M5 EAST MOTORWAY CONSENT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Industry Group, New South Wales Branch, an industrial organisation of employers
and a State peak Council for Employers.
(No. IRC 6695 of 2004)
|
Before Commissioner
Ritchie
|
28 January 2005
|
AWARD
PART A
1. Title
This Award shall be known as the M5 East Motorway Consent
Award 2004.
2. Arrangement
Clause No. Subject Matter
PART A - GENERAL
1. Title
2. Arrangement
3. Parties
Bound
4. Date of
Operation
5. Definitions
6. Not to be
used as a Precedent
7. No Extra
Claims
8. Objectives
9. Training
PART B - OCCUPATIONAL
HEALTH & SAFETY
10. Occupational
Health and Safety/Environmental
PART C - TERMS &
CONDITIONS
11. Contract
of Employment
12. Hours of
Work - Guiding Principles
13. Shift Work
14. Overtime
15. Casuals
16. Part-Time
Employees
17. Wage Rates
& Duties
18. Pay Days
19. Paid Meal
Break
20. Rest
Breaks
21. Annual
Leave
22. Sick Leave
23. Long
Service Leave
24. Jury
Service
25. Personal /
Carer’s Leave
26. Bereavement
Leave
27. Public
Holidays
28. No Duress
29. Superannuation
30. Redundancy
31. Probationary
Period
PART D - CONSULTATIVE
MECHANISMS
32. Consultative
Committee
33. Unions
Procedure
34. Disputes
Settlement Procedure
35. Anti-Discrimination
36. Employment
Security
37. Deduction
of Union Membership Fees
3. Parties Bound
This agreement is made between BHEGIS Joint Venture (as
defined and hereafter referred to as the "BHEGIS" or
"employer"), the following union and employees of the employer when
engaged to perform work on the M5 East Motorway (hereinafter referred to as
"The M5 East"):
The Australian Workers Union (Greater New South Wales
Branch) (AWU).
4. Date of Operation
This Agreement shall operate from the 16 November 2004 and
shall expire on 1 October 2007. This
award rescinds and replaces the M5 East Motorway Consent Award 2001 published 6
September 2002 (336 I.G. 105).
5. Definitions
Award
The M5
East Motorway Consent Award 2004.
Casual
Employee
An
Employee hired pursuant to Clause 15. A casual Employee is one who is engaged
on an hourly basis and paid as such. A casual Employee, for working ordinary
time, shall be paid one thirty-eighth of the weekly wage applicable to the
classification level of the individual Employee concerned plus 20%. The loading
constitutes part of the casual Employee’s ordinary time rate.
Client
The
Client is BHBB M5 JV, an unincorporated Joint Venture of which the partners are
Baulderstone Hornibrook Pty Ltd and Bilfinger and Berger Pty Ltd.
Contractor
Contractor
means any company or corporate body that enters into a direct contract with the
Employer to carry out work or to have work performed by a Subcontractor within
the Motorway operational areas.
Emergency
Services
Emergency
services means Fire brigade, Ambulance, NSW Police and SES.
Employee
An
Employee means, unless otherwise stated, a person engaged by the Employer under
the terms of this Award.
Employer
The
Employer is BHEGIS Joint Venture, an unincorporated Joint Venture of which the
partners are EGIS Projects Asia Pacific Pty Ltd and Baulderstone Hornibrook Pty
Ltd.
Day Work
Day Work
means work undertaken between the hours of 0600 and 1800, Monday to Friday that
is not part of a shift roster.
Leave
Without Pay
Leave
Without Pay means any period during which, by prior agreement between the
Employee and employer, an Employee is absent from work without payment of wages
or holiday and/or leave entitlements.
Motorway
Motorway
means the through carriageway from General Holmes Drive, Mascot to King Georges
Road, Beverly Hills including all bridges, ramps, services, equipment,
underpasses and tunnels connected to or forming part of the through
carriageway.
Ordinary
Time Rate
Ordinary
time rate means the weekly wage pursuant to Clause 17 of this Award divided by
38 hours per week. The ordinary time rate may include casual loadings and is
used for the purposes of calculating overtime and shift penalties.
Ordinary
Hours
Ordinary
hours means 38 hours per week, as varied, pursuant to Clause 12 of this Award.
Ordinary rates, ordinary wages, wage rate and ordinary pay shall have
corresponding meanings.
Personal
Protective Equipment (PPE)
Personal
Protective Equipment (PPE) includes any safety equipment, which is required to
be worn by Employees, contractors and visitors to minimize the risk of injury
or illness. This may include but is not limited to hard hats, clothing, hearing
protection, safety glasses, fall protection, eye protection, heat and sunburn
protection.
Public
Holidays
Public
Holidays are those gazetted by the state of New South Wales or other such day as
is generally observed in a locality as a substitute for such holidays.
Union
Union
means the Australian Workers Union (Greater New South Wales Branch) (AWU).
6. Not to Be Used as a Precedent
The parties agree that no attempt will be made to link issues
arising on this Motorway with any other issue outside the Motorway and
similarly, no acceptance of outside issues being developed on this Motorway.
The parties undertake that the terms and conditions
contained in this Agreement will not be used as a basis for, or to progress a
claim against any other business unit or division of Baulderstone Hornibrook
Pty Ltd, EGIS Projects Asia Pacific Pty Ltd or subsidiary in order to obtain
similar arrangements or benefits.
7. No Extra Claims
The parties to this Award undertake that during the period
of operation of this Award there shall be no further wage increase or other
claims sought, or granted, except for those provided under the terms of this
Award.
8. Objectives
The Motorway is a significant NSW Government undertaking to
improve transport facilities for Sydney. The M5 East is of key strategic
importance for environmental planning in NSW and is a critical link in the
completion of the Sydney Orbital Road.
The primary objectives of this Award are:
To establish a best practice organisation with a view of
becoming a leader in motorway operations and maintenance;
Establishing effective consultative processes by maintaining
a high standard of employer/Employee/union communication and consultation
through which all areas of this Agreement may be addressed;
A willingness by Employees to accept total flexibility of
jobs and duties, to ensure unimpeded flexibility and inter-changeability such that
every individual Employee will perform any task that the Employee is competent
to perform provided that such tasks are safe, legal and logical.
Fostering a culture that is committed to operating and
maintaining a public facility with the highest quality;
A commitment to the achievement of excellence in
occupational health and safety;
To adopt a co-operative and non-adversarial approach to all
industrial relations issues;
To ensure that all Employees receive their statutory
entitlements.
The parties to this Award are committed to ensuring that:
The Disputes Setting Procedure provided in Clause 24 of this
Award is strictly adhered to in the avoidance of disputes;
A culture is established that has a real commitment to
operating and maintaining the facility of the highest quality whilst at the
same time achieving safety standards;
Working relationships between Employees, the Union and the
Employer are developed to promote mutual trust, co-operation and open
communication of relevant information and ideas.
9. Training
BHEGIS JV is committed to providing Employees, other support
personnel and subcontractors, as applicable, the knowledge and skills that will
qualify them to competently and efficiently operate and maintain the M5 East
motorway in accordance with the O&M Obligations. The benefits from personal development are greatly enhanced by a
joint commitment from the Employer and each individual Employee embarking upon
a development program.
The M5 East is a newly constructed state of the art motorway
featuring Australia’s longest tunnel. The
training needs of BHEGIS JV, therefore, arise from the need to establish itself
for operations prior to the opening of the motorway, and then to maintain and
continuously improve the capabilities of its personnel and its organisation as
a whole, during the O&M period.
9.1. Assessments
Employees will undergo regular assessments of skills
and knowledge to ensure they are equipped to meet the position requirements.
The assessments may include:
Exercises
Exercises requiring staff to demonstrate the use of
facilities and systems as well as demonstration of procedural knowledge through
tabletop sessions or simulations. The exercises may involve external parties
such as the RTA or Emergency Services and will include emergency scenarios such
as tunnel evacuation, tunnel closure or catastrophic situations.
Performance Review
Managers will review Employees’ performance based on
objectives of BHEGIS as well as position requirements. During the cyclical
review process further occupational training and development programs may be
identified.
On-the-Job Assessments
Staff may be assessed through daily demonstration of
operational competencies, procedural knowledge and business rules applied
during real-life scenarios. Training completed shall also form part of staff
assessment.
Training records, operational competencies, simulation
/ tabletop exercises and procedural knowledge shall be recorded in a central HR
management system database. This is to ensure all personnel have endorsed and
validated records of accumulated skills and knowledge matched to position
requirements.
PART B
OCCUPATIONAL
HEALTH AND SAFETY (OH&S) & ENVIRONMENTAL
10. Occupational
Health and Safety/Environmental
10.1. OH&S
Objectives
The Employer will provide a work environment that is
safe and without risk to the health and safety of Employees, sub-contractors
and visitors. All levels of management and Employees will participate in and
exercise individual responsibility for their own safety and for the safety of
all others in workplaces. An OH&S management system in accordance to AS4801
will be implemented to:
comply, as a minimum standard, with all relevant
statutory obligations;
comply, as a minimum with BHBB contract requirements;
continuously improve Occupational Health and Safety
(OH&S) performance;
provide adequate resources to establish and maintain
safe systems of work; and
provide adequate injury management resources to ensure
a timely and safe return to work.
10.2. Environmental
Objectives
An environmental management plan in accordance with
AS/NZS ISO 14001 may be implemented to:
reduce waste generated by our operation and maintenance
activities;
recycle materials and conserve natural resources where
practical;
promote environmental awareness among our Employees and
the community to conserve and protect environmentally sensitive areas;
achieve continuous improvement by regularly evaluating
and reviewing the environmental management program.
10.3. Compliance with
Policies and Procedures
The Employer may issue OH&S/Environmental policies
and procedures designed to increase safe working practices and conditions,
after consultation with Health and Safety Representatives. It is an express
condition of employment of all Employees covered by this Award that such
policies and procedures will be strictly observed. It is recognised by the parties to this Award that failure to
observe specific policies may be grounds for dismissal.
10.4. Personal
Protective Equipment (PPE)/Clothing
BHEGIS Management has an obligation of care under
legislation to ensure that:
appropriate PPE is provided as necessary; and
personnel are trained in its use, care and maintenance.
It is a condition of employment that PPE is worn in hazardous
work environments where other means cannot eliminate the hazard. Employees
shall be trained in the correct use, storage and maintenance required for PPE.
It shall be the responsibility of each Employee to ensure that PPE is used,
kept clean and in good working order.
The following PPE shall be worn at all times except
when in the MCC:
Approved reflective traffic vests
Safety footwear (i.e. steel toe caps) and
Sleeved, collared shirts and long pants (singlets and
working without a shirt is prohibited).
10.5. Medical
Examination
The Employer shall require all new Employees to undergo
a full medical examination and in such case offers of employment shall be
subject to the Employee passing that medical examination satisfactorily.
Ongoing medical assessments (in relation to matters dealing with employment on
the M5 East Motorway) and Employee monitoring shall also be undertaken in
accordance to regulations and legislative requirements.
All reasonable efforts will be made to ensure that
these medical examinations will be carried out during normal working hours on
the following basis:
All costs of medical checks will be borne by the
employer
The employer will maintain records of the medical
checks
The medical records shall be made available to the
Employee concerned
A copy of the medical record is to be forwarded to the
Employee’s treating doctor on request and
In all other circumstances information contained in the
medical records is to remain confidential.
If, after all reasonable efforts have been made to have
such medical examinations conducted during normal working hours, the employee
is still required to attend such medical examination at a time in excess of
ordinary hours a maximum payment of 4 hours (four hours) at the overtime rate
of pay for such attendance will be made.
For the purposes of this Clause medical examinations
will be conducted by the doctor nominated by the Employer, or following
consultation with the Employer by a doctor suitably experienced and qualified
to deal with the medical issues arising out of employment on the M5 East
Motorway.
10.6. First Aid
Allowance
An Employee who has a current senior first aid
certificate shall be entitled to an allowance of $0.25 per ordinary hour
worked, and this allowance shall not attract any penalty or premium.
PART C
TERMS AND
CONDITIONS
11. Contract of
Employment
11.1. Termination of
Employment
Each Employee shall be employed on either a full-time,
part-time or casual basis under one of the following classifications:
Motorway Patroller
Electrical Technician
Full-time and part-time Employees will be given a
minimum period of notice for termination as specified in the Workplace
Relations Act 1996.
The Employer may terminate an Employee’s employment
without notice for serious and wilful misconduct. In such circumstances wages
shall only be paid up to the time of dismissal.
The employer may deduct payment for any shift or part
thereof where an Employee is absent from duty without reasonable cause.
12. Hours of Work -
Guiding Principles
The following provisions are the guiding principles
reflecting the intent of the ordinary span of hours:
The actual hours of work will be structured in a manner designed
to achieve maximum continuity of operations without disruption to work flow;
The daily ordinary hours of work shall not exceed 12 hours
on any day. However, the daily ordinary
hours of work may be altered from time to time but any changes to the roster
will be notified to the relevant Employees at least 7 days in advance;
Employees shall be available to work for all shifts, which
they are rostered to work, and shall perform all necessary duties in each
shift.
12.1. Hours of Work - Day Work
The ordinary hours of work for day workers shall be an
average of 38 hours per week averaged over a maximum of 6 week roster cycle to
be worked Monday to Friday between the hours of 0600 and 1800.
12.2. Hours of Work - Shift Work
The ordinary hours of work for shift workers shall be
an average of 38 hours per week, averaged over a maximum of a 6 week roster
cycle. Shift workers will be required to work regularly on Saturdays, Sundays
and Public Holidays to cover all operations of the M5 East motorway twenty four
hours per day, seven days per week, fifty two weeks per year.
13. Shift Work
13.1. Definitions
Night
shift means any part of an ordinary time shift which is worked during the
period after 1800 and before 0600 on any weekday, excluding public holidays.\
Saturday
shift means any part of an ordinary time shift, which is worked during the
24-hour period between 0000 and 2400 on a Saturday.
Sunday
shift means any part of an ordinary time shift, which is worked during the
24-hour period between 0000 and 2400 on a Sunday.
Public
Holiday shift means any part of an ordinary time shift, which is worked during
the 24-hour period between 0000 at the start of the public holiday and 2400 at
the end of that same public holiday.
13.2. Shift Loadings
The
following shift loadings shall be applied to the appropriate ordinary time rate
in regard to any portion of an ordinary time shift which falls within the times
defined under sub clause 13.1, whether or not the ordinary time shift starts
before and/or ends after the defined times, provided that such loading shall
only apply to that part of the shift which is within the defined times, and
shall not apply to the part of the shift (if any) which falls outside the
defined times. Shift loadings set out in this clause are not cumulative.
|
Shift
|
Loading
|
|
Day
|
Nil
|
|
Night
|
20%
|
|
Saturday
|
50%
|
|
Sunday
|
100%
|
|
Public
Holiday
|
150%
|
For
example shift loadings shall be paid as follows:
Example
1: If an employee commences work at 1800 on Sunday and works through to 0600 on
Monday (excluding a thirty minute paid meal break) then that Employee would be
entitled to the Sunday shift loading (100%) for the first 6 hours of the shift
and the appropriate Night shift loading (20%) for the remaining 5.5 hours.
Example
2: If an Employee commences work at 2200 on Monday and works through to 0700 on
Tuesday (excluding a thirty minute paid meal break) then that Employee would be
entitled to night shift loading (20%) for the first 7.5 hours 2200 to 0600 but
would not be entitled to any loading for the hour worked from 0600 to 0700.
13.3. Shift Changes
Shift
changes for Motorway Patrollers and Electrical Technicians shall take place in
the Motorway Control Centre. In the event of the on-coming Employee not
reporting for duty at the normal shift changeover time, the off-going Employee
shall remain on duty if the safety of staff or motorists is jeopardized by the
absence of the oncoming employee. The Company will endeavour to make
alternative arrangements to minimize overtime for the off going employee
subject to clause 14.4 (Reasonable Overtime).
Where
an Employee is both:
a. After the expiration of their shift
finishing time; and
b. After leaving the employer’s premises,
recalled to work without prior notice, the Employee shall be paid at the
appropriate rate set out in either clause 14.1 Overtime Penalties.
13.4. Overtime - Shift Work
Full
time and part time Employees on shift work are not entitled to both a shift
allowance (whether for a shift in respect of a Night, Saturday, Sunday or
Public Holiday) and overtime penalty (as defined in sub-clause 14.1). Employees
shall be paid the higher of an applicable shift allowance or overtime penalty.
13.5. Shift Loadings Not Cumulative
Shift
loadings outlined in sub-clause 13.2 are not cumulative.
14. Overtime
14.1. Overtime Penalties
Employees
required to work overtime shall be paid a loading of 50% for the first two
hours and for hours worked thereafter a loading of 100%, calculated using the
Employees applicable ordinary time rate of pay.
14.2. Consecutive Hours Off Between Shifts
Where
overtime is necessary it shall, wherever reasonably practicable, be so arranged
such that Employees have at least ten consecutive hours off duty between
shifts. An Employee who works overtime following the cessation of his/her
normal work on one day and who has not at least ten consecutive hours off duty
between cessation of overtime and the commencement of his/her next shift,
shall, subject to this clause, be released after completion of such overtime
and not be required to report back to work until the Employee has had ten
consecutive hours off duty. An Employee required to take time off duty to
ensure compliance with this clause will be permitted to do so without loss of
pay.
If,
on the instruction of the employer, such an Employee resumes work, without
having had ten consecutive hours off duty between shifts, he/she shall then be
paid at double time until he/she is released from duty for that period and
he/she shall then be entitled to be absent until he/she has ten consecutive
hours off duty, without loss of pay.
14.3. Employees Own Arrangement
Sub-clauses
13.3, 14.1 and 14.2 shall not apply when the time worked is by an arrangement
between the Employees themselves or when the rotation of shifts (e.g. day to
night shift) has necessitated work in excess of the ordinary hours as part of a
revised shift roster.
14.4. Reasonable Overtime
(a) Subject to (b)
below, the employer may require an employee to work reasonable overtime at
overtime rates or as otherwise provided for in this award to meet the demands for the
operation and maintenance of the M5 East motorway.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the
purposes of (b) above what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
14.5. Time Off in Lieu of Overtime
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
twelve months of the said election. If leave is not taken for whatever reason,
payment for time accrued at overtime rates shall be made at the expiry of the
twelve-month period or on termination.
Overtime
taken as time off during ordinary hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
14.6. Make-up Time
A
day work 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 this
award, at the ordinary time rate of pay.
A
shift work 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), at the shift work rate, which would have
been applicable to the hours taken off.
15. Casuals
15.1. Casual Loading, Allowances and Penalties
A
casual Employee shall be paid a casual loading of 20% of the ordinary time rate
of pay for all hours worked, which is lieu of annual leave, sick leave,
bereavement leave etc. The casual loading shall be included for the purposes of
the calculation of shift loadings or overtime payments.
Subject
to sub clause 13.2, a casual Employee shall be paid applicable shift
allowances.
Subject
to sub clause 14.1, a casual Employee shall be paid overtime penalties for
hours worked in excess of an average of 38 hours per week in accordance with
the shift roster.
15.2. Calculating wages for a Casual Employee
The
loading, allowances and penalties outlined in sub clause 15.1 above are paid in
addition to the Employee’s ordinary time rate of pay.
A
casual Employee is not entitled to both a shift allowance outlined in 13.2 or
overtime penalties described in sub clause 14.1. The casual Employee shall be
paid at the higher of an applicable shift allowance or overtime penalty.
Example:
A
casual Employee works a shift from 2200 on Sunday to 0806 Monday (including a
paid meal break). The casual Employee will be entitled to the following
assuming an ordinary hourly rate of $15.00 and a 7.6 hour shift:
For
those hours worked between 2200 and 2400 on Sunday:
|
Hourly
Rate
|
$15.00
|
plus
|
|
20%
Casual Loading
|
$3.00
|
|
|
Ordinary
Time Rate
|
$18.00
|
plus
|
|
Sunday
Shift Loading (100%)
|
$18.00
|
|
|
Shift
Hourly Rate
|
$36.00
|
multiplied
x 2 hours
|
|
Amount
for Hours Worked
|
$72.00
|
|
For
those hours worked between 0000 and 0300 on Monday:
|
Hourly
Rate
|
$15.00
|
plus
|
|
20%
Casual Loading
|
$3.00
|
|
|
Ordinary
Time Rate
|
$18.00
|
plus
|
|
Night
Shift Loading (20%)
|
$3.60
|
plus
|
|
Shift
Hourly Rate
|
$21.60
|
multiplied
x 3 hours
|
|
Amount
for Hours Worked
|
$64.80
|
|
For
those hours worked during the paid meal break 0300 and 0330 on Monday:
|
Hourly
Rate
|
$15.00
|
plus
|
|
20%
Casual Loading
|
$3.00
|
|
|
Ordinary
Time Rate
|
$18.00
|
multiplied
x 0.5 hours
|
|
Amount
for Hours Worked
|
$9.00
|
|
For
those hours worked between 0330 and 0606 on Monday:
|
Hourly
Rate
|
$15.00
|
plus
|
|
20%
Casual Loading
|
$3.00
|
|
|
Ordinary
Time Rate
|
$18.00
|
plus
|
|
Night
Shift Loading (20%)
|
$3.60
|
plus
|
|
Shift
Hourly Rate
|
$21.60
|
multiplied
x 2.5 hours
|
|
Amount
for Hours Worked
|
$54.00
|
|
And
|
Hourly
Rate
|
$15.00
|
|
|
20%
Casual Loading
|
$3.00
|
|
|
Ordinary
Time Rate
|
$18.00
|
multiplied
by 0.1 (6 mins)
|
|
Amount
for Hours Worked
|
$1.80
|
|
For
those hours worked between 0606 and 0806 on Monday:
|
Hourly
Rate
|
$15.00
|
plus
|
|
20%
Casual Loading
|
$3.00
|
|
|
Ordinary
Time Rate
|
$18.00
|
|
|
Overtime
Penalty (50%)
|
$9.00
|
plus
|
|
Overtime
Rate
|
$27.00
|
multiplied
x 2 hours
|
|
Amount
for Hours Worked
|
$54.00
|
|
|
Total
Payment for Shift
|
$255.60
|
|
16. Part-Time Employees
A part-time Employee is an Employee, other than a full-time
Employee or a casual Employee, engaged to work regular hours each week in
accordance with a roster with a minimum engagement of 15 hours per week and a
maximum engagement of 37 hours per week.
The ordinary hours of a part-time Employee shall be worked
continuously, excluding any paid meal break, and shall not be less than 3 or
more than 12 hours.
A part-time Employee may work day work, shift work or
continuous shift work.
A roster for a part-time Employee shall set out the days and
the starting and ceasing times the part-time Employee works each week or as
otherwise arranged by mutual agreement.
A part-time Employee shall be entitled to sick leave, jury
service, bereavement leave and parental leave on a pro-rata basis as calculated
as follows:
|
Part-Time
Employee’s
|
=
|
Part-Time
Employee’s
|
x
|
Equivalent Full-Time
|
|
Entitlements
|
|
Ordinary
Weekly Hours
|
|
Employee’s
Entitlements
|
|
|
|
38
|
|
|
Part-time Employees are entitled to overtime in accordance
with Clause 14.1 and shift allowances in accordance with Clause 13.2.
17. Wage Rates & Duties
17.1. Duties
Primary responsibilities of the Electrical Technicians
are:
Perform routine mechanical and electrical maintenance
tasks;
Ensure the M5 East motorway electrical and mechanical
assets are safe and efficient;
Minimise disruption to traffic travelling on the M5
East while maintaining electrical and mechanical equipment and systems;
Liaise with ALSTOM Maintenance crew.
Implement traffic control plans along with other BHEGIS
personnel or sub-contractors as required to perform maintenance tasks.
Liaise with Traffic Control Room Operators and/or
emergency services to provide assistance in resolving mechanical and electrical
incidents efficiently or removing any obstructions to traffic.
Primary responsibilities of the Motorway Patrollers
are:
Provide minor maintenance services to motorists whose
vehicle is disabled. These services will include towing, fuel, water, tyre
changes and minor mechanical repairs.
Respond to incidents that may be observed or reported
by the Traffic Control Room (TCR).
Patrol the motorway to ensure the M5 East motorway is
safe and efficient;
Minimise disruption to traffic in the event of
incidents affecting the M5 East safety by providing a rapid and effective
response including the removal of obstructions to traffic;
Perform civil maintenance and environmental activities
on the motorway (off-peak)
Provide traffic management assistance to other BHEGIS
personnel or sub-contractors as required for planned maintenance activities;
Provide traffic management at the scene of incidents to
ensure the safety of the travelling public and "on-site" personnel as
well as minor maintenance activities.
Provide assistance to Emergency Services;
Provide reports on any road accident and damage to
roadside assets; and
Liaise with operational sub-contractors including
towing and breakdown services.
17.2. Wage Rates
This
Award contains provision for wage increases of 2% each 6 months payable on the
first full pay period on or after 1 April and 1 October of each year until the
expiration of this Award.
|
|
Weekly Rates of Pay
|
|
|
As at
|
As at
|
As at
|
As at
|
As at
|
As at
|
|
|
1/4/2005
|
1/10/2005
|
1/4/2006
|
1/10/2006
|
1/4/2007
|
1/10/2007
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Electrical
Technicians
|
927.55
|
946.10
|
965.02
|
984.32
|
1,004.01
|
1,024.09
|
|
Motorway
Patrollers
|
752.24
|
767.28
|
782.63
|
798.28
|
814.25
|
830.54
|
18. Pay Days
Employees
covered by this Award shall be paid wages, allowances and expenses each
fortnight through electronic funds transfer into a nominated bank account. Bank
charges are the responsibility of each Employee having been taken into account
in setting rates of pay prescribed in this Award.
19. Paid Meal Break
Employees
who work more than five continuous hours shall be entitled to a Paid meal break
of thirty minutes, to be taken approximately mid-way through their work period
on either day or shift hours of work. However, the time of taking the Paid meal
break may be varied at any time to meet the requirements of the operation and
maintenance of the M5 East.
In order
to meet the requirements of the operations or maintenance of the M5 East, the
employer may direct an Employee to return to work if the Employee is taking a
Paid meal break. Should the employer give such a direction to the Employee, the
Employee shall be entitled to another Paid meal break, but only for the length
of time equal to that part of the Paid meal break which the Employee did not
receive because of the direction of the employer.
In
recognition of the fact that an Employee may be recalled to work during their
Paid meal break, an Employee shall be paid at the Ordinary Time Rate of pay for
that Employee’s classification during a Paid meal break.
The Paid
meal break shall not:
Form
part of the Ordinary Hours or Ordinary Weekly Hours of an Employee;
Be
included for the purposes of calculating Overtime; and
Entitle
the Employee to receive any shift allowance or penalty in respect of the Paid
meal break apart from that referred to in this clause.
20. Rest Breaks
Employees
who work a minimum of four consecutive hours on any day shall be entitled to
rest pause of ten minutes duration without loss of pay during the first four
hours. Such rest pause shall be taken at such times as will not interfere with
the continuity of work where continuity in the opinion of the employer is
necessary.
In order
to meet the requirements of the operation or maintenance of the M5 East, the
employer may direct and Employee to return to work if the Employee is taking a
rest pause in accordance with this clause. Should the employer give such a
direction to the Employee, the Employee shall be entitled to another rest pause
in accordance with this clause, but only for the length of time equal to that
part of the rest pause, which the employer did not receive because of the
direction of the employer.
21. Annual Leave
21.1. Full Time and Part Time Employees
Except
as provided by this clause, the Annual Holidays Act 1944 (NSW) (‘Act’)
shall apply.
Where
a Shift Work Employee takes a period of annual leave, any Saturdays and Sundays
falling within that period shall be treated as normal working days for the
purposes of calculating the Employee’s entitlement to annual leave.
Where
an Employee takes a period of annual leave and a Public Holiday falls within
that period, the Public Holiday shall not be included as part of the period of
annual leave.
In
addition to their entitlement to a period of leave under the Act, a full time
or part time Employee who is a seven-day shift worker, that is, an Employee who
is required under the shift roster to work regularly on Sundays and Public
Holidays, shall be allowed one week’s leave, payable in accordance with this
clause. However, if a full time or part time Employee has only served a portion
of the year of employment as a seven-day shift worker, this additional leave
shall be one day for every thirty-six shifts worked as a seven-day shift
worker.
A
full time or part time Employee will be entitled to the following payments
while on a period of annual leave as provided by this clause:
(i) The Employee’s Ordinary Weekly Pay for
each week that the Employee is on period of annual leave; and
(ii) The greater of:
All
shift allowances (including Saturday and Sunday but not including Public
Holiday shift allowances) calculated in accordance with clause 13 which the
Employee would have been entitled to receive if they had worked during the
period for which annual leave has been taken; or
An
Annual Leave Loading of 17.5% of the Employee’s Ordinary Weekly Pay for each
week that the Employee is on a period of annual leave.
Where
the employment of an Employee is terminated by the employer for a reason other
than malingering, inefficiency, neglect of duty, misconduct or
misappropriation, and at the time of the termination the Employee has not been
given, and has not taken, the whole of the annual leave to which the Employee
has become entitled, the Employee shall be paid a loading calculated in
accordance with this clause.
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.
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.
For
the purposes of this clause ‘Ordinary Weekly Pay’ means:
For
a Full Time Employee - the applicable Ordinary Hourly rate of Pay as set out in
sub clause 17.2 for the Employee’s classification at the time of taking the
period of annual leave plus, where applicable, the weekly amount ordinary
received by the Employee in respect of:
Supervisor,
First Aid and Leading Hand allowances; and paid meal breaks
For
Part Time Employee - the applicable Ordinary Hourly Rate of Pay as set out in
sub clause 17.2 for the Employee’s classification at the time of taking the
period of annual leave multiplied by the Employee’s Ordinary Weekly Hours plus,
where applicable, the weekly amount ordinary received by the Employee in
respect of:
Supervisor,
First Aid and Leading Hand allowance; and paid meal breaks
21.2. Casual Employees
Casual
Employees engaged under this Agreement shall not be entitled to Annual Leave as
set out in Clause 21.1.
22. Sick Leave
A Casual
Employee is not entitled to paid sick leave under this Agreement.
An
Employee other than a Casual Employee shall, after three months’ continuous
service, be entitled to paid leave for genuine illness or injury, subject to
the following conditions and limitations:
The
Employee shall where practical prior to but definitely within four hours of the
commencement of such absence inform the employer of their inability to attend
for duty and, as far as practical, state the nature of the injury or illness
and the estimated duration of absence.
The
Employee shall prove to the satisfaction of the employer, by the production of
a medical certificate or other evidence satisfactory to the employer, that the
Employee was unable on account of such illness or injury to attend for duty on
the day or days for which sick leave is claimed.
Full
Time Employees shall be entitled to sick leave of up to seventy-six Ordinary
Hours for each year of employment, which shall accumulate, from year to year.
Sick
leave shall be paid at Ordinary Time rate of Pay as set out for each
classification in sub clause 17.2.
The
employer reserves the right to refer any Employee for an independent medical
opinion at the employer’s expense.
Part
Time Employees shall be entitled to sick leave on a pro-rata basis as described
in this clause.
23. Long Service Leave
The Long
Service Leave Act 1955 shall apply.
24. Jury Service
Casual
Employees are not entitled to any jury service under this Award.
Employees
required to attend for jury service during rostered working hours shall be
reimbursed by the Employer an amount equal to the difference between the amount
paid in respect of attendance for such jury service and the ordinary time rate
of pay in respect of those hours the Employee would have worked had the
Employee not been on jury service. An Employee shall notify the employer as
soon as possible of the date upon which attendance for jury service is
required. Further the Employee shall give the employer proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
25. Personal / Carer’s Leave
25.1. Use of Sick Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), 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 22, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) 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.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) 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
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of
the employee or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer 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 the employer by
telephone of such absence at the first opportunity on the day of absence.
25.2 Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
25.3 Annual Leave
(a) 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.
(b) 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.
25.4 Time Off in
Lieu of Payment for Overtime
(a) 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.
(b) 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.
(c) If, having
elected to take time as leave in accordance with paragraph (a) 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.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
25.5 Make-up Time
(a) 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.
(b) 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.
26. Bereavement Leave
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 later in this clause.
The
Employee must notify the employer as soon as practicable of the intention to
take bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of the death.
Bereavement
leave shall be available to the Employee in respect to the death of a person
prescribed for the purposes of Personal/Carer’s Leave in Clause 25.1 (c) (ii)
provided that for the purpose of bereavement leave, the Employee need not have
been responsible for the care of the person concerned.
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.
An
Employee other than a casual Employee shall be entitled to a maximum of two
days leave without loss of pay on each occasion and on production of
satisfactory evidence of the death outside Australia of the Employee’s spouse
(which includes de-facto spouse), or parent (which includes a step-parent or
foster parent), and where the Employee travels outside of Australia to attend
the funeral.
27. Public Holidays
27.1. Permanent Employees - Entitled to Public
Holidays
Permanent
Employees shall be entitled to the NSW gazetted Public Holidays without loss of
pay, provided that a five-day shift worker (as defined) shall be entitled to
such holidays that occur on Monday to Friday inclusive; provided further that
an employer shall not alter an Employee’s roster for the specific purpose of
avoiding the entitlement which is provided under this sub clause.
27.2. Holidays falling on a Day on Which a
Seven-Day Shift Worker is Not Rostered to work
Where
a public holiday occurs on the rostered day off of a seven-day shift worker,
other than a rostered day given pursuant to the provisions of sub clause 12.2
Hours of Work - Shift Work, then if such Employee is not required to work on
that day the employer shall pay such Employee ordinary pay for hours in
accordance with the shift roster in respect of such day; provided further that
the employer may, in lieu of payment of the ordinary hours prescribed in this
clause, add a day to the annual leave entitlement of the Employee concerned.
Any day or days added to an Employee’s entitlement to annual leave in
accordance with this clause shall be the working day or working days immediately
following the annual leave period to which the Employee is entitled to under
clause 21, Annual Leave.
Where
the employment of a seven-day shift worker has been terminated and such
Employee thereby becomes entitled under Section 4 of the Annual Holidays Act
1944 New South Wales, to payment in lieu of an annual holiday, with respect to
a period of employment, the Employee shall be entitled also to an additional
payment for each day accrued under this sub clause, at the appropriate ordinary
rate of pay.
27.3 Union Picnic Day
It
is agreed by the parties to this Award that in lieu of the Picnic Day of the
Australian Workers’ Union (New South Wales Branch), usually taken on the first
Monday in December each year, all employees covered by this Award will be paid
12 hours at the ordinary rate of pay in the pay period following the first
Monday in December of each year. Provided further that such payment shall only
be made to employees who have had at least 3 months continuous service with the
Company.
28. No Duress
The
parties declare that this Award was not entered into under any duress.
29. Superannuation
The
Employer shall, on behalf of each Employee, make a superannuation contribution
equivalent to the rate prescribed by the Superannuation Guarantee Act
1992 of such Employee’s ordinary time earnings to the Australian Public
Superannuation (APS) Scheme.
30. Redundancy
Clause
30 shall not apply to casual Employees.
In the
event of an Employee’s position becoming redundant, the employer will apply the
Employment Protection Act 1982 (NSW) as amended from time to time.
The Employment
Protection Act provides for the following scale of severance payments in
respect of a continuous period of service:
a. If an Employee is under 45 years of
age the employer shall pay in accordance with the following scale:
|
Years
of Service
|
Under 45 Years of Age
Entitlement
|
|
Less
than 1 year
|
Nil
|
|
1 year
and less than 2 years
|
4 weeks pay
|
|
2 year
and less than 3 years
|
7 weeks pay
|
|
3 year
and less than 4 years
|
10 weeks pay
|
|
4 year
and less than 5 years
|
12 weeks pay
|
|
5 year
and less than 6 years
|
14 weeks pay
|
|
6
years and over
|
16 weeks pay
|
b. Where an Employee is 45 years old or
over, the entitlement shall be in accordance with the following scale:
|
Years
of Service
|
45 Years of Age and Over
|
|
|
Entitlement
|
|
Less
than 1 year
|
Nil
|
|
1 year
and less than 2 years
|
5 weeks pay
|
|
2 year
and less than 3 years
|
8.75 weeks pay
|
|
3 year
and less than 4 years
|
12.5 weeks pay
|
|
4 year
and less than 5 years
|
15 weeks pay
|
|
5 year
and less than 6 years
|
17.5 weeks pay
|
|
6
years and over
|
20 weeks pay
|
In
this clause, "Weeks Pay" means:
i. For a full-time Employee, the applicable
ordinary weekly rate of pay for the Employee’s classification as set out in
Clause 17.2 at the date of termination; and
ii. For a part-time Employee, the amount
equal to the part-time Employee’s ordinary weekly hours multiplied by the
applicable ordinary hourly rate of pay for the Employee’s classification as set
out in Clause 17.2 at the date of termination.
31. Probationary Period
Employment
will be on the basis of an initial three-month probationary period. During this
period, the Employee’s suitability for continued employment will be assessed.
Prior to the completion of the probationary period the employer may offer
employment to the Employee with this Award.
PART D
CONSULTATIVE
MECHANISMS
32. Consultative Committee
The process of the parties to this Award to consult each
other about matters involving changes to the organisation or performance of
work is through the Company Consultative Committee.
The parties to this Award will no later than 4 months from
the date of certification (or longer if mutually agreed) of this Award come to
an agreement on the parameters of the operation, training and membership of the
consultative committee.
33. Unions Procedure
33.1. Entry
The
Parties acknowledge Chapter 5, Part 7 of the NSW Industrial Relations Act
1996. Union officials will be granted access to the work areas upon reasonable
notice being afforded to the Operations & Maintenance Manager, General
Manager or delegated representative. It would be preferable for the officials
to state the purpose of their visit when giving notice.
33.2. Delegates
The
employer recognises the right of its Employees to be represented in their
dealings with their employer if they so choose. The site delegate shall be
allowed reasonable time during working hours to discuss with the employer or
its representative any matter affecting an Employee whom the Union represents.
Such discussions should be arranged for times, which are convenient to both
parties. Before a delegate moves away from their area of work, permission must
first be obtained from the Manager.
34. Disputes Settlement Procedure
The
dispute settling procedure shall have an emphasis on the peaceful settlement of
disputes and minimisation of lost time within the organisation.
In the
event of any dispute between an employer and one or more of its Employees, it
is agreed that the following procedure shall be adhered to:
The
Employee/s or accredited Employees representative wishing to raise any matter affecting
the Employee/s shall:
(i) Initially raise the matter with the
Employee/s immediate supervisor/foreperson. If agreement is not reached at this
level, the Employee/s or representative shall then:
(ii) Raise the matter with the Employer
manager or representative. If agreement is not reached at this level and an
Employee/s or representative will then:
(iii) Be provided with telephone facilities to
speak to any official of the relevant union and request representation at a
further conference to be held at a date and time mutually acceptable.
Should
negotiations as prescribed in this sub clause fail, the matter (where
appropriate) shall be referred to the relevant employer organisation and the
state secretary of the union within five working days, at which level a
conference of the parties shall be convened without delay.
In
absence of agreement, either party may refer the matter to the Industrial
Relations Commission of New South Wales for resolution.
Whilst
the above procedure is being affected, work shall continue normally.
35.
Anti-Discrimination
It is the intention of the parties bound by this award to
seek to achieve the object in section 3(f) of the Industrial Relations Act
1996 to prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity, age and carer’s responsibilities.
It follows that in fulfilling their obligations under the
dispute resolution procedure prescribed by this award the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this award are not directly or indirectly discriminatory in their
effects. It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
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.
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.
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.
Note:
Employers and Employees may also be subject to commonwealth
anti-discrimination legislation.
Section 56(d) of the Anti - Discrimination Act 1977
provides:
"Nothing in the Act effects...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."
36. Employment
Security
The Employer shall take steps to ensure that the enterprise
has the benefit of a stable and committed workforce. This includes making
reasonable efforts to avoid redundancies for the life of this Award.
37. Deduction of
Union Membership Fees
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer’s workplace and any changes to that amount,
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
(ii) The
employee’s authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in accordance
with the Union’s rules) that the Union advises the employer to deduct. Where
the employee passes any such written authorisation to the Union, the Union
shall not pass the written authorisation on to the employer without first
obtaining the employee’s consent to do so. Such consent may form part of the
written authorisation.
(iii) Monies so
deducted from employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly, or quarterly basis at the employers election, together with
all necessary information to enable the reconciliation and crediting of
subscriptions to employees’ membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to 5 per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an
employee has already authorised the deduction of union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to a make fresh authorisation in
order for such deductions to commence or continue.
(v) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in the form of a schedule of fees to be
deducted specifying either weekly, fortnightly, monthly, or quarterly as the
case may be. The union shall give the employer a minimum of two months’ notice
of any such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make payroll
deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of Union membership fees to cease.
(viii) The above
variations shall take effect:
(a) In the case of
employers which currently deduct union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first full pay period to commence on or after 16 December
2004;
(b) In the case of
employers who do not fall within sub-paragraph (a) above, but who currently
make deductions, other than union membership fees deductions or mandatory
deductions (such as for taxation instalments or superannuation contributions)
from employees pay, or have in place facilities to make such deductions, from
the beginning of the first full pay period to commence on or after 16 March
2005;
(c) For all other
employers, from the beginning of the first full pay period to commence on or
after 16 June 2005.
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.