues progressively during a year of service 
according to the employee's ordinary hours of work, and accumulates 
from year to year. 

24.2.2 For the purpose of this clause, any absence from work, that is not 
paid leave, in excess of 28 days will break continuity of accrual of 
annual leave, unless the absence is an interruption or termination of 
employment by the Company which has been made with the 
intention of avoiding obligations in respect of leave of absence 

24.2.3 In the case of industrial action by employees party to this Agreement, 
accrual of annual leave will cease immediately. 

24.3 Taking of Annual Leave 

24.3.1 Annual leave shall be given and taken in accordance with the NES, 
in a continuous period or other periods agreed between the 
employee and the Company. The Company must not unreasonably 
refuse to agree to a request by the employee to take paid annual 
leave. 

24.3.2 The Company may shut down a section or sections of the Mill for the 
purpose of allowing annual leave in whole or in part to some or all of 
the employees in the section.  The following provisions shall apply to 
a shut down under this sub clause: 

a) The Company shall notify employees at least six weeks before the 
commencement date. 
 

b) The Company shall also notify employees required to work at least 
six weeks before the commencement date. 
 

c) The Company may require all or any of the employees to take 
annual leave, or such portion of it as can be taken, during a shut 
down period.  An employee who does not have sufficient accrued 
annual leave for any part of the shut down may be stood down 
without pay for such portion of the shut down, subject to there 
being no suitable employment available. 
 

d) An employee shall not be required under this sub clause to take a 
period of annual leave during more than two shut downs over the 
life of this Agreement. 

24.3.3 Any exercise by the Company in any year of the right to shut down a 
section under this clause shall not prejudice the Company’s right to 
operate any section of the Mill in any subsequent year without a shut 
down. 

24.3.4 Dayworkers 

24.3.5 A Dayworker will be paid annual leave loading of 17.5% when taking 
annual leave. 

24.3.6 When taking annual leave it will be debited on an hour for hour basis.  








 

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24.3.7 Where an employee has accrued two years annual leave the 
Company may direct that employee to take reasonable leave after 
not less than six weeks' notice by the Company. 

24.3.8 The employee shall be entitled to apply to take leave on six weeks' 
notice and the Company shall not unreasonably reject that 
application. 

24.3.9 Shiftworkers 

24.3.10 The Continuous Shiftworker annualised salary includes a component 
for annual leave loading calculated on the basis of average shift 
penalties in the roster. 

24.3.11 A Continuous Shiftworker who has annual leave entitlements shall be 
required, under normal circumstances, to take their annual leave in 
accordance with the continuous shift work roster.  A Continuous 
Shiftworker accrues 5 weeks annual leave each year. 

24.3.12 An employee may, in special circumstances, apply to take leave 
outside of the leave periods shown on the continuous shift annual 
leave roster.  The granting of such an application shall not diminish 
the employee’s obligation to work the required number of shifts for 
that calendar year.  The required number of shifts to be worked shall 
be the number of shifts shown on the continuous shift annual leave 
roster pertaining to the employee’s predominant crew.  

24.3.13 Where the Company grants this application and the employee takes 
the entire 5 weeks entitlement in a single block, the employee shall 
be allowed to be absent on annual leave for the 16 rostered twelve 
hour shifts in exchange for 5 weeks of leave entitlement.  This 
arrangement ensures that an employee is able to take a continuous 5 
week annual leave period.  This arrangement does not diminish the 
employee’s obligation to work the required number of shifts 
applicable to that calendar year. 

24.3.14 Where leave is not taken as a single block, annual leave shall be 
debited on an hour for hour basis and is to be taken so that the 
employee receives 5 weeks annual leave and no more or less and is 
to be taken so that the employee receives 5 weeks annual leave and 
no more or less (or pro-rata where the accrual is less than 5 weeks).  
Again, the obligation to work the required number of shifts is not 
diminished. 

24.3.15 An employee shall take annual leave at a time agreed with the 
Company or as determined by the continuous shiftworker annual 
leave roster. 

24.3.16 Where an employee has accrued two years annual leave the 
Company may direct that employee to take leave after not less than 
six weeks' notice by the Company. 

24.3.17 The employee shall be entitled to apply to take leave on six weeks' 
notice and the Company shall not unreasonably reject that 
application. 








 

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24.3.18 Where a Shiftworker has a leave balance that exceeds the number of 
hours required to cover rostered leave commitments for the 
remainder of the calendar year, the employee shall be entitled to 
apply to take that leave and the Company shall not unreasonably 
reject that application. 

24.4 Public Holidays during Annual Leave 

24.4.1 Annual leave shall be exclusive of public holidays prescribed by this 
Agreement. Provided that the period where an employee is absent 
on annual leave may include a  public holidays for the purpose of 
allowing for shift rostering, in which case public holidays falling during 
any period of annual leave shall be paid at the annualised weekly 
wage rate in addition to the payment of annual leave. 

24.5 No cashing out of Annual Leave and purchase of additional Annual Leave 

24.5.1 Payment shall not be made or accepted in lieu of annual leave 
except in respect of accumulated entitlement on termination of 
service or as provided by clause 24.5.2. 

24.5.2 By agreement between the Company and an employee, a 
“purchased leave” arrangement may be implemented under which 
the employee chooses to forgo an amount payable to the employee 
in relation to the performance of work but receives a corresponding 
additional amount of annual leave.  The maximum amount of 
purchased additional leave is two weeks per year.  If this purchased 
leave is not used within the 12 month period, the additional 
purchased leave will be repaid to the employee at the end of the 
particular year.  It is intended that the purchased leave arrangement 
will operate from 1 July to 30 June each year. 

25. PERSONAL/CARERS LEAVE (INCLUDING SICK LEAVE)  

25.1 Personal Leave includes: 

Sick Leave: for personal illness or non-compensable injury.  

Carers Leave: for the primary care or support to a member of the employee's 
immediate family or household as a result of illness, injury or unexpected 
emergency. 

Compassionate Leave:  when a member of the employee’s immediate family or 
household contracts or develops an illness or injury that either poses a serious 
threat to life or results in their death. 

 

26. ESTABLISHING AN ATTENDANCE CULTURE  

26.1 The parties to this Agreement will share responsibility and accountability in 
establishing a work environment that encourages an attendance culture at work 
including: 

 ensuring a safe and healthy workplace.  

 promoting healthy employees by supporting workplace health initiatives. 

 recognising and managing potential mental health factors.  








 

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 being approachable and considerate and supporting the view that leave 
provisions are an employee’s insurance against future illness rather than an 
entitlement that must be used.  

 providing awareness of available support e.g. Employee Assistance Program 
(EAP).  

26.1.1 The Company will implement a standardised process for 
communicating and reporting unplanned absences and will 
communicate these expectations to existing and new employees.  

26.1.2 Direct communication with individual employees about their individual 
absence records can also offer a positive approach towards 
establishing a culture that encourages attendance. Managers will 
ensure the induction for all new employees includes:  

 expectations regarding attendance in general.  

 how to report illness and injury related absences and what evidence 
the employee needs to provide. 

 support services available.  

26.2 Entitlements 

26.2.1 An employee shall be entitled to paid absence for sick and carers 
leave throughout a period of continuous employment with the 
Company for up to 52 weeks per year excluding Apprentices who will 
accrue 10 days per year.  

26.2.2 Payment will be made at the rate the employee would have earned 
had they not been absent.  

26.2.3 An employee is entitled to compassionate leave in addition to the 
sick and carers leave entitlement as follows:  

 Up to two days compassionate leave on each occasion a member 
of their immediate family, or a member of their household, contracts 
or develops a personal injury that poses a serious threat to life. 

 Up to 3 days compassionate leave upon the death of a member of 
their immediate family, or a member of their household. 

26.2.4 Compassionate leave does not accrue. 

26.3 Sick Leave 

26.3.1 An employee who is absent from work on account of personal illness, 
personal leave shall be paid at the rate the employee would have 
earned had they not been absent provided the employee advises the 
Company as early as possible of their inability to attend duty, stating 
as far as practicable the nature of the illness or injury and the 
estimated duration of the absence(s).   

Single and two day absences 

26.3.2 The Company shall not require an employee to provide a medical 
certificate or statutory declaration for three single days, or one period 
of two consecutive day’s absence, of Personal Leave that the 
employee takes in a calendar year. 








 

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Evidence  

26.3.3 Other than as in 26.3.2, for all other personal leave in relation to sick 
leave, an employee shall provide evidence to the satisfaction of the 
Company that they have a legitimate reason for the absence from 
work.  The employee shall complete a sick leave form indicating the 
nature of the absence and supply a medical certificate from any 
registered medical practitioner or such evidence as would satisfy a 
reasonable person to substantiate the absence. 

26.3.4 Immediately following each absence (single or multiple) the relevant 
superintendent or manager will meet and discuss the absence with 
the employee. 

26.3.5 Where an employee has greater than 10 days off in a calendar year, 
the employee and the relevant superintendent or manager shall meet 
and discuss the absence and opportunities to assist where required. 
This may include the development of an attendance plan, and/or any 
further absences the employee is to provide a medical certificate 
from a registered medical practitioner.  

26.3.6 Alternative duties may be found for an employee which complies with 
their capacity to complete the inherent requirements of the role, 
where the business needs to fill the position, and where there is no 
risk of aggravation of injury. 

26.4 Carers Leave 

26.4.1 Carers Leave may be taken where an employee is required to 
provide care or support to a member of their immediate family or 
household as a result of sickness, injury or unexpected emergency.   

26.4.2 Payment will be made at the rate the employee would have earned 
had they not been absent.  

26.4.3 A statutory declaration or a supporting medical certificate from a 
registered medical practitioner is required for all Carer’s Leave 
absences. 

26.4.4 Where practicable, arrangements which require Carers Leave should 
be made outside of rostered working hours.   

26.4.5 Carers Leave does not break the employee's continuity of service. 

26.4.6 Unpaid Carers Leave shall be available when paid Carers Leave 
entitlements are exhausted and will be reasonably granted upon 
request provided that,  

a) the employee notifies the Company of the absence as soon as 
reasonably practicable, and 

b) the employee provides a medical certificate from a registered 
medical practitioner that substantiates such illness, injury or 
unexpected emergency for each day of absence. 








 

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26.5 Compassionate Leave 

26.5.1 An employee may take Compassionate Leave when a member of the 
employee's immediate family or household: 

a) Contracts or develops a personal injury or illness that poses a 
serious threat to their life; or 

b) Dies 

26.5.2 Proof of the need for Compassionate Leave will be in accordance 
with the NES.  

26.5.3 This entitlement will not apply when the period coincides with an 
absence on other leave, except annual leave.  Annual leave hours 
will be credited at the rate at which they were deducted.  

26.6 Payout of Entitlements 

26.6.1 Where an employee dies, retires due to old age or incapacity, or their 
employment terminates after ten years continuous service for other 
than reasonable cause, any unused personal/carers leave entitlement 
standing to the employee’s credit shall be paid at their normal hourly 
wage rate. Provided that this clause will not have effect while this 
Agreement is in operation.    

26.6.2 This subclause applies to an ex- serviceman who 

a) has served in a theatre of war, and 

b) has a disability accepted by the Repatriation Department as 
war caused, and 

c) has exhausted their personal leave credits. 

26.6.3 If such an ex-serviceman has worked for part of the year, but 
becomes too ill to work (whether such illness be war caused or not) 
before the ex-serviceman’s next personal leave credit becomes due, 
the ex-serviceman will be entitled in that year to special non-
cumulative personal leave to cover such further illness up to a 
maximum of a further 12 month accrual (76 hours). 

 

27. LONG SERVICE LEAVE  

27.1 Period of Leave 

An employee shall accrue Long Service Leave at the rate of 0.933 weeks per 
year of service.  

27.2 Calculation of Service 

27.2.1 Long Service leave shall be computed from the date of 
commencement of employment. 








 

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27.2.2 Long Service leave which is accrued prior to the 9th January 2010 
will be calculated and the hours established for each person.  The 
value of this accrual will not increase until the newly accruing rate 
exceeds the locked in rate.  These leave hours must be taken before 
any leave accrued post the 9th January 2010.  

27.3 Taking of Long Service Leave 

27.3.1 Long Service Leave may be taken after the completion of 10 years' 
service. 

27.3.2 Where agreed by the Company, pro rata Long Service Leave may be 
taken after 7 years continuous service. 

27.3.3 Pro rata Long Service leave entitlements will apply if employment 
comes to an end for any reason after 7 years continuous service. 

27.3.4 Where an employee is retrenched pro rata long service leave 
entitlements will apply after five years continuous service. 

27.3.5 Long Service leave shall be given and taken in a continuous period, 
or if the employee and the Company agree, in two or more separate 
periods. 

27.3.6 Employees may elect to receive half pay whilst on Long Service 
Leave, thus enabling an employee to take twice as much time off for 
the same payment. 

27.4 Dayworkers 

27.4.1 When taking Long Service leave it will be debited on an hour for hour 
basis. 

27.5 Shiftworkers 

27.5.1 When taking Long Service leave it will be debited on an hour for hour 
basis.  

27.5.2 Application for Long Service leave must be submitted at least six 
weeks prior to taking the leave and must be approved by the 
Company before being formalised. 

27.6 Public Holidays during Long Service Leave 

27.6.1 Long Service leave shall be exclusive of public holidays prescribed 
by this Agreement.  

28. UNPAID PARENTAL LEAVE 

28.1 Parental Leave will be in accordance with the NES. 

28.2 A period of parental leave does not break an employee's continuity of service but 
it does not count as service for the purpose of leave accrued after an absence of 
28 days. 








 

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28.3 Paid Parental Leave 

28.3.1 An Employee is entitled to one (1) week of paid parental leave at the 
weekly wage in lieu of one week of unpaid parental leave. 

29. SPECIAL LEAVE 
 
Any other leave may be granted to an employee on such terms and conditions as may 
be determined by the Departmental Manager and while service shall be deemed 
continuous, accrual of leave and any other benefits will cease after 28 days.  

30. JURY SERVICE  

30.1 An employee called to attend for jury service during ordinary working hours shall: 

30.1.1 notify the Company as soon as possible of the date of attendance: 
and  

30.1.2 provide proof of attendance, the duration of such attendance and the 
amount received for attending. 

30.2 The employee shall be reimbursed by the Company the difference between:  

30.2.1 the amount paid whilst attending for jury service, and  

30.2.2 the amount the employee would have received in respect of their 
weekly wage. 

31. COMMUNITY SERVICE LEAVE 

31.1 Voluntary emergency management activity is a voluntary activity that involves 
dealing with an emergency or natural disaster. 

31.2 The employee must be a member of a recognised emergency management body 
and that body must request the employee to engage in the activity. 

31.3 An employee is entitled to Community Service Leave for the period during which 
the employee engages in eligible community service activity plus reasonable 
travelling time associated with the activity and reasonable rest time immediately 
following the activity.  The employee's absence must be reasonable in all 
circumstances. 

31.4 The employee must notify the Company of expected period of absence as soon 
as practicable.  The Company shall require the employee to provide reasonable 
evidence that the absence from work is because the employee is engaging in an 
eligible community service activity. 

32. PUBLIC HOLIDAYS 

32.1 Public holidays will be in accordance with the NES.  At the commencement of 
this Agreement public holidays are: 

 1 January (New Year’s Day); 

 26 January (Australia Day); 

 Good Friday; 








 

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 Easter Monday; 

 25 April (Anzac Day) or such other day which shall be substituted 
when Anzac Day falls on a Saturday or Sunday; 

 the Queen’s birthday holiday (on the day on which it is celebrated in 
Victoria); 

 25 December (Christmas Day); 

 26 December (Boxing Day); 

 any other day, or part-day, declared or prescribed by or under a law 
of Victoria to be observed generally within Victoria, or a region of 
Victoria, as a public holiday, other than a day or part-day, or a kind of 
day or part-day, that is excluded by the regulations from counting as 
a public holiday.  
 
At the commencement of the Agreement, these additional Victorian 
Public Holidays were Labour Day, Easter Saturday, Easter Sunday, 
the Friday prior to the AFL Grand Final and Melbourne Cup Day. 

32.2 In addition to the Public Holidays set out above, Maryvale Day will be treated as 
a Public Holiday without loss of pay. 

32.3 At the site level, the Company may, with the agreement of the parties to this 
Agreement, substitute another day for any prescribed in this clause. 

32.4 Subject to the exceptions prescribed in subclause 21.9 of the Agreement, a 
Continuous Shiftworker, and a Dayworker required for essential maintenance or 
other essential work which cannot be reasonably postponed, shall work on any 
of the days listed in clause 32 if required by the Company and shall be paid at 
the rate of double time and one half of the Overtime Hourly Rate. 

32.5 Public Holiday during Leave 

32.5.1 A public holiday prescribed by this Agreement occurring during the 
taking of annual leave or long service leave shall be added to the 
period of such leave. 

32.6 Requirement to work on a Public holiday 

32.6.1 An employee who is required to work on any of the said public 
holidays shall be paid for a full day or shift. Provided that this 
subclause shall not apply to: 

a) an employee who ceased work on the holiday concerned without 
the authority of the Company; or 
 

b) work of not more than four hours duration and of which an 
employee has received at least twenty-four hours' notice that is 
performed by an employee immediately following or immediately 
preceding time worked by the employee on the day before or the 
day after such holiday, as the case may be. 








 

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32.6.2 In the following circumstances an employee shall be paid in respect 
of the relevant public holidays as though the employee had continued 
employment without interruption: 
 
a) If the Company closes down the Mill at which the employee is 

employed for a period which includes the Easter or Christmas 
public holidays, and: 

 
(i) the employee is discharged (other than for misconduct) by 

the Company less than fourteen days before the shut-down 
period, and 
 

(ii) that employee is re-engaged by the Company not more than 
fourteen days after the shut-down period. 

 
b) Where the Company terminates the employment of an employee 

other than for misconduct within one week of a day on which a 
public holiday occurs as in this agreement, the employee shall 
be paid for such holiday, provided that such employee has been 
employed by the Company for a continuous period of at least 
one month. 
 

c) Where the shift roster prescribed in accordance with clause 1.2 
Appendix E of this agreement provides for the ordinary hours for 
five-day shift workers to commence after midnight on Sunday 
and finish after midnight on Friday, and the Company regularly 
treats any part of a Tuesday following a Monday which is a 
holiday prescribed by subclause 32.1  to be part of that holiday 
then the Company shall be entitled to treat an equal part of any 
Friday which is a holiday prescribed by subclause 32.1 as part of 
ordinary working hours. 
 

d) Provided that an equal part of the following Saturday is regarded 
as part of that holiday; and provided further that, if the majority of 
the employees concerned so desire, the shift roster for the week 
concerned shall be changed in accordance with clause 1.3 of 
Appendix E to commence at 12 midnight on the Sunday or such 
other time as may be mutually agreed between the Company, 
the employees and their representatives. 

32.7 Public holidays on a non-rostered week day 

32.7.1 Except where the non-rostered day falls on a Saturday or a Sunday, 
where a full-time Dayworker’s ordinary hours of work are structured 
to include a day off and such day off falls on a public holiday, the 
employee is entitled to a substitute day off on an alternative week 
day agreed with the Company. 

32.7.2 This provision does not apply to Continuous Shiftworkers as payment 
for all public holidays (workers and non-rostered) has been 
calculated in the Continuous Shiftworker annualised salary. 

 








 

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PART 7 -  GRIEVANCE & DISPUTE SETTLEMENT 

33. GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURE  

33.1 It is agreed that every endeavour will be made to amicably resolve grievances or 
disputes over the application of this Agreement, where they arise, by direct 
consultation between the parties in dispute. Issues should be resolved at the site 
level wherever possible. 
 

Speedy and efficient resolution of disputes 

33.2 To facilitate the speedy and efficient resolution of disputes: 

33.2.1 the party with the grievance must notify the other party at the earliest 
opportunity of the problem; 

33.2.2 throughout all stages of the procedure all relevant facts must be 
clearly identified and recorded; and 

33.2.3 sensible time limits must be allowed for completion of the various 
stages of discussion. However, the parties must co-operate to ensure 
that the disputes resolution procedure is carried out as quickly as 
possible. 

33.3 If any party fails, within a reasonable time, to follow (or clearly indicates its intent 
not to follow) any step of this procedure then the non-breaching party will not be 
obligated to continue through the remaining steps of the procedure, and may 
immediately bypass the earlier steps of the dispute resolution procedure outlined 
below, and progress immediately to the Commission. 
 

Procedure to be utilised 

33.4 Any dispute/s or grievance over the application of this Agreement or in relation to 
the National Employment Standards shall be dealt with in the following manner:  

33.4.1 The employee concerned will first meet and confer with their 
immediate supervisor. The employee/s may choose any another 
person to act on their behalf including a shop steward or delegate of 
their Union. An employee representative shall be allowed the 
necessary time during working hours to discuss the matter with the 
employee/s and the supervisor. 

33.4.2 If the matter is not resolved at such a meeting the parties will arrange 
further discussions involving more senior management as 
appropriate. The employee may choose to invite a Union official or 
any other representative to be involved in the further discussions if 
they so elect. The Company may also invite a representative to be 
involved in the discussions. 

33.4.3 If the matter remains unresolved the Company may refer it to a more 
senior level of management or to another representative. The 
employee may continue to involve a representative and may choose 
to invite a more senior Union official or any other representative of 
the Employee to be involved in the discussions.  








 

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33.4.4 In the event there is still no agreement the parties will commence a 
cooling off period of not less than 2 days to assess their respective 
positions.  The process will then resume for one more attempt at 
clause 33.4.3.  In the event the meeting at clause 33.4.3 is held and 
again proves unsuccessful, parties then progress to Commission. 

33.4.5 If the matter remains unresolved it shall be submitted to the 
Commission for conciliation and/or arbitration in which the arbitrated 
decision, subject to the parties' rights of appeal, shall be accepted.  

33.5 Whilst the processes are being followed the parties shall be committed to avoid 
stoppages of work, lockouts or other bans or limitations on the performance of 
work and the Company shall ensure that all practices applied during the 
operation of the procedure are in accordance with safe working practices and 
consistent with established custom and practice at the enterprise in accordance 
with this Agreement. 

33.6 Until the matter is determined, work will continue to be performed in accordance 
with the Agreement under the reasonable direction of the Company without 
prejudice to the final outcome of the dispute resolution procedure except to the 
extent the employee has a reasonable concern about an imminent risk to his or 
her health or safety.  

33.7 Subject to the relevant provisions of the OH&S Act, even if the employee has a 
reasonable concern about an imminent risk to his or her health or safety, the 
employee must not unreasonably fail to comply with a direction by the Company 
to perform other available work, whether at the same enterprise, that is safe and 
appropriate for the employee to perform. 
 

Additional powers of the Tribunal 

33.8 On a dispute being notified to it, the Commission may exercise such powers and 
functions as the parties agree are appropriate at the time. 

33.9 On the agreement of the parties, the Commission can do the following: 
 

a) take evidence on oath or affirmation; 
 

b) make an order in relation to all or any matters in dispute including an 
interim order and an order for specific performance of the terms of the 
Agreement (the term “order” used in this clause does not mean an order 
for the purposes of the Act. Rather, an order made under this procedure 
has effect as if it were a term of this Agreement); 
 

c) give a direction, in the course of, or for the purpose of, the hearing or 
determination of the matter in dispute; 
 

d) hear and determine the matter in dispute in the absence of a party who 
has been summoned or served with a notice to appear; 
 

e) sit at any place; 
 

f) conduct its proceedings, or any part of its proceedings, in private; 
 

g) adjourn to any time and place; 








 

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h) refer any matter to an expert and accept the expert’s report as evidence; 

 
i) direct parties to be joined or struck out; 

 
j) allow the amendment, on such terms as it considers appropriate, of any 

application or other document relating to any proceeding; 
 

k) correct, amend, or waive any error, defect or irregularity, whether in 
substance or form; 
 

l) summon before it the parties to the Agreement, witnesses or any other 
person whose presence the Commission considers would help in the 
hearing or determination of the matter in dispute and compel the 
production before it of documents and other things for the hearing and 
determination of the matter in dispute; and 
 

m) generally give all directions and do all such things as are necessary or 
expedient for the speedy and just hearing and determination of the matter 
in dispute. 

33.10 Rights of employee representatives during the dispute resolution process 

33.10.1 Employee representatives have a continuing role when requested by 
an employee/s to deal with grievances in accordance with the 
procedures outlined above. 

33.10.2 An employee duly elected as an employee representative shall notify 
the Company of his/her election and shall be recognised as such by 
the Company. 

33.10.3 The elected employee representative shall be allowed reasonable 
time during working hours to discuss on site with:  
 

a) the employees;  
 

b) the Company;  
 

c) the Company’s representative; and/or 
 

d) his/her Union, 

matters affecting employees of the Company which are grievances, in 
accordance with the procedures outlined above. 

33.10.4 Where agreed between the parties, an employee representative who 
is required to attend any Commission proceedings relating to matters 
directly involving the Company and its employees on the site shall 
receive their normal entitlements for the hours for which they were 
scheduled to work for that day. 

33.10.5 It is a condition of this Agreement that the Company and the 
employee representative ensure work continues normally in 
circumstances where grievances or issues are being resolved and 








 

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that they are progressed through the Disputes Settlement Procedure 
in this Agreement. 

34. CORRECTIVE BEHAVIOUR PROCEDURE 

34.1 The purpose of the Maryvale Corrective Behaviour Procedure is three fold. 

34.1.1 Firstly, it is designed to correct undesirable behaviour of a minor 
and/or major nature, in its early stages, so as to ensure that the 
individual does not jeopardise his/her ongoing employment. 

34.1.2 Secondly, it is to enable management to fairly and effectively deal 
with those individuals who fail to respond to the warnings that they 
have received for minor and/or major breaches of discipline. 

34.1.3 Thirdly, it reinforces management’s right to summarily dismiss an 
individual who is guilty of any act or omission, which is considered to 
be of an extremely serious nature. 

34.2 Individuals are entitled to have an employee representative of their choice 
present at any step within the disciplinary process.  

34.3 Individuals or their employee representatives may request counselling at any 
step within the disciplinary process. The Company has the right to offer 
counselling at any step within the disciplinary procedure. The individual has the 
right to accept or reject this counselling. 

34.4 Counselling 

34.4.1 The purpose of providing counselling is to: 
 

a) Establish whether there are any mitigating circumstances that 
could be causing the individual’s undesirable behaviour; 
 

b) Explain to the individual why the behaviour is undesirable; 
 

c) To offer advice and/or guidance on what assistance is available to 
assist the individual in correcting his/her behaviour; and 
 

d) To advise the individual of the possible consequences that will 
occur if the current undesirable behaviour continues. 

34.5 Appeal Process 

34.5.1 An individual may appeal any decision, or any penalty that is applied, 
at any step within the disciplinary procedure.  The individual or 
his/her nominee will initiate this by lodging an “Application to Appeal” 
form with the Manager of the person who was responsible for making 
the decision, or applying the penalty, which is being disputed. The 
Manager with whom the “Application to Appeal” form is lodged will 
set a date, time and venue for conducting the appeal hearing and will 
advise the individual and/or the employee representative of these 
details. The Manager must endeavour to conduct the appeal hearing 
as soon as is practicable.  This clause in no way confers a right or 
remedy in relation to termination of employment for a reason that is 
harsh, unjust or unreasonable. 








 

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34.6 Minor Breaches 

34.6.1 The following hierarchy of penalties will apply for minor/major 
disciplinary breaches: 
 

a) Level 0. Clear record 
 

b) Level 1. Informal talk 
 

c) Level 2. Formal reprimand 
 

d) Level 3. First written warning 
 

e) Level 4. Second written warning 
 

f) Level 5. Final written warning 
 

g) Level 6. Suspension without pay  
 

h) (5 Shift Work, 4 shifts / Daywork, 5 days – see note 1 clause 34.9) 
 

i) Level 7. Termination of Employment 

34.6.2 An individual will move one step higher through these penalty levels 
for each proven minor breach of discipline. Examples of minor 
disciplinary breaches include, but are not limited to: 
 
a) Excessive absenteeism. 

 
b) Poor work performance. 

 
c) Abusive language. 

 
d) Poor timekeeping. 

 
e) Leaving the immediate work area, except in the cases of carrying 

out normal duties, without permission from his/her supervisor. 
Leaving the site without permission is considered to be serious 
misconduct, not a minor breach. 
 

f) Failing to promptly report to an alternative work area when 
directed to do so. 

34.6.3 All warnings will remain in force for a period of 12 months from the 
time the breach is recorded. After all warnings have expired, the 
individual’s record will be cleared.  Employee representation, 
counselling and the appeal process, as outlined earlier in this clause, 
are available at every step of this process. If the facts as to whether 
or not a breach has occurred are in dispute, the talk, reprimand, 
written warning or suspension will stand and the appeals process will 
be used to determine the validity of the ruling.  

34.6.4 An individual has the right to view his/her record at any practicable 
time to establish where he/she currently sits on the above hierarchy. 








 

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Each time the individual returns to Level 0, his/her record will be 
placed into the sealed section of his/her personnel file and will not be 
used for the purpose of future disciplinary action. The sealed section 
can be released to line management if the conduct or behaviour of 
the employee concerned is such that, if it were ignored, in certain 
circumstances it is reasonably likely to expose the Company to future 
legal liability in respect of occupational, health, safety or 
discrimination matters. 

34.6.5 If an incorrect level of penalty is applied, for example – a person 
receives an Informal talk when they should have received a Formal 
Reprimand, this will be corrected as soon as practicable after the 
error is detected. 
 
(i) Level 1. Informal talk 

 
This individual will be spoken to by his/her Maintenance 
Superintendent with regards the minor breach that has occurred. 
The Maintenance Superintendent that has spoken with the 
individual will fill out a “Notification of Informal Talk” form and 
forward this to the Maintenance Manager of the area as a record 
of this talk being given. 

 
(ii) Level 2. Formal reprimand 

 
The individual will be spoken to by a Staff Representative with 
regards to the minor breach that has occurred. The Staff 
Representative that has spoken with the individual will fill out a 
“Notification of Formal Reprimand” form and forward this to the 
Manager of the area as a record of this reprimand being given. 
The individual and the employee representative will also be 
provided with a copy of the form. 

 
(iii) Level 3. First written warning 

 
The individual will be spoken to by a Staff Representative with 
regards to the minor breach that has occurred. The Staff 
Representative will fill out a “First written warning” form to record 
this discussion. This form, or a copy of this form, will be placed 
on the individual’s personnel file. The individual and the 
employee representative will also be provided with a copy of the 
form. 

 
(iv) Level 4. Second written warning 

 
The individual will be spoken to by a Staff Representative with 
regards to the minor breach that has occurred. The Staff 
Representative will fill out a “Second written warning” form to 
record this discussion. This form, or a copy of this form, will be 
placed on the individual’s personnel file. The individual and the 
employee representative will also be provided with a copy of the 
form. 

 








 

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(v) Level 5. Final written warning 
 
The individual will be spoken to by a Staff Representative with 
regards to the minor breach that has occurred. The Staff 
Representative will fill out a “Final written warning” form to record 
this discussion. This form, or a copy of this form, will be placed 
on the individual’s personnel file. The individual and the 
employee representative will also be provided with a copy of the 
form. 

 
(vi) Level 6. Suspension without pay 

 
The individual will be stood down by a Staff Representative 
pending the arrangement of a hearing. At the hearing the 
individual will be informed of the penalty for the current breach 
and will again be warned that any further minor breach of 
discipline will result in a hearing at which the individual will be 
dismissed. The Staff Representative will fill out a “Notification of 
Suspension” form to record this penalty. This form, or a copy of 
this form, will be placed on the individual’s personnel file. The 
individual and the employee representative will also be provided 
with a copy of the form. 

 
(vii) Level 7. Termination of Employment 

 
The individual will be stood down by a Staff Representative 
pending the arrangement of a hearing. At the hearing the 
individual will be formally dismissed. The Staff Representative 
will fill out a “Termination of Employment” form to record this 
penalty. This form, or a copy of this form, will be placed on the 
individual’s personnel file. The individual and the employee 
representative will also be provided with a copy of the form. The 
dismissed employee will be escorted to his/her locker to collect 
personal belongings before being escorted from the site. The 
dismissed individual’s gate pass will be cancelled immediately 
that they leave the site. 

34.7 Major Breaches 
 
On occasions, a breach of discipline may be considered to be of a more 
significant nature than a minor breach but be less serious than those issues that 
fall under the scope of serious misconduct, which is outlined later in this clause. 
Breaches of this nature will be deemed to be major breaches. For each proven 
major breach, an individual will move two steps higher through the penalty levels 
if the individual is already at levels 0 to 4 or one level if the individual is already 
at levels 5 or 6. 

34.8 Serious Misconduct 
 
The parties agree that the “Contract of Employment” provisions of the Agreement 
provide the Company with the right to dismiss employees without notice for 
serious misconduct. Serious misconduct includes, but is not limited to:  








 

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a) Wilful or deliberate behaviour that is inconsistent with the continuation of the 
contract of employment 
 

b) Conduct which causes an imminent and serious risk to the health and safety 
of any person or to the reputation, viability or profitability of the Company’s 
business 
 

c) An employee engaging in any of the following in the course of employment: 
 

d) Assault 
 

e) Fighting 
 

f) Theft or the unlawful possession of Company property 
 

g) Fraud or dishonest claims for payment 
 

h) Wilful damage or sabotage 
 

i) Refusing to carry out work tasks as required under this Agreement or 
refusing to carry out a lawful and reasonable instruction that is consistent 
with the employee’s contract of employment 
 

j) Wilful neglect of duty, rules or instructions leading to injury, endangering 
others, endangering the environment or damage to machinery or equipment 

34.8.1 A person charged with serious misconduct will be suspended with full 
pay pending a hearing. A person who is suspended will leave the site 
immediately upon notification of the suspension. The person carrying 
out the suspension will advise the relevant Maintenance Manager or 
equivalent of the suspension within 24 hours. 

34.8.2 The relevant Maintenance Manager will set a date, time and venue 
for conducting the disciplinary hearing and will advise the individual 
and/or the employee representative of these details. The Manager 
must endeavour to conduct the disciplinary hearing as soon as is 
practicable. The disciplinary hearing will determine the facts 
surrounding the alleged serious misconduct and if the charge is 
proven then an appropriate penalty will be imposed. The Manager is 
not compelled to dismiss the individual concerned. The Manager may 
move the individual to any level on the hierarchy of penalties if 
he/she decides that the serious misconduct does not warrant 
dismissal.  This clause in no way confers a right or remedy in relation 
to termination of employment for a reason that is harsh, unjust or 
unreasonable. 

34.9 Note 1 

34.9.1 Shift workers rostered to follow the 12 hour shift roster will be 
suspended for 4 shifts and will lose ordinary time earnings totalling 
48 hours. Penalties will not be deducted for these 4 shifts. This is to 
ensure that an even penalty is applied to all employees following this 
roster regardless of whether the 4 shifts for which they have been 
suspended occur during the week or over weekends and public 
holidays. 








 

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34.9.2 Day workers will be suspended for one week and will lose ordinary 
time earnings for that week. Weekend work and payment for public 
holidays are not to be affected by this suspension. 

34.9.3 All other shift workers will be dealt with on a case by case basis with 
an aim of penalising the individual by a minimum of 40 hours and a 
maximum of 48 hours of ordinary time earnings. Again, penalties and 
payment for public holidays are not to be affected by this suspension.  

 

PART 8 -  MISCELLANEOUS 

35. CONSULTATION ABOUT CHANGE 

35.1 Purpose of Consultation 

35.1.1 Consultation means discussion of an issue(s) between the Company, 
Employees, their representatives and Union(s) with the intent of 
providing the employees, representatives and Union(s) with a bona-
fide opportunity to influence the Company to make a better informed 
decision in their final assessment.  

35.2 Where the Company has identified a significant workplace change the Company 
will: 

35.2.1 Prior to the implementation of significant workplace change, provide 
notification about the change to all potentially affected employees. 

35.2.2 Consult with employees and their representatives to discuss the 
nature, extent and rationale of the significant change at the earliest 
opportunity. 

35.2.3 Seek suggestions from employees and/or their representatives on 
the proposed changes to evaluate all alternatives and make better 
informed decisions. 

35.2.4 After such consultation the Company will implement changes it 
deems necessary. 

35.3 For the purpose of this clause, the following examples could be considered 
significant workplace change: 

35.3.1 Reorganisation of the workforce 

35.3.2 Reorganisation of workshops 

35.3.3 An increase or reduction of manning numbers 

35.3.4 Closure of a section of plant or equipment 

35.3.5 The addition of major plant or equipment 

35.4 Change to regular roster or ordinary hours of work  

35.4.1  Nothing in this clause derogates from other obligations upon the 
Company prescribed by this Agreement. 








 

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35.4.1 Where the Company proposes to introduce a change to the regular roster or 
ordinary hours of work of employees:  
 
a) the Company must notify the relevant employees of the proposed change; 

and  
 

b) subclauses 35.4.2 to 35.4.6 apply.  
 

35.4.2 The relevant employees may appoint a representative for the purposes of the 
procedures in this clause.  

35.4.3 If:  
 
a) a relevant employee appoints, or relevant employees appoint, a 

representative for the purposes of consultation; and  
 

b) the employee or employees advise the Company of the identity of the 
representative;  

the Company must recognise the representative.  

35.4.4 As soon as practicable after proposing to introduce the change, the Company 
must:  
 
a) discuss with the relevant employees the introduction of the change; and  

 
b) for the purposes of the discussion--provide to the relevant employees:  

(i) all relevant information about the change, including the nature of the 
change; and  

(ii) information about what the Company reasonably believes will be the 
effects of the change on the employees; and  

 
(iii) information about any other matters that the Company reasonably 

believes are likely to affect the employees; and  

c) invite the relevant employees to give their views about the impact of the 
change (including any impact in relation to their family or caring 
responsibilities).  
 

35.4.5 However, the Company is not required to disclose confidential or commercially 
sensitive information to the relevant employees.  

35.4.6 The Company must give prompt and genuine consideration to matters raised 
about the change by the relevant employees.  

35.4.7 In this term:  

"relevant employees" means the employees who may be affected by a change 
referred to in this clause.  

36. ACCIDENT PAY 

36.1 An employee injured on duty and unable to continue at work shall be paid in full: 
 








 

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a) when on normal day or shift, for the remainder of that day or shift; or 
 

b) when on overtime, for the remaining hours which would have been worked. 

36.2 The Company shall make up to the Pre Injury Average Weekly Earnings 
(PIAWE) (less any payments under a welfare or similar scheme subsidised by 
the Company) the workers compensation weekly payments of an injured 
employee, subject to the following conditions: 
 

a) Make-up payments will not be continued for longer than 52 weeks from the 
date of the injury, nor beyond the time, within that period, of a claim for 
damages being granted. 
 

b) Subject to subclause (c) make-up payments will be paid in the next pay period 
following submission of first certificate and a valid claim form.  Payments will 
not be back-dated prior to submission of these reports, unless they are 
submitted within seven days of the date of injury. 
 

c) Make-up payments will not be commenced until liability for the payment of 
workers compensation is admitted. 
 

d) Make-up payments will not be continued if the employee refuses to submit to 
any necessary medical examination or Occupational Rehabilitation Program. 
 

e) In the case of a claim for damages against the Company being granted, the 
make-up payments already made shall be to that extent a satisfaction of the 
judgement. In the case of a claim for damages against a third party being 
successful, the make-up payments shall be refunded by the employee to the 
Company out of the damages received. 
 

f) In the case of a part-time employee and limited term employee, wages will be 
made up to the Pre Injury Average Weekly Earnings (PIAWE) for the normal 
time worked by that employee. 

37. JOURNEY ACCIDENT INSURANCE 

The Company will provide insurance cover for employees whilst on the journey from 
their residence to their place of work and return.  The insurance will provide for 
payment of wages to an employee who sustains an injury and loses time from work as 
a result. 

38. SAFE SYSTEMS OF WORK 

The parties to this Agreement will abide by: 

38.1 Safe Systems of Work 

38.1.1 All personnel to carry out all required safe work systems including but 
not limited to JSA's and Basic RIC responsibilities, as a minimum.  
They will attend any related training required. 

38.2 Leading Hands to carry out Intermediate RIC responsibilities as a minimum 
under the Permit to Work system, and to attend any related training required. 








 

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39. SECURITY OF EMPLOYMENT 

39.1 Protection of Entitlements - the Company agrees to continue to provide for all 
employee entitlements and to provide employees with a Company briefing on a 
six monthly basis 

39.2 The Company gives a commitment that no employees will be retrenched for the 
term of this Agreement unless, during the period of operation of this Agreement, 
should any major operating unit cease production, or a reduction in the number 
of operating shifts result in reduced output, or any other significant change then 
manning numbers will be reviewed by the parties to the Agreement.  This review 
will also take place when operating units are increased; the outcome of this 
review will not affect the timing or outcome of any wage increases 

39.3 At the commencement of and during this Agreement, manning levels will be: 
 
Mechanical  90 
Engineering Store 6 

The above manning levels indicate the full time permanent employees and for 
clarity do not include limited term employees or casuals.  The consultation clause 
must be utilised when making any change to the above manning levels. 

39.4 This clause does not prevent the Company taking disciplinary action according to 
this Agreement in instances of individual misconduct or failure to perform the 
duties specified. 

40. CONTRACTORS 

40.1 Overview 

40.1.1 The parties to this Agreement recognise the engagement of 
Contractors at the workplace can be a contentious issue on site.  

40.1.2 The parties have established the following requirements to ensure 
consultation is undertaken regarding the use of Contractors. A set of 
supporting guidelines are found in Appendix G of this Agreement. 

40.2 Definitions 

40.2.1 ‘Specialist work’ means scaffolding, fire system related work, 
painting, overhead crane related repair and/or installation work, roller 
door related work, roll grinding, in situ machining, conveyor belt 
repair and replacement and/or communication/media equipment 
work or other specialist work that requires specialised skills or 
licensing not normally performed by the Employees. 

40.2.2 ‘Contractor’ means: 
 
a) a Contractor; 

 
b) an employee or Sub-Contractor  of a Contractor; and/or 

 
c) any other person or entity who/which is not a direct employee of 

the Company. 








 

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40.2.3 ‘Work’: 
 
a) means any duties and/or tasks, which would be covered by this 

Agreement if performed by an Employee, in respect of : 

(i) the general, shutdown, startup, routine or breakdown 
repair and/or maintenance of the assets and/or 
resources; and 

(ii) Stores work; 
 of the Maryvale Mill and operated by Opal Australian 

Paper;  

b) notwithstanding anything else in this definition, includes duties 
and/or tasks that the Company has traditionally directed its 
employees to perform; 
 

c) but at all times, does not include: 

(i) Specialist work; 
(ii) work that requires specialist equipment that cannot 

reasonably be obtained by the Company; 
(iii) work that is a major: 

(A) repair;  
(B) modification; 
(C) removal; or  
(D) replacement; 
of plant and equipment  

(iv) capital work such as the installation of new equipment, 
upgrading of equipment and "cut-ins" to connect the existing 
plant to the new or upgraded equipment;   

(v) work of a civil nature; and 
(vi) work performed away from Maryvale;  

d) but is otherwise not determined by the volume of work or the skills, 
experience or qualification of the person performing the work; 
rather it is determined by the duties and/or tasks. 

40.3 Consultation 

40.3.1 Prior to Work being let to a contractor, consultation will take place 
between the employee(s) and the Supervisor/Engineer of the 
relevant area(s). 

40.3.2 As part of the consultation process the Company undertakes to 
optimise the use of the Company’s employees labour on site as 
much as possible, however this is depending on the needs of the site 
in relation to plant integrity, shutdowns, new work, modifications.  

40.3.3 For the purpose of the consultation, the Company must inform in 
writing the relevant employees and their representatives of: 
 








 

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a) the name of the proposed Contractor;  
 

b) the type of work proposed to be given to the Contractor; and 
 

c) the likely duration. 

40.3.4 Furthermore, the Company will endeavour no later than 14 days prior 
to the commencement of a Contractor at the Maryvale Mill to advise 
the relevant employee representative of whether the Contractor will 
be performing Work. If a disagreement arises over this, the parties 
will confer to seek to resolve any disagreement about this as quickly 
as possible. 

40.3.5 Following such consultation, Management will allocate Work and 
work that is not Work as required to meet the needs of the business. 

40.4 General Guidelines and Requirements 

40.4.1 It is the Company’s intention to utilise its employees to carry out 
Work and to drive area ownership. 

40.4.2 It is not the preference of the Company to use contractors to perform 
Work at the expense of the employees. 

40.4.3 Contractors will not be used to replace positions of the agreed 
permanent workforce.  

40.4.4 In accordance with this clause, The Company may engage a 
Contractor to meet its business objectives. 

40.5 The Company will require contractors to ensure that they will 
(a) Comply with all OH&S requirements 
(b) Meet all technical standards 
(c) Comply with all operating procedures 
(d) Have all relevant permits, licenses and certificates 
(e) Have appropriate training for the task to be performed. 

40.6 Standard amenities will be provided for a Contractor. 

40.7 All Contractors must complete a safety induction program prior to working at 
Maryvale. 

40.8 The Company shall only engage, and continue to utilise, a contractor to do Work, 
who:  
(a) pay wages and conditions to its employees; 
(b) receive payments to itself (in the case of a sole trader/self employed 

Contractor); and  
(c) make payments to Sub-Contractors; 

40.8.1 that are no less favourable than that provided for in this Agreement 
for equivalent or similar work.  








 

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40.9 Where the Company engages a contractor to perform work that is not Work, they 
may be engaged by competitive tender.  

40.10 Education 
(a) One of the key issues that arise is the day-to-day management of 

Contractors to ensure the Company adheres to its obligations in this clause. 
(b) The Company intends to develop in consultation with the Unions an 

information pack.  This information pack is designed to ensure all parties to 
this Agreement have first-hand knowledge so that decisions will be made 
consistent with the obligations and understanding of the parties. 

40.11 Any disputes arising out of or relating to this clause will be dealt with through the 
disputes procedure of this Agreement. 

41. REDUNDANCY  

41.1 Redundancy Process 

41.1.1 In the event of the closure of equipment or a process which results in 
a change to the Maintenance workload across the Mill, the following 
procedure will apply: 
 
a) The principle of employing Opal Australian Paper tradesmen in 

the first instance for regular work. 
 

b) If however, a review of the requirements of Maintenance work 
results in a reduction in the need for the Company’s employee(s) 
in a particular area, where practicable and at the Company’s 
discretion employee(s) will be transferred to alternate part(s) of 
the plant pending natural attrition. 
 

c) If there are still excess personnel, then voluntary redundancies 
will be offered to the directly impacted employee(s). 
 

d) If a directly impacted employee(s) wishes to remain in the 
Company’s employment, the Company will seek voluntary 
redundancy applicant(s) from wider parts of the Mill. 
 

e) In reference to sub clauses c) and d) above, if there are more 
volunteers than required, the Company will assess volunteers 
and either approve or reject their application in the overall 
interests of the business.  Approval will not be unreasonably 
withheld. 
 

f) In the event that there are no volunteers, then the required 
number of employee(s) shall be made involuntarily redundant.  

41.2 Severance Payments  

41.2.1 Should a position become redundant and an employee subsequently 
be retrenched, the employee shall be entitled to the following 
payments: 
 
a) All accumulated personal leave credits; 








 

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b) All accumulated annual leave credits including annual leave 

loading for Dayworkers; 
 

c) Pro-rata long service leave if the employee concerned has five or 
more year's continuous service with the Company; 
 

d) Four weeks' pay at the employee's weekly wage set out in 
Appendix D for each full year of service and pro-rata for part 
years. 
 

e) Provide retrenched employees with any documentation required 
to obtain government support. 
 

f) To provide funding up to $2500 for this purpose, to an accredited 
external provider for any employee made involuntarily redundant, 
regardless of length of service. 

41.2.2 Should a position become redundant and an employee be 
transferred to a lower paid job as part of natural attrition the 
employee concerned: 
 
a) Shall retain the hourly rate applicable to the redundant position 

on the basis of five weeks for each year of service permanently 
classified in the higher position, and pro-rata for part years, up to 
a maximum of twelve months. 
 

b) Increases which occur after transfer will be absorbed until the 
make-up is eroded. 
 

c) An employee will forfeit their right to retain the higher hourly rate 
of a redundant position if they refuse promotion to an appropriate 
higher paid position or if they, having been previously a shift 
worker refuse transfer from day work back to shift work. 
 

d) Shall have accrued entitlements for Long Service Leave, Annual 
Leave and Sick Leave up to the date of transfer calculated at the 
higher hourly rate applicable to the particular employee's 
classification immediately prior to transfer, and a letter detailing 
the calculation and guaranteeing the amount calculated as a 
minimum payment if they subsequently become eligible for such 
a payment will be given to the employee concerned. 
 

e) Will be given training to enable them to progress to a position 
with a comparable weekly wage to that of their previous job. 

41.2.3 The minimum payment for an employee with up to and including one 
year of service shall be four weeks' pay and the minimum payment 
for an employee with more than one year and up to and including two 
years' of service shall be eight weeks' pay. 

41.2.4 These payments are subject to the employee concerned continuing 
in employment to a date determined by the Company.  The Company 








 

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may approve an earlier departure date based upon an individual 
employee’s special circumstances provided this does not impede 
business needs. 

41.2.5 Every effort will be made not to require employees to work beyond 
the agreed departure date.  Where the Company extends an 
employee’s departure date, the Parties will agree on an acceptable 
compensation arrangement. 

41.3 Undertakings by the Parties 

41.3.1 The Company undertakes to provide the earliest possible notice to 
the relevant employees of any permanent change affecting 
employment, and not less than one month to each person whose 
employment is to be affected 

41.3.2 Employees undertake to ensure that during the period of notice given 
by the Company, operations will continue as normal. 

41.4 Transfer of Business 

41.4.1 Where a business or part of a business is transmitted from the 
Company to another employer and an employee, who at the time of 
such transmission was an employee of the Company, becomes an 
employee of the other employer: 
 
a) The continuity of the employment of the employee is deemed not 

to have been broken by reason of such transmission; and 
 

b) The period of employment of the employee with the Company is 
deemed to be service with the other employer. 

41.4.2 The Company will arrange for the new employer to confirm that it 
accepts continuity of employment. 

41.4.3 In this clause, “transmission” includes transfer, conveyance, 
assignment or succession and “transmitted” has a corresponding 
meaning. 

41.5 Exclusions 

41.5.1 These Redundancy provisions do not apply to: 
 
a) Employees who resign, retire or whose employment is terminated 

as a consequence of misconduct or poor performance 
 

b) Employees for whom adequate alternative employment is found 
with another employer 
 

c) Employees for whom a Workers Compensation redemption is 
processed, that is inclusive of employee resignation 
 

d) Apprentices on completion of Apprenticeship 
 

e) Probationary employees 
 








 

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f) Casual employees 
 

g) Limited Term Employees where the term of employment ends by 
effluxion of time. 

42. SUPERANNUATION  

42.1 All employees shall, as a condition of employment, participate in and contribute 
to a fund that offers a MySuper product; being: 
 
 A preferred Superannuation Fund of their choice; or 

 
 Plum Superannuation Fund ABN 20339905340 (Plan name: Australian Paper 

Superannuation) (or other appropriate Fund as designated from time to time 
in lieu of that fund). 

42.2 Standard Company Contributions 

42.2.1 For Dayworkers, the Company contribution will be 10% of the 
ordinary time earnings as defined by the ATO (Unless higher is 
legislated).  

42.2.2 For casual employees, Continuous Shiftworkers and Apprentices, the 
Company contribution will be in accordance with the Superannuation 
Guarantee legislation. 

42.3 Employees may elect to make additional voluntary contributions on a pre-tax 
basis. 

43. OTHER 

Shop Steward Leave 

43.1 Trade Union training leave 

43.1.1 An employee nominated in writing by a Union, party to this 
Agreement, for attendance at a course of training, will be released on 
paid leave, by mutual agreement between the Company and the 
Union.  

43.2 Trade Union meetings 

43.2.1 An elected site union delegate who presents written documentation 
that establishes their need to attend an offsite meeting where they 
specifically represent Maryvale Employees will be released on paid 
leave, by mutual agreement between the Company and the Union.  

43.3 Limits 

43.3.1 The above training and meeting leave shall not exceed 7 days for 
any one person and must not exceed 42 days for any calendar year 
per Union. 

43.3.2 Provided that such leave shall not be required for more than 6 
employees per Union. 








 

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43.3.3 Any additional training leave will be arranged by agreement. 

43.4 Employee representatives 

43.4.1 An employee, properly appointed as an employee representative 
shall, upon written notification to the Company from a Union party to 
this Agreement, be recognised as the accredited employee 
representative of the Union, and shall be allowed the necessary time 
during working hours to consult and negotiate with the appropriate 
management representative on matters affecting the employees 
represented. 

43.5 Notice boards 

43.5.1 The Company shall permit notice boards of reasonable dimensions 
to be erected in prominent positions at its Mill, upon which accredited 
Union representatives shall be permitted to post formal Union notices 
signed or countersigned by the representative posting them.  Any 
Union notice posted on a notice board that is not so signed or 
countersigned may be removed by the Company. 

43.6 Shared Duties 

43.6.1 Productive job sharing arrangements that have been agreed to by 
the Parties to this Agreement and documented in Company 
procedures may be performed by any person who has the skills to 
perform the task provided it is safe, efficient, logical and legal to do 
so.   

43.7 Protective Clothing 

43.7.1 The Company will provide employees with suitable protective 
clothing and footwear to enable them to perform their tasks in a safe 
and efficient manner. 

43.7.2 The Company will provide employees with 4 pairs of Explorer socks 
per annum. 

43.7.3 Should an employee’s clothing become damaged or destroyed 
during the course of their work by fire or acid or other injurious 
substance, the Company shall arrange suitable compensation for the 
clothing so damaged, or replace clothing so destroyed provided that 
protective clothing as prescribed by clause 43.7.1 was being worn at 
the time the damage occurred. 

43.8 Personal Records 

43.8.1 Employees shall be entitled to view their personal records by request 
to the personnel department, at an arranged time, and shall be 
entitled to a copy of their personal records upon request. 
 

Salary Sacrifice 

43.9 Novated Leases 

43.9.1 All employees on the Maryvale site will be able to enter into a 
novated lease of a motor vehicle subject to the terms and conditions 








 

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contained in the document titled "Australian Paper- Maryvale Mill 
Policies and Procedures- Novated Leases” 

44. WORKPLACE FLEXIBILITY 

44.1 In addition to and not in any way to limit the flexibilities that are set out in other 
parts of this Agreement, the terms in clause 44.4 may be varied by an Individual 
Flexibility Arrangement (IFA). 

44.2 The Company will not make an IFA unless the following conditions are satisfied. 

44.2.1 The IFA must be about matters that would be permitted matters if the 
arrangement were an Enterprise Agreement. 

44.2.2 The IFA must not include a term that is not an unlawful term if the 
arrangement were an Enterprise Agreement. 

44.2.3 The IFA must be genuinely agreed to by the Company and 
employee. 

44.2.4 The IFA must result in the employee being better off overall than the 
employee would have been if no individual flexibility arrangement 
were agreed to. 

44.2.5 The IFA must be able to be terminated: 
 
a) by either the employee or the Company giving written notice of 

not more than 28 days; or 
 

b) by the employee and the Company at any time if they agree, in 
writing, to the termination. 

44.2.6 The IFA must be in writing and signed; 
 
a) in all cases by the employee and Company; and 

 
b) if the employee is under 18 by a parent or guardian of an 

employee. 

44.2.7 The IFA must be given to the employee within 14 days after it is 
agreed to. 

44.3 It is a very serious breach of this Agreement if the Company enters into an IFA 
and the above conditions are not satisfied. 

44.4 The terms that may be subject to an IFA are: 
 
 Leading Hand rates; 
 Make up Time; 
 Time for taking of Meal Breaks; 
 Staggering of Meal Breaks; 
 Meal Breaks on Overtime before starting such overtime if the overtime is at 

the conclusion of the employee's ordinary working time; and 
 Equitable distribution of overtime. 








 

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44.5 Employee Representation 

44.5.1 Employees are entitled to be represented by the Union at every 
stage of this process. 

44.5.2 If an employee has nominated the Union or another person as their 
representative they must be given a reasonable opportunity to 
participate in negotiations or discussions regarding the proposed 
making, variation or termination of an IFA.   

44.5.3 Participation by the Union or any other representative does not mean 
that their consent is required prior to reaching an Agreement in 
relation to an IFA. 

  








Matt Toner Director, Logistics

Opal Australian Paper 

Enterprise Agreement 

2020-2023 

Maryvale Mill Mechanical Maintenance & Engineering Store 

Signatories to this Agreement 

c:£2=· - \'LO"c.0 Signed by: W,C,.,1g0.C? ... ~.l~(.f __ (Full Name)~~?. :.~:~14 .......... (Position) ~ l lO 
Sc:cv~k:r1 

on behalf of Automotive, Food, Metals, Engineering, Printing and ·Kindred Industries Union 
(AMWU) of 251 Queensberry Street, Carlton South, Victoria 3053. 

Signed by : ........... ..................... . (Full Name) ...................... ....... (Position) 

on behalf of United Workers Union (UWU) of 833 Bourke Street, Docklands, Victoria, 3008 . 

.,~;I.: / 
• "'' ~""U·?.. ...i ' ,,, _., . _ 

" :/ r.e-"~~•.;...····-' _ ___ : ___________________ _ 
( 

Signed by Adrian Berton, Group General Manager on behalf of Opal Australian Paper (OAP) 
of 307 Ferntree Gully Road, Mt Waverley, Victoria, 3149. 

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Opal.

Opal Australian Paper Enterprise Agreement 2020-2023 Maryvale Mill Mechanical Maintenance & Engineering Store Signatories to this Agreement

Signed by: Luciano Malgert (Full Name) ASS State secretary ..... (Position) 8/10/2020 on behalf of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) of 251 Queensberry Street, Carlton South, Victoria 3053.

Signed by : .(Full Name) (Position) on behalf of United Workers Union (UWU) of 833 Bourke Street, Docklands, Victoria, 3008. Signed by Adrian Berton, Group General Manager on behalf of Opal Australian Paper (OAP) of 307 Ferntree Gully Road, Mt Waverley, Victoria, 3149.

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PART 9 - APPENDICES 
 

 
 
  








 

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Opal Australian Paper Enterprise 
Agreement 
2020-2023 

Maryvale Mill Mechanical 
Maintenance & Engineering Store 

 
 

Parties covered by this Agreement 
 

Appendix "A" 
  








 

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Appendix A – Parties Covered by this Agreement 

Organisations of Employees  

AMWU - Automotive, Food, Metals, Engineering, Printing and Kindred Industries 
Union. 

251 Queensberry Street 

Carlton South Vic 3053 

ACN – 59459725116 

 

UWU – United Workers Union 

833 Bourke Street 

Docklands Vic 3008 

ABN - 82412528911 

 

Employer 

Paper Australia Pty Ltd trading as Opal Australian Paper 

307 Ferntree Gully Road 
Mt Waverley VIC 3149 

ABN – 63061583533 

 

Employees  

Company Employees covered by the classification structure in the Appendix to this 
Agreement 

 

Location 

Maryvale Mill PO Box 37 

   MORWELL  VIC  3840. 








 

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Opal Australian Paper Enterprise 
Agreement 
2020-2023 

Maryvale Mill 
Mechanical Maintenance & 

Engineering Store 
 
 

Maintenance Career Path Principles 
 

Appendix "B" 
 

 








 

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Table A 
Level Classification Qualifications 
P2 Engineer Has completed an engineering Associate Diploma in the appropriate field and 

has three years' experience in the industry 
P3 Technical Tradesperson “A” Has successfully completed 1200 hours of an Associate Diploma course in the 

appropriate field or equivalent hours of accredited training 
P4 Technical Tradesperson “B” Has successfully completed 900 hours of an Associate Diploma course in the 

appropriate field or equivalent hours of accredited training 
P5 Advanced Has successfully completed 600 hours of accredited training or has completed 

an Advanced Certificate or equivalent duration 
P6 Advanced Tradesperson “B” Has successfully competed 450 hours of accredited  training or has 150 hours 

accredited training and has achieved an agreed level of competence as 
defined in P7. 

P7 Special Class Tradesperson Has successfully completed 300 hours of approved accredited training or had 
achieved an equivalent level of agreed competency gained through on the job 
experience. 

P8 Engineering Tradesperson “A” Has successfully completed 150 hours of approved accredited training or has 
achieved an equivalent level of agreed competency gained through on the job 
experience. 

P9 Engineering Tradesperson “B” Has successfully completed an apprenticeship and is the holder of a Trade 
Certificate or Tradesman’s Rights Certificate. 

 

NOTES: 

 Streams encompassed by the above career path structure are mechanical and fabrication. 
 The extent of skilling across trade streams will be determined by the level of training undertaking by the employee and in accordance with the 

current Agreement. 

~ 

-~ 

I 
= ' 

-~ 

= 
' 

= 

II -

= I DI 
= I ·1 D~ 

I 

] 








 

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Table B 
MECHANICAL CAREER PATH 
Consistent with the Maintenance Skills Agreement the following career path applies to mechanical tradesmen. 
Promotion above P8 is voluntary. 
 

 FITTER BOILERMAKER MOTOR MECHANIC MACHINIST 
450 
P6 

 
Approved training hours 

 
Welding Inspector Certificate 
(144) 
Or 
Welding Supervisor 
Certificate (144) 
Or 
Approved Advanced 
Certificate Training Hours 

 
A Grade Certificate 160 

 
Advanced CNC Prog. 140 

300 
P7 
 
 

 
Intro to Computers 40 
Industrial Maint 1AB 80 
 

(Intro to Computers 40)* 
Certificate 6 40 
Certificate 7 40 
SSE 3E 20 
SSE 4 20 

 
Air Conditioning 20 
Compressed Air Braking
 50 
Electronic Engine 
Management 50 

 
Level 1  
CNC Programming 140 
 

150 
P8 

 
Rigging 6 80 
Forklift Truck 8 
Mobile Crane 8 
Plant Condition Monitoring 
1AB 80 
W(Scaffolding 80) 

 
Rigging 6 80 
Forklift Truck 8 
Certificates 1, 1E, 3, 3E
 40 
Certificates 2 & 4 40 
Mobile Crane 8 

 
Rigging 6 80 
Mobile Crane 8 
Vane Engine Analyser
 8 
Senior Motor Mechanic
 90 

 
Rigging 6 80 
Forklift Truck 8 
Okuma LC-30 CNC 80 

P9 Trade Certificate – performs 
all tasks consistent to and 
complementary to the trade 

Trade Certificate – performs 
all tasks consistent to and 
complementary to the trade 

Trade Certificate - performs 
all tasks consistent to and 
complementary to the trade 

Trade Certificate - performs 
all tasks consistent to and 
complementary to the trade 

 
W Scaffolding Tickets can be substituted if held previously. 
* Intro to computers can be substituted for tickets at this level.








 

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Apprentices 
 

Appendix "C" 








 

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Opal Australian Paper Enterprise Agreement 2020-2023 

Maryvale Mill Mechanical Maintenance & Engineering Store 

Appendix C – Apprentices 

1. Apprentices 

1.1. The intake of Apprentices each year will be reviewed by the Company based on 
proposed business needs and will reflect the anticipated turnover, long term 
opportunity, business and commercial requirements. 

1.2. Apprentice numbers for the life of this agreement will be 11. 

1.3. All necessary standard tools and text books will be provided by the Company during 
their 4 year training period and shall become the property of the Apprentice on 
completion of the Apprenticeship. 

1.4. No Apprentice under the age of 18 years shall be required to work overtime or shift 
work unless the employee so desires. 

1.5. Where Apprentices are terminated following completion of their Apprenticeship they 
shall be entitled to receive all outstanding annual leave, annual leave loading, 
accrued sick leave and flexibility payments. 

PERSONAL/CARERS LEAVE 

1.6. Entitlement to Personal/Carers Leave 

1.6.1. Apprentices are entitled to 10 Personal/Carers Leave days each year 
accruing progressively on a pro rata basis unless otherwise specified. 

1.6.2. Upon commencement they will be allocated 5 Personal/Carers Leave days.  
After completion of six month's work, a regular pro rata accrual will apply. 

1.6.3. Out of this entitlement an employee who is absent from work on account of 
personal illness or injury or Carers leave shall be paid the prescribed rate as 
defined in this Appendix for this absence subject to the following conditions:- 

a) The employee shall not be eligible for such payment for any period in 
respect of which there is an entitlement to Workers Compensation. 

b) The employee shall provide to the satisfaction of the Company details of 
their inability, on account of the illness or injury, to attend for duty.  

c) The employee shall advise the Company as early as possible of their 
inability to attend for duty stating as far as practicable the nature of the 
illness or injury and the estimated duration of the absence. 

1.6.4. In the event of an employee’s dying, the Company shall pay to the deceased 
employee’s estate the monetary value of the sick leave credits less the pro-
rata final year amount. 








 

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Agreement 
2020-2023 

Maryvale Mill Mechanical 
Maintenance & Engineering Store 

 
 

Wage Classifications and Wage 
Rates  

 
Appendix "D" 








 

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TRADESPERSON DAYWORKER CLASSIFICATION 

AND WAGE RATES 2020 – 2023 

 

  

Base 
General 
Weekly 

Tools 
Weekly 

Weekly 
Rate 

Overtime 
Hourly 
Rate 

Annual 
Salary 

 1/04/2020 1555.03 97.11 27.25 1,679.39 47.98 87,328.25 

P9   1/04/2021 1603.01 97.11 27.25 1,727.37 47.98 89,823.34 

100% 1/04/2022 1635.07 99.05 27.80 1,761.92 48.94 91,619.81 

 1/04/2020 1632.78 97.11 27.25 1,757.14 50.20 91,371.23 

P8   1/04/2021 1682.98 97.11 27.25 1,807.34 50.20 93,981.68 

105% 1/04/2022 1716.64 99.05 27.80 1,843.49 51.21 95,861.31 

 1/04/2020 1710.54 97.11 27.25 1,834.90 52.43 95,414.79 

P7    1/04/2021 1762.97 97.11 27.25 1,887.33 52.43 98,141.16 

110% 1/04/2022 1798.23 99.05 27.80 1,925.08 53.47 100,103.98 

 1/04/2020 1788.29 97.11 27.25 1,912.65 54.65 99,457.78 

P6 1/04/2021 1842.94 97.11 27.25 1,967.30 54.65 102,299.60 

115% 1/04/2022 1879.80 99.05 27.80 2,006.65 55.74 104,345.59 

 1/04/2020 1866.04 97.11 27.25 1,990.40 56.87 103,500.76 

P5 1/04/2021 1922.91 97.11 27.25 2,047.27 56.87 106,458.04 

120% 1/04/2022 1961.37 99.05 27.80 2,088.22 58.01 108,587.20 

 1/04/2020 1943.79 97.11 27.25 2,068.15 59.09 107,543.75 

P4    1/04/2021 2002.88 97.11 27.25 2,127.24 59.09 110,616.48 

125% 1/04/2022 2042.93 99.05 27.80 2,169.78 60.27 112,828.81 

 1/04/2020 2021.54 97.11 27.25 2,145.90 61.31 111,586.73 

P3   1/04/2021 2082.85 97.11 27.25 2,207.21 61.31 114,774.92 

130% 1/04/2022 2124.50 99.05 27.80 2,251.35 62.54 117,070.42 

 1/04/2020 2099.29 97.11 27.25 2,223.65 63.53 115,629.72 








 

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 P2   1/04/2021 2162.82 97.11 27.25 2,287.18 63.53 118,933.36 

135% 1/04/2022 2206.07 99.05 27.80 2,332.92 64.80 121,312.03 

 

The Overtime Hourly Rate arises from the change from the 35 ordinary hours roster to the 
38 ordinary hours roster.  

So that the Employees were not disadvantaged by this change in relation to overtime, it was 
agreed that overtime would be paid using the weekly salary/35 hours (and not 38 hours) as 
the hourly rate for overtime purposes.  This is the Overtime Hourly Rate set out in the table 
above.  
  

I I I I I I 








 

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TRADESPERSON CONTINUOUS SHIFT WORKER CLASSIFICATION  
AND WAGE RATES 2020 – 2023 

 

 

1. The annualised salary is based upon the 5 shift roster arrangement at the 
commencement of the Agreement.  This means Continuous Shift workers work an 
average of 145.2 shifts of rotating 12 hours each year.   

If the roster changes so that a Continuous Shift worker is required to work changed 
hours, the annualised salary will be recalculated to take into account these changed 
hours.  Any additional hour will be calculated based upon double time at the 
Overtime Hourly Rate. 

2. The annualised salary includes 5.5 hours per week mate cover  

3. Due to the rostering arrangement and the change to the 38 ordinary hours 4 days per 
week roster for Dayworkers on and from 10 April 2016, a corresponding change to 38 
ordinary hours has been made to Continuous Shiftworkers on and from 10 April 
2016.  The change is to be implemented so that there is no change to the shift 
arrangement or the annualised salary.  Instead, where a Continuous Shiftworker 
works a non-rostered overtime shift (not mate cover) in a week, the first hour of the 
first overtime shift in a week will be unpaid. Commencing 1 April 2021 the first hour of 

Classification Period Annualised 
salary 

Weekly Rate Overtime 
Hourly Rate 

F82 Shift 
Mech P7 

At commencement 143,122.11 2,752.35 52.43 
 

1/04/2021 147,211.48 2,830.99 52.43 

1/04/2022 150,155.71 2,887.61 53.47 
 

F83 Shift 
Mech P6 

At commencement 147,810.41 2,842.51 54.65 
 

1/04/2021 152,033.56 2,923.72 54.65 
 

1/04/2022 155,074.24 2,982.20 55.74 
 

F84 Shift 
Mech P5 

At commencement 152,493.66 2,932.57 56.87 
 

1/04/2021 156,850.60 3,016,36 56.87 
 

1/04/2022 159,987.61 3,076.68 58.01 
 

F85 Shift 
Mech P4 

At commencement 156,155.49 3,002.99 59.09 
 

1/04/2021 160,617.07 3,088.79 59.09 
 

1/04/2022 163,829.41 3,150.57 60.27 
 








 

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overtime shall revert from unpaid to paid. The remaining hours of the non-rostered 
overtime shift in that week will be paid as overtime at double the Overtime Hourly 
Rate in accordance with this Agreement.  

4. The annualised salary includes all allowances including MSA, First Aid, Tool 
allowance, penalties, annual leave loading, over-award payments, the mate cover 
and payment for public holidays (worked and non-rostered day) except Christmas 
Day and Boxing Day. 

  








 

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APPRENTICE CLASSIFICATION AND  

WAGE RATES 2020 – 2023 
 

  
Base 

General 
Weekly 

Tools 
Weekly 

Weekly 
Rate 

Overtime 
Hourly 
Rate 

Annual 
Salary 

 1/04/2020 1477.28 97.11 27.25 1,601.64 45.76 83,285.26 
Year 4 
(R72) 1/04/2021 1523.04 97.11 27.25 1,647.40 45.76 85,664.80 

95% 1/04/2022 1553.50 99.05 27.80 1,680.35 46.68 87,378.10 

 1/04/2020 1321.79 97.11 27.25 1,446.15 41.32 75,199.29 
Year 3 
(R73) 1/04/2021 1363.11 97.11 27.25 1,487.47 41.32 77,348.44 

85% 1/04/2022 1390.37 99.05 27.80 1,517.22 42.15 78,895.41 

 1/04/2020 1010.78 97.11 27.25 1,135.14 32.43 59,026.77 
Year 

2(R74) 1/04/2021 1043.21 97.11 27.25 1,167.57 32.43 60,713.64 

65% 1/04/2022 1064.08 99.05 27.80 1,190.93 33.08 61,927.92 

 1/04/2020 855.27 97.11 27.25 979.63 27.99 50,940.70 
Year 1 
(R75) 1/04/2021 883.26 97.11 27.25 1,007.62 27.99 52,396.24 

55% 1/04/2022 900.92 99.05 27.80 1,027.77 28.55 53,444.16 

The Overtime Hourly Rate arises from the change from the 35 ordinary hours roster to the 
38 ordinary hours roster  

So that the Employees were not disadvantaged by this change in relation to overtime, it was 
agreed that overtime would be paid using the weekly salary/35 hours (and not 38 hours) as 
the hourly rate for overtime purposes.  This is the Overtime Hourly Rate set out in the table 
above. 

 

 

 
  








 

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STORES CLASSIFICATION AND  

WAGE RATES 2020 – 2023 

 

  
Base 

General 
Weekly 

Weekly Rate 
Overtime 

Hourly 
Rate 

Annual Salary 

 1/04/2020 1555.04 97.11 1,652.15 47.20 85,911.98 

P9 1/04/2021 1602.24 97.11 1,699.35 47.20 88,366.20 

100% 1/04/2022 1634.29 99.05 1,733.34 48.15 90,133.52 

 1/04/2020 1533.27 97.11 1,630.38 46.58 84,799.78 

Level 1 1/04/2021 1579.85 97.11 1,676.96 46.58 87,201.92 

98.60% 1/04/2022 1611.45 99.05 1,710.50 47.51 88,945.96 

 1/04/2020 1492.83 97.11 1,589.94 45.43 82,677.13 

Level 2 1/04/2021 1538.26 97.11 1,635.37 45.43 85,039.24 

96% 1/04/2022 1569.03 99.05 1,668.08 46.34 86,740.02 

 1/04/2020 1452.41 97.11 1,549.52 44.27 80,575.05 

Level 3 1/04/2021 1496.68 97.11 1,593.79 44.27 82,877.08 

93.40% 1/04/2022 1526.62 99.05 1,625.67 45.16 84,534.62 

 1/04/2020 1430.64 97.11 1,527.75 43.65 
79,442.85 

 

Level 4 1/04/2021 1474.29 97.11 1,571.40 43.65 81,712.80 

92% 1/04/2022 1503.78 99.05 1,602.83 44.52 83,347.06 

The Overtime Hourly Rate arises from the change from the 35 ordinary hours roster to the 
38 ordinary hours roster.  

So that the Employees were not disadvantaged by this change in relation to overtime, it was 
agreed that overtime would be paid using the weekly salary/35 hours (and not 38 hours) as 
the hourly rate for overtime purposes.  This is the Overtime Hourly Rate set out in the table 
above. 

  








 

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2020-2023 

Maryvale Mill Mechanical 
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Continuous Shift Tradesperson 
 

Appendix "E" 
  








 

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1. SHIFT WORK (CONTINUOUS) 

1.1. Obligations  

1.1.1. After due notice (Clause 1.6.2a of Appendix E) employees may work a 
continuous shift roster as and when required. 

1.1.2. Continuous Shiftworkers for whom a shift immediately follows their own shall 
not leave their place of work for any reason whilst on duty without first being 
relieved of duty.  This period shall not exceed four hours. 

1.1.3. In the case of Continuous Shiftworkers, 5.5 paid overtime hours at the Overtime 
Hourly Rate are inbuilt per week into the annualised salary for mate cover i.e. 
sickness. It is expected Continuous Shiftworkers will arrange cover for up to the first 
four shifts to cover any unplanned personal leave in the first instance. This coverage 
cannot be divided over more than one round. The Company will arrange personal 
leave cover thereafter. For the purpose of this clause, unplanned will be deemed 
mate cover requiring less than 24 hours notice. 

1.1.4. Continuous Shiftworkers may be requested to work overtime and in such 
case will be paid at double the Overtime Hourly Rate. 

1.1.5. Relief Shiftworkers will continue to work in accordance with clause 19 on 
daywork, receive the continuous shift penalty and accept the same 
obligations as Continuous Shiftworkers including transfer to shift without 
penalty. 

1.1.6. For Deputy Shift Reliefs when required to work on shift for four shifts or less 
the employee will be paid overtime at double the Overtime Hourly Rate in 
accordance with this Agreement.  Where the employee is required to work 
more than four shifts they will be transferred to shift work in accordance with 
this Agreement. 

1.1.7. Continuous Shiftworkers shall notify impending absence from work as soon 
as they are aware that they will be unable to report for duty as rostered. 

1.2. Ordinary hours of work 

1.2.1. At the commencement of the Agreement ordinary hours of work for Continuous 
Shiftworkers shall not exceed thirty five (35) hours per week over a twelve 
month period.  During the operation of the 38 ordinary hours 4 day per week 
roster for Dayworkers, ordinary hours of work for Continuous Shiftworkers shall 
not exceed thirty eight (38) hours per week over a twelve month period.   

1.3. Change to rosters 

1.3.1. Notwithstanding any other provision of this agreement, a change to the 
continuous shift roster may only be made by agreement between the parties to 
this Agreement. 

The Unions covered by this Agreement must be informed by the Company of 
the intention to change the roster and be given a reasonable opportunity to 
participate in the negotiations regarding the change.  








 

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1.4. .Afternoon Shift and Night Shift allowances  

1.4.1. An employee who works on afternoon shift or night shift must be paid 15% 
extra for such shift.  

1.4.2. An employee who:  

1.4.2.1. during a period of engagement on shift, works night shift only; or  

1.4.2.2. remains on night shift for a longer period than four consecutive weeks; 
or  

1.4.2.3. works on a night shift which does not rotate or alternate with another 
shift or with day work so as to give the employee at least one third of their 
working time off night shift in each shift cycle,  

must, during such engagement, period or cycle, be paid 30% extra for all time 
worked during ordinary working hours on such night shift.  

1.5. Weekend and Public Holiday Rates  

1.5.1. Shift work penalties shall be paid at the following rates for ordinary time 
worked on: 

(i) Saturdays:  time and a half 

(ii) Sundays:  double time 

1.5.2. For Public Holidays the payment inclusive of penalties will be single time plus 
half time penalty plus the public holiday entitlement. 

1.6. Transfer from Day Work to Shift Work  

1.6.1. An employee (other than a designated Shift Relief) may be transferred from 
Daywork to Continuous Shiftwork, and in such cases shall be paid at  double 
time of the Overtime Hourly Rate for all time worked outside the ordinary 
Dayworker's hours: 

a) Until the expiration of seven days from the employees receipt of notification of 
such transfer; and 

b) such time shall be counted in the computation of the ordinary worked hours. 

1.6.2. An employee may be required to change from one shift to another, or from 
shift work to day work, provided that; 

a) The employee shall be given at least forty-eight hours' notice of such change, 
or shall be paid at the rate of double time of the Overtime Hourly Rate for all 
ordinary time worked after such change until the expiration of forty-eight 
hours' notice. 

b) Where such change requires that the employee shall work on a day which 
otherwise would have been a rostered day off, the employee shall be paid at 
the rate of double time of the Overtime Hourly Rate for all time worked on that 








 

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day unless the employee has received at least seven days' notice of such 
requirement. 

c) Where notice of a change of shift is cancelled within sixteen hours of the due 
time of commencement, the employee concerned shall receive four hours of 
the Overtime Hourly Rate. 

d) Clause 1.6.2a shall not apply to changes from day shift to day work, which 
may be made without penalty. 

2. OVERTIME 

2.1. Overtime - Continuous Shiftworkers 

2.1.1. For all work outside the ordinary hours, or in excess of the normal duration of 
the employee's shift, authorised overtime shall be paid to a Continuous 
Shiftworker at the rate of double time of the Overtime Hourly Rate except in 
cases where such time is worked by arrangement between the employees 
themselves.  

2.1.2. Provided that:- 

a) Where an employee is given notice to work on their rostered day-off and the 
notice is cancelled within sixteen hours of the time due for the employee to 
commence, the employee shall be paid four hours of the Overtime Hourly 
Rate. 

b) Where an employee is given notice to work the succeeding shift and the 
notice is cancelled, and as a consequence of the notice the employee has 
remained on the premises until the prescribed starting time, the employee 
shall be paid four hours of the Overtime Hourly Rate. 

3. TIME OFF IN LIEU (TOIL) 

3.1  TOIL shall apply to Relief Shift Workers only.  

3.2 Relief Shift Workers may exceed their paid rostered hours (as set out in 
clause 1 of Appendix D of this Agreement) as a result of work requirements. 
In this instance, Relief Shift Workers shall accrue TOIL. 

3.3 TOIL will be taken (on an hour for hour basis) as agreed with the manager 
responsible for shift maintenance. Overtime shall be treated in accordance 
with clause 21 of this Agreement. All accrued TOIL shall be exhausted and 
reviewed on a six monthly basis. 

3.4 The introduction and infinite working of this arrangement shall result in no net 
cost to the Company. 

4. MEAL BREAKS 

4.1. Meal Breaks for Shift Workers 

4.1.1. A Shift Worker shall not be required to work for more than five hours without 
taking a crib time.  Provided that by agreement between the Company and the 








 

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majority of employees in the plant, work section or sections concerned, an 
employee or employees may be required to work in excess of five hours but 
not more than six hours at ordinary rates of pay without taking a crib time. 

4.1.2. Each shift of more than four hours duration shall include a crib time of thirty 
minutes which shall be taken so as not to interfere with the operation of the 
plant. 

4.2. Subject to non-interference with the operation of the plant, a Shift Worker 
commencing or after completing a shift shall be entitled to a crib time either: 

a) at or about the commencement of the ordinary hours after working such overtime; 
or 

b) at or about the commencement of such overtime after completing the ordinary 
hours. 

5. LEAVE 

References to Shift Workers leave entitlements are detailed in Part 6 – Leave and 
Holidays. 

6. PUBLIC HOLIDAYS 

Refer to references in clause 32 - Public Holidays. 

7. SUPERANNUATION 

References to Superannuation can be found in clause 42. 

8. ANNUALISED SALARY AND ARRANGEMENTS 

Refer to Appendix D. 

  








 

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 Opal Australian Paper Enterprise 
Agreement 
2020 - 2023 

Maryvale Mill Mechanical 
Maintenance & Engineering Store 

 
Engineering Store 

 
Appendix "F" 








 

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The following Appendix forms part of this Agreement and relates to specific Engineering 
Store issues. 

1. Job Rotation 

1.1. To enhance people’s skills in the Engineering Store there will be a rotating job roster. 
This will be on a monthly rotation. 

1.2. For unforeseen circumstances, Store Personnel will fill positions needed to best meet 
the requirements of the Store. 

2. Career Path 

The Career Path applies to permanent Store persons and will be as follows: 

2.1. LEVEL 4 

2.1.1. This is an entry level position with a probation period of 3 months. A Store 
person must demonstrate required knowledge and skills before being eligible 
for promotion to level 3.  The decision to promote is to be made by the 
Engineering Store Superintendent. 

2.1.2. Undertakes training in stores procedures for; 

Manual Handling and Chemical awareness. 

2.1.3. Store person performs the following tasks under supervision: 

Housekeeping 
Stores Layout/ Location system 
Material Numbering systems/Material description systems 
Stores issue process 
Stocktaking activities, including cyclical and annual stocktakes. 
Participate in stores improvement projects as required. 

2.2. LEVEL 3  

2.2.1. All of the skills in level 4 and;  

Filing,  
stockpiling all stock items to bins as received.  
Computer inquiries,  
counter issues and receipts processes  
Use of email and opening /reading of attached documents (word/pdf/excel) 
forklift truck,  
mobile crane,  
Dogging 
Elevated Work Platforms 
Operates Engineering Store vehicles  
Delivery systems. 








 

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Storage and racking systems 
Preservation of stores stock 

2.2.2. The Store person must demonstrate required knowledge and skills and spend 
a nominal 12 months in level 3 before being eligible for promotion to level 2.  
The decision to promote is to be made by the Engineering Store 
Superintendent. 

2.3. LEVEL 2 

2.3.1. All of the skills in level 3 and; 

2.3.2. Initial receipt process(sign for delivery) 

2.3.3. Receive stock items, repaired items for stock, all special orders 

2.3.4. Attends to system prompts and transaction adjustments associated with the 
stores reservation system.  

2.3.5. Computer inquiries associated with receipts. 

2.3.6. Liaison with vendors on non technical matters. 

2.3.7. Refers technical issues to stores Technical officers 

2.3.8. Participates in the quarantine process. 

2.3.9. Vendor returns process Dispatch of incorrect and over supplied items to 
supplier. 

2.3.10. Dispatch of items for repair that are returned to the Engineering Store stock. 

2.3.11. Use of mobile crane for location in Store and delivery as required. 

2.3.12. The Store person must demonstrate required knowledge and skills and spend 
a nominal 12 months in level 2 before being eligible for promotion to level 1.  
The decision to promote is to be made by the Engineering Store 
Superintendent. 

2.4. LEVEL 1 

2.4.1. All of the skills in level 2 and; 

2.4.2. Supervise level 4  

2.4.3. Computer entry of issued requisitions and return to stock by stores return 
vouchers. 

2.4.4. Computer entry of Stores receipts and returns. 

2.4.5. Computer entry of stocktaking adjustments. 

2.4.6. Computer entry of locations and location changes. 

2.4.7. Transfer stock items to disposal. 








 

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2.4.8. Attend to all queries associated with receipts, issues, stock. 

2.5. LEADING HAND 

2.5.1. Level 1 employee’s will be provided an opportunity to train in this role to meet 
the business needs. The decision to train and promote to this role, rests with 
the Engineering Store Superintendent. 

2.5.2. The Leading Hand must possess all the skills in Level 1 and 

2.5.3. Provide direction and leadership to the Store Group on a day to day basis.  

2.5.4. The rate of pay that this classification will be rate of pay consistent with the 
Team Leader / Planner rate as contained in this agreement. 

2.6. CAREER PATH NOTES: 

2.6.1. Training will be provided to employees to meet the needs of the business and 
will be consistent with the Engineering Store career path strategy. 

2.6.2. The Company undertakes to identify skill gaps, and develop training plans to 
meet business needs. 

2.6.3. The Company acknowledges and recognises prior learning, experience, 
licences and the competencies displayed when determining the level of 
training required when deciding when to promote. 

2.6.4. The Company will consult employee representatives when developing training 
to achieve consistent standards, processes and procedures. 

2.6.5. No current level 1 stores employee shall be disadvantaged or demoted from 
their level or rate of pay going forward or after any restructure. 

2.6.6. The career path dictates that all aspects of Engineering Store work can be 
covered by persons at whichever level that is attained.  Store persons will be 
required to operate to best meet the requirements of the Store on a day to 
day basis. 

3. Engineering Store Overtime 

3.1. Overtime hours will be used at the discretion of the company; 

3.1.1. To support breakdowns that extends beyond the normal working day. 

3.1.2. For call in to support a breakdown. 

3.1.3. Shut Coverage (e.g. Annual Shuts, monthly Paper Machine shuts or other 
plant shuts) 

3.1.4. To complete any back log work and planned activities. 

3.1.5. The business will operate an afterhours access system for non stores 
personnel; based on the following principles: 

a) The purpose is to meet the urgent business need, breakdown, safety or 








 

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breach of operational licence. 

b) Access will be authorised and supervised by trained and authorised 
personnel. 

c) Plant will be operated by trained and authorised personnel. 

d) Stores employee representatives will be consulted prior to changes to the 
procedure. 








 

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 Opal Australian Paper Enterprise 
Agreement  
2020-2023 

 
Maryvale Mill Mechanical 

Maintenance &Engineering store 
 
 

Contractor Guidelines 
 

Appendix "G" 
 
  








 

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1. The Agreement identifies that use of Contractors on site can be a contentious issue.  It 

then includes general guidelines regarding consultation and the engagement of 
Contractors.  Despite these guidelines, the use of Contractors is an issue which gives 
rise to disputation.   

2. The key areas of disputation have historically included the following. 

 Is the work "maintenance or stores work covered by this Agreement"? 
 

 The selection of Contractors who do not have terms and conditions as favourable as 
the in-house employees.. 
 

 The expectation of Contractors that its terms and conditions of employment are 
commercial in confidence. 
 

 Management and the employee’s interpretation of what work is covered and not 
covered by the Agreement. 

3. Agreement provision 

3.1. The parties have agreed in the Agreement to the following:  

3.2. The Company shall only engage, and continue to utilise, a Contractor to do 
Work, who:  

a) pay wages and conditions to its employees.  
b) receive payments to itself (in the case of a sole trader/self-employed 

Contractor); and  
c) make payments to Sub-Contractors, 

that are no less favourable than that provided for in this Agreement for equivalent 
or similar work. 

3.3. Where the Company employs a Contractor or Sub Contractor to perform Work, 
the Company will ensure compliance with the above.  

4. Consultation  

4.1. Prior to Work being let to a Contractor, consultation will take place between the 
employee(s) and the Supervisor/Engineer of the relevant area(s). 

4.2. As part of the consultation process the Company has an opbjective to  to 
optimise the use of Opal Australian Paper employees labour on site as much as 
possible, however this is depending on the needs of the site in relation to plant 
integrity, shutdown, new work,or modifications.  

5. Work covered by this Agreement. 

5.1. Work is defined in the Agreement. In summary, "Work” means the general 
shutdown, start up, routine repair and maintenance of the assets and resources 
used at the Maryvale Mill and operated by Opal Australian Paper.  It includes 
shut activities routinely performed by employees covered by the Agreement. 

5.2. If the employees have traditionally performed the work, this constitutes Work. 








 

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5.3. Work is not defined by the volume of the work or the skills, experience or 

qualification of the person performing the work.  It is the work activity that is the 
key issue. 

6. Work not normally performed 

6.1. Work that is not included in the definition of Work is:  

 Specialist work; 
 work that requires specialist equipment that cannot reasonably be obtained 

by the Company;  
 work that is a major: 

o repair; 
o modification; 
o removal; or 
o replacement; 

of plant and equipment 
 capital work such as the installation of new equipment, upgrading of 

equipment and "cut-ins" to connect the existing plant to the new or upgraded 
equipment; 

 work of a civil nature; and 
 work performed away from Maryvale; 

6.2. 'Specialist work' means scaffolding, fire system related work, painting, overhead 
crane related repair and/or installation work, roller door related work, roll 
grinding, in situ machining, conveyor belt repair and replacement and/or 
communication/media equipment work or other specialist work that requires 
specialised skills or licensing not normally performed by the Employees. 

7. Payment of contractor employees 

7.1. If the contractor is performing Work, the Company will ensure that the Contractor 
complies with the following:  

 The Contractor:  
(a) pay wages and conditions to its employees;  
(b)  receive payments to itself (in the case of a sole trader/self-employed 

Contractor); and  
(c)  make payments to Sub-Contractors; 

 
that are no less favourable than that provided for in the Agreement for 
equivalent or similar work. 

7.2. If the Contractor is not performing Work as defined, there is no obligation upon 
Opal Australian Paper in relation to the contractor's employees.  Regardless, 
Opal Australian Paper will seek a commitment from the Contractor that they 
comply with the Fair Work Act and any applicable industrial instrument. 

8. Types of Contractors to be used 

8.1. The Company recognises the important role it plays as an Employer in the La 
Trobe Valley.  However, it competes in a global paper market.  It needs to source 
Contractors who are competitively priced and who can perform the work to the 








 

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required standard, in the required time frame and in a manner that is safe to the 
Contractor and its own employees.   

8.2. Subject to compliance with the obligation in the Agreement, the Company makes 
the final decision about the selection of Contractors following its consultation 
process in the Agreement.  This assessment is based on relevant criteria such 
as skills, quality, safety history, and ability to meet timeframes, knowledge, 
qualifications, experience, and cost.  Each piece of work will have different 
criteria. 

8.3. It is unlawful to select a Contractor on the basis of which Union has coverage or 
whether the Contractor has an Agreement (Union or non-Union) in place.  These 
will never be part of the Company’s criteria for selection.   

8.4. The Company will only engage contractors who operate lawfully and meet their 
Fair Work and Occupational Health and Safety Act obligations.   

9. Alternative dispute resolution procedure 

9.1. Without in any way limiting the dispute resolution procedure of the Agreement or 
the Company’s consultation obligations under the Agreement, the Company  will 
endeavour no later than 14 days prior to the commencement of a Contractor at 
the Maryvale Mill to advise the relevant Union delegate of the Contractor name, 
a brief description of the work and whether the work is covered or not covered by 
the Agreement. 

9.2. If the relevant Union disagrees with the decision about whether the work is 
covered or not covered by the Agreement, the Union should raise this within 48 
hours of its notification by the Company. 

9.3. The parties will confer to seek to resolve any disagreement about this as quickly 
as possible. 

9.4. In the event the parties cannot agree, either party continues to have access to 
the dispute resolution procedure in the Agreement. 

10. Management and employee education 

10.1. One of the key issues that arise is the day-to-day management of Contractors to 
ensure the Company and the employees who are covered by this Agreement 
adhere to their obligations in the Agreement.. 

10.2. The Company intends to develop in consultation with the Unions, a management 
and employee information pack.  This information pack is designed to ensure all 
decision makers have first-hand knowledge so that decisions will be made 
consistent with the obligations in the Agreement. 

 

Cases cited by this decision: