INTEGRAL ENERGY CONDITIONS OF EMPLOYMENT AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Integral Energy Australia

 

(No. IRC 1130 of 2003)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         Application and Operation of the Award

1.1        Objects of the Award

1.2        Term of the Award

1.3        Coverage of the Award

1.3.1     Parties to the Award

1.3.2     Award Application

1.3.3     Contract Positions

1.3.4     Contract of Employment

1.4        Commitments of the Parties

1.5        Relationship with other Instruments

1.6        Definitions

1.6.1     Ordinary Week’s Pay

1.6.2     Act

1.7        Competency Classification Structure

1.8        Consultation for Next Award

2.         Consultation and Communication

2.1        Consultative Committee Formation  

2.2        Consultative Committee Objectives

3.         Contract of Employment

3.1        Duties of Integral Energy

3.2        Duties of Employees

3.3        Obligation to use Skills

3.4        Categories of Working Environment

3.5        Categories of Employment

3.5.1     Part Time Employees

3.5.2     Casual Employees

3.6        Pay Points

3.7        Apprentices and Trainees

3.7.1     Conditions of Employment Generally

3.7.2     Traineeships

3.8        Equal Employment Opportunity

3.9        Anti-Discrimination

3.10      Payment of Termination Pay to Next of Kin

3.11      Termination of Employment

3.11.1   Notice of Termination

3.11.2   Types of Termination of Employment

3.11.3   Redundancy

3.11.4   Abandonment of Employment

3.12      Safety Clothing and/or Equipment

3.13      Probationary Periods

3.14      Protection of Rate of Pay

3.15      Working Reasonable Overtime

3.16      Deductions from Wages

3.17      Calculation of Service

4.         Enterprise Flexibility

4.1        Object of the Clause

4.2        Employees Not Disadvantaged

4.3        Workplace Arrangements Will Continue

4.4        Basis of Reaching Agreement

4.4.1     Development of the Arrangement

4.4.2     Negotiating the Arrangement

4.4.3     Voting on the Arrangement

4.4.4     Content of Arrangement

4.4.5     Employees get a Copy

4.4.6     Formalising Arrangement

4.5        Force of the Arrangements

4.6        Disputes

5.         Hours of Work

5.1        Ordinary Hours

5.2        Starting and Finishing Times

5.3        Rostering of Ordinary Working Hours

6.         Penalty Rates

Overtime

6.1.1     Overtime Penalties

6.1.2     Meal Breaks and Allowances on Overtime

6.1.3     Time Off in Lieu of Overtime Worked

6.2        Shift Work

6.2.1     Definitions

6.2.2     Shift Allowance

6.2.3     Saturday, Sunday and Public Holiday Rates

6.2.4     Situations Attracting Overtime

6.2.5     Situations not Attracting Overtime

6.3        On Call and Stand By

6.3.1     After Hours Emergency and/or Breakdown Service

6.3.2     Obligations of Employees

6.3.3     On Call and Stand By Employees

7.         Transfer of Headquarters

7.1        Normal Journey

7.2        Permanent or Temporary Transfer

8.         Leave

8.1        Basis of Accruing Leave

8.2        Basis of Taking Leave

8.3        Public Holidays

8.3.1     Entitlement to Public Holidays

8.3.2     Alternate Religious Beliefs

8.3.3     Non Payment of Public Holidays

8.4        Annual Leave

8.4.1     Quantum and Loading

8.4.2     Taking Annual Leave

8.4.3     Payment on Termination

8.5        Long Service Leave

8.5.1     Quantum

8.5.2     Taking Long Service Leave

8.5.3     Payment On Termination

8.5.4     Recognition of Service for Long Service Leave

8.6        Bereavement Leave

8.7        Jury Service

8.8        Parental Leave

8.8.1     Entitlement

8.8.2     Maternity Leave

8.8.3     Paternity Leave

8.8.4     Adoption Leave

8.8.5     Limitations

9.         Absence Benefits Scheme

9.1        Purpose for Sick Leave

9.2        Sick Leave Granted

9.3        Sick Leave not Granted

9.4        Sick Leave and Public Holidays

9.5        Infectious Diseases

9.6        Sick Leave Forms

9.7        Re-Crediting of Annual Leave and Long Service Leave

9.8        Medical Certificates and Statutory Declarations

9.9        Notification

10.       Family / Carers Leave

10.1      Use of Sick Leave

10.2      Unpaid Leave for Family Purpose

10.3      Annual Leave

10.4      Time Off in Lieu of Payment for Overtime

10.5      Make-Up Time

10.6      Rostered Days Off

11.       Work Related Accident

11.1      Evaluation of a Claim

11.2      A Denied Claim

11.3      Accident Pay

12.       Temporary Reclassification

13.       Disputes

13.1      Objectives

13.2      Three Tiered System

13.3      Responsibilities of those involved in Resolving the Dispute

14.       Company Product

15.       Union Delegates Rights

16.       Relationship to Previous Awards

17.       Leave Reserved

 

Appendix A - Common Pay Points

Appendix B - Allowances

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

 

1.         Long Service Leave

2.         Experience / Maturing Allowance

2.1        Quantum

2.2        Eligibility

2.3        Service Recognised

3.         Award Special Leave

4.         Sick Leave (Pre 15 February 1993)

 

1.  Application and Operation of the Award

 

1.1        Objects of the Award

 

The objects of the award are:

 

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

 

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

 

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

 

1.2        Term of the Award

 

The award shall operate from 6 January 2003 to 24 December 2004 inclusive.

 

1.3        Coverage of the Award

 

1.3.1     Parties to the award

 

Integral Energy Australia;

 

Electrical Trades Union of Australia, New South Wales Branch;

 

Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division;

 

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

 

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

 

The Australian Workers' Union , New South Wales; and

 

Australian Services Union of N.S.W.

 

("Collectively, Unions.")

 

1.3.2     Award Application

 

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

 

1.3.3     Contract Positions

 

An employee who has been offered and has accepted a fixed term employment contract will be employed in a contract position.

 

1.3.4     Contract of Employment

 

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

 

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

 

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

 

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

 

1.4        Commitments of the Parties

 

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

 

the Objects of this Award; and

 

the Strategic and Business Plans of Integral Energy.

 

1.5        Relationship with other Instruments

 

This award should be read in conjunction with:

 

Enterprise Agreements; and

 

Workplace Arrangements.

 

1.6        Definitions

 

1.6.1     Ordinary Week’s Pay

 

An employee's ordinary week's pay is their rate of pay for their ordinary hours of work plus any allowances which are paid on a normal weekly basis.

 

1.6.2     Act

 

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

 

1.7        Competency Classification Structure

 

The parties agree to support and facilitate the development and implementation of a single competency based classification and progression structure acceptable to both parties during the term of this award.

 

Integral Energy is committed to providing training to enable employees to perform their roles competently.

 

1.8        Consultation for next Award

 

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

 

2.  Consultation and Communication

 

2.1        Consultative Committee Formation

 

Integral Energy will form Consultative Committees from time to time consisting of representatives of Integral employees, the Unions and Integral Energy management.

 

2.2        Consultative Committee Objectives

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

 

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

 

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

 

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

 

to facilitate the exchange of views between employees and management.

 

3.  Contract of Employment

 

3.1        Duties of Integral Energy

 

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

 

to provide work;

 

to pay for the work performed; and

 

to provide a safe working environment.

 

3.2        Duties of Employees

 

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

 

to work in a skilful and competent manner;

 

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

 

to provide faithful service;

 

to obey lawful commands;

 

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

 

to respect and maintain the confidentiality of certain information;

 

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

 

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

 

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

 

3.3        Obligation to Use Skills

 

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

 

3.4        Categories of Working Environment

 

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

 

 

3.5        Categories of Employment

 

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

 

3.5.1     Part Time Employees

 

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

 

Where the additional hours exceed the equivalent full time hours the employee will be paid the relevant overtime rate.

 

3.5.2     Casual Employees

 

A casual employee who works hours in excess of the normal full time hours shall be paid overtime rates for those additional hours. These overtime rates shall be in lieu of the casual employee loading.

 

3.6        Pay Points

 

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

 

3.6.2     The rates of pay contained in Appendix A of this Award include the adjustments payable under the State Wage Cases of 2001 and 2002. These adjustments may be offset against:

 

(a)        any equivalent overaward payments; and/or

 

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

 

3.7        Apprentices and Trainees

 

3.7.1     Conditions of Employment Generally

 

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

 

3.7.2     Traineeships

 

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

 

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

 

3.8        Equal Employment Opportunity

 

Integral Energy is an Equal Opportunity Employer.

 

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

 

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

 

3.9        Anti-Discrimination

 

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

 

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

 

3.9.3     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make, or has been involved in, a complaint of unlawful discrimination or harassment.

 

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

 

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

 

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

 

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

 

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

 

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

NOTES -

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

 

3.10      Payment of Termination Pay to Next of Kin

 

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

 

3.11      Termination of Employment

 

3.11.1               Notice of Termination

 

By the Employee:

 

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

 

By Integral Energy:

 

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

 

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

 

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

 

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

 

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

 

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

 

3.11.2               Types of Termination of Employment

 

A contract of employment may be terminated as follows:

 

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

 

3.11.3               Redundancy

 

(a)        In addition to the period of notice prescribed for ordinary termination in paragraph 3.11.1 an employee whose employment is terminated by reason of redundancy must be paid as a minimum the following amount of severance pay in respect of a continuous period of service:

 

Period of continuous leave	Under 45 years of age	Over 45 years of age
Less than 1 year	Nil	Nil
1 year and more but less than 2 years	4 weeks' pay	5 weeks' pay
2 years and more but less than 3 years	7 weeks' pay	8.75 weeks' pay
3 years and more but less than 4 years	10 weeks' pay	12.5 weeks' pay
4 years and more but less than 5 years	12 weeks' pay	15 weeks' pay
5 years and more but less than 6 years	14 weeks' pay	17.5 weeks' pay
6 years and more	16 weeks' pay	20 weeks' pay

 

(b)       Week's pay means the ordinary week's pay of the employee.

 

(c)        The parties agree that in the event of forced redundancies, the parties will negotiate the quantum of any redundancy payments.

 

3.11.4               Abandonment of Employment

 

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

 

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

 

3.12      Safety Clothing and/or Equipment

 

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

 

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

 

3.13      Probationary Periods

 

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

 

The probationary period served by employees shall be 3 months from the commencement of employment with Integral Energy.

 

Upon satisfactory completion of the probationary period, the employee shall have his or her appointment confirmed.

 

If an employee does not satisfactorily complete the probationary period their employment may be terminated or the probationary period may be extended for a further 3 months.

 

Probationary periods shall be included as service in the position.

3.14      Protection of Rate of Pay

 

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

 

3.15      Working Reasonable Overtime

 

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

 

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

 

3.16      Deductions from Wages

 

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

 

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

 

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

 

3.17      Calculation of Service

 

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

 

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

 

4.  Enterprise Flexibility

 

4.1        Object of the Clause

 

The clause is intended to facilitate agreements between management at all levels, and their respective staff, with the assistance of their union/s; Enterprise agreements and workplace arrangements can be entered into to establish greater flexibility.

 

4.2        Employees not disadvantaged

 

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

 

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

 

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

 

4.3        Workplace Arrangements will continue

 

Workplace Arrangements which were entered into under the Integral Energy Conditions of Employment Award 1997 will continue in force until replaced by a new Workplace Arrangement made under this award.

 

4.4        Basis of Reaching Agreement

 

4.4.1     Development of the Arrangement

 

Discussions regarding proposals should encompass all relevant details, including:

 

nature of work to be performed;

 

how the work is to be performed;

 

who is to perform the work;

 

when the work is to be done;

 

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

 

the time frame the Workplace Arrangement is to run.

 

4.4.2     Negotiating the Arrangement

 

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

 

4.4.3     Voting on the Arrangement

 

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

 

4.4.4     Content of Arrangement

 

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

 

the nature of the work to be covered by the arrangement;

 

the classification/s to be performing the work;

 

the time frame over which the arrangement is to run;

 

the part of Integral Energy from which the employees come;

 

the basis on which the work is to be performed;

 

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

 

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

 

the award clause/s or provision/s the arrangement overrides; and

 

the details of the meeting which approved the arrangement.

 

4.4.5     Employees get a Copy

 

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

 

4.4.6     Formalising Arrangement

 

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

 

4.5        Force of the Arrangements

 

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

 

4.6        Disputes

 

Disputes arising from the arrangements shall be dealt with under clause 13, Disputes, of this award.

 

5.  Hours of Work

 

5.1        Ordinary Hours

 

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

 

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

 

5.2        Starting and finishing times

 

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

 

5.3        Rostering of Ordinary Working Hours

 

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

 

6.  Penalty Rates

 

6.1        Overtime

 

6.1.1     Overtime Penalties

 

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

 

6.1.2     Meal Breaks and Allowances on Overtime

 

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

 

6.1.3     Time off in lieu of Overtime Worked

 

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

 

6.2        Shift Work

 

6.2.1     Definitions

 

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

 

6.2.2     Shift Allowance

 

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

 

6.2.3     Saturday, Sunday and Public Holiday Rates

 

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

 

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

 

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

 

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

 

6.2.4     Situations Attracting Overtime

 

Situation	Penalty Applicable
Rostered Day Off	All hours at double time.
Recreation Day	The first 2 hours at time and one half and the remaining
	hours at double time.
Other Overtime	Refer subclause 6.1 Overtime, above.

 

6.2.5     Situations not Attracting Overtime

 

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

 

6.3        On Call and Stand By

 

6.3.1     After Hours Emergency and/or Breakdown Service

 

The work performed by employees shall include:

 

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

 

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

 

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

 

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

 

6.3.2     Obligations of Employees

 

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

 

Employees who are on call are not confined to their homes but they must be reasonably available so that they would not be delayed by more than 15 minutes in addition to the time it would normally take to travel from their homes to the place where the work is to be performed. Any delays in excess of 15 minutes will not be paid unless specifically authorised.

 

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

 

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

 

6.3.3     On Call and Stand By Employees

 

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

 

7.  Transfer of Headquarters

 

7.1        Normal Journey

 

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

 

7.2        Permanent or Temporary Transfer

 

Transfer Situation	Provision
Transfer where employee	The excess travel resulting from an employee being transferred will be paid
uses their own vehicle	at the rate of $1.20 per kilometre for a maximum period of 6 months.
	OR
	a negotiated alternative arrangement
Transfer where employee	The excess travel resulting from the employee being transferred will be paid
uses an Integral Energy	at the rate of $1.20 per kilometre (less the Integral Energy rate for private
Vehicle	vehicle) for each kilometre for a maximum period of 6 months
	OR
	a negotiated alternative arrangement

 

8.  Leave

 

8.1        Basis of Accruing Leave

 

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

 

Category Of Employee	Basis Of Accrual
35 hour week Employees	35 hour week ÷ 5 days = 7 hours per day
36 hour week Employees	36 hour week ÷ 5 days = 7.2 hours per day

 

8.2        Basis of Taking Leave

 

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

 

8.3        Public Holidays

 

8.3.1     Entitlement to Public Holidays

 

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

 

New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Union Picnic Day, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day.

 

Union Picnic Day: The Picnic Day shall be a recognised holiday for employees who are members of the Unions party to this award.

 

8.3.2     Alternate Religious Beliefs

 

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

 

8.3.3     Non Payment of Public Holidays

 

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

 

they are absent on the day before and the day after the public holiday or holidays;

 

unless

 

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

 

8.4        Annual Leave

 

8.4.1     Quantum and Loading

 

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

 

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

 

8.4.2     Taking Annual Leave

 

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

 

8.4.3     Payment on Termination

 

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

 

8.5        Long Service Leave

 

8.5.1     Quantum

 

Basis Of Accrual	Quantum
After 10 years	13 weeks (455 hours or 468 hours)
After 15 years	An extra 8½ weeks (297.5 hours or 306 hours)
After 20 years	An extra 13.5 weeks (472.5 hours or 486 hours)
After each additional 5 years	An extra 13 weeks (455 hours or 468 hours)

 

8.5.2     Taking Long Service Leave

 

Situation	Requirement
Taking Long Service Leave	In periods of not less than 4 weeks by mutual agreement
Notification of Taking	Employee: 1 month’s notice
Long Service Leave	Integral Energy: 1 month’s notice
	The amount of notice may be reduced by agreement between the employee
	and his or her manager.

 

8.5.3     Payment on Termination

 

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

 

8.5.4     Recognition of Service for Long Service Leave

 

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

 

8.6        Bereavement Leave

 

8.6.1     An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 8.6.3 below.

 

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

 

8.6.3     Bereavement leave shall be available to an employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in paragraph 10.1.3 provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

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

 

8.7        Jury Service

 

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

 

8.8        Parental Leave

 

8.8.1     Entitlement

 

An employee will be entitled to Parental Leave in accordance with the Industrial Relations Act 1996 (NSW).

 

8.8.2     Maternity Leave

 

After 12 month continuous employment or 24 months regular employment in the case of a casual, a female employee is entitled to an unbroken period of 52 (maximum) weeks of leave, of which 9 weeks (or 18 weeks at half pay) will be paid leave.

 

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

 

8.8.3     Paternity Leave

 

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

 

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

 

8.8.4     Adoption Leave

 

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

 

8.8.5     Limitations

 

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

 

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

 

9.  Absence Benefits Scheme

 

9.1        Purpose for sick leave

 

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

 

9.2        Sick leave granted

 

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

 

9.3        Sick leave not granted

 

Sick leave shall not be granted in the following circumstances:

 

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

 

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

 

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

 

9.4        Sick Leave and Public Holidays

 

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

 

9.5        Infectious Diseases

 

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

 

9.6        Sick Leave Forms

 

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

 

9.7        Re-crediting of Annual Leave and Long Service Leave

 

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

 

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

 

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

 

all requests for leave to be re-credited must be made in writing and sent to the respective Branch Manager.

 

9.8        Medical Certificates and Statutory Declarations

 

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

 

9.9        Notification

 

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

 

10.  Family / Carers Leave

 

10.1      Use of Sick Leave

 

10.1.1               An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 10.1.3 who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 9, Absence Benefits Scheme, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day. Applications for carers leave in excess of 5 days need to be approved by the General Manager Human Resources on a case-by-case basis.

 

10.1.2               The employee shall, if required, establish, either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

10.1.3               The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(b)        the person concerned being:

 

(i)         a spouse of the employee; or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10.1.4               An employee shall, wherever practicable, give Integral Energy notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify Integral Energy by telephone of such absence at the first opportunity on the day of absence.

 

10.2      Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of Integral Energy, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in paragraph 10.1.3 of subclause 10.1 who is ill.

 

10.3      Annual Leave

 

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

 

10.3.2               Access to annual leave, as prescribed in paragraph 10.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

10.3.3               An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

10.4      Time Off in Lieu of Payment for Overtime

 

10.4.1               For the purpose only of providing care and support for a person in accordance with subclause 10.1 of this clause, and despite the provisions of paragraph 6.1.3 of clause 6 the following provisions shall apply:

 

10.4.2               An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

10.4.3               Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

10.4.4               If, having elected to take time as leave in accordance with paragraph 10.4.2 of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

10.4.5               Where no election is made in accordance with the said paragraph 10.4.2, the employee shall be paid overtime rates in accordance with the award.

 

10.5      Make-up Time

 

10.5.1               An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

10.5.2               An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

 

10.6      Rostered Days Off -

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

11.  Work Related Accident

 

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

 

11.1      Evaluation of a Claim

 

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

 

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

 

11.2      A Denied Claim

 

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

 

11.3      Accident Pay

 

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

 

12.  Temporary Reclassification

 

Temporary reclassification of employees will be on the following basis:

 

Situation	Requirement or Entitlement
Access to temporary	The manager must require the position to be filled and the employee
reclassification	carries out the full duties of the position.
Period of reclassification and
payment:
Minimum rate to be paid	The minimum rate applicable to the higher position
Minimum period	1 day or shift
Maximum period	3 months
	unless:
	The position is advertised to be filled permanently; or
	the normal incumbent is on long service leave or is working on a project.
Payment on holidays	Public Holidays: Higher rate is payable
	Annual Leave: Only payable where employee is acting for 3 months or
	More
Gaining competencies in higher	Payment at a higher level than the base acting position will depend on
position	the relevant competencies acquired by the employees and used in the
	higher grade position.

 

13.  Disputes

 

13.1      Objectives

 

The objective of the dispute resolution procedure is to ensure:

 

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

 

employees address the issue with their supervisor first;

 

the dispute remains in the part of the organisation concerned without interference from employees not involved; and

 

that normal work continues during the resolution process.

 

13.2      Three Tiered System

 

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

 

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

 

13.3      Responsibilities of those Involved in Resolving the Dispute

 

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

 

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

 

to have an appreciation of each other’s needs;

 

to approach discussions and negotiations in good faith;

 

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

 

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

 

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

 

14.  Company Product

 

Integral Energy employees can salary sacrifice up to $666.00 of company product per fringe benefits tax year, subject to Australia Tax Office guidelines. Integral Energy will waive the requirement for an electricity bond for all permanent employees.

 

15.  Union Delegates Rights

 

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

 

Union Delegates at Integral Energy shall have the right to:

 

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

 

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

 

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

 

Have protection from victimisation.

 

Have access to a telephone, computer and intranet, to have within their work proximity suitable cupboards and furniture to enable them to keep records, Union circulars, receipt books, etc so as to efficiently carry out the Union responsibilities.

 

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

 

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

 

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

 

16.  Relationship to Previous Awards

 

This award rescinds and replaces the Integral Energy Conditions of Employment Award 2001, published 15 February 2002 (331 I.G. 325).

 

17.  Leave Reserved

 

The parties agree to enter into discussion on relation to Maternity Leave provisions if Federal Government initiatives flow into State Awards.

 

Appendix A

 

Common Pay Points

 

	After 3% as at 28 December 2002		After 2% as at 24 May 2003
Class	Weekly Rate	Annual Rate	Weekly Rate	Annual Rate
	$	$	$	$
1	340.40	17,759	347.20	18,114
2	390.30	20,360	398.10	20,767
3	393.30	20,516	401.10	20,926
4	460.00	23,998	469.20	24,477
5	485.20	25,314	494.90	25,820
6	492.30	25,685	502.20	26,198
7	557.00	29,060	568.20	29,641
8	560.20	29,226	571.40	29,810
9	564.70	29,458	575.90	30,047
10	612.40	31,950	624.70	32,589
11	628.90	32,810	641.50	33,466
12	639.50	33,363	652.30	34,031
13	643.00	33,547	655.90	34,218
14	655.00	34,170	668.10	34,853
15	662.90	34,584	676.20	35,276
16	676.10	35,271	689.60	35,976
17	680.10	35,481	693.70	36,191
18	697.10	36,368	711.10	37,095
19	699.00	36,465	712.90	37,194
20	718.30	37,474	732.70	38,223
21	720.00	37,561	734.40	38,312
22	722.90	37,711	737.30	38,465
23	739.50	38,581	754.30	39,353
24	748.80	39,065	763.80	39,847
25	752.40	39,253	767.50	40,038
26	761.70	39,737	776.90	40,532
27	769.00	40,118	784.40	40,920
28	772.70	40,312	788.20	41,118
29	783.10	40,855	798.80	41,672
30	796.70	41,563	812.60	42,394
31	804.00	41,945	820.10	42,784
32	808.70	42,187	824.80	43,031
33	811.90	42,353	828.10	43,200
34	814.40	42,488	830.70	43,338
35	820.00	42,779	836.40	43,634
36	824.90	43,036	841.40	43,897
37	832.50	43,428	849.10	44,297
38	839.60	43,799	856.40	44,675
39	846.70	44,170	863.60	45,053
40	853.70	44,535	870.70	45,425
41	855.80	44,648	872.90	45,541
42	864.90	45,121	882.20	46,023
43	867.20	45,239	884.50	46,144
44	873.80	45,583	891.20	46,495
45	882.50	46,040	900.20	46,960
46	888.70	46,362	906.50	47,289
47	890.40	46,454	908.20	47,383
48	895.90	46,738	913.80	47,673
49	899.30	46,916	917.30	47,854
50	899.70	46,937	917.70	47,875
51	909.20	47,431	927.40	48,380
52	910.60	47,506	928.80	48,456
53	917.40	47,862	935.80	48,819
54	918.00	47,894	936.40	48,851
55	932.30	48,635	950.90	49,608
56	934.30	48,742	953.00	49,717
57	941.30	49,108	960.10	50,090
58	956.70	49,908	975.80	50,906
59	958.40	50,000	977.60	51,000
60	964.50	50,317	983.80	51,323
61	965.40	50,366	984.70	51,373
62	976.30	50,936	995.90	51,954
63	980.70	51,161	1,000.30	52,184
64	989.60	51,628	1,009.40	52,661
65	1,005.80	52,472	1,025.90	53,521
66	1,012.50	52,821	1,032.70	53,877
67	1,014.80	52,939	1,035.10	53,998
68	1,024.40	53,444	1,044.90	54,513
69	1,027.00	53,579	1,047.60	54,651
70	1,049.70	54,761	1,070.70	55,856
71	1,051.90	54,879	1,073.00	55,977
72	1,053.50	54,959	1,074.60	56,058
73	1,070.80	55,863	1,092.20	56,980
74	1,076.80	56,175	1,098.30	57,298
75	1,095.80	57,169	1,117.70	58,312
76	1,097.80	57,271	1,119.70	58,416
77	1,108.40	57,824	1,130.60	58,980
78	1,120.70	58,469	1,143.20	59,638
79	1,124.10	58,646	1,146.60	59,819
80	1,136.70	59,302	1,159.40	60,488
81	1,146.30	59,801	1,169.20	60,997
82	1,160.80	60,559	1,184.00	61,771
83	1,167.10	60,887	1,190.40	62,105
84	1,194.40	62,310	1,218.30	63,557
85	1,216.00	63,439	1,240.30	64,708

 

	After 5% as at 27 December 2003
Class	Weekly Rate		Annual Rate
	$		$
1	364.60		19,020
2	418.00		21,805
3	421.20		21,973
4	492.70		25,701
5	519.70		27,111
6	527.30		27,508
7	596.60		31,123
8	600.00		31,301
9	604.70		31,549
10	655.90		34,219
11	673.60		35,140
12	684.90		35,732
13	688.70		35,928
14	701.50		36,596
15	710.00		37,039
16	724.10		37,775
17	728.40		38,000
18	746.60		38,950
19	748.60		39,054
20	769.30		40,135
21	771.10		40,227
22	774.20		40,388
23	792.10		41,321
24	802.00		41,839
25	805.80		42,040
26	815.80		42,558
27	823.60		42,966
28	827.60		43,174
29	838.70		43,755
30	853.30		44,514
31	861.10		44,923
32	866.10		45,183
33	869.50		45,360
34	872.20		45,505
35	878.20		45,816
36	883.50		46,092
37	891.60		46,512
38	899.20		46,909
39	906.80		47,306
40	914.30		47,697
41		916.60	47,818
42		926.30	48,324
43		928.70	48,451
44		935.80	48,820
45		945.20	49,308
46		951.80	49,654
47		953.70	49,752
48		959.50	50,056
49		963.10	50,247
50		963.60	50,269
51		973.70	50,799
52		975.30	50,879
53		982.60	51,260
54		983.20	51,294
55		998.40	52,088
56		1,000.70	52,203
57		1,008.20	52,595
58		1,024.60	53,452
59		1,026.50	53,550
60		1,033.00	53,890
61		1,034.00	53,942
62		1,045.70	54,552
63		1,050.30	54,793
64		1,059.90	55,294
65		1,077.20	56,197
66		1,084.40	56,571
67		1,086.80	56,698
68		1,097.20	57,239
69		1,099.90	57,383
70		1,124.20	58,649
71		1,126.60	58,775
72		1,128.30	58,861
73		1,146.80	59,829
74		1,153.20	60,163
75		1,173.60	61,228
76		1,175.70	61,337
77		1,187.10	61,929
78		1,200.30	62,620
79		1,204.00	62,810
80		1,217.40	63,512
81		1,227.70	64,047
82		1,243.20	64,859
83		1,250.00	65,210
84		1,279.20	66,735
85		1,302.40	67,944

 

Appendix B

 

Allowances

 

 

The above allowances will change as a result of across the board wage increases

 

Re-Imbursement Type	Amount	Basis of Payment
Allowance	$
Meal Allowance	12.00	Per meal (to a maximum of 3 meals)
Subsistence Allowances	17.00	Lunch	OR
	28.00	Dinner	Negotiated alternate
	30.00	Overnight stay	arrangement
Casual Car Allowance	0.493 cents	Non rotary engine not exceeding 1600cc, or rotary
Per kilometre where the		engine not exceeding 800cc
employee uses his or her	0.59 cents	Non rotary engine 1601-2600cc, or rotary engine
private vehicle		801-1300cc
	0.60 cents	Non rotary engine 2601cc and above, or rotary
		engine 1300cc and above
Drivers Licence	According to	Paid to employees authorised to drive an Integral
Reimbursement	licence amount as	vehicle for the needs of their job. Pro rata recovery
	varied from time	of the licence payment may be made where the
	to time	employee terminates part way through the period
		of the licence

 

The above reimbursement type allowances will only change as a result of an application to the Industrial Relations Commission of New South Wales.

 

Appendix C

 

BENEFITS OF EMPLOYEES EMPLOYED PRIOR TO 27 JULY 1996

 

1.  Long Service Leave

 

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

 

These accrual rates above now apply to post 1996 employees.

 

2.  Experience / Maturing Allowance

 

2.1        Quantum

 

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

 

2.2        Eligibility

 

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

 

Basis of Eligibility	Description
Retirement	this is where the employee is aged 55 years or older.
Retirement Ill Health	this is where the employee is medically unable to perform the work required of
	their classification.
Death	this is where the employee dies whilst in the employment of Integral Energy.
Redundancy	this is where the employee’s position is made redundant or under an approved
	‘bona fide’ redundancy scheme.

 

2.3        Service Recognised

 

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

 

3.  Award Special Leave

 

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

 

4.  Sick Leave (Pre 15 February 1993)

 

Entitlement	Eligibility To Payment
The employees preserved untaken sick leave as	Resignation
at 15 February 1993	Retirement
	Death
	Redundancy
	On request between the period 16/6/03 to11/7/2003.
	Note: An employee is NOT eligible to payment
	where he or she is dismissed for misconduct

 

 

 

J. P. GRAYSON  D.P.

 

____________________

 

Printed by the authority of the Industrial Registrar.