AUSTRALIAN INLAND CONSENT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Barrier
Industrial Council.
(No. IRC 1911 of 2005)
Before Mr Deputy
President Sams
|
19 April 2005
|
AWARD
Arrangement
Clause No. Subject Matter
Definitions
1. Anti-Discrimination
2. Coverage and Parties
3. Date and Period of Operation
4. Objectives
5. Future Negotiations
6. Collective Enterprise Awards
7. Consultative Process
8. Consultative Committees
9. Introduction of Change
10. Unions Delegates’ Rights
11. Grievance and Dispute Resolution
Procedure
12. Disciplinary and Counselling Procedure
13. Terms of Employment
14. Permanent Part Time Employment
15. Temporary Employees
16. Casual Employees
17. Apprentices and Trainees
18. Appointments and Grading
19. Mixed Duties and Functions
20. Hours of Work
21. Flexible Working Hours
22. Shift Work
23. Quick Shift
24. On Call and Standing By
25. Payment
26. Salary Sacrifice
27. Overtime - other than for Shift Workers
28. Rest Period after Overtime
29. Meal Time and Allowances
30. Redundancy
31. Sick Leave
32. Personal Carer’s Leave
33. Annual Leave
34. Long Service Leave
35. Parental Leave
36. Jury Service
37. Award Holidays
38. Bereavement Leave
39. Special Leave (Water Division)
40. Accident Pay
41. Travelling Time and Fares
42. Drivers Licences
43. Private Motor Vehicle - Allowances
44. Trade Unions Leave
45. Training
46. Apprentices/Trainees
47. Living Away
48. Camping
49. First Aid Allowance
50. Leading Hand Allowance
51. Tools
52. Area Climate Allowance (BEL, ASU)
53. Aircraft Allowance (BH Electricity &
BEL)
54. Climbing Allowance (BH Electricity &
BEL)
55. Uniforms/Protective Clothing
56. Wet Weather and Extreme Conditions
57. Outsourcing
58. No Extra Claims
59. Leave Reserved
60. Classifications and Rates of Pay
61. Allowances - Table 1 Part B
62. Appendix 1
63. Appendix 2
64. Appendix 3
65. Appendix 4
66. Appendix 5
67. Appendix 6
68. Appendix 7 - Classifications And Rates Of
Pay
Definitions
Ordinary
Pay
"Ordinary
Rate of Pay" shall mean - the rate of pay prescribed for work being
performed in accordance with the classification contained within this Award.
Consultative
Process
A formal
consultative process with employees to achieve the objectives contained in
clause (4) of this Award and to ensure that the views of employees are taken
into account by the Australian Inland (AI) and that AI has an informed basis on
which to make decisions. The Unions will be entitled to access to the
consultative process detailed in clause (7).
1. Anti-Discrimination
It is the
intention of the parties to seek to achieve the object in Section 3(f) of the
New South Wales Industrial Relations Act 1996 to prevent and eliminate
discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity and age. The parties have obligations to
take all necessary steps to ensure that the operation of the provisions of this
Award are not directly or indirectly discriminatory in their
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 person’s 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.
2. Coverage and Parties
(i) This Award shall apply to Australian
Inland and its employees.
(ii) This Award governs all employment,
wages, and conditions of the employees to whom this Award applies and takes
precedence and overrides any previous award, agreement or contract.
(iii) This Award shall be registered in the
Industrial Relations Commission of New South Wales as the "Australian
Inland Consent Award 2004". The parties are Australian Inland the
Construction, Forestry, Mining and Energy Union, Mining and General Division
(South Western District) NSW Branch, South Western District Balranald Energy
Lodge, Shop Distributive and Allied Employees Association South Australia
Broken Hill Branch (SDA), Broken Hill Town Employees’ Union (TEU) and
Australian Services Union (ASU) affiliated with the Barrier Industrial Council.
(iv) For the avoidance of doubt this Award is
not intended to apply to any employee if that employee is receiving a Total
Remuneration Package which exceeds the highest classification (inclusive of
super) as detailed in the classifications & rates of pay under this Award.
3. Date and Period of Operation
This Award
shall commence on 1st January 2004 and shall expire on 31st December 2005 (2
year Award).
4. Objectives
The
parties to this Award will work towards the achievement of the following
objectives:
(i) Australian Inland’s values, business
objectives and key performance areas, eliminating workplace accidents and
delighting our customers.
(ii) To be the leading and preferred provider
of retailing, distribution, maintenance and construction of water, energy and
utility services to inland Australia.
(iii) Development of on going career
opportunities and the development of training and occupational health and
safety programs and policies.
(iv) Commitment to and involvement in
Australian Inland’s quality service and continuous improvement programs.
(v) Commitment to and involvement in
consultative processes for continuous organisational improvement.
(vi) Commitment to and involvement in the
agreed dispute settlement procedure.
(vii) To recognise the contributions of all
employees to improvements in productivity, efficiency, and their participation
in the achievement of these objectives.
(viii) To provide terms and conditions of
employment in conjunction with Australian Inland’s policies with a view to
maximising job security.
5. Future Negotiations
At least
six (6) months before the nominal expiry date of this Award the parties shall
commence negotiations for a replacement Award.
6. Collective Enterprise Awards
AI is
committed to collective bargaining and will not enter into individual
employment contracts with employees covered by this Award without the agreement
of the Union representing the employee.
When
employees move through the highest classification (inclusive of super) as
detailed in the classifications & rates of pay under this award, they may
elect to enter into individual contracts with AI. This is optional and at the
discretion of both the employee and employer.
Any
contract offers will be advised to the relevant Union as per our Award relating
to consultation (refer to clause 7).
7. Consultative Process
The
parties concerned will use this consultative process where alternatives to this
Award’s provisions are being considered.
Participation
in the consultative process by all parties shall be from the onset where
alternatives to the provisions of this Award are being considered.
(i) All parties concerned are to be involved
in the analysis and decision making process about a proposed alternative
arrangement.
(ii) Australian Inland will take all possible
means to ensure that any adverse effect on an employee will be minimised or
resolved.
(iii) Employees, their Union or Australian
Inland may initiate the consultative process.
8. Consultative Committees
(i) Consultative committees will be
established by mutual agreement by the parties to this Award. A consultative
committee shall comprise representatives of Australian Inland and employees.
(ii) The role of a consultative committee
shall be to discuss and develop methods of achieving the objectives of this
Award, addressing difficulties or impediments to the achievement of those
objectives, and developing alternative arrangements permitted under this Award.
(iii) The form, structure and procedures of
consultative committee meetings shall be determined by agreement between
Australian Inland and the employees.
(iv) The members of a consultative committee
reserve the right to seek advice on matters under discussion by the
consultative committee.
(v) Consultative committees shall not be
utilised in respect of matters, which are being or should be processed pursuant
to the Grievances and Disputes Settlement procedures.
(vi) Senior management and the Unions may
attend and participate in consultative committee meetings.
9. Introduction of Change
(i) Where Australian Inland (AI) makes a
decision to introduce major changes in production, program, organisation,
structure or technology for reasons of an economic, technological, structural
or similar nature, that will have significant effects on employees, AI shall
consult with the staff and Union/s who may be affected.
(ii) "Significant effects" include
termination of employment, major changes in the composition, operation and size
of Australian Inland’s workforce or in the skills required; the elimination or
diminution of job opportunities, promotion opportunities or job tenure; the
alteration of hours of work; the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
(iii) AI shall discuss with employees affected
and the Union/s, the effects the changes are likely to have on employees and
measures to minimise their impact on employees, and shall give prompt response
to matters raised by the employees and the Union/s.
(iv) For the purpose of this sub clause,
consultation means the parties will consult and confer. Nothing in this sub
clause should imply that consultation includes negotiation, nor should it imply
agreement.
10. Union Delegates’ Rights
Union
Delegates at Australian Inland shall have the right to:
(i) Approach, or be approached by a member
for the payment of Unions dues or other payments, or to discuss any matter
related to this member’s employment, during working hours.
(ii) After advising the employer upon arrival
and obtaining permission the right of the Union organiser/official and the
Union delegate to 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 Unions policy affecting the employment of members.
(iii) Call meetings and for members to attend
these meetings on the job, such meetings to be outside of work time unless
prior permission obtained.
(iv) Have protection from victimisation and
this right to be expressed in prohibiting the employer seeking to separate the
Union delegate from the Union members that elected them without first
consulting with the Unions.
(v) Have access to a telephone, computer,
intranet and internet, 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.
(vi) Place notices on notice boards after
advising the employer of the notice details. Notices can be placed on notice
boards dealing with matters of interest to members and within the policy of
Australian Inland.
(vii) Attend meetings (e.g. regional,
organisational or delegates) held by the Union in which they hold office
without loss of any or rights following the approval of the Australian Inland.
(viii) Have all Awards and arrangements negotiated
with Australian Inland set out in writing, and for these Awards and
arrangements to be provided to delegates on request.
11. Grievance and Dispute Resolution Procedure
(i) Workplace grievances should be
prevented, and disputes resolved, by the provision of information and
explanation, and by consultation, co-operation and negotiation, as quickly as
possible, and at the lowest level possible within Australian Inland.
(ii) When an employee believes that a
grievance or dispute has arisen or is likely to occur, regarding an employment
matter, the following steps will be taken:
Step 1.
The
employee will discuss with their supervisor the substance of the grievance or
dispute and will state the remedy sought. The supervisor will investigate the
grievance or dispute and will respond to the employee within two working days.
Step 2.
Should
the grievance or dispute remain unresolved, the employee will notify the
relevant departmental or divisional manager, in writing, of the substance of
the grievance or dispute, state the remedy sought, and request a meeting to
discuss the matter. The departmental or divisional manager will investigate the
grievance or dispute, will respond to the employee within two working days and
will, if necessary, arrange a meeting of all concerned parties, including the
Unions, to address and resolve the matter. The meeting will be conducted within
five working days, or such longer period as may be determined by mutual
agreement.
Step 3.
Should
the grievance or dispute remain unresolved, a conference will be arranged, by
mutual agreement, for Australian Inland and the Union to address and resolve
the matter
Step 4.
Should
the grievance or dispute remain unresolved, Australian Inland or the Union may
refer the matter to the appropriate industrial tribunal for resolution.
(iii) An employee will be entitled to seek the
advice, assistance and attendance of their Union Delegate or Industrial
Officer, or an employee representative, at any stage of this procedure.
(iv) This procedure will not prevent
Australian Inland or the Union from making direct representations to one
another on any matter giving rise, or likely to give rise, to a grievance or
dispute.
(v) During the application of the grievance
and dispute resolution procedure, the normal work situation that existed prior
to the grievance or dispute arising will, where practicable, be maintained and
no party will be prejudiced.
12. Disciplinary and Counselling Procedure
(i) Australian
Inland shall promulgate and implement an agreed disciplinary and counselling
procedure containing
provisions for the downgrading of employees who breach safety standards in
force at Australian Inland.
(ii) Australian Inland shall promulgate and
implement with agreement by the parties to this Award, a disciplinary and
counselling procedure containing provisions for the downgrading of employees
who breach safety standards in force at Australian Inland.
(iii) The intent of the procedure is that
disciplinary action be used as a last resort.
(iv) In most instances relating to the
performance or conduct of staff, counselling of staff members should be
considered as an alternative to embarking on more formal disciplinary action.
In any case (with the exception of serious misconduct), counselling should be
the preliminary step to disciplinary procedures.
(v) To immediately categorise a situation as
disciplinary would generally be counter-productive and may create an
antagonistic environment, making positive improvement difficult to achieve.
Immediate disciplinary action would also deny the staff member’s right to
respond at the earliest opportunity to any concerns and could discourage the
disclosure of the cause of any problem.
(vi) An investigation team will assess each
case before any decision is made to down grade an employee. The team will
consist of the representative from HR, the supervisor/manager and Union
representative.
Appeals
(i) An employee against whom disciplinary
action has been taken has a right to appeal. Any appeal shall be lodged within
14 days of receiving a copy of AI’s determination. Appeals are to be lodged
with the General Manager Human Resources and will include a written notice of
appeal specifying the grounds for appeal against the Investigating Committee’s
determination, together with the submissions the employee wishes to have
considered in support of the appeal.
(ii) Upon receipt of a written notice of
appeal the GMHR in consultation shall convene an Appeal Committee consisting of
the GMHR, Union representative and an independent officer. The appeals
committee will be independent of the investigation committee (as described in
12 (v) above).
(iii) The
Appeal Committee shall consider the Investigating Committee's determination and
reasons and the employee’s grounds of appeal and submissions, together with any
other material that it may call for.
(iv) The Appeal Committee shall not be obliged
to conduct a hearing or receive oral submissions nor shall the rules of
evidence apply to its deliberations.
(v) The Appeal Committee shall determine the
appeal by allowing it in whole or in part, in which event it shall set aside
AI’s determination in regard to disciplinary action and substitute its own
determination as the determination of AI, or dismiss the appeal in which event
the disciplinary action taken by AI shall be of full force and effect.
13. Terms of Employment
(i) Notice of Termination:
(a) To terminate employment, an employee
shall give written notice of termination of employment of not less than four
days. Australian Inland shall give written notice of termination of employment
of not less than four weeks. The period
of notice may be reduced by mutual Award.
(b) Where an employee is over 45 years of
age and has completed at least two years’ continuous service with Australian
Inland, an additional week of notice must be given by the employer.
(c) Except where the period of notice is
reduced by mutual agreement, payment or part payment in lieu of notice shall be
made by Australian Inland if the full notice or part notice is not given. If
the employee fails to give notice or gives incomplete notice, Australian Inland
shall withhold an amount of money for the period of notice not given from any
termination payment due to the employee.
(d) The period of notice shall not apply to
summary dismissal.
(ii) Time off Work during the Period of
Notice
An
employee working during notice of termination (notice given by the employer)
shall be allowed at least one day off with pay to look for work. Time off shall
be convenient to the employee after consultation with Australian Inland.
Further time off may be granted at Australian Inland’s discretion.
(iii) Statement of Employment
(a) Australian Inland shall, give an
employee whose employment has been terminated, a written statement specifying
the period of employment and the classification and type of work performed by
the employee.
(b) Australian Inland will provide telephone
references relating to former AI employees from prospective employers when
requested.
14. Permanent Part Time Employment
(i) A part time employee is an employee who
works less than the number of ordinary hours worked by full time employees.
Unless otherwise mutually agreed between the employer and the employee, the
minimum number of days to be worked per week under this clause is two (2).
(ii) Part time employees shall be paid an
hourly rate calculated by dividing the appropriate salary by the number of
hours worked by full time employees in the same classification.
(iii) A part time employee shall be entitled to
Award conditions. Annual leave, long service leave and all other authorised
leave shall be on a proportional basis as the employee’s average hours of work
relate to those worked by full time employees.
(iv) A part time employee shall receive
overtime rates for any time worked in excess of the ordinary hours specified
for a full time employee.
15. Temporary Employees
(i) A temporary employee is an employee
employed temporarily for a period of not more than twelve months and includes a
temporary part-time employee. At the expiration of that period, work
requirements will be reviewed in consultation with the Unions.
(ii) A casual employee shall not be employed
as a temporary employee.
(iii) Temporary employment shall not be used as
alternative to full time employment
(iv) Full time or part time temporary
employees shall be paid the rate of pay as is applicable for the classification
to which they have been appointed.
(v) Temporary employee shall be entitled to
the same wage, conditions and entitlements as a permanent employee in the same
classification as the temporary employee, together with agreed superannuation,
long service leave and sick leave provisions calculated on a pro-rata basis.
16. Casual Employees
Refer CL:
59 - Leave Reserved
(i) A casual employee is one engaged
intermittently in work of an irregular, occasional and/or unexpected nature,
and who is engaged and paid by the hour. Full time, part time and temporary
employees are not casual employees.
(ii) Casual employees are not to be used as
fulltime employees nor work fulltime hours.
(iii) A casual employee shall be paid the
hourly rate of pay for the appropriate classification plus a loading of [20%]
with a minimum payment of three hours pay for each start. The (20%) casual
loading is not included in the calculation of overtime.
(iv) The casual loading is in lieu of annual
leave, sick leave and award holidays.
(v) Casual employees required to work on a
penalty shift or public holiday shall be paid the appropriate penalty in
addition to their casual rate of pay.
17. Apprentices and Trainees
(i) The provisions of this Award apply to
apprentices and trainees employed by Australian Inland.
(ii) Employment as an apprentice or trainee
shall not continue beyond the completion of the term of the apprenticeship or
traineeship unless further employment is offered and accepted.
(iii) Recognition for time served whilst
undertaking an apprenticeship or traineeship - refer to clause 34.8 (viii).
18. Appointments and Grading
Refer CL:
59 - Leave Reserved.
(i) Appointment, promotion and annual
incremental progression shall be subject to:
(a) The employee’s satisfactory performance
of duties and functions and; if training is provided by AI
(b) The employee undertaking, employer
endorsed training relative to the employee’s duties and functions whenever
required.
(ii) Appointment to a classification or grade
shall be determined by Australian Inland.
(a) Australian Inland shall maintain an
agreed job evaluation system to determine the Award classification rate of pay
for each position. The job evaluation system shall be used where the duties,
functions, responsibilities and skill requirements of a position are altered.
Until there is an agreed evaluation system in place incremental progression
shall occur.
(b) Promotion to a classification, a higher
grading, accelerated progression, shall be determined by Australian Inland
having regard for the duties, functions, responsibilities, skill requirements
and work value principles.
(c) An employee who agrees to work in an
equal or lower paid position may be reclassified or regraded to that position.
However, the employee’s rate of pay shall not be reduced in the first four
weeks after reclassification or regrading. This provision does not apply in
cases of reclassification or regrading under clause 19 (ii) of this Award.
(iii) Where an employee is not satisfied with a
decision relating to appointment or grading, the employee may apply in writing
to the authorised person within 28 days for a review of the decision.
19. Mixed Duties and Functions
An
employee, who is competent to do so, shall where required perform alternative
work to that usually performed by the employee, without reduction in pay. This is subject to mutual Award by both
parties.
1. Acting Higher Grade
a) Employee’s in field positions who
perform the work of another employee for a minimum one (1) full day and for
clerical/professional staff who perform the work of another employee for a
minimum of one week which is paid at a higher rate than the employee’s
position, the employee shall be paid according to the employee’s skills,
qualifications and experience but not less than the entry level for the
position.
b) Where an Award holiday or group of
Award holidays occurs during a period when an employee is acting in a higher
paid position, the employee shall be paid for the holiday/s at the rate for
acting in the position.
c) An employee shall not receive higher
grade pay whilst on leave unless the employee has acted in the position for an
aggregate of at least six (6) months during the twelve (12) month period prior
to going on leave or continuously for at least three (3) months immediately
preceding the commencement of the leave.
d) Except where an employee is relieving
an employee who is on approved leave, periods of acting in a higher grade
position shall not exceed six (6) months.
e) At the completion of the alternate work
period an employee shall return to their former position or a mutually agreed
role.
20. Hours of Work
(i) Spread of Ordinary Hours of Work
Australian
Inland and its employees agree there are three objectives to consider in
determining the structure of working hours under this Award:
(a) The most effective way of servicing the
customer; and
(b) The most effective way of meeting
employee's needs for satisfying work, personal development, health and
workplace safety.
(c) The most efficient production and
delivery of the service.
Unless
otherwise determined in accord with the provisions of this Award, standard
hours are hours worked between:
0755
to 1600 hours (water division),
0730
to 1512 (electricity northern division)
0730
to 1615 (electricity southern division)
0715
to 1700 (ASU field staff)
0800
to 1600 (ASU administration staff)
0830
to 1730 (northern administration staff - RDO)
0830
to 1642 (northern administration staff No RDO)
Mondays
to Fridays inclusive subject to starting and finishing times. This spread of
hours (standard hours of work) may be altered by agreement between Australian
Inland and employees concerned.
(ii) The span of ordinary hours of work for
day workers shall be between (6.00 a.m. and 6.00 p.m.) Monday to Friday
inclusive.
(iii) Starting and Finishing Times
(a) Where agreement is reached between
Australian Inland and an employee or employees, up to 10 ordinary working hours
per day may be worked without the payment of overtime. Where an employee’s
ordinary hours of work exceed seventy two in any two week cycle, the employee
shall be paid overtime rates for those hours worked in excess of seventy two,
provided that Australian Inland has required that employee to work in excess of
the seventy two hours.
(b) The starting and finishing times within
the spread of hours shall be determined by Australian Inland in consultation
with the employees concerned.
(iv) Ordinary Hours of Work - Day Workers
(a) The fortnightly ordinary hours of work
for day workers receiving a RDO shall be [seventy two per fortnight], to be
worked on (nine weekdays at 8 hours per day) RDO’s are to be staggered so that
services are maintained.
(b) Where Australian Inland and the Unions,
in conjunction with the employees concerned, agree, the ordinary hours of work
may be worked to a total of one hundred and forty four on nineteen weekdays in
any four week cycle.
(c) The fortnightly ordinary hours of work
for day workers not receiving a RDO shall be seventy two hours per fortnight
worked at 7.2 hours per day worked between 0830 - 1642 hours.
(d) The hours of duty for employees are
provided in the Flexible Working Hours Arrangement. The arrangement provides for flexible working hours to meet the
operational and client service needs of the work area and the personal needs
and interests of employees. It does
this by providing flexible starting and finishing times, as well as access to
an accrued full day or days off within a work cycle.
(e) An employee who requests to work a
thirty six hour, five day week for family or personal reasons may, with the
consent of Australian Inland may do so.
(f) Where an employee’s rostered day off
falls on an award holiday, the employee may either take the next working day as
a rostered day off or with the consent of Australian Inland take another
mutually agreed day instead.
(g) Employees at either Australian Inland’s
request or on their own request and with the approval of Australian Inland, may
defer and accumulate rostered days off to be taken at a mutually agreed time
provided that an employee shall not accumulate more than five rostered days off
at any one time.
(v) Ordinary Hours of Work - Shift Workers
Except as otherwise provided, the ordinary hours of
work for shift workers shall be in a roster cycle, the number of weeks in the cycle multiplied by thirty-six.
(vi) Hours of Work - General
It is
a consideration for the ordinary hours of work being (thirty six per week) that
the ordinary hours of work be actual hours worked inclusive of morning tea
break.
(vii) Crib/lunch breaks for day workers (field)
are to be unpaid.
(viii) Lunch breaks for administration staff are
to be unpaid.
21. Flexible Working Hours
(i) The arrangements that will apply to
Administration & Professional Staff are:
(a) Ordinary hours of work will be seventy
two (72) hours per fortnight.
(b) The span of ordinary hours of work will
be 6.30 a.m. to 6.30 p.m. Monday to Friday inclusive. All hours worked outside
of the spread of ordinary hours will be overtime (Refer Clause 27).
(c) Standard core hours of work for
administration staff utilising flexitime will be 8.00 a.m. to 4.00 p.m. or 9.00
a.m. to 5.00 p.m., with a 48 minute lunch break taken between 12.00 noon and
2.00 p.m., Monday to Friday inclusive.
(d) Employees may work flexible hours by
varying their standard hours; starting and finishing times and lunch breaks
within the spread of ordinary hours of work.
(e) Employees who fail to honour the spirit
of the Flexible Working Hours provisions shall revert to standard hours.
(f) Flexible working hours will be
determined by consultation and agreement between an employee and the employee’s
supervisor, and will be managed by the employee’s supervisor and will be
recorded on a time sheet.
(g) Flexible working hours will be
reconciled over a period of four weeks, the settlement period, which will
correspond with two consecutive pay periods.
(h) Employees who work in excess of the
ordinary hours of work may accrue a maximum credit of 15 hours, and any credit
up to the maximum may be carried over from one settlement period to the
next. An employee who accrues in excess
of the maximum credit of 15 hours in a settlement period will be paid overtime
rates for those excess hours, in the pay period immediately following that
settlement period.
(i) Employees who
work less than the ordinary hours of work may accrue a maximum debit of 10
hours, and any debit up to the maximum may be carried over from one settlement
period to the next. An outstanding debit may be deducted from an employee’s
entitlements upon termination of employment.
(ii) Flexible working hours arrangements are
for permanent full time employees only.
Temporary and part-time employees are not entitled to this provision.
22. Shift Work
(i) Employees may be required to work a 1,
2 or 3 shift system and shall be paid a shift allowance in accord with the
provisions of this Award.
(ii) The ordinary hours of work for shift
workers is an average of seventy-two (72) hours per fortnight over a roster
cycle. Shift workers may be required to work more than 72 hours in any one
fortnight, but the total number of ordinary hours worked in a roster cycle must
not exceed:
(a) Number of fortnights in roster cycle
multiplied by 72 hours.
(b) The number of fortnights in a roster
cycle shall not exceed 4.
(iii) Shifts may be:
(a) Afternoon Shift: a shift finishing after
18:30 and before or at midnight;
(b) Night Shift: a shift - finishing between
midnight and 06:30, or commencing between midnight and at or before 05:00.
(c) Day Shift: standard hours - normally
0755 to 1600.
(iv) Employees working shifts (shift workers
only), as defined in clause 22 (i, ii, iii), shall be eligible for the
allowances listed below.
(a) Afternoon Shift Allowance
Employees
working the afternoon shift will be paid an allowance, with pro rata payment
for portion of an afternoon shift worked.
(b) Night Shift Allowance
Employees
working the night shift will be paid an allowance, with pro rata payment for
portion of a night shift worked.
(c) Morning Shift Allowance
Employees
working the morning shift will be paid an allowance, with pro rata payment for
portion of a morning shift worked.
23. Quick Shift
(i) Where an employee is a day worker or a
shift worker and is required to work a Quick Shift; (i.e. any two (2) completed
shifts within any period of 24 hours) the employee, subject to other provisions
of this sub-clause, shall be paid at double time for the second shift worked.
(ii) Where a Quick Shift is worked on Monday
to Friday inclusive (excluding Public Holidays) the payment of double time
shall be made for the second shift only.
(iii) Where a Quick Shift is worked on a
weekend, Public Holiday or Leisure Day, only the rate prescribed by this clause
in respect of such quick Shift, shall apply, i.e. double time will be the
maximum total rate payable for the second shift worked.
(iv) The classification of Quick Shifts shall
not apply by reason of:
(a) Normal change of shift, under regular
shift workers' routine;
(b) Change of shift at employee's request.
24. On Call and Standing By
(Refer Cl:
59 - Leave Reserved).
(i) On Call and Standing By
(a) Employees may make themselves available
for "on call and standing by".
(b) Australian Inland will consult with
employees in determining an "on call and standing by" roster.
(c) If insufficient employees have nominated
themselves for an adequate "on call and standing by" roster
Australian Inland will nominate the employees to be included in the "on
call and standing by" roster.
(d) An employee designated as "on call
and standing by" shall be available for emergency and/or breakdown work
outside the employee’s usual hours of duty.
(e) On call and stand by is not pre-arranged
overtime that has been pre-arranged prior to an employee’s normal ceasing time.
(ii) Emergency and/or Breakdown Work:
Emergency
and/or breakdown work includes restoring continuity of supply returning to safe
operating conditions any plant and equipment, which has failed, or is likely to
fail, and/or maintenance work of an urgent nature to avoid interruption to
supply. This work includes all aspects
of a customer’s installation, plant, equipment or appliances, which if not
attended to, will cause distress, hardship or loss to the customer and/or other
occupants of the premises.
(iii) Call Out:
A
call out shall commence from the time of attending the call, or calls, and will
include the time spent on attending the call, for emergency and/or breakdown
work, to the time the employee arrives home or other authorised place. A call out also includes work involved on
any further calls for service which the employee may receive whilst out on duty
or before arrival at home. A call out
does not include ordinary working time, which is continuous with a call out.
(iv) On Call Duty Officer:
An on
call duty officer, after the usual hours of work organises the work of calls
received for emergency and/or breakdown work, and directs employees to respond
to those calls. An on call duty officer
usually does not carry out emergency and/or breakdown work whilst acting as duty
officer.
(v) Service Call:
A
service call is all work in answering a customer call and directing on call
employees to carry out work related to the call. A service call of less than
fifteen minutes shall be counted as fifteen minutes.
(vi) Officer-in-Charge:
An
Officer-in-Charge, shall be available at all times after the usual hours of
work to take charge of major emergency and/or breakdown work.
(vii) Availability:
An
employee on call and standing by shall:
(a) Be in the general vicinity of the on
call area for which they are responsible and be contactable at all times and
respond to call outs without undue delay.
(b) Not engage in activity or be committed
in a way, which would prevent the employee immediately responding to a call
out.
(viii) On Call and Standing By Roster:
No
employee shall be required to be constantly available beyond four weeks where
other employees are available for duty.
Where no other employees are available for inclusion in an on call and
standing by roster, the employee concerned shall have at least one weekend off
duty in each four weeks with out reduction in the availability allowance.
(ix) Availability Allowance - On Call and
Standing By:
An on
call and standing by employee shall be paid an availability allowance as set in
Item 1 of Table 1 of Part B of this Award.
(x) Payment for Call-Outs:
An on
call and standing by employee shall be paid, in addition to the availability
allowance, at double ordinary time rate of pay for the time worked on each
call-out.
(xi) Minimum Payment:
The
minimum payment for a call-out is three hours at double ordinary time rate of
pay (electricity northern division, BEL & ASU), 3.6 hours at double
ordinary time rate of pay (water division).
(xii) On Call Duty Officer - Availability:
(a) An employee required to act as On Call
Duty Officer, shall remain at home at all times, unless otherwise required in
the course of the employee’s duties, or except when allowed to leave home by
permission of the Officer-in-Charge.
(b) An On Call Duty Officer shall not be
required to be constantly available beyond a period of four weeks where other
employees are available for duty. Where no other employee is available for
inclusion in the On Call Duty Officer roster, the employee concerned shall have
at least one weekend off duty in each four weeks without reduction of the On
Call Duty Officer Allowance.
(xiii) On Call Duty Officer Allowance:
An On
Call Duty Officer shall be paid a Duty Officer Allowance as set in item 1 of
Table 1 of Part B of this Award whilst required to act in that capacity.
(xiv) On Call Duty Officer - Payment for Service
Calls and Direction of Work:
An
employee acting as On Call Duty Officer shall be paid, in addition to the On
Call Duty Officer allowance, double ordinary time rate of pay for the time
required to attend to all service calls and to direct and record all work in
respect of emergency and/or breakdown work. The minimum time payable for the work shall be fifteen minutes at
double ordinary time rate of pay.
(xv) Availability Allowance - Officer in
Charge:
An
Officer-in-Charge shall be paid an availability allowance as set in item 1 of
Table 1 of Part B of this Award whilst so engaged.
(xvi) Emergency and/or Breakdown Work -
Officer-in-Charge:
(a) An Officer-in-Charge shall be paid in
addition to the availability allowance, double ordinary time rate of pay for
all time spent attending emergency and/or breakdown work.
(b) An Officer-in-Charge who attends
emergency and/or breakdown work shall at all times ensure that satisfactory
arrangements are made so that the Officer-in-Charge may be contacted without
undue delay.
(xvii) Officer in Charge - Availability:
An
Officer-in-Charge shall not be required to be constantly available beyond a
period of four weeks where other employees are available for duty. Where no
other employees are available for inclusion in an Officer-in-Charge roster, the
employee concerned shall have at least one weekend off duty in each four weeks,
without reduction of the availability allowance paid.
(xviii) Allowances - General:
(a) Payment during Periods of Leave
Allowances
paid under this clause shall continue to be paid to an employee during annual
leave, long service leave, sick leave and worker’s compensation, provided the
employee has been on call and standing by or has been acting as a Duty Officer
or Officer-in-Charge, either constantly or on a roster, for at least one month
prior to the leave.
(b) Other Allowances
Employees
on call and standing by shall be entitled to all other allowances prescribed by
this Award as may be applicable.
(c) Calculation of a Week or Part Thereof
The allowances prescribed by this clause relate to a
full week of seven days. Where the on call duties of an employee do not cover a whole week, the allowances shall be
calculated and paid on the basis of one fifth of the amount for each or part
ordinary working day, and one quarter of the amount for each or part Saturday,
Sunday and/or Award Holiday. An on call period occurs on a Saturday, Sunday or
Award Holiday if the major part of the on call and standing by period occurs on
those any of those days.
(xix) Rosters
Where
an employee works to a roster, the allowance shall be divided by the proportion
of the number of weeks on duty in any rolling period and paid in equal amounts
for each week in the period. An employee required to perform extra duty at any
time during their usual rostered off period shall receive additional payment
for the extra duty in accordance with this clause.
(xx) Work on An Award Holiday
An
employee required to be On Call and Standing By on an Award holiday shall be
granted one [1] day’s leave in lieu.
(xxi) Meal Breaks/Allowances
Meal
breaks and meal allowances shall apply [where applicable] to employees engaged
in on-call and standing by emergency and/or breakdown work.
(xxii) Short Notice
Where
an employee is called upon to replace an employee on the on-call roster due to
unforeseen absences, and the notice is less than 48 hours, then an allowance as
per item 1 Part B table 1 - Allowances shall apply (this does not apply to
changing of set rosters at employees request).
The short notice has to be approved by the responsible supervisor before
the replacement is made.
(xxiii) Menindee and Wilcannia (Electricity Northern
Division)
Employees
required to work at Menindee or Wilcannia shall, if required to remain on
continuous stand-by for three (3) weeks, be relieved for one (1) day either at
weekends or during the normal working week whichever is mutually satisfactory.
(xxiii) Standby (Water Division)
A
daily allowance will be paid to employees who are required to
"Stand-by": holding themselves available for duty, and shall be paid
whether or not the employees are called in to work.
Employees
shall perform stand-by duties as directed, but shall be given reasonable
notice. Stand-by shall be arranged by roster within each workgroup. Such
employees shall ensure that they can be contacted and can respond to a request
to attend to duties while they are on stand-by, in a manner satisfactory to
Australian Inland.
Weekday
|
12
midnight to 8.00 am
|
1 hour
at the base hourly rate.
|
|
4.00 pm
to 12 midnight.
|
1 hour
at the base hourly rate
|
Public
holiday
|
|
8 hours
at the base hourly rate.
|
Weekend
|
midnight
Friday to midnight Sunday
|
8 hours
per day at the base hourly rate.
|
25. Payment
(i) Employees shall be paid fortnightly and
their pay shall be transferred to each employee’s nominated bank, building
society or credit Unions account no later than the close of business on the
working day prior to pay day for funds to be available on payday.
(ii) Pay periods will commence on Sundays and
conclude on the following Saturday.
Pays will be credited to individual employee bank accounts on the
following Thursday after the close of the pay period.
(iii) Australian Inland reserves the right to
change the day in which payment is made. In this instance, employees would be
compensated accordingly. Consultation between the parties would be held prior
to any action being undertaken.
(iv) Australian Inland shall deduct from an
employee’s pay any amounts, which the employee authorises in writing being
contributions or payments for purposes approved by Australian Inland, including
Union membership fees.
26. Salary Sacrifice
(i) Employees may elect to receive
superannuation benefits in lieu of a proportion of their Award wages. The
employee’s election to vary their superannuation benefit must be in writing and
would occur no more than once per calendar year.
(ii) An employee may elect to receive an in
house benefit up to a total value of $507.00 per annum in lieu of receiving the
equivalent amount ($507.00) in wages under this Award.
(iii) All entitlements (long service leave,
sick leave, annual leave, superannuation, overtime) will be paid at the full
rate prior to the salary sacrifice arrangements being made.
(iv) The maximum amount of salary sacrifice is
30% of the base rate of pay. This amount may be increased to 40% based on the
employees remaining tenure within the organisation and will be on a case for
case basis.
(v) Where super contributions are made on a
salary sacrifice basis, overtime and leave loading will be paid at the
employee's pre-sacrifice salary rate.
(vi) The employee’s salary for severance and
termination payments will be the gross salary, which the employee would receive
if not taking part in salary sacrificing.
27. Overtime - Other than for Shift Workers
(i) Requirement to Work Reasonable
Overtime:
Where
required, employees shall work reasonable overtime.
(ii) Payment for Working Overtime:
An
employee directed to perform work in excess of the usual ordinary working hours
or outside the usual working hours shall be paid at double ordinary time rate
of pay until the employee is released from work as follows:
(a) Where, on any day, an employee works
overtime immediately prior to the usual commencing time and immediately after
the usual ceasing time, the total hours of both periods of overtime shall be
taken into account for the purpose of the commencement of double ordinary time
rate of pay.
(iii) Payment for Work on a Holiday:
An
employee who works on an award holiday shall be paid as follows:
(a) Any time worked between the usual
commencing and usual ceasing time, at double ordinary time rate of pay in
addition to the employee’s ordinary pay for the day.
(b) Any time worked before or after the
usual ordinary hours of work, at double ordinary time plus one half the
ordinary rate of pay until the employee is released from work.
(iv) Time off In Lieu Of Payment:
An
employee may elect, with the consent of Australian Inland, to take time off, in
ordinary time, in lieu of payment for overtime at a time or times agreed with
Australian Inland. Time off in lieu shall be on the basis of one hour off for
each hour of overtime worked and shall be taken at a mutually agreed time.
(v) Time off in Lieu Options:
(a) Overtime worked paid at ordinary hours
plus equivalent time off in lieu.
(b) Overtime paid at overtime rates (no time
in lieu)
(c) No payment for overtime - equivalent
hours @ appropriate overtime rate (actual hours worked) in lieu.
(d) Australian Inland shall, if requested by
an employee, provide payment, at the relevant overtime rate for any overtime
worked which was to be taken as time off in lieu and which has not been taken
within four weeks of accrual, provided Australian Inland was responsible for
the employee not being able to take the relevant time off.
(vi) Standing By:
An
employee directed to stand-by to work overtime shall be paid at ordinary time
rate of pay from the time of commencement of the stand-by until released from
the stand-by or until he commences working overtime.
(vii) Minimum Payment for Recall to Work
Overtime:
An
employee notified at work to start overtime later than one hour after the usual
ceasing time, or earlier than two hours before the usual starting time, or an
employee notified after finishing work to work overtime shall be paid a minimum
of three hours (3) pay at overtime rates. However, the minimum payment shall
not apply where overtime is continuous, including any meal break, with starting
or finishing of the employee’s usual working hours.
(viii) Transport of Employees:
When
an employee, after having worked overtime finishes work at a time when
reasonable means of transport are not available, Australian Inland shall provide
the employee with transport to the employee’s home or pay the employee at the
ordinary time rate of payment for reasonable time to travel home.
(ix) Rostered shift workers
Shift
workers, or employees required to relieve shift workers, who perform shift work
during their rostered break, shall receive payment at the rate of double time
for work so performed, except where a definite transfer from one roster to
another has been arranged.
28. Rest Period After Overtime
(i) Wherever reasonably practicable,
employees shall have at least eight (8) consecutive hours off duty before
commencing ordinary time work (refer flow chart appendix 1).
(ii) An employee, recalled to work overtime
after midnight, shall be entitled to extend the usual commencing time on the
day following by an equivalent period.
An employee shall receive payment for any ordinary hours, which fall
within the extended start time period.
(iii) If on the instruction of the supervisor,
such employee resumes or continues work without having had 8 consecutive hours
off duty, they shall be paid double their standard rate until they are released
from duty for eight consecutive hours. These arrangements are subject to the
ruling that when an employee has been working for 16 hours they will cease
work. A review will be undertaken after 12 hours consecutive work to assess the
competence of the employee to continue carrying out their normal duties safely.
(iv) Rest periods shall not apply if any
employee works overtime for less than three (3) hours.
(v) To qualify for a rest period after
overtime, an employee is required to work overtime or call-out for three (3)
hours or more, either continuous or in broken periods, between midnight and
their standard starting time (e.g. 8.00am) on their next standard working day.
29. Meal Time and Allowances
(i) Meal Breaks:
(a) An employee shall not, at any time, be
compelled to work for more than five hours without a break for a meal.
(b) Field employees shall be allowed an
unbroken meal break of not less than thirty minutes without pay on each
ordinary working day. Employees shall be granted a paid ten-minute morning tea
break taken at the location of the work being undertaken.
(c) The provisions of this sub-clause may be
applied to shift workers when working on a day shift, which falls within the
ordinary hours of work for day workers.
(d) Administration employees shall be
allowed a meal break of one hour (1) without pay on each ordinary working day.
(ii) Meal Times - Shift Workers:
Shift
workers shall be allowed in each ordinary working shift, a meal crib time of
thirty minutes.
(iii) Meal Times:
The
times fixed for the taking of meal breaks during an ordinary working day or
ordinary rostered shifts may vary for groups of employees and/or individual
employees, as may be necessary or appropriate for the conduct of Australian
Inland’s business and/or the management and best use of any mealtime facilities
and equipment provided.
(iv) Working in Usual Break:
(a) An employee’s usual time for the taking of
a meal break may, by mutual Award, be varied temporarily or shortened in
special circumstances rather than on a regular basis.
(b) Where an employee is required to work
through the usual meal time the employee shall be paid a crib allowance as
prescribed in Part B table 1 for the period during which the meal break was
deferred.
(v) Overtime Meal Breaks:
An
employee required to work overtime shall have a thirty-minute meal break at the
appropriate overtime rate on the following basis:
(a) After one and one half hours or more
overtime following the employee’s usual finishing time. The meal break may be taken by mutual
arrangement at the commencement of or during the overtime period.
(b) After which, each additional period of
four hours of overtime worked, meal breaks shall be taken during the overtime
period by mutual arrangements. An employee shall not be compelled to work
overtime for more than five hours without a meal break.
(c) Paid meal breaks are time worked for the
purpose of calculating overtime.
(d) Meal breaks may be extended to not more
than one hour, provided that any extension beyond thirty minutes shall be taken
without pay.
(e) An employee entitled to a meal break
shall be paid a meal allowance as set in item 2 of Table 1 of Part B of this
Award.
(f) An employee who either works two hours
or more prior to normal working hours or works overtime which is broken by a
period of ordinary working hours or rostered shift, and the overtime in the
aggregate is two hours or more, the employee shall be entitled to a meal
allowance as set in item 2 of Table 1 of Part B of this Award. This entitlement does not entitle the
employee to a meal break.
(vi) Shift Work Overtime:
Meal
breaks during periods of overtime and the payment of meal allowances shall
apply to shift workers required to work overtime outside the hours of their
ordinary rostered shift, except where, by an approved arrangement made between
employees or at their request, excess time is incurred in changed shifts or in
their ordinary rostered shifts.
30. Redundancy
(i) Where Australian Inland has made a
definite decision that an employee’s job is redundant, Australian Inland shall
hold discussion with the employee directly affected and their Union.
Discussions
are to identify alternatives to retrenchment including transfers to other work,
retraining and voluntary redundancy programs.
For
the purposes of the discussion Australian Inland shall, as soon as practicable,
provide to the employees concerned and their Union or Unions, all relevant
information about the proposed redundancy including the reasons for, the number
and categories of employees likely to be affected, and the number of workers
normally employed and the period over which the retrenchments are likely to
occur. Australian Inland shall not be required to disclose confidential
information, which is not in its business interests.
(ii) Where an employee is transferred to
lower paid duties as an alternative to retrenchment, the employee shall be
entitled to four weeks notice of transfer and the prevailing salary maintenance
program as agreed between the Unions and Australian Inland will be applied.
(iii) Where a business is, before or after the
date of this Award, transmitted to Australian Inland and an employee who as a result
of the transmission transfers to Australian Inland:
(a) the continuity of the employment of the
employee shall be unbroken because of a transmission; and
(b) the period of employment, which the
employee had with the transmitter or any prior transmitter, shall be service
with Australian Inland.
(iv) During the period of notice of
termination given by Australian Inland an employee shall be allowed at least
one day’s time off without loss of pay during each week of notice for the
purpose of seeking other employment.
(v) Where a decision has been made to make a
position redundant, Australian Inland shall notify the appropriate agency as
soon as possible of the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vi) An employee whose employment is
terminated shall be entitled to the following amount of severance pay in
respect of a continuous period of service:
Voluntary
Redundancy (Refer Appendix 4)
Service
Between 1 Year And 13 Years
(a) Four weeks notice or payment in lieu.
Plus an additional one weeks notice or pay in lieu for employees aged 45 years
and over with 5 or more years of completed service.
(b) Severance pay at the rate of 3 weeks per
year of continuous service up to a maximum of 39 weeks, with pro rata payments
for incomplete years of service to be on a quarterly basis.
(c) The benefit allowable as a contributor
to a retirement fund.
(d) An additional acceptance payment, if a
severance offer is accepted within two weeks of the written offer, as follows:
Period of Continuous Service
|
Severance Pay
|
|
|
Less
than one year
|
2 weeks pay
|
One year
and less than two years
|
4 weeks pay
|
Two
years and less than three years
|
6 weeks pay
|
Three
years or more
|
8 weeks pay
|
"Weeks’
pay" means - the ordinary time rate of pay for the employee concerned.
Service
Between 14 Years And 17 Years
52 weeks
with pro-rata payments for incomplete years of service to be on a quarterly
basis.
Service Of
18 Years Plus
(a) Severance pay at the rate of 3 weeks
per year of continuous service, with pro-rata payments for incomplete years of
service to be on a quarterly basis.
(b) In the event that payment under enforced
redundancy is less that what would be received under voluntary redundancy, then
clause (vi) above applies.
(c) In addition to the above payments, an
employee who has a preserved balance of sick leave under Clause 31 (iii) (a) of
this Award shall be paid for that preserved balance of sick leave.
(d) An employee may terminate employment
during a period of notice and, if so, shall be entitled to the same benefits
and payments under this clause had the employee remained with Australian Inland
until the expiry of the notice.
(e) This clause shall not apply where employment
is terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, in the case of
temporary employees, casual employees or apprentices.
31. Sick Leave
(i) An employee who is absent from work due
to personal illness or injury, not due to injury by accident arising out of and
in the course of employment, shall have access to Sick Leave with pay subject
to the following:
a) An employee shall where possible notify
their manager/team leader, within one [1] hour of the employee’s usual starting
time, of the employee’s inability to attend on account of personal illness or
injury and advise of the estimated duration of absence.
b) An employee will not be required to
produce medical certificates except as required in Clause 31 (c). However, an
employee is required to satisfy their manager/team leader that an absence is
due to personal illness or injury.
c) The management of Sick Leave shall be
in accordance with Australian Inland’s Sick Leave and Personal Carers Leave
Policy. If an employee is to undergo sick leave case management, the employee
may be required to produce satisfactory medical evidence.
d) Where an employee has a long term
illness, which has caused the employee to be absent for more than 26 weeks,
Australian Inland will consult with the employee’s Union, and the employee’s
medical adviser or refer the employee to a nominated medical practitioner to
determine the likelihood of the employee returning to work. If the medical advice
confirms that the employee will be unable to return to work, Australian Inland
may terminate the employee’s service.
e) Where it has been established, on
medical advice, that the employee is unlikely to return to work because of the
employee’s illness or injury, Australian Inland may terminate the employee’s
service. In addition to other termination of employment entitlements, the
employee will be paid an amount equivalent to two (2) weeks pay for each year
of service with Australian Inland up to a maximum of twenty six (26) weeks pay
plus four [4] weeks pay in lieu of notice.
(ii) Avoidance of Duplicate Benefits An
employee, who has been granted Sick Leave under this Clause, and who in respect
of the same period of Sick Leave receives compensation under any Act or law,
shall reimburse Australian Inland from that compensation, any amounts paid as
Sick Leave.
(iii) Existing Accumulation
(a) Employees shall have their untaken Sick
Leave accumulated preserved in accordance with the following entitlements:
BIC
electricity @ 1 April 1994.
SDA
Administration @ 1 April 1994.
ASU/MEU
@ 1 November 1997.
BEL @
30 June 1997.
BIC
Water - Calculate the number of sick days accumulated @ date of termination and
the number of days accumulated @ 14 February 1993. The maximum number of
accumulated days that can be cashed in is the lesser of the two figures.
(b) An employee shall be paid their
preserved balance (identified under (iii) (i) above) on cessation of employment
or where an employee’s service is terminated because the employee is unable to
return to work under sub-clause (i) (d) or (e) above, or where an employee is
made redundant by Australian Inland.
(c) Where an employee dies, the preserved
balance shall be paid to the employee’s legal representative.
(iv) Illness During Annual and Long Service
Leave If an employee suffers personal illness or injury for a period of at
least five [5] consecutive days whilst on certificated leave, the employee will
be granted additional leave equivalent to the period of personal illness or
injury, which occurred during the leave. In these circumstances, satisfactory
medical evidence will be necessary.
Lesser
periods will be considered on a case by case basis provided satisfactory
medical evidence is available.
32. Personal Carer’s Leave
(i) An employee shall have access to
Personal Carer’s Leave with pay to provide short term care and support for
immediate family members when they are ill. Personal Carer’s Leave is not long
term indefinite leave and only applies where no other carer is available until
alternative arrangements can be made. A maximum of 5 days is available in the
first instance.
(ii) Additional leave will be subject to
application and based on each applicants individuals personal circumstances.
The employee is obligated to put in place alternative care arrangements as soon
as possible.
(iii) An employee, who needs to take Personal
Carer’s Leave, shall notify their manager/team leader at the first opportunity.
(iv) The management of Personal Carer’s Leave
will be in accordance with Australian Inland’s Sick Leave and Personal Carer’s
Leave policy.
(v) Immediate family includes the employee’s
spouse (including former spouse, a de facto spouse and a former de facto
spouse), same sex partner, or a child or an adult child (including an adopted
child, a step child or an ex nuptial child), parent, parent in-laws,
grandparent, grandchild or sibling and a relative of the employee who is a
member of the same household.
33. Annual Leave
Annual
leave shall accrue at the rate of:
(i) Five (5) weeks (four weeks annual leave
plus one additional week for being based in the Western Division).
(ii) BIC electricity and ASU staff with the
existing entitlement of six (6) weeks (four plus one additional week for being
based in the Western Division plus one additional week) per annum is
ring-fenced from 1 January 2004. This applies to present occupants only.
(iii) Annual leave loading of 17.5% will be
paid on the annual leave entitlement for BH Electricity, SDA Administration and
Water division employees.
(iv) Annual leave loading of 17.5% will be
paid to employees who are discharged from Australian Inlands service on the
accumulated annual leave entitlement for staff as entitled in (iii) above.
(v) All employees on leaving or being
discharged from Australian Inland’s service shall receive payment in lieu of
annual leave pro rata according to the time worked.
(vi) Annual leave entitlements shall be taken
as soon as practicable after they fall due, subject to approval and by mutual
agreement.
(vii) Paid time lost as a result of accident
shall be regarded as time worked for the purpose of calculating annual leave.
(viii) Employees taking their annual leave shall
give one month's notice (wherever practicable) prior to date of holidays.
(ix) Shift workers - Employees required to
perform regular rostered shiftwork shall be entitled to 6 weeks annual leave.
(x) Employees who relieve employees engaged
on regular rostered shift work, shall be entitled to one day additional annual
leave for each 10 weeks or portion of such 10 weeks they so relieved. A week
shall mean any single period of 7 days.
(xi) Payment made under this clause [for water
division employees] will be based on the employee’s personal average earnings
for the preceding year excluding allowances but including overtime. (refer CL:
59 - Leave Reserved).
(xii) Payment for BH Electricity, BEL, ASU and
SDA Administration employees will be made at their current hourly rate.
34. Long Service Leave
(i) Amount of Leave
Australian
Inland shall grant each employee, long service leave on full pay after each
period of continuous service on the following basis:
Length of Service
|
Quantum of Leave
|
|
|
After 10
years
|
13 weeks
|
Between
10 and 15 years
|
1.7 weeks/year
|
Between 15
and 20 years
|
2.7 weeks/year
|
After 20
years
|
2.6 weeks/year
|
(ii) Accrual of Leave
Long
service leave shall accrue during a period of continuous service on a basis
proportionate to the scale of leave set out above.
(iii) Taking of Leave
An
employee shall not be entitled to take any period of long service leave until
the employee has completed ten years service. Long service leave should be
taken "as soon as practicable" after the leave becomes due taking in
consideration of the business interests of AI and by mutual agreement between
the parties.
(iv) Fragmented Leave
Long
service leave when due, may, with the approval of Australian Inland, be taken
in separate periods of not less than one week where the employer and employee
agree.
(v) Notice of Leave
An
employee shall apply for long service leave by giving at least one month’s
notice (where practicable) of the date the employee wishes to commence leave.
(vi) Continuous Service
Continuous
service shall be the period from the date of commencement to the date of
termination of employment and shall include:
(a) For employees employed by Australian
Inland Energy as at 1 January, 1997 who had been credited for employment with a
city, municipality, shire or county district, or local government body or
electricity distributor or for employment in New South Wales with any person or
corporation which has supplied electricity to the public under franchise Award
in accordance with the New South Wales Local Government Act.
(b) All approved leave
(c) Previous employment with Australian
Inland, Australian Inland Energy, Australian Inland Energy and Water, Broken
Hill Water Board, Murray River Electricity, BH City Council and PcPro.
(d) Employment as a part-time employee,
where employment has been on a continuous basis.
Periods
which shall not be included in the calculation of continuous service are
unapproved unpaid absences, absence on maternity leave and leave with out pay.
(vii) Discharged Entitlements
Long
service leave shall be subject to the deduction of any period of long service
leave already taken and/or the period of long service represented by any
payment in lieu thereof made to the employee upon termination of employment in
respect of any service counted in accordance with this clause.
(viii) Apprentices/Traineeships
Persons
who have completed an apprenticeship/traineeship with AI or third party and who
are re-employed by AI within 12 months of completing the apprenticeship shall
have the period of the apprenticeship recognised for long service leave
purposes.
(ix) Payment
(a) Allowances
An
employee who regularly receives payment of on-call and standing by allowances,
shift allowances, and leading hand allowance will receive payment of those
allowances during periods of long service leave on the same basis of payment or
average payment to the employee in the four week (twelve month for leading
hands) period prior to the date of commencement of the leave.
(b) Full Pay
During
a period of long service leave, an employee shall be paid, the employee’s rate
of pay which the employee would have received for the period had the employee
not been on leave.
(c) Payment Before Leave
An
employee shall be entitled to receive payment for the full period of long
service leave prior to the date upon which leave commences.
(x) Award / Public Holidays
Long
Service Leave shall be exclusive of all Award Holidays which occur during the
period of such leave.
(xi) Termination of Employment
(a) Ten Years
Where
an employee has completed at least ten years continuous service and the
employee’s employment is terminated for any reason, or the employee dies,
Australian Inland shall pay to the employee or the employee’s legal
representative, the monetary equivalent of the employee’s accrued long service
leave.
(b) Short Service
Where
an employee has completed at least five years service and employment is
terminated by Australian Inland for any reason, or by the employee, Australian
Inland shall pay to the employee or the employee’s legal representative the
monetary equivalent of the employee’s accrued long service leave.
(c) Payment on Termination
On
termination of employment, an employee shall be paid the ordinary rate of pay,
excluding allowances, for the accrued long service leave.
(xii) No Payment in Lieu
An
employee shall not be paid in lieu of long service leave except on termination
of employment.
35. Parental Leave
Parental
leave (refer Appendix C) taken by an employee can be:
maternity
leave - in connection with a pregnancy or the birth of her child; or,
paternity
leave - in connection with the birth of his spouse’s child; or,
adoption
leave - in connection with the adoption of a child under 12 years of age.
Employees
shall have, in connection with the birth or adoption of a child, maternity,
paternity or adoption leave in accordance with the following provisions:
a) An employee shall, subject to the
completion of twelve (12) months continuous service with Australian Inland, be
entitled to maternity leave with full pay for a period of fourteen (14) weeks,
or, in the alternative, twenty eight (28) weeks at half pay.
b) An employee shall be entitled to such
additional leave without pay as shall amount in aggregate to a total period of
maternity leave not exceeding fifty-two (52) weeks.
c) The management of Parental Leave will
be in accordance with Australian Inland’s Parental Leave policy.
Paternity
Leave is leave taken by a male employee in connection with the birth of his
child or his spouse's (including de facto spouse's) child. Short paternity
leave is for maximum period up to two weeks only when the baby is born or the
pregnancy is terminated.
Extended
Paternity leave up to 50 weeks is available to male employees who are the
primary carer of the child. The amount of leave that is paid leave is the
balance of the untaken paid maternity leave of the spouse. Documented evidence
is required prior to this provision being applied and approved.
Short
adoption leave is an unbroken period of up to three weeks leave taken at the
time of the child’s placement. Extended adoption leave is a further 49 weeks
unpaid leave in order to be the primary care giver of the child.
36. Jury Service
(i) An employee shall notify Australian
Inland as soon as possible of the date upon which they are required to attend
for jury service. Employees shall be granted jury service leave with out loss
of pay.
(ii) An employee shall be paid their normal
base wage/salary by Australian Inland during the period of jury service and any
monies received for jury service will be signed over to Australian Inland.
(iii) An employee required to attend for jury
service during a period of annual leave shall, on application be credited with
annual leave at a subsequent date, for the period during which the employee would
have been on annual leave had the employee not been on jury service.
37. Award Holidays
(i) Holidays:
All
full-time, part-time and temporary employees shall be entitled to the following
days as award holidays without loss of pay.
(a) Any day proclaimed as a State wide
public holiday. Payment will not be made for a public holiday that falls on a
weekend where the employee does not work.
(b) The Australian Inland employees’ Unions
Picnic Day to be held on a day (traditionally Melbourne Cup Day) mutually
agreed between Australian Inland and the employees, provided that a reasonable
level of customer service is to be provided on the day
(c) "Do-day" to be taken on a day
mutually agreed between Australian Inland and the employees. The commencement
time and duration time of the "do-day" function is subject to
management approval and consultation between the parties.
(ii) Employee Absent Prior to and after Award
Holiday
An
employee who is absent from duty without notification to Australian Inland on the
working day prior to and the working day following an award holiday shall not
be entitled to payment for the holiday, unless satisfactory evidence for their
absence is provided and accepted.
(iii) Award Holiday during Leave of Absence
Where
an employee is granted leave without pay by Australian Inland which exceeds
five consecutive working days or shifts the employee shall not be entitled to
payment for any award holiday which occurs during that period.
(iv) Award Holiday on Shift Worker’s Rostered Day
Off
If an
award holiday occurs on an employee’s rostered day off under a shift roster
system, then the rostered day off must be paid for at ordinary rate or another
rostered day off allowed.
(v) On -Call
An
employee who is on-call on an award/public holiday shall be entitled to payment
for the holiday plus an additional day off in lieu to be redeemed on a mutually
agreed date.
38. Bereavement Leave
(i) Where an employee’s immediate family
member dies, the employee, subject to providing evidence satisfactory to the
employer of the relationship and death, shall be entitled to bereavement leave
without loss of pay for any un-worked part of an ordinary working day or
rostered shift during which the employee was notified of the death and up to a
further two ordinary working days or ordinary shifts.
(ii) Where an employee is unfortunate to
suffer a number of deaths in a single year, the entitlement arises on the
occasion of each death.
(iii) Immediate family member includes a
spouse, a former spouse, a de facto spouse and a former de facto spouse, same
sex partner, a child or an adult child an adopted child, a step child or an ex
nuptial child, parent, parent in-laws, grandparent, grandchild or sibling of
the employee.
(iii) Bereavement leave may be taken in
conjunction with other leave available under this award. In determining such a
request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
39. Special
Leave (Water Division)
(xiii) Employees shall have any untaken special
leave accumulated in accordance with (BHWB Wages Award) preserved at the date
of effect of this Award.
(xiv) Special leave is not payable on
termination.
(xv) Employees shall have access to their
preserved special leave, in addition to:
Leave
specified in Cl.32 Personal Carer’s leave;
Leave
specified in Cl.35 Parental leave;
Leave
specified in Cl.38 Bereavement leave; and
As
granted for family or community service responsibilities.
40. Accident Pay
(i) An employee, after a period or periods
of worker’s compensation totalling 26 weeks, shall be entitled to accident pay
for a further period of absence, or absences up to a period of 26 weeks of
incapacity. Accident pay is not payable for the first 26 weeks of period of
incapacity.
(a) "Accident Pay" shall mean - a
weekly payment of an amount representing the difference between the amount of
compensation to which the employee would be entitled to under the Workers’
Compensation Act 1987, as amended and the employee’s ordinary rate of pay.
(b) Accident pay shall only be payable in
respect of a period or periods of any incapacity of an employee while the
employee remains in the employment of Australian Inland.
(c) An employee shall be entitled to payment
in respect of any period of incapacity for work even though the employee has or
is entitled to receive in respect of the period any payment for annual leave,
sick leave, long service leave or for any paid award holiday.
(ii) An employee shall upon receiving an
injury for which the employee claims to be entitled to receive accident pay,
give notice in writing of the said injury to Australian Inland and of its
manner of happening as soon as practicable after the happening thereof and
shall provide in writing all other information as Australian Inland may
reasonably require.
(iv) Australian Inland may require an employee
to have a medical examination by a legally qualified medical practitioner,
provided and paid for by Australian Inland. An employee who refuses a medical
examination, shall have their accident pay suspended until an examination has
taken place.
(v) An employee shall not be entitled to
receive accident pay if the employee fails to comply with a request by
Australian Inland to give Australian Inland-
(a) An undertaking that if the employee
obtains a verdict for damages against Australian Inland in respect of any
injury or is paid an amount in settlement of any claim for damages that the
employee has made against Australian Inland in respect of the injury, the
employee will immediately upon receipt of payment or upon receipt of payment by
the employee’s agent of a verdict for damages or amount in settlement of the
claim,
(b) Repay to Australian Inland the amount of
accident pay which Australian Inland has paid or may pay in respect of the
injury and an authority for Australian Inland alternatively to deduct the
amount of the accident pay from any money owing or which may become owing from
Australian Inland to the employee under a verdict or settlement;
(c) An undertaking that where the injury was
caused under the circumstances creating a liability in a third party to pay
damages in respect thereof and the employee obtains a verdict for damages or is
paid an amount of money in settlement of any claims for damages he has made
against that third party he will out of the verdict or amount of money repay to
Australian Inland the amount of accident pay which Australian Inland has paid
or may pay in respect of the injury; and
(d) An irrevocable authority addressed to
any third party requiring the third party out of any verdict which may be
obtained by the employee against the third party or any amount of money payable
to the employee in settlement of any claim for damages made against the third
party to pay to Australian Inland the amount of accident pay which Australian
Inland has paid or may pay to the employee.
41. Travelling Time and Fares
(i) Normal Travel to and From Work
Time
spent by an employee in normal daily travel, to and from the employee’s home
and normal place of work to attend for work, shall be at the employee’s expense
and without payment.
(ii) Additional Travel to and From Work
Time
spent by an employee in travel, outside the usual working hours and in addition
to the employee’s normal travel time to attend for work or overtime, will be
paid at the appropriate ordinary time rate.
(iii) Travel Time for Training
Time
spent by an employee in travel, outside the usual working hours and in addition
to the employee’s normal travel time to attend employer arranged training which
is related to the employee’s current or possible future appointment or grading,
will be paid at ordinary time rate.
Travel
for training, where possible, should be arranged so that it occurs within the
employee’s normal hours of work.
(iv) Normal Place of Work
An
employee’s normal place of work is the location to which an employee is usually
attached and is regularly used as the employee’s base or headquarters or normal
place of work. In BH, this covers all locations to allow flexibility of
employees commencing at other depots.
(v) Payment of Fares
The
employee shall be reimbursed for any additional fares, which the employee has
reasonably incurred in respect of a period of additional travel.
(vi) Use of Private Vehicle
An
employee who agrees to undertake additional travel in a private motor vehicle
shall receive, in addition to payment for travelling time, reimbursement for
the casual use at the Australian Tax Office kilometre rates.
(vii) Reasonable Travelling
When
calculating travelling time, the most reasonable way and the most expeditious
route available will be used.
(viii) Travel Within Minimum Period
An
employee entitled to a minimum period payment for overtime or other penalty
work shall not be entitled to payment for travelling time where the travelling
occurred within that minimum period.
(ix) On Call Excluded
This
Clause does not apply to travelling involved in after hours On Call and
Standing By emergency and/or breakdown work.
(x) Excess travel is not paid for journey’s
undertaken during work time.
42. Drivers Licences
(i) An employee required by Australian
Inland to hold a motor vehicle driver’s licence or motorcycle riders licence,
shall be reimbursed the annual cost of the licence.
(ii) Where an employee is eligible for and
elects to renew a licence for a period of more than one year, Australian Inland
may reimburse the employee each year an amount equal to the pro rata annual
cost.
(iii) Australian Inland may elect to reimburse
the full cost of an employee’s multiple year licence. Resignation/retirement or
dismissal will see a pro rata adjustment through termination payments being
made.
(iv) Australian Inland shall not be liable to
reimburse any cost of a probationary licence or any penalty imposed on an
employee because of traffic infringements.
(v) An employee required by Australian
Inland to hold any special licences, shall be reimbursed the annual cost of the
licence.
(vi) Where on-going necessary AI duties
require employees to possess Classes HR (3B) and HC (5A) licences, those
employees will be paid a weekly allowance as per item 3 Table 1 Part B
Allowances. An employee cannot receive allowances for both HR and HC licences.
(Water Division)
43. Private Motor Vehicle - Allowances
Privately
owned vehicles may only be used when an AI vehicle is unavailable and when it
is clearly uneconomical to hire a vehicle from an external agency.
General
Managers can authorise use of a privately owned vehicle, subject to the owner
of the vehicle being prepared to use the vehicle for the purpose specified.
Employees
using their own vehicles should be made aware that they are not covered under
AI’s motor vehicle insurance policy in the event of an accident.
An
employee who by arrangement uses a privately owned motor vehicle at work shall
be paid the rate as prescribed by the Australian Taxation Office.
44. Trade Union Leave
(i) An employee may make application to
Australian Inland for paid leave to attend Trade Union courses/conferences.
Australian
Inland’s approval of an application for leave is subject to:
(a) The taking of the leave shall be
dependent upon Australian Inland being able to make adequate staffing
arrangements and sufficient notice being given (refer sub clause (c)).
(b) Training courses/conferences are for
Union delegates/workplace representatives or employees as identified.
(c) Written application and at least four
weeks notice, or other period as agreed, is to be given by the employee.
(d) Paid leave will not incur any other
payment other than the employee’s ordinary rate of pay.
(e) An employee must have at least one
year’s service with Australian Inland before leave can be granted.
(f) An annual non-cumulative entitlement of
paid leave up to a maximum of 12 days will be provided by Australian Inland for
employees to use for Trade Union leave. Additional leave may be granted subject
to approval.
45. Training
(i) Australian Inland will ensure that
training and skill development is to be directed to:
(a) developing a more highly skilled and
flexible workforce;
(b) providing employees with career
opportunities through skill acquisition; and (c) removing barriers to the
utilisation of skills acquired.
(ii) So that employees have the skill, competence
and training to perform duties and functions, they shall undertake and complete
employer endorsed training relevant to their duties and functions. Australian
Inland shall meet all reasonable costs and expenses incurred by employees in
undertaking training.
(iii) An employee who is to undertake
reasonable travel outside the ordinary hours of work to attend employer
required training shall be paid at ordinary time rate of pay for all travel so
incurred.
Travel
for training, where possible, should be arranged so that it occurs within the
employee’s normal hours of work.
46. Apprentices/Trainees
(i) Obligations
Apprentices
and trainees will be provided with "hands on" work experience,
appropriate facilities and training at work to acquire the knowledge and skills
they need to complete their apprenticeship or traineeship.
Apprentices
and trainees shall be enrolled in an approved course of formal training with a
registered training organisation (RTO).
Apprentices
and trainees shall be allowed paid work time to undertake their formal training
with the RTO. This may involve attendance at a training institution, formal
training in the workplace or self paced learning.
AI
will sign the apprentice’s / trainee’s competency record book or work evidence guide
(if available) which supports formal training.
AI
will liaise with the RTO regarding the apprentice’s / trainee’s attendance and
their participation in formal training.
(ii) Leave entitlements
Annual
leave and other leave entitlements and superannuation for apprentices and
trainees will be paid in accordance with this Award.
(iii) Wages
Apprentices
and trainees employed by Australian Inland or under arrangements with a third
party shall be paid the minimum apprentice training wage as set out in this
Award under "classifications and rates of pay" for
Apprentices/Trainees.
(iv) Dismissal
An
apprentice or trainee cannot be dismissed after completion of the probationary
period or after the training contract has been approved by DET, whichever is the
later, as the contract is binding from that date.
(v) Mutual cancellation
AI
and the apprentice / trainee can apply to cancel the training contract at any
time if both parties agree to do this.
47. Living Away
(i) An employee required to remain away
overnight shall, except as provided for in paragraph (ii) of this clause, be
entitled to:
(a) Have AI pay accommodation costs only and
the employee be paid beforehand for meal and incidental expenses as per item 4
table 1 Part B of this Award, or:
(b) Have AI arrange to pay for accommodation
costs, meals and incidental expenses, or:
(c) A lump sum allowance paid beforehand
equal to the item 4 table 1 Part B of this Award.
(ii) For apprentices and for employees
attending training sessions, conferences and staff development activities
Australian Inland shall provide reasonable accommodation and meals.
(iii) Accommodation shall be at least NRMA 3
star rating, whenever practicable and subject to availability.
(iv) Where a Corporate Card has been issued to
an employee the Card may be used to pay for overnight and incidental expenses.
48. Camping
(i) Where an employee is required to
perform work that renders it necessary for an employee to sleep away from the
employee’s usual residence, the employee shall be paid an allowance per day as
set out in item 5 Table 1 Part B of this Award.
(ii) This allowance shall not apply where AI
pays the actual expenses incurred for an employee's meals, board and/or
lodging. In such cases the "Living Away Allowance" applies - refer
clause 47. Where AI does not provide permanent barracks or camping facilities
for employees, it shall pay the actual out-of-pocket expenses incurred for
board and lodging.
(iii) Where the existing camping requirements
cause extreme hardship to an employee and the family because of some
exceptional circumstances, AI, on application by the employee, will review its
policy on the matter in that particular case and subject to the merits of the
case an alternative arrangement to camping may be negotiated.
49. First Aid Allowance
(i) Australian Inland will encourage all
employees to obtain a first aid certificate and will meet the costs of
obtaining and renewing the certificate.
(ii) An employee designated by Australian
Inland as a first aid attendant or their substitute shall be paid the weekly
allowance as set in item 6 of table 1 of Part B of this Award. (BEL)
50. Leading Hand Allowance
(i) An employee employed in a field based
position who is in charge of and responsible for a work group comprising that
employee and at least two (2) other employees shall be classified as
supervising leading hand and remunerated for as per the classifications and
rates of pay attached to this Award.
(ii) An employee whilst undertaking the
duties of Leading Hand shall be paid an allowance set in item 7 of Table 1 of
Part B of this Award.
(iii) The Leading Hand allowance shall be added
to the ordinary rate of pay of the employee whilst undertaking the duties of
leading hand, and the ordinary rate of pay shall be increased by the amount of
the allowance which shall be paid to a leading hand when working overtime, or
involved in travelling time.
(iv) An employee may be designated as a
leading hand on a temporary or on an acting basis to meet short term business
needs, in which case the weekly allowance is divisible as a daily allowance.
(v) An employee designated as supervising
leading hand shall receive the line worker classification of Supervising
leading Hand set out in the attached wages schedule of this Award.
51. Tools
(i) Australian Inland shall provide
employees with the necessary tools to perform their duties.
(ii) Damaged, lost or worn tools shall be
replaced by Australian Inland.
(iii) Employees shall use the tools for their
intended purpose only.
(iv) Employees shall exercise all care in the
use of and safe keeping of tools.
(v) [BEL] members who supply their own
tools, are to receive a tool allowance as set out in item 8 Table 1 Part B
Allowances of this Award.
52. Area Climate Allowance (BEL, ASU)
(i) Employees working within the area of
supply of Australian Inland shall be paid a daily allowance as set in item 9 of
Table 1 in Part B of this Award.
(ii) This allowance shall not form part of
the ordinary rates of pay for the purpose of the calculation of overtime. This
allowance is not paid for other purposes.
53. Aircraft Allowance (BH Electricity, ASU
& BEL)
(i) An employee who is required in the
course of employment to be engaged in a rotary or fixed wing aircraft in
inspection and reporting on the distribution network shall be paid an allowance
as per item 10 of Table 1 - Allowances, per day or part thereof whilst so
engaged.
(ii) Paid on Overtime - this allowance shall
apply during periods of overtime. This allowance is not paid for other
purposes.
54. Climbing Allowance (BH Electricity, ASU
& BEL)
Employees
who are qualified and trained in radio and communications tower work on towers
above 30 meters in height shall be paid for climbing, a daily allowance as set
in item 11 of Table 1 of Part B - Allowances
55. Uniforms/Protective Clothing
AI will
provide uniforms to its employees (administration and field) in accordance with
"Australian Inland Uniform Policy 2002 (refer appendix 5).
(i) Uniforms will be replaced on a fair
wear and tear basis.
(ii) To fulfil safety requirements relating
to the provision of personal protective clothing, Australian Inland shall
provide personal protective clothing as specified.
(iii) Employees must ensure they wear and/or
use appropriate clothing and/or equipment for the purpose for which it was
provided.
56. Wet Weather and Extreme Conditions
(i) Where because of wet weather, an
employee stops work, the employee shall be paid for time not worked provided
the employee:
(a) remains at work until directed to leave
work;
(b) stands by as directed; and
(c) reports for duty as directed.
(ii) Individuals working in heated conditions
need to as a minimum adhere to the following measures within the workplace:
Ensure
that the appropriate PPE is worn at all times.
Ensure
the adequate intake of fluids.
Observe
that regular rest breaks are utilised.
Take
early actions if any signs or symptoms of heat stress occur.
(iii) In extreme conditions, work should be
arranged so that it is not performed when temperatures are at their highest. In
such cases it may be an alternative to alter the commencing times to coincide
with the coolness of the morning subject to agreement between AI and the
employees concerned.
57. Outsourcing
(a) Where Australian Inland is considering
outsourcing work, which affects employees, Australian Inland shall consult with
the affected employees and Unions prior to tendering for such work.
(i) Australian Inland shall discuss with
employees affected and the relevant Unions, the effects outsourcing is likely
to have on employees and measures to minimise the impact on employees, and
shall give prompt response to matters raised by the employees and the Union,
including consideration of employee generated alternatives.
(ii) Where the work to be outsourced is
likely to have a long term (in excess of three [3] months) or major impact on
either:
(a) a particular geographical location, or
(b) a particular classification group, or
(c) a particular existing work function;
a meeting of the Consultative Committee shall be
convened and full details provided prior to the decision to tender.
(iii) Expressions of interest or tenders when
advertised, shall be timed so as to provide the employees with an opportunity
to submit a conforming expression of interest or tender to do the work to an
equivalent standard, timetable, and price.
(iv) If an employee generated conforming
expression of interest or tender is submitted, it shall be evaluated together
with external submissions received.
(v) The Consultative Committee will consider
whether the work activity being considered for outsourcing, can be carried out
by current employees or whether alternative arrangements, such as permanent
part time, temporary or casual employment are a more suitable alternative and
make recommendations considered appropriate.
(vi) When considering contracting out or
outsourcing, AI will take into account the following:
(a) Insufficient overall resources are
available to meet the current Australian Inland overall work commitment and
work timetable, or
(b) The failure to complete the work in a
reasonable time would jeopardise the safety of the public or impact adversely
upon system performance, or
(c) The use of outsourcing or contracting to
the work is commercially the most advantageous option taking into account;
quality; safety; performance; cost; and the overall strategic direction of
Australian Inland.
(vii) If after this process has been conducted a
decision to outsource has been made, the Contractor engaged to perform the work
must:
(a) Provide a written undertaking to comply
with AI safety, environmental and quality standards.
(b) Provide a written undertaking to conform
with all Acts, Awards and Agreements affecting the employees of the Contractor.
(viii) Have in place an Award with the relevant
Union except where the Contractor is a Sole Trader with no employees.
(ix) Where an employee's position is no longer
required the position holder shall be subject to the provisions of the Salary
Maintenance Policy.
58. No Extra Claims
The
parties to this Award agree not to pursue any additional or extra claims during
the term of this Award except where agreed by all parties.
59. Leave Reserved
Appointments
and Gradings
Casual
Loading
Allowances
Mixed
Duties and Functions
On Call /
Standing By
Average
Earnings [Water Division]
60. Classifications and Rates of Pay
(i) Employees shall be allocated an
employment classification. An employee’s classification shall be the
classification, which describes the employee’s major and substantial functions
and duties.
(ii) An agreed job evaluation method shall be
used to grade positions, having regard for the requirements of the position
including qualifications and skill, within the grades allocated for the
classification.
(iii) During the life of this Award, the
parties through negotiation and agreement may vary or simplify the structure
and classification definitions.
(iv) The weekly ordinary rates of pay for
Balranald Energy Lodge (BEL) and ASU staff contain a 1.35% component in lieu of
an annual leave loading.
(v) Classifications and rates of pay for
Union members party to this Award are set out in Appendix 7.
61. Allowances
PART B
Table 1
Allowances
Increase in Line with Wage % Increases Inclusive of 2% paid 03/07/04.
|
Clause
|
Allowance
|
BEL
|
BHE
|
Water
|
ASU/MEU
|
|
|
|
|
Division
|
Division
|
|
|
|
|
$
|
$
|
$
|
$
|
1
|
24
ix
|
On call (week
|
|
|
|
|
|
|
being
7 days)
|
240.00 PW
|
240.00 PW
|
|
240.00 PW
|
|
ix
|
On
Call Weekday
|
32.00 PD
|
32.00 PD
|
|
32.00 PD
|
|
ix
|
On Call Weekend
|
40.00 PD
|
40.00 PD
|
|
40.00 PD
|
|
xxii
|
On
Call Short Notice
|
40.00 PD
|
40.00 PD
|
|
40.00 PD
|
|
xiii
|
On
call duty officer
|
240.00 PW
|
240.00 PW
|
|
240.00 PW
|
|
xv
|
Officer
in Charge
|
240.00 PW
|
240.00 PW
|
|
240.00 PW
|
2
|
29
(v) (e)
|
Meal – Overtime
|
20.55 PM
|
20.55 PM
|
20.55
PM
|
20.55
PM
|
|
(iv)
(b)
|
Crib
Time
|
|
|
6.16
PD
|
|
3
|
42
vi
|
License HC (5A)
|
|
|
5.66
PW
|
|
|
|
License HR (3B)
|
|
|
4.40
PW
|
|
4
|
47
(i) a
|
Living
Away - Breakfast
|
16.40 PD
|
16.40 PD
|
16.40 PD
|
16.40 PD
|
|
|
Living
Away - Lunch
|
18.75 PD
|
18.75 PD
|
18.75 PD
|
18.75 PD
|
|
|
Living Away - Dinner
|
32.40 PD
|
32.40 PD
|
32.40 PD
|
32.40 PD
|
|
(i)
c
|
Living
Away
|
27.98 PD
|
24.41 PD
|
9.95
PD
|
9.95
PD
|
5
|
48
(i)
|
Camping
|
23.71 PD
|
|
31.71
PD
|
31.71
PD
|
6
|
49
(ii)
|
First
Aid
|
5.27 PW
|
|
|
1.83
PD
|
7
|
50(ii)
|
Leading Hand
|
0.96 PH
|
0.88 PH
|
0.61
PH
|
0.93
PH
|
8
|
51
(v)
|
Tools
|
7.96 PW
|
|
|
|
9
|
52
(i)
|
Area Climatic
Allowance
|
1.19 PD
|
|
|
1.03
PD
|
10
|
53
(i)
|
Aircraft Allowance
|
10.61
PD
|
10.61 PD
|
|
11.43
PD
|
11
|
54
(i)
|
Climbing Allowance
|
16.99 PD
|
16.99 PD
|
|
16.99
PD
|
|
|
|
|
|
|
|
|
|
Miscellaneous
|
|
|
|
|
|
Appendix 6
|
Lead Bonus
|
|
2.73 PH
|
2.73 PH
|
|
|
|
Powder Monkey
|
|
5.68 PD
|
7.06 PW
|
|
|
|
Bitumen Cold Mix
|
|
|
4.08 PD
|
|
|
|
Confined Space
|
|
4.24 PH
|
4.24 PH
|
|
|
|
Dirty Work
|
|
0.17 PH
|
1.09 PH
|
|
|
|
Dangerous Substance
|
|
|
6.17 PD
|
|
|
|
Dirty Dangerous
|
|
|
|
|
|
|
Conditions
|
|
|
|
8.86 PW
|
|
|
Height
|
|
|
3.42 PD
|
|
|
|
Sewer Access Chamber
|
|
|
12.83 PD
|
|
|
|
Welding
Galvanised
|
|
|
|
|
|
|
Steel
|
|
|
2.82 PD
|
|
|
|
Towing
|
|
6.50 PD
|
|
|
|
|
Semi Trailer – two axle
|
|
5.86 PD
|
|
|
|
|
Shift – Morning
|
|
|
5%
|
5.87 PS
|
|
|
Shift – Afternoon
|
|
|
15%
|
12.57 PS
|
|
|
Shift – Night
|
|
|
17.5%
|
12.57 PS
|
|
|
Plant Operator
|
|
7.62 PD
|
|
|
|
|
Phone Answering
|
42.14 PW
|
|
|
|
Allowances Inclusive of 5% @ 01/01/05
|
Clause
|
Allowance
|
BEL
|
BHE
|
Water
|
ASU/MEU
|
|
|
|
|
Division
|
Division
|
|
|
|
|
$
|
$
|
$
|
$
|
1
|
24 ix
|
On call
|
252.00 PW
|
252.00 PW
|
|
252.00 PW
|
|
|
(week being 7 days)
|
|
|
|
|
|
ix
|
On Call Weekday
|
33.60 PD
|
33.60 PD
|
|
33.60 PD
|
|
ix
|
On Call Weekend
|
42.00 PD
|
42.00 PD
|
|
42.00 PD
|
|
xxii
|
On Call Short Notice
|
42.00 PD
|
42.00 PD
|
|
42.00 PD
|
|
xiii
|
On call duty officer
|
252.00 PW
|
252.00 PW
|
|
252.00 PW
|
|
xv
|
Officer in Charge
|
252.00 PW
|
252.00 PW
|
|
252.00 PW
|
2
|
29 (v) (e)
|
Meal – Overtime
|
21.58 PM
|
21.58 PM
|
21.58 PM
|
21.58 PM
|
|
(iv) (b)
|
Crib Time
|
|
|
6.47 PD
|
|
3
|
42 vi
|
License HC (5A)
|
|
|
5.94 PW
|
|
|
|
License HR (3B)
|
|
|
4.62 PW
|
|
4
|
47 (i) a
|
Living Away -
|
17.22 PD
|
17.22 PD
|
17.22 PD
|
17.22 PD
|
|
|
Breakfast
|
|
|
|
|
|
|
Living Away - Lunch
|
19.70 PD
|
19.70 PD
|
19.70PD
|
19.70 PD
|
|
|
Living Away -
Dinner
|
34.00 PD
|
34.00 PD
|
34.00 PD
|
34.00 PD
|
|
(i) c
|
Living Away
|
29.38 PD
|
25.63 PD
|
10.45 PD
|
10.45 PD
|
5
|
48 (i)
|
Camping
|
24.90 PD
|
|
33.30 PD
|
33.30 PD
|
6
|
49 (ii)
|
First Aid
|
5.53 PW
|
|
|
1.92 PD
|
7
|
50(ii)
|
Leading Hand
|
1.00 PH
|
0.92 PH
|
0.64 PH
|
0.98 PH
|
8
|
51 (v)
|
Tools
|
8.36 PW
|
|
|
|
9
|
52 (i)
|
Area Climatic
|
1.25 PD
|
|
|
1.08 PD
|
|
|
Allowance
|
|
|
|
|
10
|
53 (i)
|
Aircraft Allowance
|
11.14 PD
|
11.14 PD
|
|
12.00 PD
|
11
|
54 (i)
|
Climbing Allowance
|
17.84 PD
|
17.84 PD
|
|
17.84 PD
|
|
|
|
|
|
|
|
|
|
Miscellaneous
|
|
|
|
|
|
Appendix 6
|
Lead Bonus
|
|
2.87 PH
|
2.87 PH
|
|
|
|
Powder Monkey
|
|
5.96 PD
|
7.41 PD
|
|
|
|
Bitumen Cold Mix
|
|
|
4.28 PD
|
|
|
|
Confined Space
|
|
4.45 PH
|
4.45 PH
|
|
|
|
Dirty Work
|
|
0.18 PH
|
1.14 PH
|
|
|
|
Dangerous Substance
|
|
|
6.48 PH
|
|
|
|
Dirty Dangerous
|
|
|
|
|
|
|
Conditions
|
|
|
|
9.30 PW
|
|
|
Height
|
|
|
3.59 PD
|
|
|
|
Sewer Access
|
|
|
|
|
|
|
Chamber
|
|
|
13.47 PD
|
|
|
|
Welding Galvanised
|
|
|
2.96 PD
|
|
|
|
Steel
|
|
|
|
|
|
|
Towing
|
|
6.83 PD
|
|
|
|
|
Semi Trailer - two
|
|
|
|
|
|
|
axle
|
|
6.15 PD
|
|
|
|
|
Shift - Morning
|
|
|
5%
|
6.16 PS
|
|
|
Shift - Afternoon
|
|
|
15%
|
13.20 PS
|
|
|
Shift - Night
|
|
|
17.5%
|
13.20 PS
|
|
|
Plant Operator
|
|
8.00 PD
|
|
|
|
|
Phone Answering
|
44.25 PW
|
|
|
|
62.
Appendix 1
REST PERIOD AFTER OVERTIME – DAY WORKERS
To qualify for a
rest period after overtime, an employee is required to work overtime or
call-out for three hours or more, either continuous or in broken periods,
between midnight and their standard starting time (e.g. 8.00am) on their next
standard working day.
OVERTIME IS WORKED
Is overtime 3 hours or
|
®
|
®
|
|
¯
|
|
¯
|
Yes
|
|
No
|
|
|
(no rest period)
|
Is overtime on a
weekend between 4.00 pm Friday and 12 midnight
|
|
Sunday
|
|
|
¯
|
¯
|
|
Yes
|
No
|
|
(no rest period)
|
½
|
|
|
¯
|
|
Is the employee a Regular day
|
®
|
®
|
No
|
|
worker
|
|
Refer provisions for
|
¯
|
|
Shift workers
|
Yes
|
|
|
¯
|
|
|
Will the employee
have 8 consecutive hours off work from the
|
|
completion of
overtime to the start of the next normal shift
|
|
¯
|
¯
|
|
Yes
|
no
|
|
(no rest period)
|
¯
|
|
|
|
|
Does the
employees job demand that they start their next
|
|
normal shift on
time(normally it should not)
|
|
¯
|
¯
|
|
Yes
|
no
|
|
¯
|
¯
|
|
|
|
|
Tell the employee
to
|
Tell the employee not to come back
|
|
Start on time and
be
|
to work until they have had 8
|
|
Paid double time
until
|
consecutive hours off duty from the
|
|
They are released
from Duty
|
conclusion of the overtime and be
|
|
|
paid the full shift at normal rates.
|
|
|
|
|
|
|
|
|
63. Appendix 2
Sick Leave and Personal Carer’s Leave Policy
General
Sick leave, as one
form of absenteeism, should be managed in a consistent way with other forms of
unscheduled absences. It is most important that any procedures set in place are
well integrated with other human resource strategies.
Departments within
Australian Inland have a responsibility to manage sick leave in a fair and
equitable way, which takes account of the circumstances and results of
individual absences.
Definitions
Sick Leave
Sick leave is paid
leave of absence, which may be granted to protect the health of:
The employee
concerned,
Other
employees, and/or
The general
public,
and is designed to
cover those absences where the supervisor is satisfied that the employee was
unable to perform his/her duty on account of illness. For the purpose of this
policy, reference to employees shall include temporary employees but shall not
include a casual employee.
Illness
For the purpose of
this policy, illness shall mean:
A virus, disease or
infection;
An injury (other
than a workers compensation injury);
A recognised
psychological illness which may not be manifested as a physical illness’ or
An injury not being
due to serious misconduct.
Immediate Family
Employee’s spouse
(including former spouse, de facto spouse and a former de facto spouse), same
sex partner, or a child or an adult child (including an adopted child, or a
step child or ex nuptial child), parent, grandparent, grandchild or sibling and
a relative, of the employee who is a member of the same household.
Entitlement
(1) Leave with pay will be provided to all
employees, except casual employees, who are absent from work due to personal
injury. All genuine cases of personal illness or injury will be supported.
Note: Casual employees
receive a loading in lieu of any Sick Leave entitlements.
(2) An employee shall inform their
manager/supervisor/team leader as soon as possible preferably within one hour
of the employee’s usual starting time on the first day of absence, of the inability
to attend work and indicating the nature of the illness and the likely length
of the absence. The employee is required to keep in regular contact with the
manager/supervisor/team leader during their absence.
(3) As soon as possible after Sick Leave
commences, the employee must complete and Application for Leave form confirming
the absence, stating the nature of the illness and the total period of sickness
leave required.
Medical Certificates
There will be no requirement for
medical evidence to be produced (i.e. Doctors certificate). The employee concerned only needs to satisfy
their manager/ supervisor/team leader that the absence was due to personal
illness or injury. However, medical evidence may be required where an
individual circumstances warrant that case management procedures be implemented
Where the health of
an employee causes concern, the individual may be requested to obtain a medical
report to determine their fitness to perform their duties. In these
circumstances Australian Inland would meet the costs of the medical report.
Sick Leave during other Leave
If an employee
suffers personal illness or injury for at least five consecutive days whilst on
Annual or Long Service Leave, the employee may have that period of leave
re-credited or will be granted additional leave equivalent to the period of
personal illness or injury which occurred during the leave, whichever is more
appropriate.
In these
circumstances, satisfactory medical evidence will be required and the period of
time covered by the medical certificate is then recorded as Sick Leave.
Rate of Pay During Sick Leave
Paid sick leave
shall be at the employee’s ordinary rate of pay plus any allowance that the
employee ordinarily would have received where this is in accordance with the
Award.
Other Compensation
An employee, who
has been granted Sick Leave, and who in respect of the same period of Sick
leave receives compensation under and Act or law, shall reimburse Australian
Inland from that compensation, any amounts paid as sick leave.
Control of Excessive Sick Leave
The control of
excessive sick leave is the responsibility of individual department general
managers. This responsibility should be based on:
Ensuring the
health and well-being of staff; and
The efficient
and effective operation of the department.
Sick Leave to
be monitored
As with any form of
absenteeism, the responsibility for reducing sick leave at the organisational
level requires the development of a variety of HR management strategies. This
in turn involves a detailed assessment of the underlying causes of sick leave,
which may be related to work, (e.g. occupational hazards, uninteresting or
unchallenging work activities).
Monitoring work attendance on a regular basis is vital to the
identification of causes and the evaluation of strategies developed to reduce
sick leave.
Counselling
At all stages in
the management process, the responsibility for counselling the employee or
referral to a counselling service rests with the employee’s supervisor/manager.
Such counselling must always precede application of any sanctions (e.g.
imposition of the medical certificate requirement), and must include clear
indications of the next steps to be taken.
Personal Carers Leave
An employee
shall have access to personal Carer’s Leave with pay to provide short-term care
and support for immediate family members when they are ill. Personal Carer’s Leave is not long term
indefinite leave and only applies where no other carer is available until
alternative arrangements can be made.
The employee
is obliged to put in place alternative care arrangements as soon as possible.
Personal
Carer’s Leave may be taken for part of a single day.
An employee
who needs to take personal carer’s leave shall notify their
manager/supervisor/team leader at the first available opportunity.
Where
practicable the employee shall complete a Leave Form prior to taking Personal
Carer’s Leave or else notify Australian Inland by telephone on the day of the
absence.
In normal
circumstances an employee shall not take Personal Carer’s Leave where another
person is providing care to a member of the immediate family.
An employee
may elect, with the consent of Australian Inland, to take unpaid leave for the
purpose of providing care to a member of the immediate family.
Requests for
Personal Carer’s Leave will be managed on a case-by-case basis. Managers/supervisors/team leaders will have
regard to the reason for the request and the extent of the leave required. A maximum of five days is available in the
first instance.
Additional
leave will be subject to application and based on each applicants individuals
personal circumstances. The employee is obligated to put in place alternative
care arrangements as soon as possible.
Case Management
Case
management is a process where each particular case is managed individually to
satisfy the needs of both the employee and Australian Inland. Case Management will be used in the
following scenarios:
Where an employee has frequent absences
In these
situations the manager/supervisor/team leader and the employee will review the
circumstances and attempt to address the cause of the absences. If an employee continues to have absences
without apparent reason, then performance counselling and/or individual case
management is to be undertaken. In these circumstances, evidence may be
required for every absence in an effort to correct what may be inappropriate
behaviour.
If performance
counselling and/or case management is undertaken, Australian Inland will
consult with:
The employee;
The employee’s
Union;
The employee’s
medical practitioner;
A nominated
medical practitioner;
A nominated
rehabilitation provider or other health care professional to assist the
employee to return to work and manage the personal illness or injury.
Where an employee has a long term or ongoing illness or injury
Australian
Inland’s Rehabilitation Policy is to rehabilitate employees regardless of
whether the absence is due to workers compensation or sick leave. Returning the employee back to work as soon
as possible, provided medically fit to do so, is the most desirable outcome for
both employee and Australian Inland.
In cases of
long-term illness or injury, the employee will be required to undergo case
management.
If case
management is undertaken, Australian Inland will consult with:
The employee;
The employee’s
Union;
The employee’s
medical practitioner;
A nominated
medical practitioner;
A nominated
rehabilitation provider or other health care professional to assist the
employee to return to work and manage the personal illness or injury.
General
Managers are
responsible for the case management of employees in consultation with the Human
Resources Management team. If an
employee is unlikely to return to work due to a major personal illness or injury,
the Human Resources management team may be required to provide ongoing
management of the particular employee.
Dependent on
the medical condition prevailing it may be appropriate for Managers or the HR
Management team to ask the employee to undergo medical examination.
Termination
Where it is
established, on medical grounds, that the employee is unlikely to return to
work because of the employee’s personal illness or injury, Australian Inland
may terminate the employee’s services.
Prior to any
termination decision being made, Australian Inland will consult with the
employee and the employee’s Union.
Australian
Inland shall pay to the employee, in addition to other termination of
employment entitlements:
An amount
equivalent to two weeks pay for each year of completed service with Australian
Inland up to a maximum of twenty six weeks pay;
Preserved sick
leave;
Four weeks pay
in lieu of notice.
If an employee
has a long-term illness, which has caused the employee to be absent for more
than six months, Australian Inland will consult with the employee’s Union, and
the employee’s medical advisor or refer the employee to a nominated medical
practitioner to determine the likelihood of the employee returning to work.
If the medical
advice confirms that the employee will be unable to return to work, Australian
Inland may terminate the employee’s services. If an ill health retirement does
occur and if the person recovers to a point where some employment can be
undertaken, then Australian Inland may re-employ that employee up to two years
after the agreed ill health retirement.
Appeal against Termination
An employee
may appeal against a decision to terminate their employment by requesting a
review of the decision. The employee or the employee’s Union shall contact the
Human Resources Management team and the relevant manager to discuss the appeal
in an attempt to resolve any concerns. If the matter cannot be resolved the
matter may be referred to the Sick and Personal Carer’s Leave Committee for
review.
An employee
whose employment is terminated retains the right to lodge a grievance with
Australian Inland and have it considered within 10 days of receiving advice of
termination.
Sick and Personal
Carer’s Leave Committee
A standing
committee, the Sick and Personal Carer’s Leave Committee, will be established
to manage the introduction of this policy and to provide ongoing advice and
guidance regarding case management.
The purpose of
the Sick and Personal Carer’s Leave Committee will be to ensure that the implementation
and management of Debit Free Sick Leave and Personal Carers Leave system is
fair and equitable to all employees. It will also be the responsibility of this
committee to ensure that appropriate strategies are implemented where case
management is necessary.
The committee
shall consist of:
The General
Manager Human Resources or their nominated delegate (chair);
Another Senior
Management Representative;
An independent
employee representative nominated by the other members of the Sick and Personal
Carer’s Leave Committee;
A nominated
Union official representing the relevant employee, as agreed by the Union.
For Individual
Case Management Review, the Relevant Manager and Union Official Will be
Involved.
64. Appendix 3
Parental Leave Guidelines
Objective:
Australian
Inland is committed to encouraging the development of our community by
encouraging a family friendly workplace. We actively support mothers and
fathers with leave to care for their new child.
How Does it Work?
Parental Leave
is a period of leave, up to a maximum of 52 weeks, available to employees after
pregnancy. Employees must have worked for AI in a full time position
continuously for 12 months at the time Parental Leave commences.
What is parental
leave?
Parental leave
is unpaid leave, unless otherwise specified in an Award or Agreement. Parental
leave taken by an employee can be:
Maternity
leave - is leave taken by female employees during or after pregnancy. The
period of leave available is up to 52 weeks. Special maternity leave is taken
to recover from a terminated pregnancy, when a child is stillborn or when the
mother is ill because of the pregnancy.
Paternity
leave - is taken by a male employee in connection with the birth of his child
or his spouse’s (including de facto spouse’s) child. Short paternity leave is for two weeks only when the baby is born
or the pregnancy is terminated. Extended paternity leave of up to 50 weeks is
also available for the male employee who is the primary care giver of the
child.
Adoption leave
- is taken by either the adoptive mother or adoptive father when adopting a
child (under 18 years of age). Short adoption leave is an unbroken period of up
to three weeks leave taken at the time of the child’s placement. Extended adoption leave is a further 49
weeks leave in order to be the primary care giver of the child.
An employee
does not have to be married to be entitled to parental leave.
How much leave is
an employee entitled to?
An employee is
entitled to a maximum of 52 weeks leave. it may be taken in the following
manner:
Maternity Leave
Full pay for a
period of fourteen [14] weeks, or,
Alternatively,
twenty-eight [28] weeks at half pay.
Balance of the
52 weeks entitlement unpaid.
Paternity Leave
Extended
Paternity leave up to 50 weeks available to male employees who are the primary
carer. The amount of leave that is paid leave is the balance of the untaken
paid maternity leave entitlement of the spouse.
Adoption Leave
Short adoption
leave is an unbroken period of up to three weeks leave taken at the time of the
child’s placement.
Extended
adoption leave is a further 49 weeks unpaid leave in order to be the primary
care giver of the child.
Other Forms of Leave
Unpaid
Parental Leave may be combined with any accrued Long Service Leave and/or
Annual Leave entitlements, however the maximum amount of combined leave, paid
and unpaid, must not exceed 52 weeks, and must be concluded by the child's
first birthday
General Provisions
Special unpaid
Parental Leave is available to female employees, for recovery from a terminated
pregnancy or an illness related to the pregnancy. Special unpaid Parental Leave
or paid Sick Leave (if any is available) will be available for as long as a
doctor believes it is necessary, and this is specified on a medical
certificate.
Parents may
wish to share Parental Leave, however in all circumstances the combined period
of shared leave will not exceed 52 weeks.
An employee and his or her spouse may not take
parental leave at the same time, except where one spouse is on a period of
'short paternity leave' or 'short adoption leave'.
Parental Leave
does not break the employee's continuity of service, however time away from
work on Parental Leave will not count towards Long Service Leave or Annual
Leave. Staff intending to return to work must notify the appropriate manager
two months prior to the end of Parental Leave (or special unpaid Parental
Leave, as the case may be), of the intention to return to work.
An employee,
upon resuming duties after the expiration of Parental Leave, will return to the
position that was occupied immediately prior to the commencement of the leave,
however if the job no longer exists, but there is another job that the employee
is qualified to do, they may be entitled to that job if the salary and status
is comparable to the former position.
If no such job
is available they may be entitled to redundancy pay, if it is provided in the
relevant Awards or Enterprise Agreements.
65. Appendix 4
Calculation for Redundancy Entitlement
maximum under
existing entitlement
|
3 weeks per year
of service uncapped
|
service between
14-17 years at max 52 weeks
|
so no
disadvantage at 3 weeks /year of service proposal
|
Current
|
4 weeks in lieu
|
1 week if
|
3 week per year
|
Additional
|
Total
|
Entitlement
|
|
45+years old
|
of service max
|
acceptance
|
Weeks
|
|
|
|
39 weeks
|
Payment
|
|
|
|
|
|
|
|
1
|
4
|
1
|
3
|
2
|
10
|
2
|
4
|
1
|
6
|
4
|
15
|
3
|
4
|
1
|
9
|
6
|
20
|
4
|
4
|
1
|
12
|
8
|
25
|
5
|
4
|
1
|
15
|
8
|
28
|
6
|
4
|
1
|
18
|
8
|
31
|
7
|
4
|
1
|
21
|
8
|
34
|
8
|
4
|
1
|
24
|
8
|
37
|
9
|
4
|
1
|
27
|
8
|
40
|
10
|
4
|
1
|
30
|
8
|
43
|
11
|
4
|
1
|
33
|
8
|
46
|
12
|
4
|
1
|
36
|
8
|
49
|
13
|
4
|
1
|
39
|
8
|
52
|
14
|
|
|
42
|
|
52
|
15
|
|
|
45
|
|
52
|
16
|
|
|
48
|
|
52
|
17
|
|
|
51
|
|
52
|
18
|
|
|
|
|
54
|
19
|
|
|
|
|
57
|
20
|
|
|
|
|
60
|
21
|
|
|
|
|
63
|
22
|
|
|
|
|
66
|
23
|
|
|
|
|
69
|
24
|
|
|
|
|
72
|
25
|
|
|
|
|
75
|
26
|
|
|
|
|
78
|
27
|
|
|
|
|
81
|
28
|
|
|
|
|
84
|
29
|
|
|
|
|
87
|
30
|
|
|
|
|
90
|
31
|
|
|
|
|
93
|
32
|
|
|
|
|
96
|
33
|
|
|
|
|
99
|
34
|
|
|
|
|
102
|
35
|
|
|
|
|
105
|
36
|
|
|
|
|
108
|
37
|
|
|
|
|
111
|
38
|
|
|
|
|
114
|
39
|
|
|
|
|
117
|
40
|
|
|
|
|
120
|
41
|
|
|
|
|
123
|
42
|
|
|
|
|
126
|
43
|
|
|
|
|
129
|
44
|
|
|
|
|
132
|
45
|
|
|
|
|
135
|
66. Appendix 5
Corporate Uniforms
Objective:
Australian Inland
presenting a friendly team image by everyone wearing the uniform at all times
How does it work?
This will be
achieved by:
Everyone
wearing the complete uniform at all times
People
starting the day with uniforms in a clean and tidy condition
Maintaining a
detailed specification of the approved uniform
Providing an
opportunity for recommending improvements to the uniform
Ensuring
uniform safety requirements are always maintained
Replacing
uniforms based on the concept of ‘ blunt for sharp ‘ - i.e. when worn out or
damaged
Please join in
making a personal commitment to wearing your uniform with pride.
67.
Appendix 6
Miscellaneous Allowances
Lead Bonus (BH Electricity - Water Division)
Where work is performed for a Mining Company, on works
belonging to the Mining Company on their Mine Lease, employees will be paid the
Lead Bonus set by the Australian Inland, on an hourly basis. Such payment will
not apply when employees carry out normal duties in connection with works of
water supply and sewerage for which AI is responsible.
Powderman's Certificate
(BH Electrcicity - Water Division)
Employees required by their duties to possess a Powderman
certificate of competency issued by the Workcover Authority of NSW, will be
paid a weekly allowance subject to the following:
The allowance to be paid for the full week whether it
is used each day or not.
Where an employee works part of a week, payment will be
for the full week.
The allowance will not be paid when the employee is on
leave of any type for the full week, and no pro-rata payment of the allowance
will be made for overtime worked.
Confined Space (BH Electricity - Water Division)
Employees will
receive a daily allowance for each day, or part of a day, they are required to
perform construction, maintenance and repair jobs in a confined space.
Dirty Work (BH Electricity - Water Division)
An allowance will be paid to employees required to:-
(1) work in the
sedimentation and flocculation tanks at Mica Street Water Treatment Plant when
the tanks are empty and repairs are undertaken;
(2) work in the
suction tunnel at the Stephens Creek Pumping Station;
(3) internally
clean fuel storages;
(4) internally
clean service reservoirs and/or balance tanks;
(5) internally
clean and/or repair sewerage settling and sludge digesting tanks (as distinct
from sewerage pump wells);
(6) clean and oil
shutters;
(7) work in
sewerage pump wells (wet or dry) or in any situation where the employee comes
in direct contact with sewage matter.
(8) work on
equipment or plant contaminated with sewage matter.
(9) work in
situations such that the employee is unable to arrange adequate protection
(e.g. water proof boots) from excessively wet or muddy conditions;
(10) pull down dirty
ceilings or roofing.
Note: This allowance is not payable for items (1) to (9)
above, when organic dirt allowance is paid.
Dangerous Substance (Water Division)
A daily allowance will be paid to employees for each day, or
part of a day, they are required to work with dangerous substances. The
allowance applies where the nature of the work requires the employee to wear
protective clothing, including respiratory masks, or fresh air supplied helmet.
Height (Water Division)
Employees working in places 7.62 metres (25 feet) above the
ground in a location where there is no adequate and safe fixed support shall be
paid an allowance per hour, with a minimum payment per day. Australian Inland
shall provide adequate and safe scaffolding.
Sewerage Access
Chamber Reconstruction (Water Division)
A daily allowance shall be paid to members of the
construction gang only while engaged on sewerage access chamber reconstruction.
This allowance applies only where appropriate conditions
exist, i.e. splashing with sewage and sewer gases, and does not apply in the
case of new construction.
Welding Galvanised Steel (Water Division)
A daily allowance will be paid to employees welding
galvanised coated steel.
Towing (BH Electricity)
An employee required to drive a vehicle towing another
vehicle shall receive an allowance.
Semi-Trailer two axle (BH Electricity)
An employee required to drive a semi-trailer shall receive
an allowance where the semi-trailer has two axles.
Shift Allowances (Water Division)
Employees working the afternoon shift will be paid an
allowance, with pro rata payment for portion of an afternoon shift worked.
Employees working the night shift will be paid an allowance,
with pro rata payment for portion of a night shift worked.
Employees working the morning shift will be paid an allowance, with pro
rata payment for portion of a morning shift worked.
Plant Operator (BH Electricity)
An employee required to drive a vehicle towing another
vehicle shall receive an allowance, provided it is understood that when plant
operating is not available to be carried out the operator will be required to
undertake whatever work is allocated to him by the supervisor.
Telephone Allowance (BEL)
Employees who are required to provide a telephone at their
home for the purpose of Australian Inland business, shall be given an
allowance, as set out in Table 1 Part B - Miscellaneous Allowances.
68. Appendix 7
Classifications and Rates
of Pay
ASU
Classification:
Professional, Supervisory and Support Staff (Corporate and Retail)
An employee who performs work of an analytical nature which
requires a high degree of professionalism, skill and autonomy and is generally
in support of or answerable to a manager shall be classified as a professional,
supervisory and support officer.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
997.33
|
1027.25
|
1047.79
|
1100.18
|
2
|
1050.09
|
1081.59
|
1103.22
|
1158.38
|
3
|
1098.94
|
1131.91
|
1154.54
|
1212.27
|
4
|
1158.60
|
1193.36
|
1217.23
|
1278.09
|
5
|
1221.39
|
1258.03
|
1283.19
|
1347.35
|
6
|
1272.06
|
1310.23
|
1336.43
|
1403.25
|
Classification: Information
Technology Staff
An employee who
is appointed to the information technology section and who has tertiary
qualifications in a related field or discipline or has skills equivalent to
that status.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
1050.87
|
1082.39
|
1104.04
|
1159.24
|
2
|
1098.94
|
1131.91
|
1154.54
|
1212.27
|
3
|
1158.60
|
1193.36
|
1217.23
|
1278.09
|
4
|
1221.39
|
1258.03
|
1283.19
|
1347.35
|
5
|
1272.06
|
1310.23
|
1336.43
|
1403.25
|
6
|
1318.57
|
1358.13
|
1385.29
|
1454.55
|
7
|
1361.17
|
1402.00
|
1430.04
|
1501.54
|
8
|
1403.89
|
1446.01
|
1474.93
|
1548.68
|
9
|
1457.04
|
1500.75
|
1530.77
|
1607.31
|
10
|
1508.63
|
1553.89
|
1584.97
|
1664.21
|
Classification:
Corporate and Retail Support Staff
An employee
who performs work which is principally of a clerical or administrative nature
in support either of corporate or retail professional and supervisory staff
shall be classified as a corporate or retail support officer
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
415.81
|
428.29
|
436.85
|
458.70
|
2
|
466.49
|
480.48
|
490.09
|
514.60
|
3
|
520.94
|
536.57
|
547.30
|
574.66
|
4
|
577.09
|
594.40
|
606.29
|
636.60
|
5
|
651.86
|
671.41
|
684.84
|
719.09
|
6
|
724.55
|
746.28
|
761.21
|
799.27
|
7
|
773.27
|
796.47
|
812.40
|
853.02
|
8
|
838.01
|
863.15
|
880.41
|
924.44
|
9
|
882.04
|
908.50
|
926.67
|
973.01
|
10
|
940.53
|
968.75
|
988.12
|
1037.53
|
Note: Grade 1
is adult entry at School Certificate level or acceptable equivalent.
Grade 3 is
entry at Higher School Certificate level or acceptable equivalent.
Annual
incremental progression to grade 5 subject to employee undertaking employer
endorsed training and satisfactory performance.
Appointment
beyond grade 5 is dependent on job evaluation.
Classification: Professional Officer
(Network)
An employee who has completed a recognised degree and who is
eligible for admission as a member of the Institution of Engineers, Australia
may be appointed to a position as a professional officer to carry out
professional engineering duties and functions.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
1147.27
|
1181.68
|
1205.32
|
1265.58
|
2
|
1312.45
|
1351.82
|
1378.86
|
1447.80
|
3
|
1390.87
|
1432.59
|
1461.25
|
1534.31
|
4
|
1524.65
|
1570.39
|
1601.80
|
1681.89
|
5
|
1607.50
|
1655.73
|
1688.84
|
1773.28
|
Classification: Supervisory and
Technical Support Officer (Network)
An employee
who performs tasks of an engineering management or analytical nature generally
in support of a professional officer (network) shall be appointed as a
supervisory and technical support officer. This classification also covers
those employed as a works co-ordinator; team leader; design and investigation
officer; network standards officer; safety officer or metering officer.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
951.34
|
979.88
|
999.48
|
1049.46
|
2
|
997.07
|
1026.98
|
1047.52
|
1099.90
|
3
|
1046.96
|
1078.37
|
1099.94
|
1154.93
|
4
|
1089.69
|
1122.38
|
1144.83
|
1202.07
|
5
|
1137.63
|
1171.76
|
1195.19
|
1254.95
|
6
|
1169.67
|
1204.76
|
1228.86
|
1290.30
|
7
|
1231.29
|
1268.23
|
1293.59
|
1358.27
|
8
|
1283.66
|
1322.17
|
1348.61
|
1416.04
|
9
|
1338.11
|
1378.25
|
1405.82
|
1476.11
|
10
|
1391.52
|
1433.26
|
1461.93
|
1535.03
|
Grades 7 to 10
are for engineering officers with the grade to be determined by job evaluation.
Grades 4 to
10 are for works co-ordinators with the grade to be determined by job
evaluation.
Grades 1 to 2
are for team leaders with progression from grade 1 to grade 2 after twelve
months.
Grades 1 to 3
are for electrical trade’s persons engaged in advanced work and possessing post
trade qualification with progression from grade 1 to 2 to 3 after each twelve
months.
Classification: Materials Management
Officer
An employee
who is primarily engaged in the acquisition, distribution, control and
recording of stores, equipment, plant, and materials including the operation of
stores and quality of goods received and the management of contracts in respect
of these items, shall be appointed as a material management officer.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
785.51
|
809.08
|
825.26
|
866.52
|
2
|
857.42
|
883.14
|
900.81
|
945.85
|
3
|
937.54
|
965.66
|
984.98
|
1034.22
|
4
|
962.81
|
991.69
|
1011.53
|
1062.10
|
5
|
1047.22
|
1078.64
|
1100.21
|
1155.22
|
6
|
1094.51
|
1127.34
|
1149.89
|
1207.39
|
7
|
1126.55
|
1160.35
|
1183.56
|
1242.74
|
Materials managers shall
progress annually from grade 1 through to grade 5
Appointment beyond grade 5 is dependent on job evaluation.
Classification: Technician
A technician
is a qualified tradesperson who is primarily involved in related energy work,
motor vehicles and plant or other associated trades, or non-trades staff
involved in the operation of a materials distribution centre.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
796.46
|
820.35
|
836.76
|
878.59
|
2
|
832.15
|
857.11
|
874.26
|
917.97
|
3
|
854.03
|
879.66
|
897.25
|
942.11
|
3+
|
858.33
|
884.08
|
901.77
|
946.85
|
4
|
887.25
|
913.87
|
932.15
|
978.76
|
4+
|
891.55
|
918.30
|
936.67
|
983.50
|
5
|
915.00
|
942.45
|
961.30
|
1009.36
|
6
|
969.71
|
998.80
|
1018.78
|
1069.72
|
7
|
1021.69
|
1052.34
|
1073.39
|
1127.06
|
Technicians shall progress
annually from grade 1 through to grade 4
A technician performing work on
energy distribution systems including installation protection systems,
zone substations, and installation inspection shall progress from grade 1 to
grade 5.
Grades 6 and 7 apply to former
Illawarra Electricity employees who are on these rates at the commencement of
this Award.
Motor mechanics shall progress
annually from grade 1 through to grade 3.
Painters and welders shall
progress from grade 1 to grade 2 after twelve months.
Classifications 4+ and 3+ have
an amount of $4.30 per week included into the rate in consideration for
disabilities encountered in the work place in the nature of confined spaces,
underground work, working at heights, wet and dirty places and the use of power
tools and explosives.
Classification: Energy Distribution
Worker
An Energy Distribution Worker is an employee who, has a
post-secondary qualification in:
(1) gas supply, or
(2) overhead
linework or other qualification recognised under the Overhead Lineworkers
Regulations, and who is engaged in the operation, maintenance and construction
of energy transmission and distribution systems up to and including
sub-transmission assets, including work on switchboards and metering equipment.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
669.05
|
689.13
|
702.91
|
738.05
|
2
|
703.18
|
724.28
|
738.77
|
775.70
|
3
|
770.66
|
793.78
|
809.66
|
850.14
|
4
|
821.08
|
845.71
|
862.62
|
905.75
|
5
|
857.42
|
883.14
|
900.81
|
945.85
|
5L/H
|
892.68
|
919.46
|
937.85
|
984.74
|
6
|
895.46
|
922.32
|
940.77
|
987.81
|
6L/H
|
928.22
|
956.07
|
975.19
|
1023.95
|
Sup L/H
|
N/A
|
1009.08
|
1029.26
|
1080.72
|
Energy Distribution Workers are eligible to progress
annually from Grade 1 through to Grade 4 subject to work performance and/or conduct
not having been assessed as unsatisfactory during the twelve-month period from
the date of commencement or date of last incremental advancement.
An Energy Distribution Worker (Electrical) who is
qualified and performs live-line stick work shall be paid at Grade 5.
An Energy Distribution Worker (Electrical) who is
qualified and performs live-line glove and barrier work shall be paid at Grade
6.
A Probationary Energy Distribution Worker requires a
minimum of four months on the job training assisting Energy Distribution
Workers (Electrical) and has to undertake the overhead Line-workers course and
supplementary in-school practical course. A Probationary Energy Distribution
Worker shall be graded and paid as an Energy Distribution Worker (Electrical) Grade
1. On satisfactory completion of the probationary period and courses, the
employee will be advanced as an Energy Distribution Worker Grade 2.
Classification: Assistant
An assistant is an employee who
is engaged in either the operation of plant or reading of meters and associated
clerical duties, or depot officer duties or the maintenance of plant and
equipment, or cleaning, routine store work, care of grounds, equipment and
vehicles and other related administrative and clerical functions.
GRADE
|
4%
|
3%
|
2%
|
5%
|
|
07/05/03
|
14/01/04
|
01/07/04
|
01/01/05
|
1
|
662.54
|
682.42
|
696.07
|
730.87
|
2
|
703.18
|
724.28
|
738.77
|
775.70
|
3
|
723.77
|
745.48
|
760.39
|
798.41
|
4
|
739.01
|
761.18
|
776.40
|
815.22
|
5
|
762.85
|
785.73
|
801.45
|
841.52
|
6
|
785.51
|
809.09
|
825.26
|
866.52
|
Assistants
shall progress annually through the grades as follows:
Depot
officers and store workers to Grade 6.
Meter readers
and plant operators to Grade 4.
All others to
Grade 3.
ASU (BHWB)
Salaried Officers
Grade
|
Level
|
2%
|
Hourly
|
Annual
|
|