AUSTRALIAN INLAND AND ELECTRICAL TRADES UNION INDUSTRIAL ENTERPRISE AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Electrical Trades Union of Australia, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 5891 of 2004 )

 

 

AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Anti-Discrimination

2.         Coverage and Parties

3.         Date and Period of Operation

4.         Objectives

5.         Future Negotiations

6.         Collective Enterprise Agreements

7.         Consultative Process

8.         Consultative Committees

9.         Introduction of Change

10.       Union 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.       Accident Pay

40.       Travelling Time and Fares

41.       Drivers Licences

42.       Private Motor Vehicle - Allowances

43.       Trade Union Leave

44.       Training

45.       Apprentices/Trainees

46.       Living Away

47.       Camping

48.       First Aid Allowance

49.       Leading Hand Allowance

50.       Tools

51.       Area Climate Allowance

52.       Aircraft Allowance

53.       Radio and Communications Tower - Climbing Allowance

54.       Uniforms/Protective Clothing

55.       Wet Weather and Extreme Conditions

56.       Outsourcing

57.       No Extra Claims

58.       Leave Reserved

59.       Classifications and Rates Of Pay

Classification: Professional, Supervisory And Support Staff (Corporate And Retail)

Classification: Information Technology Staff

Classification: Corporate And Retail Support Staff

Classification: Professional Officer (Network)

Classification: Supervisory And Technical Support Officer (Network)

Classification: Materials Management Officer

Classification: Technician

Classification: Energy Distribution Worker

Classification: Assistant

Classification: Trainee, Non Professional

Classification: Trainee, Professional

60.       Allowances

61.       Appendix 1

62.       Appendix 2

63.       Appendix 3

64.       Appendix 4

65.       Appendix 5

 

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 Enterprise 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 union 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 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 Enterprise 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 Enterprise Award shall apply to Australian Inland and its employees.

 

(ii)        This Enterprise Award governs all employment, wages, and conditions of the employees to whom this Enterprise Award applies and takes precedence and overrides any previous award, agreement or contract.

 

(iii)       This Enterprise Award shall be registered in the Industrial Relations Commission of New South Wales as the "Australian Inland and Electrical Trades Union Industrial Enterprise Award 2004".  The parties are Australian Inland, Electrical Trades Union and (respondent union/s)

 

(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. Dates and Period of Operation

 

This Enterprise Award shall commence on 1st January 2004 and shall expire on 31st December 2005 (2 year agreement)

 

4.  Objectives

 

The parties to this Enterprise Award will work towards the achievement of the following objectives:

 

(i)         Australian Inlands 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 Inlands 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 Inlands policies with a view to maximising job security.

 

5.  Future Negotiations

 

At least six (6) months before the nominal expiry date of this Enterprise Award the parties shall commence negotiations for a replacement Enterprise Award.

 

6.  Collective Enterprise Agreements

 

AI is committed to collective bargaining and will not enter into individual employment contracts with employees covered by this Enterprise Award without the agreement of the unions 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 agreement relating to consultation (refer to clause 7).

 

7.  Consultative Process

 

The parties concerned will use this consultative process where alternatives to this Enterprise 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 Enterprise 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 Enterprise 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 Enterprise Award, addressing difficulties or impediments to the achievement of those objectives, and developing alternative arrangements permitted under this Enterprise 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 Inlands 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 subclause, consultation means the parties will consult and confer. Nothing in this subclause 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 Union 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 Union 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 for 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 Union.

 

(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 (eg 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 agreements and arrangements negotiated with Australian Inland set out in writing, and for these agreements and arrangements, including Awards, to be provided to delegates on request.

11.  Grievances 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 Union, 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 Enterprise 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 teams 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.

 

(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

 

Probationary period: (delete clause).

Australian Inland, when offering employment, may include a probationary period of employment of up to three months (with scope for extension of the probationary period up to a further three months) in the letter of offer of employment.  Where the probationary period is extended, the employee shall be given the reasons in writing.

(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 agreement.

 

(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 Inlands 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.

 

(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 Enterprise 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.

 

(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

 

(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.

 

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.

 

18.  Appointments and Grading

 

(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 Enterprise 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 22 (ii) of this Enterprise 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

 

(i)         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.

 

(ii)        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 Enterprise 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 Enterprise Award, the spread of hours may be worked between 0715 to 1700 hours, Mondays to Fridays inclusive subject to starting and finishing times.

 

This spread of hours (standard core 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.

 

(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 Inlands 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 26).

 

(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 utilize 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 Enterprise 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 08:00 to 16:00.

 

(iv)       Employees working shifts, 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, ie. 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

 

(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 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 upon arrival at home or such other place.  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 2 of Table 1 of Part B of this Enterprise 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.

 

(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 3 of Table 1 of Part B of this Enterprise 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 it item 3 of Table 1 of Part B of this Enterprise 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 Enterprise 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.

Rest Period - After Work

 

a)  An employee who works during the eight [8] hours immediately preceding the employee’s usual starting time, shall be entitled to defer the starting time with out loss of pay by a period equal to the actual time worked.

 

a)  If the employee is required to commence work at the usual starting time, double ordinary rates shall apply for the time worked by which the employee otherwise would have deferred the usual starting time.

 

(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 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 Part B table 1 - Allowances item 2 shall apply.  The short notice has to be approved by the responsible supervisor before the replacement is made.

 

25.  Payment

 

(i)         Employees shall be paid fortnightly and their pay shall be transferred to each employee’s nominated bank, building society or credit union 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 reserve 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 Enterprise 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.

 

(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 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 (eg 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 48 minutes 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, which shall be treated as part of the shift and paid for accordingly.

 

(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 Inlands 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 agreement, 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 at ordinary time and a half ratesa 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 immediately 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 4 of Table 1 of Part B of this Enterprise 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 4 of Table 1 of Part B of this Enterprise 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 Enterprise 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 30 (iii) (i) of this Enterprise 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 30 (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 Inlands 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.

 

ASU/MEU @ 1 November 1997.

 

ETU @ 30 June 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.

 

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 Inlands 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, 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 plus one additional week for being based in the Western Division.

 

(ii)        BIC electricity 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)       All employees on leaving or being discharged from Australian Inlands service shall receive payment in lieu of annual leave pro rata according to the time worked.

 

(iv)       Annual leave entitlements shall be taken as soon as practicable after they fall due, subject to approval and by mutual agreement.

 

(v)        Paid time lost as a result of accident shall be regarded as time worked for the purpose of calculating annual leave.

 

(vi)       Employees taking their annual leave shall give one month's notice (wherever practicable) prior to date of holidays.

 

(vii)      Shift workers - Employees required to perform regular rostered shiftwork shall be entitled to 6 weeks annual leave,.

 

(viii)     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.

 

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	65 days (13 weeks)
Between 10 and 15 years	42.5 days (1.7 weeks/year)
Between 15 and 20 years	7.5 days (2.7 weeks/year)
After 20 years	3 days/year (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 agreement 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, in addition to allowances, 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 Inlands 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 defacto 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.

 

(b)        The Australian Inland employees’ Union 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, a child or an adult child an adopted child, a step child or an ex nuptial child, parent, grandparent, grandchild or sibling of the employee.

 

(iv)       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.  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.

 

(iii)       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.

 

(iv)       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.

 

40.  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 employees 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.

 

41.  Drivers Licences

 

(i)         An employee required to hold a motor vehicle driver’s licence or motorcycle riders licence, shall be reimbursed the annual cost of the licence by Australian Inland.

 

(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 an any special licences, shall be reimbursed the annual cost of the licence.

 

42.  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 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.

 

43.  Trade Union Leave

 

(i)         An employee may make application to Australian Inland for paid leave to attend a trade union courses/conferences.

Australian Inlands 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.

 

(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.

 

44.  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 employees normal hours of work.

 

45.  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 liase 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 Enterprise Award.

 

(iii)       Wages

 

Apprentices and trainees employed by Australian Inland or under arrangements with a third party shall be paid the minimum training wage as set out in this Enterprise 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.

 

46.  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 5 table 1 Part B of this Enterprise 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 5 table 1 Part B of this Enterprise 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.

 

47.  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 Enterprise 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 45.  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.

 

48.  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 Enterprise Award.

 

49.  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 Enterprise 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 Enterprise 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.

 

50.  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.

 

51.  Area Climate Allowance

 

(i)         Employees working within the area of supply of Australian Inland shall be paid a daily allowance as set in item 8 of Table 1 in Part B of this Enterprise 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.

 

52.  Aircraft Allowance

 

(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 9 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.

 

53.  Radios and Communications Tower - Climbing Allowance

 

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 10 of Table 1 of Part B

 

54.  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.

 

55.  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 Enterprise Award between AI and the employees concerned.

 

56.  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 Union, 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 Unions, 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.

 

(iv)       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.

 

(v)        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.

 

(vi)       Have in place an Enterprise Agreement with the relevant Unions except where the Contractor is a Sole Trader with no employees.

 

(vii)      Where an employee's position is no longer required the position holder shall be subject to the provisions of the Salary Maintenance Policy.

 

57.  No Extra Claims

 

The parties to this Enterprise Award agree not to pursue any additional or extra claims during the term of this Enterprise Award except where agreed by all parties.

 

58.  Leave Reserved

 

Appointments and Gradings

 

On Call Standing By

 

59.  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)       The weekly ordinary rates of pay set out in this Enterprise Award contain a 1.35% component in lieu of an annual leave loading.

 

(iv)       During the life of this Enterprise Award, the parties through negotiation and agreement may vary or simplify the structure and classification definitions.

 

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
6	1272.06	1310.23	1336.43	1403.25
5	1221.39	1258.03	1283.19	1347.35
4	1158.60	1193.36	1217.23	1278.09
3	1098.94	1131.91	1154.54	1212.27
2	1050.09	1081.59	1103.22	1158.38
1	997.33	1027.25	1047.79	1100.18

 

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
10	1508.63	1553.89	1584.97	1664.21
9	1457.04	1500.75	1530.77	1607.31
8	1403.89	1446.01	1474.93	1548.68
7	1361.17	1402.00	1430.04	1501.54
6	1318.57	1358.13	1385.29	1454.55
5	1272.06	1310.23	1336.43	1403.25
4	1221.39	1258.03	1283.19	1347.35
3	1158.60	1193.36	1217.23	1278.09
2	1098.94	1131.91	1154.54	1212.27
1	1050.87	1082.39	1104.04	1159.24

 

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
10	940.53	968.75	988.12	1037.53
9	882.04	908.50	926.67	973.01
8	838.01	863.15	880.41	924.44
7	773.27	796.47	812.40	853.02
6	724.55	746.28	761.21	799.27
5	651.86	671.41	684.84	719.09
4	577.09	594.40	606.29	636.60
3	520.94	536.57	547.30	574.66
2	466.49	480.48	490.09	514.60
1	415.81	428.29	436.85	458.70

 

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
5	1607.50	1655.73	1688.84	1773.28
4	1524.65	1570.39	1601.80	1681.89
3	1390.87	1432.59	1461.25	1534.31
2	1312.45	1351.82	1378.86	1447.80
1	1147.27	1181.68	1205.32	1265.58

 

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
10	1391.52	1433.26	1461.93	1535.03
9	1338.11	1378.25	1405.82	1476.11
8	1283.66	1322.17	1348.61	1416.04
7	1231.29	1268.23	1293.59	1358.27
6	1169.67	1204.76	1228.86	1290.30
5	1137.63	1171.76	1195.19	1254.95
4	1089.69	1122.38	1144.83	1202.07
3	1046.96	1078.37	1099.94	1154.93
2	997.07	1026.98	1047.52	1099.90
1	951.34	979.88	999.48	1049.46

 

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
7	1126.55	1160.35	1183.56	1242.74
6	1094.51	1127.34	1149.89	1207.39
5	1047.22	1078.64	1100.21	1155.22
4	962.81	991.69	1011.53	1062.10
3	937.54	965.66	984.98	1034.22
2	857.42	883.14	900.81	945.85
1	785.51	809.08	825.26	866.52

 

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
7	1021.69	1052.34	1073.39	1127.06
6	969.71	998.80	1018.78	1069.72
5	915.00	942.45	961.30	1009.36
4+	891.55	918.30	936.67	983.50
4	887.25	913.87	932.15	978.76
3+	858.33	884.08	901.77	946.85
3	854.03	879.66	897.25	942.11
2	832.15	857.11	874.26	917.97
1	796.46	820.35	836.76	878.59

 

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 Enterprise 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 line work or other qualification recognised under the Overhead Line workers 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
Sup L/H	N/A	1009.08	1029.26	1080.72
6L/H	928.22	956.07	975.19	1023.95
6	895.46	922.32	940.77	987.81
5L/H	892.68	919.46	937.85	984.74
5	857.42	883.14	900.81	945.85
4	821.08	845.71	862.62	905.75
3	770.66	793.78	809.66	850.14
2	703.18	724.28	738.77	775.70
1	669.05	689.13	702.91	738.05

 

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
6	785.51	809.09	825.26	866.52
5	762.85	785.73	801.45	841.52
4	739.01	761.18	776.40	815.22
3	723.77	745.48	760.39	798.41
2	703.18	724.28	738.77	775.70
1	662.54	682.42	696.07	730.87

 

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.

 

Classification: Trainee, Non Professional

 

A trainee - non professional is a person undertaking training in a specific discipline including an apprenticeship, and excepting those undertaking training in a professional discipline, and who has not completed the course of study and been awarded the relevant certificate qualification.

 

Grade	4%	3%	2%	5%
	07/05/03	14/01/04	01/07/04	01/01/05
4	582.04	599.50	611.49	642.06
3	506.09	521.27	531.70	558.28
2	437.44	450.56	459.57	482.55
1	366.18	377.17	384.71	403.95

 

Progression shall be annually from grade 1 through to grade 4

 

Classification: Trainee, Professional

 

A trainee professional is a person undertaking a course of study which will allow them admission to the grade of graduate member or equivalent of their professional association or institute.

 

Grade	4%	3%	2%	5%
	07/05/03	14/01/04	01/07/04	01/01/05
6	792.55	816.32	832.65	874.28
5	744.22	766.55	781.88	820.97
4	651.86	671.41	684.84	719.09
3	598.71	616.67	629.00	660.45
2	549.99	566.49	577.82	606.71
1	495.93	510.81	521.02	547.07

 

Progression shall be annually from grade 1 through to grade 6.

 

60.  Allowances

 

Allowances Increase In Line With Wage % Increases

 

Part B

 

Table 1. Allowances

 

Item No.	Clause No.	Description	Amount
			$
1	21	Early Morning Shift	5.87
		Afternoon Shift	12.57
		Night Shift	12.57
2	23 (h)	On Call (week being 7 days)	240.00 per week
		On Call Weekday	32.00 per day
		On Call Weekend	40.00 per day
	23 (ix)	On Call Short Notice	40.00 per day
3	23 (iii)	On Call Duty Officer	240.00 per week
	23 (v)	Officer in Charge	240.00 per week
4	28 (v)(e)(f)	Meal Allowance	10.40 per meal
5	45	Living Away Lunch	15.66
		Living Away Dinner	26.06
		Living Away Breakfast	10.30
		Overnight Allowance (camping)	20.60
6	46	First Aid Allowance	1.83 per day
7	47	Leading Hand Allowance	0.93 per hour
8	49	area climate allowance	1.03 per day
9	50	Aircraft Allowance	11.43 per day
10	51	Climbing Allowance	16.99 per day
13		Dirty Dangerous Conditions	8.86 per week

 

61.  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 (eg 8.00am) on their next standard working day.

 

 

 

62.  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, (eg 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 (eg 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

 

I 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 Inlands 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 employee representing the Sick and Personal Carer’s Leave Committee;

 

A nominated union official representing the relevant employee, as agreed by the Unions

 

For individual case management review, the relevant manager and union official will be involved.

 

63.  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.

 

There are three types of parental leave. All provide for a minimum entitlement of unpaid leave.

 

 

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.

 

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 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.

 

64.  Appendix 4

 

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

 

 

 

Calculation for Redundancy Entitlement

 

Current Entitlement	4 weeks in lieu	1 week if	3 week per year	Additional	Total
		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

 

65.  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.

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.