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New South Wales Industrial Relations Commission
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COUNTRY ENERGY ENTERPRISE AWARD 2007
  
Date10/12/2007
Volume363
Part4
Page No.1367
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C5829
CategoryAward
Award Code 1367  
Date Posted10/10/2007

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(1367)

(1367)

SERIAL C5829

 

Country Energy Enterprise Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Electrical Trades Union of Australia, New South Wales Branch, Industrial Organisation of Employees.

 

(No. IRC 1068 of 2007)

 

Before The Honourable Mr Deputy President Harrison

3 July 2007

 

AWARD

 

Clause No.         Subject Matter

 

1.         Coverage and Parties

2.         Objectives

3.         Policies and Procedures

4.         Future Negotiations

5.         Definitions

6.         Safety

7.         Anti-Discrimination

8.         Enterprise Agreements

9.         Consultation

10.       Consultative Committee Framework

11.       Classification and Rates of Pay

12.       Appointments and Gradings

13.       Terms Of Employment

14.       Types Of Employment

15.       Performing Alternative Work

16.       Payment

17.       Hours of Work

18.       Shiftwork

19.       Overtime

20.       On-Call

21.       Mealtimes and Allowances

22.       Travelling Time and Fares

23.       Annual Leave

24.       Award Holidays

25.       Sick Leave

26.       Personal Carer's Leave

27.       Long Service Leave

28.       Jury Service Leave

29.       Parental Leave

30.       Bereavement Leave

31.       Union Training Leave

32.       Accident Leave

33.       Grievance Resolution Procedure

34.       Outsourcing

35.       Wet Weather

36.       Tools

37.       Private Motor Vehicle - Allowances

38.       First Aid and Chief Fire Warden Allowance

39.       Leading Hand Allowance

40.       Aircraft Allowance

41        Isolation & Climatic Allowances

42.       Explosives Allowance

43.       Telephone Allowance

44.       Drivers' Licence

45.       Training Allowance

46.       Movement of Allowances

47.       Date and Period of Operation

48.       Calculation of Service

49.       Working Away From Home

50.       Salary Sacrifice

51.       Superannuation

52.       Salary Maintenance

53.       Workplace Flexibility

54.       Clothing

55.       Union Delegates' Rights

56.       Supply of Residence

57.       Leave Reserved

 

Appendix 1A - Unused Accrued Sick Leave

Appendix 1B - Competencies

Appendix 1C - Industry Equalisation

Appendix 1D - Isolated Areas - Including Indigenous Issues

 

Appendix 2 - Table 1 - Country Energy Rates of Pay

Appendix 3 - Table 2 - Country Energy Shift Allowances

Appendix 4 - Table 3 - Country Energy Allowances

 

1.  Coverage and Parties

 

(i)         This Award shall apply to Country Energy and its employees employed in the classifications contained in Table 1 of this Award.

 

(ii)        Existing employees employed in a Professional capacity whose rate of pay exceeds the base rate of a Professional Engineer Grade 8 (as varied under this Award) who are not employed under an employment agreement or a contract shall continue to have their terms and conditions of employment prescribed by this Award.

 

(iii)       This Award governs all employment, wages and conditions of the employees to whom this Award applies.

 

(iv)       This Award supersedes and replaces the Country Energy Enterprise Award 2005 published 17 March 2006 (358 I.G. 104).

 

(v)        The parties to this Award are Country Energy, the Electrical Trades Union of Australia, New South Wales Branch; the United Services Union New South Wales Local Government, Administrative, Energy, Airlines & Utilities Union the Australian Services Union and the Association of Professional, Engineers, Scientists and Managers, Australia (NSW Branch).

 

2.  Objectives

 

The agreed objectives of this Award are:

 

(i)         Demonstrated high value commitment to Occupational Health and Safety from Country Energy and all employees

 

(ii)        Achievement of Country Energy's corporate business objectives and strategies;

 

(iii)       Delivery of quality customer service and continuous improvement programs;

 

(iv)       Development of the highest quality training, career opportunities and occupational health and safety programs and policies;

 

(v)        Recognition of the contributions of all employees to improvements in safety, productivity, efficiency and competitiveness, and their participation in the achievement of these objectives;

 

(vi)       To provide terms and conditions of employment in conjunction with operational policies and procedures.

 

3.  Policies and Procedures

 

All operational policy and procedures relating to conditions of employment shall be developed or altered in accordance with the consultation process set in Clause 10 of this Award. All such Policies will be made available at all Country Energy locations for access by all employees.

 

4.  Future Negotiations

 

At least three months before the nominal expiry of this Award the parties shall commence negotiations for a replacement enterprise Award.

 

5.  Definitions

 

(i)         "Discharge" means termination of service as a consequence of retrenchments, reorganisation or shortage of work or other reason for which the employee may not be entirely responsible.

 

(ii)        "Dismissal" means termination of service for misconduct, inefficiency, unsatisfactory performance or repeated absences from work.

 

(iii)       "Resignation" means voluntarily leaving the service of Country Energy.

 

(iv)       "Retirement - Age" means termination of an employee's service with Country Energy:

 

(a)        As agreed between Country Energy and the employee, or

 

(b)        At the discretion of the employee after attaining the age of 55 years

 

(v)        "Retirement - Ill Health" means termination of employment on account of ill health certified as rendering the employee unable in the future to perform the duties of the employee's appointed grade.

 

6.  Safety

 

The health, safety and wellbeing of Country Energy employees are of paramount importance.  Country Energy's Health and Safety Policy embodies the following commitments to employee safety:

 

(i)         To ensure the safety of all employees Country Energy will provide a safe working environment in accordance with the Occupational Health and Safety Act.

 

(ii)        All employees will work in a safe manner as required under the Occupational Health and Safety Act and regulations as varied from time to time.

 

(iii)       Employees are required to wear appropriate personal protective clothing and use safety equipment for the purpose for which they are provided, and observe all health and safety policies and procedures

 

(iv)       Country Energy commits to the payment of an Electrical Safety Rules Allowance paid for all purposes of the Award. (Refer to Table 4)

 

The Electrical Safety Rules Allowance will be paid to employees appointed to electrical positions who have passed the safety rules test and who are required to work or supervise or direct work in accordance with these rules. Typically employees who hold a trades' certificate from the family of electrical trades (including apprentices) will receive this allowance.

 

Employees in non-electrical trades' technical and professional classifications, who are required to sit an abridged version of the safety rules exam, and are required to work in accordance with these rules, will receive 80% of the allowance.  Employees in the Administrative Officer stream shall have an examination of their role and requirements to determine whether they are eligible for payment of the Safety Rules Allowance.

 

7.  Anti-Discrimination

 

(i)         It is the intention of the parties to seek to achieve the object in Section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

 

(ii)        The parties have obligations to take all necessary steps to ensure that the operation of the provisions of this Award is not directly or indirectly discriminatory in their effect.

 

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

 

(iv)       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 person's under 21 years of age;

 

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

 

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

 

(v)        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.

 

8.  Enterprise Agreements

 

The parties to this Award recognise that enterprise agreements may be used to facilitate agreed alternative arrangements to those in this Award. The development of enterprise agreements shall occur through the consultation process.

 

No employee will be disadvantaged by a transition from Contract to the Award or Enterprise Agreement.

 

9.  Consultation

 

(i)         Where alternatives to Award provisions are being considered, the parties concerned will utilise this consultation process with the intention of reaching agreement.

 

(ii)        The consultation process includes involving all parties concerned in any analysis and decision-making about a proposed alternative arrangement.

 

(iii)       Where an alternative arrangement is proposed, Country Energy will take all possible steps to ensure that any adverse affect on an employee will be minimised or resolved.

 

(iv)       Employees, their union or Country Energy may initiate a consultation process.

 

(v)        A Consultative Committee framework as detailed in Clause 10 of this Award provides a forum for consultation.

 

10.  Consultative Committee Framework

 

The purpose of this Clause is to establish a consultative framework to facilitate cooperation and trust between the parties and provide a forum for the parties to consult each other about matters involving changes to the organisation or performance of work at Country Energy.

 

(i)         Consultative Committee Charter and Structure

 

A Peak Consultative Committee shall be established and will determine a Committee Charter and under that Charter, be empowered to determine the functions, operations and framework of other Consultative Committees established at Country Energy.

 

(ii)        Committee Membership

 

The Peak Consultative Committee shall comprise at least one representative from each of the other Committees, a full time Union official(s) and representatives from senior management of Country Energy.

 

(iii)       Committee Meetings

 

The Peak Consultative Committee shall meet at least once every six months.

 

(iv)       Consultative Committee Functions

 

The Peak Consultative Committee's functions shall include but not be limited to the following:

 

(a)        Consider the means by which Country Energy can ensure its competitive edge to extend its leading role in the industry and make recommendations to the Managing Director where appropriate.

 

(b)        Provide a communication link between staff, Unions and management and be a forum for consultation and discussion on employment matters.

 

(c)        Examine all issues relating to the introduction of change in the workforce.

 

(d)        Examine and make recommendations on issues relating to outsourcing and renewal of any contracts, where appropriate.

 

(e)        Where alternatives to workplace arrangements are being considered, the parties concerned will utilise this consultation process to reach agreement on all alternatives. This is done with a view that all parties concerned being involved in the analysis and decision making about any proposed alternative arrangement.

 

(f)         All members of the Peak Consultative Committee may seek advice on matters discussed by all Committees.

 

(g)        Consultative Committees shall not be utilised in respect of matters which are being or should be processed in accordance with the Grievance Resolution Procedure.

 

11.  Classification and Rates of Pay

 

(i)         An employee's classification shall be that which describes the major and substantial functions and duties in the position occupied.

 

(ii)        The corresponding weekly rates of pay in Table 1 of this Award shall apply to employees in their respective classifications.

 

(iii)       The rates are inclusive of annual leave loading.

 

(iv)       The rates are inclusive of a loading for work performed in the following circumstances: confined spaces, underground work, working at heights, wet and dirty places, and use of power tools.

 

12.  Appointments and Gradings

 

An employee's classification shall be matched to the employee's major and substantial functions for which the employee shall have the skill and training necessary to properly perform.

 

13.  Terms of Employment

 

(i)         Probationary Periods

 

Country Energy, when offering employment may include a probationary period of employment of up to three [3] months in the letter of offer of employment.  An initial period of probation may be extended by up to a further three [3] months in which case, Country Energy shall give the employee the reasons in writing.

 

(ii)        Termination of Employment

 

(a)        Notice of Termination

 

Country Energy shall give to an employee and an employee shall give to Country Energy notice of termination of employment of not less than four [4] weeks other than for employees with less than twelve [12] months continuous service who shall be entitled to one [1] week's notice of termination.  The period of notice may be reduced by mutual agreement.

 

Except where the period of notice is reduced by mutual agreement, payment or part payment in lieu of the notice shall be made by Country Energy if the full notice period or part notice is not given. If the employee fails to give notice or gives incomplete notice, Country Energy shall withhold payment in lieu of notice or part notice from any termination payment due to the employee.

 

The period of notice shall not apply to dismissal for conduct that justifies instant dismissal or for casual employees.

 

(b)        Statement of Employment

 

Country Energy shall, on request from an employee whose employment has been terminated, give the employee a written statement specifying the period of employment and the classification or the type of work performed by the employee.

 

14.  Types of Employment

 

Employees covered by this Award will be employed in one of the following categories:

 

(i)         Permanent Full Time Employment

 

Permanent full time employment covers employees working ordinary hours on a permanent basis.

 

(ii)        Permanent Part Time Employment

 

(a)        Permanent part time employment covers employees who work on a permanent basis less than the number of ordinary hours worked by full time employees. A part time employee's hours will be nominated at commencement of employment.  If the employee consistently works in excess of their nominated hours, a review will be conducted with a view to extending the nominated hours.

 

(b)        Part time employees shall be paid an hourly rate calculated by dividing the appropriate salary by the number of hours worked by full time employees in the same classification.

 

(c)        Part time employees shall receive Award conditions and payments in respect of annual leave, sick leave, long service leave and all other authorised leave on a proportionate basis as the employee's hours of work relate to those worked by full time employees.

 

Leave shall accrue in proportion to the number of hours actually worked up to a maximum of thirty-six (36) hours per week.

 

(d)        When a part time employee's nominated day of work falls on an Award holiday, the employee shall be entitled to take the day as a holiday without loss of pay.

 

(e)        A part-time employee shall be entitled to the provisions of Clause 19, Overtime, in respect of work performed outside the span of hours or in excess of a full time employees normal daily, or weekly hours of work.

 

(f)         A part-time employee may, by agreement, work additional hours at single time up to thirty-six [36] hours per week subject to receiving all pro-rata leave entitlements as prescribed for those additional hours.

 

(iii)       Temporary Employment

 

(a)        Temporary employment covers employees engaged on a temporary basis and shall not include a casual employee.

 

(b)        A temporary employee shall be paid a rate of pay and receive Award conditions as is appropriate to either their full time or part time employment under this Award.

 

(c)        Temporary appointments may be made for a period of up to 12 months. At the expiration of that period work requirements will be reviewed in consultation with the unions.

 

(d)        Temporary employment shall not be used as an alternative to full time employment.

 

(iv)       Casual Employment

 

(a)        "Casual Employee" means an employee engaged intermittently in work of an irregular, occasional and/or unexpected nature, and who is engaged and paid by the hour, but does not include an employee who could properly be classified as a full time or part time employee.

 

(b)        A casual employee shall be paid the hourly rate of pay for the appropriate classification plus a loading of twenty [20] per cent with a minimum payment of three [3] hours pay for each start.

 

(c)        A casual employee shall receive overtime rates for any time worked in excess of the ordinary hours of work for a full time employee. The casual loading is excluded in the calculation of overtime.

 

(d)        The casual loading prescribed is in lieu of the annual leave, sick leave and Award holiday entitlements arising under this Award however, the loading is not in lieu of entitlements prescribed in Clause 27 Long Service Leave.

 

(e)        A casual employee shall not be used to replace a full-time or part-time position other than where a permanent employee is absent on approved leave or working on a project.

 

(f)         Casual appointments shall be reviewed after a continuous period of three [3] months.

 

(v)        Apprentices and Trainees

 

(a)        The provisions of this Award apply to apprentices and trainees employed by Country Energy.

 

(b)        Employment as an apprentice or trainee shall not continue beyond the completion of the term of the apprenticeship or traineeship unless further employment is offered and accepted.

 

15.  Performing Alternative Work

 

(i)         An employee, who is competent to do so, shall where required perform alternative work to that usually performed by the employee, without reduction in pay.

 

(ii)        Acting Higher Grade

 

(a)        An employee who performs, for at least one ordinary working day, the work of another employee which is paid at a higher rate than the employee's position, the employee shall be paid according to the employee's skills, qualifications and experience but not less than the entry level for the position.

 

(b)        Where an Award holiday or group of Award holidays occurs during a period when an employee is acting in a higher paid position, the employee shall be paid for the holiday/s at the rate for acting in the position.

 

(c)        An employee shall not receive higher grade pay whilst on leave unless the employee has acted in the position for an aggregate of at least six [6] months during the twelve [12] month period prior to going on leave or continuously for at least three [3] months immediately preceding the commencement of the leave.

 

(d)        Except where an employee is relieving an employee who is on approved leave, periods of acting in a higher-grade position shall not exceed six [6] months.

 

(e)        At the completion of the alternate work period an employee shall return to their former position or a mutually agreed role.

 

16.  Payment

 

(i)         Pay Cycle

 

Employees shall be paid fortnightly and pay shall be available at the commencement of business on Thursdays by direct crediting of pay to an employee's nominated Bank, Building Society or Credit Union account.

 

(ii)        Deductions

 

Country Energy shall deduct out of an employee's pay such amounts as the employee requests, in writing, in respect of contributions or payments for approved purposes.

 

17.  Hours of Work

 

(i)         Spread of Ordinary Hours of Work

 

Country Energy and its employees agree there are three objectives to consider in determining the structure of working hours under this Award:

 

(a)        The most efficient production and delivery of the service;

 

(b)        The most effective way of servicing the customer; and

 

(c)        The most effective way of meeting employee's needs for satisfying work, personal development, health and workplace safety.

 

The ordinary hours of work shall be thirty-six [36] hours per week to be worked in eight consecutive hours per day, (exclusive of meal breaks), over a nine day fortnight between the hours of 6.00 am and 6.00 pm. This spread of hours may be altered by mutual agreement between Country Energy and employees concerned.

 

Where agreement is reached between Country Energy and an employee or employees, up to twelve [12] ordinary working hours per day may be worked without the payment of overtime.  Where an employee's ordinary hours of work exceed seventy-two [72] in any two-week [2] cycle, the employee shall be paid overtime rates for those hours worked in excess of seventy-two [72].

 

(ii)        Starting and Finishing Times

 

The starting and finishing times within the spread of hours shall be determined by Country Energy in consultation with the employees concerned.

 

(iii)       Ordinary Hours of Work - Day Workers

 

(a)        The fortnightly ordinary hours of work for day workers shall be seventy-two [72] per fortnight, to be worked on nine [9] weekdays, in any two [2] week cycle.

 

(b)        Where Country Energy and the Unions, in conjunction with the employees concerned, agree, the ordinary hours of work may be worked up to a total of one hundred and forty four [144] on nineteen [19] weekdays in any four [4] week cycle.

 

(c)        An employee who requests to work a thirty six [36] hour, five [5] day week may, with the consent of Country Energy, do so.

 

(d)        Notwithstanding the provisions of paragraphs (a) and (b) herein, the ordinary hours of work for employees employed in the classifications of Professional Engineer Grades 6, 7 and 8 shall be a thirty six (36) hour, five (5) day week unless otherwise agreed.

 

(iv)       Rostered Days Off

 

(a)        Where an employee's rostered day off falls on an Award holiday, the employee may either take the next working day as a rostered day off or take another mutually agreed day instead.

 

(b)        Where mutually agreed employees may defer and accumulate rostered days off to be taken at a mutually agreed time provided that an employee's accumulated rostered days off shall not exceed five [5] in a twelve [12] month period.

 

(v)        Ordinary Hours of Work - Shift Workers

 

Except as otherwise provided, the ordinary hours of work for shift workers shall be in a roster cycle, the number of weeks in the cycle multiplied by thirty-six.

 

(vi)       Alternative Arrangements

 

Country Energy, an employee, or group of employees, may enter into alternative arrangements to those in this Clause by mutual agreement.

 

18.  Shiftwork

 

(i)         Hours

 

The ordinary hours of work shall average thirty six [36] per week over a shift roster.

 

(ii)        Shift Work Defined

 

For the purpose of this Clause, shift work means any work which is to be performed in accordance with a shift work roster arranged in any of the following ways:

 

(a)        Rotating Roster - comprising two or more shifts in each day worked on an alternating or rotating weekly basis and with one of the shifts being a day shift falling within the spread of ordinary hours of work for the day workers provided for under this Award.

 

(b)        Afternoon Shift - as part of a rotating roster, shall finish after 6.00 pm but not later than midnight.

 

(c)        Night Shift - as part of a rotating roster, shall finish after midnight but not later than 8.00 am

 

(d)        Early Morning Shift - as part of a rotating roster, shall commence after 5.20 am and before 6.20 am.

 

(e)        Permanent Afternoon or Night Shift - comprising only one permanent shift to be worked each afternoon or each night and not rotating or alternating with any other span of hours.

 

(f)         Five Day Roster - being either a rotating shift work roster or a permanent afternoon or night shift roster which contains shifts on a five [5] day basis, Monday to Friday inclusive.

 

(g)        Six Day Roster - being either rotating shift roster or a permanent afternoon or night shift roster which contains shifts on a six [6] day basis, Monday to Saturday inclusive.

 

(h)        Seven Day Roster - being either a rotating shift work roster or a permanent afternoon or night shift roster which contains shifts on a seven [7] day basis involving each and every day of the week.

 

(iii)       Payment

 

Employees required to work shift work shall be paid as follows:

 

(a)        On a rotating roster shall be paid shift allowances as per Table 2 Allowances.

 

(b)        Permanent Shifts - A shift worker engaged on a permanent afternoon shift or permanent night shift shall be paid, in addition to the ordinary-time rate of payment, an allowance of thirty [30] percent.

 

(c)        Shift allowances are not included in the calculation of overtime.

 

(d)        The shift allowance and penalty rates are payable during periods of annual leave.

 

(e)        Saturdays, Sundays and Award Holidays - A shift worker who works the major part of a normal shift or an entire normal shift (as part of a rotating or permanent shift roster) on:

 

Saturday shall receive 1.5 times ordinary time rate of pay in lieu of shift allowance.

 

Sunday and Award holidays shall receive 2.0 times ordinary time rate of pay in lieu of shift allowance.

 

(f)         Alternative Arrangements - Shift workers, who make arrangements between themselves or who at their request, work in excess of the hours of rostered shifts or change shifts shall not be entitled to payment of overtime for the excess hours or for the changed shifts.  Any arrangement shall be only with the approval of Country Energy.

 

(iv)       Shift Work - Change of Roster and Change of Shifts

 

A shift worker whose shift or shifts are changed within a roster shall be paid double ordinary time rate for the first changed shift.  This provision shall not apply where two [2] day's notice of change is given.

 

Where notice is given on or before the second day preceding the change of shift or change of roster an employee who works an additional shift or shifts may take time off in lieu at a mutually agreed time. If it is impracticable to allow the employee to take time off within a period of eight [8] weeks, the employee shall be paid for any additional shift worked at double ordinary time rate.

 

(v)        Non Shift Workers Required To Work Shift Work

 

A non shift worker given less than one [1] week's notice to work as a shift worker shall be paid not less than ordinary time rate plus thirty [30] per cent for each shift worked during a period of seven days.

 

19.  Overtime

 

(i)         Requirement to Work Reasonable Overtime

 

It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of Country Energy.

 

(ii)        Sixteen Hour Working Period

 

(a)        An employee shall not be permitted to work more than sixteen [16] hours in any twenty four [24] hour period.

 

(b)        The twenty four [24] hour period shall be calculated from the commencement time of the sixteen [16] hours worked.

 

(iii)       Payment for Working Overtime

 

An employee, including a shift worker, required to perform work in excess of the usual ordinary working hours or outside the usual working hours, shall be paid as follows:

 

(a)        Monday to Midday Saturday:

 

1.5 times ordinary time rate for the first two [2] hours. The first two [2] hours includes overtime performed immediately before and after usual hours.

 

2.0 times ordinary time rate after two [2] hours.

 

(b)        After Midday on a Saturday, a Shift Workers Rostered Day Off and all day Sunday:

 

2.0 Times ordinary time rate.

 

(iv)       Time Off In Lieu Of Overtime Payment

 

(a)        By agreement, an employee may elect to take time off equivalent to time actually worked in lieu of payment.

 

(b)        Country Energy shall provide payment at the relevant overtime rate for any overtime worked which was to be taken as time off in lieu and which has not been taken with two [2] months of accrual.

 

(v)        Standing By

 

An employee required to stand-by in readiness to work overtime shall be paid at ordinary time rate of pay from the commencement of stand-by until released or until commencement of overtime.

 

(vi)       Minimum Payment for Recall to Work Overtime

 

(a)        An employee notified at work to commence overtime later than one [1] hour after the usual ceasing time, or earlier than two [2] hours before the usual starting time shall be paid a minimum of four [4] hours pay at overtime rates.

 

(b)        An employee notified after the completion of the day's work to work overtime which is not continuous with the usual hours of work shall be paid a minimum of four [4] hours pay at overtime rates.

 

(c)        The minimum payment of four [4] hours shall not apply in cases where overtime is continuous, subject to a reasonable meal break, with the completion or commencement of an employee's usual working hours.

 

(vii)      Rest Period After Overtime

 

(a)        Where reasonably practicable, employees shall have at least ten [10] consecutive hours off duty before commencing ordinary time work.

 

(b)        If the period between completion of overtime and the start of ordinary time is less than ten [10] hours, the employee shall have a ten [10] hour rest period without loss of pay for any ordinary hours which fall in the rest period.

 

(c)        An employee who is required to work without having had a ten [10] hour rest period, shall be entitled to double ordinary time rate of pay until a ten [10] hour rest period is taken without loss of pay for any ordinary hours which fall in the rest period.

 

(d)        Rest periods shall not apply if any employee works overtime for less than four [4] hours.

 

(e)        An employee, recalled to work overtime between midnight and 4:00 am on the following day, shall be entitled to extend the usual commencing time on the day following by an equivalent period.

 

(f)         An employee, who is required to commence work at the usual commencing time, shall be entitled to double ordinary time rate of pay for the equivalent period by which the employee would have otherwise extended the usual commencing time.

 

(g)        Where an employee is entitled to a rest period and the rest period coincides with an Award holiday, the employee shall be entitled to defer starting time by time equivalent on the next ordinary working day.

 

20.  On-Call

 

(i)         Definitions

 

(a)        On Call

 

An employee designated as On Call shall mean an employee required being available for emergency and/or supply interruption work at all times outside the employee's usual hours of work.

 

Participation in the on call roster shall be open to all employees who possess the skills and competencies required to undertake the role.  The On Call Roster will be voluntary on and off.

 

On Call is not overtime that has been pre-arranged prior to the employee's normal ceasing time. Overtime shall be paid at the appropriate overtime rates in accordance clause 19 - Overtime of the Award.

 

(b)        Emergency and/or Supply Interruption Work

 

On Call is emergency and/or supply interruption work that includes restoring supply and returning to safe operating conditions any plant and equipment. It also includes restoring and/or operating essential IT equipment and opening call centres other than in accordance with normal rosters to attend to high call volumes during emergency and supply interruption conditions.

 

(c)        Call Out

 

A Call Out is the time from which an on call employee receives a call, or calls, for emergency and/or supply interruption work, to the time the employee arrives home. A Call Out includes work involving any further calls for service which the employee may receive whilst out on duty or before arrival at home. Where a Call Out continues into an employee's ordinary working hours double rates of pay continue until the employee is directed to other work or is released from duty.

 

Where a call out does not require the employee to leave their home or physically attend, the employee is considered on duty for the period of the minimum time payable (2 hours). Any further calls within that period do not qualify as additional Call Outs, and therefore do not attract additional minimum payments.

 

(d)        Number of Employees On Call and Call Out Arrangements

 

At locations where there are eight (8) or more on call employees, a minimum of two (2) on call positions shall be in place concurrently.  Variations to this may be applied to meet local needs based on call volumes and work load.

 

The preferred rostering arrangements will be one (1) week in four (4).

 

Positions on the roster may be filled by multiple employees on a weekly rolling basis

 

At locations where only one (1) on call position is in place, when assistance is required the first call back (at two hour minimum) will come from the remaining rostered on call employees.  Should further assistance be required the minimum four (4) hour provisions of Clause 19 - Overtime shall apply.

 

(ii)        Availability

 

(a)        An employee on call shall be in the general vicinity of the On Call area for which they are responsible and be contactable at all times and respond to Call Outs without undue delay.

 

(b)        The employee shall not engage in activities or be committed in a way that would prevent the employee immediately responding to a Call Out.

 

(c)        An employee shall not be required to be constantly available beyond four [4] weeks where other employees are available for duty.

 

(d)        Where no other employees are available for inclusion in an On Call roster, the employee concerned shall have at least one [1] weekend, comprising two [2] consecutive days off duty, in each four [4] weeks, without reduction in the Call out allowance.

 

(iii)       Availability Allowance - On Call

 

(a)        The weekly On Call Allowance is $170.00 per week for the duration of this Award.

 

(b)        The On Call payment shall continue to be paid to the employee during periods of leave and worker's compensation, on the basis of the employee's usual payment, if the employee has been On Call constantly or on a roster, for a period of at least one month prior to leave.

 

(c)        Where an employee works to a roster, the allowance shall be divided by the number of weeks on call in the rolling period and paid equal amounts for each week in the period.

 

(d)        An employee who performs extra duty during the employee's usual rostered off period shall receive pro rata payment for the extra duty as follows:

 

Payments for a full or part ordinary day at 20% of the allowance for a weekday.

 

For a full or part Saturday, Sunday or Award holiday at a rate of 30% of the allowance

 

(e)        An employee shall be entitled to On Call Allowance or part thereof, only if the original rostered on call employee is away for the following reasons:

 

Due to illness - sick leave/workers compensation

 

Country Energy commitments, including approved leave, cause the original rostered on employee to be unavailable to fulfil their roster.

 

Special Leave, Bereavement, Jury Duty, etc

 

Due to stand Down - excessive hours worked

 

This will not apply to personal roster swaps or planned unpaid leave.

 

(iv)       Experience Allowance

 

For each completed year of experience on the on call roster the on call allowance shall be increased by one percent for each individual employee, up to a maximum of 20 percent, i.e.,

 

One completed year - one percent increase

 

Five completed years - five percent increase

 

Ten completed years - ten percent increase

 

Twenty completed years - twenty percent increase

 

(v)        Payment for Call Outs

 

Payment shall be at double ordinary time rate of pay for the time required to complete each call out not during normal time.

 

(vi)       Minimum Payment

 

The minimum time payable for a call out shall be two (2) hours at double ordinary time rate of pay.

 

(vii)      Other Allowances

 

Employees on call shall be entitled to all other allowances that may be applicable as prescribed by the award

 

(viii)     Rest Period after Call Out

 

(a)        An employee who works during the eight (8) hours immediately preceding the employee's usual commencing time shall be entitled to defer the usual commencing time with out loss of pay by a period equal to the actual time worked within those hours.

 

Providing that, where the employee has not had at least a continuous six (6) hour rest period in the eight (8) hours preceding usual commencing time, the employee shall be entitled to defer the commencing time by five (5) hours from the normal starting time.

 

(b)        Notwithstanding the sub paragraph above this paragraph, where because of emergencies, an on call employee is directed and fit to commence work at the usual starting time and/or works into the usual starting time, the employee shall be paid at double ordinary rates for the period of time which the employee otherwise would have deferred their usual starting time.

 

(ix)       Work on An Award Holiday

 

Employees shall be granted the following as Award holidays with pay:

 

Any day proclaimed as a State wide holiday

 

Union Picnic Day, to be held on a mutually agreed day with a reasonable level of service to be maintained on the day.

 

An on call employee who services any portion of the award holiday shall be entitled to claim the extra day in lieu

 

For each award holiday an employee is required to be on call the employee shall have one day added to their annual leave. When a roster changeover day occurs on an award holiday, this shall apply to both roster periods.

 

(x)        Rostered Days Off

 

Where a scheduled RDO falls in a week when the employee is to be rostered on call, the RDO shall be rescheduled.

 

(xi)       Telephone and Telephone Allowance

 

A mobile telephone will be provided for business use to employees who participate in a one in eight roster or less. For all others a shared mobile will be provided.  The Telephone Allowance in Clause 43 - Telephone Allowance of the Country Energy Award will only be approved where an employee resides in a location where there is no mobile telephone service.

 

(xii)      Rosters

 

The structure and operation of rosters is to be developed in conjunction with employees having regard to the number available for on call and the requirements of the specific location. Wherever possible regional areas should adopt a common roster change over date, however, if locations by majority have a preference for a particular day the alternative day shall be implemented by mutual agreement.

 

(xiii)     Extra Leave

 

Employees who participate in an on call roster will have extra hours calculated on the basis of one (1) hour per week worked on the roster.

 

21.  Meal Times and Allowances

 

(i)         Meal Breaks

 

(a)        An employee shall not, at any time, be compelled to work for more than five [5] hours without a break for a meal.

 

(b)        Day workers shall be allowed, without pay and on each ordinary working day, a break in their ordinary hours of work for a meal. Each such meal break shall be for an unbroken period of at least half [0.5] an hour.  The time of taking and the duration of meal breaks may be changed by mutual agreement. As far as possible, meal breaks shall be programmed after the completion of five [5] hours work.

 

(c)        The provisions of this sub-clause may be applied to shift workers when working on a day shift which falls within the ordinary hours of work for day workers.

 

(ii)        Shift Workers Meal Breaks

 

Shift workers shall be allowed, in each ordinary working shift, a paid meal period of twenty [20] minutes for a meal.

 

(iii)       Working in Usual Meal Break

 

Where an employee is requested to work through the usual meal break time due to special circumstances, the employee shall be paid at ordinary time and one half for the period by which the meal break was deferred. Alternatively, by mutual agreement, the employee can take time off with pay, equal to the time by which the meal break was deferred.

 

(iv)       Meal Times

 

The times fixed for the taking of meal breaks during ordinary working hours may be varied by mutual agreement between an individual or a group of employees and their immediate supervisor.

 

(v)        Overtime Meal Breaks

 

An employee required to work overtime shall be allowed an interval or intervals for a meal on the following basis:

 

(a)        An employee who works one and one half [1.5] hours or more overtime continuous with the employee's ordinary day's work shall be allowed a meal break of twenty [20] minutes which shall be paid for at the appropriate overtime rate.  The meal break may be taken, by mutual agreement, at the commencement of, during or at the conclusion of the overtime period.

 

(b)        An employee working overtime shall be allowed a meal break of twenty [20] minutes which shall be paid for at the appropriate overtime rate after each period of four [4] hours of overtime worked.

 

Meal breaks so allowed shall be taken during the overtime period by mutual arrangement, provided that an employee shall not be compelled to work for more than five [5] hours without a meal break.

 

(c)        Meal breaks with pay allowed in accordance with this sub-clause shall be deemed to be time worked for the purpose of calculating the overtime rate payable under this Clause.

 

(vi)       Overtime Extended Meal Breaks

 

Meal breaks, where allowed during a period of overtime, may be extended to not more than one [1] hour, provided that any extension beyond twenty [20] minutes shall be taken without pay.

 

(vii)      Overtime Meal Allowance

 

An employee entitled to one [1] or more meal breaks in accordance with paragraph (v) of this sub-clause shall be paid, in respect of periods of overtime, a Meal Allowance as set out in Table 1 - Allowances.

 

(viii)     Shift Work Meals and Overtime

 

The provisions of this sub-clause relating to meal breaks during periods of overtime and to the payment of meal allowances are mutually applicable to shift workers required to work overtime outside the hours of their ordinary rostered shift, except in cases where, by an approved arrangement made between themselves or at their request, excess time is incurred in changed shifts or in their ordinary rostered shifts.

 

(ix)       On Call Included

 

The provisions of this sub-clause apply to employees engaged in after hours On Call and Standing By emergency and/or breakdown work which shall, for the purposes of this Clause, be deemed to be in the nature of overtime.

 

22.  Travelling Time and Fares

 

(i)         Normal Travel to and From Work

 

Time spent by an employee in normal daily travel, to and from the employee's home and normal place of work to attend for work, shall be at the employee's expense and without payment.

 

(ii)        Additional Travel to and From Work

 

Time spent by an employee in travel, outside the usual working hours and in addition to the employee's normal travel time to attend for work, overtime or employer arranged training not related to the employee's current or possible future appointment or grading, will be paid at the appropriate overtime rate.

 

(iii)       Travel Time for Training

 

Time spent by an employee in travel, outside the usual working hours and in addition to the employee's normal travel time to attend employer arranged training which is related to the employee's current or possible future appointment or grading, will be at ordinary time rate.

 

This does not apply for time in excess of two (2) hours per day, or for travel on a Saturday, Sunday or Award/Public Holiday. These periods shall be paid at the appropriate Overtime rates or by mutual agreement, can be taken as time in Lieu.

 

(iv)       Normal Place of Work

 

An employee's normal place of work is the location to which an employee is usually attached and is regularly used as the employee's base or headquarters or normal place of work.

 

(v)        Payment of Fares

 

The employee shall be reimbursed for any additional fares which the employee has reasonably incurred in respect of a period of additional travel.

 

(vi)       Use of Private Vehicle

 

An employee who agrees to undertake additional travel in a private motor vehicle shall receive, in addition to payment for travelling time, reimbursement for the casual use at the Australian Tax Office rates.

 

(vii)      Reasonable Travelling

 

When calculating travelling time, the most reasonable way and the most expeditious route available will be used.

 

(viii)        Travel Within Minimum Period

 

An employee entitled to a minimum period payment for overtime or other penalty work shall not be entitled to payment for travelling time where the travelling occurred within that minimum period.

 

(ix)       On Call Excluded

 

This Clause does not apply to travelling involved in after hours On Call emergency and/or Supply Interruption work.

 

23.  Annual Leave

 

(i)         Country Energy shall grant each employee 144 hours (four [4] week's) Annual Leave which shall be taken in accordance with the Annual Holidays Act 1944 (as amended).

 

(ii)        Rostered days off (RDO) do not accrue during periods of leave.

 

(iii)       Employees shall not commence annual leave whilst on sick or accident leave

 

(iv)       Shift Workers

 

(a)        Country Energy shall grant an additional one half [0.5] of a week as paid Annual Leave to shift workers working to a shift roster covering six [6] days per week, Monday to Saturday.

 

(b)        Country Energy shall grant an additional week as paid Annual Leave to shift workers working to a shift roster covering seven [7] days per week, Monday to Sunday.

 

(c)        Payment for the additional Annual leave shall include the shift allowance and penalties. An employee who has worked as a six [6] day or seven [7] day shift worker for a portion of the year shall be granted additional leave on a proportionate basis.

 

(v)        Country Energy shall not pay an employee in lieu of Annual Leave whilst the employee remains an employee of Country Energy.

 

(vi)       Payment for Recall to Work Whilst on Annual Leave

 

(a)        An employee, who is recalled to work whilst on Annual Leave, shall be paid at the rate of double time, such rate to continue until they are relieved from duty, in addition to the annual Leave payment made for that day.

 

(b)        An employee who is recalled to work outside of their usual hours, whilst on Annual Leave, shall be paid at the rate of double time and one half until released or their normal working hours commence.

 

(c)        An employee Recalled to work whilst on Annual Leave shall be paid a minimum of four [4] hours pay at the appropriate rate, either a) or b) above.

 

24.  Award Holidays

 

(i)         Employees shall be granted the following days as Award Holidays with pay:

 

(a)        Any day proclaimed as a State-wide public holiday.

 

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

 

(c)        By agreement in accordance with local community arrangements a day other than the prescribed Union Picnic Day may be taken as a substitute day.

 

(ii)        Payment for Work on an Award Holiday An employee, including a shiftworker:

 

(a)        who is required to work on an Award holiday or the day substituted, shall be paid at the rate of double time, such rate to continue until they are relieved from duty, in addition to the usual pay for the day.

 

(b)        who is required to work outside of their usual working hours on an Award Holiday shall be paid at the rate of double time and one half until released. For a shift worker this includes overtime which is continuous with the beginning of an Award holiday.

 

(c)        Who is required to work on an Award holiday shall be paid for a minimum of four [4] hours work at, at the appropriate rate, either a) or b) above.

 

(iii)       Employee Absent Prior to and After an Award Holiday

 

(a)        An employee shall not be entitled to payment for an Award Holiday if absent from work without approval on the ordinary day before or after the Award Holiday.

 

(b)        Upon request from Country Energy, evidence of attendance at the Picnic Day will be sufficient if a butt of the ticket to the Picnic Day is produced in order to claim payment for the day.

 

(iv)       Award Holiday During Leave of Absence

 

An employee, absent without pay for more than five [5] consecutive working days, shall not receive payment for any Award Holiday which occurs during the absence.

 

(v)        Award Holiday for Shift Workers

 

(a)        Rostered Day Off

 

If an Award Holiday occurs on an employee's rostered day off under a shift roster system, then the rostered day off must be paid for at ordinary rate or another rostered day off allowed.

 

(b)        Normal Rostered Shift

 

A shift worker who works the major part of a normal shift or an entire normal shift on an Award Holiday shall have one [1] day added to their Annual Leave.

 

(vi)       Additional Holiday

 

All employees shall, in addition to any day proclaimed as a State-wide public holiday, shall be entitled to leave on full pay of one [1] working day falling between Christmas and New Year's Day each year which is recognised as being in lieu of local community show days etc, provided that employees required to work on the Additional Holiday shall not be paid penalty rates but shall be allowed time off equivalent to that worked, without loss of pay.

 

25.  Sick Leave

 

(i)         An employee who is absent from work due to personal illness or injury, not due to injury by accident arising out of and in the course of employment, shall have access to Sick Leave with pay subject to the following:

 

(a)        An employee shall where possible notify their manager/team leader, within one [1] hour of the employee's usual starting time, of the employee's inability to attend on account of personal illness or injury and advise of the estimated duration of absence.

 

(b)        An employee will not be required to produce medical certificates except as required in Clause 25 (c).  However, an employee is required to satisfy their manager/team leader that an absence is due to personal illness or injury.

 

(c)        The management of Sick Leave shall be in accordance with Country Energy's Sick and Personal Carers Leave Policy. If an employee is to undergo sick leave case management, the employee may be required to produce satisfactory medical evidence.

 

(d)        Where an employee has a long term illness, which has caused the employee to be absent for more than six [6] months, Country Energy will consult with the employee's union and the employee's medical adviser or refer the employee to a nominated medical practitioner to determine the likelihood of the employee returning to work. If the medical advice confirms that the employee will be unable to return to work, County Energy may terminate the employee's service.

 

(e)        Where it has been established, on medical advice, that the employee is unlikely to return to work because of the employee's illness or injury, Country Energy may terminate the employee's service.  In addition to other termination of employment entitlements, the employee will be paid an amount equivalent to two [2] weeks pay for each year of service with Country Energy up to a maximum of twenty six [26] weeks pay plus four [4] weeks pay in lieu of notice.

 

(ii)        Avoidance of Duplicate Benefits

 

An employee, who has been granted Sick Leave under this Clause, and who in respect of the same period of Sick Leave receives compensation under any Act or law, shall reimburse Country Energy from that compensation, any amounts paid as Sick Leave.

 

(iii)       Existing Accumulation

 

(a)        Employees shall have their untaken Sick Leave accumulated as at 30 June 1997 preserved. An employee shall be paid their preserved balance where an employee's service is terminated because the employee is unable to return to work under sub-clause (i) (d) or (e) above, or where an employee is made redundant by Country Energy, or when an employee retires permanently from the workforce in accordance with Clause 5 (iv) and (v) of this Award.

 

(b)        Where an employee dies, the preserved balance shall be paid to the employee's legal representative.

 

(iv)       Illness During Annual and Long Service Leave

 

If an employee suffers personal illness or injury for a period of at least five [5] consecutive days whilst on Annual or Long Service Leave, the employee will be granted additional leave equivalent to the period of personal illness or injury which occurred during the leave. In these circumstances, satisfactory medical evidence will be necessary.

 

26.  Personal Carer's Leave

 

(i)         An employee shall have access to Personal Carers Leave with pay to provide short term care and support for immediate family members when they are ill. Personal Carers Leave is not long term indefinite leave and only applies where no other carer is available until alternative arrangements can be made.  The employee is obligated to put in place alternative care arrangements as soon as possible.

 

(ii)        An employee, who needs to take Personal Carers Leave, shall notify their manager/team leader at the first opportunity.

 

(iii)       The management of Personal Carers Leave will be in accordance with Country Energy's Sick and Personal Carers Leave policy.

 

(iv)       Immediate family includes the employee's spouse (including former spouse, a de facto spouse and a former de facto spouse), same sex partner, or a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling and a relative of the employee who is a member of the same household.

 

27.  Long Service Leave

 

(i)         Country Energy shall grant each employee Long Service Leave on full pay as follows:

 

Length of Continuous Service

Amount of Leave

After 10 Years

13 weeks

Between 10 and 15 ears

1.7 weeks per year

Between 15 and 20 ears

2.7 weeks per year

After 20 ears

2.7 weeks per year

 

(ii)        Accrual of Leave

 

Long Service Leave shall accrue during a period of continuous service on a pro rata basis proportionate to the scale of leave set out above.  However, the amount of accrued leave which an employee has shall be reduced by any period of leave previously taken.

 

(iii)       Taking of Leave

 

An employee shall not be entitled to take any period of Long Service Leave until the employee has completed ten [10] years continuous service with Country Energy. The taking of Long Service Leave shall be at a time convenient to, and by mutual arrangement with Country Energy, but at the discretion of the employee.

 

(iv)       Fragmented Leave

 

Long Service Leave may, be taken in separate periods of not less than one [1] week.

 

(v)           Notice of Leave

 

An employee shall give Country Energy at least one [1] month's notice of the taking of Long Service Leave. However, a shorter period of notice may be given in cases of unforeseen events which necessitate an employee taking leave.

 

(vi)       Continuous Service

 

For the purposes of this clause, continuous service shall mean employment in New South Wales with any city, municipality, shire, county district or other local government body or Electricity Commission of NSW, including its subsequent derivatives, or employment in New South Wales with any person or corporation which has supplied or is supplying electricity to the public under franchise agreement in accordance with sections 420 and 506B of the Local Government Act 1919, or with any person or corporation which has supplied or is supplying electricity to the public and from one such body to another, which is unbroken by a period of employment or absence outside the service of any such body, provided that:

 

(a)        Service with any such body shall be taken as prescribed by the appropriate Awards or industrial agreements relating thereto;

 

(b)        Any absence without payment, not exceeding one [1] month, between periods of employment with any such body, which involves genuine illness or injury or is required for the purpose of attending to matters of a domestic or personal nature in preparation for the taking up of a new appointment, shall be deemed not to have interrupted the continuity of service;

 

(c)        Any absence without payment which exceeds one [1] month between periods of employment with any such body shall be subject to special consideration of the reasons involved and shall be approved by Country Energy before being accepted as not having interrupted the continuity of service.

 

(vii)      Periods Not Included

 

Periods which shall not be included in the calculation of continuous service are unpaid absences and periods between separate periods of employment with Country Energy except as provided for in Clause 27 (vi) (c).

 

(viii)     Transfer of Credits/Payments

 

Recognition of previous service as defined in subparagraph (vi) (a) of this paragraph and any consequential transfer of credits or transfer of payments shall be limited to such bodies where there is reciprocal recognition and arrangements for credit of past service with Country Energy.

 

(ix)       Payment

 

(a)        Allowances - An employee who regularly receives payment of On Call and Standing By allowances, shift allowances or any allowance payable as an all purpose allowance, will receive payment of those allowances during periods of Long Service Leave on the same basis of payment or average payment to the employee in the four [4] week period prior to the date of commencement of the leave.

 

(b)        Full Pay - During a period of Long Service Leave, an employee shall be paid in addition to allowances, the employee's ordinary rate of pay which the employee would have received for the period had the employee not been on leave.  Provided that in the case of a part time employee, the payment of leave shall be calculated by averaging the employee's hours over the previous twelve [12] months.

 

(c)        Payment Before Leave - An employee shall be entitled to receive payment for the full period of Long Service Leave prior to the date upon which the leave commences.

 

(x)        Holidays Excluded

 

Long Service Leave shall be exclusive of all Award Holidays which occur during the period of such leave.

 

(xi)       Termination of Employment

 

(a)        Ten [10] Years

 

Where an employee has completed at least ten [10] years continuous service, and the employee's employment is terminated for any reason, or the employee dies, the employee or the employee's legal representative, shall be paid the amount due for the employee's accrued Long Service Leave.

 

(b)        Short Service

 

Where an employee has completed at least five [5] years service and employment is terminated by Country Energy for any reason, or by the employee on account of illness, incapacity or other domestic or pressing necessity, or by reason of death Country Energy shall pay to the employee or the employee's legal representative the monetary equivalent of the employee's accrued Long Service Leave.

 

(c)        Payment on Termination

 

On termination of employment, an employee shall be paid the ordinary rate of pay, excluding allowances, for accrued Long Service Leave.

 

(xii)      No Payment In Lieu

 

Country Energy shall not pay an employee in lieu of Long Service Leave, whilst the employee remains an employee of Country Energy.

 

28.  Jury Service Leave

 

(i)         An employee shall notify Country Energy as soon as possible of the date upon which they are required to attend for Jury Service.

 

(ii)        An employee shall be paid by Country Energy the difference between the Jury Service fee received and the employee's ordinary time rate of pay for Jury Service during the employee's usual ordinary working hours.

 

(iii)       An employee who attended Jury Service during a period of Annual or Long Service Leave or paid Maternity Leave shall, on application and on production of satisfactory evidence, be credited with leave, for the period during which the employee would have been on annual or long service leave had the employee not been on Jury Service.

 

29.  Parental Leave

 

(1)        Employees shall have, in connection with the birth or adoption of a child, maternity, paternity or adoption leave in accordance with the provisions of the NSW Industrial Relations Act 1996.

 

(2)        An employee shall, subject to the completion of twelve [12] months continuous service with Country Energy, be entitled to;

 

(a)        maternity leave with full pay for a period of 14 weeks, or, in the alternative, 28 weeks at half pay and;

 

(b)        adoption leave with full pay for a period of 14 weeks, or in the alternative, 28 weeks at half pay and;

 

(c)        Paternity leave with full pay for a period of 1 week or in the alternative, 2 weeks at half pay.

 

(3)        An employee shall be entitled to such additional leave without pay as shall amount in aggregate to a total period of maternity leave and adoption leave not exceeding fifty-two (52] weeks.

 

(4)        In accordance with this Clause, an employee may utilise the whole or part of any Annual Leave and/or Long Service Leave or other paid leave provided that the total period of leave does not exceed fifty two [52] weeks.

 

(5)        Paid leave of absence granted under this Clause shall be counted as service for the purposes of this Award.

 

a)         maternity leave with full pay for a period of 14 weeks, or, in the alternative, 28 weeks at half pay and;

 

b)         adoption leave with full pay for a period of 14 weeks, or in the alternative, 28 weeks at half pay and;

 

c)         Paternity leave with full pay for a period of 1 week or in the alternative, 2 weeks at half pay.

 

(6)        An employee shall be entitled to such additional leave without pay as shall amount in aggregate to a total period of maternity leave and adoption leave not exceeding fifty-two [52] weeks.

 

(7)        In accordance with this Clause, an employee may utilise the whole or part of any Annual Leave and/or Long Service Leave or other paid leave provided that the total period of leave does not exceed fifty two [52] weeks.

 

(8)        Paid leave of absence granted under this Clause shall be counted as service for the purposes of this Award.

 

30.  Bereavement Leave

 

(i)         Where an employee's immediate family member dies, the employee shall be granted bereavement leave with pay for any unworked part of the ordinary working day or rostered shift during which the employee was notified of the death and up to a further two [2] ordinary working days or rostered shifts.

 

(ii)        Immediate family includes the employee's spouse (including former spouse, a de facto spouse and a former de facto spouse), same sex partner, or a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, parent in law, grandparent, aunt or uncle, grandchild or sibling.

 

31.  Union Training Leave

 

(i)         An employee may make application to Country Energy for paid leave to attend Union courses/conferences.

 

(ii)        Country Energy's approval of an application for Union leave is subject to:

 

(a)        The taking of the leave shall be dependent upon Country Energy being able to make adequate staffing arrangements.

 

(b)        Training courses/conferences should be for Union delegates or workplace representatives for whom the approved course is of relevance.

 

(c)        Written application and at least six [6] weeks notice, or other agreed period, for leave shall be given.

 

(d)        Paid leave will not incur any other payment other than the ordinary rate of pay.

 

(e)        An annual pool of paid leave up to a maximum of one hundred [100] days will be provided by Country Energy for employees to use for Union leave.  Extra leave may be granted by approval of the Managing Director.

 

32.  Accident Leave

 

(i)         Accident Pay

 

(a)        An employee, after a period or periods of worker's compensation totalling twenty six [26] weeks, shall be entitled to accident pay for a further period of absence, or absences up to a period of twenty six [26] weeks of incapacity.

 

(b)        Accident Pay is not payable for the first twenty six [26] weeks of a period of incapacity.

 

(c)        Accident Pay shall mean a weekly payment of an amount representing the difference between the amount of compensation to which the employee would be entitled to under the NSW Workers' Compensation Act, as amended and the employee's ordinary rate of pay.

 

(d)        Accident Pay shall be payable only for a period or periods of incapacity while the employee remains an employee of Country Energy.

 

(e)        An employee shall not be entitled to the payment of Accident Pay in addition to payment for any period of Annual Leave, Sick Leave, Long Service Leave or any Award Holiday, or for any period for which the employee has received a verdict for damages or a payment as settlement for a claim related to a compensation injury.

 

(ii)        Notice of Injury

 

An injured employee shall give notice in writing, of the injury and circumstances leading to the injury, to Country Energy without undue delay, and shall provide in writing all other information as Country Energy may reasonably require.

 

(iii)       Medical Examination

 

Nothing in this Clause shall in any way be taken as restricting or removing Country Energy's right under NSW workers' compensation laws, to require the employee to submit for examination by a legally qualified medical practitioner, provided and paid by Country Energy.

 

If the employee refuses to submit to such examination or in any way obstructs the same, the employee's right to receive or continue to receive Accident Pay shall be suspended until such examination has taken place.

 

(iv)       Damages or Settlement

 

The employee shall not be entitled to receive Accident Pay if the employee fails to give Country Energy:

 

(a)        An undertaking that if the employee obtains a verdict for damages against Country Energy in respect of the injury or is paid an amount in settlement of any claim for damages that the employee has made against Country Energy for the injury, the employee will immediately upon receipt of payment or upon receipt of payment by the employee's agent of a verdict for damages or amount in settlement of the claim, repay to Country Energy the amount of Accident Pay which Country Energy has paid.

 

(b)        An undertaking that where the injury was caused under the circumstances creating a liability in a third party to pay damages and the employee obtains a verdict for damages or is paid an amount of money in settlement of any claims for damages against that third party the employee will out of such verdict or amount of money repay to Country Energy the amount of Accident Pay which Country Energy has paid.

 

(c)        An irrevocable authority addressed to any third party requiring such third party out of any verdict which may be obtained by the employee against that third party or any amount of money payable to the employee in settlement of any claim for damages made against that third party to pay to Country Energy the amount of Accident Pay which Country Energy has paid to the employee.

 

33.  Grievance Resolution Procedure

 

(i)         Where an employee has a grievance or dispute concerning an employment matter, they will complete a Grievance Form and the following steps will be taken:

 

Step 1

 

The grievance form shall first be discussed with their immediate manager/team leader who will make the necessary enquires, forward the Grievance Form to the Regional HR adviser for recording and assistance if required, and give the employee or employees a response. Every effort will be made to give the employee or employees a response within two [2] working days.

 

Step 2

 

Should the grievance or dispute remain unresolved, the employee or employees should request the Regional HR adviser to forward the Grievance Form and any further details to the divisional General Manager who will arrange a meeting, within ten [10] working days, with the relevant people to discuss the matter with a view to resolving the grievance or dispute.

 

Step 3

 

If the grievance or dispute is still unresolved, the Manager Human Resources or the Manager Workplace Relations Strategy and the appropriate Union official shall be notified and a conference arranged to examine and resolve the matter.

 

Step 4

 

If the grievance or dispute is not settled by the conference Country Energy and the Union may refer the matter to an agreed mediator for a mediation conference which shall be attended by the employee with their Union representative and a person with appropriate authority from Country Energy.  The costs of the mediation shall be met by Country Energy.

 

(a)        The mediation conference is not to be conducted in a legalistic fashion and shall be approached by all concerned to bring about an agreed solution.  The mediator will not make decisions or impose a solution on the parties unless requested to do so, in writing, by both parties.

 

(b)        If a settlement is reached, the terms of the settlement must be written down and signed by both parties and the mediator before the mediation conference is terminated.

 

(c)        An agreed settlement shall be binding on the parties and enforceable.

 

(d)        Either party may terminate the mediation conference, in writing, at any time.

 

Step 5

 

If the grievance or dispute still remains unresolved, either party has the right to have the matter referred to the appropriate industrial tribunal for conciliation and/or arbitration.

 

(ii)        During the grievance and dispute resolution procedure, the normal work situation that existed prior to the grievance or dispute arising shall be maintained and no party shall be prejudiced.

 

(iii)       This procedure shall not prevent Country Energy or the Union from making direct representations to one another on any matter giving rise to or likely to give rise to a grievance or dispute.

 

34.  Outsourcing

 

(i)         Where Country Energy is considering outsourcing work which affects employees, Country Energy shall consult with the affected employees and Unions prior to tendering for such work.

 

(ii)        Country Energy shall discuss with employees affected and the relevant Union, the effects outsourcing is likely to have on employees and measures to minimise the impact on employees, and shall give prompt response to matters raised by the employees and the Unions, including consideration of employee generated alternatives.

 

(iii)       Where the work to be outsourced is likely to have a long term (in excess of three [3] months) or major impact on either:

 

(a)        a particular geographical location, or

 

(b)        a particular classification group, or

 

(c)        a particular existing work function

 

A meeting of the Consultative Committee shall be convened and full details provided prior to the decision to tender.

 

(iv)       Expressions of interest or tenders when advertised shall be timed so as to provide the employees with an opportunity to submit a conforming expression of interest or tender to do the work to an equivalent standard, timetable, and price.

 

(v)        If an employee generated conforming expression of interest or tender is submitted, it shall be evaluated together with external submissions received.

 

(vi)       The Consultative Committee will consider whether the work activity being considered for outsourcing, can be carried out by current employees or whether alternative arrangements, such as permanent part time, temporary or casual employment are a more suitable alternative and make recommendations considered appropriate.

 

(vii)      Work will only be outsourced or contracted out when it can be demonstrated that either:

 

(a)        Insufficient resources are available to meet the current Country Energy work commitment and work timetable, or

 

(b)        The failure to complete the work in a reasonable time would jeopardise the safety of the public or impact adversely upon system performance, or

 

(c)        The use of outsourcing or contracting to the work is commercially the most advantageous option taking into account; quality; safety; performance; cost; and the overall strategic direction of Country Energy.

 

(viii)     If after this process has been conducted a decision to outsource has been made, the Contractor engaged to perform the work must:

 

(a)        Provide a written undertaking to comply with industry safety, environmental and quality standards.

 

(b)        Provide a written undertaking to conform to all Acts, Awards and agreements affecting the employees of the Contractor.

 

(c)        The Contractor will have in place employee relations practices and policies to ensure sound employee relations and minimize risk of industrial disputation. Country Energy will negotiate and agree with the relevant union to identify those contractors who have sound employee relations policies and practices.

 

(ix)       Where an employee's position is no longer required the position holder shall be subject to the provisions of the Salary Maintenance Policy.

 

35.  Wet Weather

 

Where because of wet weather, an employee stops work; the employee shall be paid for time not worked provided the employee:

 

(i)         Remains at work until directed to leave work;

 

(ii)        Stands by as directed; and

 

(iii)       Reports for duty as directed.

 

36.  Tools

 

(i)         Country Energy shall provide employees with the necessary tools to perform their duties.

 

(ii)        Damaged, lost or worn tools shall be replaced by Country Energy.

 

(iii)       Employees shall use the tools for their intended purpose only.

 

(iv)       Employees shall exercise all care in the use of and safe keeping of tools.

 

37.  Private Motor Vehicle - Allowances

 

(i)         Casual Use of Motor Vehicles

 

(ii)        An employee who, by arrangement, uses a privately owned motor vehicle in their job shall be paid for the casual use at the Australian Taxation Office rates.

 

38.  First Aid and Chief Fire Warden Allowances

 

First Aid Allowance

 

(i)         All employees will be encouraged to obtain a First Aid Certificate.  The costs of obtaining the certificate and the ongoing renewal costs will be met by Country Energy.

 

(ii)        An employee who is the holder of a current recognised First Aid Certificate and who is designated first aid attendant shall be paid a weekly First Aid Allowance as per Table 3 - Allowances.

 

Chief Fire Warden Allowance

 

An employee who has received the appropriate training and is designated as a Chief Fire Warden shall be paid a weekly Chief Fire Warden allowance as per table 3 - Allowances

 

39.  Leading Hand Allowance

 

(i)         An employee employed in a field based position who is in charge of and responsible for a work group comprising that employee and at least two [2] other employees shall be classed as a Leading Hand.

 

(ii)        An amount per day as per Table 3 - Allowances shall be added to a Leading Hand's usual classification and grade daily rate of pay.  This amount shall be payable for all purposes of the Award.

 

(iii)       An employee may be designated as a Leading Hand on a temporary or on an acting basis to meet short term business needs, and will be paid the allowance daily for all purposes of the Award.

 

40.  Aircraft Allowance

 

(i)         An employee who is required in the course of employment to be engaged in a rotary or fixed wing aircraft in inspection and reporting on the distribution network shall be paid an allowance as per Table 3 - Allowances, per day or part thereof whilst so engaged.

 

(ii)        Paid on Overtime - this allowance shall apply during periods of overtime.  This allowance is not paid for other purposes.

 

(iii)       Prior to use by employees the full service history of the particular aircraft to be used are to be made available.

 

41.  Isolation & Climatic Allowances

 

(i)         Isolation Allowance

 

Employees permanently attached to a Country Energy Field Service Centre or Office in a town with a population of less than 10,000 which is 250 kilometres or more from a town or city with a population of 20,000 or greater shall be paid a weekly Isolation Allowance as set out in Table 3 - Allowances.

 

(ii)        Climatic Allowance

 

Employees who work in Jindabyne Field Service Centre (FSC) or other Country Energy Field Service Centre or office which is situated upon or to the west of a line drawn from a point on the right bank of the Murray River opposite Echuca

 

(Victoria) and then to the following towns in the order stated, Deniliquin, Griffith, Condobolin, Narromine, Coonamble, Gunnedah, Narrabri, Moree and Goondiwindi shall be paid an allowance as set out in Table 1 - Allowances.

 

(iii)       These allowances do not form part of the ordinary rates of pay for the purpose of the calculation of overtime or paid for other purposes.

 

42.  Explosives Allowance

 

An employee who is the holder of a Powderman's Certificate of Competency issued by WorkCover and who uses and maintains explosives shall be paid an all purpose allowance as per Table 3 - Allowances.

 

43.  Telephone Allowance

 

Employees who are required to provide a telephone at their home for the purpose of Country Energy business, shall be given a quarterly flat rate allowance, which shall be paid in equal weekly instalments, as set in Table 3- Allowances to cover telephone rent, service and equipment charges and business calls. Where, in any quarter, the cost of business calls exceeds the quarterly allowance, the employee shall provide proof of the additional calls and then be reimbursed the cost of the excess calls.

 

44.  Drivers' Licence

 

An employee appointed to a position which requires the employee to hold a motor vehicle drivers' licence shall be reimbursed the cost of such license by Country Energy.

 

45.  Training Allowance

 

(i)         A Training Allowance shall as per Table 3 - Allowances shall be paid to employees required to provide regulatory training to or carry out the functions below:

 

(a)        Employees who are required to prepare and present approved regulatory training courses to other staff members.

 

(b)        Assessment (of a course and/or individual participant).

 

(ii)        The Training Allowance shall not apply where the responsibility for the above duties is a function of the employee's appointed position.

 

(iii)       All training will be paid at ordinary time, if the course has been approved by Country Energy.

 

46.  Movement of Allowances

 

Allowances described in the Table of Allowances shall increase at the same percentage rate as the rates of pay other than Meal Allowance, Isolation Allowance and On Call Allowance.

 

47.  Date and Period of Operation

 

This Award shall commence on and from the first pay period beginning on or after the 1st July 2007 and shall remain in force up to 30 June 2009.

 

48.  Calculation of Service

 

(i)         An employee's service with Country Energy for all purposes of this Award shall be taken to be that period from the date of commencement to the date of termination of employment, such dates to be inclusive provided that entitlements due under this Award shall be subject to the deduction of any entitlements taken or represented by payment in lieu thereof made to the employee upon termination of employment or upon transfer from one body to another.

 

(ii)        Periods included:

 

(a)        Service with Country Energy shall include that period with the former electricity distributors Advance Energy, Great Southern Energy and NorthPower provided service is unbroken by a period of employment or absence outside the service of any such body.  Service shall include periods of service which has been previously recognised by those bodies.

 

(b)        Employment with a Group Training Company during the term of an Apprenticeship/Traineeship for the period/s hosted by Country Energy or the former electricity distributors as listed above.

 

(c)        Approved periods of leave with pay.

 

(d)        Periods of approved sick leave with pay.

 

(e)        Periods of absence for which the employee is entitled to Accident Pay and/or Worker's Compensation.

 

(f)         Periods of leave without pay, if specifically approved.

 

(g)        Any absence engaged in National Service Training or periods of service under enlistment with any of Her Majesty's Forces, provided the employee has enlisted or been engaged in National Service from and returned directly to the service of Country Energy.

 

(h)        Any temporary employment, which is continuous with a period of full time employment.

 

49.  Working Away From Home

 

(i)         An employee required to remain away overnight shall, except as provided for in paragraph (ii), (iii) and (iv) of this Clause, be entitled to:

 

(a)        Have Country Energy pay for accommodation costs only and the employee to be paid beforehand for meal and incidental allowances as per Australian Tax Office approved allowances; or

 

(b)        Have Country Energy arrange and pay for accommodation costs, meals and incidental expenses; or

 

(c)        A lump sum allowance paid beforehand equal to the Australian Tax Office approved schedule.

 

(ii)        For Apprentices/Cadets/Trainees attending training, directly in relation to their Training Contract, Country Energy shall provide reasonable Accommodation.  All meals and incidental expenses will be covered as per 49 (i) above.

 

(iii)       Where a Corporate Card has been issued to an employee the Card shall be used to pay for overnight expenses. Any expenses that cannot be paid for by the card shall be reimbursed on supply of receipts.

 

(iv)       Claims for allowances, except incidentals, cannot be made for employees attending internal training sessions, Inductions, conferences and staff development activities where Country Energy has provided reasonable accommodation and meals.

 

(v)        Reasonable accommodation, for the purposes of this clause, will be of at least Three [3] Star standard, where possible.

 

50.  Salary Sacrifice

 

(i)         Employees may elect to receive superannuation benefits in lieu of a proportion of their Award wages. The employee's election to vary this superannuation benefit must be in writing and would occur no more than once per calendar year, in accordance with Clause 51.

 

(ii)        An employee may elect to receive an in house benefit in the form of a reduction in electricity accounts and/or purchase of white goods up to a total value of $1330.00 per annum in lieu of receiving the equivalent amount in wages under this Award.

 

(iii)       A Country Energy motor vehicle with private use approved in accordance with the Motor Vehicle Policy where appropriate.

 

51.  Superannuation

 

Country Energy will make an additional optional employer contribution of 1 % per annum, for the life of this current agreement, on all ordinary time earnings (OTE).

 

(i)         Default Superannuation Scheme

 

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

 

(ii)        Salary Sacrifice To Superannuation

 

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

 

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

 

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

 

52.  Salary Maintenance

 

Employees whose positions have been identified as being no longer required or restructured/redesigned to a lesser value and who elect to remain with the organisation will be subject to the salary maintenance provisions of Country Energy's Salary Maintenance Policy from the date of being informed in writing that their position is no longer required. The parties agree that Salary Maintenance and Redeployment policies shall not be altered without consultation and the agreement of the Union parties to this Award.

 

53.  Workplace Flexibility

 

(i)         Intention

 

These flexibility arrangements are to apply to short term arrangements between employees and Country Energy which shall be by mutual agreement.  They are not to permanently replace the standard Award conditions and should be specifically project orientated. The Unions will be advised in writing of any proposed workplace flexibility alternate arrangements.

 

(ii)        Consultation

 

The Unions will be consulted in respect to workplace flexibility alternate arrangements.

 

(iii)       Workplace Flexibility Arrangements

 

(a)        Nature of Arrangements

 

Under the terms of this Agreement the workplace flexibility arrangements that may be entered into may include, but not be limited to, the following matters:

 

Hours of Work.

 

Overtime including accrual and cashing in of time in lieu of overtime.

 

Travel and accommodation expenses.

 

(b)        Negotiating Workplace Flexibility Arrangements

 

Discussions leading to agreed workplace flexibility arrangements should be between the relevant manager/team leader, the local Union Delegate and the employees affected by the arrangement. Discussions should include all relevant details including:

 

Nature of work to be performed; How the work is to be performed; Who is to perform the work; When the work is to be done;

 

The basis on which payment, or otherwise, is to be made; and The timeframe the arrangement is to run for.

 

Country Energy will endeavour to source employees from within the regions/Field Service Centres concerned.  When insufficient numbers are available, consultation will occur with the relevant Union/s prior to seeking interest external to the region/ Field Service Centres concerned.

 

Where this occurs and the interested employees exceed the required numbers, the normal selection process shall apply.

 

(c)        Recording the Arrangement

 

The agreed workplace flexibility arrangement shall be committed to writing.

 

54.  Clothing

 

(i)         To fulfil safety requirements relating to the provision of personal protective clothing, Country Energy shall provide personal protective clothing in accordance with an agreed schedule.

 

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

 

(iii)       Clothing will be replaced on a fair wear and tear basis approved by the employee's manager/team leader.

 

55.  Union Delegates' Rights

 

Union Delegates at Country Energy shall have the right to:

 

(i)         Approach, or be approached by a member for the payment of Union dues or other payments, or to discuss any matter related to this member's employment, during working hours.

 

(ii)        After advising the employer upon arrival and obtaining permission the right of the Union organiser/official and the Union delegate to move freely for the purpose of consulting other delegates during working hours and to negotiate with the management together with other Union delegates on behalf of all or part of the members and on any matters in accord with Union policy affecting the employment of members.

 

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

 

(iv)       Have protection for victimisation and this right to be expressed in prohibiting the employer seeking to separate the Union delegate from the Union members that elected them without first consulting with the Union.

 

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

 

(vi)       Place notices on notice boards after advising the employer of the notice details. Notices can be placed on notice boards dealing with matters of interest to members and within the policy of Country Energy.

 

(vii)      Attend meetings (e.g. regional, organisational or delegates) held by the Union in which they hold office without loss of any or rights following the approval of Country Energy.

 

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

 

56.  Supply of Residence

 

Where an employee is provided with a residence by Country Energy (with or without concessions), the weekly value of such residence and concessions shall be determined by Country Energy.

 

57.  Leave Reserved

 

The parties will endeavour to ensure that the following matters are resolved during the life of the Award:

 

(i)         In the absence of consent, the parties agree that the Unions may make application for the variation of the Award to insert a Bargaining Agents Fee.

 

(ii)        The introduction of a Senior Linesperson Grade.

 

(iii)       The Annualisation of the 24/7 Rotated Shiftwork

 

(iv)       A comprehensive review of the application and payment of the Safety Rules Allowance

 

(v)        Review of the current system driven management of payment in Lieu of Overtime.

 

(vi)       Review of the current system driven management of accrual of Rostered days Off

 

(vii)      Review of Working Away from Home provisions and payments.

 

(viii)        Review of 16 in 24 hour rule and its application to ensure proper fatigue management

 

The parties consent to the variation of the Award to include any of the above matters once resolved.

 

APPENDIX 1A

 

UNUSED ACCRUED SICK LEAVE

 

It has been agreed in principle that unused preserved sick leave can be (voluntarily by each employee) accessed.  There are to be two access dates per year, spreading over more than one financial year, for the life of this current agreement.

 

APPENDIX 1 B

 

COMPETENCIES

 

The following Savings and Transition Clause from the 2003-05 Award is reconfirmed.

 

(i)         The parties are committed to continue the introduction of the Competency Structure as agreed in 2003.

 

(ii)        During the transition from the old structure to the new competency-based structure, if the structure and criteria has not been implemented, then an employee will be able to progress to the next salary step if the employee has available steps in their range. In addition, if an employee's position value bridges two grades, and then the employee will also be able to progress into the higher grade if he/she has not done so.

 

(iii)       Upon the introduction of the Competency Structure where a particular competency is required but provision for training is not provided by Country Energy, an employee will progress to the next level under the Progression Schedule at the employee's anniversary for progression)

 

(iv)       Country Energy will backdate increases that are determined from the implementation of the Competency Structure to either the appropriate date identified for the utilisation of the competencies, or to October 2003, whichever is appropriate.

 

(v)        If an employee is assessed at a higher level than they occupy, then the employee shall move to that pay level immediately and is not required to wait 12 months.

 

(vi)       Progression to another band will not be withheld when an employee is assessed as requiring competencies of a higher qualification to perform their role, either having attained the competency or having recognised through Recognition of Prior Learning (RPL).

 

(vii)      The parties to the Award shall be involved in all aspects of the process of developing and implementing the Competencies Structure. Administration of the new Competency Structure shall be in accordance with the Country Energy Progression Guidelines Manual (CEM7062). Variations to the Progression Guidelines Manual will only be effected after consultation with the parties to the Award.

 

APPENDIX 1 G

 

INDUSTRY EQUALISATION

 

(i)         Country Energy agrees to work towards industry uniformity of assessing roles and remuneration of those roles during the life of this Award.

 

(ii)        To achieve subclause (i) the parties agree to discuss and identify an appropriate mechanism for achieving a uniform method to evaluate Electricity Industry roles.

 

APPENDIX 1 D

 

ISOLATED AREAS - INCLUDING INDIGENOUS ISSUES

 

(i)         The Award parties are agreed to proactively support recruitment and employment in isolated areas.  The Union parties are also committed to an involvement in developing the terms of reference for such work and the work of the existing Recruitment Group for Isolated Areas.

 

APPENDIX 2

 

TABLE 1: COUNTRY ENERGY RATES OF PAY

 

Pay Point

$

1.7.2007

Hourly Rate

1.7.08

Hourly Rate

AQF Level

 

30:06.07

3:00%

 

3.00%

 

 

1

436.8

449.90

12.50

463.40

12.87

 

2

530.7

546.62

15.18

563.02

15.64

 

3

614.57

633.01

17.58

652.00

18.11

 

4

688.65

709.31

19.70

730.59

20.29

 

5

712.11

733.47

20.37

755.48

20.99

 

6

736.24

758.33

21.06

781.08

21.70

 

7

748.31

770.76

21.41

793.88

22.05

 

8

772

795.16

22.09

819.01

22.75

 

9

787.49

811.11

22.53

835.45

23.21

 

10

835.94

861.02

23.92

886.85

24.63

 

11

869.48

895.56

24.88

922.43

25.62

 

12

886.8

913.40

25.37

940.81

26.13

 

13

904.61

931.75

25.88

959.70

26.66

 

14

922.63

950:31

26.40

978.82

27.19

AQF 3

15

941.3

969.54

26.93

998.63

27.74

 

16

960.14

988.94

27.47

1018.61

28.29

 

17

979.33

1008.71

28.02

1038.97

28.86

 

18

998.68

1028.64

28.57

1059.50

29.43

 

19

1018.74

1049.30

29.15

1080.78

30.02

 

20

1039.16

1070.33

29.73

1102.44

30.62

 

21

1050.05

1081.55

30.04

1114.00

30.94

 

22

1059.93

1091.73

30.33

1124.48

31.24

 

23

1080.99

1113.42

30.93

1146.82

31.86

 

24

1102.78

1135.86

31.55

1169.94

32.50

 

25

1124.75

1158.49

32.18

1193.25 '

33.15

AQF4

26

1170.44

1205.55

33.49

1241.72

34.49

 

27

1193.58

1229.39

34.15

1266.27

35.17

 

28

1241.99

1279.25

35.53

1317.63

36.60

 

29

1267.02

1305.03

36.25

1344.18

37:34

Diploma

30

1291.97

1330.73

36.96

1370.65

38.07

 

31

1317.92

1357.46

37.71

1398.18

38.84

 

32

1344.41

1384.74

38.47

1426.28

39.62

 

33

1371.23

1412.37

39:23

1454:74

40.41

Advanced

 

 

 

 

 

 

Diploma

34

1426.67

1469.47

40.82

1513.55

42.04

 

35

1455.77

1499.44

41.65

1544.43

42.90

 

36

1484.11

1528.63

42.46

1574.49

43.74

 

37

1544.11

1590.43

44.18

1638.15

45.50

Technical

 

 

 

 

 

 

Management

38

1606.69

1654.89

45.97

1704.54

47.35

 

39

1671.41

1721.55

47.82

1773.20

49.26

 

40

1738.99

1791.16

49.75

1844.89

51.25

 

41

1773.88

1827.10

50.75

1881.91

52.28

 

42

1809.21

1863.49

51.76

1919.39

53.32

 

43

1919.05

1976.62

54.91

2035.92

56.55

 

44

1997.54

2057.47

57.15

2119.19

58.87

 

 

APPENDIX 3

 

TABLE 2: COUNTRY ENERGY SHIFT ALLOWANCES

 

Clause

Allowance Description

Frequency

Amount

Amount

Amount

 

 

 

30.06.07

1.07.07

1.07.08

 

 

 

 

(3%)

(3%)

18

Shift

 

$

$

$

 

Afternoon Shift

Per Shift

28.24

29.09

29.96

 

Night Shift

Per Shift

35.16

40.00*

41.20

 

Early Morning Shift

Per Shift

9.64

9.93

10.23

 

* Agreed initial increase.

 

APPENDIX 4

 

TABLE 3 - COUNTRY ENERGY ALLOWANCES

 

Clause

Allowance Description

Frequency

Amount

Amount

Amount

 

 

 

30.06.07

1.07.07

1.07.08

 

 

 

 

(3%)

(3%)

 

 

 

$

$

$

20

On Call Allowance

Per Week

170.00

170.00

170.00

 

Per day Mon to Fri

Per Day*

30.64

30.64

30.64

 

Per Day Sat/Sun/Hol

Per Day*

45.95

45.95

45.95

 

Duty Officer Allowance

Per Week

118.31

121.86

125.52

 

Per Day

Per Day*

23.65

24.36

25.09

21

Meal Allowance

Per meal

12.14

12.14

12.14

38

First Aid Allowance

Per week

13.75

14.16

14.58

38

Chief Fire Warden Allowance **

Per week

**

14.16

14.58

39

Leading Hand Allowance

Per day

54.27#

14.00

14.42

40

Aircraft Allowance

Per day

17.60

18.13

18.67

41

Isolation Allowance

Per week

54.09

54.09

54.09

 

Climatic Allowance

Per week

9.51

9.80

10.09

 

Per Day at Location

Per day

1.90

1.96

2.02

42

Explosives Allowance

Per week

14.98

15.43

15.89

45

Training Allowance

Per day

30.50

31.42

32.36

 

*   Not to exceed maximum allowable weekly amount

 

** New Allowance as of 01.07.07

 

#   Allowance was paid as Per Week. From 01.07.07 Allowance paid daily as set out.

 

APPENDIX 5

 

TABLE 4: COUNTRY ENERGY ELECTRICAL SAFETY ALLOWANCE

 

Electrical Safety Allowance Per Week

 

30.06.2007

1.07.2007

1.07.2008

100%

$44.50

$74.50

$104.50

80%

$35.60

$59.60

$83.60

60%

$26.70

$44.70

$62.70

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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