TRANSGRID EMPLOYEES AWARD 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by TransGrid.
(No. IRC 6098 of 2005)
Before The Honourable
Mr Deputy President Harrison
|
5 December 2005
|
AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Parties
to the Award
3. Intent,
Scope and Duration
4. Objectives
5. Consultative
Mechanism
6. Health
and Safety
7. Environment
8. Quality
9. No Extra
Claims
10. Voluntary
Redeployment/Redundancy
11. Local
Workplace Agreements
12. Salaries
and Allowances
13. Classifications
14. Classification
Advisory Committee
15. Forms of
Employment
16. Calculation
of Service
17. Terms of
Employment
18. Hours and
Work Patterns - Day Workers
19. Shift Work
20. Overtime -
Day Work
21. Overtime -
Shift Work
22. Meal
Allowances on Overtime
23. Meal
Breaks - Day Work
24. Higher
Grade Work and Pay
25. Clothing
and Tools
26. Annual
Leave
27. Long
Service Leave
28. Sick Leave
and Accident Pay
29. Leave for
Family Care
30. Standby
and "On Call"
31. Working
Away from Headquarters
32. Travelling
Time and Fares
33. Grievance
and Dispute Procedure
34. Public
Holidays and Picnic Day
35. Parental
Leave
36. Miscellaneous
37. Anti-Discrimination
Schedule A
Schedule B
1. Title
This Award shall be known as the TransGrid Employees Award,
2006.
2. Parties to the
Award
2.1 This Award has
been made between TransGrid and the unions listed below on behalf of the
employees of TransGrid.
Australian Worker's Union.
Construction, Forestry, Mining and Energy Union.
Electrical Trades Union of Australia, New South Wales
Branch.
NSW Local Government, Clerical, Administrative, Energy,
Airlines and Utilities Union (USU).
Public Service Association of New South Wales.
The Association of Professional Engineers, Scientists
and Managers, Australia (New South Wales Branch).
2.2 This Award was
not entered into under duress by any party.
3. Intent, Scope and
Duration
3.1 This Award
rescinds and replaces TransGrid Employees Award, 2004, published 8 July 2005,
(352 I.G. 188).
3.2 This Award
applies to all employees except Senior Executives of TransGrid who are covered
by individual employment agreements.
3.3 This Award
will be effective from the first pay period to commence on or after 5 December
2005 and shall remain in force until 5 December, 2008.
3.4 It is a term
and condition of employment and of the obligations and rights occurring under
this Award that employees:
(i) use any
technology and perform any duties which are within the limits of their skills,
competence and training; and
(ii) maintain
commitment to and comply with TransGrid's Code of Ethics and comply with any
direction in respect to the performance of their duties; and
(iii) are committed
to the achievement of the Objectives of TransGrid’s Corporate Plan.
4. Objectives
TransGrid's principal objectives and functions are set out
in the Energy Services Corporations Amendment (TransGrid Corporatisation) Act
1998.
TransGrid has developed a Corporate Plan, covering the
period from 2005 to 2006 to enable it to fulfil its mission to be Australia’s
leading manager of network assets.
The parties to this Award are committed to the Objectives of
the Corporate Plan which are:
To provide accessible, efficient, safe and reliable
facilities for the transmission of electricity
To be commercially successful
To be environmentally and socially responsible
To identify the optimum solutions to provide reliable
electricity supply
Achieving these objectives creates a stronger TransGrid for
all stakeholders:
Shareholders
Customers
Employees
Wider Community
In pursuing these objectives, TransGrid will satisfy our
customers' needs and requirements by drawing on our values of:
Integrity
Open Communication
Trust and respect
Recognition of contribution
Commitment to health and safety
Competence
5. Consultative
Mechanism
TransGrid will consult with its employees and appropriate
unions who are party to this Award where the implementation of significant
change is being considered. The consultative provisions are directed toward the
development of a relationship of inclusion, involvement and mutual trust
between the parties.
The Managing Director and Senior Management of TransGrid
will meet with representatives of Unions NSW and major unions from time-to-time
to discuss industry related issues. The
meetings will be held as required, depending on current issues and
developments.
In addition to these meetings a two-tiered consultative
mechanism will be established as follows:
Level 1 Committee will consist of senior TransGrid
representatives, Unions NSW and union representatives and site delegates, as
appropriate. This Committee will
consider strategic matters only.
This Committee will meet quarterly.
Level 2 Committees will be established at workplaces to
review local issues. The Committees
will consist of representatives of local management and employees. These
Committees will meet to consider local matters.
These Committees will meet quarterly and are required to
then provide quarterly update reports to the Level 1 Committee.
6. Health and Safety
TransGrid is committed to the health and safety of all its
employees.
TransGrid is committed to a goal of zero injuries,
occupational illnesses and incidents.
TransGrid is committed to on-going consultation and communication
with elected employee health and safety representatives and employees in any
workplace change that will affect the health and safety of employees, and to
ensure continuous improvement in all areas of our work.
TransGrid believes that all accidents are preventable on and
off the job.
It is agreed that all parties to the Award work to achieve a
healthy and safe workplace by:
a) establishing
and maintaining a healthy and safe workplace and adopting safe working
practices.
b) ensuring that
every possible precaution is taken to prevent accidents and minimise potential
hazard.
c) recognising
that all employees are personally responsible for giving primary concern to
their own safety and the safety of others.
d) wearing the
protective clothing provided and using safety equipment at all times.
e) incorporating
health and safety in the planning and undertaking of all current and future,
internal and external projects.
f) agreeing to
participate in the formulation of safety plans and initiatives and the
implementation of these schemes.
7. Environment
Protection of our Environment is one of the fundamental
values associated with all TransGrid activities.
TransGrid has achieved certification to ISO 14001
(Environmental Management Systems) and is committed to caring for the
environment by:
a) complying with
all relevant environmental statutes, regulations and standards;
b) operating an
environmental management system to prepare and document environmental
procedures and to supervise and review their effective implementation; and
c) ensuring that
environmental factors are taken into account for each activity.
TransGrid is committed to ensuring that its work teams:
a) take active
measures to protect the environment during all work activities;
b) consult with
appropriate community organisations and Government departments; and
c) are trained
and regularly updated on environmental issues relating to their particular work
requirements.
Protection of the environment is the responsibility of
all TransGrid staff. TransGrid will continually strive to improve environmental
performance through the setting of targets and regular environmental auditing.
All parties to the Award work towards protecting the
environment by agreeing to participate in the formulation of environmental
plans and initiatives and the implementation of these schemes.
8. Quality
TransGrid has achieved certification to ISO 9001 (Quality
Management Systems) and ISO 14001 (Environmental Management Systems) and is
committed to applying a total quality approach to technical excellence,
commercial rigour and environmental sensitivity.
It is agreed that all parties to this Award will work
together:
seeking out and understanding
their customers' requirements
striving for continuous improvement
eliminating waste from all work
processes
maintaining TransGrid's Quality
certification
delivering the right result first
time.
9. No Extra Claims
Apart from:
(a) increases
available through State Wage Case decisions,
the parties shall not pursue any extra claims during
the life of the Award.
Where any disagreement arises the parties shall follow
the Grievance and Dispute Procedure 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
adjustments - 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.
10. Voluntary
Redeployment/Redundancy
10.1 Employees,
whose positions are surplus to TransGrid's requirements, may be offered
Voluntary Redeployment or Voluntary Redundancy.
10.2 Where more
applications for Voluntary Redeployment or Voluntary Redundancy are received
than there are surplus positions, it may become necessary to retain key
officers, as the loss of such officers would affect the efficiency of
TransGrid's business operations.
10.3 Employees, who
accept Voluntary Redundancy, are eligible for payments included in the New
South Wales Government's Voluntary Redundancy package as a minimum. Currently, the payments are:
(a) four week's
notice or payment in lieu; and
(b) an additional
one week's notice or pay in lieu for employees aged 45 years and over with 5 or
more years of completed service; and
(c) severance pay
at the rate of 3 weeks per year of continuous service
with a maximum of 39 weeks, with pro-rata payments for
incomplete years of service to be on a quarterly basis; and
(d) the benefit
allowable as a contributor to a retirement fund; and
(e) for employees
who accept Voluntary Redundancy within 2 weeks of
(i) the offer
being made and terminate their employment within the time
(ii) nominated by
TransGrid;
(iii) less than 1
year's service; 2 week's pay
(vi) 1 year and less
than 2 year's service; 4 week's pay
(v) 2 year's and
less than 3 year's service; 6 week's pay
(vi) 3 year's
service and over; 8 week's pay
11. Local Workplace
Agreements
11.1 Object of the Clause
Local Workplace Agreements may be entered into in an
attempt to establish or achieve greater local workplace flexibility. This
clause is intended to facilitate the development of collective Local Workplace
Agreements between management at all levels and their respective staff.
11.2 Requirements for Development of Local
Workplace Agreements
A Local Workplace Agreement may only provide for
flexibility in the conditions of employment at a local workplace.
Employees and management, at the local workplace, must
be in agreement on any proposed agreement or subsequent variation.
A Local Workplace Agreement may only come into effect
where the following requirements have been met:
a) Unions NSW
shall be advised of the parties intent to enter into discussions for a
collective Local Workplace Agreement.
b) The Provisions
of the TransGrid Employees Award shall form the basis from which Local
Workplace Agreements under this clause shall operate.
c) There shall be
no reduction in an employee's ordinary rate of pay for the ordinary hours
worked.
d) Employees are
not to be disadvantaged and will experience no net detriment when the agreement
is viewed as a whole.
e) The majority
of employees affected by the Local Workplace Agreement, agree to its terms and
conditions after taking all views into consideration including the need to
maintain effective working relationships.
f) The Local
Workplace Agreement does not jeopardise occupational health and safety and is
not contrary to any law.
g) The Local
Workplace Agreement will improve efficiency and/or customer service and/or job
satisfaction.
h) Managers shall
give fair consideration to requests from staff for flexible work arrangements
and ensure that work arrangements do not discriminate or work against
particular employees.
i) The relevant
General Manager formally endorses the Local Workplace Agreement.
j) Unions NSW
has formally endorsed the Local Workplace Agreement.
k) The Local Workplace
Agreement will be effective from the specified commencement date. The Local
Workplace Agreement must not operate beyond the expiry date of the TransGrid
Employees Award 2006.
l) The Local
Workplace Agreement may be reviewed at any time at the request of either party.
12. Salaries and
Allowances
12.1 The Salary
Point Rates for the classifications covered by this Award, including the
initial 4.6% increase, based on a 35 hour week, are as follows:
Salary Point
|
Weekly Rate ($)
|
|
|
1
|
$407.30
|
2
|
$469.50
|
3
|
$531.60
|
4
|
$593.50
|
5
|
$624.50
|
6
|
$655.40
|
7
|
$684.80
|
8
|
$715.30
|
9
|
$747.30
|
10
|
$780.60
|
11
|
$816.20
|
12
|
$854.70
|
13
|
$893.80
|
14
|
$935.20
|
15
|
$978.30
|
16
|
$1,023.90
|
17
|
$1,058.80
|
18
|
$1,095.00
|
19
|
$1,132.30
|
20
|
$1,171.00
|
21
|
$1,210.60
|
22
|
$1,252.30
|
23
|
$1,295.30
|
24
|
$1,339.80
|
25
|
$1,385.10
|
26
|
$1,432.70
|
27
|
$1,481.80
|
28
|
$1,532.90
|
29
|
$1,585.20
|
30
|
$1,639.40
|
31
|
$1,695.70
|
32
|
$1,754.00
|
33
|
$1,814.20
|
34
|
$1,876.60
|
35
|
$1,941.10
|
36
|
$2,007.90
|
37
|
$2,077.10
|
38
|
$2,148.00
|
39
|
$2,222.00
|
40
|
$2,298.70
|
The above Salary Point Rates include an amount in respect of
the Annual Leave Special Payment.
Employer Contribution to Superannuation
All employees covered by this Award will receive a 1%
increase to their employer superannuation contribution payable after the first
pay period commencing on or after 1st December, 2005.
All employees covered by this Award will receive a 1%
increase to their employer superannuation contribution payable after the first
pay period commencing on or after 1st December, 2006.
These increases to superannuation are in addition to current
superannuation guarantee charge of 9% established by the Federal Government
under the Superannuation Guarantee (Administration) Act 1992.
12.2 In addition to
the above Salary Point Rates the following are to be
included in what will be known as employees' ordinary
weekly salaries:
(a) the Field
Allowance in accordance with 12.3; and
(b) the General
Purpose Allowances in accordance with 12.4;
and
(c) the Special
Payment in accordance with 12.5 (a).
12.3 Field
Allowance
The Field Allowance of $39.50 per week is to be paid
to:
(a) all employees
appointed to field locations; and
(b) Tradespersons,
Power Workers and Operators located in the Sydney Office.
Note 1:
Administrative, Engineering and Professional Officers,
appointed to the Sydney Office, are not entitled to be paid the Field Allowance
(or part thereof) when temporarily attached to field locations. (The General
Purpose Allowance component, incorporated into base salary rates in 12.1 includes
a component in respect of such temporary attachments).
For extended periods at field locations approval may be
sought for a Special Payment in accordance with 12.5 (b).
12.4 General
Purpose Allowance
The classifications Engineering Officer, Power Worker,
Tradesperson and Apprentices at Field Locations (other than Sydney Office) will
receive a General Purpose Allowance of $36.00 per week, (which incorporates the
initial 4.6% increase and a flat rate payment of $10.00 only), payable after
the first pay period commencing on or after 1st December, 2005.
This allowance will also receive a 4.6% increase and a
flat rate payment of $10.00 only, payable after the first pay period commencing
on or after 1st December, 2006.
This allowance will also receive a 4.6% increase only,
payable after the first pay period commencing on or after 1st December, 2007.
Note 2:
Apart from:
(a) the Tool
Allowance in 12.10; and
(b) the First Aid
Allowance in 12.11
the General Purpose Allowance replaces the allowances:
(a) paid for
lunches incurred on one day trips as described in TransGrid's Policies and
Procedures; and
(b) those listed
in Schedule A of the TransGrid Employees Award, 1997.
The parties agree that no further claims or payments
related to these allowances will be
made.
12.5 Special
Payments
Employees, appointed to the Sydney Office:
(a) are to be paid
a Special Payment of $9.70 per week for the acceptance of the Variable Working
Hours system, which incorporates the three existing attendance systems
(b) who are
required to work away from the Sydney Office for extended periods and for the
majority of each week away are entitled to be paid $34.90 per week:
(i) for the
duration of such work; and
(ii) when they are
located away from the Sydney Office
subject to the approval of the General Manager of the
Business Unit concerned.
This payment is not applicable to:
(i) any form of
paid leave; or
(ii) overtime; or
(iii) travelling
time; or
(iv) public
holidays; or
(v) for any
purposes for which ordinary weekly salaries are to apply.
Note 3:
Employees who are paid long service leave or sick leave
at half-pay are to be paid the Field Allowance and/or the General Purpose
Allowance and the Special Payment 12.5 (a) at half the rate if they receive these
allowances on a permanent basis.
12.6 All Purposes
Employees ordinary weekly salaries shall be paid for
all purposes. "All purposes"
shall cover all circumstances where employees' ordinary weekly salary rates are
applied.
12.7 Employees will
be paid the following salary increases on the dates as shown:
4.6% payable
after the first pay period commencing on or after 1st December, 2006.
4.6% payable
after the first pay period commencing on or after 1st December, 2007.
12.8 Salary
Sacrifice
(a) Notwithstanding
the salaries prescribed by this Clause, an employee may elect, subject to the
agreement of TransGrid, to sacrifice a portion of the salary payable under this
Clause to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate.
The amount sacrificed must not exceed fifty (50)
percent of the salary payable under this Clause or fifty (50) percent of the
currently applicable superable salary, whichever is the lesser. In this Clause "superable salary"
means the employee’s salary as notified from time to time to the relevant
trustee as required under the scheme rules.
(b) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(i) 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
(ii) those allowances,
penalty rates, payments for unused leave entitlements, weekly worker’s
compensation or other payments, to which an employee is entitled under this
Award and which are determined by reference to an employee’s salary shall be
calculated by reference to the salary before any sacrifice for superannuation
under this Award.
(c) The employee
may elect to have the portion of payable salary, which is sacrificed to
additional employer superannuation contributions:
(i) paid to the
Energy Industries Superannuation Scheme Division A; or
(ii) subject to
TransGrid's agreement, paid to a private sector complying superannuation scheme
as employer superannuation contributions.
(d) Where the
employee elects to sacrifice salary in terms of subclause (c) above TransGrid
will pay the sacrificed amount into the relevant superannuation scheme. TransGrid must ensure that the amount of any
additional employer superannuation contributions specified in subclause (a)
above is included in the employee’s superable salary, which is notified to the
relevant Trustee as required under the scheme rules.
(e) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with TransGrid to have superannuation
contributions made to a superannuation scheme other than a scheme contained in
the Energy Industries Superannuation Scheme Trust Deed, TransGrid will continue
to base contributions to that other scheme on the salary payable under this
Clause to the same extent as applied before the employee sacrificed portion of
that salary to superannuation. This
Clause applies even though the superannuation contributions made by TransGrid
may be in excess of superannuation guarantee requirements after salary
sacrifice is implemented.
(f) Additional
taxation costs associated with the salary sacrifice will not be borne by
TransGrid and deduction limits may be imposed to avoid additional taxation
costs to TransGrid.
12.9 Salary
Sacrifice in addition to Superannuation Benefits
In addition to clause 12.8, employees may elect to
salary sacrifice for non-salary benefits through an approved third party
provider of such benefits. Each
employee who negotiates an individual salary sacrifice arrangement will be
required to enter into an agreement with an approved third party.
The employee should be aware that any individual salary
packaging arrangement would result in their gross taxable salary being reduced.
Employees participating in any such arrangements shall
advise TransGrid of the relevant details, including commencement and cessation
of the arrangement, to allow the necessary payroll deductions to take place.
TransGrid are not responsible for the establishment or
administration of any such arrangements and the provision of benefits shall be
cost neutral.
12.10 Tool Allowance
Tradespersons, in the trades classifications of
Carpenter or Painter, must be paid the tool allowance prescribed from time to
time by the appropriate general State Award, in addition to their ordinary
weekly salary.
The tool allowances are paid for all purposes.
12.11 First Aid
Allowance
Employees, who are nominated to carry out first aid
duties, must be paid $13.80 per week or part thereof.
Employees, who are current holders of the Occupational
First Aid Certificate, must be paid 50% above this rate.
12.12 Rehabilitation
Coordinators Allowance
Employees, who are nominated to carry out the duties of
Rehabilitation Coordinator must be paid an allowance of $38.30 per week.
The Rehabilitation Coordinators allowance is paid for
all purposes.
12.13 Redeployment/Relocation
Entitlements
Employees, who are in receipt of either Special Power
Station Allowance or Special Other Division Allowance under redeployment or
relocation entitlements conditions, must continue to be paid the allowance at
the rate(s) determined by TransGrid until they are appointed to a new position.
Employees are only to be paid the higher of either the
Field Allowance or the appropriate "Special Allowance".
12.14 Barehand Work
Allowance
TransGrid will pay a Bare Hand Work Allowance of $70.00
per week for Bare Hand liveline work based upon the following terms:
Agreed Bare Hand Methods
A schedule of eight (8) specific methods has been
negotiated and agreed between the parties. The agreed eight (8) methods are:
1
|
330/08
|
330kV Suspension Steel Tower - ‘Delta Type’ - Outside
Phases Initial Bonding On Procedure
|
2
|
330/06
|
330kV Suspension Steel Tower- 'Delta type' - Middle Phase
Insulator Replacement - Barehand
|
3
|
330/07
|
330kV Suspension Steel Tower- 'Delta type' - Outside Phase
Insulator Replacement - Barehand
|
4
|
330/09
|
330kV Suspension Steel Tower - ‘Delta type’ - Work on twin
conductors & associated fittings from a bosuns chair - Barehand
|
5
|
330/10
|
330kV Single Circuit Strain Steel Tower - Repair hot palms
- Barehand
|
6
|
330/11
|
330kV Suspension Steel Tower - 'Delta type' - Middle phase
insulators and/or hardware replacement - Barehand
|
7
|
330/12
|
330kV Suspension Steel Tower - 'Delta type' - Outside
phase insulators and/or hardware replacement - Barehand
|
8
|
330/13
|
Carry out 330kV Minor Maintenance from an Insulated
Elevated Work Box - Barehand
|
For Internal work
(1) The weekly
allowance will be payable to all bare hand workers who perform work activities
related to Bare Hand methods beyond the agreed eight (8).
For External work on non-TransGrid assets
(1) The weekly
allowance will be payable to all bare hand workers who perform work activities
related to Bare Hand methods.
(2) The weekly
allowance will not be dependent on attainment of the aforementioned eight (8)
agreed methods.
General
(1) The weekly
allowance will be payable for one regular ordinary working week or part
thereof.
(2) The weekly
allowance will be additional to those currently provided under existing Award
conditions.
(3) The operative
date for payment of the allowance will be 1st July 2005.
(4) The parties
agree that all current bans on barehand live line and hot stick work are now
removed.
13. Classifications
13.1 The
classifications of TransGrid employees are:
Classification
(a) Administrative
Officers
(b) Engineering
Officers
(c) Professional
Officers
(d) Operators
Administrative, Engineering and Professional Officers'
and Operators' positions are evaluated and allocated a range of salary points
in accordance with the agreed Job Evaluation procedure.
(e) Power Workers
(f) Tradespersons
Progression of Power Workers and Tradespersons is based
on the relevant Skills Development Programs.
(g) Apprentices
14. Classification
Advisory Committee
14.1 Purpose
The purpose of the Committee is to recommend appropriate
salary point(s) for a position(s).
14.2 Constitution
The Committee consists of:
(a) a Chairperson
appointed by TransGrid
(b) two TransGrid
representatives
(c) two
representatives of employees appointed from time to time by the relevant
Union(s) having regard to the classification under review.
14.3 Powers
The Committee can:
(a) consider
applications for alterations of salary points on the ground of altered
circumstances by:
(i) unions on
behalf of an employee or groups of employees
(ii) TransGrid
(b) consider any
errors or anomalies in the salary points of:
(i) an
employee(s)
(ii) any
position
(c) recommend
appropriate salary points for new positions.
14.4 Procedures
The Committee proceeds by exchange of views and discussion, not by vote. It is the responsibility of the Chairperson
to prepare a report, including a recommendation, to the Managing Director of
TransGrid, setting out the view of the Committee. If there are differing views, the report must include them.
14.5 Confidentiality
All proceedings of the Committee are confidential.
14.6 This Clause
will not prejudice or affect any right any person may have under the Industrial
Relations Act 1996.
15. Forms of
Employment
15.1 Forms of
Employment
Employment may be full-time, part-time, casual or
temporary.
Forms of employment will be determined by local
management taking into consideration the needs of the business.
If part-time, casual or temporary employment is to be
introduced, no full-time employee will be displaced.
TransGrid does not intend to create a workforce of
part-time, casual, temporary, labour hire employees or contractors.
Labour hire employees would only be used as
supplementary labour for a period of no longer than three months.
Any intent to utilise contractor services will be
discussed under the consultative mechanisms established under this Award, prior
to implementation.
TransGrid maintains the right to use bona fide
contractors when it is deemed necessary in the following circumstances:
(a) where specific
expertise is required in order to undertake non core work;
(b) where failure
to complete work in a reasonable time would jeopardize the safety of the public
or impact adversely upon network or system performance;
(c) where the use
of contractors represents the most commercially advantageous option, taking
into consideration quality, occupational health and safety and the overall
strategic direction of TransGrid.
It is not the intention of TransGrid to outsource core
work. TransGrid shall give three (3) months notice of an intention to outsource
such work on a long-term basis.
Any dispute in relation to the use of contractors or
labour hire employees will be addressed under clause 33, Grievance and Dispute
Procedure of this Award.
Full-Time
15.2 Who is a
Full-time Employee?
A full-time employee is any permanent employee who
normal observes full-time ordinary weekly working hours on either a day or
shift pattern.
Part-Time
15.3 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, in accordance with the standard Part-time Work Agreement
contained in Schedule B of this Award.
15.4 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 30 minutes.
15.5 Rates of Pay
Part-time employees are paid the hourly rate for their
classification.
15.6 Overtime
Overtime must be paid in accordance with 20. Overtime -
Day Work but only when nominated hours are exceeded or work is performed
outside the spread of ordinary hours.
15.7 Entitlements
Part-time employees 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 working hours.
15.8 Returning to
full time employment
Full-time employees may work part-time subject to
agreement of the relevant General Manager. These employees can return to
full-time work at the end of the period of part-time work.
Casual
15.9 Who is a casual
Employee?
A casual employee is any employee who works on an
hourly basis, as required, and is paid as such.
15.10 Hours of work
The hours of duty for casual employees are determined
by local management within the spread of ordinary working hours.
15.11 Rates of pay
Casual employees are paid:
(a) the hourly
rate for the appropriate salary point for their classification; and
(b) a loading of
20%.
15.12 Overtime
Overtime must be paid in accordance with 20. Overtime -
Day Work but only when nominated hours are exceeded or work is performed outside
the spread of ordinary hours.
15.13 Termination
The services of a casual employee can be terminated by:
(a) an
hour's notice given by either management or the employee; or
(b)
payment by management of an hour's salary instead of notice; or
(c) forfeiture
by the employee of an hour's salary instead of notice.
15.14 What is the
minimum payment for each start?
A casual employee is entitled to:
(a) a
minimum of 3 hours pay in respect of each start; and
(b) reimbursement
of all fares incurred in travelling to and from work only when the minimum is
paid.
15.15 Employees,
appointed to carry out the duties of an Occupational Health Nurse, on a casual
basis, are to be paid:
(a) at the rate
applicable to Salary Point 23 at the location; and
(b) a loading of
20%.
Any time worked in excess of seven hours per day is to
be paid at ordinary time.
Apart from the provisions of 15.9 to 15.11, 15.13 and
15.14 there is no entitlement to any other provisions of this Agreement.
Temporary
15.16 Who is a temporary
employee?
A temporary employee is any employee who works set and
regular hours for a period of limited duration on a full-time or part-time
basis.
The maximum duration of temporary employment is 12
months. If the position is not held by a permanent employee and is still
required, the position must then be advertised and filled on a permanent basis.
15.17 Hours of work
The commencing and finishing times for each day are
determined by local management.
15.18 Rates of pay
Temporary employees are paid the hourly rate for their
classification.
15.19 Overtime
Overtime must be paid in accordance with 20. Overtime -
Day Work but only when nominated hours are exceeded or work is performed
outside the spread of ordinary hours.
15.20 Termination
The services of a temporary employee will be
terminated:
(a) at the end of
the period of employment; or
(b) by local
management or employee giving at least one week's notice.
15.21 Entitlements
Temporary employees 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 working hours.
16. Calculation of
Service
16.1 What counts as
service?
In calculating service, TransGrid must include:
(a) periods of
annual and long service leave
(b) periods of
sick leave with or without pay
(c) periods of
approved leave with pay
(d) periods of
approved leave without pay not exceeding 20 consecutive working days or
equivalent hours of shifts.
(e) periods of
approved leave without pay exceeding 20 consecutive working days or equivalent
hours of shifts which have been specifically authorised to be counted as
service
(f) periods of
absence for which workers' compensation payments are made
(g) periods of
service as an employee on probation
(h) in the case of
an employee transferred from Pacific Power:
(i) actual
service with Pacific Power; and
(ii) service with
another employer which had been counted as service by Pacific Power
(i) any previous
period of service with TransGrid in accordance with (a) to (h) for an employee
who had resigned or been discharged and later re-employed.
(j) any previous
period of service with TransGrid in accordance with (a) to (h) of an employee
who had been dismissed and later re-employed if that employee current period of
service under (a) to (h) is more than five years.
16.2 If payment for
long service leave has been received by an employee, any service recognised in
accordance with (i) and (j) is counted for qualifying purposes for future
calculation only.
17. Terms of
Employment
17.1 Payment of
salaries
If requested by a majority of employees appointed to a field
location, 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.
17.2 The ordinary
weekly salary of an employee appointed to the Sydney Office must not vary from
week to week as a consequence of accumulating debits or credits of ordinary
hours in a given week.
17.3 Annualised
Salaries
The Working Party established to consider:
(a) an Annualised
Salary Agreement;
(b) Handover Time,
and
(c) the
introduction of 12 hour shifts
for Operating staff who work on a 7 x 3 shift roster,
will continue to meet to resolve outstanding issues.
At each location all of the eligible Operating staff
must elect to transfer to the Annualised Salary system.
17.4 Payments for
salary and leave must be made only to the employee entitled to them, or to a
person authorised by the employee to receive the payments.
17.5 TransGrid may
deduct from an employee's pay, contributions or payments for approved purposes,
or for the payment to TransGrid of money due by the employee under hire
purchase, tenancy or other agreements only if the employee gives TransGrid
written authority.
17.6 Overtime and
Shift work
For the purpose of meeting the needs of the industry,
TransGrid 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.
17.7 Wet Weather
In the event of wet weather, no deductions from
employees' salaries will be made if:
(a) they report
for duty;
(b) they work
until the officer-in-charge directs work to stop;
and/or
(c) they stand by
as directed.
17.8 Termination of
service
Employees' service may be terminated by:
(a) resignation,
i.e. voluntarily leaving the service of TransGrid
(b) retirement on
account of ill-health, which makes employees unable now and in the future to
perform the duties of their appointed grade.
TransGrid's Occupational Health Physician and/or other medical
practitioner, as agreed to by TransGrid 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 TransGrid 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.
17.9 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 TransGrid as satisfactory, shall be deemed to have resigned.
17.10 Period of notice
Employees must give TransGrid at least one months'
notice of their intention to resign, unless their terms of employment provides
for a different period.
17.11 In all other
cases of termination, except dismissal, TransGrid 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 TransGrid to dismiss
employees without notice. The salaries of employees who are dismissed, together
with their entitlements to payments for annual leave and long service leave
must be paid up to the time of dismissal.
18. Hours and Work
Patterns - Day Workers
18.1 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.
18.2 Hours of work
The ordinary hours of work for day workers are 35 hours
per week or70 hours per fortnight where a nine-day fortnight is observed.
18.3 Employees in
the Sydney Office:
(a) work a
Variable Working Hours system to meet business and personal needs, in
accordance with the Grid Standard; and
(b) observe a span
of ordinary working hours between 7.00am and 7.00pm, Monday to Friday.
18.4 Employees at
field locations:
(a) work a
nine-day fortnight system; and
(b) observe a span
of working hours between 6.00am and 6.00pm, Monday to Friday. Daily commencing
and finishing times are determined by local agreement. However, by agreement with local management, employees may vary their
commencing and/or ceasing times.
18.5 Accrual of
days off
Employees may elect to accrue up to a maximum of 5
rostered days off or special days off
for the purposes of taking time off for any reason.
Employees wishing to accrue "days off" must
obtain prior approval that the day(s) chosen to work is suitable to their team
leader. Similarly, the time taken off
must be on date(s) agreed to by employees and their team leader.
19. Shift Work
19.1 Averaged Salary
Employees appointed to a permanent shift work position
in the classifications of Operators or Engineering Officers will be paid on an
averaged salary basis calculated in accordance with the provisions of Schedule
A to this Award.
Employees acting in the capacity of a shift work
position shall also be paid on an averaged salary basis.
19.2 Averaged Salary Percentage
Operators
The Averaged Salary percentage payment to be applied
for Operators working a seven-man 7 x 3 roster will be 34.5%.
The Averaged Salary percentage payment to be applied
for Operators working a six-man 7 x 3 roster will be 38.2%.
Engineering Officers
The Averaged Salary percentage payment to be applied
for Engineering Officers (Shift Fitters) working a four man 5 x 2 roster will
be 18%. This is not inclusive of public holiday penalties, which are to be paid
in addition to this percentage payment.
Note 1:
All general rules provided under Schedule A of this
Award remain applicable to employees working shiftwork.
Averaged Salary combines ordinary weekly salary with
shift work penalty payments including, Shift Allowance, Shift Penalty and
Roster Loading, which is averaged over the financial year and paid in regular
equal instalments.
Averaged Salary is calculated on shift work provisions
contained within clause 19, of the TransGrid Employees Award 2002, listed in
Schedule A of this Award.
19.3 Payment of
Averaged Salary
Averaged Salary will be paid for the following:
(a) All
Shifts worked as part of the normal shift roster
(b) All
rostered day work
(c) Annual
leave
Note 2:
The averaged salary percentage (%) loading will be paid
for Annual Leave taken or cleared from the date that an averaged salary
agreement was previously entered into, where applicable, or from the date of
commencement of this Award.
Note 3:
Upon termination of employment, where the balance of
Annual Leave credits accrued between the date that an averaged salary agreement
is entered into and the termination date is greater than annual leave taken
over the same period, the residual leave entitlement over this period will have
the percentage (%) loading applied to the residual annual leave balance upon
termination.
All other Annual Leave entitlements paid on termination
will be paid at the ordinary base rate of pay and will not include the
percentage (%) loading.
19.4 Circumstances
Under which Averaged Salary Will not be paid
Averaged salary will not be paid for:
(a) Additional
shifts (covering sickness, training etc.). These are to be paid at normal
overtime rates.
(b) Long
Service leave.
(c) Sick
Leave.
Note 4:
During a period of sick leave,
salary will be reduced by deduction of shift allowance, shift penalties and
roster loading if applicable; thus sick leave will revert to base pay for hours
that would have been worked during the rostered shift.
20. Overtime - Day
Work
20.1 What is
overtime?
Overtime is all time worked on:
(a) Mondays
to Fridays before established commencing time
(b) Mondays
to Fridays after established finishing time
(c) Saturdays
(d) Sundays
(e) Public
Holidays.
20.2 How is it
calculated?
In calculating how much overtime a day worker works,
each working day is treated separately.
Periods worked before the established commencing time and after the
established 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.
20.3 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
|
2.0+
|
|
|
working hours
|
ordinary pay
|
|
|
|
|
|
|
- outside ordinary
|
2.0
|
|
|
working hours.
|
|
20.4 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 30. Standby and "On Call").
20.5 Cancellation
If TransGrid 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.
20.6 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 TransGrid if reasonable means of public transport are not
available. Additional time and/or costs
incurred will be paid in accordance with 32. Travelling Time and Fares.
20.7 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 20.4.
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 32. Travelling Time and Fares, exceeds the
minimum payment.
TransGrid must reimburse employees for any fares
incurred.
20.8 10 Hour
Breaks
Employees, who work periods of overtime between
completing their ordinary work on one day and commencing it on the next shall,
whenever reasonably practicable, observe a break of 10 consecutive hours when
(a) period(s) of
overtime and associated travelling time aggregate to 4 or more hours; or
(b) where the
period of overtime and associated travelling time is less than four hours and
they return to their place of residence after midnight.
The breaks commence from the time of return to their
normal place of residence.
20.9 Continuing to
work after completing overtime
Employees, who complete overtime within 2 hours of
their next ordinary commencing time, may with the agreement of their Team
Leader, continue working (at ordinary rates of pay) and bring forward their finishing time upon completing the period of
their normal daily attendance.
If agreement is not reached with the Team Leader the
provisions of 20.8 will be applied.
20.10 Resuming work
without a 10 hour break
If employees resume or continue work without a 10 hour
break, TransGrid must pay them double time until released from duty. They may then be absent until they have had
a 10 hour break.
20.11 Employees must
be paid at ordinary rates for any working time which occurs during a 10 hour
break.
20.12 If employees:
(a) have had a 10
hour break; and
(b) are recalled
to work overtime whether notified before or after leaving their place of work;
and
(c) commence that
overtime starting at least 8 hours after their ordinary finishing time on day 1
and before 5.00am on day 2; and
(d) would normally
be required to work on day 2, then the employees may defer their ordinary
commencing time on day 2 for a period equal to the time worked between the
commencement of the overtime and 5.00am.
20.13 If employees are
required to continue to work during part of the period they would normally
stand down, TransGrid must pay these employees for the period of stand down not
taken at overtime rates.
20.14 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 require to standby under 30. Standby and "On Call".
20.15 Employees above
salary point 35
Employees above salary point 35 must not be paid
overtime without the Managing Director's approval.
21. Overtime - Shift
Work
21.1 What is
overtime?
Overtime is all time worked by shift workers before
commencing time or after finishing time of rostered shifts.
21.2 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.
21.3 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
|
2.0
|
|
|
- all hours worked
|
|
(c)
|
Sunday (not a public
holiday)
|
|
2.0
|
|
|
|
|
(d)
|
Public holiday
|
all hours worked
|
2.5
|
21.4 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).
21.5 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.
21.6 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 30.
Standby and "On Call").
21.7 Irregular 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 clause 19.30
contained in Schedule A of this Award; 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.
21.8 10 and 8 hour
breaks
Employees, who work periods of overtime between
completing their ordinary work on one shift and commencing it on the next
shift, are entitled to:
(a) a break of 10
consecutive hours when period(s) of overtime and associated travelling time
aggregate to 4 or more hours; or
(b) a break of 8
consecutive hours if the period of overtime and associated travelling time is
less than four hours and they return to their place of residence after 11.00pm.
The breaks commence from the time of return to their
normal place of residence.
21.9 Resuming work
without a 10 or 8 hour break
If employees resume or continue work without a 10 or 8
hour break, TransGrid must pay them double time until released from duty. They must then be absent until they have had
a 10 or 8 hour break.
21.10 Employees must
be paid at ordinary rates for any working time which occurs during a 10 or 8
hour break.
21.11 If employees are
required to continue to work during part of the period they would normally
stand down TransGrid must pay these employees for the period of stand down not
taken at overtime rates.
21.12 Employees who
have returned home after working overtime during a rostered break are entitled
to the 10 or 8 hour break provision in respect of the period before
commencement of the next ordinary shift.
21.13 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.
21.14 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 overtime 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.
21.15 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.
21.16 Twelve hour
maximum
If shift workers have to work overtime for 4 or more
days due to a temporary shortage of trained staff, TransGrid may arrange the
overtime so that each normal shift plus the overtime does not exceed a total of
12 hours.
21.17 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.
22. Meal Allowances
on Overtime
22.1 When are meal
allowances paid?
Employees must be paid allowances for meals as follows:
(a) Day workers
Time
|
Amount of
Continuous Overtime
|
Allowance
|
|
|
|
Monday to Friday
|
1 hour 30 minutes
|
$12.90
|
|
5 hours
|
$25.80
|
|
9 hours
|
$38.70
|
|
|
|
Non-working days
|
4 or more hours(during hours usually
|
$12.90
|
|
worked Monday to Friday)
|
|
|
|
|
|
1 hour 30 minutes before or after
|
$12.90
|
|
ordinary hours
|
|
|
5 hours before or after ordinary hours
|
$25.80
|
|
9 hours before or after ordinary hours
|
$38.70
|
(b) Shift workers
Type
of Overtime
|
Amount of
Continuous Overtime
|
Allowance
|
|
|
|
Additional to rostered shift
|
1 hour 30 minutes
|
$12.90
|
|
5 hours
|
$25.80
|
|
9 hours
|
$38.70
|
|
|
|
Worked on rostered day off
|
4 or more hours (during hours worked
|
$12.90
|
|
last rostered shift)
|
|
|
1 hour 30 minutes before or after
|
$12.90
|
|
ordinary hours
|
|
|
5 hours before or after ordinary hours
|
$25.80
|
|
9 hours before or after ordinary hours
|
$38.70
|
(c) an employee is
not entitled to more than three meal allowances for any one period of continuous overtime.
(d) employees must
be paid a meal allowance of $12.90 if they have prepared a meal in readiness
for working overtime which was cancelled at short notice.
22.2 Employees above
salary point 35
Employees who are above salary point 35 and who are not
engaged on shift work are also entitled to meal allowances under the same
conditions as apply to day workers.
23. Meal Breaks - Day
Work
23.1 Employees are
entitled to normal meal breaks on ordinary working days unless there is an
emergency.
23.2 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.
23.3 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.
23.4 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) leave as after
1 hour 30 minutes - a meal break of 20 minutes
(b) after 4 hours
- a second meal break of 20 minutes but
only if the employees continue the overtime for at least another hour
(c) after 8 hours
- a third meal break of 20 minutes but only if the employees continue the
overtime for at least another hour.
23.5 The meal break
must be paid at the appropriate overtime rate.
23.6 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.
23.7 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 23.4.
23.8 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.
23.9 Overtime -
extension of meal breaks
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.
24. Higher Grade Work
and Pay
24.1 Obligation to
work in a higher grade
Employees must carry out work at a higher grade as
directed and must be paid in accordance with the provisions of this Clause.
Employees will not be compelled to work in a higher
grade, should they object to such work, if it is not reasonable or practicable
for them to do so.
24.2 Payment for
higher grade work
Employees must be paid higher grade pay if they are
directed to carry out any higher graded work for one hour or more in any one
day or shift.
These employees must receive the salary specified of an
employee performing the particular class of work.
Employees who work at a higher grade for more than a
half-day or shift must be paid the higher rate for all ordinary time worked
during the day or shift.
24.3 Aggregation
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.
24.4 Payment for
Leave, Sick Leave etc
Employees must be paid higher grade pay during annual
leave, paid sick leave, or periods of absence on accident pay if they have been
paid the higher grade pay:
(a) for a
continuous period of three calendar months immediately
before the leave; or
(b) for broken
periods which total more than six months, during the 12 calendar months immediately before the leave
is taken.
24.5 No payments
will be made under this Clause to employees on long service leave or for
payments for long service leave or retiring allowance.
24.6 Absences on
personal leave, sick leave, or accident pay, or the carrying out of lower
graded work, that total not more than 5 working days or shifts during the three
months continuous period in 24.4 (a) are not considered to break the continuity
of the higher grade work.
24.7 If employees
qualify for higher grade pay for periods in accordance with 24.4, those periods
must be taken as having been spent on higher grade duties in calculating the
rate applicable for continued higher grade duty or for absences on annual
leave, sick leave or accident pay.
24.8 Public
holidays
Employees must be paid the higher grade rate for any
public holiday which occurs during a period of work for which the employees are
receiving higher grade pay.
24.9 Employees must
be paid higher grade pay for a public holiday if they receive that pay for any
part of the days preceding and following the public holiday.
24.10 Overtime
Employees who are being paid a higher grade rate must
be paid for overtime at that rate if:
(a) they have to
work outside their ordinary hours in their appointed grade, or in their acting
position, or in a grade between their appointed grade and their acting grade;
and
(b) they have been
carrying out the higher grade duties continuously for a period of one or more
working days or shifts immediately before the overtime.
24.11 Employees are
paid for overtime in their appointed grade at their appointed rate of pay if
the overtime:
(a) is performed
between payment of the higher grade pay ceasing and payment at the appointed
grade beginning; and
(b) is not
continuous with work for which higher grade pay is paid.
24.12 Lower graded
work
Employees must:
(a) carry out
lower graded work that is temporarily required as directed; and
(b) be paid not
less than their current salary point.
24.13 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; and
(b) the periods of
training do not exceed a continuous period of three months.
25. Clothing and
Tools
25.1 Basis of
issue
TransGrid must issue clothing or other articles if it
considers them necessary for:
(a) protection
from injury
(b) protection in
wet or hot places
(c) protection
against materials which destroy or damage ordinary clothing
(d) protection
from weather
(e) identification
when dealing with the public.
25.2 TransGrid may
issue tools at its discretion.
25.3 Issue and
Replacement
TransGrid must issue and replace clothing and tools:
(a) in accordance
with the requirements of the Occupational Health and Safety Act, 2000, and
other relevant legislation; or
(b) if the item is
unsuitable for the purposes for which it was issued; or
(c) if the item is
lost and the loss is accounted for satisfactorily.
25.4 An employee
must replace or pay for any item of clothing or tools lost or damaged through
misuse or negligence.
25.5 Responsibility
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 they are:
(i) engaged in or
exposed to the spraying of lead and/or silica paint
(ii) handling or
exposed to PCB's, asbestos or synthetic fibres or have their clothing
substantially soiled by transformer oil
(iii) exempted by
TransGrid.
25.6 Disposable
Clothing
Disposable overalls may be supplied by TransGrid when
using materials in 25.5 (b)(i) and (ii).
25.7 The employee
must wear any clothing or use any tools or articles issued:
(a) only in the
course of duty; and
(b) for the
purpose for which they are issued.
25.8 Wet weather
Clothing
An employee must return upon request any wet weather
clothing which is not issued permanently.
26. Annual Leave
26.1 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 on 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.
26.2 Public holidays
falling within a period of leave
Annual leave does not include public holidays.
26.3 Rate of pay
Annual leave is paid as follows:
(a) Day worker -
full pay
(b) Shift worker -
in accordance with clause 19 - Shift Work Averaged Salaries
26.4 When can leave
be taken?
By mutual agreement, an employee may take annual leave
in 1, 2 or 3 separate periods:
(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;
(ii) where there
are special circumstances.
26.5 Use of annual
leave for family care purposes
When an employee takes annual leave for family care
reasons a period, not exceeding five days in any calendar year, may be taken at
time(s) agreed to by local management.
The number of "separate periods" may then be
increased in addition to the 1, 2, or 3 separate periods in 26.4 above.
26.6 If an employee
or TransGrid 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.
TransGrid 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.
26.7 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 TransGrid agrees
that extenuating circumstances exist, annual leave may be approved at shorter notice.
26.8 Leave on
terminating service
If the service of an employee is terminated for any
reason TransGrid 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.
27. Long Service
Leave
27.1 What service
counts?
In calculating how much long service leave an employee
is entitled to, TransGrid must include:
(a) actual service
with TransGrid
(b) periods of
annual and long service leave
(c) periods of
sick leave with or without pay
(d) periods of
approved leave with pay
(e) periods of
approved leave without pay not exceeding 20 consecutive working days or
equivalent hours of shifts
(f) periods of
approved leave without pay exceeding 20 consecutive working days or equivalent
hours of shifts which have been
specifically authorised to be counted as service
(g) periods of
absence for which workers' compensation payments are made
(h) periods of
service as an employee on probation
(i) periods
specified for certain employees under the Transferred Officers Extended Leave
Act, 1961, as amended
(j) periods of
service with another employer where an agreement has been reached between
TransGrid and that employer
(k) in the case of
an employee transferred from Pacific Power those periods served with an
employer immediately before transferring to Pacific Power which counted towards
long service entitlements if the employee transferred in accordance with the
provisions of Division I of Part VI of the Electricity (Pacific Power) Act,
1950, as amended or the Electricity Commission (Balmain Electric Light Company
Purchase) Act, 1950, or other relevant Acts
(l) in the case
of an employee whose service with TransGrid was terminated by resignation or by
discharge and who was re-employed, the previous period of service. By definition discharge means discharge as a
consequence of retrenchment, re-organisation or shortage of work or any reason
except dismissal or retirement on account of ill-health
(m) in the case of
an employee whose service with TransGrid was terminated by dismissal and who
was re-employed and whose current period of service exceeds five years, the previous period 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.
27.2 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 as amended.
Transferred employees with periods of service listed in
27.1 (j) and (k) 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 TransGrid.
27.3 The entitlement
for length of service in between any of the periods listed in 27.2 is worked
out on a proportional basis.
27.4 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
TransGrid payment of the value of the long service leave is based on completed
weeks of service.
27.5 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
TransGrid then it must be postponed to a time on which both the employee and
TransGrid can agree.
27.6 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 TransGrid in periods of not less than two weeks; or
(b) on half pay
only at a time suitable to TransGrid and at its discretion. If half pay is chosen then the employee is
entitled to a period of absence twice the amount of entitlement.
27.7 Employees must
give TransGrid at least one month's notice before the date they intend to take
long service leave.
27.8 Public holidays
Falling during leave
Long service leave does not include public holidays.
27.9 On leaving
between 5 and10 years
If an employee has completed at least 5 years' service
as an adult (as defined in the Long Service
Leave {Amendment} Act, 1963), then the employee is entitled to a proportional
amount of long service leave equal to 1.3 weeks for each year of total service
(whether as an adult or not) if:
(a) TransGrid
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.
TransGrid must pay the employee (or the legal
representative in the case of death) a cash amount equivalent to the leave.
27.10 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 TransGrid must pay the employee (or the legal
representative in the case of death) a cash amount equivalent to any untaken
leave.
28. Sick Leave and
Accident Pay
28.1 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 28.17 to
28.25.
28.2 Employees may
be granted sick leave with pay to care for or support any dependent child or
another immediate family member who is in need of care or support. The
provisions of 29. Leave for Family Care apply.
28.3 When will sick
leave not be granted?
Employees will not be granted sick leave for any period
that they are also in receipt of a workers' compensation payment.
Employees will not be granted sick leave in excess of
one week on full pay per year when the personal illness or injury was caused or
substantially brought about by:
(a) the employees'
wilful act, misconduct or negligence; or
(b) participation
in a game involving risk of injury unless TransGrid accepts that the
participation is beneficial for the health and efficiency of the employee; or
(c) participation
in other employment.
28.4 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 -
working days
|
|
|
Upon completion of three months' service
|
18
|
|
|
Upon completion of twelve months' service
|
18
|
|
|
Upon completion of each additional 12
|
18
|
months' service
|
|
These periods are cumulative. In crediting the above amounts after the completion of each year
of service, the minimum requirements of Chapter 2, Part 1, Division 2, Section
26 of the Industrial Relations Act 1996, will be taken into account.
(b) Employees
transferred from Pacific Power and who were previously transferred to Pacific
Power from the Commissioner of Railways are entitled to not less than the amount
of sick leave they would have received if they had not transferred.
(c) Employees
transferred from Pacific Power and who were previously transferred to Pacific
Power under the provisions of the Electricity Commission Act, 1950, as amended,
retain their sick leave credits they had at the date of transfer.
28.5 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 pay
will be deducted from the entitlements in 28.4.
28.6 Calculation of
an employee’s entitlement
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.
28.7 Maximum period
of leave
The maximum period of continuous paid sick leave is
ordinarily 52 weeks.
28.8 TransGrid 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 TransGrid considers exceptional
circumstances exist, such as the employee's length of service.
28.9 Leave to count
as service
Any period of sick leave, with or without pay, or leave
on accident pay that TransGrid approves, counts as service.
28.10 Retirement -
ill-health
TransGrid 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.
TransGrid's Occupational Physician and/or other medical practitioner, as
agreed to by TransGrid and the Secretary of the Union concerned, must issue a
certificate to this effect.
28.11 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
(b) for a period
of at least 5 consecutive working days in the case of long service leave.
28.12 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.
28.13 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
TransGrid of the impending absence before the shift begins; and
(d) submit an
acceptable medical certificate in accordance with 28.19 to 28.22.
Shift workers who make this election will not have
deductions made from their sick leave entitlements.
28.14 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
28.15 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.
28.16 Employees may be
granted accident pay for a maximum period of 52 weeks if they:
(a) have workers'
compensation approved; and
(b) comply with
28.17 to 28.24.
However, where special circumstances exist, TransGrid
may discontinue accident pay at any time after receipt of such payment for a
period of twenty-six weeks.
Regulations
28.17 How to apply
Employees must claim sick leave or accident pay on the
appropriate forms.
28.18 Medical
If required by TransGrid, employees must be examined by
TransGrid's examination Occupational Physician as soon as they are physically
able.
28.19 Absence of more
than3 days
Employees must submit a certificate from TransGrid's
Occupational Physician 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.
28.20 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 TransGrid's Occupational Physician
the date the employee first consulted a medical
practitioner or TransGrid's Occupational Physician
the medical practitioner's qualifications, name,
address and signature or the signature of TransGrid's Occupational Physician; and
the date of issue of the certificate.
28.21 If the
certificate does not include the nature or cause of the illness or injury,
TransGrid may refer the employee to a nominated medical practitioner for
examination.
28.22 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.
28.23 If TransGrid's
Occupational Physician certifies an employee as unfit for work, the employee
must obtain a medical certificate from another medical practitioner when
required by TransGrid's Occupational Physician.
28.24 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.
28.25 Absences of
three days 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.
28.26 Disputed Medical
Certificate
If TransGrid disputes a medical certificate, a referee
may be appointed who is a medical practitioner agreed on by the employee and
TransGrid. Any medical certificate
issued by that referee must be accepted by the employee and TransGrid as
conclusive.
TransGrid 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.
TransGrid must allow the employee to have leave with
pay for any medical examination by the referee.
28.27 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.
29. Leave for Family
Care
29.1 Purpose
To provide care and support for persons who are ill and
in need of an employee's personal care.
29.2 Types of Leave
An employee may apply for:
(a) sick leave
with pay, or
(b) annual leave;
or
(c) personal leave
without pay.
When applying for sick, annual or personal leave
without pay for family care purposes, employees shall if required, establish by
production of a medical certificate or statutory declaration the illness of the
person in need of their personal care.
Note: The taking of leave for family care applies in
addition to:
(a) the accrual of
5 flexi days, rostered days off or special days off to attend to family related
matters; and
(b) the provisions
of personal leave contained in TransGrid's Grid Standard.
29.3 Eligibility
To be eligible to take leave for family care, the
employee must be personally responsible for the care or support of the person
who is ill.
The person who is ill must be either any dependent
child or immediate family member including:
(a) the employee's
spouse or former spouse; or
(b) the employee's
de facto spouse or former de facto spouse who:
(i) is of the
opposite sex; and
(ii) lives with
the employee as the husband or wife on a bona fide domestic basis although not
legally married to the employee; or
(c) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(d) a child or an
adult child including an adopted child, a step child, a foster child or an
ex-nuptial child; who is wholly or substantially dependent on the employee or
in need of care or support;
(e) a parent or
step-parent of the employee or of a spouse or former spouse of the employee,
including foster parent, legal guardian, authorised carer; or
(f) a grandparent
or step-grandparent of the employee or of a spouse or former spouse of the
employee; or
(g) a grandchild
or step-grandchild of the employee or of a spouse or former spouse of the
employee; or
(h) a sibling or
step-sibling of the employee or of a spouse or former spouse of the employee;
or
(i) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse because of marriage, has to blood
relatives of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
29.4 In the event of
an employee’s:
(a) spouse or
former spouse; or
(b) de facto
spouse, who;
(i) is of the
opposite sex; and
(ii) lives with
the employee as the husband or wife on a bona fide domestic basis although not
legally married to the employee; or
(c) same sex
partner who lives with the employee as the de facto partner on a bona fide
domestic basis
becoming ill, leave for family care may also be approved
to care for or support the employee’s children:
(a) where no other carer is available; or
(b) until alternative arrangements are made.
29.5 Notify early
Additionally if practicable, the employee must give to
TransGrid:
(a) notice prior
to the absence of the intention to take leave; and
(b) the name of
the person requiring care; and
(c) their
relationship to the employee; and
(d) the reasons
for taking such leave; and
(e) the estimated
period of absence.
If it is not practicable for the employee to give prior
notice of absence the employee shall notify TransGrid by telephone of such
absence at the first opportunity on the day of absence.
29.6 Use of Sick
Leave
An employee may apply for sick leave with pay when
sufficient sick leave exists to cover the requested period of absence. The
amount of sick leave approved for such purposes for each employee will not
exceed that accrued during the current year and the three previous years.
29.7 Use of Annual
Leave
Subject to the Annual Leave Act, 1944, employees may
apply for annual leave:
(a) when they have
an annual leave credit to cover the requested period of absence; and
(b) for periods
not exceeding five days in any calendar year, at a time(s) agreed to by local
management. The number of "separate periods" of annual leave may be
increased beyond the 1, 2 or 3 separate periods shown in 26. Annual Leave.
29.8 Use of personal
leave without pay
An employee may apply for personal leave without pay.
29.9 Make-up time
Employees on day work may, with the approval of
TransGrid, work "make-up" time under which they:
(a) take time-off
during ordinary hours; and
(b) work those
hours at a later time during the spread of ordinary hours.
29.10 Employees on
shift work may, with the approval of TransGrid, work "make-up" time
under which they:
(a) take time-off
during ordinary hours; and
(b) work those
hours at a later time at the shift work rate applicable to the hours taken off.
29.11 Time off for
additional time worked
Employees may, with the approval of TransGrid, take
time-off in lieu of payment for overtime. Such time-off must be:
(a) taken at a
time(s) agreed to by local management; and
(b) taken at the
ordinary time rate (i.e. an hour off for each hour worked).
30. Standby and
"On Call"
30.1 Who qualifies
for standby?
Employees who are required to be available for
emergency and/or breakdown work at any time:
(a) are required
to remain in communication; and
(b) 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 TransGrid and the relevant union(s).
30.2 How much is
standby allowance?
Standby allowance is $164.00 per week.
The standby allowance is to be adjusted by the salary
increase to be paid in December, 2006.
30.3 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.
30.4 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.
30.5 Public holidays
Employees required to be on standby on a public holiday
have the option of either:
(a) having a day
added to their accrued annual leave entitlement; or
(b) being paid an
additional day's pay.
This payment is to be made in the week the public
holiday falls.
30.6 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.
30.7 Professional
Officers - "on call"
Professional Officers who are "on-call" must
be paid an allowance of $164.00 per
week.
The "on-call" allowance is to be adjusted by
the salary increase to be paid in December, 2006.
30.8 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 20. Overtime-Day
Work. They must receive a minimum 3
hours pay.
30.9 Payment of
overtime worked when called out-shift workers
"Approved" shift workers who are notified
after leaving work must be paid in accordance with 21. Overtime - Shift Work if
the overtime commences:
(a) two hours or
more before the ordinary commencing 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
21. Overtime - Shift Work.
Additionally, in the case of non-merging overtime, the
appropriate rate in 21. Overtime - Shift Work applies from the time of
commencing overtime to the time of commencing the next rostered shift.
Note 1:
Standby and On Call allowances now incorporate what was
previously termed Home Telephone Allowance; provided for under the Grid
Standard Procedure GD ES G2 004 - Home Telephone Allowance and Reimbursement of
Business Telephone Calls.
The
parties agree that no further claims or payments related to home telephone
allowance will be made.
31. Working Away from
Headquarters
31.1 Overnight
absence from home
When employees are transferred to a temporary
headquarters and the period of temporary transfer requires them to be absent
from their usual place of residence overnight, TransGrid must provide them with
accommodation wherever practicable at its own expense. For each night's
absence, employees must be paid an allowance of:
(i) $14.40
when interstate; or
(ii) $11.60
when intrastate.
31.2 Where
accommodation is not provided employees may arrange their own accommodation in
which case TransGrid will pay the following allowances:
(i) Capital
Cities
Australian Tax Office (ATO) Reasonable Allowance
Amounts based on Salary of $81,400 & below.
(Note these reasonable allowance amounts are set annually
by the ATO in the Taxation Ruling Income Tax: reasonable allowances amounts,
for the relevant income year).
(ii) other than
Capital Cities
- first night
|
- $174.50
|
|
|
- each additional night
|
- Relevant ATO reasonable Allowance per
|
|
amount for High Cost Country Centre,
|
|
Tier 2 Country Centre or Other Country
|
|
Centre as ATO Ruling.
|
(The amount for "other than Capital Cities" -
first night" ($174.50) will remain unchanged until overtaken by the ATO
Reasonable Amount at some time in the future.
The amount for "other than Capital Cities" - first night will
then conform to ATO rates from then on).
Employees' temporary accommodation must be as near as
practicable to their temporary headquarters.
The allowances shall be paid for three calendar months
only. For periods exceeding three calendar months other conditions as detailed
in the Grid
Standard will apply.
Where the cost of accommodation and meals whilst
working away from headquarters exceeds ATO reasonable allowances, TransGrid
will pay reasonable actuals.
31.3 Incidental
Expenses
Employees will not be able to claim reimbursements for
travel related incidental expenses unless the incidental expenditure exceeds
$14.55 (the incidental component of the ATO rate as amended).
31.4 The requirement
that employees must work at a temporary headquarters must, at an employee's
request, be terminated upon the employee completing a continuous period of
twenty six ordinary working weeks, including public holidays, at the temporary
headquarters.
If TransGrid grants approval, the period of an
employee's attachment to the
temporary headquarters may be extended. The period of
the extension must be treated as temporary attachment for all purposes.
These provisions do not apply to periods worked at the temporary
headquarters, beyond twenty six ordinary working weeks, to employees who do not
request the termination of such attachment.
Continuity of the twenty six ordinary working weeks
period shall not be considered to have been broken by periods of:
(a) annual and
long service leave
(b) sick leave
(c) accident leave
(d) personal leave
with or without pay
(e) temporary
transfers to other headquarters or return to own headquarters for periods not
exceeding four continuous working weeks including public holidays.
31.5 Returning home
after extended periods away
TransGrid 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 TransGrid considers it economical.
31.6 Employees
returning home from their temporary headquarters on approved weekend travel
must:
(a) do so by the
most economic and efficient form of transport which must be paid for by
TransGrid; and
(b) be paid a meal
allowance of $12.90 for each forward and return journey only if they have
worked the full ordinary hours at the temporary headquarters on the day of
travel.
32. Travelling Time
and Fares
32.1 Employees are
required to travel to and from their usual place of residence
and headquarters, once each ordinary working day or
rostered shift. These trips are made at
the employees' own expense.
32.2 Travelling -
working at temporary headquarters & merging overtime
Employees who are required to travel in association
with:
(a) work at a
temporary headquarters; and/or
(b) overtime which
merges with ordinary working hours are entitled to be paid excess travelling
time in accordance with 32.4 below.
32.3 Who can claim?
Only employees at salary point 35 or below or employees
who worked 40 ordinary hours per week prior to 1st June, 1979 can claim excess
travelling time.
32.4 How is
travelling time calculated?
An employee's excess travelling time will be calculated
by:
(a) deducting an
agreed normal time from the agreed standard time of a journey; and
(b) paying the
difference at appropriate overtime rates.
Normal Time
Will be the time taken to travel the distance from an
employee's usual place of residence to a point on a 5km radius from the
employee's permanent headquarters based on a speed of 45kph.
Standard Time
(a) Locations
within Sydney or Newcastle Metropolitan Areas
Will be the reasonable distance travelled at a speed of
45kph.
(b) Other
Locations
Will be established by agreement between local
management and a local employee representative. (Where possible the times set
out in the Roads and Traffic Authority's NSW Road Maps will be used.)
For locations on a transmission line, standard times
will be established by:
(i) dividing the
transmission line into a number of sections
(ii) recording the
time taken to reach the mid-point of each section
(iii) using this as
the standard time while working on this section.
If a journey takes substantially longer than the
standard time established under (a) or (b) due to an accident or other
exceptional circumstances, the employee may request and, upon acceptance of the
reason, be paid for the additional time taken for the journey outside normal
working hours.
32.5 Travelling -
when requested to work non-merging overtime after normal ceasing time
Employees, who are requested after their normal ceasing
time to travel and to work non-merging overtime, are to be paid travelling time
at the appropriate overtime rate from the time of leaving their usual place of
residence to the time of their return.
32.6 Travelling -
when requested to work non merging overtime before normal ceasing time
Employees, who:
(a) are requested
before their normal ceasing time to work non-merging overtime; and
(b) travel
directly from their place of work to another location to work overtime, are to
be paid travelling time at the appropriate overtime rate from the time of
leaving their place of work to the time of return to their usual place of
residence.
32.7 Employees
cannot claim for any time spent travelling during ordinary working hours or
shifts.
32.8 Fares
(a) Employees who
work at a temporary headquarters are entitled to be paid for excess fares based
on $0.60 per km for associated travel.
(b) employees who
work overtime merging with ordinary working hours are entitled to be reimbursed
for excess fares paid for associated travel
(c) employees who
work overtime not merging with ordinary working hours are entitled to be paid
for fares based on $0.60 per km for associated travel.
(d) fares or
excess fares are not payable when transport is provided by TransGrid
(e) when
considered appropriate by local management taxis may be used at TransGrid's
expense.
32.9 Higher Grade
Travelling time in connection with work for which an
employee is receiving higher grade pay must be paid at that higher grade rate.
33. Grievance and
Dispute Procedure
33.1 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 Team Leaders.
33.2 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 Team Leader(s).
(b) The Team
Leader(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:
Team Leader Representative
Management Representative
Delegate or employee 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) 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 the foregoing procedure it may then be
submitted to the Industrial Relations Commission of New South Wales.
(h) Until the
matter is resolved in accordance with this procedure, except where a genuine
safety issue is involved, the conditions that applied prior to the disputed
change will remain, without interruption and prejudice to final settlement.
34. Public Holidays
and Picnic Day
34.1 Public holidays
The following days are observed as public holidays:
(a) all proclaimed
holidays observed throughout New South Wales
(b) Picnic Day.
34.2 What is a 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.
34.3 What is a shift
worker entitled to?
Shift workers are:
(a) paid for
public holidays in accordance with 19. Shiftwork; and Schedule A of this Award.
(b) not entitled
to be paid if absent without approval when the shift worker's normally rostered
shift falls on a public holiday.
34.4 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 equivalent hours of shifts
(b) approved sick
leave without pay.
34.5 Picnic Day
Picnic Day will be observed:
(a) on the last
Monday in November; or
(b) on a working
day to be determined mutually by local management and employees at each
location.
34.6 The conditions
for pay set out in 34.2 to 34.4 apply to Picnic Day.
35. Parental Leave
35.1 Parental Leave
The provisions of the Industrial Relations Act 1996
shall apply. Employees who are eligible for maternity or adoption leave under
the Industrial Relations Act 1996 shall be entitled to receive up to fourteen
(14) weeks paid leave (or twenty-eight (28) weeks at half pay) at their
ordinary rate of remuneration.
Employees who are eligible for paternity leave under
the Industrial Relations Act 1996 shall be entitled to receive up to one (1)
week of paid leave (or two (2) weeks at half pay) at
their ordinary rate of remuneration.
36. Miscellaneous
36.1 Union Delegates
TransGrid recognises that union delegates have a right
to be treated fairly and perform their role without any discrimination in
employment.
Union delegates will be provided with access to
available resources, which will allow them to carry out their delegates’
responsibilities.
Delegates are entitled to receive Personal Leave with
Pay for Trade Union Leave. It is
expected, however, that the leave would be kept to a minimum and that, on
average, not more than 5 days leave per year would need to be taken to:
(a) participate in
presentation of a union case before an Industrial Tribunal, or
(b) attend trade
union training courses, or
(c) attend annual
or bi-annual union conferences, or
(d) attend union
Executive/Committee of Management meetings.
36.2 Holding of
meetings on TransGrid's premises
Permission to hold any meeting on any of TransGrid's
premises must be requested by the union(s) concerned.
Such a request must be made to the local Manager 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 be approved the
messroom may be used within the time agreed upon by the Manager and the person
making the request.
Should a request for such a meeting not be approved the
meeting must not be held on TransGrid's premises.
Unless approved, employees must not be paid for time
lost attending such meetings.
36.3 The right of
entry of a union officer conferred under Chapter 5, Part 7 of the Industrial
Relations Act 1996 is not affected by the above provisions.
36.4 Professional/
compulsory fees
Employees, who are required by legislation:
(a) to be members
of a professional body or registered Authority; or
(b) to pay other
compulsory fees
in order to carry out the duties and functions of their
positions, will have such fees paid or reimbursed by TransGrid.
The compulsory fees referred to in (b) above do not
include those associated with basic trade or tertiary qualifications.
36.5 Skills
Development Programs
(a) Skills
development is an integral part of the aims of all parties to this Award. TransGrid will assist employees to develop
their personal level of skills to enable them to choose agreed career paths
within the organisation.
(b) All Power
Workers and Tradespersons will have an agreed Skills Development Program.
(c) Each Power
Worker and Tradesperson will be provided access to the training identified in
their Program where the training/skills are relevant to the business needs of
TransGrid.
(d) Power Workers
and Tradespersons, who are requested by TransGrid to utilise skills which are
additional to their individual agreed Skills Development Programs are to be
advanced to the Salary Point applicable to the duties. This does not include circumstances
involving Acting in Higher Grade or carrying out duties associated with a
special project.
36.6 Power Workers
responsible for a work team
Power Workers, who are required to be responsible for a
work team, are to be paid an additional Salary Point for the period they are
responsible for that team.
This provision does not apply to Tradespersons (A/C).
36.7 Annual Travel
Passes
Employees may request TransGrid to pre-purchase annual
rail, bus or ferry passes for daily journeys to and from work.
If approved, TransGrid will pre-purchase annual travel
passes on behalf of employees who must agree to repay TransGrid by weekly
payroll deductions from their after-tax salary over one year, the cost of the
travel pass.
Employees must agree to comply with the conditions for
annual travel passes which are detailed in the relevant Grid Standard.
36.8 Leave Reserve
Leave is reserved to the parties in relation to the
following matters:
(a) Discussions in
relation to the concept of union bargaining agent fees.
(b) Discussions in
relation to union only picnic day.
(c) Discussions in
relation to a review of the salary point rate classification structure
(d) Review of
scope of Award (Senior Contract Employees).
(e) Discussions to
consider concept of Annual Leave at Half Pay.
(f) Discussions
in relation to contractor entry consultation record.
(g) Discussions in
relation to the concept of Phased Retirement.
(h) Discussions in
relation to the extension of salary sacrifice benefits.
37.
Anti-Discrimination
It is the intention of the parties bound by this Award to
seek to achieve the object in Chapter 1, 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 carer’s responsibilities.
Further, the parties bound by this Award also seek to ensure
and achieve equal remuneration for men and women doing work of equal or
comparable value.
It follows that in fulfilling their obligations under the
dispute resolution procedure prescribed by this Award the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this Award are not directly or indirectly discriminatory in their
effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the Award which, by its terms or operations, has a direct or
indirect discriminatory effect.
Under the Anti-Discrimination Act 1977, it is unlawful to
victimise an employee because the employee has made or may make or has been
involved in a complaint of unlawful discrimination or harassment.
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.
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.
Schedule A
Averaged Salary under clause 19 of the TransGrid Employees
Award 2004 is calculated on the following shift work provisions, which were
previously contained within clause 19, of the TransGrid Employees Award 2002.
This schedule outlines the general rules governing shift
work arrangements in TransGrid.
19. Shift Work
19.1 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.
19.2 Both types of
shift work may be worked:
Monday to Friday inclusive; or
Monday to Saturday inclusive; or
Monday to Sunday inclusive.
They begin and end on any of the days in these periods.
19.3 Ordinary hours
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 a roster cycle must not be more than:
Number of weeks in roster cycle multiplied by 35 hours.
19.4 These ordinary
hours must be worked during the hours for which the employees are rostered for
duty.
19.5 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
21. Overtime - Shift Work for rates.)
Shift Allowance
19.6 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.
TransGrid will decide the commencing and finishing
times of shifts to suit the needs and circumstances of each establishment.
19.7 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
$8.30
|
|
|
Afternoon
|
-the greater of 20% of single time and $30.30
|
|
|
Night
|
- the greater of 20% of single time and $30.30.
|
19.8 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 Shift
|
- 30% of single time or a
reduced number of weekly hours at time and
|
|
one quarter to give the shift
worker the equal of a full week's
|
|
ordinary pay
|
19.9 Shift workers
rostered on other continuous night shift rosters for two weeks or less must be
paid for such shifts the overtime rates in 20. Overtime - Day Work.
19.10 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 19.12
19.11 The allowances
are not paid to shift workers for overtime or for any shift for which they are
paid overtime penalty rates.
Shift Penalty
19.12 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.
19.13 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
|
19.14 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
19.15 Roster loading
Payment of roster loading is made as compensation for
the unevenness of payments under this Agreement. Payment is also made instead of shift disabilities not covered by
payments under this Agreement 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.
19.16 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.
19.17 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.
19.18 Roster loading -
excluded employees
Roster loading is not payable to employees, who are
engaged on irregular shift work, i.e. in respect of a roster which does not
continue for more than one month and which attracts overtime penalty rates.
19.19 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.
19.20 Day workers
required to transfer to a shift 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
19.21 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
operator 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.
19.22 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 34. Public
Holidays and Picnic Day. If higher
grade pay is involved, the provisions of 24.8 apply.
19.23 Not required for
work on a public holiday
Shift workers when, according to their controlling
officer, are not required to 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.
19.24 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.
19.25 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.
19.26 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.
19.27 Time of transfer
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.
19.28 Ten hour Break
Shift workers are entitled to a break of at least 10
consecutive hours between finishing shift work and commencing day work.
19.29 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 employee's 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 all
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.
19.30 Day workers on
irregular shift work
Day workers required to work relieving temporarily on
irregular shift must be paid for the ordinary hours worked on that roster: work,
(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.
19.31 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.
19.32 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.
19.33 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
19.34 Handover
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.
19.35 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 16.66 minutes for each shift. When shift workers transfer from one roster to another, this time
off must be taken in accordance with the roster system to which they are
transferring. They are entitled to this
time off even when they are absent from work on paid leave.
19.36 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.
19.37 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.
19.38 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.
19.39 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.
19.40 Overtime shifts
are not included in calculating handover time.
Schedule B
Part-Time Working
Agreement
I,
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agree to work part time in accordance with the following
terms and conditions.
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TransGrid Employees Award 2006
This part-time working agreement is subject to the terms and
conditions of the TransGrid Employees Award 2006.
Duration
This part-time working agreement will be effective from the
date of approval by the relevant General Manager.
This part time working agreement will cover the period
from
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to
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Please note part-time working agreements are valid up to a
maximum duration of twelve (12) months.
Classification
Your classification of employment under this part time
agreement is
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at salary point
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For the duration of this agreement you will be paid at the
hourly rate for your classification.
Hours and Days
The number of hours to be worked per week will be
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The days on which these hours will be worked along with
commencing and finishing times for the work will be
Day
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Hours
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Commencing and
Finishing times
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Monday
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to
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Tuesday
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to
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Wednesday
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to
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Thursday
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to
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Friday
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to
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Meal Breaks
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to
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Entitlements
Please note that adjustments will be made to your
entitlements.
As a part time employee your entitlements are in proportion
to the number of ordinary hours worked to full-time ordinary working hours.
Leave entitlements will be based on the pro-rata allocation
of full-time entitlements during the part-time working arrangement.
Return to Full-time Work
Please note you will be able to return to full-time work at
the end of the period of part-time work.
An employee returning to full-time work after a period of
part-time work is entitled to be employed in:
the position held by the employee immediately before
proceeding on the part-time working agreement.
Where Position No Longer Exists
If the position no longer exists or has changed so that it
is no longer the same job, but there are other positions available that the
employee is qualified for and is capable of performing, the employee is
entitled to be employed in a position which is as close as possible in status
and salary to that of the employee’s former position.
Variation of this Agreement
This arrangement may be reviewed at any time at the request
of either party.
This part-time working agreement may be varied by a further
agreement in writing between TransGrid and the employee.
Payroll Branch/Staffing Services must be informed of any
variations to this agreement.
1. Employee
2. Manager/Team
Leader
3. Group
Manager
4. General
Manager
5.
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WORKPLACE RELATIONS
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att Mr Michael Baldi
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6.
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SENIOR REMUNERATION
OFFICER
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att Ms Corinna Goodfellow
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R. W. HARRISON D.P.
____________________
Printed
by the authority of the Industrial Registrar.