M5 EAST - OPERATORS AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, industrial organisation of
employers and a State Peak Council for Employers.
(No. IRC 2408 of 2005 )
Before The Honourable
Justice Kavanagh
|
19 May 2005
|
AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Date of
Operation
3. Joint
Statement
4. No Duress
5. No Extra
Claims
6. Introduction
6.1 Definitions
6.2 Location
6.3 Aims
7. Commitment
8. Contract
of Employment
9. Shifts
and Hours of Work
9.1 Continuous Shifts
9.2 Hours of Work
10. Annualised
Salaries and Wages
10.1 Full-Time Employees
10.2 Part-Time Employees
10.3 Casual Employees
10.4 Overtime
11. Duties
11.1 General Duties of Control Room Operators
11.2 Other Duties
11.3 Commitments
12. Breaks
13. Electronic
Funds Transfer
14. Redundancy
15. Technological
Change
15. Superannuation
17. Annual
Leave
18. Sick leave
18.1 Full-time Employees
18.2 Part-time Employees
19. Long
Service Leave
20. Jury
Service Leave
20.1 Full-time Employees
20.2 Part-time Employees
21. Personal/Carer's
Leave
21.1 Use of Sick Leave
21.2 Unpaid Leave for Family Purpose
21.3 Annual Leave
21.4 Time Off in lieu of Payment for Overtime
21.5 Make-up Time
22. Parental
Leave
23. Bereavement
Leave
23.1 Full-time Employees
23.2 Part-time Employees
23. Occupational
Health and Safety
25. Clothing
26. Medical
Examinations
27. Training
28. Alcohol
and Other Drugs
29. Probationary
Period
30. Dispute
Settlement Procedures
31. Anti-Discrimination
32. Deduction
of Union Membership Fees
1. Title
The short title of this Consent Award shall be the 'M5 East
- Operators Award 2005' ("Award").
2. Date of Operation
This Award shall commence on 19 May 2005. Its nominal term will be three years.
3. Joint Statement
This Award is between the Employer (as defined in clause 6)
and The Australian Workers' Union, New South Wales (Technical, Administrative,
Professional Staff 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 M5 East.
This Award shall apply to the employment by the Employer of Employees
classified as Operators required to perform work in connection with the
operation and maintenance of the M5 East and all tasks incidental to such work.
4. No Duress
The Parties declare that this Award was not entered into
under any duress.
5. 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.
6. Introduction
6.1 Definitions
"Award" means - the M5 East - Operators Award
2005.
"Breaks" means - a break taken in accordance
with clause 12 of this Award, that does not form part of an Employee's Ordinary
Hours or Ordinary Weekly Hours.
"Casual Employee" means - an Employee who is
employed and paid by the hour with a minimum guarantee of three hours' work
each Shift and whose employment terminates at the end of each Shift, and will
not include a Relief Employee.
"Client" means - the company to which the
Employer contracts to operate and maintain the M5 East.
"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 premises
situated at 46-50 West Botany Street, Arncliffe, NSW 2205.
"Operator" means - an Employee whose duties
are defined in clause 11 of this Award.
"Day Shift" means - a Shift that starts between
6.00 am and 6.00 pm.
"Employee" means - a person engaged by the
Employer under the terms of this Award and includes Full-time, Part-time and
Casual Employees.
"Employer" means - BHEGIS Joint Venture,
which is an unincorporated joint venture of which the partners are EGIS
Projects Asia Pacific Pty Ltd and Baulderstone Hornibrook Pty Ltd.
"Full-time Employee" means - an Employee
employed to work on the basis set out in clause 9.2.
"Holiday" means - the following Public
Holidays and any other Public Holiday proclaimed and gazetted under 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
|
"M5 East" means - the carriageways from
General Holmes Drive, Mascot to King Georges Road, Beverly Hills including all
bridges, ramps, services, equipment, underpass, ventilation stations and
tunnels connected to or forming part of the freeway facilities.
"General Manager" means - the person
appointed by the Employer to manage the operation and maintenance of the M5
East.
"Night Shift" means - a Shift which starts
between 6.00 pm and 6.00 am.
"Ordinary Hours" means - hours which form
part of the Ordinary Weekly Hours.
"Ordinary Weekly Hours" means - for:
(a) Full-time
Employees - hours worked in accordance
with clause 9.2 of this Award; or
(b) Part-time
Employees - an amount of regular hours between 15 and 39 hours per week.
"Ordinary Time Rate of Pay" means - the
hourly rates of pay for Part-Time and Casual employees set out in clauses 10.2
and 10.3 of this Award.
"Parties" means - the Employer, the Union and
the Employees.
"Part-time Employee" means - an Employee
employed on a part-time basis.
"Premises" means - all the land on which the
M5 East 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.
"Relief Employee" means - a person employed
by the Employer as a member of staff or
engaged in another classification, division, business or operation who is
directed by the Employer to provide relief duties in order to cover for the
absence from duties of any Employee covered by this Award.
"Roster" means - a schedule determining the
hours of work of Full-time or Part-time 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 or a schedule determining the hours of work of
Continuous Shift Work , as the case requires.
"Shift Roster Cycle" means - the period over
which one full cycle of Shift Work or Continuous Shift Work are completed,
respectively.
"Shift Work" means - work 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 Australian Workers' Union,
New South Wales (Technical, Administrative, Professional Staff Branch).
6.2 Location
The Employees will be based at the Control Centre or at
other locations on or adjacent to the M5 East as required by the Employer from
time to time.
6.3 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 all of the Employer's safety policies
and regard as a minimum standard State or National Occupational Health and
Safety Standards and Codes of Practice;
(b) to empower
Employees to make and be accountable for decisions;
(c) to promote a
strong emphasis on teamwork;
(d) to encourage
innovative action by Employees;
(e) to provide for
the efficient and flexible operation of the functions to be carried out;
(f) to encourage
Employees to become multi-skilled and flexible in the performance of tasks;
(g) to focus on
the long term satisfaction of the Client and improvement of the quality of
service to the public;
(h) to comply with
specified environmental requirements
(i) to provide appropriate
training and/or guidance to Employees; and
(j) to ensure
that the M5 East remains open, well maintained and in efficient operation 24
hours per day, each day of the year.
7. Commitment
The Parties are committed to ensuring that:
(a) this Award
leads to real gains in productivity and workplace efficiencies, without any
reduction in health and safety standards;
(b) this Award
leads to the flexible performance of tasks by Employees;
(c) all
requirements of this Award are observed;
(d) no further
increases or decreases in any conditions, including but not limited to rates of
pay, to those provided for in this Award will be claimed or paid during the
life of this Award.
8. Contract of
Employment
(a) Each Employee
shall be employed on either a Full-time, Part-time or Casual basis under the
classification of Operator.
(b) The Employer
may from time to time direct Relief Employees to provide duties as an Operator
and in such circumstances the Relief Employees will continue to be covered by their
usual terms and conditions and will not be covered by the terms and conditions
of this Award.
(c) 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.
(d) Employees will
be required to work regularly on Saturdays, Sundays and Holidays to cover all
operations of the M5 East 24 hours per day, seven days per week, 52 weeks per
year.
9. Shifts and Hours
of Work
9.1 Continuous
Shifts
(a) The parties recognise that the
Employer's operations must be maintained 24 hours per day, ever day of the year,
without exception.
(b) The Employer
reserves the right at its absolute discretion to introduce new Shifts from time
to time with the agreement of those Employees whose hours of work will change
as a result of the introduction of the new Shift(s). If there is no agreement,
the Employer may introduce new Shift(s) on one months’ notice to those
Employees whose hours of work will change as a result of the variation.
(c) Employees will
be entitled to have a break of ten (10) hours from the time they conclude work
on one Shift and commence work on another Shift.
9.2 Hours of Work
(a) The Shift
Roster will be based on Continuous Shift Work (Day and Night Shift rotations).
(b) The Shift Roster
will be based on a Shift Roster Cycle of eight (8) weeks under which Employees
will work an average of:
(i) 40 ordinary
hours per week; and
(ii) 2 hours of
overtime per week.
(c) The Shift
Roster will involve:
(i) Employees
working four (4) Day and/or Night Shifts followed by four (4) days off;
(ii) Shifts of
twelve 12 hours duration (including all breaks) and in addition any time spent
in handing over to Employees commencing work on the next Shift; and
(iii) Employees
working regularly on Saturdays, Sundays and Holidays to cover all operations of
the M5 East 24 hours per day, seven days per week, 52 weeks per year.
(d) The Employer
reserves the right at its absolute discretion to vary the Shift Roster and Shift
Roster Cycle 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 one months’ notice to those Employees whose hours of
work will change as a result of the variation.
10. Annualised
Salaries and Wages
10.1 Full-Time
Employees
(a) All Full-time
Employees will be paid an Annualised Salary of:
Annual Salary as of
|
Annual Salary as of
|
Annual Salary as of
|
1 April 2005 (7%
increase)
|
1 April 2006 (4%
increase)
|
1 April 2007 (3%
increase)
|
$
|
$
|
$
|
71,742 per annum
|
74,612 per annum
|
76,850 per annum
|
(b) The Annualised
Salary includes compensation for (without limitation):
(i) 40 hours of Ordinary
Weekly Hours (over an 8 week cycle);
(ii) 2 hours of
overtime per week (over an 8 week cycle); and
(iii) all other
allowances and penalties.
(c) An amount
equivalent to the Annualised Salary divided by 182 will be deducted for each
and every day of absence from work by a Full-time Employees other than as
permitted by:
(i) clause 17
(Annual Leave);
(ii) clause 18.1
(Sick Leave);
(iii) clause 19
(Long Service Leave);
(iv) clause 20 (Jury
Duty);
(v) clause 21
(Personal Leave);
(vi) clause 23
(Bereavement Leave); and
(vii) by the Employer
in its absolute discretion.
10.2 Part-Time
Employees
The Ordinary Time Rate of Pay for all Part-time
Employees will be:
Hourly Rate as of 1
April 2005
|
Hourly Rate as of 1
April 2006
|
Hourly Rate as of 1
April 2007
|
(7% increase)
|
(4% increase)
|
(3% increase)
|
$
|
$
|
$
|
32.85 per hour
|
34.16 per hour
|
35.19 per hour
|
The terms of this award shall apply pro rata to part-time
employees. As such this rate will be pro-rated to the actual hours worked on a
part-time basis per annum.
This rate is inclusive of all loadings, penalties and
allowances.
10.3 Casual
Employees
The Ordinary Time Rate of Pay for all Casual Employees
will be:
Hourly Rate of Pay
as of
|
Hourly Rate of Pay
as of
|
Hourly Rate of Pay
as of
|
1 April 2005 (7%
increase)
|
1 April 2006 (4%
increase)
|
1 April 2007 (3%
increase)
|
$
|
$
|
$
|
37.78 per hour
|
39.29 per hour
|
40.47 per hour
|
This rate compensates the casual employee for
non-receipt of such employee benefits as annual leave, sick leave, payment for
public holidays not worked, bereavement leave, carer’s leave, parental leave,
jury service, severance payment and notice of termination as well as all other
loadings, penalties and allowances.
10.4 Probationary
Employees
The Ordinary Time Rate of Pay for all Probationary
Employees employed pursuant to Clause 30 of this Award will be 85% of the
Full-Time, Part-time or Casual Rate of Pay as specified in Clauses 10.1, 10.2
and 10.3 above.
10.5 Overtime
(a) Subject to
subclause (d) below, Full-time and Part-Time Employees may be required by the
Employer to work reasonable amounts of overtime at overtime rates or as
otherwise provided for in this Award
to meet the demands for the operation and maintenance of the M5 East.
(b) Payments for
overtime will be made only where a Full-time and Part-time Employee is required
or directed to work on a Shift that the employee has not been rostered to work.
(c) Payments for
overtime worked in accordance with subclause (b) will be paid at the following
rates:
(i) Full-time
Employees - time and one half of the Ordinary Time Rate of Pay specified for Part-time
Employees in clause 10.2; and
(ii) Part-time
Employees - time and one half of the Ordinary Time Rate of Pay specified in
clause 10.2.
(d) An Employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the Employee working hours which are unreasonable. What is
unreasonable or otherwise will be determined having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
11. Duties
11.1 General Duties
of Control Room Operators
Employees will carry out the following general duties:
(a) manage all
operations within the tunnel system and approaches;
(b) exercise a
duty of care towards the safety of oneself, fellow workers and the public;
(c) traffic
surveillance and management;
(d) air quality
and water treatment surveillance and management;
(e) co-ordinate
incident management activities;
(f) co-ordinate,
liaise with and be directed by Emergency Services as required;
(g) co-ordinate and
liaise with the RTA's Transport Management Centre activities;
(h) data entry of
inspection and maintenance information into the Asset Management System; and
(i) complete
detailed reports and administration works associated with the above duties and
the general operations of the M5 East.
11.2 Other Duties
(a) The typical
duties that employees may be required to carry out are set out in Schedule A.
(b) Employees will
also carry out such other duties and use such tools and equipment as may be
required or directed by their immediate supervisor or the General Manager and
that are within the limits of the Employee's skills, competence and training.
11.3 Commitments
In performing their duties, Employees will be committed
to:
(a) teamwork,
customer service and safety;
(b) multi-skilling,
re-training and gaining appropriate competencies and certificates;
(c) accepting that
the tunnel is a 24/7 operation;
(d) undertaking
additional shifts when required to ensure the tunnel is adequately staffed
24/7;
(e) showing a
willingness to accept total flexibility of jobs and duties, to ensure unimpeded
flexibility and inter-changeability such that every individual employee will
perform any task that the employee is competent to perform, provided that such
tasks are safe, legal and logical; and
(f) elimination
of any restrictive work practice.
12. Breaks
(a) Subject to
subclauses (b) and (c), during each Shift, Employees will be permitted to take
breaks and pauses (including meal breaks) but only in accordance with protocols
agreed with their immediate supervisor.
(b) Breaks must
only be taken at times that do not prevent:
(i) Employees
from being able to respond to incidents;
(ii) the efficient
operation of the M5 East; and
(iii) the efficient
manning of the Control Room.
(c) Employees may
be required to return from breaks at any time to attend to any matter , and
will be permitted to take the balance of any such breaks at another time during
the Shift that satisfies the conditions set out in subclause (b).
13. 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.
14. Redundancy
This subclause shall not apply to Casual Employees.
In the event of a Full-Time or Part-Time 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 1982 provides for the
following scale of severance payments in respect of a continuous period of
service:
(a) If a Full-time
or Part-Time Employee is under 45 years of age, the Employer shall pay in
accordance with the following scale:
Years of Service of
Age Entitlement
|
Under 45 Years
|
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 a Full-time
or Part-time Employee is 45 years old or over, the entitlement shall be in
accordance with the following scale:
Years of Service of
Age Entitlement
|
45 Years of Age
|
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 Employee's Annualised Salary set out in clause 10.1(a)
divided by 52; 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 as set
out in clause 10.2.
15. Technological
Change
The Parties accept that during the life of this Award it may
be necessary for the Employer to implement technological change. If this situation arises, Employees will be
kept informed of proposed changes.
If there is a significant technological change, the Parties
to this Award shall consult on that significant change prior to the change
being implemented.
16. Superannuation
The Employer shall pay on behalf of each Employee
contributions of amounts as prescribed by the Superannuation Guarantee
(Administration) Act 1992, from time to time. Contributions shall be
payable from the date of the commencement of employment of the Employee with
the Employer. Contributions and shall
be paid into a fund nominated by the Employee.
17. Annual Leave
(a) This clause
does not apply to Casual Employees.
(b) Except as
provided by this clause17, the Annual Holidays Act 1944 (NSW)
("Act"), or any act which replaces the Act, each as amended, shall
apply. For the avoidance of doubt, Full-time Employees will be entitled to five
(5) weeks of annual leave per year on the basis of a 42 hour week, which
amounts to 210 hours per year.
Part-time Employees will be entitled to annual leave entitlements on a
pro rata basis.
(c) Where
Employees take 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.
(d) Where
Employees take 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.
(e) An Employee:
(i) must obtain
the approval of his or her immediate supervisor or the General Manager before
taking any period of Annual Leave; and
(ii) will only be
permitted to take Annual Leave at times that are convenient to the business
needs of the Employer and the effective scheduling of Shift Rosters.
(f) Employees
will only be permitted to take a maximum of two (2) single days of Annual Leave
in any one year of service. Any additional single days of Annual Leave may be
granted by the Employer if the Employee concerned arranges for such shifts to
be manned effectively.
(g) Employees will
not be permitted to accrue any more than 300 hours of Annual Leave, and the
Employer reserves the right at its absolute discretion to direct the Employees
to take Annual Leave at such times as are convenient to the Employer.
(h) For the
purposes of this subclause, Full-Time and Part-Time Employees will receive
payments during periods of Annual Leave
at a weekly rate determined by dividing the Annualised
Salary set out in clause 10.1(a) by 52.
18. Sick Leave
This clause does not apply to Casual Employees.
18.1 Full-time and
Part-time Employees
(a) After the
completion of three months' continuous service, Full-time and Part-time
Employees will be permitted to be absent from work for 84 hours (for Part-time
Employees to be determined by a pro rata) on account of illness or injury
without deduction of pay from the Annualised Salary set out in clause 10.1(a)
or 10.2, subject to the following conditions and limitations:
(i) the Employee
will, where practicable, prior to but definitely within 24 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; and
(ii) the Employee
will within 24 hours of returning to work after such illness or injury provide
a medical certificate, or
other evidence satisfactory to the Employer, to the Employer stating
that the Employee was unable on account of such illness or injury to attend for
duty on the day or days for which he/she was absent.
(b) No payments
will be made in lieu of untaken sick leave.
(c) The Employer
reserves the right to refer any Employee for an independent medical opinion at
the Employer's expense.
(d) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year. Provided that the Employer shall not be
bound to credit an Employee for sick leave which accrued more than three years
before the end of the last completed year of service.
19. Long Service
Leave
The Long Service Leave Act 1955, or any Act which
replaces this Act, each as amended, shall apply.
20. Jury Service
Leave
Casual Employees are not entitled to any Jury Service leave under
this Award.
20.1 Full-time and
Part-time Employees
Full-time and Part-time Employees will be permitted to
be absent from work on account of jury duty without deduction of pay from the
Annualised Salary set out in clause 10.1(a) or 10.2, subject to the following
conditions and limitations:
(a) the Employee
must notify the Employer as soon as possible of the date upon which attendance
for Jury Service is required;
(b) the Employee
must give the Employer proof of attendance, the duration of such attendance and
the amount received in respect of such Jury Service; and
(c) the amount
received by the Employee in respect of Jury Service will be refunded to the
Employer.
21. Personal/Carer's
Leave
21.1 Use of Sick
Leave
(a) An Employee,
other than a Casual Employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause, who
needs the Employee's care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued Sick Leave entitlement, provided
for at clause 18, of this Award for absences to provide care and support for
such persons when they are ill. Such
leave may be taken for part of a single day.
(b) The Employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take Carer's Leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use Sick Leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the Employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first-mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
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:
(1) 'relative' means - a person
related by blood, marriage or affinity;
(2) 'affinity' means - a relationship
that one spouse because of marriage has to blood relatives of the other; and
(3) 'household' means - a family
group living in the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the Employee to
give prior notice of absence, the Employee shall notify the Employer by telephone
of such absence at the first opportunity on the day of absence.
21.2 Unpaid Leave
for Family Purpose
An Employee may elect, with the consent of the
Employer, to take unpaid leave for the purpose of providing care and support to
a person as set out in subparagraph (ii) of paragraph (c) of subclause 21.1 of
this clause who is ill.
21.3 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 (a) of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this Award.
21.4 Time Off in
lieu of Payment for Overtime
(a) Employees may
elect, with the consent of the Employer, to take time off in lieu of payment
for Overtime at a time or times agreed with the Employer within 12 months of
the said election.
(b) Overtime taken
as time off during Ordinary Time Hours shall be taken at the Ordinary Time
Rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at Overtime Rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the Part-time
Employee shall be paid Overtime Rates in accordance with this Award.
21.5 Make-up Time
An Employee may elect, with the consent of the
Employer, to work 'make-up time' (under which the Employee takes time off
Ordinary Hours and works those hours at a later time).
22. Parental Leave
The Industrial Relations Act (NSW) 1996, Chapter 2,
Part 4, Divisions 1 and 2 shall apply.
23. Bereavement Leave
23.1 Full-time
Employees
(a) Full-time
Employees will be permitted to be absent from work for two (2) days on account
of bereavement leave without deduction of pay from the Annualised Salary set
out in clause 10.1(a), subject to the following conditions and limitations:
(i) 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;
(ii) Bereavement
Leave shall only be available to the Employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in subparagraph (ii) of
paragraph (c) of subclause 21.1 of this Award provided that, for the purpose of
Bereavement Leave, the Employee need not have been responsible for the care of
the person concerned; and
(iii) the 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.
(b) Bereavement
Leave may be taken in conjunction with other leave available under clauses 17,
18 and 19. In determining such a request the Employer will give consideration
to the circumstances of the Employee and the reasonable operation requirements
of the business.
(c) Further, a
Full-time 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 stepparent or foster parent), and where
the Employee travels outside of Australia to attend the funeral.
23.2 Part-time
Employees
(a) Part-time
Employees 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 this
subclause, subject to the following conditions and limitations:
(i) 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;
(ii) Bereavement
Leave shall only be available to the Employee in respect to the death of a
person prescribed for the purposes of Personal/Carer's Leave in subparagraph
(ii) of paragraph (c) of subclause 21.1 of this Award provided that, for the
purpose of Bereavement Leave, the Employee need not have been responsible for
the care of the person concerned; and
(iii) the 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.
(b) Bereavement
Leave may be taken in conjunction with other leave available under clauses 17,
18 and 19. In determining such a request the Employer will give consideration
to the circumstances of the Employee and the reasonable operation requirements
of the business.
(c) Further, a
Full-time 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 stepparent or foster parent), and where
the Employee travels outside of Australia to attend the funeral.
24. 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.
25. 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.
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.
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.
26. Medical
Examinations
In addition to the pre-employment examination, the Employer
may arrange for general medical examinations of Employees covered by this Award
every 12 months and, in addition, lead level and audiogram testing may be
conducted every 12 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.
27. 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 (although such training may
be required to be conducted outside normal working hours).
The employee will be required to participate in training
requirements as specified by the Employer. Notwithstanding this, the employee
as a suitably experienced operator, shall participate and provide training of
others including any Full-Time, Part-time or Casual employees as directed by
the Employer.
28. 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 General Manager or a Supervisor or their respective
nominee may if he or she 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 if rostered should report for work the
following day. An Employee who is found to be under the influence of alcohol or
any other substance may have his or her employment terminated.
29. 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, the Employer may offer employment to the Employee in
accordance with this Award.
Should any Employee not be suitable after the Employer has
explained its concerns the Employee may be dismissed with one week’s notice.
All Probationary Employees shall be paid the Annual Salary
as specified in Clause 10.4 of this Award.
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 his or her immediate
supervisor of the substance of the grievance, request a meeting with that person
and state the remedy sought. At this time the Employee may request
representation by the Australian Workers' Union, New South Wales (Technical,
Administrative, Professional Staff Branch) ("the union").
If the matter cannot be resolved between the Employee or the
Employee's representative (including a representative from the union) and the
supervisor, it shall be referred to the General 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 or their
representative may request the General Manager to refer the matter to his or
her immediate manager who may assist in the resolution of the grievance.
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 ; 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
(a) 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.
(b) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed herein, 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.
(c) 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 compliant of unlawful discrimination
or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or providing
junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a Party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) 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.
32. Deduction of
Union Membership Fees
(i) The Employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any Employee, provided that:
(a) the Employee
has authorised the Employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the Employer of the amount to be deducted for each pay period
applying at the Employer’s workplace and any changes to that amount,
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an Employee; and
(d) there shall be
no requirement to make deductions for casual Employees with less than two
months’ service (continuous or otherwise).
(ii) The
Employee’s authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in
accordance with the Union’s rules) that the Union advises the Employer to
deduct. Where the Employee passes any such written authorisation to the Union,
the Union shall not pass the written authorisation on to the Employer without
first obtaining the Employee’s consent to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from Employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly, or quarterly basis at the Employers election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to Employees’ membership accounts, provided that:
(a) where the
Employer has elected to remit on a weekly or fortnightly basis, the Employer
shall be entitled to retain up to 5 per cent of the monies deducted; and
(b) where the
Employer has elected to remit on a monthly or quarterly basis, the Employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an
Employee has already authorised the deduction of union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the Employee to a make fresh authorisation in
order for such deductions to commence or continue.
(v) The Union
shall advise the Employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in the form of a schedule of fees to be
deducted specifying either weekly, fortnightly, monthly, or quarterly as the
case may be. The union shall give the Employer a minimum of two months’ notice
of any such change.
(vi) An Employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) Where an
Employee who is a member of the Union and who has authorised the Employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the Employee in writing of the need to revoke the authorisation to the Employer
in order for payroll deductions of Union membership fees to cease.
(viii) This Clause
shall take effect from the beginning of the first full pay period to commence
on or after 1 May 2005.
Schedule A
The typical duties of Employees will include without
limitation:
General
management and monitoring of all plant and traffic
control systems associated with operating the motorway and Motorway Control
Centre;
organise towing services for broken down motorists;
preparation of reports relating to incidents/emergencies
and equipment/plant faults;
monitoring of and reporting on any areas of risk
related to the operation and maintenance of the motorway;
testing and assessment of operational procedures
(including scenario training) to ensure that operating guidelines accurately
describe operational tasks;
assist in the development and delivery of on the job
training courses and assessments;
instigating incident responses, including traffic
management, ventilation and sending response crews;
responding to system alarms, identify system faults and
action rectification;
organising
traffic management assistance (including submission/management of ROLs)
to other employees or sub-contractors of the Employer as required for planned
maintenance activities;
providing traffic management for incidents to ensure the safety of the
travelling public and "on-site" personnel;
liaising with RTA-Traffic Management Centre and
Emergency Services;
performing routine operator checks (non trade
inspections/tests) on functionality of plant/equipment
managing the issuing and return of Work Permits;
initiate Work Orders in the Asset Management System;
implementing electronic traffic control plans as
required; and
liaising with TMC, Road Patrollers and/or emergency
services to provide assistance in resolving mechanical and electrical incidents
efficiently or removing any obstructions to traffic.
Operator Checks on System/Assets
checking radio re-broadcast messages and operation and
radio break-in;
checking all radio channels are transmitted to tunnel
environment - for each transmission section;
checking traffic loop operation by stopping over loops
randomly;
check light levels;
routine inspecting, and reporting on the condition of civil
infrastructure (eg tunnel leaks, blocked drains, damaged assets, etc);
visual inspection of equipment for corrosion, obvious
structural damage etc.(findings to be recorded on Work Order (WO) or Inspection
Report (IR));
cleaning of equipment in MCC (eg clean VCR/DVD, backup
computers, etc) ;
checking operation of security systems of MCC;
checking traffic plans, plant operations on computer
Graphic Unit Interface (GUI);
checking personnel air quality monitoring equipment and
down loading data from loggers;
assisting in testing and cleaning of tunnel roof
mounted equipment/instrumentation;
checking tunnel operation via CCTV and Variable speed
limit signs, Lane usage signs & Traffic management signs;
checking and cleaning CCTV recording equipment;
checking and testing emergency telephone (internal and
external);
checking and testing of electrical systems;
checking and testing of the fire fighting system;
replacing certain light globes;
checking the operation of door switches of egress doors
and camera response;
cleaning and checking mobile radio operation and
battery recharge.
Safety Responsibilities
complying with legislative requirements and the
Employer's policies;
consulting with management on OH&S issues;
complying with the requirements of this OH & S
Management Plan;
using all Personal Protective Equipment (PPE) and
safety devices correctly;
reporting to immediate managers any OH & S matter
which cannot be rectified by the Employees;
reporting any work related incident, accident or
injury;
suggesting practical ways to eliminate hazards;
reporting plant and equipment defects immediately to
their manager;
actively participating in toolbox and other safety
meetings;
taking an interest in the well being of existing and
new employees;
attending/conducting safety inductions, JSA's, toolbox
meetings, site specific safety training and OH&S committee (as
appropriate);
ensuring that OH & S requirements are complied with
at all times;
setting an example of safe working for other employees;
and
actively supporting communication to all employees.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.