State
Transit Authority Division of the New South Wales Government Service Bus
Engineering and Maintenance Enterprise (State) Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by State Transit Authority of NSW.
(No. IRC 83
of 2014)
Before The Honourable
Justice Walton, President
|
26 February 2014
|
AWARD
PART A
1. Award Title
This Award is entitled the "State Transit Authority
Division of the New South Wales Government Service Bus Engineering and
Maintenance Enterprise (State) Award 2014".
2. Arrangement
Clause No.
Subject Matter
1. Award
Title
2.
Arrangement
PART I - APPLICATION
AND OPERATION OF AWARD
3.
Anti-Discrimination
4. Area,
Incidence and Duration
5.
Introduction
6.
Contestability
PART II - FLEET
OPERATIONS DIVISION - FUNCTIONS, PERFORMANCE AND FLEXIBILITIES
7. Work
Practices
8.
Application Of Skills
9.
Flexibility
10. Job Time
Recording
11. Job Costing/Time
Recording
12. Performance
Indicators
13. Bench Marking
14. Special
Maintenance Programs
PART III -
MAINTENANCE CLASSIFICATIONS
15. Fleet Operations
Division
16. Career Path
17. Career Path
Development
18. Classification
Definitions
PART IV - EMPLOYMENT
RELATIONSHIP
19. Employer and
Employee Duties
20. Performance of
Work
21. Employment
Relationship
22. Contracting
23. Apprenticeships,
Traineeships and Cadetships
24. Adult Apprentice
Wage Rates
25. Apprentices
26. Temporary Staff /
Employees
27. Non Trade Related
Bus, Yard and Depot Facilities Functions
28. Abandonment of
Employment
29. Termination of
Employment
30. Job Security
PART V - HOURS OF
WORK, BREAKS, OVERTIME, SHIFTWORK AND RELATED MATTERS
31. Ordinary Hours of
Work
32. Shift Work
33. Overtime
34. Saturday Time
35. Sunday Time
36. Rosters
37. Rostering
Arrangements
38. Change of shift
39. Higher
Duties
40. Attending Office
41. Meal and Rest
Breaks
PART VI - LEAVE AND
PUBLIC HOLIDAYS
42. Annual
Leave
43. Long Service
Leave
44. Personal Leave
45. Parental Leave
46. Maternity Leave
47. Adoption Leave
48. Domestic Violence
Leave
49. Jury Service
50. Blood Donors
Leave
51. Public Holidays
52. Clearance of
Public Holidays and Picnic Days
PART VII - WAGES AND
RELATED MATTERS
53. Payment of Wages
54. Wage Increases
55. Salary Sacrifice
for Superannuation
56. Wage Rates
57. Supported Wage
Systems
58. Allowances
PART VIII - TRAINING
59. Training
60. Training Costs
61. Learning and
Development Committee
62. Training for
Relief Leading Hands
PART IX -
COMMUNICATION / CONSULTATION
63. Consultative
Mechanism and Procedure
64. Communications
and Consultation
65. Consultative
Committee
66. Productivity
Committee
67. Introduction of
Change
68. Delegates
69. Right of Entry of
Union Officials
PART X - GENERAL
70. Drugs and Alcohol
71. Renegotiation
72. Dispute
Settlement Procedure
73. No Extra Claims
PART B
Schedule A - Wages and Allowances Tables
Schedule B - Maintenance Structure (See File)
Part I - APPLICATION AND OPERATION OF AWARD
3. Anti-Discrimination
3.1 It is the intention of
the parties bound by this Award to seek to achieve the object in section 3(f)
of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
3.2 It follows that in
fulfilling their obligations under the Dispute Resolution Procedure prescribed
by this Award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this Award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the Award, which, by its terms or operation, has a direct or
indirect discriminatory effect.
3.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an Employee because the Employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
3.4 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
3.4.1 Nothing in the Act affects any other
act or practice of a body established to propagate religion that conforms to
the doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
3.5 Nothing in this clause
is to be taken to affect:
3.5.1 any conduct
or act which is specifically exempted from Anti-Discrimination legislation;
3.5.2 offering or
providing junior rates of pay to persons under 21 years of age;
3.5.3 a party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
3.6 This clause does not
create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
4. Area, Incidence and Duration
4.1 This Award comes into
force from 1 January 2014 and shall remain in force until 31 December 2015, and
rescinds and replaces the State Transit Authority Division of the New South
Wales Government Service Bus Engineering and Maintenance Enterprise (State)
Award 2013, published 5 April 2013, (375 I.G. 437).
4.2 This Award is binding
upon:
4.2.1 the State
Transit Authority Division of the New South Wales Government Service, Transport
for NSW (the Employer) and;
4.2.2 Employees of the State Transit
Authority Division of the New South Wales Government Service, Transport for NSW
who are engaged in any of the classifications or occupations specified in this
Award, and
4.2.3 the Rail,
Tram and Bus Union (NSW Branch), and
4.2.4 the
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union,
New South Wales Branch, and
4.2.5 the
Electrical Trades Union of New South Wales, and
4.2.6 the
Construction, Forestry, Mining and Energy Union (NSW Branch), and
4.2.7 The Australian Workers Union, New
South Wales.
5. Introduction
5.1 The parties
acknowledge the following provisions underpin the effective operation of this
Enterprise Award:
5.1.1 The parties will continue to work
toward securing State Transit’s long term viability by ensuring State Transit
meets its performance requirements under the Metropolitan Bus Systems Contract
regime (MBSC) and the Outer Metropolitan Bus Systems Contract regime (OMBSC).
5.1.2 The parties are committed to upholding
State Transit’s values to be honest, dependable and dedicated.
5.1.3 The need for ongoing and continuous
change and reform is acknowledged and the parties are committed to positively
and constructively support initiatives designed to improve service efficiency
and State Transit’s financial position.
5.1.4 It is acknowledged that the process of
change and reform will impact on organisational structure, position gradings and staff numbers.
5.1.5 The parties are committed to the
Government’s policies on redeployment and redundancy:
(a) Part time and casual
Employees will not be used to disadvantage redeployment opportunities for
existing Employees;
(b) Preference will be
given to retraining and redeployment in lieu of redundancy.
5.1.6 The parties acknowledge that changes
to timetables, rosters and work arrangement are necessary from time to time to
meet operational requirements. When these changes occur it is the Employer’s
intention to build rosters in accordance with existing Award conditions, as
efficiently as practicable, while attempting to minimise any adverse impact on
income levels resulting from the implementation of such changes.
5.1.7 There is no commitment to
predetermined levels of overtime or shift work arrangements and the Employer
will determine whether overtime is to be worked on an as needs basis, while
shifts are determined by operational requirements.
5.1.8 Initiatives identified and used to
offset wage increase in prior Industrial Instruments that have not been
implemented will not be relied upon to justify and support wage increases in
this Award. It is acknowledged that should such initiatives be introduced and
the benefit gained from such initiatives exceed
expectations when previously proposed, that the superior outcome be taken into
account when considering future wage increases.
5.1.9 Any wage increase agreed to in this
Award will be generated by improvements and efficiencies in the way Employees
undertake the work required to be performed.
6. Contestability
The parties acknowledge that, in accordance with New
South Wales Government Service Competition Policy, non-core activities may be
subjected to contestability against external service providers from time to
time.
PART II - FLEET OPERATIONS DIVISION - FUNCTIONS, PERFORMANCE AND
FLEXIBILITIES
7. Work Practices
7.1 It is acknowledged
there have been significant changes by Employees in the areas of multi-skilling
and flexible work practices. In order to allow cost-effective maintenance and
repairs to the State Transit bus fleet, the parties agree that all Employees
will perform their allocated duties in an efficient and timely manner in order
to ensure quality standards are met.
7.2 The parties agree that
no artificial barriers will be created to inhibit Employees carrying out duties
in which they are competent. Competence is acknowledged as being suitably
qualified, licensed (where applicable) or having received any other recognised
training either on-site or off-site.
8. Application of Skills
The parties acknowledge there is a joint commitment to the
development of a highly skilled and flexible workforce with a need to provide
Employees with greater employment opportunities through appropriate training.
In addition there is a need to remove barriers that prevent Employees from
fully utilising their acquired skills.
9. Flexibility
9.1 From time to time when
performing repairs or replacement of units there is a need for assistance.
Where a tradesperson is performing work and requires assistance, that
assistance can be in the form of another tradesperson from the same trade, or
another trade, or a non-trade Employee.
9.2 Engineering Repair
Assistants who are interested in being trained in Storeperson’s
work (receive, pick, issue) for the purpose of carrying out relief to that
position, will be trained and when required, perform this work.
9.3 Employees covered by
this Award who are interested in being trained to assist in the stock take of
the store, will be trained and undertake the work when required.
9.4 Changeovers - Where a
tradesperson is not available, changeovers and retrievals may be performed by
any Employee who holds the necessary licence for the bus concerned. Where the
defect has a safety implication (eg Brakes, Steering)
a motor mechanic is to be utilised.
9.5 Transfer of buses -
Any State Transit Employee, who holds the necessary licence for the bus
concerned, may be utilised to transfer buses between Depots or from Depot to
contractor and return.
9.6 Rostering - The
parties acknowledge that the ability of State Transit to meet its obligations
in providing a safe and efficient bus service is reliant on many different
components. An area of particular importance in a garage is the need to have in
place rosters that are arranged in such a manner, to ensure that the most
economical and appropriate level of coverage is available.
9.6.1 Where rosters at a location do not
adequately meet this requirement, they will be reviewed and constructed within
Award requirements, to achieve the desired level of coverage.
9.6.2 State Transit recognises the need for
consultation with staff prior to the introduction of changes to rosters. As
part of that consultative process there is a need to take into consideration
the business needs of State Transit and also not to place unreasonable demands
upon Employees.
9.6.3 Where the parties cannot agree on
appropriate rosters the Dispute Settlement Procedure as contained in Clause 72
is to apply.
9.7 Distribution of Work -
In the absence of supervisory staff, tradespersons on duty will distribute work
amongst staff to ensure bus operational requirements are met.
10. Job Time Recording
An agreed system of
job time recording is in place at garages to effectively monitor time involved
in the various repair functions. The system is used as an accounting and
planning tool and not for the assessment of individual performance. Any
alteration or introduction of new technology in relation to job time recording
will be undertaken in consultation with Employees and their representatives.
11. Job Costing/Time Recording
11.1 The time taken to perform the
particular task/s is to be imputed into Ellipse as part of the maintenance process
by the Leading Hand or tradesperson.
11.2 Roads and Maritime Services or
its successor and Transport for New South Wales requirements are to be met when
establishing the processes.
11.3 Facilities are to be provided
at Depots and staff utilised to input the information.
12. Performance Indicators
12.1 It is agreed by the parties that
the spirit and intent of this Award is to meet the standards and service
criteria contained in subclauses 12.2.
12.2 The parties will fully co-operate
in this process and commit themselves to make every endeavour to meet standards
set for the term of this Award.
12.2.1 Workers Compensation costs and lost time due to injury
The parties commit themselves to achieving a reduction
in Workers Compensation costs. The number of claims, their implications and
associated days lost due to compensable injuries determines these costs.
Therefore a reduction in costs, days lost and
compensation claims are to be achieved through the following:
(a) Monitoring of injury
statistics to identify major causes of injuries and how those injuries can be
prevented.
(b) Early intervention to
sponsor an early return to work in accordance with WorkCover
Rehabilitation Guidelines.
(c) Work Health
Safety (WHS) training for convenors, chairpersons and members of (WHS)
Committees to assist in the identification and correction of hazards at the
workplace.
12.2.2 Bus Reliability
Reliability and availability of buses is a critical
factor in providing and maintaining the required level of customer service. The
current level of changeovers needs to be reduced to avoid dislocation and
cancellation of services.
It is proposed that changeovers need to be reduced by
giving priority to defects that impact on fleet availability. It is
acknowledged some defects are due to component failure and therefore
investigation as to the quality of the product and alternate suppliers need to
be constantly evaluated.
12.2.3 Bus Peak Requirements
The operating needs of Depots within the Division vary
considerably due to customer demand within their area of operation. While the
fleet size of each Depot varies, there are definite AM and PM periods during
which the highest number of buses are required to meet
service needs.
To ensure sufficient mechanically sound, safe and
presentable buses are available to meet service requirements at each Depot on a
daily basis, the parties are committed to monitor results, through the
consultative process, to identify and rectify impediments to achieve the bus
peak requirements.
13. Bench Marking
13.1 The bench marking of performance
is a common application used by organisations to determine the level of
performance within their organisation and how they compare with outside
organisations. In doing so it provides the ability to identify total costs and
performance and compare those with outside industry. It also provides the
opportunity to identify particular functions within the organisation that may
be at variance within that organisation or where those functions are performed
by outside industry.
13.2 There is a commitment by all
parties to improve performance by identifying best practice which represents
cost effectiveness and quality in both job time and work practice and adopt
them as early as possible, as the standard across every Depot.
14. Special Maintenance Programs
14.1 From time to time there is a
requirement for specific programs to be put in place to perform modifications
to the bus fleet. To effect these repairs there is
normally a team approach, with the team working under the guidance of a core
tradesperson who would normally perform the work. This arrangement has proven
effective in addressing the modification requirements and at the same time
providing an opportunity for all staff to be involved and have ownership of the
process.
14.2 If programs are required to
modify the fleet it is proposed that the abovementioned teams approach may be
applied in accordance with clause 7. Prior to the commencement of such work
full details of the program and work to be performed is to be presented to the
Depot Consultative Committee.
PART III - MAINTENANCE CLASSIFICATIONS
15. Fleet Operations Division
15.1 The current structure for the
Fleet Operations Division is shown in the organisation chart at Schedule B of
this Award.
15.2 The structure for the Fleet
Operations Division will include the position of Leading Hand undertaking
supervisory and trades based work.
15.3 For the purpose of the payment of
annual increment increases for Leading Hands, performance assessments are to be
completed by the Service Manager prior to each Employee’s anniversary of
appointment to his/her current position.
15.4 Vacant Leading Hand positions
will be recruited from relief Leading Hands. In the event there are no Leading
Hand applications, the positions will be filled by advertising the vacancy
internally in the first instance, and then externally.
15.5 Permanent and Relief Leading
Hands will have access to State Transit’s Management Development Training.
15.6 Relief Leading Hand positions
will be advertised within each respective Depot.
16. Career Path
16.1 Access to normal career paths for
Employees covered by this Award will be in accordance with Schedule B.
16.2 Schedule B does not seek to limit
Employee’s access to other career path opportunities that may be available
under State Transit’s Merit Selection Policy, Higher Duties Policy, or Study
Assistance Policy.
16.3 Management is to maintain an
inventory of individual qualifications and skills for future career development
and utilisation of staff to achieve maximum performance.
17. Career Path Development
17.1 In this Award, the career path
structure will contain five generic classifications, being:
17.1.1 Engineering Repair Tradesperson Mechanical
17.1.2 Engineering Repair Tradesperson Electrical
17.1.3Engineering Repair Tradesperson Vehicle
Building/Fabrication
17.1.4Engineering Repair Assistant
17.1.5Storeperson
17.2 Each of the above classifications
shall have a number of skill levels attached, which recognises and defines the
relevant experience, qualifications and rates of pay.
17.3 Trades or streams for
tradespersons are as follows:
17.3.1 Engineering Repair Tradesperson Mechanical (Mechanic,
Fitter)
17.3.2 Engineering Repair Tradesperson Electrical (Auto Electrical,
Electrical Mechanic, Electrical Fitter)
17.3.3 Engineering Repair Tradesperson
Bodybuilding/Fabrication (Body Builder, Panel Beater, Trimmer, Painter, Vehicle
Painter, Welder, Plumber, Carpenter).
17.4 Subject to subclause 17.6 and the
competency of the Employee, to provide for genuine and equitable career path
opportunities, all Tradespersons and Engineering Repair Assistants covered by
this Award consistent with the career path structure will progress from the
lowest skill level to the highest skill level in their classification within a
reasonable period.
17.5 All Employees will be required to
perform the duties within their appropriate classification when called upon to
do so by the Employer.
17.6 The Employer will determine the
establishment for each level of Engineering Repair Assistant employed to
undertake bus cleaning functions and progression from the lowest skill level to
the highest skill level will be subject to vacancy at the respective level as
determined by the Employer.
18. Classification Definitions
18.1 Engineering Repair Tradesperson
Level 1:
18.1.1 Craftperson who holds a trade
certificate or tradeperson rights certificate in one
of the single facet trades within a broad based trade in one of the
electrical/electronic mechanical or vehicle building/fabrication engineering
streams and is able to exercise skills and knowledge of that trade at the base
trade level.
18.1.2 Applies quality assurance practices, exercises good
interpersonal communication skills, exercises basic keyboard skills as
required, exercises discretion within the scope of their trade, performs work
under general supervision either individually or in a team environment,
utilises lifting equipment incidental to their work, performs non-trade tasks
incidental to their work, eg good housekeeping.
18.1.3 On the job training provided
to enable incidental and peripheral tasks to be performed for completion of the
primary task.
18.1.4 A craftperson from the
electrical/electronic stream shall automatically progress to level 2 on
satisfactory completion of the probation period.
18.2 Engineering Repair Tradesperson
Level 2:
18.2.1 Craftperson working within
one of the three broad engineering streams, integrating work functions to a
practical degree across allied trades within that stream to provide sufficient
flexibility to accommodate the completion eg tasks
within the stream and/or performing higher level technical tasks within a core
trade stream.
18.2.2 Levels of integration of skills across allied trades
and higher level tasks have yet to be detailed,
however, it is proposed that each tradesperson will work within all facets of
their trade as a basic requirement.
18.2.3 Has completed skill modules relevant to the position.
Responsible for minor testing and quality assurance of own work, assists in the
provision of on-the-job training in conjunction with trainers and others,
performs and assists in the basic production and materials scheduling and the
documentation of records associated, all duties of Level 1 craftperson
within the same engineering stream as required, exercises discretion within the
scope of this grade, works under general supervision either individually or in
a team environment, provides trade guidance and assistance as part of a work
team, undertakes fault finding testing and inspections within their trade team.
18.3 Engineering Repair Tradesperson
Level 3
18.3.1 Craftsperson working with levels of integration skills
into other streams to allow completion of tasks across a broad stream base
and/or perform additional higher level tasks within a core trade.
18.3.2 Level of integration of skills across allied trades and
streams and higher level tasks have yet to be detailed, however, it is proposed
that each tradesperson will work within all facets of their trade as a basic
requirement. Has completed skill modules relevant to the position, assists in
the provision of training in conjunction with trainers and others, performs and
assists in production and materials scheduling and the documentation of records
associated, responsible for testing, diagnoses and fault finding of own work,
understands and implements casualty control techniques.
18.3.3 Performs all functions of Level 1 and Level 2 within
the same stream required. Provides trade guidance and assistance as part of a
work team, works under general supervision either individually or in a team
environment, utilises high precision trade skills using various materials and
or specialist techniques, where applicable to the industry eg,
applies basic computer numerical control and numerical control techniques.
18.3.4 Where applicable, be the holder of appropriate Motor
Vehicle Repair Industry Authority Certificate.
18.3.5 Optional supervisory training available, which is not a
criteria for progression to Level 4.
18.4 Engineering Repair Tradesperson
Level 4
18.4.1 Craftsperson working in other streams to complete the
whole task within their skill levels and/or performing tasks of a high technical
nature, e.g. condition monitoring, fault finding and diagnosis, performance
testing and repair.
18.4.2 Has completed skill modules or other training relevant
to and required by the position, assists in the provision of on-the-job
training in conjunction with trainers and others, performs and assists in
production and materials scheduling and the documentation of records
associated, prepare reports of a high standard, provides trade guidance and
assistance as part of a work team, responsible for quality assurance functions,
typically performs operations on machinery or equipment which utilises complex
electrical/electronic circuitry or hydraulic/pneumatic controls and exercises
technical skills with associated programming, works under limited supervision
either individually or in a team environment, works on complex or intricate
interconnected electrical circuits.
18.4.3 Works on instruments, which make up a complex control
system, which utilises some combinations of electrical, electronic, mechanical
or fluid power principles, applies advanced computer numerical control
techniques, works on complex radio/communication equipment.
18.5 Leading Hand
18.5.1 Craftsperson undertaking trades based work at Level 4
and supervisory duties above and beyond an Employee at Level 4. Leading Hands
have completed management development or related training and undertakes
training of other Employees to the level of his/her skills.
18.5.2 Supervises, develops and co-ordinates the performance
of trades, non-trades maintenance Employees and contractors on a daily basis,
as required, to ensure timely and efficient completion of tasks. Undertakes
administrative tasks and maintains all associated maintenance records to
support daily operations. Assists management with all activities in
implementing organisational strategies, coordinates workshop resources and
activities to support business requirements.
18.5.3 Craftsperson working at Level 4 efficiently performing
tasks of an advanced technical nature to meet operational, business and
regulatory requirements.
18.6 Engineering Repair Assistant -
Level 1 (new Employees)
18.6.1 Relativity - Approximately 80% of tradesperson’s Award
rate ERT Level 1.
18.6.2 An Employee at this level performs routine duties essentially
of a manual nature and to the level of his/her training. An Employee will
remain in this classification for a minimum period of six months and a maximum
period of eighteen months. During that period of service his/her duties will
include:
(a) General labouring
(b) Routine cleaning of
buses, Depot facilities including amenities
(c) Exercising
minimal judgement
(d) Working under direct
supervision
(e) Undertaking
structured training so as to enable progression to Level 2, subject to
subclause 17.6.
18.7 Engineering Repair Assistant -
Level 2
18.7.1 Relativity - Approximately 85% of tradesperson’s Award
rate ERT Level 1.
18.7.2 An Employee at this level will have completed up to
three months of structured training so as to enable the Employee to perform
work within this level. An Employee at this level performs work above and
beyond the skills of an Employee at Level 1 and to the level of his/her
training. Duties will include:
(a) All labouring,
cleaning, fuelling and Depot driving either individually or in a team
environment;
(b) Undertaking basic
quality control/assurance procedures for his/her work environment;
(c) Maintaining
basic record systems;
(d) Operating Machinery eg Industrial Sweeper, Bus Wash, Industrial Vacuum, Lifting
Appliances, Streamspray, Hand Trolleys, Pallet
Trucks;
(e) Holders of Class
C licences may be required to drive vehicles up to 2 tonnes, unloading store
trucks;
(f)
Works under direct supervision or individually under general supervision;
(g) Undertakes
training so as to enable progression to Level 3, subject to subclause 17.6.
18.7.3 Trainee Storeperson will
perform basic inventory control and record keeping, receiving, dispatching,
issuing, distributing, sorting, checking, packing, documenting and recording of
stores, materials and components.
18.8 Engineering Repair Assistant -
Level 3
18.8.1 Relativity - Approximately 87.5% of tradesperson’s
Award rate ERT Level 1.
18.8.2 An Employee at this level will have completed a
technical college certificate or up to 6 months equivalent of structured
training so as to enable the Employee to perform work at this level. An
Employee at this level performs work up to, including and beyond the skills of
an Employee at Level 2 and to the level of his/her training. Duties will
include:
(a) Labouring, cleaning,
fuelling, Depot driving as required;
(b) Operating machinery
and equipment requiring the exercise of skills and knowledge beyond that of an
Employee at Level 2;
(c) Undertaking
quality control/assurance procedure for his/her work;
(d) Exercising discretion
within his/her level of skills of training;
(e) Maintaining
record systems;
(f) Performing
oiling and greasing functions;
(g)
Assisting tradespersons as required, exercising some non-trades engineering
skills;
(h) Basic keyboard skills
and data entry of records;
(i)
Operating mobile equipment;
(j) Working under
routine supervision either individually or in a team environment;
(k) Assisting in the
provision of on-the-job training for Levels 1 and 2 in conjunction
with tradespersons and supervisor trainees;
(l) Undertakes
training so as to enable progression to Level 4, subject to subclause 17.6.
18.9 Engineering Repair Assistant -
Level 4
18.9.1 Relativity - Approximately 92.5% of tradesperson’s
Award rate ERT Level 1.
18.9.2 An Employee at this level will have completed a
technical college certificate or up to twelve months equivalent of structured
training so as to enable the Employee to perform work at this level. An
Employee at this level performs work above and beyond the skills of an Employee
at Level 3 and to the level of his/her training. Duties will include:
(a) Performing tasks using
basic written, spoken or diagrammatic instruction in conjunction with
supervisors/trainees;
(b) Coordinating work in a
team environment or works individually under minimal supervision;
(c) Being
responsible for assuring the quality of his/her own work and performs basic
quality checks on the work of others, supervising cleaning operations;
(d) Using tools and
equipment within the scope (basic non-trades) of maintenance of vehicles;
(e)
Stripping/rebuilding tyres to rims, carrying out minor repairs to tyres,
changing wheels and all work associated therewith;
(f)
Maintaining record systems and compile reports;
(g)
Performing all lubrication and fuelling functions;
(h)
Operating machinery and equipment including lifting equipment, fork lift and
cranes.
18.10 Storepersons
- Jointly developed Employer and Employee competencies for Storeperson
Level 1 and 2 will be utilised to assess and develop Storepersons
covered under this Award.
18.11 Storeperson
Level 1
18.11.1 Relativity - Approximately 92.5% of Tradespersons
Award rate ERT Level 1.
18.11.2 An
Employee at this level will have completed a technical college certificate or
up to twelve months structured training so as to enable the Employee toperform work at this level. An Employee at this level
performs all of the work of ERA Level 4 and to the level of his/her training
and stores duties as follows:
(a) Licensed operation of
all materials handling equipment;
(b) Using tools and
equipment within the scope of the stores operations;
(c) Intermediate
computer and keyboard skills;
(d) Driving vehicles of up
to 10 tonnes capacity;
(e) Locating,
receiving, checking, issuing and despatching and delivery of stores;
(f) Arranging
routine transport as required;
(g) Maintaining
inventory systems, stock levels, undertaking stock checking, stock taking, and
cycle counting functions as required;
(h) Responding to stores
customer needs as required;
(i)
Maintaining record systems and files;
(j) Using a range of
office equipment;
(k) Planning and
organising personal work activities;
(l) Following
organisational stores procedures;
(m) Applying organisational WHS,
environment, dangerous goods and regulatory procedures;
(n) Training stores
personnel within skill levels.
18.12 Storeperson
- Level 2
18.12.1 Relativity- Approximately 98.6% of tradesperson’s
Award rate ERT Level 1.
18.12.2 An
Employee at this level will have completed a relevant technical college
certificate, or possess experience at Storepersons
Level 1 having received twelve months structured training so as to enable the
Employee to perform work at this level. An Employee at this level performs all
of the work of Storeperson Level 1and to the level of
his/her training and the stores duties as follows:
(a) Drafting
correspondence;
(b) Producing reports,
using and analysing information;
(c) Planning and
organising team or personal work activities;
(d) Maintaining
warehouse/stores workflow;
(e) Planning,
organising and locating stock in warehouse/store sub sections as required;
(f) Identifying and
rectifying problems and deficiencies with storage and supply;
(g) Implementing
routine solutions and monitoring effectiveness;
(h) Recommending and
applying specific product and inventory knowledge to respond to stores and
customer needs;
(i)
Arranging unusual or non-routine transport as required;
(j) Applying and
promoting quality and continuous improvement;
(k) Identifying
development needs of, and training stores personnel, assisting with evaluation
and records.
PART IV - EMPLOYMENT RELATIONSHIP
19. Employer and Employee Duties
19.1 With the exception of Casual
Employees, all Employees covered by this Award shall be deemed to be employed
by the week.
19.2 The Employer may direct an
Employee to carry out such duties where practical, as are within the limits of
the Employee’s skills, competence and training consistent with the
classification levels.
20. Performance of Work
All Employees shall
carry out the duties as directed by their supervisor/manager, provided the
duties to be performed are within their skill, competence and training.
21. Employment Relationship
21.1 Subject to the terms contained in
this clause an Employee covered under this award can be engaged on a full time,
part time, casual (subject to clause 27) or temporary basis (subject to clause
26).
21.2 All Employees covered under this
award can be employed on a part time basis on request, in accordance with Part
5 of the Industrial Relations Act 1996 (NSW), subject to the agreement
of the Employer.
21.3 Part time employment may be
offered to Engineering Repair Assistants employed to undertake bus cleaning
functions.
21.4 Nothing in this Award prevents a
party to this award from making an application in accordance with section 21(1)(f) of the Industrial Relations Act 1996 (NSW) for
part time Employees in other areas covered by this Award.
21.5 Employees engaged on a part time
basis will work, on average, less ordinary hours per week than Employees
engaged on a full-time basis (i.e. less than 38 ordinary hours per week), and
receive on a pro rata basis the equivalent pay and conditions of full time
Employees of the same classification.
21.6 Part time Employees will only be
entitled to overtime rates for hours worked where a full time Employee would
ordinarily receive overtime rates had they worked those hours (eg more than 38 hours per week).
22. Contracting
22.1 Maintenance work may be
contracted out to meet peak demands, special projects and the need for
specialised skills unavailable in house.
22.2 Wherever practicable the Employer
will use existing Employees to carry out work within their capabilities to
achieve the requirements of genuine productivity targets and benchmarks aligned
with the objectives of corporate goals and bus reform initiatives.
22.3 Prior to work being contracted
out, management will consult with the relevant union delegates on the scope of
work, reason and circumstances for the decision.
22.4 Every effort will be made to
minimise the use of contractors by adopting a skill transfer strategy to ensure
that specialised skills held by contractors are transferred to Employees where
appropriate.
23. Apprenticeships, Traineeships and Cadetships
23.1 The Employer is committed to the
apprenticeship program. The number of apprentices is based on business needs
and natural attrition rates or qualified trade Employees.
23.2 During the life of the Award, the
Employer is prepared to review the yearly intake of apprentices.
23.3 The engagement of apprentices and
trainees is governed by the applicable NSW legislation.
23.4 Apprentices and trainees
undertake training in compliance with the Australian Quality Training Framework
(or equivalent) as amended from time to time.
23.5 Where the Employer proposes to
employ apprentices or trainees in a new classification, State Transit will
consult with the relevant Union/s on the proposal.
23.6 The Employer may employ trainees
using the Australian Apprenticeship Incentive Program (AAIP) or equivalent,
where applicable. AAIP allows existing Employees to be considered as trainees
for the purpose of acquiring recognised industry qualifications. This does not
alter the classification or entitlements of existing Employees.
23.7 The minimum weekly wage for an
apprentice will be derived by applying the relevant yearly percentage (%) shown
below, to the rate of pay of a
Engineering Repair Tradesperson Level 1, as shown in Schedule A. This pay rate
will be exclusive of any relevant allowances payable, eg
Industry Allowance and Tool Allowance.
YEAR
|
PERCENTAGE
|
|
|
First Year
|
50%
|
Second Year
|
60%
|
Third Year
|
75%
|
Fourth Year
|
88%
|
24. Adult Apprentice Wage Rates
24.1 Where an Employee is engaged
under this Award as an Engineering Repair Assistant or Storeperson
prior to becoming an adult apprentice, they shall receive which
ever is the greater between the rate of pay for the position previously
held and that for an apprentice.
24.2 Subject to the exclusion of adult
apprentices nominated under this Award, all other adult apprentices shall be
paid which ever is the greater of an Engineering
Repair Assistant Level 2 as provided for under this Award, or the rate of an
Apprentice.
24.3 An adult apprentice is an
apprentice engaged by State Transit after turning 21 years of age.
25. Apprentices
25.1 Apprentices shall be employed in
one or more of the following trades: Electrical Fitter, Electrical Mechanic,
Motor Mechanic, Auto Electrician, Body Builder, Panel Beater, Vehicle Painter
and any other calling to meet the Employer’s trade requirements.
25.2 The probationary period of an
apprentice shall be as set out in the training agreement or contract of
apprenticeship consistent with the requirement of the apprenticeship authority
and with State legislation but shall not exceed three months.
25.3 All apprentices shall attend the
appropriate technical courses.
25.4 The terms of this Award will
apply to apprentices, including adult apprentices, except where it is otherwise
stated or where special provisions are stated to apply. Apprentices may be
engaged in trades or occupations provided for in this clause where declared or
recognised by an Apprenticeship Authority. Subject to appropriate State
legislation, the Employer shall not employ an unapprenticed
junior for a trade or occupation provided for in this clause.
25.5 Apprentices attending technical
colleges or schools or registered training organisations or TAFE and presenting
reports of satisfactory conduct shall be reimbursed all fees paid by them.
25.6 Except as provided in this clause
or where otherwise stated all conditions of employment specified in the Award
shall apply to apprentices. Notice of termination and redundancy provisions
shall not apply to apprentices. The ordinary hours of employment of apprentices
shall not in each enterprise exceed those of the relevant tradesperson.
25.7 The wage rates of apprentices as
specified in subclause 23.7 may be varied with the approval of relevant parties
to the Award according to the apprentice affected, and the relevant
apprenticeship authority to allow for progression between wage levels based on
the gaining of agreed competencies and/or modules instead of the year of the
apprenticeships. For example, the appropriate proportion of the minimum
training requirement associated with the year of the apprenticeship could only
be used to identify progression from one percentage rate to the next.
25.8 No apprentices under the age of
18 years shall be required to work overtime or shift work unless they so
desire. No apprentice shall, except in an emergency, work or be required to
work, overtime, or shift work, at times, which would prevent their attendance
in training consistent with the contract of the training agreement.
25.9 No apprentice shall work under a
system of payment by results.
25.10 Lost time apprentices are
required to serve an additional day for each day of absence during each year of
their apprenticeship, except in respect of absences due to Annual Leave or Long
Service Leave. The following year of their apprenticeship does not commence
until the additional days have been worked. However, any time that has been
worked by the apprentice in excess of their ordinary hours shall be credited to
the apprentice when calculating the amount of additional time that needs to be
worked in the relevant year.
26. Temporary Staff / Employees
26.1 It is agreed that temporary staff
can be employed within the Bus Engineering Division.
Temporary staff will be recruited for special project
work of a fixed duration that is over and above normal work requirements of
full time Employees, or where there is a shortage of staff due to sickness,
Extended Leave etc. that will entail or involve greater than four weeks work. The
employment of temporary staff will not impinge upon permanent Employees but
will serve as a management tool to reduce excess hours of work and to meet work
requirements. The following conditions are to apply to the employment of
temporary staff:
26.2 Subject to subclause 26.1.2
herein Employees and Employee representatives are to be consulted 30 days prior
where special projects are involved, seven days when staff shortage occurs due
to long term unforseen circumstances, before
employing temporary staff.
26.1.2
All avenues of using existing State Transit Employees are to be explored.
26.1.3
Temporary Employees are to be directly employed by State Transit.
26.1.4
Temporary Employees will be entitled to the same wages and conditions of full
time Employees, except for study assistance and appeal rights with Sick Leave
available only when accrued.
26.1.5
Temporary Employees will receive the same pass entitlements of full time
Employees.
26.1.6
Temporary Employees will be employed for no less than one month and where
required for greater than 12 months to be permanent staff.
26.1.7
Services may be terminated at any time by either party, providing one week’s
notice is given.
26.1.8
Temporary staff will not be utilised to cover current Annual Leave clearance.
27. Non Trade Related Bus, Yard and Depot Facilities
Functions
27.1
All Duties and functions not related to the repair and mechanical maintenance
of buses, and the duties and functions related to the cleanliness and general
appearance of depot yards will be undertaken by non-trade employees covered by
this award. This will include, but not be confined to, the cleaning of buses,
yards and depot facilities.
27.2 Existing employees of STA who
currently undertake such duties and are classified as Engineering Repair
Assistants remain covered by the terms and conditions of this award on and from
the date of operation of this award.
27.3 Employees employed after the
commencement of this award to undertake such duties described above shall be
covered exclusively by the terms and conditions of this award.
27.4 Existing employees of STA who
currently undertake such duties and are not classified as Engineering Repair
Assistants shall have the option of transferring to the terms and conditions of
this award.
27.5 Under this clause a ‘Casual
Employee’ shall mean an Employee who is engaged and paid as such.
27.6 Casual Employees shall be paid at
an hourly rate equal to the appropriate hourly rate prescribed for a full-time
Employee for such work with the addition of a 20% casual loading. In the event
a casual Employee becomes a full time or part time Employee, the casual loading
will not be payable.
27.7 A Casual Employee when working on
a holiday or any time for which a weekly Employee is paid above the weekly
Employee’s ordinary rate or pay, must be paid the appropriate rate paid to the
weekly Employee of the same class working at such time with the addition of
20%.
27.8 The casual loading is in
recognition of the casual nature of the employment and compensates the Employee
for all leave, and all incidence of employment, except overtime, unless
prescribed otherwise eg. Legislative
provisions that may provide Long Service Leave for Casual Employees.
27.9 Unless prescribed otherwise,
casuals are not entitled to any paid leave.
27.10 A Casual Employee
required to attend for duty and who does attend for duty, shall be entitled to
a minimum payment of three hours’ work at the appropriate rate.
27.11 State Transit shall not
require an existing permanent Employee to become a casual Employee.
27.12 State Transit shall take
all reasonable steps to provide Employees with secure employment by maximising
the number of permanent positions in the workforce. A casual Employee may be
employed to meet intermittent, short term, irregular work requirement or where
a legitimate need for casual Employees arises.
27.13 A casual’s employment
commences at the beginning of a particular shift and ceases at the end of that
shift.
27.14 Only the relevant
provisions of this Award will apply to casual Employees, that is the provisions
that would ordinarily apply to casual Employees. The following clauses of this
Award specifically do not apply to casual Employees:
27.14.1
Clause 16 - Career Path, and Clause 17- Career Path Development
27.14.2
Clause 28 - Abandonment of Employment
27.14.3
Subclause 29.2 - Notice of Termination
27.14.4
Clause 30 - Job Security
27.14.5
Clauses contained in Part VI - Leave and Public Holidays of this Award with the
exception of subclauses 51.7 and 51.8 which will continue to apply to casual
Employees required to work on a public holiday, and clause 45 - Parental Leave
(which only applies to Regular casual Employees).
27.14.6
Clause 55 - Salary Sacrifice for Superannuation.
27.14.7
Clause 59 - Training, Clause 60 - Training Costs, and Clause 62 Training for
Relief Leading Hands
27.15
Notwithstanding the intentions of sub-clause 27.3 a party to this Award is at
liberty to make an application in accordance with section 21(1) (g) of the Industrial
Relations Act 1996 (NSW) for casual Employees in all areas covered by this
Award.
28. Abandonment of Employment
28.1 Where an Employee, within a
period of 21 days from their last day of scheduled attendance for work, fails
to establish, to the satisfaction of the Employer, that their absence is for a
reasonable cause, the Employee will be deemed to have abandoned their
employment.
28.2 Prior to employment being deemed
to be abandoned, the following procedure will be applied by the Employer:
28.2.1 the Employer will forward a letter (the First Letter)
by registered mail or courier to the last known address of the Employee
requesting the Employee contact the Employer within seven (7) days of the date
of service of the First Letter, and provide a satisfactory explanation for
their absence.
28.2.2 where an Employee contacts the
Employer and claims their absence is due to illness or injury, the Employer
will allow a period of seven (7) days from the date of service of the First
Letter for the Employee to supply a medical certificate/s supporting the whole
of the absence.
28.2.3 Where the Employee fails to acknowledge the First
Letter or no satisfactory explanation or supporting medical certificate
supporting the whole of the absence is provided by the Employee to the
Employer, a second letter (the Second Letter) will be sent to the Employee
advising the Employee to contact the Employer within seven (7) days of service
of the Second Letter.
28.2.4 The Second Letter shall include advice to the Employee
that their employment will be deemed to have been abandoned if they continue to
fail to attend for work or fail to provide a satisfactory explanation or
medical certificate supporting the whole of the absence.
28.3 For the purpose of this clause
service of the First Letter and/or Second Letter will be effected
by means of either personal service or by leaving the letter at the last
address nominated by the Employee to the Employer as their home address.
29. Termination of Employment
29.1 State Transit shall, upon receipt
of a request from an Employee whose employment has terminated, provide to an
Employee a written statement specifying the period of his or her employment and
the classification of or type of work performed by the Employee. This will be
provided where practical on the last day of work or as agreed with the
Employee.
29.2 Notice of Termination
29.2.1 In order to terminate the employment of an Employee the
Employer must give to the Employee the following notice:
Period of service
|
Period of Notice
|
|
|
Not more than 1 year
|
1 week
|
More than 1 year and up to 3 years
|
2 weeks
|
More than 3 years and up to 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
29.2.2 In addition to the notice in 29.2.1, Employees over 45
years of age at the time of giving of the notice with not less than two years service,
are entitled to an additional weeks notice.
29.2.3 Payment in lieu of the notice prescribed in 29.2.1 and
29.2.2 must be made if the appropriate notice period is not given, provided
that employment may be terminated by part of the period of notice specified and
part payment in lieu thereof.
29.2.4 In calculating any payment in lieu of notice, the wages
an Employee would have received in respect of the ordinary time he or she would
have worked during the period of notice, had their employment not been
terminated, must be used.
29.2.5 The period of notice in this clause does not apply in
the case of dismissal for serious misconduct, or in the cases of apprentices or
casual Employees.
29.3 Upon termination of employment
wages due to an Employee shall be paid on the day of such termination or
forwarded by post on the next working day.
29.4 Where an Employer has given
notice to an Employee, an Employee shall be allowed up to one day’s time off
without loss of pay for the purpose of seeking other employment The time off
shall be taken at times that are convenient to the Employee after consultation
with the Employer.
30. Job Security
30.1 State Transit is unable to
provide an unequivocal assurance that at some time in the future, circumstances
will not change and that State Transit will not seek changes to bus maintenance
functions that could have an impact on staffing levels. Excess staff will
be managed in accordance with State Government and State Transit policies for
the management of excess staff.
30.2 The object of this Award is to
support our planned growth of business by increasing efficiency and
productivity through a cooperative approach between management and Employees.
PART V - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK AND RELATED
MATTERS
31. Ordinary Hours of Work
31.1 Where not already applicable, the
ordinary hours of work will be 152 hours over a four week work cycle.
31.2 The ordinary hours of work
prescribed herein may be worked on any day or all of the days of the week subject
to subclause 31.4.
31.3 The ordinary hours of work
prescribed herein for day workers shall be between 6.00am and 6.00pm, provided
the spread of hours may be altered by mutual agreement between the Employer and
the majority of Employees in the section or sections concerned. Provided
further that work prior to the spread of hours fixed in accordance with this
subclause for which overtime rates are payable shall be deemed for the purpose
of this subclause to be part of the ordinary hours of work.
31.4 The ordinary hours prescribed
herein shall not exceed twelve hours in any day, provided that in any
arrangement of ordinary hours where the ordinary working hours are to exceed
eight on any day, the arrangement of hours shall be subject to the agreement of
the Employer and the majority of Employees in the section or sections
concerned, and relevant unions.
31.5 Ordinary hours of labour may be
worked to provide for one hundred and fifty two (152) hours work in four weekly
cycles to enable Employees to have additional time-off duty by accruing
additional working time on other working days. Such hours are to be arranged
within shift limits specified in 31.3.
31.6 Employees off duty on paid Sick
Leave, approved leave, Annual Leave, Jury Service, Bereavement Leave or on
public holidays shall not have their entitlement to a rostered day off
affected.
31.7 Subject to Employer approval, an
Employee may alter the day due to be a rostered day off.
31.8 Employees directed to attend duty
but not required or who have been directed to attend and subsequently told that
they are not required on that day shall be paid a half of a days
pay unless notice that they will not be required has been given at their
residence two hours before the time at which they were to commence duty, or
prior to leaving their residence to attend duty where the normal travel time
between residence and place of work is greater than two hours.
32. Shift Work
32.1 Definitions for the purpose of
this clause:
32.1.1 Afternoon shift means any shift finishing after 6.00pm
and at or before midnight.
32.1.2 Night shift means any shift finishing subsequent to
midnight and at or before 8.00am.
32.1.3 Regular afternoon or night shift means an afternoon or
night shift, which by established custom, constitutes a normal feature of the
work for any group or class of Employees and which is normally in operation for
at least five nights each week; where such shifts are not a normal feature of
the work for any group or class of Employees and should they be introduced they
shall be regarded as regular afternoon or night shifts after they have been in
operation for more than four consecutive weeks.
32.1.4 A shift worker is an Employee who works regularly (day
by day) to a roster which provides for work being performed during hours which
result in a shift work allowance entitlement, or an Employee who works
regularly to a roster which provides for work being performed on seven days of
the week.
32.2 Employees working on afternoon or
night shift shall be paid as follows:
32.2.1 Regular afternoon or night shifts - those required to
take their turn on regular afternoon or night shifts shall be paid 15 per cent
more than the ordinary rate for each such shifts worked.
32.2.2 Other than regular afternoon or night shifts - when
other than regular afternoon or night shifts are worked Employees called upon
to work such shifts shall be paid for the first five nights then shifts after
the first five nights up to a period of four weeks from the commencement of
such shifts shall be paid at the rate of 20 per cent more than the ordinary
rate for each of such shifts worked; if the shifts continue for more than four
weeks then Employees working on such shifts shall be paid at the rate of 15 per
cent more than the ordinary rate of each of such shifts worked.
32.2.3 Provided that an Employee who is required to work night
shifts only shall be paid at the rate of 30 per cent more than the ordinary
rate for each such shift worked for all time worked during hours on such
shifts.
33. Overtime
33.1 All time
worked outside the ordinary hours work of a full time Employee on any given day
or week shall be at time and a half for the first three hours and double time
thereafter, except Sundays which shall be paid at double time.
33.2 For the purpose of this clause,
ordinary hours shall mean the hours worked and fixed in accordance with Clause
31 - Ordinary Hours of Work, and Clause 32 - Shiftwork
of this Award.
33.3 The hourly rate, when computing
overtime, shall be determined by dividing the appropriate weekly rate by 38,
even in cases when an Employee works more than 38 ordinary hours in a week.
33.4 The Employer may require any
Employee to work reasonable overtime at overtime rates and such Employee shall
work overtime in accordance with such requirements.
33.4.1 Subject to subclauses 33.7 and 33.9, there will be no
minimum hours of overtime to be worked with overtime to be determined by the
Employer.
33.5 Rest period after overtime
33.5.1 When overtime is necessary it shall, wherever
reasonably practicable, be so arranged that Employees have at least ten
consecutive hours off duty between the work of
successive days.
33.5.2 No Employee shall be required to commence a new shift
at ordinary rates within ten hours of the conclusion of his/her previous shift
except for the purpose of change of regular shift. If the Employee is required
to commence a new shift within ten hours of conclusion of the previous shift
and it is not for the purpose of regular change of shift, the Employee shall be
paid for such shift at overtime rates. This subclause does not apply where
shifts are changed to meet the Employee’s convenience. For the purpose only of
this subclause overtime worked on any day shall be disregarded.
33.5.3 If on the instruction of the Employer such an Employee
resumes or continues work without having had such ten consecutive hours off
duty the Employee shall be paid at double rates until released from duty for
such period and shall then be entitled to be absent until having had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absences.
33.6 The provisions of this subclause
shall apply in the case of shift workers who rotate from one shift to another
as if eight hours was substituted for ten hours when overtime is worked:
33.6.1 For the purpose of changing shift rosters;
33.6.2 Where a shift worker does not report for duty;
33.6.3Where the shift is to be arranged between the Employees
themselves.
33.7 Call back
33.7.1 An Employee required after the usual working hours to
attend the Employer’s establishment to work (whether notified before or after
leaving the premise) shall receive a minimum payment equivalent to three hours
work at the appropriate overtime rate for each time recalled. Provided, that
except in the case of unforseen circumstances the
Employee shall not be required to work the full three hours if the job recalled
to perform is completed within a short period of time.
This subclause shall not apply in cases where it is customary for an Employee
to return to the Employer’s premise to perform a specific task outside the
ordinary working hours, or completion or commencement of ordinary working time.
33.7.2 Overtime worked in the circumstances specified in this
subclause shall not be regarded as overtime for the purpose of subclause 33.5
of this clause when the actual time worked is less than three hours on such
recall or on each of such recalls.
33.8 Crib time
33.8.1 Where more than one and a half hours overtime is
required to be worked immediately after ordinary working hours, or after what
would be the ordinary working hours if the Employee was working on a day
ordinarily off duty, and the exigencies of the service permit, an Employee
before starting to work such overtime shall be allowed a paid crib break of
twenty minutes.
33.8.2 An Employee who works four hours overtime after having
had the crib break provided in subclause 33.8.1 shall be allowed a further crib
break of twenty minutes without deduction of pay if required to continue
working.
33.8.3 An Employee recalled for duty after ceasing work on one
shift and before commencing work on the next shall be allowed a crib of twenty
minutes without deduction of pay after having worked four hours overtime and
required to continue at work. If required to work more than four hours
additional overtime at the conclusion of such crib, the Employee shall be
allowed a further crib of twenty minutes without deduction in pay.
33.9 Short notice pre start
33.9.1 An Employee who has been contacted since the conclusion
of their last shift and prior to attending their next shift for the purpose of
working overtime prior to, and in association with the commencement of their
normal shift, shall be required to work a minimum of two hours overtime at the
appropriate overtime rates. This provision does not impact on the ‘call back’
provisions as provided for in subclause 33.7.
33.10 All overtime shall be
worked to comply with relevant Heavy Vehicle Fatigue Management Regulation/s
and or Fatigue Management Guidelines.
34. Saturday Time
34.1 Ordinary hours worked on a
Saturday shall be paid at the rate of time and a half.
35. Sunday Time
35.1 Time worked on a Sunday shall be
paid at the rate of double time.
35.2 Notwithstanding anything
elsewhere provided in this Award, the Employer shall not be required to pay
more than double time in respect of any work performed between midnight on
Saturday and midnight on Sunday.
36. Rosters
36.1 Rosters shall be built to meet
the operational needs of the business with the emphasis on routine servicing and
maintenance activities being performed at times outside of operational peak bus
requirements.
36.2 It is acknowledged by the parties
that changes in operational peak bus requirements/service provisions may impact
on both maintenance staff numbers and maintenance workshop locations as
required. Rosters are to be arranged in such a manner, to ensure that the most
economical and appropriate level of coverage is made available.
36.3 Operational and business
requirements that may require alterations to existing rostering arrangements
include:
36.3.1.
Staff classification type and numbers in a location;
36.3.2.
Actual work location including redeployment to another work location;
36.3.3.
Shift start and finishing times;
36.3.4.
Rostered day off patterns;
36.3.5.
Mutually agreed flexible rostering initiatives; for example 9 day fortnight.
36.4 Consultation regarding change is
to take place as per clause 37, clause 64 and subclause 9.6 of this Award.
36.5 Rosters shall be constructed and
maintained to ensure that all hours worked shall comply with relevant Heavy
Vehicle Fatigue Management Regulation/s.
37. Rostering Arrangements
37.1 Consultation is to take place
with staff as to proposed changes to a master roster.
37.2 Where the master roster is to be
changed, the Employees affected are to be notified of the change as soon as
practicable, with the minimum notification to be 28 days. The following
procedures are to apply during those 28 days:
37.2.1 In week 1, rosters are displayed and Employees are to
raise with local management any issues of concern.
37.2.2 In week 2, roster is modified on the basis of concerns
raised, providing such alterations do not impact on the overall operational
efficiency and costs of the rosters.
37.2.3 In week 3, rosters are reposted and to commence in two
weeks.
37.2.4 In week 5, rosters commence.
37.3 In the construction of rosters
the critical element is to ensure sufficient staff is available to meet
operational requirements and to maintain the standards as set by the relevant
Regulator.
37.4 Without diminishing the
responsibilities and requirements as nominated in clause 38, consideration is
to be given to travel arrangements of Employees when constructing rosters.
38. Change of Shift
In the event of a
change of shift being necessary and there is a relief line, the relief will cover
the shift, provided they are given at least 48 hours notice
of the change. Where there is no relief line, another Employee within the
classification will cover the shift on the basis of agreed arrangements at the
local level. Where there are no agreed arrangements in place and no volunteers,
the last person employed at the location, on the shift not required (i.e. if a
day shift is not required then the last employed at the location working day
shift) is to receive at least 48 hours notice of the
change.
39. Higher Duties
39.1 An Employee may be required to
act in a higher grade, where such higher grade is a classification in the
normal line of progression.
39.2 An Employee temporarily acting in
the higher grade shall be paid whilst so employed, the rate applicable if the
Employee were appointed to that grade.
39.3 The relevant rate and conditions
applying to the higher grade position shall be the rate and conditions that
apply to the Employee while they are acting in the higher grade position.
39.4 Where an Employee is required to
act in a higher grade for two hours or more on any day or shift the Employee
shall be paid the rate for the higher grade for the full day or shift.
39.5 An Employee required to act in a
higher grade position shall not receive less payment than the Employee would
have received had the Employee remained in his/her classified position and
performed the ordinary hours associated with that position.
40. Attending Office
40.1 Where the Employer requires an
Employee to:
40.1.1 attend the Employer’s premise
or elsewhere to answer complaints, furnish reports, and supply statements
and/or affidavits; or
40.1.2 attend any court or coronial
inquiry,
the
Employee shall be paid for all time spent at ordinary rates and shall be
reimbursed any excess travelling time and expenses for rail and/or bus
services.
41. Meal and Rest Breaks
41.1 An Employee shall not be required
to work for more than five hours without a break for a meal.
41.2 Except where any alternative
arrangement is entered into as a result of in-plant discussions, time and a
half rates shall be paid for all work done during meal hours and thereafter
until a meal break is allowed.
41.3 In cases of Employees being
required to work through the meal break a paid crib break of twenty minutes
will be allowed.
41.4 If a rest break is granted, it
shall be at the Employer’s time.
PART VI - LEAVE AND PUBLIC HOLIDAYS
42. Annual Leave
42.1 Employees shall be entitled to
Annual Leave as prescribed by the Annual Holidays Act 1944 (NSW).
42.2 Annual Leave Loading
42.2.1 An Employee who has been a shiftworker
for greater than six months in the previous twelve months prior to commencing
Annual Leave shall be paid a loading at the rate of 20 per cent of the
appropriate weekly wage.
42.2.2 Any other Employee when proceeding on Annual Leave
shall be paid a loading at the rate of 17.5% of the appropriate weekly wage.
43. Long Service Leave
Employees shall be
entitled to Long Service Leave as prescribed in the Transport Administration
Act 1988 (NSW), as amended from time to time.
44. Personal Leave
44.1 Personal Leave consists of the
following three types of leave:
44.1.1 Sick Leave;
44.1.2 Carer’s Leave; and
44.1.3 Compassionate/Bereavement Leave
44.2 All Employees, other than casual
Employees, will be entitled to Personal Leave in accordance with this clause.
44.3 For the purpose of this clause
the entitlement to use sick leave in accordance with this clause for Carer’s
leave is subject to:
44.3.1 The staff member being responsible for the care and
support of the person concerned; and the person
concerned being:
44.3.2 A spouse of the staff member; or
44.3.3 A de facto spouse being a person of the opposite sex to
the staff member who lives with the staff member as her husband or his wife on
a bona fide domestic basis although not legally married to that staff member;
or
44.3.4 A child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent or legal guardian), grandparent, grandchild or sibling of the
staff member or of the spouse or de facto spouse of the staff member; or
44.3.5 A same sex partner who lives with the staff member as
the de facto partner of that staff member on a bona fide domestic basis; or a
relative of the staff member who is a member of the same household, where for
the purposes of this definition:-
44.3.6 "Relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
44.3.7 "Affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
44.3.8 "Household" means a family group living in
the same domestic dwelling.
44.3.9 Year means the period of twelve months from 1 January
to 31 December inclusive.
44.3.10 Accumulated paid Sick Leave means paid Sick Leave
which accrued to an Employee’s credit in any previous calendar year which has
not been cleared by the Employee as paid Sick Leave.
44.3.11 Current paid Sick Leave means paid Sick Leave that has
accrued to an Employee’s credit in the current year which has not been cleared
by the Employee as paid Sick Leave.
44.4 Sick Leave
44.4.1 If an Employee is receiving workers compensation
payments, they are not entitled to Sick Leave.
44.4.2 Subject to Subclause 45.5, Employees covered by this
Award are entitled to 15 days (or equivalent) paid Sick Leave per year,
provided;
(a) Paid Sick Leave will
be credited on a pro rata basis in the first year of service, and
(b) Sick Leave not used in
any year shall accumulate.
44.4.3 If an Employee is terminated by their Employer and is
re-engaged on a permanent basis by the same Employer within a period of six
months then the Employee’s unclaimed balance of Sick Leave shall continue from
the date of re-engagement.
44.5 Managing Sick Leave Related
Absences
44.5.1 The parties have agreed to implement a range of
strategies to reduce average Sick Leave levels for Employees covered under this
Award and have committed to achieving a target level of an average of 9 days
per year, per Employee.
44.5.2 The strategies to be implemented will include, but are
not limited to, the following:
(a)
Employees are entitled to a maximum number of 5 non certified Sick Leave days
allowed per year, however an Employee who has already had two paid Sick Leave
absences in the year, the duration of each absence being of one day only, is
not entitled to further paid Sick Leave in that year of a duration of one day
only, without production to the Employer of a certificate from a qualified
medical practitioner certifying the Employee was unable to attend for duty on
account of personal illness or injury.
(b) Payment of Sick Leave
is provisional on an Employee:
(i)
Reporting the absence appropriately (that is as soon as reasonably practicable
and prior to or at the commencement of a shift) as well as providing required
information); and
(ii) An agreed
minimum level of information being supplied including the nature of the illness
or injury and the estimated duration of the absence (where an Employee is concerned
about disclosing the nature of the illness to their manager, they may elect to
have the application for Sick Leave dealt with confidentially by an alternative
manager, a Health Services Officer, or a member of the Human Resources
Division).
(c) Backdated
medical certificates will only be accepted at the sole discretion of the
Employer, and as defined by STA policies, based on the individual circumstances
including the Employee’s absence history.
(d) The Employer will have
sole discretion to accept other forms of evidence to satisfy that an Employee
had a genuine illness based on the individual circumstances including the
Employee’s absence history.
(e) Employees with
an unacceptable attendance pattern may be placed on an absence management
program, which may include withdrawal of any entitlement to non
certificated Sick Leave.
(f) A requirement
that any Employee on long term Sick Leave may be required by the Employer to
participate in a return to work program.
44.5.3 For the purpose of this clause, Unacceptable Attendance
Pattern means any pattern of absence, which the Employee’s manager, on
reasonable grounds, believes warrants the Employee being placed on an Absence
Management Program, and includes:
(a) Failure to comply with
any aspect of State Transit’s Sick Leave Policy (a copy of which can be
accessed through State Transit’s Business Management System), or an obligation
imposed under the provisions of this clause.
(b) Failure to produce a
medical certificate or other satisfactory evidence to support an absence where
the Employee was under an obligation to do so.
44.5.4 The following are provided as examples of attendance
patterns which would require review by management and which may, provided there
are reasonable grounds, result in an Employee being
placed on an Absence Management Program:
(a) A pattern of unplanned
absences predominately on particular days of the week or during particular
times of the year;
(b) High number of one to
two day unplanned absences, particularly for different reasons;
(c) A pattern of
unplanned Sick Leave immediately following or preceding RDO’s, ADO’s, Public
holidays or Annual Leave;
(d) Unplanned absences on
a day which an Employee sought a day off, but which was not approved;
(e) Unplanned
absences on special events; or
(f) Five or more
absences (particularly single day absences) in a four month period.
44.5.5 An Employee with an unacceptable attendance pattern may
be placed on an Absence Management Program. In administering Absence Management
Programs, there is absolutely no intention by State Transit to place undue
pressure on any Employee in genuine need of Sick Leave.
44.5.6 Absence Management Program Step 1 - Preliminary
Discussion
(a) The Employee will be
interviewed by their supervisor or manager regarding any apparent unacceptable
attendance pattern. Reasons for the absence history may be explored. Further
medical investigation and referrals may be required at this stage.
(b) If, following
discussion and any necessary further investigation, the Employee’s manager
remains unsatisfied with the attendance pattern, the Employee will be advised
in writing that should there be no improvement in their attendance pattern,
they will be placed on an absence management program. However, in exceptional
circumstances, an Employee may be placed on an Absence Management Program at
this point.
44.5.7 Absence Management Program Step 2 - Placement on a
Program
Should an Employee’s attendance pattern remain
unsatisfactory, the Employee will again be interviewed by their manager. If,
following the further interview, the Employee’s manager remains unsatisfied
with the attendance pattern, the Employee will be placed on an Absence
Management Program which will include the following:
(a) All unplanned absence
due to personal illness or injury will need to be medically supported while the
Employee remains on an absence management program;
(b) Regular review
meetings between the manager and Employee as required;
(c) Any unplanned
absence will require approval and until the Employee has applied for leave,
been interviewed by their manager and the leave has been approved, any
unplanned absence will be treated as unauthorised leave and may lead to
disciplinary action;
(d) Medical examination by
a State Transit Doctor as required, including when reporting unplanned absences
due to personal illness or injury;
(e) Written
confirmation of placement on the Absence Management Program and advice that a
continuing unacceptable attendance pattern, including the taking of any
unauthorised leave, may result in further disciplinary action leading to
termination of employment.
44.5.8 Absence Management Program Step 3 - Disciplinary Action
Where an Employee’s attendance pattern remains
unacceptable following:
implementation of steps 1 and
2, formal disciplinary action may be commenced against the Employee. However,
disciplinary action may be commenced at any time prior to Step 3, in the event
of unauthorised absences or failure to comply with any direction issued under
the Absence Management Program.
44.5.9 Continuous Review
(a) An Employee placed on
an Absence Management Program will be subject to continuous review, and may be
removed from the Absence Management Program, at any time, following
demonstrated improvement in their attendance pattern.
(b) Employees will be
advised in writing of the decision to remove them from the Absence Management
Program. However, should the Employee again come under notice for an
unacceptable attendance pattern, the Employee may be placed back on an Absence
Management Program
44.5.10
The parties agree that in order to give full effect to
the provisions of this clause that:
(a) the
Employer’s Sick Leave Policy and procedures may be varied during the life of
this Award, including any variations which are necessary to give effect to the
provisions of this clause;
(b) Employees covered by
this Award are under strict obligations to effectively manage their absence in
order to achieve the targeted reduction in Sick Leave, and
(c) the Unions party to this Award will work co-operatively with
the Employer to ensure the implementation and success of the Absence Management
Procedures outlined in this clause and achievement of the targeted reductions
in average Sick Leave levels.
44.6 Carer’s Leave
44.6.1 Subject to an Employee having sufficient paid Sick
Leave available, Employees are entitled to use up to a maximum of ten days from
their Sick Leave entitlement to use as Carer’s Leave.
44.6.2 The entitlement to use up to a maximum of ten days per
year as Carer’s Leave does not accumulate from year to year.
44.6.3 An Employee may elect, with the consent of the
Employer, to take unpaid leave as Carer’s Leave.
44.6.4 Paid and unpaid Carer’s Leave may be taken for part of
a single day.
44.6.5 An Employee’s entitlement to use paid or unpaid Carer’s
Leave is subject to:
(a) the Employee
having responsibilities in relation to either members of their immediate family
or household who need their care and support when they are ill; and
(b) the Employee being responsible for the care of the person
concerned.
44.6.6 The Employee must establish by production of a medical
certificate or statutory declaration, the illness of the person concerned and
that the illness is such as to require care by another, provided that:
(a) the Employer may require an Employee to provide a medical
certificate to support the application for Carer’s Leave where:
(i)
the period of Carer’s Leave applied for exceeds or extends over a
continuous period of three or more days on any occasion; or
(ii) the Employee has exhausted all paid Carer’s Leave; or
(iii) the
Employee, within the current Year, has already cleared 5 days paid Carer’s
Leave, which were not supported by the production of a medical certificate; or
(b) the Employee has been placed on an Attendance Monitoring
Program and directed to supply medical certificates to support all future
applications for Sick Leave and Carer’s Leave.
44.6.7 In normal circumstances, an Employee must not take
Carer’s Leave under this clause where another person has taken leave to care
for the same person.
44.6.8 The Employee must, where reasonably practicable, give
the Employer notice prior to the absence of their intention to take leave, the
name of the person requiring care and their relationship to the Employee, the
reasons for taking such leave and the estimated length of absence. If it is not
practicable for the Employee to give prior notice of absence, the Employee must
notify the Employer by telephone of such absence at the first opportunity on
the day of absence.
44.7 Compassionate/Bereavement Leave
44.7.1 An Employee is entitled to up to two days paid leave on
each occasion a member of the Employee’s immediate family or household dies.
44.7.2 Proof of death must be provided to the satisfaction of
the Employer.
45. Parental Leave
45.1 Parental Leave includes
Maternity, Adoption Leave and ‘Other Parent’ Leave. Subject to the terms of
this clause, Employees other than casuals are entitled to Maternity, Paternity
and Adoption Leave and to request to work part time in connection with the
birth or adoption of a child. An Employee, including a casual employee who has
had at least twelve months continuous service, is entitled to Parental Leave in
accordance with this clause and with the Employer’s Parental Leave Policy.
Continuous service for a casual means work on an unbroken, systematic and
regular basis.
45.2 For the purposes of this
subclause ‘child’ means a child of the Employee under the age of one except for
adoption of a child where ‘child’ means a person under the age of five years
who is placed with the Employee for the purposes of adoption, other than a
child or step-child of the Employee or of the spouse of the Employee or a child
who had previously continuously lived with the Employee for a period of six
months or more.
45.3 After an Employee has completed
40 weeks continuous service, and who has provided satisfactory evidence of
being the primary carer for the child, they are entitled up to a combined total
of 52 weeks unpaid Parental Leave on a shared basis in relation to the birth or
adoption of their child. For females, Maternity Leave may be taken, and for
males, ‘Other Parent’ Leave may be taken. Adoption Leave may be taken in the
case of adoption.
45.4 Parental Leave is to be available
to only one parent at a time, except that both parents may simultaneously
access Parental Leave in the following circumstances:
For maternity and other Parent Leave, an unbroken
period of one week at the time of the birth of the child;
For Adoption Leave, an unbroken
period of up to three weeks at the time of the placement of the child.
45.5 An Employee who is not eligible
for Maternity Leave or Adoption Leave, may, in special
circumstances, be granted ‘Other Parent’ leave to care for their child.
45.6 Parental Leave is for a period of
not more than 52 weeks from the date the leave commenced.
45.7 Parental Leave is unpaid leave
(unless provision for payment is made) and can consist of solely Parental
Leave, or a combination of Parental, Annual and/or Long Service Leave if the
Employee has accrued such leave.
45.8 An Employee taking Parental Leave
must take any accumulated leave entitlements in excess of
40 days as part of Parental Leave.
45.9 An Employee must not unreasonably
withhold notice of the intention to apply for Parental Leave.
45.10 Returning to work after a
period of Parental Leave
45.10.1
An Employee is entitled to return from Parental Leave to the position
substantially held immediately prior to going on Parental Leave if that
position still exists. If the position no longer exists but there are
other positions available that the employee is qualified for and is capable of
performing, the employee is entitled to be employed in a position as nearly as
possible comparable in status and pay to that of the employee's former
position.
45.10.2
An Employee may be granted further leave beyond 52 weeks from the date of
birth. Any Employee taking further leave will be required to clear
accumulated leave prior to commencing extended Parental Leave.
45.10.3
An Employee will notify of their intention to return to work after a period of
Parental Leave at least four weeks prior to the expiration of the leave.
45.11 Notice of Parental Leave
45.11.1
An Employee will provide the Employer at least ten weeks prior to each proposed
period of Parental Leave with:
(a) For maternity and
Other Parent Leave, a certificate from a registered medical practitioner which
states they (or their spouse) is pregnant and the expected date of birth, and
(b) Written notification
of the dates on which they propose to start and finish the period of Parental
Leave, and
(c) A statutory
declaration stating:
(i)
the period of leave sought is so that they can be the
primary caregiver to the child, and
(ii) detail any particulars of any period of Parental Leave
sought or taken by their spouse, and
(iii) that
for the period of Parental Leave, the Employee will not engage in any conduct
inconsistent with their contract of employment.
45.11.2
An Employee will not be in breach of this clause if failure to give the
required notice period is because of the birth occurring earlier than the
presumed date.
45.12 Replacement Employees
45.12.1
A replacement Employee is an Employee specifically engaged, part time or full
time, or temporarily promoted or transferred, as a result of an Employee
proceeding on Parental Leave.
45.12.2
Before an Employer engages a replacement Employee the Employer will inform that
person of the temporary nature of the employment and of the rights of the
Employee who is being replaced.
45.13 Variation of Parental
Leave
45.13.1
Unless agreed otherwise between the Employer and Employee, an Employee may
apply to their Employer to change the period of Parental Leave on one occasion.
Any such change is to be notified at least four weeks prior to the commencement
of the changed arrangements.
45.13.2
Subject to subclause 47.5 and unless agreed otherwise between the Employee and
Employer, an Employee may commence Parental Leave at any time within nine weeks
immediately prior to the expected date of the birth and not more than 52 weeks
after the date of the birth (or in the case of Adoption Leave upon the date of
placement).
46. Maternity Leave
46.1 Where an Employee continues to
work within the six week period immediately prior to the expected date of
birth, or where the Employee elects to return to work within six weeks after
the birth of the child, an Employer may require the Employee to provide a
medical certificate stating that she is fit to work on her normal duties.
46.2 Where the pregnancy of an
Employee terminates after 28 weeks and the Employee has not commenced Maternity
Leave, the Employee may take unpaid special Maternity Leave of such period as a
registered medical practitioner certifies as necessary, except that where an
Employee is suffering from an illness not related to the direct consequences of
the birth an Employee may be entitled to paid Sick Leave in lieu of, or in
addition to, special Maternity Leave.
46.3 Where Parental Leave is granted,
during the period of leave an Employee may return to work at any time, as
agreed between the Employer and the Employee provided that time does not exceed
four weeks from the recommencement date desired by the Employee.
46.4 Where an Employee is pregnant
and, in the opinion of a registered medical practitioner, illness or risks
arising out of the pregnancy make it inadvisable for the Employee to continue
at her present work, the Employee will, if the Employer deems practicable, be
transferred to a safe job at the rate and on the conditions attaching to that
job until the commencement of Maternity Leave.
46.5 If a transfer to a safe job is
not practicable, the Employee may elect, or the Employer may require the
Employee, to commence Parental Leave.
46.6 An Employee who has been granted
Maternity Leave in accordance with this clause may apply to return from a
period of full time Parental Leave on a part time basis or on a job share
arrangement. Applications must be made in writing as soon as practicable,
preferably before commencing Parental Leave, or at least four weeks before the
proposed return date.
46.7 The Employer shall consider any
request for a full time Employee to return to work from their period of
Maternity Leave on a part time or job share arrangement having regard to the
Employee’s circumstances and the effect on the workplace and/or the Employer’s
business.
46.8 Paid Maternity Leave
46.8.1 A female Employee entitled to Parental Leave (ie completed at least 40 weeks continuous service) is
entitled to paid Maternity Leave in accordance with this subclause.
46.8.2 An Employee is entitled to a maximum of 9 weeks paid
Maternity Leave at their base rate. The paid leave can be taken in a lump sum
at the commencement of Maternity Leave, or as half pay on a fortnightly basis
while on Maternity Leave, or in any combination of these options.
46.9 Separate from paid Maternity
Leave, an Employee may be paid accrued Annual and/or Long Service Leave as part
of the Maternity Leave period. The accrued leave can be taken:
For accrued Annual Leave, in a lump sum payment at the
commencement of Maternity Leave or as full pay while on Maternity Leave, or
For accrued Long Service Leave, in a lump sum payment
at the commencement of Maternity Leave or as full pay while on Maternity Leave
or as half pay while on Maternity Leave.
Once all entitlements to pay have been exhausted, the
balance of Maternity Leave will be unpaid.
47. Adoption Leave
47.1 Employees including a casual
employee who has had at least twelve months continuous service are entitled to
paid adoption leave in accordance with this clause and with the Employer's
Adoption Policy. Continuous service for a casual means work on an
unbroken, systematic and regular basis.
47.2 An Employee who has been granted
Adoption Leave in accordance with this clause may apply to return from a period
of full time Parental Leave on a part time basis or on a job share arrangement.
Applications must be made in writing as soon as practicable, preferably before
commencing Parental Leave, or at least four weeks before the proposed return
date.
47.3 The Employer shall consider any
request for a full time Employee to return to work from their period of
Adoption Leave on a part time or job share arrangement having regard to the
Employee’s circumstances and the effect on the workplace and/or the Employer’s
business.
47.4 An Employer may require an
Employee to provide confirmation from the appropriate government authority of
the placement of the child for adoption.
47.5 Where the placement of a child
for adoption with an Employee does not proceed or continue, the Employee will
notify the Employer immediately and the Employer will nominate a time not
exceeding four weeks from receipt of notification for the Employee’s return to
work.
47.6 An Employee will not be in breach
of this clause as a consequence of failure to give the stipulated periods of
notice if such a failure results from a requirement of an adoption agency to
accept earlier or later placements of a child, the death of a spouse, or other compelling
circumstances.
48. Domestic Violence Leave
Employees shall be entitled to Domestic Violence Leave
in accordance with the Employer’s Domestic Violence Leave policy, as amended
from time to time.
49. Jury Service
49.1 A permanent Employee required to
attend for jury service during his or her ordinary working hours shall be
reimbursed by the Employer an amount equal to the difference between the amount
paid in respect of their attendance for such jury service and the amount of
wages he or she would have received in respect of total ordinary time they
would have worked had they not been on jury service.
49.2 An Employee shall notify the
Employer as soon as possible of the date upon which he or she is required to
attend for jury service. Further, the Employee shall give the Employer proof of
attendance, the duration of such attendance and the amount received in respect
of such jury service.
50. Blood Donors Leave
Employees are to receive paid leave pursuant to the
Employer’s Blood and Marrow Donation Policy. In arranging the leave,
consideration is to be given to the fact that having given a donation of blood,
Employees are not to drive a heavy vehicle for a period of at least eight hours
or as recommended by the appropriate Authority.
51. Public Holidays
51.1 A permanent Employee under this
Award is entitled to the following public holidays, without loss of pay: New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen’s Birthday, Labour Day or Eight Hours Day, Christmas Day, Bank
Holiday, and Boxing Day. Where another day is generally observed in a locality
in substitute for any of the above days, that day shall be observed as the
public holiday in lieu of the prescribed day.
51.2 Employees are only entitled to
public holidays on days in which they would ordinarily be required to work, but
for the public holiday occurring.
51.3 Where reasonably practicable an
Employee shall be granted a day’s leave, without deduction of pay, each
calendar year to attend an approved picnic day. Such Employee if required to
work on this day shall be granted a day’s leave, without deduction of pay, in
lieu thereof.
51.4 Substitution of certain public
holidays, which fall on a weekend:
Where Christmas Day falls on a Saturday or a Sunday, 27
December shall be observed as the public holiday in lieu of the prescribed day;
Where Boxing Day falls on a Saturday or a Sunday, 28
December shall be observed as the public holiday in lieu of the prescribed day;
Where New Year’s Day or Australia Day falls on a
Saturday or a Sunday, the following Monday shall be observed as the public
holiday in lieu of the prescribed day.
51.5 By agreement between the Employer
and the majority of Employees in the relevant enterprise or section of the
enterprise, an alternative day may be taken as the public holiday in lieu of
any of the prescribed days. An Employer and an individual may also agree to the
Employee taking another day as the public holiday in lieu of the day, which is
being observed as the public holiday in the enterprise or relevant section of
the enterprise.
51.6 In addition to the days described
in subclause 51.1, any special days appointed by gazettal as a public holiday
throughout the State or a locality shall be deemed to be a public holiday
throughout the State or relevant locality for the purposes of this Award.
51.7 Payment for time worked on a
public holiday -
51.7.1 Continuous shift workers required to work on a public
holiday shall be paid at the rate of double time and a half for hours worked
throughout ordinary hours. Continuous shift workers required to work overtime
on a public holiday shall be paid at double time for the overtime performed on
the public holiday. Continuous shift workers required to work on a public
holiday shall be paid for a minimum of three hours
work.
51.7.2 Day workers required to work on a public holiday shall
be paid for a minimum period of three hours work at
the rate of double time and a half. The double time and a half is to be paid
until the Employee is relieved from duty.
51.8 Where an Employee is absent from
his or her employment on the working day before or the working day after a
public holiday without reasonable excuse or without the consent of the
Employer, he or she will not be entitled to payment for the holiday.
51.9 Except as provided for in this
subclause or subclause 51.10, where a full time Employee’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 either:
7 hours and 36 minutes pay at ordinary rates; or
7 hours and 36 minutes added to his or her Annual
Leave; or
A substitute day off on an
alternative week day.
This shall apply to rostered days off which fall on a
Saturday or a Sunday where the Saturday or Sunday is part of
the normal working roster, and actually worked by the rostered employee,
for at least 4 shifts during the preceding 12 months.
51.10 Where an Employee has
credited time accumulated, then such credited time should not be taken as a day
off on a public holiday.
51.11 If an Employee is
rostered to take credited time as a day off on a week day and such week day is
prescribed as a public holiday after the Employee was given notice of the day
off, then the Employer shall allow the Employee to take the time off on an
alternative day.
51.12 Subclauses 51.10 and
51.11 above shall not apply in relation to days off which are specified in an
Employee’s regular roster or pattern of ordinary hours. Subclause 51.9 shall
apply in such circumstances.
52. Clearance of Public Holidays and Picnic Days
Where an Employee is
required to work on a proclaimed public holiday or picnic day, the Employee
will have the option to be paid the monetary value for the day, foregoing
accumulation for future clearance, or to accumulate the public holiday or picnic
day for clearance with their accumulated leave for that year. If the public
holiday or picnic day is not cleared it will be paid out with the final pay on
or after 31 December of the year following accumulation.
PART VII - WAGES AND RELATED MATTERS
53. Payment of Wages
53.1
An Employee whose ordinary hours of work are arranged so that they work an
average of 38 ordinary hours each week during a particular work cycle shall be
paid fortnightly according to a weekly average of ordinary hours worked even
though more or less than 38 ordinary hours may be worked in any particular week
or work cycle.
53.2 All monies payable pursuant to
this Award shall be paid by cheque or electronic transfer of funds into an
account/s nominated by the Employee with a bank or other financial institution
recognised by the Employer.
53.3 Hourly rates shall be calculated
by dividing the appropriate weekly rate by 38.
54. Wage Increase
54.1 A 2.27% increase will apply to
Employees covered by this Award from 1 January 2014 and a 2.15% increase will
apply from 1 January 2015.
54.2 The wage increases contained in
this Award are in substitution for any State Wage Case decisions. Any
arbitrated safety net adjustments may be offset against any equivalent amount
in rates of pay received by Employees.
55. Salary Sacrifice for Superannuation
55.1 Notwithstanding the wages
prescribed in this Award, an Employee other than a temporary or casual Employee
may elect, subject to the agreement of the Employer, to sacrifice a portion of
the base wage payable under this Award to additional Employer superannuation
contributions. Such election must be made prior to the commencement of the
period of service to which the earnings relate. In this clause ‘superannuable salary’ means the Employee’s wages as
notified from time to time to the New South Wales public sector superannuation
trustee corporations.
55.2 Where an Employee has elected to
sacrifice a portion of that payable wage to additional Employer superannuation
contributions:
55.2.1 Subject to Australian taxation law, the sacrificed
portion of wage will reduce the wage subject to appropriate PAYG taxation
deductions by the amount of that sacrificed portion; and
55.2.2 Any allowance, penalty rate, payment for unused leave
entitlements, weekly workers’ compensation or other payment, other than any
payments for leave taken in service, to which an Employee is entitled under
this Award or any applicable Award, Act or statute which is expressed to be
determined by reference to an Employee’s wage, shall be calculated by reference
to the wage which would have applied to the Employee under this Award in the
absence of any salary sacrifice to superannuation made under this Award.
55.3 The Employee may elect to have
the portion of payable wage, which is sacrificed to additional Employer
superannuation contributions:
55.3.1 Paid into the superannuation scheme established under
the First State Superannuation Act 1992 as optional Employer
contributions; or
55.3.2 Subject to the Employer’s agreement, paid into a
private sector complying superannuation scheme as an Employer superannuation
contributions.
55.4 Where an Employee elects to
salary sacrifice, in accordance with subclause 55.1or 55.3, the Employer will
pay the sacrificed amount into the relevant superannuation fund.
55.5 Where the Employee is a member of
a superannuation scheme established under:
the Superannuation Act 1916;
the State Authorities
Superannuation Act 1978;
the State Authorities
Non-contributory Superannuation Act 1987; or
the First State
Superannuation Act 1992,
the Employer must ensure that the
amount of any additional Employer superannuation contributions specified in
subclause 55.1 is included in the Employee’s superannuable
salary, which is notified to the NSW public sector superannuation trustee
corporations.
55.6 Where, prior to electing to
sacrifice a portion of his/her salary to superannuation, an Employee has
entered into an agreement with the Employer to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in subclause 55.5, the Employer will continue to base
contributions to that fund on the base wage payable under this Award to the
same extent as applied before the Employee sacrificed portion of that salary to
superannuation. This clause applies even though the superannuation
contributions made by the Employer may be in excess of superannuation guarantee
requirements after the salary sacrifice is implemented.
56. Wage Rates
The rates of pay for the different classifications relevant to
this Award, are set out in Schedule A of this Award.
57. Supported Wage Systems
57.1 Workers eligible for a supported
wage.
57.1.1 This clause defines the conditions, which will apply to
Employees who because of the effects of a disability are eligible for a
supported wage under the terms of this Award. In the context of this clause,
the following definitions will apply:
(a) Support wage system
means the Commonwealth Government (or State equivalent) system to promote
employment for people who cannot work at full Award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Processes" as amended from time to time.
(b) Accredited Assessor
means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual’s productive capacity within the Supported Wage System.
(c) Disability
Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, as amended from time to time, or any successor to that scheme.
(d) Assessment Instrument
means the form provided for under the Supported Wage System that records the
assessment of the productive capacity of the person to be employed under the
Supported Wage System.
57.2 Eligibility Criteria
57.2.1 Employees covered by this clause will be those who are
unable to perform the range of duties to the competence level required within
the class of work for which the Employee is engaged under this Award, because
of the effects of a disability on their productive capacity and who meet the
impairment criteria for receipt of a Disability Support Pension.
57.2.2 This clause does not apply to any existing Employee who
has a claim against the Employer, which is subject to the provisions of
workers’ compensation legislation, or any provision of this Award relating to
the rehabilitation of Employees who are injured in the course of their current
employment.
57.2.3 The Award does not apply to Employers in respect of
their facility program undertaking service or the like which receives funding
under the Disability Services Act 1986 and fulfils the dual role of
service provider and sheltered Employer to people with disabilities who are in
receipt of or are eligible for a Disability Support Pension, except with
respect to an organisation which has received recognition under Part II of the
said Act, or if a part only has received recognition, that part.
57.3 Supported Wage Rates
57.3.1 Employees to whom this clause applies shall be paid the
applicable percentage of the minimum rate of pay prescribed by this Award for
the class of work, which the person is performing according to the following
schedule:
Assessed Capacity
|
Percentage of
Prescribed Rate of Pay
|
|
|
10%
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
57.3.2 Provided that the minimum amount payable shall not be
less than $50.00 per week.
57.3.3 Where a person’s assessed capacity is 10 per cent, they
shall receive a high degree of assistance and support.
57.3.4 For the purpose of establishing the percentage of the Award
rate to be paid to an Employee under this Award, the productive capacity of the
Employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument by either:
(a) the
Employer and a union party to the Award, in consultation with the Employee or
if desired by any of these, or
(b) the
Employer and an accredited assessor from a panel agreed by the parties to the
Award and the Employee.
57.4 Lodgement of assessment
instrument
57.4.1 All assessment instruments under the conditions of this
clause, including the appropriate percentage of the Award rate to be paid to
the Employee, shall be lodged by the Employer with the Registry of the
Industrial Relations Commission.
57.4.2 All assessment instruments shall be agreed and signed
by the parties to the assessment, provided that where a union which is party to
the Award and not a party to the assessment, it shall be referred by the
Registry to the union by certified mail and shall take effect unless an
objection is notified to the Registry within ten working days.
57.4.3 The assessment of the applicable percentage should be
subject to annual review or earlier on the basis of a reasonable request for
such a review. The process of review shall be in accordance with the procedures
for assessing capacity under the Supported Wage System.
57.4.4 When an assessment has been made, the applicable
percentage shall apply to the wage rate only. Employees covered by the
provisions of this clause will be entitled to the same terms and conditions of
employment as all other workers covered by this Award on a pro rata basis.
57.5 An Employer wishing to employ a
person under the provisions of this clause shall take reasonable steps to make
changes at the enterprise to enhance the Employee’s capacity to do the job.
Changes may involve re-design of job duties, working time arrangements and work
organisation in consultation with other workers in the area.
57.6 Trial Period
57.6.1 In order for an adequate assessment of the Employee’s
capacity to be made, the Employer may employ a person under the provisions of
this clause for a trial period not exceeding three calendar months, except that
in some cases additional work adjustment time (not exceeding four weeks) may be
needed.
57.6.2 During the trial the assessment of capacity shall be
undertaken and the proposed wage rate for a continuing employment relationship
shall be determined.
57.6.3 The minimum amount payable to the Employee during the
trial period shall be no less than $50.00 per week.
57.6.4 Work trials should include induction or training as
appropriate to the job being trialled.
57.6.5 Where the Employer and Employee wish to establish a continuing
employment relationship following the completion of the trial period, a further
contract of employment shall be entered into based on the outcome of assessment
under subclause 57.3.4.
58. Allowances
58.1 Employees shall be entitled to allowances
as prescribed for in this Clause at the rates outlined in Table 2, Schedule A.
58.2 Confined Spaces - Employees
required to work in a confined space shall be paid the allowance rate specified
in Table 2, Schedule A. Confined space means a place the dimensions or nature
of which necessitate working in a cramped position or without sufficient
ventilation.
58.3 Electrician’s Registration
Allowance - An electrician who is the holder of a New South Wales Electrician’s
licence shall be paid the allowance rate specified in Table 2, Schedule A.
58.4 Electrician’s Supervisor
Registration Allowance - An electrician who is the holder of a New South Wales
Electrician’s Supervisor’s licence shall be paid the allowance rate specified
in Table 2, Schedule A.
58.5 Asbestos Allowance - An Employee
required to work with materials containing asbestos or to work in close
proximity to it shall be paid the allowance specified in Table 2, Schedule A.
58.6 Asbestos Eradication - This
subclause shall apply to Employees engaged in the process of asbestos
eradication in the performance of work within the scope of this Award. Asbestos
eradication is defined as work on or about a building, involving the removal or
any other method of neutralisation of any materials that consist of, or contain
asbestos. Employees engaged in asbestos eradication shall receive the allowance
rate as specified in Table 2, Schedule A. An Employee receiving an Asbestos
Eradication Allowance will not be eligible for an Asbestos Allowance in
addition to the Asbestos Eradication Allowance.
58.7 Height Money - Employees except
riggers when working at a height of 17 metres or more shall be paid the
allowance specified in Table 2, Schedule A.
58.8 Employees working overtime shall
be entitled to a meal allowance, subject to the terms prescribed in this
subclause, as prescribed in Table 2, Schedule A. The allowance shall be
adjusted in accordance with the New South Wales Crown Employees (Skilled
Trades) Award.
58.8.1
An Employee is entitled to the meal allowance on each occasion an Employee is
entitled to a rest break in accordance with subclause 33.8 Crib time, except in
the following circumstances:
(a) if the Employee is a
day worker and was notified no later than the previous day that they would be
required to work such overtime.
(b) if the Employee is a
shift worker and was notified no later than the previous day or previous
rostered shift that they would be required to work such overtime.
(c) if the Employee lives in the same locality as the work
location and could reasonably return home for meals.
58.8.2
If an Employee has provided a meal or meals on the basis that he or she has
been given notice to work overtime and the Employee is not required to work
overtime or is required to work less than the amount advised, he or she shall
be paid the prescribed meal allowance for the meal or meals which he or she has
provided but which are surplus.
58.9 Fibreglass Allowance - An
Employee required to grind, drill, file or saw
processed fibreglass shall be paid the allowance specified in Table 2, Schedule
A. All Body Builders will receive the allowance for time worked.
58.10 First Aid Allowance - An
Employee, who has been trained to render first aid and who is the current
holder of an appropriate first aid qualifications such as a certificate from
the St John’s Ambulance or similar body shall be paid a weekly allowance as set
out in Table 2, Schedule A if they are appointed by the Employer to perform
first aid duty.
58.11 Private Motor Vehicle Allowance - An Employee
required to use their own motor vehicle for the Employer’s business, or who by
agreement with the employer uses their own motor vehicle, shall be paid an
allowance for kilometres travelled as specified in Table 2, Schedule A.
58.12 Industry Allowance - An
Industry Allowance, as set out in Table 2, Schedule A shall be payable to an
Employee complying with the Dispute Settlement Procedure as set out per this
Award. In the event that such dispute procedure is not complied with, the
Industry Allowance may not be payable.
58.13 Wet Work - An Employee required to work in any
place where their clothing or boots become saturated with water shall be paid
an allowance specified in Table 2, Schedule A, provided that this allowance
shall not be payable to an Employee who is provided by the Employer with
suitable protective clothing and/or footwear and provided further that any Employee
who becomes entitled to this extra rate shall be paid such extra rate for such
part of the day or shift as they are required to work in wet clothing or boots.
This clause shall not apply to Employees whose ordinary work is in association
with water.
58.14 Travelling and working
away from usual place of work
58.14.1
Any Employee who is required to travel in order to undertake duty at another
place more than 4.8 kilometres from their home Depot and further from
their home than their home Depot shall be credited with full time at single
rate for the difference between the time at which it would be necessary for
them to leave their place of residence for the temporary location and the time
they would leave for their home Depot to work a shift commencing at the same
time and also for the difference between the time at which they can at the
earliest arrive at their place of residence on the conclusion of their shift
and the time they would arrive there as if they has worked a similar shift at
their home Depot.
58.14.2 Any Employee who is required to travel in order to
undertake duty at another place within 4.8 kilometres of their home Depot shall
not be credited with any time for the time occupied in travelling unless they
are obliged to report first at their home Depot at which case they shall be
credited with full time at the appropriate rate for the time occupied in
travelling from their home Depot to the place of duty.
58.14.3 All time
occupied by an Employee travelling on duty (other than as provided for in
58.14.1 and 58.14.2 hereof) shall be paid for up to a maximum of 12 hours out
of every 24. The said 24 hours shall count from time travel first commenced on
a particular day.
58.14.4 Any Employee who is temporarily transferred from
their home Depot to another place of employment because of strike conditions or
slackness or traffic shall not be credited with any travelling time.
58.14.5 An Employee who acts in a higher grade for more than
two hours of any shift and incurs travelling time to work that shift shall be
paid for such travelling time at the same rate as is paid to him for the time
worked.
58.14.6 For the purpose of this clause home Depot shall mean
the Depot at which an Employee is attached or place at which the Employee is ordinarily
required to commence and finish work.
58.15 Living away from home
58.15.1 An Employee engaged in work which does not permit
return to their home station daily shall, unless temporarily transferred, be
reimbursed expenses at the rates prescribed in Table 2, Schedule A.
58.15.2 An Employee who reasonably incurs expenses in excess
of the amounts prescribed shall be granted, upon application, such additional
amount as the Employer approves.
58.15.3 Where an Employee is transferred temporarily, other
than at own request or by way of punishment, from home station to a place which
does not permit the Employee to live at their regular address, shall be paid an
allowance prescribed in Table 2, Schedule A whilst remaining in temporary
transfer.
58.15.4 In cases of journeys where an Employee returns home
or to the home station on the same day, shall be paid a meal allowance (ie Breakfast, lunch or dinner allowance) prescribed in
Table 2, Schedule A for meals during such journeys, provided that no payments
shall be made except where an Employee proceeds to a place more than 32
kilometres distant from the home station in Sydney, or 11 kilometres from the
home station in Newcastle, or as part of regular duty at the usual place of
work. The mileage herein mentioned shall be occupied by the ordinary means of
travel.
PART VIII - TRAINING
59. Training
59.1 The parties acknowledge that
successful implementation of this Award relies upon relevant Employee training.
State Transit for its part is committed to the provision of training necessary
to enable its Employees to be able to take maximum advantage of existing career
paths and for them to be able to learn new skills to take on additional
activities and responsibilities.
59.2 Training associated with the
current classification or progression to the next classification level within
the career path is to be performed during ordinary hours, with the swapping of
shifts to apply where shift work is involved. Where the approved training is
not available during ordinary hours, and Employees attend off duty training
outside their ordinary hours, Employees are to receive the equivalent time off
in lieu, at a time, which will not affect service requirements.
59.3 Where Employees are interested in
gaining qualifications not directly related to their classification and those
qualifications will be beneficial to both the Employee and State Transit, the
associated training is to be in accordance with State Transit’s Policy on Study
Assistance.
59.4 A list is to be kept of each
classification together with the necessary training and qualifications required
to be considered for the position. Classifications are to include those not
covered by this Award but form part of the immediate career path for Employees
covered by this Award.
59.5 A number of courses may include
sections that lend themselves to distance learning techniques. Courses
determined suitable for distance learning may be undertaken from time to time.
59.6 An out of hour’s payment at
single rates of pay will be paid upon successful completion of distance
learning courses. The number of hours required for each course will be
determined before any course commences.
59.7 The parties are committed within
the training process to the implementation of competencies as designated by the
Department of Education, Science and Training (or relevant department).
59.8 The Employer shall not
unreasonably withhold paid Training Leave. This shall not prevent the Employer
and Employee(s) agreeing to paid leave for other relevant training.
60. Training Costs
60.1 Any costs associated with
standard fees for prescribed courses and prescribed textbooks (excluding those
textbooks which are available in the Employer’s technical library) incurred in
connection with the undertaking of training shall be reimbursed by the Employer
upon production of evidence of such expenditure, provided that reimbursement
may be on an annual basis subject to the presentation of reports of
satisfactory progress.
60.2 Travel costs incurred by an
Employee undertaking training in accordance with this Award which exceed those
normally incurred in travelling to and from work shall be reimbursed by the
Employer.
61. Learning and Development Committee
61.1 A Learning and Development
Committee operates in accordance with this Award. The Committee will not have
decision making powers, however, it will participate
in an advisory role in the establishment of relative and effective training
programs required by Employees covered by this Award.
61.2 The objectives of the Learning
and Development Committee are:
61.2.1 To enable Employee involvement in the training
processes.
61.2.2 The Learning and Development Committee shall aim to
contribute to the development of a highly skilled workforce with a range of
skills appropriate to the industry.
61.3 The Learning and Development
Committee shall be comprised of two Service Managers, a learning and
development representative; an engineering repair tradesperson from each
stream, one representative from the Newcastle Workshop and an Engineering
Repair Assistant representative.
61.4 Relevant non-committee members
may be invited to attend and address the Committee. This may include but is not
limited to Authority representatives and Unions party to this Award.
61.5 The committee will be chaired by
a nominated manager.
61.6 The Employee representatives
shall be elected every 12 months in a ballot monitored by the unions respondent to this Award.
61.7 The Learning and Development
Committee shall meet quarterly or as determined by the committee with minutes
distributed to committee members following the meeting.
61.8 The Learning and Development
Committee will participate in:
(a) formulating a training program including available training
courses and career opportunities.
(b) recommencing individual Employees for training and
reclassification.
(c) reviewing assessment and criteria to be applied for new and
existing staff.
(d) advising management and Employees regarding the ongoing
effectiveness of the training.
62. Training for Relief Leading Hands
62.1 Nominated Relief Leading Hands
will have access to on the job training in accordance with State Transit’s
Procedure for Higher Duties.
62.2 Competency based assessment
mechanisms shall be developed for each engineering wages classification.
62.3 Where applicable, training
provided to Employees covered by the Award shall be recognised, accredited and
certified to allow completion of the whole task/function (eg
Gas Bus Certification).
PART IX - COMMUNICATION/CONSULTATION
63. Consultative Mechanism and Procedure
The Employer shall
permit a notice board to be erected in the Depot or premises, or each part of a
Depot or premises, to facilitate communication between Employees and/or their
union representatives.
64. Communications and Consultation
64.1 Consultation provides
participation by the Employer, Employees and their representatives, including
Unions party to this Award, in the formulation and implementation of policies,
plans and strategies that are likely to affect working conditions.
64.2 Consultation is aimed at getting
Employees and their representatives, including Unions party to this Award, to
suggest or respond to proposals for policy formulation or implementation. It
provides an opportunity to present a point or view or state an objection,
thereby providing a more informed approach to the decision making process by
management.
64.3
Pursuant to clause 65 the parties agree to consult over the life of the Award
regarding the implementation of initiatives deriving from the Productivity
Committee.
64.4 Issues or matters in dispute
should be dealt with through the Dispute Settlement Procedure of this Award.
65. Consultative Committee
65.1 A consultative committee shall be
established at each garage.
65.2 Functions of the Consultative
Committees:
65.2.1 The Consultative Committee shall operate as a mechanism
resulting in democratic Employee involvement for maximising flexibility of the
workforce and for ensuring that working patterns and arrangements enhance
flexibility and the efficiency of that workplace.
65.2.2 The Consultative Committee shall endeavour to promote
harmonious Employee relations.
65.2.3 The Consultative Committee shall endeavour to create an
effective system of communication between the Employer and Employees. Minutes
of all consultative committee meetings shall be available to all Employees at
that location. Reasonable time shall be allowed in conjunction with local
management to enable Employees to be informed of the committee’s activities.
65.3 Composition of Consultative
Committee
65.3.1 The Consultative Committee shall be comprised of six
permanent members of which:
(a) two
will be representatives of management, at least one shall be of senior
management level; and
(b) four
Employee representatives who will be elected every twelve months (one
Engineering Repair Tradesperson from each stream, and one Engineering Repair
Assistant).
65.4 Meetings
65.4.1 The consultative committee shall meet as required but
not less than monthly.
65.4.2 Prior to each meeting each committee member shall by
agreement with local management be allowed reasonable time to prepare for
meetings.
65.4.3 Committee members may co-opt others to represent them
at meetings when required.
65.4.4 The Consultative Committee may invite other personnel
and union party to this Award to attend meetings.
65.5 Consultative Procedures
65.5.1 The Consultative Committee will consider the
implication of proposed measures to change arrangements.
65.5.2 A peak body consisting of senior management of the
Division and full time union officials or their nominees will meet quarterly,
(or more frequently as agreed by the parties where issues of major significance
need to be discussed), to monitor and review developments and progress towards
achieving the aims contained in this Award. It will be the responsibility of
each consultative committee to furnish relevant reports to the peak body
immediately following discussions at a local level.
65.5.3 The Employer will facilitate the process by providing
timely and relevant information to ensure that the consultative committees are
in a position to monitor their progress towards achieving joint aims under this
Award.
65.5.4 Accordingly, at these meetings operating statistics,
customer service, the Division’s profile, staff development, financial
performance indicators established under this Award will form fixed agenda
items to ensure such indicators for each of the Employer’s Depots are under constant
review by the committee.
65.6 Training - Committee members may
attend an approved training course relevant to their role as committee members.
66. Productivity Committee
66.1 A Productivity Committee will
oversee the achievement of the objectives of this Award.
66.2 The Productivity Committee will
work within a set terms of reference. The terms of reference must be approved
by the Employer.
66.3 The terms of reference must
include:
66.3.1 Genuine productivity targets and
benchmarks aligned with the objectives of corporate goals and bus reform
initiatives.
66.3.2 Genuine time frames for targets to
be achieved.
66.3.3 Periodic reviews of progress and
major reviews.
66.3.4 Mechanisms to review and implement
new initiatives.
66.3.5 Mechanisms to assist management and
Employees in relation to contracting out issues pursuant to clause 22.
66.3.6 An internal disputes settlement
mechanism.
66.4 The Productivity Committee will
consist of representatives of the Employer, Combined Unions (who are a party to
this Award) and a standing invitation to Union New South Wales.
67. Introduction of Change
67.1 Where the Employer has made a
definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on Employees, the Employer shall notify the Employees who may be
affected by the proposed changes and their Unions.
67.2 "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the Employer’s workforce or in the skill required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
need for retraining or transfer of Employees to other work locations and the
restructuring of jobs. Provided that where the Award makes provision for
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
68. Delegates
68.1 For the purposes of:
68.1.1 ensuring
compliance by the Parties with the terms of this Award; and
68.1.2 facilitating
discussions concerning matters pertaining to the employment relationship
between the Employer and Employees covered by this Award, and their
representatives, an Employee elected or nominated as a delegate by the
Employees in the section and/or location in which they are employed, shall,
upon notification to local management, be recognised as the accredited
representative of the union to which they belong.
68.2 An accredited delegate shall be
allowed reasonable time during working hours to interview the Employer or its
representative on matters affecting Employees whom they represent, or
accredited officials of the union to which the delegate belongs.
68.3 Subject to the prior approval of
the delegate’s supervisor, an accredited delegate shall be allowed a reasonable
period of time during working hours to interview a duly accredited union
official of the union to which he/she belongs.
68.4 Delegate Training:
Subject to all other qualifications in this clause, the
Employer may grant an elected delegate Leave with pay to attend union courses
which are approved by the Employer and which are designed to promote good
industrial relations within the Division. Such leave will be granted in
accordance with existing policy. Provided that should such
leave be granted, it shall be conditional upon the Employer being able to make
adequate staffing arrangements amongst current Employees. The Employer
will not be required to pay for any expenses (such as travel, accommodation and
meals) associated with or incurred by the delegate attending the course.
68.5 Amenities:
The Employer will provide facilities that may be
reasonably required for the delegate to properly represent their members, such
as a telephone, desk and filing cabinet. There will be paid quarterly delegates
meetings. A maximum of two delegates from large locations and one delegate from
small locations with less than 100 buses can attend quarterly delegates
meetings. This is exclusive of office holders of combined maintenance unions.
69. Right of Entry of Union Officials
69.1 For the purposes of:
69.1.1 Ensuring
compliance by the Parties with the terms of this Award; and
69.1.2 Facilitating
discussions concerning matters pertaining to the employment relationship
between the Employer and Employees covered by this Award , and their
representatives:
(a)
any appointed or elected officer of a union party to this Award, will
have access to the duly elected or appointed union representative and/or their
member/s, on the site during normal working hours, for the purposes of holding
discussion, providing those discussions are about matters that pertain to the
employment relationship between the Employer and the Employees; and
(b)
such visits shall be notified by the officer
prior to actually going on to the site and such visits will be made in the
presence of an authorised officer of the Employer and comply with all safety
requirements and directions while on site. Where necessary, Union Officials
will undergo a site induction.
69.2 Any appointed or elected officer
of a union party to this Award shall have power to inspect any part of the work
where it is suspected or believed a breach of this Award is occurring or has
occurred.
69.3 The Employer shall provide the
officer with the necessary facilities for the investigation of the breach or
suspected breach of this Award. Such investigations shall include access to the
wages books or time sheets. The Officer shall minimise interruptions to the
work processes.
PART X - GENERAL
70. Drugs and Alcohol
70.1 The parties, being committed to
the highest standards of safety in the operation of the Public Transport
System, are specifically committed to ensuring that staff do
not work while their effective functioning is impaired.
70.2 The parties recognise the
importance of, and accept the need for, monitoring and detection of impairment
by alcohol and drugs.
71. Renegotiation
It is agreed between
the parties to commence negotiation of the next industrial instrument no later
than six (6) months prior to the expiry of this Award.
72. Dispute Settlement Procedure
72.1 When the parties to this Award
are in dispute over any issue that directly affects the interest of any of the
parties, the dispute will be dealt with in accordance with this clause.
72.2 Step 1
In the first instance, any claim, dispute or matter
(the Dispute) which is local in nature, and which will not impact on other
locations, will be settled at the workplace between the Employee and or their
representative or Union and the local Manager (that is, the Employee’s
immediate Manger). Where practical, a genuine attempt to resolve the Dispute
should be made within 24 hours of the dispute being raised.
72.3 Step 2
If the Dispute cannot be resolved as provided for in
Step 1 the Employee and or their representative or local delegate is to present
the Depot/Unit Manger with a notice of dispute outlining the specific nature of
the dispute. The Depot/Unit Manager will discuss the Dispute with the Employee
and or their representative, and local union delegate
as soon as practicable.
72.4 Step 3
If the Dispute is not resolved as provided for in Step
2 (or if the subject matter of the Dispute is not local in nature), the Dispute
should be referred to the appropriate General Manager, and may also be referred
by the Employee or their representative or local union delegate to a Union
Official, who must attempt to resolve the dispute.
72.5 Disputes, which are not Local in Nature
Where a dispute is not local in nature, involves the
interpretation of a Policy of the Employer or an industrial instrument, the
parties to the Dispute may agree to bypass Steps 1 through 3 and instead refer
the matter directly to the Manager, Employee Relations for resolution, in
conjunction with the relevant Manager/s or General Manager/s.
72.6 Step 4
If, following action under Steps 1 through 3 (Disputes
Not Local in Nature subclause) a dispute remains unresolved, the Employee,
their representative or a Union, or the Manager Employee Relations, may refer
the matter to the General Manger, Human Resources (or, at the discretion of the
General Manger, Human Resources, the Chief Executive) for a further attempt at
resolution between the parties.
72.7 Step 5
If, following action under Steps 1 to 4, the Dispute
remains unresolved, a party to the Dispute may refer the Dispute to Unions NSW
(advice to be provided to other party/ies) following
which a 72 hour cooling off period (exclusive of weekends and public holidays)
will apply, to enable Unions NSW to assist in the resolution of the Dispute.
72.8 Step 6 - Referral to the IRC
If, following action under Steps 1 to 5, the dispute
remains unresolved, any party to the Dispute may refer the dispute to the
Industrial Relations Commission for conciliation and if necessary, arbitration.
72.9 The parties recognise that
disputes can differ widely in nature, and can thus take different lengths of
time to resolve, but the parties also agree that disputes should be resolved as
quickly as is possible; that, subject to any contrary agreement between State
Transit and the Employee or Union involved, any individual step in the process
should as a general rule take no more than five working days to complete; and
that in the case of each step attempts should be made to hold discussions
within two working days of commencing the step.
72.10 Any Dispute that is still
unresolved after having been progressed in accordance with the steps in this
clause and is not further referred to by State Transit, the Employee, or a union
party to this Award for a period of twenty-eight working days after the last
step, it will be deemed to be no longer a matter in dispute.
72.11 Nothing in this clause
prevents the making of an agreement to refer a Dispute to a step other than the
one next in sequence, in order to accelerate resolution or for some other
reason; or the reference of a dispute to the relevant industrial tribunal for
urgent resolution.
72.12 While a Dispute is being
dealt with under one of the preceding paragraphs in this subclause work must
continue without disruption and work practices, which existed prior to the
Dispute, shall apply, except where they involve the application of provisions
of this Award.
72.13 The parties acknowledge
that, where a Dispute involves a matter where genuine, serious and immediate
risk is posed to the health or safety of any person, it may not be practical to
follow the procedures in this clause in attempting to resolve the dispute; and
that an urgent reference to the relevant Industrial Tribunal may be required.
73. No Extra Claims
73.1 The parties agree that, during
the term of this Award, there will be no extra wage claims, claims for improved
conditions of employment or demands made with respect to the employees covered
by the Award and, further, that no proceedings, claims or demands concerning
wages or conditions of employment with respect to those employees will be
instituted before the Industrial Relations Commission or any other industrial
tribunal.
73.2 The terms of the preceding
paragraph do not prevent the parties from taking any proceedings with respect
to the interpretation, application or enforcement of existing Award provisions.
73.3 Variations made with the
agreement of the parties as provided for in clause 6(1)(d) of the Industrial
Relations (Public Sector Conditions of Employment) Regulation 2011 or its
successor are not prohibited by this clause.
PART B
SCHEDULE A - WAGES
AND ALLOWANCES TABLES
Table 1 - Wages
Weekly Rates for Engineering Leading Hand (L/H)
Classification
|
1 January 2014
|
1 January 2015
|
|
2.27%
|
2.15%
|
L/H Step 1
|
$1,253.40
|
$1,280.30
|
L/H Step 2
|
$1,289.40
|
$1,317.10
|
L/H Step 3
|
$1,325.60
|
$1,354.10
|
Weekly Rates for Engineering Repair Tradesperson (ERT)
Classification
|
1 January 2014
|
1 January 2015
|
|
2.27%
|
2.15%
|
ERT Level 4
|
$1,185.10
|
$1,210.60
|
ERT Level 3
|
$1,126.30
|
$1,150.50
|
ERT Level 2
|
$1,071.40
|
$1,094.40
|
ERT Level 1
|
$1019.60
|
$1,041.50
|
Weekly Rates for Storeperson
Classification
|
1 January 2014
|
1 January 2015
2.15%
|
|
2.27%
|
|
Level 2
|
$1,005.10
|
$1,026.70
|
Level 1
|
$943.10
|
$963.40
|
Weekly Rates for Engineering Repair Assistants (ERA)
Classification
|
1 January 2014
|
1 January 2015
|
|
2.27%
|
2.15%
|
ERA Level 4
|
$943.10
|
$963.40
|
ERA Level 3
|
$892.00
|
$911.20
|
ERA Level 2
|
$866.70
|
$885.30
|
ERA Level 1
|
$815.90
|
$833.40
|
Weekly Rates for Apprentices
Classification
|
1 January 2014
|
1 January 2015
|
|
2.27%
|
2.15%
|
4th Year (88%)
|
$897.20
|
$916.50
|
3rd Year (75%)
|
$764.70
|
$781.10
|
2nd Year (60%)
|
$611.80
|
$624.90
|
1st Year (50%)
|
$509.80
|
$520.80
|
plus the relevant proportionate
Industry Allowance.
|
|
Table 2 - Allowances
Allowances
|
1 January 2014
|
1 January 2015
|
|
2.27%
|
2.15%
|
Wet Work
|
$0.60 ph
|
$0.62 ph
|
Confined Spaces
|
$0.76 ph
|
$0.77 ph
|
Height Money
|
$0.39 ph
|
$0.40 ph
|
Asbestos
|
$0.80 ph
|
$0.81 ph
|
Fibreglass
|
$0.28 ph
|
$0.28 ph
|
Supervisor
|
$40.78 pw
|
$41.65 pw
|
Certificate - Electrician
|
|
|
Registration Certificate - Electrician
|
$22.12pw
|
$22.60 pw
|
Private Motor Vehicle
|
Rate prescribed by Premier’s and as published in STA
|
|
policies when an Employee is required to use their own
|
|
vehicle. Premier’s rate as at 1
July 2013 are currently:
|
|
|
|
Engine Capacity Rates
|
|
2601 cc and over 75 cents per km
|
|
1601 cc to 2600cc 74 cents per km
|
|
1600 cc or less 63
|
|
|
|
Casual Rates
|
|
Where an Employee uses their own vehicle with the prior
|
|
consent of the Employer, in lieu of an STA funded resource
|
|
e.g. public transport, taxi voucher or vehicle, the
Employee
|
|
shall be paid 40% of the official business rate prescribed
|
|
above.
|
Asbestos Eradication
|
$2.37ph
|
$2.42 ph
|
First Aid
|
$3.09 pd
|
$3.16 pd
|
Industry Allowance (non Apprenticed
|
$46.23 pw
|
$47.22 pw
|
full time adult employees)
|
|
|
Living Away From Home Allowance/
|
Allowances prescribed by Premier’s and as published in
|
Meal Allowance for One Day Journeys
|
STA policies shall be payable with respect to overnight
|
where refreshments and
|
travel allowance (as at 1 July 2013, rate for Sydney is
|
accommodation are not provided
|
$301.85 and Newcastle $261.85) and meal allowances for
|
|
one day journeys which as at 1 July 2013 range from
|
|
$24.90-47.75.
|
The overtime meal allowances is currently $13.80 for the
first meal and $12.00 for each
|
subsequent meal, and will be adjusted from time to time in
accordance with the
|
Crown Employees (Skilled Trades) Award.
|
M.
J. WALTON J , President
____________________
Printed by the authority of the Industrial Registrar.