COUNTRY ENERGY ENTERPRISE AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Electrical
Trades Union of Australia, New South Wales Branch, industrial organisation of
employees.
(No. IRC 2986 of 2004)
Before Commissioner
Redman
|
23 July 2004
|
AWARD
Arrangement
Clause No. Subject Matter
1. Coverage
and Parties
2. Objectives
3. Policies
and Procedures
4. Future
Negotiations
5. Definitions
6. Safety
7. Anti-Discrimination
8. Enterprise
Agreements
9. Consultation
10. Consultative
Committee Framework
11. Classification
and Rates of Pay
12. Appointments
and Gradings
13. Terms of
Employment
14. Types of
Employment
15. Performing
Alternative Work
16. Payment
17. Hours of
Work
18. Shiftwork
19. Overtime
20. On-Call
and Standing By
21. Meal Times
and Allowances
22. Travelling
Time and Fares
23. Annual
Leave
24. Award
Holidays
25. Sick Leave
26. Personal
Carer’s Leave
27. Long
Service Leave
28. Jury
Service Leave
29. Parental
Leave
30. Bereavement
Leave
31. Union
Training Leave
32. Accident
Leave
33. Grievance
Resolution Procedure
34. Outsourcing
35. Wet
Weather
36. Tools
37. Private
Motor Vehicle - Allowances
38. First Aid
Allowance
39. Leading
Hand Allowance
40. Aircraft
Allowance
41. Isolation & Climatic Allowances
42. Explosives
Allowance
43. Telephone
Allowance
44. Drivers’
Licence
45. Training
Allowance
46. Movement
of Allowances
47. Date and
Period of Operation
48. Calculation
of Service
49. Working
Away From Home
50. Salary
Sacrifice
51. Salary Maintenance
52. Workplace
Flexibility
53. Clothing
54. Union
Delegates’ Rights
55. Supply of
Residence
56. Leave
Reserved
1. Coverage and
Parties
(i) This Award
shall apply to Country Energy and its employees employed in the classifications
contained in Table 2 of this Award.
(ii) Existing
employees employed in a Professional capacity whose rate of pay exceeds
Professional Engineer Grade 8 who is not employed under an individual
employment agreement shall continue to have their terms and conditions of employment
prescribed by this Award.
(iii) This Award
governs all employment, wages and conditions of the employees to whom this
Award applies. This Award replaces the Country Energy Enterprise Award 2001
published 6 June 2003 (339 I.G. 861).
(iv) The parties to
this Award are Country Energy, the Electrical Trades Union of Australia, New
South Wales Branch; the United Services Union New South Wales Local Government,
Administrative, Energy, Airlines & Utilities Union and The Australian
Services Union and the Association of Professional, Engineers, Scientists and
Managers, Australia (NSW Branch)
2. Objectives
The agreed objectives of this Award are:
(i) Demonstrated
high value commitment to Occupational Health and Safety from Country Energy and
all employees
(ii) Achievement
of Country Energy’s corporate business objectives and strategies;
(iii) Delivery of
quality customer service and continuous improvement programs;
(iv) Development of
the highest quality training, career opportunities and occupational health and
safety programs and policies;
(v) Recognition of
the contributions of all employees to improvements in safety, productivity, efficiency and
competitiveness, and their participation in the achievement of these
objectives;
(vi) To provide
terms and conditions of employment in conjunction with operational policies and
procedures.
3. Policies and
Procedures
All operational policy and procedures relating to conditions
of employment shall be developed or altered in accordance with the consultation
process set in Clause 8 of this Award. All such Policies will be made available
at all Country Energy locations for access by all employees.
4. Future
Negotiations
At least three months before the nominal expiry of this
Award the parties shall commence negotiations for a replacement enterprise
Award.
5. Definitions
(i) "Discharge"
means termination of service as a consequence of retrenchments, reorganisation
or shortage of work or other reason for which the employee may not be entirely
responsible.
(ii) "Dismissal"
means termination of service for misconduct, inefficiency, unsatisfactory
performance or repeated absences from work.
(iii) "Resignation"
means voluntarily leaving the service of Country Energy.
(iv) "Retirement
‑ Age" means termination of an employee's service with Country
Energy:
(a) As agreed
between Country Energy and the employee, or
(b) At the
discretion of the employee after attaining the age of 55 years
(v) "Retirement
- Ill Health" means termination of employment on account of ill health
certified as rendering the employee unable in the future to perform the duties
of the employee’s appointed grade.
6. Safety
The Health, Safety and Wellbeing of Country Energy Employees
is of paramount importance. Country Energy’s
Health and Safety Policy Embodies the Following Commitments to Employee Safety:
(i) To ensure the
safety of all employees Country Energy will provide a safe working environment
in accordance with the Occupational Health and Safety Act.
(ii) All employees
will work in a safe manner as required under the Occupational Health and
Safety Act and regulations as varied from time to time.
Employees are required to wear appropriate personal
protective clothing and use safety equipment for the purpose for which they are
provided, and observe all health and safety policies and procedures
7.
Anti-Discrimination
(i) It is the
intention of the parties to seek to achieve the object in Section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
(ii) The parties
have obligations to take all necessary steps to ensure that the operation of
the provisions of this Award is not directly or indirectly discriminatory in
their effect.
(iii) 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.
(iv) Nothing in
this Clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti discrimination legislation;
(b) Offering or
providing junior rates of pay to person’s under 21 years of age;
(c) Any act or
practice of a body established to propagate religion which is exempted under
Section 56(d) of the Anti Discrimination Act 1977;
(d) a party to
this agreement from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) 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.
8. Enterprise
Agreements
The parties to this Award recognise that enterprise
agreements may be used to facilitate agreed alternative arrangements to those
in this Award. The development of enterprise agreements shall occur through the
consultation process.
9. Consultation
(i) Where
alternatives to Award provisions are being considered, the parties concerned
will utilise this consultation process with the intention of reaching
agreement.
(ii) The
consultation process includes involving all parties concerned in any analysis
and decision making about a proposed alternative arrangement.
(iii) Where an
alternative arrangement is proposed, Country Energy will take all possible
steps to ensure that any adverse affect on an employee will be minimised or
resolved.
(iv) Employees,
their union or Country Energy may initiate a consultation process.
(v) Where Country Energy
proposes to introduce major changes in business processes, organisation,
structure or technology that will have significant affects on employees,
Country Energy will consult its employees who may be affected by the proposed
changes and the relevant unions as soon as practicable.
(vi) A Consultative
Committee framework as detailed in Clause 9 of this Award provides a forum for
consultation.
10. Consultative
Committee Framework
The purpose of this Clause is to establish a consultative
framework to facilitate cooperation and trust between the parties and provide a
forum for the parties to consult each other about matters involving changes to
the organisation or performance of work at Country Energy.
(i) Consultative
Committee Charter and Structure
A Peak Consultative Committee shall be established and
will determine a Committee Charter and under that Charter, be empowered to
determine the functions, operations and framework of other Consultative
Committees established at Country Energy.
(ii) Committee
Membership
The Peak Consultative Committee shall comprise at least
one representative from each of the other Committees, a full time Union
official(s) and representatives from senior management of Country Energy.
(iii) Committee
Meetings
The Peak Consultative Committee shall meet at least
once every six (6) months.
(iv) Consultative
Committee Functions
The Peak Consultative Committee’s functions shall
include but not be limited to the following:
(a) Consider the
means by which Country Energy can ensure its competitive edge to extend its
leading role in the industry and make recommendations to the Managing Director
where appropriate.
(b) Provide a
communication link between staff, Unions and management and be a forum for
consultation and discussion on employment matters.
(c) Examine all
issues relating to the introduction of change in the workforce.
(d) Examine and
make recommendations on issues relating to outsourcing and renewal of any
contracts, where appropriate.
(e) Where alternatives
to workplace arrangements are being considered, the parties concerned will
utilise this consultation process to reach agreement on all alternatives. This is done with a view that all parties
concerned being involved in the analysis and decision making about any proposed
alternative arrangement.
(f) All members
of the Peak Consultative Committee may seek advice on matters discussed by all
Committees.
(g) Consultative
Committees shall not be utilised in respect of matters which are being or should
be processed in accordance with the Grievance Resolution Procedure.
11. Classification
and Rates of Pay
(i) An employee’s
classification shall be that which describes the major and substantial
functions and duties in the position occupied.
(ii) The
corresponding weekly rates of pay in Table 2 of this Award shall apply to
employees in their respective classifications.
(iii) The rates are
inclusive of annual leave loading.
(iv) The rates are
inclusive of a loading for work performed in the following circumstances:
confined spaces, underground work, working at heights, wet and dirty places,
use of power tools.
12. Appointments and
Gradings
An employee’s classification shall be matched to the
employee’s major and substantial functions for which the employee shall have
the skill and training necessary to properly perform.
13. Terms of
Employment
(i) Probationary
Periods
Country Energy, when offering employment may include a
probationary period of employment of up to three [3] months in the letter of
offer of employment. An initial period
of probation may be extended by up to a further three [3] months in which case,
Country Energy shall give the employee the reasons in writing.
(ii) Termination of Employment
(a) Notice of
Termination
Country Energy shall give to an employee and an
employee shall give to Country Energy notice of termination of employment of
not less than four [4] weeks other than for employees with less than twelve
[12] months continuous service who shall be entitled to one [1] week’s notice
of termination. The period of notice
may be reduced by mutual agreement.
Except where the period of notice is reduced by mutual
agreement, payment or part payment in lieu of the notice shall be made by
Country Energy if the full notice period or part notice is not given. If the
employee fails to give notice or gives incomplete notice, Country Energy shall
withhold payment in lieu of notice or part notice from any termination payment
due to the employee.
The period of notice shall not apply to dismissal for
conduct that justifies instant dismissal or for casual employees.
(b) Statement of
Employment
Country Energy shall, on request from an employee whose
employment has been terminated, give the employee a written statement specifying
the period of employment and the classification or the type of work performed
by the employee.
14. Types of
Employment
Employees covered by this Award will be employed in one of
the following categories:
(i) Permanent
Full Time Employment
Permanent full time employment covers employees working
ordinary hours on a permanent basis.
(ii) Permanent
Part Time Employment
(a) Permanent part
time employment covers employees who work on a permanent basis less than the
number of ordinary hours worked by full time employees. A part time employee’s
hours will be nominated at commencement of employment. If the employee
consistently works in excess of their nominated hours, a review will be
conducted with a view to extending the nominated hours.
(b) Part time
employees shall be paid an hourly rate calculated by dividing the appropriate
salary by the number of hours worked by full time employees in the same
classification.
(c) Part time
employees shall receive Award conditions and payments in respect of annual
leave, sick leave, long service leave and all other authorised leave on a
proportionate basis as the employee’s hours of work relate to those worked by
full time employees.
Leave shall accrue in proportion to the number of hours
actually worked up to a maximum of thirty-six [36] hours per week.
(d) When a part
time employee’s nominated day of work falls on an Award holiday, the employee
shall be entitled to take the day as a holiday without loss of pay.
(e) A part-time
employee shall be entitled to the provisions of Clause 19, Overtime in respect
of work performed outside the span of hours or in excess of their normal daily
or weekly hours of work.
(f) A part-time
employee may, by agreement, work additional hours at single time up to
thirty-six [36] hours per week subject to receiving all pro-rata leave
entitlements as prescribed for those additional hours, in which case the
overtime payments provided for in paragraph (e) herein shall not apply.
(iii) Temporary
Employment
(a) Temporary
employment covers employees engaged on a temporary basis and shall not include
a casual employee.
(b) A temporary
employee shall be paid a rate of pay and receive Award conditions as is
appropriate to either their full time or part time employment under this Award.
(c) Temporary
appointments may be made for a period of up to 12 months. At the expiration of that period work
requirements will be reviewed in consultation with the unions.
(d) Temporary
employment shall not be used as an alternative to full time employment.
(iv) Casual
Employment
(a) "Casual
Employee" means an employee engaged intermittently in work of an
irregular, occasional and/or unexpected nature, and who is engaged and paid by
the hour, but does not include an employee who could properly be classified as
a full time or part time employee.
(b) A casual
employee shall be paid the hourly rate of pay for the appropriate
classification plus a loading of twenty [20] per cent with a minimum payment of
three [3] hours pay for each start.
(c) A casual
employee shall receive overtime rates for any time worked in excess of the
ordinary hours of work for a full time employee. The casual loading is excluded
in the calculation of overtime.
(d) The casual loading
prescribed is in lieu of the annual leave, sick leave and Award holiday
entitlements arising under this Award however, the loading is not in lieu of
entitlements prescribed in Clause 27 Long Service Leave.
(e) A casual
employee shall not be utilised to replace a full-time or part-time position
other than where a permanent employee is absent on approved leave or working on
a project.
(f) Casual
appointments shall be reviewed after a continuous period of three [3] months.
(v) Apprentices
and Trainees
(a) The provisions
of this Award apply to apprentices and trainees employed by Country Energy.
(b) Employment as
an apprentice or trainee shall not continue beyond the completion of the term
of the apprenticeship or traineeship unless further employment is offered and
accepted.
15. Performing
Alternative Work
(i) An employee,
who is competent to do so, shall where required perform alternative work to
that usually performed by the employee, without reduction in pay.
(ii) Acting Higher
Grade
(a) An employee
who performs, for at least one ordinary working day, the work of another
employee which is paid at a higher rate than the employee’s position, the
employee shall be paid according to the employee’s skills, qualifications and
experience but not less than the entry level for the position.
(b) Where an Award
holiday or group of Award holidays occurs during a period when an employee is
acting in a higher paid position, the employee shall be paid for the holiday/s
at the rate for acting in the position.
(c) An employee
shall not receive higher grade pay whilst on leave unless the employee has
acted in the position for an aggregate of at least six [6] months during the
twelve [12] month period prior to going on leave or continuously for at least
three [3] months immediately preceding the commencement of the leave.
(d) Except where
an employee is relieving an employee who is on approved leave, periods of
acting in a higher grade position shall not exceed six [6] months.
(e) At the
completion of the alternate work period an employee shall return to their
former position or a mutually agreed role.
16. Payment
(i) Pay Cycle
Employees shall be paid fortnightly and pay shall be
available at the commencement of business on Thursdays by direct crediting of
pay to an employee's nominated Bank, Building Society or Credit Union account.
(ii) Deductions
Country Energy shall deduct out of an employee's pay
such amounts as the employee requests, in writing, in respect of contributions
or payments for approved purposes.
17. Hours of Work
(i) Spread of
Ordinary Hours of Work
Country Energy and its employees agree there are three
objectives to consider in determining the structure of working hours under this
Award:
(a) The most
efficient production and delivery of the service;
(b) The most
effective way of servicing the customer; and
(c) The most
effective way of meeting employee’s needs for satisfying work, personal
development, health and workplace safety.
The ordinary hours of work shall be thirty-six [36]
hours per week to be worked in eight consecutive hours per day, (exclusive of
meal breaks), over a nine day fortnight between the hours of 6.00 am and 6.00
pm. This spread of hours may be altered by mutual agreement between Country
Energy and employees concerned.
Where agreement is reached between Country Energy and
an employee or employees, up to twelve [12] ordinary working hours per day may
be worked without the payment of overtime.
Where an employee’s ordinary hours of work exceed seventy-two [72] in
any two-week [2] cycle, the employee shall be paid overtime rates for those
hours worked in excess of seventy-two [72].
(ii) Starting and
Finishing Times
The starting and finishing times within the spread of hours
shall be determined by Country Energy in consultation with the employees
concerned.
(iii) Ordinary
Hours of Work - Day Workers
(a) The
fortnightly ordinary hours of work for day workers shall be seventy-two [72]
per fortnight, to be worked on nine [9] weekdays, in any two [2] week cycle.
(b) Where Country
Energy and the Unions, in conjunction with the employees concerned, agree, the
ordinary hours of work may be worked up to a total of one hundred and forty
four [144] on nineteen [19] weekdays in any four [4] week cycle.
(c) An employee
who requests to work a thirty six [36] hour, five [5] day week may, with the
consent of Country Energy, do so.
(d) Notwithstanding
the provisions of paragraphs (a) and (b) herein, the ordinary hours of work for
employees employed in the classifications of Professional Engineer Grades 6, 7
and 8 shall be a thirty six (36) hour, five (5) day week unless otherwise
agreed.
(iv) Rostered Days
Off
(a) Where an
employee’s rostered day off falls on an Award holiday, the employee may either
take the next working day as a rostered day off or take another mutually agreed
day instead.
(b) Where mutually
agreed employees may defer and accumulate rostered days off to be taken at a
mutually agreed time provided that an employee’s accumulated rostered days off
shall not exceed five [5] in a twelve [12] month period.
(v) Ordinary Hours
of Work - Shift Workers
Except as otherwise provided, the ordinary hours of
work for shift workers shall be in a roster cycle, the number of weeks in the
cycle multiplied by thirty-six.
(vi) Alternative
Arrangements
Country Energy, an employee, or group of employees, may
enter into alternative arrangements to those in this Clause by mutual
agreement.
18. Shiftwork
(i) Hours
The ordinary hours of work shall average thirty six
[36] per week over a shift roster.
(ii) Shift Work
Defined
For the purpose of this Clause, shift work means any
work which is to be performed in accordance with a shift work roster arranged
in any of the following ways:
(a) Rotating
Roster - comprising two or more shifts in each day worked on an alternating or
rotating weekly basis and with one of the shifts being a day shift falling
within the spread of ordinary hours of work for the day workers provided for
under this Award.
(b) Afternoon
Shift - as part of a rotating roster, shall finish after 6.00 pm but not later
than midnight.
(c) Night Shift -
as part of a rotating roster, shall finish after midnight but not later than
8.00 am
(d) Early Morning
Shift - as part of a rotating roster, shall commence after 5.20 am and before
6.20 am.
(e) Permanent
Afternoon or Night Shift - comprising only one permanent shift to be worked
each afternoon or each night and not rotating or alternating with any other span
of hours.
(f) Five Day
Roster - being either a rotating shift work roster or a permanent afternoon or
night shift roster which contains shifts on a five [5] day basis, Monday to
Friday inclusive.
(g) Six Day Roster
- being either rotating shift roster or a permanent afternoon or night shift
roster which contains shifts on a six [6] day basis, Monday to Saturday
inclusive.
(h) Seven Day
Roster - being either a rotating shift work roster or a permanent afternoon or
night shift roster which contains shifts on a seven [7] day basis involving
each and every day of the week.
(iii) Payment
Employees required to work shift work shall be paid as
follows:
(a) On a rotating
roster shall be paid shift allowances as per Table 1 Allowances.
(b) Permanent Shifts
- A shift worker engaged on a permanent afternoon shift or permanent night
shift shall be paid, in addition to the ordinary-time rate of payment, an
allowance of thirty [30] percent.
(c) Shift
allowances are not included in the calculation of overtime.
(d) The shift
allowance and penalty rates are payable during periods of annual leave.
(e) Saturdays,
Sundays and Award Holidays - A shift worker who works the major part of a
normal shift or an entire normal shift (as part of a rotating or permanent
shift roster) on:
Saturday shall receive 1.5 times ordinary time rate of
pay in lieu of shift allowance.
Sunday and Award holidays shall receive 2.0 times
ordinary time rate of pay in lieu of shift allowance.
(f) Alternative
Arrangements - Shift workers who make arrangements between themselves or who at
their request, work in excess of the hours of rostered shifts or change shifts
shall not be entitled to payment of overtime for the excess hours or for the
changed shifts. Any arrangement shall be only with the approval of Country
Energy.
(iv) Shift Work -
Change of Roster and Change of Shifts
A shift worker whose shift or shifts are changed within
a roster shall be paid double ordinary time rate for the first changed shift.
This provision shall not apply where two [2] days notice of change is given.
Where notice is given on or before the second day
preceding the change of shift or change of roster an employee who works an
additional shift or shifts may take time off in lieu at a mutually agreed time.
If it is impracticable to allow the employee to take time off within a period
of eight [8] weeks the employee shall be paid for any additional shift worked
at double ordinary time rate.
(v) Non Shift
Workers Required To Work Shift Work
A non shift worker given less than one [1] week’s
notice to work as a shift worker shall be paid not less than ordinary time rate
plus thirty [30] per cent for each shift worked during a period of seven days.
19. Overtime
(i) Requirement
to Work Reasonable Overtime
It shall be a condition of employment that employees
shall work reasonable overtime to meet the needs of Country Energy.
(ii) Sixteen Hour
Working Period
(a) An employee
shall not be permitted to work more than sixteen [16] hours in any twenty four
[24] hour period.
(b) The twenty
four [24] hour period shall be calculated from the commencement time of the
sixteen [16] hours worked.
(iii) Payment for
Working Overtime
An employee, including a shift worker, required to
perform work in excess of the usual ordinary working hours or outside the usual
working hours, shall be paid as follows:
(a) Monday to
Midday Saturday:
1.5 times ordinary time rate for the first two [2]
hours. The first two [2] hours includes overtime performed immediately before
and after usual hours.
2.0 times ordinary time rate after two [2] hours.
(b) After Midday
on a Saturday, a Shift Workers Rostered Day Off and all day Sunday:
2.0 times ordinary time rate.
(iv) Time Off In
Lieu Of Overtime Payment
(a) By agreement,
an employee may elect to take time off equivalent to time actually worked in
lieu of payment.
(b) Country Energy
shall provide payment at the relevant overtime rate for any overtime worked which
was to be taken as time off in lieu and which has not been taken with two [2]
months of accrual.
(v) Standing By
An employee required to stand-by in readiness to work
overtime shall be paid at ordinary time rate of pay from the commencement of
stand-by until released or until commencement of overtime.
(vi) Minimum
Payment for Recall to Work Overtime
(a) An employee
notified at work to commence overtime later than one [1] hour after the usual
ceasing time, or earlier than two [2] hours before the usual starting time
shall be paid a minimum of four [4] hours pay at overtime rates.
(b) An employee
notified after the completion of the day’s work to work overtime which is not
continuous with the usual hours of work shall be paid a minimum of four [4] hours
pay at overtime rates.
(c) The minimum
payment of four [4] hours shall not apply in cases where overtime is
continuous, subject to a reasonable meal break, with the completion or
commencement of an employee’s usual working hours.
(vii) Rest Period After
Overtime
(a) Where
reasonably practicable, employees shall have at least ten [10] consecutive
hours off duty before commencing ordinary time work.
(b) If the period
between completion of overtime and the start of ordinary time is less than ten
[10] hours, the employee shall have a ten [10] hour rest period without loss of
pay for any ordinary hours which fall in the rest period.
(c) An employee
who is required to work without having had a ten [10] hour rest period, shall
be entitled to double ordinary time rate of pay until a ten [10] hour rest
period is taken without loss of pay for any ordinary hours which fall in the
rest period.
(d) Rest periods
shall not apply if any employee works overtime for less than four [4] hours.
(e) An employee,
recalled to work overtime between midnight and 4:00 am on the following day,
shall be entitled to extend the usual commencing time on the day following by
an equivalent period.
(f) An employee,
who is required to commence work at the usual commencing time, shall be
entitled to double ordinary time rate of pay for the equivalent period by which
the employee would have otherwise extended the usual commencing time.
(g) Where an
employee is entitled to a rest period and the rest period coincides with an Award
holiday, the employee shall be entitled to defer starting time by time
equivalent on the next ordinary working day.
20. On-Call
(i) Definitions
(a) On Call
An employee designated as On Call shall mean an
employee required being available for emergency and/or supply interruption work
at all times outside the employee’s usual hours of work.
Participation in the on call roster shall be open to
all employees who possess the skills and competencies required to undertake the
role. The On call Roster will be voluntary on and off.
On Call is not overtime that has been pre-arranged
prior to the employee’s normal ceasing time. Overtime shall be paid at the
appropriate overtime rates in accordance clause 19 - Overtime of the Award.
(b) Emergency
and/or Supply Interruption Work
On Call is emergency and/or supply interruption work
that includes restoring supply and returning to safe operating conditions any
plant and equipment. It also includes
restoring and/or operating essential IT equipment and opening call centres
other than in accordance with normal rosters to attend to high call volumes
during emergency and supply interruption conditions.
(c) Call Out
A Call Out is the time from which an on call employee
receives a call, or calls, for emergency and/or supply interruption work, to
the time the employee arrives home. A
Call Out includes work involving any further calls for service which the
employee may receive whilst out on duty or before arrival at home.. Where a Call Out continues into an employee’s
ordinary working hours double rates of pay continue until the employee is
directed to other work or is released from duty.
(d) Number of
Employees On Call and Call Out Arrangements
At locations where there are eight (8) or more on call
employees, a minimum of two (2) on call positions shall be in place
concurrently. Variations to this may be
applied to meet local needs based on call volumes and work load.
The preferred rostering arrangements will be one (1)
week in four (4).
Positions on the roster may be filled by multiple
employees on a weekly rolling basis
At locations where only one (1) on call position is in
place, when assistance is required the first call back (at two hour minimum)
will come from the remaining rostered on call employees. Should further assistance be required the
minimum four (4) hour provisions of Clause 19 - Overtime shall apply.
(ii) Availability
(a) An employee on
call shall be in the general vicinity of the On Call area for which they are
responsible and be contactable at all times and respond to Call Outs without
undue delay.
(b) The employee
shall not engage in activities or be committed in a way that would prevent the
employee immediately responding to a Call Out.
(c) An employee
shall not be required to be constantly available beyond four [4] weeks where
other employees are available for duty.
(d) Where no other
employees are available for inclusion in an On Call roster, the employee
concerned shall have at least one [1] weekend, comprising two [2] consecutive
days off duty, in each four [4] weeks, without reduction in the Call out
allowance.
(iii) Availability
Allowance - On Call
(a) The weekly On
Call Allowance is $140.00 per week for the duration of this Award.
(b) The On Call
payment shall continue to be paid to the employee during periods of leave and
worker’s compensation, on the basis of the employee’s usual payment, if the
employee has been On Call constantly or on a roster, for a period of at least
one month prior to leave.
(c) Where an
employee works to a roster, the allowance shall be divided by the number of
weeks on call in the rolling period and paid equal amounts for each week in the
period.
(d) An employee
who performs extra duty during the employee’s usual rostered off period shall
receive pro rata payment for the extra duty as follows:-
Payments for a full or part ordinary day at 20% of the
allowance for a weekday.
For a full or part Saturday, Sunday or Award holiday at
a rate of 30% of the allowance
(e) An employee shall
be entitled to On Call Allowance or part thereof, if the original rostered on
call employee is away for the following reasons:
Due to illness - sick leave/workers compensation
Country Energy commitments require the original
rostered on employee to be unavailable to fulfil their roster. This would include approved leave
commitments.
Special Leave, Bereavement, etc
Jury Duty
Due to stand Down - excessive hours worked
This will not apply due to personal roster swaps or
planned unpaid leave.
(iv) Experience
Allowance
For each completed year of experience on the on call
roster the on call allowance shall be increased by one percent for each
individual employee, up to a maximum of 20 percent, i.e.,
One completed year - one percent increase
Five completed years - five percent increase
Ten completed years - ten percent increase
Twenty completed years - twenty percent increase
(v) Payment for
Call Outs
Payment shall be at double ordinary time rate of pay
for the time required to complete each call out not during normal time.
(vi) Minimum
Payment
The minimum time payable for a call out shall be two
(2) hours at double ordinary time rate of pay.
(vii) Other
Allowances
Employees on call shall be entitled to all other allowances
that may be applicable as prescribed by the award
(viii) Rest Period
after Call Out
(a) An employee
who works during the eight (8) hours immediately preceding the employee’s usual
commencing time shall be entitled to defer the usual commencing time with out
loss of pay by a period equal to the actual time worked within those hours.
Providing that, where the employee has not had at least
a continuous six (6) hour rest period in the eight (8) hours preceding usual
commencing time, the employee shall be entitled to defer the commencing time by
five (5) hours from the normal starting time.
(b) Notwithstanding
the sub paragraph above this paragraph, where because of emergencies, an on
call employee is directed and fit to commence work at the usual starting time
and/or works into the usual starting time,
the employee shall be paid at
double ordinary rates for the period of
time which the employee otherwise would have deferred their usual
starting time.
(ix) Work on An
Award Holiday
Employees shall be granted the following as Award
holidays with pay:-
Any day proclaimed as a State wide holiday
Union Picnic Day, to be held on a mutually agreed day
with a reasonable level of service to be maintained on the day.
An on call employee who services any portion of the
award holiday shall be entitled to claim the extra day in lieu
For each award holiday an employee is required to be on
call the employee shall have one day added to their annual leave. When a roster changeover day occurs on an
award holiday, this shall apply to both roster periods.
(x) Rostered Days
Off
Where a scheduled RDO falls in a week when the employee
is to be rostered on call, the RDO shall be rescheduled.
(xi) Telephone and
Telephone Allowance
A mobile telephone will be provided for business use to
employees who participate in a one in eight roster or less. For all others a shared mobile will be
provided. The Telephone Allowance in
Clause 43 - Telephone Allowance of the Country Energy Award will only be
approved where an employee resides in a location where there is no mobile
telephone service.
(xii) Rosters
The structure and operation of rosters is to be
developed in conjunction with employees having regard to the number available
for on call and the requirements of the specific location. Wherever possible regional areas should
adopt a common roster change over date, however, if locations by majority have
a preference for a particular day the alternative day shall be implemented by
mutual agreement.
(xiii) Extra Leave
Employees who participate in an on call roster will
have extra hours calculated on the basis of one (1) hour per week worked on the
roster.
21 Meal Times and
Allowances
(i) Meal Breaks
(a) An employee
shall not, at any time, be compelled to work for more than five [5] hours
without a break for a meal.
(b) Day workers
shall be allowed, without pay and on each ordinary working day, a break in
their ordinary hours of work for a meal.
Each such meal break shall be for an unbroken period of at least half
[0.5] an hour. The time of taking and
the duration of meal breaks may be changed by mutual agreement. As far as
possible, meal breaks shall be programmed after the completion of five [5]
hours work.
(c) The provisions
of this sub-clause may be applied to shift workers when working on a day shift
which falls within the ordinary hours of work for day workers.
(ii) Shift Workers
Meal Breaks
Shift workers shall be allowed, in each ordinary working
shift, a paid meal period of twenty [20] minutes for a meal.
(iii) Working in
Usual Meal Break
Where an employee is requested to work through the
usual meal break time due to special circumstances, the employee shall be paid
at ordinary time and one half for the period by which the meal break was
deferred. Alternatively, by mutual agreement, the employee can take time off
with pay, equal to the time by which the meal break was deferred.
(iv) Meal Times
The times fixed for the taking of meal breaks during
ordinary working hours may be varied by mutual agreement between an individual
or a group of employees and their immediate supervisor.
(v) Overtime Meal
Breaks
An employee required to work overtime shall be allowed
an interval or intervals for a meal on the following basis:
(a) An employee
who works one and one half [1.5] hours or more overtime continuous with the
employee’s ordinary day’s work shall be allowed a meal break of twenty [20]
minutes which shall be paid for at the appropriate overtime rate. The meal break may be taken, by mutual
agreement, at the commencement of, during or at the conclusion of the overtime
period.
(b) An employee
working overtime shall be allowed a meal break of twenty [20] minutes which
shall be paid for at the appropriate overtime rate after each period of four
[4] hours of overtime worked.
Meal breaks so allowed shall be taken during the
overtime period by mutual arrangement, provided that an employee shall not be
compelled to work for more than five [5] hours without a meal break.
(c) Meal breaks
with pay allowed in accordance with this sub-clause shall be deemed to be time
worked for the purpose of calculating the overtime rate payable under this
Clause.
(vi) Overtime
Extended Meal Breaks
Meal breaks, where allowed during a period of overtime,
may be extended to not more than one [1] hour, provided that any extension
beyond twenty [20] minutes shall be taken without pay.
(vii) Overtime Meal
Allowance
An employee entitled to one [1] or more meal breaks in accordance
with paragraph (v) of this sub-clause shall be paid, in respect of periods of
overtime, a Meal Allowance as set out in Table 1 - Allowances.
(viii) Shift Work
Meals and Overtime
The provisions of this sub-clause relating to meal
breaks during periods of overtime and to the payment of meal allowances are
mutually applicable to shift workers required to work overtime outside the
hours of their ordinary rostered shift, except in cases where, by an approved
arrangement made between themselves or at their request, excess time is
incurred in changed shifts or in their ordinary rostered shifts.
(ix) On Call
Included
The provisions of this sub-clause apply to employees
engaged in after hours On Call and Standing By emergency and/or breakdown work
which shall, for the purposes of this Clause, be deemed to be in the nature of
overtime.
22. Travelling Time
and Fares
(i) Normal Travel
to and From Work
Time spent by an employee in normal daily travel, to
and from the employee’s home and normal place of work to attend for work, shall
be at the employee’s expense and without payment.
(ii) Additional
Travel to and From Work
Time spent by an employee in travel, outside the usual
working hours and in addition to the employee’s normal travel time to attend for
work, overtime or employer arranged training not related to the employee’s
current or possible future appointment or grading, will be paid at the
appropriate overtime rate.
(iii) Travel Time
for Training
Time spent by an employee in travel, outside the usual
working hours and in addition to the employee’s normal travel time to attend
employer arranged training which is related to the employee’s current or
possible future appointment or grading, will be at ordinary time rate
(iv) Normal Place
of Work
An employee’s normal place of work is the location to
which an employee is usually attached and is regularly used as the employee’s
base or headquarters or normal place of work.
(v) Payment of
Fares
The employee shall be reimbursed for any additional fares
which the employee has reasonably incurred in respect of a period of additional
travel.
(vi) Use of Private
Vehicle
An employee who agrees to undertake additional travel
in a private motor vehicle shall receive, in addition to payment for travelling
time, reimbursement for the casual use at the Australian Tax Office rates.
(vii) Reasonable
Travelling
When calculating travelling time, the most reasonable
way and the most expeditious route available will be used.
(viii) Travel Within
Minimum Period
An employee entitled to a minimum period payment for
overtime or other penalty work shall not be entitled to payment for travelling
time where the travelling occurred within that minimum period.
(ix) On Call
Excluded
This Clause does not apply to travelling involved in
after hours On Call emergency and/or Supply Interruption work.
23. Annual Leave
(i) Country
Energy shall grant each employee four week’s [4] Annual Leave which shall be
taken in accordance with the Annual Holidays Act 1944 (as amended).
(ii) Shift Workers
(a) Country Energy
shall grant an additional one half [0.5] of a week as paid Annual Leave to
shift workers working to a shift roster covering six [6] days per week, Monday
to Saturday.
(b) Country Energy
shall grant an additional week as paid Annual Leave to shift workers working to
a shift roster covering seven [7] days per week, Monday to Sunday.
(c) Payment for
the additional leave shall include the shift allowance and penalties. An employee who has worked as a six [6] day or
seven [7] day shift worker for a portion of the year shall be granted
additional leave on a proportionate basis.
(iii) Country
Energy shall not pay an employee in lieu of Annual Leave whilst the employee
remains an employee of Country Energy.
24. Award Holidays
(i) Employees
shall be granted the following days as Award Holidays with pay:
(a) Any day
proclaimed as a State-wide public holiday.
(b) Union Picnic
Day. The Picnic Day shall be a
recognised holiday for employees who are members of the Unions party to this
Award.
(c) By agreement
in accordance with local community arrangements a day other than the prescribed
Union Picnic Day may be taken as a substitute day.
(ii) Payment for
Work on an Award Holiday
(a) An employee,
who is required to work on an Award holiday or the day substituted, shall be
paid at the rate of double time, such rate to continue until they are relieved
from duty, in addition to the usual pay for the day.
(b) An employee
who is required to work outside of their usual working hours on an Award
Holiday shall be paid at the rate of double time and one half until released.
For a shift worker this includes overtime which is continuous with the
beginning of an Award holiday.
(c) An employee
required to work on an Award holiday shall be paid for a minimum of four [4]
hours work at double time.
(iii) Employee
Absent Prior to and After an Award Holiday
(a) An employee
shall not be entitled to payment for an Award Holiday if absent from work
without approval on the ordinary day before or after the Award Holiday.
(b) Upon request
from Country Energy, evidence of attendance at the Picnic Day will be
sufficient if a butt of the ticket to the Picnic Day is produced in order to
claim payment for the day.
(iv) Award Holiday During
Leave of Absence
An employee, absent without pay for more than five [5]
consecutive working days, shall not receive payment for any Award Holiday which
occurs during the absence.
(v) Award Holiday
for Shift Workers
(a) Rostered Day
Off
If an Award Holiday occurs on an employee’s rostered
day off under a shift roster system, then the rostered day off must be paid for
at ordinary rate or another rostered day off allowed.
(b) Normal
Rostered Shift
A shift worker who works the major part of a normal
shift or an entire normal shift on an Award Holiday shall have one [1] day
added to their Annual Leave.
(vi) Additional
Holiday
All employees shall, in addition to any day proclaimed
as a State-wide public holiday, shall be entitled to leave on full pay of one
[1] working day falling between Christmas and New Year’s Day each year which is
recognised as being in lieu of local community show days etc, provided that
employees required to work on the Additional Holiday shall not be paid penalty
rates but shall be allowed time off equivalent to that worked, without loss of
pay.
25. Sick Leave
(i) An employee
who is absent from work due to personal illness or injury, not due to injury by
accident arising out of and in the course of employment, shall have access to
Sick Leave with pay subject to the following:
(a) An employee
shall where possible notify their manager/team leader, within one [1] hour of
the employee’s usual starting time, of the employee’s inability to attend on
account of personal illness or injury and advise of the estimated duration of
absence.
(b) An employee
will not be required to produce medical certificates except as required in
Clause 25 (c). However, an employee is
required to satisfy their manager/team leader that an absence is due to
personal illness or injury.
(c) The management
of Sick Leave shall be in accordance with Country Energy’s Sick and Personal
Carers Leave Policy. If an employee is to undergo sick leave case management,
the employee may be required to produce satisfactory medical evidence.
(d) Where an
employee has a long term illness, which has caused the employee to be absent
for more than six [6] months, Country Energy will consult with the employee’s union
and the employee’s medical adviser or refer the employee to a nominated medical
practitioner to determine the likelihood of the employee returning to
work. If the medical advice confirms
that the employee will be unable to return to work, County Energy may terminate
the employee’s service.
(e) Where it has
been established, on medical advice, that the employee is unlikely to return to
work because of the employee’s illness or injury, Country Energy may terminate
the employee’s service. In addition to
other termination of employment entitlements, the employee will be paid an
amount equivalent to two [2] weeks pay for each year of service with Country
Energy up to a maximum of twenty six [26] weeks pay plus four [4] weeks pay in
lieu of notice.
(ii) Avoidance of
Duplicate Benefits
An employee, who has been granted Sick Leave under this
Clause, and who in respect of the same period of Sick Leave receives
compensation under any Act or law, shall reimburse Country Energy from that
compensation, any amounts paid as Sick Leave.
(iii) Existing
Accumulation
(a) Employees
shall have their untaken Sick Leave accumulated as at 30 June 1997
preserved. An employee shall be paid
their preserved balance where an employee’s service is terminated because the
employee is unable to return to work under sub-clause (i) (d) or (e) above, or
where an employee is made redundant by Country Energy, or when an employee
retires permanently from the workforce in accordance with Clause 5 (iv) and (v)
of this Award.
(b) Where an
employee dies, the preserved balance shall be paid to the employee’s legal
representative.
(iv) Illness During
Annual and Long Service Leave
If an employee suffers personal illness or injury for a
period of at least five [5] consecutive days whilst on Annual or Long Service
Leave, the employee will be granted additional leave equivalent to the period
of personal illness or injury which occurred during the leave. In these circumstances, satisfactory medical
evidence will be necessary.
26. Personal Carer’s
Leave
(i) An employee,
shall have access to Personal Carer’s Leave with pay to provide short term care
and support for immediate family members when they are ill. Personal Carer’s Leave is not long term
indefinite leave and only applies where no other carer is available until
alternative arrangements can be made.
The employee is obligated to put in place alternative care arrangements
as soon as possible.
(ii) An employee,
who needs to take Personal Carer’s Leave, shall notify their manager/team leader
at the first opportunity.
(iii) The
management of Personal Carer’s Leave will be in accordance with Country
Energy’s Sick and Personal Carer’s Leave policy.
(iv) Immediate
family includes the employee’s spouse (including former spouse, a de facto spouse
and a former de facto spouse), same sex partner, or a child or an adult child
(including an adopted child, a step child or an ex nuptial child), parent, ,
grandparent, grandchild or sibling and a relative of the employee who is a
member of the same household.
27. Long Service
Leave
(i) Country
Energy shall grant each employee Long Service Leave on full pay as follows:
Length of
Continuous Service
|
Amount of Leave
|
After 10 Years
|
13 weeks
|
Between 10 and 15 years
|
1.7 weeks per year
|
Between 15 and 20 years
|
2.7 weeks per year
|
After 20 years
|
2.6 weeks per year
|
(ii) Accrual of
Leave
Long Service Leave shall accrue during a period of
continuous service on a pro rata basis proportionate to the scale of leave set out
above. However, the amount of accrued leave which an employee has shall be
reduced by any period of leave previously taken.
(iii) Taking of
Leave
An employee shall not be entitled to take any period of
Long Service Leave until the employee has completed ten [10] years continuous
service with Country Energy. The taking of Long Service Leave shall be at a
time convenient to, and by mutual arrangement with Country Energy, but at the
discretion of the employee.
(iv) Fragmented
Leave
Long Service Leave may, be taken in separate periods of
not less than one [1] week.
(v) Notice of
Leave
An employee shall give Country Energy at least one [1]
month’s notice of the taking of Long Service Leave. However, a shorter period of notice may be given in cases of
unforeseen events which necessitate an employee taking leave.
(vi) Continuous
Service
For the purposes of this clause, continuous service
shall mean employment in New South Wales with any city, municipality, shire,
county district or other local government body or Electricity Commission of
NSW, including its subsequent derivatives, or employment in New South Wales
with any person or corporation which has supplied or is supplying electricity
to the public under franchise agreement in accordance with sections 420 and
506B of the Local Government Act 1919, or with any person or corporation
which has supplied or is supplying electricity to the public and from one such
body to another, which is unbroken by a period of employment or absence outside
the service of any such body, provided that:
(a) Service with
any such body shall be taken as prescribed by the appropriate Awards or
industrial agreements relating thereto;
(b) Any absence
without payment, not exceeding one [1] month, between periods of employment
with any such body, which involves genuine illness or injury or is required for
the purpose of attending to matters of a domestic or personal nature in
preparation for the taking up of a new appointment, shall be deemed not to have
interrupted the continuity of service;
(c) Any absence
without payment which exceeds one [1] month between periods of employment with
any such body shall be subject to special consideration of the reasons involved
and shall be approved by Country Energy before being accepted as not having
interrupted the continuity of service.
(vii) Periods Not
Included
Periods which shall not be included in the calculation
of continuous service are unpaid absences and periods between separate periods
of employment with Country Energy except as provided for in Clause 27 (vi) (d).
(viii) Transfer of
Credits/Payments
Recognition of previous service as defined in
subparagraph (vi) (a) of this paragraph and any consequential transfer of
credits or transfer of payments shall be limited to such bodies where there is
reciprocal recognition and arrangements for credit of past service with Country
Energy.
(ix) Payment
(a) Allowances -
An employee who regularly receives payment of On Call and Standing By allowances,
shift allowances or any allowance payable as an all purpose allowance, will
receive payment of those allowances during periods of Long Service Leave on the
same basis of payment or average payment to the employee in the four [4] week
period prior to the date of commencement of the leave.
(b) Full Pay -
During a period of Long Service Leave, an employee shall be paid in addition to
allowances, the employee’s ordinary rate of pay which the employee would have
received for the period had the employee not been on leave. Provided that in
the case of a part time employee, the payment of leave shall be calculated by
averaging the employee’s hours over the previous twelve [12] months.
(c) Payment Before
Leave - An employee shall be entitled to receive payment for the full period of
Long Service Leave prior to the date upon which the leave commences.
(x) Holidays
Excluded
Long Service Leave shall be exclusive of all Award
Holidays which occur during the period of such leave.
(xi) Termination of
Employment
(a) Ten [10] Years
Where an employee has completed at least ten [10] years
continuous service, and the employee’s employment is terminated for any reason,
or the employee dies, the employee or the employee’s legal representative,
shall be paid the amount due for the employee’s accrued Long Service Leave.
(b) Short Service
Where an employee has completed at least five [5] years
service and employment is terminated by Country Energy for any reason, or by
the employee on account of illness, incapacity or other domestic or pressing
necessity, or by reason of death Country Energy shall pay to the employee or
the employee’s legal representative the monetary equivalent of the employee’s
accrued Long Service Leave.
(c) Payment on
Termination
On termination of employment, an employee shall be paid
the ordinary rate of pay, excluding allowances, for accrued Long Service Leave.
(xii) No Payment In
Lieu
Country Energy shall not pay an employee in lieu of Long
Service Leave, whilst the employee remains an employee of Country Energy.
28. Jury Service
Leave
(i) An employee
shall notify Country Energy as soon as possible of the date upon which they are
required to attend for Jury Service.
(ii) An employee
shall be paid by Country Energy the difference between the Jury Service fee
received and the employee’s ordinary time rate of pay for Jury Service during
the employee’s usual ordinary working hours.
(iii) An employee
who attended Jury Service during a period of Annual or Long Service Leave or
paid Maternity Leave shall, on application and on production of satisfactory
evidence, be credited with leave, for the period during which the employee
would have been on annual or long service leave had the employee not been on
Jury Service.
29. Parental Leave
Employees shall have, in connection with the birth or
adoption of a child, maternity, paternity or adoption leave in accordance with
the provisions of the NSW Industrial Relations Act, 1996.
(a) An employee
shall, subject to the completion of twelve [12] months continuous service with
Country Energy, be entitled to maternity leave with full pay for a period of
nine [9] weeks, or, in the alternative, eighteen [18] weeks at half pay.
(b) An employee
shall be entitled to such additional leave without pay as shall amount in
aggregate to a total period of maternity leave not exceeding fifty-two [52]
weeks.
(c) In accordance
with this Clause, an employee may utilise the whole or part of any Annual Leave
and/or Long Service Leave or other paid leave provided that the total period of
leave does not exceed fifty two [52] weeks.
(d) Paid leave of
absence granted under this Clause shall be counted as service for the purposes
of this Award.
30. Bereavement Leave
(i) Where an
employee’s immediate family member dies, the employee shall be granted
bereavement leave with pay for any unworked part of the ordinary working day or
rostered shift during which the employee was notified of the death and up to a
further two [2] ordinary working days or rostered shifts.
(ii) Immediate
family includes the employee’s spouse (including former spouse, a de facto
spouse and a former de facto spouse), same sex partner, or a child or an adult
child (including an adopted child, a step child or an ex nuptial child),
parent, parent in law, grandparent, aunt or uncle, grandchild or sibling.
31. Union Training
Leave
(i) An employee
may make application to Country Energy for paid leave to attend Union
courses/conferences.
(ii) Country Energy’s
approval of an application for Union leave is subject to:
(a) The taking of
the leave shall be dependent upon Country Energy being able to make adequate
staffing arrangements.
(b) Training
courses/conferences should be for Union delegates or workplace representatives
for whom the approved course is of relevance.
(c) Written
application and at least six [6] weeks notice, or other agreed period, for
leave shall be given.
(d) Paid leave
will not incur any other payment other than the ordinary rate of pay.
(e) An annual pool
of paid leave up to a maximum of one hundred [100] days will be provided by
Country Energy for employees to use for Union leave. Extra leave may be granted by approval of the Managing Director.
32. Accident Leave
(i) Accident Pay
(a) An employee,
after a period or periods of worker’s compensation totalling twenty six [26]
weeks, shall be entitled to accident pay for a further period of absence, or
absences up to a period of twenty six [26] weeks of incapacity.
(b) Accident Pay
is not payable for the first twenty six [26] weeks of a period of incapacity.
(c) Accident Pay
shall mean a weekly payment of an amount representing the difference between
the amount of compensation to which the employee would be entitled to under the
NSW Workers’ Compensation Act, as amended and the employee’s ordinary
rate of pay.
(d) Accident Pay
shall be payable only for a period or periods of incapacity while the employee
remains an employee of Country Energy.
(e) An employee
shall not be entitled to the payment of Accident Pay in addition to payment for
any period of Annual Leave, Sick Leave, Long Service Leave or any Award
Holiday, or for any period for which the employee has received a verdict for
damages or a payment as settlement for a claim related to a compensation
injury.
(ii) Notice of
Injury
An injured employee shall give notice in writing, of
the injury and circumstances leading to the injury, to Country Energy without undue
delay, and shall provide in writing all other information as Country Energy may
reasonably require.
(iii) Medical
Examination
Nothing in this Clause shall in any way be taken as
restricting or removing Country Energy’s right under NSW workers’ compensation
laws, to require the employee to submit for examination by a legally qualified
medical practitioner, provided and paid by Country Energy.
If the employee refuses to submit to such examination
or in any way obstructs the same, the employee’s right to receive or continue
to receive Accident Pay shall be suspended until such examination has taken
place.
(iv) Damages or Settlement
The employee shall not be entitled to receive Accident
Pay if the employee fails to give Country Energy:
(a) An undertaking
that if the employee obtains a verdict for damages against Country Energy in
respect of the injury or is paid an amount in settlement of any claim for
damages that the employee has made against Country Energy for the injury, the
employee will immediately upon receipt of payment or upon receipt of payment by
the employee’s agent of a verdict for damages or amount in settlement of the
claim, repay to Country Energy the amount of Accident Pay which Country Energy
has paid.
(b) An undertaking
that where the injury was caused under the circumstances creating a liability
in a third party to pay damages and the employee obtains a verdict for damages
or is paid an amount of money in settlement of any claims for damages against
that third party the employee will out of such verdict or amount of money repay
to Country Energy the amount of Accident Pay which Country Energy has paid.
(c) An irrevocable
authority addressed to any third party requiring such third party out of any
verdict which may be obtained by the employee against that third party or any
amount of money payable to the employee in settlement of any claim for damages
made against that third party to pay to Country Energy the amount of Accident
Pay which Country Energy has paid to the employee.
33. Grievance
Resolution Procedure
(i) Where an
employee has a grievance or dispute concerning an employment matter, the
following steps will be taken:
Step 1 The
grievance or dispute shall first be discussed with their immediate manager/team
leader who will make the necessary enquires and give the employee or employees
a response. Every effort will be made to give the employee or employees a
response within two [2] working days.
Step 2 Should
the grievance or dispute remain unresolved, the employee or employees should
forward the details of the grievance or dispute in writing to the divisional
General Manager who will arrange a meeting, within ten [10] working days, with
the relevant people to discuss the matter with a view to resolving the
grievance or dispute.
Step 3 If
the grievance or dispute is still unresolved, the General Manager Organisation
Development and the appropriate Union official shall be notified and a
conference arranged to examine and resolve the matter.
Step 4 If
the grievance or dispute is not settled by the conference Country Energy and
the Union may refer the matter to an agreed mediator for a mediation conference
which shall be attended by the employee with their Union representative and a
person with appropriate authority from Country Energy. The costs of the
mediation shall be met by Country Energy.
(a) The mediation
conference is not to be conducted in a legalistic fashion and shall be
approached by all concerned to bring about an agreed solution. The mediator will not make decisions or
impose a solution on the parties unless requested to do so, in writing, by both
parties.
(b) If a settlement
is reached, the terms of the settlement must be written down and signed by both
parties and the mediator before the mediation conference is terminated.
(c) An agreed
settlement shall be binding on the parties and enforceable.
(d) Either party
may terminate the mediation conference, in writing, at any time.
Step 5 If
the grievance or dispute still remains unresolved, either party has the right
to have the matter referred to the appropriate industrial tribunal for
conciliation and/or arbitration.
(ii) During the
grievance and dispute resolution procedure, the normal work situation that
existed prior to the grievance or dispute arising shall be maintained and no
party shall be prejudiced.
(iii) This
procedure shall not prevent Country Energy or the Union from making direct
representations to one another on any matter giving rise to or likely to give
rise to a grievance or dispute.
34. Outsourcing
(i) Where Country
Energy is considering outsourcing work which affects employees, Country Energy
shall consult with the affected employees and Unions prior to tendering for
such work.
(ii) Country
Energy shall discuss with employees affected and the relevant Union, the
effects outsourcing is likely to have on employees and measures to minimise the
impact on employees, and shall give prompt response to matters raised by the
employees and the Unions, including consideration of employee generated
alternatives.
(iii) Where the
work to be outsourced is likely to have a long term (in excess of three [3]
months) or major impact on either:
(a) a particular
geographical location, or
(b) a particular
classification group, or
(c) a particular
existing work function
a meeting of the Consultative Committee shall be
convened and full details provided prior to the decision to tender.
(iv) Expressions of
interest or tenders when advertised shall be timed so as to provide the
employees with an opportunity to submit a conforming expression of interest or
tender to do the work to an equivalent standard, timetable, and price.
(v) If an employee
generated conforming expression of interest or tender is submitted, it shall be
evaluated together with external submissions received.
(vi) The
Consultative Committee will consider whether the work activity being considered
for outsourcing, can be carried out by current employees or whether alternative
arrangements, such as permanent part time, temporary or casual employment are a
more suitable alternative and make recommendations considered appropriate.
(vii) Work will only
be outsourced or contracted out when it can be demonstrated that either:
(a) Insufficient
overall resources are available to meet the current Country Energy overall work
commitment and work timetable, or
(b) The failure to
complete the work in a reasonable time would jeopardise the safety of the
public or impact adversely upon system performance, or
(c) The use of
outsourcing or contracting to the work is commercially the most advantageous
option taking into account; quality; safety; performance; cost; and the overall
strategic direction of Country Energy.
(viii) If after this
process has been conducted a decision to outsource has been made, the
Contractor engaged to perform the work must:
(a) Provide a
written undertaking to comply with industry safety, environmental and quality
standards.
(b) Provide a written
undertaking to conform with all Acts, Awards and agreements affecting the
employees of the Contractor.
(c) Have in place
an Enterprise Agreement with the relevant Unions except where the Contractor is
a Sole Trader with no employees.
(ix) Where an
employee’s position is no longer required the position holder shall be subject
to the provisions of the Salary Maintenance Policy.
35. Wet Weather
Where because of wet weather, an employee stops work; the
employee shall be paid for time not worked provided the employee:
(i) Remains at
work until directed to leave work;
(ii) Sands by as
directed; and
(iii) Reports for
duty as directed.
36. Tools
(i) Country
Energy shall provide employees with the necessary tools to perform their
duties.
(ii) Damaged, lost
or worn tools shall be replaced by Country Energy.
(iii) Employees
shall use the tools for their intended purpose only.
(iv) Employees
shall exercise all care in the use of and safe keeping of tools.
37. Private Motor
Vehicle - Allowances
(i) Casual Use of
Motor Vehicles
An employee who, by arrangement, uses a privately owned
motor vehicle in their job shall be paid for the casual use at the Australian
Taxation Office rates.
38. First Aid
Allowance
(i) All employees
will be encouraged to obtain a First Aid Certificate. The costs of obtaining
the certificate and the ongoing renewal costs will be met by Country Energy.
(ii) An employee
who is the holder of a current recognised First Aid Certificate and who is
designated first aid attendant shall be paid a weekly First Aid Allowance as
per Table 1 - Allowances.
39. Leading Hand
Allowance
(i) An employee
employed in a field based position who is in charge of and responsible for a
work group comprising that employee and at least two [2] other employees shall
be classed as a Leading Hand.
(ii) An amount per
week as per Table 1 - Allowances shall be added to a Leading Hand’s usual
classification and grade weekly rate of pay.
This amount shall be payable for all purposes of the Award.
(iii) An employee
may be designated as a Leading Hand on a temporary or on an acting basis to
meet short term business needs
40. Aircraft
Allowance
(i) An employee
who is required in the course of employment to be engaged in a rotary or fixed
wing aircraft in inspection and reporting on the distribution network shall be
paid an allowance as per Table 1 - Allowances, per day or part thereof whilst
so engaged.
(ii) Paid on
Overtime - this allowance shall apply during periods of overtime. This allowance is not paid for other
purposes.
(iii) Prior to use
by employees the full service history of the particular aircraft to be used are
to be made available.
41. Isolation &
Climatic Allowances
(i) Isolation
Allowance
Employees permanently attached to a Country Energy
Field Service Centre or Office in a town with a population of less than 10,000
which is 250 kilometres or more from a town or city with a population of 20,000
or greater shall be paid a weekly Isolation Allowance as set out in Table 1 -
Allowances.
(ii) Climatic
Allowance
Employees who work in Jindabyne Field Service Centre
(FSC) or other Country Energy Field Service Centre or office which is situated
upon or to the west of a line drawn from a point on the right bank of the
Murray River opposite Echuca (Victoria) and then to the following towns in the
order stated, Deniliquin, Griffith, Condobolin, Narromine, Coonamble, Gunnedah,
Narrabri, Moree and Goondiwindi shall be paid an allowance as set out in Table
1 - Allowances.
(iii) These
allowances do not form part of the ordinary rates of pay for the purpose of the
calculation of overtime or paid for other purposes.
42. Explosives
Allowance
An employee who is the holder of a Powderman’s Certificate
Of Competency issued by Work Cover and who uses and maintains explosives shall
be paid an all purpose allowance as per Table 1 - Allowances.
43. Telephone
Allowance
Employees who are required to provide a telephone at their
home for the purpose of Country Energy business, shall be given a quarterly
flat rate allowance, which shall be paid in equal weekly instalments, as set in
Table 1 - Allowances to cover telephone rent, service and equipment charges and
business calls. Where, in any quarter, the cost of business calls exceeds the
quarterly allowance, the employee shall provide proof of the additional calls
and then be reimbursed the cost of the excess calls.
44. Drivers’ Licence
An employee appointed to a position which requires the
employee to hold a motor vehicle drivers’ licence shall be reimbursed the cost
of such licence by Country Energy.
45. Training
Allowance
(i) A Training
Allowance shall as per Table 1 - Allowances shall be paid to employees required
to provide regulatory training to or carry out the functions below:-
(a) Employees who
are required to prepare and present approved regulatory training courses to
other staff members.
(b) Assessment (of
a course and/or individual participant).
(ii) The Training Allowance
shall not apply where the responsibility for the above duties is a function of
the employee’s appointed position.
(iii) All training
will be paid at ordinary time, if the course has been approved by Country
Energy.
46. Movement of
Allowances
Allowances described in the Table of Allowances shall
increase at the same percentage rate as the rates of pay other than Meal
Allowance, Isolation Allowance and On Call Allowance.
47. Date and Period
of Operation
This Award shall commence on and from the first pay period
beginning on or after the 1 July 2003 and shall remain in force up to 30 June
2005.
48. Calculation of
Service
(i) An employee’s
service with Country Energy for all purposes of this Award shall be taken to be
that period from the date of commencement to the date of termination of
employment, such dates to be inclusive provided that entitlements due under
this Award shall be subject to the deduction of any entitlements taken or
represented by payment in lieu thereof made to the employee upon termination of
employment or upon transfer from one body to another.
(ii) Periods
included:
(a) Service with
Country Energy shall include that period with the former electricity
distributors Advance Energy, Great Southern Energy and North Power provided
service is unbroken by a period of employment or absence outside the service of
any such body. Service shall include
periods of service which has been previously recognised by those bodies.
(b) Approved
periods of leave with pay.
(c) Periods of
approved sick leave with pay.
(d) Periods of
absence for which the employee is entitled to Accident Pay and/or Worker’s
Compensation.
(e) Periods of
leave without pay, if specifically approved.
(f) Any absence engaged
in National Service Training or periods of service under enlistment with any of
Her Majesty’s Forces, provided the employee has enlisted or been engaged in
National Service from and returned directly to the service of Country Energy.
(g) Any temporary
employment which is continuous with a period of full time employment.
49. Working Away from
Home
(i) An employee
required to remain away overnight shall, except as provided for in paragraph
(ii) of this Clause, be entitled to:
(a) Have Country
Energy pay for accommodation costs only and the employee to be paid beforehand
for meal and incidental allowances as per Australian Tax Office approved
allowances; or
(b) Have Country
Energy arrange and pay for accommodation costs, meals and incidental expenses;
or
(c) A lump sum
allowance paid beforehand equal to the Australian Tax Office approved schedule.
(ii) For
apprentices and for employees attending training sessions, conferences and
staff development activities Country Energy shall provide reasonable
accommodation and meals.
(iii) Where a
Corporate Card has been issued to an employee the Card may be used to pay for
overnight expenses.
(iv) Where
employees are required to remain away overnight accommodation provided by
Country Energy, or selected by the employee, where possible will be of at least
Three [3] Star standard.
50. Salary Sacrifice
(i) Employees may
elect to receive superannuation benefits in lieu of a proportion of their Award
wages. The employee’s election to vary their superannuation benefit must be in
writing and would occur no more than once per calendar year.
(ii) An employee
may elect to receive an in house benefit in the form of a reduction in
electricity accounts and/or purchase of white goods up to a total value of
$660.00 per annum in lieu of receiving the equivalent amount in wages under
this Award.
(iii) A Country
Energy motor vehicle with private use approved in accordance with the Motor
Vehicle Policy where appropriate.
51. Salary
Maintenance
Employees whose positions have been identified as being no
longer required and who elect to remain with the organisation [ml] will be
subject to the salary maintenance provisions of Country Energy’s Salary
Maintenance Policy from the date of being informed in writing that their
position is no longer required.
52. Workplace
Flexibility
(i) Intention
These flexibility arrangements are to apply to short
term arrangements between employees and Country Energy which shall be by mutual
agreement. They are not to permanently
replace the standard Award conditions and should be specifically project
orientated. The Unions will be advised in writing of any proposed workplace
flexibility alternate arrangements.
(ii) Consultation
The Unions will be consulted in respect to workplace
flexibility alternate arrangements.
(iii) Workplace
Flexibility Arrangements
(a) Nature of
Arrangements
Under the terms of this Agreement the workplace
flexibility arrangements that may be entered into may include, but not be
limited to, the following matters:
Hours of Work.
Overtime including accrual and cashing in of time in
lieu of overtime.
Travel and accommodation expenses.
(b) Negotiating
Workplace Flexibility Arrangements
Discussions leading to agreed workplace flexibility arrangements
should be between the relevant manager/team leader, the local Union Delegate
and the employees affected by the arrangement. Discussions should include all
relevant details including:
Nature of work to be performed;
How the work is to be performed;
Who is to perform the work;
When the work is to be done;
The basis on which payment, or otherwise, is to be
made; and
The timeframe the arrangement is to run for.
Country Energy will endeavour to source employees from
within the regions/Field Service Centres concerned. When insufficient numbers are available consultation will occur
with the relevant Union/s prior to seeking interest external to the region/
Field Service Centres concerned.
Where this occurs and the interested employees exceed the
required numbers, the normal selection process shall apply.
(c) Recording the
Arrangement
The agreed workplace flexibility arrangement shall be
committed to writing.
53. Clothing
(i) To fulfil
safety requirements relating to the provision of personal protective clothing,
Country Energy shall provide personal protective clothing in accordance with an
agreed schedule.
(ii) Employees
must ensure they wear and/or use appropriate clothing and/or equipment for the
purpose for which it was provided.
(iii) Clothing will
be replaced on a fair wear and tear basis approved by the employee’s
manager/team leader.
54. Union Delegates’
Rights
Union Delegates at Country Energy shall have the right to:
(i) Approach, or
be approached by a member for the payment of Union dues or other payments, or
to discuss any matter related to this member’s employment, during working
hours.
(ii) After
advising the employer upon arrival and obtaining permission the right of the
Union organiser/official and the Union delegate to move freely for the purpose
of consulting other delegates during working hours and to negotiate with the
management together with other Union delegates on behalf of all or part of the
members and on any matters in accord with Union policy affecting the employment
of members.
(iii) Call meetings
and for members to attend these meetings on the job, such meetings to be
outside of work time unless prior permission obtained.
(iv) Have
protection for victimisation and this right to be expressed in prohibiting the
employer seeking to separate the Union delegate from the Union members that
elected them without first consulting with the Union.
(v) Have access to
a telephone, computer, intranet and internet, to have within their work
proximity suitable cupboards and furniture to enable them to keep records,
Union circulars, receipt books, etc so as to efficiently carry out the Union
responsibilities.
(vi) Place notices
on notice boards after advising the employer of the notice details. Notices can be placed on notice boards
dealing with matters of interest to members and within the policy of Country
Energy.
(vii) Attend
meetings (eg regional, organisational or delegates) held by the Union in which
they hold office without loss of any or rights following the approval of the
Country Energy.
(viii) Have all
agreements and arrangements negotiated with Country Energy set out in writing,
and for these agreements and arrangements, including Awards, to be provided to
delegates on request.
55. Supply of
Residence
Where an employee is provided with a residence by Country
Energy (with or without concessions), the weekly value of such residence and
concessions shall be determined by Country Energy.
56. Leave Reserved
In the absence of consent, the parties agree that the Unions
may make application for the variation of the Award to insert a Bargaining
Agents Fee.
Country Energy Rates of Pay.
Pay point
|
Current
|
$
|
$
|
$
|
AQF Level
|
|
|
1.7.2003
|
31.12.2003
|
1.7.2004
|
|
|
|
3%
|
2%
|
5%
|
|
1
|
361.91
|
372.77
|
380.22
|
399.23
|
|
2
|
439.70
|
452.89
|
461.95
|
485.05
|
|
3
|
509.19
|
524.47
|
534.96
|
561.70
|
|
4
|
570.58
|
587.70
|
599.45
|
629.42
|
|
5
|
590.00
|
607.70
|
619.85
|
650.85
|
|
6
|
610.00
|
628.30
|
640.87
|
672.91
|
|
7
|
620.00
|
638.60
|
651.37
|
683.94
|
|
8
|
639.61
|
658.80
|
671.97
|
705.57
|
|
9
|
652.46
|
672.03
|
685.47
|
719.75
|
|
10
|
692.60
|
713.38
|
727.65
|
764.03
|
|
11
|
720.39
|
742.00
|
756.84
|
794.68
|
|
12
|
734.74
|
756.78
|
771.92
|
810.51
|
|
13
|
749.50
|
771.99
|
787.42
|
826.80
|
|
14
|
764.43
|
787.36
|
803.11
|
843.27
|
AQF 3
|
15
|
779.90
|
803.30
|
819.36
|
860.33
|
|
16
|
795.51
|
819.38
|
835.76
|
877.55
|
|
17
|
811.41
|
835.75
|
852.47
|
895.09
|
|
18
|
827.44
|
852.26
|
869.31
|
912.77
|
|
19
|
844.06
|
869.38
|
886.77
|
931.11
|
|
20
|
860.98
|
886.81
|
904.55
|
949.77
|
|
21
|
870.00
|
896.10
|
914.02
|
959.72
|
|
22
|
878.19
|
904.54
|
922.63
|
968.76
|
|
23
|
895.63
|
922.50
|
940.95
|
988.00
|
|
24
|
913.69
|
941.10
|
959.92
|
1007.92
|
|
25
|
931.89
|
959.85
|
979.04
|
1028.00
|
AQF4
|
26
|
969.75
|
998.84
|
1018.82
|
1069.76
|
|
27
|
988.92
|
1018.59
|
1038.96
|
1090.91
|
|
28
|
1029.03
|
1059.90
|
1081.10
|
1135.15
|
|
29
|
1049.53
|
1081.02
|
1102.64
|
1157.77
|
Diploma
|
30
|
1070.44
|
1102.55
|
1124.60
|
1180.83
|
|
31
|
1091.94
|
1124.70
|
1147.19
|
1204.55
|
|
32
|
1113.89
|
1147.31
|
1170.25
|
1228.77
|
|
33
|
1136.11
|
1170.19
|
1193.60
|
1253.28
|
Advanced Diploma
|
34
|
1182.04
|
1217.50
|
1241.85
|
1303.94
|
|
35
|
1205.57
|
1241.74
|
1266.57
|
1329.90
|
|
36
|
1229.63
|
1266.52
|
1291.85
|
1356.44
|
|
37
|
1279.35
|
1317.73
|
1344.09
|
1411.29
|
Technical
Management
|
38
|
1331.19
|
1371.13
|
1398.55
|
1468.48
|
|
39
|
1384.82
|
1426.36
|
1454.89
|
1527.64
|
|
40
|
1440.81
|
1484.03
|
1513.71
|
1589.40
|
|
41
|
1469.72
|
1513.81
|
1544.09
|
1621.29
|
|
42
|
1499.00
|
1543.97
|
1574.85
|
1653.59
|
|
43
|
1590.00
|
1637.70
|
1670.45
|
1753.98
|
|
44
|
1655.03
|
1704.68
|
1738.77
|
1825.71
|
|
Country Energy
Allowances
Table 1 -
Allowances
|
Clause
|
Allowance
Description
|
Amount $
|
Amount $
|
Amount $
|
Frequency
|
|
|
|
01/07/03
|
31/12/03
|
1/07/04
|
|
|
18
|
Shift Allowance
|
|
|
|
|
|
|
Afternoon shift
|
17.75
|
18.11
|
19.02
|
Per Shift
|
|
|
Night shift
|
17.75
|
18.11
|
19.02
|
Per Shift
|
|
|
Early morning shift
|
8.23
|
8.39
|
8.81
|
Per Shift
|
|
20
|
On Call Allowance
|
140.00
|
140.00
|
140.00
|
Per Week
|
|
|
Per day Mon to Fri
|
28.00
|
28.00
|
28.00
|
Per Day
|
Not to exceed
|
|
Per Day Sat/Sun/Hol
|
42.00
|
42.00
|
42.00
|
Per Day
|
max weekly rate
|
|
Duty Officer Allowance
|
100.94
|
102.96
|
108.11
|
Per Week
|
Not to exceed
|
|
Per Day
|
20.19
|
20.59
|
21.62
|
Per Day
|
max weekly rate
|
21
|
Meal Allowance
|
11.33
|
11.56
|
12.14
|
Per meal
|
|
38
|
First Aid Allowance
|
11.74
|
11.97
|
12.57
|
Per week
|
|
39
|
Leading Hand Allowance
|
46.31
|
47.24
|
49.60
|
Per week
|
|
40
|
Aircraft Allowance
|
15.02
|
15.32
|
16.09
|
Per day
|
|
41
|
Isolation Allowance
|
49.44
|
49.44
|
49.44
|
Per week
|
|
|
Climatic Allowance
|
8.12
|
8.28
|
8.69
|
Per week
|
|
|
Per Day at Location
|
1.62
|
1.66
|
1.74
|
Per day
|
|
42
|
Explosives Allowance
|
12.78
|
13.04
|
13.69
|
Per week
|
|
43
|
Telephone Allowance
|
13.05
|
13.31
|
13.98
|
Per week
|
|
45
|
Training Allowance
|
26.02
|
26.54
|
27.87
|
Per day
|
|
J. N. REDMAN, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.