TOLLAUST (M2)
ENTERPRISE AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by TollAust (M2), Enterprise Award 2003.
(No. IRC 2967 of
2003)
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Before Commissioner McKenna
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4 July 2003
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AWARD
1. Index
Clause No. Subject Matter
1. Index
2. Enterprise,
Parties Bound and Objectives
2.1 Enterprise
2.2 Parties Bound
2.3 Objectives
3. Term of
Award
4. Definitions
4.1 Toll Collector
4.2 Plaza Supervisor
4.3 Full-time employee
4.4 Part-time employee
4.5 Casual employee
4.6 Morning Shift
4.7 Afternoon Shift
4.8 Night Shift
4.9 Non-continuous Shift
4.10 Continuous Shift
5. Contract
Of Employment
5.1 Full-time employee
5.2 Part-time employee:
5.3 Casual employee:
5.4 Redundancy
6. Hours And
Shift Work
6.1 Ordinary Hours:
6.2 Shift allowance (Monday to Friday)
6.3 Weekend and public holiday shift allowance
6.4 Allowances not cumulative:
6.5 Continuous shift operation:
6.6 Attendance recording:
7. Working
Arrangements
7.1 Overtime
7.2 Public holidays
7.3 Crib break (full-time employee)
7.4 Meal break (full-time employee)
7.5 Crib and meal breaks (part-time and casual employees only
7.6 Overtime meal break and meal money
8. Wages and
Allowances
8.1 Classifications and wages
8.2 Wages review
8.3 Allowances
8.4 Jury service
8.5 Payment of wages
8.6 Higher Duties Allowance
8.7 Pennant Hills Road Night Shift Allowance
9. Leave
Provisions
9.1 Annual leave
9.2 Long service leave
9.3 Sick leave
9.4 Sickness and accident plan
9.5 Bereavement leave
9.6 Personal/carer’s leave
9.7 Maternity & Paternity Leave
10. General
Conditions
10.1 Anti Discrimination & Harassment
10.2 Protective clothing, safety equipment and uniforms
10.3 Occupational health and safety
10.4 Medical examinations
10.5 Notice boards
10.6 Superannuation
10.7 Employee counselling
10.8 Settlement of disputes procedure
11. No Extra
Claims
2. Enterprise,
Parties Bound and Objectives
2.1 Enterprise
The operators of the M2 Motorway located North-west of Sydney
and stretching from Pittwater Road, North Ryde to Old Windsor Road, Seven
Hills. The administrative offices are
located in Tollaust Lane (off Culloden Road), North Ryde, 2113.
2.2 Parties Bound
This award shall be binding upon:
(a) The employees
of Tollaust Pty. Ltd. engaged within the classification identified within this
award.
(b) The employer
Tollaust Pty Ltd.
(c) The Australian
Workers' Union, New South Wales.
2.3 Objectives
To establish a mutually agreed set of employment
condition for staff, conducive to the efficient operation of the Motorway and
at a level required by the general public in order to provide an effective and
safe road link from Pittwater Road, North Ryde to Old Windsor Road, Seven
Hills, a distance of 20.3 kilometres.
The parties to this award are committed to provide and
to undergo appropriate training necessary to satisfy the customer service and
to maintain a high level of responsibility to the public.
3. Term of Award
This award shall operate on and from 7 May 2003 and remain
in force until 6 May 2006.
This award rescinds and replaces the Tollaust (M2)
Enterprise Award 2000 published 20 April 2001 (324 I.G. 132).
4. Definitions
4.1 Toll Collector
Reporting to the Toll Controller, an employee whose duties
include, but are not limited to:
Work within the manual toll collection booths and clear
and attend automatic toll collection systems:
To collect and account for toll payments;
Notify drivers and other persons in matters relating to
the collection of tolls;
Identify and report driver payment defaults, incidents
and equipment malfunctions;
Clean traffic lanes and booths as required;
Patrol the Plaza to assist patrons, in a friendly and
timely manner, who may be experiencing difficulties obtaining egress through
the plaza;
Deputise as Plaza Supervisor as and when required;
Other duties as directed by the Plaza Supervisor or
Toll Controller.
4.2 Plaza
Supervisor
Reporting to the Toll Controller, an employee whose
duties include, but are not limited to:
Assist the work of Toll Collectors;
Relieve Toll Collectors as required during the course
of their shift;
Clean traffic lanes and booths as required;
Provide change for the toll collectors as and when
required;
Change Automatic Coin machine vaults when instructed by
the Toll Controller;
Advise management of operational and staffing needs;
Patrol the Plaza to assist patrons, in a friendly and
timely manner, who may be experiencing difficulties obtaining egress through
the plaza;
Move Toll Plaza traffic bollards as and when required;
Other duties as directed by the Toll Controller;
Deputise as Toll Controller as and when required.
4.3 Full-time
employee
Means an employee engaged on a weekly basis of 40 ordinary
hours. Refer to subclause 6.1.
4.4 Part-time
employee
Means an employee engaged on a regular basis of less
than 40 ordinary hours each week.
4.5 Casual
employee
Means an employee who is employed and paid by the hour with
no guaranteed hours of work and whose employment terminates at the end of each
engagement.
4.6 Morning Shift
Means a shift that has its majority of hours between
5.00am and 1.00pm.
4.7 Afternoon
Shift
Means a shift that has its majority of hours between
1.00pm and 9.00pm.
4.8 Night Shift
Means a shift that has its majority of hours between
9.00pm and 5.00am.
4.9 Non-continuous
Shift
A shift roster designed for Monday to Friday and to be
worked on either a morning or afternoon shift basis.
4.10 Continuous
Shift
A shift roster designed to cover the operations of the
business 24 hours per day, 7 days per week where the employee is regularly
required to work on Saturdays, Sundays and Public Holidays.
5. Contract of
Employment
5.1 Full-time employee
On commencement, the first 3 months of employment shall
be deemed to be a probationary period during which employment may be terminated
by one weeks notice by either party.
5.1.1 Following the
completion of the probationary period, employment may be terminated by a
full-time employee by giving two weeks notice to Tollaust. Subject to paragraphs 5.1.3 and 5.1.4, and
where the employer takes action to terminate an employee, the following notice
period must be given.
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Not more than 1 year service
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At least 1 weeks notice
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1 to not more than 3 years service
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At least 2 weeks notice.
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3 to not more than 5 years service
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At least 3 weeks notice.
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More than 5 years service
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At least 4 weeks notice
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Add one extra week for employees aged 45 years and older
with at least 2 years consecutive service.
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5.1.2 An employee who
fails to give a minimum of one or two weeks notice of intention to terminate employment
as prescribed in this subclause shall forfeit one or two weeks pay as the case
may be. Provided that where the
employment is terminated by the employer, a payment in lieu of notice may be
paid to the employee.
5.1.3 Provided that
nothing contained in this clause shall prevent an employee’s employment being
terminated without notice for malingering, inefficient, neglect of duty or
misconduct in such cases wages shall be paid up to the time of dismissal only.
5.1.4 It is a
fundamental condition of employment that employees have to deal with the public
and provide friendly, courteous service at all times. Failure to so act shall be grounds for determining that the
employee is unsuitable for this work and may be dismissed in accordance with
subclause 10.7 of this award.
5.1.5 Employees
engaged as Toll Collectors and Plaza Supervisors are involved with handling
large sums of cash and will be subject to regular security and audit procedures
as part of their contract of employment and in the event of misappropriation of
funds, will be liable to dismissal without notice. For safety and security reasons each employee acknowledges that
the employer may utilise audio and overt video surveillance within the workplace
and that material obtained from such surveillance may be used in support of
disciplinary action.
5.2 Part-time
employee
Subject to an initial probationary period of 3 months,
a part-time employee (other than a casual employee as defined in subclause 5.3 herein)
shall be engaged to work rostered regular hours each week. Such roster shall
show the starting and ceasing times and the days upon which an employee is
engaged to work as well as the number of hours to be worked each week or as
otherwise arranged by mutual agreement.
5.2.1 A Part-time
employee shall be paid an hourly rate equivalent to the appropriate weekly rate
prescribed by the Award and divided by 40, and in addition shall be entitled to
pro-rata payment of the shift premium where appropriate. A part-time employee shall be entitled to a
minimum engagement of 4 hours.
5.2.2 A part-time
employee shall be entitled to the same benefits as a full-time employee on a
pro-rata basis.
5.2.3 A part-time
employee who works more than eight hours on any one day or more than forty
hours in any one week shall be paid overtime in accordance with subclause 7.1
of this Award. A part-time employee
required to work on Public Holidays as prescribed in subclause 7.2 herein shall
be paid at the rate defined by subclause 6.3 of this award with a minimum
payment of four hours.
5.2.4 A part-time
employee will, on termination of employment, be subject to the provisions as
set out in paragraph 5.1.1 herein, together with the general provisions of
paragraphs 5.1.3 and 5.1.4 if terminated for misconduct.
5.2.5 Provided that
nothing contained in this clause shall prevent a part-time employee’s
employment being terminated without notice for malingering, inefficient,
neglect of duty or misconduct in such cases wages shall be paid up to the time
of dismissal only.
5.2.6 It is a
fundamental condition of employment that employees have to deal with the public
and provide friendly and courteous service at all times and be punctual and
diligent in commencing times for shifts.
Failure to so act shall be grounds for determining that the employee is
unsuitable for this work and may be dismissed in accordance with subclause 10.7
of this award.
5.2.7 Part-time
employees engaged as Toll Collectors and Plaza Supervisors are involved with
handling large sums of cash and will be subject to regular security and audit
procedures as part of their contract of employment and in the event of
misappropriation of funds, will be liable to dismissal without notice. For safety and security reasons each
employee acknowledges that the employer may utilise audio and overt video
surveillance within the workplace and material obtained from such surveillance
may be used in support of disciplinary action.
5.3 Casual
employee
An employee engaged and paid as such with a minimum
payment of four hours. A casual
employee for working ordinary time shall be paid a rate equivalent to
one-fortieth of the appropriate weekly wage rate prescribed in subclause 8.1
and 8.2 of this Award plus 20%.
5.3.1 Provided that nothing
contained in this clause shall prevent a casual employee’s employment being
terminated without notice for malingering, inefficient, neglect of duty or
misconduct in such cases wages shall be paid up to the time of dismissal only.
5.3.2 It is a fundamental
condition of employment that casual employees have to deal with the public and
provide friendly, courteous service at all times. Failure to so act shall be grounds for determining that the
employee is unsuitable for this work and will be liable to dismissal without
notice.
5.3.3 Casual
employees are involved with handling large sums of cash and will be subject to
regular security and audit procedures as part of their contract of employment
and in the event of misappropriation of funds, will be liable to dismissal
without notice. For safety and security
reasons each employee acknowledges that the employer may utilise audio and
overt video surveillance within the workplace and material obtained from such
surveillance may be used in support of disciplinary action.
5.4 Redundancy
This clause applies to full-time and part-time
employees only.
Where the employment of an employee is to be terminated
on the grounds of redundancy, the employer shall pay to the employee severance payments
in respect of a continuous period of service as set out below.
(a) If the
employee is under 45 years of age, the entitlement shall be in accordance with
the following scale:
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Years of Service
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Under 45 Years of
Age
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Less than 1 year
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Nil
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1 year and less than 2 years
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4 weeks pay
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2 years and less than 3 years
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7 weeks pay
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3 years and less than 4 years
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10 weeks pay
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4 years and less than 5 years
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12 weeks pay
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5 years and less than 6 years
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14 weeks pay
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6 years and over
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16 weeks pay
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(b) If the
employee is over 45 years old, the entitlement shall be in accordance with the
following scale:
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Years of Service
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Under 45 Years of
Age
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Less than 1 year
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Nil
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1 year and less than 2 years
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5 weeks pay
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2 years and less than 3 years
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8.75 weeks pay
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3 years and less than 4 years
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12.5 weeks pay
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4 years and less than 5 years
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15 weeks pay
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5 years and less than 6 years
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17.5 weeks pay
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6 years and over
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20 weeks pay
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(c) "Weeks
pay" means the all purpose rate of pay for the employee concerned at the
date of termination, and shall include, in addition to the ordinary rate of pay,
over award payments, shift penalties and allowances.
6. Hours and Shift
Work
6.1 Ordinary Hours
The ordinary weekly hours of work for full-time
employees covered by this Award shall be 40 hours. The 40 hours includes a
notional 2 hours paid at a rate of one and one half times the rate of the other
38 hours. The all inclusive weekly wage
rate as specified in subclause 8.1 of this award includes the remuneration for
the standard 40 week, which also includes the remuneration for the 2 hours at
the time and one half rate.
To avoid confusion overtime payments will only be made
in accordance with subclause 7.1 of this award.
The starting time of each 8-hour work period (or less
than 8 hours if part-time) once fixed, shall be altered by giving seven day’s
notice to the employee concerned (less by mutual agreement only).
With the agreement of the parties, a shift roster
incorporating up to 12 hours may be worked.
6.2 Shift
allowance (Monday to Friday)
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Morning Shift
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10%
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Afternoon Shift
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17½%
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Night Shift
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20%.
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The allowance shall be calculated on the ordinary
weekly wage rate prescribed in subclause 8.1.
6.3 Weekend and
public holiday shift allowance
For a shift where the majority of the hours are worked
on a:
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Saturday
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50%
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Sunday
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100%;
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Public Holiday
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150%.
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The allowance shall be calculated on the ordinary
weekly wage rate prescribed in subclause 8.1.
6.4 Allowances not
cumulative
Where two or more allowances and/or overtime could apply
in a particular situation, the employer shall be bound to pay only one of such
provisions. Where the provisions are
not identical, the higher or highest as the case may be, shall apply, except in
the case of Allowances as defined by subclause 8.3 which are to be paid in
addition to and after any other allowances.
6.5 Continuous
shift operation
Shift relief of Toll Collectors shall take place in the
Toll Booth. In the event of a relieving
Toll Collector not reporting for duty at the normal shift change-over time, the
duty Toll Collector shall remain on the job until relieved.
6.6 Attendance
recording
Each toll collector will have a personal identification
number and electronic card used to record employee start and finishing times and
toll booth worked in.
7. Working
Arrangements
7.1 Overtime
7.1.1 Non-continuous
shift workers
(i) For all time
worked before the normal starting time and after the normal finishing time,
Monday to Friday, employees shall be paid at the overtime rate of time and one
half for the first two hours and double time thereafter.
(ii) For all time
worked on a Saturday (except as prescribed in subclause 6.1), employees shall
be paid at the overtime rate of time and a half for the first two hours and
double time thereafter.
(iii) For all time
worked on a Sunday, shall be paid at the overtime rate of double time.
(iv) For all time
worked on a Public Holiday, as prescribed in subclause 7.2 Public Holidays,
shall be paid at the overtime rate of double time and one half.
7.1.2 Continuous
shift workers
(i) For all time
worked in excess of ordinary hours continuous shift workers shall be paid at
the rate of time and one half for the first two hours and double time
thereafter except for time worked on a Sunday where such time shall be paid at
the rate of double time, and time worked on a public holiday shall be at the
rate of double time and one half.
Provided that this subclause shall not apply when the
time worked is:
(1) by arrangement
between the employees themselves, or
(2) for the
purposes of effecting the rotation of shifts.
Where overtime is necessary it shall, wherever
reasonably practicable, be so arranged that employees have at least ten
consecutive hours off duty between the work of successive days. An employee (other than a casual employee)
who works overtime between the termination of ordinary work on one day and the
commencement of ordinary work on the next day such that the employee has not
had at least ten consecutive hours off duty between these times, shall subject
to the subclause, be released after completion of such overtime until the
employee has had ten consecutive hours off duty without loss of pay, for
ordinary working time occurring during such absence.
If, on the instruction of the employer, such employee
resumes or continues work without having had the ten consecutive hours off
duty, the employee shall be paid at double rates until released from duty for
the period, and shall then be entitled to ten consecutive hours off duty, without
loss of pay, for ordinary working time occurring during such absence.
(ii) A Call Back
shall not be counted as overtime for the purpose of this subclause.
7.1.3 Call Back
An employee recalled to work (i.e. recalled to work
without prior notice) shall be paid overtime for each such call back at the
appropriate rate as prescribed in this clause with a minimum payment as for
three hours at the appropriate rate. An
employee recalled to work as provided for in this clause shall, if required to
use their own transport, be reimbursed for the use of such vehicle at the rate
prescribed in subclause 8.3.
7.2 Public
holidays
7.2.1 The following
days shall be observed as Public Holidays New Year’s Day, Australia Day, Good
Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labor Day, Christmas Day
and Boxing Day, Union Picnic Day (first Monday in March or alternative day by
agreement between Tollaust and each employee) and any other holidays proclaimed
for the County of Cumberland or the State.
Provided that where a day is proclaimed or gazetted as a substitute
holiday for any of the holidays mentioned above, the substitute day shall be
observed as the holiday, and not both.
7.2.2 Any employee
who is absent without leave or reasonable excuse on the working day succeeding
or preceding a public holiday shall not be entitled to payment for such holiday
unless a doctors certificate is made available to Tollaust.
7.2.3 A continuous
employee rostered off on a public holiday, or if rostered on but the minority
of hours worked fall on the public holiday, then said employee will receive a
day off in lieu.
7.2.4 Where an
employee takes a period of annual leave and a public holiday falls within that
period, the public holiday shall not be included as part of the period of annual
leave.
7.3 Crib break
(full-time employee)
Each full-time employee shall be allowed a paid 15
minute crib break per shift, to be taken at a time mutually agreed between the
employee and the appropriate Plaza Supervisor as near as possible to the middle
of the first half of the shift.
7.4 Meal break
(full-time employee):
7.4.1 Full-time
employees engaged on non-continuous shift operations shall be entitled to take
an unpaid 30 minute meal break as near as practicable to the middle of the
shift at a time determined between the employee and the on duty Toll Controller
or Manager.
7.4.2 Full-time
employees engaged on continuous shift operations only shall be entitled to a
paid 30 minute meal break as near as practicable to the middle of each shift at
a time determined between the employee and the on duty Toll Controller or
Manager..
7.5 Crib and meal
breaks (part-time and casual employees only)
Such employees who work a minimum of 4 consecutive
ordinary hours on any day shall be entitled to crib break of 15 minutes
duration, without loss of pay, during the first 4 hours of duty.
Where the arrangement is for the employee to work a
shift beyond 5 hours, such employees shall be entitled to a meal break of not
less than thirty minutes nor more than one hour to be taken between the fourth
and fifth hour for which time shall not be paid for.
7.6 Overtime meal
break & meal money:
7.6.1 An employee
required to work overtime for more than one and a half hours, after the
ordinary ceasing time, without being notified before leaving work on the
previous day that there would be a requirement to work overtime shall be
provided either with a suitable meal (free of cost) or paid the sum nominated
in subclause 8.3 (ii) and if the employee works for a further four hours, shall
be supplied with a second meal (free of cost or paid a further sum as nominated
in clause 8.3 (ii) for the second meal.
7.6.2 If an employee,
pursuant to such notice, has provided a meal/s and is not required to work
overtime or is required to work less than the amount so that the meal/s is/are
surplus, the employee shall be paid in accordance with subclause 8.3[ii] for
meals provided and which are surplus.
7.6.3 No employee
shall work longer than five hours without a break.
8. Wages and Allowances
8.1 Classifications
and wages:
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Toll Collector
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$626.95 per 40 ordinary hour week
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Plaza Supervisor
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$729.84 per 40 ordinary hour week
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These new wage rates are to be effective from the first
full pay period after 7th May 2003.
Note the above all inclusive rates are for 40 ordinary
weekly hours of work as per subclause 6.1 of this award.
8.2 Wages review:
This award provides for a further adjustment to wages
on the following basis:
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2%
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First full pay period 6 months after the rates in
subclause 8.1 come into effect.
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2%
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First full pay period 12 months after the rates in
subclause 8.1 come into effect.
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2%
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First full pay period 18 months after the rates in subclause
8.1 come into effect.
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2%
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First full pay period 24 months after the rates in
subclause 8.1 come into effect
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2%
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First full pay period 30 months after the rates in
subclause 8.1 come into effect.
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8.3 Allowances:
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$
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(i)
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Paragraph 7.1.3
Employee use of own car
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0.50c per km.
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(ii)
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Paragraph 7.6.1 Meal
cost
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8.00 per meal
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(iii)
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Paragraph 10.3.1
First aid certificate recognition
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10.25 per week
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(iv)
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Subclause 8.7 Pennant
Hills Night Shift Allowance
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2.25 per hour
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8.4 Jury service:
A full-time employee required to attend for jury
service during ordinary working hours shall be reimbursed by Tollaust an amount
equal to the difference between the amount paid in respect of attendance for
such jury service and the amount of wage the employee would have received in
respect of the ordinary time that would have been worked had there not been an
obligation for jury service. The
employee shall notify the employer as soon as possible of the date required to
attend for jury service. Further, the employee shall give the employer proof of
attendance, the duration of such attendance, and the amount received in respect
of such jury service.
8.5 Payment of
wages:
Payment of wages shall be by Electronic Funds Transfer.
On each pay day, every second Thursday, Tollaust will
provide each employee with a statement showing the wages entitlement,
deductions and the net amount of wages due to that employee. All wages paid shall be in arrears.
8.6 Higher Duties
Allowance:
Any full time employee requested to perform higher
duties for one or more consecutive shifts will be paid on the basis of the
higher classification ordinary time rate.
8.7 Pennant Hills
Road Night Shift Allowance:
Any employee working a Night Shift at the Pennant Hills
Plaza shall be paid an allowance as set out in subclause 8.3(iv) for each hour
worked on the night shift. This allowance is to be paid after the appropriate
shift or overtime allowances are applied.
9. Leave Provisions
9.1 Annual leave:
See Annual
Holidays Act 1944.
9.1.1 Non-continuous
shift workers are entitled to 4 weeks annual leave each year.
9.1.2 Continuous
shift workers are entitled to 5 weeks annual leave each year.
9.1.3 For continuous
and non-continuous employees annual leave will be paid at the ordinary time
rate of pay plus normal shift allowance payments excluding weekend and public holiday
allowances. For weekends a 20% shift allowance will apply, (i.e. Weekend shift
allowances will not be paid whilst on annual leave.) Public holidays will be
accounted for in accordance with paragraph 7.2.4 of this award.
9.1.4 For all
employees the rates of pay specified in clause 8 of this award include payment
for annual leave loading.
9.2 Long service
leave:
See Long Service
Leave Act 1955.
9.3 Sick leave:
9.3.1 A full-time or
part-time employee, after three month’s continuous service, who is absent from
work by reason of personal illness or personal injury, shall be entitled to
paid leave of absence to the following conditions and limitations:
(i) The employee
shall where practicable prior to the commencement of such sick leave inform the
employer of an inability to attend for duty and, as far as practicable, state
the nature of the injury or illness and the estimated duration of absence.
(ii) The employee
shall provide to Tollaust a medical certificate, stating the inability to
attend work on account of illness or injury for two or more consecutive shifts
for which sick leave is claimed.
(iii) A full time
employee shall be entitled to sick leave of 40 hours in the first year of
service and 64 hours for each subsequent year of employment.
(iv) A retrospective
sick leave claim may be made after the completion of the 3 months service
provided the required evidence is made available to Tollaust.
9.3.2 Sick leave
shall accumulate from year to year to a maximum of 380 hours and shall be paid
at the employee’s ordinary hourly rate of pay prevailing at that time. No
payments will be made in lieu of untaken sick leave.
9.3.3 Sick leave for
a part-time employee will be the pro-rata equivalent to that of a full-time
employee. A casual employee is not entitled to paid sick leave.
9.4 Sickness and
accident plan:
All full-time and part-time employees party to this
award shall be covered by a Sickness and Accident Income Protection Plan (in a
fund agreed by the parties) and it is a term of this award that the company
will contribute 1% of each employee’s ordinary weekly wage rate as prescribed
in subclause 8.1 towards providing this income protection.
9.5 Bereavement
leave:
9.5.1 A full time employee
shall be entitled to a maximum of three day’s leave without loss of pay on each
occasion and on production of satisfactory evidence of the death in Australia
of the employee’s husband, wife, father, mother, brother, sister, child,
stepchild, grandparents or parents-in-law. For the purposes of this subclause
the words "wife" and "husband" shall include de facto wife
or husband and the words "father" and "mother" shall
include foster father or foster mother and stepfather or stepmother.
9.5.2 Provided
further, a full time employee shall be entitled to a maximum of two day’s leave
without loss of pay on each occasion and on production of satisfactory evidence
of the death outside Australia of an employee’s husband, wife, father or
mother, and where such employee travels outside of Australia to attend the
funeral.
9.6 Personal/carer’s
leave:
9.6.1 Use of Sick
Leave
(i) An employee,
other than a casual, with responsibilities in relation to a class of persons
set out in paragraph 9.6.1 (iii) who needs the employee’s care and support,
shall be entitled to use, in accordance with this subclause, any sick leave
entitlement, provided for in subclause 9.3 of this award, 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.
(ii) The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another 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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being either:
A spouse of the employee; or
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 that
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
A child or an adult child (including an adopted child,
a step child, a foster child or 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
A same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
A relative of the employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one spouse,
because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(3) The 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.
9.6.2 Unpaid Leave
for Family Purpose
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 set out in paragraph 9.6.1(iii) (2) who is ill.
The granting of unpaid leave for any other purposes is
at the sole discretion of the employer and under normal circumstances will not
be approved.
9.6.3 Annual Leave
(i) 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.
(ii) Access to
annual leave, as prescribed in paragraph 9.6.3 (i) above, shall be exclusive of
any shutdown period provided for elsewhere under this award.
9.6.4 Time off in
Lieu of Payment for Overtime
(i) A 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.
(ii) 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.
(iii) If, having
elected to take time off as leave in accordance with paragraph 9.6.4 (i) above,
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.
(iv) Where no
election is made in accordance with paragraph 9.6.4 (i), the employee shall be
paid overtime rates in accordance with this award.
9.6.5 Make-up Time
(i) An employee may
elect, with the consent of their 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 this award at the
ordinary rate of pay.
(ii) 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.
9.7 Parental
Leave:
See Chapter 2, Part 4, Division 1, of the Industrial Relations Act 1996
10. General
Conditions
10.1 Anti
Discrimination and Harassment:
10.1.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
10.1.2 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.
10.1.3 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.
10.1.4 Nothing in this
clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act
1977;
(iv) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
This clause does not create legal rights or obligations
in addition to those imposed upon the parties by 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.”
10.2 Protective
clothing, safety equipment and uniforms:
10.2.1 The employee
shall wear uniforms and use protective clothing and safety equipment as
nominated by the employer.
10.2.2 Protective
clothing and safety equipment shall remain the property of the employer.
10.2.3 Uniforms.
(i) On
appointment, each full-time employee will be supplied with an initial issue of:
Full Time Toll Collector/Plaza Supervisor:
2 pairs of trousers or culottes or skirt
1 jumper and 1 jacket
3 shirts and 1 tie or scarf
1 hat
1 pair of safety shoes
1 pair of sunglasses
(ii) Such items
shall be replaced or exchanged on a one for one basis as required to maintain a
proper presentation in the work place with a minimum replacement period of one
year and a maximum period of two years.
(iii) Casual
employees shall be supplied with such items of uniform, including safety shoes,
as are necessary to cover the hours worked per week. Notwithstanding that a casual employee must supply their own
trousers/skirt of a style and colour similar to that supplied to full time
employees.
(iv) Such uniforms
shall remain the property of the employer and shall not be worn other than when
on duty or in transit to and from work.
(v) On termination
of the employment, or when replaced by a new issue, all items of uniform shall
be returned to the Company. Where an employee for no good reason fails to
return items of issued clothing, the employer may deduct an amount of $50.00
per item of uniform not returned from the employee’s termination pay.
(vi) Each employee
is responsible for laundering and maintaining uniforms in a presentable
condition. A laundering allowance is
included in the weekly rates of pay for all classifications.
(vii) Notwithstanding
the provisions of this clause, the supply of uniforms may be varied to suit the
needs of the particular establishment.
10.3 Occupational
health and safety:
10.3.1 The holder of a
current First Aid Certificate, and appointed by the company to perform
first-aid duties, shall be paid an allowance as set out in subclause 8.3(iii).
10.3.2 The parties to
this award acknowledge the need to maintain a safe and healthy workplace and
that compliance of all relevant legislation codes and standards are maintained. The provisions of the Occupational Health and Safety Act 1983, as amended, provides the
standards to be observed.
It is recognised that safety is a team commitment
involving managers, supervisors and all employees, working together through
consultation and co-operation.
An adequate First Aid facility shall be made available
and maintained by Tollaust in accordance with the O H & S Act and its
regulations.
10.3.3 Alcohol and
Other Drugs
An employee will not be allowed to enter or work on the
premises if the employee is considered by the on Duty Controller or the Toll
Manager or Traffic & Maintenance Manager (or nominated Deputy) to be under
the influence of alcohol or any other substance that impairs the employee’s
ability to work or is likely to create an unsafe working environment.
Where the on Duty Controller or the Toll Manager or
Traffic & Maintenance Manager (or nominated Deputy) has a reasonable
suspicion that an employee on the premises is under the influence of alcohol or
some other prescribed or non-prescribed drug that is considered likely to
create an unsafe working environment, the employee will be directed to leave
the premises. If the employee refuses
to leave the Motorway premises, such employee shall be subjected to disciplinary
action.
The employee in these circumstances will not be paid
for the remainder of the day or shift.
The employee should however and if so rostered, report for work the
following day if in an appropriate state of health.
10.4 Medical
examinations:
10.4.1 Prior to the
offer of either full-time, part-time employment or casual employment, a
pre-placement work related medical examination (including audiometry,
spirometry and blood lead level tests) must be undertaken at the companies
nominated doctor. While the cost for
this pre-placement medical examination will be borne by the employer, there
will be no payment to the prospective employee for attending the medical
examination..
10.4.2 Each full-time
and part-time employee shall be required to undergo an annual medical
examination which will include an audiometry, spirometry and blood lead level
test. If the employee attends the employer nominated doctor then the employer
will meet the cost for this medical examination. Should the employee wish to attend a doctor of their choice then
the company will meet up to $130.00 of the doctors fees applicable to providing
this medical examination. There will be
no additional payment to an employee for attending the medical examinations
which in all cases will be carried out during the employee’s own time.
10.4.3 The employer is
to keep records of the medical examinations.
10.4.4 The medical
records shall be made available to the employee concerned on request.
10.4.5 A copy of the
medical report is to be forwarded to the employee’s treating doctor at the
request of the employee.
10.4.6 With the
employee’s authority, information relevant to workers’ compensation or
occupational health and safety is to be forwarded to Occupational Health and
Safety Committee as required.
10.4.7 In all other
circumstances information contained in the medical reports is to remain
confidential.
10.5 Notice boards:
The employer shall have a suitable Notice Board in a prominent
positions for the display of Notices including this Award.
All notices placed on the Board shall be approved by
the on duty Controller or Manager or their nominee who shall initial the back
of each such notice prior to posting.
10.6 Superannuation:
Superannuation contributions will be paid in the
Superannuation Trust of Australia Fund in accordance with the legislative
requirements of the Superannuation
Guarantee (Administration) Act 1992.
10.7 Employee
counselling:
With the object of retaining good employer/employees
relations, no employee will be dismissed (except for misconduct which would
justify instant dismissal) unless the following procedures have been followed:
10.7.1 First Warning:
If Management considers an employee to be unsatisfactory
for any reason, the employer shall inform the employee of the unsatisfactory
nature of the employee’s service and allow the employee the right to
respond. If the employee so requests, a
witness of his choosing may be present.
The nature of the unsatisfactory service will be committed to writing.
10.7.2 Second Warning:
If the employee in the opinion of the employer
continues to be unsatisfactory, the company shall again discuss with the
employee, in the presence of a witness if requested, the unsatisfactory nature
of the employee’s service and advise the employee that continuation of such
unsatisfactory service will lead to dismissal.
Again, the nature of the unsatisfactory service will be committed to
writing.
10.7.3 Final Warning:
If after two written warnings the employer considers
the employee to still be unsatisfactory then the employee may be dismissed in
the presence of an appropriate witness.
10.8 Settlement of
disputes procedure:
10.8.1 The parties to this
award agree to facilitate the constructive and speedy resolution to any issue
of concern at the workplace and recognise that this commitment is critical to
maintaining harmonious relations between Tollaust and its employees. It is agreed that all parties shall use
their best effort to resolve any grievance expeditiously.
Subject to the provisions of the NSW Industrial Relations Act 1996 any
dispute shall be dealt with in the following manner:
(i) If an
employee has a grievance arising out of his or her employment with Tollaust,
the employee shall notify the on duty Toll Controller of the substance of the
grievance, request a meeting with that person and state the remedy sought;
(ii) If the matter
cannot be resolved between the employee, or his/her representative, and the on
duty Toll Controller, the grievance shall be referred to the Toll Manager or
Traffic & Maintenance Manager (or nominated Deputy) who will arrange for
the matter to be reviewed with the appropriate union official. Where appropriate or deemed necessary, the
employee may elect to seek the assistance of his/her workplace representative.
(iii) If the matter
remains un-resolved, the employee shall request the Toll Manager or Traffic
& Maintenance Manager (or nominated Deputy) to refer the grievance to the
General Manager - Tollaust Pty Limited and the Secretary of the Union.
(iv) If the matter
continues to remain un-resolved, the grievance will be referred to the NSW
Industrial Relations Commission for determination.
10.8.2 During the
period of time these procedures are being carried out, work will continue in
accordance with the pre-grievance manner and no stoppage of work or imposition
of work limitation shall occur. Neither
party to this award shall be prejudiced as to the final settlement terms by the
continuation of work in this regard.
11. No Extra Claims
No employee party to this award or the union shall make any
claim against Tollaust Pty Limited for any increase in rates of pay or
allowances or make any other claim during the life of this award.
D. S. McKENNA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.