Energy
Australia Consent Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Energy
Australia.
(No. IRC 2328 of 2008)
Before The Honourable
Mr Deputy President Harrison
|
30 June 2009
|
AWARD
Table of Contents
1 Title
2 Area,
Incidence, Parties and Duration
3 Definitions
4 Referral
Agreement
5 Grievance
Resolution
6 Disputes
Resolution
7 Consultation
8 Outsourcing/Contracting
Out
9 Occupational
Health and Safety
10 Training
11 Wages &
Salaries
12 Method of Payment
13 Allowances
14 Productivity
and Work Practice Development
15 Hours of
Work
16 Shift Work
17 Overtime
18 On Call
19 Standing By
20 Meal Break
/ Meal Allowance
21 Part-time
Employment
22 Casual
Employment
23 Fixed Term
Employment
24 Job-sharing
25 Local
workplace flexibility
26 Annual
Leave
27 Sick Leave
28 Long
Service Leave
29 Accident
Leave and Pay
30 Special
Leave
31 Bereavement
Entitlements for Casual Employees
32 Personal/Carer’s
Leave
33 Parental
Leave
34 Career
Break
35 Agreement/Public
Holidays
36 Rostered
Days Off (RDO)
37 Terms of
Employment
38 Calculation
of Service
39 Cashing in
Sick Leave
40 Excess
Travel
41 Provision
of Transport
42 Protective
Clothing and Equipment
43 Higher
Grade Pay
44 Superannuation
45 Apprentices
46 Miscellaneous
Conditions of Employment
47 No Extra
Claims
48 Anti
Discrimination
49 Union
Delegates’ Charter
Appendix 1 EnergyAustralia’s
Pay Rates and Allowances
Appendix 2 Annual
Leave Conversion
Appendix 3 Classifications
within the Trade & Technical Group
Appendix 4 Classifications
within the Clerical & Contact Centre Group
Appendix 5 Classifications
within the Professional Group
Appendix 6 Classifications
within the Engineer Group
Schedule 1 - Professionals, Managers and Specialists
Agreement 2008
Schedule 2 - Engineers’ Agreement 2008
Schedule 3 - EnergyAustralia Executive Assistants’
Agreement 2008
Schedule 4 - EnergyAustralia Commercial Graduate
Agreement 2008
1. Title
This Agreement is to be known as the EnergyAustralia
Agreement 2008.
2. Area, Incidence,
Parties and Duration
2.1 The Parties to
this Agreement are:
EnergyAustralia
Electrical Trades Union of Australia, New South Wales
Branch [ETU]
New South Wales Local Government, Clerical,
Administrative, Energy, Airlines and Utilities Union [USU]
Association of Professional Engineers, Scientists and
Managers Australia, New South Wales Branch [APESMA]
Public Service Association of New South Wales [PSA]
Australian Workers’ Union [AWU]
Construction, Forestry, Mining and Energy Union (Mining
and Energy Division) NSW Branch [CFMEU]
Australian Manufacturing Workers’ Union (Vehicle
Division) [AMWU]
2.2 This Agreement
rescinds and replaces the EnergyAustralia Agreements 2006 and all subsequent
variations.
2.3 The Agreement
rescinds and replaces:
2.3.1 The Professional,
Managers and Specialists’ Enterprise Agreement 2006
2.3.2 The Engineers’
Enterprise Agreement 2006
2.3.3 The Executive
Assistants’ Enterprise Agreement 2006 and
2.3.4 The Commercial
Graduate Development Programme Enterprise Agreement 2006.
2.4 The Parties
intend for this Agreement to be legally binding and enforceable and, until the
Agreement is replaced by another collective agreement (registered with the
relevant body or otherwise), for the Agreement to form part of each employee’s
contract of employment.
2.5 This Agreement
shall apply to all current and future employees of EnergyAustralia who are
members, or eligible to be members of the above mentioned parties and who are
engaged in the classifications set out in Appendices 3, 4, 5 and 6 of this
Agreement (including any additional classifications introduced in accordance
with Sub-clause 2.8). Union parties are acting as agents for employees who are
members or eligible to be members of the relevant union.
2.6 This Agreement
shall have no application to any employee employed under individual contract as
a senior manager.
2.7 This Agreement
shall take effect from 19 December 2008 and shall cease to have effect on 18
December 2010.
2.8 The Parties to
this Agreement agree to making additions to Appendices 3, 4, 5 and 6
‘Classifications’, of this Agreement by consent where new employment
classifications are created by EnergyAustralia. In the event that a new employment classification is created by EnergyAustralia,
the Parties agree that the role shall be evaluated in accordance with
Sub-clauses 10.2-10.5 to determine the appropriate rate of pay.
2.9 The Parties
agree that the remuneration payable under this Agreement is in satisfaction of
any entitlements or benefits under any award or applicable enterprise agreement
that applies to the employees covered by this Agreement excepting those
indicated in Appendix D, (No. 22, 28-33) which may vary from time to time.
2.10 The Parties agree
not to make any claims, in their own right or for or on behalf of any employee,
for any entitlements or benefits under any award or other applicable industrial
instrument that applies to the employees covered by this Agreement.
2.11 Any remuneration
paid by EnergyAustralia to an employee covered by this Agreement, which is in
excess of the legislated basic minimum hourly amount payable to the employee,
may be offset against any claim by an
employee for entitlements or benefits under any other award or industrial instrument
which might be found to apply to the employee.
3. Definitions
3.1 "Appointed
Grade" means the position to which an employee has been appointed by the
Managing Director other than under the provisions of Clause 43, Higher Grade
Pay.
3.2 "Day
Off" means a day off in accordance with a regular nine day fortnight
working period arrangement.
3.3 "Dismissal"
means termination of service with EnergyAustralia for misconduct, or repeated
unsubstantiated absences from work.
3.4 "Managing
Director" means the Managing Director or EnergyAustralia.
3.5 "Medical
Officer" unless specified otherwise, means EnergyAustralia’s Medical
Officer or a medical practitioner acting on EnergyAustralia’s behalf.
3.6 "Ordinary
Rate of Pay" means the rate of pay applicable to the appointed grade of an
employee as prescribed in this Agreement and does not include shift allowance,
weekend and/or holiday or other penalty rates of pay.
3.7 "Resignation"
means voluntarily leaving the service of EnergyAustralia.
3.8 "Retirement-Age"
means termination of service in accordance with Sub-clause 37.4.
3.9 "Retirement-Ill
Health" means terminating of service by EnergyAustralia on account of
ill-health, it being certified by EnergyAustralia’s Medical Officer, or a
medical practitioner as agreed between the Managing Director and the Secretary
of the Union concerned, that such ill-health renders the employee unable in the
future to perform the duties of the employee’s appointed position or
equivalent.
3.10 "Rostered
Day Off" means a day off for a shift worker under a shift work roster; or
for a day workers, means a week day Monday to Friday on which the employee is
not required to work because the employee has worked additional time which has
accrued towards a day off.
3.11 "Service"
means service calculated in accordance with provisions of Clause 38,
Calculation of Service.
3.12 "Trade
classifications" are occupational groups whose members are required to
serve an apprenticeship.
3.13 "Permanent
Part-time employee" means an employee who is engaged for less than full
time ordinary hours as prescribed by the Agreement, with regular days and
number of hours each week.
3.14 "Casual
employee" means an employee who is engaged to work on an hourly or daily
basis, with a minimum engagement of three (3) hours.
3.15 "Fixed Term
Employment" means when it is not expected that there will be an on going
need for the position. A fixed term
employee is one who is engaged for a fixed period.
4. Referral Agreement
4.1 Recitals
4.1.1 The Parties to
this Agreement have agreed to confer upon the Industrial Relations Commission
of New South Wales ("the Commission") powers under section 146A of
the Industrial Relations Act 1996 (NSW) ("The Act") to resolve an
industrial dispute ("a Dispute").
4.1.2 This Referral
Agreement refers all industrial matters (within the ordinary meaning of the
expression) between the Parties to the Commission arising in relation to the
EnergyAustralia Agreement 2008.
4.1.3 The Parties agree
that the referral of a Dispute to the Commission under this Referral Agreement
also complies with the model dispute resolution process in Part 13 of the
Workplace Relations Act 1996 ("The WR Act") or any Act replacing The
WR Act, to the extent that The WR Act or any Act replacing The WR Act, can or
does apply to that Dispute.
4.1.4 The Parties agree
that the referral of a Dispute to the Commission under this Referral Agreement
relates only to the industrial matters arising in relation to the Agreement,
and will not apply to any other matters in dispute between the Parties now or in
the future.
4.1.5 The Parties agree
to be bound by the terms of this Referral Agreement.
4.2 Terms of the
Referral Agreement
4.2.1 The Parties
confer on the Commission all of the functions and powers prescribed by The Act,
as amended, including all related procedural powers in accordance with the
Regulations, Rules and Practice Directions of the Commission.
4.2.2 In referring a
Dispute to the Commission, the Parties agree the Commission may exercise all of
the functions and powers prescribed by The Act, as amended, including all
related procedural powers Regulations, Rules and Practice Directions of the
Commission.
4.2.3 Subject to the
rights of appeal of any party, any determination, award, order or direction
made by the Commission, in relation to the Agreement, is binding on the
Parties. The Parties will implement forthwith or within such other time as may
be specified by the Commission, any determination, award, order, finding,
direction or other decision made by the Commission.
4.2.4 A party may
decide to appeal a determination, award, order or direction made by the
Commission pursuant to this Referral Agreement. Any such appeal must proceed in a manner as provided by Chapter 4
Part 7 of The Act and must be determined in a manner as provided in section 192
of The Act.
4.2.5 The making of
this Referral Agreement does not prejudice the ability of the Parties to agree
to refer any future dispute to the Commission under another Referral Agreement.
4.2.6 This Referral
Agreement may not be modified or varied unless by further written agreement
signed by the Parties.
4.2.7 This Referral
Agreement shall remain in force until 18 December 2010, or until terminated by
written agreement, signed by the Parties.
The Referral Agreement may continue to operate beyond the nominal expiry
date until rescinded and replaced by the Parties.
4.2.8 The Parties also
agree that this Referral Agreement complies with the model dispute resolution
process in Part 13 of the Workplace Relations Act 1996 (as amended) ("The
WR Act"), to the extent that The WR Act can or does apply to that Dispute,
[employer] and/or [union].
5. Grievance
Resolution
5.1 A Grievance is a
complaint raised by an employee regarding a perceived or actual wrong that
causes resentment and is grounds for action.
The grievance may be related to personnel procedures, interpersonal
conflicts, or any other work related matter.
If the grievance is of an industrial nature, then it will be addressed
in accordance with the dispute resolution procedure at Clause 6.
5.2 All Grievances
are to be resolved in accordance with the Grievance Policy and Procedure
(Hrg1), with the exception of those grievances of an industrial nature, or
those covered by the specific procedures contained in the EnergyAustralia EEO,
Anti-discrimination and Harassment Prevention Policy.
6. Disputes
Resolution
6.1 A Dispute is a
formal disagreement between the Parties which involves more than one employee
and concerns a general workplace issue, practice or procedure arising from this
Agreement, which extends beyond an individual grievance or claim.
6.2 The Parties
accept that the following general principles will be observed when it is
necessary to rely on these dispute resolution procedures:
The use of unilateral action is equivalent to one party
seeking to impose its will on the other.
Every attempt must be made to resolve matters within
EnergyAustralia.
Only as a last resort should reference to external
agencies be considered.
6.3 Any dispute
shall be dealt with as follows:
6.3.1 The first point
of contact shall be the supervisor of the affected employee(s) who will deal
with the matter within two (2) working days.
6.3.2 If not resolved
at 6.3.1 above, the matter will be considered by the employee(s), employee(s)’s
local union delegate/organiser and the local Manager concerned. The matter will be dealt with as soon as
possible, but no more than two (2) working days after the initial contact.
6.3.3 If the matter is
unable to be resolved under 6.3.1 and 6.3.2 above, then it will be referred to
the Division’s Employee Relations/Human Resources Manager and the appropriate
Union Official. The matter will be
dealt with as soon as possible, but no more than two (2) working days after
initial contact.
6.3.4 If the matter is
unable to be resolved under 6.3.3 above, a conference will be arranged between
EnergyAustralia’s Manager Industrial Relations/ Group Manager Human Resources
and representatives of the union concerned to discuss the matter and endeavour
to achieve a settlement. Such
conference will take place within two (2) working days after 6.3.3 above.
6.3.5 In the event of
failure to resolve a matter by the appropriate steps as set out above and where
the Parties are unable to agree, there shall be a ‘cooling-off’ period of 72
hours, excluding weekends and Agreement/Public Holidays, to enable the Parties
to re-assess their respective positions.
6.3.6 If the dispute
remains unresolved, a party to the dispute can seek to have the matter resolved
by the New South Wales Industrial Relations Commission in accordance with the
Referral Agreement (at Clause 4) under section 146A of the Industrial Relations
Act 1996.
6.3.7 During the course
of the above procedures the status quo will be maintained by both parties, and
without prejudice to either party, work shall continue in the manner it was
carried out prior to the dispute arising.
6.3.8 At each stage of
the resolution process the Parties will attempt as much as possible to reach
agreement on the further process to be followed.
7. Consultation
7.1 The term
‘consultation’ is understood as a process of seeking information, seeking
advice, exchanging views and information, and taking the views and information
into consideration before making a decision.
7.2 All proposals
for change which affect employees will be discussed between the Parties before
final decisions are made. In this way,
the genuine concerns of employees will be taken into consideration in the
planning process. The Parties will
provide each other with the information they need to enable them to participate
in any discussions.
7.3 The Parties will
consult before deciding to reduce the size of the workforce. Those discussions will include exploring
alternatives, which may assist employees to continue in equivalent employment
while achieving the necessary structural adjustments.
7.4 The commitment
to consultation for change necessarily encompasses a high level of information
exchange and sharing information. The
Parties therefore agree to maintain the confidentiality of commercially
sensitive information at all times.
7.5 The Parties may
communicate jointly with the employees about major issues and achievements,
which affect the workplace. They will
not unjustly criticise each other or seek to publicly denigrate the views of
the other.
7.6 Peak
Consultative Committee ("PCC")
7.6.1 Where a party to
the Agreement determines a specific business need has arisen, an issue-specific
Peak Consultative Committee will be established comprising the relevant Senior
Executives, Managers of Divisions, Union Officials and Employee representatives
elected from the respective Divisional Workplace Consultative Committees, to
consult with respect to the specific issue(s).
7.6.2 These meetings
will have organisational change and workplace reform as the primary focus.
7.6.3 If a matter
raised at the PCC is under consideration at another Committee, it may be noted
at the PCC; however, matters more appropriately dealt with at another Committee
will not be dealt with at the PCC (including but not limited to Occupational
Health and Safety matters, and Contracting Out).
7.6.4 The PCC shall
meet on an as need basis; however, members of the PCC shall be afforded a
minimum of one (1) weeks notice of any proposed meeting.
7.6.5 The PCC shall
have an independent Chair and members shall participate in appropriate training
to fulfil their duties.
7.7 Divisional
Consultative Committees ("DCC")
7.7.1 Where the
Divisional Executive General Manager or designated representative determines,
or when a business need arises, an issue-specific Divisional Consultative
Committee will be established, comprising senior executives and managers of the
Division, and a number of employees elected by their peers to represent the
main occupations and classifications of the Division to consult, with respect
to the specific issue(s).
7.7.2 At a minimum,
meetings are to be convened every second month, or as noted at 7.4.1.
7.7.3 Other management
representatives and union officials are ex-officio members of these committees.
7.7.4 These meetings
will have organisational change and workplace reform specific to the Division
as the primary focus; however, matters more appropriately dealt with at already
established committee(s) will not be dealt with at the DCC.
7.7.5 Additionally, a
DCC shall act as a forum for EnergyAustralia, unions and employees to consider
contracts which have been awarded to external providers by EnergyAustralia
where the contract value exceeds $350,000.
Contracts worth less than $350,000 may also be considered at the DCC in
exceptional circumstances. This
function of the DCC is to confirm that EnergyAustralia’s proposed processes for
the contracting out of work pursuant to Clause 8, Outsourcing/Contracting Out,
of this Agreement are adequate.
7.7.6 The Parties agree
to devise and adhere to a DCC Charter for each DCC.
8.
Outsourcing/Contracting Out
8.1 In circumstances
where EnergyAustralia is examining outsourcing or contracting out of work
activities:
8.1.1 It will advise
the employees and their union(s) and provide them with at least 28 days notice
to respond with suitable proposals about possible alternative arrangements to
outsourcing or contracting out;
8.1.2 Prior to
expressions of interest or tenders being called, where employee generated
alternatives are received, such alternatives will be considered;
8.1.3 If it is
subsequently determined that expressions of interest or tenders are to be
invited, EnergyAustralia will provide the union(s) with a copy of the document
which has been prepared.
8.1.4 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.
8.1.5 If an employee
generated conforming expression of interest or tender is submitted, it shall be
evaluated together with external submissions received.
8.2 Work will only
be outsourced or contracted out when it can be demonstrated that either;
8.2.1 insufficient
overall resources are available to meet the current EnergyAustralia overall
work commitment and work timetable, or
8.2.2 the failure to
complete the work in a reasonable time would jeopardise the safety of the
public or impact adversely upon system performance, or
8.2.3 the use of
outsourcing or contracting out the work is commercially the most advantageous
option taking into account quality, safety, performance, cost and the overall
strategic direction of EnergyAustralia.
8.3 When a decision
is made by EnergyAustralia to outsource/contract out work not already
outsourced or contracted out, or in a review of existing contracts,
EnergyAustralia will only award a contract to a contractor that demonstrates it
has established appropriate industrial relations policies and practices and
that it complies with industry safety standards, environmental standards and
quality standards.
8.4 In evaluation of
conforming expressions of interest or tenders, any comparisons will be made on
a basis discounting any overheads that would continue even if the work was
outsourced or contracted out. Such
overheads would typically include tendering costs, contact administration,
contract supervision and the cost of any redundancies which may arise as a
result of the decision to outsource or contract out.
8.5 In the event
that it is determined to outsource or contract out work, affected employees
will have access to the full range of options available under the
EnergyAustralia policies which apply at the time, including training and/or
retraining.
9. Occupational
Health and Safety
9.1 For the purpose
of the clause, the following definitions shall apply:
9.1.1 A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
9.1.2 A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
9.2 Where
EnergyAustralia engages a labour hire business and/or a contract business to
perform work wholly or partially on EnergyAustralia’s premises, EnergyAustralia
shall do the following (either directly or through the agency of the labour
hire or contract business):
9.2.1 Consult with employees
of the labour hire business and/or contract business regarding the workplace
occupational health and safety consultative arrangements;
9.2.2 Provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
9.2.3 Provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
9.2.4 Ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
9.3 Nothing in this
clause is intended to affect or detract from any obligation or responsibility
upon a labour hire business arising under the Occupational Health and Safety
Act 2000 or the Workplace Injury Management and Workers’ Compensation Act 1998.
9.4 Disputes
regarding the Application of this clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
Disputes procedures contained in Clause 6.
10. Training
10.1 Skill development
and continuous learning is a critical foundation for the continued success of
the organisation.
10.2 Changes to an
employee’s work shall not justify an increase in pay unless the change in the
work constitutes such a significant net addition to the work requirements that
it warrants creation of or advancement to a new classification. Changes in work value can only arise from
changes in the nature of work, the level of skill required or the level of
responsibility exercised.
10.3 Whether or not a
job warrants re-classification shall be determined by the Head Office Manager
of Job Evaluation in consultation with relevant parties.
10.4 Where it is
determined that the job warrants re-classification the evaluation will be carried
out by a properly constituted job evaluation committee. A properly constituted job evaluation
committee shall comprise one union representative, a management representative
and the Job Evaluation Administrator.
10.5 Competency/Skills-based
classification structures will be progressively developed and refined, in line
with work and job design, which recognises organisational and employee needs.
However, the Parties agree there will be no further
claims for skills structure reviews with work-value related effect, in
recognition of having undertaken thorough reviews in recent years.
10.6 Skill Structure
reviews currently being undertaken (and not concluded on execution of this
Agreement) will be completed during the life of this Agreement, limited to:
10.6.1 Engineering
Officers;
10.6.2 Low Voltage
Customer Service Technicians - Customer Supply;
10.6.3 Technician
(Workshops).
10.7 All
Competency/Skill-based classification structures will:
10.7.1 provide the basis
for pay and progression linked to the acquisition and use of skills within the
scope of the classification;
10.7.2 enhance the
opportunities for workplace flexibility,
10.7.3 meet the needs of
the organisation,
10.7.4 address the joint
requirements of improved productivity, quality and performance, and development
opportunities for individuals.
10.8 It is recognised
that skill and learning differences between specific work areas or locations
will exist despite organisation wide requirements for fairness and employee
mobility.
10.9 Supporting
Mechanisms
10.9.1 To support the
competency/skills-based classification structures, employees may be given the
opportunity to become skilled in:
10.9.1.1 Workplace
Training (the delivery of workplace training);
10.9.1.2 Skill
Module Development (the design of competency-based modules);
10.9.1.3 Workplace
Assessment (the assessment of competency against agreed competency standards); and
10.9.1.4 Reading,
writing, numeracy and spoken communication.
10.9.2 The identification
of competency/skill development requirements will be assisted by
EnergyAustralia’s performance development system.
10.10 Learning Time
10.10.1 On and
off the job learning opportunities will be available to employees to meet the
training needs of the organisation.
10.10.2 Wherever
practicable, this will take place in normal working time.
10.10.3 Where
learning and skill development takes place out of hours, employee family
commitments will be taken into consideration.
10.10.4 Payments
for learning undertaken outside normal hours will be determined on a case by
case basis, prior to commencement of the program. However, when it is agreed, where such training is linked to a
competency/skills based structure, payments will be made at the rate agreed
between the Parties, not to be less than ordinary rates.
10.10.5 Penalty
rates shall apply to all management-directed and/or regulatory training that
occurs outside normal working hours.
11. Wages &
Salaries
11.1 From 19 December
2008 employees covered by this Agreement as classified in Appendices 3, 4, 5
and 6 are to be paid the appropriate wage or salary according to their approved
pay point as per Appendix 1.
11.2 From 19 December
2009 wage or salary for employees covered by this Agreement as classified in
Appendices 3, 4, 5 and 6, are to be paid the appropriate wage or salary
according to their approved pay point as per Appendix 1.
11.3 The rates of pay
set out in Appendices 1 include an "EnergyAustralia Allowance". This
is set at:
$44.97 per week from 19 December 2008;
$46.54 per week from 19 December 2009.
The payment of such allowance is to take into account
the performance of work in relation to heat, height, dirty work, work in
confined spaces; work subject to climatic conditions; subject to the lack of
the usual amenities and facilities; subject to directions for alterations and
variation of starting and/or finishing locations; subject to direction for
availability for emergency work outside of ordinary working hours to ensure
continuity and for availability for supply; subject to requirements to complete
proficiency tests and subject to changes in the system of working.
12. Method of Payment
12.1 Employees shall
be paid by direct transfer to a maximum of five major financial institutions,
with a registered BSB number.
12.2 Employees shall
be paid weekly.
13. Allowances
13.1 Electrician’s
Licence Allowance
Paid to employees who are appointed as tradespeople to
positions agreed with the Secretary of the ETU and who hold a current NSW
Electrician’s Licence. The allowance is also payable to employees who were
appointed to certain positions prior to 10 December 1981, whether or not they
hold an electrician’s licence. Paid for
all purposes. This allowance shall be
payable in accordance with the conditions applicable to and as prescribed by
the Electricians & C. (State) Award as varied from time to time (Appendix
D, Allowances, Item No. 28).
13.2 Electrical Safety
Rules and Skills Allowance
Paid to employees appointed to electrical positions as
agreed by the Secretary of the ETU who have passed a test of their knowledge of
the rules and who are required to work or supervise or direct work in
accordance with those rules. The
allowance is also payable to employees who were appointed to certain positions
prior to 22 December 1981. Employees
will be required to undergo refresher training. Effective on and from 19 December 2000, apprentice electricians
are paid the allowance from the date they complete the Electrical Safety Rules
Test. Paid for all purposes. (Appendix
D, Allowances, Item No. 25).
13.2.1 Employees in trade
classifications (as defined) other than electrician are entitled to 80% of the
Electrical Safety Rules Allowance paid to electricians. (Appendix D,
Allowances, Item No. 27) .
13.2.2 Pro-rata Safety
Rules Allowance paid to Electricity Supply Operatives who have passed an
abridged version of the Safety Rules Test.
This allowance is calculated at 60% of the Electrical Safety Rules
Allowance. To be known as Safety Rules
Electricity Operative Allowance (Appendix D, Allowances, Item No. 26).
13.3 Plumber’s
Registration Allowance is paid to an employee who is required to hold a
Certificate of Registration in the course of employment. Paid for all purposes. (Appendix D, Allowances, Item No. 29).
13.4 Employees, other
than shift workers, in a continuous process, when in charge of depot, office or
telephone during a meal break shall be paid the extra rate set out in (Appendix
D, Extra Rates, Item No. 13).
13.5 An employee
appointed to a salaried position who is certified by the relevant Executive
General Manager as qualified and competent to carry out the full range of
cashiering, customer inquiry and customer advisory work and working in a
Customer Service Centre other than in the EnergyAustralia Head Office building
shall be paid the extra rate set out in (Appendix D, Extra Rates, Item No.
15). Provided that the provisions of
this paragraph shall not apply to an employee who has been appointed to carry
out higher-grade duties in a Customer Service Centre.
13.6 Employees who are
required to use materials containing asbestos or to work in close proximity to
employees using such material shall be paid the amount in (Appendix D, Extra
Rates, Item No. 16). This is paid for
the disability of wearing protective gear.
13.7 Employees who are
engaged in removing asbestos or any method of sealing asbestos shall be paid
the amount in (Appendix D, Extra Rates, Item No. 17). This is paid for the disability of wearing protective gear.
13.8 Pneumatic machine
tool workers in charge of an air-compressor shall be paid the extra rate set
out in (Appendix D, Extra Rates, Item No. 18).
13.9 Employees engaged
on unusually dirty work or work of a particularly offensive nature shall be
paid the extra rate set out in (Appendix D, Extra Rates, Item No. 20).
13.10 Employees, other
than shift workers, in a continuous process, when in charge of plant during a
meal break shall be paid the extra rate set out in (Appendix D, Extra Rates,
Item No. 14).
13.11 Employees who are
accredited as an interpreter with the National Accreditation Authority for
Translators and Interpreters (NAATI) and are nominated to be paid a Community
Language Allowance because they are frequently called on to act as interpreters
shall be paid the amount in (Appendix D, Extra Rates, Item No. 22).
13.12 Employees engaged
in handling silicate of cotton, slag wool, insulwool or other similar loose
material shall be paid the amount in (Appendix D, Extra Rates, Item No.
19). This is paid for the disability of
wearing protective gear.
13.13 Employees
appointed to trades positions and engaged in bricklaying, carpentry, painting,
plastering, plumbing and sign writing who are required to supply and maintain
their own tools of trade shall be paid the tool allowance prescribed from time
to time in the appropriate State Award (Appendix D, Extra Rates Item No. 30,
31, 32).
13.14 Employees engaged
on any chokage and who are required to open any soil pipe, waste pipe or drain
pipe conveying offensive material shall be paid the amount prescribed from time
to time in the Plumbers and Gas Fitters (State) Award.
13.15 Ex-Orion Energy
employees who are not provided with tools and are required to provide their own
tools shall be paid the amount in (Appendix D, Allowances, Item No. 11).
13.16 Sustenance
Allowance
Where an employee is required to work at a location
which is not their usual place of work and are required to stay overnight, and
when arrangements have not been made for accommodation, meals and/or general
out of pocket expenses paid in advance by EnergyAustralia then the employee
shall be paid the sustenance allowance rate outlined in (Appendix D, Extra
Rates, Item No. 23). Application of
this clause will be provided to the employee in writing prior to the employee
being required to work at a location that is not their usual place of work,
including an overnight stay.
14. Productivity and
Work Practice Development
14.1 Productivity and
work practice development is the foundation of EnergyAustralia continuing to be
a safe workplace and reliable supplier to our customers.
14.2 EnergyAustralia,
its employees and the Unions party to this Agreement (refer Sub-clause 2.1)
understand that the adoption of new technology and regular review of work
processes and, when identified, the removal of inefficient or redundant
activities constitutes a vital element in improving EnergyAustralia’s business
objectives and are committed to seeking continuous improvement in all that we
do.
14.3 EnergyAustralia,
its employees and the Unions party to this Agreement undertake to achieve
Australia’s best practice and business success through increased productivity
measured in terms of safety, timely completion of work, quality and cost.
14.4 The following are
provided as examples of the type of changes required and is not an exhaustive
list; the Parties anticipate including more as the process progresses.
Introduction of new technology
Management of excess annual leave balances, generally
an accumulation of annual leave beyond a maximum of 40 or 50 days depending on
day/shift work
Purchase of additional annual leave
Harmonisation of work activities to ensure maximum
utilisation of permanent staff by the abolition of inter-trade barriers between
skill groupings
Expand limited operating and ensure use of existing
limited operating for appropriate classifications and employees
Contract tree trimmers to undertake their own earthing
(require appropriate qualifications)
Review of all jobs and tasks to ensure best practice
(no set number of tasks per day etc)
Authorised Service Providers to replace service wires
after storms (where EnergyAustralia staff are unavailable due to other
emergency work to assist EnergyAustralia to restore supply to its customers)
Ensure adherence to safe work method statements
Revision of supplementary pay points for clerical and
administrative employees
Introduction of a new Admin / Clerical / Customer
Service Representatives SR Classification definitions and structure
The Parties acknowledge the existence of an electrical
working group established by COAG through ENA to develop common electrical work
practices throughout Australia and agree, where practicable, to implement into
EnergyAustralia the ENA electrical working group’s recommendations.
14.5 Proposals for
Change
14.5.1 EnergyAustralia
will develop initial proposals for change.
14.5.2 The Parties to the
Agreement will further develop the initial proposals for change.
14.5.3 Employees/Unions
that may be impacted on by the proposals for change will be consulted and will
be able to provide input on how any changes may be implemented.
14.5.4 Following
consultation the Parties may determine that a trial of the proposals for change
is appropriate to ensure compliance with Sub-clause 14.1; the nature of the
trial will be determined by the Parties to the Agreement.
14.6 If there is any
dispute during the abovementioned process then the Parties agree to resolve the
dispute through the resolution procedure at Clause 6.
15. Hours of Work
15.1 Ordinary Hours
The Parties agree that it is essential that sufficient
employees be scheduled on to meet the business and customer service
requirements in each workplace.
Therefore, the hours of work will be scheduled after taking into
consideration:
15.1.1 The provision of
service;
15.1.2 The work of the
branch, section or team; and
15.1.3 The personal
circumstances of the employees, including parental responsibilities.
The hours of work for individual employees including
start and finish times will be determined by agreement only after consultation
with their manager which will take into account 15.1.1, 15.1.2 and 15.1.3
above. Individual schedules will not be
altered so often that would be disruptive to the work organisation and
employee’s home lives. If it is proposed
that the ordinary hours extend beyond eight (8) hours per day or 1800 hours or
on a weekend, the relevant union will be invited to participate in the
consultations. In all other
circumstances the union will be notified and will be involved if requested by
the employees.
15.2 Maximum Hours to
be Worked
Full time employees will not be required to work in
excess of 72 hours in any fortnight, except as overtime.
Employees will not be required to work in excess of 12
hours a day without receiving overtime in terms of Clause 17 Overtime.
15.3 Span of Hours
The span of hours shall be 0600 hours to 1800
hours. Employees shall be available for
work between these hours by mutual agreement.
The span of hours can be adjusted by mutual agreement,
with the relevant union(s) and employees, to accommodate summer time
arrangements, by means of a local workplace flexibility agreement.
15.4 Normal Working
Week
The normal method of scheduling hours will provide for
a nine day fortnight. This may be
departed from where the local manager and the majority of employees affected
agree and their union has been consulted.
Alternative patterns of work may include patterns such as 12 hour
day/six day fortnight, nine hour day/eight day fortnight, etc.
15.5 Flexibility
The scheduled start and finish times and duration of
the working day can be altered on a casual basis by agreement between the
employee and his/her manager to meet unforeseen changes in the workflow or to
meet the personal needs of the employee.
A written record of these casual arrangements must be kept by the
Manager and a copy forwarded to the union.
In these cases, the total ordinary hours should not
exceed 72 over two weeks. Also, in
these cases, work in excess of 12 hours per day or after 1800 hours, or on a
Saturday, Sunday or Agreement/Public Holiday will still attract the appropriate
penalty rates.
15.6 This clause
applies except in the case of flexible part-time employees or where a Local
Workplace Flexibility Agreement is in place.
16. Shift Work
16.1 Definitions
16.1.1 "Shift
Work" - work which is rostered outside the normal spread of hours and
which provides for two or more shifts on a day and which requires employees to
rotate or alternate in working the shifts.
16.1.2 "Shift
Worker" is an employee who works shifts.
An employee does not cease to be a shift worker during a period of leave
for the purposes of determining accrued leave entitlements, pursuant to Clause
26.
16.1.3 "Afternoon
Shift" is a shift finishing between 1800 and 2400 hours.
16.1.4 "Early
Morning Shift" is a shift commencing between 0500 and before 0630 hours.
16.1.5 "Seven Day
Shift workers" are shift workers who are rostered to work on each day of
the week. Seven Day Shift workers are
paid the rates in Appendix 1C.
16.1.6 "Night
Shift" is a shift finishing between 2400 and 0800 hours.
16.2 Shift workers
shall be paid the extra rates in Appendix 1D, Extra Rates, Items 3, 4 and
5. Extra rates are made on a pro rata
basis for rostered shifts greater than eight hours (e.g. a nine (9) hour
rostered shift receives 1.125 times the extra rate, a 12 hour rostered shift
receives 1.5 times the extra rate).
16.3 Penalty Rates
shall be paid for shift work on Saturdays, Sundays and Agreement/ Public
Holidays.
Penalty rates for all time worked during an ordinary
shift on:
16.3.1 Saturday - Time
and one half of the shift hours,
16.3.2 Sunday - Double
Time, and
16.3.3 Agreement/Public
Holiday - Double Time and an ordinary day’s pay.
16.4 Change of Roster
16.4.1 Shift workers
should normally be given at least five (5) days’ notice of a change of shift or
a change of roster. Where this is not
possible the employee will be paid double time for the first shift after the
change.
16.4.2 Where an employee
is given less than five (5) days’ notice of a change of shift or roster and the
change results in the employee working additional shifts, then the employee
shall be allowed an equal amount of time off at a mutually agreed time. If it is not practical for the employee to
be allowed time off within four (4) weeks, the employee shall be paid for the
extra shifts at double time.
16.4.3 The provisions in
16.4.1 and 16.4.2 above do not apply to employees who are classified as relief
shift workers.
16.5 Day workers who
are required to work shifts
16.5.1 Day workers may be
required to work shifts.
16.5.2 Day workers who
are required to work shifts shall be paid not less than an additional 30 per
cent for the first ten (10) afternoon and/or night shifts in lieu of the shift
allowance. The shift allowance is still
payable where the shifts occur on a Saturday, Sunday or Agreement/Public
Holiday.
16.5.3 After working ten
(10) consecutively rostered afternoon and/or night shifts, unbroken by a return
to normal day work, an employee shall be deemed to be a shift worker.
16.5.4 The additional
payments in Sub-clause 16.5.2 do not apply where a day worker is appointed to
shift work at the employee’s own request, or as a result of having applied for
and obtained a permanent position involving shift work.
16.6 "Continuous
Afternoon or Night Work" is work that is performed continuously in the
afternoon or night. A person working
continuous afternoon or night work is not considered to be a shift worker as
defined above at 16.1.2.
16.6.1 A day worker who
is required to commence working continuous afternoon or night work shall be
paid for the first five (5) shifts at time and a half or at the rate otherwise
provided in this Agreement, whichever is the greater. These shifts may be organised so that an employee receives at
least a full week’s pay.
16.6.2 After working five
(5) consecutively rostered continuous afternoon or night shifts, unbroken by a
return to normal day work, the employee is deemed to be a continuous afternoon
or night worker.
16.6.3 An employee
engaged on continuous afternoon work or continuous night work as defined in
this Agreement, who works on:
16.6.3.1 any day
other than an Agreement/Public Holiday shall be paid ordinary rates plus 30%
for all time worked;
16.6.3.2 an
Agreement/Public Holiday shall be paid ordinary rates plus 30% for all time
worked in addition to an ordinary day’s pay.
16.6.4 The additional
payments in Sub-clause 16.6.1 do not apply where a day worker is appointed to
shift work at the employee’s own request, or as a result of having applied for
and obtained a permanent position involving shift work.
16.7 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
17. Overtime
17.1 Subject to
Sub-clause 17.2, EnergyAustralia may require an employee to work reasonable
overtime at overtime rates.
17.2 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable having regard
to:
17.2.1 any risk to the
employees’ health and safety
17.2.2 the employee’s
personal circumstances including any family responsibilities
17.2.3 the needs of the
workplace
17.2.4 the notice (if
any) given by EnergyAustralia of the overtime and by the employee of his or her
intention to refuse it, and
17.2.5 any other relevant
matter.
17.3 All time worked
in excess of the scheduled ordinary hours shall be overtime unless the employee
and the manager have altered them by agreement on a casual basis in accordance
with Sub-clause 15.1 Hours of Work.
17.4 All time worked
outside the period 0600 - 1800 hours Monday to Friday shall be overtime unless
the majority of employees and their manager have entered into a Local Workplace
Flexibility Agreement which complies with Clause 24 Local Workplace
Flexibility.
17.5 All overtime
which commences between midnight Sunday and midday Saturday shall be paid at
time and a half for the first two (2) hours and double time thereafter.
17.6 All overtime
which commences between midday Saturday and midnight Sunday shall be paid at
double time.
17.7 All overtime
which commences on an Agreement/Public Holiday is paid at double time and a
half until the employee finishes:
17.7.1 In the case of day
workers, all work done on an Agreement/Public Holiday during the time which
would have been the employee’s normal working time is paid at triple time.
17.8 All overtime
worked by shift workers on a day on which they are rostered off shall be paid
at double time until released from duty. Shift workers are not entitled to
overtime as a result of changed shifts which they organise amongst themselves.
17.9 No payment will
be made for unauthorised overtime.
17.10 Where overtime is
necessary, whenever possible it shall be organised so that employees shall have
at least ten (10) consecutive hours off duty.
If so much overtime is worked that an employee cannot take a ten (10)
consecutive hour break before the normal commencement time, they shall be
entitled to time off without loss of normal pay until they have had a ten (10)
consecutive hour break. If a ten (10)
hour break is not given then the employee is paid double time for all hours
worked until a ten (10) consecutive hour break is taken.
17.11 An employee, who
is recalled to work overtime and is not On Call, as provided in Clause 18 On
Call, shall be paid for a minimum of four (4) hours at the appropriate overtime
rate.
17.11.1 The
payment for an employee who is recalled to work overtime commences from the
time the employee receives the call and continues until the employee arrives
home.
17.11.2 Except
in the case of unforeseen circumstances arising, the employee shall not be
required to work the full four (4) hours if the job to which the employee was
recalled, or which the employee was required to perform, is completed within a
shorter period.
17.12 If a day worker
is recalled to work overtime between the time determined by extending the
employee’s usual ceasing time on the previous day by eight (8) hours and 0400
hours, the employee’s normal starting time the next day shall be put back by
the number of hours worked between those times or paid at double time for the
number of hours worked between those times.
17.13 If an employee is
required to resume duty after being recalled to work overtime which exceeds
four (4) hours, whether continuous or not, before having an ten (10) hour
break, the employee shall be paid double time for all hours worked until a
break of ten (10) consecutive hours has been taken.
17.14 This clause shall
not apply to employees working in positions at Pay Point 54 or above unless
otherwise approved.
17.15 Except where
overtime is continuous (subject to a reasonable meal break) with the usual
commencing or ceasing times of either a day worker’s ordinary working hours or
a shift worker’s ordinary rostered shift on a day upon which the employee has
been rostered on, "Recalled to work overtime" means:
17.15.1 a
direction given to an employee to commence overtime work at a specified time
which is two (2) hours or more prior to either the employee’s usual or rostered
commencing time, or one (1) hour or more after the employee’s usual or rostered
ceasing time (whether notified before or after leaving the employee’s place of
work); or
17.15.2 a
notification given to an employee after completion of the employee’s day’s work
directing the employee to take up overtime work; or,
17.15.3 a
notification given to an employee whose normal hours do not include work on a
Saturday, Sunday or Agreement holiday to work on any such day; or
17.15.4 a
notification given to a shift worker to work on a rostered day off.
17.16 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
18. on Call
18.1 An employee who
is on call shall be paid the amount in Appendix 1D, Extra Rates, Item No.’s 6,
7 and 8.
18.2 An employee who
is on call for less than a whole week shall be paid one fifth (1/5th) of the
allowance for each working day (Monday - Friday) or part thereof and one
quarter (1/4) of the allowance for each Saturday, Sunday or Agreement/Public
Holiday or part thereof up to a maximum of the full allowance.
18.3 An employee who
is on call is required to be available for emergency and/or breakdown work at
all times outside the employee's usual hours of duty. Upon receiving a call for duty, the employee is to proceed
directly to the job.
18.3.1 Emergency and/or
breakdown work includes restoring supply to our customers or making equipment
safe which has failed or is likely to fail or maintenance work which is
essential to prevent a supply failure.
This includes work not only on EnergyAustralia’s equipment but also on
our customers' equipment.
18.4 Payment for a
call out shall commence from the time the employee receives a call and
continues until the employee arrives back home. Payment is at the appropriate overtime rate as detailed in
Sub-clause 18.6.
18.4.1 Employees who are
on call are not confined to their homes but they must be reasonably available
so that they would not be delayed by more than 15 minutes in addition to the
time it would normally take to travel from their homes to the place where the
work is to be performed. Any delays in
excess of 15 minutes will not be paid unless specifically authorised.
18.5 An employee may
be required to attend any other calls which arise prior to returning home.
18.6 Call outs are
paid at double time with a minimum one (1) hour payment. Call outs during an Agreement/Public Holiday
are paid at double time and a half with a minimum one (1) hour payment.
18.7 Employees who are
called out are entitled to a minimum of one (1) hour's pay at double time each
time they are called out.
18.8 If a day worker
is recalled to work overtime between the time determined by extending the
employee's usual ceasing time on the previous day by eight (8) hours and 0400
hours, the employee's normal starting time the next day shall be put back by
the number of hours worked between those times or paid at double time for the
number of hours worked between those times.
18.9 If an employee is
required to resume duty after a call out which exceeds four (4) hours, whether
continuous or not, before having a ten (10) hour break, the employee shall be
paid double time for all hours worked until a break of ten (10) consecutive
hours has been taken.
18.10 Normal meal break
and meal allowance provisions apply to overtime worked on call outs.
18.11 This clause shall
not apply to employees working in positions at Pay Point 54 or above unless
otherwise approved.
18.12 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
19. Standing By
19.1 This clause
applies to employees who are directed to stand by in readiness to work
overtime. It does not apply to
employees who are on call.
19.2 Employees who are
standing by shall be paid at ordinary rates from the time the employee
commences standing by until the time the employee is directed to commence
overtime or to cease standing by.
19.3 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
20. Meal Break / Meal
Allowance
20.1 Meal breaks
during ordinary hours shall be of at least a half hour duration. The actual duration and timing of the break
shall be set after considering the location and nature of the work and may be
altered from time to time in consultation with the employees concerned.
20.2 If an employee is
required to work longer than five (5) ordinary hours without a meal or work
break, they shall be paid time and a half until a meal break is taken.
20.3 Meal Breaks and
Meal Allowances are subject to the following conditions:
20.3.1 For all overtime
which commences immediately after an ordinary day's work, the employee shall be
entitled to a paid meal break of 20 minutes and a meal allowance after the
first hour and a half actually worked.
The second meal break and second meal allowance become an entitlement
after a total of four (4) hours actually worked. Every subsequent period of four (4) hours actually worked shall
entitle the employee to another meal break and meal allowance.
20.3.2 For all overtime
which commences immediately before an ordinary day's work, the employee shall
be entitled to a paid meal break of 20 minutes after each period of four (4)
hours actually worked. The employee
shall be entitled to a meal allowance after the first two (2) hours actually
worked. Another meal allowance shall
become an entitlement after a total of eight (8) hours are actually
worked. Every subsequent period of four
(4) hours actually worked shall entitle the employee to another meal allowance.
20.3.3 For all overtime
which is not continuous with an ordinary day's work, the employee shall be
entitled to a paid meal break of 20 minutes and a meal allowance after each
period of four (4) hours actually worked.
20.4 An employee may,
by mutual agreement, extend a meal break on overtime up to a total period of
one (1) hour provided that any time in excess of 20 minutes is unpaid.
20.5 Meal breaks which
occur during periods of overtime should be taken at the time they fall due
unless the employee seeks to defer the break to a later time.
20.6 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
21. Part-Time
Employment
21.1 A part-time
employee shall be paid a pro rata rate commensurate with their normal hours
worked each week.
21.2 A part-time
employee shall be entitled to all service entitlements on a pro rata basis
commensurate with their normal hours worked each week. Appropriate training will also be provided.
21.3 The Parties will
consult before introducing a new area of part-time employment.
22. Casual Employment
22.1 Casual Employees
shall be paid a loading of 20 per cent which shall be in lieu of all
entitlements provided under this Agreement including sick leave and annual
leave other than those prescribed below:
22.1.1 Long Service Leave
in accordance with the Long Service Leave Act.
22.1.2 Time and half plus
the 20 per cent loading for all hours worked in excess of eight (8) hours per
day or 72 hours per fortnight or outside the spread of hours or on a Saturday
before midday.
22.1.3 Double time plus
20 per cent for all hours worked after midday on a Saturday or on a Sunday or
an Agreement/Public Holiday.
22.1.4 Casual employees
shall be eligible for meal allowances and meal breaks as provided in Clause 20
Meal Break/Meal Allowance of this Agreement.
22.2 Provided that
casual employment will not be introduced into any new area of EnergyAustralia’s
operations without prior consultation with the relevant union or unions.
22.3 The objective of
this clause is for EnergyAustralia to take all reasonable steps to provide its
employees with secure employment by maximising the number of permanent
positions in EnergyAustralia’s workforce, in particular by ensuring that casual
employees have an opportunity to elect to become full time or part-time
employees.
22.3.1 A casual employee
engaged by EnergyAustralia on a regular and systematic basis for a sequence of
periods of employment under this Agreement during a calendar period of six (6)
months shall thereafter have the right to elect to have their ongoing contract
of employment converted to permanent full time employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this sub-clause.
22.3.2 EnergyAustralia
shall give such an employee notice in writing of the provisions of this
sub-clause within four (4) weeks of the employee having attained such period of
six (6) months. However, the employee
retains their right of election under this sub-clause if EnergyAustralia fails
to comply with this notice requirement.
22.3.3 Any casual
employee who has a right to elect under Sub-clause 22.3.1, upon receiving
notice under Sub-clause 22.3.2 or after the expiry of the time for giving such
notice, may give four (4) weeks’ notice in writing to EnergyAustralia that they
seek to elect to convert their ongoing contract of employment to full time or
part-time employment, and within four (4) weeks of receiving such notice from
the employee, EnergyAustralia shall consent to or refuse the election, but
shall not unreasonably so refuse. Where
EnergyAustralia refuses an election to convert, the reasons for doing so shall
be fully stated and discussed with the employee concerned, and a genuine
attempt shall be made to reach agreement.
Any dispute about a refusal of an election to convert an ongoing
contract of employment shall be dealt with as far as practicable and with
expedition through EnergyAustralia’s Grievance Procedure, or the Disputes
resolution procedure contained in Clause 6.
22.3.4 Any casual
employee who does not, within four (4) weeks of receiving written notice from
EnergyAustralia, elect to convert their ongoing contract of employment to full
time employment or part-time employment will be deemed to have elected against
any such conversion.
22.3.5 Once a casual
employee has elected to become and been converted to a full time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with EnergyAustralia.
22.3.6 If a casual
employee has elected to have their contract of employment converted to full
time or part-time employment in accordance with Sub-clause 22.3.3,
EnergyAustralia and the employee shall, in accordance with this paragraph, and
subject to Sub-clause 22.3.3 discuss and agree upon:
22.3.6.1 whether
the employee will convert to full time or part-time employee, and
22.3.6.2 if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this Agreement pursuant to a part-time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996
(NSW).
Provided that an employee who has worked on a full time
basis throughout the period of casual employment has the right to elect to
convert their contract of employment to full time employment and an employee
who has worked on a part-time basis during the period of casual employment has the
right to elect to convert their contract of employment to part-time employment,
on the basis of the same number of hours and times of work as previously
worked, unless other arrangements are agreed between EnergyAustralia and the
employee.
22.3.7 Following an
agreement being reached pursuant to Sub-clause 22.3.6, the employee shall
convert to full time or part-time employment.
If there is any dispute about the arrangements to apply to an employee
converting from casual employment to full time or part-time employment, it
shall be dealt with as far as practicable and with expedition through
EnergyAustralia’s Grievance Procedure, or the Disputes Resolution procedure
contained in Clause 6.
22.3.8 An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this Sub-clause.
22.3.9 Disputes regarding
the Application of this Sub-clause
22.3.9.1 Where a
dispute arises as to the application or implementation of Sub-clause 22.3, the
matter shall be dealt with pursuant to EnergyAustralia’s Grievance Procedure,
or the Disputes Resolution procedure contained in Clause 6.
23. Fixed Term
Employment
23.1 Fixed term
employees shall be paid and be entitled to all the conditions under this
Agreement which are appropriate.
23.2 A fixed term
employee does not include a casual employee.
24. Job-Sharing
24.1 Job-sharing is a
particular type of work where one or more full time positions are shared by two
or more employees to cover an agreed span of hours.
24.2 Where a full time
employee requests to convert to part-time work and their current position needs
someone on duty full time, a job-sharing arrangement may be suitable.
24.3 A job-sharer
shall be paid a pro rata rate commensurate with their normal hours worked each
week.
24.4 A job-sharer
shall be entitled to all service entitlements on a pro rata basis commensurate
with their normal hours worked each week.
Appropriate training will also be provided.
24.5 In the event that
one of the employees sharing a job either resigns or is appointed to another
position, the remaining employee will be offered the opportunity to be
appointed to the position on a full time basis.
24.6 A breakdown in an
existing job-share arrangement will not be used as an opportunity to change the
full time status of that position without full consultation with the
appropriate union(s) partner(s).
25. Local Workplace
Flexibility
25.1 This clause is
intended to provide the means by which different conditions of employment may
be provided as a result of an arrangement which is mutually agreed at the local
workplace.
25.2 This clause is
intended to apply to classifications or work groups of employees, not
individuals.
25.3 A Local Workplace
Flexibility Agreement may provide for different conditions of employment than
are provided in the following clauses:
Clause 15 Hours of Work (Span of Hours)
Clause 16 Shift Work
Clause 17 Overtime
Clause 18 On Call
Clause 19 Standing By
Clause 20 Meal Break
Clause 40 Excess Travel
25.4 A Local Workplace
Flexibility Agreement may only provide for different conditions of employment
where the following requirements have been complied with:
25.4.1 The employees are
not disadvantaged when the local workplace agreement is viewed as a whole.
25.4.2 The majority of
employees affected agree after taking all views into consideration including
the need to maintain effective working relationships.
25.4.3 The appropriate
union has been advised prior to the commencement of discussions with the
employees concerned.
25.4.4 The Local
Workplace Flexibility Agreement is not contrary to any law and does not
jeopardise safety.
25.4.5 The Local
Workplace Flexibility Agreement will improve efficiency and/or customer service
and/or job satisfaction.
25.4.6 Local Workplace Flexibility
Agreements shall be signed by the manager of the EnergyAustralia business unit,
the relevant union, and a representative of Unions NSW. Where more than one (1) union has coverage
of the position affected by the Local Workplace Flexibility Agreement then the
unions with coverage and Unions NSW will be signatories to the Agreement.
25.4.7 Managers shall
give fair consideration to requests from staff for flexible work arrangements
and ensure that work arrangements do not discriminate or work against
particular employees.
25.5 Individual
employees may opt out of a local workplace agreement if its operation will
cause him/her genuine personal or family hardship and they can do so without
disrupting the pattern of work or inconvenience customers. Transfer to another equivalent position will
be considered in these circumstances.
26. Annual Leave
26.1 Employees,
excluding shift workers, shall accumulate 144 hours of annual leave in each
complete year of service.
26.2 This leave will
be approved by EnergyAustralia provided that adequate employees are available
to meet the needs of the organisation.
26.3 Annual leave may
be taken in any combination of separate periods. These should be taken in whole days.
26.4 Payment for
annual leave shall be at the ordinary rate of pay. See Clause 43 Higher Grade Pay in relation to Higher Grade Pay.
26.5 Employees may be
allowed to take a period of annual leave in advance of its accrual, subject to
approval. Where their employment
subsequently terminates before the leave has accrued on a pro rata basis,
EnergyAustralia may deduct any pre-payment from their termination pay.
26.6 Any
Agreement/Public Holidays which occur during annual leave shall not be deducted
from annual leave entitlements.
26.7 Rostered days off
do not accrue during periods of annual leave.
26.8 Seven Day Shift
workers shall accumulate 200 hours of annual leave in each complete year of
service. Other shift workers shall
accumulate 160 hours of annual leave in each complete year of service.
26.9 Employees who
have worked as Seven Day Shift workers for part of a year shall receive a pro
rata entitlement to additional annual leave.
26.10 When an employee
ceases employment for any reason, they shall be paid for any annual leave which
has not yet been taken for each completed year of service. The employee shall also be paid a pro rata
amount for any leave which has not been taken for any partly completed year of
service. Payment for all outstanding
annual leave shall be at the ordinary rate which applied at the time employment
ceased. (See Clause 43 in relation to
Higher Grade Pay).
26.11 Employees shall
not commence annual leave whilst on sick leave or accident leave.
26.12 All annual leave
is paid at the employee’s ordinary rate of pay which includes, all purpose
allowances as defined and Higher Grade Pay where applicable (See Clause 43
Higher Grade Pay). Shift workers are
paid for their annual leave at their ordinary rate inclusive of shift allowances
or receive an annualised holiday loading paid at 1.65% each week, whichever is
the greater.
26.13 Employees may use
single days of annual leave to look after sick relatives or deal with
emergencies. In these circumstances,
the employee should provide his/her manager with as much notice as possible
before the scheduled start of work.
26.14 Where an employee
has an annual leave balance in excess of 40 days for a day worker or 50 days
for a shift worker, the employee and manager will develop a plan to reduce the
annual leave balance to less than 40 or 50 days respectively.
27. Sick Leave
27.1 Employees are
entitled to access paid sick leave when their personal illness or injury
prevents them from attending their workplace.
27.2 Visits to a
doctor or dentist during the employee's normal working hours and any other part
day absences will be debited against the employee's sick leave entitlements.
27.3 Sick leave will
not be paid where the absence arises from participation in any activity where
the employee is paid by other than EnergyAustralia.
27.4 In determining an
employee's total sick leave credit, service with an organisation which has
merged with EnergyAustralia will be taken into account.
27.5 Where an employee
has exhausted their entitlement to paid sick leave, additional leave with pay
may be granted if the circumstances warrant it.
27.6 Where an employee
has exhausted their entitlement to paid sick leave, and is granted leave
without pay, that period may or may not count as service as determined by
EnergyAustralia.
27.7 After three
months an employee is entitled to 24 hours sick leave.
After a total of six months an employee is entitled to
an additional 32 hours.
After a total of 12 months an employee is entitled to
an additional 64 hours.
After a total of 18 months an employee is entitled to
an additional 48 hours.
After a total of 24 months an employee is entitled to
an additional 72 hours.
After a total of 36 months an employee is entitled to
an additional 120 hours
After a total of 48 months an employee is entitled to
an additional 120 hours.
After a total of 60 months an employee is entitled to
an additional 144 hours.
After every 12 months thereafter an employee is
entitled to an additional 144 hours.
Any untaken portion of the entitlement shall accumulate
for use in future years.
27.8 An employee who
is diagnosed as being so sick that they are not expected to ever be fit for
normal duties shall be "Retired-Ill Health". The date of retirement will normally be the
date that their sick leave entitlements are exhausted. However, the employee will have the option
to take a lump sum payment for sick leave in accordance with Clause 39 Cashing
in Sick Leave and retire after any sick leave which accrued after 15 February
1993 has been exhausted. No additional
sick leave entitlements will accrue from the date the diagnosis is made.
27.9 If an employee
provides medical evidence that they were injured or sick whilst on annual leave
or long service leave to such an extent that they were unable to derive benefit
from the leave, then the period of leave which is affected will be re-credited
provided it is at least of five (5) consecutive working days duration.
27.10 Agreement/Public
Holidays and RDOs which occur during periods of sick leave are not counted as
sick leave.
27.11 Subject to
Sub-clause 27.12 below, a certificate from a medical practitioner is required
for all claims for sick pay which exceed two (2) working days. However, where the relevant manager
considers an employee's sick leave record to be unsatisfactory, the employee
may be required to produce a medical certificate to cover all absences for the
next 12 months.
27.12 Claims for sick
leave and/or pay not covered by a medical certificate shall not be made more
frequently in any year of service than:
in the case of employees with less than one (1) years
service, a medical certificate is required for all occasions where a claim for
paid sick leave is made;
in the case of employees with one (1) year but less
than five (5) years service - four (4)
occasions in a service year.
In the case of employees with five (5) years or more
service - seven (7) occasions in a service year.
27.13 Paid sick leave
will not be available for absences on either the last working day before, or
the first working day after, an Agreement/Public Holiday provided for in Clause
35, annual leave or long service leave, unless a medical certificate is
provided.
27.14 A medical
certificate should include the following information:
Name of employee
Name of doctor and signature
Reason for absence *
Period during which the employee is unfit for work, and
Date of issue.
*While it is reasonable for EnergyAustralia to ask the
reason for an absence, the employee and treating doctor can decide how much
detail is provided.
27.15 Where an employee
is required to obtain a medical certificate it should be obtained during the
period of absence on sick leave and not be obtained retrospectively. This requirement may be waived in
extenuating circumstances.
27.16 Part day absences
shall be debited against the employee's sick leave entitlement.
27.17 Employees will
make reasonable efforts to notify their supervisor as close to the normal start
time as practical if they are going to be absent on sick leave.
27.18 If there is any
dispute about a doctor's diagnosis in relation to sick leave, a second opinion
may be obtained from another doctor jointly selected by the Parties. This second opinion will be deemed to settle
the dispute. Any cost for obtaining the
second opinion will be paid by the party that the decision goes against.
28. Long Service
Leave
28.1 Long Service
Leave shall accrue according to the following scale:
After ten years service 13
weeks
After 15 years service Additional
8½ weeks
After 20 years service Additional
13½ weeks
After each additional five years service Additional 13 weeks
28.2 All long service
leave is paid at the employee’s ordinary rate of pay as defined.
28.3 An employee who
has completed five years service and less than ten years service with
EnergyAustralia and whose employment terminates for any reason other than
misconduct, shall be entitled to payment of 1.3 week’s pay for each year of
service and pro rata for partly completed years to the nearest day.
28.4 An employee who
has completed ten or more years service with EnergyAustralia whose employment
terminates for any reason other than misconduct, shall be entitled to the
following pro rata long service leave, minus any periods of long service leave
already taken:
Ten years service 13
weeks
Between 10 and 15 years service 1.7 weeks per year
Between 15 and 20 years service 2.7 weeks per year
After 20 years service 2.6
weeks per year
Pro rata amounts will be paid for partly completed
years to the nearest day.
28.5 Employees who
have continuity of service with an organisation which merged with
EnergyAustralia or whose service with a previous employing organisation is
recognised by EnergyAustralia for long service leave purposes, will have that
service and any periods of long service leave taken into consideration in
calculating their entitlement in terms of Clause 38, Calculation of Service.
28.6 Employees shall
not commence long service leave whilst on sick or accident leave.
28.7 Employees shall
give at least four weeks notice of their intention to take long service
leave. Shorter notice may be agreed,
subject to work requirements.
28.8 Long service
leave may be taken at half pay. All
long service leave will be taken in amounts no less than one day.
29. Accident Leave
and Pay
29.1 "Accident
Pay" means an amount of pay equal to the difference between the amount of
workers’ compensation received and the ordinary rate of pay.
29.2 Where an employee
has been injured in the course of employment at EnergyAustralia, they shall be
paid Accident Pay and Workers’ Compensation for a combined total period up to
52 weeks, provided that employment continues with EnergyAustralia.
29.3 Additional
periods of accident pay may be granted by EnergyAustralia where circumstances
warrant it.
29.4 A certificate
from a medical practitioner is required for all claims for accident pay. If there is any dispute between doctors, the
Parties will select a third doctor whose opinion will settle the matter of
accident pay.
This will not determine the issue of liability which
will be settled by the Workers' Compensation Commission if the Parties cannot
agree.
29.5 A medical
certificate should include the following information:
Name of employee
Name of doctor and signature
Reason for absence
Period during which the employee is unfit for work and
Date of issue.
29.6 If an employee
receives a settlement or compensation in relation to an injury or illness which
has resulted in a claim on EnergyAustralia for paid sick leave or paid accident
leave, then the employee shall repay EnergyAustralia the sum of the actual pay
received to a maximum not exceeding the settlement or compensation
received. In such cases, the amount of
sick leave which was reimbursed will be re-credited to the employee.
30. Special Leave
30.1 Special Leave may
be granted for the following purposes:
30.1.1 Bereavement (other
than a casual employee)
30.1.2 Blood donations,
30.1.3 Attending to union
matters, including training and official conferences
30.1.4 Attending Employee
Assistance Program
30.1.5 Personal.
30.2 Special Leave may
be granted with or without pay by agreement.
30.3 Special Leave may
or may not count for service by agreement.
30.4 An employee who
is required to attend for Jury Service will be granted leave which will count
as service. An employee will be paid
the difference between their normal rate of pay and the amount paid for Jury
Service.
30.5 Special Leave
with pay will be granted to employees for their first appointment under the
Employee Assistance Program. Subsequent
appointments are subject to Sub-clauses 30.2 and 30.3 above.
30.6 Employees are
encouraged to use RDOs or single days of annual leave to cover other
absences. The employee should provide
his/her manager with as much notice as possible before the scheduled start of
work.
30.7 An employee who
is required to attend military training will have such periods counted as part
of service, up to a maximum of 14 days per year. The employee will be paid the difference between the ordinary
rate currently paid and amount paid for military training, on production of
evidence of the employee’s attendance and money paid to the employee.
31. Bereavement
Entitlements for Casual Employees
31.1 Subject to the
evidentiary and notice requirements in Sub-clauses 32.2 and 32.4 casual
employees are entitled to not be available to attend work for up to 48 hours or
to leave work upon the death in Australia of a person prescribed in Sub-clause
32.3.2 of Clause 32 Personal/Carers Leave.
31.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (i.e. two (2) days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
31.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not engage a casual employee are
otherwise not affected.
32. Personal/Carer’s
Leave
32.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in sub-paragraph 32.3.2, who needs the employee’s care and
support, shall be entitled to use, in accordance with this sub-clause, any
current or accrued sick leave entitlement, provided for in Clause 27 Sick
Leave, for absences to provide care and support, for such persons when they are
ill or who require care due to an unexpected emergency. Such leave may be taken for part of one day.
Note: In the unlikely event that more than ten (10)
days sick leave in any year is to be used for caring purposes the employer and
employee shall discuss appropriate arrangements which, as far as practicable,
take account of the employer’s and employee’s requirements.
Where the Parties are unable to reach agreement the
disputes procedure at Clause 6 should be followed.
32.2 The employee
shall, if required,
32.2.1 establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
32.2.2 establish by
production of documentation acceptable to the employer or a statutory declaration,
the nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this sub-clause where another person had taken leave to
care for the same person.
32.3 The entitlement
to use sick leave in accordance with this clause is subject to:
32.3.1 the employee being
responsible for the care and support of the person concerned and,
32.3.2 the person
concerned being
32.3.2.1 a spouse
of the employee, or
32.3.2.2 a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
32.3.2.3 a child
or an adult child (including an adopted child, a step child, a foster child or
an ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
32.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
32.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
32.4 An employee
shall, wherever practicable, give the employer reasonable notice prior to the
intention to take leave; the reasons for taking such leave and the estimated
length of absence. If it is not
practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
32.5 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in Sub-clause 32.3.2
above who is ill or who requires care due to an unexpected emergency.
32.6 An employee may
elect with the consent of the employer, to take annual leave not exceeding ten
(10) days in single-day periods, or part thereof, in any calendar year at a
time or times agreed by the Parties, for the purposes of providing care to a
class of person set out in Sub-clause 32.3.2.
32.6.1 An employee may
elect with the employer’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
32.7 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within twelve (12)
months of the said election.
32.8 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate,
which is an hour for each hour worked.
32.9 If, having
elected to take time as leave, in accordance with Sub-clause 32.7, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve (12) month period or on termination.
32.10 Where no election
is made in accordance with the said Sub-clause 32.7, the employee shall be paid
overtime rates in accordance with the Agreement.
32.11 An employee may
elect, with the consent of EnergyAustralia, to work ‘make-up-time’ under which
the employee takes time off ordinary hours and works those hours at a later
time, during the spread of ordinary hours provided in the Agreement, at the
ordinary rate of pay.
32.12 An employee on
shift work may elect, with the consent of the employer, work ‘make-up-time’
(under which the employee takes time off ordinary hours and works those hours
at a later time) at the shift work rate which would have been applicable to the
hours taken off.
32.13 An employee may
elect, with the consent of the employer, to take a RDO at any time.
32.14 An employee may
elect, with the consent of the employer, to take RDOs in part day amounts.
32.15 An employee may
elect, with the consent of the employer, to accrue some or all RDOs for the
purpose of creating a bank to be drawn upon at a time mutually agreed between the
employer and employee, or subject to reasonable notice by the employee or the
employer.
32.16 This sub-clause
is subject to the employer informing each union which is both party to the
Agreement and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
32.17 Personal Carer’s
Entitlement for casual employees
32.17.1 Subject
to the evidentiary and notice requirements in Sub-clauses 32.2 and 32.4, casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in Sub-clause 32.3.2 of this clause
who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
32.17.2 The
employer and the employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two (2) days) per occasion.
The casual employee is not entitled to any payment for the period of
non-attendance.
32.17.3 An
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an employer to engage or not
to engage a casual employee are otherwise not affected.
33. Parental Leave
33.1 The provisions of
the Industrial Relations Act 1996 shall apply.
The following provisions shall also apply in addition to those set out
in the Industrial Relations Act 1996.
The provisions within this clause shall also operate in conjunction with
the relevant policies and procedures adopted by EnergyAustralia from time to
time.
33.2 Maternity Leave
33.2.1 Employees who are
eligible for maternity leave without pay under the Industrial Relations Act
1996 shall be entitled to receive up to 14 weeks of paid leave (or 28 weeks at
half pay) included in the 12 months approved under The Act at their ordinary
rate of remuneration to assist the employee’s ability to reconcile work and
family responsibilities and to return to work within the maximum timeframe, if
consented, as determined at Sub-clause 33.3.1.2.
33.2.2 An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the
Industrial Relations Act 1996) because the:
33.2.2.1 employee
or employee's spouse is pregnant
33.2.2.2 employee
is or has been immediately absent on parental leave
33.2.2.3 rights
of an employer in relation to engagement and re-engagement of casual employees
are not affected, other than in accordance with this clause.
33.3 Right to request
33.3.1 An employee
entitled to parental leave may request the employer to allow the employee to:
33.3.1.1 extend
the period of simultaneous unpaid parental leave use up to a maximum of eight
(8) weeks
33.3.1.2 extend
the period of unpaid parental leave for a further continuous period of leave
not exceeding 12 months
33.3.1.3 return
from a period of parental leave on a part-time basis until the child reaches
school age
33.3.1.4 assistance
in reconciling work and parental responsibilities.
33.3.2 The employer shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
33.4 Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under Sub-clauses 33.3.1.1 and 33.3.2 must be recorded in writing.
33.4.1 Request to return
to work part-time
Where an employee wishes to make a request under
Sub-clause 33.3.1.3 such a request must be made as soon as possible but no less
than seven (7) weeks prior to the date upon which the employee is due to return
to work from parental leave.
33.5 Other Parent
Leave
33.5.1 Employees covered
by this Agreement who are not eligible to maternity leave as set out in
Sub-clause 33.2 Maternity Leave, shall be entitled to one weeks paid parental
leave on successful application, in accordance with EnergyAustralia’s Parental
Leave Policy.
33.6 Communication
during all forms of parental leave
33.6.1 Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
33.6.1.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave, and
33.6.1.2 provide
an opportunity for the employee to discuss any significant effect the change
will have on the status or responsibility level of the position the employee
held before commencing parental leave.
33.6.2 The employee shall
take reasonable steps to inform the employer about any significant matter that
will affect the employee’s decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
33.6.3 The employee shall
also notify the employer of changes of address or other contact details which
might affect the employer’s capacity to comply with Sub-paragraph 33.6.1.
34. Career Break
34.1 Employees are
eligible to apply for a career break to meet personal, family or community
responsibilities, e.g. study, child rearing, looking after a sick relative,
personal development, etc.
34.2 A career break
provides between three (3) months and one (1) year of unpaid leave and may be
combined with other leave to provide a total period of absence up to two (2)
years.
34.3 Employees who
take a career break maintain continuity of employment but the period of leave
does not count for service.
34.4 Employees who
take a career break will be able to return to either their old position or an
equivalent position.
35. Agreement/Public
Holidays
35.1 The days on which
the following holidays are gazetted shall be days off work without loss of pay:
New Year’s Day
Australia Day
EnergyAustralia Employee Day*
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen’s Birthday
Labour Day
Christmas Day
Boxing Day
35.2 Energy Australia
Employee Day is an employee day for all employees who are covered under this
Agreement.
*For ex-Sydney Electricity employees this will be the
second Friday in March. For ex-Orion
Energy employees this will be a day determined between the Parties.
35.3 In addition,
employees shall be entitled to the day off work without loss of pay for any
other days which are gazetted as Public Holidays throughout NSW.
35.4 Any
Agreement/Public Holiday which falls during a period of annual leave, sick
leave or long service leave shall not be debited against that leave.
35.5 If an
Agreement/Public Holiday occurs on an employee’s scheduled day off or RDO then
the employee shall receive an additional day’s pay at the ordinary rate or
shall be entitled to another day off in lieu.
35.6 An employee who
is absent from duty without approval on the working day prior to, or the
working day after, an Agreement/Public Holiday shall not be entitled to pay for
that holiday or the unauthorised absence.
35.7 Where an employee
has been on unauthorised leave for more than five (5) consecutive working days,
which may include an RDO, the employee is not eligible to be paid for any
Agreement/Public Holidays which occur during the leave.
35.8 An employee who
is on call on an Agreement/Public Holiday shall be entitled to another day off
in lieu.
36. Rostered Days Off
(Rdo)
36.1 A rostered day
off occurs in the system of working a nine (9) day fortnight and is defined as
a weekday Monday to Friday on which an employee is not required to work because
the employee has worked additional time which has accrued towards a day off.
The normal working arrangement for employees is nine
(9) eight (8) hour days per fortnight and RDOs are normally taken on a Monday
or Friday.
This may be varied using a Workplace Flexibility
Agreement.
36.1.1 Those employees
working in the Contact Centre as Customer Service Representatives or Team
Leaders with access to RDOs shall have their RDOs rostered on a rolling basis
across Monday to Friday with a three (3) month timetable, based on business
requirements.
36.2 Employees can
accumulate up to five (5) RDOs which can be taken at any time subject to mutual
agreement after having regard to the needs of the work area and the needs of
the employees.
When an employee takes more than two (2) consecutive
RDOs and another employee acts in his/her job, then that employee shall be
eligible for higher grade pay.
36.3 If employees need
time off to look after a sick relative or for an emergency or unforseen event,
they are encouraged to use accumulated RDOs or to take a RDO in advance. In all circumstances, the employee should
provide his/her manager with as much notice as possible before commencing the
absence.
36.4 RDOs may only be
taken once they have been accrued. The
number of RDOs which an employee may take in a year when four (4) weeks annual
leave is taken, is limited to 24.
37. Terms of
Employment
37.1 EnergyAustralia
shall give an employee the following periods of notice or payment in lieu:
Employee's period
of continuous service with EnergyAustralia
|
Period of Notice
|
(See Clause 38 Calculation
of Service )
|
|
Less than 1 year
|
1 week
|
Between 1 and 3 years
|
2 weeks
|
Between 3 and 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
This period of notice given by EnergyAustralia is
increased by one (1) week if the employee is over 45 years of age and has
completed at least two (2) years of continuous service with EnergyAustralia.
This shall not limit EnergyAustralia's right to dismiss
an employee without notice for serious misconduct.
Employees shall provide EnergyAustralia with not less
than one week's notice of termination or forfeit one week's wages in lieu.
37.2 If an employee is
absent without notifying EnergyAustralia for a continuous period of five (5)
working days (including RDOs) without reasonable cause, they will be considered
to have abandoned their employment and may be dismissed effective from the last
day actually worked.
37.3 The decision to
dismiss an employee shall rest with the relevant Executive General Manager.
37.4 An employee may
retire from EnergyAustralia after reaching 55 years of age.
37.5 An employee may
be required to work reasonable overtime, unless the employee has reasonable
grounds for refusing.
37.6 Money cannot be
deducted from an employee's pay without written authority from the employee
except where an employee leaves EnergyAustralia and annual leave has been taken
in advance but has not yet accrued on a pro rata basis.
37.7 Employees are not
entitled to pay in the following circumstances:
37.7.1 where an employee
is absent without authorisation, or
37.7.2 where an employee
is absent due to sickness but has no entitlement to paid sick leave.
37.8 Suspension
without pay for an appropriate time may be applied as an alternative to
dismissal. This should be discussed
with the employee and the relevant union before a final decision is made.
38. Calculation of
Service
38.1 All service as an
apprentice, trainee or cadet shall count towards service entitlements under
this Agreement.
38.2 The following
periods will not count for service and will not break the continuity of service
with EnergyAustralia;
38.2.1 Sick leave without
pay
38.2.2 Parental leave
without pay
38.2.3 Leave without pay,
whether authorised or not
38.2.4 Career Break.
Leave without pay can be assessed on a case by case
basis by EnergyAustralia to determine whether or not it will count for service.
38.3 Where
EnergyAustralia has terminated an employee's employment because of ill health
or injury, and the employee is subsequently retired, the total length of
service shall be taken into account in calculating the employee's entitlements.
38.4 Employees who
commenced duties with EnergyAustralia as a result of the amalgamations and
mergers of Shires, Municipalities and County Councils on or prior to 1 January
1980 and mergers in 1995 shall have their previous service recognised in
calculating their service entitlements.
38.5 From date of
corporatisation of EnergyAustralia, 1 March 1996, the following service counts
for long service (extended) leave purposes for staff employed by EnergyAustralia
as at 1 March 1996:
38.5.1 Prior service with
approved Government Departments will be recognised; this provision only applies
for employees who were employed before 1 March 1996.
38.5.2 Prior service with
approved NSW Authorities will be recognised.
38.5.3 Prior service with
former Local Government regulated distributors which were engaged in
electricity distribution will be recognised.
38.5.4 Prior service with
approved State-Owned Corporations will be recognised.
Prior service with the Australian Public Service will
no longer be recognised after 1 March, 1996.
38.6 New employees
recruited from the New South Wales Public Service after 1 March 1996, will
continue to have the option of transferring their existing extended leave,
recreation leave and sick leave balances to EnergyAustralia, subject to the
existing arrangements for transfer of funds from the previous employer.
38.7 For the purposes
of 38.5 and 38.6 above, the period of service for recognition must be
‘continuous’, which is defined as follows;
38.7.1 the employee
entered on duty in EnergyAustralia on the next working day following cessation
of employment with the recognised former employer; or
38.7.2 the employee has
been accepted for employment by EnergyAustralia prior to the last day of
service with the recognised former employer, in which case a break of up to two
(2) months may be allowed between cessation of duty with the former recognised
employer and commencement of employment with EnergyAustralia.
38.8 The Manager
Employment Operations shall determine whether any transferred officer’s
application is relevant in accordance with the relevant legislation and policy
and administer those applications which accord with the appropriate criteria.
39. Cashing in Sick
Leave
39.1 Where an employee
requests during the course of his or her employment, or on termination of
employment for any reason other than serious misconduct; the employee shall be
paid his or her accumulated untaken sick leave at the ordinary rate of pay
applicable to the employee at that time or 1 July 2009 whichever date is
earlier.
39.2 The maximum
number of hours of sick leave that may be cashed in is to be calculated as
follows:
Step 1: Calculate the number of hours of accumulated
sick leave as at the date of request to be paid, or termination of employment.
Step 2: Calculate the number of hours of accumulated
sick leave as at 15 February 1993 that the employee could have cashed-in if his
or her employment had been terminated immediately before 15 February 1993.
The maximum number of hours of accumulated sick leave
that may be cashed-in is the lesser of the two numbers calculated under Step 1
and Step 2.
39.3 The intention of
subclauses 39.1 and 39.2 above is to ensure that when an employee is obliged to
use sick leave credits accumulated prior to 15 February 1993 then such sick
leave will be re-credited to the pre 15 February 1993 balance when the employee
is again entitled to annual sick leave credits available in the following year
of service.
40. Excess Travel
40.1 Excess travel
time is defined as additional travelling time incurred by an employee in the following circumstances where:
40.1.1 the employee is
directed to start work at a location which takes longer to travel to or from
their home than to the usual place of work.
40.1.2 the employee is
transferred to a new place of work which takes longer to travel to or from
their home than to the former place of work.
See also Sub-clause 40.2.
40.1.3 the employee is
required to work overtime or is called out on a day which is not their normal
working day. See also Sub-clause 40.5.
Where the employee does not have a usual place of work
but instead has a nominal headquarters to which they are attached, for the
purpose of calculating excess travel the headquarters are treated as the usual
place of work.
40.2 Where an employee
is transferred to a new place of work, payment for any excess travel shall only
continue for the first six (6) months.
This does not include transfers or appointments made at the employee’s
request or which are made for disciplinary reasons.
40.3 Payments for
excess travel shall be calculated by estimating the actual travel time and
distance by road. Excess travel time
shall be calculated at ordinary rates for journeys undertaken Monday to
Saturday inclusive and at ordinary time plus a half on Sundays and
Agreement/Public Holidays. This does
not apply to travel time undertaken for a call-out which is covered in
Sub-clause 40.5.
Reimbursement for the distance travelled is not paid in
any circumstances where an employee travels in an EnergyAustralia vehicle.
40.4 Excess travel is
not paid for journeys undertaken during work time.
40.5 Where an employee
is called out, all travelling time is paid at the appropriate overtime
rate. The minimum payment of four (4)
hours includes any excess travel time where the total time for the job plus
travel to and from the job is four (4) hours or less.
40.6 An employee will
be paid for his/her actual excess travel time and fares or the amount calculated
under 40.3 above, whichever is the greater.
Where an employee believes he/she has not at least been paid for the
actual excess travel time and fares, he/she should submit a claim providing
sufficient details about the actual mode of transport and the duration of
travel for the claim to be assessed and paid.
40.7 Employees who
travel in an EnergyAustralia vehicle are only entitled to payment for any
excess travel time which exceeds 30 minutes per journey except when they are
called out or work overtime on a day which is not a normal working day; in this
case they are entitled to payment for all travelling time.
40.8 Notwithstanding
Sub-clause 40.7 above, employees who travel to and from work in an
EnergyAustralia vehicle shall not be entitled to payment for excess travel if
the payment means it is no longer worthwhile to EnergyAustralia for the
employee to take a vehicle to and from work.
Payment for excess travel to employees who use an EnergyAustralia vehicle
must be authorised by the relevant Executive General Manager.
40.9 This clause shall
not apply to employees working in positions at or above Pay Point 54 unless
otherwise approved.
40.10 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
41. Provision of Transport
Where an employee is directed to work overtime or on a shift
on which they are not regularly rostered and they finish work at a time when
reasonable means of transport is not available, EnergyAustralia shall provide
the employee with a conveyance to the employee's home.
42. Protective
Clothing and Equipment
42.1 Each employee
shall be responsible for the proper care of tools and proper care and
laundering of protective clothing issued to them.
42.2 New protective
clothing and equipment and tools will be issued as required to replace items
which are subject to normal wear and tear.
42.3 Employees will be
issued with protective clothing, tools and equipment which is suitable for
carrying out work safely in the prevailing conditions.
42.4 Employees may be
required to replace any protective clothing, tools or equipment which is
damaged as a result of misuse or negligence.
42.5 Employees are not
permitted to use protective clothing, tools, vehicles or equipment which is
provided by EnergyAustralia while engaged in any employment other than with
EnergyAustralia.
42.6 Employees who are
provided with protective clothing shall wear it.
42.7 EnergyAustralia’s
policy on protective clothing will be based on the recommendations of the joint
employer/employee/union Clothing Committee.
43. Higher Grade Pay
43.1 The introduction
of skills-based classifications means that higher grade pay will no longer be
applicable within classification groupings because employees will be paid for
the full range of duties that they would be expected to use from time to
time. Higher Grade duties still apply
where employees take on higher responsibilities and duties which are beyond the
scope of their classification grouping, e.g. a Technician acting as a Field
Co-ordinator, Superintendent etc.
43.2 Employees who are
required to carry out duties of a higher grade which are not recognised within
the scope of their normal classification grouping shall be paid the appropriate
higher rate for the actual period involved, provided they carry out the duties
for a minimum of one (1) hour continuously.
43.3 If an employee
has been receiving higher grade pay for a continuous period of 13 weeks
immediately prior to commencing annual leave, sick leave or accident leave, the
employee will be paid the higher grade rate for the duration of the
absence. Absences on approved leave of
five (5) days or less aggregate duration will not cause a break in continuity
for the purposes of this sub-clause. In
all cases, the payment of higher grade pay whilst on leave will not exceed six
(6) months duration. Breaks in Higher
Grade duties of five (5) days or less aggregate duration shall not cause a
break in continuity for the purposes of this sub-clause.
43.4 Agreement/Public
Holidays during a period of higher grade duty will be paid at the higher rate.
43.5 The higher grade
rate will not apply to long service leave or payments made for service
entitlements at the termination of employment.
43.6 Higher grade pay
is paid to an employee who is required to perform higher grade duties to cover
the work of an employee who is absent for more than two (2) days taken as RDOs.
43.7 Undertaking on
the job training in a higher graded position does not entitle an employee to
higher grade pay unless the person is actually given responsibility for the
job, e.g. in a relief role.
43.8 Except where an
employee is relieving in a vacancy created by an employee on approved leave,
such as parental leave or long service leave, or the work area is being
restructured, a period of higher grade pay shall not continue for more than six
(6) months before the job is advertised.
44. Superannuation
44.1 Supplementary
Superannuation
This sub-clause applies to employees who:
44.1.1 were employed by
Sydney County Council on or before 31 March 1977; and
44.1.2 contributed to the
same Local Government Superannuation Scheme on 30 April 1990 that he/she was
contributing to on 31 March 1977; and
44.1.3 compulsorily
transferred to the State Authorities Superannuation Scheme on May 1990; and
44.1.4 have completed at
least 20 years’ continuous service with EnergyAustralia and Sydney County
Council; and
44.1.5 retirement age or
retired ill-health or was dismissed for reasons other than misconduct or took
voluntary redundancy or died whilst still employed.
44.1.6 Employees who meet
all the above conditions shall be paid a supplementary superannuation benefit
equal to the difference between
E = 3.5 + 0.07 (S - 20)
where E = the employee’s entitlement measured in weeks
of pay per year of service at their ordinary rate
and S = 45 or the total number of years service
(including a portion for part completed years to the nearest whole month)
whichever is the lesser, and;
44.1.7 The monetary
benefits directly attributable to all payments made or to be made in respect of
the employee by EnergyAustralia or any other employer under the provisions of
the Local Government and other Authorities (Superannuation) Act 1927 and the
State Authorities Superannuation Act 1987 or it successor.
44.1.8 This sub-clause
shall not apply to an employee who is a contributor under the provisions of the
Superannuation Act 1916.
44.1.9 This sub-clause
also applies to employees who were formerly employed by a County Council and
who were transferred to EnergyAustralia on 1 January 1980 provided that,
44.1.9.1 they
maintained continuity of service in the transfer
44.1.9.2 they
fulfil the requirements in Sub-clause 44.1.1 of this clause
if they meet these criteria, service with Brisbane
Waters, St George and MacKellar County Councils prior to being transferred to
EnergyAustralia on 1 January 1980 will be counted in calculating any
entitlement under this clause.
44.1.10 This
sub-clause applies to employees who were employed by the former Shortland
County Council/Orion Energy.
Where the service of an employee is terminated by
retirement age, retirement ill health or death, the employee, or in the latter
case, his legal representative, shall be paid a severance allowance equal to:
the amount calculated at the rate of the employee’s
final average salary as defined in Section 24 of Part V of the Public
Authorities Superannuation Act, 1985, payable at the date of termination based
on 5.616 weeks for each completed year the employee was a contributor under the
aforesaid Act and proportionately for any fraction of a year on a monthly basis
with a maximum period of 224.64 weeks
less:-
the monetary benefits directly attributable to all
payments made or to be made in respect of the employee by the provisions of the
Public Authorities Superannuation Act, 1985 those benefits being the amount
calculated in accordance with the formula set out in Section 26 of the said
Act.
44.1.11 Notwithstanding
the above mentioned provisions, the severance allowance payable to an employee
or an employee’s legal representative shall not exceed a sum equivalent to two
(2) weeks salary or wage for each year of the employee’s local government
service and proportionately for a fraction of a year on a monthly basis.
44.2 Default Superannuation
Scheme
Subject to the provisions of relevant superannuation
legislation, employees under this Agreement will have their superannuation
contributions paid into the Energy Industries Superannuation Scheme (EISS).
44.3 Wage Sacrifice To
Superannuation
44.3.1 An employee may
elect in lieu of being paid an amount of wages to have an equivalent amount
paid by way of Superannuation contributions in accordance with the relevant
provisions of the EISS.
44.3.2 Where an employee
has elected to have an amount paid by way of Superannuation contributions in
lieu of wages, any allowance, penalty, payment for unused leave entitlements,
weekly worker’s compensation or other payment, other than any payment for leave
taken in service to which an employee is entitled under this Agreement or any
applicable Agreement, Act or Statute which is expressed to be determined by
reference to an employee’s wage, shall be calculated by reference to the actual
wages paid to the employee and the amount paid under Sub-clause 44.3.1 by way
of Superannuation contributions.
44.3.3 Subject to the
provisions of relevant superannuation legislation, any Superannuation
contributions paid under Sub-clause 44.3 shall be paid to the EISS.
44.3.4 The employee may
elect to have an amount paid by way of Superannuation contributions in lieu of
wages on joining EnergyAustralia and thereafter may alter the amount paid by
way of Superannuation contributions under Sub-clause 44.3 with effect from 1
July each year.
44.3.5 An election to
have Superannuation contributions paid in lieu of an amount of wages shall be
in writing and may only be made with the consent of both the employee and
EnergyAustralia.
44.4 Additional
Employer Superannuation Contribution
44.4.1 All employees will
receive a 1% increase to their employer superannuation contribution in addition
to their existing arrangements effective from 19 December 2008 (SGC+5% = 14% in
total) with a further 1% increase effective from 19 December 2009 (SGC +6% =
15% in total).
The above increases are in addition to the Commonwealth
Government Superannuation Guarantee, which may be varied from time to
time. Therefore, should any increase to
the Commonwealth Government Superannuation Guarantee occur during the nominal
term of this Agreement, the EnergyAustralia additional increases stated above
will not be absorbed by any future government increases.
45. Apprentices
45.1 Apprentices who
are appointed to a trades position in EnergyAustralia shall be paid the
appropriate full adult rate.
45.2 When an apprentice
reaches the age of 21 they shall be paid the adult apprentice rates in Appendix
1E. Adult apprentices employed with
EnergyAustralia will retain their existing rate of pay until that rate is
exceeded by the adult apprentice rates in Appendix 1E.
45.3 Apprentices may
not be required to undertake shift work or overtime where it clashes with their
training.
46. Miscellaneous
Conditions of Employment
46.1 An employee who
is on or below Pay Point 40 and is required to be an authorised motor vehicle
driver or who is required to hold a licence to operate plant or equipment, will
have the cost of that licence(s) reimbursed.
46.2 Nominated
employees who are required to take or make business calls at home will be
reimbursed the cost of telephone rental and/or business calls as determined by
EnergyAustralia or provided with a mobile phone.
46.3 On the death of
an employee, all their outstanding entitlements and accruals will be paid to
their estate.
46.4 An employee who
is authorised and agrees to use a private motor vehicle in the course of their
employment shall be paid the rate in Appendix 1D, Extra Rates, Item No. 33, if
the employee maintains the minimum of third party property damage insurance
policy on that vehicle. However,
wherever possible employees should use an EnergyAustralia vehicle for all
purposes connected with their employment.
46.5 Where an employee
is supplied with a residence (with or without concessions) the weekly value of
such residence (and concessions) shall be agreed upon from time to time between
the Parties and in the event of failure to agree, shall be dealt with pursuant
to the disputes procedures contained in Clause 6.
47. No Extra Claims
It is a term of this Agreement that Union Parties to and the
employees covered by this Agreement undertake that for the period of the
duration of this Agreement that they will not pursue any extra claims,
Agreement or over Agreement, except where consistent with the State Wage Case
principles.
48. Anti
Discrimination
48.1 It is the
intention of the Parties bound by this Agreement to seek to achieve the object
in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race (colour, ethnic, or
ethno-religious background, descent or nationality), sex (including pregnancy),
martial status, disability, homosexuality, transgender identity, age and
carer’s responsibilities.
48.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Agreement, the Parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this
Agreement are not directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the Parties to make application to vary any provision of
the Agreement which, by its terms or operation, has a direct or indirect
discriminatory effect.
48.3 Under the
Anti-Discrimination Act 1977 it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
48.4 Nothing in this
clause is to be taken to affect:
48.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation.
48.4.2 Offering or
providing junior rates of pay to persons under 21 years of age.
48.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977.
48.4.4 A part to this
Agreement from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
48.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
Parties by legislation referred to in this clause.
49. Union Delegates’
Charter
49.1 EnergyAustralia
shall be able to:
49.1.1 Expect that
employees, be they Union Delegates or not, will perform the job in which they
are employed.
49.1.2 Be given
reasonable notice by Delegates that they intend to carry out their Union
duties.
49.1.3 Expect that Union
Delegate(s) shall not be able to claim or be paid overtime for attendance at
Delegates meetings organised during normal working hours.
49.2 Union Delegates
shall be able to:
49.2.1 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.
49.2.2 After obtaining
the permission of the employer, move freely for the purpose of consulting other
Delegates during working hours.
49.2.3 To negotiate with
management together with other union delegates on behalf of all or part of the
members on any matters in accord with Union policy affecting the employment of
members who work in EnergyAustralia.
49.2.4 Call meetings and
for members to attend these meetings on the job. Such meetings are to be outside of work time unless prior
permission is obtained from management.
49.2.5 Have protection
from victimisation and this right to be expressed in prohibiting the employer
from seeking to separate the delegate from the union members who elected them
without first consulting the union.
49.2.6 Have access to a
telephone and computer, including email and 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 carry out their union
responsibilities.
49.2.7 Attend meetings
and training held by the Union in which they hold office without loss of any
rights following the approval of EnergyAustralia. Attendance at these meetings
shall be permitted according to the provisions of Clause 30 Special Leave of
the EnergyAustralia Agreement
49.2.8 Have all
agreements and arrangements negotiated with EnergyAustralia set out in writing
and for these agreements and arrangements, including Agreements, to be provided
to delegates on request.
49.2.9 Place notices on
defined union notice boards.
APPENDIX 1 - EnergyAustralia’s pay rates and allowances
Appendix 1A: EnergyAustralia Junior Rates of Pay on and From
19/12/08 and 19/12/09
Pay
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
Annual Salary
|
Weekly Rate
|
36 Hourly
|
Point
|
19/12/08
|
19/12/08
|
19/12/08
|
19/12/09
|
19/12/09
|
Rate
|
|
|
|
|
|
|
19/12/09
|
|
$
|
$
|
$
|
$
|
$
|
$
|
J1
|
16,136.69
|
309.13
|
8.59
|
16,701.47
|
319.95
|
8.89
|
J2
|
16,958.48
|
324.88
|
9.02
|
17,552.02
|
336.25
|
9.34
|
J3
|
17,800.97
|
341.01
|
9.47
|
18,424.00
|
352.95
|
9.80
|
J4
|
18,682.79
|
357.91
|
9.94
|
19,336.68
|
370.43
|
10.29
|
J5
|
19,616.36
|
375.79
|
10.44
|
20,302.93
|
388.94
|
10.80
|
J6
|
20,598.57
|
394.61
|
10.96
|
21,319.52
|
408.42
|
11.34
|
J7
|
21,629.43
|
414.36
|
11.51
|
22,386.46
|
428.86
|
11.91
|
J8
|
22,709.97
|
435.06
|
12.08
|
23,504.82
|
450.28
|
12.51
|
J9
|
23,840.19
|
456.71
|
12.69
|
24,674.60
|
472.69
|
13.13
|
J10
|
25,036.65
|
479.63
|
13.32
|
25,912.93
|
496.42
|
13.79
|
J11
|
26,285.90
|
503.56
|
13.99
|
27,205.90
|
521.19
|
14.48
|
J12
|
27,597.24
|
528.68
|
14.69
|
28,563.14
|
547.19
|
15.20
|
J13
|
28,982.07
|
555.21
|
15.42
|
29,996.44
|
574.64
|
15.96
|
J14
|
30,418.65
|
582.73
|
16.19
|
31,483.30
|
603.13
|
16.75
|
J15
|
31,948.38
|
612.04
|
17.00
|
33,066.57
|
633.46
|
17.60
|
J16
|
33,530.90
|
642.35
|
17.84
|
34,704.48
|
664.84
|
18.47
|
J17
|
35,225.19
|
674.81
|
18.74
|
36,458.07
|
698.43
|
19.40
|
J18
|
36,976.41
|
708.36
|
19.68
|
38,270.58
|
733.15
|
20.37
|
Appendix 1B: EnergyAustralia Adult Rates of Pay on and From
19/12/08 and 19/12/09
Pay
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
Annual Salary
|
Weekly Rate
|
36 Hourly
|
Point
|
19/12/08
|
19/12/08
|
19/12/08
|
19/12/09
|
19/12/09
|
Rate
|
|
|
|
|
|
|
19/12/09
|
|
$
|
$
|
$
|
$
|
$
|
$
|
1
|
37,893.42
|
725.93
|
20.16
|
39,219.69
|
751.34
|
20.87
|
2
|
38,642.76
|
740.28
|
20.56
|
39,995.26
|
766.19
|
21.28
|
3
|
39,391.07
|
754.62
|
20.96
|
40,769.75
|
781.03
|
21.70
|
4
|
40,152.83
|
769.21
|
21.37
|
41,558.17
|
796.13
|
22.11
|
5
|
40,941.50
|
784.32
|
21.79
|
42,374.45
|
811.77
|
22.55
|
6
|
41,729.13
|
799.41
|
22.21
|
43,189.65
|
827.39
|
22.98
|
7
|
42,542.64
|
814.99
|
22.64
|
44,031.63
|
843.52
|
23.43
|
8
|
43,385.13
|
831.13
|
23.09
|
44,903.61
|
860.22
|
23.90
|
9
|
44,247.29
|
847.65
|
23.55
|
45,795.94
|
877.32
|
24.37
|
10
|
45,138.42
|
864.72
|
24.02
|
46,718.26
|
894.99
|
24.86
|
11
|
46,040.94
|
882.01
|
24.50
|
47,652.37
|
912.88
|
25.36
|
12
|
46,961.06
|
899.64
|
24.99
|
48,604.69
|
931.12
|
25.86
|
13
|
47,914.29
|
917.90
|
25.50
|
49,591.29
|
950.02
|
26.39
|
14
|
48,865.46
|
936.12
|
26.00
|
50,575.75
|
968.88
|
26.91
|
15
|
49,835.25
|
954.70
|
26.52
|
51,579.48
|
988.11
|
27.45
|
16
|
50,828.85
|
973.73
|
27.05
|
52,607.86
|
1,007.81
|
27.99
|
17
|
51,849.36
|
993.28
|
27.59
|
53,664.09
|
1,028.05
|
28.56
|
18
|
52,881.26
|
1,013.05
|
28.14
|
54,732.10
|
1,048.51
|
29.13
|
19
|
53,954.55
|
1,033.61
|
28.71
|
55,842.96
|
1,069.79
|
29.72
|
20
|
55,033.02
|
1,054.27
|
29.29
|
56,959.18
|
1,091.17
|
30.31
|
21
|
56,134.26
|
1,075.37
|
29.87
|
58,098.96
|
1,113.01
|
30.92
|
22
|
57,242.75
|
1,096.60
|
30.46
|
59,246.24
|
1,134.99
|
31.53
|
23
|
58,392.63
|
1,118.63
|
31.07
|
60,436.37
|
1,157.78
|
32.16
|
24
|
59,562.18
|
1,141.04
|
31.70
|
61,646.86
|
1,180.97
|
32.80
|
25
|
60,752.43
|
1,163.84
|
32.33
|
62,878.77
|
1,204.57
|
33.46
|
26
|
61,960.28
|
1,186.98
|
32.97
|
64,128.88
|
1,228.52
|
34.13
|
27
|
63,208.49
|
1,210.89
|
33.64
|
65,420.78
|
1,253.27
|
34.81
|
28
|
64,466.01
|
1,234.98
|
34.31
|
66,722.32
|
1,278.21
|
35.51
|
29
|
65,758.73
|
1,259.75
|
34.99
|
68,060.28
|
1,303.84
|
36.22
|
30
|
67,087.67
|
1,285.20
|
35.70
|
69,435.73
|
1,330.19
|
36.95
|
31
|
68,411.43
|
1,310.56
|
36.40
|
70,805.83
|
1,356.43
|
37.68
|
32
|
69,801.44
|
1,337.19
|
37.14
|
72,244.49
|
1,383.99
|
38.44
|
33
|
71,188.34
|
1,363.76
|
37.88
|
73,679.93
|
1,411.49
|
39.21
|
34
|
72,605.25
|
1,390.91
|
38.64
|
75,146.43
|
1,439.59
|
39.99
|
35
|
74,052.18
|
1,418.62
|
39.41
|
76,644.01
|
1,468.28
|
40.79
|
36
|
75,539.48
|
1,447.12
|
40.20
|
78,183.36
|
1,497.77
|
41.60
|
37
|
77,054.72
|
1,476.14
|
41.00
|
79,751.63
|
1,527.81
|
42.44
|
38
|
78,594.80
|
1,505.65
|
41.82
|
81,345.61
|
1,558.35
|
43.29
|
39
|
80,161.79
|
1,535.67
|
42.66
|
82,967.45
|
1,589.41
|
44.15
|
40
|
81,772.25
|
1,566.52
|
43.51
|
84,634.27
|
1,621.35
|
45.04
|
41
|
83,400.30
|
1,597.71
|
44.38
|
86,319.31
|
1,653.63
|
45.93
|
42
|
85,066.65
|
1,629.63
|
45.27
|
88,043.98
|
1,686.67
|
46.85
|
43
|
86,761.98
|
1,662.11
|
46.17
|
89,798.65
|
1,720.28
|
47.79
|
44
|
88,503.89
|
1,695.48
|
47.10
|
91,601.52
|
1,754.82
|
48.74
|
45
|
90,266.49
|
1,729.24
|
48.03
|
93,425.82
|
1,789.77
|
49.72
|
46
|
92,091.20
|
1,764.20
|
49.01
|
95,314.39
|
1,825.95
|
50.72
|
47
|
93,927.29
|
1,799.37
|
49.98
|
97,214.74
|
1,862.35
|
51.73
|
48
|
95,799.60
|
1,835.24
|
50.98
|
99,152.59
|
1,899.47
|
52.76
|
49
|
97,725.74
|
1,872.14
|
52.00
|
101,146.14
|
1,937.67
|
53.82
|
50
|
99,673.61
|
1,909.46
|
53.04
|
103,162.18
|
1,976.29
|
54.90
|
51
|
101,674.26
|
1,947.78
|
54.11
|
105,232.86
|
2,015.96
|
56.00
|
52
|
103,699.76
|
1,986.59
|
55.18
|
107,329.25
|
2,056.12
|
57.11
|
53
|
105,780.11
|
2,026.44
|
56.29
|
109,482.41
|
2,097.36
|
58.26
|
54
|
107,891.51
|
2,066.89
|
57.41
|
111,667.71
|
2,139.23
|
59.42
|
55
|
110,060.87
|
2,108.45
|
58.57
|
113,913.00
|
2,182.24
|
60.62
|
56
|
112,257.14
|
2,150.52
|
59.74
|
116,186.13
|
2,225.79
|
61.83
|
57
|
114,493.77
|
2,193.37
|
60.93
|
118,501.05
|
2,270.14
|
63.06
|
58
|
116,786.30
|
2,237.29
|
62.15
|
120,873.82
|
2,315.59
|
64.32
|
59
|
119,134.71
|
2,282.27
|
63.40
|
123,304.42
|
2,362.15
|
65.62
|
60
|
121,502.79
|
2,327.64
|
64.66
|
125,755.39
|
2,409.11
|
66.92
|
Appendix 1C: EnergyAustralia Shift Work Rates of Pay on and
from 19/12/08 and 19/12/09
Pay
|
Shift Work
|
Shift Work
|
Shift Work
|
Shift Work
|
Shift Work
|
Shift Work
|
Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly
|
Annual Salary
|
Weekly Rate
|
36 Hourly
|
|
19/12/08
|
19/12/08
|
Rate
|
19/12/09
|
19/12/09
|
Rate
|
|
|
|
19/12/08
|
|
|
19/12/09
|
|
$
|
$
|
$
|
$
|
$
|
$
|
10Y
|
45,291.89
|
867.66
|
24.10
|
46,877.11
|
898.03
|
24.95
|
11 Y
|
46,197.48
|
885.01
|
24.58
|
47,814.39
|
915.98
|
25.44
|
12 Y
|
47,120.72
|
902.70
|
25.07
|
48,769.95
|
934.29
|
25.95
|
13 Y
|
48,077.20
|
921.02
|
25.58
|
49,759.90
|
953.25
|
26.48
|
14 Y
|
49,031.60
|
939.30
|
26.09
|
50,747.70
|
972.18
|
27.00
|
15 Y
|
50,004.69
|
957.94
|
26.61
|
51,754.85
|
991.47
|
27.54
|
16 Y
|
51,001.67
|
977.04
|
27.14
|
52,786.73
|
1,011.24
|
28.09
|
17 Y
|
52,025.65
|
996.66
|
27.68
|
53,846.55
|
1,031.54
|
28.65
|
18 Y
|
53,061.05
|
1,016.50
|
28.24
|
54,918.19
|
1,052.07
|
29.22
|
19 Y
|
54,138.00
|
1,037.13
|
28.81
|
56,032.83
|
1,073.43
|
29.82
|
20 Y
|
55,220.13
|
1,057.86
|
29.38
|
57,152.84
|
1,094.88
|
30.41
|
21 Y
|
56,325.12
|
1,079.03
|
29.97
|
58,296.50
|
1,116.79
|
31.02
|
22 Y
|
57,437.37
|
1,100.33
|
30.56
|
59,447.68
|
1,138.84
|
31.63
|
23 Y
|
58,591.16
|
1,122.44
|
31.18
|
60,641.86
|
1,161.72
|
32.27
|
24 Y
|
59,764.69
|
1,144.92
|
31.80
|
61,856.46
|
1,184.99
|
32.92
|
25 Y
|
60,958.99
|
1,167.80
|
32.44
|
63,092.55
|
1,208.67
|
33.57
|
26 Y
|
62,170.94
|
1,191.01
|
33.08
|
64,346.92
|
1,232.70
|
34.24
|
27 Y
|
63,423.39
|
1,215.01
|
33.75
|
65,643.21
|
1,257.53
|
34.93
|
28 Y
|
64,685.19
|
1,239.18
|
34.42
|
66,949.18
|
1,282.55
|
35.63
|
29 Y
|
65,982.30
|
1,264.03
|
35.11
|
68,291.69
|
1,308.27
|
36.34
|
30 Y
|
67,315.76
|
1,289.57
|
35.82
|
69,671.81
|
1,334.71
|
37.08
|
31 Y
|
68,644.03
|
1,315.02
|
36.53
|
71,046.57
|
1,361.05
|
37.81
|
32 Y
|
70,038.76
|
1,341.74
|
37.27
|
72,490.12
|
1,388.70
|
38.57
|
33 Y
|
71,430.38
|
1,368.40
|
38.01
|
73,930.44
|
1,416.29
|
39.34
|
34 Y
|
72,852.11
|
1,395.63
|
38.77
|
75,401.93
|
1,444.48
|
40.12
|
35 Y
|
74,303.96
|
1,423.45
|
39.54
|
76,904.60
|
1,473.27
|
40.92
|
36 Y
|
75,796.31
|
1,452.04
|
40.33
|
78,449.18
|
1,502.86
|
41.75
|
37 Y
|
77,316.70
|
1,481.16
|
41.14
|
80,022.79
|
1,533.00
|
42.58
|
38 Y
|
78,862.02
|
1,510.77
|
41.97
|
81,622.19
|
1,563.64
|
43.43
|
39 Y
|
80,434.34
|
1,540.89
|
42.80
|
83,249.54
|
1,594.82
|
44.30
|
40 Y
|
82,050.27
|
1,571.84
|
43.66
|
84,922.03
|
1,626.86
|
45.19
|
41 Y
|
83,683.86
|
1,603.14
|
44.53
|
86,612.80
|
1,659.25
|
46.09
|
42 Y
|
85,355.88
|
1,635.17
|
45.42
|
88,343.33
|
1,692.40
|
47.01
|
43 Y
|
87,056.97
|
1,667.76
|
46.33
|
90,103.96
|
1,726.13
|
47.95
|
44 Y
|
88,804.80
|
1,701.24
|
47.26
|
91,912.97
|
1,760.78
|
48.91
|
45 Y
|
90,573.40
|
1,735.12
|
48.20
|
93,743.46
|
1,795.85
|
49.88
|
46 Y
|
92,404.31
|
1,770.20
|
49.17
|
95,638.46
|
1,832.15
|
50.89
|
47 Y
|
94,246.64
|
1,805.49
|
50.15
|
97,545.27
|
1,868.68
|
51.91
|
48 Y
|
96,125.32
|
1,841.48
|
51.15
|
99,489.70
|
1,905.93
|
52.94
|
49 Y
|
98,058.00
|
1,878.51
|
52.18
|
101,490.03
|
1,944.25
|
54.01
|
Appendix 1D: EnergyAustralia Allowances and Extra Rates on
and from 19/12/08 and 19/12/09
Item
|
Code
|
Allowance Type
|
Rate
|
Rate
|
|
|
|
19/12/08
|
19/12/09
|
|
|
|
$
|
$
|
1
|
FAA
|
First Aid Attendant
|
4.20 per day
|
4.20 per day
|
2
|
FAI
|
First Aid Instructor
|
19.10 per week
|
19.10 per week
|
3
|
SHA
|
Afternoon Shift
|
37.30 per shift
|
37.30 per shift
|
4
|
NGT
|
Night Shift
|
41.20 per shift
|
41.20 per shift
|
5
|
EMSRA
|
Early Morning Shift
|
18.65 per shift
|
18.65 per shift
|
6
|
O/C
|
On Call
|
212.18 per week
|
212.18 per
|
|
|
|
|
week
|
7
|
O/C1
|
On Call Weekday
|
42.44 per day
|
42.44 per day
|
8
|
O/C2
|
On Call Weekend
|
53.05 per day
|
53.05 per day
|
9
|
O/C3
|
Ug Tr On Call Eng
(from 1/7/07)
|
65.84 per day
|
65.84 per day
|
10
|
O/C4
|
Ug Tr On Call Tech (from 1/7/07)
|
56.45 per day
|
56.45 per day
|
11
|
TOOL
|
Tool Allowance (Trade) (584.64 p/a)
|
11.54 per week
|
11.54 per week
|
|
TOOL
|
Tool Allowance (Non-Trade) (350.78 p/a)
|
6.92 per week
|
6.92 per week
|
12
|
MEAL
|
Meal
|
12.30 per
|
12.30 per
|
|
|
|
frequency
|
frequency
|
13
|
CDMB
|
Charge Depot Meal Break
|
5.09 per day
|
5.09 per day
|
14
|
CPLB
|
Charge Plant Meal Break
|
4.18 per day
|
4.18 per day
|
15
|
MFA
|
Multi Function
|
6.23 per day
|
6.23 per day
|
16
|
ASB
|
Asbestos
|
0.73 per hour
|
0.73 per hour
|
17
|
ASE
|
Asbestos Eradication
|
2.19 per hour
|
2.19 per hour
|
18
|
ACMP
|
Air Compressor Attendant
|
0.28 per hour
|
0.28 per hour
|
19
|
INSL
|
Insulwool
|
0.73 per hour
|
0.73 per hour
|
20
|
DIRT
|
Dirt
|
4.23 per day
|
4.23 per day
|
21
|
PIT
|
Cable Pit
|
10.00 per day
|
10.00 per day
|
22
|
COMM
|
Community Language (1,026.00 p/a)
|
19.85 per week
|
19.85 per week
|
23
|
SUST
|
Sustenance Allowance - pre paid accom
|
74.28 per day
|
74.28 per day
|
|
|
single locn up to 35 days - no prepaid accom
|
228.67 per day
|
228.67 per day
|
|
|
single locn after 35 days - no prepaid accom
|
169.46 per day
|
169.46 per day
|
24
|
SKR
|
Skills Retention
|
45.00 per week
|
50.00 per week
|
25
|
SR
|
Electrical Safety Rules
|
110.00 per week
|
120.00 per week
|
26
|
SREO
|
ESO Safety Rules -60%
|
66.00 per week
|
72.00 per week
|
27
|
SR80
|
Non-Elec Trade Safety Rules - 80%
|
88.00 per week
|
96.00 per week
|
28
|
EL
|
Electrician’s Licence (Fr 14/8/08)
|
33.35 per week
|
TBA
|
29
|
PRA
|
Plumbers Registration (Fr 2/4/2008)
|
23.58 per week
|
TBA
|
30
|
PTA
|
Plumbers Tool (Fr 2/4/2008)
|
23.40 per week
|
TBA
|
31
|
PLTA
|
Plasterers Tool (Fr 16/10/2008)
|
21.30 per week
|
TBA
|
32
|
CTA
|
Carpenters Tool (Fr 16/10/2008)
|
25.80 per week
|
TBA
|
33
|
VEH
|
Private Vehicle Usage
|
ATO Rates
|
ATO Rates
|
34
|
TTOH
|
O/H Trans Travel (From 1/7/2007)
|
31.16 per day
|
31.16 per day
|
Appendix 1E: EnergyAustralia Adult Apprentice Rates on and
from 19/12/2008 and 19/12/2009
Classification
|
Weekly Rate
19/12/08
|
Weekly Rate
19/12/09
|
|
$
|
$
|
1st Year Adult Apprentice
|
612.03
|
633.45
|
2nd Year Adult Apprentice
|
674.81
|
698.43
|
3rd Year Adult Apprentice
|
708.35
|
733.14
|
4th Year Adult Apprentice
|
740.29
|
766.21
|
APPENDIX 2 - ANNUAL LEAVE CONVERSION
METHOD FOR CONVERTING ANNUAL LEAVE AND SICK LEAVE
ENTITLEMENTS TO HOURS
This applies to EnergyAustralia's employees whose ordinary
hours of work equal 72 per fortnight.
Employees accrue either 15 or 18 days of sick leave per
year, depending on length of service.
They also have a statutory entitlement to four (4) weeks annual leave
including non working days. Shift
workers have an annual leave entitlement of 20 or 25 shifts.
The method of work for these employees is to work eight (8)
hours per day over a nine (9) day fortnight.
Day workers work five (5) days in the first week and four (4) days in
the second. Shift workers average nine
(9) days per fortnight over their full roster.
Day workers are paid at the appropriate rate for a 36 hour week but
actually work 40 hours in the first week and 32 in the second. They work eight (8) hours per day and are
paid for eight hours per day RDO. Shift
workers are paid according to the actual hours worked each week.
This Agreement provides amongst other things, for the
possibility of work being organised into nine
(9) hour day/four (4) day weeks and 12 hour day/three (3) day
weeks. This requires all sick leave and
annual leave entitlements to be recorded in hours and debited in hours.
Sick leave and annual leave are converted to hours according
to the following methods. Employees are
entitled to 18 days of sick leave and work an eight hour day. Therefore, the annual sick leave entitlement
is 144 hours. The annual leave
entitlement is also 144 hours because four weeks work is equivalent to four
times 36 hours per week.
All sick leave is debited according to the ordinary hours
actually worked each day. If the ordinary
hours are eight (8), nine (9) or 12 per day then eight (8), nine (9) or 12
hours respectively will be deducted for each day of absence on sick leave.
All annual leave for employees who work a nine (9) day
fortnight is deducted at eight (8) hours per day.
Other employees who work shiftwork or nine (9) or 12
ordinary hours per day will have the actual ordinary hours debited from their
annual leave. For example, an employee
who works 12 ordinary hours per day will only work three (3) days per week. If 12 hours is debited for each day of
annual leave, the employee is still entitled to four weeks of annual leave at
three days/week.
Similar arrangements will be made for employees who work a
35 hour week.
APPENDIX 3 - CLASSIFICATIONS WITHIN THE TRADE & TECHNICAL
GROUP
ACCEL APPRENTICE
|
FLD CO-ORD - PROT
|
PROJ OFF W/S SERVICES
|
ADULT APPRENTICE
|
FLD CO-ORD - ELEC
|
PROJECT DELIVERY OFF
|
APPRENTICE (INCR)
|
FLD CO-ORD - O/H
|
PROT TECH S/L
|
AREA/SYS OP S/L (lwfa - syd)
|
FLD CO-ORD - SUBS
|
QUALITY CONTRO OFF YR
|
AREA/SYS OP S/L (non lwfa)
|
FLD CO-ORD - T/CONT
|
RECORDING SUPERVISOR
|
ASSET ACCESS RESCUE
|
FLD CO-ORD - U/G
|
REGION ENG OFF S/L
|
ASSET ACCESS STANBY
|
FLD CO-ORD - V/REG
|
REGION ESO S/L
|
ASSET RESEARCH OFF
|
FLD SERV STOREMAN W/G
|
REVENUE PROT OFF
|
AUDITOR SFTY & ENV COMP
|
FLD SUPP OFF U/G
|
RIGGING CO-ORD
|
BLDG CO-ORD EXT SUBS
|
GANGER
|
RISK MITIGATION TECH
|
BLDG MAINT CO-ORD
|
GEO INFO OFF S/L
|
SAFETY ADVISOR (CSV)
|
CABLE JOINTER S/L
|
IND TRANS CABLE JTR
|
SAFETY ADVISOR (ENS)
|
COMPLIANCE OFFICER
|
INST INSPECTOR
|
SAFETY COMPL AUDITOR
|
CONS-ENG CONSULTING
|
INSTR TECH & SAFETY
|
SECURITY OPS OFF
|
CONS ENGINEERING
|
L/H POLES
|
SNR ASSET ACC RESCUE
|
CONTRACT INSPECTOR
|
L/H VEH BODY BUILDER
|
SNR DSGN STRUC D/PRSN
|
CONTRACTS OFFICER
|
LANE COVE SUP OP
|
SNR EDITORIAL DESIGN
|
|
|
OFF
|
CO-ORD NET CLN & GR MNT
|
LINE INSPECTOR
|
SNR ELECTRICAL
|
|
|
DESIGNER
|
CUST OPS TECH FLD SUPP
|
LINEWORKER S/L
|
SNR ELEC SRV TECH
|
CUST SUPP SERV TECH
|
LINEWORKER S/L G&B
|
SNR ELEC SRV TECH
S/L
|
DEREG MGT CO-ORD
|
MAINS RECORDER S/L
|
SNR ELEC TECH
|
DESIGN SRV ENG OFF S/L
|
MAINT CO-ORD
|
SNR ENG SURVEYOR
|
DESPATCH CO-ORD S/L
|
MATERIAL & HAND OP
|
SNR INST INSP
|
DIST ENG ENG OFF S/L
|
MBL PRCH & PRTS DLV S/M
|
SNR LAB MAINS U/G
|
DIST OPER TRAINEE
|
MDA OPERATIONS
|
SNR SAFETY ADVISER
|
|
ANALYST
|
|
DIST OPERATOR (new)
|
MECH TECH
|
SNR SUBS TECH
|
DIST OPERATOR SNR
|
METER READER
|
SNR SUPP/SERV TECH
|
DRAFTING OFF NET
|
METER W/HOUSE SUP
|
SNR T/C TECH S/L 9
|
DIAGRAMS
|
|
|
EDITORIAL DESIGN OFF
|
METERING FLD CO-ORD
|
SNR TECH - CARP
|
ELEC SRV TECH
|
METERING OPS CO-ORD
|
SNR TECH - PLUMBER
|
EMERG SERV OFF S/L
|
METERING TECH
|
SNR TECH INST
|
ENG OFF
|
MOTOR MECH IN CHARGE
|
SNR TECHNICIAN
|
ENG OFF BUS DEV LVL
|
NEMS TECH OFF
|
SNR TRAINING OFF
|
ENG OFF COMM SERV
S/L
|
NET DEV ENG OFF S/L
|
SNR TRANSF SRV TECH
|
ENG OFF GDE 1 (INCR)
|
OPERATING SUPP ASST
|
SNR W/SHOP TECH
|
ENG OFF GDE 2 (INCR)
|
PLANT & MOT VEH INSP
|
SPEC METER RDR
|
ENG OFF PROJ & CONT S/L
|
PRINTER
|
SPEC SNR/SUP/SRV TCH
|
ENS CUS CONN SNR TECH
|
PROC OFF FOREST PROD
|
SSS ENG OFF S/L
|
ENS CUS CONN TECH
|
PROJ CO-ORD - FLD SERV
|
STOREMAN H/BUSH GAR
|
ENVIRO CIVIL WORKS OFF
|
PROJ CO-ORD - HUNTER
|
STRUCTURAL DRAFTS/PN
|
ESO
|
PROJ OFF EXT PROJ
|
SUB ENG ENG OFF S/L
|
ESO (POLE HOLE B/E OP)
|
PROJ OFF CONTR INSP
|
SUBS TECH
|
ESO (TRANS CABLE)
|
PROJ OFF NET PROC
|
SUPERINTENDENT
|
EXT CUST MTRNG OFF
|
PROJ OFF PRAC & PROC
|
SUPERVISOR
|
FACILITIES MGR NORTH
|
PROJ OFF STRUCTURAL
|
SUPT ASP COMPLIANCE
|
FIELD OFF ACCT RDNG
|
PROJ OFF SUBS CONSTR
|
SUPT CIV & BLDG SERV
|
SUPT COMM/TC & EXT CUST
|
SYS CONT DRAFT OFF S/L
|
TRAINING PROJECTS OFF
|
SUPT CUST SUPPLY S/L
|
SYS CONT ENG OFF S/L
|
TRAINEE SUBS TECH
|
SUPT ELEC SERVICES
|
SYS OP (W/END) S/L
|
TRAINEESHIP
|
SUPT FLD OPS
|
T/CONTROL TECH S/L
|
TRAINING OFFICER
|
SUPT FLD OPS & DOC
|
TCA ENG OFF S/L
|
TRANS CABLE JTR / TRNR
|
SUPT HV SERVICES
|
TEAM CO-ORD
|
TRANS CABLE TECH S/L
|
|
|
(Old)
|
SUPT O/H
|
TEAM CO-ORD MAJ
S&W
|
TRANS CIVIL INSPECTOR
|
SUPT PROT/TC
|
TEAM CO-ORD TRANS U/G
|
TRANS OIL TECH S/L
|
SUPT PROT/TC/VR
|
TECH - CARPENTER
|
TRANS SRV SNR TECH S/L
|
SUPT PROT/VR
|
TECH - PLASTERER
|
TRANS TECH S/L (Old)
|
SUPT SUBS
|
TECH - PLUM (ORD TIME)
|
TRANSF SRV TECH
|
SUPT TCA MET PROV S/L
|
TECH - PLUMBER (O/TIME)
|
TRANSPORT OFF S/L
|
SUPT TRAINING
|
TECH & TRG CO-ORD
|
V/REG TECH S/L
|
SUPT TRAN CABLE JTG LVL
|
TECH DATA,PLNS & DIAG OF
|
VEH BLD TECH (BDY/BLD)
|
SUPT TRAN CABLE SYS LVL
|
TECH INSTRUCTOR
|
W/SHOP ESO S/L
|
SUPT U/G
|
TECH OFF - OP STDS & TRG
|
W/SHOP PROD PLANNER
|
SUPT V/R
|
TECH OFF GDE 1 (INCR)
|
W/SHOP TECH
|
SUPT W/SHOPS
|
TECH OFF GDE 2 (INCR)
|
WALLSEND ASST SYS OP
|
|
|
(lwfa)
|
SUPV ENG OFF (VARIOUS)
|
TECH OFF GDE 3 (INCR)
|
WALLSEND OUT SCH OFF
|
|
|
(lwfa)
|
SUPV GEO INFO OFF
|
TECHNICAL OFFICER
|
WALLSEND SYS OPER (lwfa)
|
SURV GEO OFF S/L
|
TECHNICIAN
|
WAREHOUSE OFF EXT
|
|
|
SALES
|
APPENDIX 4 - CLASSIFICATIONS WITHIN THE CLERICAL & CONTACT CENTRE
GROUP
ADMIN & CLERICAL OFFICER GDE 1
ADMIN & CLERICAL OFFICER GDE 2
ADMIN & CLERICAL OFFICER GDE 3
ADMIN & CLERICAL OFFICER GDE 4
ADMIN & CLERICAL OFFICER GDE 5
ADMIN & CLERICAL OFFICER GDE 6
ADMIN & CLERICAL OFFICER GDE 7
ADMIN & CLERICAL OFFICER GDE 8
ADMIN & CLERICAL OFFICER GDE 9
ADMIN & CLERICAL OFFICER GDE 10
ADMIN & CLERICAL OFFICER GDE 11
ADMIN & CLERICAL OFFICER GDE 12
CONTRACTS ADMIN
CUSTOMER SERVICE REP
DEREG METERING CO-ORD
DEPOT RECORDER
FLEET BUS ANAL & SYS ADMIN
MESSENGER
SECURITY ATT
TELEPHONE ACCT REP
TELEPHONIST WALLSEND
APPENDIX 5 - CLASSIFICATIONS WITHIN THE PROFESSIONAL GROUP
ACCOUNTANT
ACCT EXEC
ACCT GDE 1 [INCR]
ACCT GDE 2 [INCR]
ACCT GDE 3 [INCR]
PROF OFF GDE 1
[INCR]
PROF OFF GDE 2 [INCR]
PROF OFF GDE 3
[INCR]
SNR A/C MGR INST
TCA PROC & CONTR CO-ORD
APPENDIX 6 - CLASSIFICATIONS WITHIN THE ENGINEER GROUP
ENGINEER BAND 1
ENGINEER BAND 2
ENGINEER BAND 3
SCHOLARSHIP
SCHEDULE 1 - PROFESSIONALS, MANAGERS AND SPECIALISTS AGREEMENT
2008
1. Parties
1.1 The Parties to
this Agreement are:
EnergyAustralia
Association of Professional Engineers, Scientists and
Managers Australia, New South Wales Branch [APESMA]
Public Services Association [PSA]
United Services Union: New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union
[USU]
2. Coverage and
Duration
2.1 The Agreement
regulates the terms and conditions of employment and rates of pay for current
and future employees who are covered by this Agreement, in addition to the
EnergyAustralia Agreement 2008. Where
this Agreement is silent, the EnergyAustralia Agreement 2008 conditions shall
apply. If there is any inconsistency
between this Agreement and the EnergyAustralia Agreement 2008, then this
Agreement shall prevail to the extent of the inconsistency. This Agreement shall operate in conjunction
with the relevant policies and procedures adopted by EnergyAustralia from time
to time.
2.2 The Agreement
shall be made for a period of two (2) years commencing 19 December 2008.
2.3 This Agreement
shall operate to regulate the terms and conditions of employment wherever
current and future. Employees covered
by the Agreement are employed by EnergyAustralia from time to time.
2.4 Employees in
positions covered by the Agreement who are redeployed to a lower graded
position shall have their salaries and benefits adjusted in line with
prevailing EnergyAustralia policy on salary maintenance.
2.5 No employee
shall be appointed or promoted to a position under this Agreement without first
going through a competitive selection process.
All positions will be the subject of selection by merit only and at the
sole decision of the employer. This clause,
at all times, is subject to the conditions and provisions of EnergyAustralia’s
Merit Appointment Policy.
3. Salary
3.1 Existing
employees covered by this Agreement shall be appointed to the Pay Points set
out below:
Level 1 - $120,166.00
Level 2 - $127,008.00
Level 3 - $137,500.00
On 19 December 2008, and 19 December 2009 employees
covered by the Agreement will receive base pay increases of 3.5%. The new rates of pay are set out below:
|
19/12/2008
|
19/12/2009
|
|
$
|
$
|
Level 1
|
124,372.00
|
128,725.00
|
Level 2
|
131,453.00
|
136,054.00
|
Level 3
|
142,313.00
|
147,294.00
|
3.2 The salaries in
3.1 above are payable for all purposes and are inclusive of all allowances and
hours of work other than:
3.2.1 Travel or living expenses
when working for EnergyAustralia. This
clause operates with respect to EnergyAustralia policy and procedure.
3.2.2 Reimbursement of
business related/educational expenses incurred in the course of employment with
EnergyAustralia.
3.2.3 Those entitlements
inferred under Clause 10 of this Agreement.
3.2.4 A weekly skills
retention allowance, payable for all purposes, for the term of this Agreement
only, ceases on 18 December 2010:
45.00 per week from 19 December 2008 and 50.00 per week
from 19 December 2009
3.2.5 Employees covered
by this Agreement are not entitled to EnergyAustralia Employee Day.
4. Salary Adjustment
4.1 Salary increases
received under this Agreement will be exactly the same as those received under the
EnergyAustralia Agreement 2008. The
increases will also occur on the same date.
4.2 Those employees
under this Agreement who receive a salary that is less than the nominated Pay
Point for their respective level will have their salary increased to that
level. New appointments to the
Agreement will be employed at one of the Pay Points above according to the
level of the position they are filling.
The Manager’s decision is final as to what Pay Point an employee is
appointed to.
4.3 Payment of
Remuneration
Salaries and employee nominated fringe benefits will be
paid fortnightly to those financial institutions nominated by the employee
(except in the case of hardship).
4.4 Employees
covered by this Agreement will be entitled to any increases in employer
sponsored superannuation as outlined under the EnergyAustralia Agreement 2008.
5. Fringe Benefits
5.1 Employees under
this Agreement shall have access to fringe benefits on the basis of salary
packaging arrangements. Any changes to
fringe benefits tax (FBT) rates or method of calculation will be passed on to
employees immediately.
5.2 Salary Packaging
is limited to the following items:
Motor Vehicle(s)
Superannuation
Child Care
Health Benefits
Mortgage
Laptop Computer
Income Protection
Other benefits as may become available from time to
time.
5.2.1 Employees are
responsible for meeting 100% of any FBT cost incurred through salary packaging.
5.2.2 Motor vehicle
arrangements are subject to the conditions and provisions of EnergyAustralia’s
Motor Vehicle Policy.
5.3 All salary
packaging arrangements must be prospective (i.e. forward looking) and all
arrangements must be provided in writing.
Similarly, salary packaging arrangements may be revoked upon provision
of written notice.
6. Performance
Agreements - Performance / Bonus Review
6.1 The employees in
positions covered by this Agreement will be entitled to receive an agreed
minimum remuneration in recognition of services for EnergyAustralia at an
agreed standard. Further, those employees
shall be entitled to receive additional remuneration for performance determined
by reference to key result targets.
6.2 Each year,
employees under this Agreement will be required to enter into a Performance
Agreement with their Manager. This
Performance Agreement will establish the key result areas/targets that the
employees will be measured against as part of their annual performance review.
6.3 Each position
covered by this Agreement will be the subject of a specific, individual job
description to which the key areas/targets will relate.
6.4 The formal
performance review will be held in July/August of each year and will be linked
to the performance management system of EnergyAustralia.
6.5 The employee’s
performance for the year will be assessed against the achievement of these
agreed key result areas/targets. Each
Performance Agreement will specify the level of achievement/performance and
dependent on the employee’s performance may result in the payment of additional
performance based remuneration to the employee.
The performance-based remuneration will be determined
by weighting based on company, divisional and individual performance
criteria. Those performance targets
will be agreed between the employee and the manager at the time of setting the
employee’s performance key result areas/targets.
6.6 Each Performance
Agreement will provide access to the performance-based remuneration where the
employee exceeds nominated performance targets.
6.7 The maximum remuneration
for any year will be determined according to the employee’s performance based
remuneration. The amount paid will
depend on the employee’s performance against established targets and key result
areas as agreed between the employee and their manager.
6.8 The maximum
performance based bonus achievable is set at 10% of base salary.
6.9 Completed
agreements must be submitted for registration with the senior manager and
Remuneration and Benefits Administrator at the beginning of each bonus assessment
year; being 1 July - 30 June.
6.10 Employees may
elect to have their bonus payments deferred up to a maximum of twelve (12)
months.
7. Profession,
Manager and Specialist
7.1 A
"Professional, Manager and Specialist" employee is an employee
designated by the Divisional Executive General Manager as such.
7.2 An employee
designated as a Professional, Manager and Specialist may enter into an
individual employment contract with EnergyAustralia.
7.3 This Agreement
will only apply to a Professional, Manager and Specialist contract employee for
the following:
Annual Leave
Sick Leave
Long Service Leave
Parental Leave
Personal/Carer’s Leave
Compassionate/Bereavement Leave
Career Break
Miscellaneous Employment Conditions
7.4 EnergyAustralia will
disclose the other terms of Professional, Manager and Specialist employment
contracts to the Agreement Parties on a commercial in confidence basis. The Parties may discuss the content and
operation of the arrangements from time to time.
7.5 The employment
contract for Professional, Manager and Specialist employees will include
provisions in relation to:
Remuneration and Remuneration Review Mechanism
Motor Vehicle(s)
Bonuses
Superannuation
Remuneration Packaging
7.6 Remuneration and
the remaining conditions for Professional, Manager and Specialist contract
employees will be contained within the individual contracts and have no
connection with this Agreement or any other Agreement covering EnergyAustralia.
7.7 Existing
employees of EnergyAustralia will have the option to remain on the
Professionals, Managers and Specialists Agreement, or accept promotion to the
relevant Agreement with coverage of the position. The Agreement remuneration level for Professional, Manager and
Specialist positions will be identified in position advertisements for all
internally advertised positions and will be advised on inquiry to internal
applicants who are applying for externally advertised positions.
8. Individual
Variations
8.1 Whilst based
upon a collectively bargained Agreement, the Parties to this Agreement
recognise that each of the positions covered by it are, and will increasingly
become, individually specialised and that employees have or may have a desire
to tailor their individual employment conditions within the context of this
Agreement and the collective bargaining between the Parties.
8.2 As part of this
Agreement an individual will have the option to vary his/her remuneration and
conditions of employment by agreement with the employer once during the term of
this Agreement, provided that the employee is not disadvantaged when his/her
remuneration and conditions are viewed as a whole against the unvaried
remuneration and conditions. This shall
specifically include but not be limited to variation of hours of work and
entitlements above statutory minimums.
8.3 All such
variations agreed between the employer and the employee will be notified to the
industrial organisation of which the employee is a member on a commercial in
confidence basis.
8.4 All variations
will expire upon the expiration of this Agreement.
8.5 Any disputes,
claims or grievances regarding variations will be subject to EnergyAustralia’s
Grievance Procedure or Clause 6 of the EnergyAustralia Agreement 2008 Dispute
Resolution.
8.6 All individual
Variations Agreements must be recorded in writing and will be made in
accordance with the agreed guidelines developed by the Parties to this
Agreement.
9. Hours of Work
9.1 Employees under
this Agreement shall work a sufficient number of hours to ensure their duties
are adequately performed. This will
involve 40 hours per week and will involve working eight (8) hours per day over
a five (5) day week.
9.2 Employees under
this Agreement are not entitled to Rostered Days Off.
10. Overtime
10.1 Overtime will
only be paid with the approval of the relevant Executive General Manager (or
their delegate). Where it is paid,
overtime will be paid in accordance with the provisions of the EnergyAustralia
Agreement 2008.
10.2 The employee and
their manager may agree to time off work without deduction from salary for
other than incidental overtime.
11. Duties as
Directed
11.1 The relevant
Executive General Manager may direct employees under this Agreement to carry
out such duties at their normal place of employment or other locations (by
consultation) as may be required from time to time provided that the duties are
within the employee’s skill, competence and training, satisfy any relevant
professional code of ethics and do not pose a substantial risk of death or
personal injury to any person.
12. Multiskilling of
Positions
12.1 The Parties to
this Agreement acknowledge that the interests of EnergyAustralia can be
enhanced by the redesign of specific positions and that multiskilling may be appropriate.
12.2 All employees
covered by this Agreement may be required by the employer to undertake a
reasonable and necessary level of training to facilitate the employee in
question being able to perform more and/or different functions and duties than he/she
may have performed in the past. This
requirement shall be commensurate with, and have regard to, the employee’s
training, skills and competence to perform such functions and duties to
satisfactory and safe standards.
13. Acting in
Positions
13.1 Employees who are
not employed in a job covered by this Agreement but who act in a position
covered by this Agreement shall be paid the salary for the position the
appropriate level of remuneration and shall work in accordance with the
conditions of this Agreement while acting.
EnergyAustralia Agreement 2008 employees who act in a Professionals,
Managers and Specialists Agreement position will not be entitled to either take
or accrue rostered days off during the period of so acting.
13.2 Employees who are
covered by this Agreement and act in another job covered by this Agreement
shall receive the appropriate salary for the job in which they are acting.
13.3 Employees who are
covered by this Agreement and who act in a senior contract position shall
continue under the conditions of this Agreement but shall be paid according to
the minimum remuneration for the said senior contract position or their current
rate, whichever is the greater.
Executive General Managers/ managers may review and set the higher grade
rate where applicable.
13.4 If an employee
takes any form of leave during the first 13 weeks of the acting higher grade,
the period of leave will not attract the higher rate of payment.
SCHEDULE 2 - ENGINEERS’ AGREEMENT 2008
14. Parties
14.1 The Parties to
this Agreement are:
EnergyAustralia
Association of Professional Engineers, Scientists and
Managers Australia, New South Wales Branch [APESMA]
Public Services Association [PSA]
15. Coverage and
Duration
15.1 This Agreement
provides coverage of EnergyAustralia Engineers.
15.2 The Agreement
regulates the terms and conditions of employment and rates of pay for current
and future engineers who are covered by this Agreement, in addition to the
EnergyAustralia Agreement 2008. Where this
Agreement is silent, the EnergyAustralia Agreement 2008 conditions shall
apply. If there is any inconsistency
between this Agreement and the EnergyAustralia Agreement 2008, then this
Agreement shall prevail to the extent of the inconsistency. This Agreement shall operate in conjunction
with relevant policies and procedures adopted by EnergyAustralia from time to
time.
15.3 The Agreement
shall be made for a nominal period of two (2) years commencing from 19 December
2008.
15.4 No employee shall
be appointed to a position under this Agreement without first going through a
competitive selection process. All
positions will be the subject of selection by merit only and at the sole
decision of the employer. This clause,
at all times, is subject to the conditions and provisions of the
EnergyAustralia’s Merit Appointment Policy.
16. Salary
16.1 Existing
employees covered by this Agreement shall be appointed to the salaries set out
below, as from 19 December 2008.
Band
|
Level
|
Salary 19/12/08
|
Salary 19/12/08
|
|
|
$
|
$
|
1
|
1
|
60,752.00
|
62,878.00
|
|
2
|
65,759.00
|
68,061.00
|
|
3
|
72,605.00
|
75,146.00
|
|
4
|
78,595.00
|
81,346.00
|
|
5
|
83,400.00
|
86,319.00
|
2
|
1
|
92,091.00
|
95,314.00
|
|
2
|
97,726.00
|
101,146.00
|
|
3
|
105,780.00
|
109,482.00
|
3
|
1
|
110,061.00
|
113,913.00
|
|
2
|
114,494.00
|
118,501.00
|
16.2 The tabled
salaries in 3.1 above are payable for all purposes and are inclusive of all
allowances other than:
16.2.1 Travel or living
expenses when working for EnergyAustralia.
This clause operates with respect to EnergyAustralia Agreement 2008 and
policy and procedure.
16.2.2 Reimbursement of
business related/educational expenses incurred in the course of employment with
EnergyAustralia. Employees should refer
to the relevant EnergyAustralia policies and procedures for more information in
respect of this clause.
16.2.3 Any entitlements
under Clause 8 of this Agreement.
16.2.4 On Call Allowances
as outlined in the EnergyAustralia Agreement 2008.
16.2.5 First Aid
Allowance as outlined in the EnergyAustralia Agreement 2008.
16.2.6 Meal Allowance as
outlined in the EnergyAustralia Agreement 2008.
16.2.7 Private Vehicle Usage
- ATO Rates as outline in the EnergyAustralia Agreement 2008.
16.2.8 A weekly skills
retention allowance, payable for all purposes, for the term of this Agreement
only, ceases on 18 December 2010.
45.00 per week from 19 December 2008
50.00 per week from 19 December 2009
17. Salary Adjustment
17.1 Salary increases
received under this Agreement will be exactly the same as those received under
the EnergyAustralia Agreement 2008. The
increases will also occur on the same date.
18. Progression
18.1 Engineers
appointed to Band 1 shall spend a minimum of twelve (12) months at each level
before being eligible to progress to the next level. A satisfactory Performance Development System ("PDS")
result (in accordance with Clause 10) is required each year in order to
progress. An engineer shall complete a
minimum of 18 months service in Band 1 before becoming eligible to apply for
advertised Band 2 positions. The
Executive General Manager may approve exceptions to the minimum service
requirement at Band 1.
18.2 Progression from
Band 1 to Band 2 will be by Merit Appointment only.
18.3 To progress from
Band 2 Level 1 to Band 2 Level 2 an engineer must be able to demonstrate two
(2) years service at Band 2 Level 1 and a satisfactory PDS result in both years.
18.4 To progress from
Band 2 Level 2 to Band 2 Level 3 an engineer must be able to demonstrate three
(3) years service at Band 2 Level 2 and a satisfactory PDS result in all three
(3) years.
18.5 Progression Band
2 to Band 3 will be by Merit Appointment only.
18.6 Employees deemed
Present Occupant Only will not be eligible to progress to Band 3 Level 2.
18.7 To progress from
Band 3 Level 1 to Band 3 Level 2 the engineer must be able to demonstrate three
(3) years service at Band 3 Level 1 and a satisfactory PDS outcome in all three
(3) years.
19. Performance
Development System
19.1 The performance
development process involves engineers and their manager determining what needs
to be done during the year, discussing progress, reviewing achievement and
giving feedback. Work plans are focused
on our corporate goals and single set of shared goals.
19.2 A formal
performance progress review should be carried out with the manager or
supervisor six (6) months after you have agreed your work plan objectives. The final performance review shall then be
carried out at the end of twelve (12) months.
The performance development system cycle operates on a financial year
basis.
20. Individual
Variations
20.1 As part of this
Agreement an individual will have the option to vary his/her remuneration and
conditions of employment by agreement with the employer once during the term of
this Agreement, provided that the employee is not disadvantaged when his/her
remuneration and conditions are viewed as a whole against the unvaried
remuneration and conditions. This shall
specifically include but not be limited to variation of hours of work and
entitlements above statutory minimums.
20.2 All such
variations agreed between the employer and the employee will, on request, be
notified to the industrial organisation of which the employee is a member on a
confidential basis.
20.3 All variations
will expire upon the expiration of this Agreement.
20.4 Any disputes,
claim or grievances regarding variations will be subject to EnergyAustralia’s
Grievance Procedure, or Clause 6 of the EnergyAustralia Agreement 2008.
20.5 All individual
Variations Agreements must be recorded in writing and will be made in
accordance with the agreed guidelines developed by the Parties to this
Agreement.
21. Overtime
21.1 This clause
refers to the Overtime Clause that appears in the EnergyAustralia Agreement
2008. Any changes to the aforementioned
EnergyAustralia Agreement 2008 Overtime Clause shall take effect in this
Agreement. Those people who are
required to perform other than incidental overtime will be paid at the
appropriate rate.
21.2 This clause
applies unless varied by an Individual Variation Agreement.
22. Secondment
22.1 An existing employee
covered by this Agreement may be employed under an individual contract of
employment for a specific period of time.
During that time the terms and conditions of the individual contract
will apply to the exclusion of this Agreement.
On termination of this period of time/contract the employee will revert
back to the employment conditions prescribed by this Agreement.
23. Duties as
Directed
23.1 The relevant
Executive General Manager may direct employees under this Agreement to carry
out such duties at their normal place of employment or other locations (by
consultation) as may be required from time to time provided that the duties are
within the employee’s skill, competence and training.
24. Multiskilling of
Positions
24.1 The Parties to
this Agreement acknowledge that the interests of EnergyAustralia can be
enhanced by the redesign of specific positions and that multiskilling may be
appropriate.
24.2 All employees
covered by this Agreement may be required by the employer to undertake a reasonable
level of training to enhance the employee’s skill level. This requirement shall be commensurate with
and have regard to the employee’s training, skills and competence to perform
such functions and duties to satisfactory and safe standards. Wherever a position is redesigned or
multiskilling of an existing position is identified as a desired outcome,
consultation with the affected work group/individual shall take place.
25. Acting in
Positions
25.1 Employees who act
in a position covered by this Agreement shall be paid the salary for the
position as described in Clause 3 and in accordance with the conditions of this
Agreement while acting.
25.2 Employees who are
covered by this Agreement and who act in a Senior Contract position shall
continue under the conditions of this Agreement but shall be paid according to
the minimum remuneration for the said Senior Contract position or their current
rate, whichever is the greater.
Executive General Managers/ managers may review and set the higher grade
rate where applicable. Engineers
Agreement employees who act in a senior contract position will not be entitled
to either take or accrue rostered day off during the period of so acting.
SCHEDULE 3 - ENERGYAUSTRALIA EXECUTIVE ASSISTANTS’ AGREEMENT 2008
26. Parties
26.1 The Parties to
this Agreement are:
EnergyAustralia
United Services Union: New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union
[USU]
Public Services Association [PSA]
27. Coverage and
Duration
27.1 This Agreement
provides coverage for current and future employees classified as Executive
Assistants to EnergyAustralia’s Managing Director, Executive General Managers
and the Corporate Secretariat.
27.2 The Agreement
regulates the terms and conditions of employment and rates of pay for current
and future employees who are covered by this Agreement, in addition to the
EnergyAustralia Agreement 2008 whilst this Agreement is in force this Agreement
shall operate in conjunction with the relevant policies and procedures adopted
by EnergyAustralia from time to time.
27.3 The Agreement
shall be made for a period of two (2) years commencing 18 December 2009.
27.4 Employees in
positions covered by the Agreement who are redeployed to a lower graded
position shall have their salaries and benefits adjusted in line with
prevailing EnergyAustralia policy on salary maintenance.
27.5 No employee shall
be appointed or promoted to a position under this Agreement without first going
through competitive selection process.
All positions will be the subject of selection by merit only and at the
sole decision of the employer. This
includes promotion or appointment that follows re-evaluation of a
position. This clause, at all times, is
subject to the conditions and provisions of EnergyAustralia’s Merit Appointment
Policy.
28. Salary
28.1 Existing
employees covered by this Agreement shall be paid the appropriate wage or
salary according to their approved Pay Point within the Administrative/
Clerical pay structure, including any access to Supplementary Pay Points as
managed separately by each Division.
28.2 Transferral from
EnergyAustralia Agreement 2008 to Agreement conditions involves the
relinquishing of Rostered Days Off (RDOs) for those employees who will meet the
standard hours of work as identified at Clause 6, depending on both the
business requirements and the individual’s needs. Due to the variation of terms required by employees covered by
this Agreement with regard to relinquished RDOs, details will be provided in an
Individual Variation Agreement, as set out at Clause 5.
28.2.1 An individual who
nominates to relinquish any RDOs through an Individual Variation Agreement will
have the compensatory amount added to their base salary.
28.2.2 Relinquished RDOs
will be compensated at ordinary time only.
28.3 The salaries in
3.1 above are payable for all purposes and are inclusive of all allowances and
hours of work other than:
28.3.1 Travel or living
expenses when working for EnergyAustralia.
This clause operates with respect to EnergyAustralia policy and
procedure.
28.3.2 Reimbursement of
business related/educational expenses incurred in the course of employment with
EnergyAustralia.
28.3.3 Any Individual Variation
Agreement made, as identified in Clause 5 of this Agreement, made in accordance
with the agreed guidelines development by the Parties to this Agreement.
29. Performance/Bonus
Review
29.1 The employees
covered by this Agreement are entitled to receive an agreed minimum
remuneration in recognition of services for EnergyAustralia at an agreed
standard. Further, those employees may
be entitled to receive additional remuneration for performance determined by
reference to key result areas.
29.2 The maximum
performance based bonus achievable is set at 10% of base salary as identified
in the Individual Variations Agreement.
29.3 Each year,
employees under this Agreement will be required to enter into a Performance
Agreement with their Manager. This Performance
Agreement will establish the key results areas/targets that the employees will
be measured against as part of their annual performance review.
29.4 Each position
covered by this Agreement will be the subject of a specific, individual job
description to which the key areas/targets will relate.
29.5 The formal
performance review will be held in July/August of each year and will be linked
to the performance management system of EnergyAustralia.
29.6 The employee’s
performance for the year will be assessed against the achievement of the agreed
key result areas/targets. Each
Performance Agreement will specify the level of achievement/performance and
dependent on the employee’s performance may result in the payment of additional
performance based remuneration to the employee.
29.7 The performance
based remuneration will be determined by weighting based on 20% divisional and
80% individual performance criteria.
Those performance targets will be agreed between the employee and the
manager at the time of setting the employee’s performance key result
areas/targets.
29.8 Each Performance
Agreement will provide access to the performance based remuneration where the
employee exceeds nominated performance targets.
29.9 The maximum total
remuneration, as identified by Clause 4.2, for any year will be determined
according to the employee’s performance based remuneration outcome. The amount paid will depend on the
employee’s performance against established targets and key result areas as
agreed between the employee and their manager.
29.10 Completed
Performance Agreements must be submitted for registration with the Managing
Director, Executive General Manager or Corporate Secretary, and the
Remuneration and Benefits Administrator at the beginning of each bonus
assessment year, being 1 July - 30 June.
29.11 Achievement of
performance related remuneration under this Agreement will operate in
accordance with EnergyAustralia’s bonus payment policy.
30. Individual
Variations
30.1 Whilst based upon
a collectively bargained Agreement, the Parties to this Agreement recognise
that each of the positions covered by it are and will increasingly become,
individually specialised and that employees have or may have a desire to tailor
their individual employment conditions within the context of this Agreement and
the collective bargaining between the Parties.
30.2 As part of this
Agreement an individual will have the option to vary his/her remuneration and
conditions of employment by Agreement with the employer once during the term of
this Agreement, provided that the employee is not disadvantaged when his/her
remuneration and conditions are viewed as a whole against the unvaried
remuneration and conditions. This shall
specifically include but not be limited to variation of hours of work and
entitlements above statutory minimums.
30.3 All such
variations agreed between the employer and the employee will be notified to the
industrial organisation of which the employee is a member on a commercial in
confidence basis.
30.4 All variations
will expire upon the expiration of this Agreement.
30.5 Any disputes,
claims or grievances regarding variations will be subject to EnergyAustralia’s
Grievance Procedure, or Clause 6 of the EnergyAustralia Agreement 2008 Disputes
Resolution.
30.6 All individual
variations must be recorded in writing and will be made in accordance with the
agreed guidelines developed by the Parties to this Agreement
31. Hours of Work
31.1 Employees under
this Agreement shall work a sufficient number of hours to ensure their duties
are adequately performed. This will
involve 40 hours per week and will involve working eight (8) hours per day over
a five (5) day week, unless an Individual Variation Agreement establishes
otherwise.
32. Overtime
32.1 Overtime will be
paid at the discretion of the individual manager and in accordance with the
EnergyAustralia Agreement 2008.
32.2 Overtime will not
be claimed by nor paid to employees covered by this Agreement in the following
circumstances:
32.2.1 When receiving
phone calls or responding to messages outside normal rostered workings hours or
during a rostered day off.
32.2.2 When providing
advice or finding solutions outside normal rostered working hours or during a
rostered day off.
32.2.3 When required to
adjust starting and finishing times to accommodate short term variance in work
demands.
33. Fixed Term
Employment
33.1 A fixed term
employee is one who is engaged for a fixed period of time. "Fixed Term Employment" is defined
as a period of employment for the duration of a specific project, or where it
is expected that there will not be a continuing need for the position. At the expiry of the term, the employee
shall no longer be employed. There is
no expectation that fixed term employment will be extended beyond the specified
duration or project.
33.2 Fixed term
employees shall be paid and be entitled to all the conditions under this
Agreement which are appropriate.
33.3 The Parties will
consult and reach agreement before appointments are made under this
clause. EnergyAustralia reserves the
right to review the need for the position at the end of the stated term of the
period of fixed employment.
33.4 Employees covered
by the classifications under the EnergyAustralia Agreement 2008 may be employed
under this provision on a fixed term basis.
On completion of the period of fixed term employment, the employee will
revert back to EnergyAustralia Agreement 2008 conditions of employment.
33.5 Any external
engagement(s) under this clause are subject to the exhaustion of internal merit
appointment alternatives and are for the purpose of providing coverage during
extended periods of leave which may be taken by the incumbent employee from
time to time.
33.6 Access to
performance based remuneration for employees engaged under this clause will be
determined by application of EnergyAustralia’s bonus payment policy to the
specific conditions of engagement.
34. Secondment
34.1 Where an
employee’s conditions of employment are covered by this Agreement, the employee
may be employed under an Individual Contract of Employment for a specific
period of time. On termination of this
period of time/contract the employee will revert back to the employment
conditions prescribed by this Agreement.
34.2 Where an employee
successfully applied for a seconded role covered by the EnergyAustralia
Agreement 2008, all relevant EnergyAustralia Agreement 2008 conditions and
rates of pay of the advertised role shall apply.
35. Duties as
Directed
35.1 The relevant Executive
General manager, Managing Director or Corporate Secretary may direct employees
under this Agreement to carry out such duties at their normal place of
employment or other locations (by consultation) as may be required from time to
time provided that the duties are within the employee’s skill, competence and
training, and satisfy any relevant professional code of ethics.
36. Competency
Development Framework
36.1 The Parties to this
Agreement acknowledge that the continuing development of the positions covered
by this Agreement is in the interest of EnergyAustralia and can be enhanced
through a competency framework to compliment the delivery of performance and
related remuneration and identify the areas of development for the individual
that may be appropriate.
36.2 The competency
framework will be aligned to the nationally recognised competency standards,
and comply with the National Qualifications Packing Rules in order to gain
recognised qualification(s), as established by the Australian National Trading
Authority.
36.3 All employees
covered by this Agreement may be required by the employer to undertake a
reasonable and necessary level of training to facilitate the employee in
question being able to perform more and/or different functions and duties than
he/she may have performed in the past.
This requirement shall be commensurate with, and have a regard to the
employee’s training, skills and competence to perform such functions and duties
to satisfactory and safe standards.
37. Acting in
Positions
37.1 Employees who are
not employed in a job covered by this Agreement but who act in a position
covered by this Agreement shall continue to be employed under the terms of
EnergyAustralia Agreement 2008, but shall be paid the salary for the position
at the base grade of the incumbent, without access to the additional
Supplementary Pay Points and shall work in accordance with the conditions of
this Agreement whilst acting.
37.2 EnergyAustralia
Agreement 2008 employees who act in a position covered by this Agreement are
entitled to accrue all rostered days off which occur during the period of
acting, up to a maximum of twelve (12) months, in order to meet the hours of
work stipulated at Clause 6.
37.2.1 The employee may
elect to receive payment for all accrued RDOs, prior to returning to their
EnergyAustralia Australia 2008 position, subject to management approval. Such payment will be made at the base rate
paid whilst working under the conditions of this Agreement.
37.2.2 Alternatively the
employee may elect to utilise the balance of accrued RDOs as a form of leave,
within six (6) months of returning to their EnergyAustralia Agreement 2008,
subject to management approval.
37.2.2.1 Where an
employee has been acting in a position covered by this Agreement for the
maximum period of twelve (12) months then the election to utilise the balance
of RDOs as a form of leave must be within twelve (12) months of returning to
their EnergyAustralia Agreement 2008 position.
37.2.3 The above election
at 12.2.2 and 12.2.2.1 must be made prior to commencing in the acting position
covered by this Agreement and with the approval of the releasing manager.
37.3 Employees who are
covered by this Agreement and act in another job covered by this Agreement
shall receive the appropriate salary for the job in which they are acting.
37.4 Employees who are
covered by this Agreement and act in a senior contract position shall continue
under the conditions of this Agreement but shall be paid according to the
minimum remuneration for the said senior contract position or their current
rate, whichever is the greater.
Executive General Managers/ managers may review and set the higher grade
rate where applicable.
37.5 Where an employee
successfully applies to act in a position covered by the EnergyAustralia
Agreement 2008, all relevant EnergyAustralia Agreement 2008 conditions and rate
of pay of the acting role shall apply.
37.6 If an employee
takes any form of leave during the first 13 weeks of an acting higher grade,
the period of leave will not attract the high rate of payment.
37.7 Any application
of the performance based remuneration as identified at Clause 4 of this Agreement
shall be in accordance with the EnergyAustralia Bonus Payment Policy.
SCHEDULE 4 - ENERGYAUSTRALIA COMMERCIAL GRADUATE AGREEMENT 2008
38. Parties
38.1 The Parties to
this Agreement are:
EnergyAustralia
Association of Professional Engineers, Scientists and
Managers Australia, New South Wales Branch [APESMA]
United Services Union: New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union
[USU]
Public Services Association [PSA]
39. Coverage and
Duration
39.1 The Agreement
totally regulates the terms and conditions of employment and rates of pay for
current and future employees who are covered by this Agreement, in addition to
the EnergyAustralia Agreement 2008 whilst this Agreement is in force. This Agreement shall operate in conjunction
with the relevant policies and procedures adopted by EnergyAustralia from time
to time.
39.2 The Agreement
shall be made for a period of two (2) years commencing 19 December 2009.
39.3 This Agreement
shall operate to regulate the terms and conditions of employment of current and
future employees covered by the Agreement whose letter of appointment states
their employment classification to be that of a Commercial Graduate.
39.4 If a Commercial
graduate is appointed to an established position within EnergyAustralia their
terms and conditions will cease to be covered by this Agreement and will
thereafter be covered by the relevant Agreement covering the classification or
position occupied.
40. Declaration
40.1 The Parties
declare that the arrangements contained in this Agreement are intended to be
unique pay and conditions arrangements for a small number of employees to be
employed as part of a Commercial Graduate Program.
40.2 The Parties
declare that it is not their intention to promote these arrangements as being
suitable for employees other than Commercial Graduate Program employees.
41. Salary
41.1 First Year - On
Commencement - $49,399.52
41.2 Second Year -
subject to satisfactory performance assessment - to a maximum of $54,339.47
41.3 The salaries in
4.1 and 4.2 above are payable for all purposes and are inclusive of all
allowances and hours of work other than:
41.3.1 Travel or living
expenses when working outside EnergyAustralia’s supply area.
41.3.2 Reimbursement of
business related/educational expenses incurred in the course of employment with
EnergyAustralia.
41.4 Progression
beyond the salary in 4.1 above is subject to satisfactory performance against
agreed Key Result Areas, negotiated between the employee and supervisor.
42. Hours of Work
42.1 Employees under
this Agreement shall work a sufficient number of hours to ensure their duties
are adequately performed. This will
normally involve work over a five (5) day week, eight (8) hours per day, Monday
to Friday. Ordinary hours of work will
not exceed 40 per week averaged over 52 weeks.
42.2 The start and
finish times shall be agreed with each employee and shall be flexible enough to
meet both their personal needs and the needs of the job and the customers.
42.3 Employees are
entitled to unpaid break of 30 minutes per day. The exact timing and duration shall be agreed on an ad hoc basis
to meet both the employee’s needs and the needs of the job and the customers.
42.4 Employees can be
grated time off in lieu of additional hours worked with the agreement of their
manager. Any additional hours worked
shall be reasonable in light of the rates of pay involved.
43. Overtime
43.1 Any additional
hours worked shall not be paid separately. Individual employees and individual managers shall agree on time
in lieu where appropriate.
44. Public Holidays
44.1 Employees are
entitled to be absent from work without loss of ordinary pay for any day which
is gazetted as a Public Holiday for the areas in which they would normally
work.
44.2 Employees under
this Agreement are not entitled to EnergyAustralia Employee Day.
45. Terms of
Employment
45.1 Notice of
Termination
45.1.1 EnergyAustralia
shall give an employee four (4) weeks of notice or payment in lieu:
45.1.1.1 This
period of notice given by EnergyAustralia is increased by one (1) week if the
employee is over 45 years of age and has completed at least two (2) years of
continuous service with EnergyAustralia.
45.1.1.2 This
shall not limit EnergyAustralia’s right to dismiss an employee without notice
for serious misconduct.
45.1.1.3 Employees
shall provide EnergyAustralia with not less than four (4) weeks notice of
termination or forfeit four (4) week’s wages in lieu.
45.2 If an employee is
absent without notifying EnergyAustralia for a continuous period of five (5)
working days without reasonable cause, they will be considered to have
abandoned their employment and may be dismissed effective from the last day
actually work.
45.3 The decision to
dismiss an employee shall rest with the Executive General Manager.
45.4 Money cannot be
deducted from an employee’s pay without written authority from the employee
except where an employee resigns and annual leave has been taken in advance but
has not yet accrued on a pro rata basis.
45.5 Employees are not
entitled to pay in the following circumstances:
45.5.1 Where an employee
is absent without authorisation, or
45.5.2 Where an employee is
absent due to sickness but has no entitlement to paid sick leave.
45.6 Suspension
without pay for an appropriate time may be applied as an alternative to
dismissal. This should be discussed
with the employee and the relevant union before a final decision is made.
45.7 The
EnergyAustralia redundancy policy applies to individuals under this Agreement.
46. Duties as
Directed
46.1 The relevant
Executive General Manager may direct employees under this Agreement to carry
out such duties at their normal place of employment or other locations as may
be required from time to time provided that the duties are within the
employee’s skill, competence and training, and satisfy any relevant
professional code of ethics and do not pose a substantial risk of death or
personal injury to any person.
47. Miscellaneous
Conditions of Employment
47.1 Death of Employee
On the death of an employee, all their outstanding
entitlements and accruals will be paid to their estate.
47.2 Further Education
Expenses
Compulsory text books and self education expenses will
be 100% refundable, subject to on going satisfactory work performance and
successful completion of all subjects.
R.
W. HARRISON D.P.
____________________
Printed by the
authority of the Industrial Registrar.