M5 South West Motorway Consent
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
(No. IRC 6074 of 2005)
Before The Honourable
15 December 2005
Clause No. Subject Matter
2. Date of
4. Aims And
5. Terms Of Engagement
13. Rates of
21. Sick Leave
Health And Safety
And Other Drugs
37.1 Summary Dismissal
37.2 Termination on Notice
39.3 Union Meeting
39.4 Union Training
Avoidance And Grievance Procedure
41. No Duress
42. No Extra
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.
"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
"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
"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
"Parties" means Interlink, the Union and the
"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
Aims and Commitments
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
In particular the Parties have agreed to the following
(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;
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
(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
The Parties to this Award are committed to ensuring
(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
(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
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
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.
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
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
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
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
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
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
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
Collectors shall be paid a 20% loading as prescribed in Appendix ‘A’.
9. Shift Work
Shift" means a shift which starts between 5.00am and 1.00pm.
Shift" means a shift which starts between 1.00pm and 9.00pm. 17.5% shift
Shift" means a shift which starts between 9.00pm and 5.00am. 20% shift
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
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.
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.
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
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
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.
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
13. Rates of Pay
shall be paid in accordance with the rates set out in Appendix 'A' to this
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
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.
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
It shall be a key function of all Collectors to:
(a) Formulate an
action plan aimed at the elimination of any restrictive "work"
(b) Carry out the
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.
19.1 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
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
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
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
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
21.4 Sick leave
shall be paid at the day shift rate.
22. Long Service
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.
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.
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
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
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.
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
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.
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
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
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
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.
27.1 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
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
(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
means a person related by blood, marriage or affinity;
means a relationship that one's spouse because of marriage has to blood
relatives of the other; and
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.
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
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.
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.
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
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
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
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
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
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.
32.1 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.
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
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.
medical records are to remain confidential.
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.
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
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.
36.1 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:
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
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.
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:
including theft and fraud.
(b) Wilful and
(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
of Continuous Service with Interlink
Period of Notice
Not more than 1 Year
More than 1 Year but not more than 3 Years
More than 3 Years but not more than 5 Years
More Than 5 Years
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).
38.1 This clause
applies to Full-Time Collectors only.
pay" means the weekly average of the last twelve months wages of a
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
Years of Service
Under 45 years
Less than 1 year
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
Years of Service
Over 45 years
Less than 1 year
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.
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
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
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
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
(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.