TNT EXPRESS SYDNEY DRIVERS CONSENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1851 of 2004)
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Before The Honourable
Mr Deputy President Harrison
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30 August 2004
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REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
Preamble
Customer Focus
1. Parties
To, Title and Duration of the Award
2. Wages
3. Definitions
4. Area and
Incidence
5. Conditions
of Employment
6. No Duress
7. Probationary
Period of Employment
8. Drivers’
Rostered Days Off (RDOs)
9. Sick
Leave/Absenteeism
9a. State
Personal/Carer’s Leave Case - August 1996.
10. Meal
Breaks and Crib Breaks
11. Working of
Overtime
12. Payment of
Wages
13. No
Demarcations
14. Zone
Meetings
15. Freight
Handling
16. Bulk
Freight
17. Sales
Assistance
18. Identification
of Freight
19. Control of
Documentation
20. Security
Procedures
21. Uniforms
and Presentation
22. Vehicle
Cleanliness, etc.
23. Driver to
Perform Air Freight Pick-ups
24. Orientation
25. Freight
Note Control
26. Pallet
Control
27. National
Dangerous Goods Handling Procedure
28. Reduction
in Insurance Claims for Vehicles, Equipment and Freight
29. Customer Contacts
- Average Contact Rate
30. Procedures
Relating to Grievances of Individual Employees
31. Procedures
Relating to Disputes, etc., Between the Employer and the Employees
31a. Anti-Discrimination
32. Special
Circumstances in Relation to Disputes Procedure/Process
33. Bulk
Vehicles - Methods of Operation
34. Evacuation
Procedures
35. Monitoring
and Review Process
36. Wage Rates
37. No Extra
Claims Commitment
PART B
MONETARY RATES
Table 1 - Wages
Drivers
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8
PART A
Preamble
The parties to this award have, through numerous meetings
and discussions, finalised an agreement recognising that that agreement is aimed
at enabling flexibility within the enterprise.
It is acknowledged by the parties that a successful
agreement will be one which provides an incentive over a period of time for all
personnel to constantly strive for an improved performance within the company
and on behalf of the clients, and one which fosters a harmonious and safe
workplace.
The company acknowledges and recognises the past
contribution made by its employees through their efficiency, productivity and
quality of service to its customer base. The company further accepts that there
has been an improvement of productivity which has started to improve the
overall situation the company was in.
Employees shall:
(A) commit to the
provision of an improving and quality service to our clients;
(B) commit to TNT’s
vision contained in Part B Attachment 1 of this award.
As a result of the above and the other measures referred to
in this award, the company shall provide the wage increases as detailed in the
tables in this award.
Customer Focus
This award is made to ensure that the best possible service
to the customer is delivered.
It is essential that the company and its employees ensures
the best possible service is delivered to the customer, as it is the customer
who provides the company, the shareholders and its employees with:
(i) work to
perform;
(ii) revenue to
meet overhead costs;
(iii) profit for
the quality services provided; and
(iv) opportunity
for continued viability and growth.
The customer is the cornerstone of our future, and customer
focus shall be the most important consideration as we develop a more flexible,
efficient and co-operative workforce via the enterprise bargaining process and
other processes.
1. Parties to, Title
and Duration of the Award
The parties to this award shall be the employer and the
Transport Workers’ Union of New South Wales Branch.
The award shall be known as the TNT Express Sydney Drivers
Consent Award and shall operate from 30 August 2004 and remain in force for a
period of three (3) years.
2. Wages
This award, in so far as it fixes rates of wages, is made by
reference and in relation to wages as set out in Part B, Monetary Rates.
The said wage is subject to variation by Enterprise
Agreements negotiated between the parties from time to time.
3. Definitions
For the purpose of this award, the following definitions
shall apply:
(A) "Act"
shall mean the Industrial Relations Act 1996.
(B) "Award"
shall mean the TNT Express Sydney Drivers Consent Award.
(C) "Parent
award" shall mean the Transport Industry (State) Award as varied, or any
award replacing, succeeding or modifying the parent award.
(D) "Dockhand"
shall mean an employee employed in accordance with the TNT Express Sydney
Sortation Award August 2004.
(E) "Driver"
shall mean an employee employed in accordance with the "parent
award".
(F) TNT Express
Enfield Dockhand Grade 1" shall mean a person employed principally to perform
the duties in accordance with the TNT Express Sydney Sortation Award August
2004.
(G) TNT Express
Enfield Dockhand Grade 2" shall mean a person employed principally to
perform the duties in accordance with the TNT Express Sydney Sortation Award August
2004.
(H) "Employee"
shall mean a dockhand or driver who works at the direction of the employer.
(I) "Employer"
shall mean TNT Australia Pty Limited (ABN 41 000 495 269).
(J) "Enterprise"
shall mean the transport operation located at 16-24 Cosgrove Road, Enfield,
Sydney.
(K) "Union"
or "the TWU" shall mean the Transport Workers’ Union, New South
Wales.
4. Area and Incidence
(A) This award
shall apply to the employer and persons employed by the employer as a driver in
the relevant occupations within the scope of the parent award and as defined in
this award.
(B) This award
shall apply to a driver who performs work for the enterprise.
5. Conditions of
Employment
Except as provided by this award, the conditions of
employment of employees to whom this award applies shall be those contained in
the relevant parent award. Where there is inconsistency between this award and
the relevant parent award, this award shall prevail.
6. No Duress
The parties agree that agreement has been reached by consensus
through a consultative process and then decided upon by a ballot of the
employees present without duress by any party.
7. Probationary
Period of Employment
(A) A new employee employed
as a permanent employee shall be employed on a probationary period for three
months. During the course of or at the end of the three months, a decision
shall be made by the employer on the performance of the employee in
consultation with TWU site representatives.
(B) Employment by
either party can be terminated by a week’s notice or by payment
or forfeiture of a week’s pay in lieu.
8. Drivers’ Rostered
Days Off (RDO's)
RDO's shall be accumulated and paid out each calendar year
at the rate of time and a half, in lieu of being taken. RDO's shall be paid
twice a year (one week prior to the end of June and one week prior to
Christmas).
9. Sick
Leave/Absenteeism
Notification of inability to work on any given day due to
illness must be given prior to the commencement of normal starting times, and
further notice given within 24 hours if the duration of the absence is longer
than one day, and the nature of the illness.
9a. State
Personal/Carer’s Leave Case - August 1996
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 9, Sick
Leave/Absenteeism, for absences to provide care and support for such persons
when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph
(b) of subclause
(1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
10. Meal Breaks and
Crib Breaks
(A) Meal breaks of
no less than one hour shall be taken by the employee, subject to the
operational requirements of the business, no earlier than 3.5 hours after the commencement
of ordinary hours of work, and no later than six hours after the commencement
of the ordinary hours of work. Meal breaks of less than one hour shall only be
taken when requested by the employer. The
start and finish times of meal breaks and the duration of meal breaks may vary
daily.
(B) In lieu of
taking crib breaks as a consequence of working overtime, the employer shall pay
out crib breaks at the ordinary rate of pay.
11. Working of
Overtime
An employee shall not work or be paid overtime unless the
working of such overtime is approved by the employer. The onus shall be on the
employer to advise employees of a requirement to work overtime.
12. Payment of Wages
(A) All employees’
wages shall be paid direct by electronic funds transfer to the bank of their
choice.
(B) The operation
of this clause shall be reviewed where costs incurred by paying, receiving and
withdrawing wages by electronic funds transfer significantly increase.
(C) With respect to
starting times, the employer may agree not to deduct monies where an employee
arrives late to work due to real and substantiated mitigating circumstances
(e.g., road accident causing a delay to work).
(D) In the
circumstances where payment by electronic funds transfer does not eventuate in
any week on the agreed day, and an employee faces financial difficulty and
advises the employer accordingly, the employer shall make alternative payment
of wage arrangements. Any monies paid by cash or cheque in these circumstances
shall be deducted from the current or a following pay week.
13. No Demarcations
All employees shall work as directed within reasonable
bounds, providing it does not adversely affect the execution of regular or
normal duties. Duties shall include:
(A) Drivers
assisting where required to unload and load parcel trailers, drive forks and
other dock work as required; and
(B) allowing
dockhands to perform driving duties as required.
14. Zone Meetings
Zone meetings shall be held on a regular basis, with the view
of reviewing contact rates on a Zone and Run basis, with the view to improving
the contact rates to an agreed level.
15. Freight Handling
(A) This matter has
caused some considerable concern to the employer, employees and the union over
a long period of time. However, it is agreed that at no time has the intention
of the employer been to have staff members work in a way which would result in
the replacement of employees covered by this award or cause disadvantage to
employees covered by this award.
(B) The instances
where supervisors and management can handle freight are as follows:
(i) where freight
is "out of control";
(ii) for the
purpose of checking an address (including manifesting, left on docks and
misdirects);
(iii) for the
purpose of checking the packaging;
(iv) for the
purpose of checking freight nominated as "security freight";
(v) in the
performance of ticket office functions, where freight notes have arrived late;
(vi) to avoid an
accident or for other occupational health and safety reasons;
(vii) to assist in
the training and support of trainees and new coders at the coding stations
(including showing such persons how to perform the function as opposed to
"doing the job").
16. Bulk Freight
Bulk freight shall be delivered by all vehicles (i.e.,
company and contract carrier vehicles), at the discretion of the AM Operations
Manager.
17. Sales Assistance
Company representatives may be required to accompany a
driver for the purpose of acquiring a more detailed knowledge of the client
base. When the company representative accompanies a driver, the company
representative and driver shall do whatever is required to ensure the best
image of the company is presented to the customer.
18. Identification of
Freight
To enable faster and more efficient processing of freight in
the PM Operations, all drivers shall ensure all freight is correctly stickered
with the correct barcode destination label.
19. Control of
Documentation
Documentation pertaining to freight picked up is to be
checked to ensure it is handled in the correct manner and, in the first
instance, that the details of the document are correct (i.e., sender’s and
receiver’s address and who is paying for freight).
In the case of a first-time sender or one time sender (OTS),
these consignment notes need to be separated and stickered with the appropriate
OTS sticker.
20. Security
Procedures
(A) All vehicles
must be secured at all times to ensure the safety of our customers’ freight. As
part of this security, padlocks must be used to lock all doors of vans, and
cabins should also be locked when drivers are absent from vehicles.
(B) Manifesting
shall occur to improve customer service operations. All employees shall commit
to and support the employer’s security control system over signed proof of
delivery consignment notes.
(C) If a signature
is not legible, it is then the responsibility of the employee to request it to
be printed. If a driver is unable to obtain a printed signature, then the
driver shall ask the name of the person who has signed the consignment note and
the driver shall register such person’s name on the consignment note if given.
21. Uniforms and
Presentation
All employees shall present themselves in a clean and tidy manner
for work and shall wear uniforms as issued at all times. If any clothing other
than the issued uniform is worn, a verbal advice will be issued by the
employer. If an employee continues not to wear the uniform after a verbal
advice of concern is issued, the employee shall not be eligible to commence
work or be paid until the uniform is worn as required.
22. Vehicle
Cleanliness, Etc.
The company accepts the responsibility to keep the exterior
of the company-owned vehicles clean. However, it is the responsibility of the
driver to keep the cabin interior clean and tidy and free from rubbish at all
times. Drivers shall also check oil, water and tyres on a daily basis and
detail a defect report booking card as required (refer to Attachment 2). All
damage to vehicles shall be reported immediately after it is noticed by the
driver.
23. Driver to Perform
Air Freight Pick-Ups
(A) All TNT Express
drivers shall perform TNT Express Air pick-ups as required where the road fleet
already services the customer.
(B) The performing
of the air freight pick-ups by drivers shall be monitored and reviewed in zone
meetings.
(C) A commonsense
approach shall be adopted with respect to "late pick-ups".
(D) Any
disagreement regarding a request made to pick up air freight shall be reviewed
the next day by the driver and/or delegate and the relevant management
representative.
24. Orientation
Prior to an employee commencing employment, the company will
require such person to complete an agreed orientation programme.
25. Freight Note
Control
(A) The freight
notes which are handled and detailed by drivers and on which the customer
relies to pay the company for the services provided, represents the contract
between the company and the customer. It is essential that all drivers perform
all duties necessary to ensure the contract with the customers is properly
executed and the customer promptly pays the rates required by the company for
the service provided. Without limiting the duties that may be required to be
performed, employees shall, to the best of their ability, perform the duties
noted in this clause and in Attachment 3.
(B) The making of
this clause shall not affect the payment currently made for cubing or
check-weighing.
(C) The performance
of the duties referred to in this clause shall be performed "on the
run" where reasonable, in a way which ensures the best image of the
company is presented to the customer. The satisfactory performance of such
duties on an ongoing basis shall be closely monitored. Any disputes regarding
the application of this subclause shall be progressed in accordance with clause
31, Procedures Relating to Disputes, etc., Between the Employer and the
Employees.
(D) It is agreed
that, to achieve the 100 per cent target, the following shall be implemented
with respect to freight note control:
(i) driver
education;
(ii) customer
education;
(iii) communication
procedure between drivers and management to ensure any difficulties with
customers are advised so management can rectify any problems;
(iv) the checking
and securing of freight nominated as "security freight", consistent
with any procedures, and ensuring the details of corresponding freight notes
are accurate;
(v) monitoring of
freight note accuracy (for example, refer Attachment 4).
(vi) identifying
and rectifying problems;
(vii) communication
of such problems to individual drivers to rectify such problems.
26. Pallet Control
Pallets are items which are leased to the business or owned
by the business. These items are integral to the transportation of certain
items of freight and it is agreed drivers shall do whatever is reasonable to
minimise the cost of using pallets.
It is further agreed that the parties shall work towards 100
per cent control of pallets over the life of this award by adopting the process
as detailed below:
(1) Drivers shall
perform duties in accordance with the required Pallet Control Procedure. The
finalisation of such a procedure is subject to further consultation and
discussion with TWU delegates. A draft of the procedure as proposed by the
employer is contained in (Attachment 5) and shall be subject to the
consultation and discussion referred to herein.
(2) A driver shall
detail the attached Pallet Movement Docket every time a pallet is transported
by the driver (Attachment 6).
The following shall eventuate to assist in the
achievement of the 100 per cent target:
(i) driver
education;
(ii) customer
education;
(iii) communication
procedure between drivers and management to ensure any difficulties with customers
are advised so management can rectify any problems;
(iv) identifying
and rectifying problems;
(v) communication
of such problems to individual drivers to rectify such problems.
27. National
Dangerous Goods Handling Procedure
All employees shall comply with the agreed National
Dangerous Goods handling procedure. This procedure shall ensure uniformity
exists with respect to the handling of dangerous goods throughout all TNT
Express and operations throughout Australia.
28. Reduction in
Insurance Claims for Vehicles, Equipment and Freight
(A) Insurance
claims for the last 12-month period for damage to vehicles and equipment and
damage to and loss of freight shall be noted as follows.
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$ per month in
Claims
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TNT Express
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Enfield
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Month
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Vehicle
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Equip
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Work Comp
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Damage & Lost
Frt
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July
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Aug
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Sep
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Oct
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Nov
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Dec
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Jan
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Feb
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Mar
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Apr
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May
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June
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(B) It is agreed
that such costs to the business are excessive and that all employees shall perform
their duties in a way which shall minimise insurance claims on vehicles,
equipment and freight and, to ensure this, it is further agreed the following
shall apply:
(1) A minimum of 10
per cent of the existing claims to be noted in subclause (A) of this clause
shall be achieved.
(2) Subject to
paragraph (1) of this subclause, targets month to month shall be set.
(3) Actual results
shall be posted on a monthly basis and/or distributed to all concerned.
(4) Where a claim
is made, each incident shall be examined and a means identified and implemented
to minimise repetition of such claims.
29. Customer Contacts
- Average Contact Rate
TNT Express PUD drivers commit to co-operate with management
initiatives to achieve an average fleet contact rate of 50 contacts per driver
per day in the TNT Express fleet. If the existing system of calculation alters
the contact rate upwards without an actual increase in productivity, the
contact rate shall be increased proportionally to ensure an increase in
productivity, as anticipated by the company, eventuates.
30. Procedures
Relating to Grievances of Individual Employees
The following procedures should be followed when an
individual employee has a grievance:
(A) The employee
must notify (in writing or otherwise) the employee’s immediate supervisor as to
the substance of the grievance, request a meeting with the employee’s immediate
supervisor for discussions and state the remedy sought.
(B) If the
grievance remains unresolved following the meeting requested by the employee,
it shall be the subject of further discussions between the employee and the
employer on a graduated steps basis with the view to a resolution at higher
levels of authority.
(C) Reasonable time
limits must be allowed for discussion at each level of authority.
(D) At the
conclusion of the discussion the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(E) While the
procedure is being followed, normal work must continue.
(F) The employee
shall be represented by a union representative if requested by the employee.
31. Procedures Relating
to Disputes, Etc., Between the Employer and the Employees
(A) Intention - The
employees, the union and the employer undertake to take all necessary steps to
ensure that delegates, officers, officials, employees/union members, executives
and company staff follow the procedure as set out herein, the intention being
that any or all disputes shall be promptly resolved by conciliation in good
faith without work restrictions, bans or stoppages occurring. The parties shall
respectively notify each other as soon as possible of any industrial matter
that might give rise to a dispute.
(B) The Procedure -
(i) In the event
of a dispute or difficulty arising at job level, the union delegate and a
Terminal Operations Supervisor and/or other terminal management shall
immediately confer and shall attempt to resolve the matter without delay.
(ii) If no
agreement is reached, a union organiser shall discuss the matter in dispute
with the Sydney Manager (or nominee) within 24 hours.
(iii) If the matter
in dispute remains unresolved, the New South Wales Manager (or nominee) shall
discuss with a more senior officer of the union (or nominee) within 24 hours.
(iv) If the matter
still remains unresolved, the New South Wales State Manager (or nominee) and/or
industrial relations representative for the company shall meet the Secretary of
the union (or nominee) and discuss the matter within 48 hours. At each
discussion, other employer and union representatives may be in attendance as
required.
(v) If the
foregoing steps fail to resolve the issue within a reasonable time, the matter
in dispute shall be referred by either party to the Industrial Relations
Commission of New South Wales for determination.
(C) Right to Refer
to the Commission - The above steps shall not preclude reference of a dispute
to the Commission at any stage of this procedure if a party believes it
necessary. In these circumstances, the Commission shall retain its discretion
to refer the parties back to a continuation of this procedure where the Commission
considers that course appropriate.
(D) Continuity of
Work - Pending the completion of the procedure set out in this clause, work
shall continue without interruption and all parties agree to use their best
endeavours to ensure that continuation.
(E) Preservation
of Rights - The ultimate terms of settlement of the dispute shall not be
affected in any way, nor shall the rights of any person involved in or affected
by the dispute be prejudiced by the fact that work has continued without
interruption.
(F) Procedures and
Obligations - The procedures and obligations contained herein shall be equally
binding on the parties to this award. The decisions of the Industrial Relations
Commission shall be accepted and adhered to by all parties, subject to their
appeal rights under the Act. Where yard meetings are held, the employer and/or
employer representatives shall be given the opportunity to address the yard and
propose solutions to any matter in dispute.
31a.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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".
32. Special
Circumstances in Relation to Disputes Procedure/Process
The parties acknowledge that the following situations may
give rise to special circumstances in which the procedure/process referred to
in this clause may not be appropriate:
(A) Where there are
safety issues as noted in the Act.
(B) There may be
occasions during the life of this award where The Labor Council of New South
Wales makes a resolution for all unions to engage in general industrial action that
would normally be described as a State-based campaign on a particular
industrial or related issue. When such a resolution direction is given, the TWU
will make every attempt to provide TNT Australia with at least 48 hours notice
of such action. Irrespective of the
contents of this clause, it has always been the policy of TNT Australia and of
the TWU to ensure the supply of blood, emergency medical supplies and other
essential services throughout any process and this commitment is reconfirmed by
the parties to this award.
33. Bulk Vehicles -
Methods of Operation
(A) Operational
procedures will be varied after consultation to ensure bulk vehicles shall
become more productive.
(B) Initiatives
implemented shall be subject to continuous review and monitoring so as to
ensure there is an improvement in required operational outcomes.
(C) Bulk vehicles
shall be loaded, unloaded and processed through the terminal so as to:
(i) increase the
number of trips made by each bulk vehicle (i.e., improve turnaround times);
(ii) increase the
number of contacts made by each bulk vehicle; and/or
(iii) decrease the
number of taxi trucks delivering and/or picking up bulk freight.
(D) The required
operational outcomes to be measured and monitored shall include (but not be
limited to):
(i) start times
in the terminal;
(ii) time taken to
obtain freight notes and other necessary documentation;
(iii) time waiting
in the terminal;
(iv) time loaded;
(v) time of
departure from the terminal;
(vi) arrival time at
the customer;
(vii) time
loaded/unloaded at the customer;
(viii) time delayed
at the customer;
(ix) any
suggestions for reducing time at a customer or in the terminal and improving
bulk vehicle turnaround.
(E) In measuring
the operational outcomes as referred to in subclause (D) of this clause, the
employer will supply simple forms. At the time of the making of this award the
forms required to be detailed by employees are attached (refer to Attachment
7), but will be subject to variation as required only after consultation.
(F) The company
also understands that productivity increases may be hampered by events outside
the control of the bulk drivers and undertakes to make available all reasonable
resources to assist all the operational functions. The persons in the operation
(i.e., dockhands, company drivers and contract carriers) also agree to become
involved in the ongoing review process of these and other relevant operation
procedures in a genuine effort to produce improved results in the overall business.
34. Evacuation
Procedures
It is acknowledged by the parties that the existing
evacuation procedure shall be reviewed. Such a review shall eventuate provided
satisfactory progress is made on the handling of dangerous goods in the
terminal and the establishment of national standards for the pick up, loading,
unloading and delivery of dangerous goods.
35. Monitoring and
Review Process
(A) In the spirit
of the negotiations, both parties agree to monitor progress on an ongoing basis
and to continue to meet on a regular basis.
(B) Should the
variations made to this award prove to be more effective than anticipated, both
parties agree to take these additional improvements into account for future
nominated wage increases.
(C) Similarly, if
the expected productivity gains are not forthcoming, both parties agree to
review the arrangements and participate in change in order to achieve the
desired outcomes.
36. Wage Rates
(A) The rates of pay
shall apply to permanent employees as set out in Table 1 - Wages Drivers, of
Part B, Monetary Rates.
(B) Casual
employees ordinary hourly rates of pay shall be based upon the relevant weekly
rates contained in the said Table 1, divided by 38.
37. No Extra Claims
Commitment
(A)
(i) The Transport
Workers’ Union, New South Wales, agrees on behalf of itself, its officers and
members, that it will not make or pursue any extra claims other than those in
accordance with the terms of the Comet/Kwikasair Interim Agreement dated 21
November 1997 as set out in Attachment 8 of this award.
(ii) Any State
Wage Case, or other award variations, will be absorbed in the increases
provided by this award.
PART B
MONETARY RATES
Table 1 - Wages
Drivers
|
Description
|
Rates as at FFPP on
or
|
|
|
after 1 July 2004
|
|
|
Per Week $
|
|
Transport Worker Grade One
|
586.38
|
|
Transport Worker Grade Two
|
606.86
|
|
Transport Worker Grade Three
|
621.06
|
|
Transport Worker Grade Four
|
633.43
|
|
Transport Worker Grade Five
|
665.28
|
|
Transport Worker Grade Six
|
673.26
|
|
Transport Worker Grade Seven
|
697.58
|
|
Transport Worker Grade Eight
|
747.06
|
PART B
Attachment 1
Our Vision - "To be partners in Australia’s most professional
and successful National Express Freight Network".
Our Core Business - Time-certain freight distribution.
Our Commitment -
Recognise genuine excellence results only from genuine
competition.
Deliver intact, on time, every time.
Provide effective logistic solutions.
Provide simplicity and accuracy in administration.
Develop long-term customer relationships.
Our Culture -
Recruit, train and develop our people to ensure they are the
best in the industry.
Focus on our specific objectives and standards.
Concentrated and economic application of all resources.
Flexibility in all areas of our business.
Deal fairly with everyone we come in contact with.
Promote the highest levels of team work, co-operation and
morale.
Maintain a universal awareness that our business will
prosper and our clients will benefit from our attitudes to SERVICE, YIELD,
CONTROL OF COSTS, OPTIMUM VOLUME.
Support appropriate community projects and objectives.
The Result -
Our customers gain competitive advantage from our services.
Our employees develop their skill and careers in a
challenging and rewarding environment.
We achieve earnings, growth and increased capital value.
Vision - To be partners in Australia’s most professional and
successful National Express Freight Network.
Values -
Excellence through competition.
Long-term customer partnerships.
Exceeding the customer’s expectations.
Dealing fairly with everyone.
Develop our people to be the best in the industry.
Recognise and reward performance.
Simple processes and procedures.
Continuous improvement.
Appropriate benefits to shareholders.
Code of Conduct -
Being open and honest with each other.
Team above self-interest.
Absolute support for each other.
Share our knowledge.
Lead by example.
Seek and provide help when needed.
Respond to requests promptly.
Support the organisation’s philosophies and objectives.
Resolve conflicts quickly.
Communicate effectively.
Behaviours -
Focus on joint standards and objectives.
Practice the Syco philosophy.
Being flexible.
Building teamwork, co-operation and morale.
Adhering to disciplines and procedures.
Open communication and willing participation.
Respect our customers and improve our relationships with
them.
Use and share our resources effectively and efficiently.
Attachment 2
TNT Fleet
Management
Vehicle Defect
Booking Card Date:
|
1
|
|
|
2
|
|
|
3
|
|
|
4
|
|
|
5
|
|
|
6
|
|
|
7
|
|
|
8
|
|
|
9
|
|
|
10
|
|
|
|
|
TNT
Fleet Management reserves the right to retain any vehicle offered for repair
until full payment is
|
|
made. There is no warranty on parts supplied by the
owner of the vehicle. No credit will be given
|
|
except
in the case of authorised accounts. I agree with the above.
|
|
Signed
|
|
|
Attachment 3
(The procedures contained in the Attachment are subject to variation
as required after consultation with employee representatives.)
For the standard procedures of duties, see the schedule of
the award attached to the decision dated 14 December 1995 in Matter No. 1263 of
1995.