State Transit Authority Newcastle Ferry Operations, General Purpose Hand
Enterprise Interim Award 2014
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Director
General, Department of Transport.
(No. IRC 105 of 2014)
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Before The
Honourable Justice Walton, President
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11 March
2014
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AWARD
PART
A
SECTION
1 - APPLICATION AND OPERATION OF AWARD
1. Title
This
Award shall be known as the "State Transit Authority Newcastle Ferry Operations,
General Purpose Hand Enterprise Interim Award 2014" ("the
Award")
2. Arrangement
SECTION
1 - APPLICATION AND OPERATION OF AWARD
1 Title
2 Arrangement
3 Definitions
4 Objective of the Award
5 No Extra Claims
6 Anti Discrimination
SECTION
2 - EMPLOYMENT RELATIONSHIP
7 Area, Incident and Duration
8 Consultative Process
9 Casual Employees
10 Engagement and Dismissal
11 Recruitment of Employees
12 Temporary Employees
13 Staffing of Vessels
14 Quality Improvement Program and Flexibility
in Work Arrangements
15 Expansion of Duties
SECTION
3 - WAGES AND RELATED MATTERS
16 Wages Rates
17 Rates for Work Outside Harbour Limits
18 Extra Duties and Special Work
19 Night and Shift Rates
20 Payment of Wages
SECTION
4 - HOURS OF WORK, BREAKS, OVERTIME AND SHIFTWORK
21 Hours of Work
22 Overtime, Saturdays, Sundays and Public
holidays
23 Crib Breaks
SECTION
5 - ALLOWANCES AND EXPENSES
24 Meal Allowance
25 Traveling Allowances
26 Taxis and Traveling
27 General Purpose Allowance
SECTION
6 - ROSTERS AND RELATED MATTERS
28 Equalisation of Weekend Work
29 Rosters
SECTION
7 - LEAVE AND PUBLIC HOLIDAYS
30 Annual Leave
31 Long Service Leave
32 Leisure Leave
33 Public Holidays
34 Sick Leave Provision
35 Personal / Carer’s Leave
36 Parental Leave
37 Bereavement Leave
SECTION
8 - OCCUPATIONAL HEALTH AND SAFETY AND TRAINING
38 Training
39 Competency Based Training
40 Safety
41 First Aid Procedures
SECTION
9 - GENERAL
42 Uniforms and Protective Clothing
43 Deduction of Union Membership Fees
44 Customer Service
45 Introduction of New Technology
46 Newcastle Ferries Business Systems
SECTION
10 - INDUSTRIAL RELATIONS
47 Dispute Settlement Procedures
48 Negotiation of Next Award
PART
B - RATES AND ALLOWANCES
Table
1 - Wage Rates
Table
2 - Other Rates and Allowances
PART
C - SIGNATORIES
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General Purpose Hand
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Subject to statutory regulations
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Master 5 (by application when vacancy
occurs on merit) restricted to specified vessels
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# current regulations
stipulate that the total training hours are 4500 made up of 1800 hours
commercial vessel training & 2700 hours which may be performed on
recreation vessels, all hours must be recorded in a record of service book.
39.3 In developing the appropriate training to
meet competency requirements there are various elements, which have to be
considered. These include:
Business
and operations requirement
Process
and task description
Standards
Training
concepts
Competency
Delivery
of training and evaluation
Refreshers
39.4 The above requirements have been divided
into two (2) groups - operations and business and expanded upon to prove
competencies in the specified area, which will enable an employee to achieve
Master V certification within Newcastle Ferries operating environment. The
business and operating requirements represent the following:
Business
understanding of business goals and their individual role commentary and public
announcements
Operating
assessed competency to operate the vessel category
People
management skills
Customer
relations skills
STA
standing orders and regulations
OHS
& R and equity
Statutory, legal obligations and regulations pertaining to role.
40. Safety
40.1 The parties agree to the following:
implement the shore based and floating emergency response
plans.
all employees, are to complete where appropriate the shore
based and floating emergency response course.
continued participation in the OHS&R Committee.
implementation of regular safety audits with published
results.
to maintain the highest standards of safety.
41. First Aid Procedures
Incorporated
into the rates contained at Part B, Table 2 of this Award shall be a component
recognising that all employees shall hold a current First Aid Certificate and
will be qualified to render first aid as required.
SECTION
9 - GENERAL
42. Uniforms and Protective Clothing
42.1 Uniform issue will be on a point
basis. Employees will be allocated 40
points per annum with two issues each year.
The following points are allocated for each garment :
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GARMENT
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POINTS
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Trousers/Slacks
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4
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Shirts/Blouses
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4
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Shorts/Culottes
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3
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Skirt
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3
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Dress
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4
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Belt
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1
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Scarf
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1
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Sloppy
Joe
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3
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Castro
Jacket
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4
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Half
Length Coat
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4
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Socks
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1
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Cap
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1
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Beanie
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1
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Shoes
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1
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42.2 Protective clothing will be issued on the
following basis to permanent employees and temporary employees employed for
more than 8 continuous weeks:
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ITEM
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POINTS
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PERIOD
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Hat
for Sun Protection
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1
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48 Months
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3/4
Length Wet Weather Coat
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1
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36 Months
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Wet
Weather Trousers
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1
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36 Months
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Dairy
Boots
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1
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36 Months
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UV
Lotion
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As Required
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42.3 These items will be replaced upon production
of evidence that they are worn out. Lost
items must be replaced by the employee at the employee's own cost unless the
employee can demonstrate to Newcastle Ferries that the loss was not their
fault.
42.4 Employees will be supplied with one pair of
sunglasses to the Australian UV standards and one pair of protective
covering/glasses suitable for the job. Clip-ons will be supplied where
requested. Where an employee uses prescription sunglasses, the employer will,
upon production of a receipt, reimburse that employee up to the amount of
$50.00.
42.5 Suitable gloves are to be provided only
when an employee is engaged on unusually rough or dirty work.
43. Deduction of Union Membership Fees
43.1 The employer shall deduct Union membership
fees from the pay of any employee who is a member of the Union in accordance
with the Union's rules, provided that the employee has authorised the employer
to make such deductions. Any such authorisation shall be in writing. Where the
employee passes any such written authorisation to the Union, the Union shall
not pass the written authorisation on to the employer without first obtaining
the employee's consent to do so. Such consent may form part of the written
authorisation.
43.2 Monies so deducted from employees' pay will
be forwarded to the Union forthwith together will all necessary information to
enable the reconciliation and crediting of subscriptions to employees'
membership accounts.
43.3 Where an employee has already authorised
the deduction of Union membership fees from their pay prior to this clause
taking effect, nothing in this clause shall be read as requiring the employee
to make a fresh authorisation in order for such deductions to commence or to
continue.
43.4 The Union shall advise the employer of any
change to the amount of membership fees made under its rules. The Union shall
give the employer a minimum of one month's notice of any such change.
43.5 An employee may at any time revoke in
writing an authorisation to the employer to make payroll deductions of Union
membership fees.
43.6 Where an employee who is a member of the
Union and who has authorised the employer to make payroll deductions of Union
membership fees resigns their membership of the Union in accordance with the
rules of the Union, the Union shall inform the employee in writing of the need
to revoke in writing the authorisation to the employer in order for payroll
deductions of union membership fees to cease.
44. Customer Service
44.1 The parties agree that State Transit
Authority is in the passenger transport business. To satisfy customers, the
parties agree to achieve the following aims :
To
deliver a service that reflects the needs of customers.
To operate with excellent safety standards for the benefit of
passengers, staff, the general public and their property.
To
provide services that meet high standards of cleanliness.
To
provide customers with complete, easily understood and up-to-date service
information.
To make
services more accessible for all passengers.
44.2 The agreed personal presentation standards
for employees will apply.
44.3 State Transit recognises that cleaning
functions form an important component of work performed by employees covered by
this Award.
Cleaning
by General Purpose Hands will include, but not be limited to:
Vessels
Mess
room
Male
and female locker rooms
Deck
of the fixed wharf
Passenger
waiting areas including seats, balustrade and perimeter glass
Hand
rails on ramps and walkways
Changing
garbage and recycling bins in co-ordination with current foreshore authority
and Newcastle City Council.
Office
facility at Queens Street Wharf
45. Introduction of New Technology
45.1 Where State Transit has made a definite decision
to introduce new technology or make major changes associated with technology
that is likely to have significant effects on employees, State Transit shall
notify employees who may be affected by the proposed changes and the Seaman’s
Union of Australia, Newcastle Branch.
45.2 State Transit shall discuss with the
employees affected and the Union the changes to be made and the effect the
changes are likely to have on employees.
46. Newcastle Ferries Business Systems
46.1 As part of the State Transit Authority,
Newcastle Bus and Ferry Services corporate responsibility’s to comply with
State and Federal Legislative Acts.
46.2 It is recognised by the parties that the
implementation and maintenance of operational systems in the business unit is
crucial to comply with State and Federal legislation Acts.
46.3 The parties are committed to developing,
implementing and maintaining the following systems.
The
Maritime Authority Of New Safety Management System
(SMS).
The
Newcastle Ferry Service, Ferry Operations Instruction Manuals.
The
Newcastle Ferry Service, Vessel Operations Manuals.
SECTION
10 - INDUSTRIAL RELATIONS
47. Dispute Settling Procedures
The
procedure for the resolution of grievances and industrial disputation
concerning matters arising under this Award shall be in accordance with the
following procedural steps:
47.1 Procedure relating to a grievance of an
individual employee:
47.1.1 The employee shall notify (in writing or
otherwise) the Employer as to the substance of the grievance, request a meeting
with the Employer for bilateral discussions and state the remedy sought.
47.1.2 The grievance must initially be dealt with as
close to its source as possible, with graduated steps for further discussion and
resolution at higher levels of authority.
47.1.3 Reasonable time limits must be allowed for
discussion at each level of authority.
47.1.4 At the conclusion of the discussion, the
Employer must provide a response to the employee's grievance, if the matter has
not been resolved, including reasons for not implementing any proposed remedy.
47.1.5 While a procedure is being followed, normal work must continue. No party shall be
prejudiced as to the final settlement by the
continuation of work in accordance
with this subclause.
47.1.6 The Employer may be represented by an
industrial organisation of employers and the employee may be represented by an
industrial organisation of employees for the purpose of each procedure.
47.2 Procedure for a Dispute between the
Employer and the Employees -
47.2.1 A question, dispute or difficulty must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
47.2.2 Reasonable time limits must be allowed for
discussion at each level of authority.
47.2.3 While a procedure is being followed, normal
work must continue. No party shall be
prejudiced as to the final settlement by the continuation of work in accordance
with this subclause.
47.2.4 The Employer may be represented by an
industrial organisation of employers and the employees may be represented by an
industrial organisation of employees for the purpose of each procedure.
47.3 Procedure for a Dispute between the Employer
and the Union
47.3.1 When the parties to this Award are in dispute
over any issue that directly affects the interests of any of the parties, the
dispute will be dealt with in accordance with this clause.
Step
1 - Where a dispute arises at the workplace the matter will be settled where
possible between the employee/s concerned or their representatives and their
immediate supervisor. Written advice as to the matter/s in
dispute to be provided. Where practical, a genuine attempt to resolve
the dispute should be made within 24 hours of the dispute being raised.
Step
2 - Where the matter remains unresolved it shall be referred to the General
Manager Newcastle Bus and Ferry Services, and representatives of the Employee
Relations Manager. The employee or their representative and or local union
delegate may also refer it to a to a union official,
who must attempt to resolve the dispute.
Step
3 - If, following action under steps 1 through to 3 a dispute remains unresolved,
the employee, their representative or a Union, or the Manager, Employee
Relations, may refer the matter to the General Manager Human Resources (or, at
the discretion of the General Manager, Human Resources, the Chief Executive)
for further attempt at resolution between the parties.
Step
4 - If, following action under steps 1 to 4, the dispute remains unresolved, a
party to the dispute must refer the dispute to unions new (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 to
assist in the resolution of the dispute.
Step
5 If, following action under steps 1 to 4,
the dispute remains unresolved any party to the dispute may refer the matter to
the New South Wales Industrial Relations Commission for resolution.
47.3.2 The parties acknowledge that, where a dispute
involves a matter where a 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 sub clause in attempting to resolve the dispute; and that an
urgent reference to the relevant tribunal may be required.
48. Negotiation of Next Award
The
parties agree to commence negotiating the next Award at least three months
prior the expiry of this Award.
PART B
Table 1 - Pay Rates
The following rates of pay shall apply to General
Purpose Hands covered by this Award:
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Operative from
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Operative from
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Operative from
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01/01/2012
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01/01/2013
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01/01/2014
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Weekly Base Rate
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928.00
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951.20
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975.00
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Daily Rate for Free Running Outside
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430.70
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441.50
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452.50
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Harbour Limits -
Clause 17.1
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Daily Rate for Cruising Outside Harbour
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519.10
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532.10
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545.40
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Limits - Clause 17.2
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Table 2 - Other Rates and Allowances
The following rates and allowances shall apply to General
Purpose Hands covered by this Award :
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Operative From
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Operative from
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Operative from
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01/01/2009
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01/01/2010
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01/01/11
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Overtime Meal Allowance - Clause 24.1
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8.00
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8.20
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8.40
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Outside Free Running - Meal Allowance -
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8.00
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8.20
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8.40
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Clause 17.1.4
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Outside Cruising - Meal Allowance -
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16.80
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17.20
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17.60
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Clause 17.2.5
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Outside Cruising - Clean Up Allowance -
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41.60
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42.60
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43.70
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Clause 17.2.7
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Casual On Call Allowance - Clause 9.8
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50.50 per day
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51.80 per day
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53.10 per day
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General Purpose Allowance - Clause 27.1
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10.00 per shift
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10.00 per shift
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10.00 per shift
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First Aid Allowance - Clause 41
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7.80 per week
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8.00 per week
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8.20 per week
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M. J. WALTON J , President
____________________
Printed by the authority of the Industrial Registrar.