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TRANSCRIPT
[2013] FWCA 4532
DECISION Fair Work Act 2009 s.185 - Application for approval of a greenfields agreement
Sunstone Resources Pty Ltd (AG2013/1512)
SUNSTONE RESOURCES AND RAIL TRAM BUS UNION ENTERPRISE AGREEMENT 2013-2015
Rail industry
FairWork Cornn1ission
SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 9 JULY 2013
Application for approval of the Sunstone Resources and Rail Tram Bus Union Enterprise Agreement 2013-2015.
[1] An application has been made for approval of an enterprise agreement known as the Sunstone Resources and Rail Tram Bus Union Enterprise Agreement 2013-2015 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Sunstone Resource Pty Ltd, and The Australian Rail, Tram and Bus Industry Union.
[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[3] An undertaking concerning clause 28.2 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.
[4] The Agreement is approved. In accordance with s.54(1) it will operate from 16 July 2013. The nominal expiry date of the Agreement is 30 June 2015.
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[2013] FWCA 4532
Annexure A
print name
Undertaking - Sunstone Resources and Rail Tram and Bus Union Enterprise Agreement 2013-2015
In accordance with section 190 of the Fair Work Act 2009 (Cth) (the FW Act), Sunstone
Resources Ply Ltd undertakes that clause 28.2 of the Sunstone Resources and Rail Tram
and Bus Union Enterprise Agreement 2013-2015 will be applied consistent with s.87(2) of
the Fair Work Act 2009
Signed for and on behalf of Sunstone Resources Pty Ltd by Its authortsed repr ntatfve
t<.:-rki'J
In the presence of
sign here,. ~tl.,p..,_ Witness '--+-1-"'"""~------
prtnt name _ ) c. 1 "> H y 1) (.,,.e ';)
Printed by authority of the Commonwealth Government Printer
<Price code A, AE402275 PR538736>
page 1
SUNSTONE RESOURCES
AND
RAIL TRAM BUS UNION
ENTERPRISE AGREEMENT
2013-2015
CONTENTS
Clause & Description Page No.
1 TITLE OF AGREEMENT .................................................................................................. 6
2 PARTIES TO THE AGREEMENT ................................................................................... 6
3 APPLICATION OF THE AGREEMENT ........................................................................... 6
4 DATE AND PERIOD OF OPERATION ........................................................................... 6
5 PARTIES' REPRESENTATION ....................................................................................... 6
6 APPLICATION AND SCOPE OF AGREEMENT ........................................................... 6
7 OBJECTIVES .................................................................................................................... 6
8 ANTI-DISCRIMINATION ................................................................................................ .. 7
9 DISPUTE RESOLUTION PROCEDURE ......................................................................... 8
10 OCCUPATIONAL HEALTH AND SAFETY ISSUES ...................................................... 9
11 PROCEDURE FOR FAIR TREATMENT ......................................................................... 9
12 CONSULTATION AND COMMUNICATION ............................................................... 10
13 CONSULTATION ........................................................................................................... 10
13.1 INTRODUCTION OF CHANGE ........................................................................ 10
14 WAGE INCREASES .................................................................... .... .............................. 12
15 EMPLOYMENT ARRANGEMENTS ............................................. ................................ 12
15.1 CONTRACT OF EMPLOYMENT ............................. ......................................... 12
15.2 CASUAL EMPLOYMENT .................................................................................. 13
16 SEVERANCE/REDUNDANCY ................................................................ ..................... 13
17 SUPERANNUATION ...................... ............................................................................... 14
18 HOURS OF WORK ........................................................................................................ 14
18. 1 STANDARD HOURS ......................................................................................... 14
18.2 EXTRA DAYS OFF (EDO) ................................................................................ 14
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18.3 ADDITIONAL DAYS OFF (ADO) ..... .... .. .................................................. ......... 15
18.4 WORK CYCLES & RDOs FOR RRL AND PROJECTS .... .. ....... .... ... . .. . ... 15
18.5 DAYLIGHT SAVING ...... ............................. ........................................................ 17
18.6 PUBLIC HOLIDAYS .......... .... ......................................... ..... ................. ...... ......... 18
18.7 MINIMUM BREAK FROM WORK ... ...... ....... ........................... .......................... 18
18.8 MORNING TEA BREAK ............... ........................... ...... .......................... ........... 18
18.9 ACTING IN HIGHER POSITIONS .... .......................... ........ .............................. 18
19 PENALTY PAYMENTS ................................................................................................. 19
19.1 DEFINITION .. ............................................................ .... .. ........... ........................ 19
19.2 SATURDAY WORK ......... .... ......................................... ...... ................ ...... ......... 19
19.3 SUNDAYWORK ... ......... ....................... .................................................... ......... 19
19.4 PAYMENT FOR WORK ON PUBLIC HOLIDAYS ........ .................................. 19
19.5 OVERTIME .............. .... .... ................. ........ ...................... ............ .... ...... .............. 19
19.6 OVERTIME MEAL .......... ........... ............ ...................... ............. ......... ........ ....... .. 19
20 SHIFT WORK .......................................... ................................................................. ...... 20
20.1 DEFINITIONS ... .................................. ........................... ............................ ......... 20
20.2 SHIFT WORK AVAILABILITY ........... ...... ...... .............. ..... ................. .............. ... 20
20.3 SHIFT ALLOWANCES ..................................... ....... ............................. ............. 2 1
21 FACILITIES ........................... .................................................. ...................... .................. 21
22 PERSONAL PROTECTIVE EQUIPMENT ................................................................... 21
23 CONSTRUCTION SITE JUMP UP CLAUSE ....... ................................ ...... ..... ...... ..... 22
23.1 CONSTRUCTION DEFINITION 22
23.2 CONSTRUCTION SITE ALLOWANCES ............. ....... ...... .......... ...... ............... 22
23.3 CONSTRUCTION SITE MINIMUM WAGE ............... ...... ........... .......... ..... ....... 22
23.4 ADDITIONAL CONSTRUCTION CONDITIONS 23
24 TRAINING AND SKILLS DEVELOPMENT ................................................................. 23
25 ALLOWANCES ....................................................... ............................... ........................ 24
25.1 DAILY TRAVEL ALLOWANCE ......... ...................... ...... ........... ......................... 24
25.2 DAILY ENTITLEMENT ...... .................... ............... ....... ...... ......................... ....... 24
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25.3 PROVISION OF TRANSPORT ........... .... ...... ..................... ...... ............ .... ......... 24
25.4 TRANSFER DURING ORDINARY WORKING HOURS ................ ........ ........ . 24
26 LIVING AWAY EXPENSES .......................................... ...... ...... ........ ............................ 25
26.1 SCOPE OF AGREEMENT. .. ................ ....... ...... ............. ........... ........... .......... .... 25
26.2 ADDITIONAL EXPENSES ................. ............ .............. ....... ..... .......... ....... ........ 25
26.3 LIVING AWAY FROM HOME EXPENSES 25
27 FIRST AID ALLOWANCE ............................................................................................. 25
28 LEAVE ......................................................................................... ............................. ....... 25
28.1 PERSONAL LEAVE ....... ................................ ............... ...... ................ ............... 25
28.2 ANNUAL LEA VE 26
28.3 LONG SERVICE LEAVE ..................... .............. ................................... ....... ...... 27
28.4 SICK LEAVE ................. ............ ..... ....... ............ ....... ................... ............ ...... ..... 27
28.5 CAREERS LEAVE (PERSONAL LEAVE TO CARE FOR AN 1M MEDIATE FAMILY OR HOUSEHOLD MEMBER) ....... ............................ ... 28
28.6 PARENTAL LEAVE .............. .... ......................... ....... ........................................ 29
28. 7 MATERNITY LEAVE. ......................................... .................................... ........ .... 31
28.8 PATERNITY LEAVE ..................................................... .. .... ............................... 32
28.9 ADOPTION LEAVE 32
28.10 RIGHT TO REQUEST .............. ........ ................................................................ 33
28.11 COMPASSIONATE LEAVE .......... ...... ........................................ ......... ...... ....... 34
28.12 BLOOD DONOR LEAVE 34
28. 13 CITIZENSHIP CEREMONY LEAVE. .......................... .. ..... ............................... 34
28.14 JURY SERVICE ............ ......... .......... ............ ...................................................... 34
28. 15 SPECIAL LEAVE ........... ..................... ..... .......................................................... 34
28.16 FAMILY VIOLENCE ............................. ............ ............. .. .... .............................. 35
28.17 OH&S REPRESENTATIVES TRAINING LEAVE ...... ...... .............................. 37
28.20 LEAVE WITHOUT PAY ........ .......... ...... ...... ................ ................. .............. ....... 37
28.20 ABSENTEEISM ......................... ........... ..... ....... ................ .................................. 37
29 STAFF DEVELOPMENT AND FEEDBACK ..... ..................... ..................................... 38
30 CODE OF CONDUCT ........ ...... ....................................... ........ ....................................... 38
31 DISCIPLINARY PROCESS ................................................. .. ...... ................................. 38
31 .1 SUMMARY DISMISSAL ... ...... .... ............. .......................................................... 40
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32 TRAUMA COUNSELLING ............................................................................................ 40
33 ACCIDENT PAY ....................... ..................................................................... ................. 40
34 FATIGUE MANAGEMENT ............................................................................................ 41
35 TRANSMISSION OF BUSINESS ................................................................................. 41
36 CONTINUITY OF SERVICE 42
37 EXTRA CLAIMS ............................................................................................................. 42
38 INDIVIDUAL FLEXIBILITY ARRANGEMENT ..... ........................................................ 42
39 RIGHTS OF UNION DELEGATES ................................................................................ 43
SIGNATORIES ....................................................................................................................... 44
ATTACHMENT A .................................................................................................................. 45
ATTACHMENT B ................... ....................................................... ........................................ 46
ATTACHMENT C ................................................................................................................... 48
DEFINITIONS ........................................................... ............................................................... 50
ATTACHMENT D .................................................................................................................. 51
ATTACHMENT E .................................................................................................................... 54
ATTACHMENT F .................................................................................................................... 55
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1 TITLE OF AGREEMENT
This Agreement shall be known as Sunstone Resources and Rail Tram Bus Union Enterprise Agreement 2013-2015.
2 PARTIES TO THE AGREEMENT
This is an agreement between Sunstone Resources (Company), the Australian Rail , Tram and Bus Industry Union (Union) and, when this Agreement is in operation, all employees of the Company whose employment is subject to the Agreement (Employee).
3 APPLICATION OF THE AGREEMENT
This Agreement applies to all of the Company's Employees who are employed in the classifications or occupations set out in Attachments B and C, who are employed in Victoria.
The Agreement applies to the exclusion of all awards and/or other agreements, whether certified or not, which would otherwise apply to the work covered by the scope of the Agreement.
4 DATE AND PERIOD OF OPERATION
This Agreement shall take effect (seven) 7 days from the date of approval by Fair Work Commission and shall remain in force until its nominal expiry date of 30 June 2015.
5 PARTIES' REPRESENTATION
Employees may appoint a representative, including a representative from the Union, for the purposes of the procedures in this Agreement.
6 APPLICATION AND SCOPE OF AGREEMENT
This agreement shall regulate the rates of pay and define the conditions of Employees of the Company engaged as supplementary labour and undertaking activities associated with Light I Heavy Rail Infrastructure maintenance and Construction or Rail Operations.
7 OBJECTIVES
The parties to this Agreement recognise that it represents a unique opportunity to build the Company's market share and profitability by providing products and services of the highest quality and the lowest possible costs, excellent client service and well-trained and motivated employees.
The Employees of this agreement are to:
• Ensure the efficiency and prosperity of the business for the benefit of the Company's 6
Employees, clients and shareholders.
• Develop and maintain the most productive and harmonious working relationships possible with all concerned.
• Efficiently and safely undertake work at the lowest possible cost to the client.
• Maintain a safe work environment to recognised standards and requirements at the lowest possible cost to the business.
The parties recognise that an important factor in achieving these objectives is to develop a working environment in which all Employees are involved in decisions affecting them, care about their jobs and each other, and have the opportunity to achieve their full potential, take pride in themselves and their contributions and benefit from the success of their efforts. The need to develop flexibility of jobs and duties with and between work areas, subjected only to limitations imposed by individual skill levels and classifications are recognised as critical -to achieving the objectives of this Agreement.
To this end, the Parties agree on the need to:
• Ensure that each business unit is operating in a manner, which will promote, to the fullest extent possible, excellent client service and economy of operation.
• Constantly seek improvements in safety, quality, efficiency, housekeeping and work environment.
• Take all reasonable steps to avoid any action which disrupts continuity of operation by resolving Employee concerns and speedily through full and open communication, in accordance with the provisions contained in this Agreement.
• Develop a highly skilled and flexible workforce by training and developing Employees to broaden their skills, grow their potential and meet the needs of constantly changing clients' preferences and technology.
• Develop working relationships on the basis of co-operation, mutual trust, understanding and sincerity.
• Establish and maintain open and direct communication with all Employees on matters of mutual interest and concern.
• Support and maintain agreed standards of conduct and attendance necessary to ensure a safe, responsible and efficient operation.
The Parties accept that subject to the proper consultation process being followed, everyone will be expected to cooperate willingly to achieve the objectives of this Agreement, so that everyone performs to their full capability and potential and client-driven work programs are achieved.
8 ANTI-DISCRIMINATION
It is the intention of the parties to this Agreement to achieve the principal objective in the Fair Work Act 2009 (Cth) through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
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Accordingly, in fulfilling their obligations under the Grievance Procedure ("Fair Treatment") clauses, the parties must make every endeavour to ensure that neither the Agreement's provisions nor their operation are directly or indirectly discriminatory in their effects.
Nothing in this clause is taken to affect:
Any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth antidiscrimination legislation;
Junior rates of pay;
an employee, employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, I including by application to the Australian Human Rights and Equal Opportunity Commission; or
Any exemptions contained in the Fair Work Act 2009 (Cth) or its Regulations.
9 DISPUTE RESOLUTION PROCEDURE
The objective of the parties in this procedure is to avoid and settle disputes by direct consultation and negotiation and to avoid interruption to the performance of work and the consequential loss of production and remuneration.
It is the intention of this procedure to resolve by direct consultation and negotiation between the parties any grievance, dispute, claim or problem on any industrial matter with the exception of safety issues (refer clause 1 0). This includes any dispute or grievance in relation to the National Employment Standards.
The following four stage procedure shall be adhered to in resolving matters under this clause:
(1) Discussion shall take place between the employee/s concerned and, at his/her request, the employee's nominated representative, and the immediate supervisor/s. The immediate supervisor will act promptly and cooperatively.
(2) Discussions shall take place involving the employee/s, employee's nominated representative, and senior management;
(3) Discussion shall take place involving the employee's nominated representative, and nominated employer representatives;
(4) Discussions shall take place involving employee's nominated representative and nominated employer senior representatives.
The parties may during this process refer the matter in dispute to an agreed independent person.
If any outcome is to be determined by the agreed independent person, it must not be inconsistent with the National Code of Practice for the Construction Industry and the Implementation Guidelines or be inconsistent with legislative provisions.
An Employee can be represented at any stage of the dispute resolution process, including by a union representative, if they so choose.
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The earliest possible advice should be given by one party to the other of any issue or problem that may give rise to a grievance or dispute.
Throughout each of the above stages of the procedures, all relevant facts shall be clearly identified and recorded and reasonable time limits allowed for the completion of the various stages of discussion.
The parties are committed to achieving negotiated settlements without work stoppages. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Fair Work Commission.
The Fair Work Commission may deal with the dispute in 2 stages:
(a) The Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation , conciliation, expressing an opinion or making a recommendation ; and
(b) If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
i. Arbitrate the dispute; and
ii. Make a determination that is binding on the Parties.
Note: if the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Ac 2009 (the Act).
A decision made by the Fair Work Commission when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may b made against the decision.
The Company shall ensure that all practices applied during the operation of these procedures are in accordance with the Safe working practices.
Where a dispute exists and whilst that dispute remains unresolved and is being addressed through this procedure, the parties will return to the situation and arrangements that existed prior to the issue which caused the dispute, such that no party is prejudiced during the process to resolve the matter. The Parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.
10 OCCUPATIONAL HEALTH AND SAFETY ISSUES
When a matter involving occupational health and safety arises, it shall be dealt with in accordance with the provisions of the Occupational Health and Safety Act 2004 (Vic).
11 PROCEDURE FOR FAIR TREATMENT
The procedure for handling issues of a non-industrial, personal nature is as follows:
(a) In the first instance an Employee should discuss the issue with their supervisor.
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(b) If the matter remains unresolved, then they can refer the matter to their manager.
(c) If the matter is still unresolved, or the Employee feels that they are not receiving fair treatment, then they should inform their manager and arrange to talk with their Department Manager/Managing Director.
(d) If the Employee still feels that they are not receiving fair treatment, or if their Department Manager has not become involved within fourteen (14) days of when the issue was raised, the matter can be referred by either party for mediation. Both parties will participate in the mediation process in good faith . The parties will agree on a mediator considered appropriate to mediate the issue.
(e) An Employee can be represented at any stage of the dispute resolution process, including by a union representative, if they so choose.
(f) As soon as is practicable (usually within 24 hours) after the Employee has initiated a step in the process, the Employee will be advised of how and when the issue will be addressed.
(g) Where a grievance exists and whilst that grievance remains unresolved and is being addressed through this procedure, the parties will return to the situation and arrangements that existed prior to the issue which caused the grievance, such that no party is prejudiced during the process to resolve the matter.
{h) If matters cannot be resolved under this process, the Employee has recourse to the Dispute Resolution Procedure.
12 CONSULTATION AND COMMUNICATION
The parties are committed to consultation and communication throughout all levels and particularly where employer policies and employee change of status is being implemented. The parties agree that genuine and effective mechanisms for consultation and communication are fundamental to the achievement of greater job satisfaction, productivity, efficiency and flexibility.
The parties reaffirm their commitment to the requirements of the Introduction of Change as stated in clause 13.1.
13 CONSULTATION
13.1 INTRODUCTION OF CHANGE
Prior to making a definite decision to implement significant change in matters pertaining to the employment relationship in any of the work places covered by this Agreement, the Company will consult with relevant Employees and if requested, their representatives.
The Company shall discuss with the relevant employees and their representatives, the introduction of the changes, the effects that changes are likely to have on Employees, and shall give prompt consideration to matters raised by the employees in relation to the changes.
For the purposes of such discussion, the Company shall provide in writing to the employees concerned, and their representatives, if requested, all relevant information about the
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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 the Company shall not be required to disclose confidential or commercially sensitive information, the disclosure of which would be detrimental to the Company's interests.
The parties agree that continuous improvement and the acceptance of ongoing change are fundamental to the success of the business and ensure the ongoing development of new methods to improve productivity and efficiency.
If a term in the Agreement provides for a significant change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out above are taken not to apply.
In this term, a significant change is likely to have a significant effect on Employees if it results in:
(a) The termination of employment of Employees; or
(b) Significant change to the composition, operation or size of the Company's workforce or to the skills required of Employees; or
(c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) The alternation of hours of work; or
(e) The need to retrain Employees; or
(f) The need to relocate Employees to another workplace; or
(g) The restructuring of jobs.
In this term, relevant employees mean the Employees who may be affected by the significant change.
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14 WAGE INCREASES
Safe Working Employees of the Company will receive the following pay adjustments in accordance with the following schedule:
Effective from the first full pay period to commence on or after
30 June 2013 (refer Attachment B)
30 June 2014 (refer Attachment B)
Increase
5%
5%
Track Maintenance Employees of the Company will receive the following pay adjustments in accordance with the following schedule:
Effective from the first full pay period to commence on or after
1 January 2014 (refer Attachment C)
1 January 2015 (refer Attachment C)
Increase
5%
5%
All allowances (refer Attachment A) will be increased by the same amount and on the same dates as the increases outline for Safe Working Employees mentioned above.
15 EMPLOYMENT ARRANGEMENTS
15.1 CONTRACT OF EMPLOYMENT
Employment terms and conditions are as follows:
Employees shall:
(a) Be engaged on a fulltime, part-time or casual basis;
(b) Be engaged on a permanent or fixed term basis;
(c) Be paid on a weekly basis by Electronic Funds Transfer (EFT) to a nominated account;
(d) An Employee may nominate accounts into which payments on the Employees' behalf may be deposited;
(e) All new Employees will be provided with an induction program on commencement of employment;
(f) Comply with any reasonable request of the Company and, subject to the business needs or requirements, work reasonable overtime and in accordance with shift rosters which may vary from time to time (see clause 20 herein) provided that they are appropriately skilled, competent, trained and qualified;
(g) Properly use all protective clothing and equipment that is provided by the Company;
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(h) Use technology and perform any duties which are within the Employee's skills, competence, training and qualification;
(i) Adhere to start and finish times for all work periods;
U) Participate in developing and implementing work methods that are designed to improve performance of the business;
(k) Comply with the Grievance Procedure "Fair Treatment"; and
(I) Comply with the Dispute Resolution Procedure.
(m) Return all Company issued uniform, PPE and equipment on termination of their employment.
15.2 CASUAL EMPLOYMENT
A casual Employee shall be engaged as such. For each hour worked, a casual Employee shall be paid the casual hourly rate as prescribed in Attachment B or Attachment C of this Agreement for work performed, inclusive of the casual loading.
The casual loading is incorporated into the base rate and shall apply for the purposes of calculating overtime, shift work and penalty rates and is in lieu of all leave except in the case of eligible casuals as prescribed by the National Employment Standards ("NES") in the Fair Work Act 2009 (Cth) .
16 SEVERANCE/REDUNDANCY
The Company is, and will remain during the life of this Agreement, a member of the Redundancy Payment Approved Workers Entitlement Fund 2 ("lncolink Number 2 Fund") of which Redundancy Payment Central Fund Ltd ("lncolink") is trustee, and all the employees of the Company within the scope of this Agreement will be enrolled in the lncolink Number 2 Fund and be entitled to redundancy benefits in accordance with the terms of the Trust Deed.
The Company shall pay contributions to the lncolink Number 2 Fund on behalf of each employee on a weekly basis in accordance with the Trust Deed. If lncolink nominates any other fund , the Company shall pay contributions to that fund on behalf of each employee on a weekly basis and in accordance with the constituting documents of that other fund, subject to the maximum payments specified in this agreement.
The liability of the Company to pay redundancy payments to an employee under this clause will be met by the making of the contributions on behalf of each employee required as a member of the lncolink Number 2 Fund, or by another fund nominated by lncolink.
References in this clause to "lncolink Number 2 Fund" include a reference to another fund for comparable purposes nominated by lncolink for the purpose of this Agreement as a fund, which supersedes the lncolink Number 2 Fund.
Employees working less than 38 hours per week shall receive lncolink payments on a pro rata basis
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17 SUPERANNUATION
The Company will pay an amount equivalent to the prevailing Superannuation Guarantee Levy into one of the following approved funds:
• C Bus
• Vic Super
• Australian Super
For the purpose of this clause, ordinary time earnings shall be as defined in the Australian Taxation Office Ruling 94/4 or subsequent Australian Taxation Office Rulings.
18 HOURS OF WORK
18.1 STANDARD HOURS
The standard hours of work for a full-time Employee shall be an average of thirty-eight (38) hours per week.
Extra Day off (EDO) is defined as the day off provided for Employees working a nineteen (19)-day, four (4)-week cycle. The EDO represents the twentieth (20th) day of the four (4)week cycle.
Standard hours of work for all Employees shall not exceed twelve (8) hours per shift other than as provided for below. No Employee during the course of any shift shall be booked off duty for more than half an hour, including time for a meal. The maximum hours of work in anyone shift, standard or otherwise shall not exceed twelve (12) hours.
Employees engaged on a fulltime, part-time or fixed term basis may agree with the Company to work standard hours of up to 12 hours per day for the purpose of aligning Sunstone rosters to those of the client. The Company will consult with Employees and their representatives in relation to any proposal described herein before the agreement to work such shifts is sought from its Employees.
On each occasion a casual Employee is required to attend work the Employee is entitled to minimum payment of eight (8) hours.
18.2 EXTRA DAYS OFF (EDO) EDOs will be rostered or otherwise taken as agreed between the Company and the Employee during the cycle so as to guarantee continuity of operation.
When working on a defined construction site, EDO's shall be rostered to align with the construction industry RDO schedule.
For the avoidance of doubt, EDOs are not applicable to casual Employees.
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18.3 ADDITIONAL DAYS OFF (ADO) A total of five (5) ADOs will be provided annually for fulltime Employees; these days shall be granted on the 1st of July each year. ADOs must be taken within twelve (12) months from the date the leave is made available. These days are non-cumulative. The ADOs for Employees who start after the 15th July in the coming year will be on a pro rata basis.
When an Employee has taken their guaranteed ADOs in advance of June 30th, and subsequently leaves the company then the leave taken will be deducted against their final payroll on a pro rata basis.
18.4 WORK CYCLES & ROSTERED DAYS OFF (ROO) FOR RRL AND PROJECTS
18.4.1 The ordinary working hours for an Employee working on the RRL shall be one hundred and forty-four (144) ordinary hours worked in a 1 0-day/2-week cycle, with eight hours worked for each of nine days, and with 0.8 of an hour on each of those days accruing towards the tenth day, which shall be taken as a paid day off.
The rostered hours of work shall be an average of thirty-six (36) hours per week.
The tenth day of the cycle shall be known as the 'ROO'. RDOs are paid at the ordinary time rate paid to employees at the time of taking the ROO, and shall include the daily 'Fares & Traveling Allowance', and any applicable Site Allowance as prescribed by this Agreement.
Provided that twenty-six RDOs shall be accrued by an employee in each twelve months continuous service.
18.4.2 Each day of paid leave taken and any holiday (as prescribed in clause 36 - Public Holidays and Holiday Work - of the Award), occurring during any cycle of two weeks shall be regarded as a day worked for accrual purposes.
18.4.3 Upon commencement of employment, employees who have not worked a complete ten day/two week cycle , shall receive pro-rata accrual entitlements for the first ROO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur.
Upon termination of employment, an adjustment will be made to ensure that the full ROO entitlements, and no more, have been provided. This means that employees then having received more ROO's than they were entitled to will have the relevant amount removed from final termination payments, and employees who have received less than their full ROO entitlement will have the outstanding amount added to final termination payments.
18.4.4 ROO Schedule
The calendars for 2013, 2014 and 2015, and Christmas Closedown dates for 2013/2014, 2014/2015 and 2015/2016 have been agreed and are attached (Attachment D).
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18.4.5 Work on Scheduled RDOs
Work may take place on a scheduled ROO or on any substituted day where it is required by the Company and such work is necessary to allow other employees to be employed productively to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project. Such circumstances would include the following: excessive periods of inclement weather, matters not necessarily the fault of the employer which has led to the project being delayed or behind schedule, the requirement to meet the principal's work program and unexpected delays in the project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations.
Where the Company requires work to be performed on a Scheduled ROO (or any substituted day) because of the existence of any of the above, it will:
(i) At least 7 ca lendar days prior to the ROO consult with the effected employees; and
(ii) Notify the union in writing (fax or email) at least 7 calendar days prior to the ROO that work will be performed.
The attached notification form (Attachment E) may be used by the Company for this purpose.
Employees who agree to work will work on the scheduled ROO (or any substituted day).An employee may refuse to work on a scheduled ROO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to:
the hours of work that will be worked by that employee in the week of the scheduled ROO;
the employee's family responsibilities; and
any other special circumstances peculiar to the employee.
An employee cannot be required to work on more than two scheduled ROOs in any six week period.
Such work shall be paid for at ordinary time rates of pay.
The untaken ROO will be re-scheduled to another day falling within six weeks of the originally scheduled day provided that the re-scheduled ROO is to be taken on a day or days adjacent to a weekend or in conjunction with annual leave, or as otherwise agreed by the parties, such agreement not to be unreasonably withheld.
18.4.6 Unforeseen and Emergency Scheduled ROO work where 7 Days Notice not Provided
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If 7 calendar days notice is not provided by the Company in accordance with 18.4.5(ii), then the affected employees, in addition to accrued entitlements, shall be paid penalty rates and provisions as prescribed for Sunday work in the award.
18.4. 7 Alternate RDOs
(a) Where the parties and a majority of the Company's employees at an enterprise or job site agree, another day may be substituted for the scheduled ROO.
(b) The union shall be notified concerning such substitution, such notification will take place 5 working days prior to the change being implemented.
(c) Where there is a dispute in relation to an alternate ROO, the matter may be determined in accordance with clause 9- Disputes Resolution Procedure - of this Agreement.
18.4.8 Banking of RDOs
During the earthworks summer season the Parties to this Agreement may agree to the banking of ROO's during the months of January, February, March, April and May. These exemptions to the industry calendar are subject to the following provisions:-
(a) The proposal to bank ROO's will be put to the employees on a project by project basis at a meeting conducted by the employee representative at the commencement of a project or substantially in advance of the first ROO the Company seeks to have banked.
Details of such banked ROO's shall be entered on to each employee's employment records.
(b) One ROO will be taken in each month where banking occurs as per the Industry ROO calendar. The ROO would normally be adjacent to shutdown/no work weekends on that calendar if they occur in a month subject to banking. If this does not occur in that month then the parties will agree on which of the calendar ROO's will be taken at the point where agreement is reached on banking.
(c) The banked ROO's will be taken individually or as a block by agreement between the parties after Anzac Day of that year where the banking has occurred, and before August 1st of that year. The ROO's will be taken adjacent to a weekend or in conjunction with annual leave.
18.5 DAYLIGHT SAVING
When by reason of State legislation summer time is prescribed as being in advance of the standard time of the State, the length of any overtime or standard hours shift shall be deemed to be the number of hours represented by the difference between the time recorded on the clock at the beginning of the shift and the time so recorded on the clock at
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the end of the shift. The time on the clock in each case is to be set to the time fixed pursuant to the relevant State legislation.
18.6 PUBLIC HOLIDAYS
An Employee other than a casual Employee shall be entitled, without loss of pay, to public holidays as follows:
• New Year's Day
• Australia Day
• Labour Day
• Good Friday
• Easter Saturday
• Easter Monday
• Anzac Day
• Queen's Birthday
• Melbourne Cup Day
• Christmas Day
• Boxing Day
Or such other day as is generally observed in a locality as a substitute day.
For the purposes of this Agreement, where Christmas Day, Boxing Day, New Year's Day and Australia Day fall on a Saturday or Sunday, the substitute/additional days will be as per that prescribed in the Victorian Government Gazette.
18.7 MINIMUM BREAK FROM WORK
Employees shall be provided a ten (10) hour break between shifts.
In the event that an Employee is directed by the Company to commence duty without being given a ten (10) hour break they shall be paid at the rate of double time until they are provided with such a break.
18.8 MORNING TEA BREAK
A morning tea break of no more than ten (10) minutes will be taken at a time determined by the operational requirements of the Company.
18.9 ACTING IN HIGHER POSITIONS
Employees engaged for more than two hours on one shift on duties carrying a higher rate than their ordinary classification shall, if the minimum rate for such classification is higher than their ordinary rate , be paid such minimum rate for such shift. If engaged for two hours or less on one shift they shall be paid such minimum rate for the time worked.
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19 PENALTY PAYMENTS
19.1 DEFINITION
"Normal rate" is the base rate of pay plus any allowances.
"Overtime" means all hours worked outside the Standard Hours of work as defined under clause 18.
Each hour (or part thereof) of overtime shall be paid at the rate applicable for the day on which the hour (or part thereof) was worked.
19.2 SATURDAY WORK
All work performed between midnight on Friday and midnight on Saturday shall be subject to payment at the rate of time and a half for the first two hours and double time thereafter. This payment shall be made in lieu of any shift allowance prescribed under clause 20.4.
19.3 SUNDAY WORK
Subject to the provisions of clauses 19.4, all overtime hours of work performed between midnight on Saturday and midnight on Sunday shall be subject to payment at double time rate . This payment shall be made in lieu of any shift allowance prescribed under clause 20.3.
19.4 PAYMENT FOR WORK ON PUBLIC HOLIDAYS
An Employee shall be paid at the rate of double time and a half for all hours worked on a public holiday. This payment shall be made in lieu of any shift allowance prescribed under clause 20.3.
19.5 OVERTIME
The Company may require employees to work reasonable overtime and Employees shall work such reasonable overtime as required.
For all work undertaken outside standard hours, payment will be time and a half for the first two hours and double time thereafter.
For casual Employees, all work which exceeds 8 hours per shift or one hundred and sixty {160) hours per four-week cycle rostered will be considered to be overtime. Payment will be time and a half for the first two (2) hours and double time thereafter.
19.6 OVERTIME MEAL
Any Employee working overtime shall be allowed a crib break of (20) minutes without deduction of pay after each four (4) hours of work, but this provision shall not prevent any
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agreed arrangement being made for the taking of a longer meal interval without pay.
Any Employee who is required to work overtime for a period of more than ten (10) hours shall either be supplied with a meal by the Company or be paid a Meal Allowance of (Refer to Attachment A) and if they work beyond a further two (2) hours, a further Meal Allowance is payable or a second meal is to be supplied.
20 SHIFT WORK
20.1 DEFINITIONS
"Standard Hours" is as defined under clause 18.
"Normal rate" is the base rate of pay plus any allowances paid under Attachment A when the employee is not at work.
"Early Morning Shift" is defined as a shift starting at or after 4:00 am (0400 hours) and before 6:00am (0600 hours).
"Day Shift" is defined as a shift starting at or after 6:00am (0600 hours) and finishing at or before 6:00pm (1800 hours).
"Afternoon Shift" is defined as a shift finishing after 6.00 pm (1800 hours) and at, or before, midnight (2400 hours).
"Night Shift is defined as a shift finishing after midnight (2400 hours) and starting before 4:00am (0400 hours).
"Rotating Shifts" are when an employee works on all rostered rotating shifts, i.e. day, afternoon and night.
"Shift Worker" whilst an employee works on rotating shifts or permanent night shift, they shall be considered to be a Shift Worker for the purposes of this Agreement.
Each hour (or part thereof) of Standard Hours of work shall be paid at the rate applicable for the day on which the hour (or part thereof) was worked.
20.2 SHIFT WORK AVAILABILITY
An Employee shall be required to make themselves available to work shifts as determined by the Company from time to time.
An Employee, other than a Casual Employee, shall be given a copy of the rostered hours they are required to work at least two (2) weeks prior to the commencement of each roster.
At least twenty four (24) hours' notice shall be given to an individual Employee, other than a
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Casual Employee, who is requested to change rostered shifts.
At least fourteen (14) days' notice shall be given to Employees, other than Casual Employees, if it is intended to alter rosters.
20.3 SHIFT ALLOWANCES
All standard hours work performed between midnight on Sunday to midnight on Friday shall be subject to payment of the following shift penalties:
(a) Early Morning Shift 15%
(b) Afternoon Shift 15%
(c) Night Shift 30%
21 FACILITIES
The Company shall provide facilities including the provision of lockers, drinking and boiling water, appropriate protective clothing, heating and cooling, ventilation and rest room facilities. Any disagreement regarding the adequacy of facilities shall be dealt with through the Consultative Process and/or the Dispute Resolution Procedure contained herein.
22 PERSONAL PROTECTIVE EQUIPMENT
To ensure that safety standards and a business-like image is maintained, all field Employees are required to wear Company issued clothing whilst engaged at work. The Company will provide a list of all personal protective equipment to each Employee during induction. This list is subject to change.
Suitable Company issued protective clothing shall be supplied by the Company and will be replaced on a fa ir wear and tear basis upon satisfactory proof.
It is also a condition of employment that all Employees wear a high visibility safety vest at all times where required. It is also a requirement to wear all other appropriate safety clothing and protective equipment provided, whilst working in the business, and to ensure its proper care, maintenance and storage.
In the first instance, wherever suitable Australian-made clothing and equipment can be economically sourced, it shall be used in favour of articles manufactured outside of Australia.
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23 CONSTRUCTION SITE JUMP UP CLAUSE
23.1 CONSTRUCTION DEFINITION
For the purpose of this clause it shall be deemed a construction site when an Employee performs:
(a) Amplifications -Work which involves the linear "extension" of existing infrastructure on an existing corridor such as passing lanes and/or track duplication and associated works.
(b) New Construction - Work which involves the construction of new infrastructure on a corridor not previously used for Light/Heavy rail such as building sites, by passes and yards not on railway reserves.
23.2 CONSTRUCTION SITE ALLOWANCES
The undermentioned rates apply to Employees of the Company who from time to time may be required to perform duties on a specific rail project related construction site for the time they are:
(1) Engaged in activities (construction or maintenance) on the defined site; or
(2) Engaged in activities (non-maintenance) supporting the work being undertaken on the defined site.
Project Value $m Site Allowance $ Per Hour 2.6 - 6.8 2.3109 6.8-16.7 2.7153 16.7 - 33.7 3.1198 33.7-67.3 3.5241 67.3 - 134.7 3.9285 134.7-201 .9 4.3300 201 .9-269.1 4.7374 269.1 - 403.8 5.1996 For Projects above $403.8 million, there shall be an increment of 10 cents per additional $1OOm or part thereof.
The rates shall be reviewed no later than 30 September 2013 and thereafter for each subsequent year of the Agreement taking into account movements in the CPl.
An Employee working on the Regional Rail Link (RRL) will be entitled to the construction site allowance in accordance with the rates outlined at Attachment F.
23.3 CONSTRUCTION SITE MINIMUM WAGE
The minimum hourly rate of pay for an Employee engaged on a construction site (as defined) shall be in accordance with the table in Attachment C.
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23.4 ADDITIONAL CONSTRUCTION CONDITIONS
23.4.1 Inclement weather shall mean the existence of rain and or abnormal climatic conditions {whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working whilst the same prevail. High temperature for the purposes of this clause shall be deemed to be 35 degrees Celsius or higher. (NB: this clause only applies to Employees engaged in recognised construction activities on designated construction sites and will not necessarily have application to otherfacets of the Companies' activities.)
23.4.2 During a period of inclement weather employees may be required to complete their assigned work and for such work shall be paid at the rate of single time in addition to their rate at the time of the inclement weather calculated to the next hour, and in the case of wet weather has clearly ended the Employees shall resume work at normal rates and the time shall be similarly agreed and noted.
23.4.3 Where it is necessary an employee shall work during periods of inclement weather to enable a rail network to remain safe whilst mobile plant or Employees of the Company or contractors are restoring a rail network to normal operating conditions.
23.4.4 Except as provided in sub-clause 23.4.3 above, no Employee shall be required to work exposed to inclement weather conditions. For the purposes of this clause an Employee operating machinery fitted with a functional weatherproof cab shall not be deemed to be exposed to inclement weather.
23.4.5 Generally an Employee will not undertake construction activities on a construction site when the site is closed to observe ROO's, PDO's, lock down weekends and public holidays, provided however that due to the limited opportunity to gain occupations and access to infrastructure exemptions may be granted between the Company and the Employees and their representatives on a case by case basis;
24 TRAINING AND SKILLS DEVELOPMENT
The Parties to the Agreement recognise that in order to increase efficiency and the competitiveness of the company, a continued commitment to training and skill development is necessary.
To that end both Parties in consultation will develop and continue to develop a training skills program consistent with the current and future skill needs of the Company and its workforce.
Employees will not lose any wages (excluding non-all-purpose allowances) for attending Company approved training programs during normal working hours.
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25 ALLOWANCES
25.1 DAILY TRAVEL ALLOWANCE
In lieu of any other provisions, an Employee who has travelled to the worksite as required by the Company from their principle place of residence shall receive the following travel allowance provided they are not using the Company's transport or travelling from accommodation arranged by the Company:
• Between 0 and up to 50 kilometres from the Employee's principle place of residence to the worksite $ (Refer Attachment A) per day.
• Between 51 and up to 100 kilometres from the Employee's principle place of residence to the worksite $(Refer Attachment A) per day.
• Over 100 kilometres from the Employee's principle place of residence to the worksite $ (Refer Attachment A) per day.
An employee claiming travel allowance shall demonstrate to the satisfaction of the Company their place of residence by production of two utility bills and a current driver's license.
The Company may accept another form of satisfactory evidence from the Employee demonstrating his/her place of residence.
25.2 DAILY ENTITLEMENT
The travelling Allowances prescribed in this clause shall not be taken into account in calculating overtime, penalty rates, annual or personal leave, but shall be payable for any day upon which the Employee in accordance with the Company's requirements works or reports for work or allocation of work. ·
25.3 PROVISION OF TRANSPORT
The allowance prescribed in this clause, shall not be payable on any day on which the Company provides or offers to provide transport free of charge from the Employee's principle place of residence (or, in the case of when an Employee is living away from home, the Employer's place of accommodation) to the place of work and return .
25.4 TRANSFER DURING ORDINARY WORKING HOURS
An Employee transferred from one site to another during working hours shall be paid for the time occupied in travelling, and unless transported by the Company shall be paid reasonable cost of fares by most convenient public transport between such sites. The reimbursement of public transport fares are not payable in instances where the Company provides Employee free travel passes.
Provided that where the Company requests an Employee to use his/her own car to affect such transfer and such Employee agrees to do so, the Employee shall be reimbursed at the rate as published by the Australian Taxation Office from time to time.
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26. LIVING AWAY EXPENSES
26.1 SCOPE OF AGREEMENT
Employees receiving Living Away from Home Allowance shall not be entitled to Travel Allowance as contained in Attachment A of the Agreement.
26.2 ADDITIONAL EXPENSES
Where employees are required to reside temporarily at locations where actual accommodation expenses exceed the allowance consideration will be given to paying "out of pocket" expenses where it can be substantiated that no other reasonable, but cheaper accommodation could be found. Employees are required to seek accommodation as close as possible to the worksite.
The company reserves the right to provide accommodation to its employees by agreement.
26.3 LIVING AWAY FROM HOME EXPENSES
Living Away expenses will be paid in the following instance:
(a) An employee has firstly travelled a minimum of 100 kilometres from their principle place of residence of engagement to the worksite ;
(b) The employee works a shift of greater than six hours; and
(c) The employee demonstrates to the employer via the production of a receipt from a hotel/motel or other commercial accommodation proof of living away from home.
Once the above conditions have been met employees may claim the expenses contained in Attachment A.
27 FIRST AID ALLOWANCE
Employees appointed by the employer to perform first aid duty shall be paid in accordance with Attachment A per week provided that such employees shall be required to pass the appropriate first aid examination every three years.
28 TYPES OF LEAVE
28.1 PERSONAL LEAVE
To assist Employees in balancing their work and family responsibilities the Company provides staff with the following leave categories, which can be accessed in the course of their employment:
(a) Annual Leave
(b) Personal (Sick) Leave
(c) Long Service Leave
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(d) Leave Without Pay
(e) Carers Leave
(f) Parental Leave
i. Maternity Leave
ii. Paternity Leave
iii. Adoption Leave
(g) Compassionate Leave
(h) Special Leave (i.e. Blood Donor, Reserve Forces, Major Sporting Events, Study
28.2 ANNUALLEAVE
An Employee, other than a casual Employee, shall be entitled to receive the following quantum's of Annual Leave following the completion of 12 months service calculated on a pro rata basis and on every anniversary date of their commencement of service:
Description Amount of Annual Leave
Shift Workers
All others
5 weeks
4 weeks
Any Employee who is sick whilst on annual leave may apply to substitute sick leave for annual leave provided it is verified by production of a satisfactory certificate of a registered Medical Practitioner indicating the employee is incapacitated through illness to such an extent as would render them incapable of performing any duty for the specified period.
An Employee, who upon retirement, resignation or termination of employment, has an outstanding leave accrual, will be paid an amount equal to the unused leave and any annual leave loading applicable.
28.2.1 ANNUAL LEAVE LOADING
Employees when taking annual leave are entitled to loading as detailed below, unless the leave to be taken has accrued from previous years and loading has already been paid against that accrual. Please note the provisions of clause 28.2.2 in respect to the taking of leave and the order in which that leave should be taken.
Description
Shift Workers
All others
Amount of Annual Leave Loading
20%
17.5%
The above are percentages of the Employee's ordinary weekly wage/salary, inclusive of allpurpose payments.
28.2.2 METHOD OF TAKING LEAVE
Annual leave shall not be granted for less than one (1) full day, i.e. the standard hours
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rostered for that day. When an Employee requests that leave be allowed in one continuous period, such request shall not be unreasonably refused. In the event of lack of agreement between the Company and Employee the matter may be dealt with in accordance with the fair treatment procedure.
Employees and their supervisors shall amend rosters to enable the scheduling of annual leave throughout the year to ensure continuity of maintenance and productive operation and an equal distribution of Employees on leave.
Guidelines shall be developed by management to enable orderly assessing of annual leave.
28.3 LONG SERVICE LEAVE
The Company will, for the life of the agreement, be a participating employer in the Construction Industry Long Service Leave Fund (Co-Invest). All fulltime employees are to be enrolled in the fund.
All fulltime employees will be covered by the conditions of the Co-Invest Long Service Leave Fund.
28.4 PERSONAL (SICK) LEAVE
28.4.1 An Employee, other than a casual Employee, shall be entitled to receive 15 (15) days Sick Leave per year which will accrue on a monthly basis .. Any unused Sick Leave shall accumulate and accrue to the Employee's credit.
28.4.2 During employment, or upon termination for any reason, Employees shall not be offered payment for accrued Sick Leave, i.e. "paying out" of Sick Leave. If an Employee is terminated by the Company and is re-engaged within a period of six months, then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement. In such a case the Employee's next year of service will commence after a total of twelve months has been served with the Company, excluding the period of interruption in service.
28.4.3 An Employee, who is absent from work on account of personal illness or injury shall be entitled to paid Sick Leave, from their Sick Leave entitlement, whenever such absence causes loss of ordinary time pay.
28.4.4 An Employee absent from a rostered overtime shift shall be entitled to paid Sick Leave, from their Sick Leave entitlement upon the provision of the satisfactory certificate of a registered medical practitioner. This payment will be made at the rate of the Employee's ordinary time pay.
28.4.5 Paid Sick Leave shall be authorised where the Company is satisfied that the absence of an employee from duty was due to genuine illness or injury.
28.4.6 Applications for leave of absence on the grounds of illness shall be supported by the satisfactory certificate of a registered medical practitioner or other evidence approved by the Company, such as a Statutory Declaration.
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28.4.7 The Company will, in any sick leave year of service, grant five (5) days leave of absence on the grounds of illness without the production of a medical certificate. Furthermore, the maximum number of consecutive days that will be granted without the production of a medical certificate shall be two (2).
28.4.8 An Employee who is involved directly in an industrial stoppage will not be entitled to paid leave of absence for any illness or injury on any working day or shift reduced by the stoppage unless the absence extends prior and beyond that day or shift and is fully covered by a medical certificate.
28.4.9 An Employee may be granted paid leave of absence provided absence from duty due to illness or injury commenced from a date prior to the stoppage commencing and such period is covered by a medical certificate.
28.5 CARERS LEAVE (PERSONAL LEAVE TO CARE FOR AN IMMEDIATE FAMILY OR HOUSEHOLD MEMBER)
An Employee, other than a casual Employee, is entitled to use, in accordance with this subclause, any personal (sick) leave entitlement to provide care and support to a member of their immediate family or member of their household, who requires care or support, because of a personal illness or injury or an unexpected emergency affecting the member.
The term immediate family includes:
(a) Spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the Employee. A de facto spouse means a person who lives with the Employee on a bona fide domestic basis; and
(b) A child or an adult child (including an adopted child , a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the Employee or spouse of the Employee.
The entitlement to use personal leave in accordance with this subclause is subject to:
(i) the Employee providing care for the person concerned; and
(ii) the person concerned being either a member of the Employee's immediate family or a member of the Employee's household.
Where an Employee has exhausted all paid leave, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The Company and the Employee shall agree on the period. In the absence of agreement, the Employee is entitled to take up to two (2) days, taken in full days, of unpaid leave per occasion.
The Employee shall furnish a medical certificate or statutory declaration, confirming that a member of their immediate family or member of their household required care or support because of personal illness, injury or unexpected emergency. This certification must be provided as soon as reasonably practicable before or after the leave commences.
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28.6 PARENTAL LEAVE
The following provisions relating to parental leave apply to full time and regular part time Employees (and any other employees entitled to parental leave under the (Fair Work Act 2009 ) An eligible casual employee is entitled to unpaid parental leave.
28.6.1 DEFINITIONS
Parental leave means paid and unpaid maternity, paternity and adoption leave as detailed hereunder.
(a) For the purpose of this clause child means a child of the Employee under school age or a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more
(b) For the purpose of this clause, spouse may include a de facto or former spouse.
(c) For the purpose of this clause, an eligible casual Employee is one who has been engaged by the Company on a regular and systemic basis for a sequence of periods of employment for a period of 12 months.
28.6.2 BASIC ENTITLEMENT
After twelve (12) months service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
Subject to clauses 28.7.1, 28.7.2 and 28.8, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:
(a) for maternity leave and paternity leave, an unbroken period of up to one week at the time of the birth of the child ; and
(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
28.6.3 VARIATION OF PERIOD OF PARENTAL LEAVE
An Employee may apply to their employer to extend the period of parental leave on one occasion. Any extension is to be notified as soon as possible but no less than 14 days before the end of the period. A period of parental leave may be shortened by written agreement between the Employee and the Company and the Employee must provide notice of return to work in accordance with clause 28.6 .6.
28.6.4 PARENTAL LEAVE AND OTHER ENTITLEMENTS
An Employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of
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leave not exceeding the maximum period provided for under this Agreement for that category of parental leave or a period longer as agreed.
28.6.5 TRANSFER TO A SAFE JOB
Where an employee is pregnant and, in the opinion of a registered Medical Practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work, the Employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
If the transfer to a safe job is not practicable, the Employee may elect, or the employer may require the Employee, to commence parental leave for such period as is certified necessary by a registered Medical Practitioner.
Parental leave taken in these circumstances is paid leave which is additional to any other leave to which the employee is entitled.
28.6.6 RETURNING TO WORK AFTER A PERIOD OF PARENTAL LEAVE
An Employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
An employee will be entitled to the position, which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job, the employee will be entitled to return to the position they held immediately before such transfer.
Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the Employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
28.6.7 REPLACEMENT EMPLOYEES
A replacement employee is an Employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
Before an Employer engages a replacement Employee the employer must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced.
28.6.8 COMMUNICATION DURING PARENTAL LEAVE
Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to :
(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; and
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(b) provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; and
(c) The Employee shall take reasonable steps to inform the Employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to request to return to work and whether the employee intends to request to return to work on a part-time basis.
The Employee shall also notify the employer of changes of address or other contact details.
28.7 MATERNITY LEAVE
28.7.1 GENERAL MATERNITY LEAVE ARRANGEMENTS
A permanent Employee who has completed twelve months' service by the date of commencement of maternity leave is entitled to be granted maternity leave with pay for a total period of twelve weeks upon production of a certificate from a legally qualified Medical Practitioner stating that she is pregnant and specifying the date of the expected birth. When an employee has been employed on a part time basis for all or portion of a continuous period of employment of twelve calendar months, she is entitled to be granted leave on a proportionate basis.
When the pregnancy of an employee terminates earlier than twenty weeks prior to the expected date of delivery there is no entitlement to paid maternity leave.
Employees may be granted additional leave after the period of maternity leave has expired as a deduction from other leave credits and/or leave without pay.
The maximum leave granted both paid and unpaid (including the period of maternity leave) should not exceed 52 weeks.
Payment in respect of maternity leave should not be made in advance, but paid in accordance with normal arrangements for payment of salary.
28.7.2 SPECIAL MATERNITY LEAVE ARRANGEMENTS
Where the pregnancy of an Employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child , then the employee may take unpaid special maternity leave of such periods as a registered practitioner certifies as necessary.
Where an Employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
Where an Employee not then on maternity leave suffers illness related to her pregnancy, she may take paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered Medical Practitioner certifies as necessary before her return to work. The aggregate of special or general maternity leave may not exceed 52 weeks.
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Where leave is granted during the period of absence, an employee may return to work at any time, as agreed between the Employer and the Employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
28.8 PATERNITY LEAVE
A permanent employee who has completed twelve (12) months service at the date of birth of a child and who makes a statutory declaration that he is the father of, or has accepted responsibility for the care of, a child may be granted paternity leave with pay for a period not exceeding one week, or for periods that in the aggregate do not exceed one week, provided that such leave shall commence not more than:
(a) One week prior to the expected date of birth of the child; or
(b) Five weeks after the birth of the child . (This means the leave should be completed no later than six (6) weeks after the birth).
In cases of still birth, paid paternity leave may be granted subject to the production of substantiating medical evidence but not in cases where the pregnancy terminates earlier than twenty weeks prior to the expected date of delivery.
Employees may also apply to be granted unpaid paternity leave on the proviso that the employee will be the primary care giver for the child during the period concerned and that they will not be having time off with a spouse or de facto spouse who is on maternity leave, The maximum period of leave granted for both paid and unpaid paternity leave should not exceed 52 weeks.
28.9 ADOPTION LEAVE
If a permanent Employee is adopting a child and has at least twelve (12) months continuous service they will be entitled to twelve (12) weeks paid leave provided that they are the primary care giver. Further, employees with at least 12 months service are entitled to a period of unpaid adoption leave. Total leave shall not exceed 52 weeks.
In cases where the Employee is a secondary carer they are entitled to one ( 1) weeks paid leave with a further option of an additional fifty one (51) weeks unpaid leave.
The Employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the Employee, the adoption of a child takes place earlier. Before commencing adoption leave, an employee will provide the Employer with a statutory declaration stating:
(a) The Employee is seeking adoption leave to become the primary care-giver of the child;
(b) Particulars of any period of adoption leave sought or taken by the Employee's spouse; and
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(c) That for the period of adoption leave the Employee will not engage in any conduct inconsistent with their contract of employment.
An Employer may require an Employee to provide confirmation from the appropriate government authority of the placement.
Where the placement of a child for adoption with an Employee does not proceed or continue, the employee will notify the Employer immediately and the Employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.
An Employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
An Employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead.
28.10 RIGHT TO REQUEST
An Employee entitled to parental leave pursuant to the provisions in clause 28.6 may request the employer to allow the employee:
(a) to extend the period of simultaneous unpaid parental leave provided for in cluse 28.6.2 up to a maximum of eight weeks;
(b) to extend the period of unpaid parental leave provided for in clause 28.7 by a further continuous period of leave not exceeding twelve (12) months; or
(c) to return from a period of parental leave on a part-time basis until the child reaches school age
to assist the employee in reconciling work and parental responsibilities.
The Employer shall consider the request having regard to the Employee's circumstances and, provided that the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
The Employee's request and the Employer's decision must be recorded in writing.
When an Employee wishes to make a request, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
33
28.11 COMPASSIONATE LEAVE
The provisions of this clause apply to all Employees.
An Employee is entitled to take up to three (3) days compassionate leave on each occasion of the death of a member of the Employee's immediate family or household.
Each period of compassionate leave stands alone and is not debited against any other type of leave.
Employees are also entitled to take unpaid compassionate leave. The Company and Employee should agree on the length of unpaid leave.
28.12 BLOOD DONOR LEAVE
An Employee shall receive leave with pay to attend a Blood Bank for the purposes of making a blood donation. This leave is subject to a maximum of four ( 4) hours payment at ordinary time rate for each occasion on wh ich ordinary time pay is lost.
The Employee shall provide the Company with reasonable notice in advance and a certificate of attendance at the Blood Bank.
28.13 CITIZENSHIP CEREMONY LEAVE
An Employee who is required to attend a ceremony for the purposes of receiving his/her Australian Citizenship Certificate shall receive leave with pay at ordinary time rate for any time on which ordinary time pay are lost.
The Employee shall provide the Company with reasonable notice in advance and allow the Citizenship Certificate to be sighted for verification.
28.14 JURY SERVICE
An Employee required to attend for Jury Service during rostered hours shall notify their supervisor as soon as possible prior to the commencement of the service and indicate the expected duration of attendance for Jury Service.
If an Employee is required to attend for Jury Service they shall receive their normal rostered ordinary time pay provided the employer receives proof of their attendance and shall be permitted to retain any fees allowed by the court.
28.15 SPECIAL LEAVE
Where an Employee requires time away from work for a substantial reason (i.e. Additional Compassionate, Reserve Forces, Major Sporting Events, Study) they may be granted paid leave at the discretion of the employer. The aforementioned is an indicative listing of the leave that may be sought by employees, however it is not limited to only these
34
28.16 FAMILY VIOLENCE
28.16.1 GENERAL PRINCIPLE
The Company recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. Therefore, the Company is committed to providing support to staff that experience family violence.
28.16.2 DEFINITION OF FAMILY VIOLENCE The Company accepts the definition of Family violence as stipulated in the Family Violence Protection Act 2008 (Vic). And the definition of family violence includes physical, sexual, financial , verbal or emotional abuse by a family member.
28.16.3 GENERAL MEASURES
(a) Proof of family violence will be required and can be in the form an agreed document issued by the Police Service, a Court, a Doctor, district nurse, maternal and child health care nurse a Family Violence Support Service or Lawyer.
(b) All personal information concerning family violence will be kept confidential in line with the Company Policy and relevant legislation. No information will be kept on an employee's personnel file without their express written permission.
(c) No adverse action will be taken against an employee (if proof has been provided, refer to in Part a clause 28.17 .3) if their attendance or performance at work suffers as a result of experiencing family violence.
(d) The Company will identify a contact in Human Resources who will be trained in family violence and privacy issues for example training in family violence risk assessment and risk management. The Company will advertise the name of the contact within the workplace.
(e) An Employee experiencing family violence may raise the issue with their immediate Manager or the Human Resources contact. The Manager may seek advice from Human Resources if the employee chooses not to see the Human Resources contact.
(f) Where requested by an Employee, the Human Resources contact will liaise with the Employee's Manager on the employee's behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with Section 28.17.4 and 28.17 .5.
35
(g) The Company will develop guidelines to supplement this clause and which details the appropriate action to be taken in the event that an employee reports family violence.
28.1 6.4 LEAVE
28.16.5
(a) An Employee experiencing family violence will have access to up to a maximum of ten (10) days per year of paid special leave for medical appointments, legal proceedings and other activities related to family violence (if proof has been provided, refer to Part a clause 28.17.3). This leave will be in addition to existing leave entitlements and may be taken as consecutive or single day or as a fraction of a day.
(b) An Employee who supports a person experiencing family violence may take Carer's Leave to accompany them to court, to hospital, or to mind children.
INDIVIDUAL SUPPORT
In order to provide support to an Employee experiencing family violence and to provide a safe work environment to all employees, the Company will approve any reasonable request from an employee experiencing family violence for:
(i) changes to their span of hours or pattern or hours and/or shift patterns;
(ii) job redesign or changes to duties;
(iii) relocation to suitable employment within the Company;
(iv) a change to their telephone number or email address to avoid harassing contact;
(v) any other appropriate measure including those available under existing provisions for family friendly and flexible work arrangements.
An Employee experiencing family violence will be referred to the Employee Assistance Program (EAP) and/or other local resources. The EAP shall include professionals trained specifically in family violence.
36
An Employee who discloses to the Human Resources Manager or their Manager that they are experience family violence will be given a resource pack of information regarding support services.
28.17 OH&S REPRESENTATIVES TRAINING LEAVE
An employee elected as an Occupational Health and Safety Representative may be granted five days paid leave to undergo introductory or refresher training.
The training should be undertaken as soon as practicable after appointment, having regard to the availability of course places and work requirements.
The granting of leave applies only to the first period of election.
Further training in health and safety, in such matters as specific hazard courses, safe working practices or to provide necessary emergency services should be undertaken as appropriate and at management's discretion as to timing.
Payment is not to be made for travelling time in addition to the leave granted.
Leave to attend courses is not to be debited against any leave.
Payment is to be as for a normal rostered shift and to include shift allowance, site disability allowance or any all-purpose allowance regularly paid but not for rostered overtime that would otherwise have been worked.
Payment is not to be made for incidental allowances such as dirt, heat, fumes allowances etc, as may be paid intermittently.
Where an employee works shifts, attendance should be scheduled where practical to maintain the shift pattern and not exceed the normal number of shifts.
28.18 LEAVE WITHOUT PAY
Leave without pay may be granted at the expiration of Employees' leave entitlements in accordance with Company's leave policies.
28.19 ABSENTEEISM
The Company's philosophy is to focus on encouraging Employees to be at work unless they are absent due to illness, injury or approved leave. Where it becomes apparent that an Employee has developed a pattern of behaviour that is contrary to these goals, the Company's management is committed to encouraging and facilitating good performance by communicating an expectation for improvement and providing the means by which improvement can be achieved and which may require the Employee upon return to work to attend an examination conducted by a Company nominated Medical Officer. The Company
37
will endeavour to work with the Employee to determine and resolve factors causing absenteeism.
29 STAFF DEVELOPMENT AND FEEDBACK
The overall objective of a feedback discussion is to provide a suitable development program for all individuals and to establish a process for mutual feedback in the workplace. A feedback discussion will enable both the supervisor and the Employee to measure the effectiveness of any training undertaken (or being undertaken) and provide a forum for ideas and suggestions.
It is an expectation of the Company that Employees will participate in all feedback discussions.
An Employee may choose to be accompanied, during any feedback discussions, by a third person of their choice.
Records of the discussion will be given to the Employee and a copy will be kept on the Employee's file.
Areas of review will include but are not limited to productivity, safety, environmental awareness, individual work history (skills audit), job satisfaction, team and individual performance targets , training requirements and competency.
30 CODE OF CONDUCT The policy of the Company is to have fair, equitable and consistent procedures in the workplace for the purpose of ensuring acceptable behaviour and conduct.
31 DISCIPLINARY PROCESS
The Company is committed to work with Employees to assist them to achieve satisfactory standards of work performance and conduct. When an Employee does not meet satisfactory standards of conduct in the areas of neglect of duty, approach to work or other misconduct, the process outlined below is to be followed, which shall include the Company providing training where appropriate.
The Employee has the right to have representation or the Employee's nominated witness present during this process. If the Company suspends an Employee while undertaking an investigation, the Employee will be suspended and paid as per roster. The disciplinary counselling procedures do not warrant the involvement of barristers and/or solicitors.
Step 1 VERBAL WARNING/COUNSELLING
When the Company has concern regarding the conduct of an Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to
38
Step 2
Step 3
Step 4
provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may verbally warn the Employee, which shall be documented with a copy placed on the Employee's personnel file. The Employee under counselling shall be made aware of the standards of improvement in conduct that is to be made. If after twelve (1 2) months from the date of verbal warning the Company determines that the conduct has been satisfactory, the written record of the warning will be removed from the Employee's personnel file.
FIRST WRITTEN WARNING
If the Employee fails to meet the agreed standards of improvement in accordance with Step 1, or if the Company has a second concern about the conduct of the Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may provide the Employee with a written warning, with a copy placed on the Employee's personnel file . The Employee receiving the written warning shall be made aware of the standards of improvement in conduct that is to be made. If after twelve (12) months from the date of written warning the Company determines that the conduct has been satisfactory, the written warning will be removed from the Employee's personnel file.
FINAL WRITTEN WARNING
If the Employee fails to meet the agreed standards of improvement in accordance with Step 2, or if the Company has a third concern about the conduct of the Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may provide the Employee with a written warning, with a copy placed on the Employee's personnel file. The Employee receiving the written warning shall be made aware of the standards of improvement in conduct that is to be made. If after twelve (12) months f rom the date of written warning the Company determines that the conduct has been satisfactory, the written warning will be removed from the Employee's personnel file.
DISMISSALS
If the Employee fails to meet the agreed standards of improvement in accordance with Step 3, or if the Company has a further concern about the conduct of the Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to provide an explanation. The Company will consider
39
this explanation and relevant facts in making its determination. Based on its determination, the Company may dismiss the Employee with a written notice of termination.
While in most cases each step of the procedure will be followed in sequential order, in certain cases of serious breaches of procedures or unacceptable conduct, the Company may move straight to Step 3 of the procedure.
Serious breaches in this context refer to breaches that for which it is not reasonable that a second breach would be tolerated and include such breaches that are likely to significantly put at risk other persons or the environment.
31.1 SUMMARY DISMISSAL
The Company may dismiss an Employee, without notice, for serious misconduct warranting summary dismissal. The Company shall undertake an investigation into the issues pertaining to the serious misconduct. The Employee/s concerned will be afforded due and proper process including right to representation and opportunity to respond. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may summarily dismiss the Employee.
Examples of actions that may constitute serious misconduct include serious breaches of safety, fighting, theft, sabotage, embezzlement etc. Under normal circumstances, use of the Internet that has not been approved by the Company will not constitute serious misconduct. However, any Employee who violates this clause will be subject to the disciplinary code of conduct which in extreme cases may lead to dismissal.
32 TRAUMA COUNSELLING
In the event of a traumatic incident at work, professional trauma counselling shall be made available to an Employee.
33 ACCIDENT PAY
An Employee, who IS m receipt of workers compensation payments, shall also receive payment from the Company of an amount equal to the difference between the workers compensation payment and the employee's ordinary base rate of pay at the time of the injury for a maximum period of fifty-two (52) weeks.
An Employee on engagement shall be required to declare all workers compensation claims made by them and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit their entitlement to accident pay.
Accident pay shall not be paid where any period of other paid leave of absence has been granted.
40
In the case of an employee rostered off on a programmed leisure day/extra day off which falls in a period when they are receiving workers compensation, they are not entitled to an alternative programmed leisure day/extra day off at a later stage.
The Comapny shall not dismiss any Employee by reason only of them being in receipt of accident pay.
An Employee off duty and in receipt of accident pay shall continue to receive payments of any acting in higher allowance being paid at the time of the injury for the full period that they would have continued to so act.
An employee who has submitted a claim for workers compensation and is absent from duty for more than a week and where it is apparent there may be a delay in the assessment of their claim, may be paid sick pay (subject to the availability of credits) pending determination of the claim. On acceptance of a claim, sick leave used under this clause for the claim will be re-credited.
34 FATIGUE MANAGEMENT
The Company agrees to develop practices and working arrangements that take into consideration the nature of the relevant working environment, e.g. rail. In respect to fatigue management, rosters, additional hours and work will all be monitored to ensure Employees do not place themselves at an unacceptable level of risk.
In return , Employees agree to present for work in a safe manner without undue impairment caused by fatigue or external activities likely to cause fatigue.
All parties to this Agreement have a shared responsibility in ensuring fatigue related risk is minimised.
35 TRANSMISSION/ TRANSFER OF BUSINESS
In the event of the Company selling, transmitting, assigning or otherwise transferring (as defined in Part 2-8 of the Fair Work Act 2009) the whole or part of the business in which Employees covered by this Agreement are employed, and in the event of Employees being offered employment in that business by a new employer upon the terms and conditions of employment of this Agreement with continuity of entitlements and at the same location, then the Company will not be liable for payment of any notice amounts or redundancy or severance payments in respect of the termination of employment of such Employees arising from the transmission/transfer.
36 CONTINUITY OF SERVICE
As a consequence of any functions or activities being performed by the Company or its successors, assignees or transmittees, Employees who continue their employment with the Company or their successor, assignee or transmittee shall have their service with the
41
Company, including service recognised by a previous employer, will count for all purposes with the new employer (including salary progressions where applicable, the maintenance of all accrued entitlements including pro rata accruals with the Company transferring with the Employee. This includes sick leave, annual leave, annual leave loading, long service leave, rostered days off or their equivalent, time off in lieu owing, public holidays, and any other accrued entitlements) and for the purposes of calculating any redundancy payments.
37 EXTRA CLAIMS
It is agreed that the payments contained in this Agreement, provide a complete and final resolution of all claims relating to terms and conditions of employment for all Employees employed under its terms during its duration.
It is a condition that the Employees and the Union will not pursue any extra claims relating to wages, conditions of employment, or any other matters relating to the employment relationship , award or non-award, whether dealt with in th is Agreement or not.
38 INDIVIDUAL FLEXIBILITY ARRANGEMENT
(1) The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the agreement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) hours of work; and (vi) leave loading.
(b) the arrangement meets the genuine needs of the Company and Employee in relation to one (1) or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the Company and Employee.
(2) The Company must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 ; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
42
(3) The Company must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Company and Employee; and
(c) is signed by the Company and Employee and if the Employee is under eighteen (18) years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
( 4) The Company must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to.
(5) The Company or Employee may terminate the individual flexibility arrangement:
by giving no more than twenty eight (28) days written notice to the other party to the arrangement.
39 RIGHTS OF UNION DELEGATES
Union delegates will have the ability to use company facilities such as office phone and computer to communicate with members. Delegates are also in a position to communicate with members via the staff noticeboards.
Time off with pay will also be granted for up to 5 days per calendar year, when agreed by the union and direct manager for delegates to perform union duties or participate in training.
43
41 SIGNATORIES
Signed for and on behalf of:
Sunstone Resources 75 Bakehouse Road, Kensington VIC 3031
Name : ff.I!i
Witness:
Name : __ tv\_,_u_~----~-..:___::=-=-~'::__ __ Title : __________ _
Dated: _ ____,, i'---+-l-l,--4'-~---=l ~:.___ __
The Australian Rail, Tram and Bus Industry Union Level 2, 365 Queen Street, Melbourne VIC 3000
Name~~ .Jb-e·5·j..J
re)
Witness:
Name : (1fCu1} {Jati1Y.Jrj1.J
Dated: I~ lotJ/2o r3.
Title : --~-f!..-~_C_H __ ~_/ L_Ki:_ f _rt_f-___.lj
Title : D;'IISicM.I O?JtVYJ W
44
ATTACHMENT A
ALLOWANCE RATES
Commencement Rates
Overtime Meal $12.37
Daily Travel
0-50kms $24.38
50-100kms $33.86
Over 100kms $67 .71
First Aid $11.88
45
ATTACHMENT 8
NON-CONSTRUCTION SAFEWORKING
CLASSIFICATION AND PAY RATES
Classifications
Financial Year
Way Gang Protector [Level 2]
TFP-L
TFP-H
Way Gang Protection Co-ordinator I Signalman (Level 3)
TFPC -1
TFPC -2
TFPC-3
TV0-1 PTF PTW Competent Employee (Level 5)
Current (Inclusive of 25% Casual
Loading)
FY13
30.20
30.20
36.14
37.14
39.00
39.00 36.14 40.00
50.00
Commencement Rates: Casual rate (inclusive of 25% casual loading) payable on the
first full pay period on or after 30 June
2013
FY14
31 .71
31 .71
37.95
39.00
40.95
40.95 37.95 42.00
52.50
Commencement Rates: Casual
rate (inclusive of 25% casual
loading) payable on the first full
pay period on or after 30 June
2014 FY14
33.30
33.30
39.85
40.95
43.00
43.00 39.85 44.10
55.13
46
ATTACHMENT B (cont)
NON-CONSTRUCTION TRACK MAINTENANCE
CLASSIFICATION AND PAY RATES
Commencement Commencement Rates: Casual
Current Rates: Casual rate rate (inclusive of (Inclusive (inclusive of 25% 25%casual Classifications Track
of25% casual loading) loading) payable
Maintenance payable on the Casual first full pay period on the first full
loading) on or after 1 pay period on or
January 2014 after after 1 January 2015
Calender Year 2013 2014 2015 Way Maintainer Less than 3 months experience 22.61 23.75 24.94 PCW1
Way Maintainer PCW1 23.93 25.12 26.38
Backhoe Operator/Front 29.53 30.90 32.45 End Loader Operator
Way Gang Bus Driver 25.84 27.13 28.49 Way Gang Driver 24.79 26.03 27.33 Truck Driver 8 to 16 tonne 25.84 27.13 28.49 Truck Driver over 16
25.84 27.13 28.49 tonne Welders Offside (Level 1
25.84 27.13 28.49 Ticket) Thermit Welder PCW3
31 .29 32.85 34.49
Welder Thermit Leading 33.32 34.98 36.73 Hand
Welder Thermit 35.60 37.38 39.25 Supervisor
Ganger 31.29 32.86 34.50 Special Ganger 34.45 36.18 37.99 Rigger 29.53 30.90 32.45
47
ATTACHMENT C
CONSTRUCTION - SAFEWORKING
CLASSIFICATION AND PAY RATES
Commencement Current Rates: Casual rate
(Inclusive (inclusive of 25%
Classifications of25% casual loading)
Casual payable on the
first full pay period Loading) on or after 30 June
2013
Way Gang Protector [Level2]
TFP-L 36.90 38.74
TFP-H 36.90 38.74
Way Gang Protection Co-ordinator I Signalman [Level 3]
TFPC -1 40.32 42.32
TFPC -2 41.32 43.39
TFPC- 3 44.16 46.37
Welder Thermit Leading 36.90 38.74
Hand Leading Hand 36.90 38.74 Ganger 33.21 34.87 Special Gang_er 35.94 37.74 TV0-1 44.16 46.37 PTF 40.32 42.34 PTW 45.00 47.24 Competent Employee
55.00 57.75 (Level 5)
Commencement Rates: Casual
rate (inclusive of 25%casual
loading) payable on the first full
pay period on or after 30 June
2014
40.68
40.68
44.44
45.56
48.69
40.68
40.68 36.61 39.63 48.69 44.46 49.60
60.64
48
ATTACHMENT C (cont)
CONSTRUCTION -TRACK MAINTENANCE
CLASSIFICATION AND PAY RATES
Commencement Commencement Rates: Casual
Current Rates : Casual rate rate (inclusive of (Inclusive (inclusive of 25%
25%casual Classifications of25%
casual loading) loading) payable Casual
payable on the on the first full first full pay period Loading) on or after 1 pay period on or
January 2014 after 1 January
2015 Calender year 2013 2014 2015 Way Maintainer PCW1 32.29 33.90 35.60 Backhoe Operator/Front
33.40 35.08 36.86 End loader Operator Way Gang Bus Driver 32.07 33.67 35.53 Way Gang Driver 32.07 33.67 35.53 Truck Driver 8 to 16 tonne 33.40 35.08 36.83 Truck Driver over 16
33.40 35.08 36.83 tonne Welders Offside PCW1 32.29 33.90 35.60 Thermit Welder PCW3 33.40 35.08 36.83 Welder Thermit
40.35 41.40 43.47 Supervisor Rigger 32.29 33.90 35.60
49
DEFINITIONS
Way Maintainer
Way Gang Protector
Way Gang Protection Co-ordinator I Signalman
A labourer who can competently use non self-propelled track machinery and hand tools including dog pullers, wood borers, dog knockers, demolition saws, rail drills, sledgehammer etc.
An employee who has successfully passed Level 2 Safeworking Training and is used as a Flagman on the train network
TP- L (Lookout) - Allows the holder to perform lookout duties under supervision of a Track Force Protection Coordinator
TP-H (Hand signaller) - Allows the holder to perform Hand signalling and Lookout duties under supervision of a Track Force Protection Coordinator.
TFPC -1 (Lookout) - Allows the holder to place lookout protection and receive 'Permit to Foul '
TFPC - 2 (Track Force Protection) - Allows the holder to place Hand signallers to protect worksite, manage minor Absolute Occupations (APL T-BFT) and receive a 'Permit to Foul '
TFPC -2 (Absolute Occupations)- Allows the holder to place Hand signallers, all safe working measures implemented for the protection of work parties and manage major Absolute Occupations: this includes the issue and management of the 'Permit to Foul' system.
Forklift Operator An employee who is appropriately licensed and can competently operate a forklift up to and including 10 tonne
TRMO C3 An employee who can competently operate small self-propelled track machinery including extractors, inserters, scarifiers, rail lifters etc.
Truck I Bus Driver An employee who is appropriately license to drive vehicles up to and including Heavy Combination trucks and heavy buses
Backhoe/Front End Loader An employee who is licensed to operate all types of backhoes and front-end loaders. Operators This classification may also include people who operate forklifts above 10 tonne
Welders Offsider An employee who assists a qualified !hermit or butane welder. This classification may also include an employee who cuts rail with Oxy-Acetylene or grind welds
TRMO C4 An employee who is appropriately qualified and competent to operate large machinery including Regulators and Tampers
Permit to Work ( PTW) Allows the holder the Authorisation permitting work to be carried out in the vicinity of, but not in contact with high voltage apparatus which has been isolated, earthed and short circuited. (PTW is a certificate issued by the Authorised Electrical Operator after he has made the wiring safe to approach).
Track Vehicle Operator (TVO) Allows the holder to operate Hi Rail vehicle inside an Occupation or under Full Track Protection
50
JANUARY S:.!! \ 'c"' --';.le We:! ~~·
1 2 3
"" ,._ ....
6 7 8 • hi ~ IJ. ~ Rlr.l
13 14 15 to 11
2'3 21 22 23 2l.
27 28 l'; 3) Jl !'II liOO
APRIL s.· V.o' T11e We:! T~J . 2 J 4
~ ~ IIX """ •' a 9 10 11
ll. 15 tc 17 18
21 22 23 24 25
·~ 23 2; 3~
JULY ~ .. - 1.'01 TJa We1 Tii J
1 2 3 L
8 ~ tO ~ 1 'I»
<l. 15 , ,; !7 18
21 22 23 24 ~c ~~
•x 28 29 JO 3t
OCTOBER SJ~ \}a"' r,e We:! -..
• 2 3
c . 8 ~ lfJ
~ 3 1~ I ~ 5 tc 17 «lll
20 21 22 23 ll.
27 28 2~ 30 31
Wed~e~·1 -1;,111.?\' Xllo'; "-i Tn~!ida,·2 .!a~W.Y20tb~ friday3 :1a~JJ~· 201~ =A;. \Co~day6,1a~aJ! t. = ~
Tuesda) 7JlftJ'l")'Xl14=.1\:.. \'led~esda)· a .larla'J' 2W· = 'l.Xl T~utsda~· 9 Ja!'W~· 20t 4 = !<.::0 ::,,da)' I 0 .Ia!! .Ia')' Xl14 = 'DO
=· S•l ~ 5
"' 11 12 ~!10
1~ t ;
25 26
.. Sat 5 5 AI
~2 13
~~ 2•)
15 27
+l -· s~t
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11 ~~
n 2C
:~ 27
=· Sat
4 .s
t1 ~ 2
18 •' .. 25 2;;
ATTACHMENT D
WORKING DAY CALENDAR 2013
FEBRUARY
SJ' Vo~ T';le 1'/e:! T1~ ::, Sal 1 2
J 4 5 c .. 8 g
10 11 12 13 1l. t < ·-:: ~
17 18 l'i 2•J 21 22 23
24 2~ 2c r 28 1'.:10
!JAY SJ1 Vc1 Tw~ \'led T~" :!' Sal
I l 3 L
5 c 7 8 g 1•) 11 ~.»
12 13 1' 15 1c 17 •a
t; 2•J 2• 22 23 2l. 25
2r3 27 28 29 3•) 31 <100
AUGU5T S.r"' "/IJ"'' TJ>: \'led T1J =, S.;t
~ 2 3
' ~ 6 .. 8 ~ !0 t'Xl
II ' 2 13 1' 15 •c '7
18 ~~ 20 21 22 23 2l.
'lliO
25 2~ 27 28 29 3') 31
0
NOVE JABER S J 1 \1.;11 TJ~ Wed T~• =? Sal
1 2
3 ~ 5 c .. 8 ~ l!ll:l ~ri 9.X
11~ 11 12 ~3 1~ 15 ~~
1~ !S E 2~ 21 22 ~3 3!J)Co
~~. 23 2~ 27 28 2'; 3•)
!.lARCH S:~, V,;1 TJE ~led T>~J
31
3 l. 5 6 7
10 !I 12 13 1l. ,~ UC>
11 !8 19 2·) 21
2'- 25 26 27 28
JUNE s ... ).~c., r .. e Wed T•• I Jl)
2 3 .!. 5 ~
9 10 H 12 13
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53
ATTACHMENT E
Notification pursuant to clause 18.4.5(2) to Work on Scheduled ROO
Drue: __________________________ __
Company: Project: Scheduled ROO to be worked: I
Work to be undertaken, approximate number of employees required:
Employee representative (if applicable):
Tick the appropriate box
D Effected employeels consulted by employer.
D Effected employee/s not wishing to work in accordance with the clause t@:t..~ been given opportunity to reasonably refuse.
D Effected employee/s informed that if they have a concern about working the
scheduled R DO they can raise the matter with their employee representative
Reason for work on scheduled ROO
(Abbreviation, full text in clause)
D Allow others to work productively
D Maintenance, repair, commissioning
D Unforseen delays
D Unforseen emergency circumstance
0 Inclement weather
0 Unexpected delays, scheduling, supplies
0 Restrictions, laws, regulations, etc
Manager Contact Details:
Name:
Phone: Fax:
54
ATTACHMENT F
RRL SITE/PROJECT ALLOWANCE
Package A - Holland/Geotech =A site allowance of $3.60 will be paid for each hour worked.
This site allowance shall be adjusted by the CPI (All Groups Melbourne), effective from 1 October 2012 and for each year thereafter according to the above CPI movement for the preceding period July to June in each year.
The allowance shall be adjusted to the nearest 5 cents.
Any dispute over this allowance shall be resolved pursuant to the Disputes Resolution Procedure of this Agreement
Package B- A site allowance of $4.50 will be paid for each hour worked.
This site allowance shall be adjusted by the CPI (All Groups Melbourne), effective from 1 October 2012 and for each year thereafter according to the above CPI movement for the preceding period July to June in each year.
The allowance shall be adjusted to the nearest 5 cents.
Any dispute over this allowance shall be resolved pursuant to the Disputes Resolution Procedure of this Agreement
In addition there will be an Allowance of $1 per hour for anytime an employee works adjacent to a live rail line.
Package C- At the Commencement of the Agreement= $5.90 15t July 2012 = $6.20 1st July 2013 = $6.50 1st July 2014 = $6.83 1st July 2015 = $7.17
This is the Thiess/ AWU agreement and has provisos- see attached.
Package D - Not awarded as yet.
Package E - Baulderstone/Leighton = $4.50 per hour (flat rate). This site allowance shall be adjusted by the CPI (All Groups Melbourne), effective from 1 October 2012 and for each year thereafter according to the above CPI movement for the preceding period July to June in each year.
The allowance shall be adjusted to the nearest 5 cents
Any dispute over this allowance shall be resolved pursuant to the Disputes Resolution Procedure of this Agreement
Package F - Not awarded as yet. 55
Undertaking - Sunstone Resources and Rail Tram and Bus Union Enterprise Agreement 2013-2015
In accordance with section 190 of the Fair Work Act 2009 (Cth) (the FW Act), Sunstone
Resources Pty Ltd undertakes that clause 28.2 of the Sunstone Resources and Rail Tram
and Bus Union Enterprise Agreement 2013-2015 will be applied consistent with s.87(2) of
the Fair Work Act 2009
Signed for and on behalf of Sunstone Resources Pty ltd by its authorised rep ntative
in the presence of
print name } C!. , ~ H t.t. 1) ( ,_e "5:>
page 1