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New South Wales Industrial Relations Commission
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M5 EAST - OPERATORS AWARD 2005
  
Date07/29/2005
Volume352
Part5
Page No.892
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3766
CategoryAward
Award Code 1812  
Date Posted07/28/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1812)

SERIAL C3766

 

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.

 

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