QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999 – s. 156 – certification of an agreement

Unitywater Certified Agreement No. 1 2011

Matter No. CA/2011/359 Commissioner Thompson 18 January 2012

CERTIFICATE

This matter coming on for hearing before the Commission on 18 January 2012 the Commission certifies the following written agreement:

Unitywater Certified Agreement No. 1 2011 - CA/2011/359 Made between: Northern SEQ Distributor-Retailer Authority trading as Unitywater (ABN 89 791 717 472) AND Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland; The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees; Plumbers & Gasfitters Employees' Union Queensland, Union of Employees; The Australian Workers' Union of Employees, Queensland; The Electrical Trades Union of Employees Queensland; Queensland Services, Industrial Union of Employees; and The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees. The agreement was certified by the Commission on 18 January 2012 and shall operate from 18 January 2012 until its nominal expiry on 30 June 2014. By the Commission. Commissioner Thompson

  

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QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999 - s. 156 - certifying an agreement

Northern SEQ Distributor-Retailer Authority trading as Unitywater ABN No. 89 791 717 472

AND

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch,

Union of Employees; and others (No. CA/2011/359)

UNITYWATER CERTIFIED AGREEMENT No. 1 2011

APPLICATION FOR CERTIFICATION OF AGREEMENT

This Agreement, made under the Industrial Relations Act 1999 on.18 January 2012 between the Chief Executive Officer of Unity Water; The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees; Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland; The Australian Workers' Union of Employees, Queensland; Federated Engine Drivers' and Firemen's' Association of Queensland, Union of Employees; Plumbers and Gasfitters Employees Union Queensland, Union of Employees; The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; The Electrical Trades Union of Employees Queensland; and Queensland Services, Industrial Union of Employees, witnesses that the parties mutually agree as follows:

TABLE OF CONTENTS Subject Matter Clause No. PART 1 - GENERAL Title 1.1 Definitions 1.2 Parties Bound 1.3 Single Bargaining Unit 1.4 Application 1.5 Date and Period of Operation 1.6 Relationship to Awards 1.7 Purpose of this Agreement 1.8 Copy of Agreement 1.9 No Extra Claims 1.10 Dispute Resolution Procedure 1.11 Positive Workplace Relations 1.12 Role of Joint Consultative Committee 1.13 PART 2 - WAGES AND ALLOWANCES Wage Increases 2.1 Best Rate Equalisation 2.2 Position Review 2.3 Income Safety Net 2.4 Allowances 2.5 Service Time 2.6 Superannuation 2.7 Salary Sacrificing and Packaging 2.8 New Licenses/Permits when Roles are Redesigned or Role Requirements are Changed 2.9 Work Locations, Transfer and Travel 2.10 Local Area Work Agreements 2.11 PART 3 - WORKING ARRANGEMENTS Hours of Work, On-Call, Public Holidays 3.1 Recruitment and Selection 3.2 Permanent Conversion 3.3 Secondments 3.4 Job Sharing 3.5 More Than One Engagement 3.6

  

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Working From Home 3.7 PART 4 - LEAVE Annual Leave 4.1 Personal Leave 4.2 Long Service Leave 4.3 Parental Leave 4.4 Bereavement Leave 4.5 Blood Donor Leave 4.6 Jury Service Leave 4.7 Witness Expenses 4.8 Emergency Services Leave 4.9 Natural Disaster Leave 4.10 Defence Force Leave 4.11 Trade Union Training Leave 4.12 Leave Without Pay 4.13 Mid-Career Break 4.14 Stand Down 4.15 Study Assistance 4.16 PART 5 - EMPLOYEE WELLBEING Occupational Health and Safety 5.1 Employee Wellbeing 5.2 Healthy Lifestyle Initiatives 5.3 Equity and Diversity 5.4 PART 6 - WORKFORCE CHANGE Employee Development 6.1 Employment Security 6.2 Contracting Out, Outsourcing, Shared Services 6.3 Workplace Change Notification 6.4 Redundancy, Redeployment and Retrenchment 6.5 Transmission of Business 6.6 PART 7 - SCHEDULES Joint Consultative Committee Charter Schedule A Schedule of Wages Schedule B Treatment Plant Annualised Salary Schedule Schedule C Network Operations - Northern Operations Control Centre Shift Arrangements Schedule D Live Sewer Annualised Salary Allowance (Noosa LAWA 2002) Schedule E Live Sewer Annualised Salary Schedule F Personal/Sick leave - Payout of Entitlement Schedule G PART 8 - SIGNATORIES PART 1 - GENERAL 1.1 Title This Union Certified Agreement is made in accordance with the Industrial Relations Act 1999 (Qld) will be known as the Unitywater Certified Agreement No. 1 2011. 1.2 Definitions The following terms used in this Agreement shall have the meanings given below: 1.2.1 "Act" means the Industrial Relations Act 1999. 1.2.2 "Agreement" means the Unitywater Certified Agreement No. 1 2011 (hereinafter referred to as the

Agreement). 1.2.3 "Business" includes trade, process, business or occupation and includes part of any such business and

"transmission" includes transfer, outsourcing, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

  

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1.2.4 "Chief Executive Officer" (CEO) means the Unitywater Chief Executive Officer and includes the Chief Executive Officer's delegate.

1.2.5 "Commission" means the Queensland Industrial Relations Commission. 1.2.6 "Consultation" means an exchange of information by the parties and the affected employees, enabling all the

participants to genuinely contribute to the decision making process taking into consideration all relevant views of the participants.

1.2.7 "Continuous shift worker" means an employee who: (a) is employed in a calling in which shifts are worked 24 hours a day, seven (7) days a week; and (b) works a rotating roster that includes each of the shifts. 1.2.9 "De facto partner" means either one (1) of two (2) persons who are living together as a couple on a genuine

domestic basis but who are not married to each other or related by family. 1.2.10 "Field-based staff" means employees engaged to undertake predominantly non-administrative duties as their

primary function of employment and are based in the field within Unitywater's depots, sewage treatment plants or workshops and include construction, maintenance, operations, surveying or Supervisors who supervise other Operational employees and are employed under the:

Building Trades Public Sector Award - State 2002; Engineering Award - State 2002; or Local Government Employees' (excluding Brisbane City Council) Award - State 2003.

1.2.11 "Immediate family" includes:

(a) the employee's spouse; (b) a child, ex-nuptial child, stepchild, adopted child, ex-foster child, parent, grandparent, grandchild or sibling

of the employee or employee's spouse; and (c) any other family member with whom the employee has a relationship similar to those listed in (a) and (b)

above. 1.2.12 "Manager" means a Senior Manager and/or Manager as reflected within the Organisational Structure. 1.2.13 "Mutual Agreement" shall mean agreement in writing (or otherwise mutually accepted manner) between

Unitywater, the employee(s) and the Union (where appropriate). 1.2.14 "Productivity" is the efficiency with which resources are used to produce and deliver services at specified

levels of quality and timeliness. Productivity gains may be in a variety of forms, which may include:

The provision of the same level and quality of services at a lesser input; The provision of a greater level of customer service at the same or lesser input; New sources of income, offsets and partnerships; The development of a capacity to provide increased services in those work units where growth is occurring; Updated technology; and Any agreed combination of the above.

1.2.15 "Salaried staff" means employees who are employed under the Queensland Local Government Officers Award

1998. 1.2.16 "Salaried staff supervising field-based staff" means those employees who are employed under the Queensland

Local Government Officers Award 1998 and directly supervise employees who are employed under the: Building Trades Public Sector Award - State 2002; Engineering Award - State 2002; or Local Government Employees' (excluding Brisbane City Council) Award - State 2003.

1.2.17 "Spouse" of an employee, includes:

(a) a current or former spouse of the employee; and (b) a de facto partner, including a same gender de facto partner.

1.2.18 "Unitywater" is the Northern SEQ Distributor-Retailer Authority trading as Unitywater.

  

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1.2.19 "Work Team/Area" is a group of employees who work collectively together for a common purpose and may or may not be based in the one physical location. This group may also include Supervisors and the Manager of the functional area (even where the Manager is responsible for other functional areas).

1.3 Parties Bound The parties to this Agreement are Northern SEQ Distributor-Retailer Authority trading as Unitywater, its employees covered by the Awards listed in Clause 1.7 and the following Unions:

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees (APESMA)

Automotive Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

The Australian Workers' Union of Employees, Queensland (AWU) Plumbers and Gasfitters Employees Union Queensland, Union of Employees (PGEU) The Construction, Forestry, Mining and Energy, Industrial Union of Employees (CFMEU), Queensland Federated Engine Drivers' and Firemen's Association of Queensland, Union of Employees The Electrical Trades Union of Employees Queensland (ETU) Queensland Services, Industrial Union of Employees (QSU)

1.4 Single Bargaining Unit For the purposes of negotiating and implementing a certified Agreement on behalf of all Unions and employees in accordance with the principles as set out in the Industrial Relations Act 1999 (Qld), a Single Bargaining Unit (SBU) has been established. 1.5 Application This Agreement shall apply to Unitywater, the Unions listed in Clause 1.3 and all employees covered by the Awards listed in Clause 1.7. This Agreement will not apply to the Chief Executive Officer (CEO) and other second (2nd) and third (3rd) tier organisation structure Executive Management positions as defined by Clause 6 of the Queensland Local Government Officers' Award 1998. 1.6 Date and Period of Operation This Agreement shall operate, in accordance with its terms, from the date of certification to the 30 June 2014. The parties agree that discussions to review and renegotiate this Agreement shall commence six (6) months prior to the expiration of this Agreement and every endeavour shall be made to complete negotiations for a replacement Agreement by the expiry of this Agreement. This Agreement will continue to operate until a replacement Agreement is finalised 1.7 Relationship to Awards This Agreement shall be read and interpreted wholly in conjunction with the relevant parent Awards listed below provided that where there is any inconsistency between this Agreement and the applicable relevant parent Award, this Agreement shall prevail to the extent of that inconsistency. Where this Agreement is silent the provisions of the relevant parent Award shall apply as it stands as at date of certification. The relevant parent Awards are as listed:

Building Trades Public Sector Award - State 2002 Engineering Award - State 2002 Family Leave Award - 2003 Local Government Employees' (excluding Brisbane City Council) Award - State 2003 Queensland Local Government Officers' Award 1998

1.8 Purpose of this Agreement The parties to this Agreement recognise that Unitywater operates in a commercial environment that is vastly different from that which prevailed when Council operated and provided water and sewage services. This changed environment

  

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necessitates flexibilities to deliver a cost effective and efficient service to Unitywater's customers and to ensure that Unitywater is competitive in a commercial environment where charges for core services are set by a government regulator. Flexibilities which provide the basis for the wage increases and other enhanced conditions provided by this Agreement include:

Patterns of working hours which meet business needs, enhance customer service, protect the environment, provide a safe working environment and support employees' needs for work-life balance;

Reporting on site at the designated start time where required, appropriate and properly equipped ready to commence work;

Fully utilising employee skills and abilities; and Using all technology made available that enhances safety, service delivery or business effectiveness and

efficiency.

Unitywater is committed to retaining its own workforce to perform the full range of current business activities as well as new business opportunities. The parties agree that in a commercialised environment employment security is best achieved by running a cost effective and efficient business. This Agreement supports that strategy. The foundation principle for this Agreement is a fair day's pay for a fair day's work. 1.9 Copy of Agreement This Agreement will be accessible to all current employees and displayed in electronic form on Unitywater's intranet and hard copy at accessible points. All future employees will be advised on how they can access a copy of this Agreement in their appointment documentation. 1.10 No Extra Claims This Agreement is a closed Agreement in settlement of all claims in relation to the terms and conditions of employment of the employees who are subject to this Agreement. Subject to the exceptions in this Clause, the parties agree that no further claims will be pursued during the term of this Agreement. This Clause does not exclude any increases in allowances as determined by any relevant legislation and the State Wage Case Variation. It is agreed that a party may apply to amend any of the Awards listed in Clause 1.7 or apply to make a new Award during the term of this Agreement provided that such amendments or new Award will not take effect until after the expiry of this Agreement. Unitywater is committed towards providing its employees with opportunities to enhance their skill levels so that they are capable of competently performing their duties and improving both their own capabilities and the operations of the business. During the term of this Agreement the affected parties will work together towards the development of a competency based framework. It is the responsibility of all of the affected parties to actively participate in the development of the competency framework through:

1) Providing updates on the development of the competency framework as a standard agenda item at the Joint

Consultative Committee (JCC) meetings; 2) Providing information provided during the course of the project outside of the scheduled (JCC) meetings

as required to provide ongoing information to members; 3) Consultation and agreement in the development and completion of the competency framework; 4) Consultation and agreement on the implementation process; 5) All affected parties must participate and reach agreement on any outcomes of a competency remuneration

structure should it be developed during the life of the Agreement, and any agreed competency remuneration structure shall, as a minimum, maintain the provisions of the Queensland Local Government Officers' Award 1998 for salaried officers; and

6) Resolving disputes on the development, implementation or any other outcomes of the development of the competency framework being managed in accordance with the Dispute Resolution Procedure at Clause 1.11.

1.11 Dispute Resolution Procedure 1.11.1 Effective communication between employees and Management is a prerequisite to positive industrial relations.

The following procedure enables timely resolutions of any grievances about industrial matters and maintains efficient and sound working relationships.

  

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1.11.2 The following procedure applies to any grievance or dispute arising between Unitywater and its employees in

relation to this Agreement or any industrial matter which is subject to the jurisdiction of the Queensland Industrial Relations Commission:

Step 1 Any employee or employees with a grievance or dispute will promptly raise the matter(s) with the immediate Supervisor who will endeavour to resolve the matter as soon as possible. The employee(s) may request Union representation or a nominated support person. Step 2 If the matter is not resolved at this level, the employee(s) shall discuss the matter(s) at issue with the next higher level of Management. The employee(s) may request Union representation or a nominated support person. Step 3 Should the matter remain unresolved, it should then be referred to the employee's Executive Manager who will attempt to facilitate a resolution with the employee(s). The employee(s) may request Union representation or a nominated support person. Note: Where practical, each of the above steps shall take place within seven (7) working days.

1.11.3 If after the above steps the matter remains unresolved, the dispute may be referred by either party to the

Queensland Industrial Relations Commission for conciliation and if necessary, arbitration. The parties acknowledge that arbitration is binding on all parties.

1.11.4 Whilst the grievance/disputes procedure is being followed, the continuation of work and customary work

practices (status quo) shall prevail until such time as a settlement is reached, except where a bona fide Occupational Health and Safety issue is involved. Where a bona fide Occupational Health and Safety issue is involved, an employee shall not work in an unsafe environment. Where appropriate, the employee shall accept reassignment to alternative suitable duties or agreed alternative work environment whilst a resolution to the dispute is pending and the employee shall not experience a loss of income. Nor will the employees' pattern of work change unless by mutual agreement.

1.11.5 The above procedures do not restrict Unitywater or an authorised officer of the relevant Union from making

representations to each other at any stage in this procedure. 1.12 Positive Workplace Relations This Agreement recognises the concept of "Freedom of Association" and the employees' right to join and maintain financial membership of a Union/industrial organisation that has the right to represent the industrial interests of the employees. Unitywater also acknowledges that an employee who is eligible to become a member of a Union/industrial organisation, may become or remain a member of the Union/industrial organisation without fear of discrimination. 1.12.1 Right of Entry As outlined in relevant legislation, Unitywater will allow reasonable access to its employees during working hours by accredited officials of a Union party to this Agreement provided such access does not disrupt the work activities of Unitywater employees. Wherever possible reasonable notice will be given to the CEO/delegate for the following purposes:

Meeting with workplace delegates; or Meeting with employees; or Meeting with relevant Management members on matters associated with agreement or current industrial

workplace issues; or To conduct Union business matters or matters incidental to Union business including Occupational Health

and Safety. Only when requested by Authorised Union Officials and approved by the CEO/delegate will officers have access to rooms in Unitywater buildings to undertake meetings, investigate concerns or interview members in accordance with Section 373 of the Industrial Relations Act 1999 (Qld).

  

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1.12.2 Union meetings Where a Union calls an official meeting of members during their work time, the members shall not lose pay, provided that:

There is minimal disruption to normal "day to day" operations; and Adequate notice to the CEO has been provided about the following:

o Date, time and place of meeting; o Purpose of meeting; o Duration; and o Whether a meeting room is required.

Except in extraordinary circumstances, a minimum of 48 hours' notice is required. Paid time will not exceed 30 minutes without prior approval. 1.12.3 Union delegates support Unitywater acknowledges that Union Industrial Officers, employee delegates and employee representatives have a continuing role to play in the improvement of the workplace. The existence of accredited Union delegates is supported and Unitywater will not hinder accredited delegates in the reasonable and responsible performances of their duties. In establishing an appropriate relationship between Unitywater and Unions party to this Agreement, and as part of encouraging employees to exercise their right to join and remain members of the relevant Union the following shall apply:

1) A person elected or appointed as a Union delegate shall, upon notification to Unitywater from the relevant Union, be recognised as the accredited representative of the Union;

2) A Union delegate shall have the right and be allowed a reasonable period of time without loss of pay to discuss work related matters which are of concern to any employee or to convey information relating to the workplace to employees provided that the Union delegate shall advise the relevant Supervisor(s) beforehand and not unduly interfere with the work in progress;

3) A Union delegate shall be allowed a reasonable period of time without loss of pay during work hours to consult with an authorised official of the Union provided that this does not unduly interfere with the work in progress;

4) Unitywater shall provide the Union delegate with reasonable access to a telephone and other suitable facilities where practical (such as e-mail system, printers and photocopiers in accordance with Policies, Code of Conduct and guidelines that can be considered to be reasonable and cost effective) to progress inquiries on behalf of a member on work related matters;

5) The Union delegate shall have the right to place meeting notices on notice boards at Unitywater premises provided that the notice is authorised by the Union and is not derogatory, defamatory or offensive; and

6) The Union delegate shall have the right with the approval of the CEO/delegate to place newsletters and publications on notice boards at Unitywater's premises, provided that such publications are authorised by the Union, are not derogatory, defamatory or may cause offence and deal with legitimate Union matters.

Where information is to be disseminated to all staff, or to a group of staff that may include non-union members, the message must be approved by the CEO before dissemination. Such clearance shall not be unreasonably withheld. Information that is more specific and generally intended only for Union members does not need clearance by the CEO before dissemination. Such information may be placed by delegates on notice boards. Reasonable use of the e-mail system may be used for circulating messages in these instances, on a selective basis to Union members only. Information or comments must not be circulated if they are derogatory, defamatory or may cause offence. 1.13 Role of Joint Consultative Committee 1.13.1 To facilitate the implementation of this Agreement and ongoing workplace change as a result of reform,

effective consultation and communication is essential. To this end, the Unitywater Joint Consultative Committee (JCC) shall be maintained as the primary consultation forum between Management and Unions.

1.13.2 The Parties are committed to a consultative and participative workplace culture that will bring about change

and reform through cooperation. Management will assist and support these processes by providing resources and staff to participate where required. At the conclusion of negotiations for this Agreement membership and the previously developed charter for this group will be reviewed.

  

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1.13.3 Upon the completion of negotiations for this Agreement the Unitywater JCC shall continue to meet every two

months during the life of this Agreement. 1.13.4 The Unitywater JCC will oversee the implementation of employment matters arising in regards to the

application of the SEQ Distribution and Retail Water Reform Workforce Framework 2009. 1.13.5 The Unitywater JCC will be consulted on proposed policies relating to significant employment matters. 1.13.6 The JCC Charter is attached is at Schedule A of this Agreement. PART 2 - WAGES AND ALLOWANCES 2.1 Wage Increases The parties agree that the EBA wage increases provided in this Clause recognise the flexibilities, efficiencies and cost effective measures that may be introduced in accordance with this Agreement. In addition to the base rate equalisation process in Clause 2.2, base rates of pay will be increased by:

1) 3.8% or $40 per week, whichever is the greater, effective the first pay period after 1 July 2011, applied after base rates have been equalised in accordance with Clause 2.2 Base Rate Equalisation Process; and

2) 3.8% or $40 per week, whichever is the greater, effective the first pay period after 1 July 2012; 3) 3.8% or $40 per week, whichever is the greater, effective the first pay period after 1 July 2013.

Progression through the applicable salary increments of pay shall be in accordance with the provisions of the relevant parent Award. Base rates are set out in Schedule B. 2.2 Base Rate Equalisation 2.2.1 Preamble The parties acknowledge the lack of equity generated by the historical difference between rates of pay for similar work which prevailed in the former Councils. The parties recognise that differences arise for a number of reasons:

1) EBA base rates in the MBRC EBA1 were higher than those in the SCRC Certified Agreements; and 2) Employees performing similar work are classified at different levels.

This Clause addresses the first issue. Classification issues will be addressed in accordance with Clause 2.3 of this Agreement. 2.2.2 Equalisation The general principle is that the base rates for each Award classification level and pay point within level will be the rate provided in the MBRC EBA 1 2009. This equalisation will be effective from the last pay period commencing in June 2011. 2.3 Position Review All positions are to have a position description which will be used as the primary source of classifying positions. Whenever a position is redesigned, the position will require an evaluation. A copy of the revised agreed Position Description shall be provided to the incumbent employee. Until such time as a competency based framework as per Clause 1.10 of this Agreement is developed and implementation agreed, all positions will be classified or reclassified in accordance with the relevant parent Award. All positions that have not had a formal review since the commencement of Unitywater business operations will be done so as to provide consistency in position descriptions and to determine parity for the work being performed. This will be completed within 12 months from the certification of this Agreement. The process to achieve this will be a collaborative one between Management, affected staff and Unions and will incorporate the following principals:

  

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The current classification level and wage of employees will remain (with the exception of applicable wage

increases provided for within this Agreement) until such time as a formal job evaluation process has been finalised.

Employees whose classification level through the evaluation process is confirmed at a level lower than their current classification will have their wage maintained for the life of their employment with Unitywater (whilst they remain in that role) and will continue to receive all future applicable Agreement increases (Unitywater will not absorb any future pay increases) during this period. Affected employees will not be disadvantaged under any circumstances and may compete for positions at their current classification level. These provisions sit separately to those provided in Clause 6.5 Redundancy, Redeployment and Retrenchment of this Agreement.

Employees whose classification level through the evaluation process is confirmed at a level higher than their current classification level will have their wage increased to the first pay point of that level.

2.4 Income Safety Net This Clause applies only to employees who were transferred on 1 July 2010 to Unitywater from Sunshine Coast Regional Council or Moreton Bay Regional Council. This Clause does not apply where an employee changes role. If the role change is because the employee's original role has become redundant and the employee has been redeployed, the income maintenance provision of the Clause 6.5 Redundancy, Redeployment and Retrenchment will apply. The parties acknowledge that Clause 8.2.5 of the SEQ Distribution and Retail Water Reform Workforce Framework 2009 applies a no disadvantage test to the terms and conditions of this Agreement. This Framework Clause provides:

"the "no disadvantage test" must be based on the transferred terms and conditions of all the transferred industrial agreements (and relevant Awards) that applied immediately to each individual employee prior to transfer of employees to the new water entities. The "no disadvantage test" must be applied so as to ensure that the new industrial agreement must not, on an overall basis, disadvantage employees in relation to the terms and conditions that transferred with the employees to new water entities (that is, the conditions the employees were engaged under with the council)."

The parties agree that this Clause of this Agreement ensures that the no disadvantage requirements of the SEQ Distribution and Retail Water Reform Workforce Framework 2009 are met for each transferred employee for the life of this Agreement. This Clause ensures that a transferred employee's "normal annual income" under this Agreement is no less than their "normal annual income" for the year ending 30 June 2011 plus the wage increase effective the first pay period after 1 July 2011 under Clause 2.1. For the purpose of this Clause "normal annual income" does not include discretionary overtime and means the annual total of the employee's:

Base rate; Regular or systematic allowances; Over-award payments accordance with sub-clause 2.5.2; and Ordinary time shift allowances or weekend penalties which have been paid during ordinary time.

Where an employee was receiving an annualised salary immediately prior to 30 June 2011, "normal annual income" means the annualised salary at 30 June 2011 plus the wage increase effective the first pay period after 1 July 2011 under Clause 2.1. If a transferred employee believes that their "normal annual income" under this Agreement is less than the "normal annual income" for the year ending 30 June 2011 plus the wage increase effective the first pay period after 1 July 2011 under Clause 2.1, the employee may request a parity payment equal to the difference. The request must be in writing to the relevant Executive Manager. Unitywater will provide the employee with an assessment of the parity payment within four (4) weeks of receiving the employee's written request. Unitywater will not make the parity payment to the employee until the employee has agreed in writing that the payment is correct. Where an employee has requested a parity payment and disagrees with the assessment, the employee shall use the Dispute Resolution Procedure (Clause 1.11) of this Agreement.

  

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2.5 Allowances 2.5.1 Application and purpose This Clause completely replaces Award Clauses in relation to entitlement to and payment of the allowances which are provided in this Agreement. Where Award allowances are paid, the rate of payment is the current rate in the Award. The parties acknowledge that past practice may have included paying allowances which were not provided by either an Award or Certified Agreement (over-award allowances). The parties also acknowledge that past practice may have included the payment of allowances provided by an Award but in ways that did not comply with the terms of the Award. It is agreed that allowances will now be paid in accordance with the terms of the Award or Certified Agreement. Employees who receive an annualised live sewer allowance immediately prior to this Agreement coming into operation will continue to do so whilst the employee remains in the role for which annualisation was implemented unless mutually agreed otherwise. Allowances will be paid on the basis of the work performed by the employee. Allowances are not personal salary payments which necessarily follow the employee when the employee changes role. Managers may authorise the continuation of allowances to an employee relieving in another role where this is appropriate and meets business needs. Field-based staff means employees who are employed under the:

Building Trades Public Sector Award - State 2002; Engineering Award - State 2002; or Local Government Employees' (excluding Brisbane City Council) Award - State 2003.

Salaried staff means employees who are employed under the Queensland Local Government Officers Award State 1998. 2.5.2 Preservation of over-award payments for existing employees The parties acknowledge that prior to the commencement of Unitywater's operations, over-award payments were in place to recognise specific business needs of the previous services when they operated as part of Council. Unitywater acknowledges that on 1 July 2010 a number of various over-award payments were in place for transferring staff. These over-award payments included but are not limited to:

Noosa Skilled Workshop Allowance Personal Loading (former Caboolture and Redcliffe area electricians) Market Loading (former MBRC plumbers) Trade Allowance (former Pine Rivers plumbers) Multi Plant allowance Operators Incentive Allowance

These over-award payments will be formalised and maintained as personal loading payments and expanded (if applicable). This process will occur within 12 months from the date of certification of this Agreement. Appointment to a new role will not entail the continued provisions of these payments where there is no direct relationship between the new role and the position that the employee was previously in. New appointments to work areas will not be made under these arrangements. Unitywater and an employee in receipt of this payment may by mutual agreement cease this arrangement. 2.5.3 Adverse working conditions allowances The following allowances for working in adverse conditions will be paid in accordance with this Agreement:

1) Construction allowance 2) Confined space allowance 3) Live sewer work allowance (field based employees) 4) Work under extraordinarily difficult or unpleasant conditions (salaried staff employees) 5) Discomfort allowance - working in full asbestos PPE

2.5.3.1 Construction allowance

  

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This sub-clause replaces in their entirety the following Award Clauses and no claims under those Award Clauses are payable:

Building Trades Public Sector Award - State 2002 Clause 5.2.10 Construction Allowance. Engineering Award - State 2002 Clause 5.8.8 Construction Allowance. Local Government Employees' (excluding Brisbane City Council) Award - State 2003. Clause 5.8.1

Construction Allowance. All employees whilst actually engaged on construction, reconstruction, alteration, repair and/or maintenance work on site shall be paid an allowance at the rate of 3.5% of the weekly base EBA rate for the trade equivalent AQF III (C10 in the Engineering Award) which shall be treated as part of the ordinary weekly wage for the purposes of this Agreement. The construction allowance compensates for the following:

Climatic conditions where working in the open on all types of work; The physical disadvantages of having to climb stairs or ladders; Dust blowing in the wind on construction sites; Sloppy or muddy conditions; Dirty conditions; Drippings from newly poured concrete; The disability of work on all types of scaffold other than a single plank or bosun's chair; The lack of usual amenities associated with factory work; and All other present disabilities not specifically compensated or allowed for by any other provision in the

Award's. The construction allowance is all purpose, that is, it will be included in the computation of overtime, payment for week end work, shift work and public holidays and the rate for all paid leave. The construction allowance will be paid to eligible employees regardless of whether those employees also receive other adverse working conditions allowances. Queensland Local Government Officers' Award employees who directly supervise 38 hour week workers who receive this allowance, will be paid the construction allowance. Because the allowance will increase with EBA increases to base rates, the increases to allowances from annual State Wage Cases will not be applied to this allowance. 2.5.3.2 Confined space allowance An employee who in any week, works in a compartment or space which meets the definition of a confined space under the relevant workplace health and safety legislation will be paid a weekly allowance of $22 for such work in that week. 2.5.3.3 Live sewer work 2.5.3.3.1 Live sewer work - Field based employees Rate of payment for live sewer work Field based employees engaged on live sewer work or cleaning septic tanks shall, during ordinary hours, be paid at the rate of time and a-half for all time so engaged. During overtime or on week-ends or public holidays employees shall be paid one-half of the ordinary hours' hourly rate in addition to the relevant overtime, week-end or public holiday rate for all time engaged on live sewer work. Employees who are on any day required to carry out work in connections with the release of blockages in sewerage lines, septic tanks and connections (including pumps) shall be paid not less than four (4) hours at time and a-half during ordinary hours or at the appropriate rate for overtime. All time involved in travelling to and from such operations shall be deemed to be time worked for this purpose. Exclusion The payment for live sewer work shall not apply to employees engaged at sewage treatment plants (STP) in their capacity as STP operators or STP operators assistants/assistant operators. During the life of this Agreement, Unitywater will investigate the feasibility of annualising live sewer payments.

  

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The parties are committed to developing a set of guidelines for the application of Award conditions to work practices during the life of this Agreement. Until such guidelines are developed definitions for the application of the live sewer allowance will apply as per the relevant Award. The guidelines will not be implemented until all parties reach agreement, such agreement shall not be unreasonably withheld. 2.5.3.4 Work under extraordinarily difficult or unpleasant conditions - Salaried staff employees Salaried staff employees will be paid for work under extraordinarily difficult or unpleasant conditions in accordance with the terms of the Queensland Local Government Officers' Award State 1998 Section 12.7.2 - Work under extraordinarily difficult or unpleasant conditions. 2.5.3.5 Discomfort allowance - Full asbestos PPE An employee who is required to wear full personal protective equipment (PPE) whilst working with asbestos will be paid an hourly allowance for all time worked while required to wear PPE, as follows:

75c/hr until 30 June 2012; 80c/hr from 1 July 2012; 85c/hr from 1 July 2013.

This sub-clause completely replaces Clause 5.2.3 of the Building Trades Public Sector Award - State 2002. 2.5.4 Leading hand allowance A field-based employee appointed by the employer to be in charge of other employees shall be paid a daily allowance equal to 67 cents per hour. This allowance shall be included in the ordinary wage for all purposes of this Agreement, that is, it will be included in the computation of overtime, payment for week end work, shift work and public holidays and the rate for all paid leave. The leading hand allowance will not be paid to an employee who is relieving higher duties in a role that is not paid as a leading hand, for example, a Supervisor paid under the Queensland Local Government Officers Award, unless the Manager has authorised the continuation of allowances where this is appropriate and meets business needs. This allowance will increase during the life of this Agreement as follows:

71 c/hr from 1 July 2012; 75 c/hr from 1 July 2013.

2.5.5 Electrical work licence allowances These allowances recognise the increase in the value of work of electrical fitters imposed by the requirements of Electrical Safety Act 2002. This allowance will not be offset against increases from the base rate equalisation process (Clause 2.2), that is, all eligible employees will receive the allowance in addition to their base salary. 2.5.5.1 Electrical contractors licence allowance Where Unitywater requires an employee to hold an Electrical Contractor Licence to enable them to perform duties of their appointed role, the employee will be paid an all purpose allowance of $65 per week. The Electrical Contractor Licence will be increased during the life of this Agreement as follows:

$67.50 per week from 1 July 2012; $70.10 per week from 1 July 2013.

2.5.5.2 Electrical work licence allowance Where Unitywater requires an employee to hold an Electrical Work Licence to enable them to perform duties of their appointed position, the employee will be paid an all purpose allowance of $21.60 per week. The Electrical Work Licence will be increased during the life of this Agreement as follows:

$22.45 per week from 1 July 2012; $23.35 per week from 1 July 2013.

  

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2.5.6 Tool allowance To ensure that minimum standards for safe and effective equipment are met, Unitywater will provide all necessary tools for employees to safely and effectively perform their work. Where Unitywater does not provide the tools required for the role, and therefore employees are required by Unitywater to supply and use their own tools to carry out Unitywater business, they shall receive an allowance of $25 per week. The allowance will not be paid to an employee who elects to use their own tools in preference to tools provided by Unitywater. An employee in receipt of the allowance may be asked to provide evidence of supplying their own tools. This allowance will be included in computations of payment for overtime, and work on public holidays and week-ends but it will not be paid during leave. The tool allowance will be increased during the life of this Agreement as follows:

$26 per week as of 1 July 2012; $27 per week as of 1 July 2013.

2.5.7 First-aid allowance Employees who hold a current first aid certificate and who have been appointed as a designated First Aid Officer, shall receive an allowance of $14.30 per week. The employee must work a minimum of two (2) full-time equivalent days per week to be entitled to the allowance which will be paid pro rata. The first aid allowance is all purpose, that is, it will be included in the computation of overtime, payment for week end work, shift work and public holidays and the rate for all paid leave. The first aid allowance will be increased during the life of this Agreement as follows:

$14.85 per week as of 1 July 2012; $15.45 per week as of 1 July 2013.

Unitywater will provide the training required by relevant legislation for employees designated as First Aid Officers. 2.5.8 Meal allowances and incidental allowances when working away from home When an employee is required to work away from home so that the employee is required to spend the night away from home, reasonable meal expenses and incidental expenses will be reimbursed upon the employee producing receipts. If the employee does not provide receipts for actual expenditure, meal and incidental allowances in accordance with ATO scales, as amended from time to time, will be paid. The ATO rates for meals in capital cities for 2010-11 are:

Breakfast $23.10 Lunch $25.90 Dinner $44.50

The rates for meal allowances for high cost country centres, or two tier country centres or other country centres for 2010-2011 are found in Taxation Determination TD 2010/19 on the ATO website. The ATO rate for incidental allowance for 2010/11 is $16.85 per day. Meal allowances will not be paid where the employee has received a meal as part of a catered course or seminar or where Unitywater has paid for meals as part of accommodation costs. Purchase of alcohol will not be reimbursed or paid for. 2.6 Service Time Where an employee is directed to service a piece of Unitywater plant or vehicle in accordance with the manufacturers service manual outside of normal working time, the employee will be paid the appropriate overtime rate for the time worked.

  

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2.7 Superannuation Unitywater will provide superannuation benefits for employees in accordance with the Local Government Superannuation Trust Deed and Chapter 17 of the Local Government Act 2009. 2.8 Salary Sacrificing and Packaging 2.8.1 All permanent/maximum term full-time or part-time employees may agree to salary sacrifice part (or the total)

of their remuneration in return for other benefits, such as additional employee superannuation contributions etc.

2.8.2 The employee's right to sacrifice a part (or the total) of their salary or wage shall be subject to any

Commonwealth taxation laws affecting salary sacrifice arrangements or rulings of the Australian Taxation Office in relation to salary sacrifice arrangements which may be introduced or amended from time to time during the term of this Agreement.

2.8.3 The amount the employee sacrifices must be sufficient to cover the cost to Unitywater of the benefit the

employee wishes to receive, including any Fringe Benefit Tax payable on the benefit and the cost to Unitywater of the non-deductibility of that Fringe Benefits Tax. Any arrangement for salary sacrificing should result in no additional cost to Unitywater. The employee authorises Unitywater to make those deductions from their remuneration, and the employee, not Unitywater, will be responsible for any salary sacrifice arrangements established. That includes retaining or taking over from Unitywater any ongoing legal obligations in respect of any benefits for which the employee has salary sacrificed, upon termination of the employee's employment.

2.8.4 The earnings base for calculating the employee's entitlements such as overtime, and employer superannuation

contributions will not be affected by any salary sacrifice arrangements the employee enters into with Unitywater.

2.8.5 Unitywater recommends employees consult a taxation adviser to ensure any possible Taxation and Fringe

Benefits Tax implications are understood, if any, related to a salary sacrificing agreement, before the employee signs this document. Fringe Benefits Tax is reported on the employees annual Payment Summary.

2.9 New Licences/Permits when Roles are Redesigned or Role Requirements are Changed 2.9.1 Where a position is redesigned or the requirements of the role change (e.g. organisational restructure or

statutory requirements) so that the incumbent is required to possess an additional licence or permit, Unitywater will pay for the costs of this licence or permit and any renewal. Employees are expected to participate in any appropriate accreditation process required to obtain such permits or licences.

2.9.2 If a licence or permit is a requirement of a position, external candidates are expected to hold that licence/permit

upon application for employment. 2.9.3 A licence for a basic trade qualification and renewal of that licence is the responsibility of the employee. 2.9.4 This Clause does not apply to professional memberships. 2.10 Work Locations, Transfer and Travel 2.10.1 Application The provisions in this Clause for designated work locations and payments for transfer to alternative designated work locations do not apply to employees whose work location and transfer travel expenses are provided by the SEQ Distribution and Retail Water Reform Workforce Framework 2009. The provisions of this Clause for reporting directly from home to site (and vice versa) and related travel payments apply to all employees and override all current practices and provisions under Awards, Certified Agreements or Local Area Work Agreements which provide payment for reporting on site. 2.10.2 Designated usual work locations and transfer travel Employees will have a single designated usual work location. For the purposes of this Clause a usual location shall mean a designated administration office, store, depot, or sewage treatment plant, etc.

  

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The parties acknowledge Unitywater employees are still located in accommodation owned by the partner Councils. It is recognised that Unitywater will need to review the accommodation needs of the business and investigate new opportunities for accommodating staff during the life of this Agreement. Unitywater reserves the right to make appropriate strategic business decisions as a result of such a review. Employees may be transferred to a new designated work location provided that such transfers may only occur where an employee can reasonably travel to and from home on a daily basis to the new work location, and this does not cause undue hardship to the employee. Transfers may be on a temporary, permanent or rotational basis. Where Unitywater makes a definite decision to permanently transfer an employee to a new designated work location, discussions must take place in accordance with Clause 6.4 Workplace Change Notification of this Agreement. The employee and the relevant Union/s will be given a minimum of four (4) weeks' notice of a substantive change to the employees work location as a result of a permanent transfer, unless a lesser period is mutually agreed between Unitywater, the employee and the relevant Union/s. Wherever possible as much notice as practical in excess of four (4) weeks will be given. The notice period will take effect at the conclusion of the consultation process with affected staff. Where the additional travel distance between home and the new work location is five (5) km or greater than the travel time between home and the former work location, the employee's Manager will decide, in consultation with the employee, if the employee will travel between home and work during the employee's normal start and finish times. If the Manager decides that the employee will travel outside the employee's normal start and finish times, the employee will be paid actual travel time at single time at the employee's ordinary base rate for up to 30 minutes each way. Where the employee is not provided with a Unitywater vehicle and travels to the new work location in the employee's private vehicle, the employee will be paid kilometres travelled in accordance with ATO rates for the extra travel distance which is five (5) km or greater (each way) than the travel between the former work location and home. If the employee travels by public transport, reasonable additional fares will be reimbursed. Where an employee elects to move residence the employee's travel payments will be reassessed. The employee will not receive any increase in the travel payments as a result of moving residence and where applicable the amount will be reduced. An employee may seek voluntary transfer to another location. Consideration of any such request will be at the discretion of the employee's Executive Manager based on operational requirements and availability of positions in the various locations. In this case no travel allowance is payable on voluntary transfer of location. Payment for travel time and kilometres travelled in accordance with this Clause will continue for the life of the Agreement. Disputes about work locations, transfers and travel payments will be managed in accordance with the Dispute Resolution Procedure (Clause 1.11) in this Agreement. 2.10.3 Reporting and finishing on site An employee required to start and/or cease work on site will be paid a daily allowance of $11.50 for every day on which the employee is required to travel directly between home and work site outside of their normal work hours. Where an employee is required to report directly to or finish on a site, the employee will travel up to 20 minutes in their own time to receive the allowance. Where the distance takes longer than 20 minutes this will be in the employees normal work time. If an employee is required to cease work on site, the employee will cease work at the employees' normal finishing time unless otherwise directed to do so. In circumstances where an employee would have normally received the payment for starting and/or ceasing work on site but is required to report directly to the employee's designated usual work location or finish there then they will receive this payment (e.g. when the employee is required to attend a meeting). This payment does not include circumstances as detailed in sub clause 2.10.4 and 2.10.5 and is not paid when an employee is on leave. Wherever practicable, Unitywater will provide a vehicle to an employee required to report on site. Where the employee is not provided with a vehicle and uses the employee's private vehicle, the employee will be paid kilometres travelled

  

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for the extra distance between home and site, compared to the travel between home and the employee's designated usual workplace. 2.10.3.1 Implementation of reporting and finishing on site The parties agree to the implementation of work patterns that enable staff to report and finish on site as directed. The parties acknowledge that this work practice is currently successfully being performed in a number of areas within the Unitywater workforce. The models already in place should be used as a guide for the effective implementation of this concept for the broader workforce. The implementation of the report and finish on site work pattern will occur in accordance with the following process:

1) Employees of identified work areas and relevant Unions will be fully consulted and provided with the timeframe for the implementation of this change to work patterns;

2) A working group consisting of one (1) Union official and one (1) staff delegate representing that Union from the work areas affected by this change along with relevant Unitywater Management representatives will be established as the primary consultation forum for the implementation process;

3) Implementation to commence no later than 1 March 2012 as directed by area Unit Leaders/Supervisors when the mobile computing system has sufficient forward work to enable crews to operate efficiently;

4) For the first six months after implementation the working group will meet monthly to review the working arrangements in order to resolve any issues raised, specifically focussing on excessive and unreasonable travelling requirements; and

5) Should there be any matters that are unable to be resolved through the working group then these should be managed and settled in accordance with the Dispute Resolution Procedure (Clause1.11) in this Agreement.

As it is recognised that this practice is currently in place those work areas already performing this may continue to work in this manner without needing to enact the steps above. 2.10.4 Travel involving staying away from home Unitywater will pay reasonable accommodation and travel expenses for an employee who is required by Unitywater to travel and it is not reasonable for the employee to return home at the end of each day. Where employees are required to remain away from home overnight meal and incidental expenses will be in accordance with the provisions listed in sub-clause 2.5.8. Accommodation provided by Unitywater should be in a single room or in a twin room if single rooms are not available and have adequate furnishings, bedding, floor coverings, lighting and be provided with hot and cold running water. Where appropriate, the accommodation must have adequate heating and/or cooling. 2.10.5 Other travel Unitywater may require an employee to travel in circumstances other than those provided in 2.10.2, 2.10.3 and 2.10.4 (for example when the employee is required to attend a training course or seminar). Such an employee is entitled to claim kilometres travelled at ATO rates for use of their private vehicle if the employee is not provided with a Unitywater vehicle. As far as practicable, travel in such circumstances should occur during an employee's normal work hours. However it is recognised that travel within the employee's normal start and finish times is not always possible in order to meet the needs of the purpose of the travel. Where travel occurs outside the employee's normal start and finish times, the employee will be paid actual travel time at single time at the employee's ordinary base rate for up to 60 minutes each way. The employee and the Manager may agree that the employee banks time off in lieu of payment for travel time. 2.11 Local Area Work Agreements 2.11.1 The parties acknowledge that Local Area Work Agreements (LAWAs) were developed to recognise specific

business needs of the previous services when they operated as part of Council. This Agreement does not support the continuation of existing LAWAs or the making of new LAWAs.

Unitywater acknowledges that on 1 July 2010 the Certified Agreements that applied to the predecessor Councils recognised the following LAWAs relevant to transferring Sunshine Coast and Moreton Bay Council staff:

  

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Maroochy Water Services Water and Sewerage Treatment Operations Local Work Area Agreement 2007 Maroochy Operations Control Group Local Work Area Agreement 2006 (replaced by Sunshine Coast

Regional Council Sunshine Coast Water Network Operations Group Local Area Work Agreement 2009) Noosa Live Sewerage Allowance Local Area Work Agreement 2002 Maroochy Mechanical/Electrical and Civil Services Units Local Work Area Agreement 2007 Caloundra Standby and Callout Local Area Agreement (Building and Trades) 2005-2008 (replaced by

Sunshine Coast Regional Council Sunshine Coast Water On Call and Call Out (Building Trades Awards and Engineering Awards Local Area Work Agreement 2010)

Maroochy On-Call and Call-Out Building Trades Engineering Awards 2005 (replaced by Sunshine Coast Regional Council Sunshine Coast Water On Call and Call Out (Building Trades Awards and Engineering Awards Local Area Work Agreement 2010)

Caloundra CalAqua Treatment Plant Operators Local Work Area Agreement 2002 Noosa Sewerage Treatment Plant Operations Local Area Work Agreement 2003 Moreton Bay Water On Call Local Area Workplace Agreement

2.11.2 These current arrangements will be managed through this Agreement as follows: 2.11.2.1 The following LAWA's will be replaced by the provisions of sub-clause 3.1.14 On-call, stand-by allowance,

recall and call-out of this Agreement as at the commencement of the first pay cycle after the date of certification of this Agreement:

1) Moreton Bay Water On Call Local Area Workplace Agreement (Schedule 5(a) of the Moreton Bay

Regional Council EBA1 2009; 2) Caloundra Standby and Callout Local Area Agreement (Building and Trades) 2005-2008 (replaced by

Sunshine Coast Regional Council Sunshine Coast Water On Call and Call Out (Building Trades Awards and Engineering Awards Local Area Work Agreement 2010);

3) Maroochy On-Call and Call-Out Building Trades Engineering Awards 2005; and 4) Sunshine Coast Regional Council Sunshine Coast Water On Call and Call Out (Building Trades Awards

and Engineering Awards) Local Area Work Agreement 2010. 2.11.2.2 The Noosa Sewerage Treatment Plant Operations Local Area Work Agreement 2003 will cease as at date of

certification of this Agreement. 2.11.2.3 The Caloundra CalAqua Treatment Plant Operators Local Work Area Agreement 2002 will cease as at 30 June

2011. Over-award payments as provided for in this LAWA will be formalised as personal loading payments for those

staff in receipt of these payments prior to the certification of this Agreement.

Appointment to a new role will not entail the continued provisions of these payments where there is no direct relationship between the new role and the position that the employee was previously in. New appointments to work areas will not be made under these arrangements. Unitywater and an employee in receipt of this payment may by mutual agreement cease this arrangement.

2.11.2.4 The Maroochy Water Services Water and Sewerage Treatment Operations Local Work Area Agreement 2007 will cease as at the date of certification of this Agreement. The annualised salary arrangements provide under this will continue (unless otherwise mutually agreed to cease) and are provided in Schedule C of this Agreement.

2.11.2.5 The Sunshine Coast Regional Council Sunshine Coast Water Network Operations Group Local Area Work

Agreement 2009 will cease as at the date of certification of this Agreement. The salary arrangements and working conditions are replaced by Schedule D of this Agreement.

2.11.2.6 The salary arrangements from the Noosa Live Sewerage Allowance Local Area Work Agreement 2002 will

continue (unless otherwise mutually agreed to cease) and are provided in Schedule E of this Agreement. 2.11.2.7 The Maroochy Mechanical/Electrical and Civil Services Units Local Work Area Agreement 2007 will cease as

at the certification of this Agreement. The payments associated with this will be managed as follows:

1) The over-award workplace efficiency payment associated with this LAWA will be formalised as personal loading payment for those staff in receipt of these payments prior to the certification of this Agreement.

Appointment to a new role will not entail the continued provisions of these payments where there is no direct relationship between the new role and the position that the employee was previously in. New

  

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appointments to work areas will not be made under these arrangements. Unitywater and an employee in receipt of this payment may by mutual agreement cease this arrangement.

2) Payments associated with the requirements to start and finish on site will be replaced by sub-clause 2.10.3

of this Agreement. 3) Annualised live sewer allowances as developed under the provisions of this Agreement will continue

(unless otherwise mutually agreed to cease) and are provided in Schedule F of this Agreement. 2.11.3 Notwithstanding any of the above an employee may seek resolution of any matter in line with the process

detailed in Clause 2.4 Income Safety Net and Clause 1.11 Dispute Resolution Procedure (Clause 1.11) of this Agreement.

PART 3 - WORKING ARRANGEMENTS 3.1 Hours of Work, On-Call, Public Holidays 3.1.1 Application and purpose The purpose of this Clause is to improve our business in ways which:

Enhance service delivery internally and to our customers; Are cost-effective, efficient and competitive in a commercial environment; Protect the environment; Ensure occupational health, safety and well-being; and Account for the work-life balance needs of employees.

3.1.2 Relationship to awards This Agreement is to be read in conjunction with the provisions of the parent Awards listed in Clause 1.7 Relationship to Awards which provide for:

Hours of work including casual and part-time work, Meal breaks; Rest pauses; Overtime including recall, call back and stand-by; and Penalties and loadings for shift work, week-end work and work on public holidays.

The terms of this Agreement prevail over the relevant Award provision to the extent of any direct inconsistency. 3.1.3 Nine day fortnight Unless an alternative pattern of working hours has been agreed or otherwise provided in accordance with this Agreement, full-time employees will work nine (9) days per fortnight as follows:

Field based staff will work 76 ordinary hours per fortnight; Salaried staff will work 72.5 ordinary hours per fortnight

In each week, ordinary hours will be worked on Mondays to Fridays, within the daily spread of 6am to 6pm and daily hours will be approximately one-ninth of the fortnightly hours. Start and finish times, including staggered start and finish times within the ordinary spread of 6am to 6pm, will be determined by the relevant Manager in consultation with the employees. At least 28 days notice of changes to start and finish times must be provided (or a shorter period as mutually agreed) by the Manager after the consultation has concluded. Disputes about start and finish times will be managed in accordance with the disputes procedure. 3.1.4 Salaried staff supervising field-based staff Salaried staff who directly supervise field-based staff will work 38 hours per week and receive a loading of 4.827%, which is paid during all paid leave and is superannuable. The loading fully compensates for the additional hours. 3.1.5 Rostered days off Rostered days off (RDOs) may be used to average ordinary hours over the work cycle only for full time employees including shift workers.

  

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Employees working a nine (9) day fortnight shall be entitled to one (1) rostered day off (RDO) in every fortnight without reduction in pay except as is otherwise provided for in this Agreement. An RDO may be taken Monday to Friday (inclusive). The allocation of which day of the week shall be taken as an RDO shall be determined at the work unit level. Managers shall prepare rosters in accordance with the above for three (3) months. Such rosters are to be available to each employee four (4) weeks prior to the expiry of the previous roster. Managers may roster RDOs on different days of the week for members of the same work unit. Managers will provide each roster to the payroll office for proper recording of employee work patterns. An RDO should be taken on the days allocated on the roster. However, alteration to rosters may be required from time to time due to emergent circumstances. In such circumstances alteration to rosters will occur by mutual agreement between the Manager and employee. Employees may bank three (3) RDOs to cover the Christmas close-down. Subject to the approval of the Manager, employees may accrue and bank up to a further seven (7) RDOs at any point in time. Approval for banking RDOs must be obtained in advance and must be recorded on timesheets When the number of banked RDOs accrued after 1 July 2011 has exceeded the number agreed between the employee and the Manager, the Manager may direct the employee to take RDOs. Where the taking of excess RDOs is unable to be operationally accommodated for then the employee will be paid one day's wages at (1.5 time) for each banked RDO paid to the employee to reduce this level to the agreed accrual amount in this Agreement. Managers will consult with employees to eliminate banked RDOs which accrued prior to 1 July 2011 by 31 December 2011. If an RDO falls on a public holiday, the RDO may be taken on the day adjacent to the public holiday. However where it can be demonstrated that the taking of an RDO on the day adjacent to the public holiday will have a significant effect on the delivery of services to customers and/or team operations then the RDO will be banked or by agreement between the Manager and the employee, taken on another day. An employee who falls sick on an RDO cannot claim the day as sick leave or take a substitute RDO. If an employee ceases employment with Unitywater and the employee has banked RDOs outstanding, the employee will be paid one day's wages at 1.5 time for each banked RDO. For the purpose of payment, "one day' for field staff is one-ninth of 76 hours and for salaried staff is one-ninth of 72.5 hours. 3.1.6 Four day week The parties acknowledge that prior to the commencement of Unitywater's operations, four (4) day week arrangements were in place for staff formerly employed under the provisions of the Redcliffe EOS Management Workplace Agreement and staff employed in the former CalAqua Treatment Plants. These four (4) day week arrangements will be maintained for those staff party to these arrangements. For staff employed under the provisions of the Redcliffe EOS Management Workplace Agreement those arrangements pertaining to this Agreement will continue as follows:

4 day week; 9.5 hours per day; Normal hours of work 7:30am to 5:30pm with variation by mutual agreement; Rostering of work days from Monday to Saturday; and Award overtime rates for any work done on Saturday.

Appointment to a new role will not entail the continued provisions of these arrangements where there is no direct relationship between the new role and the position that the employee was previously in. New appointments to these work areas will not be made under these arrangements. Unitywater and an employee working to this pattern may by mutual agreement cease this arrangement. 3.1.7 Part-time hours - Other than shift workers

  

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Unitywater will facilitate part-time employment where it can be demonstrated that such an arrangement does not result in any extra cost, the job is appropriate to part time employment and that any arrangement proposed by an employee(s) has been agreed to by the Management in the particular work area. Part-time hours may range from one day per week to a maximum of full-time hours. The minimum hours per day are three (3) hours. At the time of engagement or when a full-time employee moves to part-time hours Unitywater and the employee will agree in writing on an initial systematic pattern of work relevant to the position. The agreed systematic pattern of work will cover:

Weekly hours; Daily hours; and Days on which hours will be worked.

The initial systematic pattern of work may be varied in writing by mutual agreement on a permanent or temporary basis. The initial systematic pattern of work may be varied to cover planned absences, peak periods of business operations or through the availability of an employee to perform additional hours. Where the systematic pattern of work is mutually agreed to be varied to increase the hours of engagement, but the employee still remains on a part-time basis, then these increased hours will be paid at ordinary rates of pay. All hours worked above the revised systematic pattern of work will be paid at overtime rates as per the Award. Temporary variations to the systematic pattern of work will not exceed more than three (3) months in duration at any one time in most circumstances. The exception to this is when the temporary variation is to cover planned absences and peak periods that are known to be more than three (3) months at the time the variation is agreed to. Variations to the systematic pattern of work not involving additional hours will be by mutual agreement with, as far as practicable, no less than two (2) weeks notice prior to the commencement of the revised systematic pattern of work. Where a request is made for an employee to work additional hours, to cover unplanned absences or peak periods/planned absences, with less than two (2) weeks notice, the additional hours beyond the agreed systematic pattern of work will be paid at overtime rates as per the Award. A part-time employee will be paid overtime for hours worked as directed or authorised by the Manager:

Outside the normal span of hours (6am to 6pm); or All time worked in excess of the hours mutually agreed in the systematic pattern of work.

Overtime will not be performed without prior approval and agreement. TOIL (time off in lieu of overtime) may not be used by part-time employees, other than to bank hours to be used over the Christmas close down. TOIL is on a time for time basis. In such cases Managers are responsible for managing TOIL and associated record keeping within their own work areas and the time off equals the duration of time during which overtime was worked. The balance of TOIL not used after the close down period will be paid out at the rate of time and a half no later than four (4) weeks after the close down period. Existing part-time employees employed under the Queensland Local Government Officers' Award 1998 Award who currently receive a part-time loading will continue to receive the loading until:

The employee's hours have increased equal to the level of the previous remuneration; or The employee is appointed to a position where the salary is equal to or more than the salary of the previous

position A bi-annual review will be conducted on the pattern of work for all part-time employees. Where it is reasonably established that additional hours beyond the systematic pattern of work have been worked on a regular and systematic basis Unitywater and the employee (and the relevant Union as requested by the employee) may agree on a revised systematic pattern of work to be increased permanently by the average of the additional hours worked over the previous six (6) month period. Any alteration to the systematic pattern of work will take into account business needs and budgetary considerations specific to work areas as well as the ongoing availability of the employee. A copy of the written agreement made to vary the initial systematic pattern of work, or further subsequent changes to this, should be provided to the employee and a copy placed on their personnel file.

  

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Contact centre work rosters will be agreed in advance, at least seven (7) days prior to implementation. Any additional authorised hours performed by a part-time employee during the rostered period that is above their agreed systemic pattern of work will be paid at overtime rates as per the Award. Such overtime will not be performed without prior approval and agreement. The ordinary span of hours for the contact centre may be changed to 7am to 7pm in accordance with the procedure in sub-clause 3.1.8 Alternative Pattern of Ordinary Hours. 3.1.8 Alternative patterns of ordinary hours The parties recognise that business needs might require a range of patterns of working hours to be implemented across Unitywater. Different work groups or business units or individuals may work different patterns of ordinary hours, other than the arrangements provided in sub-clause 3.1.3 Nine-day fortnight. Unitywater envisages that alternative patterns of working hours are likely to include:

Some field based staff, (approximately 10% of crews) working staggered start and finish times so that ordinary hours are worked by different teams across the full span of 6am and 6pm;

Staggered start and finish times within 6am to 6pm in sewage treatment plants; Some field based staff working afternoon shifts (probably one or two crews in the north and one or two in

the south) so that ordinary hours are worked by different teams between 6am and 10pm; Contact centre staff working ordinary hours across a span of 7am to 7pm (instead of 6am to 6pm);

Unless otherwise provided for in this Agreement alternative patterns of working ordinary hours will be introduced provided that:

Employees and relevant Unions have been fully consulted and provided with reasons for the proposed change;

A majority of affected employees agree to the change provided that agreement will not be unreasonably withheld and disputes will be settled in accordance with the disputes procedure in this Agreement; and

At least 28 days notice of the change (or a shorter period as mutually agreed) is provided after agreement has been reached.

Rosters for patterns of ordinary hours other than the nine-day fortnight must be based on the following:

Weekly hours (for other than shift workers) may be averaged over work cycles of up to four (4) weeks; Ordinary hours for full-time employees in each calendar week will be separated by at least two consecutive

days off; and The days worked by full-time employees in each calendar week will be consecutive.

3.1.9 Week-end penalties and shift loadings Full-time, part-time and casual employees may work shift work. If field based employees are required to work shift work, the shift loading for afternoon shifts or night shifts worked on weekdays is 30%. Shift loading will not be paid for ordinary hours worked between midnight Friday and midnight Sunday if the employee is paid weekend penalty rates. Field based staff working an afternoon shift will work a standard day and take a paid meal break during this work shift. Salaried staff working shift work will be paid in accordance with the shift work provisions of the Queensland Local Government Officers Award. Applicable Award conditions for shift work will apply except for the Network Control Centre as per Schedule D Network Operations - Northern Operations Control Centre Shift Arrangements. 3.1.9.1 Implementation of afternoon shift The parties agree to the implementation of an afternoon shift roster work pattern (Monday to Friday) as part of this Agreement. All parties agree to work cooperatively with appropriate consultation to develop and implement this work pattern. This roster will be developed initially for the civil services area and will comprise four (4) civil crews across the Unitywater service area in their designated regions (Noosa/Nambour, Caloundra, Caboolture and Petrie/Redcliffe). The afternoon shift roster will also align with the on call roster for that work region.

  

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It is agreed that the safety of employees working the afternoon shift is a priority for all parties. The parties also acknowledge that the introduction of an afternoon shift roster will contribute to increased fatigue management support for employees and better match the organisations resources with the work being performed. The implementation of the afternoon shift will occur in accordance with the following process:

1) Employees of identified work areas and relevant Unions will be fully consulted and provided with the timeframe for the implementation and the proposed work patterns;

2) A working group consisting of one (1) Union official and one (1) staff delegate representing that Union from those affected by this change along with relevant Unitywater Management representatives will be established as the primary consultation forum for the trial period;

3) The introduction of the afternoon shift roster from the civil work crews will align with the on call roster; 4) The commencement of the afternoon shift will occur no later than 1 March 2012; 5) An initial trial period for the afternoon shift roster will be established for six (6) months; 6) At least one month prior to the conclusion of the trial period the working group will review the initial

working period to resolve any issues raised during this initial timeframe; 7) Should there be any matters that are unable to be resolved through the working group then these should be

managed and settled in accordance with the disputes procedure in this Agreement; and 8) At least 28 days notice of any changes to shift rosters beyond the initial trial period (or a shorter period as

mutually agreed) will be provided.

Appropriate after hours support for staff working the afternoon shift roster will be available through the development of an on call roster for Supervisors of field based staff. Whilst Unitywater wishes to initially introduce the afternoon shift roster within the civil services area the organisation may determine that the scope of the work areas may increase to other field based crews (i.e. Mechanical, Electrical, Pump Stations) or reduce if insufficient response work for crews. Provided that before any of the implementation steps listed in this sub-clause are initiated for other work areas, Unitywater will consult with affected employees and relevant Unions with reasons for the proposed change.

3.1.10 Discretionary hours Rosters or arrangements for employees to work discretionary hours in addition to ordinary hours (including overtime. on-call rosters and call back) shall be determined by the relevant Manager in consultation with affected employees. Reasonable notice appropriate in the circumstances will be given.

3.1.11 Flexi-time Flexi-time can only be worked by prior agreement between the Manager and the employee to meet business needs or the employee's work-life balance. Where flexi-time is agreed, ordinary hours will be worked:

Within the spread of ordinary hours; Up to 9 hours on any one day

Wherever possible, the banked time will be taken off by mutual agreement within the pay period in which it was accrued. However, the banked time may be taken off by mutual agreement during the pay period which follows the pay period during which it was accrued. Part-time employees may work flexi-time in order to bank paid time to be taken during the Christmas closedown. Banked time will not be paid out in cash. Managers are responsible for keeping the appropriate records and managing flexi-time within their work units. 3.1.12 Overtime and TOIL - Full-time employees other than shift workers Overtime is all time worked by a full-time employee as directed or authorised by the Manager:

Outside the employee's usual start and finish times; or Outside the spread of ordinary hours; or For field based staff , hours in excess of 38 hours per week averaged over the work cycle (e.g. 9 day

fortnight, 4 day week); or

  

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For salaried staff, hours in excess of 36.25 hours per week averaged over the work cycle (e.g. 9 day fortnight, 4 day week);

Provided that where an employee works flexi-time by agreement, overtime will be paid only for time worked outside the spread of ordinary hours or in excess of nine (9) hours per day. Overtime will be paid at the relevant rates in accordance with the applicable parent Award listed in Clause 1.7 Relationship to Awards. A full-time employee may elect to take TOIL (time off in lieu of payment for overtime) on a time for time basis provided that:

The Manager agrees that time off may be substituted for payment; Arrangements for TOIL are agreed between the Manager and the employee in advance; Managers are responsible for managing TOIL and associated record keeping within their own work areas; The time off equals the duration of time during which overtime was worked; The time off is taken at a mutually agreeable time; The time off must be taken within four (4) weeks of the overtime being worked; If the employee does not take the time off within four (4) weeks, the TOIL will be paid out at 1.5 time; If TOIL is paid out, the Manager must provide payroll officers with adequate documentation; and TOIL cannot be substituted for payment for overtime worked on call-back or call-out.

3.1.13 Fatigue break Where an employee works overtime between finishing ordinary hours on one day and starting ordinary hours on the next, the employee is entitled to a minimum of 10 consecutive hours off duty preceding the commencement of ordinary work the next day. If the employee performs so much overtime after finishing ordinary hours on one day that s/he will not receive at least 10 consecutive hours off duty immediately preceding the commencement of ordinary work the next day, the employee will be released after the completion of such overtime until s/he has had 10 consecutive hours off without loss of pay. If the employee is directed to resume duties or continue to work without having 10 hours off duty, the employee will be paid 200% of their ordinary rate of pay for the time worked until released from duty. The employee will then be entitled to be absent until s/he has had 10 consecutive hours off duty, without loss of pay for the ordinary hours s/he would normally have worked. Where an employee performs overtime on a Sunday, RDO or public holiday preceding a day on which the employee works ordinary hours, the employee is entitled to 10 consecutive hours off duty within the 12 hours immediately prior to the start of ordinary hours. If an employee performs so much overtime that s/he will not receive at least 10 consecutive hours off duty in the 12 hours immediately preceding the commencement of ordinary work, the employee will be released after the completion of such overtime until s/he has had 10 consecutive hours off without loss of pay. If the employee is directed to resume duties or continue to work without having 10 hours off duty, the employee will be paid 200% of their ordinary rate of pay for the time worked until released from duty. The employee will then be entitled to be absent until he/she has had 10 consecutive hours off duty, without loss of pay for the ordinary hours s/he would normally have worked. However where the employee has worked two (2) hours or less overtime without having to attend a work site (for example by telephone, computer or other remote connection) this period of overtime is deemed to not have interrupted consecutive hours off duty for the purpose of either of the previous two paragraphs. 3.1.14 On-call, stand-by allowance, recall and call-out 3.1.14.1 On-call Unitywater may require any employee to be on call to perform necessary work outside of the employee's ordinary working hours. An on-call employee may be recalled (called back) to perform work on a day on which ordinary hours are worked, or may be called out to perform work on a week-end or public holiday. An employee who is recalled or called out to perform work outside the employee's ordinary working hours will, where practicable, complete all work that is allocated to them at the time of the recall or call-out. In work areas where operations would continue during the annual close down period only those staff that continue to work through this time will be required to maintain on call support. Where necessary, the Manager will devise an on-call roster three (3) months in advance in consultation with employees.

  

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Employees who are on call are required to hold themselves available to be recalled or called out to work if required by Unitywater. 3.1.14.2 Stand-by allowance An employee who is rostered on call and required to work at a site shall be paid a stand-by allowance of $58 each day when the employee is required to be available for work. An employee who is rostered on call for telecommuting or remote assistance shall be paid a stand-by allowance of $58 per day. Notwithstanding this the employee is required to be available for work and to attend a work site when required. The stand-by allowance will be increased during the life of this Agreement as follows:

$60.25 each day as of 1 July 2012; $62.55 each day as of 1 July 2013.

If an employee is required to be on call on a public holiday, the employee's annual leave balance will be credited with an additional day's leave. When this leave is taken, the employee will be paid the equivalent of a day's pay at their ordinary rate of pay. Where an employee, prior to the certification of this Agreement, was in receipt of a stand-by allowance higher than the rate stipulated in this Agreement they will be provided a maintenance payment for the duration of the Agreement. This payment will be calculated on the difference between the rates contained in this Agreement and the rate that the employee was receiving prior to certification. This payment should be claimed separately for each occasion the employee is required to be on stand-by and will remain as a personal payment whilst the employee is required to remain on call in their current position until the payment equals or supersedes the retained rate. 3.1.14.3 Minimum payment periods For employees who are rostered on call and recalled or called out from home to work at a site, the minimum overtime payment periods in the Engineering Award - State apply to all employees provided that:

Time for direct travel between home and the work site is paid as part of the call out and is included in the minimum payment period;

Where the employee has been called out, has returned home and receives another call, a new minimum payment period will apply; and

Where the employee has been called out, has not returned home and receives another call, a new minimum payment period will not apply.

These minimum overtime payment periods are four (4) hours on week-days and public holidays and three (3) hours on Saturdays and Sundays. Employees required to respond to after-hours calls for assistance via telephone or computer login and not required to travel from home to a work site, will be paid a minimum of two hours overtime. If additional calls are received within the minimum period of the original call, further minimum payments shall not be made. 3.1.14.4 Payment for work when recalled or called out Unitywater may call out any employee not receiving a stand-by allowance, to perform necessary work outside of the employee's ordinary working hours. Such an employee will be paid overtime. A field staff employee who is recalled or called out will be paid overtime in accordance with the rates in the Engineering Award - State. A salaried staff employee who is recalled or called out will be paid overtime in accordance with the rates in the Queensland Local Government Officers Award. An employee rostered on-call shall be provided with a Unitywater vehicle whilst on call to optimise response times. The vehicle will comply with relevant local government by-laws and property covenants regarding parking vehicles on or outside residential properties. Guidelines for the appropriate use of the provided vehicle will be developed separate to this Agreement. An employee who is rostered on-call on a regular basis will be issued with seven (7) sets of Unitywater uniforms with "fair use" replacement as necessary.

  

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3.1.15 Public holidays

Employees shall be entitled to their ordinary pay for the public holidays and show holidays mentioned in this sub-clause where such holidays form part of their ordinary weekly hours of work irrespective of the fact that no work is required to be performed on any such day. Where the employee is required to work on such holidays, the employee will be paid as follows:

1) If the public holiday falls on a day of the week on which the employee would ordinarily work:

a) All time worked between the employee's start and cease times that would normally apply on that day of the week, will be paid at double time and a half for a minimum of four (4) hours (for the purposes of this paragraph, where the rate of wages is a weekly rate, double-time and a half shall mean one and one-half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day).

b) All time worked outside the employee's start and cease time that would normally apply for that day of the week will be paid at double the relevant overtime rate.

2) If the holiday falls on a day of the week on which the employee would not ordinarily work, all time worked

will be paid at double time and a half for a minimum of four hours. The public holidays are:

The 1st January; The 26th January; Good Friday; Easter Saturday (the day after Good Friday); Easter Monday; The 25th April (Anzac Day); The Birthday of the Sovereign; Christmas Day; Boxing Day; Labour Day Queensland (first Monday in May); or Any day appointed under the Holidays Act 1983, to be kept in place of any such holiday.

The show holiday for Unitywater employees in the north, that is, whose normal workplace is in the area covered by the Sunshine Coast Regional Council, is the day declared under the Holidays Act for the Sunshine Coast Regional Council district. The show holiday for Unitywater employees in the south, that is, whose normal workplace is in the area covered by the Moreton Bay Regional Council, is the day declared under the Holidays Act for the Moreton Bay Regional Council district. An employee may make a written request to observe the show day that applies to her/his place of residence in lieu of the day that applies to her/his normal workplace. The Manager will give proper consideration to this request in the light of relevant circumstance including operational or business requirements. Such a request should not be approved if it imposes additional costs on Unitywater. Where the Manager has approved such a request, the Manager will immediately advise payroll services in writing. An employee will not observe more than one show holiday in any one year. 3.1.16 Rest pauses and meal breaks The relevant provisions of the applicable Awards apply to rest pauses and meal breaks. 3.2 Recruitment and Selection The parties acknowledge that job security and career development is important and assists in ensuring workforce stability, depth of knowledge and motivation. Where possible Unitywater will promote from within, building on the current knowledge base within the organisation whilst offering developmental opportunities for employees. Unitywater is committed to filling genuine vacancies in its establishment with permanent employees directly employed by Unitywater.

  

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Such vacancies may be filled by a recruitment and selection process or in accordance with Clause 3.3 Permanent Conversion. Where a permanent position has been filled by an external agency/labour hire employee for six (6) months the accountable Manager for the work area and the Executive Manager Workforce Capability and Change will review the circumstances and determine whether a recruitment process should be undertaken. Where the Manager who is accountable for the permanent vacancy decides to recruit to the vacancy, then Managers should follow these steps:

Step 1 Consider the internal applicant pool that is, the existing direct employees of Unitywater including employees who need to be redeployed because their role has become redundant. Step 2 If the manager considers that there is not a sufficient internal applicant pool, the Manager may use a merit process to select an agency/labour hire employee who has performed the role for a period of six (6) months prior to recruiting externally. Step 3 Where the Manager considers that there are no suitable applicants from the internal applicant pool or current agency/labour hire employees with six (6) months service, the Manager may recruit externally.

Simultaneous advertising (both internal and external) may occur if the position has been assessed as a high priority. Where a position has been advertised simultaneously (both internal and external), any internal applicant will be assessed for suitability before external applicants are considered based on the merit principle. Unitywater will attempt to advertise positions on notice boards and will advertise positions on the intranet. The parties acknowledge that there will be circumstances in which Unitywater needs to respond to fluctuations in workforce requirements. Managers should consider temporary employment or term appointments in preference to using labour hire or agency staff. 3.3 Permanent Conversion 3.3.1 A casual or maximum-term employee of Unitywater working on a systematic and regular basis for a period of

12 months may apply to convert their casual or maximum-term status to permanent full-time or part-time depending on the average hours worked over the preceding twelve months. Unitywater should consider the following factors:

Business needs specific to work areas; Regularity of hours and length of employment; Likelihood of ongoing funding available for the position; Whether merit selection was used to make the initial appointment; Employee performance in the role; and Legislative requirements pertinent to particular business areas.

3.3.2 Conversion would not occur if the maximum-term appointment was for a specific project(s) with a specified

end date. 3.3.3 This Clause does not apply to consultants, contractors, labour hire or agency staff. 3.4 Secondments 3.4.1 Secondments are placements whereby an employee is appointed temporarily in a position at the same or higher

level and where the employee meets the requirements of the position. A secondment may be to an internal position or within another organisation.

3.4.2 The purpose of the secondment is to enable the employee to develop new or enhance their existing

competencies, or enable Unitywater to utilise an employee's unique knowledge and skills. Secondments will take place by mutual agreement between the employee and Unitywater and details shall be documented in a written agreement between the employee, Unitywater and the organisation sponsoring the secondment where it is external to the business. All applications will be given genuine and proper consideration and any approval for a secondment external to Unitywater will be by approval of the CEO only.

  

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3.4.3 Secondment approval will only be granted on the basis that it can be demonstrated that the skills and experience gained would be of direct relevance to the employee's ongoing role or Unitywater's business operations and that normal operational business needs can be met during the absence.

3.4.4 Secondments may be approved for a period up to six (6) months. Any extension to this period will be at the

sole discretion of the CEO. 3.4.5 On completion of a secondment, the permanent employee will return to their substantive position and rate of

pay (which may change due to classification increment and EBA increases as appropriate). 3.4.6 In cases where the employee is paid directly by the host employer, the absence from the workplace will be

recorded as leave without pay. In these circumstances Clause 4.13 Leave Without Pay does not apply but continuity of service with Unitywater is not broken. Service with the host employer counts as service with Unitywater for long service leave but not for other paid leave. Where the host employer is an entity covered by portable long service leave provisions under the Local Government Act or relevant Award, service with the host employer will not be counted twice.

3.5 Job Sharing It is agreed that all Parties to this Agreement will facilitate job sharing and/or part-time employment where it can be demonstrated that such an arrangement does not result in any extra cost to Unitywater, the job is appropriate for job sharing or part time appointment and that any arrangement proposed by employee(s) has been agreed by Management in that particular work area. All job share arrangements will be mutually agreed and recorded in writing and those employees party to the agreement will receive a copy of this. In particular:

Job share arrangements may involve up to four (4) incumbents at the Managers' discretion; The position that job share takes place in will be treated as a single position and the hours can be split in

any proportion between the incumbents as negotiated between the Manager and the incumbents; Accrual of entitlements is proportional, based on the proportion of a full-time job being performed; Job share positions will have a roster system that equitably distributes all Public Holidays proportionally to

the split of hours worked; In circumstances where one of the job share partners is absent (e.g. annual leave, sick leave etc) or extra

work is available, additional hours will be offered to the other job share partner(s) at overtime rates of pay for work above the mutually agreed systematic patterns of hours and within the ordinary start and finish times. There will be no obligation on those employees to accept the offer of additional hours. Any additional hours outside the ordinary start and finish time will be paid at the applicable overtime rates;

Job share positions may be trialled for a period of up to three (3) months to establish the effectiveness of the job share arrangements; and

Should the job share position be deemed unsuitable the incumbents will return to their original status and position following a minimum of four (4) weeks notice.

3.6 More than One Engagement Employees may be engaged in more than one capacity by Unitywater provided that:

the employee makes application to perform two or more distinct roles and is successful in that application; approval to work in more than one capacity is by agreement with the relevant work areas (current and

future); and ongoing continuation of the arrangement is conditional on there being no impact on the employee's

performance in their primary role. Each engagement shall stand alone for the purposes of accrued entitlements. Where an employee has been engaged in more than one capacity, such engagements shall not provide for total ordinary hours of work which exceed the ordinary hours of work of a full-time employee. Overtime will only be paid once the agreed normal daily hours of work have been exceeded. 3.7 Working from Home Employees may be permitted to work from home as a means of increasing productivity or to meet employees' personal circumstances. Such approval will be at the discretion of the relevant Manager that the position reports to.

  

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This will be subject to the demands of the role, the actual work content, and mutual agreement between the employee and employer in writing. Employees who are approved to work from home will be covered by all statutory provisions, such as Occupational Health and Safety and Workers Compensation, as if they were working from or in Unitywater premises. PART 4 - LEAVE 4.1 Annual Leave 4.1.1 Entitlement This Clause does not apply to casual employees, or school based apprentice and trainees. Employees other than continuous shift workers are entitled to four (4) weeks annual leave for each completed year of employment as follows:

Full-time employees whose ordinary hours of work are 36.25 per week shall be entitled to 145 hours of annual leave for each completed year of employment.

Full-time employees whose ordinary hours of work are 38 per week shall be entitled to 152 hours of annual leave for each year of employment.

Continuous shift workers are entitled to the equivalent of five (5) weeks annual leave for each completed year of employment as follows:

Full-time employees whose ordinary hours of work are 36.25 per week shall be entitled to 181.25 hours of annual leave for each completed year of employment.

Full-time employees whose ordinary hours of work are 38 per week shall be entitled to 190 hours of annual leave for each year of employment.

Part-time employees shall accrue leave on a pro-rata basis of full time employees undertaking the same type of work. Annual leave is exclusive of public holidays. 4.1.2 Leave loading Annual leave loading of 17.5% is payable on leave in accordance with when the leave is taken or paid out on termination. 4.1.3 Taking leave A Manager and an employee may agree when the employee is to take annual leave. Managers may agree to allow an employee to take annual leave for a single day if business operations are not adversely affected. Employees are to provide a minimum of two (2) weeks notice when requesting more than five (5) consecutive days of annual leave except in emergency circumstances. Employees may accumulate annual leave up to the equivalent of two (2) years' accrual. Where an employee has accrued the equivalent of 1.5 years accrual the employee and their Manager should commence discussions to develop a reasonable plan (by mutual agreement) to ensure the accumulation does not exceed the equivalent of two (2) years' accrual. By mutual agreement an employee may accrue more than two (2) years accrual. Where mutual agreement is unable to be achieved, the Manager may direct the employee to take leave which is in excess of the two (2) years accrual; and must give the employee at least 14 days written notice of the starting date of the leave. Employees may take annual leave at short notice in accordance with the stand-down provisions of this Agreement. By mutual agreement, annual leave may be taken at half pay for double the period of leave. 4.1.4 Debits During fortnights in which annual leave is taken, employees shall be entitled to take their RDO, with no reduction in annual leave credits.

  

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When leave is taken, the debits from the employee's leave balance will equal the rostered ordinary shifts or usual days' hours the employee would have worked in accordance with the projected roster or normal working pattern. 4.1.5 Purchased leave With the approval of the employee's Executive Manager, an employee may purchase additional periods of leave (up to a maximum of four additional weeks leave in any 12 month period). Annual leave loading does not apply to purchased leave. The price of purchased leave shall be the ordinary rate of pay applicable at the date of purchase. Payments for purchased annual leave will be deducted from the fortnightly salary over the 12 month period following the date of purchase. The deduction will be calculated by dividing the cost of the purchased annual leave over a 12 month period (i.e. 26 fortnights). Purchased leave is paid at the rate at which it was purchased. Purchased leave shall be taken within 12 months of being purchased. Should any purchased leave remain untaken at the conclusion of the 12 months, or at the date of termination of employment, it shall be paid out at the rate of pay at which it was purchased. If the employee leaves Unitywater prior to their paying for the total value of purchased leave that has already been taken, the payments owing will be deducted from their final pay. 4.1.6 Annual closedown Where the CEO declares a closedown over the Christmas - New Year Period (from Christmas Day to the first working day after New Years Day), all employees, unless otherwise directed, will be required to take paid or unpaid leave for the period of the shut down. A period of no less than three (3) months notice will be provided as to whether an annual closedown will take place. Employees who are required to take leave may elect to take one or more of the following forms of paid leave or paid time for the days which are not public holidays during the close down:

Annual leave; Rostered days off; TOIL; or Flexitime.

Employees who do not have sufficient accumulated leave may choose to have leave debited from their annual leave account or elect to take as unpaid leave. If the employee leaves Unitywater prior to their annual leave accumulating to cover the debit, the annual leave owing will be deducted from their final pay. 4.1.7 Excess annual leave payout provisions By agreement with their Manager, an employee may cash out annual leave accruals in excess of but no less than 12 weeks leave provided that the employee has an agreed leave-taking plan in place with their Manager. The plan must include a minimum of four (4) weeks leave approved to be taken in the following 12 months before excess leave may be cashed out. Employees are entitled to maintain a balance of eight (8) weeks annual leave. The Manager may refuse to approve a request to cash out leave for budgetary reasons. Staff may elect to have this payment made as a salary sacrifice to their superannuation fund. Employees may not cash out annual leave after 1 July 2013. 4.2 Personal Leave 4.2.1 Personal leave Personal leave may be taken as:

sick leave where an employee suffers a personal injury or illness; or

  

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carer's leave when an employee is required to provide care or support to a member of the employee's immediate family or household who requires care or support as a result of sickness, injury or an unexpected emergency.

Personal leave may also be used for bereavement or compassionate reasons. Leave in these circumstances is able to be taken up to a maximum of five (5) days per occasion. 4.2.2 Entitlement All employees (except casual employees) are entitled to accrue the equivalent 15 days paid personal leave for each year of employment in accordance with the full provisions of the relevant Awards as follows:

Full time employees whose ordinary hours of work are 36.25 per week shall be entitled to 108.75 hours of personal leave for each completed year of service.

Full time employees whose ordinary hours of work are 38 per week shall be entitled to 114 hours of personal leave for each completed year of service.

Part time employees shall accrue leave on a pro-rata basis of full time employees undertaking the same type of work.

Sick leave accrues fortnightly on an ongoing basis and there is no ceiling on the amount that may accrue. 4.2.3 Debits from leave balances When an employee takes personal leave, the debit from the employee's leave balance equals the hours that would have been worked in accordance with the employee's ordinary rostered shift or normal working pattern. 4.2.4 Sick leave notice Employees must notify their Supervisor/Manager of their intention to take sick leave as soon as practical - where possible within the first 30 minutes or no later than the close of business on the first day of absence by telephone (excluding SMS). 4.2.5 Sick leave evidence A medical certificate from a registered health practitioner (or other evidence to Unitywater's satisfaction) is required for absences greater than two (2) consecutive days of sick leave. A certificate for single day absence may be required in accordance with sub-clause 4.2.11. 4.2.6 Former council employees who had an entitlement to cashing out sick leave The provisions of the Moreton Bay Regional Council Enterprise Bargaining Agreement EBA1Clause 5.2.4 "Personal/Sick Leave - Payout of 'entitlement to be paid a percentage of accumulated sick leave on termination' "are continued for the life of this Agreement. These provisions are in Schedule G to this Agreement. 4.2.7 Advance of sick leave An employee may apply to the CEO for an advance of up to three (3) months paid sick leave (to be used for the purposes of personal injury sickness only) where a period of medically certified absence extends beyond the employee's accrued sick leave. The CEO will give proper consideration to any request. Where such an advance of sick leave is utilised by an employee, the advance will be paid back through deductions from the employee's sick leave future accruals on the basis that 10 days personal leave entitlement will be deducted each year to repay the debt. The advance of sick leave is at the absolute discretion of the CEO. A decision not to approve an advance of sick leave shall not be subject to appeal or review. If an employee leaves Unitywater prior to their leave accumulating to cover the debit, the leave owing will be deducted from their final pay. 4.2.8 Sick leave while on annual leave If an employee becomes ill or injured whilst on annual leave, the employee may elect for the annual leave to be converted to sick leave for the duration of the illness provided that:

The period of illness is five (5) days or more; and

  

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The employee produces a medical certificate certifying that the employee's illness or injury would have incapacitated them for normal duties.

An employee may not convert annual leave to sick leave if the employee has sustained an injury contributed to by the employee's:

Participation in secondary employment or business for gain; or Participation in sport, games or in respect of which such employee receives any payment by way of fee or

bonus. 4.2.9 Carer's leave - Notice Employees must notify their Supervisor/Manager of the intention to take carer's leave, wherever practical prior to the absence:

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 practical for the employee to give prior notice of absence, the employee shall notify their Supervisor/Manager by telephone (excluding SMS) of such absence at the first opportunity on the day of the absence. 4.2.10 Carer's leave - Evidence The employee may be required to provide a medical certificate from a registered medical practitioner (or other evidence to Unitywater's satisfaction) detailing that the member of the immediate family or household has had or will have a personal illness or injury in the period that will require the employee's care and support. 4.2.11 Personal leave management Where an employee's Supervisor or Manager believes that the employee is taking personal leave for no legitimate reason, the Supervisor or Manager shall discuss the issue with the employee. Where the Supervisor or Manager is satisfied that the employee has misused personal leave, the Supervisor or Manager will deal with the issue in accordance with Unitywater's Disciplinary Policy and Procedure. The disciplinary process may result in the employee being required to provide a medical certificate for single day absences for a period of up to six (6) months. 4.3 Long Service Leave 4.3.1 Entitlement All long service leave entitlements shall be in accordance with full long service leave provisions of the relevant Award subject to the following conditions:

The entitlement of an employee to long service leave on full pay shall be 13 weeks for 10 years' continuous service and pro-rata at the same rate of accumulation for any service beyond 10 years;

An employee with seven (7) or more years' continuous service may access long service leave entitlements on a pro rata basis (i.e. 9.1 weeks' leave at seven (7) years);

Upon becoming eligible to take an initial period of long service leave, an employee shall be entitled to take further long service leave as it accumulates, subject to sub-clause 4.3.2;

An employee who is terminated for misconduct or poor performance shall not be entitled to payout of long service leave entitlements prior to 10 years of continuous service.

Casual or regular part-time employees are entitled to long service leave in accordance with the Industrial Relations Act provided that they accrue leave on the same basis as full-time employees. 4.3.2. Taking long service leave Leave will be taken at a time agreed between the Manager and the employee. Any disputes on the taking of leave should be resolved through the Dispute Resolution Procedure at Clause 1.11. Employees are to provide a minimum of three (3) months written notice when requesting more than four (4) consecutive weeks of long service leave except in emergency circumstances. Leave must be taken in blocks of a minimum of one (1) week.

  

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With the agreement of the Manager:

Employees may elect to take long service leave at double the period of time at half the pay. For example: A six (6) week long service leave entitlement may be taken as twelve (12) weeks leave and paid at 50% of the full time rate for the period of the leave.

Employees may elect to take long service leave at double pay at half the period of time. For example: A six (6) week long service leave entitlement may be taken as three (3) weeks leave and be paid at 200% of the full time rate for the period of the leave.

Long service leave is exclusive of a public holiday that falls during the period of the leave. 4.4 Parental Leave 4.4.1 Eligibility Employees, excluding casuals, with 12 months continuous service prior to the birth of a child or the date of placement of an adopted child may be entitled to paid maternity leave, paid special maternity leave, paid long parental leave, paid short parental leave, paid long adoption leave or paid short adoption leave. Part-time employees are eligible for paid leave on the basis of the average weekly hours over the 12 months preceding the birth of the child or the date of placement of the adopted child. Long term casual employees may be entitled to unpaid parental leave in accordance with Industrial Relations Act 1999. 4.4.2 Definitions 4.4.2.1 For adoption leave, adopted child means a child who is under the age for compulsory schooling, but does not

include a child who (a) has previously lived continuously with the employee for a period of at least six (6) months; or (b) is the child or stepchild of the employee or employee's spouse.

4.4.2.2 De facto partner means either one (1) of two (2) persons who are living together as a couple on a genuine

domestic basis but who are not married to each other or related by family. 4.4.2.3 Ordinary rate of pay means the actual weekly base rate of pay plus regular allowances received by the

employee prior to proceeding to paid leave provided that:

Where a full-time employee reduced her hours during the pregnancy, maternity leave will be paid at the full-time rate that applied prior to the reduction; and

Where an employee is due for an increment or EBA increase during the period of paid leave, the ordinary rate of pay will be increased accordingly.

4.4.2.4 Paid leave means leave paid at the employee's ordinary rate of pay. 4.4.2.5 Spouse, of an employee, includes:

A former spouse of the employee; and A de facto partner, including a same gender de facto partner.

4.4.3 Maternity leave An eligible employee is entitled to 10 weeks paid maternity leave. An employee with more than 48 months continuous service is entitled to an additional two (2) weeks paid leave. An employee may commence paid maternity leave up to six (6) weeks prior to the expected date of the birth of the child. 4.4.4 Special maternity leave Where an employee's pregnancy terminates in the third trimester other than by the birth of a live child, the employee is entitled to the same benefits as in sub-clause 4.4.3 4.4.5 Short parental leave An eligible employee who is the spouse of the mother may take two (2) weeks paid short parental leave around the time of the birth of the child.

  

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4.4.6 Long parental leave An eligible employee who is the primary carer of a new born child may take 8 (eight) weeks paid leave. This leave is in addition to the short parental leave in 4.4.5. An employee with more than 48 months continuous service is entitled to an additional 2 (two) weeks paid leave to be the primary career of the new born child. Except in exceptional circumstances, an employee may not take long parental leave if the employee's spouse is on leave to care for the child. For example, a spouse may take long parental leave if the mother has taken maternity leave but is unable to care for the child for medical reasons. 4.4.7 Short adoption leave An eligible employee may take two (2) weeks paid short adoption leave around the date of placement of an adopted child. 4.4.8 Long adoption leave An eligible employee who is the primary carer of a newly adopted child may take eight (8) weeks paid leave. This leave is in addition to the short adoption leave in sub-clause 4.4.7. An employee with more than 48 months continuous service is entitled to an additional two (2) weeks paid leave to be the primary career of the recently adopted child. An employee cannot take short adoption leave and long adoption leave for a total period of more than 10 weeks (or 12 weeks if the employee has more than 48 months service) 4.4.9 Leave on half pay Paid leave provided in this Clause, other than short parental leave or short adoption leave, may be taken at half the rate of pay for double the period of time. 4.4.10 Total pay for parental or adoption leave The total pay for parental leave (maternity leave and/or short parental leave and/or long parental leave) taken by an employee in relation to one birth (other than Federal Government parental leave pay) cannot exceed the equivalent of 10 weeks pay (or 12 weeks pay if the employee has more than 48 months service) The total pay for adoption leave (short adoption leave and/or long adoption leave) taken by an employee in relation to one placement (other than Federal Government parental leave pay) cannot exceed the equivalent of 10 weeks pay (or 12 weeks pay if the employee has more than 48 months service). 4.4.11 Other accrued paid leave An employee who has taken paid leave under this Clause may extend their period of paid leave for parental purposes by taking accrued annual leave or accrued long service leave (provided the employee has 7 years' service). This leave may be taken at half pay for twice the period of time. 4.4.12 Public holidays All paid leave in accordance with this Clause is exclusive of public holidays. 4.4.13 Accrual of other entitlements While unpaid parental leave does not break continuity of service, other leave entitlements will accrue during periods of paid leave only. 4.4.14 Unpaid parental leave Unpaid parental leave of up to 18 months is available in accordance with the Industrial Relations Act, provided that the period(s) in which leave was paid is included in the 18 months. 4.4.15 Adequate notice Employees who intend to take parental leave must provide four (4) weeks' written notice of the commencement and end dates of both the paid leave and unpaid leave the employee will take.

  

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Where an employee takes unpaid leave after the expiry of their paid leave, the employee must confirm the date of their return to work at a minimum four (4) weeks before the return date. Employees will provide reasonable evidence if required by Unitywater for the reason leave is taken. With the agreement of the Manager, an employee may return early from paid or unpaid parental leave, provided adequate notice is given. The Manager will consider relevant factors including the impact of an early return on any employees engaged or assigned to cover the absence of the employee on parental leave. 4.4.16 Right to request further unpaid leave An employee may request an extension of unpaid leave in accordance with all relevant provisions of the Industrial Relations Act, including notice requirements and the requirement for Unitywater to give proper consideration to a properly formed request. The total period of paid and unpaid leave for parental purposes shall not exceed 104 weeks (2 years). 4.4.17 Right to request return to work part-time An employee may request to return from parental leave to part-time work in accordance with all relevant provisions of the Industrial Relations Act, including notice requirements and the requirement for Unitywater to give proper consideration to a properly formed request. 4.4.18 Federal Government parental leave pay In addition to paid leave provided in this Agreement, an employee may be entitled to further pay in accordance with the Federal Government scheme for parental leave pay. It should be noted that the eligibility criteria for this scheme are different to those for parental leave under this Agreement. The scheme is administered by the Family Assistance Office (FAO). Applications for this pay must be made to the FAO. Pay received under this scheme may be taken before, after or at the same time as paid leave under this Agreement, provided that it cannot commence prior to the birth of the child or date of placement of an adopted child. 4.5 Bereavement Leave 4.5.1 Entitlement Employees (other than casual employees) shall be entitled to up to five (5) days paid leave on the occasion of the death of an immediate family member. Bereavement leave is not cumulative. Casual employees shall be entitled to be absent from work for up to five (5) days in the case of the death of an immediate family member. Employees may also access personal leave for bereavement purposes if the five (5) days leave is insufficient for a particular occasion. Managers may require employees to provide proof of the need to take leave, including the duration of the leave . 4.6 Blood Donor Leave An employee (excluding casuals) who attends a recognised facility as a donor may be granted leave for the purpose of donating blood. Approval of leave will be subject to workplace convenience. Leave will be granted on the basis of two (2) hours per three (3) months on full pay. Managers may require employees to provide proof of attendance for the purpose of this leave. 4.7 Jury Service Leave All employees (except casuals) are entitled to be paid their ordinary rate of pay the employee would have otherwise received while on jury service, provided that the employee provides satisfactory evidence of their jury service. Jury service includes being available as directed by the Court for the selection of jurors. The employee will reimburse Unitywater with any remuneration from the Court. The employee is not required to reimburse court provided reimbursements for meals and travel.

  

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4.8 Witness Expenses Where an employee is required to give evidence in a Court proceeding on behalf of Unitywater or in Unitywater's interests, the employee is entitled to be paid the ordinary rate of pay the employee would have otherwise received, travel and meal expenses and any necessary accommodation expenses. The employee will reimburse Unitywater any witness fees. Where an employee is summonsed to give evidence in other Court proceedings, the employee may elect to take annual leave, unpaid leave or accrued time off. Unitywater is not responsible for expenses associated with travel, meals or accommodation. 4.9 Emergency Services Leave All employees (except casuals) engaged as a volunteer in a recognised emergency service organisation (e.g. Rural Fire Brigade) may be entitled to up to five (5) days paid Emergency Services Leave per year. This leave is not cumulative. Employees who need more than the five (5) days leave will be allowed to use annual leave, banked RDOs or TOIL. To avoid disruption to work, employees are required to seek approval from the CEO to participate in activities for a recognised emergency service organisation. Such approval should not be unreasonably withheld. Current employees that are members of a recognised emergency service organisation are required to furnish evidence of this with their Manager. Where employees are remunerated by the Emergency Service for emergency responses or training during Unitywater working time and the employee is receiving paid Emergency Services Leave (for example, call out rates for auxiliary fire fighters), an equivalent amount will be deducted from the employees pay from Unitywater. Emergency Services remuneration for reasonable expenses such as accommodation or meals will not be deducted. Certification of attendance at Emergency Services operations and remuneration received will be required for payment purposes. 4.10 Natural Disaster Leave 4.10.1 Sub-clause 4.10.2 applies when a state of emergency or a natural disaster has been declared under State or

Commonwealth legislation and where:

The employee is isolated and unable to report to their normal workplace or alternative office, depot or work site which is reasonably accessible; or

The employee is unable to perform work reasonably required and which is safe to perform; or It is unsafe to continue working because of extreme conditions and the employee is required to leave the

work site and return home. 4.10.2 The employee is entitled to up to three (3) days paid leave subject to the CEO's approval. If the employee is

not able to return to work at the end of the approved natural disaster leave, the employee may elect to access personal leave, annual leave, long service leave, any accrued time off such as banked RDO or TOIL, or unpaid leave.

4.10.3 Sub-clause 4.10.4 applies where there are severe or dangerous natural events including bushfires, earthquakes,

floods and cyclones but a natural disaster or state of emergency has not been declared. 4.10.4 Where the employee is required by personal circumstances to stay at home or leave work the employee may

elect to access paid personal leave, annual leave, long service leave, accrued time off or unpaid leave. (Example: The employee needs to protect the safety and security of the employee's family or property.)

4.11 Defence Force Leave Employees who are members of the Australian Defence Force Reserves are entitled to10 days paid leave each year for defence force service. An employee who is a member of the Australian Defence Force Reserves should furnish evidence of such to Unitywater. Additional leave may be available in accordance with Unitywater's "Leave to Volunteer Policy".

  

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4.12 Trade Union Training Leave Up to five (5) working day's leave per year (non-cumulative) shall be granted to employees where a written application is provided by the relevant Union Secretary to the CEO to attend courses and seminars conducted by the Union, provided that:

The employee is nominated in the application by the relevant Union Secretary; The course is designed to promote good industrial relations; At least one month's notice (where practicable) is provided; and The leave does not significantly disrupt the service delivery provided by the employee's work unit.

4.13 Leave Without Pay An employee (except casuals) may seek leave without pay which will be approved at the discretion of the CEO. Approved leave will not constitute a break in the continuity of service of the employee, however, accrual of benefits and leave other than annual leave during this period will be suspended after a period of three (3) working days. Annual leave will accrue while the employee is absent on approved leave without pay in accordance with the Industrial Relations Act, that is, for a period of unpaid leave up to three (3) months. 4.14 Mid-Career Break 4.14.1 An employee may apply to the CEO for mid-career break, for the purposes of but not limited to family, study,

travel etc. 4.14.2 Each application for a mid-career break shall be considered on its merits, and subject to Unitywater being in

position to meet operational requirements, approval of an application should not be unreasonably withheld. 4.14.3 The term of the mid-career break shall not extend beyond a total period of 12 months. Accrued annual leave,

long service leave, TOIL and RDOs shall be used in the first instance with the balance to be made up of leave without pay. Any extension to this period is at the sole discretion of the CEO.

4.14.4 Where a mid-career break is approved, the terms of the break should be in writing, stating the length of the

break and agreed return date and must guarantee the employee's substantive position and all existing remuneration and employment benefits upon return. Any employee on an approved mid-career break shall not accrue any leave entitlements whilst absent on periods of leave without pay. Any leave taken as part of a mid-career break will not constitute a break in the employee's continuous service.

4.15 Stand Down 4.15.1 This Clause applies when Clause 4.10 Natural Disaster Leave does not apply or natural disaster leave has been

taken and the employee cannot be usefully employed for any work for which the employee is reasonably trained because of something that has happened for which Unitywater is not responsible, or over which Unitywater has no control.

4.15.2 Unitywater may stand down the employee for a day or part of a day. The employee may elect to access accrued

leave including personal leave up to five (5) days, annual leave or long service leave or any accrued paid time off such as an RDO or TOIL. If the employee does not elect to access paid leave or accrued time off, the employee may be stood down without pay. An employee who has been stood down in accordance with this Clause will not be required to be on call.

4.15.3 Continuity of service of employees who are stood down without pay is in accordance with Chapter 2 Part 6 of

the Industrial Relations Act 1999. 4.16 Study Assistance Study assistance and leave for apprentices and trainees are not governed by this Clause. Study assistance approved before this Agreement came into effect will be honoured. Employees may be granted study assistance including paid leave in accordance with the following table: Category Criteria Assistance

1 Course undertaken as a condition of employee's

Reimbursement of all statutory and other compulsory charges in relation to the course. Reimbursement shall be made following the

  

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Category Criteria Assistance employment passing of examinations.

Time off for attendance at lectures and practical training shall be determined by the Manager having regard for the requirements of the course. Paid leave for attendance at examinations held during normal working hours.

2 A course which is directly relevant to the employee's role and the skills or qualifications and has been determined by the employee's Manager as being appropriate in that area of work.

Paid leave of up to five (5) hours per week (including travelling time) for attendance at lectures and such time considered appropriate by Management for attendance at compulsory practical training. Paid leave for attendance at examinations held during normal working hours. Reimbursement of 75% of statutory or compulsory fees or charges. Reimbursement shall be made following the passing of examinations. Employees undertaking approved courses by external study shall receive up to ten (10) days with pay per annum for the purposes of meeting course assessment requirements, including attendance at residential schools, research, assignment preparation, video conferencing, etc. The amount of leave to be taken in each semester shall be discussed at the beginning of the semester with the employee's Supervisor/Manager to seek mutual agreement on a reasonable leave allocation for meeting the assessment requirements and operational needs.

3 A course which is directly relevant to Unitywater and approved by the employee's Manager

Paid leave of up to five (5) hours per week (including travelling time) for attendance at lectures and such time considered appropriate by Unitywater for attendance at compulsory practical training. Paid leave for attendance at examinations held during normal working hours. Reimbursement of 50% of statutory or compulsory fees or charges. Reimbursement shall be made following the passing of examinations. Employees undertaking approved courses by external study shall receive up to 10 days with pay per annum for the purposes of meeting course assessment requirements, including attendance at residential schools, research, assignment preparation, video conferencing, etc. This leave entitlement will replace current residential school entitlements. The amount of leave to be taken in each semester shall be discussed at the beginning of the semester with the employee's Supervisor/Manager to seek mutual agreement on a reasonable leave allocation for meeting the assessment requirements and operational needs.

In the absence of contractual arrangements about reimbursement of the value of study assistance, an employee who resigns or retires from employment with Unitywater will reimburse Unitywater as follows:

1) An employee who has commenced a course of study but has not completed it before leaving Unitywater will reimburse Unitywater 75% of all course fees;

2) An employee who has completed the course of study and who leaves Unitywater before 12 months have elapsed after completion of the course of study, will reimburse Unitywater 50% of all course fees;

3) An employee who has completed the course of study and who leaves Unitywater after 12 months but before 24 months have elapsed since completion of the course of study, will reimburse Unitywater 25% of all course fees;

provided that the requirement to reimburse study assistance costs may be waived by Unitywater, for example, where the employee has resigned because of pressing domestic necessity.

  

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PART 5 - EMPLOYEE WELLBEING 5.1 Occupational Health and Safety 5.1.1 The Parties will comply with the provisions of the Workplace Health and Safety Act 1995, Workplace Health

and Safety Regulation 2008 or any other future amendments to Occupational Health and Safety (OH&S) legislation applicable to Unitywater.

5.1.2 The Parties acknowledge a healthier and safer workplace will result in improved effectiveness, efficiency and

productivity. This will be accomplished by a consultative approach to managing (OH&S) issues and an OH&S framework supported by appropriate training.

5.1.3 Unitywater will provide appropriate and timely training when changes are made to legislation, organisational

policy and procedure which have an impact on OH&S. 5.1.4 The parties are committed to the achievement of a healthier and safer workplace through effective workplace

changes. This will be accomplished through a consultative approach to managing OH&S through measures which include:

1) Control of hazards at the source wherever practicable; 2) Reducing the incidence and costs of workplace injury and illness; 3) The provision of timely (being no later than the normal close of business of the next business day) and

accurate incident reports for incidences which involve either personal injury or property damage or any near-misses;

4) Reviewing the work and Management practices affecting the inter-relationship between efficiency, productivity and health and safety;

5) Compliance by staff with work and Management practices as specified in the safety management system;

6) The commitment and compliance with Unitywaters' rehabilitation system for employees affected by workplace injury or illness;

7) Provision of First Aid training (to employees who have been appointed by Unitywater as a designated First Aid Officer in accordance with sub-clause 2.5.7 of this Agreement) and other safety training as required by legislation;

8) Provision by prospective employees in high infection risk activities at the time of the medical pre-employment examination of their record of any vaccinations (for Hepatitis A and B, Flu, Tetanus, etc) provided by their Medical Practitioner;

9) Timely provision of effective vaccinations by Unitywater (e.g. Hepatitis A and B, Flu Shots, Tetanus etc) for employees in positions which have been identified by Unitywater as high infection risk activities; and

10) Developing a culture of preventative strategies to promote better health, fitness and well-being. 5.1.5 The consultative approach will be through OH&S committees and such committees will address the issues

above and increase Management, individual and employer accountability after consultation with the relevant parties in the workforce. OH&S awareness shall be enhanced and appropriate training and communication lines established.

5.1.6 Unitywater will provide appropriate safety clothing and Personal Protective Equipment (PPE), all employees

are required to wear the current issues of clothing and PPE without modification in accordance with the safety management system. This action is necessary for the safety and well-being of the employee concerned and others persons affected by their actions and/or inactions.

5.1.7 Employees are permitted to work when prescribed with medication, provided their work performance is not

affected by that medication. All employees are obliged to ensure that work can be performed safely without risk to themselves or others. If an employee is likely to experience side effects from taking prescribed drugs which will impair their ability to perform their work, they must inform their Supervisor before commencing work.

5.2 Employee Wellbeing Unitywater is committed to workplace diversity and a balance between work and life. Unitywater recognises that a diverse and capable workforce is essential to delivering outcomes for the region, the community, and the need to balance business needs and individual requirements. Unitywater will continue to demonstrate its commitment to work and life balance through:

  

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Developing and implementing leading-edge work-life, and equity and diversity policies and practices that

benefit both employees and the business; Applying flexible and innovative ways and enhancing access to the policies in daily business where

possible; Continually strengthening relationships between Managers and employees; Providing assistance and counselling through an Employee Assistance Program for the benefit of

employees and the organisation; and Monitoring and improving access to work and life policies and practices, for the benefit of both employees

and the business.

5.3 Healthy Lifestyle Initiatives Unitywater is committed to assisting employees who wish to participate in maintaining a healthy lifestyle. Over the term of this Agreement, Unitywater in consultation with employees and Unions through the Unitywater Joint Consultative Committee will develop and agree to a Healthy Lifestyle Initiatives Guideline to foster a range of practical initiatives which benefits both Unitywater and its employees. 5.4 Equity and Diversity The parties are committed to the principles of equity, diversity and merit and to the objectives of relevant anti-discrimination legislation ensuring Unitywater is a non-discriminatory workplace and that all persons are treated with dignity and respect. Unitywater will conduct its operations with total commitment to the spirit and intent of the above legislation to ensure that its operations, policies, procedures incorporate the following principles:

Fair practices in the workplace; Management decisions being made without bias; Recognition of and respect for the social and cultural backgrounds of all staff and customers; Improving productivity by:

o Undertaking proactive actions to attract, select, develop and retain employees from diverse backgrounds and abilities, so that the workforce mirrors the diversity of the community we serve and an enhanced customer services capability is achieved;

o Continuing to support and monitor local equity and diversity planning; o Training and development are linked to customer need and employee development; and o The workplace is efficient and free of harassment and discrimination.

Redressing any past disadvantage by improving employment outcomes for women, people of Aboriginal and Torres Strait Islander background, people from a non-English speaking background and people with a disability; and

Striving to ensure fair outcomes in all areas of employment including:

o Transfer; o Supervision and management of employees; o Access to training; o Access to information; and o Conditions of employment.

PART 6 - WORKFORCE CHANGE

6.1 Employee Development 6.1.1 Career development The parties are committed to supporting employee career progression in accordance with the merit-based principles in the areas of recruitment, selection, training and development. 6.1.2 Training and development The Parties agree that a highly skilled and flexible workforce is a major ingredient in achieving increased efficiency and productivity and Unitywater is committed to providing the following:

Training and skill development;

  

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Employee career development opportunities through access to appropriate training programs based on nationally accredited competencies and curriculum where these are available and appropriate;

Training and skill development will generally be carried out in normal working hours. However, in order to meet normal workloads and commitments, training after hours will remain an option. Any organised training outside normal working hours shall have regard to employees' family responsibilities;

Trainees and apprentices who are required to attend compulsory training courses will be provided with reasonable transport and/or accommodation assistance as approved by the CEO/delegate;

Unitywater will comply with the requirements of the SEQ Distribution and Retail Water Reform Workforce Framework 2009 in terms of the provisions of training to any employee who has been redeployed for the life of this Agreement; and

Where practical, wet days shall be used for training of field based employees. 6.2 Employment Security Unitywater values secure employment, safe working conditions and competitive pay and conditions. Employees and their Unions recognise that Unitywater must operate within the community expectations as determined by legislation, available funds and budgeted priorities, and the terms of this Agreement. The parties agree that the best way to provide ongoing security of employment is for Managers and employees to deliver the services and infrastructure required by the community as efficiently and effectively as possible. Further the parties agree that the best way to optimise job security is through maximum efficiencies and aiming for best practice and continual productivity improvements. This Clause does not apply to any redundancies, redeployment, retrenchments or voluntary retrenchments that occur as a direct result of water reform that occur up until 30 June 2013. In those circumstances, the SEQ Distribution and Retail Water Reform Workforce Framework 2009 will apply. The parties are committed to optimising the employment security of employees by:

1) Taking steps to ensure Unitywater has the benefit of a stable and committed workforce; 2) Training and developing employees' levels of skill and ability and providing retraining when necessary and

appropriate; 3) Supporting employees who are affected by organisational change; 4) Providing an environment which supports career development and equal employment opportunity; 5) Continuing to effectively and efficiently manage Unitywater's workforce to minimise the need for

involuntary labour reductions in the future; 6) Implementing consultative mechanisms to ensure timely advice and discussion between employees, Unions

and Management about any significant changes to service delivery which may impact upon labour requirements;

7) Introducing measures to increase the security of employees' employment; 8) Employees actively participating in training and up skilling to meet changing technology and service

delivery requirements; and 9) Making redeployment processes the priority for displaced and surplus employees with retrenchment as a

last resort option once all other options for retraining and placement of affected staff have been exhausted during the life of this Agreement.

6.3 Contracting Out, Outsourcing, Shared Services 6.3.1 Unitywater intends to utilise and promote the use of its in-house workforce for the undertaking of works,

services and operations where it is practicable and cost effective. 6.3.2 During the life of this Agreement, Unitywater will, where appropriate, minimise the contracting out or leasing

of any works and services currently provided. Unitywater may determine to contract outsource works and services in the following circumstances:

In the event of a critical shortage of skilled staff; Where there is a lack of available infrastructure capital or a cost in the provision of technology; Where it can be clearly demonstrated that it is in the public interest that such services should be contracted

out; and In extraordinary or unforseen circumstances.

6.3.3 Where Unitywater decides to contract out or lease any works and services provided by Unitywater employees,

the affected staff, and their relevant Unions, shall be consulted as early as possible prior to implementation. Such consultations shall occur in accordance with Workplace Change Notification at Clause 6.4 of this Agreement.

  

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6.3.4 For the purposes of consultation, the relevant Unions will be briefed on the rationale behind the decision and be provided with relevant documentation where possible. It is the responsibility of the relevant Union to participate fully in discussions on any proposals to contract out or lease Unitywater functions.

6.3.5 Notwithstanding the consultation steps in sub-clause 6.3.3 and 6.3.4 any decision to contract out or lease any

works and services provided by Unitywater employees such information will be shared with the Joint Consultative Committee.

6.3.6 Where a decision has been made to contract out or lease any works and services provided by Unitywater

employees, Unitywater will:

Consult with affected staff and relevant Union(s) employment arrangements to assist employees to move to employment with the new provider;

Consider options for redeployment where acceptable alternative employment is not available for an employee with the new provider; and

Provide a retrenchment benefit in accordance with sub-clause 6.5.6 Retrenchment Benefits in the event that redeployment within Unitywater is not available and acceptable alternative employment with the new provider is not available.

6.3.7 Where Unitywater engages labour hire or agency staff to fill an established vacant permanent position they

will be paid by the labour hire company or agency at rates no less than the terms and conditions of this Agreement.

6.4 Workplace Change Notification 6.4.1 Where Unitywater has made a decision to introduce major changes in production, program, organisation,

structure or technology that are likely to have significant effects on employees, Unitywater shall notify the employees who may be affected by the proposed changes and the relevant Union(s).

6.4.2 "Significant effects" include termination of employment, major changes in the composition, operation or size

of the workforce or in the skills required; the elimination or diminishing of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs provided that where this Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

6.4.3 Unitywater shall discuss with the employees affected and the relevant Union(s), the introduction of the

changes referred to in sub-clause 6.4.1 and 6.4.2, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees. Unitywater shall give consideration to matters raised by the employees and/or the relevant Union in relation to the changes.

6.4.4 Consultation shall commence as early as practicable after a definite decision has been made by Unitywater to

make the changes referred to in sub-clause 6.4.3. 6.4.5 To facilitate consultation Unitywater shall provide in writing to the employees concerned and the relevant

Union all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that Unitywater shall not be required to disclose confidential information the disclosure of which would be inimical to Unitywater's interests.

6.5 Redundancy, Redeployment and Retrenchment 6.5.1 Application and intent of clause This Clause does not apply to:

1) Any redundancies, redeployment, retrenchments or voluntary retrenchments that occur as a direct result of water reform that occurs up until 30 June 2013. In those circumstances, the SEQ Distribution and Retail Water Reform Workforce Framework 2009 will apply for staff covered by this legislation; or

2) Where an employee terminates employment before the expiration of the period of notice without prior approval of Unitywater, where approval shall not be unreasonably withheld; or

3) Where an employee's services are terminated by reason of neglect of duty, poor performance or misconduct; or

4) Where an employee has been engaged in a casual capacity or on a short term or maximum term or fixed term basis, such as project employment; or

5) Where an employee has not been engaged for a continuous period of at least twelve months.

  

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The Clause will apply to engagements which were initially short term or maximum term or fixed term and which have been extended and the total period exceeds two (2) years. The parties agree and are committed to job security. In the event of any restructure or changes to any work area which will reduce net human resource requirements, employees and Unions shall be consulted. Redeployment processes shall be undertaken as a priority for displaced and surplus employees. Retrenchment is only to be undertaken as a last resort option once all other avenues as provided in this Agreement for retraining and redeployment have been positively explored and exhausted. The objectives of this Clause include:

1) Where possible, to retain employees whose positions have become redundant in continued employment within Unitywater;

2) To retrain employees whose positions have become redundant where appropriate and necessary; 3) To pay fair and appropriate monetary compensation to those employees whose positions have become

redundant and who are unable to be redeployed and whose employment is to be terminated; and 4) To assist employees who will be retrenched to find employment outside the service of Unitywater.

6.5.2 Definitions A role is redundant when:

a) Unitywater's need for the work of that role has diminished considerably or ceased; or b) The role description is changed to such a degree that the present incumbent does not hold the requisite

skills or qualifications to perform the new role and is unable to demonstrate the ability to readily acquire them with support and retraining.

Redeployment is a process of transferring employees to suitable alternative roles within Unitywater after their roles have become redundant. Retrenchment is the termination of employment of a person whose role has become redundant and who cannot be redeployed, or who chooses not to be redeployed to a position with a salary classified at two (2) or more levels lower than the employee's level when the employee's role became redundant. Minimum Notice of retrenchment is the minimum amount of notice an employee will receive of termination of their employment by reason of retrenchment, that is, four (4) weeks, or five (5) weeks for employees aged 45 years or over. Ordinary Rate of Pay for retrenchment benefits shall mean the current ordinary rate including annualised allowances (excluding shift loadings, weekend penalty payments, and overtime). 6.5.3 Consultation Unitywater will consult with affected employees and relevant Unions in accordance Clause 6.4 Workplace Change Notification. Where Unitywater has made a decision that a role occupied by a current employee is redundant, Unitywater will consult with the employee(s) affected and any relevant Union as soon as practicable about:

1) The reason for the redundancy; 2) The number, location and other details of the redundant role(s); 3) The date of the redundancy; and 4) The options open to the affected employee as a result of their position being made redundant with:

a. Details of possible redeployment opportunities that may be appropriate for the incumbent(s) having

regard to their skills and qualifications, provided that the Unitywater will not be required to disclose confidential information the disclosure of which would be detrimental to its concerns; and

b. Details of their estimated retrenchment payment. 6.5.4 Redeployment and retraining Prior to any retrenchment, Unitywater will endeavour to find suitable redeployment opportunities for employees whose roles have become redundant.

  

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All such employees will be allocated to a case manager and individually interviewed to determine what options may exist for their redeployment, including with appropriate retraining by Unitywater. Following the interview the employee will be formally notified of these options as required by sub-clause 6.5.3. During the redeployment process an employee may be placed temporarily into an agreed position to assess the suitability of the role for the employee. After a period of three months the employee and the employer must agree about permanent placement into the role or whether the employee will return to the redeployment and retraining programme. At this point in time the employer can offer or the employee can request a retrenchment payment in accordance with sub-clause 6.5.6. Wherever possible employees will be redeployed into a suitably agreed position that is at level; within their occupational stream and located in reasonable geographic proximity to their previous role. Such agreement shall not be unreasonably withheld with respect to the placement of the employee in a new role. Where agreement cannot be reached either party may access the Dispute Resolution Procedure as per Clause 1.11 of this Agreement. Where suitably agreed redeployment options are found for an employee at a classification with a lower rate of pay, that employee will continue to receive as a minimum their normal salary immediately prior to redeployment for a period of eighteen months inclusive of EBA increases. Notwithstanding salary maintenance, an employee may elect to refuse to be redeployed to a role classified at a lower rate of pay where the lower rate is two (2) classification levels or more below the employee's level when the role became redundant. Such an employee will be entitled to retrenchments benefits in accordance with this Agreement. If an employee is redeployed to a lower classification level, all leave accrued immediately prior to the role becoming redundant, will be taken at the employee's ordinary rate of pay which applied immediately before the role became redundant. 6.5.5 Voluntary retrenchment The CEO may invite applications from employees for voluntary retrenchment in lieu of employees who would otherwise be involuntarily retrenched when roles become redundant.

Persons whose applications for voluntary retrenchment are accepted by the CEO will receive:

The retrenchment benefits provided for within this Clause; and All usual termination of employment entitlements.

6.5.6 Retrenchment benefits A retrenched employee will receive severance benefits as follows:

1) Three (3) weeks' pay for each year of service, and a proportional amount for each uncompleted year. 2) Employees who are aged 50 years or over and have 10 years continuous service with Unitywater (including

the former Sunshine Coast and Moreton Bay Councils) will receive 3.5 weeks' pay each year of service, and a proportional amount for each uncompleted year.

3) The minimum severance benefit is 8 weeks pay, and the maximum is 52 weeks' pay. 4) All usual termination of employment entitlements.

An employee who has completed three (3) year's continuous service shall be entitled on termination to a long service leave payment based on 1.3 weeks' ordinary rate of pay for each completed year of service, and a proportionate amount of an incomplete year of service, less any long service leave already taken. An employee whose role has become redundant will be given a statement showing the calculation of an estimate of the retrenchment payment. An employee whose role has become redundant is not entitled to severance benefits where Unitywater has obtained a definite offer of suitable alternative employment prior to the expiry of the minimum notice of retrenchment period. 6.5.7 Early Separation Incentive Payment (ESIP) The Early Separation Incentive Payment (ESIP) is designed to:

(a) enable employees to elect to leave before the expiry of the Minimum Notice of Retrenchment period; or

  

45

(b) facilitate early separation where Unitywater has determined that there are no opportunities for redeployment. 6.5.7.1 ESIP at the employee's request Employees who express an interest in participating in the ESIP scheme will be required to submit an application within seven (7) days of Unitywater advising them that their role is redundant. Applications may be rejected if acceptance would be detrimental to Unitywater's operations. The employee will cease employment two (2) weeks after Unitywater accepts the application for early separation. 6.5.7.2 ESIP at Unitywater's initiative At the time Unitywater has determined that (a) role(s) is/are redundant, and if Unitywater has also determined that there are no opportunities for redeployment, Unitywater may offer an ESIP. The ESIP is equal to eight (8) weeks pay or $8000 whichever is greater and is in addition to the minimum notice of retrenchment required in sub-clause 6.5.2. This incentive payment will be calculated at the ordinary rate of pay. 6.5.8 Assistance to employees who will be retrenched During the Minimum Notice of Retrenchment period, up to five (5) days special leave with pay will be granted for the purpose of employees attending personal employment interviews. The employee must obtain prior approval of the Supervisor/Manager. This leave shall not be deducted from the employee's leave credits. Additionally Unitywater will provide:

Career planning/outplacement support together with access for up to four (4) appointments for personal support with Unitywater's Employee Assistance Program (EAP);

Unitywater will meet financial planning costs of up to $500 for any employee whose role is redundant.

6.6 Transmission of Business 6.6.1 In this Clause "business" includes trade, process, business or occupation and includes part of any such business

and "transmission "includes transfer, outsourcing, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

6.6.2 Where a business or part of a business of Unitywater is transmitted from Unitywater to another employer (the

Transmittee) and an employee, who at the time of such transmission was an employee of Unitywater, elects to become an employee of the Transmittee, Unitywater will reasonably endeavour to ensure that the terms and conditions of employment paid by the transmittee are no less favourable than those which applied to the employee's employment with Unitywater.

6.6.3 Where Unitywater declares any positions redundant as a consequence of a transmission of business, the

following shall apply to affected employees:

1) All reasonable steps will be taken to find suitable alternative employment within Unitywater or with the transmittee; and

2) At the end of the redeployment process, where no reasonable offer of redeployment at the same level is made available to the employee and/or no redeployment occurred, the employee will be eligible for a separation package in accordance with the redundancy provisions of this Agreement (Clause 6.5) together with all other accumulated entitlements.

6.6.4 Where Unitywater makes a decision to transmit a business or part of a business, Unitywater must as soon as

practicable notify and consult with the affected employees and the relevant Unions to which they belong in accordance with Clause 6.4 Workplace Change Notification of this Agreement.

6.6.5 Where employees are to be transmitted with the business or part of the business Unitywater must ensure that

recognition of previous service, and accrued entitlements, for the purposes set out below are transmitted with the transmittee:

1) Annual leave 2) Long service leave 3) Personal/Carer's leave 4) Redundancy

  

46

PART 7 - SCHEDULES Schedule A - Joint Consultative Committee Charter 1. Role of the Joint Consultative Committee The key role of the Joint Consultative Committee (JCC) is to operate as the primary forum for industrial relations and employment matters between Management and the Unions at Unitywater. The scope of the JCC shall include, but is not limited to the following:

a) Actively consult, discuss and promote the resolution of all industrial relations and employment related issues in a spirit of collaboration and cooperation through respectful discussion and problem solving;

b) Provide a forum for raising water-reform employment and industrial issues; c) Promote compliance with the SEQ Distribution and Retail and Water Reform Workforce Framework 2009; d) Be responsible for the implementation and monitoring of the new industrial agreement; e) Be the principal consultative forum for the review of polices and guidelines that seek to change or interpret

conditions of employment; f) Ensure appropriate communication and information sharing with employees about ongoing water reform,

industrial and employment related matters and enterprise bargaining; and g) Provide a forum for consultation around workforce planning.

While the JCC is not a decision making body, recommendations to resolve issues may be made by the committee to the Unitywater Executive Management Team. Notwithstanding the role of the JCC, any grievances and disputes may be progressed using the dispute resolution procedures in relevant industrial instruments. 2. Conduct of Joint Consultative Committee Members

Unions and Management representatives agree that the following standards of behaviour will guide the work of the JCC. All members will:

Keep an open mind; Treat all committee members' input as equally important; Get to the point and stay on track; Say what we mean and mean what we say; Allow people to finish; Not speak over the top of people or cut in; Listen and seek to understand other peoples' position; and Provide reasons for requests and responses.

3. Composition of Joint Consultative Committee The composition of the JCCwill include Management and Union representatives. The parties agree to put forward representatives who have sufficient authority to influence decision making and ensure the validity and influence of this Committee. It is agreed that there should be no more than four (4) representatives from each Union of which at least one will be an authorised Union official at each meeting. Each union may nominate a maximum of two (2) proxy representatives who may attend the Consultative Committee meeting when the nominated delegate is unavailable. The JCC may agree to additional representation from time to time.

4. Administration of the Joint Consultative Committee One Chair will be nominated from Management and one from the representative Unions. Each Chair will share the role on a rotating basis. Unitywater will supply and is responsible for the administration and secretariat functions of the JCC. Draft minutes will be circulated to JCC representatives within 72 hours of each meeting occurring with feedback to be provided prior to the next scheduled meeting within the nominated timeframe. A standing agenda item will be to confirm the minutes from the previous meeting. Once discussions are confirmed by the JCC, they will become the official minutes of the meeting.

  

47

Unitywater will ensure that an accurate record of the meetings are maintained and published in a manner that all employees of Unitywater shall have access to them. 5. Meeting frequency and Meeting Agenda Item Protocols It is agreed that the JCC will meet every two months. The meeting of the JCC will not replace the rights of Unions and Management to communicate with staff using existing communication methods. Unitywater Management representatives will provide a schedule of meeting dates and times at the first bi-monthly meeting for endorsement by committee members. This schedule will be prepared for 12 months in advance after the first meeting. Nominated Union delegate representatives will be released to attend JCC meetings in paid ordinary work with reasonable notice provided to ensure consideration of business operations. Reasonable travel arrangements will be put in place so as to not disadvantage employees who attend. Each Union will be responsible for nominating their delegates and proxy representatives prior to the first meeting of the group. Unitywater Management representatives will be responsible for advising relevant work areas of the nominated and proxy delegates and the planned schedule of meetings including times and locations. It remains the responsibility of the delegate (or proxy where applicable) to provide reasonable notice of attendance at these meetings to their relevant work area. The JCC will develop strategies for communicating outcomes from meetings across the organisation. 6. Working Groups The parties may establish working groups to promote problem-solving on any issue. The working groups do not make decisions, and the outcomes of the working groups will be reported to the JCC, who will endorse and make any necessary recommendations on the items discussed by a working group. 7. Disclosure of Relevant Information Upon request, a party will disclose to the other information, which is reasonably and legitimately required to substantiate and respond to proposals. However, information may validly be withheld if:

It jeopardises a person's right to privacy; Is commercial in confidence; or It is agreed between the parties that assembling the information will involve an unreasonable amount of

effort or expense Unitywater will provide the JCC with quarterly reports about the composition of the workforce including but not limited to permanent, temporary and casual employees and agency/labour hire staff and consultants. Unitywater will provide information on the establishment including permanent vacancies. Unitywater will provide quarterly Occupational Health and Safety reports which will include statistics on lost time injury. The parties agree that all information will be used for the purpose for which it was intended. Such information will not be distributed to external parties without agreement.

Schedule B - Schedule of Wages

Queensland Local Government Officers Award 1998

Rates Effective First Pay Period after 1 July 2011 Rates Effective First Pay Period after 1 July 2012 Rates Effective First Pay Period after 1 July 2013 Level

Annual Fortnightly Weekly Hrly

(36.25) Hrly (38)

Cas (36.25)

Annual Fortnightly Weekly Hrly

(36.25) Hrly (38)

Cas (36.25)

Annual Fortnightly Weekly Hrly

(36.25) Hrly (38)

Cas (36.25)

1.1 45,562.00 1,752.38 876.19 24.17 23.06 30.21 47,642.00 1,832.38 916.19 25.27 24.11 31.59 49,722.00 1,912.38 956.19 26.38 25.16 32.97

1.2 46,237.00 1,778.35 889.17 24.53 23.40 30.66 48,317.00 1,858.35 929.17 25.63 24.45 32.04 50,397.00 1,938.35 969.17 26.74 25.50 33.42

1.3 47,062.00 1,810.08 905.04 24.97 23.82 31.21 49,142.00 1,890.08 945.04 26.07 24.87 32.59 51,222.00 1,970.08 985.04 27.17 25.92 33.97

1.4 48,101.00 1,850.04 925.02 25.52 24.34 31.90 50,181.00 1,930.04 965.02 26.62 25.40 33.28 52,261.00 2,010.04 1,005.02 27.72 26.45 34.66

1.5 49,275.00 1,895.19 947.60 26.14 24.94 32.68 51,355.00 1,975.19 987.60 27.24 25.99 34.06 53,435.00 2,055.19 1,027.60 28.35 27.04 35.43

1.6 50,311.00 1,935.04 967.52 26.69 25.46 31.98 52,391.00 2,015.04 1,007.52 27.79 26.51 34.74 54,471.00 2,095.04 1,047.52 28.90 27.57 36.13

2.1 51,407.00 1,977.19 988.60 27.27 26.02 34.09 53,487.00 2,057.19 1,028.60 28.38 27.07 35.47 55,567.00 2,137.19 1,068.60 29.48 28.12 36.85

2.2 52,492.00 2,018.92 1,009.46 27.85 26.56 34.81 54,572.00 2,098.92 1,049.46 28.95 27.62 36.19 56,652.00 2,178.92 1,089.46 30.05 28.67 37.57

2.3 53,624.00 2,062.46 1,031.23 28.45 27.14 35.56 55,704.00 2,142.46 1,071.23 29.55 28.19 36.94 57,820.75 2,223.88 1,111.94 30.67 29.26 38.34

2.4 54,978.00 2,114.54 1,057.27 29.17 27.82 36.46 57,067.16 2,194.89 1,097.45 30.27 28.88 37.84 59,235.72 2,278.30 1,139.15 31.42 29.98 39.28

3.1 56,355.00 2,167.50 1,083.75 29.90 28.52 37.37 58,496.49 2,249.87 1,124.93 31.03 29.60 38.79 60,719.36 2,335.36 1,167.68 32.21 30.73 40.26

3.2 57,765.74 2,221.76 1,110.88 30.64 29.23 38.31 59,960.84 2,306.19 1,153.09 31.81 30.34 39.76 62,239.35 2,393.82 1,196.91 33.02 31.50 41.27

3.3 59,196.10 2,276.77 1,138.39 31.40 29.96 39.25 61,445.55 2,363.29 1,181.65 32.60 31.10 40.75 63,780.48 2,453.10 1,226.55 33.84 32.28 42.29

3.4 60,627.50 2,331.83 1,165.91 32.16 30.68 40.20 62,931.35 2,420.44 1,210.22 33.39 31.85 41.73 65,322.74 2,512.41 1,256.21 34.65 33.06 43.32

4.1 62,060.98 2,386.96 1,193.48 32.92 31.41 41.15 64,419.30 2,477.67 1,238.83 34.17 32.60 42.72 66,867.23 2,571.82 1,285.91 35.47 33.84 44.34

4.2 63,522.49 2,443.17 1,221.59 33.70 32.15 42.12 65,936.34 2,536.01 1,268.01 34.98 33.37 43.72 68,441.92 2,632.38 1,316.19 36.31 34.64 45.39

4.3 65,015.13 2,500.58 1,250.29 34.49 32.90 43.11 67,485.70 2,595.60 1,297.80 35.80 34.15 44.75 70,050.16 2,694.24 1,347.12 37.16 35.45 46.45

4.4 66,530.61 2,558.87 1,279.43 35.29 33.67 44.12 69,058.77 2,656.11 1,328.05 36.64 34.95 45.79 71,683.01 2,757.04 1,378.52 38.03 36.28 47.54

5.1 68,050.24 2,617.32 1,308.66 36.10 34.44 45.13 70,636.15 2,716.78 1,358.39 37.47 35.75 46.84 73,320.32 2,820.01 1,410.01 38.90 37.11 48.62

5.2 69,565.72 2,675.60 1,337.80 36.90 35.21 46.13 72,209.22 2,777.28 1,388.64 38.31 36.54 47.88 74,953.17 2,882.81 1,441.41 39.76 37.93 49.70

5.3 71,079.13 2,733.81 1,366.91 37.71 35.97 47.13 73,780.13 2,837.70 1,418.85 39.14 37.34 48.93 76,583.78 2,945.53 1,472.76 40.63 38.76 50.78

6.1 73,607.69 2,831.07 1,415.53 39.05 37.25 48.81 76,404.79 2,938.65 1,469.32 40.53 38.67 50.67 79,308.17 3,050.31 1,525.16 42.07 40.14 52.59

6.2 76,134.19 2,928.24 1,464.12 40.39 38.53 50.49 79,027.29 3,039.51 1,519.76 41.92 39.99 52.41 82,030.32 3,155.01 1,577.51 43.52 41.51 54.40

6.3 78,660.68 3,025.41 1,512.71 41.73 39.81 52.16 81,649.78 3,140.38 1,570.19 43.32 41.32 54.14 84,752.48 3,259.71 1,629.86 44.96 42.89 56.20

7.1 81,187.17 3,122.58 1,561.29 43.07 41.09 53.84 84,272.28 3,241.24 1,620.62 44.71 42.65 55.88 87,474.63 3,364.41 1,682.20 46.41 44.27 58.01

7.2 83,717.81 3,219.92 1,609.96 44.41 42.37 55.52 86,899.09 3,342.27 1,671.14 46.10 43.98 57.63 90,201.26 3,469.28 1,734.64 47.85 45.65 59.82

7.3 86,244.31 3,317.09 1,658.54 45.75 43.65 57.19 89,521.59 3,443.14 1,721.57 47.49 45.30 59.36 92,923.41 3,573.98 1,786.99 49.30 47.03 61.62

8.1 89,277.34 3,433.74 1,716.87 47.36 45.18 59.20 92,669.88 3,564.23 1,782.11 49.16 46.90 61.45 96,191.34 3,699.67 1,849.83 51.03 48.68 63.79

8.2 92,311.42 3,550.44 1,775.22 48.97 46.72 61.21 95,819.25 3,685.36 1,842.68 50.83 48.49 63.54 99,460.38 3,825.40 1,912.70 52.76 50.33 65.96

8.3 95,340.30 3,666.93 1,833.47 50.58 48.25 63.22 98,963.23 3,806.28 1,903.14 52.50 50.08 65.63 102,723.83 3,950.92 1,975.46 54.50 51.99 68.12

8.4 98,185.46 3,776.36 1,888.18 52.09 49.69 65.11 101,916.51 3,919.87 1,959.93 54.07 51.58 67.58 105,789.33 4,068.82 2,034.41 56.12 53.54 70.15

8.5 101,034.77 3,885.95 1,942.98 53.60 51.13 67.00 104,874.09 4,033.62 2,016.81 55.64 53.07 69.55 108,859.30 4,186.90 2,093.45 57.75 55.09 72.19

  

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Local Government Employees' (excluding Brisbane City Council) Award - State 2003

Rates Effective First Pay Period after 1 July 2011 Rates Effective First Pay Period after 1 July 2012 Rates Effective First Pay Period after 1 July 2013 Level

Annual Fortnightly Weekly Hrly Cas Hrly Annual Fortnightly Weekly Hrly Cas Hrly Annual Fortnightly Weekly Hrly Cas Hrly

1 44,252.00 1,702.00 851.00 22.39 27.55 46,332.00 1,782.00 891.00 23.45 28.84 48,412.00 1,862.00 931.00 24.50 30.14

2 44,949.00 1,728.81 864.40 22.75 27.98 47,029.00 1,808.81 904.40 23.80 29.27 49,109.00 1,888.81 944.40 24.85 30.57

3 45,656.00 1,756.00 878.00 23.11 28.42 47,736.00 1,836.00 918.00 24.16 29.71 49,816.00 1,916.00 958.00 25.21 31.01

4 46,374.00 1,783.62 891.81 23.47 28.87 48,454.00 1,863.62 931.81 24.52 30.16 50,534.00 1,943.62 971.81 25.57 31.46

5 46,951.00 1,805.81 902.90 23.76 29.23 49,031.00 1,885.81 942.90 24.81 30.52 51,111.00 1,965.81 982.90 25.87 31.82

6 48,428.00 1,862.62 931.31 24.51 30.14 50,508.00 1,942.62 971.31 25.56 31.44 52,588.00 2,022.62 1,011.31 26.61 32.73

7 50,024.00 1,924.00 962.00 25.32 31.14 52,104.00 2,004.00 1,002.00 26.37 32.43 54,184.00 2,084.00 1,042.00 27.42 33.73

8 51,540.00 1,982.31 991.15 26.08 32.08 53,620.00 2,062.31 1,031.15 27.14 33.38 55,700.00 2,142.31 1,071.15 28.19 34.67

9 53,079.00 2,041.50 1,020.75 26.86 33.04 55,159.00 2,121.50 1,060.75 27.91 34.33 57,255.04 2,202.12 1,101.06 28.98 35.64

Engineering Award - State 2002

Rates Effective First Pay Period after 1 July 2011 Rates Effective First Pay Period after 1 July 2012 Rates Effective First Pay Period after 1 July 2013 Level

Annual Fortnightly Weekly Hrly Cas Hrly Annual Fortnightly Weekly Hrly Cas Hrly Annual Fortnightly Weekly Hrly Cas Hrly

C11 44,793.00 1,722.81 861.40 22.67 27.88 46,873.00 1,802.81 901.40 23.72 29.18 48,953.00 1,882.81 941.40 24.77 30.47

C10 46,951.00 1,805.81 902.90 23.76 29.23 49,031.00 1,885.81 942.90 24.81 30.52 51,111.00 1,965.81 982.90 25.87 31.82

C9 48,428.00 1,862.62 931.31 24.51 30.14 50,508.00 1,942.62 971.31 25.56 31.44 52,588.00 2,022.62 1,011.31 26.61 32.73

C8 50,024.00 1,924.00 962.00 25.32 31.14 52,104.00 2,004.00 1,002.00 26.37 32.43 54,184.00 2,084.00 1,042.00 27.42 33.73

C7 51,540.00 1,982.31 991.15 26.08 32.08 53,620.00 2,062.31 1,031.15 27.14 33.38 55,700.00 2,142.31 1,071.15 28.19 34.67

C6 54,898.00 2,111.46 1,055.73 27.78 34.17 56,984.12 2,191.70 1,095.85 28.84 35.47 59,149.52 2,274.98 1,137.49 29.93 36.82

C5 56,483.00 2,172.42 1,086.21 28.58 35.16 58,629.35 2,254.98 1,127.49 29.67 36.49 60,857.27 2,340.66 1,170.33 30.80 37.88

Building Trades Public Sector Award - State 2002

Rates Effective First Pay Period after 1 July 2011 Rates Effective First Pay Period after 1 July 2012 Rates Effective First Pay Period after 1 July 2013 Level

Annual Fortnightly Weekly Hrly Cas Hrly Annual Fortnightly Weekly Hrly Cas Hrly Annual Fortnightly Weekly Hrly Cas Hrly

BT1 46,951.00 1,805.81 902.90 23.76 29.23 49,031.00 1,885.81 942.90 24.81 30.52 51,111.00 1,965.81 982.90 25.87 31.82

BT2 48,764.00 1,875.54 937.77 24.68 30.35 50,844.00 1,955.54 977.77 25.73 31.65 52,924.00 2,035.54 1,017.77 26.78 32.94

BT3 50,024.00 1,924.00 962.00 25.32 31.14 52,104.00 2,004.00 1,002.00 26.37 32.43 54,184.00 2,084.00 1,042.00 27.42 33.73

Schedule C - Treatment Plant Annualised Salary 1. Application This Schedule shall apply to transferred staff appointed on the Maroochy Water Services Water and Sewage Treatment Operations Local Work Area Agreement 2007 and employed under the Local Government Employees' (excluding Brisbane City Council) Award - State 2003. The roles covered by this schedule are the Treatment Plant Operators, Operator's Assistants and Assistant Operators at Unitywater's Maroochydore, Coolum, Suncoast and Nambour Sewage Treatment Plants. 2. Period of Operation These arrangements will commence as per the certification of this Agreement and continue until the conclusion of this Agreement or until replaced by the implementation of a competency based progression scheme. Any amendments or changes to these conditions during the life of this Agreement shall be by consultation and mutual agreement between Management and affected staff (and Unions as required). 3. Annualised Salary The parties have agreed to retain the annualised salary structure as set out in sub-clause 4 of this Schedule. The following payments have been incorporated into the annualised salary calculations:

Base rate of pay Construction work allowance On call allowance as per rostered arrangements for shared on call duties, including public holidays Rostered weekend work Higher duties for Assistant Operators based on staff rotations for leave and incidental absences being:

o 4 weeks of annual leave; o Rostered weekend overtime; and o 24 rostered days off per year.

Annual leave loading (based on 4 weeks of annual leave). Employees will work the hours prescribed by their work roster for the annualised salaries detailed in sub-clause 4 of this Schedule. These salaries will be used for the purpose of calculating:

Employee superannuation; Sick leave; and Other short term leave arrangements such as carer's leave, leave without pay and bereavement leave.

The new salary schedule will not include payments for long service leave, after hours work in addition to the prescribed roster (including call outs), travel and first aid allowances. Standard Award and Certified Agreement provisions will apply in such cases. Staff will maintain these annualised salaries whilst in their current appointed role. Appointment to a new role will not entail the continued provisions of these arrangements where there is no direct relationship between the new role and the position that the benefit was provided for. New appointments to the work areas as prescribed in sub-clause 1 of this Schedule will not be made under these arrangements and will be remunerated in accordance with the provisions of the relevant parent Award or terms of this Agreement as appropriate. Unitywater and an employee in receipt of the continued benefit may by mutual agreement cease this arrangement. 4. Annualised Salary Rates 4.1 Annualised salary as at base rate equalisation - 27 June 2011

Treatment Plant Position Classification Level Annualised Salary Maroochydore Treatment Plant Operator 9 64,964.51

Treatment Plant Operator 9 64,919.61 Assistant Operator 8 63,476.06 Nambour Operator's Assistant 7 61,385.08 Treatment Plant Operator 9 64,964.51

Coolum Assistant Operator 8 64,522.95 Treatment Plant Operator 9 64,964.51

Suncoast Assistant Operator 8 64,522.95

  

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4.2 Annualised salary as at EBA increase - 11 July 2011 (EBA increase on base rates)

Treatment Plant Position Classification Level Annualised Salary Maroochydore Treatment Plant Operator 9 67,413.88

Treatment Plant Operator 9 67,326.11 Assistant Operator 8 65,882.77 Nambour Operator's Assistant 7 63,791.57 Treatment Plant Operator 9 67,413.88

Coolum Assistant Operator 8 66,972.54 Treatment Plant Operator 9 67,413.88

Suncoast Assistant Operator 8 66,972.54

4.3 Annualised salary as at certification incorporating allowance changes

Treatment Plant Position Classification Level Annualised Salary Maroochydore Treatment Plant Operator 9 69,789.05

Treatment Plant Operator 9 70,306.68 Assistant Operator 8 68,778.07 Nambour Operator's Assistant 7 66,772.15 Treatment Plant Operator 9 69,789.08

Coolum Assistant Operator 8 68,228.74 Treatment Plant Operator 9 69,789.08

Suncoast Assistant Operator 8 68,228.74

4.4 Certified agreement increases Subsequent increases to those items forming the annualised salary as per sub-clause 3 of this Schedule will be applied as per the conditions of this Agreement. The tables in sub-clause 4.1, 4.2, and 4.3 of this Schedule reflect the changes in the first year of the Agreement. 5. Occupational Health and Safety Parties will monitor Occupational Health and Safety for the work areas in accordance with Clause 5.1 Occupational Health and Safety of this Agreement. 6. Monitoring A committee comprising two (2) staff representatives and two (2) Management representatives, together with a Union official, will oversee the continued operation of these arrangements. The Committee shall meet every six (6) months after the certification of this Agreement to discuss its operation and raise and resolve to the mutual satisfaction of the parties any significant employee or Management concerns. Any grievances arising in relation to the ongoing operation of these conditions will be managed through the Disputes Resolution Procedure as per Clause 1.11 of this Agreement. Schedule D - Network Operations - Northern Operations Control Centre Shift Arrangements 1. Application This Schedule shall apply to the staff engaged as permanent continuous 12 hour shift workers employed immediately prior to the commencement of this Agreement in the Network Operations Branch Northern Control Centre of Unitywater employed under the terms of the Sunshine Coast Regional Council Sunshine Coast Water Network Operations Group Local Area Work Agreement 2009 and Queensland Local Government Officers' Award 1998. Any new employees appointed to these roles after the certification of this Agreement will be appointed under the terms of this schedule. These conditions will apply to staff working temporarily in the Network Operations Group if they are required to work more than three (3) weeks on the continuous shift roster. 2. Period of Operation These arrangements will commence as per the certification of this Agreement and continue until the conclusion of this Agreement. Any amendments or changes to these conditions shall be by consultation and mutual agreement between Management and staff (and Unions as required). Such agreement shall not be unreasonably withheld.

  

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3. Purpose and Objectives The purpose is to establish working arrangements that improve workplace efficiencies, effectiveness and services. These efficiencies, effectiveness and service provisions will be achieved by committing to the following objectives:

Provide a structure (and shift arrangement) suitable to the provision of quality services to Unitywater customers and stakeholders;

Recognise the criticality of the Network Operations Northern Control Centre and the importance of reasonable reimbursement for service provision;

Offer the opportunity for job satisfaction; Support the optimisation of a 24 hour Network Operations service utilising the optimal number of Network

Operations Officers; Ensure provision of, and retention of staff to deliver, a functional 24 hour/7 day service, with full staff

participation and commitment to support a team approach to service delivery; and Ensure a safe working environment and shift roster for Network Operations Northern Control Centre

Officers. The parties will be committed to and cooperate within the terms of this Schedule of this Certified Agreement to ensure its ongoing success. 4. Hours of Work Network Operations Northern Control Centre Officers are continuous shift workers required to work across a 24 hour/7 day roster. 4.1 Shift arrangements Staff employed within the Network Operations Northern Control Centre will work up to a 12.10 hour shift roster replacing Clause 14.2.1 of the Queensland Local Government Officers' Award. However for training and development needs or other agreed requirements, this may change to allow staff the flexibility to work shorter periods. The minimum period of engagement for such instances will be no less than four (4) hours, unless by agreement. The 12.10 hour shifts are worked as a Day Shift or Night Shift:

A Day Shift shall be a shift starting between 6:00am and 6.36am and finishing between 6:00pm and 6:36pm.

A Night Shift shall be a shift starting between 6:00pm and 6:36pm and finishing between 6:00am and 6:36 am.

4.2 Shift rosters Network Operations Northern Control Centre Officers will work on a seven (7) week roster cycle. Officers will be rostered to work an average of six 12.10 hour shifts per fortnightly pay period over two 7 week cycles. All parties recognise that on occasion there may be a need to change shift rosters to accommodate staff or operational needs. Any amendments or changes to shift rosters will be by consultation and mutual agreement between Management and the majority of affected employees (and Unions as required). Such agreement shall not be unreasonably withheld. All requests by staff for changes to the set roster must be received by the Network Control Coordinator no less than 48 hours prior to that Officer's intended changed shift. Management will endeavour to accommodate staff requests where operationally convenient however any approval will be at Management discretion in these instances. 4.3 Breaks Network Operations Group Officers will be provided with two 30 minute paid crib breaks per shift. Breaks should be taken in accordance with demand to meet operational requirements and on occasion it may be the case that the full break entitlement may not be able to be taken in one allotment. 5. Wages Network Operations Northern Control Centre Officers will work to an annualised salary based on a seven (7) week roster cycle. Officers will be rostered to work an average of six 12.10 hour shifts per fortnightly pay period over two 7 week cycles.

  

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5.1 Annualised salary For Network Operations Officers who are permanent shift workers, the payment of various loading and allowances relating to their normal shifts will be annualised as a fixed percentage of the Officer's ordinary salary rate and paid with the normal fortnightly salaries. This annualisation includes the payment of the following:

Shift premiums Weekend penalties for rostered work Annual leave loading Public Holidays for rostered work

Furthermore, with the agreement to alter the ordinary spread of hours to 12.10 hours per shift (36.25 hour working week averaged out over seven week cycle), meal allowances and overtime payments associated with these shift hours are not applicable within the span of these hours. The annualised percentage loading for those employed on the permanent shift rotation (including the Network Control Relief Officer) shall be 40%. This does not include penalty rates for additional hours required for unexpected absences or additional staffing requirements which will be paid separately. The annualisation percentage is based on a shift rotation involving:

Seven (7) fulltime shift positions and a relief position; and Seven (7) week roster cycle

If the number of shift positions or hours of coverage changes such as the basis of the original calculation are no longer applicable, then the annualisation percentage will be reviewed within two (2) weeks of such a change being made. Any such amendments or changes to these conditions would be by consultation and mutual agreement between Management and the majority of affected staff (and Unions as required). Such agreement shall not be unreasonably withheld. 5.2 Overtime All overtime worked outside of the standard shift arrangements will be paid at 200% of the base Certified Agreement rate. In the instance of unplanned absences or incidents, access to overtime is to be distributed on an equitable, rotating basis. The allocation of overtime will be reviewed as per sub-clause 9 of this Schedule. 6. Leave 6.1 Annual leave Network Operations Group Officers are entitled to five weeks (181.25 hours) annual leave. Leave loading as prescribed in Clause 23.7.2 of the Queensland Local Government Officers' Award is annualised as per sub-clause 5.1 of this Schedule. 6.2 Loading paid on leave The annualisation loading specified in sub-clause 5.1 of this Schedule is payable on the following types of leave:

Annual Bereavement Emergency Services Parental Jury Service Natural Disaster Defence Force Study

The annualisation is not payable on the following leave:

Personal (Sick and Carers) Long Service

  

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7. Occupational Health and Safety Parties will monitor Occupational Health and Safety for the work area in accordance with Clause 5.1 Occupational Health and Safety of this Agreement. 8. Monitoring A committee comprising two (2) staff representatives and two (2) Management representatives, together with a Union official, will oversee continued operation of these arrangements. The Committee shall meet every six (6) months after the certification of the Agreement to discuss its operation and raise and resolve to the mutual satisfaction of the parties any significant employee or Management concerns. Any grievances arising in relation to the ongoing operation of these conditions will be managed through the Disputes Resolution Procedure as per Clause 1.11 of this Agreement. All employees covered by this Schedule are committed to full participation in identifying and actioning opportunities for business improvements in relevant work areas. 9. Position Review All Network Operations shift roles will be reviewed in accordance with Clause 2.3 of this Agreement. The parties agree that the 12 month timeframe for completion of the position review/evaluation process may be shorter should consolidation of the structure be implemented within 12 months from certification of this Agreement. 10. Consolidation of Unitywater Network Operations Control Centre It is agreed that a new operating structure may be developed during the term of this Agreement. The parties are committed to working collaboratively during the life of this Agreement to implement any future changes through proper participation and consultation between Management, affected staff and Unions as per Clause 6.4 Workplace Change Notification of this Agreement. Schedule E - Live Sewer Annualised Salary Allowance (Noosa LAWA 2002) 1. Application This Schedule shall apply to transferred staff appointed on the Noosa Council Live Sewerage Allowance Local Area Work Agreement 2002 and employed under the following Awards:

Building Trades Public Sector Award - State 2002 Engineering Award - State 2002 Local Government Employees' (excluding Brisbane City Council) Award - State 2003 Queensland Local Government Officers Award 1998

The roles covered by this Schedule are:

Pump Fitters (replaced by Mechanical Fitters) Electrical Tradesperson (replaced by Electrical Fitter) Sewerage Mains Foreman (replaced by Civil Response Unit Leader) Drainer Labourers (replaced by Field Workers and Pump Station Attendants) Plant Operator - Sewerage Operations

New appointments to this work area will not be made under this arrangement and will be remunerated in accordance with the provisions of the relevant parent Award or terms of this Agreement as appropriate. Appointment to a new role will not entail the continued provisions of these arrangements where there is no direct relationship between the new role and the position that the benefit was provided for. Unitywater and an employee in receipt of the continued benefit may by mutual agreement cease this arrangement. 2. Annualised Salary The annualised live sewer allowance shall be paid on the normal weekly wage rate in Schedule B of this Agreement. For the purpose of positions listed in sub-clause 2.1 of this Schedule the base rate will include construction allowance, leading hand allowance and supervisors allowance (as applicable) but exclude any other allowances. 2.1 Positions and rates of allowances

  

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The employees employed in the following positions shall not receive "live sewerage" or equivalent allowances in accordance with the relevant Awards, but shall instead receive an annualised allowance as follows:

Pump Fitters (replaced by Mechanical Fitters) - 22% Electrical Tradesperson (replaced by Electrical Fitter) - 18% Sewerage Mains Foreman (replaced by Civil Response Unit Leader) - 16% Drainer - 22% Labourers (replaced by Field Workers and Pump Station Attendants) - 16% Plant Operator - Sewerage Operations - 16%

3. Exclusions The annualisation loading specified in sub-clause 2.1 of this Schedule is not payable in the following instances:

The allowance shall not be paid during periods of long service leave. The allowance shall not be paid during sick leave which extends beyond fifteen days in any one (1)

financial year. No additional allowance shall be paid when overtime is worked. The allowance shall not form part of the employees' wage for the purposes of annual leave loading or other

loadings. Employees shall continue to receive construction allowance in accordance with their Awards, in addition to

the annualised live sewerage allowance. When an employee is temporarily assigned to work to which a different rate of allowance applies, the

employee shall be paid the different rate of allowance.

4. Review The annualised live sewer payment as detailed in sub-clause 2.1 of this Schedule will be reviewed in accordance with sub-clause 2.5.3.3.1 of this Agreement. Schedule F - Live Sewer Annualised Salary 1. Application This schedule shall apply to transferred staff appointed on the Maroochy Mechanical/Electrical and Civil Services Units Local Work Area Agreement 2007 and employed under the following Awards:

Engineering Award - State 2002 Local Government Employees' (excluding Brisbane City Council) Award - State 2003

The roles covered by this Schedule are:

Pump Station Attendants Pump Station Operations Officer Mechanical Fitters

New appointments to this work area will not be made under this arrangement and will be remunerated in accordance with the provisions of the relevant parent Award or terms of this Agreement as appropriate. Appointment to a new role will not entail the continued provisions of these arrangements where there is no direct relationship between the new role and the position that the benefit was provided for. Unitywater and an employee in receipt of the continued benefit may by mutual agreement cease this arrangement. 2. Annualised Salary The annualised live sewer allowance shall be paid on the normal weekly wage rate in Schedule B of this Agreement. For the purpose of positions listed in sub-clause 2.1 of this Schedule the base rate will not include any other allowance annualised or otherwise. 2.1 Positions and rates of allowance The employees employed in the following positions shall not receive "live sewerage" or equivalent allowances in accordance with relevant Awards, but shall instead receive an annualised allowance as follows:

Pump Station Attendants - 20%

  

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Pump Station Operations Officer - 20% Mechanical Fitters - 20%

3. Leave The loading specified in sub-clause 2.1 of this Schedule is payable on all paid leave. 4. Review The annualised live sewer payment as detailed in sub-clause 2.1 of this Schedule will be reviewed in accordance with sub-clause 2.5.3.3.1 of this Agreement. Schedule G - Personal/Sick Leave - Payout of Entitlement 1. Application This provision applies to employee's who transitioned to Unitywater on 1 July 2011 and had a continuing entitlement to the payout of accumulated sick leave credits on termination under the Certified Industrial Agreements applying to the former Caboolture Shire Council and Redcliffe City Council. 2. Payment 2.1 Payment provisions Payouts will be calculated in accordance with the following terms and conditions:

For employees of the former Caboolture Shire Council: o Must have been employed on or before 30 June, 2004 and have seven (7) years continuous service. o Payment shall be made at the rate of 2.5% for each year of completed service (e.g. an employee with

seven years service shall be entitled to a payout of 7 x 2.5% = 17.25% of the accrued sick leave balance(hours) multiplied by their hourly rate)

Employees of the former Redcliffe City Council: o Appointed prior to 1 July 1999 shall receive the following percentages depending on completed years

of service and pro rata (pro-rata will be between the percentages listed in the table below):

Years of Service % One (1) year and less than five (5) years 10% Five (5) years and less than seven (7) years 15% Seven (7) years to less than ten (10) years 20% Ten (10) years and less than fifteen (15) years 30% Fifteen (15) years and less than twenty (20) years 50% Twenty (20) years and more 75%

Appointed on or after 1 July 1999 shall receive the following percentage for each year of completed service

and pro-rata (pro-rata will be between the percentages listed in the table below):

Years of Service % Seven (7) years to less than ten (10) years 10% Ten (10) years and less than fifteen (15) years 15% Fifteen (15) years and less than twenty (20) years 20% Twenty (20) years and more 30%

The maximum accumulation and payout payment of accrued sick leave is limited to 260 working days

(1885 hours or 1976 hours dependent upon Award Coverage). 2.2 Payment conditions

An employee may access the payment of the accrued entitlement in up to four (4) payments throughout the life of this Agreement. Where an employee elects to have the payment made in more than one instalment then the first payment date becomes the cessation point of the accrual of the benefit for this entitlement. Any future payments will be made on the balance of the entitlement not yet received as calculated from the initial payment to the employee.

  

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The pay out of the provision may be made by either a cash benefit or rolled over into the employee's superannuation fund (where superannuation fund terms and conditions provide for this).

Any employee who ceases employment for any cause other than disciplinary reasons after the certification of this Agreement and prior to the payout shall receive their payment of accumulated sick leave credits at the time of termination.

Following the payment employees will retain their current accrued sick leave balance in full. Only service where the employee was actually accruing or had an entitlement to sick leave applies in

determining the years of service. Casual employment or unpaid leave does not constitute service for the purposes of this calculation.

Following the pay out of accrued sick leave to an employee no further entitlement to the pay out of personal/sick leave on termination shall accrue.

3. Conclusion of Entitlement The continuing entitlement to the payout of accumulated personal/sick leave credits will cease at the conclusion of this Agreement. Any employee with an entitlement to this will have any amounts owing to them paid out no later than 30 June 2014. PART 8 - SIGNATORIES SIGNATORIES Signed for and on behalf of Unitywater ....................................................................................... Jonathon Black In the presence of ..........................................................................................................................Amber Ford Signed for and on behalf of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland .............................B.J. ?????? In the presence of:..........................................................................................................................Lisa Butler Signed for and on behalf of The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees ............................M. Rae In the presence of:..........................................................................................................................Kaylene Scott Signed for and on behalf of The Australian Workers’ Union of Employees, Queensland ............William Ludwig In the presence of:..........................................................................................................................Stacey Lee Schinnerl Signed for and on behalf of The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland .................................................................................Michael Ravbar In the presence of:..........................................................................................................................Kathleen Nettleton Signed for and on behalf of The Electrical Trades Union of Employees Queensland...................Richard Williams In the presence of:..........................................................................................................................Kathryn Bignell Signed for and on behalf of the Federated Engine Drivers’ and Firemens' Association of Queensland, Union of Employees .........................................................................Michael Ravbar In the presence of:..........................................................................................................................Kathleen Nettleton Signed for and on behalf of the Queensland Services, Industrial Union of Employees ................???????? In the presence of:.......................................................................................................................... Justine Moran Signed for and on behalf of the Plumbers & Gasfitters Employees’ Union Queensland, Union of Employees ......................................................................................................................S. O'Hallerin In the presence of:..........................................................................................................................Simon Ong