(1892)

SERIAL C7113

Integral Energy Award 2008

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Integral Energy.

(No. IRC 2308 of 2008)

Before The Honourable Mr Deputy President Harrison

30 June 2009

AWARD

Table of Contents

1. Application and Operation of the Award

1.1 Objects of the Award

1.2 Term of the Award

1.3 Coverage of the Award

1.4 Intent and Commitment

1.5 Commitments of the Parties

1.6 Relationship of this Award to other Agreements and Awards

1.7 No Extra Claims other than in accordance with this Award

1.8 Definitions

1.9 Competency Based Progression System

1.10 Consultation for next Award

2. Consultation and Communication

2.1 Consultative Committee Formation

2.2 Consultative Committee Objectives

2.3 Disputes

3. Work Practice Change

3.1 Continuous Improvement and Best Practice

3.2 Change Following Consultation

3.3 Assessment Criteria

3.5 Areas of reform being addressed

3.6 Disputes

4. Contract of Employment

4.1 Duties of Integral Energy

4.2 Duties of Employees

4.3 Obligation to Use Skills

4.4 Categories of Working Environment

4.5 Categories of Employment

4.6 Wages, Salaries and Superannuation

4.7 Superannuation

4.8 Apprentices and Trainees

4.9 Equal Employment Opportunity

4.10 Anti-Discrimination

4.11 Payment of Termination Pay to Next of Kin

4.12 Termination of Employment

4.13 Safety Clothing and/or Equipment

4.14 Probationary Periods

4.15 Protection of Rate of Pay

4.16 Working Reasonable Overtime

4.17 Deductions from Wages

4.18 Calculation of Service

5. Enterprise Flexibility

5.1 Object of the Clause

5.2 Employees not disadvantaged

5.3 Workplace Arrangements will continue

5.4 Basis of Reaching Agreement

5.5 Force of the Arrangements

5.6 Disputes

6. Hours of Work

6.1 Ordinary Hours

6.2 Starting and finishing times

6.3 Rostering of Ordinary Working Hours

7. Penalty Rates

7.1 Overtime

7.2 Shift Work

7.3 Change of Roster

7.4 On Call and Stand By

8. Electrical Safety Rules Allowance

8.1 Payment of Allowance

8.2 Trade Classifications

8.3 Pro-rata Safety Rules Allowance

9. Transfer of Headquarters

9.1 Normal journey

9.2 Permanent or temporary transfer

10. Annual Leave

10.1 Basis of Accruing Annual Leave

10.2 Basis of Taking Annual Leave

10.3 Quantum and Loading

10.4 Taking Annual Leave

10.5 Accrual of Annual Leave

10.6 Payment on Termination

11. Public Holidays

11.1 Entitlement to Public Holidays

11.2 Alternate Religious Beliefs

11.3 Non Payment of Public Holidays

12. Long Service Leave

12.1 Quantum

12.2 Taking Long Service Leave

12.3 Payment on Termination

12.4 Recognition of Service for Long Service Leave

13. Bereavement Leave

14. Parental Leave

14.1 Entitlement

14.2 Maternity Leave

14.3 Paternity Leave

14.4 Adoption Leave

14.5 Limitations

14.6 Employer /Employee Obligations in regard to Parental Leave

15. Absence Benefits Scheme

15.1 Purpose for sick leave

15.2 Sick leave granted

15.3 Sick leave not granted

15.4 Sick Leave and Public Holidays

15.5 Infectious Diseases

15.6 Sick Leave Forms

15.7 Re-crediting of Annual Leave and Long Service Leave

15.8 Medical Certificates and Statutory Declarations

15.9 Notification

16. Family/Carers Leave

16.1 Use of sick leave

16.2 Unpaid leave for Family Purpose

16.3 Single day absences on annual leave for family/carers leave

16.4 Family/carers entitlement for casual employees

16.5 Family/Carers leave - use of annual leave

17. Jury Service

18. Safety At Work

18.1 Parties Obligations

19. Work Related Accident

19.1 Evaluation of a Claim

19.2 A Denied Claim

19.3 Accident Pay

20. Secure Employment

20.1 Objective of this Clause

20.2 Casual Conversion

20.3 Occupational Health and Safety

20.4 Disputes regarding the Application of this Clause

21. Temporary Reclassification

22. Disputes

22.1 Objectives

22.2 Three Tiered System

22.3 Responsibilities of those Involved in Resolving the Dispute

22.4 Referral Agreement

23. Salary Sacrifice

24. Union Delegates Rights

24.1 Role of Union Delegates

24.2 Rights of Union Delegates

25. Relationship to Previous Agreements

26. Leave Reserved

Appendix A - Common Pay Points

Appendix B - Allowances

Appendix C - Benefits of Employees Employed Prior to 27 July 1996

1. Long Service Leave

2. Experience / Maturing Allowance

3. Agreement Special Leave

4. Sick Leave (pre 15 February 1993)

Appendix D - Agreements to be consolidated under Clause 1.6

1. Application and Operation of the Award

1.1 Objects of the Award

The objects of the Award are:

(a) to outline the basic conditions relating to the work performed by the employees of Integral Energy;

(b) to enable Integral Energy to meet the challenges of a competitive electricity market; and

(c) to give employees the greatest possible chance of employment security, through the ability to adapt to a changing environment.

1.2 Term of the Award

The Award shall operate from 24 December 2008 until 24 December 2010 inclusive.

1.3 Coverage of the Award

1.3.1 The parties to the Award are:

(a) Integral Energy Australia;

(b) Electrical Trades Union of Australia, New South Wales Branch;

(d) Association of Professional Engineers, Scientists and Managers, Australia;

(e) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

(f) Australian Workers Union; and

(g) Australian Services Union.

("collectively, Unions.")

1.3.2 The Award shall be applicable to Integral Energy and its employees, other than those employed in contract positions.

1.3.3 An employee who has been offered and has accepted an individual employment contract will be employed in a contract position.

1.3.4 Integral Energy reserves the right to offer individual employment contracts for any position in the organisation subject to the following:

(a) The parties acknowledge that, subject to clause 1.3.4(b), employment in positions evaluated with a range Manager/Specialist 9-13 and above will only be offered subject to entry into a fixed or open term employment contract.

(b) Continuing employees who are employed as at the date of this Award in positions evaluated with a range Manager/Specialist 9-13 and above may elect to remain on their current employment arrangements for as long as they continue to occupy their present positions.

(c) Continuing employees who are employed as at the date of this Award in positions evaluated with a range below Manager/Specialist 9-13 have the right to refuse the offer of a fixed or open term employment contract and their employment will continue to be subject to this Award.

1.4 Intent and Commitment

Intent

This Award is based on the understanding that Integral Energy and its employees have an obligation to serve the people of New South Wales by providing a high standard of service in the most efficient way. As part of its obligations, Integral Energy is committed to the continued development of its skilled workforce to provide an effective service and job security for its employees.

Commitment

The employees of Integral Energy are committed to:

(a) Working together towards achieving Integral Energy's vision of generating performance through innovation.

(b) Achieving success through values of:

We provide excellent customer service;

We live and work safely;

We deliver outstanding business success;

We promote high achievement;

We behave with respect and integrity.

(d) Only using information of a commercial or confidential nature in an authorised manner.

(e) Subject to clauses 1.4, 2 and 3, implementing work practices that:

(i) provide for more co operative work arrangements;

(ii) improve competitiveness, efficiency, flexibility and productivity; and

(iii) assist positively to enable Integral Energy to be a low cost, reliable supplier of electricity.

1.5 Commitments of the Parties

Integral Energy, its employees and the unions representing their members are committed to:

(a) the Objects of this Award; and

(b) the Strategic and Business Plans of Integral Energy.

1.6 Relationship of this Award to other Agreements and Awards

1.6.1 In this Award "Core Award" means Clauses 1 to 26 of this Award.

1.6.2 This Award is to be read in conjunction with the Awards and Workplace Arrangements listed at Schedule D.

1.6.3 The parties commit to renegotiate, consolidate and present in plain English all conditions of employment that are contained in the Workplace Arrangements. This process may be completed within twelve (12) months from the commencement of this Award.

1.6.4 Any dispute(s) in relation to this clause may be referred to clause 22 (Disputes) of this Award by any Party.

1.7 No Extra Claims other than in accordance with this Award

It is a term of this Award that the parties to this Award undertake that for the period of the duration of the Award that they will not pursue any extra claims.

1.8 Definitions

1.8.1 "Ordinary Week’s Pay" means an employee's ordinary week’s pay is their rate of pay for their ordinary hours of work plus any allowances which are paid on a normal weekly basis.

1.8.2 "Act" means the Industrial Relations Act 1996 (NSW).

1.9 Competency Based Progression System

The parties are committed to maintaining the Competency Based Progression System which was introduced in 2005. Variations to the system will be made using a consultative process.

1.10 Consultation for next Award

Negotiations will commence with the relevant parties 6 months before the expiry of this Award for a replacement Award.

2. Consultation and Communication

2.1 Consultative Committee Formation

Integral Energy will form Consultative Committees from time to time consisting of representatives of Integral employees, the Unions and Integral Energy management. During the term of this Award, any proposed amendment to an Integral Energy policy (other than in direct response to a statutory obligation) that will materially impact employees will be subject to consultation using Consultative Committees.

2.2 Consultative Committee Objectives

The objectives relate to major and strategic issues that may affect the relationship between Integral Energy and its employees and include:

to enable Integral Energy to keep its employees, and the unions representing them, informed;

to enable unions and their members to keep Integral Energy informed;

to enable employees to have input into the decisions of management; and

to facilitate the exchange of views between employees and management.

2.3 Disputes

At any time during the process outlined in this clause either party may refer the matter to the Dispute Settlement Procedure (Clause 22 of this Award) for resolution.

3. Work Practice Change

3.1 Continuous Improvement and Best Practice

Integral Energy seeks continuous improvement and best practice in all that we do. Employees commit to actively supporting and contributing to the "process" of change.

3.2 Change Following Consultation

Any change will only occur following the consultation process outlined in clause 2.

3.3 Assessment Criteria

Assessment criteria will include, but is not limited to safety, hardship, workload and any other legislative requirements.

3.5 Areas of reform being addressed

The areas of reform to be addressed during the life of this Award include:

(a) Introduction of afternoon shift by volunteers

(b) Alternate shift rosters for planned works which may be achieved via Clause 5 of this Award or other agreed arrangements

(c) Removing demarcation on network switching for qualified Integral Energy staff (note the review of the current field switching agreement)

(d) Contesting bulk lamp change and meter reading functions involving consultation with the Contracting Consultative Committee (CCC)

(e) Call Centre

(f) Management of excess leave accruals

(g) Review of administrative tasks to ensure best practice as per Clause 1.4

(h) Network automation

(i) An investigation of District Operators switching of protection link isolators and the effect on the safety and network reliability

3.6 Disputes

At any time during the process outlined in this clause either party may refer the matter to the Dispute Settlement Procedure (Clause 22 of this Award) for resolution.

4. Contract of Employment

4.1 Duties of Integral Energy

The duties of Integral Energy, consistent with the Award and other relevant legislation, include the following:

(a) to provide work;

(b) to pay for the work performed; and

4.2 Duties of Employees

The duties of employees, consistent with the Award and other relevant legislation, include the following:

(a) to work in a skilful and competent manner;

(b) to work in a manner which does not threaten the safety of themselves, work colleagues or the public;

(d) to obey lawful commands;

(e) to not act in a manner hostile to or against the interests of Integral Energy;

(f) to respect and maintain the confidentiality of certain information;

(g) to account for all moneys and property received in the course of employment;

(h) to make available to Integral Energy all inventions made in the course of employment; and

(i) to disclose to Integral Energy any information it has a right to know.

4.3 Obligation to Use Skills

An employee must perform work to the required competency of the skills for the position in which the employee works.

4.4 Categories of Working Environment

As required by Integral Energy, an employee’s work may be performed in an office; depot; workshop; in the field or other location remote from the office, depot, workshop; or in the employee’s home.

4.5 Categories of Employment

CATEGORY	DESCRIPTION	BENEFITS UNDER AWARD
Permanent / Full	Continuing tenure based on full time	Full extent of relevant benefits
time	hours
Fixed term / Full	Fixed term tenure based on full time	Full extent of relevant benefits
time	hours (where circumstances warrant	according to the period of employment
	the tenure may be extended for a
	limited extra period)
Permanent / Part	Continuing tenure based on regular	All relevant benefits on a pro-rata (part
time	but less than full time hours.	time hours as a proportion of the full time hours) basis
Fixed term / Part	Fixed term tenure based on regular	All relevant benefits on a pro-rata (part
time	but less than full time hours (where	time hours as a proportion of the full
	circumstances warrant the tenure may	time hours) basis according to the
	be extended for a limited extra	period of employment
	period)
Casual	Casually engaged - working irregular	The relevant hourly rate according to
	hours and/or for a limited period of	the appropriate classification plus 23%
	time to meet short term needs	(casual employee loading) for each
		hour worked.
		A minimum of 4 hours will apply.
		The casual employee loading is in
		compensation for all Award benefits
		other than overtime, below

4.5.1 A part time employee who agrees to work additional hours will be paid single time for those additional hours up to the equivalent full time hours. The pro rata accrual of leave will be adjusted for those additional hours.

4.5.2 Where a part time employee is instructed to work greater than 8 hours per day, they will be paid the relevant overtime rate.

4.5.3 The span of hours shall be in accordance with clause 0.

4.5.4 Where a casual employee is instructed to work greater than 8 hours per day, they will be paid the relevant overtime rate. These overtime rates shall be in lieu of the casual employee loading.

4.5.5 The span of hours shall be in accordance with clause 0.

Wages, Salaries and Superannuation

Integral Energy will allocate a pay point to each employee. The pay points are set out in Appendix A to this Award.

4.6.2 The rates of pay contained in Appendix A of this Award include the adjustments payable under the State Wage Cases of 2003 and 2004. These adjustments may be offset against:

any equivalent over-Award payments; and/or

Award wage increases since 29 May 1991 other than the safety net, State Wage Case and minimum rates adjustments.

4.6.3 Integral Energy will increase rates of pay by the following:

(a) 3.5% payable on 24 December 2008;

(b) 3.5% payable on 24 December 2009

4.6.4 All employees covered by this Award will receive an 1% increase to their employer superannuation contribution in addition to their existing arrangements effective from 24 December 2008 with a further 1% increase effective from 24 December 2009.

4.6.5 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 Award, the Integral Energy additional increases stated above will not be absorbed by any future government increases.

4.7 Superannuation

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

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

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

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

4.8 Apprentices and Trainees

4.8.1 The conditions of this Award shall apply to apprentices and trainees during the period of their traineeship or apprenticeship.

4.8.2 A traineeship or apprenticeship may not provide for continuing employment upon completion of the indentured period.

4.8.3 An offer of continued employment would be based on the staffing requirements of Integral Energy and the satisfactory performance of the apprentice or trainee.

4.9 Equal Employment Opportunity

4.9.1 Integral Energy is an Equal Opportunity Employer.

4.9.2 Integral Energy and its employees will work together to achieve the objective of a work environment which is free from discrimination or harassment in the workplace and where all people treat, and are treated, with respect.

4.9.3 Integral Energy is committed to providing equal remuneration and conditions of employment for work of equal or comparable value.

4.10 Anti-Discrimination

4.10.1 It is the intention of the respondents to this Award to achieve the principal object in s.3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

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

4.10.3 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.

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

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

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

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

4.10.5 Consistent with Anti-Discrimination and Equal Employment Opportunity principles, workplace harassment, including bullying is not acceptable. Any incidents of workplace harassment/bullying will be managed in accordance with Clause 22 Disputes.

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

4.11 Payment of Termination Pay to Next of Kin

Employees may authorise Integral Energy to pay their termination pay to a person nominated by them on the appropriate form in the event of them dying whilst still in the service of Integral Energy.

4.12 Termination of Employment

4.12.1 The amount of notice, of termination of employment, to be given by an employee shall be two weeks.

4.12.2 If an employee's employment is terminated for reasons other than those justifying summary dismissal, the amount of notice which will be given by Integral Energy will be as follows:

Amount of Employee's Service	Amount of Notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

NOTE: Where an employee is over 45 years of age with at least 2 years continuous service the amount of notice in the above table is to be increased by 1 week.

4.12.3 As an alternative to notice being given, compensation, in the form of an ordinary week’s pay, for each week of notice, may be paid instead.

4.12.4 Where circumstances warrant and by agreement, the required period of notice may be waived.

4.12.5 Summary Dismissal will apply where an employee has been guilty of serious misconduct. In this case an employee will be paid only up to the date of dismissal.

4.12.6 A contract of employment may be terminated as follows:

Type	Description
Resignation	Where an employee decides of their own free will to leave.
*Retirement	This is where the employee decides of their own free will to leave the
	workforce generally.
Dismissal	This is where Integral Energy decides that the employee should no longer be
	employed for a reason for which the employee is responsible.
*Redundancy	This is where Integral Energy decides that the position held by the employee no
	longer exists.
Abandonment	This is where an employee has been absent from his or her place of employment without notification or permission for a period of 5 working days or more.
*Retirement Ill Health	This is where a doctor certifies that an employee will never work again in
	accordance with the requirements of the superannuation fund.
*Death	Where an employee dies while employed by Integral Energy.

*Refer to Appendix C, Clause 2 for application of Experience/Maturing Allowance.

4.12.7 An employee who has been absent for a continuous period of 5 working days or more without the consent of Integral Energy or without notification will be treated as having abandoned their employment.

4.12.8 The employee will be given a period of 14 days of last attending to give a satisfactory explanation. The termination pay shall be up to the date of the employee’s last attendance.

4.13 Safety Clothing and/or Equipment

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

4.13.2 An employee who fails to comply with the above requirement may not be paid for the time taken to comply including travelling home to get the appropriate safety clothing or equipment.

4.14 Probationary Periods

4.14.1 The purpose of probationary periods is to enable both the employee and Integral Energy to determine the suitability of the employment relationship.

4.14.2 The probationary period served by employees shall be 3 months from the commencement of employment with Integral Energy. Upon satisfactory completion of the probationary period, the employee shall have his or her appointment confirmed.

4.14.3 If an employee does not satisfactorily complete the probationary period their employment may be terminated or the probationary period may be extended for a further 3 months. Where a probationary period is being extended, and the employee is a union member, Integral Energy will notify the relevant union organiser of the organisation’s intention to extend the probationary period.

4.14.4 Probationary periods shall be included as service in the position.

4.15 Protection of Rate of Pay

Employees may from time to time, as part of their employment with Integral Energy, be required to do work, consistent with their skills and competencies, for which a lower rate of pay is prescribed. Employees will continue to be paid their ordinary rate of pay.

4.16 Working Reasonable Overtime

4.16.1 Employees shall work reasonable overtime to meet the needs of Integral Energy.

4.16.2 Where possible employees shall be given reasonable notice of the overtime.

4.17 Deductions from Wages

4.17.1 Employees may request, in writing, for deductions to be made from their wages or salary for the purpose of contributions or payment approved by Integral Energy.

4.17.2 Employees may request in writing for deductions to be made from their wages or salary for the purpose of contributions to unions, which are parties to the Award.

4.17.3 Integral Energy may deduct from an employee's wages or salary payment for any time he or she was absent from work without permission.

4.18 Calculation of Service

Service with Integral Energy shall, in the main, be from the date of commencement to the date of termination inclusive according to the following:

Category	Detail
Included as Service	• Annual leave
	• Long service leave
	• Special leave with pay
	• Sick leave
	• Family / Carers leave
	• Special leave without pay specifically approved as being included as
	service
	• Time off with the Defence Force Reserve during employment
	• Period of absence under New South Wales workers compensation
	legislation.
NOT included as Service	• All periods absent from work not specifically approved as service
	• Parental leave (including maternity, paternity and adoption leave) (the
	period of absence does not break the continuity of employment)

5. Enterprise Flexibility

5.1 Object of the Clause

5.1.1 The clause is intended to facilitate agreements between management at all levels, and their respective staff, with the assistance of their union/s;

5.1.2 Enterprise agreements and workplace arrangements can be entered into to establish greater flexibility.

5.2 Employees not disadvantaged

5.2.1 The Award provisions shall form the base from which the "Workplace Arrangements", under this clause, operate.

5.2.2 There shall be no reduction in an employee’s ordinary rate of pay for the ordinary hours worked.

5.2.3 So as not to create hardship, where possible, the needs of individual employees shall be taken into account in formulating "Workplace Arrangements".

5.3 Workplace Arrangements will continue

Workplace Arrangements which were entered into under the Integral Energy Conditions of Employment Agreement 1997 and subsequent Awards, will continue in force until replaced by a new Workplace Arrangement made under this Award, as per clause 1.6.3.

5.4 Basis of Reaching Agreement

5.4.1 Discussions regarding proposals should encompass all relevant details, including:

(a) nature of work to be performed;

(b) how the work is to be performed;

(d) when the work is to be done;

(e) the basis on which payment, or otherwise, is to be made; and

(f) the time frame the Workplace Arrangement is to run.

5.4.2 Negotiations should be between the relevant manager with Human Resources assistance and the employees (or agreed representative of the employees) concerned plus an accredited union representative.

5.4.3 The final proposal will be put to a meeting of the employees directly concerned with the arrangement. A majority of these employees voting in favour of the proposal shall finalise the Workplace Arrangement.

5.4.4 The proposal will be documented into "agreement" form giving details of the following:

(a) the nature of the work to be covered by the arrangement;

(b) the classification/s to be performing the work;

(d) the part of Integral Energy from which the employees come;

(e) the basis on which the work is to be performed;

(f) the basis on which payment, or otherwise, is to be made to the employees;

(g) the parties to the arrangement (General Manager Human Resources, Manager, Employee/s and Union/s);

(h) the Award clause/s or provision/s the arrangement overrides; and

(i) the details of the meeting which approved the arrangement.

5.4.5 The employees directly affected will be given a copy of the arrangement.

5.4.6 The arrangement will then be formalised by signature and exchange of letters between Integral Energy and the relevant union/s.

5.5 Force of the Arrangements

The arrangements under this clause shall prevail over the Award and/or the enterprise agreement to the extent of the difference.

5.6 Disputes

Disputes arising from the arrangements shall be dealt with under the Disputes clause of this Award.

6. Hours of Work

6.1 Ordinary Hours

The arrangements relating to the ordinary hours of work of day workers shall be as follows:

Category	Arrangement
Ordinary Hours of Work:
‘Field’ staff	36 hours per week
‘Office’ staff	35 hours per week
Ordinary Days of Work	Monday to Friday inclusive
Span of Hours	6:00 am to 6:00 pm
Lunch Break	Not less than 30 minutes
	An employee directed to continue work beyond 5 hours after their starting
	time without a lunch break will be paid at the rate of time and one half until
	they have a lunch break.

6.2 Starting and finishing times

Starting and finishing times, within the span of hours, may be changed by agreement between Integral Energy and the employees affected (with support from the relevant union/s) to meet customer needs.

6.3 Rostering of Ordinary Working Hours

The basic rostering arrangement of ordinary hours of work shall be the nine-day fortnight.

7. Penalty Rates

7.1 Overtime

7.1.1 The following overtime penalties shall apply:

Overtime Situation	Penalty Applicable
Monday to Friday	First 2 hours at time and one half
	Additional hours at double time
Saturday (morning)	First 2 hours at time and one half
Saturday (afternoon)	Additional hours at double time
	All hours at double time
Hours in excess of ordinary	First 2 hours at time and one half
weekly hours	Additional hours at double time
Sunday	All hours at double time
Public Holiday (inside what	All hours at double time
would have been ordinary hours)	plus payment for the public holiday (or time in lieu for the day)
Public Holiday (outside what	All hours at double time and one half
would have been ordinary hours)
Pre-arranged Overtime on	Minimum of 4 hours at the appropriate penalty according to when it
Saturday, Sunday or Public	is worked
Holiday
Call Out	Minimum of 4 hours at the appropriate penalty according to when it is
	worked.
Core Sleeping Time	For any time worked (including call outs) between 12.00 midnight and4:00 am on a normal working day, one of the following options,
	by agreement, may apply:
	• delayed start time; or
	• early finish time; or
	• overtime if neither of the above.
Continuous overtime - both	Overtime hours worked are added together to determine when double
before and after the normal days	time is payable
work
Travelling Time	Time and one half - based on 2 minutes per kilometre, capped at 40
	kilometres each way.
Compulsory Break	Applies where the overtime worked is greater than 4 hours.
	An employee is entitled to a continuous break of 10 hours at some
	time between the end of one ordinary days work and the start of the
	next (that is, either before the overtime/call out or after it).
Break not taken	The employee shall not return to work until the ten-hour break has
	been taken unless directed to do so by their manager.
	If employee is not permitted to have compulsory break he or she
	shall be paid at double time until released from work.
Assumed Finishing Time	An employee shall have an assumed finishing time on the preceding
	day off to an ordinary shift that is the same as the finishing time of
	that ordinary shift.
	If the employee is required to work for a minimum of four hours
	between the assumed finishing time and the start of the ordinary shift
	they must have had a continuous ten-hour break either before or after
	the overtime.
	If the employee has not had a continuous ten hour break in that period they must have a delayed start to allow them
	to do so without loss of pay.

7.1.2 Meal breaks and allowances on overtime shall be as follows:

Situation	Benefit Applicable
Meal Break:

Length of Break	20 minutes for each break without loss of pay.
Frequency of Breaks	For overtime which is continuous with an ordinary days work:
	• after 1.5 hours of overtime worked;
	• after a total of 4 hours of overtime worked; and
	• after a total of 8 hours of overtime worked.
	(a maximum of 3 meal breaks)
	For overtime which is not continuous with an ordinary days work:
	• after 4 hours of overtime worked;
	• after a total of 8 hours of overtime worked; and
	• after a total of 12 hours of overtime worked.
	(a maximum of 3 meal breaks)
Meal Allowance	One meal allowance, for each meal break permitted as above (a
	maximum of 3 meal allowances also applies)
	As an alternative Integral Energy will provide a meal to an equivalent
	value.
	Refer Appendix B for the value of the meal allowance.
Maximum hours worked in a day	Where possible employees and their managers will, in recognition of
	their Occupational Health and Safety obligations, limit the total hours
	of work to 16 hours in any 24 hour period.

7.1.3 Time off in lieu of overtime worked will be as follows:

Aspect	Provision
Basis of the arrangement	Time off in lieu by agreement with the employee’s manager.
Basis of calculating the time in lieu	According to the penalty rates applicable to the overtime worked.
Taking of time in lieu	The employee is to take the time off within eight weeks of the
	overtime being worked or the overtime will be paid.

7.1.4 The parties agree to support and facilitate the clarification of leave in lieu and time in lieu and to ensure that employees take their leave in lieu entitlements in accordance with our agreement/workplace arrangements.

7.2 Shift Work

7.2.1 The following definitions apply:

Term	Definition
Shift work	Work carried out according to a roster that provides for 2 or more shifts per day and also requires them to rotate or alternate the shifts worked.
Night shift	Any shift finishing before but not later than 8.00am.
Afternoon shift	Any shift finishing after 6.00pm but not later than midnight.
Permanent afternoon	Working the same shift each afternoon or night without rotating with
or night shift	any other span of hours.
Meal Break	a 20 minute break taken as part of the shift at a time to meet work needs.

7.2.2 Shift workers who work regular shift work shall be paid a shift allowance of 15% for each shift worked (refer Appendix B) in addition to his or her ordinary rate of pay and weekend penalties. (A "week" shall mean 5 shifts).

7.2.3 Variations to the above have been made via formal Workplace Arrangement negotiations (Network Shiftwork Workplace Arrangement 2005 and CIC Shiftwork Workplace Arrangement 2007).

7.2.4 `Shift workers (including permanent afternoon or night shift workers) who work ordinary rostered shifts on a Saturday, Sunday or Public Holiday shall be paid as follows:

Working Day	Penalty Rate
Saturday	Time and one half
Sunday and Public Holiday	Double time

7.2.5 A shift worker who is rostered to work on a public holiday shall have a day added to his or her time in lieu leave balance.

7.2.6 A shift is said to be on a Saturday, Sunday or public holiday if the majority of the shift worked is on that day.

7.2.7 Situations attracting overtime will be paid as follows:

Situation	Penalty Applicable
Rostered Day Off	All hours at double time.
Recreation Day	The first 2 hours at time and one half and
	the remaining hours at double time.
Other Overtime	Refer clause 0 Overtime, above.

7.2.8 Situations not attracting overtime are as follows:

Situation	Description
‘Mutual Arrangement’ Shifts	Any extra hours worked as a result of mutual agreement between
	employees shall not attract overtime rates.
Customary Rotation of Shifts	The rotation of shifts inside a roster or the change over from one
	roster to another.

7.3 Change of Roster

7.3.1 Shift workers should normally be given at least five 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.

7.3.2 Where an employee is given less than five 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 this is not practical for the employee to be allowed time off within four weeks, the employee shall be paid for the extra shifts at double time.

7.3.3 These provisions do not apply to employees who are classified as relief shift workers.

7.3.4 This clause applies except where a local workplace arrangement or enterprise agreement is in place.

7.4 On Call and Stand By

7.4.1 With After Hours Emergency and/or Breakdown Service, the work performed by employees shall include:

(a) restoring continuity of supply to Integral Energy’s system and customers;

(b) returning to a safe and proper operating condition any plant and/or equipment which has failed or is likely to fail;

(c) performing maintenance work which is of such an urgent nature that if not carried out an interruption of supply may occur; and

(d) all aspects of consumer’s installation, plant, equipment or appliances which if not attended to or temporarily overcome, will cause distress, hardship or loss to the customer and/or other occupants of the premises.

7.4.2 An employee rostered on the on call and stand by roster is required to be available for emergency and/or breakdown work at all times, outside his or her usual hours of work.

7.4.3 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.

7.4.4 An employee may be required to attend any other calls which arise prior to returning home.

7.4.5 An employee shall not engage in an activity or make a commitment that will adversely affect their obligations when rostered on.

7.4.6 On call and stand by employees will be paid as follows:

Situation	Entitlement
On Call / Stand By Allowance	An employee shall be paid the On Call / Stand By Allowance for each
(Refer Appendix B)	day the employee is rostered on.
Time worked on a call	All time at double time.
	(a "call" shall be from the time the call is received to the time the
	employee has returned home)
Minimum payment	2 hours at double time.
Attending to the call	Employee to proceed directly to and from the call without unnecessary
	delay or deviation.
Work on Public Holidays	1 day shall be added to time in lieu for each public holiday worked.
Stand Down	An employee is entitled to a break of 10 hours at some time between
	the end of one ordinary day’s work and the start of the next (that is,
	either before the call out or after it).
	The employee shall not return to work until the ten hour break has been
Break not taken	taken unless directed to do so by their manager.
	If an employee is not permitted to have a compulsory break he or she
	shall be paid at double time until released from work.
Core Sleeping Time	For any time worked on calls between 12.00 midnight and 4:00 am on a
	normal working day, one of the following options, by agreement, may
	apply:
	• delayed start time; or
	• early finish time; or
	• overtime if neither of the above.

8. Electrical Safety Rules Allowance

8.1 Payment of Allowance

The Electrical Safety Rules Allowance is paid to employees appointed to electrical positions 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. Employees will be required to undergo periodic refresher training. Apprentice electricians are paid the allowance from the date they complete the Electrical Safety Rules Test. Paid for all purposes. (Appendix B - Allowances)

8.2 Trade Classifications

Employees in trade classifications (as defined) other than electrician are entitled to 80% of the Electrical Safety Rules Allowance paid to electricians.

8.3 Pro-rata Safety Rules Allowance

Pro-rata Safety Rules Allowance paid to Electricity Workers who have passed the Safety Rules Test. This allowance is calculated at 60% of the Electrical Safety Rules Allowance. To be known as Safety Rules Electricity Workers Allowance.

9. Transfer of Headquarters

9.1 Normal journey

An employee is required to make their own way to and from their normal headquarters each day.

9.2 Permanent or temporary transfer

Transfer situation	Provision
Transfer where employee	The excess travel resulting from an employee being transferred will be paid at
uses their own vehicle	the rate of $1.42 per kilometre for a maximum period of 6 months;
	OR
	a negotiated alternative arrangement.
Transfer where employee	The excess travel resulting from the employee being transferred will be paid
uses an Integral Energy	at the rate of $1.42 per kilometre (less the Integral Energy rate for private
vehicle	vehicle) for each kilometre for a maximum period of 6 months;
	OR
	a negotiated alternative arrangement.

The time component of the transfer of headquarters allowance will be linked to Award increases, and the vehicle component will be linked to the Australian Tax Office guidelines for casual car allowance for a vehicle over 2600cc.

10. Annual Leave

10.1 Basis of Accruing Annual Leave

The accrual of annual leave and long service leave shall be on the following basis:

Category of Employee

Basis of Accrual

35 hour week Employees

36 hour week Employees

35 hour week ¸ 5 days = 7 hours per day

36 hour week ¸ 5 days = 7.2 hours per day

10.2 Basis of Taking Annual Leave

Leave taken by employees shall be deducted from the employee’s leave balance and calculated on the basis of his or her rostering of work.

10.3 Quantum and Loading

The following quantum annual leave shall be granted to an employee after each year of service:

Category of Employee	Leave	Loading
Normal day workers and 5 day	4 weeks	Included in employee’s
shift workers	(140 hours or 144 hours )	Ordinary rate of pay
6 day shift workers	4.5 weeks	Included in employee’s
	(157.5 hours or 162 hours)	Ordinary rate of pay
7 day shift workers	5 weeks	Included in employee’s
	(175 hours or 180 hours)	Ordinary rate of pay

10.4 Taking Annual Leave

Situation	Requirement
Taking Annual Leave	In one or two separate periods by mutual agreement within 12 months of
	the leave falling due.
	The number of periods may be varied by mutual agreement with the
	employee’s manager.
	Annual leave of less than 1 week may be taken with approval of the
	employee’s manager.
Notification of taking	Employee: 2 weeks notice
Annual Leave	(this may be waived in special circumstances by agreement)
	Integral Energy: 4 weeks notice
Leave in Advance	Where the employee is allowed to take leave in advance, the payment shall
	be regarded as an over-payment (and may be recovered from the
	employee’s termination pay) until further accrual of leave covers the
	amount taken in advance.

10.5 Accrual of Annual Leave

10.5.1 Except as provided for below, an annual holiday is expected to be taken by an employee and will be given by Integral Energy before the expiration of the period 1 year after the date on which the right to take the annual leave accrued.

10.5.2 The above clause will not apply where an employee is accumulating annual leave up to 40 days (50 days for shift workers) for a special purpose. Examples of a special purpose include but are not limited to an overseas holiday or a family reunion.

10.5.3 Employees who have more than two year’s annual leave accrued will be notified by Integral Energy of the expectation to clear such excess accrual.

10.6 Payment on Termination

Situation	Entitlement
Less than 12 months Service	Proportion of the leave that would have fallen due upon completion of 12
	month’s service.
	Calculation of the proportion is based on the weeks and days service as a
	proportion of 48 weeks (47 weeks for 7 day shift workers).
More than 12 months Service	Any untaken leave plus a proportion of the forthcoming leave accrual.
	Calculation of the proportion is based on the weeks and days service as a
	proportion of 48 weeks (47 weeks for 7 day shift workers).

11. PUBLIC HOLIDAYS

11.1 Entitlement to Public Holidays

Employees of Integral Energy shall be entitled to the following public holidays without loss of pay:

New Years Day	Easter Monday	Labour Day
Australia Day	Integral Energy Employees Day	Christmas Day
Good Friday	Anzac Day	Boxing Day
Easter Saturday	Queens Birthday

11.2 Alternate Religious Beliefs

In order to recognise genuinely held non-Christian religious beliefs an employee may, where it meets customer needs and with the agreement of his or her manager, substitute public holidays listed above for those relevant to that religion.

11.3 Non Payment of Public Holidays

Employees shall not be entitled to payment for a public holiday or holidays if:

(a) they are absent on the normal working day before and the day after the public holiday or holidays;

unless

(b) they give the Chief Executive Officer or his or her nominee satisfactory evidence that the absence was due to a good and satisfactory cause.

12. Long Service Leave

12.1 Quantum

Basis of Accrual	Quantum
After 10 years	13 weeks (455 hours or 468 hours)
After 15 years	an extra 8.5 weeks (297.5 hours or 306 hours)
After 20 years	An extra 13.5 weeks (472.5 hours or 486 hours)
After each additional 5 years	An extra 13 weeks (455 hours or 468 hours)

12.2 Taking Long Service Leave

Situation	Requirement
Taking Long Service Leave	Integral Energy expects that Long Service leave be taken as soon as
	possible after the entitlement arises.
	Long Service leave may be taken In periods of not less than 4 weeks, by
	mutual agreement.
	Long Service leave may be taken at half pay in which case the employee is
	entitled to twice the duration of Long Service leave.
Notification of Taking	Employee: 1 month’s notice
Long Service Leave	Integral Energy: 1 month’s notice
	The amount of notice may be reduced by agreement between the employee
	and his or her manager.

12.3 Payment on Termination

Situation	Entitlement
Less than 5 years	Nil
5 Years or more service	Accrued long service leave on a pro-rata basis but only if the
BUT	reason for termination is:
Less than 10 Years Service	• Redundancy; or
	• Resignation due to domestic or other pressing necessity.
10 Years or more Service	Any untaken leave plus a proportion of the forthcoming leave
	accrual.
	Calculation of the proportion is based on the weeks and days
	service as a proportion of 48 weeks (47 weeks for 7 day shift
	workers).

12.4 Recognition of Service for Long Service Leave

Employees transferring to Integral Energy from a public service organisation or State Owned Corporation who have an entitlement to long service leave, will have the option to either have the long service leave paid out prior to commencing with Integral Energy, or transfer the accrued entitlement. Transfer of Long Service Leave will only be approved where the employee has an accrued entitlement and a cheque is forwarded from the employee’s previous employer to Integral Energy.

13. Bereavement Leave

13.1.1 An employee other than a casual employee shall be entitled up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in clause 13.1.3 below.

13.1.2 The employee must notify Integral Energy as soon as practicable of the intention to take bereavement leave and will, if required by Integral Energy, provide to the satisfaction of Integral Energy proof of death.

13.1.3 Bereavement leave shall be available to an employee in respect to the death of a person prescribed for the purposes of Family/Carer's Leave in clause 16.1.3 provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

13.1.4 An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

13.1.5 Bereavement leave may be taken in conjunction with other leave available under this Award. In determining such a request, Integral Energy will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

13.1.6 Bereavement leave entitlements for casual employees are as follows:

(a) Subject to evidentiary and notice requirements in 13.1.2, casual employees are entitled to be not available to work, or to leave work upon the death in Australia of a person prescribed in 13.1.3 of this clause.

(b) 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 (ie 2 days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) 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.

14. Parental Leave

14.1 Entitlement

14.1.1 An employee will be entitled to Parental Leave in accordance with the provisions set out below and the provisions of the Industrial Relations Act 1996 (NSW).

14.1.2 To be eligible for any of the Parental Leave provisions available under this clause, the employee must have 12 month continuous employment or 12 months regular employment in the case of a casual.

14.2 Maternity Leave

14.2.1 A female employee is entitled to an unbroken period of 52 (maximum) weeks of leave, of which 14 weeks (or 28 weeks at half pay) will be paid leave.

14.2.2 Of the fourteen weeks up to three weeks can be taken prior to confinement and a minimum of six weeks is compulsory leave to be taken immediately following confinement.

14.3 Paternity Leave

14.3.1 A male employee is entitled to an unbroken period of one week paid leave at the time of the birth of their child or other termination of pregnancy.

14.3.2 A further unbroken period of 51 weeks unpaid leave is available for them to be the primary care giver.

14.4 Adoption Leave

Any employee may take unpaid leave in connection with the adoption of a child under the age of 5 years up to a maximum of 52 weeks.

14.5 Limitations

14.5.1 An employee is not entitled to Parental Leave at the same time as his or her spouse is on Parental Leave. If the leave is taken at the same time, the leave entitlement is reduced by the period of leave taken by his/her spouse.

14.5.2 This does not apply to short (one week) Paternity Leave and short (three weeks) Adoption Leave.

14.6 Employer /Employee Obligations in regard to Parental Leave

14.6.1 Integral Energy must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

(a) The employee or the employee’s spouse is pregnant; or

(b) The employee is or has been immediately absent on parental leave.

The rights of Integral Energy in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

14.6.2 An employee entitled to parental leave may request the employer to allow the employee:

(a) to extend the period of simultaneous unpaid parental leave use of up to a maximum of eight weeks;

(b) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

14.6.3 To assist the employee in reconciling work and parental responsibilities:

(a) Integral Energy shall consider the request having regard to the employee’s circumstances; and

(b) 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 Integral Energy’s business. Such grounds might include: cost, lack of adequate replacement staff, loss of efficiency, and the impact on customer service.

14.6.4 The employee’s request and the employer’s decision made under this Award must be recorded in writing.

14.6.5 Where an employee wishes to make a request under this Award, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

14.6.6 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:

(a) make information available in relation to any significant effect the change will have on the status of responsibility level of the position the employee held before commencing on parental leave; and

(b) 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.

14.6.7 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.

14.6.8 The employee shall also notify the employer of change of address or other contact details which might affect the employer’s capacity to comply with paragraph 14.6.6(a)

15. Absence Benefits Scheme

15.1 Purpose for sick leave

To provide income protection in circumstances where the employee is not able to perform his or her work because of illness or personal injury; or needs to obtain appropriate medical advice and/or treatment for a personal illness or injury.

15.2 Sick leave granted

Paid sick leave will be provided to an employee if he or she is genuinely sick and unable to perform his or her duties.

15.3 Sick leave not granted

Sick leave shall not be granted in the following circumstances:

(a) where a payment is made for Accident Pay under this Award;

(b) where the employee receives payment from an organisation other than Integral Energy, in the form of income protection, as a result of participation in an outside activity; or

(c) where in the view of the Chief Executive Officer or his or her nominee the illness or injury resulted from a wilful act, misconduct or the negligence of the employee.

15.4 Sick Leave and Public Holidays

A public holiday that occurs during a period of sick leave taken by an employee shall not be counted as sick leave. However a Medical Certificate or Statutory Declaration will be required if an employee is absent due to illness either side of a public holiday.

15.5 Infectious Diseases

An employee who comes in contact with a person suffering from a contagious disease (where restrictions are imposed on that employee by law), as confirmed by a Doctor, and therefore cannot come to work may take sick leave.

15.6 Sick Leave Forms

Employees claiming sick leave must fill in the required sick leave form on the day they return to work, or their supervisor can complete the form when the staff member calls in sick.

15.7 Re-crediting of Annual Leave and Long Service Leave

In order for Long Service Leave or Annual Leave to be re-credited due to illness the following conditions must be met:

(a) the employee must be ill for a minimum of 5 consecutive working days or shifts and provide a Doctor’s Certificate covering the entire period;

(b) the employee must be able to demonstrate that as a consequence of the illness or injury their leave was disrupted; and

15.8 Medical Certificates and Statutory Declarations

A Medical Certificate or Statutory Declaration will be required if an employee is absent for more than two consecutive working days, or when a repeatable or excessive pattern of sick days develops.

15.9 Notification

Staff must notify their supervisor as soon as practicable, on the first day of absence, when they know they will not be able to attend work.

16. Family / Carers Leave

16.1 Use of sick leave

16.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 16.1.3 who needs the employee's care and support shall be entitled to use, in accordance with the sub-clause, up to 10 days sick leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day. Applications for carers leave in excess of 10 days need to be approved by the General Manager Human Resources on a case by case basis.

16.1.2 The employee shall, if required, 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. In normal circumstances an employee must not take Carer’s leave under this sub-clause where another person has taken leave to care for the same person.

16.1.3 The entitlement to use sick leave in accordance with this sub-clause is subject to:

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

(b) the person concerned being:

(i) a spouse of the employee; or

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

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

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

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

A. "relative" means a person related by blood; marriage or affinity;

B. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

C. "household" means a family group living in the same domestic dwelling.

16.1.4 An employee must, wherever practicable, give Integral Energy notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, 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 must notify Integral Energy by telephone of such absence at the first opportunity on the day of absence.

16.2 Unpaid leave for Family Purpose

An employee may elect, with the consent of Integral Energy, to take unpaid leave for the purpose of providing care and support of a member of a class of person set out in clause 16.1.3 above who is ill.

16.3 Single day absences on annual leave for family/carers leave

An employee may elect with the consent of Integral Energy, subject to the Annual Holidays Act 1944, to take annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

16.4 Family/carers entitlement for casual employees

16.4.1 Subject to the evidentiary requirements set out in 16.1.2 and the notice requirement set out in 16.1.4 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 subclause 16.1.3(b) 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.

16.4.2 Integral Energy 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 days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

16.4.3 Integral Energy must not fail to re-engage a casual employee because the employee accessed the entitlements provide for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

16.5 Family/Carers leave - use of annual leave

An employee with family/carers leave responsibilities may elect, with Integral Energy’s agreement, to take annual leave at any time within a period of 24 months from the date at which it falls due. Such applications should be made to the General Manager Human Resources.

17. Jury Service

SITUATION	PROVISION
Time spent on Jury Duty	Special leave with pay for the days and/or part days service on jury service.
Adjustment of employee’s pay	The employee’s pay will be adjusted by the amount the employee received from the court for his or her attendance

18. Safety at Work

18.1 Parties Obligations

18.1.1 The parties recognise that both Integral Energy and its employees have legislative obligations to ensure the workplace is safe.

18.1.2 Integral Energy’s primary concern is the health and safety of its employees, contractors, visitors and customers. The parties to this Award agree to share an ongoing commitment to promote the health, safety and welfare of all employees, contractors, customers and visitors and nothing in this Award shall be designed or applied in ways that reduce or diminish this objective.

18.1.3 Integral Energy’s duty extends to the following:

(a) Produce, via clause 2 (Consultation) of this Award, an occupational health and safety policy and a fatigue management policy;

(b) Provide or maintain a working environment and systems of work that are safe and without risks to health;

(c) Ensure that employees undertake their work in such a way that they do not present a danger to themselves, other employees or other persons on site;

(d) Provide information, instruction, training and supervision that may be necessary to ensure the health and safety of its employees at work; and

18.1.4 The employees’ duty extends (without limitation) to the following:

(a) Take reasonable care for the health and safety of all employees, contractors, customers and visitors who are at the workplace;

(b) Cooperate with Integral Energy in the implementation of any requirement imposed in the interests of health and safety;

(d) Recognise their obligation under Appendix B to implement Drug and Alcohol Testing.

19. Work Related Accident

An employee who suffers a work related injury within the meaning of the New South Wales workers' compensation legislation will be entitled to benefits provided by Integral Energy (a self-insurer) in accordance with the relevant legislation.

19.1 Evaluation of a Claim

19.1.1 To overcome employees facing financial hardship during the process of evaluating a claim, employees may elect to take sick leave.

19.1.2 Upon acceptance of the claim any sick leave taken by the employee will be re-classified as workers compensation leave.

19.2 A Denied Claim

Where a denied claim is settled or an agreement is made by the Workers Compensation Commission against Integral Energy the payment made by Integral Energy for sick leave shall be reimbursed by the employee from the settlement or Agreement.

19.3 Accident Pay

An employee who has received an injury shall, subject to this clause, be entitled to accident pay while their employment by Integral Energy and their entitlement to weekly payment for compensation pursuant to the Act for incapacity flowing from such injury continues, for a combined total period up to 52 weeks.

20. Secure Employment

20.1 Objective of this Clause

The objective of this clause is for Integral Energy to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in Integral Energy’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

20.2 Casual Conversion

(a) A casual employee engaged by Integral Energy on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six month shall thereafter have the right to elect to have his or her 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 subclause.

(b) Integral Energy shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

(c) Any casual employee who has a right to elect under paragraph 20.2(a), upon receiving notice under paragraph 20.2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to Integral Energy that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee Integral Energy shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer 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 through the disputes procedure at Clause 22.

(d) Any casual employee who does not, within four weeks of receiving written notice from Integral Energy, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(e) 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 Integral Energy.

(f) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 20.2(c), Integral Energy and the employee shall, in accordance with this paragraph, and subject to paragraph 20.2(c), discuss and agree upon:

(i) whether the employee will convert to full-time or part-time employee; and

(ii) 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 shall be consistent with any other part-time employment provisions of this award 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 his or her 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 his or her 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 the employer and the employee.

(g) Following an agreement being reached pursuant to paragraph (f), 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 through the disputes procedure at clause 22.

(h) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

20.3 Occupational Health and Safety

(a) For the purposes of this subclause, the following definitions shall apply:

(i) 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.

(ii) 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.

(b) Where Integral Energy engages a labour hire business and/or a contract business to perform work wholly or partially on Integral Energy’s premises, Integral Energy shall do the following (either directly, or through the agency of the labour hire or contract business):

(i) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

(ii) 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;

(iii) 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

(iv) 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.

(c) Nothing in this subclause 20.3 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.

20.4 Disputes regarding the Application of this Clause

20.4.1 Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the Disputes procedure at Clause 22.

20.4.2 This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

21. Temporary Reclassification

Temporary reclassification of employees will be on the following basis:

Situation	Requirement or Entitlement
Access to temporary	The manager must require the position to be filled and the employee
reclassification	carries out the full duties of the position.
Period of reclassification and
payment:

Minimum rate to be paid	The minimum rate applicable to the higher position

Minimum period	1 day or shift

Maximum period	3 months

	unless:
	• The position is advertised to be filled permanently; or
	• the normal incumbent is on long service leave or is
	working on a project.
Payment on holidays	Public Holidays Higher rate is payable
	Sick, Annual Leave Only payable where employee is acting
	for 3 months or more
Gaining competencies in higher	Payment at a higher level than the base acting position will depend
position	on the relevant competencies acquired by the employees and used in the higher grade position.

22. Disputes

22.1 Objectives

The objective of the dispute resolution procedure is to ensure:

(a) disputes are resolved at their source and at the lowest possible level;

(b) employees address the issue with their supervisor first;

(d) that normal work continues during the resolution process (ie status quo is maintained, that is the condition that existed immediately prior to the issue that gave rise to the dispute).

22.2 Three Tiered System

Tier	Local Matter	Corporate Wide Matter
Tier 1	Resolution of the issue or dispute is sought at
	its source with involvement of the following:
Local	• employee/s concerned with union
Level	delegate (if requested)
	• supervisor and manager (if required).
Tier 2	If unresolved at local level, resolution is sought	Claims or issues may be raised by
	at a corporate level with involvement of the	either:
Corporate level	following:	• Employee/s,
	• Union Organiser, relevant local	• Union/s, or
	Delegate and Employee/s (if necessary)	• Integral Energy
	• Executive Manager/s affected, local	Resolution of the issues raised
	Manager and Human Resources Manager.	should involve:
		• Relevant member/s of
		Executive Management and any
		other necessary resources, and
		• Union’s Organisers and
		relevant Delegates to ensure input
		reflects the organisation or the
		issues raised.
Tier 3	If the issues remain unresolved the matter may	If the issues remain unresolved the
Tribunal level	be referred to the New South Wales Industrial	matter may be referred to the New
	Relations Commission with the rights of the	South Wales Industrial Relations
	parties being reserved.	Commission with the rights of the
	The process before the Industrial Relations	parties being reserved.
	Commission should be free from industrial	The process before the Industrial
	action.	Relations Commission should be
		free from industrial action.

A shop steward or delegate accredited by their Union and Integral Energy is entitled (with the approval of their supervisor) reasonable time off to attend to matters affecting employees he or she represents.

22.3 Responsibilities of those Involved in Resolving the Dispute

The responsibilities of the individuals and the organisations they represent should include the following:

(a) to have an appreciation of each other’s point of view;

(b) to have an appreciation of each other’s needs;

(d) Integral Energy, where possible, should take the needs of employees into account when making decisions;

(e) meetings called to try and resolve the issues in dispute should be called without unnecessary delay; and

it is the responsibility of both the representatives of the Union/s and Integral Energy to give the employees progress reports.

22.4 Referral Agreement

(a) To give effect to the dispute resolution procedure outlined in clause 22.2, the parties to this agreement consent to the use of the New South Wales Industrial Relations Commission for mediation and/or arbitration of any disputes, in accordance with section 146A of the Industrial Relations Act 1996.

(b) The parties agree to be bound by any decision made by the Commission.

23. Salary Sacrifice

Integral Energy employees can at their own discretion salary sacrifice the following:

(a) Company Product subject to Australian Tax Office guidelines

(b) Superannuation

(d) ICARE

(e) In house Gym Membership

(f) Laptop Computers and PDA’s (as per ATO guidelines)

24. Union Delegates Rights

24.1 Role of Union Delegates

Integral Energy recognises the role of Union Delegates in representing their members and the Union Delegates recognise the right of Integral Energy and it’s employees to conduct their day to day business without interruption.

24.2 Rights of Union Delegates

Union Delegates at Integral Energy shall have the right to:

(a) Approach, or be approached by a member for the payment of Union dues or other payments outside of working hours, or to discuss any matter related to this member’s employment, during working hours without interfering with the work of the employee.

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

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

(d) Have protection from victimisation.

(e) Have access to a telephone, computer and intranet, 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 the Union responsibilities.

(f) Place notices on Union notice boards after advising the employer of the notice details.

(g) Attend meetings (eg regional, organisational or delegates) held by the Union in which they hold office following the approval of Integral Energy.

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

25. Relationship to Previous Agreements

This Award replaces and supersedes the Integral Energy Conditions of Employment Agreement 2007.

26. Leave Reserved

Wage Increases

Productivity Improvements

Memorandum of Understanding

Retention Allowance

It is a term of this Award that the parties to this Award undertake that for the period of the duration of the Award that they will not pursue any extra claims, except where consistent with this clause.

Appendix A - Common Pay Points

Class	After 3.5% as at 24 December 2008		After 3.5% as at 24 December 2009
	Weekly Rate	Annual Rate	Weekly Rate	Annual Rate
	$	$	$	$
1	438.00	22,850	453.30	23,649
2	502.10	26,195	519.70	27,113
3	506.00	26,398	523.70	27,321
4	592.00	30,885	612.70	31,965
5	624.40	32,575	646.30	33,717
6	633.50	33,050	655.70	34,208
7	716.70	37,390	741.80	38,700
8	720.90	37,609	746.10	38,924
9	726.40	37,896	751.80	39,221
10	788.00	41,110	815.60	42,550
11	809.30	42,221	837.60	43,698
12	822.90	42,931	851.70	44,433
13	827.40	43,165	856.40	44,678
14	842.80	43,969	872.30	45,508
15	853.00	44,501	882.90	46,061
16	869.90	45,383	900.30	46,969
17	875.00	45,649	905.60	47,245
18	896.80	46,786	928.20	48,424
19	899.30	46,916	930.80	48,560
20	924.30	48,221	956.70	49,911
21	926.40	48,330	958.80	50,021
22	930.20	48,529	962.80	50,229
23	951.60	49,645	984.90	51,382
24	963.50	50,266	997.20	52,024
25	968.10	50,506	1,002.00	52,274
26	980.10	51,132	1,014.40	52,921
27	989.40	51,617	1,024.00	53,422
28	994.30	51,873	1,029.10	53,688
29	1,007.70	52,572	1,043.00	54,413
30	1,025.30	53,490	1,061.20	55,363
31	1,034.50	53,970	1,070.70	55,858
32	1,040.50	54,283	1,076.90	56,182
33	1,044.50	54,492	1,081.10	56,401
34	1,047.80	54,664	1,084.50	56,578
35	1,055.10	55,045	1,092.00	56,970
36	1,061.40	55,373	1,098.50	57,309
37	1,071.10	55,879	1,108.60	57,836
38	1,080.30	56,359	1,118.10	58,331
39	1,089.40	56,834	1,127.50	58,822
40	1,098.40	57,304	1,136.80	59,307
41	1,101.20	57,450	1,139.70	59,458
42	1,112.80	58,055	1,151.70	60,084
43	1,115.70	58,206	1,154.70	60,241
44	1,124.10	58,644	1,163.40	60,695
45	1,135.60	59,244	1,175.30	61,315
46	1,143.50	59,656	1,183.50	61,743
47	1,145.70	59,771	1,185.80	61,863
48	1,152.70	60,136	1,193.00	62,239
49	1,157.00	60,361	1,197.50	62,474
50	1,157.60	60,392	1,198.10	62,505
51	1,169.90	61,034	1,210.80	63,167
52	1,171.70	61,128	1,212.70	63,267
53	1,180.50	61,587	1,221.80	63,741
54	1,181.10	61,618	1,222.40	63,773
55	1,199.50	62,578	1,241.50	64,769
56	1,202.00	62,708	1,244.10	64,905
57	1,211.30	63,194	1,253.70	65,406
58	1,230.80	64,211	1,273.90	66,459
59	1,233.20	64,336	1,276.40	66,590
60	1,241.00	64,743	1,284.40	67,007
61	1,242.30	64,811	1,285.80	67,080
62	1,256.30	65,541	1,300.30	67,837
63	1,261.80	65,828	1,306.00	68,134
64	1,273.40	66,433	1,318.00	68,760
65	1,294.20	67,518	1,339.50	69,882
66	1,302.90	67,972	1,348.50	70,351
67	1,305.70	68,118	1,351.40	70,503
68	1,318.20	68,770	1,364.30	71,176
69	1,321.40	68,937	1,367.60	71,348
70	1,350.60	70,461	1,397.90	72,928
71	1,353.50	70,612	1,400.90	73,085
72	1,355.40	70,711	1,402.80	73,184
73	1,377.80	71,880	1,426.00	74,394
74	1,385.50	72,282	1,434.00	74,812
75	1,410.00	73,560	1,459.40	76,137
76	1,412.60	73,695	1,462.00	76,273
77	1,426.10	74,400	1,476.00	77,003
78	1,442.10	75,234	1,492.60	77,869
79	1,446.40	75,459	1,497.00	78,098
80	1,462.70	76,309	1,513.90	78,980
81	1,475.00	76,951	1,526.60	79,643
82	1,493.50	77,916	1,545.80	80,644
83	1,501.70	78,344	1,554.30	81,088
84	1,536.70	80,170	1,590.50	82,976
85	1,564.70	81,630	1,619.50	84,489

Appendix B - Allowances

Allowance	24 December 2008	Basis of Payment
On Call / Stand by	$175.10	Per week on the on call roster
Allowance		(payable on a proportionate basis according to
		the roster cycle);
	$25.02	OR
		Per day on the on call roster
		(allowance payable during periods of annual and
		long service leave)
Late Finishing	$24.32	For each late finishing shift in Frontline Services;
Shift		(allowance payable on periods of annual and long
Allowance		service leave)
General First Aid	$18.35	Paid each week for authorised employees
Allowance		appropriately qualified.
		Integral Energy will pay for first aid training
		conducted during work hours for nominated first
		aid officers.
		(allowance payable on periods of annual and long
		service leave)
Aircraft Allowance	$18.42	Per day whilst performing line patrols by
		helicopter.
Electrical Safety	24 December 2008	Paid as per clause 8 and in recognition of:
Rules Allowance		• Drug and Alcohol testing,
	$110.00 (100%)	• Tightening of responsibilities, and
		• Sign on to worksite hazard and risk
	$88.00 (80%)	assessment form (WHRA).

	$66.00 (60% Safety Rules
	Electricity Workers Allowance)

	24 December 2009

	$120.00 (100%)
	$96.00 (80%)
	$72.00 (60% Safety Rules
	Electricity Workers Allowance)

Re-Imbursement Type Allowance	Amount	Basis of Payment
Meal Allowance	$12.93	Per meal (to a maximum of 3 meals)
	$19.57	Lunch	OR
Subsistence Allowances	$31.93	Dinner	Negotiated alternate
	$34.00	Overnight stay	arrangement
Casual Car Allowance	$51.0 cents	Under 1600cc
	$61.0 cents	1600cc to 2600cc
Per kilometre where the employee	$62.0 cents	Over 2600cc
uses his or her private vehicle

The meal and subsistence allowances will only change as a result of an application to the Industrial Relations Commission of New South Wales. Casual Car Allowance will be adjusted in accordance with Australian Tax Office guidelines.

Appendix C - Benefits of Employees Employed Prior to 27 July 1996

1. Long Service Leave

Basis of Accrual	Quantum
After 10 years	13 weeks (455 hours or 468 hours)
After 15 years	an extra 8.5 weeks (297.5 hours or 306 hours)
After 20 years	an extra 13.5 weeks (472.5 hours or 486 hours)
After each 5 years	an extra 13 weeks (455 hours or 468 hours)

These accrual rates above now apply to post 1996 employees.

2. Experience / Maturing Allowance

2.1 Quantum

Eligibility	Multiplier
10 years but less than 20 years service	1 week’s pay per completed year of service;
	OR
20 years or more service	2 week’s pay per completed year of service

2.2 Eligibility

Integral Energy must pay Experience/Maturing Allowance to employees in the following circumstances:

	• Retirement - this is where the employee is aged 55 years or older.

Basis of Eligibility	• Retirement Ill Health - this is where the employee is medically unable to
	perform the work required of their classification.

	• Death - this is where the employee dies whilst in the employment of Integral
	Energy.

	• Redundancy - this is where the employee’s position is made redundant or
	under an approved ‘bona fide’ redundancy scheme.

2.3 Service Recognised


Service Recognised	The period of continuous employment with Integral Energy (including Illawarra
	Electricity and Prospect Electricity)
	The period of employment with the County Councils which were amalgamated
	into Prospect County Council and Illawarra County Council on 1 January 1980 is
	also included.
	The period of employment shall not go further back than the date of formation of
	Prospect County Council (1 January 1957) or Illawarra County Council (1 March
	1958)

3. Agreement Special Leave

Eligibility	Quantum
Employees of the former Illawarra Electricity who	4 days per year
were entitled to this leave immediately prior to 27
July 1996 only	and the employee works a 36 hour week

4. Sick Leave (Pre 15 February 1993)

Entitlement	Eligibility to Payment
The employees preserved untaken sick leave as at	• Resignation
15 February 1993	• Retirement
	• Death
	• Redundancy
	• On request and approval by the General
	Manager Human Resources.
	Note:
	An employee is not eligible to payment where he or
	she is dismissed for misconduct

Appendix D- Agreements to be consolidated under Clause 1.6

Integral Energy Managers/Specialists Workplace Arrangement 2005

Integral Energy CIC Shift Work Workplace Arrangement 2007

Integral Energy Executive Assistant to General Manager Workplace Arrangement 2007

Integral Energy Supervisory Employees Workplace Arrangement 2003

Integral Energy Street Light Maintenance Agreement 2007

Integral Energy Meter Reader Workplace Arrangement 2004

Integral Energy Field Officer Incentive Workplace Arrangement 2005

Integral Energy Network Shift Work Workplace Arrangement 2005

R. W. HARRISON D.P.

____________________

Printed by the authority of the Industrial Registrar

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