TAB CLERICAL AND ADMINISTRATIVE STAFF PHONETAB OPERATORS AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Tab
Limited.
(No. IRC 3427 of 2004)
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Before The Honourable
Justice Schmidt
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18 June 2004
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VARIATION
Arrangement
Clause No. Subject Matter
1. The Award
2. The
Parties
3. Definitions
4. Hours
5. Meals
Break
6. Wage
Rates
7. Categories
8. Customer
Service/Operator Designations
9. Special
Operators
10. Shift
Allocation
11. Rostering
12. Rostering
Committee
13. Attendance
Productivity Scheme
14. Minimum
90% Attendance Requirement
15. Saturday
Attendance Bonus Scheme
16. Error Free
Bonus Scheme
17. Attendance
18. Performance
Assessment
19. Consultative
Meetings
20. Role of Managers
and/or Supervisory Staff
21. Dispute/Grievance
Resolution Procedure
22. Miscellaneous
Provisions
23. Developmental
Opportunities
24. Conditions
Not Altered By This Award
25. No Extra
Claims
26. Anti-Discrimination
27. Area,
Incidence and Duration
Appendix A
Plus Shift (+)
Listing
Operators Retaining
Rostering Arrangements
From Granville
Opening 1987
1. The Award
This Award shall be known as the TAB Clerical and
Administrative Staff PhoneTAB Operators Award 2004. It varies the TAB Clerical and Administrative Staff PhoneTAB
Operators Award 2002, published 20 September 2002 (336 I.G. 405). The Award applies to all staff employed by
TAB Limited as PhoneTAB Operators.
2. The Parties
This Award has been made between TAB Limited and the New South
Wales Local Government, Clerical Administrative, Energy, Airlines and Utilities
Union.
3. Definitions
For the purposes of this Award:
(i) "category"
shall mean the classification by which a PhoneTAB Operator is allocated
available shifts.
(ii) "crib"
shall mean the payment received by an Operator if they are required to work
through a designated meal break.
(iii) "Customer
Service Operator designation" shall mean that this Operator is required to
perform duties associated with the special needs of PhoneTAB customers. These Operators are specially trained and
are identified for rostering purposes by a "CS" designation.
(iv) "SPC"
designation shall mean that this Operator may be required to work shifts in the
SPC section.
(v) "Buddy"
shift shall mean an Operator required to assist new trainee PhoneTAB Operators.
(vi) "SportsTAB
Operator" shall mean an Operator who may be required to take bets on fixed
odds betting.
(vii) "extended
shift" shall mean a shift that is longer than 5 hours 30 minutes.
(viii) "meal
break" shall mean the length of time during a shift designated as a
non-work period. The break will last 30
minutes and the Operator will not be paid for this period.
(ix) "midweek"
shifts shall mean those shifts that are available for distribution Monday
through Friday, except those days that are designated Public Holidays.
(x) "Operator
leave" levels shall mean the total number of operators who can notify
their unavailability for a roster.
Ceiling numbers are established in response to operational demands and
are updated on a weekly basis. Once
ceiling levels are reached, further requests for leave may not be approved.
(xi) "PhoneTAB
Operator" shall mean an individual employed by TAB Limited on a casual
basis to answer customer calls in PhoneTAB.
(xii) "plus"
shall mean only those existing PhoneTAB Operators who have received the
"plus" designation as part of a superseded agreement (their names and
employee numbers are attached as Appendix A).
The "plus" designation will not be extended to any other
PhoneTAB Operators.
(xiii) If any of the
existing holders of a "plus" designation change category, they will
forfeit their "plus" designation.
(xiv) "Public
Holiday" shall mean any day gazetted as a Public Holiday within NSW.
(xv) "roster
cycle" shall mean the rotation of available shifts amongst available
operators commencing from the operating date of this Award.
(xvi) "roster"
shall mean the weekly distribution of available shifts made to available PhoneTAB
Operators.
(xvii) "shift
availability" shall mean the total number of shifts available for
distribution during a roster period.
The number of shifts available each roster period will vary in response
to operational demands.
(xviii) "shift
length" shall mean the time worked as a continuous period in one 24 hour
span. The minimum shift length for
PhoneTAB is 4 hours. In the event of
emergency call, staff can be offered the opportunity to work a three-hour
shift, where a four-hour shift would not be feasible. In addition where other
type of work is offered other than PhoneTAB, a three-hour shift may also be
offered.
(xix) "Emergency
Call" shall mean a same day call out offer to an Operator to work a shift
after it has been determined that the customer demand has exceeded the number
of staff rostered.
(xx) "Long
Shift" shall mean a period of time worked where the first and second part
of the shift are separated by not more than one hours unpaid break.
(xxi) "Shift"
shall mean the period of work a PhoneTAB Operator is allocated daily.
(xxii) "Sunday"
shall mean any Sunday that the TAB may operate.
(xxiii) "Target
shifts" shall mean the number of shifts per week an Operator in a
designated category would prefer to work.
Thus an Operator in the 4FA category has indicated a preference for 4
shifts per week, while a 2N Operator has indicated a preference to work 2
shifts per week.
(xxiv) "Union"
shall mean the New South Wales Local
Government, Clerical Administrative, Energy, Airlines and Utilities Union
(xxv) "Waiting
list" shall mean a record detailing the names and employee numbers of
those PhoneTAB Operators who are seeking to enter the category for which the
waiting list has been established.
Operator details are placed on the list in order of waiting list opening
date combined with each individual's date of commencement as a PhoneTAB
Operator. Waiting lists need not be
maintained for all categories. Waiting lists remain closed until operational
demands indicate a need to change Category and/or waiting list numbers.
(xxvi) "APS, SABS
and EFBS period" shall mean two 14-week periods and two 12-week periods
(ie. 14, 12, 14, 12).
4. Hours
(i) PhoneTAB
Operators shall be available to be rostered for shifts commencing at or after 7.30
am and at or before 7.15 pm daily. In respect of shifts finishing after
midnight shift commencement can be up to 9pm.
(ii) Shift Lengths
(a) Minimum shift
length will be four (4) hours with a rest break of no more than 15 minutes
allocated between the second and third hours.
(b) Maximum shift
length shall be seven and one half (7. 5) hours.
(iii) The maximum
number of ordinary hours per week shall not exceed thirty eight (38) hours.
5. Meal Breaks
An Operator who is required to work a shift in excess of
five and a half (5.5) hours shall be eligible to a maximum break of thirty (30)
minutes for the purposes of taking a meal.
In the event that such a break cannot be taken, the Operator shall be
eligible for payment of the thirty (30) minutes at the appropriate hourly rate.
6. Wage Rates
(i) The wage
rates in this Award shall reflect a 3% increase with effect from the first full
pay period to commence on or after 1st July 2004 and a further 3% increase with
effect from the first full pay period on or after the 1st July 2005.
(ii) The following
hourly rates shall apply from the first full pay period to commence on or after
1 July 2004:
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PhoneTAB Operators:
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Adult
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19 & 20 yrs
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18 yrs & under
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(75%)
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(60%)
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For all time worked other than Sundays and
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Public Holidays
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(ordinary time
rate)
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$20.40
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$15.31
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$12.23
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Time worked on Sundays and Public Holidays
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$40.80
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$30.62
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$24.46
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Time worked after Midnight
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A loading of 35% per hour to be paid for all time worked
after midnight;
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The loading will be paid in lieu of the Saturday loading
for all time worked after midnight on Fridays;
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Work performed after midnight on Sundays (ie Monday
morning will attract the loading of 35%
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of the normal rate.
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The 35% loading will not apply on Sundays or Public
Holidays regardless of the time of day as the
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current rate of double time applies.
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Special PhoneTAB Saturday Allowance: $1.97 per hour
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SPC, CS, Buddy Trainer Operators, and Sportsbetting
Allowance: $0.95c per hour. (CS only applies to
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work performed on a casual basis).
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Relief Team Leader Additional Rate: $2.56 per hour
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Trainee Operators:
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(80% of operator’s rate)
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For all time worked other than Sundays and
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Public Holidays
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(ordinary time rate)
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$16.32
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$12.24
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$ 9.78
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Time worked on Sundays and Public Holidays
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$32.64
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$24.48
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$19.56
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(iii) The following
hourly rates shall apply from the first full pay period to commence on or after
1 July 2005:
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PhoneTAB Operators:
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Adult
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19 & 20 yrs
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18 yrs & under
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(75%)
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(60%)
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For all time worked other than Sundays and
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Public Holidays
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(ordinary time rate)
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$21.01
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$15.77
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$12.60
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Time worked on Sundays and Public Holidays
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$42.02
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$31.54
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25.20
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Time worked after Midnight;
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A loading of 35% per hour to be paid for all time worked
after midnight;
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The loading will be paid in lieu of the Saturday loading
for all time worked after midnight on Fridays;
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Work performed after midnight on Sundays (ie Monday
morning will attract the loading of 35% of the
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normal rate.
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The 35% loading will not apply on Sundays or Public
Holidays regardless of the time of day as
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the current rate of double time applies.
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Special PhoneTAB Saturday Allowance: $2.03 per hour
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SPC, CS, Buddy Trainer Operators and Sportsbetting
Allowance: $0.98c per hour. (CS only applies to
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work performed on a casual basis).
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Relief Team Leader/Resourcing Co-ordinator Additional
Rate: $2.64 per hour
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Trainee Operators:
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Adult
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19 & 20 yrs
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18 yrs & under
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(80% of operator’s rate)
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For all time worked other than Sundays and
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$16.81
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$12.62
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$10.08
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Public Holidays
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(ordinary time rate)
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Time worked on Sundays and Public Holidays
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$33.62
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$25.24
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$20.16
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(iv) The wage rates
in this clause include loadings to reflect the casual nature of employment, and
include the 1/12 loading for annual leave entitlement.
(v) The parties
agree to maintain the
Attendance Productivity Scheme (APS) (see Clause
13). The APS percentage shall be four percent (4%).
Saturday Attendance Scheme (SABS) (see Clause 16). The SABS percentage shall be one percent
(1%).
Error Free Bonus Scheme (EFBS) (see Clause 17). The EFBS percentage shall be one percent
(1%).
(vi) During the term
of this Award there shall be no other increases to wages except those provided
for under Clause 25 of this Award.
(vii) The rates of
pay contained in this clause take effect on and from the date of
ratification. Employees covered by this
Award at the date of ratification will be paid the rate of pay in accordance
with this clause on and from1st July 2004 or the date of employment whichever
is the later.
7. Categories
The number of Operators required will vary in response to
operational demands.
(i) All PhoneTAB
Operators shall be categorised on the basis of a number of total target shifts
preferred to be worked per week.
(ii) Any Granville
Operator designated as being in the pre-award categories (see appendix A) shall
retain the conditions applicable to that designation. No additional Operators
will be included in the designated pre-Award categories and the arrangements
will continue only for each designated Operator’s current period of
employment. If any Operator wishes to
change category, they will forfeit the conditions associated with their
pre-Award designation.
(iii) The Granville
Categories shall be:
4A: Anytime (Saturday plus three (3) shifts per week, available day and
night.
3A: Anytime (Saturday plus two (2) shifts per week,
available day and
night).
4D: Saturday plus three (3) shifts per week (latest
start time 1725
midweek).
3D: Saturday plus two (2) shifts per week (latest start
time 1725 midweek.
3N: Saturday plus two (2) midweek nights commencing
from 1730.
2N: Saturday plus one (1) midweek night commencing from
1730.
SOMC: Saturday only/Melbourne Cup (1 shift per week on
Saturday only and
must be available for Melbourne Cup). Sunday Shifts
allocated as per Clause 11 (v).
(iv) All Operators at
the time of making this Award, must make themselves available for rostering on
Melbourne Cup day/night. All efforts
will be made to roster Operators in accordance with their normal availability
(day or night). Those Operators who
reduce their availability to Saturday will be placed in the SOMC category.
When an SOMC Operator moves to another category, the
requirement to be available for Melbourne Cup rostering also remains.
(v) PhoneTAB
Operators who commence as SOMC Operators must make themselves available on
Melbourne Cup Day/Night, regardless of which category or category waiting list
they may subsequently join.
(vi) Waiting lists
will be opened from time to time in response to operational needs. While a
waiting list is open, all PhoneTAB Operators, will be able to apply for the
open waiting list of their choice.
Operators shall be limited to applying for one (1) waiting list only at
any one time.
(vii) All PhoneTAB
Operators recruited after the date of effect of this Award will commence in the
SOMC category and remain in that category until offered the opportunity to
apply for another category or category waiting list.
(viii) Operators will
be advised of waiting list vacancies and application procedures via the
PhoneTAB Bulletin and/or additional notices on staff notice boards.
(ix) Position on a
category waiting list shall be determined by combining the date that a specific category waiting list opens with
the applicant’s date of employment as a PhoneTAB Casual Operator.
(x) Movement into
a category, other than SOMC, will occur from the top of the appropriate waiting
list and in response to operational demands.
An individual's performance record (attendance, service quality and
accuracy) will be considered in the decision to move an operator into a
category.
(xi) Any
application by an individual PhoneTAB Operator to effect a reduction in the
target number of shifts worked per roster will be considered on merit.
8. Customer Service
/Operator Designations
(i) Operators
designated as Customer Service Operators (CS) may be deployed in response to
fluctuating customer service requirements such as enquiries information;
account administration; complaints/customer relations; special needs and other
areas as arise as part of operational activities and initiatives.
(ii) Operators may
apply at any time to the Staffing Office for consideration as a Customer
Service Operator.
(iii) If accepted,
training will be provided. Upon satisfactory completion, the Operator will be
designated CS.
(iv) Designations
will be contingent upon continued satisfactory performance. If an individual's
performance as a CS is determined to be less than satisfactory, that Operator's
designation will lapse. To regain a
designation, an Operator will need to re-apply and satisfy all assessment
criteria.
(v) As demand for
staffing CS fluctuates, Operators holding a CS designation cannot be guaranteed
that all shifts they receive will be CS shifts.
9. Special Operators
(i) Waiting lists
for SPC will be opened from time to time in response to operational demand.
While an SPC waiting list is open all Operators are eligible to apply. Selection will be based on overall job
performance.
(ii) If accepted
training will be provided. All new SPC Operators must pass a 3-month probation
period satisfactorily before their position in an SPC category or SPC waiting
list is confirmed.
(iii) Designations
will be contingent upon continued satisfactory performance. If an individual's performance as an SPC
Operator is determined to be less than satisfactory that Operator shall be
removed from SPC.
(iv) As demand for
staffing the SPC area fluctuates, Operators holding an SPC designation cannot
be guaranteed that all shifts they receive will be SPC shifts.
10. Shift Allocation
(i) Allocation of
shifts
Every Operator must work Saturdays. Saturday is the first day of shift
allocation.
Shifts are then allocated for Sundays, Public Holidays
(if applicable) and midweek, in that order.
On each of these days shifts are allocated in the order
of SPC, Customer Service, Sports and General.
All shifts are allocated using a number of starting
points to provide an even distribution.
However, even distribution is impacted by leave, early and late requests
and car pooling requirements.
It is possible that not all designated Operators will
have been rostered for the target number of shifts associated with their
category by the time all available shifts have been filled. The specific
rostering parameters which follow will accommodate this.
(ii) Saturdays
(a) Saturday Shift
Allocation
Shifts are allocated in order of SPC, Customer Service,
Sports and General.
Early shifts are allocated
Late shifts are allocated
General shifts are allocated
Saturday shifts shall be allocated to all available
Operators on a rotational basis.
(b) If the number
of Saturday shifts available for distribution on a particular Saturday is
insufficient to allocate 1 (one) shift to each of the available Operators, the
following procedures shall apply:
Operators in the Saturday Only Melbourne Cup (SOMC)
category shall be rostered off on a rotational basis.
The rostering off rotation shall commence with SOMC
Operators and shall progress in order of most recent date of employment as a
PhoneTAB casual Operator.
When a public holiday falls on a Saturday, public
holiday rostering procedures apply.
(iii) Sundays
(a) 15% of General
shifts are allocated to Saturday only staff who have attained six months
service.
(b) 85% are
allocated to the category staff.
(c) SPC, Customer
Service and Sports are allocated first.
The General shifts are then allocated.
SPC, Customer Service and Sports staff who do not get a shift in those
categories are then included in the rotation of General Operators.
(d) The starting
point for Sunday shifts in each roster is the person who did not get a Sunday
shift last time.
(e) Operators who
do not attend their allocated Saturday shift immediately prior to a rostered
Sunday shift will not be permitted to commence their Sunday shift. (Approved
leave and Doctor's Certificates exempt).
(iv) Public
Holidays
The roster is ordered by date of employment and shifts
allocated by date of employment
SPC, Customer Service, and Sports shifts are allocated
first
General shifts are then allocated to staff taking into
consideration any early, late requests.
(v) Midweek
(a) SPC, Customer
Service, and Sports shifts are allocated first. Shifts are then allocated to:
Night category staff
Fully Available and Day categories
Waiting list by date of joining/or from last person not
to get a waiting list shift last time
Waiting list by date of joining/or from last person not
to get a waiting list shift last time
Staff in (plus) categories
Staff who requested Saturday off
Waiting list by date of joining/or from last person not
to get a waiting list shift last time
To category staff as additional shifts from most to
least available.
(b) If the number
of midweek shifts available for distribution is insufficient to allocate target
shift numbers to each of the available category Operators, Operators in
categories eligible for midweek shifts shall be rostered off on a rotational
basis. The following procedures shall
apply:
(1) Rostering off
shall commence with Operators in the category with the lowest number of target
shifts, i.e. 2N, 3N, 3A to 4A and progress through in that order. Within each category the Operator with the
most recent date of employment shall be the first to be rostered off.
(2) The rostering
off will not always complete a full rotation each roster. When this occurs the next rostering off
shall commence from the Operator last rostered off.
(vi) Night Shifts
(a) Work performed
after midnight will be allocated on a voluntary basis (notwithstanding the following
exceptions) and paid for according to the rates specified in this Award.
Operators employed in SPC, Sports Betting and Customer Service (prior to the
latest intakes preceding 17 October 2001) will continue to be rostered only on
a voluntary basis. Operators who have
made themselves available for after midnight work must continue to be available
in the future.
(b) Operators must
be prepared to work after midnight to become eligible to move from the waiting
list to the Fully Available category.
11. Rostering
Operational demands will determine the number of staff
rostered.
(i) Each PhoneTAB
Operator will be rostered in accordance with their individual roster
category. Roster categories are defined
in Clause 7.
(ii) The roster
shall be prepared for a period of one (1) week. It shall be published at least 10 days prior to the commencement
of that period.
(iii) All PhoneTAB
Operators, regardless of their individual category, must be available to attend
at any time on Saturdays within normal working hours.
(iv) PhoneTAB
Operators must indicate their individual inability to attend for each roster
week 30 days in advance. Requests for
leave will be subject to the pre-determined Operator leave levels. Individual requests for absence above and
beyond predetermined leave levels will be considered on merit.
(v) PhoneTAB
Operators will not be rostered at times when they have notified of their
inability to attend as per 11 (iv).
(vi) Provided that
a sufficient number of shifts is available for distribution, all available
PhoneTAB Operators will be offered a minimum of one shift per week. This will not apply to those Operators:
(a) within the
SOMC category, or
(b) with a
self-imposed Saturday only restriction.
(vii) Consideration
will be given to a PhoneTAB Operator's preference for working Saturday late
afternoon and evening shifts. However such an allocation cannot be guaranteed.
(viii) All PhoneTAB
Operators current and future, may be required to work on the day or night of
the Melbourne Cup.
(ix) Operators will
be required to ring in on a 1800 number to an IVR system to confirm start
times.
12. Rostering
Committee
(i) The parties
agree to continue to participate in a working committee which was established
in February 1996 to review the method of rostering PhoneTAB Operators.
(ii) Nothing in
this Award shall prevent changes to the existing rostering arrangements being
implemented as soon as practicable, provided such changes are agreed between
the parties.
13. Attendance
Productivity Scheme (APS)
The parties agree to maintain the attendance productivity
scheme (APS). The APS percentage shall
be four per cent (4%).
The scheme shall operate as follows:
(i) At the completion
of each APS period, the TAB shall pay to each employee who has attended for 95
per cent or more of rostered shifts, an amount equal to the appropriate APS
percentage of that employee's earnings for the relevant period.
(ii) If, in
calculating 95% of an employee's rostered shifts, the resultant figure is not a
whole number, those parts of the figure which are 0.5 and over shall be rounded
up to the nearest whole number. Those
below 0.5 shall be rounded down to the nearest whole number.
Example 1:
If an Operator was rostered for 53 shifts over the APS
period, to qualify for the entitlement he/she would have to attend as follows:
53 x 95% = 50.35
The figures 0.35 would be disregarded, so that to
qualify for the APS, the Operator would
need to have attended 50 shifts.
Example 2:
If an Operator was rostered for 48 shifts over the APS
period, to qualify for the entitlement he/she would have to attend as follows:
48 x 95% = 45.6
The figure of 0.6 would be rounded up, so that to
qualify for the APS the Operator would need to have attended 46 shifts.
(iii) TAB Limited
shall also calculate the total wages bill for the relevant period, from which
it shall deduct the total wages bill of those Operators who have attended for
95 per cent or more of rostered shifts.
It shall then calculate the appropriate APS percentage
of the residual figure and shall distribute such amount as follows:
(a) 70% shall be
paid to Operators who have attended for 95% or more of their rostered shifts
over the relevant period and shall be allocated in proportion to such
Operator's PhoneTAB earnings over the relevant period;
(b) 30% shall be
paid to Operators who have attended 100% of their rostered shifts over the
relevant period and shall be allocated in proportion to such Operator's
PhoneTAB earnings over the relevant period.
(iv) In assessing
attendance, the following absences shall not be counted as rostered shifts:
(a) Where a
substitute shift is authorised.
(b) Where absence is
due to family bereavement (up to a maximum of two days).
(c) Where an
Operator is required to attend for jury duty.
(d) Where an
Operator obtains authorised leave prior to the preparation of rosters.
(e) Where an
Operator obtains authorised midweek leave after the preparation of rosters but
with sufficient notice for management to organise a replacement for the
Operator absenting themselves. Two (2)
working days is deemed sufficient notice.
Management has the absolute discretion to authorise or not authorise the
leave in such circumstances.
(f) Where an
Operator is unable to attend for duty by reason of illness and is able to
substantiate such illness by the production of a medical certificate on next
attending work. The maximum amount of
notice is to be provided to management of this absence, in order that
replacement may be arranged.
(g) Where such
other circumstances arise where, in the judgment of the Management, any
employee would not reasonably have been able to attend for duty. The Manager Account Sales is to have
absolute discretion in this matter.
(v) An Operator
attending for duty who is required by reason of illness to absent him/herself
for part of his/her shift shall, for the purpose of the APS, be deemed to have
worked the shift in its entirety.
(vi) An Operator
commencing or ceasing employment part-way through a APS period shall be treated
as having been employed for the entirety of the period but shall be regarded as
having not been rostered for the period before his/her commencement or after
his/her termination whichever the case may be. Provided that employees
terminated by TAB Limited shall be excluded from this arrangement.
(vii) In calculating
either an Operator's wage for a period or the total wage bill for a period, TAB
Limited shall refer to the amounts actually paid during a period rather than
allocate such amounts to the period for which they should have been paid.
(viii) Under no
circumstances shall TAB Limited become entitled to retain any money which
accrues as a result of this award. In
the event that there is still money to be distributed after all steps contained
in this award are completed, discussions shall be held between the Union and
Management to determine an appropriate method of distribution.
14. Minimum 90%
Attendance Requirement
(a) At the
completion of each APS period (See 14 9) Operators who have not attended for
90% or more of their rostered shifts will receive a warning by Management.
(b) Should the 90%
attendance requirement not be achieved twice within a 12 month period, an
Operator shall have his/her shift allocation reduced by one shift per week for
12 weeks in the following period. (SOMC
only staff will be terminated).
(c) Should the 90%
attendance requirement not be achieved 3 times within a 12 month period, an
Operator's preferred number of target shifts will be reduced by one shift per
week permanently.
(d) Rostered
shifts are calculated on the same basis as for the APS.
15. Saturday
Attendance Bonus Scheme (SABS)
The Parties agree to maintain the Saturday Attendance Bonus
Scheme (SABS). The SABS percentage will be 1% of the total wage pool for the
SABS period.
The Scheme shall operate on the following basis:
(i) Payment
cycles will apply as per the APS.
(ii) Operators
must attend 100% of Saturday Shifts to qualify for a share of the 1% total wage
pool for the SABS period.
(iii) Operators who
have attended 100% of their rostered Saturday shifts during the SABS period
shall be paid in proportion to such Operators PhoneTAB earnings during the
relevant period.
(iv) Approved leave
and sick leave subject to verification by medical certificates will not be
included as an absence.
16. Error Free Bonus
Scheme (EFBS)
The parties agree to maintain an Error Free Bonus Scheme
(EFBS). The EFBS percentage will be 1% of the individuals wages for the EFBS
period.
The Scheme will operate on the following basis:
(i) Payment
cycles will apply as per the APS and SABS.
(ii) Operators must
be 100% error free to qualify for an extra 1% of the individual’s wages for the
EFBS period.
(iii) Only errors
attributed solely to the Operator will be used in this calculation. As is the
current practise Management will continue to determine the outcome of customer
claims.
(iv) Date of
payment of error shall determine the EFBS period.
17. Attendance
When a PhoneTAB Operator is absent from rostered duty due to
emergent community service (such as State Emergency Service duty), the Operator
will be paid for the full shift length.
Payment will be made subject to production of evidence of
attendance with an indication of the nature of such community service.
18. Performance
Assessment
(i) The parties
agree that it is necessary to assess the quality of service and skills levels
of Operators.
(ii) The method of
such assessment will be a combination of observation, verbal and written
testing.
(iii) Where
appropriate, remedial or additional training will be offered to those Operators
determined to be performing below acceptable levels.
19. Consultative
Meetings
The parties agree to continue to have regular meetings
between Union Representatives and Management.
It is intended that meetings be arranged as follows:
(a) Where
practicable meetings will be held on a monthly basis at a time and date to be
agreed between the parties.
(b) Union
Representatives will provide Management with a written agenda of matters they
wish to have discussed at the meeting five working days prior to the meeting.
(c) Management
will provide Union Delegates with a written agenda of matters they wish to have
discussed at the meeting five working days prior to the meeting.
(d) Attendance at
all meetings with Management will be paid time for Union Delegates.
(e) Meetings
amongst Union Delegates and Union Officials prior to discussing agenda items
for the Union/Management meetings will be paid time for up to 90 minutes of a
rostered shift. In extenuating
circumstances and upon request, consideration will be given to payment for additional
time for such meetings.
(f) Minutes of
business discussed at each meeting will be taken and copies will be forwarded
to all attendees, one week prior to the next meeting.
(i) General
Meetings
Where issues remain unresolved in meetings convened
above, meetings shall be arranged between the parties to discuss such
matters. These meetings will be
attended by a Union Official, a Union Representative, the PhoneTAB Operations
Manager, and/or the Manager Account Sales, and the Human Resources Manager
Wagering
(ii) Union
Delegate Training
Subject to operational requirements, time to attend
relevant TUTA courses will be granted to nominated Union delegates. For a total of twelve days per calendar
year, nominated delegates will be paid the minimum shift of four hours per day
of attendance.
(iii) Central
Council Meetings
Subject to operational requirements, delegates elected
to the Central Council of the Union will be paid for attendance at Central Council meetings. Payment will be limited to two Delegates
attending on two occasions per calendar year.
Payment for the minimum shift of four hours will be made. Any delegate
who resigns as a Delegate of the ASU will not be paid to attend Central Council
meetings.
20. Role of Managers
and/Or Supervisory Staff
It is intended that Managers, Team Leaders and Resourcing
Co-ordinators maintain their skill and knowledge at an appropriate level by
taking bets by telephone on occasions.
21. Dispute/Grievance
Resolution Procedure
(i) The parties agree
to the following procedures involving individual employees:
(a) In the first
instance, the employee will notify (in writing or otherwise) the Call Centre
Manager as to the substance of the grievance, request a meeting to discuss it
and state the remedy sought. A meeting
should be held within 48 hours of notification.
(b) If the matter
is not resolved in this meeting, the matter shall be further discussed by the
employee(s) and at their request, a Union representative, the Call Centre
Manager and the Manager Account Sales or the PhoneTAB Operations Manager. This should take place within 48 hours of
the completion of (a).
(c) If the matter
remains unresolved, the matter shall be further discussed by the employee(s), a
representative of the Union, the PhoneTAB Operations Manager and/or the Manager
Account Sales, and the Human Resources Manager Wagering. This should where practicable take place
within 48 hours of the completion of (b).
(d) Should the
matter remain unresolved, the employer shall provide the employee and where
appropriate the Union, with a written response outlining why the remedy sought
in (a) cannot be provided.
(e) If the matter
still remains unresolved, the matter may be referred to the Industrial
Relations Commission.
(ii) The parties
also agree to the following procedures over a question, dispute or difficulty
concerning the interpretation, application or operation of this Award.
(a) In the first
instance, the employees will notify (in writing or otherwise) Call Centre
Manager as to the substance of the dispute and request a meeting to discuss the
remedy sought. A meeting should be held
within 48 hours of notification.
(b) If the matter
is not resolved in this meeting, the matter shall be further discussed by the
employees, and, at their request a union representative, the Call Centre
Manager, the PhoneTAB Operations Manager and/or the Manager Account Sales and
the Human Resources Manager Wagering. This should take place within 48 hours of
the completion of (a).
(c) The parties
have the right to refer the matter to the Industrial Relations Commission if
the matter remains unresolved after (b).
(iii) It is a
condition of this Award that the procedures will be followed and that there
shall be no disruption to work whilst such procedures are being followed.
22. Miscellaneous
Provisions
(i) Finishing At
Night Allowance*
Operators finishing shifts at or after 10.00 pm shall
be entitled to an allowance of $10.75 or have transport provided.
Operators finishing shifts at or after sunset and
before 10.00 pm shall be entitled to transport to the nearest railway station.
(ii) Overtime
All time worked in excess of 7.5 hours shall be
regarded as overtime and paid at time and a half for the first 2 hours and
double time thereafter. On a Public
Holiday or a Sunday, any time worked beyond 7.5 hours shall be paid at the rate
of double time and a half of the ordinary rate.
(iii) Meal
Allowance*
If an Operator is rostered to work 10 hours or more per
day, a meal allowance of $9.40 is payable.
(iv) Illness On
Duty
When an Operator reports for duty and subsequently
indicates that he/she is ill, and is unable to continue the shift, the Operator
shall be required to provide a medical certificate to the Call Centre Manager
before payment for the full shift is approved.
If no certificate is provided the Operator shall be paid for the actual
time worked unless otherwise determined by Manager Account Sales.
(v) Cancelled Or
Postponed Meetings
When meetings are postponed or cancelled and Operators
are unable to be notified, they shall be paid for 2 hours of their rostered
shift or the total amount of travelling time whichever is the greater with a
maximum of 4 hours.
(vi) Car Pools
Consideration will be given to car pool
arrangements. Car pools are a matter
for the individual Operator to arrange and should be advised to the staff of
the Forecasting and Resourcing Office.
Every effort will be made to match shifts, but this cannot be
guaranteed.
*Allowances will be varied annually having regard to
movements in the CPI to March each year.
23. Developmental
Opportunities
From time to time a general advertisements will be placed in
the PhoneTAB Bulletin requesting Operators to make an application for various
temporary/casual positions, which may become available. Such positions could include Relief Team
Leaders or Duties Shift, Administration/Clerical position
Selection will be on merit and in accordance with EEO
principles. A list of successful applicants
in the various skills areas will be compiled and positions shall be offered on
a needs basis. Payment for work
performed in temporary/casual positions shall be at the rate appropriate for
the position.
No Operator shall be disadvantaged in respect of category
and/or waiting list by being involved in a developmental opportunity.
24. Conditions Not
Altered By This Award
Unless specifically addressed in the context of this Award,
conditions of employment remain unchanged by the implementation of this Award.
25. No Extra Claims
Parties to this Award undertake not to pursue any extra
claims, except those allowed by Part 3,
Chapter 2 of the Industrial Relations Act 1996. Under the Act, items may be raised for
discussion with a view to achieving mutually agreed variations during the term
of this Award.
The parties agree to commence negotiations for a new Award
three months prior to the expiration of this Award, with a view to the new
Award applying from 1 July 2006.
26.
Anti-Discrimination
(i) 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, disability,
homosexuality, transgender identity age and responsibilities as a carer.
(ii) 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.
(iii) Under the Anti-Discrimination
Act 1977 it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing under
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 a 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.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
27. Area, Incidence
and Duration
This Award shall be apply to all casual staff employed by
TAB Limited as PhoneTAB Operators.
It shall apply to casual staff employed to answer customer
telephone calls in a section of TAB Limited known as PhoneTAB.
This variation shall take effect from 1 July 2004 and will
expire on 30 June 2006.
Appendix A
Plus Shift (+)
Listing
Four Shift Plus
|
Operator Number
|
Operator Number
|
Location
|
|
|
|
|
|
230962
|
Curle P
|
Granville
|
|
241137
|
Dixon J
|
Granville
|
|
217811
|
Duncombe E
|
Granville
|
|
217225
|
Fagan D
|
Granville
|
|
231256
|
Fozzard J
|
Granville
|
|
239800
|
Hopper J
|
Granville
|
|
212776
|
Kerr C
|
Granville
|
|
240224
|
Leonard H
|
Granville
|
|
231617
|
McCune A
|
Granville
|
|
218765
|
Moodie L
|
Granville
|
|
214497
|
Reynolds J
|
Granville
|
|
222503
|
Stewart V
|
Granville
|
|
234195
|
Walsh D
|
Granville
|
|
240128
|
Warren H
|
Granville
|
|
|
|
|
|
Total 4 (+) = 14
|
|
|
Three Shift Plus
|
Operator Number
|
Operator Name
|
Location
|
|
|
|
|
|
212173
|
Collins T
|
Granville
|
|
230970
|
Dougenis W
|
Granville
|
|
201894
|
Emmett J
|
Granville
|
|
221881
|
Elepano E
|
Granville
|
|
221496
|
Guidi K
|
Granville
|
|
226146
|
O'Brien J
|
Granville
|
|
232320
|
Van Baardwyk J
|
Granville
|
|
|
|
|
|
Total 3 (+) = 7
|
|
|
Operators
Retaining Rostering Arrangements from Granville Opening 1987 Day Preference
|
Operator No.
|
Operator Name
|
# Target Shifts
|
Agreed Days
|
|
|
|
|
|
|
215818
|
Anderson D
|
2
|
Wed
|
|
232989
|
Curran Y
|
4+
|
Wed, Thu, Tue
|
|
205502
|
Symons P
|
4
|
Wed, Thu, Mon
|
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.