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New South Wales Industrial Relations Commission
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Energy Australia Consent Award 2008
  
Date08/28/2009
Volume368
Part4
Page No.1532
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C7112
CategoryAward
Award Code 602  
Date Posted08/27/2009

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SERIAL C7112

 

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.

 

 

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