INTEGRAL ENERGY CONDITIONS OF EMPLOYMENT AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Integral Energy Australia.

 

(No. IRC 2950 of 2005)

 

 

AWARD

 

Clause No.         Subject Matter

 

1.         Application And Operation Of The Award

1.1        Objects Of The Award

1.2        Term Of The Award

1.3        Coverage Of The Award

1.3.1     Parties To The Award

1.3.2     Award Application

1.3.3     Contract Positions

1.3.4     Contract Of Employment

1.4        Commitments Of The Parties

1.5        Relationship With Other Instruments

1.6        Definitions

1.6.1    Ordinary Week’s Pay

1.6.2    Act

1.7        Competency Classification Structure

1.8        Consultation For Next Award

2.         Consultation And Communication

2.1        Consultative Committee Formation

2.2        Consultative Committee Objectives

3.         Contract Of Employment

3.1        Duties Of Integral Energy

3.2        Duties Of Employees

3.3        Obligation To Use Skills

3.4        Categories Of Working Environment

3.5        Categories Of Employment

3.5.1    Part Time Employees

3.5.2    Casual Employees

3.6      Wages, Salaries And Superannuation

3.6.1      Default Superannuation Scheme

3.7      Apprentices And Trainees

3.8        Equal Employment Opportunity

3.9        Anti-Discrimination

3.10      Payment Of Termination Pay To Next Of Kin

3.11      Termination Of Employment

3.11.1    Notice Of Termination

3.11.2    Types Of Termination Of Employment

3.11.3    Abandonment Of Employment

3.12      Safety Clothing And/Or Equipment

3.13      Probationary Periods

3.14      Protection Of Rate Of Pay

3.15      Working Reasonable Overtime

3.16      Deductions From Wages

3.17      Calculation Of Service

 

4.         Enterprise Flexibility

4.1        Object Of The Clause

4.2        Employees Not Disadvantaged

4.3        Workplace Arrangements Will Continue

4.4        Basis Of Reaching Agreement

4.4.1     Development Of The Arrangement

4.4.2     Negotiating The Arrangement

4.4.3     Voting On The Arrangement

4.4.4     Content Of Arrangement

4.4.5     Employees Get A Copy

4.4.6     Formalising Arrangement

4.5        Force Of The Arrangements

4.6        Disputes

5.         Hours Of Work

5.1        Ordinary Hours

5.2        Starting And Finishing Times

5.3        Rostering Of Ordinary Working Hours

6.         Penalty Rates

6.1      Overtime

6.1.1        Overtime Penalties

6.1.2        Meal Breaks And Allowances On Overtime

6.1.3        Time Off In Lieu Of Overtime Worked

6.2      Shift Work

6.3      On Call And Stand By

6.3.1     After Hours Emergency And/Or Breakdown Service

6.3.2      Obligations Of Employees

6.3.3      On Call And Stand By Employees

7.         Electrical Safety Rules Allowance

8.         Transfer Of Headquarters

8.1        Normal Journey

8.2        Permanent Or Temporary Transfer

9.         Leave

9.1        Basis Of Accruing Leave

9.2        Basis Of Taking Leave

9.3        Public Holidays

9.3.1     Entitlement To Public Holidays

9.3.2     Alternate Religious Beliefs

9.3.3     Non Payment Of Public Holidays

9.4      Annual Leave

9.4.1      Quantum And Loading

9.4.2      Taking Annual Leave

9.4.3      Payment On Termination

9.5      Long Service Leave

9.5.1      Quantum

9.5.2      Taking Long Service Leave

9.5.3      Payment On Termination

9.5.4      Recognition Of Service For Long Service Leave

9.6        Bereavement Leave

9.7        Jury Service

9.8        Parental Leave

9.8.1     Entitlement

9.8.2     Maternity Leave

9.8.3     Paternity Leave

9.8.4     Adoption Leave

9.8.5     Limitations

 

10.       Absence Benefits Scheme

10.1      Purpose For Sick Leave

10.2      Sick Leave Granted

10.3      Sick Leave Not Granted

10.4      Sick Leave And Public Holidays

10.5      Infectious Diseases

10.6      Sick Leave Forms

10.7      Re-Crediting Of Annual Leave And Long Service Leave

10.8      Medical Certificates And Statutory Declarations

10.9      Notification

11.       Family/Carers Leave

11.1      Use Of Sick Leave

11.2.     Unpaid Leave For Family Purpose

11.3      Single Day Absences On Annual Leave For Family/Carers Leave

12.       Work Related Accident

12.1      Evaluation Of A Claim

12.2      A Denied Claim

12.3      Accident Pay

13.       Temporary Reclassification

14.       Disputes

14.1      Objectives

14.2      Three Tiered System

14.3      Responsibilities Of Those Involved In Resolving The Dispute

15.       Salary Sacrifice

16.       Union Delegates Rights

17.       Relationship To Previous Awards

18.       Leave Reserved

 

Appendix B - Allowances

 

Appendix C - Benefits Of Employees Employed Prior To 27 July 1996

1.         Long Service Leave

2.         Experience/Maturing Allowance

2.1        Quantum

2.2        Eligibility

2.3        Service Recognised

3.         Award Special Leave

4.         Sick Leave (Pre 15 February 1993)

 

1.  Application and Operation of the Award

 

1.1        Objects of the Award

 

The objects of the award are:

 

to outline the basic conditions relating to the work performed by the employees of Integral Energy;

 

to enable Integral Energy to meet the challenges of a competitive electricity market; and

 

to give employees the greatest possible chance of employment security, through the ability to adapt to a changing environment.

 

1.2        Term of the Award

 

The award shall operate from:

 

25 December 2004 to 24 December 2006 inclusive.

 

1.3        Coverage of the Award

 

1.3.1     Parties to the award

 

Integral Energy Australia;

 

Electrical Trades Union of Australia, New South Wales Branch;

 

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union;

 

Association of Professional Engineers, Scientists and Managers, Australia;

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

 

Australian Workers Union; and

 

Australian Services Union.

 

("Collectively, Unions.")

 

1.3.2     Award Application

 

The award shall be applicable to Integral Energy and its employees, other than those employed in contract positions.

 

1.3.3     Contract Positions

 

An employee who has been offered and has accepted an individual employment contract will be employed in a contract position.

 

1.3.4     Contract of Employment

 

Integral Energy reserves the right to offer individual employment contracts for any position in the organisation subject to the following:

 

(a)        The parties acknowledge that, subject to clause 1.3.4(b), employment in positions evaluated with a range Manager/Specialist 9-13 and above will only be offered subject to entry into a fixed or open term employment contract.

 

(b)       Continuing employees who are employed as at the date of this award in positions evaluated with a range Manager/Specialist 9-13 and above may elect to remain on their current employment arrangements for as long as they continue to occupy their present positions.

 

(c)        Continuing employees who are employed as at the date of this award in positions evaluated with a range below Manager/Specialist 9-13 have the right to refuse the offer of a fixed or open term employment contract and their employment will continue to be subject to this award.

 

1.4        Commitments of the Parties

 

Integral Energy, its employees and the unions representing their members are committed to:

 

the Objects of this Award; and

the Strategic and Business Plans of Integral Energy.

 

1.5        Relationship with other Instruments

 

This award should be read in conjunction with:

 

Enterprise Agreements; and

 

Workplace Arrangements.

 

1.6        Definitions

 

1.6.1     Ordinary Week’s Pay

 

An employee's ordinary week’s pay is their rate of pay for their ordinary hours of work plus any allowances which are paid on a normal weekly basis.

 

1.6.2     Act

 

"Act" means the Industrial Relations Act 1996 (NSW).

 

1.7        Competency Classification Structure

 

The parties agree to support and facilitate the development and implementation of a single competency based classification and progression structure acceptable to both parties during the term of this award.

 

Integral Energy is committed to providing training to enable employees to perform their roles competently.

 

Certain Award allowances may be bought out as a result of the implementation of a single competency based classification and progression structure.

 

1.8        Consultation for next Award

 

Negotiations will commence with the relevant parties 6 months before the expiry of this Award for a replacement Award.

 

2.  Consultation and Communication

 

2.1        Consultative Committee Formation

 

Integral Energy will form Consultative Committees from time to time consisting of representatives of Integral employees, the Unions and Integral Energy management.

 

2.2        Consultative Committee Objectives

 

The objectives relate to major and strategic issues that may affect the relationship between Integral Energy and its employees and include:

 

to enable Integral Energy to keep its employees, and the unions representing them, informed;

to enable unions and their members to keep Integral Energy informed;

to enable employees to have input into the decisions of management; and

to facilitate the exchange of views between employees and management.

 

3.  Contract of Employment

 

3.1        Duties of Integral Energy

 

The duties of Integral Energy, consistent with the award and other relevant legislation, include the following:

 

to provide work;

to pay for the work performed; and

to provide a safe working environment.

 

3.2        Duties of Employees

 

The duties of employees, consistent with the award and other relevant legislation, include the following:

 

to work in a skilful and competent manner;

to work in a manner which does not threaten the safety of themselves, work colleagues or the public;

to provide faithful service;

to obey lawful commands;

to not act in a manner hostile to or against the interests of Integral Energy;

to respect and maintain the confidentiality of certain information;

to account for all moneys and property received in the course of employment;

to make available to Integral Energy all inventions made in the course of employment; and

to disclose to Integral Energy any information it has a right to know.

 

3.3        Obligation to Use Skills

 

An employee must perform work to the required competency of the skills for the position in which the employee works.

 

3.4        Categories of Working Environment

 

As required by Integral Energy, an employee’s work may be performed in an office; depot; workshop; in the field or other location remote from the office, depot, workshop; or in the employee’s home.  

 

3.5        Categories of Employment

 

 

 

3.5.1     Part Time Employees

 

A part time employee who agrees to work additional hours will be paid single time for those additional hours up to the equivalent full time hours.  The pro rata accrual of leave will be adjusted for those additional hours.

 

Where a part time employee is instructed to work greater than 8 hours per day, they will be paid the relevant overtime rate.

 

The span of hours shall be in accordance with clause 5.1.

 

3.5.2     Casual Employees

 

Where a casual employee is instructed to work greater than 8 hours per day, they will be paid the relevant overtime rate.  These overtime rates shall be in lieu of the casual employee loading.

 

The span of hours shall be in accordance with clause 5.1.

 

3.6        Wages, Salaries and Superannuation

 

Integral Energy will allocate a pay point to each employee.  The pay points are set out in Appendix A to this award.

 

The rates of pay contained in Appendix A of this Award include the adjustments payable under the State Wage Cases of 2003 and 2004.  These adjustments may be offset against:

 

(a)        any equivalent over-award payments; and/or

 

(b)        award wage increases since 29 May 1991 other than the safety net, State Wage Case and minimum rates adjustments.

 

Integral Energy will increase rates of pay by the following:

 

(a)        4.6% payable on 25 December 2004;

 

(b)        4.6% payable on 24 December 2005.

 

All employees covered by this Award will receive a 1% increase to their employer superannuation contribution in addition to their existing arrangements effective from 25 December 2004 with a further 1% increase effective from 24 December 2005.

 

The above increases are in addition to the Commonwealth government superannuation guarantee, which may be varied from time to time.  Therefore should any increase to the Commonwealth government superannuation guarantee occur during the nominal term of this Award, the Integral Energy additional increases stated above will not be absorbed by any future government increases.

 

3.6.1     Default Superannuation Scheme

 

Subject to the provision of relevant superannuation legislation, employees under this Award will have their superannuation contributions paid into the Energy Industries Superannuation Scheme (EISS).

 

3.6.2     Salary Sacrifice To Superannuation

 

(a)        An employee may elect in lieu of being paid an amount of Award Wages to have an equivalent amount paid by way of superannuation contributions in accordance with the relevant provisions of the EISS.

 

(b)       Subject to the provisions of relevant superannuation legislation, these contributions shall be paid to the EISS.

 

The employee’s election to vary their superannuation benefit must be in writing and would occur no more than once per calendar year, with effect from 1 July each year.

 

3.7        Apprentices and Trainees

 

3.7.1     Conditions of Employment Generally

 

The conditions of this award shall apply to apprentices and trainees during the period of their traineeship or apprenticeship.

 

3.7.2     Traineeships

 

A traineeship or apprenticeship may not provide for continuing employment upon completion of the indentured period.

 

An offer of continued employment would be based on the staffing requirements of Integral Energy and the satisfactory performance of the apprentice or trainee.

 

3.8        Equal Employment Opportunity

 

Integral Energy is an Equal Opportunity Employer.

 

Integral Energy and its employees will work together to achieve the objective of a work environment which is free from discrimination or harassment in the workplace and where all people treat, and are treated, with respect.

 

Integral Energy is committed to providing equal remuneration and conditions of employment for work of equal or comparable value.

 

3.9        Anti-Discrimination

 

3.9.1     It is the intention of the respondents to this award to achieve the principal object in s.3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity ,age and responsibilities as a carer.

 

3.9.2     It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms of operation, has a direct or indirect discriminatory effect.

 

3.9.3     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

3.9.4     Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)       offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)       a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

3.9.5     This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

3.10      Payment of Termination Pay to Next of Kin

 

Employees may authorise Integral Energy to pay their termination pay to a person nominated by them on the appropriate form in the event of them dying whilst still in the service of Integral Energy.

 

3.11      Termination of Employment

 

3.11.1   Notice of Termination

 

By the Employee:

 

The amount of notice, of termination of employment, to be given by an employee shall be two weeks.

 

By Integral Energy:

 

If an employee's employment is terminated for reasons other than those justifying summary dismissal, the amount of notice which will be given by Integral Energy will be as follows:

 

 

NOTE:  Where an employee is over 45 years of age with at least 2 years continuous service the amount of notice in the above table is to be increased by 1 week.

 

As an alternative to notice being given, compensation, in the form of an ordinary week’s pay, for each week of notice, may be paid instead.

 

Where circumstances warrant and by agreement, the required period of notice may be waived.

 

Summary Dismissal will apply where an employee has been guilty of serious misconduct.  In this case an employee will be paid only up to the date of dismissal.

 

3.11.2   Types of Termination of Employment

 

A contract of employment may be terminated as follows:

 

TYPE	DESCRIPTION
Resignation	Where an employee decides of their own free will to leave.
Retirement	This is where the employee decides of their own free will to leave the
	workforce generally.
Dismissal	This is where Integral Energy decides that the employee should no
	longer be employed for a reason for which the employee is responsible.
Redundancy	This is where Integral Energy decides that the position held by the
	employee no longer exists.
Abandonment	This is where an employee has been absent from his or her place of
	employment without notification or permission for a period of 5
	working days or more.
Ill Health	This is where a doctor certifies that an employee will never work again
Retirement	in accordance with the requirements of the superannuation fund.
Death	Where an employee dies while employed by Integral Energy.

 

3.11.3   Abandonment of Employment

 

An employee who has been absent for a continuous period of 5 working days or more without the consent of Integral Energy or without notification will be treated as having abandoned their employment.

 

The employee will be given a period of 14 days of last attending to give a satisfactory explanation. The termination pay shall be up to the date of the employee’s last attendance.

 

3.12      Safety Clothing and/or Equipment

 

Employees must ensure they wear and/or use appropriate safety clothing and/or equipment for the purpose for which it was provided.

 

An employee who fails to comply with the above requirement may not be paid for the time taken to comply including travelling home to get the appropriate safety clothing or equipment.

 

3.13      Probationary Periods

 

The purpose of probationary periods is to enable both the employee and Integral Energy to determine the suitability of the employment relationship.

 

The probationary period served by employees shall be 3 months from the commencement of employment with Integral Energy. Upon satisfactory completion of the probationary period, the employee shall have his or her appointment confirmed.

 

If an employee does not satisfactorily complete the probationary period their employment may be terminated or the probationary period may be extended for a further 3 months.

 

Probationary periods shall be included as service in the position.

 

3.14      Protection of Rate of Pay

 

Employees may from time to time, as part of their employment with Integral Energy, be required to do work, consistent with their skills and competencies, for which a lower rate of pay is prescribed.  Employees will continue to be paid their ordinary rate of pay.

 

3.15      Working Reasonable Overtime

 

Employees shall work reasonable overtime to meet the needs of Integral Energy.

 

Where possible employees shall be given reasonable notice of the overtime.

 

3.16      Deductions from Wages

 

Employees may request, in writing, for deductions to be made from their wages or salary for the purpose of contributions or payment approved by Integral Energy.

 

Employees may request in writing for deductions to be made from their wages or salary for the purpose of contributions to unions, which are parties to the award.

 

Integral Energy may deduct from an employee's wages or salary payment for any time he or she was absent from work without permission.

 

3.17      Calculation of Service

 

Service with Integral Energy shall, in the main, be from the date of commencement to the date of termination inclusive according to the following:

 

 

4.  Enterprise Flexibility

 

4.1        Object of the Clause

 

The clause is intended to facilitate agreements between management at all levels, and their respective staff, with the assistance of their union/s;

 

Enterprise agreements and workplace arrangements can be entered into to establish greater flexibility.

 

4.2        Employees not disadvantaged

 

The award provisions shall form the base from which the "Workplace Arrangements", under this clause, operate.

 

There shall be no reduction in an employee’s ordinary rate of pay for the ordinary hours worked.

 

So as not to create hardship, where possible the needs of individual employees shall be taken into account in formulating "Workplace Arrangements".

 

4.3        Workplace Arrangements will continue

 

Workplace Arrangements which were entered into under the Integral Energy Conditions of Employment Award 1997 and subsequent Awards, will continue in force until replaced by a new Workplace Arrangement made under this award.

 

4.4        Basis of Reaching Agreement

 

4.4.1     Development of the Arrangement

 

Discussions regarding proposals should encompass all relevant details, including:

 

nature of work to be performed;

 

how the work is to be performed;

 

who is to perform the work;

 

when the work is to be done;

 

the basis on which payment, or otherwise, is to be made; and

 

the time frame the Workplace Arrangement is to run.

 

4.4.2     Negotiating the Arrangement

 

Negotiations should be between the relevant manager with Human Resources assistance and the employees (or agreed representative of the employees) concerned plus an accredited union representative.

 

4.4.3     Voting on the Arrangement

 

The final proposal will be put to a meeting of the employees directly concerned with the arrangement.  A majority of these employees voting in favour of the proposal shall finalise the Workplace Arrangement.

 

4.4.4     Content of Arrangement

 

The proposal will be documented into "agreement" form giving details of the following:

 

the nature of the work to be covered by the arrangement;

the classification/s to be performing the work;

the time frame over which the arrangement is to run;

the part of Integral Energy from which the employees come;

the basis on which the work is to be performed;

the basis on which payment, or otherwise, is to be made to the employees;

the parties to the arrangement (General Manager Human Resources, Manager, Employee/s and Union/s);

the award clause/s or provision/s the arrangement overrides; and

the details of the meeting which approved the arrangement.

 

4.4.5     Employees get a Copy

 

The employees directly affected will be given a copy of the arrangement.

 

4.4.6     Formalising Arrangement

 

The arrangement will then be formalised by signature and exchange of letters between Integral Energy and the relevant union/s.

 

4.5        Force of the Arrangements

 

The arrangements under this clause shall prevail over the award and/or the enterprise agreement to the extent of the difference.

 

4.6        Disputes

 

Disputes arising from the arrangements shall be dealt with under the Disputes clause of this award.

 

5.  Hours of Work

 

5.1        Ordinary Hours

 

The arrangements relating to the ordinary hours of work of day workers shall be as follows:

 

 

5.2        Starting and finishing times

 

Starting and finishing times, within the span of hours, may be changed by agreement between Integral Energy and the employees affected (with support from the relevant union/s) to meet customer needs.

 

5.3        Rostering of Ordinary Working Hours

 

The basic rostering arrangement of ordinary hours of work shall be the nine-day fortnight.

 

6.  Penalty Rates

 

6.1        Overtime

 

6.1.1     Overtime Penalties

 

OVERTIME SITUATION	PENALTY APPLICABLE
Monday to Friday	First 2 hours at time and one half
	Additional hours at double time
Saturday (morning)	First 2 hours at time and one half
	Additional hours at double time
Saturday (afternoon)	All hours at double time
Hours in excess of ordinary	First 2 hours at time and one half
weekly hours	Additional hours at double time
Sunday	All hours at double time
Public Holiday (inside what	All hours at double time
would have been ordinary	plus payment for the public holiday (or time in lieu for the day)
hours)
Public Holiday (outside what	All hours at double time and one half
would have been ordinary
hours)
Pre-arranged Overtime on	Minimum of 4 hours at the appropriate penalty according to when
Saturday, Sunday or Public	it is worked
Holiday
Call Out	Minimum of 4 hours at the appropriate penalty according to when
	it is worked.
Core Sleeping Time	For any time worked (including call outs) between 12.00
	midnight and 4:00 am on a normal working day, one of the
	following options, by agreement, may apply:
		delayed start time; or
		early finish time; or
		overtime if neither of the above.
Continuous overtime - both	Overtime hours worked are added together to determine when
before and after the normal	double time is payable
days work
Travelling Time	Time and one half - based on 2 minutes per kilometre
Compulsory Break	Applies where the overtime worked is greater than 4 hours.
	An employee is entitled to a continuous break of 10 hours at some
	time between the end of one ordinary days work and the start of
	the next (that is, either before the overtime/call out or after it).
Break not taken	The employee shall not return to work until the ten-hour break
	has been taken unless directed to do so by their manager.
	If employee is not permitted to have compulsory break he or she
	shall be paid at double time until released from work.
Assumed Finishing Time	An employee shall have an assumed finishing time on the
	preceding day off to an ordinary shift that is the same as the
	finishing time of that ordinary shift.
	If the employee is required to work for a minimum of four hours
	between the assumed finishing time and the start of the ordinary
	shift they must have had a continuous ten-hour break either before
	or after the overtime.
	If the employee has not had a continuous ten hour break in that
	period they must have a delayed start to allow them to do so
	without loss of pay.

 

6.1.2     Meal Breaks and Allowances on Overtime

 

SITUATION	BENEFIT APPLICABLE
Meal Break:
Length of Break	20 minutes for each break without loss of pay.
Frequency of Breaks	For overtime which is continuous with an ordinary days work:
		after 1.5 hours of overtime worked;
		after a total of 4 hours of overtime worked; and
		after a total of 8 hours of overtime worked.
		(a maximum of 3 meal breaks)
	For overtime which is not continuous with an ordinary days work:
		after 4 hours of overtime worked;
		after a total of 8 hours of overtime worked; and
		after a total of 12 hours of overtime worked.
		(a maximum of 3 meal breaks)
Meal Allowance	One meal allowance, for each meal break permitted as above
	(a maximum of 3 meal allowances also applies)
	As an alternative Integral Energy will provide a meal to an
	equivalent value.
	Refer Appendix B for the value of the meal allowance.
Maximum hours worked in a	Where possible employees and their managers will, in recognition
day	of their Occupational Health and Safety obligations, limit the total
	hours of work to 16 hours in any 24 hour period.

 

6.1.3     Time off in lieu of Overtime Worked

 

 

6.2        Shift Work

 

6.2.1     Definitions

 

 

6.2.2     Shift Allowance

 

Shift workers who work regular shift work shall be paid a shift allowance of 15% for each shift worked (refer Appendix B) in addition to his or her ordinary rate of pay and weekend penalties.  (a "week" shall mean 5 shifts)

 

6.2.3     Saturday, Sunday and Public Holiday Rates

 

Shift workers (including permanent afternoon or night shift workers) who work ordinary rostered shifts on a Saturday, Sunday or Public Holiday shall be paid as follows:

 

 

A shift worker who is rostered to work on a public holiday shall have a day added to his or her time in lieu leave balance.

 

A shift is said to be on a Saturday, Sunday or public holiday if the majority of the shift worked is on that day.

 

6.2.4     Situations Attracting Overtime

 

 

6.2.5     Situations not Attracting Overtime

 

 

6.2.6     Change of Roster

 

Shift workers should normally be given at least five days’ notice of a change of shift or a change of roster.  Where this is not possible the employee will be paid double time for the first shift after the change.

 

Where an employee is given less than five days’ notice of a change of shift or roster and the change results in the employee working additional shifts, then the employee shall be allowed an equal amount of time off at a mutually agreed time.  If this is not practical for the employee to be allowed time off within four weeks, the employee shall be paid for the extra shifts at double time.

 

These provisions do not apply to employees who are classified as relief shiftworkers.

 

6.2.7     Application of shift work clause

 

This clause applies except where a local workplace arrangement or enterprise agreement is in place.

 

6.3        On Call and Stand By

 

6.3.1     After Hours Emergency and/or Breakdown Service

 

The work performed by employees shall include:

 

restoring continuity of supply to Integral Energy’s system and customers;

 

returning to a safe and proper operating condition any plant and/or equipment which has failed or is likely to fail;

 

performing maintenance work which is of such an urgent nature that if not carried out an interruption of supply may occur; and

 

all aspects of consumer’s installation, plant, equipment or appliances which if not attended to or temporarily overcome, will cause distress, hardship or loss to the customer and/or other occupants of the premises.

 

6.3.2     Obligations of Employees

 

An employee rostered on the on call and stand by roster is required to be available for emergency and/or breakdown work at all times, outside his or her usual hours of work.

 

Employees who are on call are not confined to their homes but they must be reasonably available so that they would not be delayed by more than 15 minutes in addition to the time it would normally take to travel from their homes to the place where the work is to be performed.  Any delays in excess of 15 minutes will not be paid unless specifically authorised.

 

An employee may be required to attend any other calls which arise prior to returning home.

 

An employee shall not engage in an activity or make a commitment that will adversely affect their obligations when rostered on.

 

6.3.3     On Call and Stand By Employees

 

 

7.  Electrical Safety Rules Allowance

 

The Electrical Safety Rules Allowance is paid to employees appointed to electrical positions who have passed a test of their knowledge of the rules and who are required to work or supervise or direct work in accordance with those rules.  Employees will be required to undergo periodic refresher training.  Apprentice electricians are paid the allowance from the date they complete the Electrical Safety Rules Test.  Paid for all purposes. (Appendix B - Allowances)

 

7.1        Employees in trade classifications (as defined) other than electrician are entitled to 80% of the Electrical Safety Rules Allowance paid to electricians.

 

7.2        Pro-rata Safety Rules Allowance paid to Electricity Workers who have passed the Safety Rules Test. This allowance is calculated at 60% of the Electrical Safety Rules Allowance.  To be known as Safety Rules Electricity Workers Allowance.

 

8.  Transfer of Headquarters

 

8.1        Normal journey

 

An employee is required to make their own way to and from their normal headquarters each day.

 

8.2        Permanent or temporary transfer

 

 

The time component of the transfer of headquarters allowance will be linked to Award increases, and the vehicle component will be linked to the Australian Tax Office guidelines for casual car allowance for a vehicle over 2600cc.

 

9.  Leave

 

9.1        Basis of Accruing Leave

 

The accrual of annual leave and long service leave shall be on the following basis:

 

 

9.2        Basis of Taking Leave

 

Leave taken by employees shall be deducted from the employee’s leave balance and calculated on the basis of his or her rostering of work.

 

9.3        Public Holidays

 

9.3.1     Entitlement to Public Holidays

 

Employees of Integral Energy shall be entitled to the following public holidays without loss of pay:

 

New Years Day	Easter Monday	Labour Day
Australia Day	Union Picnic Day	Christmas Day
Good Friday	Anzac Day	Boxing Day
Easter Saturday	Queens Birthday

 

Union Picnic Day.  The Picnic Day shall be a recognised holiday for employees who are members of the Unions party to this Award.

 

9.3.2     Alternate Religious Beliefs

 

In order to recognise genuinely held non-Christian religious beliefs an employee may, where it meets customer needs and with the agreement of his or her manager, substitute public holidays listed above for those relevant to that religion.

 

9.3.3     Non Payment of Public Holidays

 

Employees shall not be entitled to payment for a public holiday or holidays if:

 

they are absent on the normal working day before and the day after the public holiday or holidays;

 

unless

 

they give the Chief Executive Officer or his or her nominee satisfactory evidence that the absence was due to a good and satisfactory cause.

 

9.4        Annual Leave

 

9.4.1     Quantum and Loading

 

The following quantum annual leave shall be granted to an employee after each year of service:

 

 

9.4.2     Taking Annual Leave

 

 

9.4.3     Payment on Termination

 

 

9.5        Long Service Leave

 

9.5.1     Quantum

 

 

9.5.2     Taking Long Service Leave

 

 

9.5.3     Payment on Termination

 

 

9.5.4     Recognition of Service for Long Service Leave

 

Employees transferring to Integral Energy from a public service organisation or State Owned Corporation who have an entitlement to long service leave, will have the option to either have the long service leave paid out prior to commencing with Integral Energy, or transfer the accrued entitlement.  Transfer of Long Service Leave will only be approved where the employee has an accrued entitlement and a cheque is forwarded from the employee’s previous employer to Integral Energy.

 

9.6        Bereavement Leave

 

9.6.1     An employee other than a casual employee shall be entitled up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 9.6.3 below.

 

9.6.2     The employee must notify Integral Energy as soon as practicable of the intention to take bereavement leave and will, if required by Integral Energy, provide to the satisfaction of Integral Energy proof of death.

 

9.6.3     Bereavement leave shall be available to an employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in clause 11.1.3 provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

9.6.4     An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

9.6.5     Bereavement leave may be taken in conjunction with other leave available under this Award.  In determining such a request, Integral Energy will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

9.7        Jury Service

 

 

9.8        Parental Leave

 

9.8.1     Entitlement

 

An employee will be entitled to Parental Leave in accordance with the Industrial Relations Act 1996 (NSW).

 

9.8.2     Maternity Leave

 

After 12 month continuous employment or 24 months regular employment in the case of a casual, a female employee is entitled to an unbroken period of 52 (maximum) weeks of leave, of which 12 weeks (or 24 weeks at half pay) will be paid leave.

 

Of the twelve weeks up to three weeks can be taken prior to confinement and a minimum of six weeks is compulsory leave to be taken immediately following confinement.

 

9.8.3     Paternity Leave

 

A male employee is entitled to an unbroken period of one week unpaid leave at the time of the birth of their child or other termination of pregnancy.

 

A further unbroken period of 51 weeks unpaid leave is available for them to be the primary care giver.

 

9.8.4     Adoption Leave

 

Any employee may take unpaid leave in connection with the adoption of a child under the age of 5 years up to a maximum of 52 weeks.

 

9.8.5     Limitations

 

An employee is not entitled to Parental Leave at the same time as his or her spouse is on Parental Leave. If the leave is taken at the same time, the leave entitlement is reduced by the period of leave taken by his/her spouse.

 

This does not apply to short (one week) Paternity Leave and short (three weeks) Adoption Leave.

 

10.  Absence Benefits Scheme

 

10.1      Purpose for sick leave

 

To provide income protection in circumstances where the employee is not able to perform his or her work because of illness or personal injury; or needs to obtain appropriate medical advice and/or treatment for a personal illness or injury.

 

10.2      Sick leave granted

 

Paid sick leave will be provided to an employee if he or she is genuinely sick and unable to perform his or her duties.

 

10.3      Sick leave not granted

 

Sick leave shall not be granted in the following circumstances:

 

where a payment is made for Accident Pay under this Award;

 

where the employee receives payment from an organisation other than Integral Energy, in the form of income protection, as a result of participation in an outside activity; or

 

where in the view of the Chief Executive Officer or his or her nominee the illness or injury resulted from a wilful act, misconduct or the negligence of the employee.

 

10.4      Sick Leave and Public Holidays

 

A public holiday that occurs during a period of sick leave taken by an employee, shall not be counted as sick leave. However a Medical Certificate or Statutory Declaration will be required if an employee is absent due to illness either side of a public holiday.

 

10.5      Infectious Diseases

 

An employee who comes in contact with a person suffering from a contagious disease (where restrictions are imposed on that employee by law), as confirmed by a Doctor, and therefore cannot come to work may take sick leave.

 

10.6      Sick Leave Forms

 

Employees claiming sick leave must fill in the required sick leave form on the day they return to work, or their supervisor can complete the form when the staff member calls in sick.

 

10.7      Re-crediting of Annual Leave and Long Service Leave

 

In order for Long Service Leave or Annual Leave to be re-credited due to illness the following conditions must be met:

 

the employee must be ill for a minimum of 5 consecutive working days or shifts and provide a Doctor’s Certificate covering the entire period;

 

the employee must be able to demonstrate that as a consequence of the illness or injury their leave was disrupted; and

 

all requests for leave to be re-credited must be made in writing and sent to the respective Branch Manager.

 

10.8      Medical Certificates and Statutory Declarations

 

A Medical Certificate or Statutory Declaration will be required if an employee is absent for more than two consecutive working days, or when a repeatable or excessive pattern of sick days develops.

 

10.9      Notification

 

Staff must notify their supervisor as soon as practicable, on the first day of absence, when they know they will not be able to attend work.

 

11.  Family/Carers Leave

 

11.1      Use of sick leave

 

11.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 11.1.3 who needs the employee's care and support shall be entitled to use, in accordance with the sub-clause, up to 5 days sick leave, 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.  Applications for carers leave in excess of 5 days need to be approved by the General Manager Human Resources on a case by case basis.

 

11.1.2   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 sub-clause where another person has taken leave to care for the same person.

 

11.1.3   The entitlement to use sick leave in accordance with this sub-clause is subject to:

 

(a)        the employee being responsible for the care of the person concerned; and

 

(b)       the person concerned being:

 

(i)         a spouse of the employee; or

 

(ii)        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

 

(iii)       a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(iv)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(v)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

A.        "relative" means a person related by blood; marriage or affinity;

 

B.         "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

C.         "household" means a family group living in the same domestic dwelling.

 

11.1.4   An employee must, wherever practicable, give Integral Energy notice prior to the absence of the intention to take leave, the name of the person requiring care and their 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 must notify Integral Energy by telephone of such absence at the first opportunity on the day of absence.

 

11.2.     Unpaid leave for Family Purpose

 

An employee may elect, with the consent of Integral Energy, to take unpaid leave for the purpose of providing care and support of a member of a class of person set out in clause 11.1.3 above who is ill.

 

11.3      Single day absences on annual leave for family/carers leave

 

An employee may elect with the consent of Integral Energy, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

12.  Work Related Accident

 

An employee who suffers a work related injury within the meaning of the New South Wales workers' compensation legislation will be entitled to benefits provided by Integral Energy (a self-insurer) in accordance with the relevant legislation.

 

12.1      Evaluation of a Claim

 

(a)        To overcome employees facing financial hardship during the process of evaluating a claim, employees may elect to take sick leave.

 

(b)        Upon acceptance of the claim any sick leave taken by the employee will be re-classified as workers compensation leave.

 

12.2      A Denied Claim

 

Where a denied claim is settled or an award is made by the Workers Compensation Commission against Integral Energy the payment made by Integral Energy for sick leave shall be reimbursed by the employee from the settlement or award.

 

12.3      Accident Pay

 

An employee who has received an injury shall, subject to this clause, be entitled to accident pay while their employment by Integral Energy and their entitlement to weekly payment for compensation pursuant to the Act for incapacity flowing from such injury continues, for a combined total period up to 52 weeks.

 

13.  Temporary Reclassification

 

Temporary reclassification of employees will be on the following basis:

 

 

 

14.  Disputes

 

14.1      Objectives

 

The objective of the dispute resolution procedure is to ensure:

 

disputes are resolved at their source and at the lowest possible level;

 

employees address the issue with their supervisor first;

 

the dispute remains in the part of the organisation concerned without interference from employees not involved; and

 

that normal work continues during the resolution process.

 

14.2      Three Tiered System

 

 

A shop steward or delegate accredited by their Union and Integral Energy is entitled (with the approval of their supervisor) reasonable time off to attend to matters affecting employees he or she represents.

 

14.3      Responsibilities of those Involved in Resolving the Dispute

 

The responsibilities of the individuals and the organisations they represent should include the following:

 

to have an appreciation of each other’s point of view;

 

to have an appreciation of each other’s needs;

 

to approach discussions and negotiations in good faith;

 

Integral Energy, where possible, should take the needs of employees into account when making decisions;

 

meetings called to try and resolve the issues in dispute should be called without unnecessary delay; and

 

it is the responsibility of both the representatives of the Union/s and Integral Energy to give the employees progress reports.

 

15.  Salary Sacrifice

 

Integral Energy employees can salary sacrifice the following:

 

Company Product up to $666.00 per fringe benefits tax year, subject to Australian Tax Office guidelines.

Superannuation

In house child care

ICARE

In house Gym Membership

Laptop Computers (as per ATO guidelines)

 

16.  Union Delegates Rights

 

Integral Energy recognises the role of Union Delegates in representing their members and the Union Delegates recognise the right of Integral Energy and it’s employees to conduct their day to day business without interruption.

 

Union Delegates at Integral Energy shall have the right to:

 

Approach, or be approached by a member for the payment of Union dues or other payments outside of working hours, or to discuss any matter related to this member’s employment, during working hours without interfering with the work of the employee.

 

After advising and obtaining permission from the employer prior to arrival move freely for the purpose of consulting other delegates during working hours and to negotiate with the management together with other Union delegates on behalf of all or part of the members and on any matters in accord with Union policy affecting the employment of members.

 

Call meetings and for members to attend these meetings on the job, such meetings to be outside of work time unless prior permission obtained.

 

Have protection from victimisation.

 

Have access to a telephone, computer and intranet, to have within their work proximity suitable cupboards and furniture to enable them to keep records, Union circulars, receipt books, etc so as to efficiently carry out the Union responsibilities.

Place notices on Union notice boards after advising the employer of the notice details.

 

Attend meetings (eg regional, organisational or delegates) held by the Union in which they hold office following the approval of Integral Energy.

 

Have all agreements and arrangements negotiated with Integral Energy set out in writing, and for these agreements and arrangements, including Awards, to be provided to delegates on request.

 

17.  Relationship to Previous Awards

 

This award replaces and supersedes the Integral Energy Conditions of Employment Award 2003 published 15 August 2003 (340 I.G. 949).

 

18.  Leave Reserved

 

Bargaining Agents Fee.

 

Appendix A

 

COMMON PAY POINTS

 

 

Appendix B

 

ALLOWANCES

 

 

 

The meal and subsistence allowances will only change as a result of an application to the Industrial Relations Commission of New South Wales.  Casual Car Allowance will be adjusted in accordance with Australian Tax Office guidelines.

 

 

Appendix C

 

BENEFITS OF EMPLOYEES EMPLOYED PRIOR TO 27 JULY 1996

 

1.          Long Service Leave

 

 

These accrual rates above now apply to post 1996 employees.

 

2.          Experience/Maturing Allowance

 

2.1        Quantum

 

 

2.2        Eligibility

 

Integral Energy must pay Experience/Maturing Allowance to employees in the following circumstances:

 

 

2.3        Service Recognised

 

 

3.          Award Special Leave

 

 

4.          Sick Leave (pre 15 February 1993)

 

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.