(764)

SERIAL C2042

 

CONNEX SYDNEY PTY LTD TRADING AS METRO MONORAIL (STATE) ENTERPRISE AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 3155 of 2003)

 

Before Commissioner Macdonald

26 June 2003

 

AWARD

 

Part A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

PART A

 

1.         Arrangement

2.         Award Status

3.         Definitions

4.         Contract of Employment

5.         Training

6.         Skills Audit/Performance Appraisal

7.         Hours

7A.      Implementation of 38-Hour Week

7B.       Rostered Days Off Duty

8.         Wage Rates

8A.      Process of Quality Assurance Accreditation and Continuous Improvement Program

9.         Additional Rates (Allowances)

10.       Shift Premiums

11.       Saturday and Sunday Work during Ordinary Hours

12.       Payment of Wages

13.       General Conditions

14.       Overtime

14A.    Sunday Work

14B.     Call Back

15.       Attendance at Meetings

16.       Travelling Time and Expenses

17.       Mixed Functions

18.       Public Holidays

19.       Sick Leave

20.       Annual Leave

20A.    Annual Leave Loading

21.       Redundancy

22.       Long Service Leave

23.       Bereavement Leave

24.       Compassionate Leave

25.       Maternity Leave

26.       Family Leave

27.       Paternity and Adoption Leave

28.       Jury Service

29.       Attendance at Repatriation Centres

30.       Disputes Procedure

31.       Union Delegate

32.       Anti-Discrimination

33.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Award Status

 

This award is made by consent of the parties and incorporates all State Wage Case decisions up to and including the State Wage Case decision of May 2003.

 

3.  Definitions

 

(i)         Permanent Employee means an employee paid by the week or fortnight, as the case may be.  Such employee may be engaged for a probationary period of three months.

 

(ii)        Casual Employee means an employee engaged and paid as such but shall not include an employee regularly rostered to work 38 hours or more per week.

 

(iii)       Part-time Employee means an employee paid by the week or fortnight, as the case may be, but who is required to work a constant number of ordinary hours each week that is less than the ordinary number of hours prescribed for permanent employees.

 

(iv)       Monorail Attendant means a person employed to assist and support a Monorail Supervisor on or about a Monorail Station, whose duties include but are not limited to crowd control, facilitation of passenger access and assisting to ensure a clean, safe and secure environment for the passengers.

 

(v)        Monorail Ranger means a person employed to watch, guard and protect the passengers of the Monorail and the premises, property and personnel of the company, to ensure Regulations are adhered to and safety and security is optimised, working in conjunction with and being responsive to Monorail Supervisors and in turn to the Senior Supervisors.

 

(vi)       Monorail Supervisor means a person employed to be responsive to Monorail Senior Supervisors, reporting to the Duty System Officer whilst working in or about the Monorail System in conjunction with Monorail Attendants, Rangers and other Supervisors, to ensure a clean, safe, secure and efficient service is provided to the passengers.

 

(vii)      Monorail Senior Supervisor means a person with like duties as a Monorail Supervisor who has additional functions including, but not limited to, loading and clearance of token vending machines and turnstiles, general management of cash into and out of the Monorail System, overall supervision in conjunction with the Duty System Officer of all Attendants, Rangers and Supervisors on duty at any one time, to ensure a clean, safe, secure and efficient service is provided to passengers.

 

(viii)     Monorail Senior Supervisor CCR Qualified means a person who performs the role of the Senior Supervisor described in subclause (vii) of this clause but who has, in addition, achieved a level of proficiency that enables the Senior Supervisor to assist the Duty System Officer in the day-to-day operation of the Monorail System.

 

(ix)       Seven-day Shift Worker means an employee whose ordinary working period includes Saturdays, Sundays and public holidays on which the employee may be regularly rostered for work.

 

(x)        Day Worker means an employee engaged to work day shift Monday to Friday, inclusive.  Such employee may only be asked, but not required, to work public holidays.

 

(xi)       Day Shift means any shift commencing at or after 6.30 a.m. and finishing at or before 6.00 p.m.

 

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

 

(xiii)     Night Shift means any shift finishing after midnight and at or before 8.00 am; or any shift commencing at or after midnight and before 5.00 a.m.

 

(xiv)     Early Morning Shift means any shift commencing at or after 5.00a.m. and before 6.30 a.m.

 

(xv)      Night Shift Non-Rotating means any shift system in which night shifts are worked where they do not rotate with other shifts so as to give the employee at least one-third of the roster cycle off night shift.

 

(xvi)     Ordinary Pay means the base rate of pay as prescribed for ordinary time worked.

 

(xvii)    Ordinary Time means any time worked in any week between 6.30 a.m. and 6.00 p.m. Monday to Friday, excluding public holidays, up to a maximum of 38 hours.

 

(xviii)   Union means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

 

(xix)      Company means Connex Sydney Pty Ltd trading as Metro Monorail or any successor or transferee or assignee of the whole or any part of the business, undertaking or establishment.

 

4.  Contract of Employment

 

(i)         Employees under this award shall be engaged either as permanent, casual or part-time employees and shall be issued with a letter of appointment at the time of engagement, which the employee shall acknowledge.

 

(ii)        Employees shall be provided with a Duty Statement at the time of their engagement and at such time as when they are transferred/promoted to another function/classification.

 

Employees are required to perform (or agree to be trained to so perform) a range of duties incidental or peripheral to their main tasks as prescribed in their Duty Statement which is logical and reasonable for them to perform.

 

(iii)       The company shall, by legible notice displayed at some place accessible to the employees or by direct distribution of a copy to each employee, notify the commencing and ceasing times of ordinary hours of work.  Such times, once notified, shall not be changed, without the payment of overtime, or by seven days' notice given in accordance with this subclause; provided that, by agreement between the company and the employee (notified in writing to the union), less than seven days' notice may be substituted in lieu thereof.

 

(iv)       An employee's commencing and ceasing times of ordinary hours of work shall operate at the actual job or work station, provided that, where an employee is required to collect or return (prior to proceeding to the work site) company equipment (such as a radio, keys, etc.) from a location other than the actual work site, then the commencing and ceasing times of ordinary work shall operate from such point of collection.

 

(v)        Probationary Period

 

(a)        New employees may be engaged for a probationary period of three months or a minimum of 494 hours.  During the first three weeks of employment the employment of such employees may be terminated by the company with one hour's notice.  Permanent employees promoted to a higher classification may be required to complete a probationary period of three months and may be relegated to their prior classification at any time within that period if the company assesses their performance as not satisfactory.

 

(b)        Casual employees who are subsequently engaged as permanent employees may be engaged for a probationary period of three months.  During the first week of permanent employment the employment of such employees may be terminated with one hour's notice.

 

(c)        The only other probationary period to apply would be that imposed by the company for disciplinary purposes.

 

(vi)       The employment of any employee other than a casual employee shall be terminated by the company only by one week's notice in writing or by the payment or forfeiture, as the case may be, of one week's wages in lieu thereof.  The employment of any employee may be terminated by giving the company one week's notice in writing to quit, other than a casual employee who is required only to give one hour's notice.

 

(vii)      The employment of a casual employee may be terminated by the company giving one hour's notice.

 

(viii)     Notwithstanding the foregoing provisions, the company may dismiss without notice the employee at any time for misconduct or wilful disobedience and then shall be liable for payment up to the time of dismissal only.

 

(ix)       It is a condition of employment that employees will not divulge or use any confidential information, i.e. any information not lawfully available to the public at large, relating to the affairs of the company.

 

(x)        On the termination of employment the company shall, at the request of an employee, give such employee a statement signed by the company stating the period of employment, the class of work employed upon, and when the employment terminated.

 

(xi)       On the termination of employment, an employee shall return to the company all uniforms, identity cards, vehicles, keys, property of the company and all other items issued to employees.

 

(xii)      Where on termination an employee fails to return any uniform and protective clothing issued, the company may deduct the monetary value of such uniform/clothing from the employee's termination pay.

 

(xiii)     Mechanisation and Technological Changes

 

Notwithstanding the provisions of subclause (vi) of this clause, where, on account of the introduction or proposed introduction by the company of mechanisation or technological changes in the industry in which the company is engaged, the company terminates the employment of an employee who has been employed for the preceding 12 months, such employee shall be given three months' notice of the termination of employment; provided that, if the company fails to give such notice in full:

 

(a)        the employee shall be paid at the rate specified for the employee's ordinary classification in clause 8, Wages Rates, for a period equal to the difference between three months and the period of the notice given; and

 

(b)        the period of notice required by this subclause to be given shall be deemed to be service with the company for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the company to summarily dismiss an employee for the reasons specified in subclause (viii) of this clause shall not be prejudiced by the fact that the employee has been given notice pursuant to this subclause of the termination of the employee's employment.

When the company gives to an employee notice of the termination of employment on account of the introduction or proposed introduction of mechanisation or technological changes, within 14 days thereafter the company shall give notification in writing to the Industrial Registrar, the Director of Vocational Guidance, the Director of Technical and Further Education and the Secretary of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, of that fact, stating the employee's name, address and usual occupation and the date when the employment terminated or will terminate in accordance with the notice given.

 

5.  Training

 

(i)         All employees covered by this award will be required to undertake training, as nominated by the company, appropriate to their skill levels or in order to be transferred to a higher skill level.

 

(ii)        Where possible, such training shall be carried out on day shift during the employee's ordinary working hours.

 

(iii)       Permanent employees may be transferred from any other shift to day shift to undertake specified training.  Such transfer will be without loss of pay.

 

(iv)       An employee may be required to undertake training for up to two hours prior to the commencement of a shift or for up to two hours after the completion of a shift.  Such time is to be treated as time worked and paid for at ordinary-time rates of pay and the provisions of clause 14, Overtime, shall not apply to such time worked, nor shall the provisions of subclause (iv) of clause 7, Hours.

 

After completion of any scheduled training on a daily basis, each employee shall be given at least eight hours off duty (excluding travelling time) before there is a requirement to resume ordinary hours.  Provided that, where an employee is rostered to work on the shift on which such training is undertaken, then the said employee shall resume normal duties until the completion of such shift.

 

(v)        Relief arrangements for training purposes shall be organised at the discretion of the company.

 

(vi)       Where training is conducted off site during normal working hours, such time shall be treated as ordinary time worked.  Provided that reasonable travelling expenses shall be paid.

 

(vii)      Where an employee is required to undertake a course at a TAFE college or any other like external training establishment outside normal working hours, such time shall not count as time worked; however, any reasonable expenses associated with such course shall be paid by the company.  Provided that, when necessary, shift workers shall be granted time off to attend such a course where it is held during an employee's rostered shift, such time to count as time worked.

 

(viii)     Rostered Days Off may be re-scheduled to fit in with a training schedule by mutual agreement between the company and the employee.

 

(ix)       Where training is conducted for permanent staff on days other than rostered working days, time spent attending such training shall be treated as time and a half unless outside normal office hours of 8.00 a.m. to 6.00 p.m., Monday to Friday, whereupon overtime rates shall apply.  Such arrangement shall be mutually agreed upon between the employee and employer.

 

(x)        Where training is conducted for casual staff, such time shall be treated as ordinary time unless outside shift hours of 6.30 a.m. to 6.00 p.m., Monday to Friday, whereupon shift premiums shall apply, subject to the provisions of subclause (iii) of clause 4, Contract of Employment.

 

6.  Skills Audit/Performance Appraisal

 

The company will undertake periodic Skills Audit and Performance Appraisal of employees with which employees will co-operate.  Such audit and appraisal shall be undertaken with the consultation of employees.

 

7.  Hours

 

(i)         Permanent Employees

 

Subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week, to be worked on one of the following bases:

 

(a)

 

(1)        76 hours within a roster cycle not exceeding 14 consecutive days;

 

(2)        114 hours within a roster cycle not exceeding 21 consecutive days;

 

(3)        152 hours within a roster cycle not exceeding 28 consecutive days.

 

Such hours shall be worked in shifts of no more than ten consecutive hours with not more than one shift in any period of 24 hours, by consent.

 

(b)        Subject to the provisions of paragraph (c) of this subclause and except in the case of change of shifts, notice of which has been given in accordance with subclause (iii) of clause 4, Contract of Employment, not more than seven consecutive shifts in seven consecutive days shall be worked without the payment of overtime.  Provided that, where there is agreement in writing between the company and all the employees affected, a roster is worked providing for an employee to be rostered off duty for at least the next 48 hours immediately following such seven consecutive days.

 

(c)        A new employee (other than a casual employee) on engagement may work up to three shifts as part of an initial training period.  Such shifts shall be paid for at the appropriate rate of pay prescribed by clause 10, Shift Premiums, but shall not form part of the normal roster cycle provided for in paragraph (a) of this subclause.  The normal roster cycle shall commence on the fourth shift.

 

In applying the above, the company is to ensure an employee as a consequence is not required to work more than eight days consecutively prior to a break, provided such is reasonably practical to manage.

 

(ii)        Casual Employees

 

Subject to the provisions of subclause (ii) of clause 3, Definitions, the ordinary working hours shall not exceed eight hours on any day or night shift or 38 hours in any week without the payment of overtime.

 

(iii)       Continuity

 

In all cases shifts of work shall be continuous and time shall start from the commencement of the shift.

 

(iv)       Crib Break

 

A crib time of not less than 20 minutes shall be allowed, plus ten minutes travelling time.  Crib breaks shall be taken no earlier than the third hour and not later than the fifth hour from the commencement of the shift, except in the case of emergency, provided such is reasonably practical to manage.  Time allowed as crib time shall be regarded as time worked and shall be paid for as such, provided that a crib break shall be allowed during any engagement in excess of five hours.

 

7A.  Implementation of 38-Hour Week

 

(i)         The ordinary hours of work shall be an average of 38 per week as provided in clause 7, Hours.

 

(ii)        The method of implementation of the 38-hour week shall be any one of the following:

 

(a)        19-Day Month

 

Employees shall accrue 0.4 of an hour for each eight-hour ordinary shift worked or pro rata where hours vary to accommodate an average 38-hour week worked, to allow one complete shift to be taken off as a paid shift during each cycle of 28 consecutive days.

 

Provided that such rostered days off may be accumulated so as to allow up to five consecutive days to be taken off in each consecutive period of up to 20 weeks or such accumulation may be extended up to a maximum of ten consecutive days.

 

(b)        Where there is agreement in writing between the company, the employee and the union, an employee may be rostered off for four hours (a half day) on one day as part of a roster cycle of 76 hours in 14 consecutive days.  Such hours shall be paid hours.  An employee shall be entitled to no more than 24 such paid half days in any 12 months of consecutive employment.

 

(c)        Where there is agreement in writing between the company, the employee and the union, an employee may work a roster cycle of 114 hours in 21 consecutive days (which shall include one only shift of ten ordinary hours duration) so as to allow one complete shift to be taken off as a paid shift during each such roster cycle.  An employee shall be entitled to no more than 17 such paid shifts off in any 12 months of consecutive employment.

 

(iii)       Each day or shift of paid leave taken (excluding annual leave and long service leave) during any roster cycle shall be regarded as a day or shift worked for accrual purposes.

 

(iv)       On termination of employment an employee shall be paid the value of any credits accrued from each day or shift worked in the roster cycle towards the taking of paid rostered days off duty.

 

7B.  Rostered Days Off Duty

 

(i)         Rostering

 

(a)        Where possible, rostered days off shall be scheduled by mutual agreement between employees and the company.  Rostered days off may be accumulated up to a maximum of ten days and be scheduled to suit the needs of the company's business.  The dates for taking such accumulated days off shall be notified to an employee at least four weeks in advance of the days to be taken.

 

Rostered days off may be integrated by the company within a roster to be distributed as evenly as practical.

 

(b)        The company, with the agreement of the majority of employees concerned, may substitute the day an employee is to be rostered off duty for another day in the case of an emergency or to meet the requirements of a particular establishment.

 

(c)        An individual employee, with the agreement of the company, may substitute the day such employee is rostered off duty for another day.

 

(d)        In the event that an employee is rostered off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day.

 

(ii)        Rostered Day Off Falling on a Public Holiday

 

In the event of an employee's rostered day off falling on a public holiday, the employee and the company shall agree to an alternative day off duty as a substitute.  Provided that, in the absence of agreement, the substituted days shall be determined by the company.

 

(iii)       Work on Rostered Day Off Duty

 

Subject to subclause (i) of this clause, any employee required to work on their rostered day off shall be paid in accordance with the provisions of clause 14, Overtime, only where it is not possible to substitute another day for the rostered day off so worked.

 

(iv)       Sick Leave and Rostered Days Off

 

Employees are not eligible for sick leave in respect of absences on rostered days off, as such absences are outside their ordinary hours of duty.

 

(v)        Annual Leave and Rostered Days Off

 

There is no entitlement to a rostered day off during a period of annual leave, as such days do not count as time worked for accrual purposes.

 

8.  Wage Rates

 

(i)         The minimum rates of pay for permanent employees shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.  The rates of pay for permanent employees in the classifications prescribed in this award shall be as set out in Column A of the said Table 1, and the rates for allowances shall be as set out in Table 2 - Other Rates and Allowances, of the said Part B.

 

The rates of pay in this award include the First, Second and Third Arbitrated Safety Net Adjustments payable under the State Wage Case December 1994 decision.  These arbitrated safety net adjustments may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991.  Increases made under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting at enterprise level, are not to be used to offset arbitrated safety net adjustments.

 

The rates of pay in this award include all arbitrated safety net adjustments and the adjustments payable under the State Wage Cases of August 1997, June 1998, June 1999, May 2000, May 2001, May 2002 and May 2003.  These adjustments may be offset against:

 

(a)        any equivalent over-award payments; and/or

 

(b)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

(ii)        Part-time Employees

 

A part-time employee for working ordinary time shall be paid one thirty-eighth of the appropriate weekly wage prescribed by this award for the class of work performed, plus 10 per cent (calculated to the nearest whole cent).

 

(iii)       Casual Employees

 

A casual employee for working ordinary time shall be paid one thirty-eighth of the appropriate wage prescribed by this award for the class of work performed, plus 15 per cent (calculated to the nearest whole cent).

 

The hourly rates of pay, inclusive of casual loading, shall be for the various categories of employees set out in Column B of the said Table 1.

 

In addition to the ordinary hourly rate described in this subclause and as set out in Column B of the said Table 1, a casual employee shall be entitled to one-twelfth of the ordinary hourly rate as entitlement to pro rata annual leave and shall be paid such an amount at the same time as prescribed for the payment of wages in clause 12, Payment of Wages.

 

(iv)       Probation Rate

 

Employees engaged for a probationary period in accordance with clause 4, Contract of Employment, will be paid at 85 per cent of the normal rate for the probation period.

 

(v)        Part-time Employees Minimum Engagement

 

A minimum engagement of three hours shall be paid for each start, subject to the provisions of clauses 14, Overtime, and 18, Public Holidays.

 

(vi)       Casual Employees Minimum Engagement

 

A minimum engagement of three hours shall be paid for each start, subject to the provisions of the said clauses 14 and 18.

 

8A.  Process of Quality Assurance Accreditation and Continuous Improvement Program

 

The parties to this award are committed to the ongoing process of Quality Assurance Accreditation and to a Continuous Improvement Program, fundamental to the long-term ongoing viability of the company.

 

The company and the employees shall have enterprise discussions entailing an objective review of current work practices and procedures to establish where improvements can be made and implemented so as to optimise productivity, flexibility, promotional opportunities, job satisfaction, service levels, safety and the overall success of the company as a commercial enterprise.

 

9.  Additional Rates (Allowances)

 

(i)         Senior Supervisors

 

Employees classified as Senior Supervisors placed in charge of other employees shall be paid, in addition to their ordinary wages, an allowance per week as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.  Part-time and casual Senior Supervisors shall be paid an allowance per shift as set out in Item 2 of the said Table 2 up to a maximum per week as set out in the said Item 2.

 

(ii)        First-aid Allowance

 

An employee who is a qualified first-aid attendant and who is required to carry out the duties of same shall be paid an additional amount per week as set out in Item 3 of the said Table 2.

 

Part-time and casual employees shall be paid an additional amount per shift as set out in Item 4 of the said Table 2 up to a maximum per week as set out in the said Item 4.

 

(iii)       Uniforms

 

Where a uniform is required to be worn, the cost of any laundering or dry-cleaning shall be borne by the company, provided that a laundry allowance as set out in Item 5 of the said Table 2 for each ordinary shift worked, may be paid in lieu thereof.

 

(iv)       Proficiency Allowance

 

All Senior Supervisors and Supervisors are required to achieve proficiency in operating a Monorail, for which an allowance per week as set out in Item 6 of the said Table 2 shall be paid to permanents.  Provided that all shall operate Monorails as and when requested.  Part-time and casual Senior Supervisors and Supervisors shall be paid an allowance per shift as set out in Item 7 of the said Table 2 for being proficient in operating a Monorail.

 

(v)        An operating allowance per shift as set out in Item 8 of the said Table 2, up to a maximum per week as set out in the said Item 8, shall be paid to proficient Senior Supervisors and Supervisors whenever they are required to operate a Monorail.

 

(vi)       Customer Service Centre Allowance

 

A Customer Service Centre Allowance as set out in Item 9 of the said Table 2 per shift for each shift rostered and worked shall be paid to employees who work a minimum of two hours or more at the Customer Service Centre.

 

Permanent employees originally rostered to work a "CSC" shift who are subsequently reassigned to other/higher duties for that shift, which duties do not necessarily include "CSC" duties, shall be paid the "CSC" allowance they would have received had they not been reassigned.

 

Any other allowance which may also be applicable at the time shall also be paid.

 

10.  Shift Premiums

 

(i)         Permanent Employees

 

Subject to the provisions of subclause (ii) of clause 11, Saturday and Sunday Work during Ordinary Hours, the following additional allowances for shift work shall be paid to employees in respect of work performed during the ordinary hours of shifts as defined in clause 3, Definitions:

 

Shift	Percentage
Early Morning Shift	10
Afternoon Shift	15
Night Shift, rotating with day or afternoon shift	17.5
Night  Shift, non-rotating	30

 

(ii)        Casual and Part-time Employees

 

The provisions of subclause (i) of this clause shall apply to casual and part-time employees in respect of work performed during the ordinary hours of shift work as defined, provided that the afternoon shift allowance shall only be paid for ordinary hours worked between 6.00 p.m. and midnight.

 

11.  Saturday and Sunday Work during Ordinary Hours

 

(i)         Employees who are rostered to work on a Saturday or Sunday shall be paid for all time so worked at the following rates:

 

Saturday Work	Time and one half
Sunday Work	Double time

 

(ii)        The allowances prescribed in this clause shall be in substitution for and not cumulative upon the shift work allowances prescribed in clause 10, Shift Premiums.

 

(iii)       For the purpose of this clause, the rates prescribed shall apply in respect of rostered hours of work only and shall apply to all employees including casual employees.

 

12.  Payment of Wages

 

(i)         Payment on the Job or at the Work Site

 

The company shall specify a time and place at which wages and other moneys are to be paid to employees other than employees engaged for less than one week.  The time so specified shall not be more than 48 hours from the time when such wages become due and shall not be later than Thursday in the week.

 

Day workers shall be paid in ordinary working time and shall be deemed to be working during any time kept waiting.  Provided further that a day worker who has not been paid by the conclusion of ordinary working time shall be paid overtime rates for all time spent waiting after such ordinary working time until the wages are paid.

 

A shift worker who is not paid within 15 minutes from the time so specified shall be deemed to be working during the time kept waiting, and shall be paid ordinary rates if such time is prior to the conclusion of the shift, and overtime rates for all time kept waiting after the conclusion of the shift until wages are paid.

 

(ii)        Payment by Electronic Bank Transfer or by Cheque

 

Wages shall be paid not more than 48 hours from the time when such wages become due and shall be paid not later than Thursday in the week.  The company shall specify the day upon which wages shall be paid into a bank or other account.  Any employee who is not paid on such day shall be paid at overtime rates for all time subsequently worked until payment is made.

 

(iii)       If the employment of a casual employee is terminated by the company, such employee shall be paid within one hour of the termination of employment.

 

(iv)       Should a pay be miscalculated or incorrectly shown on a pay slip, the right to claim waiting time shall be waived, provided that the employee has been paid the ordinary base rate of pay and provided further that such underpayment or error is corrected within 48 hours of notification by the employee to the pay office of the company.  Where such underpayment or error is not corrected within 48 hours, then payment for waiting time as provided by subclauses (i) and (ii) of this clause shall apply.

 

13.  General Conditions

 

(i)         On construction work, the company shall provide adequate shelter for the employees.

 

(ii)        Accommodation for Meals

 

Where practicable, the company shall allow employees to partake of their meals, crib breaks or tea breaks in a suitable place protected from the weather and every such employee shall be provided by the company with adequate facilities for tea making and for heating food.  The company shall advise the employee of the accommodation available at a site prior to the commencement of work at that site.

 

(iii)       Dressing Accommodation

 

Where it is necessary or customary for employees to change their dress or uniform, suitable dressing rooms or dressing accommodation and individual lockable lockers shall be provided.

 

(iv)       Means of Exit

 

Provision shall be made for an exit for night employees in case of necessity.

 

(v)        Protective Clothing

 

An employee who is required to work in wet conditions shall be supplied with suitable wet weather clothing, including a waterproof coat or cape, waterproof hat, trousers and boots.  Such clothing shall remain the property of the company.

 

(vi)       Supply of Equipment

 

All equipment necessary for employees to perform their work shall be supplied by the company.

(vii)      An employee shall not carry firearms.

 

(viii)     Security Licence

 

Where an employee (Ranger) is required to hold either a class 1A or 1B licence pursuant to the provisions of the Security Industry Act 1997, such employee shall have the cost of such licence reimbursed by the company on completion of 12 months' service, on production by the employee of the original receipt issued by the New South Wales Police Department.

 

(ix)       Where it is necessary for an employee to attend a court on the company's or company's clients behalf in connection with any matter arising out of or in connection with the employee's duties, the time so occupied shall count as time worked.

 

(x)        Uniforms, protective clothing and other equipment supplied in accordance with this clause shall remain the property of the company.

 

14.  Overtime

 

(i)         For all work done outside ordinary hours, the rates of pay shall be time and one half for the first two hours and double time thereafter.  In computing overtime, each day's work shall stand alone.

 

For the purposes of this clause, ordinary hours shall mean the hours of work fixed in accordance with clauses 7, Hours, and 7A, Implementation of 38-Hour Week.  The hourly rate when computing overtime shall be determined by dividing the appropriate weekly rate by 38, even in cases where an employee works more than 38 ordinary hours in a week.

 

(ii)        An employee required to work in excess of one hour after completion of the employee's ordinary shift, without being notified before the completion of the previous day or shift, shall be paid a meal allowance as set out in Item 10 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.  A further meal allowance as set out in the said Item 10 shall be paid on the completion of each additional four hours' overtime worked.

 

(iii)       Where overtime or extra shifts are required to be worked, the company shall give preference for such work to employees as classified and covered by the terms of this award where it is reasonably practicable to do so.

 

(iv)       An employee who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that such employee has not had at least the following specified period off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had such period off duty without loss of pay for ordinary working time occurring during such absence.

 

The specified period shall be:

 

(1)        For shift workers - eight hours, including the normal changeover time, if any;

 

(2)        For day workers - ten hours.

 

If, on the instructions of the company, such an employee resumes or continues work without having had such period off duty, the employee shall be paid at double ordinary time until released from duty for such period and such employee shall then be entitled to be absent until the employee has had such period off duty without loss of pay for ordinary working time occurring during such absence.

 

(v)        Where an employee does not attend for rostered duty with the required notice, the employee on shift shall agree to work up to four hours' overtime to allow the company to arrange for suitable relief, subject to a maximum of 12 hours' work.

 

(vi)

 

(a)        Subject to subclause (b) of this clause, an employer may require an employee to work reasonable overtime at overtime rates.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of the said subclause (b), what is unreasonable or otherwise will be determined having regard to:

 

(1)        any risk to employee health and safety;

 

(2)        the employee’s personal circumstances including any family and carer responsibilities;

 

(3)        the needs of the workplace or enterprise;

 

(4)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(5)        any other relevant matter.

 

14A.  Sunday Work

 

An employee required to perform work on a Sunday shall be paid at the rate of double time, with a minimum payment of not less than four hours at such rate for each start.

 

14B.  Call Back

 

An employee required to attend the company's premises for any reason other than carrying out rostered duties after leaving the place of employment (whether notified before or after leaving the place of employment) shall be paid as follows:

 

(a)        Where such attendance is required at the company's premises for the purposes of:

 

(i)         a disciplinary and/or counselling interview; or

 

(ii)        administrative procedures,

 

the employee shall be paid a minimum payment of two hours' pay at the appropriate rate for each such attendance.

 

(b)

 

(i)         In all other cases the employee shall be paid a minimum of four hours' pay at the appropriate rate for each such attendance.

 

Provided that this clause shall not apply where a period of duty is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time; provided further that such employee shall be given at least eight hours off duty, excluding travelling time in excess of 30 minutes and a meal break of 30 minutes, before there is a requirement to resume ordinary hours of work.  An employee requested to resume duty before eight hours' rest is given shall be paid at double ordinary rates until relieved from duty for a period of eight hours.

 

15.  Attendance at Meetings

 

Employees required by the company to attend meetings with the company outside of their rostered working hours shall be paid for such time as ordinary time where it is reasonable they be so paid.

 

This is to include but not be limited to attendance as union delegates at meetings with the company and attendance as a delegate to the company's Occupational Health and Safety Committee meetings.

 

16.  Travelling Time and Expenses

 

When an employee is sent to work from a company's recognised place of business, the company shall pay all travelling time, at the appropriate rates, from such place of business to the job and, if the employee is required to return the same day to the company's place of business, the company shall pay travelling time to the place of business.  An employee sent for duty to a place other than the regular place of duty or required by the company to attend a court of inquiry in connection with employment shall be paid reasonable authorised expenses.

 

17.  Mixed Functions

 

An employee engaged for at least two hours on any day or shift on duties carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for such day or shift; provided that, where an employee is engaged for less than two hours on any one day or shift, the employee shall be paid the higher rate for the time so worked.

 

18.  Public Holidays

 

(i)         The days on which the following holidays are observed shall be holidays under this award, namely: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day and any day which may hereafter be proclaimed a public holiday in addition to, or in substitution for, any of the above-named holidays throughout the State and picnic day of the union which shall be held on the first Monday in August or such other day as shall be determined annually by the union and the company.

 

Provided that, where a day, other than the first Monday in August each year (or such other day as is determined), is observed either as a picnic day or as an additional day by the general body of employees in the establishment, then such day may be substituted for the picnic day of the union as a holiday for any employees in the establishment entitled to such a picnic day or additional day as a holiday under this award.

 

(ii)        Except as hereinafter provided:

 

(a)        Employees shall be entitled to the above holidays without loss of pay; provided that a day worker (as defined) shall only be entitled to such holidays that occur on Monday to Friday, inclusive.

 

(b)        Employees shall be paid at the rate of double time and one half with a minimum payment of four hours at such rate for all time worked on the above holidays.

 

(iii)       For the purpose of this clause, any employee whose ordinary hours of work commence before and continue past midnight shall be paid at the relevant rate according to where the hours fall.  Only those ordinary hours actually worked on a public holiday will be paid at the rate of double time and one half.

 

(iv)

 

(a)        When a public holiday occurs on a day a seven-day shift worker (permanent employee) was not rostered to work and is not called on to work, the employee will receive no additional pay to that to which the employee was otherwise entitled.

 

(b)        When such an employee as described in paragraph (a) of this subclause is required to work on that day (public holiday), the company shall pay such employee for all hours worked at the rate of double time and one half, with a minimum payment of four hours.

 

(c)        The company may, as an alternative to paragraph (b) of this subclause, pay all hours worked at the rate of time and one half, plus add the number of hours worked to the employee's accrued annual leave.

 

(d)        Any day or days added in accordance with this subclause shall be the working day or working days immediately following the annual leave period to which the employee is entitled under clause 20, Annual Leave.

 

(e)        Where the employment of a seven-day shift worker has been terminated and such employee thereby becomes entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday, with respect to a period of employment, the employee shall be entitled also to an additional payment for each day accrued under this clause at the appropriate ordinary rate of pay, if payment has not already been made in accordance with paragraph (c) of this subclause.

 

19.  Sick Leave

 

(i)         An employee who is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity not due to the employee's own serious or wilful misconduct shall be entitled to be paid at the ordinary-time rate of pay for the time of such non-attendance, subject to the following conditions and limitations:

 

(a)        The employee shall not be entitled to paid leave of absence for any period in respect of which there is entitlement to payment under the Workers' Compensation Act 1987.

 

(b)        The employee shall, wherever practicable, three hours before the commencement of the shift, or in any case within 24 hours of the commencement of such absence, inform the company of such employee's inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.

 

(c)        Where an employee does not notify the company of the employee's inability to attend for duty prior to the commencement of the shift, or in any case within 24 hours of the commencement of such absence, the employee shall produce a medical certificate or the said employee shall not be entitled to payment for the first eight hours of such absence.

 

NOTE: An employee's entitlement to sick leave in accordance with paragraph (e) shall not be reduced as a consequence of the operation of this paragraph

 

(d)        Subject to the provisions of paragraph (c) above, the employee shall furnish to the company such evidence as the company may desire that the employee was unable by reason of such illness or injury to attend for duty on the day or days for which sick leave is claimed; provided that a statutory declaration shall be accepted in respect of any single-day absences, but not more than two such declarations in any one year.

 

(e)        Subject to subclause (iii) of this clause, during the first year of employment an employee shall be entitled to sick leave on the following basis:

 

After the first two months' continuous service	1 day
After 4 months' completed service	2 days
After 6 months' completed service	3 days
After 8 months' completed service	4 days
After 10 months' completed service	5 days

 

(f)         During the second and each subsequent year of service an employee shall be entitled to ten days' sick leave.

 

(ii)        Cumulative Sick Leave

 

The rights under this clause shall accumulate from year to year so that any part of the sick leave entitlements which have not been allowed in any year may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the company in any subsequent year of employment.

 

(iii)       Definition of Continuous Service

 

(a)        For the purpose of this clause, continuous service shall be deemed not to have been broken by:

 

(1)        any absence from work on leave granted by the company; or

 

(2)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee); provided that time so lost shall not be taken into account in computing the qualifying period of two months.

 

(b)        Service before the date of coming into force of this award shall be taken into account in computing the qualifying period of two months.

 

(iv)       Attendance at Hospital

 

Notwithstanding anything contained in subclause (i) of this clause, a weekly employee suffering injury through an accident arising out of and in the course of such employee's employment (not being an injury in respect of which there is entitlement to workers' compensation) necessitating attendance during working hours of a doctor, chemist or trained nurse, or at a hospital, shall not suffer any deduction from pay for the time (not exceeding four hours) so occupied on the day of the accident and shall be reimbursed by the company for all expenses reasonably incurred in connection with such attendance and expenses shall include fares.

 

20.  Annual Leave

 

(i)         All employees except seven-day shift workers - see Annual Holidays Act 1944.

 

(ii)        Seven-day Shift Workers

 

(a)        In addition to the benefits provided by section 3 of the Annual Holidays Act 1944 with regard to an annual holiday of four weeks, a seven-day shift worker at the end of each year of employment shall be entitled to the additional leave as prescribed below:

 

(1)        If during the year of employment the employee has served continuously as a seven-day shift worker, the additional leave with respect to that year shall be one week.

 

(2)        If during the year of employment the employee has served only a portion of it as a seven-day shift worker, the additional leave shall be three and one sixth hours for each completed month of employment as a seven-day shift worker; provided that, where the additional leave is or comprises a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

(b)        Where the employment of a seven-day shift worker is terminated and there is thereby an entitlement due under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday with respect to a period of employment, such employee also shall be entitled to an additional payment of three and one sixth hours at such ordinary rate of pay for each completed month of service as a seven-day shift worker.

 

(iii)       Payment During Annual Leave

 

All employees shall receive payment for annual leave periods calculated at their ordinary rate of pay in accordance with the provisions of the Annual Holidays Act 1944 and shall, in addition, be paid all shift premiums, the Senior Supervisors allowance if applicable, Saturday penalty payments and Sunday penalty payments relating to the ordinary time the employee would have worked if the employee had not been on annual holidays or the 17.5 per cent loading referred to under clause 20A, Annual Leave Loading, whichever is greater.  Such payment shall not include any penalty payment in respect of a public holiday occurring during the annual holiday which is a public holiday on which the employee would have worked an ordinary shift.

 

(iv)       An employee shall be given and take annual leave in separate periods of not less than one calendar week commencing on a Monday and concluding on a Sunday.  Notwithstanding the latter, an employee may apply to the company to take leave for a period of less than one week in duration and the company may mutually agree, provided, in the company's view, the circumstances warrant special consideration and it is practical to accommodate such application.

 

20A.  Annual Leave Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        Before an employee is given and takes an annual holiday or where, by agreement between the company and the employee, the annual holiday is given and taken in more than one separate period, then, before each of such separate periods, the company shall pay the employee a loading determined in accordance with this clause. 

 

NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vi) of this clause.

 

(iii)       The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

(iv)       The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) or where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

NOTE: See subclause (vi) of this clause as to holidays taken wholly or partly in advance.

 

(v)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing an annual holiday, together with, where applicable, the Senior Supervisor allowance prescribed by subclause (i) of clause 9, Additional Rates (Allowances), together with, where applicable, the first-aid allowance prescribed in subclause (ii) of the said clause 9, but shall not include the Saturday penalty for ordinary hours wherever prescribed by the award, nor shall it include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause applying the agreed rates of wages payable on that day.

 

(vii)      Where, in accordance with the Act, the company's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(a)        an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause;

 

(b)        an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable under the Act, such proportion of the loading that would have been payable to the employee under this clause if the employee had become entitled to an annual holiday prior to the close down as the employee's qualifying period of employment in completed weeks bears to 52.

 

(viii)

 

(a)        When the employment of an employee is terminated by the company for a cause other than misconduct and at the time of such termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading, calculated in accordance with subclause (v) of this clause, for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

(ix)       This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

21.  Redundancy

 

(i)         Application

 

(a)        This clause shall apply in respect of full-time and part-time employees as set out in clause 8, Wage Rates.

 

(b)        Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(c)        Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(ii)        Introduction of Change

 

(a)        Employer's Duty to Notify

 

(1)        Where the company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(2)        "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alternation of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that, where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(b)        Employer's Duty to Discuss Change

 

(1)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.

 

(3)        For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iii)       Redundancy

 

(a)        Discussions before Terminations

 

(1)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii) of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(2)        The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (1) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(3)        For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iv)       Termination of Employment

 

(a)        Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subparagraph (1) of paragraph (a) of subclause (ii) of this clause.

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(2)        In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years' continuous service, shall be entitled to an additional week's notice.

 

(3)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(b)        Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subparagraph (1) of paragraph (a) of subclause (ii) of this clause:

 

(1)        In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

 

(2)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(3)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(c)        Time Off during the Notice Period

 

(1)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(2)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(d)        Employee Leaving during the Notice Period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        Statement of Employment

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(f)         Notice to Centrelink

 

Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(g)        Centrelink Separation Certificate

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by the Centrelink.

 

(h)        Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks of notice still owing.

 

(v)        Severance Pay

 

(a)        Where the employment of an employee is to be terminated pursuant to subclause (iv) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(1)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(2)        Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(3)        "Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the average rate of pay, over-award payments, shift penalties and all-purpose allowances paid in accordance with this award.

 

(b)        Incapacity to Pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (a) will have on the employer.

 

(c)        Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause if the employer obtains acceptable alternative employment for an employee.  Without in any way limiting the generality of the words "acceptable alternative employment", regard shall be had to:

 

(1)        the employee's age, education, skills and work experience;

 

(2)        the employee's place of residence;

 

(3)        the needs of the employer and the nature of the employer's operations; and

 

(4)        any other relevant circumstances.

 

22.  Long Service Leave

 

See Long Service Leave Act 1955.

 

23.  Bereavement Leave

 

(i)         An employee shall, on the death within Australia of the wife, husband, father, mother, brother, sister, parent-in-law, grandparents, grandchildren, child or stepchild of the employee, be entitled to leave including the day of the funeral of such relation.  Such leave, for a period not exceeding two days in respect of any such death, shall be without loss of any ordinary pay which the employee would have received if the employee had not been on such leave.

 

An employee whose relative, as defined, dies outside Australia shall be entitled to leave of one day without loss of any ordinary pay, provided that such leave shall be extended to two days where the employee travels overseas to attend the funeral.

 

(ii)        The rights to such paid leave shall be dependent on compliance with the following conditions:

 

(a)        Satisfactory evidence of such death shall be furnished by the employee to the company; and

 

(b)        The employee shall not be entitled to leave under this clause in respect of any period which coincides with any other entitlements under this award or otherwise.

 

(iii)       For the purpose of this clause, the words "wife" and "husband" shall include a person who lives with an employee as a de facto wife or husband.

 

24.  Compassionate Leave

 

An employee may apply to the company and the company at its discretion may grant compassionate leave where circumstances warrant same.  Such leave is not to exceed more than five days in any 12-month period.  Such leave shall be without loss of any ordinary pay which the employee would have received if the employee had not been on such leave.

25.  Parental Leave

 

See sections 53 to 72 of Industrial Relations Act 1996.

 

26.  Family Leave

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 19, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first-mentioned person who lives with the first-mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:

 

(1)        relative means a person related by blood, marriage or affinity;

 

(2)        affinity means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

(3)        household means a family group living in the same domestic dwelling.

 

(f)         An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person as set out in subparagraph (ii) of paragraph (c) of subclause (1) of this clause who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

(4)        Time Off in lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time

 

(a)        An employee may elect, with the consent of the employer, to work make-up time, under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work make-up time (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part-day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

27.  Paternity and Adoption Leave

 

See Industrial Relations Act 1996.

 

28.  Jury Service

 

(i)         An employee shall be allowed leave of absence during any period when required to attend for jury service; provided that such leave shall be limited to a maximum of two weeks in any period of jury service.

 

(ii)        During such leave of absence, an employee shall be paid the difference between the jury service fees received and the normal rate of pay as if working.

 

(iii)       An employee shall be required to produce to the company proof of jury service fees received and proof of requirement to attend and proof of attendance on jury service and shall give the company notice of such requirement as soon as practicable after receiving notification to attend for jury service.

 

29.  Attendance at Repatriation Centres

 

Weekly employees, being ex-service personnel, shall be allowed, as time worked, lost time incurred whilst attending Repatriation Centres for medical examination and/or treatment, provided that:

 

(a)        such lost time does not exceed four hours on each occasion and a maximum of 20 hours per annum;

 

(b)        the employee produces evidence satisfactory to the company that there is a requirement to attend, and subsequent attendance at, a Repatriation Centre.

 

Provided that the company shall be entitled to deduct from such lost time any payments the employee is entitled to receive for lost time from the Department of Veterans Affairs in respect of any such attendance.

 

30.  Disputes Procedure

 

It is the intention of the parties to this award to eliminate disputes which result in stoppages, bans or limitations, and it is agreed that the parties to this award shall confer in good faith with a view to resolving the matter by direct negotiation and consultation.

 

The parties further agree that, subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.

 

(i)         Should it be necessary for the union and the employees to meet during operation hours to discuss an item of dispute or any matter of major consequence, sufficient employees are to remain on duty to ensure the safety and security of the company's property and to maintain a minimum level of service to the public.

 

(ii)        Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee and the employee's immediate supervisor.

 

(iii)       If the matter is not resolved at this level, the matter will be further discussed between the affected employee, the union delegate and the supervisor or manager of the relevant section or department, and the company's industrial representative shall be notified.

 

(iv)       If no agreement is reached, the union organiser and the union delegate will discuss the matter with the company's nominated industrial relations representative.

 

(v)        Whilst the foregoing procedure is being followed, work shall continue normally.  No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

(vi)       Should the matter still not be resolved, it may be referred by the parties to the Industrial Relations Commission of New South Wales for settlement.

 

31.  Union Delegate

 

(i)         An employee-appointed union delegate shall, upon notification thereof to the company, be recognised as the accredited representative of the union and shall be allowed the necessary time during working hours to interview the company's representative on matters affecting the employees whom the delegate represents.

 

(ii)        Subject to the prior approval of the company, an accredited union delegate shall be allowed, at a place designated by the company, a reasonable period of time during working hours to interview a duly accredited union official on legitimate union business.

 

32.  Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the ground of race, sex, marital status, disability, homosexuality, trans-gender identity, age and responsibilities as a carer.

 

(2)        It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        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.

 

(4)        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 persons 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 award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        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.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

 

33.  Area, Incidence and Duration

 

This award shall apply to the employees classified herein of Connex Sydney Pty Ltd trading as Sydney Monorail, or any successor or transferee or assignee of the whole or any part of the business, undertaking or establishment employed on the Darling Harbour Monorail.

 

Where a subject matter is not expressly dealt with in this award, the company will apply the terms and conditions of the Security Industry (State) Award published 2 November 2001 (329 I.G. 1).

 

This award replaces the CGEA Transport Sydney Pty Ltd, Trading as Metro Monorail Enterprise (State) Consolidated Award published 11 May 2001 (324 I.G. 853).

 

This award shall remain in force for a period of 12 months from 12 June 2003.

 

Part b

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Column A	Column B
	Total weekly rate per week effective	Casual hourly rate effective from the
	from the first full pay period on or after	first full pay period on or after the
	12 June 2003	12 June 2003
	$	$
Monorail Attendant	448.40	13.5700
Monorail Ranger	520.90	15.7641
Monorail Supervisor	587.50	17.7796
Senior Supervisor	592.80	17.9400
Monorail Supervisor
CCR Qualified	602.80	18.2426

 

Table 2 - Other Rates and Allowances

 

Item.	Clause	Brief Description	Amount effective from the
No.	No.		first full pay period on or after
			12 June 2003
			$
1	9(i)	Senior Supervisor Allowance - Weekly	52.82
2	9(i)	Part-time and Casual Senior Supervisor Allowance	10.57 per shift to a maximum
			weekly amount of $52.85
3	9(ii)	First-aid Allowance per week	11.65
4	9(ii)	Part-time and Casual First-aid Allowance	2.44 per shift to a maximum
			weekly amount of 12.20
5	9(iii)	Laundry Allowance - per shift	1.71
6	9(iv)	Proficiency Allowance - per week to	16.82
		Permanent Senior Supervisors and Supervisors
7	9(iv)	Proficiency Allowance per shift to Part-time and	3.36
		Casual Senior Supervisors and Supervisors only
8	9(v)	Operating Allowance to Senior Supervisors	0.67 per shift to a maximum
		and Supervisors per shift	weekly amount of 3.36
9	9(vi)	CSC Allowance- per shift	6.22
10	10(ii)	Meal Allowance - per meal	6.83

 

 

 

A. W. MACDONALD, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.