ERARING ENERGY EMPLOYEES CONSENT AWARD 2006
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Eraring Energy.
(No. IRC 6301 of 2005)
Before
The Honourable Mr Deputy President Harrison
|
8 December 2005
|
AWARD
Clause No. Subject Matter
1. Respondents
to the Award and Consultation
2. Intent,
Commitment, Scope and Duration
3. Hours of
Work
4. Salaries
5. Allowances
6. Part-time
Employment
7. Calculation
of Service
8. Classification
Review
9. Terms of Employment
10. Shift Work
11. Overtime -
Day Work
12. Overtime -
Shift Work
13. Meal
Allowances on Overtime
14. Meal
Breaks - Day Work
15. Higher
Grade Work and Pay
16. Clothing
and Tools
17. Annual
Leave
18. Long
Service Leave
19. Sick Leave
and Accident Pay
20. Family
Carer’s Leave
21. Bereavement
Leave
22. Public
Holidays and Picnic Day
23. Standby
Allowance
24. Travelling
Time and Fares
25. Working
Away from Headquarters
26. Grievance
and Disputes Procedures
27. Anti-Discrimination
28. Telecommuting
29. Miscellaneous
30. Appendix A
1. Respondents to the
Award and Consultation
1.1 Parties
This award has been made with the consent of Eraring
Energy, Unions NSW and the Unions listed below on behalf of the employees of
Eraring Energy.
Electrical Trades Union of Australia, New South Wales
Branch.
New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union.
The Association of Professional Engineers, Scientists
and Managers, Australia (NSW Branch).
Construction, Forestry, Mining and Energy Union (New
South Wales Branch).
Public Service Association and Professional Officers'
Association Amalgamated Union of New South Wales.
Australian Institute of Marine and Power Engineers, New
South Wales District.
The Australian Workers' Union, New South Wales.
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch.
1.2 Consultative
Mechanism
(a) The purpose of
the consultative mechanism is to create a structure that will facilitate the
agreed outcomes of this Award, as stated in subclauses 2.1 & 2.2.
(b) Senior
Management of Eraring Energy will meet with representatives of Unions NSW and
Unions from time-to-time to discuss industry related issues. The meetings will
be held as required.
(c) A steering
Committee will consist of representatives of Eraring Energy Management, Unions
NSW, Unions and delegates. This Committee will oversee the operation of the
Award and will receive recommendations from the Working Group.
(d) A Working
Group will consist of management representatives and delegates representing
employees. This Group will develop strategies in relation to the Award and make
recommendations to the Steering Committee.
(e) The Steering
Committee and Working Group will meet as required.
(f) Local
Consultative Committees comprising representatives from local management, local
delegates and employees will meet monthly and provide feedback to the Working
Group and Steering Committee as appropriate.
2. Intent, Commitment,
Scope and Duration
2.1 Intent
The purpose of the Award is to provide an agreed
framework for Eraring Energy, Unions and employees to work together towards
productivity, sustainability, flexibility and commercial success.
2.2 Commitment
The parties to this award are committed to the
following shared objectives.
(a) Increase the
competitiveness, productivity, efficiency, diversity and flexibility of Eraring
Energy;
(b) Continue the
development of more flexible, efficient and adaptable management and work
practices.
(c) Continue to
improve and develop better and more effective communication and consultative
practices within Eraring Energy.
(d) Maintain a
cooperative, safe and productive working environment.
(e) Eliminate lost
time injuries.
2.3 Performance
Review
(a) The purpose of
a performance review is to enable a process for an employee and their
manager/team leader to undertake a review of the employee’s performance and
development.
(b) A performance review
will be conducted at least once per year for each individual employee or at the
request of an employee.
(c) The
performance review process will take into account the business plan for the
business unit/group/team in which the employee works.
2.4 Scope
This Award rescinds and replaces the Eraring Energy
Employees Consent Award 2004 published 13 August 2004 (345 I.G. 940).
Who does it apply to?
It applies to Eraring Energy and all employees of
Eraring Energy who work within the classifications categorised at subclause 4.4
(b). It does not apply to Senior Executives.
2.5 Duration
This Award will be effective from 1st January 2006
until 31st December 2008.
3. Hours of Work
3.1 What is a day
worker?
Day workers are employees who work their ordinary hours
from Monday to Friday inclusive and who are not entitled to a paid meal break
during their ordinary working hours.
The span of ordinary working hours for day workers is
7:00am to 6:00pm, Monday to Friday inclusive.
3.2 Ordinary hours
of work for day workers
The ordinary hours of work for day workers will not
exceed 35 hours per week or 70 hours per fortnight, where a nine day fortnight
is observed.
3.3 Day workers
work a standard pattern of nine days per fortnight except where a negotiated alternative
arrangement is agreed to between local management and an employee/s.
Unions will endorse these alternative arrangements
provided:
(a) There is
genuine agreement between the individual and management.
(b) There are
clear terms of agreement.
(c) Individuals
who choose to work a nine day fortnight are not disadvantaged.
3.4 The ordinary
hours of work for shift workers is an average of 35 hours a week over a roster
cycle. Shift workers may be required to work more than 35 hours in one or more
weeks, but the total number of ordinary hours worked in roster cycle must not
be more than the number of weeks in a roster cycle multiplied by 35 hours.
3.5 How are
ordinary hours determined?
Local management will determine the group or team
requirements for availability at work of staff to ensure that the business can
function properly. Starting and finishing times for employee/s will be
established by local management. Alternative arrangements on an individual
basis may be negotiated by agreement.
3.6 Accrual of
hours
Employees on day work may elect, with the approval of
management, to accrue up to a maximum of 35 hours and may take accrued time off
for any reason.
The time off will be on a date agreed to by employee/s
and local management.
Should an employee be found to have accrued more than
the 35 hours, the extra time off shall be taken within one month, unless the
employee has approval from the site manager to accrue in excess of 35 hours.
3.7 Time off in
lieu of Time Worked
Notwithstanding any of the provisions contained in this
clause, employees may elect to take time off in lieu, consistent and together
with the provisions of subclause 3.6 of this clause, when they are required to
work overtime. Normal overtime provisions such as transport and meal allowance
will be applicable. Time in lieu will be done by agreement between
teams/employees affected and their team leader or manager.
4. Salaries
4.1 The ordinary
weekly salaries and the operative date for the classifications covered by this award
based on a 35 hour week are:
First pay period on
or after
|
Salary Point
|
1 January 2006
|
1 March 2007
|
1 March 2008
|
$
|
$
|
$
|
$
|
1
|
379.00
|
397.00
|
415.90
|
2
|
439.60
|
460.50
|
482.40
|
3
|
499.40
|
523.10
|
547.90
|
4
|
559.80
|
586.40
|
614.30
|
5
|
590.10
|
618.10
|
647.50
|
6
|
619.80
|
649.20
|
680.00
|
7
|
648.60
|
679.40
|
711.70
|
8
|
678.20
|
710.40
|
744.10
|
9
|
709.00
|
742.70
|
778.00
|
10
|
741.40
|
776.60
|
813.50
|
11
|
776.30
|
813.20
|
851.80
|
12
|
813.10
|
851.70
|
892.20
|
13
|
851.40
|
891.80
|
934.20
|
14
|
891.50
|
933.80
|
978.20
|
15
|
933.40
|
977.70
|
1,024.10
|
16
|
977.40
|
1,023.80
|
1,072.40
|
17
|
1,011.50
|
1,059.50
|
1,109.80
|
18
|
1,046.80
|
1,096.50
|
1,148.60
|
19
|
1,082.60
|
1,134.00
|
1,187.90
|
20
|
1,120.20
|
1,173.40
|
1,229.10
|
21
|
1,159.30
|
1,214.40
|
1,272.10
|
22
|
1,199.30
|
1,256.30
|
1,316.00
|
23
|
1,240.90
|
1,299.80
|
1,361.50
|
24
|
1,283.80
|
1,344.80
|
1,408.70
|
25
|
1,328.10
|
1,391.20
|
1,457.30
|
26
|
1,374.50
|
1,439.80
|
1,508.20
|
27
|
1,421.80
|
1,489.30
|
1,560.00
|
28
|
1,471.40
|
1,541.30
|
1,614.50
|
29
|
1,522.10
|
1,594.40
|
1,670.10
|
30
|
1,575.10
|
1,649.90
|
1,728.30
|
31
|
1,629.60
|
1,707.00
|
1,788.10
|
32
|
1,686.10
|
1,766.20
|
1,850.10
|
33
|
1,744.20
|
1,827.00
|
1,913.80
|
34
|
1,804.70
|
1,890.40
|
1,980.20
|
35
|
1,867.70
|
1,956.40
|
2,049.30
|
36
|
1,932.20
|
2,024.00
|
2,120.10
|
37
|
1,999.60
|
2,094.60
|
2,194.10
|
38
|
2,068.40
|
2,166.60
|
2,269.50
|
39
|
2,140.20
|
2,241.90
|
2,348.40
|
40
|
2,214.20
|
2,319.40
|
2,429.60
|
4.2 Casual Occupational Health Nurses
Administrative Officers, who are engaged as Casual Occupational
Health Nurses must be paid by the hour.
(a) The hourly
rate is determined by:
(i) Taking the
weekly rate for the applicable salary point within the salary range of
their classification; and
(ii) Dividing the
sum by 35; and
(iii) Adding 20%
(in respect of all hours worked between 7.00am and 5.30pm Monday to Friday
inclusive) to the total.
(b) Time worked
outside these hours and on Saturdays must be paid as follows:
(i) For the first
two hours - time and one half
(ii) After the first
two hours - double time.
(c) Hours worked
in excess of seven hours, on any daily engagement, must be paid at the
appropriate overtime rate.
(d) Work performed
on Sundays shall be paid at the rate of double time and on Public Holidays at
the rate of double time and a half.
(e) Minimum
payment as for three hours at the appropriate rate must be paid in respect of
each start, and reimbursement be made for all fares actually incurred in
travelling to and from work only in respect of a minimum start.
(f) Location
Allowance - the provisions of subclause 5.1(a) will apply.
(g) There is no
entitlement to any of the provisions of this award other than the provisions of
this subclause.
4.3 Increments and
progression
Employees appointed to positions before 8th February
1991, retain their annual incremental rights for previous classifications
subject to satisfactory conduct and discharge of duties.
4.4 Working up to
skill level
Employees must:
(a) Work up to their
skill level, competence and training within the categories listed below; and
(b) Work in
accordance with the classification descriptions, salary points and agreed
Skills Development Programs.
Administrative Officer
Engineering Officer
Professional Officer
Operator
Power Worker
Tradesperson
4.5 No extra
claims
Apart from increases available through State Wage Case
decisions (to be applied as set out below) the parties undertake that for the
period of this Award they will not pursue any extra claims for any matters that
are contained in this Award.
State Wage Case decisions determined during the period
of the Award, will be dealt with as follows:
(a) Cost of living
adjustment - any component of a State Wage increase which is identified in the
decision as a cost of living adjustment will be passed on to employees in full
on the basis of any conditions that are imposed by the decision. This component of the increase will be in
addition to the increases arising as a result of this Award.
(b) Productivity
increase - any component of a State Wage increase which is in return for state
wide productivity improvements or is based on enterprise level productivity
increases will be adjusted to avoid double counting.
4.6 Salary
Packaging
Employees may participate in a salary packaging scheme.
A salary packaging arrangement will be cost neutral to Eraring Energy.
Benefit options available under the salary packaging
scheme will be determined and reviewed from time to time by Eraring Energy and
can include 100% private use fully novated motor vehicles, lap top computers,
superannuation, as per subclauses 4.7 to 4.12 and up to $665 of company product
per year.
The amount salary packaged must not exceed fifty (50)
percent of the salary payable under subclause 4.1 or fifty (50) percent of the
currently applicable superable salary, whichever is the lesser. In this subclause, "superable
salary" means the employee’s salary as notified from time to time to the
New South Wales public sector superannuation trustee corporations.
4.7 Salary
Sacrifice to Superannuation
An employee may elect, subject to the agreement of
Eraring Energy, to sacrifice a portion of the salary payable under subclause
4.1 to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate.
4.8 Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) Subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(b) Any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under this Award in the absence of any salary
sacrifice to superannuation made under this Award.
4.9 The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) Paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(b) Subject to
Eraring Energy agreement, paid into a private sector complying superannuation
scheme as employer superannuation contributions.
4.10 Where an
employee elects to salary sacrifice in terms of subclause 4.8 Eraring Energy
will pay the sacrificed amount into the relevant superannuation fund.
4.11 Where the
employee is a member of a superannuation scheme established under:
(a) the
Superannuation Act 1916;
(b) the State
Authorities Superannuation Act 1987;
(c) the State
Authorities Non-contributory Superannuation Act 1987; or
(d) the First
State Superannuation Act 1992
Eraring Energy must ensure that the amount of any
additional employer superannuation contributions specified in subclause 4.9 is
included in the employee’s superannuable salary which is notified to the New
South Wales public sector superannuation trustee corporations.
4.12 Where, prior to
electing to sacrifice a portion of salary to superannuation, an employee had
entered into an agreement with Eraring Energy to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in subclause 4.11 above, Eraring Energy will continue to
base contributions to the fund on the salary payable under subclause 4.1 to the
same extent as applied before the employee sacrificed portion of that salary to
superannuation. This subclause applies
even though the superannuation contributions made by Eraring Energy may be in
excess of superannuation guarantee requirements after the salary sacrifice is
implemented.
5. Allowances
5.1 Location
allowance
The following allowances are payable to employees:
(a) Whose
classification and permanent headquarters are listed below must be paid as
follows:
Location
|
Category A
|
Category B
|
First Pay Period on
or After
|
|
1.3.06
|
1.3.07
|
1.3.08
|
1.3.06
|
1.3.07
|
1.3.08
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Power Station
|
|
|
|
|
|
|
Sites
|
56.50
|
59.20
|
62.00
|
43.80
|
45.90
|
48.10
|
Sydney Office
|
7.10
|
7.40
|
7.70
|
7.10
|
7.40
|
7.80
|
NOTE 1:
Category A: Paid to employees who are required to work at
times in the power station plant area.
Category B: Other employees.
NOTE 2:
Power Station Sites - means Eraring Power Station or any
Wind/Hydro Site.
NOTE 3
(i) Employees who
work ordinary working hours or shifts for which they have been rostered, must
be paid the full weekly Location Allowance at the rate determined for the
employee’s permanent headquarters.
(ii) Employees,
who are required to work away from their permanent headquarters for extended
periods, may be paid the Location Allowance, for the temporary headquarters in
respect of all time worked.
(iii) Employees
must continue to be paid the allowance, while on long service leave, annual
leave, paid sick leave or accident leave, and all other approved leave with
pay.
Such periods of leave are regarded as time worked at
the employees’ permanent headquarters for the purpose of calculating the amount
of the allowance payable.
The allowance must also be taken into account when
calculating penalty rates for overtime, except for time worked on a public
holiday, during what would have been the employees ordinary hours if the day
was not a public holiday. The allowance
is not taken into account when calculating payments for travelling time or the
purpose of calculating penalty additions for ordinary shifts worked on public
holidays by shift workers.
(iv) Payment of the
Location Allowance is made instead of allowances or extra rates for or relating
to heat, height, dirty work, wet places, work in confined spaces or other
conditions and circumstances, whether of a like nature or otherwise, under
which the work is now performed or likely to be performed in the future.
(b) who hold
Certification 5(a) under Eraring Energy’s Access to Apparatus Rules
$8.19 (1.3.06) / $8.58 (1.3.07) $8.99 (1.3.08) per week
(c) who hold
Certification 6(a) under Eraring Energy’s Access to Apparatus Rules
$8.19 (1.3.06) / $8.58 (1.3.07) / $8.99 (1.3.08) per
week
(An employee who holds both levels of certification is
paid only one allowance. It is payable
for all ordinary time worked and during periods of annual leave, long service
leave, public holidays, paid sick leave and for periods of absence for which
workers’ compensation is paid, but excluding those periods which attract the
workers’ compensation statutory rate only.)
Special Allowances
5.2 Employees,
whilst on duty, are entitled to be paid certain special allowances. However these payments, except where
otherwise provided for, will not be taken into account for the purpose of
calculating penalty rates for overtime, long service leave, annual leave, sick
leave, accident pay, public holidays, travelling time or any similar
payments. Where more than one of the
special allowances relate to disabilities of substantially the same nature,
then only the highest of the special allowances will be paid.
The special allowances are as follows:
(a) Payment of
$1.69 (1.3.06) / $1.77 (1.3.07) / $1.85 (1.3.08) per hour or part thereof for
those employees:
(i) Engaged on
work inside a condenser waterbox when the work is carried out while the unit is
out of service;
(ii) Engaged on
working within ash and dust pits;
(iii) Engaged on
maintenance work within boiler casings, boiler main and distribution drums or
gas pass ducts, which have not been cleaned out;
(iv) Engaged on work
within fabric filter compartments;
(v) Engaged on work
in conditions, which are determined by the controlling officer to involve the
existence of excessive amounts of airborne coal dust in the following areas:
Coal Bunkers or
Coal lines or
On the coal conveyors between the main receiving bin,
coal reserve and bunkers;
(vi) Working from a
Cyclimber Stage inside a furnace. Such payment
must be in addition to the allowance paid for working inside a boiler casing
not cleaned out;
(vii) Engaged on work
on dust removal air slides;
(viii) Engaged or
working in close proximity to employees who are engaged in the preparation
and/or the application of substantial quantities of epoxy based materials
either in confined spaces or continuously for a period of more than two hours
on any occasion (the term "substantial quantities" shall mean a 454
gram pack or larger); or
(ix) Engaged in the
handling of polychlorinated biphenyls (Askarel).
(b) Payment of
$2.24 (1.3.06) / $2.35 (1.3.07) / $2.46 (1.3.08) per hour or part thereof for
those employees engaged on work as follows:
(i) A sooting
allowance as agreed as at the time of making of the Electricity Commission
(Wages Staff) Award, published 19 February, 1965;
(ii) Work inside a
condenser waterbox when the work is carried out while the unit is in service;
(iii) Removal
and/or replacement of insulating and refractory materials; or
(iv) Work within
fabric filter compartments, which have not been cleaned out and when the boiler
is in service, other than those who are required to carry out boiler cleaning
as part of their normal duties.
(c) Allowances
paid on a basis other than per hour as specified:
(i) When using
oxyacetylene equipment and/or electric welding equipment, whether during
ordinary working hours or otherwise.
Payment of $1.57 (1.3.06) / $1.64 (1.3.07) / $1.72
(1.3.08) per day or shift or part thereof;
(ii) When
nominated to carry out first aid duties on day/afternoon or night shift.
Payment of $18.87 (1.3.06) / $19.77 (1.3.07) / $20.71
(1.3.08) per week or part thereof;
(iii) Other than
shiftworkers in a continuous process, in circumstances when they are required
to be in charge of plant, a depot, office, or telephone during a meal break.
Payment of $2.54 (1.3.06) / $2.66 (1.3.07) / $2.79
(1.3.08) per day or part thereof; or
(iv) When working
inside septic tanks or sewerage drains.
Single time in addition to normal time.
5.3 Tradespersons
previously referred to as Power Station Mechanical Fitters, who are engaged on
maintenance work on the operator shiftwork roster system at Eraring Power
Station must be paid an allowance of $23.36 (1.3.06) / $24.47 (1.3.07) / $25.63
(1.3.08) per week.
5.4 Administration
Officers previously referred to as Occupational Health Nurses employed on or
before 1 March 2002, must retain payment of the qualification allowances that
they were previously paid. The weekly rate of the allowances will be indexed in
relation to future Award increases.
6. Part-Time
Employment
6.1 Who is a part
time Employee?
A part-time employee is a permanent employee who works
a constant number of hours, which are less than the full-time ordinary weekly
working hours.
6.2 Hours of Work
The minimum number of hours to be worked by a part-time
employee is 14 hours or 2 shifts per week. The minimum number of hours to be
worked per day of attendance is 3 hours and thirty minutes.
6.3 Rates of Pay
Part-time employees are paid the hourly rate for their
classification.
6.4 Overtime
Overtime must be paid in accordance with clause 11
Overtime - Day Work, but only when nominated hours are exceeded or work is
performed outside the spread of ordinary hours.
6.5 Entitlements
Part-time employees must receive the same entitlements
that are contained in the Award for full-time employees. These entitlements are
in proportion to the number of ordinary hours worked to full time ordinary
hours.
6.6 Returning to
Full time Employment
Full-time employees may work part-time subject to
agreement with local management. These employees can return to full time work
at the end of the agreed period of part time work.
7.
Calculation of Service
7.1 In calculating service, Eraring Energy
must include:
(a) Periods of annual and long service leave
(b) Periods of approved leave with pay
(c) Periods of sick leave with or without
pay
(d) Periods of approved leave without pay
not exceeding 20 consecutive working days or shifts
(e) Periods of approved leave without pay
exceeding 20 consecutive days or shifts which Eraring Energy has specifically
authorised to be counted as service.
(f) Periods of absence from work due to
incapacity resulting from injury as defined in Section 6 of the Workers’
Compensation Act, 1926, and Section 49 of the Workers’ Compensation Act, 1987,
for which the employee receives a payment under that Act.
(g) Periods of service as an employee on
probation.
(h) Periods which counted under relevant legislation,
awards or agreements as service with another employer immediately before the
employee joined Eraring Energy under Schedule 3 of the Energy Services
Corporations Act, 1995.
(i) Periods specified for certain employees
under the State Owned Corporations Act 1989.
(j) Periods of service with another
employer where agreement has been reached between Eraring Energy and that
employer.
(k) Any previous period of service with
Eraring Energy in accordance with (a) to (j) for an employee who had resigned
or been discharged and later re-employed.
Discharge means termination as a consequence of retrenchment,
re-organisation or shortage of work, or any reason except dismissal or
retirement on account of ill-health.
(l) Any previous period of service with
Eraring Energy in accordance with (a) to (j) of an employee who had been
dismissed and later re-employed if that employee’s current period of service
under (a) to (j) is more than five years.
(m) Nothing in this clause is intended to
reduce the amount of service previously counted for an employee prior to taking
up service with Eraring Energy.
8. Classification
Review
8.1 Purpose
The purpose of classification review is to determine
and recommend the relative work value and salary point(s) for a position(s).
8.2 Classification
Reviews will involve the use of a job evaluation system unless an alternative
review mechanism has been agreed to between Eraring Energy and a classification
grouping.
8.3 Eraring Energy
will recognise the right of an employee to:
(i) request that
a job evaluation or agreed alternative review mechanism is conducted on their
position.
(ii) to be
represented by another employee who is accredited to participate in the
classification review process.
8.4 The parameters
for assessing the merits of a review must be pursuant to the State Wage Case
(Wage Fixing Principles).
8.5 All
proceedings of Classification Reviews are confidential.
8.6 This clause
will not prejudice or affect any right any person may have under the NSW Industrial
Relations Act 1996.
9. Terms of
Employment
9.1 Payment of
Salaries
If requested by a majority of employees, balancing of
ordinary pay for time worked must be arranged as far as possible so that the
salary payable to employees each week is adjusted to reduce fluctuations in
weekly pay.
9.2 Overtime and
shift work
For the purpose of meeting the needs of the industry,
Eraring Energy may require an employee to work:
(a) Reasonable
overtime, including Saturdays, Sundays and public holidays
(b) Day work or
shift work, or to transfer from one system of working to another, including
transfer from one system of shift work to another.
Unless a reasonable excuse exists, an employee will
work or transfer in accordance with these requirements.
9.3 Termination of
service
Employees’ service may be terminated by:
(a) Resignation,
i.e. voluntary leaving the service of Eraring Energy
(b) Retirement on
account of ill-health, which makes employees unable now and in the future to
perform the duties of their appointed grade. Eraring Energy’s consulting
Occupational Health Physician and/or other medical practitioner, as agreed to
by Eraring Energy and the Secretary of the Union concerned, must issue a
certificate to this effect.
(c) Dismissal
(d) Mechanisation or
technological changes in the industry.
If Eraring Energy terminates the employment of an
employee who has been employed by it for the preceding 12 months, because of
mechanisation or technological changes in the industry, it must give the
employee:
(i) Three months
notice; or
(ii) Pay at the
ordinary rate for the balance if it gives
less than three months’ notice.
This period of three months counts as service for the calculation of
annual leave and long service leave entitlements of the employee.
9.4 Employees who
are absent without approval for a continuous period of five working days for
reasons other than certified sickness, or extenuating circumstances acceptable
to Eraring Energy as satisfactory, shall be deemed to have resigned.
9.5 Period of
notice
Employees must give Eraring Energy one months’ notice
of their intention to resign, unless their terms of employment provides for a
different period.
9.6 In all other
cases of termination, except dismissal, Eraring Energy must give the employee at
least one months’ notice, unless their terms of employment provides for a
different period.
This does not affect the right of Eraring Energy to
dismiss employees without notice. The
salaries of employees who are dismissed, together with their entitlements to
payments for annual and long service leave must be paid up to the time of
dismissal.
9.7 Letter of
Assignment
A Letter of Assignment may be entered into by agreement
between Eraring Energy and an employee in circumstances:
(a) Where Eraring
Energy has a contractual or other obligation to undertake work for a defined
period of time at an external location, either in Australia or overseas; and
(b) Which
necessitates an employee being accommodated away from their usual place of
residence to another, which is remote from that usual residence, for a
continuous period of three months or more.
9.8 A Letter of
Assignment is a formal document as agreed between Eraring Energy and an
employee which may:
(a) Provide for terms
and conditions not in this Award; and/or
(b) Vary an Award
condition.
If no Letter of Assignment is entered into this Award
shall apply.
9.9 A Letter of
Assignment will be in the form provided by relevant guidelines which are agreed
between the parties to this Award.
9.10 Guidelines will
provide a common framework for all staff, but will allow for a Letter of
Assignment to meet the different needs and entitlements of individual
employees, based on their work requirements and individual situations.
9.11 In the
negotiation of Letters of Assignment, managers and employees must share all
information relevant to the assignment; be sensitive to the longer term
employment relationship and be careful to avoid duress on either party to the
negotiation.
9.12 Eraring Energy
will not disclose contents of particular Letters of Assignment. Individual employees may disclose details of
their Letter of Assignment to their union/association and other Eraring Energy
employees.
10. Shift Work
10.1 Types of shift
There are 2 types of shift work:
(a) Regular - in
which an employee works a roster with a 1, 2 or 3 shift system which continues
for 3 or more months; and
(b) Irregular - in
which an employee works a roster with a 1, 2 or 3 shift system which continues for
less than 3 months.
10.2 Both types of
shift work may be worked:
Monday to Friday inclusive; or
Monday to Saturday inclusive; or
Monday to Sunday inclusive.
They may begin and end on any of the days in these
periods.
10.3 Ordinary hours
The ordinary hours of work for shift workers is an
average of 35 hours per week over a roster cycle. Shift workers may be required to work more than 35 hours in one
or more weeks, but the total number of ordinary hours worked in a roster cycle
must not be more than:
Number of weeks in a roster cycle
Multiplied by 35 hours.
10.4 These ordinary
hours must be worked during the hours for which the employees are rostered for
duty.
10.5 Employees who
are required to work more than 11 ordinary shifts in 12 consecutive days, must
be paid at overtime rates for the 12th and following consecutive shifts. (See clause 12 for overtime rates.)
Shift Allowance
10.6 Shift work may
be:
(a) Early Morning
Shift - a shift commencing after 5.00am and before 6.30am.
(b) Afternoon
Shift - a shift finishing after 6.00pm and at or before midnight.
(c) Night Shift -
a shift:
(i) Finishing
between midnight and at or before 8.00am; or
(ii) Commencing
between midnight and at or before 5.00am.
Eraring Energy will decide the commencing and finishing
times of shifts to suit the needs and circumstances of each establishment.
10.7 Shift workers,
who work on a shift work roster, must be paid the following allowances:
Early Morning
|
-the greater of 10% of single time for the shift and $6.80
|
|
|
Afternoon
|
-the greater of 20% of single time and $24.80
|
|
|
Night
|
-the greater of 20% of single time and $24.80
|
10.8 Shift workers
who are engaged on a roster which:
(a) Requires the
working of continuous afternoon or night shifts for more than two weeks; and
(b) Works such
shifts on other than a public holiday, Saturday or Sunday,
must be paid the following allowances:
Continuous Afternoon Shift
|
25% of single time
|
|
|
Continuous Night
|
30% of single time or a reduced Shift number of weekly
hours
|
|
at time and one quarter to give the shift worker the equal
of a
|
|
full week’s ordinary pay.
|
10.9 Shift workers rostered
on other continuous night shift rosters for two weeks or less must be paid for
such shifts the overtime rates in clause 11 Overtime - Day Work.
10.10 Shift workers
working continuous night shifts for two weeks or less and work such shifts on a
public holiday must be paid in accordance with 10.12.
10.11 The allowances
are not paid to shift workers for overtime or for any shift for which they are
paid overtime penalty rates.
Shift Penalty
10.12 Public Holidays
Shift workers must be paid for all time worked on a
rostered shift on a public holiday the penalty of 150% of single time.
10.13 Other than
Public Holidays
Shift workers must be paid the following penalties for
all shifts worked on the following days that are not public holidays:
Shift
|
Penalty
|
|
|
(a)
|
Saturday - all shifts
|
50% of single time
|
(b)
|
Sunday - all shifts
|
100% of single time
|
10.14 Only one rate to
apply
Only the highest penalty rate can apply if more than one
penalty could apply to a particular period of work.
Roster Loading
10.15 Payment of
roster loading is made as compensation for the unevenness of payments under
this award. Payment is also made instead
of shift disabilities not covered by payments under this Award including:
(a) The variety of
starting and finishing times
(b) The need to be
readily available for work and to work, as required, during crib breaks and at
all other times during the shift
(c) Minor
variations to established duties
(d) The
requirement to work as rostered on any day of the week.
10.16 Roster Loading -
rates
The roster loading for ordinary hours actually worked
is:
(a) 4.35% of
salary for:
(i) employees on
7 day continuous shift work rosters
(ii) employees
regularly rostered to work ordinary shifts on both Saturdays and Sundays
(iii) employees
rostered to work continuous afternoon or night shifts
(iv) employees
working day shift only including a shift on Sundays
(b) 2.12% of
salary for:
(i) employees on
rotating shift work who are rostered to work ordinary shifts involving
afternoon and/or night shifts but who are not regularly rostered to work
ordinary shifts on both Saturdays and Sundays
(ii) employees working
day shift only on Monday to Saturday
10.17 Roster loading -
different grade duties
Employees carrying out higher grade duties on shift
work must be paid the roster loading for the higher grade classification.
Employees carrying out lower grade duties on shift
work, including those on retained rates, must be paid the roster loading for
their regular classification or retained rates as the case may be.
10.18 Roster Loading -
excluded Employees
Roster loading is not payable to employees, who are: engaged
on irregular shift work, ie. in respect of a roster which does not continue for
more than one month and which attracts overtime penalty rates.
10.19 Roster Loading -
during Training
Shift workers required to transfer from one shift to
another to undergo training must be paid the roster loading appropriate to:
(a) The shift
roster worked immediately before the training if the period of training is less
than 5 consecutive working days; or
(b) The new shift
roster if the period of training continues for 5 or more consecutive working
days
10.20 Day workers
required to transfer to a shift work roster to undergo training must be paid
the roster loading appropriate to the shift roster if the period of training
continues for at least 5 consecutive working days.
General
10.21 Payment while at
Training school
Shift workers must be paid the roster loading, shift
allowance and penalty rates for public holidays, Saturday and Sunday shifts, which
they would have received for their appointed duties if they are:
(a) Training for
appointment to a position in their existing or higher grade; or
(b) Attending
refresher training courses; or
(c) Attending
general training courses and/or station training courses to qualify to carry
out higher grade duties.
Payments must not include any overtime or higher grade
which might have otherwise been worked.
10.22 Public holidays
Shift workers who, on a public holiday;
(a) Work an
ordinary rostered shift; or
(b) Are rostered
off duty (except when on annual or long service leave)
Are entitled to have a day added to their annual leave
entitlement for each public holiday prescribed in clause 22 of the award. If higher grade pay is involved, the
provisions of 15.4 apply.
10.23 Not required to
work on a Public holiday
Shift workers when, according to their controlling
officer, are not required for work on a public holiday for a shift for which
they are normally rostered must observe the holiday. However, they must be told at least 96 hours before the shift
begins that they are not required. They
must be paid for all ordinary time not worked in respect of the public holiday
at the rate of single time.
10.24 Shift worker on
a Five day shift - Public holidays
Shift workers, who are on a five-day shift system,
Monday to Friday, must be paid for public holidays observed on Monday to
Friday.
10.25 Mutual stand
down
Shift workers who:
(a) Are rostered
for duty on a shift falling on a Saturday or Sunday; and
(b) According to
the controlling officer are not required for duty on such day(s) May, by mutual
arrangement with the person responsible for the work team, not attend for duty
on such day(s).
They must be paid for all ordinary time not worked at
the rate of single time.
10.26 Shift work day
If a shift starts on one day and finishes on the next,
the day in which the most hours are worked is taken to be the shift work day.
10.27 Time of transfer
from a shift
When employees are transferring from one system of work
to another (including a transfer from one system of shift work to another
system of shift work), they are:
(a) Entitled to
all the conditions of the current system of working until they actually begin
working in the new system; and
(b) Considered to
have been transferred only from the time they begin to work in the new system.
10.28 Ten hour break
Shift workers are entitled to at least a 10-hour break
between finishing shift work and commencing day work.
10.29 Day workers
relieving on regular shift work
Day workers who are required to relieve temporarily on
regular shift work must be paid:
(a) At the rate of
time and one half when the ordinary commencing time of the first relief shift is
less than eight hours after the employees’ actual finishing time under day work
conditions
(b) At a rate of
time and three quarters when:
(i) The shift is
on a Saturday; and
(ii) When the
employees have not had an eight-hour break after actual finishing time under
day work provisions.
If eight hours or more elapse the first and subsequent
shifts shall come under ordinary shift work conditions and the employees shall
be considered to be employed on regular shift work.
However, employees must be paid at the rate of time and
one quarter for any such shifts where 48 hours notice prior to commencement is
not given.
10.30 Day workers on
irregular shift work
Day workers required to work relieving temporarily on
irregular shift work, must be paid for the ordinary hours worked on that
roster:
(a) Overtime rates
for day workers if the shift work lasts for 2 weeks or less; or
(b) If it lasts
for more than 2 weeks and less than 4, overtime rates for ordinary hours worked
in shifts for the first 2 weeks, and time and one half for ordinary hours
worked in shifts for the next 2 weeks
10.31 Change of roster
or shift
Shift workers who are changed from one shift roster to
another or from one shift to another must be paid:
(a) At least time
and one quarter for any shift which they begin within 48 hours from the end of
the shift in which they were given notice of the change of roster or shift;
(b) Overtime rates
for the shift which they work without a break following the shift in which they
were given notice of the change.
10.32 Notice after
absence from duty
Shift workers must advise the person responsible for
their work team at least 8 hours beforehand when they intend to report for duty
after being absent from duty.
10.33 The person responsible
for their work team may send them home if they do not do so.
They are not entitled to any payment for the shift.
Handover
10.34 Shift workers
required to handover at the end of a shift must stay at their work station
until:
(a) The appropriate
relieving member of the oncoming shift has arrived at the work station; and
(b) The shift
worker has informed the relieving member of the current status of running plant
and/or maintenance so that the relieving member can start work immediately.
10.35 If handover is
part of a shift worker’s normal requirements on a shift, those shift workers
are entitled to time off at the equivalent rate of 13.33 minutes for each
shift. When shift workers transfer from
one roster to another, this time off must be taken in accordance with the
roster systems to which they are transferring.
They are entitled to this time off even when they are absent from work
on paid leave.
10.36 Handover time is
to be added together during a roster cycle until it amounts to the time of a
full shift. It may then be rostered to
be taken off at ordinary time. Any
periods in a roster cycle less than a full shift are to be carried forward to
the next cycle. Employees with periods
of handover time less than a full shift may be rostered off if approved by
local management.
10.37 Any time off as
a result of handover time is considered as a non-working day. Shift workers who are required to work on
such a day, must be paid overtime in addition to payment for the handover
shift.
10.38 If handover is
not a normal feature of a roster, shift workers may be paid overtime if they
are required to handover on a specific occasion
10.39 If a roster
contains shifts where handover is not a requirement, the calculation of time
off will:
(a) Not be related
to such shifts; and
(b) Only relate to
those shifts in the roster where handover is required.
10.40 Overtime shifts
are not included in calculating handover time.
10.41 Crib breaks
Shift workers are entitled to a paid crib break of 20 minutes
during an eight-hour shift, with an additional 20 minutes paid break available
during a 12 hour shift.
10.42 Twelve hour
Shifts
The following provisions will apply to Operators
Eraring when working 12 hour shift rosters:
(a) Each ordinary
shift will be of 12 hours duration.
(b) Payment will
be in accordance with the 7 x 3 x 8 hour roster.
(c) No benefits
additional to those applying to the 7 x 3 x 8 hour roster will be accumulated
in relation to sick, annual, long service leave or public holidays.
(d) There will be
2 ordinary shifts per day with day shift being from 7:00am to 7:00pm and night
shift being from 7:00pm to 7:00am
(e) Twelve hour
shift workers who, on a public holiday;
(i) Work an
ordinary rostered shift; or
(ii) Are rostered
off duty (except when on annual or long service leave)
Are entitled to have 8 hours added to their annual
leave entitlement for each public holiday prescribed in clause 22 of the
Award. If higher-grade pay is involved,
the provisions of subclause 15.4 apply.
If observing a public holiday an employee will lose 12
hours annualised salary allowance.
(f) When taking
annual leave, employees will be debited 12 hours from their annual leave
balance. No loss of allowances will apply
as per annualised salary agreement.
(g) There will be
no decrease in superannuation entitlements due to a change from an eight hour
shift roster to a 12 hour shift roster.
(h) Allowances and
Penalties
(i) Saturday -
1.5 x hours of shift
Sunday
|
2.0 x hours of shift
|
Public Holidays
|
2.5 x hours of shift
|
Shift Allowance (night shift)
|
1.2 x hours of shift i.e. 20%
|
Shift Allowance (day shift)
|
1.2 x 4 hours of shift i.e. (3:00pm to 7:00pm)
|
(ii) Roster
loading "A" (all shifts) 4.35%
(iii) Monday to
Friday shifts:
Roster loading "A" and 4 hours shift
allowance to be deducted for day shift (12 hours) on sick leave not supported
by a medical certificate
Roster loading "A" and shift allowance to be
deducted for night shift (12 hours) on sick leave not supported by a medical
certificate
(iv) Saturday and
Sunday shifts:
Appropriate weekend penalty to be deducted for (12
hours) on sick leave not supported by a medical certificate
Roster loading "A" and 4 hours shift allowance
to be deducted for day shift (12 hours) on sick leave not supported by a
medical certificate
Roster loading "A" and shift allowance to be
deducted for night shift (12 hours) on sick leave not supported by a medical
certificate
(v) Public
Holidays:
Appropriate public holiday penalty to be deducted on
sick leave not supported by a medical certificate
Roster loading "A" and 4 hours shift
allowance to be deducted for day shift (12 hours) on sick leave not supported
by a medical certificate
Roster loading "A" and shift allowance to be
deducted for night shift (12 hours) on sick leave not supported by a medical
certificate
(i) Handover time
will be (20) minutes each shift.
11. Overtime - Day
Work
11.1 What is
overtime?
Overtime is all time worked on:
(a) Mondays to
Fridays before ordinary commencing times
(b) Mondays to
Fridays after ordinary finishing time
(c) Saturdays
(d) Sundays
(e) Public
Holidays
11.2 How is it
calculated?
In calculating how much overtime a day worker works, each
working day is treated separately.
Periods worked before the ordinary commencing time and after the
ordinary finishing time on a particular day are added together to give the
worker’s total overtime for that day.
When a new day starts, the calculations begin again, except that
overtime which begins on one day is counted for that day, even if it continues
into the next day.
11.3 What are the
rates of pay?
Day workers must be paid the following rates for
overtime:
DAY
|
PERIOD
|
RATE
|
|
|
|
(a) Monday to Friday
|
first two hours
|
1.5
|
|
after two hours
|
2.0
|
|
|
|
(b) Saturday (not a public
holiday
|
before midday
|
|
|
- first two hours
|
1.5
|
|
- after two hours
|
2.0
|
|
after midday
|
|
|
- all hours worked
|
2.0
|
|
|
|
(c) Sunday (not a public
holiday)
|
|
2.0
|
|
|
|
|
|
|
(d) Public holiday
|
in ordinary working
hours
|
2.0 +
|
|
|
ordinary pay
|
|
outside ordinary
working
|
|
|
hours
|
2.0
|
11.4 Minimum payment
for non merging overtime
An employee must be paid a minimum of 4 hours at the
appropriate overtime rate if the period of overtime the employee is required to
work is not connected to the ordinary working time. (This does not apply to an employee required to standby under
clause 23 - Standby Allowance).
11.5 Non-merging
overtime of less than four hours duration is not treated as overtime for the
purposes of a 10 hour break.
11.6 Cancellation
If Eraring Energy cancels a period of prearranged
overtime for any reason at short notice, it must pay the employee if notified:
(a) At home within
one hour of the time the employee was to leave home - one hour at single time
(b) Between the
employee’s home and the place of work - 3 hours at single time
(c) At the place
of work - 3 hours at the appropriate overtime rate.
However an employee who has reported at the place of
work may be required to carry out alternative work for a minimum of 3
hours. Employees who refuse to do this
work are not entitled to any overtime payment but they will be paid excess
travel and fares, where applicable.
11.7 Travel
associated with merging overtime
Employees, who work overtime which merges with normal or
rostered working hours, must have their travel to and/or from their homes,
arranged by Eraring Energy, if reasonable means of public transport are not
available. Additional time and/or costs
incurred will be paid in accordance with clause 24 - Travelling Time and Fares.
11.8 Travel
associated with non-merging overtime
Employees, who work overtime which does not merge with
normal or rostered working hours, must be paid for all reasonable time
travelled, except when they receive a minimum payment in accordance with 11.4.
Employees shall receive the amount by which the sum of
the actual time worked, at the appropriate rate, plus the entitlement to
travelling time, in accordance with clause 24 - Travelling Time and Fares,
exceeds the minimum payment.
Eraring Energy must reimburse employees for any fares
incurred.
11.9 Telephone
allowance
Day workers who do not receive a stand-by allowance or
a subsidised telephone and who are called out by telephone to work overtime
must be paid an allowance of $9.23 (1.3.06) / $9.67 (1.3.07) / $10.13 (1.3.08)
for each occasion they work overtime.
The employees must travel to their work location by their own means.
11.10 Time off after
overtime - 10 hour break
Whenever reasonably practicable, Eraring Energy must
arrange overtime so that employees have at least 10 consecutive hours off duty
between completing their ordinary work on one day and beginning it on the next.
11.11 If employees
resume or continue work without a 10-hour break, Eraring Energy must pay them
double time until released from duty.
They may then be absent until they have had a 10 hour break.
11.12 Employees must
be paid at ordinary rates for any working time which occurs during this 10 hour
break.
11.13 The conditions
in 11.10 and 11.11 do not apply to overtime for which a minimum payment is
applicable.
11.14 If employees:
(a) Are recalled
to work overtime whether notified before or after leaving their place of work;
and
(b) Would normally
be required to work on the next day, then the employees may defer their
ordinary commencing time for that day for a period equal to the time worked
between 11:00pm and 5:00am.
11.15 If employees are
required to continue to work during part of the period they would normally
stand down, Eraring Energy must pay these employees for the period of stand
down not taken at overtime rates.
11.16 Standing-by for
overtime
Employees required to hold themselves in readiness to
work overtime after their ordinary finishing time must be paid for that time at
ordinary rates for the period between the ordinary finishing time and the
commencement of the overtime. However,
this condition does not apply to employees required to stand-by under clause 23
- Standby Allowance.
12. Overtime - Shift
Work
12.1 What is
overtime?
Overtime is all time worked by shift workers before
commencing time or after finishing time of rostered shifts.
12.2 How is it
calculated?
In calculating how much overtime a shift worker works,
each working day is treated separately.
Periods worked before the ordinary commencing time and after the
ordinary finishing time on a particular day are added together to give the
worker’s total overtime for that day.
When a new day starts, the calculations begin again, except that
overtime which begins on one day is counted for that day, even if it continues
into the next day.
12.3 What are the
rates of pay?
Shift workers must be paid the following rates for
overtime:
DAY
|
PERIOD
|
RATE
|
|
|
|
(a) Monday to Friday
|
first two hours
|
1.5
|
|
after two hours
|
2.0
|
|
|
|
(b) Saturday (not a public holiday)
|
before midday
|
|
|
- first two hours
|
1.5
|
|
- after two hours
|
2.0
|
|
after midday
|
|
|
all hours worked
|
2.0
|
|
|
|
(c) Sunday (not a public holiday)
|
|
2.0
|
|
|
|
|
|
|
(d) Public holiday
|
all hours worked
|
2.5
|
12.4 Time worked -
during rostered break
All time worked during a shift worker’s rostered break is
paid at the rate of double time.
(A shift worker’s rostered break is a period of at
least one day’s duration, when the shift worker is not required to work an
ordinary shift).
12.5 Time worked -
on non-working days
Employees who:
(a) Work on a Saturday
or Sunday while rostered on a five day, Monday to Friday, shift system; or
(b) Work on a
Sunday while rostered on a six day, Monday to Saturday, shift system;
shall be paid at ordinary overtime rates for the day(s)
concerned.
12.6 Minimum payment
for non merging overtime
An employee must be paid a minimum of 4 hours at the
appropriate overtime rate if the period of overtime the employee is required to
work is not connected to the ordinary working time. (This does not apply to an employee required to standby under
clause 23 - Standby Allowance).
12.7 Non-merging
overtime of less than four hours duration is not treated as overtime for the
purposes of a 10-hour break.
12.8 Regular shift
work - merging overtime
Employees who:
(a) Are required to
work irregular shift work; and
(b) Are being paid
double time for the ordinary time they work in accordance with subclause 10.30;
and
(c) Work overtime
which merges with the finishing time of the shift they are working;
must be paid at the rate of double time for that
overtime.
12.9 Time off after
overtime - 10 hour break
Whenever reasonably practicable, Eraring Energy must
arrange overtime so that employees have at least 10 hours off duty:
(a) Between completing
their ordinary work on one shift and commencing the next shift; or
(b) If working
away from their headquarters and incurring excess travelling time.
12.10 If employees
resume or continue work without a 10-hour break, Eraring Energy must pay them
double time until released from duty.
They may then be absent until they have had a 10 hour break.
12.11 Employees must
be paid at ordinary rates for any working time which occurs during this 10-hour
break.
12.12 If employees are
required to continue to work during part of the period they would normally
stand down Eraring Energy must pay these employees for the period of stand down
not taken at overtime rates.
12.13 Employees who
have returned home after working overtime during a rostered break are entitled
to the ten hour break provision in respect of the period before commencement of
the next ordinary shift.
12.14 Time off between
shifts
The rest period off duty must not be less than 8
consecutive hours for the purpose of changing shift or shift rosters or where a
shift is worked by arrangement between employees themselves.
12.15 Shift
workers called out - not on standby
Shift workers must be paid double time for any overtime
worked if they:
(a) Have completed
their ordinary shift and returned home; and
(b) Are notified
after leaving their place of work that they are required to work overtime; and
(c) Start the
overtime 2 hours or more before the starting time of their next ordinary shift;
and
(d) Continue to work
up to the starting time of that shift.
If the overtime finishes before the next ordinary shift
starts, the shift workers are to be paid double time for the overtime worked,
with a minimum payment equal to 4 hours at the appropriate overtime rate.
If the overtime commences less than two hours before
the commencing time of the next rostered shift, such overtime will be paid at
the appropriate rate, provided that the overtime worked merges with the
commencing time of the next rostered shift.
If the overtime finishes before the next ordinary shift
starts the shift workers are to be paid at the appropriate overtime rate for
the time worked, with a minimum payment equal to four hours at the appropriate
overtime rate.
12.16 Notified of
overtime before leaving work
Shift workers must be paid at the appropriate overtime
rate for any overtime worked if they:
(a) Are notified
before leaving their place of work; and
(b) Commence a
period of overtime which does not merge with their current ordinary shift; and
(c) Continue to
work up to the starting time of their next ordinary shift.
If the overtime finishes before the next ordinary shift
starts, shift workers are to be paid at the appropriate overtime rate for the
time worked with a minimum payment equal to four hours at the appropriate
overtime rate.
12.17 Telephone
allowance
Shift workers who do not receive a stand-by allowance
or a subsidised telephone and who are called out by telephone to work overtime
must be paid an allowance of $9.23 (1.3.06) / $9.67 (1.3.07) / $10.13 (1.3.08)
for each occasion they work overtime.
The employees must travel to their work location by their own means for
which payment is prescribed by clause 24 - Travelling Time and Fares.
12.18 Twelve hour
maximum
If shift workers have to work overtime for 4 or more
days due to a temporary shortage of trained staff, Eraring Energy may arrange
the overtime so that each normal shift plus the overtime does not exceed a
total of 12 hours.
12.19 When overtime is
not paid
Shift workers are not entitled to be paid overtime
rates if the cause of the work arises from:
(a) The customary
rotation of shifts; or
(b) Arrangements
between or at the request of the shift workers themselves.
13. Meal Allowances
on Overtime
13.1 When are meal
allowances paid?
Employees must be paid a meal allowance for each
continuous period of overtime as follows:
One meal allowance after 1 hour 30 minutes worked. A
second meal allowance after 5 hours worked.
(a) An employee is
not entitled to more than two meal allowances for any one period of continuous
overtime.
(b) Employees must
be paid a meal allowance if they have prepared a meal in readiness for working
overtime, which was cancelled at short notice.
(c) The meal
allowances will be paid at a rate determined by the Australian Taxation Office.
14. Meal Breaks - Day
Work
14.1 Employees are
entitled to normal meal breaks on ordinary working days unless there is an
emergency.
14.2 Employees may take
meal breaks as they fall due or at some other time by arrangement with the
supervisor. However, employees must not
go without a meal break for more than 5 hours unless there is an emergency.
14.3 Disrupted meal
breaks
Employees who are unable to take all or part of their
normal meal break must be paid:
(a) overtime for
the untaken part of the meal break; and
(b) overtime rates
until such time the meal break is taken.
14.4 Overtime -
Monday to Friday
Employees who are required to work overtime for a
continuous period either before their ordinary commencing time or after their
ordinary finishing time are allowed:
(a) after 1 hour
30 minutes - a meal break of 20 minutes
(b) after 5 hours
- a second meal break of 20 minutes.
(c) after 9 hours
- a third meal break of 20 minutes.
14.5 The meal break
must be paid at the appropriate overtime rate.
14.6 Employees may
take the first meal break:
(a) during
ordinary working hours without loss of pay if the entitlement coincides with
the ordinary commencing time; or
(b) at the
commencement of the overtime or later by arrangement with the supervisor, if
the period of continuous overtime begins after the ordinary finishing time.
14.7 Overtime -
Saturday, Sunday or public holiday
Employees who are required to work for a period of
continuous overtime on a Saturday, Sunday or public holiday are entitled to:
(a) a meal break
of 20 minutes with pay only if they are working during what would be their
ordinary working hours and the overtime is for more than 4 continuous hours;
and/or
(b) meal breaks
with pay as set out in 14.4.
14.8 Overtime - meal
breaks count
Meal breaks with pay allowed in connection with
overtime are considered to be overtime.
They do not break continuity and must be included in computing the
amount of overtime worked by employees.
14.9 Overtime -
extension of meal break
Employees may extend meal breaks during overtime up to
one hour if the supervisor agrees. The
time in excess of 20 minutes is not paid.
15. Higher Grade Work
and Pay
15.1 Obligation to
work in a higher grade
Employees must carry out work at a higher grade as
directed where reasonable and practicable for them to do so and must be paid in
accordance with the provisions of this clause.
15.2 Payment for
higher grade work
Employees who are required to perform the duties and
assume the responsibilities of a higher grade position which is vacant or the
appointee of which is absent or is working in another position, must be paid
the salary to which the employees would have been entitled if appointed to that
position.
Where employees are required to perform additional
duties or assume additional responsibilities above those for their current position
for a specified period, payment shall be made in line with the additional
duties and responsibilities undertaken.
Wherever practicable the rate of pay applicable to the
higher graded duties shall be determined prior to the commencement of the acting.
Employees who work at a higher grade for more than four
hours must be paid at the higher grade rate for all ordinary time worked during
the day or shift.
The performance of higher graded duties must not
continue for more than six months without the Managing Director’s
approval. This will only occur in
exceptional circumstances.
15.3 Payment for
Leave, Sick Leave etc
Employees must be paid higher grade pay during the
following categories of leave or absence:
(a) Annual leave,
paid sick leave and periods of absence on accident pay, if they have been paid
the higher grade pay;
(i) for a
continuous period of three calendar months immediately before the leave, such
continuity being considered unbroken where absences on special leave, sick
leave, or accident pay, or the carrying out of lower graded work, totalling not
more than 5 working days or shifts have occurred during this period; or
(ii) for broken
periods which total more than six months, during the 12 calendar months
immediately before the leave is taken.
(b) Long service
leave, if they have been paid higher grade pay for a continuous period of 12
calendar months immediately before the leave is taken.
Any time spent in another position equal to or higher
than the grade of the position in which employees are acting must be counted as
having been spent in the position under consideration in calculating whether
the employees are entitled to higher grade pay for the purposes of this clause.
15.4 Public Holidays
Employees must be paid higher grade pay for a public
holiday if they receive that pay for at least the day preceding and for at
least the day following the public holiday.
15.5 Overtime
Employees who are being paid a higher grade rate must be
paid for overtime at that rate if they have been carrying out higher graded
duties for one working day or shift immediately before and continuous with the
period of overtime.
15.6 Training in
Higher Grade
Employees undertaking training for the purpose of
gaining experience in a higher graded position must not be paid at the higher
grade rate where:
(a) The appointed
occupant of the position remains on duty and retains the responsibilities of
the position;
(b) The periods of
training do not exceed a continuous period of three months;
(c) In the case of
non continuous training the periods of training do not exceed six months during
a twelve calendar month period.
15.7 Lower graded
work
When directed, employees must carry out lower graded
work that is temporarily required and be paid not less than their current
salary point.
16. Clothing and
Tools
16.1 Basis of issue
(a) Eraring Energy
will issue clothing or other articles considered necessary for protection from
injury, the elements and as required for specific work environments.
(b) Eraring Energy
will issue tools at its discretion
16.2 Responsibility
of employees
Employees are responsible for:
(a) the proper
care of any clothing or other article issued; and
(b) the laundering
of clothing issued to them, unless specifically exempted by Eraring Energy
16.3 Replacement
(a) Eraring Energy
will replace clothing and footwear when worn out, lost or unsuitable for the
purpose for which they were issued.
(b) An employee
must replace or pay for any item of clothing or tools lost or damaged through
misuse or negligence.
(c) An employee
must satisfactorily account for any damaged or lost articles. Eraring Energy’s decision in the matter is
final.
17. Annual Leave
17.1 Amount of leave
Employees are entitled to the following amounts of
annual leave after each 12 months’ service:
(a) Day workers -
140 hours
(b) Shift workers
on 7 day rotating roster - 140 hours plus:
(i) 35 hours
after 12 months on the roster; or
(ii) a proportionate
amount of 35 hours for periods less than 12 months of the roster.
(c) Shift workers
on other than 7 day rotating roster - 140 hours.
140 hours is the equivalent of four weeks annual leave
and is not intended to reduce the entitlement to leave under the Annual
Holidays Act 1944.
17.2 Public holidays
falling within a period of leave
Annual leave does not include public holidays.
17.3 Rate of pay
Annual leave is paid as follows:
(a) Day worker -
full pay
(b) Shift worker
(i) Ordinary rate
of pay plus the employee’s ordinary shift work penalty payments, had the
employee not been on annual leave; or
(ii) Ordinary rate
of pay if the roster loading under clause 10 - Shift Work is more than the
ordinary shift work penalty payments.
17.4 When can leave
be taken?
By mutual agreement, an employee may take annual leave:
(a) On or after
its due date or as rostered; or
(b) Before its due
date if approved:
(i) Where a
rotating annual leave roster operates; or
(ii) Where there are
special circumstances.
17.5 If an employee
or Eraring Energy terminates his or her services for any reason, any amount
paid for annual leave which the employee has taken before its due date is an
overpayment. Eraring Energy may
subtract the amount of overpayment from any money payable to the employee on
his or her termination without affecting its rights to recover the overpayment
through court proceedings.
17.6 Notice of leave
Employees must give notice that they intend to take
annual leave as soon as practicable and at least one month before the leave
begins. However, if Eraring Energy
agrees that extenuating circumstances exist, annual leave may be approved at
shorter notice.
17.7 Leave on
terminating service
If the service of an employee is terminated for any
reason Eraring Energy must pay the employee or the employee’s personal legal
representative:
(a) Accrued annual
leave for completed years of service; and
(b) 8.3% of the
weekly rate of pay at the employee’s appointed grade on termination for each
completed or part week of service, for the current leave accrual year.
17.8 Annual leave at
half pay
An employee may take annual leave on half pay only at a
time suitable to Eraring Energy and at its discretion. If half pay is chosen then the employee is
entitled to a period of absence twice the amount of entitlement.
18. Long Service
Leave
18.1 What service
counts?
In calculating how much long service leave an employee
is entitled to, Eraring Energy must include:
(a) actual service
with Eraring Energy
(b) periods of
service under clause 7 - Calculation of Service.
Employees, who have taken or been paid for long service
leave accrued in their previous period(s) of service and who are re-employed, will
have those previous period(s) of service counted for qualifying purposes only
for future entitlements.
18.2 At what rate
does leave accrue?
Long service leave accrues as follows:
Length of Service
|
Amount of Leave
|
10 years =
|
13 weeks
|
15 years =
|
19.5 weeks
|
20 years =
|
30.3333 weeks
|
each year after 20 years
|
2.1666 weeks.
|
It is not intended to reduce the entitlement to leave
under the Long Service Act 1955.
Transferred employees with periods of service listed in
subclauses 18.1and 7.1 must get an amount of long service leave at least equal
to that to which they would have been entitled if they had not
transferred. Any part of their
entitlement which they have received from their previous employer is deducted
from the total amount due from Eraring Energy.
18.3 The entitlement
for length of service in between any of the periods listed in subclause 18.2 is
worked out on a proportional basis.
18.4 How is leave
paid?
Long service leave is paid at the employee’s appointed
rate of pay at the time the leave is taken.
Upon termination of employment with Eraring Energy, payment of the value
of the long service leave is based on completed weeks of service.
18.5 When can leave
be taken?
Employees may clear long service leave as it becomes
due. However, if the time of taking the
leave would seriously inconvenience Eraring Energy, then it must be postponed
to a time on which both the employee and Eraring Energy can agree.
18.6 An employee may
take long service leave:
(a) On full pay:
(i) In periods of
four weeks or more; or
(ii) With the
agreement of Eraring Energy in periods of
not less than two weeks; or
(b) On half pay
only at a time suitable to Eraring Energy and at its discretion. If half pay is chosen then the employee is
entitled to a period of absence twice the amount of entitlement.
18.7 Employees must
give Eraring Energy at least one month’s notice before the date they intend to
take long service leave.
18.8 Public holidays
falling during leave
Long service leave does not include public holidays.
18.9 On leaving
between five and ten years
If an employee has completed at least 5 years’ service,
then the employee is entitled to a proportional amount of long service leave
equal to 1.3 weeks for each year of total service if:
(a) Eraring Energy
terminates the service of the employee for any reason; or
(b) The employee
ceases work because of illness, incapacity, or domestic or other pressing
necessity; or;
(c) The employee
dies.
Eraring Energy must pay the employee (or the legal
representative in the case of death) a cash amount equivalent to the leave.
18.10 After 10 years
If an employee has completed on the termination of
employment at least 10 years’ service which entitles the employee to long
service leave, then Eraring Energy must pay the employee (or legal
representative in the case of death) a cash amount equivalent to any untaken
leave.
19. Sick Leave and
Accident Pay
19.1 When may
employees be granted sick leave
Employees may be granted sick leave, either with or
without pay, when they are absent from work because:
(a) they are
personally ill or injured; or
(b) they visit a
medical practitioner for advice and/or treatment for actual or suspected
personal illness or injury and they comply with the regulations in subclauses
19.18 to 19.26.
19.2 When will sick
leave not be granted
Employees will not be granted sick leave when:
(a) they have
workers’ compensation approved; or
(b) subject to
section 26 of the Industrial Relations Act 1996, the personal illness or injury
was caused or substantially brought about by:
(i) the
employees’ wilful act, misconduct or negligence; or
(ii) participation
in a game involving risk of injury unless Eraring Energy accepts that the
participation is beneficial for the health and efficiency of the employee; or
(iii) participation
in other employment.
19.3 Amount of sick
leave
(a) The amount of
sick leave with pay which may be granted will be ascertained by crediting each
employee with the following periods:
|
Leave on full pay -
hours
|
Upon completion of three months’ service
|
126
|
Upon completion of twelve months’ service
|
126
|
Upon completion of each additional 12 months’ service
|
126
|
These periods are cumulative. In crediting the above amounts after the completion of each year
of service, the minimum requirements of Section 26 of the Industrial Relations Act
1996, will be taken into account.
(b) Employees may
apply to be paid sick leave at half pay for exceptional circumstances.
(c) All employees
transferred to Eraring Energy under the provisions of the Energy Services
Corporations Act 1995, retain their sick leave credits they had at the date
of transfer.
19.4 Calculation of
entitlements
When calculating the amount of sick leave with pay for
which employees are eligible, sick leave which has been granted at full and
half pay respectively will be deducted from the entitlements in subclause 19.3.
19.5 Calculation of
an employees’ entitlements
For each employee, the number of days for which paid
sick leave has already been granted is calculated by the formula:
Total hours paid sick leave taken X 5, divided by the
employee’s ordinary weekly working hours.
19.6 Maximum period
of leave
The maximum period of continuous paid sick leave is
ordinarily 52 weeks.
19.7 Eraring Energy
may approve additional sick leave with pay if:
(a) The employee
still has sick leave with pay outstanding after 52 weeks; or
(b) If all sick
leave with pay has been exhausted but Eraring Energy considers exceptional
circumstances exist, such as the employees’ length of service.
19.8 Leave to count
as service
Any period of sick leave, with or without pay, or leave
on accident pay that Eraring Energy approves, counts as service.
19.9 Retirement -
ill health
Eraring Energy may retire employees on account of
ill-health, which makes employees unable now and in the future to perform the
duties of their appointed grade.
Eraring Energy’s Occupational Health Physician consultant and/or other
medical practitioner, as agreed to by Eraring Energy and the Secretary of the
Union concerned, must issue a certificate to this effect.
19.10 Retirement and
sick leave
If Eraring Energy decides to retire an employee because
of ill-health, the retirement must begin only after the employee has exhausted
all sick leave credits.
Employees will not be granted any additional sick leave
after Eraring Energy decides that they are to be retired ill-health. Where ever practicable, 14 days’ notice of
the intention to retire will be given to the employees concerned.
19.11 Sickness during long
service leave and annual leave
If employees are personally ill or injured during
annual or long service leave and produce appropriate medical evidence that they
were unable to derive benefit from the leave, they must be granted, if they so
elect, to have the period of illness or injury approved as sick leave:
(a) For periods of
one working day or more in the case of annual leave; or
For a period of at least 5 consecutive working days in
the case of long service leave.
19.12 Public holidays
during sick leave
A public holiday will not be counted as sick leave for
employees if:
(a) It occurs
during a period of absence on approved sick leave; and
(b) They would not
have been required to work on that day.
19.13 Shift workers
may elect to be paid at single time in substitution for sick leave if they:
(a) Do not work a
shift for which they are rostered on a public holiday because of personal
illness or injury; and
(b) Comply with
the provisions relating to the granting of sick leave; and
(c) Notify Eraring
Energy of the impending absence before the shift begins; and
(d) Submit an
acceptable medical certificate in accordance with subclauses 19.19 to 19.22.
Shift workers who make this election will not have not
deductions made from their sick leave entitlements.
19.14 Infectious
diseases
Employees may elect to have a period of absence from
work because of contact with a person suffering from an infectious disease or
restrictions imposed by law concerning the disease, either:
(a) Treated as sick
leave; or
(b) Deducted from
their annual leave.
Accident Pay
19.15 Accident pay is
an amount that would bring the workers’ compensation up to the employee’s
substantive salary for the weekly period in which it is paid.
19.16 Employees may be
granted accident pay for a maximum period of 52 weeks if they:
(a) Have workers’
compensation approved; and
(b) Comply with
subclauses 19.17 to 19.24.
However, where special circumstances exist, Eraring
Energy may discontinue accident pay at any time after receipt of such payment
for a period of twenty six weeks.
19.17 How to apply
Employees must claim sick leave or accident pay on the
appropriate forms.
19.18 Medical
examination
If required by Eraring Energy, employees must be examined
by Eraring Energy’s Occupational Health Physician consultant as soon as they
are physically able.
19.19 Absences of
three day or less
Employees must be able to prove to the satisfaction of
their controlling officers that they were unable to attend for duty when
claiming sick leave for three consecutive working days or less.
19.20 Absences of more
than 3 days
Employees must submit a certificate from Eraring
Energy’s Occupational Health Physician Consultant or another medical
practitioner to cover all periods of absence for which the employees claim:
(a) Sick leave
(with or without pay) exceeding three working days which are consecutive days;
or
(b) Accident pay.
19.21 The medical
certificate must contain:
The name of the employee
The period the employee is likely to be unfit for work
The date of which the employee will be able to report
to Eraring Energy’s Occupational Health Physician consultant
The date the employee first consulted a medical
practitioner or Eraring Energy’s Occupational Health Physician consultant
The medical practitioner’s qualifications, name,
address and signature or the signature of Eraring Energy’s Occupational Health
Physician consultant; and
The date of issue of the certificate
19.22 If the certificate
does not include the nature or cause of the illness or injury, Eraring Energy
may refer the employee to a nominated medical practitioner for examination.
19.23 Employees, who
have applied to a medical practitioner for a medical certificate and are unable
to obtain such certificate, must submit a statutory declaration containing:
The name and address of the medical practitioner
The date of the consultation and
The reasons for not obtaining a certificate.
19.24 If Eraring
Energy’s Occupational Health Physician consultant certifies an employee as
unfit for work, the employee must obtain a medical certificate from another
medical practitioner when required by Eraring Energy’s Occupational Health
Physician consultant.
19.25 Sick leave or
accident pay is paid to those employees only from the date on which they first
consulted a medical practitioner and obtained a medical certificate. They may also be paid for a period before
the consultation if the period does not exceed:
(a) Three working
days which are consecutive; and
(b) Two
non-working days; and
(c) Any public
holiday; and
(d) Any special
day off related to the working of a nine day fortnight.
19.26 If Eraring
Energy disputes a medical certificate, a referee may be appointed who is a
medical practitioner agreed on by the employee and Eraring Energy. Any medical certificate issued by that
referee must be accepted by the employee and Eraring Energy as conclusive.
Eraring Energy must pay the fee if the referee decides
in favour of the employee, and employees must pay the fee if the decision is
against them.
Eraring Energy must allow the employee to have leave
with pay for any medical examination by the referee.
19.27 Each employee who
is admitted to hospital must obtain a medical certificate stating:
(a) The date of
admission
(b) The nature of
the incapacity for work
(c) The
anticipated period of absence.
Employees must obtain a medical certificate for each 4
weeks they are in hospital.
20. Family Carer’s
Leave
20.1 Use of sick
leave
An employee with responsibilities in relation to a
class of person set out in 20.5, who needs their care and support, shall be
entitled to use sick leave available from that year’s annual sick leave
entitlement, minus any sick leave taken from that year’s entitlement, to
provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
20.2 Sick leave
accumulates from year to year. In
addition to the current year’s grant of sick leave available under subclause
20.1, sick leave accrued from the previous three years may also be accessed by
an employee with responsibilities in relation to a person who needs their care
and support.
20.3 Eraring Energy
may, in special circumstances, make an additional grant of sick leave. This grant can only be taken from sick leave
accrued prior to the period referred to in subclause 20.2.
20.4 Proof of
illness
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.
20.5 Definitions
The entitlement to use sick leave in accordance with
subclauses 20.1 to 20.4 is subject to:
(i) The employee
being responsible for the care of the person concerned; and
(ii) The person
concerned being:
(a) A spouse of
the employee; or
(b) A de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) A child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(d) A same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) A relative of
the employee who is a member of the same household, where for the purposes of
this 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.
20.6 Notice of
absence
An employee shall, wherever practicable, give Eraring
Energy 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 Eraring Energy by
telephone of such absence at the first opportunity on the day of absence.
20.7 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of Eraring
Energy to take unpaid leave for the purpose of providing care and support to a
member of a class of person set out in 20.5, who is ill.
20.8 Annual Leave
An employee may elect with the consent of Eraring
Energy, subject to the Annual Holidays Act 1944, to take annual leave not
exceeding five days in a single day periods or part thereof, in any calendar year
at a time or times agreed by the parties.
20.9 Time off in
lieu of payment for overtime
An employee may elect, with the consent of Eraring
Energy to take time off in lieu of payment for overtime at a time or times
agreed with Eraring Energy, within twelve (12) months of the said election.
20.10 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.
20.11 If, having
elected to take time as leave in accordance with subclause 20.9, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve (12) month period, or on termination.
20.12 Where no
election is made in accordance with subclause 20.9, the employee shall be paid
overtime rates in accordance with this Award.
20.13 Make-up Time
An employee may elect, with the consent of Eraring
Energy to work ‘make-up time’, under which the employee takes time off ordinary
hours, and works those hours at a later time, during the spread of ordinary
hours provided in this Award, at the ordinary rate of pay.
20.14 An employee on
shift work may elect, with the consent of Eraring Energy to work ‘make-up time’
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
20.15 Rostered Days
off
An employee may elect, with the consent of Eraring
Energy to take a rostered day off at any time, in accordance with subclause 3.6
of this Award.
21.
Bereavement Leave
21.1 An employee other
than a casual employee shall be entitled to up to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in subclause 21.3 below
21.2 The employee must
notify the employer as soon as practicable of the intention to take bereavement
leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
21.3 Bereavement leave
shall be available to the employee in respect of the death of a person
described below
(a) A spouse of the
employee; or
(b) A de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) A child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent, step parent and legal
guardian), grandparent (including step grandparent), grandchild or sibling
(including step 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.
21.4 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.
21.5 Bereavement leave
may be taken in conjunction with other leave available under subclauses 20.7,
20.8, 20.9, 20.10, 20.11, 20.12, 20.13, 20.14 and 20.15 in the said clause 20,
Family Carer’s Leave. In determining
such a request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
22. Public Holidays
and Picnic Day
22.1 Public Holidays
The following days are observed as public holidays:
(a) New Year’s Day
(b) Australia Day
(c) Good Friday
(d) Easter
Saturday
(e) Easter Monday
(f) Anzac Day
(g) Queen’s
Birthday
(h) Labour Day
(i) Christmas Day
(j) Boxing Day
(k) Picnic Day
(l) Other
proclaimed holidays observed throughout New South Wales.
22.2 What is day
worker entitled to?
A day worker is entitled to public holidays without
loss of ordinary pay if the employee is not absent without approval on the
working day before and after the public holiday.
22.3 What is a shift
worker entitled to?
A shift worker is:
(a) Paid for
public holidays in accordance with clause 10 - Shift Work; and
(b) Not entitled
to be paid if absent without approval when the shift worker’s normally rostered
shift falls on a public holiday.
22.4 Are public
holidays paid during a period of absence?
An employee who is entitled to payment for a public
holiday is paid at single time when the public holiday occurs during a period
of:
(a) Approved leave
without pay not exceeding 20 consecutive days or shifts
(b) Approved sick
leave without pay.
22.5 Picnic Day
Picnic Day will be observed by day workers on a day
agreed to by employee/s and local management.
For the purpose of shift rostering, picnic day will fall on the last
Monday in November.
22.6 The conditions
for pay set out in subclauses 22.2 to 22.4 apply to Picnic Day.
23. Standby Allowance
23.1 Who is entitled
to the Allowance?
Employees who are required to be available for emergency
and/or breakdown work at any time and are required to remain in communication
must be paid standby allowance. These
employees are termed "approved employees" and do not include those
who have the allowance included in their salary by agreement between Eraring
Energy and the relevant Union(s).
23.2 Standby work
includes:
(a) restoring
continuity of supply
(b) returning to
safe and proper operating condition any plant or equipment that has broken down
in service, or is likely to break down
(c) carrying out
urgent maintenance work that if not carried out an interruption to supply may
occur.
23.3 Work not
included
Standby work does not include:
(a) overtime that
was arranged before an employee’s normal ceasing time; and/or
(b) work which does
not involve an emergency or breakdown situation.
23.4 How much is the
allowance?
Standby allowance is $164.20 (1.3.06)/$172.00
(1.3.07)/$180.20 (1.3.08) per week.
23.5 Payment of
overtime worked when called out - day workers
"Approved" day workers who are called out and
required to work overtime must be paid in accordance with clause 11 - Overtime
Day Work. They must receive a minimum
payment of an hour and one half at double time.
23.6 Payment of
overtime worked when called out - shift workers
"Approved" shift workers who are notified
after leaving work must be paid in accordance with clause 12 - Overtime Shift
Work if the overtime commences:
(a) two hours or
more before the ordinary time:
(i) double time
when the overtime merges with rostered commencing time
(ii) double time,
with a minimum of three hours at single time, when the overtime does not merge
with rostered commencing time.
(b) Less than two
hours before the ordinary commencing time, the appropriate rate provided for in
clause 12 - Overtime - Shift Work.
Additionally, in the case of non-merging overtime, the
appropriate rate in clause 12 - Overtime - Shift Work applies from the time of
commencing overtime to the time of commencing the next rostered shift.
23.7 Public Holidays
Employees required to be on standby, in accordance with
the provisions of this clause, on a public holiday shall have a day added to
their accrued annual leave entitlement.
23.8 Standby
availability
Employees standing by:
(a) Must not be
required to be constantly available beyond a period of four weeks if other
employees are available for these duties; and
(b) Must have at
least one weekend, comprising two consecutive days, off duty in each four
weeks, without reduction in standby allowance if other employees are not
available.
24. Travelling Time
and Fares
24.1 Employees are
required to travel to and from home and headquarters once at their own expense
in connection with each ordinary working day or rostered shift.
24.2 When can it be
claimed?
Employees are entitled to claim:
(a) excess
travelling time and excess fares when they are:
(i) are required
to work at a location, which takes longer to travel to and from in comparison
to their usual place of work; or
(ii) work
overtime, which merges with ordinary working hours.
(b) Travelling
time and fares when they work overtime, which does not merge with ordinary
working hours.
24.3 Who can claim?
All employees can claim for travelling time and fares
as set out in this clause.
24.4 Employees cannot
claim for any time spent travelling during ordinary working hours or shifts.
24.5 Transport
Employees who start or finish work at a temporary
location or finish overtime at a time when reasonable means of transport is not
available, must be provided with transport by Eraring Energy.
24.6 Method of
payment
All travelling time must be paid at time and one half
and fares calculated under the rate per kilometre method as determined by the
Australia Taxation Office.
24.7 Travelling time
calculation
Calculation of travelling time, including normal travel
to and from work, will be based on the actual time taken in the most reasonable
way and by the most expeditious route available.
Employees living outside a radius of 40km from their
permanent or temporary headquarters will be considered to live at that point.
24.8 Fares
limitation
Fares are not payable to employees for journeys where
transport is provided by Eraring Energy or where employees are in receipt of
other car mileage allowance.
25. Working Away from
Headquarters
25.1 Overnight
absence from home
When Eraring Energy requires employees to be
accommodated away from their homes overnight, it must meet the cost of
accommodation at an agreed standard.
Eraring Energy must also pay employees an allowance for each meal taken
plus an incidental allowance for each nights absence at a rate determined by
the Australian Taxation Office.
25.2 Returning home
after extended periods away
Eraring Energy must allow employees who are away from
headquarters for an extended period of time to return home:
(a) daily or at
each weekend if the location of the temporary headquarters makes it
practicable; or
(b) every third
weekend if daily or weekend return is impractical. Travel between temporary
headquarters and home other than the first and last journeys must be in the
employee’s own time; or
(c) more
frequently if Eraring Energy considers it economical.
25.3 Employees
returning home from their temporary headquarters on approved weekend travel
must be provided with a meal allowance for each forward and return journey,
provided they have worked the full ordinary hours at the temporary headquarters
on the day of travel. The meal allowance will be paid at a rate determined by
the Australian Taxation Office.
26. Grievance and
Disputes Procedures
26.1 This Award
recognises that employees’ grievances should be resolved speedily and
effectively without recourse to industrial action. It is intended that most issues will be resolved informally
between employees and supervisors.
26.2 Employees’ work
related grievances are to be dealt with as follows:
(a) Employees or
Union delegates who have a grievance on any issue shall firstly raise the
matter with their immediate supervisor(s).
(b) The
supervisor(s) shall provide the necessary response as soon as possible but no
later than 24 hours following the grievance being raised.
(c) If an answer
cannot be given within 24 hours a progress report will be given at that time.
(d) When the grievance
has not been resolved to the satisfaction of any party, the issue will be
referred to an Industrial Officer, or where there is no Industrial Officer
available to another senior representative of management.
(e) The Industrial
Officer, or management representative, and union representative will at the
earliest possible time following referral, convene a grievance meeting which
will attempt to resolve the matter.
The meeting should include:
Supervisor Representative
Management Representative
Delegate involved in grievance
Union Official(s) or their representative
(f) The grievance
will be discussed at the meeting with a view to achieving agreement or
resolution.
(g) Until the
matter is resolved by the committee as detailed above, except where a genuine
safety issue is involved or the matter is contained in this Award, the
conditions that applied prior to the dispute will remain, without interruption
and without prejudice to final settlement.
Matters contained in this Award will prevail.
(h) If the matter
is not settled then either:
(i) It shall then
be referred to Unions NSW for their attention so as to provide conferences of
all parties with a view to reaching a solution; or
(ii) If agreement
cannot be reached on the matter through foregoing procedure, it may then be
submitted to the Industrial Relations Commission of New South Wales.
27.
Anti-Discrimination
27.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
27.2 If follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect discriminatory
effect.
27.3 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 or unlawful discrimination
or harassment.
27.4 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.
27.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause
Notes
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
‘Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of the religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.’
28. Telecommuting
28.1 Definition
Telecommuting (or teleworking) is one of a number of
flexible working arrangements, which is intended to be beneficial for both
employees and Eraring Energy.
28.2 Approval to enter
into a Telecommuting Agreement will be at the discretion of Eraring Energy.
28.3 Supporting
documentation
This clause is to be read in conjunction with the
"Telecommuting Guidelines".
28.4 A Telecommuting
Agreement will be in the form provided by relevant guidelines, which are agreed
between the parties to this Award.
29. Miscellaneous
29.1 Holding of
meetings on Eraring Energy’s premises
Permission to hold any meeting on any of Eraring
Energy’s premises must be requested by the Union(s) concerned.
Such a request must be made to the Manager of the
location and:
(a) made by the
Secretary, Executive Officer or accredited union representative of the
Union(s); and
(b) in writing
whenever practicable or verbally where there is not enough time; and
(c) within
reasonable time before the proposed meeting.
The request must include:
(d) the purpose of
the meeting; and
(e) the time and
place of the meeting; and
(f) the estimated
duration of the meeting.
Should a request for such a meeting not be approved,
the meeting must not be held on Eraring Energy’s premises.
Unless approved by the Managing Director employees must
not be paid for time lost attending such meetings.
30. Appendix A
AWARD RESTRUCTURING
(a) The agreement
of the parties includes exhibits tendered in former proceedings, particularly
by Exhibits 15, 17, 18, 19, 20 (at pages 551 to 567 and pages 879 to 899), 30,
31, 32, and B, C, D and E. The said
pages of Exhibit 20 and Exhibits 19, 30, 31 and 32 are the documents referred
to as "Current Position Papers" in Paragraph 1 of Exhibit 4. The expression "the proceedings"
in this clause means the proceedings conducted before the Industrial Commission
in Court Session in relation to Matters 989 to 993 of 1990 during the period 4
to 8 February 1991.
(b)
(i) In accordance
with Exhibit 17 referred to in subclauses (a) of this clause, an agreement has
been reached for the introduction of an Annualised Salary and Shift
Self-containment for Operators in operating thermal power stations. This agreement is contained in Exhibits 2
and 3 of proceedings in Matter Numbers 1230, 1371 and 1373 of 1991.
(ii) The agreement
on Annualised Salary, in so far as it contains provisions otherwise
inconsistent with the provisions of the award, shall take precedence over such
provisions to the extent of such inconsistency.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.