Western
Sydney Buses Bus Operators' Transitway Enterprise (State) Award 2011
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 262 of 2012)
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Before The Honourable
Mr Justice Staff
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4 April 2012
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REVIEWED
AWARD
PART A
SECTION 1 - APPLICATION AND OPERATION OF AWARD
1. Title
This Award shall be known as "Western Sydney Buses
Bus Operators’ Transitway Enterprise (State) Award 2011" ("the
Award").
2. Arrangement
Clause No. Subject Matter
PART A
SECTION 1 -
APPLICATION AND OPERATION OF AWARD
1. Title
2. Arrangement
3. No Extra
Claims
4. Parties
Bound
5. Area,
Incidence and Duration
6. Wage
Increases (Refer to Attachment
"C")
7. Salary and
Wages
8. Payment of
Wages
9. Hours of
Work
10. Rosters
11. Cancellation
of Rostered Days Off
12. Meal Breaks
13. Attending
for Duty
14. Attending
Office
15. Attending
Court
16. Jury Service
17. Making
Reports
18. Overtime
19. Broken
Shifts
20. Guarantee
of Minimum Wages
21. Casual
Employees
22. Sick Leave
23. Annual
Leave
24. Long
Service Leave
25. Personal/Carer's
Leave
26. Anti
Discrimination
27. Parental
Leave
28. Dispute
Settling Procedure
29. Bus
Operator and Trainee Bus Operator Duties
30. Contract of
Employment
31. Probation
Period
32. Training
33. Traineeships
34. Uniforms
35. Surpluses
and Shortages
36. Picnic Day
37. Skills
Competency
38. Team
Leaders
39. Commitment
to Consult
40. Union
Delegates
41. Salary
Sacrifice for Superannuation
42. Temporary
Employee
43. Public
Holidays
44. Fatigue
Management
45. Maternity
Leave
46. Adoption
Leave
47. Assistance
With Job Applications
48. Training
for Acting in Bot 1 and Bot 2 Duties
49. Alcohol and
Drug Testing
50. OHS
Training
51. Wage
Increases
ATTACHMENT A - MANAGEMENT OF SICK LEAVE
ATTACHMENT B - TRAINEE BUS OPERATOR AND BUS OPERATOR PART
TIME HOURS OF WORK
ATTACHMENT C - WAGE RATES & ALLOWANCES
3. No Extra Claims
The Union undertakes not to pursue any claims for the
duration of the Award’s nominal life.
4. Parties Bound
(a) Western Sydney
Buses ("the Employer"); and
(b) Australian Rail,
Tram and Bus Industry Union ("the Union").
5. Area, Incidence
and Duration
This Award shall operate from 16 February 2011 for a
period of two years and shall apply to all Trainee Bus Operators, Bus
Operators, Team Leaders and other employees employed by the Employer on and in
association with the Liverpool - Parramatta Transitway Bus Route.
This award rescinds and replaces the Western Sydney
Buses Bus Operators' Transitway Enterprise (State) Award 2008 published 9
September 2011 (371 I.G. 871).
The changes made to the award pursuant to the Award Review
in accordance with Section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 4 April 2012.
6. Wage
Increases (Refer to Attachment
"C")
7. Salary and Wages
Employees engaged in the following classifications
shall be paid the wage rates prescribed by Attachment C of this agreement.
1. Trainee Bus
Operator
2. Bus Operator
3. Team Leader
8. Payment of Wages
The Employer shall deposit the employee's wages into
the employee's financial institution on a fortnightly basis.
9. Hours of Work
(a)
(i) The ordinary
hours of work shall be 38 hours divided into not more than five shifts and
shall constitute the ordinary hours of duty of each weekly period, excluding
Sunday.
(ii) Hours greater
than 38 and up to 40 hours a week shall be time counted towards authorised days
off.
(b) The ordinary hours
of duty on any shift shall be not less than seven (7) hours and not more than
twelve (12) hours in any twenty four (24) hour period.
(c) No employee
shall be rostered to begin a new shift without having been off duty for at
least ten consecutive hours. In cases
of emergency this may be reduced to eight (8) hours in consultation with the
employee’s representative.
(d) Authorised days
off (ADO’s) shall be accrued by working more than 38 hours in a week and up to
and including 40 hours a week. ADO’s shall
be rostered in blocks of up to 5 consecutive days twice a year. The remaining ADO’s accrued for the year
shall be banked. The banked ADO’s may
be taken at the same time as annual leave is cleared (with no loading attached)
or by other arrangement with the Employer.
(e) Employees will
be entitled to a shift allowance for time worked between 8 pm and 5 am at the
rate of 15% of the hourly rate (Attachment C).
(f) Saturday Work
Time worked on Saturdays shall be paid for at the rate
of time and a half.
(g) A "Shift
Worker" means an employee who works regularly to a roster, which provides
for work being performed during hours, which result in a shift work allowance
entitlement.
10. Rosters
(a) All known duties
to be performed by employees shall be rostered.
(b) Employees Shall
be Rostered Off on Two Clear Days in Each Rostered Week.
(c) Employees shall
sign off at the Depot at which they signed on unless an agreement to do
otherwise is reached by the employees or their representatives and the employer.
(d) Employees may
exchange shifts by mutual arrangement between themselves and subject to
approval of the employer.
(e) Rosters shall be
posted four days before coming into operation and shall be complete, except as
provided in subclause (g) hereof.
(f) In emergency
cases, time permitting; the employer should consult with the employee
representative on the need for the roster adjustment.
(g) No alteration
shall be made to the work of any employee except in cases of sickness, accident,
failure for duty, or suspension from duty of an employee, attendance of an
employee at Court, Coronial enquiry or leave for employees at short notice,
unless the employee is notified of such alteration prior to attending duty on
the shift preceding the one altered.
However, if an employee has two days off together, he/she may be advised
of any alteration to his/her work on the first of his/her days off.
The provisions of this clause shall not apply in
circumstances that could not be anticipated.
(h) In the event of
an employee applying for leave on a public holiday and such leave is granted,
such employee shall not be required to work on such public holiday unless the
employee representative and the employer agree otherwise.
(i) Where an employee
is rostered for duty and such rostered work does not allow a 10 hour break
before attending for the next rostered shift, an employee will be entitled to
be absent until the expiry of the 10 hour break without deduction of pay for
ordinary time of duty for such absence, with the exception of subclause 9(c).
(j) Except for
emergency spare shifts the rostered work of all employees shall show the
commencing, finishing and meal break times on all shifts.
(a) Straight shifts
- Where practicable a minimum of three hours shall be performed on either
portion before or after meal relief.
(k) Copies of the
base roster and all alterations thereto shall be supplied to the employee
representative upon request.
(l) Recovery time
of a minimum of 6 minutes is to be rostered between in service timetabled
journeys at Parramatta and Liverpool terminals. During this time bus operators
are to check the bus for lost property.
(m) Any complaint
about the adequacy of recovery time shall be considered by the employee
representative and the Employer and resolved amicably. Should the parties be
unable to resolve the complaint after applying clause 28 Dispute Settling
Procedure, the matter shall be referred to the Australian Industrial Relations
Commission for determination.
11. Cancellation of
Rostered Days Off
(a) Any employee
required to work on his/her rostered day off shall do so unless prevented by
ill health on the day concerned.
(b) An employee
cannot work more than 4 rostered days off in a four-week roster cycle.
(c) Wherever
practicable at least 12 hours notice of cancellation of a rostered day off
shall be given. However, in order to meet unexpected emergencies or unforeseen
circumstances, the employer may call upon employees to work without such
notice.
(d) Provided that 48
hours notice is given by the employer of cancellation of a rostered day off
another day off may be given in the same working week. Should an employee not
receive 48 hours' notice of the restoration of the day off cancelled, he/she
shall be paid at the rate of time and a half.
(e) When an employee
works on his/her rostered day off and is not given another day off in lieu
thereof in the same working week, the employee shall be paid at the rate of
time and a half.
(f) Upon an employee
becoming aware that he/she is required to work on his/her rostered day off,
he/she may apply for leave of absence on such day as if it were an ordinary
working day, and if such leave be approved by the employer subclause (a) hereof
shall not apply.
(g) No employee
shall absent himself/herself on any day merely because of having worked or
being required to work on his/her rostered day off.
(h) An employee who
works on his/her rostered day off but is absent upon any other day in the same
week without leave or without a reason for such absence accepted by the
employer as reasonable, shall forfeit the applicable rates prescribed in this
clause for working on a rostered day off.
(i) Where at least
5 days notice is given of an alteration to rostered duty by which a rostered
day off is changed, the penalty prescribed in subclause (d) hereof will not
apply.
12. Meal Breaks
(a) Employees shall
not be rostered to work for more than 5 hours without a meal break or crib.
(b) A minimum of 40
minutes and a maximum of 60 minutes shall be rostered for an unpaid meal break.
(c) The meal break
may be reduced to a 30 minute unpaid break in the event of late running. If the
same run is late for a period of three consecutive days or the same day over
three consecutive weeks, schedulers will review and make the necessary
adjustments.
(d) Meal breaks
shall be given where practicable in the order in which employees take up duty
on the am shifts and in the order in which they finish duty on the pm shifts.
(e) The employer
shall attempt to provide meal breaks to employee where meal rooms are provided.
Where an employee is rostered for a meal break where no meal room is available
a meal allowance shall be provided. (Attachment C)
(f) Crib breaks
shall be taken in the employer's time and the minimum time to be rostered for
crib shall be 30 minutes.
(g) In the event of
the time available for crib being reduced to less than 30 minutes, the employer
shall, upon being notified of the fact by the employee concerned, arrange another
crib time as early as practicable to ensure RTA regulations are met.
13. Attending for
Duty
(a) An employee's
start time shall be determined by the employer and time shall be calculated
from when the employee signs on for his/her duties in the depot. The employee
shall sign off at the end of the shift at the depot.
(b) The employee
shall be allowed sufficient preparation time immediately after signing on for
the shift.
(c) The employee shall
be allowed sufficient time for required duties immediately prior to signing
off.
(d) By agreement
between the employee and employer, employees may be permitted to sign off
immediately after securing the bus at its final destination for the shift. This is providing there are adequate
arrangements in place for paying in notes and coins and securing any property
of the Employer.
If the above provision is utilised the employee would
be scheduled to complete the shift at the final destination.
(e) By agreement
between the employee and employer, employees may be permitted to sign on and
commence duty at the terminal. This is providing there are adequate
arrangements in place for collecting notes and coins and obtaining any property
of the Employer that the employee may require during the shift. If the above
provision is utilised the employee would be scheduled to commence the shift at
the initial departure terminal.
(f) An employee,
who attends for duty in accordance with instructions and is not required, shall
receive a minimum of five hours pay unless at least 12 hours notice was given
to him/her personally that he/she was not required for duty.
(g) An employee, who
commences duty and is subsequently told that he/she is not required, shall
receive a minimum of seven hours pay.
(h) If an employee
becomes unavailable or fails to attend for their rostered shift the employer
may use a casual employee to work that shift.
(i) All employees
are required to wear the appropriate uniform supplied by the employer. All
employees must be well presented at all times.
(j) Sub-clauses (f)
and (g) do not apply to casual and to part time employees.
14. Attending Office
(a) An employee, who
is instructed to attend head office or elsewhere to answer complaints, furnish
reports, supply statements or affidavits, or to submit to medical examination
or eyesight or hearing tests (except in the case of an employee on leave on
account of ill-health or injury), shall be paid for the time occupied at
ordinary rates and reimbursed reasonable fares.
(b) The provisions
of this sub-clause do not apply to an employee attending to answer charges or
reports of his/her own misconduct from which he/she is not subsequently
exonerated, or to tender an explanation of failure to attend for duty.
(c) Where the
employee so attends and the distance travelled exceeds the distance from
his/her place of residence to their depot or usual place of employment,
travelling time at ordinary rates for the excess distance shall also be paid
where the time is not otherwise paid for.
15. Attending Court
An employee who has been notified to attend any court
as a witness for or at the request of the Employer or at the Coroner's Court in
his official capacity in respect of the death of a person resulting from an
accident involving an Employer's vehicle shall be treated in respect of payment
for time occupied as follows:
(a) Unless the
employee has previously started work for the day he/she is to be treated, for
the purpose of payment, as signing on at the time he/she reports as directed to
such place as he/she may be instructed.
(b) All time
occupied from signing on until signing off at his/her depot or being discharged
by the officer in charge of the case (after contacting his/her depot manager)
is to be treated for the purpose of payment as time worked and is to be paid
for at the appropriate rate for the day.
(c) When the
employee would have been employed in a higher grade, but for attending Court,
he/she is to be allowed payment for all time paid for under paragraph (b) above
at the rate for such higher grade to the extent of the higher grade work lost
on the day, during the period for which he/she is paid under paragraph (b)
above.
(d) Where the
employee commences and/or finishes on the day at other than his/her home depot
he/she is to be allowed any excess travelling time at single rate, and allowed
payment for such time at the higher-grade rate if applicable.
(e) Where employees
who are no longer required at Court are directed to resume duty at their depot
they are to be signed off not later than 9 hours after the time of reporting to
such place as they may be instructed.
(f) Where the
employee is required to return to the Court after the meal recess, a meal break
up to a maximum of 60 minutes is to be deducted and a meal allowance is to be
paid. (Attachment C)
16. Jury Service
(a) The Employer
shall pay the difference between the amount received from the court by the
employee for their attendance and the employees rostered shift if the employee
is required to attend for jury service
(b) An employee
shall notify the employer as soon as possible of the date that the employee is
required to attend for jury service. Further, the employee shall give the
Employer proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
(c) If an employee
reports for Jury Duty and is not required the employee shall report for duty at
the employee's depot.
17. Making Reports
(a) An employee
shall be allowed 15 minutes at single rates for making an accident report in
his/her own time where this is essential, subject to the proviso that an
employee, who is subsequently found guilty of neglect or fault, shall not be
entitled to this payment.
(b) Fifteen minutes
shall be allowed for the completion of an accident report when the report is
completed in the Employer's time.
(c) An employee shall
be allowed 5 minutes at ordinary rates for each report made in his/her own time
concerning any other matter, except those of a disciplinary nature or those
arising from neglect or fault of the employee. At the discretion of the depot
manager this allowance may be extended to 15 minutes.
18. Overtime
(a) All time worked
in excess of eight hours fifteen minutes in any shift; or
(b) Time worked in
excess of 40 hours in any week shall stand-alone and be paid for at the rate of
time and a half. Payment for overtime shall be calculated upon whatever
alternative gives the greater amount.
(c) Sunday Work
(i) An employee
called upon to work on a Sunday shall be guaranteed and/or paid for not less
than three (3) hours work at the rate of double time.
(ii) Sunday work is
to be treated as voluntary overtime.
(iii) Notwithstanding
anything provided elsewhere in this agreement, the Employer shall not be
required to pay more than double time in respect of any work performed between
midnight on Saturday and midnight on Sunday.
(d) Voluntary
Overtime
(i) The Employer is
able to utilise all employees on voluntary overtime.
(ii) Permanent full
time employees shall be offered the first opportunity to register and perform
voluntary overtime.
(iii) Where
practicable, providing all permanent full time employees have been afforded the
opportunity to register and perform voluntary overtime, permanent part time
employees shall be afforded the opportunity to register and perform voluntary
overtime.
(iv) Where practicable,
providing all permanent full time employees and permanent part time employees
have been afforded the opportunity to register and perform voluntary overtime,
casual employees shall be afforded the opportunity to register and perform
voluntary overtime.
(v) Voluntary
overtime other than that performed on a Sunday shall be paid at the rate of
time and a half.
19. Broken Shifts
A broken shift is one in which there is a break other
than for meal break in the employee’s work after signing on and before finally
signing off and for which he/she is not paid
A Bus Operator who is rostered for a broken shift and
reports in accordance with the roster or is instructed to report for either
portion of the broken shift and does so report, shall be paid a minimum of
three and a half hours for either portion of the shift or the period for which
rostered, whichever be the greater provided that he/she shall be entitled to a
minimum payment of seven hours for the whole of the shift.
The maximum spread of hours on any broken shift shall
be 12.
Broken shifts - Where practicable a minimum of three
hours shall be performed on either portion of such shifts with no break without
pay in a day’s duty to be less than two hours.
All time worked on a broken shift on Mondays to Fridays
after a spread of 9.5 hours shall be paid at the following rates:
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Between a spread of 9.5 and 10.5 hours
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time and a half;
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After 10.5 hours
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double time.
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All time worked on a broken shift on Saturdays and public
holidays shall be paid at the rate of double time.
For all time on duty between the hours of 8.00 pm and
5.00 am (other than on Saturdays, Sundays and public holidays) employees, except
those employed on broken shifts, shall be paid 15% more than their ordinary
rates.
Rostered work for the purpose of this sub-clause means
work shown on the roster at least 48 hours prior to the employee attending to
commence duty.
Employees working broken shifts shall not be provided
with time for a meal break.
No employee shall be called upon to work a broken shift
on a Sunday.
20. Guarantee of
Minimum Wages
(a) Subject to the
provisions of this clause, an employee shall be entitled to a minimum payment
of 38 hours per week exclusive of penalty allowances.
(b) Where through
absence from duty on any day or part thereof time short of the standard hours
of employment per week is worked, payment shall be reduced by the amount of the
lost time only.
(c) Nothing in this
clause shall affect the right of the Employer to deduct payment for any day or
shift that an employee cannot be usefully employed because of any strike or
through any stoppage of work by any cause for which the Employer cannot reasonably
be held responsible, or because of the failure of the employee to perform any
work allotted to or available for them during such period of strike or stoppage
of work.
21. Casual Employees
(a) A casual
employee shall mean an employee engaged on a daily basis.
(b) All casual
employees shall be paid at the applicable rate provided for in Part B Table 1
in addition to a 20% casual loading.
22. Sick Leave
(a) All employees,
excluding casual employees, with more than three (3) months continuous service
with the Employer, shall be entitled to a maximum of eight (8) cumulative sick
days per year, without loss of pay, where the employee is unable to attend for
duty as a result of personal illness or incapacity (excluding any illness or
injury resulting from the Worker's Compensation Act 1997) subject to the
following:
(i) The employee
shall provide the Employer with as much notice as reasonably possible of their
inability to work a rostered shift.
(ii) The employee shall
provide the Employer with medical certificates within three (3) calendar days
of the first day of absence, whether they have returned to work or not. For
longer-term absences, the employee shall continue to supply medical
certificates within three (3) calendar days of expiration of the previous
certificate.
(iii) The employee
will inform the Employer by 3.00 pm the day before of their intention to return
to work.
(b) Employees
entitled to sick leave shall be paid at the daily rate provided for in Table 1
- Salary and Wage Rates, of Attachment B of this agreement for full day
absences or the pro rata hourly rate as provided in the same table for part day
absences. The procedures for managing sick leave are documented in Attachment A
of this agreement.
(c) Sick leave taken
by an employee under 22(a) is deducted from the amount of personal/carers leave
allocated under clause 25.4
23. Annual Leave
(a) Refer to the New
South Wales Annual Holidays Act 1944 ("the Act").
(b) In addition to
the provisions of the Act the following shall also apply:
(i) Shift workers
shall be entitled to 25 days annual leave per year. Non-shift workers shall be
entitled to 20 days annual leave per year.
(ii) An employee, at
the time of his/her entering upon a period of annual leave, in accordance with
the said Act, shall be entitled to an additional payment calculated on the
basis of 20 per cent of the holiday pay for that period of annual leave. Should
circumstances arise where an employee has received an annual leave loading to
which he/she is not entitled, then such payment shall be deducted from any
monies due at termination.
(iii) The Employer
will not accept the transfer of accrued Annual Leave entitlements of employees
that are engaged from other Public Sector agencies or utilities.
24. Long Service
Leave
(a) Long Service
Leave will accrue as per the provisions of Schedule 5 of the Transport
Administration Act 1988 (NSW).
(b) Employees of
Western Sydney Buses are entitled to access Long Service Leave at a minimum period
of one day.
(c) Employees
applying to clear Long Service Leave for periods of one week or longer should
wherever possible make application one month prior to the date of clearance.
Applications for Long Service Leave to be cleared as an emergency can be made
with 24 hours notice.
(d) Western Sydney
Buses will allocate leave availability to one person per day per 4 weekly
period roster. If two employees apply
for long service leave for the same time period the leave will be granted to the
employee who had applied first. The Depot Manager may approve leave for more
than one person in a time period if the staff situation allows.
25. Personal/Carers
Leave
Personal Leave
25.1 Personal leave
consists of the following three types of leave:
(a) sick leave;
(b) carer’s leave;
and
(c) compassionate/bereavement
leave
25.2 All employees,
other than casual employees, will be entitled to Personal Leave in accordance
with this clause.
25.3 For the purpose
of this clause:
Immediate family means:
The staff member being responsible for the care and
support of the person concerned; and
the person concerned being:-
25.3.1 a
spouse of the staff member; or
25.3.2 a de
facto spouse being a person of the opposite sex to the staff member who lives
with the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
25.3.3 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 or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
25.3.4 a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:-
25.3.5 "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
25.3.6 "affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
25.3.7 "household"
means a family group living in the same domestic dwelling.
Year means: the period of twelve months from 1 January
to 31 December inclusive.
25.4 Accumulated paid
sick leave means:
paid sick leave, which accrued to an employee’s credit
in any previous calendar year, which has not been cleared by the employee as
paid sick leave.
Current paid sick leave means:
paid sick leave, which has accrued to an employee’s
credit in the current calendar year, which has not been cleared by the employee
as paid sick leave.
Paid Sick Leave
Employees are entitled to eight days paid sick leave
per year (Clause 22)
Paid sick leave will be credited on a pro rata basis in
the first year of service.
Sick leave not used in any year shall accumulate.
25.5 Carer’s Leave
Subject to an employee having sufficient paid sick
leave available, employees are entitled to use up to a maximum of five days
paid carer’s leave per Year.
Paid carer’s leave is deducted from paid sick leave.
The entitlement to use up to a maximum of five days per
year, paid sick leave, as paid carer’s leave, does not accumulate from year to
year.
An employee may elect, with the consent of the
employer, to take unpaid leave as carer’s leave.
Paid and unpaid carer’s leave may be taken for part of
a single day.
An employee’s entitlement to use paid or unpaid carer’s
leave is subject to the following:
(a) the employee
having responsibilities in relation to either members of their immediate family
or household who need their care and support when they are ill; and
(b) the employee
being responsible for the care of the person concerned.
(c) The employee
must establish 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.
In normal circumstances an employee must not take
carer’s leave under this clause where another person has taken leave to care
for the same person.
The employee must, where practicable, give the employer
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 the
employer by telephone of such absence at the first opportunity on the day of
absence.
25.6 Compassionate/Bereavement
Leave
An employee is entitled to up to two (2) days paid
leave on each occasion a member of the employee’s immediate family or household
dies.
Proof of death must be provided to the satisfaction of
the employer, if required.
26. Anti
Discrimination
26.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 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.
26.2 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 or operation, has a direct
or indirect discriminatory effect.
26.3 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.
26.4 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
26.5 Nothing in the
Act affects any other act or practice of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that
religion.
26.6 Nothing in this
clause is to be taken to affect:
26.7 any conduct or
act which is specifically exempted from Anti-Discrimination legislation;
26.8 offering or
providing junior rates of pay to persons under 21 years of age;
26.9 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
26.10 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.
27. Parental Leave
An employee, including a casual employee who has had at
least twelve months continuous service, is entitled to Parental Leave in
accordance with this clause and with Western Sydney Buses Parenting Leave
Procedures Continuous service for a
casual means work on an unbroken,
systematic and regular basis.
(a) An employee who
is not eligible for maternity leave or adoption leave may, in special
circumstances, be granted parental leave to care for a child who is under two
(2) years of age at the time the leave commences.
(b) An employee who
has completed forty (40) weeks continuous service prior to making application, and
who has provided satisfactory evidence of being the primary carer for the
child, is eligible for parental leave.
(c) Parental Leave
is for a period of not more than fifty-two (52) weeks from the date the leave
commenced.
(d) Parental Leave
is unpaid leave, and can consist of solely parental leave (unpaid), or a
combination of parental, annual and/or long service leave, if the employee has
accrued such leave.
(e) An employee
taking parental leave must exhaust all accrued annual leave entitlements as part
of parental leave.
(f) An employee
must not unreasonably withhold notice of intention to apply for parental leave.
(g) An employee is
entitled to return from parental leave to the position held immediately prior
to going on parental leave if that position still exists or to a position as
near as possible to what the employee is qualified and capable of performing.
Such a position should be as nearly comparable in terms of pay and status. If
after attempts to so place an employee, the employee is not placed in a
position the employee will be
determined as an Excess Employee and will be subject to the Employer’s Excess
Officer Policy and in accordance with Government Policy..
28. Dispute Settling
Procedure
Any dispute between employees, the Union and Employer
shall be settled by following the steps outlined below. The Australian
Workplace Relations Act, 1996, specifies that normal work must continue
while these procedures are being followed.
If a health or safety risk is present, the OHS&R Officer should be
notified for appropriate assessment and action.
Step 1: Employees or the employees’ representative
should contact the Liverpool - Parramatta Transitway Manager in the first
instance. The Liverpool - Parramatta Transitway Manager must commence to deal
with the dispute as quickly as possible.
Step 2: If the dispute is unresolved, the employee
and/or the employees’ representative must approach the designated Manager,
Western Sydney Buses to resolve the dispute.
Step 3: If the matter remains unresolved, the Employer
or the union/s are to refer the dispute to the Unions NSW (advice to be
provided to other party) following which a 72 hours cooling off period is to
take place, to enable Unions NSW to assist in the resolution of the dispute.
The 72 hours does not include weekends and public holidays.
Step 4: Referral to the New South Wales Industrial
Relations Commission (NSWIRC)
If, following action under steps 1 to 3, the dispute
remains unresolved; any party to the dispute may refer the dispute to the New
South Wales Industrial Relations Commission (NSWIRC) for conciliation and /or
arbitration as per Chapter 3, Part 1, ss 130 to 136 inclusive of the Act or its
successor.
29. Bus Operator and
Trainee Bus Operator Duties
Where required by the Employer, an employee's duties
shall include minor repairs such as changing tail lights and each bus operator
shall be ready willing and able to perform minor road side repairs.
All employees may be required to perform other incidental
duties that shall include but not be limited to the cleaning and washing of
buses.
30. Contract of
Employment
In the case of full time and part time employees, the
contract of employment may be terminated by either the Employer or the employee
pursuant to the following table. Such notice shall not apply where the employee
is terminated for misconduct.
Where termination is initiated by the Employer, the
employer must give the employee notice in accordance with the following table:
|
Employee’s Period of Continuous Service with the Employer
|
Period of Notice
|
|
Not more than one year
|
At least one week
|
|
More than one year but not more than 3 years
|
At least 2 weeks
|
|
More than 3 years but not more than 5 years
|
At least 3 weeks
|
|
More than 5 years
|
At least 4 weeks
|
31. Probation Period
All new employees, where applicable, shall serve a
three (3) month probation period. At the completion of the probation period the
employee shall be informed of their current employment status.
32. Training
All employees will receive the required level of
training to perform their duties competently. All training will be paid for at
single time.
33. Traineeships
(a) Traineeships
pursuant to the Apprenticeship and Traineeship Act 2001 (the Act) may be
offered by the Employer.
(b) Trainees
pursuant to the Act shall be trained in all modules to a level of competency
required to obtain a Certificate III Transport and Distribution (Road
Transport) qualification.
(c) Employees who
qualify for a Traineeship pursuant to the Act shall commence at the Trainee Bus
Operator rate of pay specified in Attachment C. Subject to satisfactory
completion of relevant competencies to be undertaken in the first twelve months
of the Traineeship, an employee engaged under a Traineeship will progress to
the rate of pay of Bus Operator after twelve months full time service or part
time equivalent.
(d) Where an
employee at the time of commencement with the employer holds all relevant units
of competency, which fulfil the employer’s requirements from the Road Transport
Training Package, the employee shall commence at the rate of pay of Bus
Operator as specified in Attachment C.
(e) Where an
employee at the time of commencement with the employer holds less than the
total number of required relevant competency units from the Road Transport
Training Package, the employer will recognise any relevant competencies
held. Such employees shall be afforded
accelerated advancement to the rate of pay of Bus Operator specified in
Attachment C, proportionate to the number of recognised relevant competencies
held.
(f) Where an
employee with previous recent service with the State Transit Authority Division
of the New South Wales Government Service as a Bus Operator Level 2 or higher,
commences employment with the employer, the employee shall commence at the rate
of pay of Bus Operator specified in Attachment C. Recent service shall be taken to mean service with the State
Transit Authority Division of the New South Wales Government Service within a
twelve month period immediately prior to the commencement of employment with
the employer.
34. Uniforms
(a) All employees
are required to wear a uniform. The uniform will remain the property of the
Employer and it shall be the duty of the employee to retain it in reasonable
condition.
(b) Uniforms will be
provided by the Employer and will be replaced on a fair wear and tear basis.
35. Surpluses and
Shortages
(a) Employees shall
be required to collect revenue during each driving shift and pay in all
revenues at the completion of the shift.
(b) All shortages
for which there is no satisfactory explanation to the employer are to be met by
the employee.
36. Picnic Day
(a) Where reasonably
practicable an employee shall be granted a day's leave, without deduction of
pay, each calendar year to attend an approved picnic. Such employee if required
by the Employer to work on this day shall be granted a day's leave, without
deduction of pay, in lieu thereof.
37. Skills Competency
(a) The Employer may
direct an employee to carry out such duties where practical within the limits
of the employee's skill, competence and training consistent with the
classification structure of this agreement provided that such duties are not
designed to promote deskilling.
(b) The aim of this
clause is to maximize the flexibility of the Employer's workforce and to
eliminate classification demarcation issues.
(c) Any direction
issued by the Employer shall be consistent with the Employer's responsibilities
to provide a safe and healthy working environment.
(d) The parties will
create a genuine career path for employees that allow advancement, based on
industry accreditation and access to training.
38. Team Leaders
A Team Leader is a bus operator who is engaged to carry
out the following duties as required but limited to:
(a) Act as Liverpool
- Parramatta Transitway Manager as required.
(b) Provide support
to Liverpool - Parramatta Transitway Manager.
(c) Perform yard
duties.
(d) Provide training
support to employees.
39. Commitment to
Consult
The Employer is committed to consulting with its'
employees regarding change, Occupational Health and Safety and the operation of
the business.
40. Union Delegates
(a) The Employer
will allow reasonable access to a telephone, facsimile, postal, photocopying,
e-mail and internet facilities for the purpose of carrying out work as a
delegate and consulting with new employees and other workplace colleagues and
the union in accordance with this provision for the purpose of ensuring the
compliance with, understanding of, and the proper operation of, this
agreement. It is noted that such access
will remain within reasonable limits.
(b) The Employer
provides the above facilities (including access by a delegate to members or
potential members) on the basis that they are reasonable and do not unduly
interfere with the delegate’s primary duties as an employee of the Employer.
41. Salary Sacrifice
for Superannuation
(a) Notwithstanding
the wage rates prescribed by Attachment 2 of this Agreement, an employee may
elect, subject to there being no garnishee, Family Law Court or other Court
Order applying to and affecting the employee's wage, to sacrifice a portion of
the wage payable under this Agreement, to additional Employer superannuation
contributions. Such election must be made prior to the commencement of the
period of service to which the earnings relate. The amount sacrificed must not
exceed fifty (50) per cent of the wage payable under this Agreement or fifty
(50) per cent of the currently applicable "superannuable salary",
whichever is the lesser. In this Clause, "superannuable salary" means
the employee's salary as required to be notified to the New South Wales public
sector superannuation trustee corporations.
(b) Where the
employee has elected to sacrifice a portion of that payable salary to
additional Employer superannuation contributions:
(i) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(ii) any allowance,
penalty rate, payment for unused leave entitlements, weekly workers'
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Agreement or any other
applicable\certified Agreement, Act or Statute which is expressed to be
determined by reference to an employee's salary, shall be calculated by
reference to the salary which would have applied to the employee under
Attachment 2 of this Agreement in the absence of any salary sacrifice to
superannuation made under this Agreement.
(c) The employee may
elect to have the portion of payable salary, which is sacrificed to additional
Employer superannuation contributions:
(i) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional Employer contributions; or
(ii) subject to the
agreement of the Employer and any relevant policy of the Employer, which may
operate from time to time, paid into a private sector complying superannuation
scheme as Employer superannuation contributions.
(d) Where an
employee elects to salary sacrifice in terms of sub-clause (c) above, the
Employer will pay the sacrificed amount into the relevant superannuation fund.
(e) Where the
employee is a member of a superannuation scheme established under the:
(i) Superannuation
Act 1916;
(ii) State
Authorities Superannuation Act 1987;
(iii) State
Authorities Non-contributory Superannuation Act 1987; or
(iv) First State
Superannuation Act 1992
the employer must ensure that the amount of any
additional Employer superannuation contributions specified in sub-clause (a)
above is included in the employee's superannuable salary, which is notified to
the New South Wales Public Sector Superannuation Trustee Corporations.
(f) Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with the Employer to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in sub-clause (d) above, the Employer will continue to base
contributions to that fund on the salary payable under Attachment 2 to the same
extent as applied before the employee sacrificed a portion of that salary to
superannuation. This clause applies even though the superannuation
contributions made by the Employer may be in excess of superannuation guarantee
requirements after the salary sacrifice is implemented.
42. Temporary
Employee
(a) A Temporary
Employee is an Employee, not being a full time, permanent part time or casual
employee, who is employed for a project with a set period of time or to replace
employees who are absent for a period of greater than one month.
(b) The ordinary
hours of a full time temporary employee shall be the same as for a full time
employee.
(c) The ordinary
hours for a part time temporary employee shall not be less than 3 hours per day
and may not exceed 38 hours per week.
(d) A temporary full
time employee who attends for duty in accordance with instructions and is not
required shall receive a minimum of five hours' pay unless at least twelve
hours' notice was given to them personally that they were not required for
duty.
(e) A temporary full
time employee who commences duty and is subsequently told that they are not
required shall receive a minimum of seven hours pay.
(f) A temporary
part time employee who attends for duty in accordance with instructions and is
not required for duty on that day shall receive a minimum of three hours pay or
5/9ths of the total shift, whichever is the greater.
(g) A temporary part
time employee who commences duty in accordance with instructions and is not
required shall receive a minimum of three hours pay or 7/9ths of the total
shift, whichever is the greater.
(h) Where the
Employer intends to employ a temporary employee the Employer shall duly notify
the employee representative.
43. Public Holidays
(a) A full time or
part time employee under this Agreement is entitled to Public Holidays without
loss of pay as Gazetted from time to time by the New South Wales Government.
(b) With the
exception of Easter Saturday all work performed on Public Holidays, including
work performed by casual employees, the rate of time and a half shall apply in
addition to a payment of 7 hours and 36 minutes in lieu of the public holiday.
(c) Employees,
including casual employees, performing work on Easter Saturday shall be paid at
the rate of double time for ordinary hours worked in addition to a payment of 7
hours and 36 minutes in lieu of the public holiday.
(d) A part time or
casual employee engaged on any public holiday, including Easter Saturday, for a
shift length of less than 7 hours and 36 minutes shall receive a payment in
lieu of the Public Holiday proportionate to the length of the shift performed.
(e) Where an
employee is absent from duty on the working day before and the working day
after a Public Holiday without medical certification or without the consent of
the Employer, the employee shall not be entitled to payment for such holiday.
44. Fatigue
Management
(a) Fatigue
management principles apply to all employees covered by this agreement.
(b) No employee will
be rostered in excess of Award Conditions and will not be permitted to work
more than twelve hours in a 24- hour period.
(c) An employee must
have total of 12 hours rest in a 24-hour period, of which 10 hours must be
consecutive between shifts.
(d) No employee will
work more than 24 days in a twenty-eight day period.
(e) No employee will
work more than twelve (12) days straight.
(f) A 24-hour
period commences from the time of the first sign on.
(g) No employee will
work or be required to work more than five hours straight without a break.
45. Maternity Leave
45.1 A female employee
is entitled to paid maternity leave in accordance with this clause and with
State Transit’s Parental Leave Policy.
45.2 An employee who has,
or will have, completed 40 weeks continuous service before the expected date of
birth, is entitled to paid maternity leave.
45.3 Maternity leave
is a period of not more than 4 weeks prior to the expected date of birth and
not more than 52 weeks after the actual date of birth.
45.4 An employee is
entitled to a maximum of 9 weeks paid maternity leave at the base rate. The
paid leave can be taken:
in a lump sum payment at the commencement of maternity
leave or;
as full pay on a fortnightly basis while on maternity
leave or;
as half pay on a fortnightly basis while on maternity
leave or;
in any combination of the above options.
45.5 Separate from
paid maternity leave, an employee may be paid accrued annual and/or long
service leave as part of the maternity leave period.
45.5.1 The accrued annual
leave can be taken:
(a) in a lump sum
payment at the commencement of maternity leave or
(b) as full pay
while on maternity leave or;
45.5.2 The accrued long
service leave can be taken:
(a) in a lump sum payment
at the commencement of maternity leave or
(b) as full pay
while on maternity leave or;
(c) as half pay
while on maternity leave or;
45.6 Long service
leave may be cleared in any combination of the above options.
45.7 An employee who
takes maternity leave must take any accrued annual leave entitlements in excess
of 40 days as part of maternity leave.
45.8 Once all
entitlements to pay have been exhausted, the balance of maternity leave will be
unpaid.
45.9 An employee must
not unreasonably withhold notice of her intention to apply for maternity leave.
45.10 An employee is
entitled to return from maternity leave to the position held immediately prior
to going on maternity leave, if that position still exists, but if the
employee’s position has ceased to exist during the period of maternity leave,
the employee will return from maternity leave as a Displaced Officer and will
be subject to the State Transit Displaced Officer Policy.
45.11 An employee may
be granted an extension to maternity leave beyond 52 weeks from the date of
birth, but an employee who returns to work after an extension of maternity
leave beyond the 52 weeks from the date of birth will be treated as a displaced
officer and will be subject to the State Transit Displaced Officer Policy.
Note; any employee taking extended Maternity leave will be required to clear
accumulated Annual leave prior to commencing extended maternity leave.
45.12 If an employee
requests part-time work on return from maternity leave, State Transit will,
where this is practical, provide part-time employment for the employee.
45.13 If an employee
requests a job share arrangement on return from maternity leave, State Transit
will, where practical, provide a job share arrangement for the employee.
46. Adoption Leave
46.1 Employees are
entitled to paid adoption leave in accordance with this clause and with State
Transit’s adoption leave policy.
46.2 An employee who
has, or will have, completed 40 weeks continuous service before the expected
date of birth, is entitled to paid adoption leave.
46.3 Adoption Leave is
a period of not more than 52 weeks after the actual date that the employee
takes custody of the child.
46.4 Employees will be
entitled to a maximum of 9 weeks paid adoption leave at the base rate. The paid
leave can be taken:
(a) in a lump sum
payment at the commencement of adoption leave or;
(b) as full pay on a
fortnightly basis whilst on adoption leave or;
(c) as any combination
of the above options.
46.5 Separate from
paid adoption leave, an employee may be paid accrued annual and/or long service
leave as part of the adoption leave period. The accrued annual leave and long
service leave can be taken:
46.5.1 The accrued annual
leave can be taken:
(a) in a lump sum
payment at the commencement of adoption leave or
(b) as full pay
while on adoption leave
46.5.2 The accrued long
service leave can be taken:
(a) in a lump sum
payment at the commencement of adoption leave or
(b) as full pay
while on adoption leave or;
(c) as half pay
while on adoption leave or;
46.6 Long service
leave can be cleared in any combination of the above options.
46.7 Employees taking adoption
leave must clear any accrued annual leave entitlements in excess of 40 days as
part of their adoption leave.
46.8 Once all
entitlements to pay have been exhausted the balance of adoption leave will be
unpaid.
46.9 Employees will
not unreasonably withhold notice of their intention to apply for adoption
leave.
46.10 Employees will
return from adoption leave to the position they held immediately prior to going
on adoption leave if that position still exists. or to a position as near as
possible to what the employee is qualified and capable of performing. Such a
position should be as nearly comparable in terms of pay and status. If after
attempts to so place an employee, the employee is not placed in a position the employee will be determined as an Excess
Employee and will be subject to the Employer’s Excess Officer Policy and in
accordance with Government Policy..
46.11 Employees may be
granted an extension to adoption leave beyond 52 weeks from the time the
employee takes custody of the child. If an employee returns to work after an
extension of adoption leave beyond the 52 weeks from the time the employee
takes custody of the child, they will be treated as a Displaced Officer and
will be subject to the State Transit Displaced Officer Policy. Note; Any
employee taking extended Adoption leave will be required to clear accumulated
Annual leave prior to commencing extended Adoption leave.
46.12 If an employee
requests part-time work on return from adoption leave, State Transit will,
where this is practical, provide part-time employment for the employee.
46.13 If an employee
requests a job share arrangement on return from adoption leave, State Transit
will, where this is practical, provide a job share arrangement for the
employee.
47. Assistance With
Job Applications
The Depot Manager will be designated as the contact
point for Bus Operators seeking assistance in preparing resumes and job
applications for positions within Western Sydney Buses.
All material relating to how to apply for positions is
to be written in "plain English".
48. Training for
Acting in Bot 1 and Bot 2 Duties
Two Bus Operators will be selected through the merit
selection process, one to be trained as a Bus Operator Trainer level 2 and the
other as a Bus Operator Trainer level 1. Once these two employees have
successfully completed their training they will be used by Western Sydney Buses
management to train new employees as required. When undertaking this training
role they will be paid at the higher rate of pay of BOT 2 and BOT 1as contained
in Attachment C, Table 1.
49. Alcohol and Drug
Testing
The Parties recognise the legislative obligations to
ensure the workplace is free from drugs and alcohol, and all employees are to
comply with the provisions of legislation relating to random drug and alcohol
testing and the internal programs that are in place.
50. OHS Training
(a) The parties
recognize the obligation of Western Sydney Buses to provide a safe and healthy
workplace, with all employees responsible for their own safety, the safety of
other employees and the general public.
(b) Western Sydney
Buses will determine the standards and requirements of training for employees,
in consultation with employees and their representatives. A certificate will be
awarded to employees who successfully complete the training.
(c) Every employee
will have the opportunity to attend a minimum of 2 hours paid awareness OHS
training each year.
51. Wage Increases
A 4% wage increase will apply to employees covered by
this Award on and from the first full pay period after ratification by the New
South Wales Industrial Relations Commission.
An additional 4% increase in wages will apply on and from the first full
pay period on the twelve month anniversary of the ratification of the Award by
the New South Wales Industrial Relations Commission.
ATTACHMENT A - MANAGEMENT OF SICK LEAVE
Absence Management Procedures
Commitment to Reduction in Sick Leave Levels
The Parties to this Award are committed to ensuring
Western Sydney Buses as a business remains competitive and is positioned to
secure future contracts for bus services by achieving industry best practice in
a range of areas. One such area is the need to reduce the costs associated with
average sick leave levels.
To ensure that sick leave levels are reduced to an
average of five days per annum or less, the Parties have agreed to implement
stringent procedures for the management of employee absence relating to
personal illness and injury.
It is accepted that the following provisions will place
the Parties to this Award, including all Employees covered by the Award, under
strict obligations to effectively manage employee absence in order to achieve
the targeted reduction in sick leave. To
that end, the RTBU and its Officers will work co-operatively with Western
Sydney Buses and its managers to ensure the implementation and success of the
Absence Management Procedures outlined in this clause.
Review Mechanisms
Throughout the life of this Award, Western Sydney Buses
and the RTBU will jointly monitor the operation of the procedures outlined in
this clause and the data on reduction in average sick leave levels.
At the expiration of twelve months from the introduction
of the procedures outlined in this clause, Western Sydney Buses and the RTBU
will undertake a full review of the success of the procedures.
If the Target has not been achieved, Western Sydney
Buses and the RTBU will work together to identify any additional measures,
which may be necessary to achieve the Target, and the Award will be varied to
accommodate any additional measures.
A further review of the success of the procedures will
occur prior to the expiration of this Award. If the Target has not been
achieved, Western Sydney Buses and the RTBU will determine other measures to be
included in the next Award, in order to achieve the Target.
Medical Examination, the Role of Health Services
Officers and Employee Obligations
An employee reporting any unplanned absences, arising
from personal illness or injury, will be contacted by a Health Services Officer
(HSO), on the first or any subsequent day of the unplanned absence. The HSO
will discuss with the employee, the circumstances of the unplanned absence
including appropriate medical referrals and likely date of return to work.
If the employee cannot be contacted by the HSO, the
employee will be required to provide an explanation regarding why they were
unable to be contacted. Where no satisfactory
explanation is provided, paid leave will not be approved and disciplinary
action may be commenced against the employee for unauthorised absence.
If directed by Western Sydney Buses, an employee must
attend an examination by a Western Sydney Buses Nominated Doctor (Western
Sydney Buses Doctor) located within a reasonable travelling distance from the
employee’s home, at any time. A Western Sydney Buses Doctor may include a
specialist. This may occur where:
(i) an employee has
an unplanned absence arising from a personal illness or injury;
(ii) the employee
has been placed on an absence management program; and/or
(iii) there are
reasonable grounds to doubt the genuineness of the absence where it relates to
personal illness or injury.
Where an employee is required to attend a Western
Sydney Buses Doctor for medical examination, the Western Sydney Buses Doctor
will determine whether or not the employee is fit for their normal duties.
Where a Western Sydney Buses Doctor examines an
employee and determines that the employee is fit for their normal duties, no
paid leave will be payable and the employee may be directed by Western Sydney
Buses to attend for work.
Where an employee who has been directed to attend for
work following examination by a Western Sydney Buses Doctor, fails to do so,
the employee will:
(i) have any paid
leave withheld;
(ii) be considered
to be on unapproved leave until any relevant medical reports have been
considered; and
(iii) may be subject
to disciplinary action.
Managing Employees with Unacceptable Attendance
Patterns - Absence Management Programs
An employee with an unacceptable attendance pattern may
be placed on an Absence Management Program (AMP). In administering AMP’s, there
is absolutely no intention by Western Sydney Buses to place undue pressure on
any employee in genuine need of sick leave.
Unacceptable Attendance Pattern means any pattern of
unplanned absence, which the employee’s manager, on reasonable grounds,
believes warrants the employee being placed on an absence management program,
and includes:
(i) failure to
comply with any aspect of Western Sydney Buses sick leave policy (a copy of
which can be accessed through State Transit’s Business Management System), or
an obligation imposed under the provisions of this clause;
(ii) failure to
produce a medial certificate or other satisfactory evidence to support an
unplanned absence where the employee was under an obligation to do so.
The following are provided as examples of attendance
patterns which would require review by management and which may result in an
Employee being placed on an Absence Management Program:
(i) a pattern of
unplanned absences predominately on particular days of the week or during
particular times of the year;
(ii) high number of
one to two day unplanned absences, particularly for different reasons;
(iii) a pattern of
unplanned sick leave immediately following or preceding RDO’s, ADO’s, public
holidays or annual leave;
(iv) unplanned
absence on a day, which an employee sought as a day off, but which was not
approved;
(v) unplanned
absences on special events;
(vi) four or more
absences (particularly single day absences), in a four month period.
Western Sydney Buses Sick Leave Policy and Procedure may
be varied during the life of this Award, including any variations, which are
necessary to give effect to the provisions of this clause.
Absence Management Program Step 1 - Preliminary
Discussion
The employee will be interviewed by their supervisor or
manager regarding any apparent unacceptable attendance pattern. Reasons for the
absence history may be explored. Further medical investigation and referrals
may be required at this stage.
If, following discussion and any necessary further
investigation, the employee’s manager remains unsatisfied with the attendance
pattern, the employee will be advised in writing that should there be no
improvement in their attendance pattern, they will be placed on an absence
management program. However, in exceptional circumstances, an employee may be
placed on an absence management program at this point.
Absence Management Program Step 2 - Placement on a
Program
Should an employee’s attendance pattern remain
unsatisfactory, the employee will again be interviewed by their manager. If,
following the further interview, the employee’s manager remains unsatisfied
with the attendance pattern, the employee will be placed on an absence
management program which will include the following:
(i) all unplanned
absence due to personal illness or injury will need to be medically supported
while the employee remains on an absence management program;
(ii) regular review
meetings between the manager and employee as required;
(iii) any unplanned
absence will require approval and until the employee has applied for leave,
been interviewed by their manager and the leave has been approved, any
unplanned absence will be treated as unauthorised leave and may lead to
discipline action;
(iv) medical
examination by a Western Sydney Buses Doctor as required, including when
reporting unplanned absences due to personal illness or injury;
(v) written
confirmation of placement on the absence management program and advice that a
continuing unacceptable attendance pattern, including the taking of any
unauthorised leave, may result in further disciplinary action leading to
termination of employment.
Step 3
Where an employee’s attendance pattern remains
unacceptable, following implementation of steps 1 and 2, formal disciplinary
action may be commenced against the employee. However, disciplinary action may
be commenced at any time prior to Step 3, in the event of unauthorised absences
or failure to comply with any direction issued under the absence management
program.
Continuous Review
An employee placed on an absence management program
will be subject to continuous review, and may be removed from the absence
management program, at any time, following demonstrated improvement in their
attendance pattern.
Employees will be advised in writing of the decision to
remove them from the absence management program. However, should the employee
again come under notice for an unacceptable attendance pattern, the employee
may be placed back on an absence management program
ATTACHMENT B
TRAINEE BUS
OPERATOR & BUS OPERATOR PART TIME HOURS OF WORK
|
Employee Name
|
Employee Number
|
|
Grade
|
Depot
|
|
Shift Number
|
Weekly Hours
|
SHIFT SIGN ON/SIGN
OFF TIMES
|
DAY
|
START
|
FINISH
|
MEAL
|
Hours
|
START
|
FINISH
|
HOURS
|
DAILY
|
|
|
|
|
TIME
|
Worked
|
|
|
WORKED
|
HOURS
|
|
Sunday
|
|
|
|
|
|
|
|
|
|
Monday
|
|
|
|
|
|
|
|
|
|
Tuesday
|
|
|
|
|
|
|
|
|
|
Wednesday
|
|
|
|
|
|
|
|
|
|
Thursday
|
|
|
|
|
|
|
|
|
|
Friday
|
|
|
|
|
|
|
|
|
|
Saturday
|
|
|
|
|
|
|
|
|
|
TOTAL
|
|
|
|
|
|
|
|
|
The above shifts will apply until such time as you
transfer to other work, or timetable changes necessitate changes to the shift
times. All changes to rostered work will be undertaken in line with Award and
Enterprise Agreement provisions.
ATTACHMENT C
WAGE RATES AND ALLOWANCES
Table 1 - Rates of Pay
|
|
Rate per week
|
|
|
Date of Award
|
On and from 12
month
|
|
|
Ratification
|
anniversary of
ratification date
|
|
|
4%
|
4%
|
|
|
Trainee Bus Operator
|
$807.50
|
$839.80
|
|
|
Bus Operator
|
$836.80
|
$870.30
|
|
|
Team Leader
|
$901.20
|
$937.20
|
|
|
Bus Operator Trainer Level 1
|
$967.70
|
$1,006.40
|
|
|
Bus Operator Trainer Level 2
|
$1,038.40
|
$1,079.90
|
|
Table 2 - Allowance
|
Clause
|
Description
|
Allowance
|
Allowance
|
|
No.
|
|
Date of Award
|
On and from 12
month
|
|
|
|
Ratification
|
anniversary of
ratification date
|
|
|
|
4%
|
4%
|
|
8
|
Shift Allowance
|
15% Hourly Rate
|
15% Hourly Rate
|
|
8
|
Shift Allowance Team
|
15% Hourly Rate
|
15% Hourly Rate
|
|
|
Leader
|
|
|
|
11(e)
|
Meal Break
|
$10.30
|
$10.70
|
|
15(f)
|
Attending Court
|
$10.30
|
$10.70
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.