EASTERN DISTRIBUTOR ETU CONSENT AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, industrial organisation of employers and a State peak council for
employers.
(No. IRC 2323 of 2003)
Before The Honourable
Justice Kavanagh
|
23 July 2003
|
AWARD
CONTENTS
Clause No. Subject Matter
1. Title
2. Date of
Operation
3. Joint
Statement
4. Interaction
Between Part a of this Award and Part B of This Award
5. No Duress
6. No Extra
Claims
PART A
Ordinary Working
Arrangements
1. Title
2. Commencement
3. Introduction
4. Commitment
5. Contract
of Employment
6. Duties
7. Hours of
Work and Entitlements
8. Overtime
9. Rest
Pauses
10. Paid Meal
Break
11. Wage
Increases
12. Electronic
Funds Transfer
13. Restrictive
Work Practices
14. Technological
Change
15. Superannuation
16. Annual
Leave
17. Sick Leave
18. Long
Service Leave
19. Jury
Service
20. Personal/Carer's
Leave
21. Parental
Leave
22. Bereavement
Leave
23. Occupational
Health And Safety
24. Clothing
25. Medical
Examinations
26. Training
27. Alcohol
and other Drugs
28. Probationary
Period
29. Unions
Procedure
30. Dispute
Settlement Procedures
31. Anti-Discrimination
PART B
Flexible (12 Hour)
Shift Arrangements
1. Title
2. Commencement
3. Introduction
4. Commitment
5. Contract
of Employment
6. Duties
7. Hours of
Work and Entitlements
8. Overtime
9. Rest
Pauses
10. Paid Meal
Break
11. Wage
Increases
12. Electronic
Funds Transfer
13. Restrictive
Work Practices
14. Technological
Change
15. Superannuation
16. Annual
Leave
17. Sick Leave
18. Long
Service Leave
19. Jury
Service
20. Personal/Carer's
Leave
21. Parental
Leave
22. Bereavement
Leave
23. Occupational
Health and Safety
24. Clothing
25. Medical
Examinations
26. Training
27. Alcohol
and other Drugs
28. Probationary
Period
29. Unions
Procedure
30. Dispute
Settlement Procedures
31. Anti-Discrimination
APPENDIX A - Ordinary
Rates of Pay
1.
Title
The short title of this Consent Award shall be the 'Eastern
Distributor ETU Consent Award 2002' ('Award').
2.
Date of Operation
2.1 This Award
shall commence on 1 October 2002. Its nominal term will be three years.
2.2 This Award
rescinds and replaces the former Eastern Distributor Consent (State) Award published
18 January 2002 (330 I.G. 953). Part A of this Award applies to Electronics
Technicians whose employment was formerly regulated by the former Eastern
Distributor Consent (State) Award. Part B of this Award applies to Electronics
Technicians whose employment was formerly regulated by the Eastern Distributor
Flexible Shift Agreement.
2.3 The
predecessor to this Award was reviewed pursuant to Section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of NSW on 18 December, 1998 (308 IG.
307). The changes made arising from the
Review took effect on 1 May 2001.
3.
Joint Statement
3.1 This Award is
between Leighton Contractors Pty Limited ('Employer'), and the Electrical
Trades Union of Australia New South Wales Branch, (the 'Union'), acting on
behalf of the employees employed under this Award, who are eligible to be
members of the Union and who are engaged to work on the Eastern Distributor.
3.2 This Award
shall apply to the employment by the Employer of employees classified as
Electronics Technician required for the operations and maintenance work
associated with the Eastern Distributor.
4.
Interaction Between Part A of this Award and Part B of this Award
4.1 Part A and
Part B of this Award are independent of each other. Each Part, when read together with this Introduction and Appendix
A, sets out exclusively the terms and conditions of employees to whom that Part
applies. Only one of either Part A or Part
B of this Award will apply, at any particular time, to an employee employed
under this Award.
Despite this, certain clauses of Part A of this Award
are incorporated by reference, with some modifications, into Part B. However, unless expressly incorporated by
reference, no clause of Part A will apply to an employee to whom Part B
applies, and vice versa.
4.2 Part A of this
Award applies to:
those employees engaged to work as Electronics
Technicians as Day Work Employees (as defined in Part A);
and those employees engaged to work as Electronics
Technicians as Casual Employees (as defined in Part A).
Part B of this Award applies to full-time and part-time
employees engaged to work as Electronics Technicians on shift work. The Employer reserves the right to engage
permanent employees of these classifications to work Day Work (as that term is
defined by Part A) under the terms of Part A.
4.3 If the
Employer no longer requires an employee of one of these classifications to work
Day Work (as that term is defined by Part A of this Award) under Part A, the
employee may be directed by the Employer to commence Shift Work (as that term
is defined by Part B), and therefore, from the date that the employee commences
Shift Work, Part B will apply to the employee.
Further, if the Employer and an employee to whom Part B
of this Award applies agree, the employee may cease Shift Work (as that term is
defined by Part B) and work Day Work (as defined by Part A), in which case Part
A shall apply to the employee. If there
is no agreement, the Employee shall continue to be engaged according to the
terms of Part B.
5.
No Duress
The parties declare that this Award was not entered into
under any duress.
6.
No Extra Claims
Neither the Union,
nor any employee employed under this Award, shall make any claim against the
Employer for any increase in rates of pay or allowances or make any other claim
during the life of the Award.
PART A - ORDINARY WORKING ARRANGEMENTS
1.
Title
The short title of this part of the Award shall be Part A.
2.
Commencement
Part A shall apply to employees engaged under its terms from
the date that the Award commences.
3.
Introduction
3.1 Definitions
'Afternoon Shift' means a Shift which starts between
1.00pm and 9.00pm.
'Award' means the Eastern Distributor ETU Consent Award
2002.
'Casual Employee' means an Employee who is employed and
paid by the hour with a minimum guarantee of 3 hours work each Shift and whose
employment terminates at the end of each Shift.
'Client' means the company to which the Employer
contracts to operate and maintain the Eastern Distributor.
'Continuous Shift Work' means work undertaken on the
basis of a continuous rotating Shift Roster.
'Continuous Shift Work Employee' means a Full Time or
Part Time Employee engaged to work or working Continuous Shift Work.
'Control Centre' means the Eastern Distributor
operation, maintenance and administration building located at 43 Bourke Street,
Woolloomooloo.
'Day Shift' means a Shift that starts between 5.00am
and 1.00pm.
'Day Work' means work undertaken between the hours of
6.00am and 6.00pm Monday to Friday that is not part of a Shift Roster.
'Day Work Employee' means an Employee who works Day
Work.
'Eastern Distributor' means the motorway from the
Cahill Expressway near the Domain Tunnel, to Southern Cross Drive near Link
Road, Rosebery and the areas adjacent nominated as 'Maintenance Areas' in the
contract between the Client and the Employer.
'Electronics Technician' means an Employee whose duties
are defined in Clause 6.1
'Employee' means a person engaged by the Employer under
the terms of this Part A for the job classifications covered by this Part A and
includes Full Time, Part Time and Casual Employees.
'Employer' means Leighton Contractors Pty Limited.
'Full Time Employee' means an Employee employed to work
an average of thirty eight hours per week.
'Holiday' means the Union's Picnic Day, being the first
Monday in December of each year or any other date agreed between the Union and the
Employer (provided that a picnic is held) and the following Public Holidays and
any other Public Holiday proclaimed under the relevant legislation from time to
time.
New Year's Day
|
Anzac Day
|
Australia Day
|
Queen's Birthday
|
Good Friday
|
Labour Day
|
Easter Saturday
|
Christmas Day
|
Easter Monday
|
Boxing Day
|
'Motorway Manager' means the person appointed by the
Employer to manage the operation and maintenance of the Eastern Distributor.
'Night Shift' means a Shift which starts between 9.00pm
and 5.00am.
'Ordinary Hours' means hours which form part of the
Ordinary Weekly Hours and which are paid at the Ordinary Time Rate of Pay.
'Ordinary Weekly Hours' means for:
(a) Day Work
Employees who are:
(i) Full Time -
38 hours per week to be worked 7.6 hours per day (not including any Paid Meal
Break) Monday to Friday inclusive between 6.00am and 6.00pm; or
(ii) Part Time -
An amount of regular hours between 15 and 37 hours per week to be worked
between 3 and 7.6 hours per day (not including any Paid Meal Break) Monday to
Friday inclusive between 6.00am and 6.00pm; and
(b) Shift Work or
Continuous Shift Work Employees who are:
(i) Full Time -
38 hours per week when averaged over the Shift Roster Cycle to be worked 7.6
hours per Shift (not including any Paid Meal Break); or
(ii) Part Time -
An amount of regular hours between 15 and 37 hours per week to be worked
between 3 and 7.6 hours per Shift (not including any Paid Meal Break).
'Ordinary Time Rate of Pay' means the hourly rate of
pay for each classification as set out in 'Appendix A'.
'Overtime' means hours worked by an Employee in excess
of 7.6 Ordinary Hours per day (for Day Work), or 7.6 Ordinary Hours per Shift
(for Shift Work and Continuous Shift Work), as the case may be.
'Paid Meal Break' means a break taken in accordance
with clauses 10.1 and 10.2 of this Part A that does not form part of an
Employee's Ordinary Hours or Ordinary Weekly Hours and is paid in accordance
with clauses 10.3 and 10.4.
'Parties' means the Employer, the Union and the
Employees.
'Part Time Employee' means an Employee employed on a
part-time basis as defined in Clause 7 of this Part A.
'Premises' means all the land on which the Eastern
Distributor is located.
'Redundancy' occurs when an Employee's position ceases
to exist and may be caused by a variety of reasons, including, among others,
technological change, loss of business or economic downturn.
'Roster' means a schedule determining the hours of work
of Full Time, Part Time or Casual Employees whether Day Work Employees, Shift
Work Employees or Continuous Shift Work Employees.
'Shift' means the work hours of a Full Time, Part Time
or Casual Employee in any one day.
'Shift Roster' means a schedule determining the hours
of work of Shift Work Employees or a schedule determining the hours of work of
Continuous Shift Work Employees, as the case requires.
'Shift Roster Cycle' means the period over which a
Shift Work Employee or a Continuous Shift Work Employee completes one full
cycle of Shift Work or Continuous Shift Work, respectively.
'Shift Work' means work regulated by a Shift Roster
that is not Continuous Shift Work.
'Shift Work Employee' means a Full Time, Part Time or
Casual Employee engaged to work or working Shift Work.
'Supervisor' means a person engaged by the Employer on
a salary basis to supervise the work of Employees.
'Union' means the Electrical Trades Union of Australia
New South Wales Branch.
3.2 Location
The Employees will be based at the Control Centre or at
other locations on or adjacent to the Eastern Distributor as required by the
Employer from time to time.
3.3 Aims
The Parties have agreed to work together to develop a
committed and skilled work force that is focused on high productivity and safe
working conditions.
In particular the Parties have agreed to the following
specific objectives:
(a) to provide a
safe and healthy work place, adhere to and regard as a minimum standard State
or National Occupational Health and Safety Standards and Codes of Practice;
(b) to empower
individuals to make and be accountable for decisions;
(c) to promote a
strong emphasis on teamwork;
(d) to encourage
innovative action by Employees;
(e) to focus on
the long term satisfaction of the Client and improvement of the quality of
service to the public;
(f) to provide
and maintain effective communication and genuine consultation between the
Parties;
(g) to provide
appropriate training to Employees;
(h) to ensure that
the Eastern Distributor remains open and tolls are collected 24 hours per day,
each day of the year.
4.
Commitment
The Parties are committed to ensuring that:
(a) this Part A
leads to real gains in productivity and workplace efficiencies, without any
reduction in health and safety standards;
(b) all
requirements of this Part A and the Award are observed;
(c) no further
increases or decreases in any conditions, including but not limited to rates of
pay, to those provided for in this Part A will be claimed or paid during the
life of this Part A;
(d) stoppages of
work or other forms of industrial action will not occur at any time.
5.
Contract of Employment
5.1 Each Employee
shall be employed on either a full-time, part-time or casual basis under the
following classification:
Electronics Technician
Full-time and Part-time Employees employed in the
classification of Electronics Technician will not work Shift Work or Continuous
Shift Work under the terms of this Part A.
Part B of this Award contains the terms which apply to full-time and
part-time employees of these classifications who do not work Day Work.
Full-time and Part-time Employees will be given a
minimum period of notice for termination as specified in the Workplace
Relations Act 1996.
An Employee's employment may be terminated by the
Employer without notice for serious and wilful misconduct. In such circumstances wages shall only be
paid up to the time of dismissal.
The Employer may deduct payment for any Shift or part
thereof where an Employee is absent from duty without reasonable cause.
5.2 It is a
fundamental requirement of employment that Employees have to deal with the
public and provide friendly, courteous service at all times. Employees shall be
required to present a neat appearance to the public at all times and to be
punctual and diligent in commencing times for shifts.
5.3 Continuous
Shift Work Employees and Shift Work Employees will be required to work regularly
on Saturdays, Sundays and Holidays to cover all operations of the Eastern
Distributor twenty four hours per day, seven days per week, fifty two weeks per
year.
5.4 All Employees
may be required to work a reasonable amount of Overtime from time to time as
directed by the Motorway Manager to meet the demands for the operation and
maintenance of the Eastern Distributor.
5.5 Electronics
Technicians will be subject to video surveillance from time to time.
5.6 Redundancy
Clause 5.6 shall not apply to Casual Employees.
In the event of an Employee's position becoming
redundant, the Employer will apply the Employment Protection Act 1982
(NSW) as amended from time to time.
The Employment Protection Act provides for the
following scale of severance payments in respect of a continuous period of
service:
(a) If an Employee
is under 45 years of age, the Employer shall pay in accordance with the
following scale:
Years of Service
|
Under
45 Years of Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4
Weeks Pay
|
2 years and less than 3 years
|
7
Weeks Pay
|
3 years and less than 4 years
|
10
Weeks Pay
|
4 years and less than 5 years
|
12
Weeks Pay
|
5 years and less than 6 years
|
14
Weeks Pay
|
6 years and over
|
16
Weeks Pay
|
(b) Where an
Employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45
Years of Age and Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5
Weeks Pay
|
2 years and less than 3 years
|
8.75
Weeks Pay
|
3 years and less than 4 years
|
12.5
Weeks Pay
|
4 years and less than 5 years
|
15
Weeks Pay
|
5 years and less than 6 years
|
17.5
Weeks Pay
|
6 years and over
|
20
Weeks Pay
|
In this clause, "Weeks Pay" means:
(i) for a Full
Time Employee, the applicable Ordinary Weekly Rate of Pay for the Employee's
classification as set out in "Appendix A" at the date of termination;
and
(ii) for a Part
Time Employee, the amount equal to the Part Time Employee's Ordinary Weekly
Hours multiplied by the applicable Ordinary Hourly Rate of Pay for the
Employee's classification as set out in "Appendix A" at the date of
termination.
6.
Duties
6.1 Electronics
Technician
The duties of an Electronics Technician include, but
are not limited to:
conducting routine maintenance, inspection and
reporting on electrical and mechanical equipment, including tolling equipment;
calibration and setting up of equipment and
instrumentation;
other maintenance duties as directed;
monitoring and operation of Motorway control systems;
attendance at emergencies and incidents as directed:
advising and directing drivers and other persons in
matters relating to traffic movements; and
other duties within the Employee’s skills and training
as directed.
6.2 High Voltage
Accreditation Allowance
An Electronics Technician with High Voltage
Accreditation shall be paid an allowance of an additional $0.50 per hour. This allowance shall only be paid for hours
worked and will not attract any penalty or premium. This allowance shall not be increased during the life of this
Award.
7.
Hours of Work and Entitlements
Most Employees will normally be engaged on Shift Work or Continuous
Shift Work (except for Employees employed as Electronics Technicians pursuant
to Part B of this Award), but may be required to work Day Work from time to
time. The Motorway Manager shall
determine the starting and finishing times for all Employees.
For the purposes of determining the application of shift
allowances and allowances for work on Saturday, Sunday and Holidays the
following shall apply:
(i) Saturday
commences at midnight Friday night and finishes midnight Saturday night;
(ii) Sunday
commences at midnight Saturday night and finishes midnight Sunday night; and
(iii) A Holiday
commences at midnight the day immediately preceding the Holiday and finishes at
midnight on the Holiday.
A Roster may vary from time to time but any changes to
the Roster will be notified to the relevant Employees at least 7 days in
advance.
Employees shall be available for work for all Shifts,
which they are rostered to work and shall perform all necessary duties in each
Shift.
When a Continuous Shift Work Employee or Shift Work
Employee (not including Casual Employees) is not rostered to work on a Holiday,
the Employee shall receive, in the Employer’s discretion, either an additional
7.6 hours’ wages (calculated at the applicable Ordinary Time Rate of Pay) or
the equivalent amount of time off work (paid at the applicable Ordinary Time
Rate of Pay). Where the Employee is a
Part-Time Employee, the Employee will receive the equivalent pro-rata benefit
(calculated according to the formula in clause 7B).
Shift changes for Electronics Technicians shall take
place in the Control Centre. In the
event of the on-coming Employee not reporting for duty at the normal Shift
change-over time, the off-going Employee shall remain on duty until relieved.
Where an Employee is both:
(a) After the
expiration of their Shift finishing time; and
(b) After leaving
the Employer’s premises,
recalled to work without prior notice the Employee
shall be paid at the appropriate rate set out in either clause 8.1 (Day Work
Employees) or clause 8.2 (Shift Work Employees and Continuous Shift Work
Employees) of this Part A.
An Employee recalled to work in this way shall be paid
at that rate for a minimum of 3 hours work.
First Aid Allowance
(i) An Employee who
has a current senior first aid certificate shall be entitled to an allowance of
$0.25 per hour worked, and this allowance shall not attract any penalty or
premium.
This Allowance shall increase by the same percentage
and at the same times as specified for wage increases in clause 11 of Part A,
i.e. the first increase to the quantum defined in (i) above shall apply from 1
October 2002.
A. Full Time
Employees
Each Full Time Employee shall work Ordinary Weekly
Hours.
(i) Day Work
The Ordinary Hours of a Full Time Employee on Day Work
shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
Overtime worked by a Full Time Employee on Day Work
shall be paid at the rate set out in clause 8.1 of this Part A.
(ii) Shift Work
and Continuous Shift Work
The Ordinary Hours of a Full Time Employee on Shift
Work or Continuous Shift Work shall be paid at the applicable Ordinary Time
Rate of Pay for the Employee's classification.
(a) Monday to
Friday
A Full Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours worked
between Monday and Friday:
Day Shift - Nil
Afternoon Shift - 17.5% of the Ordinary Time Rate of
Pay
Night Shift - 20% of the Ordinary Time Rate of Pay
(b) Saturday,
Sunday and Holidays
A Full Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours (and, if
applicable and subject to paragraph (d) below, for Overtime), worked on
Saturday, Sunday or Holidays:
Saturday - 50% of the Ordinary Time Rate of Pay
Sunday - 100% of the Ordinary Time Rate of Pay
Holidays - 150% of the Ordinary Time Rate of Pay
The shift allowances for hours of work worked by a
Full-Time Employee on Shift Work or Continuous Shift Work on Saturday, Sunday
or Holidays shall only apply to that part of a Shift actually worked on a
Saturday, Sunday or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee on Night Shift which commences at 10.00pm
on a Friday night and finishes at 6.06am on a Saturday morning will only be
entitled to:
The Night Shift Allowance under paragraph (a) above,
but only for those hours worked up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee on an Afternoon Shift which commences at
6.00pm Saturday and finishes at 2.06am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee on a Night Shift which commences at 11.00pm
on a Holiday and finishes at 7.06am the next day (which is not a Saturday,
Sunday or Holiday) will only be entitled to:
The Holiday allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Shift Allowance, but only for those hours
worked after 12 midnight.
(d) Overtime
Overtime worked by a Full Time Employee on Shift Work
and Continuous Shift Work shall be paid at the rate set out in Clause 8.2 of
this Part A.
An Employee is not entitled to both a shift allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime penalty. The Employee shall be paid the higher
of an applicable shift allowance or Overtime penalty.
Example 1
(NOTE: In the following examples any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee who works a Shift from 10.00pm on Friday
Night to 9.06am Saturday morning shall only be entitled to:
The Night Shift Allowance, but only for those hours
worked up to midnight;
The Saturday Shift Allowance, but only for those hours
worked from midnight to 6.06am Saturday morning;
The Overtime rate (time and a half) in respect of the
first two hours of overtime worked, that is, from 6.06am up until 8.06am; and
The Overtime rate (double time) in respect of overtime
hours in excess of two hours overtime, that is, from 8.06am up until 9.06am.
Example 2
An Employee who works a Shift from 10.00pm on Saturday
Night to 8.06am Sunday morning shall only be entitled to:
The Saturday Shift Allowance, but only for those hours
worked up to midnight;
The Sunday Shift Allowance for the remainder of the
hours worked, even though the Employee is working 2 hours of overtime. This is because the Overtime rate is
calculated by reference to the earnings the Employee receives under normal
working conditions on a Sunday, which is the Ordinary Time Rate of Pay + 100%,
which is higher than the normal Overtime rate of time and a half, and an
Employee is entitled to the higher rate.
B. Part Time
Employees
A Part Time Employee is an Employee, other than a Full
Time Employee or a Casual Employee, engaged to work regular hours each week in
accordance with a Roster with a minimum engagement of 15 hours per week and a
maximum engagement of 37 hours per week.
The Ordinary Hours of a Part Time Employee shall be
worked continuously, excluding any Paid Meal Break, and shall not be less than
3 or more than 7.6 hours.
A Part Time Employee may work Day Work, Shift Work or
Continuous Shift Work.
A Roster for a Part Time Employee shall set out the
days and the starting and ceasing times the Part Time Employee works each week
or as otherwise arranged by mutual agreement.
A Part Time Employee shall be entitled to sick leave,
jury service, bereavement leave and parental leave on a pro-rata basis
calculated as follows:
Part Time
Employee's
|
|
Part Time Employee's
|
|
Equivalent Full Time
|
Entitlement
|
=
|
Ordinary Weekly Hours
|
x
|
Employee's Entitlement
|
|
|
38
|
|
|
(i) Day Work
The Ordinary Hours of a Part Time Employee on Day Work
shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
Overtime worked by a Part Time Employee on Day Work,
being work in excess of 7.6 hours in a day, shall be paid at the rate set out
in Clause 8.1 of this Part A.
(ii) Shift Work
and Continuous Shift Work
The Ordinary Hours of a Part Time Employee on Shift
Work or Continuous Shift Work shall be paid at the applicable Ordinary Time Rate
of Pay for the Employee's classification.
(a) Monday to
Friday
A Part Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours worked
between Monday and Friday:
Day Shift - Nil
Afternoon Shift - 17.5% of the Ordinary Time Rate of
Pay
Night Shift - 20% of the Ordinary Time Rate of Pay
(b) Saturday,
Sunday and Holidays
A Part Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours (and, if
applicable and subject to paragraph (d) below, for Overtime), worked on
Saturday, Sunday or Holidays:
Saturday - 50%
of the Ordinary Time Rate of Pay
Sunday - 100% of the Ordinary Time Rate of Pay
Holidays - 150% of the Ordinary Time Rate of Pay
The shift allowances for hours of work worked by a Part
Time Employee on Shift Work or Continuous Shift Work on Saturday, Sunday or
Holidays shall only apply to that part of a Shift actually worked on a
Saturday, Sunday or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee on Night Shift which commences at 10.00pm
on a Friday night and finishes at 4.00am on a Saturday morning will only be
entitled to:
The Night Shift Allowance under paragraph (a) above,
but only for those hours worked up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee on an Afternoon Shift which commences at
6.00pm Saturday and finishes at 1.00am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee on a Night Shift which commences at 11.00pm
on a Holiday and finishes at 3.00am the next day (which is not a Saturday, Sunday
or Holiday) will only be entitled to:
The Holiday allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Shift Allowance, but only for those hours
worked after 12 midnight.
(d) Overtime
Overtime worked by a Part Time Employee on Shift Work
and Continuous Shift Work, being work in excess of 7.6 hours per Shift, shall
be paid at the rate set out in clause 8.2 of this Part A.
An Employee is not entitled to both a shift allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime penalty. The Employee shall be paid the higher
of an applicable shift allowance or Overtime penalty.
C. Casual
Employees
Subject to paragraph (d) below, all hours worked by a
Casual Employee shall be paid at the applicable Ordinary Time Rate of Pay for
the Employee's classification.
A Casual Employee must be available for work on call at
the discretion of the Motorway Manager.
A Casual Employee shall be provided with a minimum of 3
hours work on each Shift.
Loading, Allowances and Penalties
(a) A Casual
Employee shall be paid a casual loading of 20% of the Ordinary Time Rate of Pay
for all hours worked, which is in lieu of sick leave, bereavement leave etc.
(b) Subject to
paragraph (e) below, a Casual Employee shall be paid the following shift
allowances for Shifts worked between Monday to Friday:
Where a Shift commences between 1.00pm and 9.00pm, and
does not finish before 6.00pm - 17.5% of the Ordinary Time Rate of Pay; and
Where a Shift commences between 9.00pm and 5.00am - 20%
of the Ordinary Time Rate of Pay
(c) Subject to
paragraph (e) below, a Casual Employee shall be paid the following shift
allowances for all hours worked on a Saturday, Sunday or Holiday:
Saturday - 50% of the Ordinary Time Rate of Pay;
Sunday - 100% of the Ordinary Time Rate of Pay; and
Holiday - 150% of the Ordinary Time Rate of Pay.
(d) Subject to paragraph
(e) below, hours worked by a Casual Employee in excess of 7.6 hours in a Shift
(not including any Paid Meal Break) shall be considered overtime and shall be
paid at the rate (calculated on the applicable Ordinary Time Rate of Pay for
the Employee's classification) prescribed in Clause 8.2 - Overtime.
(e) In calculating
wages for a Casual Employee:
The Loading, Allowances and Penalties in (a) - (d)
above are paid in addition to the Employee's applicable Ordinary Time Rate of
Pay.
The allowances and penalties in (b), (c) and (d) above
shall not be included for the purposes of the calculation of the loading in (a)
above;
The shift allowances under (b) and (c) are not
cumulative.
A Casual Employee is not entitled to both a shift
allowance under (b) or (c) above and the Overtime penalty in (d) above. The Casual Employee shall be paid the higher
of an applicable shift allowance or Overtime penalty.
Example
A Casual Employee who works a Shift from 10.00pm Sunday
to 8.06am Monday (and takes a Paid Meal Break in the middle of the Shift) will
be entitled to the following:
The Ordinary Time Rate of Pay multiplied by 9.6 (the
number of hours worked by the Casual Employee); plus
20% of the Ordinary Time Rate of Pay multiplied by 9.6
(the Casual Loading for the number of hours worked by the Casual Employee);
plus
A Shift Allowance of 100% of the Ordinary Time Rate of
Pay for those hours worked up to midnight on Sunday night (the Sunday
Allowance); plus
A Shift Allowance of 20% of the Ordinary Time Rate of
Pay for those hours worked (which do not include the Paid Meal Break) between
midnight and 6.06am Monday morning (the Night Shift Allowance); plus
A Penalty of 50% of the Ordinary Time Rate of Pay for those
Overtime hours worked between 6.06am and 8.06am (the applicable Overtime
Penalty); plus
The Ordinary Time Rate of Pay multiplied by time and a
half (the payment for the Paid Meal Break).
8.
Overtime
8.1 Full Time and
Part Time Employees on Day Work required to work Overtime shall be paid at the
rate of time and a half for the first two hours and double time thereafter,
calculated using the Employee's applicable Ordinary Time Rate of Pay.
8.2 Full Time and
Part Time Employees on Shift Work or Continuous Shift Work required to work
Overtime shall be paid:
(a) at the rate of
time and a half for the first two hours and double time thereafter, calculated
using the Employee’s applicable Ordinary Time Rate of Pay; or
(b) at the
Employee’s applicable Ordinary Time Rate of Pay plus any applicable shift
allowance.
whichever is the greater.
8.3 Where Overtime
is necessary it shall, wherever reasonably practicable, be so arranged such
that Employees have at least ten consecutive hours off duty between Shifts. An
Employee who works overtime following the cessation of his/her normal work on
one day and who has not had at least ten consecutive hours off duty between
cessation of the overtime and the commencement of his/her next Shift, shall,
subject to this clause, be released after completion of such overtime and not
be required to report back to work until the employee has had ten consecutive
hours off duty. An employee required to take time off duty to ensure compliance
with this clause will be permitted to do so without loss of pay.
8.4 If, on the
instruction of the Employer, such an Employee resumes work without having had
ten consecutive hours off duty between Shifts, he/she shall then be paid at
double time until he/she is released from duty for that period and he/she shall
then be entitled to be absent until he/she has ten consecutive hours off duty,
without loss of pay.
8.5 The subclauses
8.1, 8.2 and 8.4 shall not apply when the time worked is by an arrangement
between the Employees themselves, or when the rotation of Shifts (eg. Afternoon
Shift to Night Shift) has necessitated work in excess of the Ordinary Hours as
part of a revised Shift Roster.
8.6 Employees may
be required to work a reasonable amount of Overtime under the terms of this
Part A.
8.7 Meal Allowance
Employees who are required to work more than one and
one half hours overtime immediately after normal ceasing time and who have not
had at least 24 hours notice of the requirement to work such overtime shall be
paid a meal allowance of $12.00.
9.
Rest Pauses
9.1 Employees who
work a minimum of four consecutive hours on any day shall be entitled to a rest
pause of ten minutes duration without loss of pay during the first four hours. Such
rest pause shall be taken at such times as will not interfere with the
continuity of work where continuity in the opinion of the employer is
necessary.
9.2 In order to
meet the requirements of the operation or maintenance of the Eastern
Distributor, the employer may direct an employee to return to work if the
employee is taking a rest pause in accordance with clause 9.1. Should the
employer give such a direction to the employee, the employee shall be entitled
to another rest pause in accordance with clause 9.1, but only for the length of
time equal to that part of the rest pause which the employee did not receive
because of the direction of the Employer.
10.
Paid Meal Break
10.1 Employees who
work more than five continuous hours shall be entitled to a paid meal break of
thirty minutes, to be taken approximately mid-way through their work period on
either day or shift hours of work. However, the time of taking the paid meal
break may be varied at any time to meet the requirements of the operation and maintenance
of the eastern distributor.
10.2 In order to
meet the requirements of the operation or maintenance of the Eastern
Distributor, the employer may direct an employee to return to work if the
employee is taking a paid meal break.
Should the employer give such a direction to the employee, the employee
shall be entitled to another paid meal break in accordance with clause 10.1,
but only for the length of time equal to that part of the paid meal break which
the employee did not receive because of the direction of the employer.
10.3 In recognition
of the fact that an employee may be recalled to work during their paid meal
break, an employee shall be paid at time and a half of the ordinary time rate
of pay for that employee's classification during a paid meal break.
10.4 Despite clause
10.3, the paid meal break shall not:
(a) form part of
the ordinary hours or ordinary weekly hours of an employee;
(b) be included
for the purposes of calculating overtime; and
(c) entitle the
Employee to receive any allowance or penalty in respect of the paid meal break
apart from that referred to in clause 10.3.
11.
Wage Increases
This Award contains provision for wage increases of a 4%
increase operative from the first full pay period to commence on or after 1/10/02,
a 2% increase operative from the first full pay period to commence on or after
1/10/03, a 2% increase operative from the first full pay period to commence on
or after 1/4/04, a 2.5% increase operative from the first full pay period to
commence on or after 1/10/04 and a 2.5% increase operative from the first full
pay period to commence on or after 1/4/05 as defined in "Appendix A".
12.
Electronic Funds Transfer
All wages will be paid by means of electronic funds transfer
into a bank account designated by each Employee. Bank charges are the
responsibility of each Employee having been taken into account in setting rates
of pay prescribed in this Award.
13.
Restrictive Work Practices
It shall be a key function of all Employees in conjunction
with the Motorway Manager to:
(a) formulate an
action plan aimed at the elimination of any restrictive work practice; and
(b) carry out the
action so planned.
14.
Technological Change
The Parties accept that during the life of this Part A it
may be necessary for the Employer to implement technological change. If this
situation arises, employees will be kept informed of proposed changes.
15.
Superannuation
The Employer shall pay the Trustee of the Australian Public
Superannuation Fund, on behalf of each Employee, a contribution of an amount as
prescribed by the Superannuation Guarantee Administration Act, from time
to time. Contributions shall be payable
from the date of the commencement of employment of the Employee with the Employer. Contributions shall be paid into the (APS)
Fund on a monthly basis.
16.
Annual Leave
16.1 Full Time and
Part Time Employees
(a) Except as
provided by this clause 16, the Annual Holidays Act 1944 (NSW) ('Act'),
or any act which replaces the Act, each as amended, shall apply.
(b) Where a Shift
Work Employee or a Continuous Shift Work Employee takes a period of annual
leave, any Saturdays and Sundays falling within that period shall be treated as
normal working days for the purposes of calculating the Employee's entitlement
to annual leave.
(c) Where an
Employee takes a period of annual leave and a Holiday falls within that period,
the Holiday shall not be included as part of the period of annual leave.
(d) In addition to
their entitlement to a period of leave under the Act, a Full Time or Part Time
Employee who is a seven day shift worker, that is, an Employee who is required
under the Shift Roster to work regularly on Sundays and Holidays, shall be
allowed one week's leave, payable in accordance with this clause. However, if a Full Time or Part Time
Employee has only served a portion of the year of employment as a seven day
shift worker, this additional leave shall be one day for every thirty-six
Shifts worked as a seven day shift worker.
(e) Except as
provided by paragraph (f) below, a Full Time or Part Time Employee will be
entitled to the following payments while on a period of annual leave as
provided by this clause 16:
(i) the
Employee's Ordinary Weekly Pay for each week that the Employee is on a period
of annual leave; and
(ii) all shift
allowances (including Saturday and Sunday but not including Holiday shift
allowances) calculated in accordance with clause 7 which the Employee would
have been entitled to receive if they had worked during the period for which
annual leave has been taken.
(f) Despite
paragraph (e) above, if an Employee has at least 12 months continuous service,
the Employee shall be entitled to the following payments upon taking a period
of Annual Leave:
(i) the Employee's
Ordinary Weekly Pay for each week that the Employee is on a period of annual
leave; and
(ii) the greater
of:
(a) all shift
allowances (including Saturday and Sunday but not including Holiday shift
allowances) calculated in accordance with clause 7 which the Employee would
have been entitled to receive if they had worked during the period for which
annual leave has been taken; or
(b) an Annual
Leave Loading of 17.5% of the Employee's Ordinary Weekly Pay for each week that
the Employee is on a period of annual leave.
(g) Where the
employment of an Employee is terminated by the Employer for a reason other than
malingering, inefficiency, neglect of duty, misconduct or misappropriation, and
at the time of the termination the Employee has not been given, and has not
taken, the whole of the annual leave to which the Employee has become entitled,
the Employee shall be paid a loading calculated in accordance with subclause
16.1(f)(ii)(B) above. This loading
shall not be payable to an Employee upon termination except in accordance with
this subclause.
(h) An Employee
must obtain the approval of the Motorway Manager before taking any period of
Annual Leave.
(i) For the
purposes of this clause 16.1, 'Ordinary Weekly Pay' means:
(i) for a Full
Time Employee - the applicable Ordinary Weekly Rate of Pay as set out in
"Appendix A" for the Employee's classification at the time of taking
the period of annual leave plus, where applicable, the weekly amount ordinarily
received by the Employee in respect of:
(A) First Aid
Allowance; and
(B) Paid Meal
Breaks; and
(ii) for a Part
Time Employee - the applicable Ordinary Hourly Rate of Pay as set out in
"Appendix A" for the Employee's classification at the time of taking the
period of annual leave multiplied by the Employee's Ordinary Weekly Hours plus,
where applicable, the weekly amount ordinarily received by the Employee in
respect of:
(A) First Aid
Allowance; and
(B) Paid Meal
Breaks.
16.2 Casual
Employees
(a) Casual
Employees engaged under this Part A shall only be entitled to Annual Leave as
set out in (b) below.
(b) A Casual
Employee is entitled to a payment in respect of annual leave each week,
calculated as follows:
Annual leave payment = the Employee’s Ordinary Weekly
Pay divided by 12.
(c) For the
purposes of this clause 16.2, ‘Ordinary Weekly Pay’ means (applicable Ordinary
Time Rate of Pay plus 20%) multiplied by the number of hours worked by the
Casual Employee in the week plus, where applicable, any payment paid during the
week to the Casual Employee in respect of:
(A) shift allowances
(including Saturday and Sunday but not including Holiday shift allowances, nor
overtime allowances or penalties paid in excess of the Ordinary Time Rate of
Pay under clause 7.C (d));
(B) First Aid,
Allowance; and
(C) Paid Meal
Breaks.
17.
Sick Leave
A Casual Employee is not entitled to paid sick leave under
this Part A.
An Employee other than a Casual Employee shall, after three
months' continuous service, be entitled to paid leave for genuine illness or
injury, subject to the following conditions and limitations:
(a) the Employee
shall where practicable prior to but definitely within twenty-four hours of the
commencement of such absence inform the Employer of their inability to attend
for duty and, as far as practicable, state the nature of the injury or illness
and the estimated duration of absence;
(b) the Employee
shall prove to the satisfaction of the Employer, by the production of a medical
certificate or other evidence satisfactory to the Employer, that the Employee
was unable on account of such illness or injury to attend for duty on the day
or days for which sick leave is claimed;
(c) Full Time
Employees shall be entitled to sick leave of up to seventy six Ordinary Hours
for each year of employment, which shall accumulate, from year to year, to a
maximum of 760 hours. No payments will
be made in lieu of untaken sick leave.
(d) Sick leave
shall be paid at the Ordinary Time Rate of Pay as set out for each
classification in "Appendix A".
(e) The Employer
reserves the right to refer any Employee for an independent medical opinion at
the Employer's expense.
(f) Part Time
Employees shall be entitled to sick leave on a pro-rata basis as described in
clause 7 of this Part A.
18.
Long Service Leave
The Long Service Leave Act 1955, or any act which
replaces this act, each as amended, shall apply.
19.
Jury Service
Casual Employees are not entitled to any jury service under
this Part A.
Employees required to attend for jury service during
rostered working hours shall be reimbursed by the Employer an amount equal to
the difference between the amount paid in respect of attendance for such jury
service and the Ordinary Time Rate of Pay in respect of those hours the
Employee would have worked had the Employee not been on jury service. An
Employee shall notify the Employer as soon as possible of the date upon which
attendance for jury service is required. 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.
20.
Personal/Carer's Leave
20.1 Use of sick
leave
(a) An Employee,
other than a Casual Employee, with responsibilities in relation to a class of
person set out in 20.1(c)(ii) 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 at clause 17 of this Part A, 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),
grand-parent, 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 paragraph:
(i) 'relative'
means a person related by blood, marriage or affinity;
(ii) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) '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.
20.2 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 person as set out in clause 20.1(c)(ii) who
is ill.
20.3 Annual leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays
Act 1944 (NSW), 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 20.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Part A.
(c) An Employee
and the 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.
20.4 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 twelve
(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 20.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 20.4(a), the Employee shall be
paid overtime rates in accordance with this Part A.
20.5 Make-up time
(a) A Day Work
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 this Part A,
at the Ordinary Time Rate of Pay.
(b) A Shift Work
Employee or Continuous Shift Work 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), at the shift work rate which
would have been applicable to the hours taken off.
21.
Parental Leave
The Industrial Relations Act 1996 Chapter 2, Part 4,
Divisions 1 and 2 shall apply.
22.
Bereavement Leave
22.1 An Employee other
than a Casual Employee shall be entitled to up to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in 22.3 below.
22.2 The Employee
must notify the Employer as soon as practicable of the intention to take
bereavement leave and will, if required by the Employer, provide to the
satisfaction of the Employer proof of death.
22.3 Bereavement
leave shall be available to the Employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 20.1(c)(ii), provided
that for the purpose of bereavement leave, the Employee need not have been
responsible for the care of the person concerned.
22.4 An Employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the Employee has been granted other leave.
22.5 Bereavement
leave may be taken in conjunction with other leave available under clauses
20.2, 20.3, 20.4 and 20.5 of this Part A.
In determining such a request the Employer will give consideration to
the circumstances of the Employee and the reasonable operation requirements of
the business.
22.6 Further, an
Employee other than a Casual Employee shall be entitled to a maximum of two
days' leave without loss of pay on each occasion and on production of
satisfactory evidence of the death outside Australia of the Employee's spouse
(which includes de-facto spouse), or parent (which includes a step-parent or
foster parent), and where the Employee travels outside of Australia to attend
the funeral.
23.
Occupational Health and Safety
It is recognised that safety is a team commitment involving
Managers, Supervisors and Employees working together through consultation and
co-operation.
The rights and responsibility of all personnel to express
their concern over safety in the workplace and to expect those rights and
responsibilities to be addressed is recognised and supported.
Information, instruction and training in safe methods of
work, relevant legislation, safety procedures, etc will be provided to all
Employees.
The Employer shall provide and the Employee shall wear and
use protective clothing and safety equipment nominated by the Employer from
time to time. The Employee shall request any additional protective clothing or
safety equipment required in addition to normal issue and the Employer shall
not refuse any reasonable request. Protective clothing and safety equipment
shall remain the property of the Employer.
Adequate first aid facilities shall be maintained by the
Employer in accordance with the Occupational Health and Safety Act 2000
and its regulations, as amended.
24.
Clothing
Upon appointment the Employer shall issue each Employee with
an initial issue of uniform items.
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 12 months.
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. When replaced by a new issue all replaced
items of uniform shall be returned to the Employer.
Where an Employee for no good reason fails to return items
of issued clothing, the Employer may deduct an amount of $50 from the
Employee's termination pay, excluding annual leave or long service leave
payments.
Each Employee is responsible for laundering and maintaining
uniforms in a presentable condition. A
laundering allowance is included in the rates of pay for all classifications.
25.
Medical Examinations
In addition to the pre-employment examination, the Employer
will arrange for general medical examinations of Employees covered by this Part
A every twelve months and in addition, lead level and audiogram testing will be
conducted every twelve months. There
will be no payment in excess of ordinary wages to an Employee to attend these
medical examinations which will be carried out during normal working hours on
the following basis:
All costs of medical checks will be borne by the
Employer;
The Employer will maintain records of the medical
checks;
The medical records shall be made available to the
Employee concerned;
A copy of the medical record is to be forwarded to the
Employee's treating doctor on request; and
In all other circumstances information contained in the
medical records is to remain confidential.
26.
Training
The Employer will provide training and education to improve workforce
skills and understanding of work related programmes. This training and education will be carried out wherever
practical during normal working hours.
27.
Alcohol and Other Drugs
It is agreed that no Employee will be allowed to enter the
workplace if the Employee is under the influence of alcohol or any other
substance which impairs the Employee's work or is likely to create an unsafe
working environment.
The Motorway Manager or his nominee may if he has a
reasonable suspicion that an Employee is under the influence of alcohol or any
other substance, direct the Employee to leave the workplace.
The Employee so directed, will not be paid for the remainder
of the day or Shift. The Employee if rostered should report for work the
following day.
28.
Probationary Period
All employees will be employed on the basis of an initial
three month probationary period. During
this period, the Employee’s suitability for continued employment will be
assessed. Prior to the completion of the probationary period Leighton may offer
employment to the Employee in accordance with this Award.
Should any Employee not be suitable after Management has
explained its concerns and given the Employee an opportunity to improve, the
Employee may be dismissed with one week’s notice.
29.
Union Procedure
29.1 Entry
The Parties acknowledge Chapter 5, Part 7 of the NSW
Industrial Relations Act 1996. Union Officials will be granted access to
the work areas upon reasonable notice being afforded to the Motorway
Manager. It would be preferable for the
officials to state the purpose of their visit when giving notice.
29.2 Delegates
The Employer recognises the right of its Employees to
be represented in their dealings with their Employer if they so choose. The site delegate shall be allowed
reasonable time during working hours to discuss with the Employer or its
representative any matter affecting an Employee whom the Union represents. Such
discussions should be arranged for times which are convenient to both
parties. Before a delegate moves away
from their area of work, permission must first be obtained from the Supervisor.
30.
Dispute Settlement Procedures
The Parties agree to facilitate the constructive and speedy
resolution of any issue of concern at the workplace and recognise that this
commitment is critical to maintaining harmonious relations between the Employer
and its Employees. Subject to the
provision of the Industrial Relations Act 1996, any dispute shall be
dealt with in the following manner:
If an Employee has a grievance arising out of his or her
employment with the Employer, the Employee shall notify the Supervisor of the
substance of the grievance, request a meeting with that person and state the
remedy sought.
If the matter cannot be resolved between the Employee or the
Employee's representative and the Supervisor, it shall be referred to the
Motorway Manager. Where appropriate or
deemed necessary, the Employee may elect to seek the assistance of his/her
workplace delegate or any other person.
If the matter is still not resolved, the Employee may
request the Motorway Manager to refer the grievance to the Manager - Industrial
Relations New South Wales & ACT.
All parties must use their best efforts to resolve the
grievance expeditiously and to the satisfaction of the Parties.
If the grievance is not resolved by the above process, the
Parties may refer the grievance to the Industrial Relations Commission of New
South Wales:
(a) as a question,
dispute or difficulty in respect of the Award (including this Part A); or
(b) for a binding
declaration of right under section 154.
Whilst the above procedures are being carried out, work will
continue as it did prior to the grievance arising and no stoppage of work or
any other form of limitation of work shall occur. Neither Party shall be prejudiced as to final settlement by the
continuation of work in accordance with this clause.
31.
Anti-Discrimination
31.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
ground of race, sex, marital status, disability, homosexuality, transgender
identity, age, and carer’s responsibility.
31.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Part A 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.
31.3 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.
31.4 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
practise 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.
31.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes
(a) Companies and
Employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the 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."
PART B
FLEXIBLE (12 HOUR) SHIFT ARRANGEMENTS
1.
Title
The short title of this part of the Award shall be Part B.
2.
Commencement
2.1 Part B shall apply
to employees engaged under its terms from the date that the Award commences.
2.2 The Parties
acknowledge that the Employer is under no obligation to continue to employ
Employees under the terms of this Part B beyond the expiry of the Award.
2.3 The terms of
this Part B and the work practices outlined in this Part B will not be used by
the Parties as a basis or precedent for making any future claim or demand.
3. Introduction
3.1 Definitions
'Afternoon Work' means work undertaken between 2.00pm
and 10.00pm.
'Award' means the Eastern Distributor ETU Consent Award
2002.
'Client' means the company to which the Employer
contracts to operate and maintain the Eastern Distributor.
'Continuous Shift Work' means work undertaken on the
basis of a continuous rotating Shift Roster.
'Continuous Shift Work Employee' means a Full Time or
Part Time Employee engaged to work or working Continuous Shift Work.
'Control Centre' means the Eastern Distributor
operation, maintenance and administration building located at 43 Bourke Street,
Woolloomooloo.
'Eastern Distributor' means the motorway from the
Cahill Expressway near the Domain Tunnel, to Southern Cross Drive near Link
Road, Rosebery and the areas adjacent nominated as 'Maintenance Areas' in the
contract between the Client and the Employer.
'Electronics Technician' means an Employee whose duties
are defined in Clause 6.1 of Part A.
'Employee' means a person engaged to work shift work by
the Employer on a permanent basis for the job classifications covered by this
Part B and, for the avoidance of doubt, means persons who would otherwise be
categorised under Part A to be:
(a) Shift Work
Employees (as defined in Part A); or
(b) Continuous Shift
Work Employees (as defined in Part A), and includes Full Time and Part Time
Employees.
'Employer' means Leighton Contractors Pty Limited.
'Full Time Employee' means an Employee employed to work
thirty eight hours per week when averaged over the length of the Shift Roster
Cycle, excluding Paid Meal Breaks.
'Holiday' means the Union's Picnic Day, being the first
Monday in December of each year or any other date agreed between the Union and
the Employer (provided that a picnic is held) and the following Public Holidays
and any other Public Holiday proclaimed under the relevant legislation from
time to time.
New Year's Day
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Anzac Day
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Australia Day
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Queen's Birthday
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Good Friday
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Labour Day
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Easter Saturday
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Christmas Day
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Easter Monday
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Boxing Day
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'Morning Work' means work undertaken between 6.00a.m.
and 2.00p.m.
'Motorway Manager' means the person appointed by the
Employer to manage the operation and maintenance of the Eastern Distributor.
'Night Work' means work undertaken between 10.00pm and
6.00am.
'Ordinary Hours' means hours which form part of the
Ordinary Weekly Hours and which are paid at the Ordinary Time Rate of Pay.
'Ordinary Shift' means that part of a Shift made up of
the Ordinary Hours and any applicable Paid Meal Break and:
(a) for a Full
Time Employee, the spread of the Ordinary Shift hours shall be between 7 and 14
hours and will usually be worked as defined in (i) to (iv) below excluding the
Paid Meal Break:
(i) 7.6 Ordinary
Hours;
(ii) 10.4 Ordinary
Hours;
(iii) 11.4 Ordinary
Hours; or
(iv) 12.4 Ordinary
Hours,
per Ordinary Shift; and
(b) for a
Part-Time Employee, an Ordinary Shift shall be of a duration of between 3 and
14 hours per Ordinary Shift and, in each case, the Ordinary Hours of a
particular Ordinary Shift will exclude any Paid Meal Break.
'Ordinary Weekly Hours' means for Employees who are:
(a) Full Time - 38
hours per week when averaged over the Shift Roster Cycle to be worked during
Ordinary Shifts; or
(b) Part Time - An
amount of regular hours between 15 and 37 hours per week when averaged over the
Shift Roster Cycle to be worked during Ordinary Shifts.
'Ordinary Time Rate of Pay' means the hourly rate of
pay for each classification as set out in 'Appendix A'.
'Overtime' means hours worked by an Employee in excess
of an Ordinary Shift.
'Paid Meal Break' means a break taken in accordance
with clauses 10.1 and 10.2 of this Part B that does not form part of an
Employee's Ordinary Hours or Ordinary Weekly Hours and is paid in accordance
with clauses 10.3 and 10.4.
'Part A' means Part A of the Award.
'Parties' means the Employer, the Union and the
Employees.
'Part Time Employee' means an Employee employed on a
part-time basis as defined in Clause 7 of this Part B.
'Premises' means all the land on which the Eastern
Distributor is located.
'Redundancy' occurs when an Employee's position ceases
to exist and may be caused by a variety of reasons, including, among others,
technological change, loss of business or economic downturn.
'Shift' means the work hours of a Full Time or Part
Time Employee for any one day.
'Shift Roster' means a schedule determining the hours
of work of Employees.
'Shift Roster Cycle' means the period over which an
Employee completes one full cycle of Shift Work.
'Shift Work' means work under this Part B and which is
regulated by a Shift Roster.
'Supervisor' means a person engaged by the Employer on
a salary basis to supervise the work of Employees.
'Union' means the Electrical Trades Union of Australia
New South Wales Branch.
3.2 Joint
Statement
The Parties intend for this Part B to provide flexible
shift arrangements for permanent full-time and part-time employees engaged by
the Employer in the relevant classifications to work shift work on the Eastern
Distributor. Accordingly and as stated in the Introduction of this Award, this
Part B shall not apply to Casual Employees or employees who work Day Work (as
those terms are defined in Part A).
As stated in the Introduction of this Award, this Part
B shall apply to the employment by the Employer of Employees classified as
Electronics Technician required for the operations and maintenance work
associated with the Eastern Distributor.
The Employees will be based at the Control Centre or at
other locations on or adjacent to the Eastern Distributor as required by the
Employer from time to time.
3.3 Aims
As set out in clause 3.3 of Part A.
3.4 Interaction
with Part A
If a provision of Part A is referred to in this Part B:
(a) any defined terms
used in that provision of Part A shall have the meaning given to them by this
Part B;
(b) a reference in
that provision of Part A to another provision of Part A shall be taken to be a
reference to the corresponding provision of this Part B; and
(c) unless the
context requires otherwise, a reference in that provision of Part A to Part A
shall be taken to be a reference to this Part B.
4. Commitment
As set out in clause 4 of Part A.
5. Contract of Employment
5.1 Each Employee
shall be employed on either a full-time or part-time basis under the following
classification:
Electronics Technician
Full-time and Part-time Employees will be given a
minimum period of notice for termination as specified in the Workplace
Relations Act 1996.
An Employee's employment may be terminated by the
Employer without notice for serious and wilful misconduct. In such circumstances wages shall only be
paid up to the time of dismissal.
The Employer may deduct payment for any Shift or part thereof
where an Employee is absent from duty without reasonable cause.
5.2 As set out in
clause 5.2 of Part A.
5.3 Employees will
be required to work regularly on Saturdays, Sundays and Holidays to cover all
operations of the Eastern Distributor twenty four hours per day, seven days per
week, fifty two weeks per year.
5.4 All Employees
may be required to work a reasonable amount of Overtime from time to time as
directed by the Motorway Manager to meet the demands for the operation and
maintenance of the Eastern Distributor.
5.5 Employees will
be subject to video surveillance from time to time.
5.6 Redundancy
As set out in clause 5.6 of Part A.
6. Duties
Electronics Technician
As set out in clause 6 of Part A.
7.
Hours of Work and Entitlements
The Motorway Manager shall determine the starting and
finishing times for all Employees.
The Employer may vary the Shift Roster from time-to-time
with the agreement of those Employees whose hours of work will change as a
result of the variation. If there is no
agreement, the Employer may vary the Shift Roster on seven days' notice to
those Employees whose hours of work will change as a result of the variation.
For the purposes of determining the application of shift
allowances and allowances for work on Saturday, Sunday and Holidays the
following shall apply:
(a) Saturday
commences at midnight Friday night and finishes midnight Saturday night;
(b) Sunday
commences at midnight Saturday night and finishes midnight Sunday night; and
(c) a Holiday
commences at midnight the day immediately preceding the Holiday and finishes at
midnight on the Holiday.
Employees shall be available for work for all Shifts which
they are rostered to work and shall perform all necessary duties in each Shift.
When a Full Time Employee is not rostered to work on a
Holiday, the Employee shall receive an additional 7.6 hours’ wages (calculated
at the applicable Ordinary Time Rate of Pay).
Where the Employee is a Part-Time Employee, the Employee will receive
the equivalent pro-rata benefit (calculated according to the formula in clause
7B).
Shift changes for Employees shall take place in the Control
Centre. In the event of the on-coming
Employee not reporting for duty at the normal Shift change-over time, the
off-going Employee shall remain on duty until relieved.
Where an Employee is, both:
(a) after the
expiration of their Shift finishing time; and
(b) after leaving
the Employer’s premises, recalled to work without prior notice,
The Employee shall be paid at the appropriate rate set out
in clause 8.1 of this Part B.
An Employee recalled to work in this way shall be paid at
that rate for a minimum of 3 hours work.
First Aid Allowance
(i) An Employee
who has a current senior first aid certificate shall be entitled to an allowance
of $0.25 per hour worked, and this allowance shall not attract any penalty or
premium.
This Allowance shall increase by the same percentage
and at the same times as specified for wage increases in clause 11 of Part A,
i.e. the first increase to the quantum defined in (i) above shall apply from 1
October 2002.
A. Full
Time Employees
Each Full Time Employee shall work Ordinary Weekly
Hours.
The Ordinary Hours of a Full Time Employee shall be paid
at the applicable Ordinary Time Rate of Pay for the Employee's classification.
(a) Monday to
Friday
A Full Time Employee shall be paid the following shift
allowances for Ordinary Hours worked from Monday to Friday:
Morning Work - Nil
Afternoon Work - 17.5% of the Ordinary Time Rate of Pay
Night Work - 20% of the Ordinary Time Rate of Pay.
(b) Saturday,
Sunday and Holidays
A Full Time Employee shall be paid the following shift
allowances for Ordinary Hours (and, if applicable and subject to paragraph (d)
below, for Overtime), worked on Saturday, Sunday or Holidays:
Saturday - 50% of the Ordinary Time Rate of Pay
Sunday - 100% of the Ordinary Time Rate of Pay
Holidays - 150% of the Ordinary Time Rate of Pay
The shift allowances for hours of work worked by a
Full-Time Employee on Saturday, Sunday or Holidays shall only apply to that
part of a Shift actually worked on a Saturday, Sunday or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are paid
in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee whose Ordinary Shift commences at 7.00pm on
a Friday night and finishes at 6.06am on a Saturday morning will only be
entitled to:
The Afternoon Work Allowance under paragraph (a) above,
but only for those hours between 7.00pm and 10.00pm;
The Night Work Allowance under paragraph (a) above, but
only for those hours worked from 10.00pm up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee whose Ordinary Shift commences at 10.00pm
Saturday and finishes at 6.06am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee whose Ordinary Shift commences at 7.00pm on
a Holiday and finishes at 7.06am the next day (which is not a Saturday, Sunday
or Holiday) will only be entitled to:
The Holiday allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Work Allowance, but only for those hours worked
after 12 midnight and up to 6.00am; and
No shift allowance for work from 6.00am to 7.06am.
(d) Overtime
Overtime worked by a Full Time Employee shall be paid
at the rate set out in Clause 8.1 of this Part B.
An Employee is not entitled to both a shift allowance
(whether for a Shift in respect of Afternoon Work, Night Work, Saturday, Sunday
or Holiday) and Overtime penalty. The
Employee shall be paid the higher of an applicable shift allowance or Overtime penalty.
Example 1
(NOTE: In the following examples any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee who works a Shift from 7.00pm on Friday
Night to 8.36am Saturday morning (and whose Ordinary Shift was from 7.00pm to
6.06am) shall only be entitled to:
The Afternoon Work Allowance, but only for those hours
worked up to 10.00pm;
The Night Work Allowance, but only for those hours
worked after 10.00pm up to midnight
The Saturday Shift Allowance, but only for those hours
worked from midnight to 6.06am Saturday morning;
The Overtime rate (time and a half) in respect of the
first two hours of overtime worked, that is, from 6.06am up until 8.06am; and
The Overtime rate (double time) in respect of overtime
hours in excess of two hours overtime, that is, from 8.06am up until 8.36am.
Example 2
An Employee who works a Shift from 6.00am on Sunday
Morning to 9.06pm Sunday evening (and whose Ordinary Shift was 6.00am to 7.06pm)
shall only be entitled to:
The Sunday Shift Allowance for all hours worked, even
though the Employee is working 2 hours of overtime. This is because the
Overtime rate is calculated by reference to the earnings the Employee receives
under normal working conditions on a Sunday, which is the Ordinary Time Rate of
Pay + 100%, which is higher than the normal Overtime rate of time and a half,
and an Employee is entitled to the higher rate.
B. Part
Time Employees
A Part Time Employee is an Employee, other than a Full
Time Employee, engaged to work regular hours each week in accordance with a
Shift Roster with a minimum engagement of 15 hours per week and a maximum
engagement of 37 hours per week, excluding Paid Meal Breaks.
The Ordinary Hours of a Part Time Employee shall be
worked continuously, excluding any Paid Meal Break, and shall not be less than
3 or more than 13.4 hours per Ordinary Shift.
A Shift Roster for a Part Time Employee shall set out
the days and the starting and ceasing times the Part Time Employee works each
week or as otherwise arranged by mutual agreement.
A Part Time Employee shall be entitled to annual leave,
sick leave, jury service, bereavement leave and parental leave on a pro-rata
basis calculated as follows:
Part Time Employee's
|
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Part Time Employee's
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Equivalent Full
Time
|
Entitlements
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=
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Ordinary Weekly Hours
|
x
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Employee's
Entitlements
|
|
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38
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|
|
|
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|
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The Ordinary Hours of a Part Time Employee shall be paid
at the applicable Ordinary Time Rate of Pay for the Employee's classification.
(a) Monday to
Friday
A Part Time Employee shall be paid the following shift
allowances for Ordinary Hours worked from Monday to Friday:
Morning Work - Nil
Afternoon Work - 17.5% of the Ordinary Time Rate of Pay
Night Work - 20% of the Ordinary Time Rate of Pay
(b) Saturday,
Sunday and Holidays
A Part Time Employee shall be paid the following shift allowances
for Ordinary Hours (and, if applicable and subject to paragraph (d) below, for
Overtime), worked on Saturday, Sunday or Holidays:
Saturday - 50% of the Ordinary Time Rate of Pay
Sunday - 100% of the Ordinary Time Rate of Pay
Holidays - 150% of the Ordinary Time Rate of Pay
The shift allowances for hours of work worked by a Part
Time Employee on Saturday, Sunday or Holidays shall only apply to that part of
a Shift actually worked on a Saturday, Sunday or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee whose Ordinary Shift commences at 10.00pm
on a Friday night and finishes at 4.00am on a Saturday morning will only be
entitled to:
The Night Work Allowance under paragraph (a) above, but
only for those hours worked up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee whose Ordinary Shift commences at 6.00pm
Saturday and finishes at 1.00am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee whose Ordinary Shift commences at 11.00pm
on a Holiday and finishes at 3.00am the next day (which is not a Saturday,
Sunday or Holiday) will only be entitled to:
The Holiday allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Work Allowance, but only for those hours
worked after 12 midnight.
(d) Overtime
Overtime worked by a Part Time Employee, being work in
excess of their Ordinary Shift, shall be paid at the rate set out in clause 8.1
of this Part B.
An Employee is not entitled to both a shift allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime penalty.
The Employee shall be paid the higher of an applicable shift allowance
or Overtime penalty.
8. Overtime
8.1 Full Time and
Part Time Employees required to work Overtime shall be paid:
(a) at the rate of
time and one half for the first two hours and double time thereafter,
calculated using the Employee’s applicable Ordinary Time Rate of Pay; or
(b) at the
Employee’s applicable Ordinary Time Rate of Pay plus any applicable shift
allowance,
whichever is the greater.
8.2 Where Overtime
is necessary it shall, wherever reasonably practicable, be so arranged such
that Employees have at least ten consecutive hours off duty between Shifts. An
Employee who works Overtime following the cessation of his/her Ordinary Shift
on one day and who has not had at least ten consecutive hours off duty between
cessation of the Overtime and the commencement of his/her next Shift, shall,
subject to this clause, be released after completion of such Overtime and not
be required to report back to work until the Employee has had ten consecutive
hours off duty. An Employee required to take time off duty to ensure compliance
with this clause will be permitted to do so without loss of pay.
8.3 If, on the
instruction of the Employer, such an Employee resumes work without having had
ten consecutive hours off duty between Shifts, he/she shall then be paid at
double time until he/she is released from duty for that period and he/she shall
then be entitled to be absent until he/she has had ten consecutive hours off
duty, without loss of pay.
8.4 The subclauses
8.1, 8.2 and 8.3 shall not apply when the time worked is by an arrangement
between the Employees themselves, or when the rotation of Shifts has
necessitated work in excess of the Ordinary Hours as part of a revised Shift
Roster.
8.5 Employees may
be required to work a reasonable amount of Overtime under the terms of this
Award.
8.6 Meal Allowance
Employees who are required to work more than one and
one half hours overtime immediately after normal ceasing time and who have not
had at least 24 hours notice of the requirement to work such overtime shall be
paid a meal allowance of $12.00.
9. Rest Pauses
9.1 Employees who
work a minimum of four consecutive hours on any day shall be entitled to a rest
pause of ten minutes duration without loss of pay during the first four hours.
Employees who work a minimum of eight and a half consecutive hours on any day
shall be entitled to a second rest pause of ten minutes duration without loss
of pay. Such rest pauses shall be taken at such times as will not interfere
with the continuity of work where continuity in the opinion of the Employer is
necessary.
9.2 In order to
meet the requirements of the operation or maintenance of the Eastern
Distributor, the Employer may direct an Employee to return to work if the
Employee is taking a rest pause in accordance with clause 9.1. Should the
Employer give such a direction to the Employee, the Employee shall be entitled
to another rest pause in accordance with clause 9.1, but only for the length of
time equal to that part of the rest pause which the Employee did not receive
because of the direction of the Employer.
10. Paid Meal Break
10.1 Employees who
work:
(a) more than five
continuous hours but less than eight and a half continuous hours shall be
entitled to a Paid Meal Break of thirty minutes,
(b) more than
eight and a half continuous hours shall be entitled to a Paid Meal Break of 42
minutes, to be taken approximately mid-way through their Shift. However, the
time of taking the Paid Meal Break may be varied at any time to meet the
requirements of the operation and maintenance of the Eastern Distributor.
10.2 In order to
meet the requirements of the operation or maintenance of the Eastern
Distributor, the Employer may direct an Employee to return to work if the
Employee is taking a Paid Meal Break. Should the Employer give such a direction
to the Employee, the Employee shall be entitled to another Paid Meal Break in
accordance with clause 10.1, but only for the length of time equal to that part
of the Paid Meal Break which the Employee did not receive because of the
direction of the Employer.
10.3 In recognition
of the fact that an Employee may be recalled to work during their Paid Meal
Break, an Employee shall be paid at time and a half of the Ordinary Time Rate
of Pay for that Employee's classification during a Paid Meal Break.
10.4 Despite clause
10.3, the Paid Meal Break shall not:
(a) form part of
the Ordinary Hours or Ordinary Weekly Hours of an Employee;
(b) be included
for the purposes of calculating Overtime; and
(c) entitle the
Employee to receive any allowance or penalty in respect of the Paid Meal Break
apart from that referred to in clause 10.3.
11. Wage Increases
As set out in clause 11 of Part A.
12. Electronic Funds Transfer
As set out in clause 12 of Part A.
13. Restrictive Work Practices
As set out in clause 13 of Part A.
14. Technological Change
As set out in clause 14 of Part A.
15. Superannuation
As set out in clause 15 of Part A.
16. Annual Leave
(a) Except as
provided by this clause 16, the Annual Holidays Act 1944 (NSW) ('Act'),
or any act which replaces the Act, each as amended, shall apply.
(b) Full Time
Employees shall receive 152 hours of paid annual leave for each year of service
with the Employer, to be based on the Ordinary Hours that the Employee would
have otherwise worked, and payable in accordance with this clause. Part Time
Employees shall receive a pro-rata entitlement calculated in accordance with
the formula in clause 7B of this Part B.
(c) Where an
Employee takes a period of annual leave and a Holiday falls within that period,
the Holiday shall not be included as part of the period of annual leave.
Further, for the avoidance of doubt, since annual leave is based on Ordinary
Hours, when an Employee takes a period of annual leave, the hours taken as
annual leave:
(i) will include
the Ordinary Hours that the Employee would have otherwise worked on a Saturday
or Sunday; and
(ii) will not
include any hours in respect of Overtime that the Employee would, or may, have
otherwise worked; and the Employee will receive no payment whatsoever in
respect of such Overtime.
(d) The parties
acknowledge that it is intended that work under this Part B will be carried out
24 hours a day, seven days a week. Accordingly, in addition to their
entitlement to a period of leave under paragraph (b), a Full Time or Part Time
Employee who is a seven day shift worker, that is, an Employee who is required
under the Shift Roster to work regularly on Sundays and Holidays, shall be
allowed 38 hours (for Full Time Employees), or the equivalent pro-rata
entitlement calculated in accordance with the formula in clause 7B of this Part
B (for Part Time Employees), paid annual leave for each year of service, to be
taken, and payable, in accordance with this clause. However, if a Full Time or
Part Time Employee has only served a portion of the year of employment as a
seven day shift worker, this additional leave shall be one hour for every 50.4
Ordinary Hours worked as a seven day shift worker.
(e) Any accrued
entitlement of an Employee to annual leave under Part A shall be converted to
an hourly entitlement calculated on the basis of one week's leave under Part A
being equivalent to 38 hours (for Full Time Employees), or the equivalent
pro-rata entitlement calculated in accordance with the formula in clause 7B of
this Part B (for Part Time Employees), of leave under this Part B.
(f) Except as
provided by paragraph (g) below, a Full Time or Part Time Employee will be
entitled to the following payments while on a period of annual leave as
provided by this clause 16:
(i) the
Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would have
otherwise worked;
(ii) all shift
allowances (including Saturday and Sunday but not including Holiday shift
allowances) calculated in accordance with clause 7 which the Employee would
have received for the Ordinary Hours that the Employee would have otherwise
worked; and
(iii) a payment for
all Paid Meal Breaks which the Employee would have taken during the Ordinary
Hours that the Employee would have otherwise worked.
(g) Despite
paragraph (f) above, if an Employee has at least 12 months continuous service,
the Employee shall be entitled to the following payments upon taking a period
of Annual Leave:
(i) the
Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would
have otherwise worked; and
(ii) a payment for
all Paid Meal Breaks which the Employee would have taken during the Ordinary
Hours that the Employee would have otherwise worked; and
(iii) the greater
of:
(A) all shift
allowances (including Saturday and Sunday but not including Holiday shift
allowances) calculated in accordance with clause 7 which the Employee would
have received for Ordinary Hours that the Employee would have otherwise worked;
or
(B) an Annual Leave
Loading of 17.5% of:
(i) the
Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would
have otherwise worked; and
(ii) the payment
for all Paid Meal Breaks that the Employee would have taken during the Ordinary
Hours that the Employee would have otherwise worked.
(h) Where the
employment of an Employee is terminated by the Employer for a reason other than
malingering, inefficiency, neglect of duty, misconduct or misappropriation, and
at the time of the termination the Employee has not been given, and has not
taken, the whole of the annual leave to which the Employee has become entitled,
the Employee shall be paid a loading calculated in accordance with subclause
16(g)(iii)(B) above. This loading shall
not be payable to an Employee upon termination except in accordance with this
subclause.
(i) An Employee
must obtain the approval of the Motorway Manager before taking any period of
Annual Leave.
(j) For the
purposes of this clause 16, 'Ordinary Hourly Pay' means the applicable Ordinary
Time Rate of Pay for the Employee's classification at the time of taking the
period of annual leave plus, where applicable, the hourly amount ordinarily
received by the Employee in respect of the First Aid Allowance.
17. Sick Leave
As set out in clause 17 of Part A.
18. Long Service Leave
The Long Service Leave Act 1955 shall apply.
19. Jury Service
As set out in clause 19 of Part A.
20. Personal/Carer's Leave
As set out in clause 20 of Part A, except that, for the
purposes of clause 20.3 - Annual leave:
(a) the phrase
'five days in single day periods' is replaced with '38 hours against single Ordinary
Shifts' in clause 20.3(a);
(b) the phrase
'single day absences' is replaced with single Ordinary Shift absences' in
clause 20.3(c); and
(c) the phrase
'five consecutive annual leave days are' is replaced with '38 consecutive hours
of annual leave is' in clause 20.3(c).
21. Parental Leave
As set out in clause 21 of Part A.
22. Bereavement Leave
As set out in clause 22 of Part A, except that a reference
to 'day' shall be replaced by a reference to 'Ordinary Shift'.
23. Occupational Health and Safety
As set out in clause 23 of Part A.
24. Clothing
As set out in clause 24 of Part A.
25.
Medical Examinations
As set out in clause 25 of Part A.
26. Training
As set out in clause 26 of Part A.
27. Alcohol and Other Drugs
As set out in clause 27 of Part A.
28. Probationary Period
As set out in clause 28 of Part A.
29. Union Procedure
As set out in clause 29 of Part A.
30. Dispute Settlement Procedures
As set out in clause 30 of Part A.
31. Anti-Discrimination
As set out in clause 31 of Part A.