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New South Wales Industrial Relations Commission
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M5 SOUTH WEST MOTORWAY CONSENT AWARD 2005
  
Date04/14/2006
Volume358
Part4
Page No.875
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4418
CategoryAward
Award Code 1638  
Date Posted04/13/2006

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1638)

SERIAL C4418

 

M5 South West Motorway Consent Award 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notification under section 130 by The Australian Workers' Union, New South Wales of a dispute with Interlink Roads re negotiations concerning replacement award.

 

(No. IRC 6074 of 2005)

 

Before The Honourable Justice Backman

15 December 2005

 

AWARD

 

Clause No.         Subject Matter

 

1.         Title

2.         Date of Operation

3.         Definitions

4.         Aims And Commitments

4.1        Aims

4.2        Commitment

5.         Terms Of Engagement

6.         Full-Time Collectors

7.         Rostered Day Off

8.         Casual Collectors

9.         Shift Work

10.       Roster Variations

11.       Overtime Rates

12.       Penalty Rates

13.       Rates of Pay

14.       Electronic Funds Transfer

15.       Rosters

16.       Restrictive Work Practices

17.       Technological Change

18.       Emergency Work

19.       Superannuation

20.       Annual Leave

21.       Sick Leave

22.       Long Service Leave

23.       Public Holidays

24.       Jury Service

25.       Bereavement Leave

26.       Parental Leave

27.       Personal/Carer's Leave

28.       Anti-Discrimination And Harassment

29.       Occupational Health And Safety

30.       Income Protection Scheme

31.       Uniforms

32.       Medical Examinations

33.       Hepatitis Injections

34.       Training

35.       Alcohol And Other Drugs

36.       Counselling Procedures

37.       Termination of Employment

37.1      Summary Dismissal

37.2      Termination on Notice

38.       Redundancy

39.       Union Procedures

39.1      Entry

39.2      Delegates

39.3      Union Meeting

39.4      Union Training

40.       Dispute Avoidance And Grievance Procedure

41.       No Duress

42.       No Extra Claims

 

1.  Title

 

The short title of this Award shall be the "M5 South West Motorway Consent Award".

 

2.  Date of Operation

 

This award rescinds and replaces the M5 South West Motorway Consent Award 2002 published 4 July 2003 (340 I.G. 246).

 

This Award shall operate from 15 December 2005 and shall remain in force until 15 December 2008.

 

3.  Definitions

 

"Afternoon Shift" means a shift as defined in clause 9.1 (b).

 

"Award" means the Interlink Roads M5 South West Motorway Consent Award.

 

"Collector" as the context allows means an employee whether employed as casual or not, who is engaged to work on a regular basis designed to cover operations twenty four hours per day, seven days per week fifty two weeks per year and where the Collector is regularly required to work on Saturdays, Sundays and Public Holidays carrying out duties as defined in Clause 5.3. A Collector may collect payments or otherwise provide assistance at a toll plaza as directed by the Supervisor or Controller.

 

"Controller" means persons engaged by Interlink to control all operations on the Motorway during a shift. Controllers provide instruction and guidance to Supervisors and Collectors.

 

"Day Shift" means a shift as defined in clause 9.1(a).

 

"Day Shift Rates" shall mean the hourly rate payable to a Collector employed on the day shift as defined in clause 9.1(a) of this Award. The day shift rate is set out in Appendix A to this award.

 

"Interlink" means Interlink Roads Pty Limited.

 

"Management" means persons engaged by Interlink on a salary basis either in a supervision or management capacity.

 

"Master Collector Roster" or "Roster" means the roster of working hours and shifts for a typical four weekly Roster Cycle.

 

"M5" means the M5 South West Motorway as augmented or changed from time to time generally extending from King Georges Road, Beverly Hills to the F5 Freeway south of Campbelltown Road at Prestons.

 

"Night shift" means a shift as defined in clause 9.1(c).

 

"Parties" means Interlink, the Union and the Collectors.

 

"Premises" means all the land on which Interlink carries out Motorway activities.

 

"Roster Cycle" means a typical four-week period on the Master Collector Roster for the Full-time Collectors.

 

"Supervisor" means a person engaged by Interlink to supervise the work of Collectors.

 

"Union" means the Australian Workers' Union New South Wales.

 

4.  Aims and Commitments

 

4.1        Aims

 

The Parties have agreed to work together to develop a committed, flexible and skilled workforce that is focused on high productivity and safe working conditions in an endeavour to maximise the opportunity for continuous work for Collectors by a combination of more flexible manning arrangements, increasing traffic flows and by minimising costs. The Collectors agree to carry out Collector's duties as defined in clause 5.3. Interlink recognises that its Collectors can play a role in achieving these broad objectives.

 

In particular the Parties have agreed to the following specific objectives:

 

(a)        To provide a safe and healthy work place, and where State or National Occupational Health and Safety Standards and Codes of Practice exist they will be adhered to, and regarded as a minimum standard;

 

(b)        The empowerment of individuals to make and be accountable for decisions;

 

(c)        A strong emphasis on teamwork;

 

(d)        The encouragement of innovative action and best practice';

 

(e)        To provide a genuine consultation involving Interlink with the Collectors and the Union;

 

(f)         To focus on the long term satisfaction of Interlink and its customers;

 

(g)        To provide and maintain effective communication between Interlink, the Collectors and the Union;

 

(h)        To focus on improving the quality of service to the public;

 

(i)         To provide training to Collectors;

 

(j)         To ensure that the M5 South West Motorway remains open for 24 hours per day in order to collect tolls.

 

4.2        Commitment

 

The Parties to this Award are committed to ensuring that:

 

(a)        This Award will lead to real gains in productivity and workplace efficiencies, without any reduction in health and safety standards.

 

(b)        The Award be observed.

 

(c)        No further increases or decreases in any conditions, including but not limited to rates of pay, to those provided for in this Award will be claimed or paid.

 

(d)        No stoppage of work or other forms of industrial action will occur at any time.

 

5.  Terms of Engagement

 

5.1        Interlink shall inform each Collector as to the terms of his or her engagement and whether he or she is employed on a full time or casual basis.

 

5.2        It is a fundamental term of employment that Collectors have to deal with the public and provide friendly, courteous service at all times. Collectors shall be required to present a neat appearance to the public at all times and to be punctual and diligent in commencing times for shifts. Failure to do so may lead to disciplinary action or dismissal. Collectors will handle large sums of cash and will be subject to regular security and audit procedures during their employment. In the event of any misappropriation of funds Collectors will be liable to dismissal without notice.

 

5.3        The duties of a Collector include, but are not limited to:

 

the swift and accurate collection of tolls ensuring minimal delays to customers,

 

the provision of a high level of customer service,

 

the operation of the manual toll collection system,

 

the provision of assistance to customers in automatic lanes,

 

the identification and rectification of minor malfunctions in the toll collection equipment,

 

Other duties as reasonably directed by the Supervisor or Controller from time to time.

 

5.4        Collectors will be supervised on each shift by a Supervisor. From time to time, a Collector may be required to act in the capacity of Supervisor and in those circumstances, that Collector will be paid at the rate set out in clause 13.3 and, at any time, a Supervisor may act as a Collector.

 

5.5        All Interlink policies as varied from time to time form part of the terms of Collectors' employment and Collectors shall act in accordance with all Interlink policies as varied from time to time. Employees will be informed of current policies at the time of employment. Wherever possible, employees will be advised of changes in policy two weeks prior to their implementation and Interlink will consult in good faith with employees where changes in policy may affect employees working conditions.

 

5.6        Collectors' employment shall be subject to the successful completion of a two month probationary period. Interlink shall advise each Collector, prior to the expiration of the two month probationary period as to whether their employment shall continue.

 

6.  Full-Time Collectors

 

6.1        Full-time Collectors shall each work an average of 38 hours per week over each four week Roster Cycle and 152 hours over the four week period in accordance with the Roster. The 152 hours will comprise of eight-hour shifts as defined in the Roster.

 

The Roster may vary from time to time but any changes to the Roster will be agreed with the affected Collectors. However, the total 152 hours worked in each Roster Cycle will not fluctuate.

 

6.2        A Collector must be available for all shifts as per the Roster and will work the times prescribed in the Roster and will perform all necessary duties in each Shift. Hand overs at the conclusion of each shift and commencement of the next shift shall take place in the Toll Booth.

 

6.3        After every two hours on duty, Collectors shall take a paid break of no more than twenty (20) minutes duration from the rostered workplace, such break to be taken in the lunchroom or other areas as approved by management

 

6.4        As near as possible to the middle of each shift Full-time Collectors are required to take a meal break of not less than thirty five (35) minutes. A failure to take a meal break of not less than thirty five (35) minutes shall not result in shortening the time of the roster, of this thirty five (35) minutes meal break, thirty (30) minutes is unpaid. When this meal break occurs, this break is in substitution for a paid break otherwise prescribed by sub-clause 6.3.

 

6.5        Where the Company requires a Collector to work through a rostered break, the Collector is entitled to take the rostered break as soon as is practicable thereafter.

 

6.6        Fulltime Collectors will have at least 10 consecutive hours off duty between consecutive shifts of work.

 

7.  Rostered Day Off

 

Working hours shall be worked in accordance with the Roster with 0.4 of one hour each 8 hours worked accruing as an entitlement for each Full-time Collector to take an RDO every four week cycle. A paid RDO shall be taken in accordance with the Roster RDO provisions of this Award.

 

8.  Casual Collectors

 

8.1        "Casual Collector" shall mean a Collector engaged to carry out the duties of a Collector but who is employed and paid by the hour with no guaranteed hours of work per week and whose employment terminates at the end of each engagement.

 

8.2        A Casual Collector shall be provided with a minimum of three hours work each shift.

 

8.3        A Casual Collector must be reasonably available for work on call at the discretion of management.

 

8.4        After every two hours on duty, a Casual Collector shall take a paid break of no more than twenty (20) minutes duration from the rostered workplace. The break shall be taken in the lunchroom or other areas as approved by Management.

 

8.5        Where a Casual Collector works more than four (4) hours on any given day, such Collector shall be entitled to a meal break of not less than 35 minutes for the purpose of taking a meal, of this thirty five minute meal break, 30 minutes is unpaid. Where an unpaid meal break occurs, this break is in substitution for a paid break otherwise prescribed by sub-clause 8.4. A failure by the Casual Collector to take an unpaid meal break shall not be compensated.

 

8.6        Where the Company requires a Casual Collector to work through a rostered break, the Casual Collector is entitled to take the rostered break as soon as is practicable thereafter.

 

8.7        Casual Collectors will have at least 10 consecutive hours off duty between consecutive shifts of work (except when working both morning and afternoon on the same day).

 

8.8        Casual Collectors shall be paid a 20% loading as prescribed in Appendix ‘A’.

 

9.  Shift Work

 

9.1

 

(a)        "Day Shift" means a shift which starts between 5.00am and 1.00pm.

 

(b)        "Afternoon Shift" means a shift which starts between 1.00pm and 9.00pm. 17.5% shift allowance.

 

(c)        "Night Shift" means a shift which starts between 9.00pm and 5.00am. 20% shift allowance.

 

9.2        In the event of the oncoming Collector not reporting for duty at the normal shift changeover time, the off going Collector shall remain on duty for up to a maximum of one hour until relieved. A Collector who remains on duty after his/her shift and is waiting for a Shift Relief for more than fifteen (15) minutes will be paid for the additional time at the appropriate rates. Should relief be required for less than fifteen (15) minutes between two Collectors, the off going collector will not be paid any additional payment and the two Collectors shall endeavour to return the relief to the other party between themselves.

 

10.  Roster Variations

 

10.1      In the event that a Full-time Collector seeks to vary the Roster by agreement, each Collector shall be required to comply with the following:

 

to find their own replacement for any shift change;

 

the replacement must be approved by the Operations Manager or his nominee;

 

the replacement must be an existing Collector;

 

Collectors who use the replacement provisions must return the time worked to the other Collector between themselves without any cost to Interlink;

 

10.2      Any Collector who requires a shift change must complete the "Application For Change of Roster Form" (IRF-OPS-008) and have it approved by the Operations Manager or his nominee prior to the shift change occurring.

 

10.3      Casual Collectors may each request Twelve (12) shift changes per year, for approximately the equal amount of hours within the same pay week. Example: if working four (4) hours then the exchange will be for a four (4) hour shift (within a margin of thirty minutes, more or less) and can be exchanged with a Fulltime Collector for like hours. The Casual Collector must follow the same procedure as a Fulltime Collector.

 

11.  Overtime Rates

 

11.1      Where a Collector, but for this subclause, would be entitled to receive overtime rates and penalty rates, the Collector shall be entitled to receive either of the overtime rate or the penalty rate, whichever is the higher applicable to the work, but not both rates.

 

11.2      Overtime rates and penalty rates shall be calculated by reference to the day shift rate only and not reference to any shift allowance.

 

11.3      Collectors shall be paid at the rate of double time for all time worked in excess of eight hours per day.

 

11.4      A Collector (other than a casual Collector who works both morning and afternoon on the same day) who has not had at least 10 consecutive hours off duty shall be released after completion of shift until he or she has had 10 consecutive hours off duty without loss of pay.

 

If, on the instruction of the employer, such Collector (other than a casual Collector who works both morning and afternoon on the same day) resumes or continues work without having had 10 hours consecutive hours off duty, then he or she shall be paid at double time until being released from duty for that period and shall then be entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay.

 

11.5      Clause 11.1, 11.2 and 11.3 above, shall not apply where the time worked is by arrangement between the Collectors themselves, or when the rotation of shifts (e.g. afternoon to night) has necessitated work in excess of the ordinary hours as part of a revised roster.

 

11.6      Collectors will be required to work a reasonable amount of overtime under the terms of this Award.

 

11.7      Overtime opportunities will be extended to full-time, then casual Collectors in that order of priority where overtime will be allocated for an entire shift.

 

11.8      Collectors who are required to work unscheduled continuous additional hours on any shift for a period of two hours or more after normal finishing time, shall be paid a meal allowance of $10.00, unless notified on the previous day of the intention to work such additional hours.

 

12.  Penalty Rates

 

12.1      The following penalty rates apply for work performed on Saturdays, Sundays and public holidays:

 

Saturdays - Single time and one half calculated in accordance with the day shift Rate.

 

Sundays - Double time calculated in accordance with the day shift rate.

 

Public holidays - Double time and one half calculated in accordance with the day shift rate.

 

12.2      Full-time Collectors shall receive a minimum payment of four hours pay at the appropriate rate for time worked on a public holiday in circumstances where Collectors are called out to work that public holiday for which they are not otherwise rostered.

 

13.  Rates of Pay

 

13.1      Collectors shall be paid in accordance with the rates set out in Appendix 'A' to this Award.

 

13.2      The parties acknowledge that the rates of pay set out in Appendix 'A' to this Award incorporate shift allowances (afternoon, night, Saturday, Sunday and Public Holiday), and all other allowances with the exception of overtime allowances.

 

13.3      A Collector who is rostered to act in the capacity of a Supervisor shall be paid an additional $4.75 per hour to the wage rates for a collector defined in this Award for hours worked as a Supervisor. The $4.75 per hour shall be paid for hours worked only and will not attract any penalty or premium.

 

13.4      Following an increase of three per centum (3%) paid 10 January 2006. This Award contains provision for a wage increase of Two per centum (2%) every 6 months in accordance with Appendix 'A' to this Award. The first wage increase is effective from 12 May 2006 with the balance of the wage increments, each of Two per centum (2%) in accordance with Appendix 'A'.

 

13.5      Public holidays shall be calculated and paid to staff (other than Casuals Collectors) who are not rostered to work on a public holiday at the equivalent of eight hours at the day shift rate.

 

14.  Electronic Funds Transfer

 

All wages will be paid by means of electronic funds transfer into a bank account designated by each Collector. Bank charges are the responsibility of each Collector having been taken into account in setting rates of pay prescribed in this Award.

 

15.  Rosters

 

The Parties agree to review the roster during the life of this Award each 6 monthly period. Roster changes, if any, to improve efficiency of operations or working conditions will be implemented after consultation with Collectors and the site delegates.

 

16.  Restrictive Work Practices

 

It shall be a key function of all Collectors to:

 

(a)        Formulate an action plan aimed at the elimination of any restrictive "work" practice; and

 

(b)        Carry out the action planned.

 

17.  Technological Change

 

The Parties to this Award accept that during the life of this Award it may be necessary to discuss technological change, within the operations. If this situation arises all Collectors and the site delegates will be kept informed on any proposed changes.

 

18.  Emergency Work

 

The Parties to this Award agree that during the life of this Award it may be necessary to change the hours of work for certain Collectors who may be required to work extended hours during an emergency. Collectors who are required to work extended hours after ordinary ceasing time shall be paid at overtime rates.

 

19.  Superannuation

 

19.1      Interlink shall pay the Trustee of the Australian Superannuation Employment Trust Fund (or its successor) or the FuturePlus Super (or its successor), on behalf of each Collector, a contribution of an amount as prescribed by the Superannuation Guarantee Administration Act, from time to time. Such fund shall be nominated by the Collector. Contributions shall be payable from the date of the commencement of employment of the Collector.

 

19.2      Interlink will not unreasonably refuse the direction of a Collector to pay a superannuation contribution from the remuneration of that Collector (by way of salary sacrifice) over and above the amount as prescribed by the Superannuation Guarantee Administration Act.

 

20.  Annual Leave

 

20.1      Full-time Collectors shall be entitled to twenty (20) days annual leave per annum upon the completion of twelve (12) months service and twenty five (25) days paid leave per annum thereafter.

 

20.2      Leave may generally be taken at such time or times as may be approved by the Interlink Management.

 

20.3      Periods of leave may be determined to suit Interlink's requirements. Interlink Management may direct Collectors to take annual leave on the giving of one month's notice in writing.

 

20.4      Annual leave entitlements shall be paid in accordance with the day shift rate only.

 

20.5      On termination of employment, Collectors shall be paid an amount in lieu of any untaken annual leave calculated in accordance with the day shift rate only.

 

21.  Sick Leave

 

21.1      Full-time Collectors shall be entitled to 80 hours per annum paid sick leave subsequent to the completion of the probationary period. Employees are not entitled to sick leave during the probationary period, but are entitled to claim payment for sick leave which occurred during the probationary period after completion of the probationary period.

 

21.2      A Collector shall, where practicable prior to, but definitely within twenty-four hours of the commencement of such absence inform Interlink of his/her inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of absence.

 

21.3      If a Collector is unable to attend duty for in excess of two days, the Collector shall prove to the satisfaction of Interlink, by the production of a medical certificate or other evidence satisfactory to Interlink, that he/she was unable on account of such illness or injury to attend for duty on the days for which sick leave is claimed.

 

21.4      Sick leave shall be paid at the day shift rate.

 

22.  Long Service Leave

 

22.1      Collectors shall be entitled to long service leave in accordance with the Long Service Leave Act 1955 (as Amended)

 

22.2      Long service leave is available upon the completion of 10 years continuous service and shall be calculated at the rate of one month for every five years of service.

 

22.3      Long service leave should be taken at a time mutually convenient to the parties but as soon as practicable after the entitlement falls due.

 

22.4      Interlink Management may direct Collectors to take long service leave on the giving of one month's notice in writing.

 

22.5      Collectors with more than five years, but less than 10 years continuous service, whose employment is terminated by Interlink for any reason, except serious and wilful misconduct, or who resign due to illness, incapacity or domestic or other pressing necessity, shall be entitled to the payment of pro rata long service leave, calculated in accordance with the day shift rate only.

 

22.6      Casual Collectors shall be paid long service leave payments at a rate which shall exclude the loading prescribed by clause 8.8 and Appendix "A".

 

23.  Public Holidays

 

Public Holidays means for the purposes of this Award, any public holiday gazetted under the laws of the Commonwealth Of Australia and the state of New South Wales as such, including:

 

(a)        New Years Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Monday

 

Anzac Day

 

Queen's Birthday

 

Labour Day

 

Christmas Day

 

Boxing Day, and

 

(b)        Union Picnic Day being the first Monday in December of each year.

 

All Union Members shall, as far as practicable, be given and shall take this day as Picnic Day and shall be paid to the extent to which they would ordinarily have been paid had the day been a working day. Any Union member required to work on this day shall be paid at the rate of double time and a half for not less than four hours work.

 

Members of relevant Unions named in this Award may be required to produce evidence of Union Membership (i.e. membership ticket).

 

24.  Jury Service

 

24.1      Full-time Collectors required to attend for jury service during rostered working hours shall be reimbursed by Interlink an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount the Collector would have received had the Collector not been on jury service, calculated in accordance with the day shift rate.

 

24.2      Casual Collectors are not entitled to paid jury service.

 

24.3      A Collector shall notify Interlink as soon as possible of the date upon which attendance for jury service is required.

 

24.4      The Collector shall provide Interlink with written proof of attendance, the duration of such attendance and the amount received in respect of such jury services.

 

25.  Bereavement Leave

 

25.1      Full-time Collectors shall be entitled to a maximum of two days paid bereavement leave on each occasion and on production of satisfactory evidence of the death of a person prescribed for the purposes of personal/carer's leave as set out in clause 27.3(b) below.

 

25.2      Casual Collectors are not entitled to paid bereavement leave.

 

26.  Parental Leave

 

26.1      Subject to sub-clause 26.5 and 26.6 Full-time and Casual, Collectors are entitled to a total of 52 weeks unpaid parental leave in connection with the birth or adoption of a child. Parental leave includes maternity leave, paternity leave and adoption leave.

 

26.2      Maternity leave is leave taken by a female Collector in connection with the pregnancy or birth of a child. Maternity leave consists of an unbroken period of leave.

 

26.3      Paternity leave is leave taken by a male Collector in connection with the birth of a child of the Collector or of the Collector's spouse. Paternity leave consists of:

 

(a)        An unbroken period of up to one week at the time of the birth of the child or the termination of the pregnancy (short paternity leave); and

 

(b)        A further unbroken period of not longer than 51 weeks in order to be the primary care giver of the child (extended paternity leave).

 

26.4      Adoption leave is leave taken by a female or male Collector in connection with the adoption by the Collector of a child under the age of five years (other than a child who has previously lived continuously with the Collector for a period of at least six months or who is a child or stepchild of the Collector or of the Collector's spouse. Adoption leave consists of:

 

(a)        An unbroken period of up to three weeks at the time of the placement of the child with the Collector (short adoption leave); and

 

(b)        A further unbroken period in order to be the primary care giver of the child (extended adoption leave).

 

26.5      Full-time Collectors are entitled to parental leave where the Collector has completed at least 12 months continuous service with Interlink.

 

26.6      A Casual Collector is entitled to parental leave where the Collector has completed at least 12 months of continuous service with Interlink as a regular casual employee.

 

26.7      When making an application for parental leave, Collectors must provide Interlink with either:

 

(a)        A certificate from a medical practitioner stating that the employee or spouse is pregnant and the expected date of confinement (birth); or

 

(b)        A statement from an adoption agency or other appropriate body of the expected date of placement of the child with the employee.

 

26.8      The spouse of a Collector applying for parental leave must provide a statutory declaration including details of any parental leave being taken, regardless of whether the spouse is employed by Interlink.

 

26.9      Parental leave cannot be taken at the same time as the Collector's spouse is taking parental leave except for one week at the time of confinement or three weeks at the time of placement of the child.

 

26.10    Annual leave and long service leave entitlements may be taken in conjunction with a period of parental leave provided that the total period of leave does not exceed 52 weeks.

 

26.11    Collectors are required to provide at least 10 weeks written notice of their intention to take parental leave and in the case of maternity and paternity leave, at least four weeks notice of the dates on which they propose to start and end the period of parental leave. In the case of adoption leave, 14 days notice of the dates on which Collectors propose to start and end the period of leave is required.

 

26.12    A Collector may only lengthen or shorten the period of parental leave once by giving Interlink notice in writing stating the period to be changed at least 14 days before the start of the extended period or early return date. Any additional variations are at the discretion of the Interlink Management.

 

26.13    Collectors must confirm in writing his or her intention to return to work not less than four weeks prior to the expiration of the period of parental leave.

 

26.14    At the conclusion of parental leave, Collectors are entitled to return to the same position held immediately prior to commencing parental leave. If that position no longer exists, the Collector is entitled to a position as nearly comparable in status and salary to that of their former position.

 

26.15    While on parental leave, Interlink's contributions to superannuation will be suspended. Personal contributions to superannuation will also be suspended unless the employee elects to continue payment.

 

27.  Personal/Carer's Leave

 

27.1      A Full-time Collector may use, in accordance with this clause, any current or accrued sick leave entitlements provided for in clause 21 above to provide carer support for the class of persons set out in sub-paragraph 27.3 below where the Collector has responsibilities in relation to that person. Such leave may be taken for part of a single day. Casual Collectors are not entitled to personal/carer's leave.

 

27.2      Collectors shall, if required, confirm either by production of a medical certificate or statutory declaration, the nature of the illness of the person concerned and that the illness was such as to require care by another person. In normal circumstances, a Collector must not take carer's leave under this sub-clause where another person has taken leave to care for the same person.

 

27.3      The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(b)        the person concerned being:

 

(i)         a spouse of the Collector; or

 

(ii)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

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

 

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

 

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

 

1.          "Relative" means a person related by blood, marriage or affinity;

 

2.          "Affinity" means a relationship that one's spouse because of marriage has to blood relatives of the other; and

 

3.          "Household" means a family group living in the same domestic dwelling.

 

27.4      A Collector may, with the consent of Interlink, take unpaid leave for the purpose of providing care and support to a member of the class of person set out in sub-paragraph 27.3(b) above where that person is ill.

 

28.  Anti-Discrimination and Harassment

 

28.1      It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

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

 

28.3      Under the Anti-Discrimination Act, 1977 (NSW) it is unlawful to victimise a Collector because the Collector has made or may make or has been involved in a complaint or unlawful discrimination or harassment.

 

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

 

(a)        Any conduct or act which is specifically exempted from anti-discrimination legislation.

 

(b)        Offering or providing junior rates of pay to persons under 21 years of age.

 

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

 

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

 

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

 

29.  Occupational Health and Safety

 

29.1      The Parties agree that every effort will be made to ensure that everyone is provided with a safe and healthy place in which to work, and that compliance is made with all relevant legislation codes and standards. The provisions of the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulations 2001 provides the standards of occupational health and safety to be observed by the Parties to this Award.

 

29.2      It is recognised that safety is a team commitment involving Managers, Supervisors and Collectors working together through consultation and co-operation.

 

29.3      The rights and responsibility of all personnel to express their concern over safety in the workplace and to expect those rights and responsibilities to be addressed is recognised and supported.

 

29.4      Health and Safety Committees will be given every reasonable assistance to do their duties.

 

29.5      Information, instruction and training in safe methods of work, relevant legislation, safety procedures, etc will be provided to all Collectors.

 

29.6      Interlink shall provide and the Collector shall wear and use protective clothing and safety equipment nominated by Interlink from time to time. The Collector shall request any additional protective clothing or safety equipment required in addition to normal issue and Interlink shall not refuse any such reasonable request. Protective clothing and safety equipment shall remain the property of Interlink.

 

29.7      Adequate first aid facilities shall be maintained by Interlink in accordance with the Occupational Health and Safety Act, 2001 and its regulations, as amended. All Supervisors will be trained to perform first aid duties.

 

30.  Income Protection Scheme

 

30.1      Interlink will provide by facilitating coverage with a mutually agreed insurance underwriter sickness and accident income protection insurance for all Full-time Collectors.

 

30.2      Interlink shall not be obliged to contribute a payment above the equivalent of one point six per centum (1.75%) including GST of each Full-time Collectors' ordinary weekly wages calculated by reference to the day shift rate to provide this income protection.

 

31.  Uniforms

 

31.1      Upon the successful completion of the probationary period, Interlink shall issue each Collector with an initial issue of uniform, protective and safety items.

 

Every Collector shall be provided with the following:

 

5 Polo Shirts

 

4 tracksuit Pants/Shorts/ or in the alternative three-quarter pants or combination

 

3 tracksuit jackets or in the alternative sloppy Joes or combination

 

1 set of wet weather gear

 

1 pair sunglasses

 

1 cap and/or brimmed hat

 

1 Safety Vest.

 

Such items shall be replaced or exchanged on a one for one basis as required to maintain a proper presentation in the workplace with a minimum replacement period of 12 months and a maximum period of two (2) years.

 

31.2      Upon the completion of probation each Collector shall be issued with two (2) pairs of shoes up to the value of $140.00 a pair. A collector has the choice between safety shoes or joggers. Shoes shall be replaced at the rate of one pair of shoes per annum or earlier in the case of wear and tear occurring in the workplace beyond the reasonable control of the Collector.

 

31.3      Should a Collector misplace wet weather gear provided, the Collector shall bear the cost of replacement.

 

31.4      Where a Collector has been provided with uniform clothing under this clause the Collector shall wear the uniform provided for them whilst they are on duty. They shall not wear any clothing in substitute for the provided uniform.

 

31.5      Collectors on duty shall present a neat and tidy appearance.

 

31.6      Such uniforms shall remain the property of Interlink and shall not be worn other than when on duty or in transit to and from work. When replaced by a new issue all replaced items of uniform shall be returned to Interlink.

 

31.7      On termination of employment a Collector shall return items of uniform of less than one year old. Where, on termination of employment, a Collector fails to return items of uniform less than 1 year old. Interlink may deduct an amount equivalent to fifty per centum (50%) of the cost of each item from the Collector's termination pay, excluding annual leave or long service leave payments.

 

31.8      Each Collector is responsible for laundering and maintaining their own uniforms in a presentable condition. A laundering allowance is included in the rates of pay for all classifications.

 

32.  Medical Examinations

 

32.1      In addition to the pre-employment examination, Interlink will arrange for general medical examinations of Collectors covered by this Award every twelve months and in addition, spirometry and audiogram testing will be conducted every twelve (12) months and the Company shall be entitled to obtain access to these records.

 

32.2      Collectors shall be paid an amount equivalent to three hours' salary calculated in accordance with the day shift rate upon attending such medical examination including travelling time.

 

32.3      There shall be no further payments to a Collector, including overtime, irrespective of the number of hours worked in any given shift or week as a result of attending a medical examination. Examinations will be carried out on the following basis:

 

All costs of medical checks will be borne by Interlink,

 

Interlink will maintain records of the medical checks,

 

The medical records shall be made available to the Collector concerned,

 

A copy of the medical record is to be forwarded to the Collector's treating doctor on request,

 

With the Collector's authorisation information relevant to worker's compensation or occupational health and safety is to be forwarded to the Occupational Health and Safety Committee.

 

32.4      Collector's medical records are to remain confidential.

 

33.  Hepatitis Injections

 

As part of annual medical tests, Collectors may choose to undergo a blood test to check Hepatitis immunity levels. If a Collector requires Hepatitis vaccination, Interlink will bear the costs of the Hepatitis vaccination injections only and not consultation costs.

 

34.  Training

 

Interlink will provide a real and genuine commitment to training and education to improve workforce skills and understanding of work related programmes. This training and education will be carried out after consultation with the Collectors and the site delegate or delegates predominantly during normal working hours.

 

35.  Alcohol and Other Drugs

 

35.1      It is agreed that no person will be allowed to enter the workplace if the person is under the influence of alcohol or any other substance which impairs the person's work, or is likely to create an unsafe working environment.

 

35.2      The Operations Manager or Controller or person exercising the delegated function may if he or she has a reasonable suspicion that a Collector is under the influence of drugs or alcohol, suspend the Collector from duties and may direct that Collector to leave the workplace if it is safe to do so. That Collector will receive full pay for the remainder of the shift, however, a Collector under the influence of alcohol or drugs may be subject to disciplinary measures including, but not limited to, termination of the contract of employment.

 

36.  Counselling Procedures

 

36.1      With the object of retaining good employer/employee relations, no Collector will be dismissed (except for misconduct which would justify instant dismissal) unless the following procedures have been followed:

 

36.2      First Counselling (verbal): if management considers a Collector to be unsatisfactory for any reason, the employer shall inform the Collector of the unsatisfactory nature of the Collector's conduct or capacity, giving the Collector the right to respond. If the Collector so requests, a witness of his/her choosing may be present.

 

36.3      Second Counselling (written): If the management is of the opinion that the Collector continues to remain unsatisfactory, the employer shall again discuss with the Collector, in the presence of a witness if requested, the unsatisfactory nature of the Collector's conduct or capacity and advise the Collector that continuation of such unsatisfactory conduct or capacity may lead to dismissal. This second counselling will be committed to in writing by management with the Collector requested to sign acknowledgement.

 

36.4      Third and Final Counselling (written): If, after the two (2) counselling sessions, the employer still considers the Collector to be unsatisfactory and in the presence of a witness of the Collector's choosing, the Collector will again be counselled and advised that a continuing failure on his/her part to rectify the unsatisfactory nature of performance will lead to dismissal. This final counselling will be committed to in writing by management with the Collector being requested to sign the document.

 

37.  Termination of Employment

 

37.1      Summary Dismissal

 

Interlink may terminate any Collector without notice or pay in lieu thereof in circumstances of serious or wilful misconduct. Examples of misconduct warranting summary dismissal include, but are not limited to:

 

(a)        Dishonesty including theft and fraud.

 

(b)        Wilful and deliberate misbehaviour.

 

(c)        Gross or repetitive neglect of duties.

 

(d)        Forgery or deliberate falsification of records.

 

(e)        Serious or recurrent breach of any Interlink policies.

 

(f)         Wilful or repetitive disregard of Interlink's Occupational Health and Safety Policy.

 

(g)        Wilful or repetitive use of inappropriate language when dealing with the public.

 

(h)        Attending at work under the influence of non-prescribed drugs or alcohol.

 

37.2      Termination on Notice

 

The employment of a full time Collector may be terminated for any reason other than serious or wilful misconduct upon the provision of notice or pay in lieu thereof at the discretion of Interlink as follows:

 

Collector's Period of Continuous Service with Interlink

Period of Notice

 

 

Not more than 1 Year

1 week

More than 1 Year but not more than 3 Years

2 Weeks

More than 3 Years but not more than 5 Years

3 Weeks

More Than 5 Years

4 Weeks

 

The period of notice referred to above shall be increased by one week where the Collector is over the age of 45 years and has completed at least two years continuous service with Interlink.

 

Nothing in this subparagraph is intended to prevent a Collector from seeking redress for an unfair dismissal within the meaning of Part 6 of Chapter 2 of the Industrial Relations Act 1996 (NSW).

 

38.  Redundancy

 

38.1      This clause applies to Full-Time Collectors only.

 

38.2      "Weeks pay" means the weekly average of the last twelve months wages of a Collector.

 

38.3      Where the employment of a Collector is to be terminated on the grounds of redundancy, Interlink shall pay to the Collector severance payments in respect of a continuous period of service as set out below:

 

(a)        If a Collector is under 45 years of age, the entitlement shall be in accordance with the following scale:

 

Years of Service

Under 45 years

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks pay

2 years and less than 3 years

7 weeks pay

3 years and less than 4 years

10 weeks pay

4 years and less than 5 years

12 weeks pay

5 years and less than 6 years

14 weeks pay

6 years and over

16 weeks pay

 

(b)        If a Collector is over 45 years old, the entitlement shall be in accordance with the following scale:

 

Years of Service

Over 45 years

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks pay

2 years and less than 3 years

8.75 weeks pay

3 years and less than 4 years

12.5 weeks pay

4 years and less than 5 years

15 weeks pay

5 years and less than 6 years

17.5 weeks pay

6 years and over

20 weeks pay

 

38.4      Upon request Interlink will provide and pay an amount equivalent of two (2) weeks pay for "out placement" for Fulltime Collectors whose position has been declared redundant. Interlink shall have no obligation to pay money compensation to Collectors who choose not to use this service. This payment will be made to such out placement provider as mutually agreed between the Interlink Roads and the Union and is inclusive of Goods and Services Tax.

 

39.  Union Procedures

 

39.1      Entry

 

Interlink will observe the right of Union officials to enter the Premises in accordance with Chapter 5, Part 7, of the Industrial Relations Act 1996. However the Union Official will report to the office and advise Interlink Management of the purpose for the visit prior to entering the work area.

 

39.2      Delegates

 

Interlink recognises the right of its Collectors to have proper representation in their dealings with Management. The site delegates shall be allowed the necessary time during working hours to discuss with Interlink or its representative any matter affecting the Collector whom they represent. Such discussions should be arranged for times which are convenient to both parties. Before a delegate moves away from their area of work or commences to work on union business, permission must first be obtained from the Supervisor who shall not unreasonably refuse such a request.

 

A site delegate must obtain permission from their Supervisor before leaving their place of work for any meeting.

 

Leave with pay may be granted to site delegates for Union duties on request from the State Secretary or relevant organiser of the Union and at the discretion of Interlink having regard to work requirements.

 

39.3      Union Meeting

 

Upon request, on one (1) occasion in each calendar year, Interlink will permit the union to conduct one meeting for Union members to meet with delegates and Union officials in paid time.

 

39.4      Union Training

 

Authorised delegates of the Union party to this Award who are nominated by the Secretary of the Union to attend a training course or programme conducted by the Union party to this Award shall be granted 40 hours per annum leave of absence while attending such course or courses provided that:

 

at least two weeks prior to attendance at the course or courses Interlink receives a written notice of the nomination from the Union Secretary setting out the times, dates, content and venue of the course,

 

Leave of absence granted shall be counted as time worked for the purpose of annual leave, sick leave and long service leave. Delegates shall be paid for any rostered hours away from the workplace at the day shift rate. Delegates shall not be entitled to receive penalty when attending such training courses.

 

40.  Dispute Avoidance and Grievance Procedure

 

40.1      The Parties agree to facilitate the constructive and speedy resolution of any issue of concern at the workplace and recognise that this commitment is critical to maintaining harmonious relations between Interlink and its Collectors. Subject to the provision of the Industrial Relations Act, 1996, any dispute shall be dealt with in the following manner;

 

If a Collector has a grievance arising out of his or her employment with Interlink, the Collector shall notify the Manager of the substance of the grievance, request a meeting with that person and state the remedy sought.

 

If the matter cannot be resolved between the Collector or the Collector's representative and the Manager, it shall be referred to the Human Resources Manager or other officer nominated by Interlink who will then arrange for the matter to be discussed with the Union organiser. Where appropriate or deemed necessary, the Collector may elect to seek the assistance of his/her workplace delegate.

 

If the matter is still not resolved, the Collector may request the Human Resources Manager to refer the grievance to the General Manager and the Secretary of the Union.

 

40.2      All Parties must use their best efforts to resolve the grievance expeditiously and to the satisfaction of the Parties.

 

40.3      If the grievance is not resolved by the above process, the Parties may refer the grievance:

 

(a)        As a question, dispute or difficulty in respect of the Award, to the Industrial Relations Commission of New South Wales as an industrial dispute; or

 

(b)        To the Industrial Relations Commission of New South Wales in Court Session for a binding declaration of right under section 154.

 

Whilst the above procedures are being carried out, work will continue as it did prior to the grievance arising and no stoppage of work or any other form of limitation of work shall occur. Neither Party shall be prejudiced as to final settlement by the continuation of work in accordance with this clause.

 

41.  No Duress

 

The Parties declare that this Award was not entered into under any duress.

 

42.  No Extra Claims

 

It is agreed by the parties that up to the expiry date of this Award:

 

(a)        No party will pursue an extra wages claim whether award or over award;

 

(b)        No party will seek any changes to the conditions of employment;

 

(c)        This Award will cover all matters or claims regarding the employment of Interlink's employees which could otherwise be the subject of industrial action; and

 

(d)        No party will engage in industrial action in relation to the performance at work or with respect to the terms and conditions covered by this Award.

 

Nothing in this clause shall prevent any of the parties from seeking the enforcement of this Award.

 


APPENDIX A

 

Wage Rate Schedule

 

Classification

Rate Before

No: 1

No: 2

No: 3

No: 4

No: 5

No: 6

No: 7

No: 8

No: 9

 

Comm.

Wage

Wage

Wage

Wage

Wage

Wage

Wage

Wage

Wage

 

of Award

Increase

Increase

Increase

Increase

Increase

Increase

Increase

Increase

Increase

 

 

2.0%

2.0%

3.0%

2.0%

2.0%

2.0%

2.0%

2.0%

2.0%

 

 

Effective

Effective

Effective

Effective

Effective

Effective

Effective

Effective

Effective

 

 

11 May

11 Nov

10 Jan

11May

11 Nov

11 May

11 Nov

11 May

11 Nov

 

 

2005

2005

2006

2006

2006

2007

2007

2008

2008

 

 

 

 

 

 

 

 

 

 

 

 

$

$

$

$

$

$

$

$

$

$

Full-time

17.7819

18.1375

18.5003

19.0553

19.4364

19.8251

20.2216

20.6261

21.0386

21.4594

Day Shift

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Full-time

 

 

 

 

 

 

 

 

 

 

Collector

20.8937

21.3116

21.7378

22.3899

22.8377

23.2945

23.7604

24.2356

24.7203

25.2147

Afternoon Shift

per hour

per hour

Per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

includes 17.5%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

Full-time

 

 

 

 

 

 

 

 

 

 

Collector

21.3383

21.7651

22.2004

22.8664

23.3237

23.7902

24.2660

24.7513

25.2463

24.7513

Night Shift

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Includes 20.0%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

Full-time

 

 

 

 

 

 

 

 

 

 

Collector

26.6729

27.2064

27.7505

28.5830

29.1547

29.7378

30.3325

30.9392

31.5579

32.1891

Saturday

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Includes 50.0%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

Full-time

 

 

 

 

 

 

 

 

 

 

Collector

35.5638

36.2751

37.0006

38.1106

38.8728

39.6503

40.4433

41.2521

42.0772

42.9187

Sunday

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Includes 100.0%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

 

Full-time

$

$

$

$

$

$

$

~

$

 

Collector

44.4548

45.3439

46.2508

47.6383

48.5911

49.5629

50.5541

51.5652

52.5965

53.6485

Public Holidays

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Includes 150.0%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

Casuals

 

 

 

 

 

 

 

 

 

 

Collector

21.3407

21.7675

22.2029

22.8690

23.3263

23.7929

24.2687

24.7541

25.2492

25.7542

Day shift rate

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Casuals

 

 

 

 

 

 

 

 

 

 

Collector

25.0753

25.5768

26.0883

26.8710

27.4084

27.9566

28.5157

29.0860

29.6677

30.2611

Afternoon shift

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

rate Includes

 

 

 

 

 

 

 

 

 

 

17.5% loadin

 

 

 

 

 

 

 

 

 

 

Casuals

 

 

 

 

 

 

 

 

 

 

Collector

25.6088

26.1210

26.6434

27.4427

27.9916

28.5514

29.1224

29.7049

30.2990

30.9049

Night shift rate

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Includes 20.0%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

Casuals

 

 

 

 

 

 

 

 

 

 

Collector

32.0111

32.6513

33.3043

34.3035

34.9895

35.6893

36.4031

37.1312

37.8738

38.6313

Saturday rate

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Includes 50.0%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

Casuals

 

 

 

 

 

 

 

 

 

 

Collector

42.6314

43.4840

44.3537

45.6843

46.5980

47.5300

48.4806

49.4502

50.4392

51.4480

Sunday rate

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

Includes 100.0%

 

 

 

 

 

 

 

 

 

 

loading

 

 

 

 

 

 

 

 

 

 

 

Casuals

 

 

 

 

 

 

 

 

 

 

Collector

53.3518

54.4188

55.5072

57.1724

58.3159

59.4822

60.6718

61.8853

63.1230

64.3854

Public holiday

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

per hour

rate Includes

 

 

 

 

 

 

 

 

 

 

150.0% loading

 

 

 

 

 

 

 

 

 

 

 

Note: The Casual Collector hourly rate defined herein includes the 20% casual loading

 

 

 

A.F. BACKMANJ

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

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