State
Transit Authority Division of the New South Wales Government Service Bus Engineering
and Maintenance Enterprise (State) Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 258 of 2012)
Before The Honourable
Mr Justice Staff
|
4 April 2012
|
REVIEWED
AWARD
PART A
1. Award Title
This Award is entitled the "State Transit
Authority Division of the New South Wales Government Service Bus Engineering
and Maintenance Enterprise (State) Award 2012".
2. Arrangement
Clause No. Subject Matter
1. Award
Title
2. Arrangement
PART I - APPLICATION AND OPERATION OF AWARD
3. Anti-Discrimination
4. Area,
Incidence and Duration
5. Introduction
6. Contestability
PART II - FLEET OPERATIONS DIVISION - FUNCTIONS, PERFORMANCE
AND FLEXIBILITIES
7. Work
Practices
8. Application
Of Skills
9. Flexibility
10. Job Time
Recording
11. Job
Costing/Time Recording
12. Performance
Indicators
13. Bench
Marking
14. Special
Maintenance Programs
PART III - MAINTENANCE CLASSIFICATIONS
15. Fleet
Operations Division
16. Career Path
17. Career Path
Development
18. Classification
Definitions
PART IV - EMPLOYMENT RELATIONSHIP
19. Employer
and Employee Duties
20. Performance
of Work
21. Employment
Relationship
22. Contracting
23. Apprenticeships,
Traineeships and Cadetships
24. Adult
Apprentice Wage Rates
25. Apprentices
26. Temporary
Staff / Employees
27. Non Trade
Related Bus, Yard and Depot Facilities Functions
28. Abandonment
of Employment
29. Termination
of Employment
30. Job
Security
PART V - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK AND
RELATED MATTERS
31. Ordinary
Hours of Work
32. Shift Work
33. Overtime
34. Saturday
Time
35. Sunday Time
36. Rosters
37. Rostering
Arrangements
38. Change of
shift
39. Blank
40. Higher Duties
41. Attending
Office
42. Meal and
Rest Breaks
PART VI - LEAVE AND PUBLIC HOLIDAYS
43. Annual
Leave
44. Long
Service Leave
45. Personal
Leave
46. Parental
Leave
47. Maternity
Leave
48. Adoption
Leave
49. Jury
Service
50. Blood
Donors Leave
51. Public
Holidays
52. Clearance
of Public Holidays and Picnic Days
PART VII - WAGES AND RELATED MATTERS
53. Payment of
Wages
54. Wage
Increases
55. Salary
Sacrifice for Superannuation
56. Wage Rates
57. Supported
Wage Systems
58. Allowances
PART VIII - TRAINING
59. Training
60. Training
Costs
61. Learning
and Development Committee
62. Training
for Relief Leading Hands
PART IX - COMMUNICATION / CONSULTATION
63. Consultative
Mechanism and Procedure
64. Communications
and Consultation
65. Consultative
Committee
66. Productivity
Committee
67. Introduction
of Change
68. Delegates
69. Right of
Entry of Union Officials
PART X - GENERAL
70. Drugs and
Alcohol
71. Renegotiation
72. Dispute
Settlement Procedure
73. No Extra
Claims
PART B
Schedule A - Wages and Allowances Tables
Schedule B - Maintenance Structure (See File)
3.5.3 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
3.6 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.
4. Area, Incidence
and Duration
4.1 This Award comes
into force from the first full pay period to commence on 1 January 2012 and
shall remain in force until 31 December 2012.
4.2 This Award is
binding upon:
4.2.1 the State Transit
Authority Division of the New South Wales Government Service, Transport for
NSW (the Employer) and;
4.2.2 Employees of the State
Transit Authority Division of the New South Wales Government Service, Transport
for NSW who are engaged in any of the classifications or occupations specified
in this Award, and
4.2.3 the Rail, Tram
and Bus Union (NSW Branch), and
4.2.4 the Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union, New South
Wales Branch, and
4.2.5 the Electrical
Trades Union of New South Wales, and
4.2.6 the Construction,
Forestry, Mining and Energy Union (NSW Branch), and
4.2.7 The Australian
Workers Union, New South Wales.
4.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 4 April 2012.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
5. Introduction
5.1 The parties
acknowledge the following provisions underpin the effective operation of this
Enterprise Award:
5.1.1 The parties will
continue to work toward securing State Transit’s long term viability by
ensuring State Transit meets its performance requirements under the Metropolitan
Bus Systems Contract regime (MBSC) and the Outer Metropolitan Bus Systems
Contract regime (OMBSC) .
5.1.2 The parties are
committed to upholding State Transit’s values to be honest, dependable and
dedicated.
5.1.3 The need for
ongoing and continuous change and reform is acknowledged and the parties are
committed to positively and constructively support initiatives designed to
improve service efficiency and State Transit’s financial position.
5.1.4 It is
acknowledged that the process of change and reform will impact on
organisational structure, position gradings and staff numbers.
5.1.5 The parties are
committed to the Government’s policies on redeployment and redundancy:
(a) Part time and casual
Employees will not be used to disadvantage redeployment opportunities for
existing Employees;
(b) Preference will
be given to retraining and redeployment in lieu of redundancy.
5.1.6 The parties
acknowledge that changes to timetables, rosters and work arrangement are
necessary from time to time to meet operational requirements. When these
changes occur it is the Employer’s intention to build rosters in accordance
with existing Award conditions, as efficiently as practicable, while attempting
to minimise any adverse impact on income levels resulting from the
implementation of such changes.
5.1.7 There is no
commitment to predetermined levels of overtime or shift work arrangements and
the Employer will determine whether overtime is to be worked on an as needs
basis, while shifts are determined by operational requirements.
5.1.8 Initiatives
identified and used to offset wage increase in prior Industrial Instruments
that have not been implemented will not be relied upon to justify and support
wage increases in this Award. It is acknowledged that should such initiatives
be introduced and the benefit gained from such initiatives exceed expectations
when previously proposed, that the superior outcome be taken into account when
considering future wage increases.
5.1.9 Any wage increase
agreed to in this Award will be generated by improvements and efficiencies in
the way Employees undertake the work required to be performed.
6. Contestability
The parties acknowledge that, in accordance with New South
Wales Government Service Competition Policy, non-core activities may be
subjected to contestability against external service providers from time to
time.
PART II - FLEET OPERATIONS DIVISION - FUNCTIONS, PERFORMANCE AND
FLEXIBILITIES
7. Work Practices
7.1 It is
acknowledged there have been significant changes by Employees in the areas of
multi-skilling and flexible work practices. In order to allow cost-effective
maintenance and repairs to the State Transit bus fleet, the parties agree that
all Employees will perform their allocated duties in an efficient and timely
manner in order to ensure quality standards are met.
7.2 The parties
agree that no artificial barriers will be created to inhibit Employees carrying
out duties in which they are competent. Competence is acknowledged as being
suitably qualified, licensed (where applicable) or having received any other
recognised training either on-site or off-site.
8. Application of
Skills
8.1 The parties acknowledge
there is a joint commitment to the development of a highly skilled and flexible
workforce with a need to provide Employees with greater employment
opportunities through appropriate training. In addition there is a need to
remove barriers that prevent Employees from fully utilising their acquired
skills.
9. Flexibility
9.1 From time to
time when performing repairs or replacement of units there is a need for
assistance. Where a tradesperson is performing work and requires assistance,
that assistance can be in the form of another tradesperson from the same trade,
or another trade, or a non-trade Employee.
9.2 Engineering
Repair Assistants who are interested in being trained in Storeperson’s work
(receive, pick, issue) for the purpose of carrying out relief to that position,
will be trained and when required, perform this work.
9.3 Employees
covered by this Award who are interested in being trained to assist in the
stock take of the store, will be trained and undertake the work when required.
9.4 Changeovers -
Where a tradesperson is not available, changeovers and retrievals may be
performed by any Employee who holds the necessary licence for the bus
concerned. Where the defect has a safety implication (eg Brakes, Steering) a
motor mechanic is to be utilised.
9.5 Transfer of
buses - Any State Transit Employee, who holds the necessary licence for the bus
concerned, may be utilised to transfer buses between Depots or from Depot to
contractor and return.
9.6 Rostering - The
parties acknowledge that the ability of State Transit to meet its obligations
in providing a safe and efficient bus service is reliant on many different
components. An area of particular importance in a garage is the need to have in
place rosters that are arranged in such a manner, to ensure that the most
economical and appropriate level of coverage is available.
9.6.1 Where rosters at
a location do not adequately meet this requirement, they will be reviewed and
constructed within Award requirements, to achieve the desired level of
coverage.
9.6.2 State Transit
recognises the need for consultation with staff prior to the introduction of
changes to rosters. As part of that consultative process there is a need to
take into consideration the business needs of State Transit and also not to
place unreasonable demands upon Employees.
9.6.3 Where the parties
cannot agree on appropriate rosters the Dispute Settlement Procedure as
contained in Clause 72 is to apply.
9.7 Distribution of
Work - In the absence of supervisory staff, tradespersons on duty will
distribute work amongst staff to ensure bus operational requirements are met.
10. Job Time
Recording
10.1 An agreed system
of job time recording is in place at garages to effectively monitor time
involved in the various repair functions. The system is used as an accounting
and planning tool and not for the assessment of individual performance. Any
alteration or introduction of new technology in relation to job time recording
will be undertaken in consultation with Employees and their representatives.
11. Job Costing/Time
Recording
11.1 The time taken to
perform the particular task/s is to be imputed into Ellipse as part of the
maintenance process by the Leading Hand or tradesperson.
11.2 Roads and Traffic
Authority or its successor and Ministry of Transport requirements are to be met
when establishing the processes.
11.3 Facilities are to
be provided at Depots and staff utilised to input the information.
12. Performance
Indicators
12.1 It is agreed by the
parties that the spirit and intent of this Award is to meet the standards and
service criteria contained in subclauses 12.2.
12.2 The parties will
fully co-operate in this process and commit themselves to make every endeavour
to meet standards set for the term of this Award.
12.2.1 Workers
Compensation costs and lost time due to injury
The parties commit themselves to achieving a reduction
in Workers Compensation costs. The number of claims, their implications and
associated days lost due to compensable injuries determines these costs.
Therefore a reduction in costs, days lost and
compensation claims are to be achieved through the following:
(a) Monitoring of
injury statistics to identify major causes of injuries and how those injuries
can be prevented.
(b) Early
intervention to sponsor an early return to work in accordance with WorkCover
Rehabilitation Guidelines.
(c) OH&S
training for convenors, chairpersons and members of OH & S Committees to
assist in the identification and correction of hazards at the workplace.
12.2.2 Bus Reliability
Reliability and availability of buses is a critical
factor in providing and maintaining the required level of customer service. The
current level of changeovers needs to be reduced to avoid dislocation and cancellation
of services.
It is proposed that changeovers need to be reduced by
giving priority to defects that impact on fleet availability. It is
acknowledged some defects are due to component failure and therefore
investigation as to the quality of the product and alternate suppliers need to
be constantly evaluated.
12.2.3 Bus Peak
Requirements
The operating needs of Depots within the Division vary
considerably due to customer demand within their area of operation. While the
fleet size of each Depot varies, there are definite AM and PM periods during
which the highest number of buses are required to meet service needs.
To ensure sufficient mechanically sound, safe and
presentable buses are available to meet service requirements at each Depot on a
daily basis, the parties are committed to monitor results, through the
consultative process, to identify and rectify impediments to achieve the bus
peak requirements.
13. Bench Marking
13.1 The bench marking
of performance is a common application used by organisations to determine the
level of performance within their organisation and how they compare with
outside organisations. In doing so it provides the ability to identify total
costs and performance and compare those with outside industry. It also provides
the opportunity to identify particular functions within the organisation that
may be at variance within that organisation or where those functions are
performed by outside industry.
13.2 There is a
commitment by all parties to improve performance by identifying best practice
which represents cost effectiveness and quality in both job time and work
practice and adopt them as early as possible, as the standard across every
Depot.
14. Special
Maintenance Programs
14.1 From time to time
there is a requirement for specific programs to be put in place to perform
modifications to the bus fleet. To effect these repairs there is normally a
team approach, with the team working under the guidance of a core tradesperson
who would normally perform the work. This arrangement has proven effective in
addressing the modification requirements and at the same time providing an
opportunity for all staff to be involved and have ownership of the process.
14.2 If programs are
required to modify the fleet it is proposed that the abovementioned teams
approach may be applied in accordance with clause 7. Prior to the commencement
of such work full details of the program and work to be performed is to be
presented to the Depot Consultative Committee.
PART III - MAINTENANCE CLASSIFICATIONS
15. Fleet Operations
Division
15.1 The current
structure for the Fleet Operations Division is shown in the organisation chart
at Schedule B of this Award.
15.2 The structure for
the Fleet Operations Division will include the position of Leading Hand
undertaking supervisory and trades based work.
15.3 For the purpose
of the payment of annual increment increases for Leading Hands, performance
assessments are to be completed by the Depot Service Manager prior to each
Employee’s anniversary of appointment to his/her current position.
15.4 Vacant Leading
Hand positions will be recruited from relief Leading Hands. In the event there
are no Leading Hand applications, the positions will be filled by advertising
the vacancy internally in the first instance, and then externally.
15.5 Permanent and
Relief Leading Hands will have access to State Transit’s Management Development
Training.
15.6 Relief Leading
Hand positions will be advertised within each respective Depot.
16. Career Path
16.1 Access to normal
career paths for Employees covered by this Award will be in accordance with
Schedule B.
16.2 Schedule B does
not seek to limit Employee’s access to other career path opportunities that may
be available under State Transit’s Merit Selection Policy, Higher Duties
Policy, or Study Assistance Policy.
16.3 Management is to
maintain an inventory of individual qualifications and skills for future career
development and utilisation of staff to achieve maximum performance.
17. Career Path
Development
17.1 In this Award,
the career path structure will contain five generic classifications, being:
(i) Engineering
Repair Tradesperson Mechanical
(ii) Engineering
Repair Tradesperson Electrical
(iii) Engineering
Repair Tradesperson Vehicle Building/Fabrication
(iv) Engineering
Repair Assistant
(v) Storeperson
17.2 Each of the above
classifications shall have a number of skill levels attached, which recognises and
defines the relevant experience, qualifications and rates of pay.
17.3 Trades or streams
for tradespersons are as follows:
17.3.1 Engineering Repair
Tradesperson Mechanical (Mechanic, Fitter)
17.3.2 Engineering Repair
Tradesperson Electrical (Auto Electrical, Electrical Mechanic, Electrical
Fitter)
17.3.3 Engineering Repair
Tradesperson Bodybuilding/Fabrication (Body Builder, Panel Beater, Trimmer,
Painter, Vehicle Painter, Welder, Plumber, Carpenter).
17.4 Subject to
subclause 17.6 and the competency of the Employee, to provide for genuine and
equitable career path opportunities, all Tradespersons and Engineering Repair
Assistants covered by this Award consistent with the career path structure will
progress from the lowest skill level to the highest skill level in their
classification within a reasonable period.
17.5 All Employees
will be required to perform the duties within their appropriate classification
when called upon to do so by the Employer.
17.6 The Employer will
determine the establishment for each level of Engineering Repair Assistant
employed to undertake bus cleaning functions and progression from the lowest
skill level to the highest skill level will be subject to vacancy at the
respective level as determined by the Employer.
18. Classification
Definitions
18.1 Engineering
Repair Tradesperson Level 1:
18.1.1 Craftperson
who holds a trade certificate or tradeperson rights certificate in one of the
single facet trades within a broad based trade in one of the
electrical/electronic mechanical or vehicle building/fabrication engineering
streams and is able to exercise skills and knowledge of that trade at the base
trade level.
18.1.2 Applies
quality assurance practices, exercises good interpersonal communication skills,
exercises basic keyboard skills as required, exercises discretion within the
scope of their trade, performs work under general supervision either
individually or in a team environment, utilises lifting equipment incidental to
their work, performs non-trade tasks incidental to their work, eg good
housekeeping.
18.1.3 On the
job training provided to enable incidental and peripheral tasks to be performed
for completion of the primary task.
18.1.4 A craftperson
from the electrical/electronic stream shall automatically progress to level 2
on satisfactory completion of the probation period.
18.2 Engineering
Repair Tradesperson Level 2:
18.2.1 Craftperson
working within one of the three broad engineering streams, integrating work
functions to a practical degree across allied trades within that stream to
provide sufficient flexibility to accommodate the completion eg tasks within
the stream and/or performing higher level technical tasks within a core trade
stream.
18.2.2 Levels
of integration of skills across allied trades and higher level tasks have yet
to be detailed, however, it is proposed that each tradesperson will work within
all facets of their trade as a basic requirement.
18.2.3 Has
completed skill modules relevant to the position. Responsible for minor testing
and quality assurance of own work, assists in the provision of on-the-job
training in conjunction with trainers and others, performs and assists in the
basic production and materials scheduling and the documentation of records
associated, all duties of Level 1 craftperson within the same engineering
stream as required, exercises discretion within the scope of this grade, works
under general supervision either individually or in a team environment,
provides trade guidance and assistance as part of a work team, undertakes fault
finding testing and inspections within their trade team.
18.3 Engineering
Repair Tradesperson Level 3
18.3.1 Craftsperson
working with levels of integration skills into other streams to allow
completion of tasks across a broad stream base and/or perform additional higher
level tasks within a core trade.
18.3.2 Level
of integration of skills across allied trades and streams and higher level
tasks have yet to be detailed, however, it is proposed that each tradesperson
will work within all facets of their trade as a basic requirement. Has
completed skill modules relevant to the position, assists in the provision of
training in conjunction with trainers and others, performs and assists in
production and materials scheduling and the documentation of records
associated, responsible for testing, diagnoses and fault finding of own work,
understands and implements casualty control techniques.
18.3.3 Performs
all functions of Level 1 and Level 2 within the same stream required. Provides
trade guidance and assistance as part of a work team, works under general
supervision either individually or in a team environment, utilises high
precision trade skills using various materials and or specialist techniques,
where applicable to the industry eg, applies basic computer numerical control
and numerical control techniques.
18.3.4 Where
applicable, be the holder of appropriate Motor Vehicle Repair Industry
Authority Certificate.
18.3.5 Optional
supervisory training available, which is not a criteria for progression to
Level 4.
18.4 Engineering
Repair Tradesperson Level 4
18.4.1 Craftsperson
working in other streams to complete the whole task within their skill levels
and/or performing tasks of a high technical nature, e.g. condition monitoring,
fault finding and diagnosis, performance testing and repair.
18.4.2 Has
completed skill modules or other training relevant to and required by the position,
assists in the provision of on-the-job training in conjunction with trainers
and others, performs and assists in production and materials scheduling and the
documentation of records associated, prepare reports of a high standard,
provides trade guidance and assistance as part of a work team, responsible for
quality assurance functions, typically performs operations on machinery or
equipment which utilises complex electrical/electronic circuitry or
hydraulic/pneumatic controls and exercises technical skills with associated
programming, works under limited supervision either individually or in a team
environment, works on complex or intricate interconnected electrical circuits.
18.4.3 Works
on instruments, which make up a complex control system, which utilises some
combinations of electrical, electronic, mechanical or fluid power principles,
applies advanced computer numerical control techniques, works on complex
radio/communication equipment.
18.5 Leading Hand
18.5.1 Craftsperson
undertaking trades based work at Level 4 and supervisory duties above and
beyond an Employee at Level 4. Leading Hands have completed management
development or related training and undertakes training of other Employees to
the level of his/her skills.
18.5.2 Supervises,
develops and co-ordinates the performance of trades, non-trades maintenance
Employees and contractors on a daily basis, as required, to ensure timely and
efficient completion of tasks. Undertakes administrative tasks and maintains
all associated maintenance records to support daily operations. Assists
management with all activities in implementing organisational strategies,
coordinates workshop resources and activities to support business requirements.
18.5.3 Craftsperson
working at Level 4 efficiently performing tasks of an advanced technical nature
to meet operational, business and regulatory requirements.
18.6 Engineering
Repair Assistant - Level 1 (new Employees)
18.6.1 Relativity
- Approximately 80% of tradesperson’s Award rate ERT Level 1.
18.6.2 An
Employee at this level performs routine duties essentially of a manual nature
and to the level of his/her training. An Employee will remain in this
classification for a minimum period of six months and a maximum period of
eighteen months. During that period of service his/her duties will include:
(a) General
labouring
(b) Routine cleaning
of buses, Depot facilities including amenities
(c) Exercising
minimal judgement
(d) Working under
direct supervision
(e) Undertaking
structured training so as to enable progression to Level 2, subject to
subclause 17.6.
18.7 Engineering
Repair Assistant - Level 2
18.7.1 Relativity
- Approximately 85% of tradesperson’s Award rate ERT Level 1.
18.7.2 An Employee
at this level will have completed up to three months of structured training so
as to enable the Employee to perform work within this level. An Employee at
this level performs work above and beyond the skills of an Employee at Level 1
and to the level of his/her training. Duties will include:
(a) All labouring,
cleaning, fuelling and Depot driving either individually or in a team
environment;
(b) Undertaking
basic quality control/assurance procedures for his/her work environment;
(c) Maintaining basic
record systems;
(d) Operating
Machinery eg Industrial Sweeper, Bus Wash, Industrial Vacuum, Lifting
Appliances, Streamspray, Hand Trolleys, Pallet Trucks;
(e) Holders of Class
C licences may be required to drive vehicles up to 2 tonnes, unloading store
trucks;
(f) Works under
direct supervision or individually under general supervision;
(g) Undertakes
training so as to enable progression to Level 3, subject to subclause 17.6.
18.7.3 Trainee
Storeperson will perform basic inventory control and record keeping, receiving,
dispatching, issuing, distributing, sorting, checking, packing, documenting and
recording of stores, materials and components.
18.8 Engineering
Repair Assistant - Level 3
18.8.1 Relativity
- Approximately 87.5% of tradesperson’s Award rate ERT Level 1.
18.8.2 An
Employee at this level will have completed a technical college certificate or
up to 6 months equivalent of structured training so as to enable the Employee
to perform work at this level. An Employee at this level performs work up to,
including and beyond the skills of an Employee at Level 2 and to the level of
his/her training. Duties will include:
(a) Labouring,
cleaning, fuelling, Depot driving as required;
(b) Operating machinery
and equipment requiring the exercise of skills and knowledge beyond that of an
Employee at Level 2;
(c) Undertaking
quality control/assurance procedure for his/her work;
(d) Exercising
discretion within his/her level of skills of training;
(e) Maintaining
record systems;
(f) Performing
oiling and greasing functions;
(g) Assisting
tradespersons as required, exercising some non-trades engineering skills;
(h) Basic keyboard
skills and data entry of records;
(i) Operating
mobile equipment;
(j) Working under
routine supervision either individually or in a team environment;
(k) Assisting in the
provision of on-the-job training for Levels 1 and 2 in conjunction with
tradespersons and supervisor trainees;
(l) Undertakes
training so as to enable progression to Level 4, subject to subclause 17.6.
18.9 Engineering
Repair Assistant - Level 4
18.9.1 Relativity
- Approximately 92.5% of tradesperson’s Award rate ERT Level 1.
18.9.2 An Employee
at this level will have completed a technical college certificate or up to
twelve months equivalent of structured training so as to enable the Employee to
perform work at this level. An Employee at this level performs work above and
beyond the skills of an Employee at Level 3 and to the level of his/her
training. Duties will include:
(a) Performing tasks
using basic written, spoken or diagrammatic instruction in conjunction with
supervisors/trainees;
(b) Coordinating
work in a team environment or works individually under minimal supervision;
(c) Being
responsible for assuring the quality of his/her own work and performs basic
quality checks on the work of others, supervising cleaning operations;
(d) Using tools and
equipment within the scope (basic non-trades) of maintenance of vehicles;
(e) Stripping/rebuilding
tyres to rims, carrying out minor repairs to tyres, changing wheels and all
work associated therewith;
(f) Maintaining
record systems and compile reports;
(g) Performing all
lubrication and fuelling functions;
(h) Operating
machinery and equipment including lifting equipment, fork lift and cranes.
18.10 Storepersons -
Jointly developed Employer and Employee competencies for Storeperson Level 1
and 2 will be utilised to assess and develop Storepersons covered under this
Award.
18.11 Storeperson Level
1
18.11.1 Relativity
- Approximately 92.5% of Tradespersons Award rate ERT Level 1.
18.11.2 An
Employee at this level will have completed a technical college certificate or
up to twelve months structured training so as to enable the Employee to
perform work at this level. An Employee at this level
performs all of the work of ERA Level 4 and to the level of his/her training
and stores duties as follows:
(a) Licensed operation
of all materials handling equipment;
(b) Using tools and
equipment within the scope of the stores operations;
(c) Intermediate
computer and keyboard skills;
(d) Driving vehicles
of up to 10 tonnes capacity;
(e) Locating,
receiving, checking, issuing and despatching and delivery of stores;
(f) Arranging
routine transport as required;
(g) Maintaining
inventory systems, stock levels, undertaking stock checking, stock taking, and
cycle counting functions as required;
(h) Responding to
stores customer needs as required;
(i) Maintaining
record systems and files;
(j) Using a range
of office equipment;
(k) Planning and
organising personal work activities;
(l) Following
organisational stores procedures;
(m) Applying
organisational OH & S, environment, dangerous goods and regulatory
procedures;
(n) Training stores
personnel within skill levels.
18.12 Storeperson -
Level 2
18.12.1 Relativity-
Approximately 98.6% of tradesperson’s Award rate ERT Level 1.
18.12.2 An Employee
at this level will have completed a relevant technical college certificate, or
possess experience at Storepersons Level 1 having received twelve months
structured training so as to enable the Employee to perform work at this level.
An Employee at this level performs all of the work of Storeperson Level 1and to
the level of his/her training and the stores duties as follows:
(a) Drafting
correspondence;
(b) Producing
reports, using and analysing information;
(c) Planning and
organising team or personal work activities;
(d) Maintaining
warehouse/stores workflow;
(e) Planning,
organising and locating stock in warehouse/store sub sections as required;
(f) Identifying and
rectifying problems and deficiencies with storage and supply;
(g) Implementing
routine solutions and monitoring effectiveness;
(h) Recommending and
applying specific product and inventory knowledge to respond to stores and
customer needs;
(i) Arranging
unusual or non-routine transport as required;
(j) Applying and
promoting quality and continuous improvement;
(k) Identifying
development needs of, and training stores personnel, assisting with evaluation
and records.
PART IV - EMPLOYMENT RELATIONSHIP
19. Employer and
Employee Duties
19.1 With the exception
of casuals Employees, all Employees covered by this Award shall be deemed to be
employed by the week.
19.2 The Employer may
direct an Employee to carry out such duties where practical, as are within the
limits of the Employee’s skills, competence and training consistent with the
classification levels.
20. Performance of
Work
20.1 All Employees
shall carry out the duties as directed by their supervisor/manager, provided
the duties to be performed are within their skill, competence and training.
21. Employment
Relationship
21.1 Subject to the
terms contained in this clause an Employee covered under this award can be
engaged on a full time, part time, casual (subject to clause 27) or temporary
basis (subject to clause 26).
21.2 All Employees covered
under this award can be employed on a part time basis on request, in accordance
with Part 5 of the Industrial Relations Act 1996 (NSW), subject to the
agreement of the Employer.
21.3 Part time
employment may be offered to Engineering Repair Assistants employed to
undertake bus cleaning functions.
21.4 Nothing in this
Award prevents a party to this award from making an application in accordance
with section 21(1)(f) of the Industrial Relations Act 1996 (NSW) for
part time Employees in other areas covered by this Award.
21.5 Employees engaged
on a part time basis will work, on average, less ordinary hours per week than
Employees engaged on a full-time basis (i.e. less than 38 ordinary hours per
week), and receive on a pro rata basis the equivalent pay and conditions of
full time Employees of the same classification.
21.6 Part time
Employees will only be entitled to overtime rates for hours worked where a full
time Employee would ordinarily receive overtime rates had they worked those
hours (eg more than 38 hours per week).
22. Contracting
22.1 Maintenance work
may be contracted out to meet peak demands, special projects and the need for
specialised skills unavailable in house.
22.2 Wherever practicable
the Employer will use existing Employees to carry out work within their
capabilities to achieve the requirements of genuine productivity targets and
benchmarks aligned with the objectives of corporate goals and bus reform
initiatives.
22.3 Prior to work
being contracted out, management will consult with the relevant union delegates
on the scope of work, reason and circumstances for the decision.
22.4 Every effort will
be made to minimise the use of contractors by adopting a skill transfer strategy
to ensure that specialised skills held by contractors are transferred to
Employees where appropriate.
23. Apprenticeships,
Traineeships and Cadetships
23.1 The Employer is
committed to the apprenticeship program. The number of apprentices are based on
business needs and natural attrition rates or qualified trade Employees.
23.2 During the life
of the Award, the Employer is prepared to review the yearly intake of
apprentices.
23.3 The engagement of
apprentices and trainees is governed by the applicable NSW legislation.
23.4 Apprentices and
trainees undertake training in compliance with the Australian Quality Training
Framework (or equivalent) as amended from time to time.
23.5 Where the
Employer proposes to employ apprentices or trainees in a new classification,
State Transit will consult with the relevant Union/s on the proposal.
23.6 The Employer may
employ trainees using the Australian Apprenticeship Incentive Program (AAIP) or
equivalent, where applicable. AAIP allows existing Employees to be considered
as trainees for the purpose of acquiring recognised industry qualifications.
This does not alter the classification or entitlements of existing Employees.
23.7 The minimum
weekly wage for an apprentice will be derived by applying the relevant yearly
percentage (%) shown below, to the rate of pay of a Engineering Repair
Tradesperson Level 1, as shown in Schedule A. This pay rate will be exclusive
of any relevant allowances payable, eg Industry Allowance and Tool Allowance.
YEAR
|
PERCENTAGE
|
First Year
|
50%
|
Second Year
|
60%
|
Third Year
|
75%
|
Fourth Year
|
88%
|
24. Adult Apprentice
Wage Rates
24.1 Where an Employee
is engaged under this Award as an Engineering Repair Assistant or Storeperson prior
to becoming an adult apprentice, they shall receive which ever is the greater
between the rate of pay for the position previously held and that for an
apprentice.
24.2 Subject to the
exclusion of adult apprentices nominated under this Award, all other adult
apprentices shall be paid which ever is the greater of an Engineering Repair
Assistant Level 2 as provided for under this Award, or the rate of an
Apprentice.
24.3 An adult
apprentice is an apprentice engaged by State Transit after turning 21 years of
age.
25. Apprentices
25.1 Apprentices shall
be employed in one or more of the following trades: Electrical Fitter,
Electrical Mechanic, Motor Mechanic, Auto Electrician, Body Builder, Panel
Beater, Vehicle Painter and any other calling to meet the Employer’s trade
requirements.
25.2 The probationary
period of an apprentice shall be as set out in the training agreement or
contract of apprenticeship consistent with the requirement of the
apprenticeship authority and with State legislation but shall not exceed three
months.
25.3 All apprentices
shall attend the appropriate technical courses.
25.4 The terms of this
Award will apply to apprentices, including adult apprentices, except where it is
otherwise stated or where special provisions are stated to apply. Apprentices
may be engaged in trades or occupations provided for in this clause where
declared or recognised by an Apprenticeship Authority. Subject to appropriate
State legislation, the Employer shall not employ an unapprenticed junior for a
trade or occupation provided for in this clause.
25.5 Apprentices
attending technical colleges or schools or registered training organisations or
TAFE and presenting reports of satisfactory conduct shall be reimbursed all
fees paid by them.
25.6 Except as
provided in this clause or where otherwise stated all conditions of employment
specified in the Award shall apply to apprentices. Notice of termination and
redundancy provisions shall not apply to apprentices. The ordinary hours of
employment of apprentices shall not in each enterprise exceed those of the
relevant tradesperson.
25.7 The wage rates of
apprentices as specified in subclause 23.7 may be varied with the approval of
relevant parties to the Award according to the apprentice affected, and the
relevant apprenticeship authority to allow for progression between wage levels
based on the gaining of agreed competencies and/or modules instead of the year
of the apprenticeships. For example, the appropriate proportion of the minimum
training requirement associated with the year of the apprenticeship could only
be used to identify progression from one percentage rate to the next.
25.8 No apprentices
under the age of 18 years shall be required to work overtime or shift work
unless they so desire. No apprentice shall, except in an emergency, work or be
required to work, overtime, or shift work, at times, which would prevent their
attendance in training consistent with the contract of the training agreement.
25.9 No apprentice
shall work under a system of payment by results.
25.10 Lost time
apprentices are required to serve an additional day for each day of absence
during each year of their apprenticeship, except in respect of absences due to
Annual Leave or Long Service Leave. The following year of their apprenticeship
does not commence until the additional days have been worked. However, any time
that has been worked by the apprentice in excess of their ordinary hours shall
be credited to the apprentice when calculating the amount of additional time
that needs to be worked in the relevant year.
26. Temporary Staff /
Employees
26.1 It is agreed that
temporary staff can be employed within the Bus Engineering Division.
Temporary staff will be recruited for special project
work of a fixed duration that is over and above normal work requirements of
full time Employees, or where there is a shortage of staff due to sickness,
Extended Leave etc. that will entail or involve greater than four weeks work.
The employment of temporary staff will not impinge upon permanent Employees but
will serve as a management tool to reduce excess hours of work and to meet work
requirements. The following conditions are to apply to the employment of
temporary staff:
26.1.1 Subject
to subclause 26.1.2 herein Employees and Employee representatives are to be
consulted 30 days prior where special projects are involved, seven days when
staff shortage occurs due to long term unforseen circumstances, before
employing temporary staff.
26.1.2 All
avenues of using existing State Transit Employees are to be explored.
26.1.3 Temporary
Employees are to be directly employed by State Transit.
26.1.4 Temporary
Employees will be entitled to the same wages and conditions of full time
Employees, except for study assistance and appeal rights with Sick Leave
available only when accrued.
26.1.5 Temporary
Employees will receive the same pass entitlements of full time Employees.
26.1.6 Temporary
Employees will be employed for no less than one month and where required for
greater than 12 months to be permanent staff.
26.1.7 Services
may be terminated at any time by either party, providing one week’s notice is
given.
26.1.8 Temporary
staff will not be utilised to cover current Annual Leave clearance.
27. Non Trade Related
Bus, Yard and Depot Facilities Functions
All Duties and functions not related to the repair and
mechanical maintenance of buses, and the duties and functions related to the
cleanliness and general appearance of depot yards will be undertaken by
non-trade employees covered by this award. This will include, but not be
confined to, the cleaning of buses, yards and depot facilities.
27.1 Existing
employees of STA who currently undertake such duties and are classified as
Engineering Repair Assistants remain covered by the terms and conditions of
this award on and from the date of operation of this award.
27.2 Employees
employed after the commencement of this award to undertake such duties
described above shall be covered exclusively by the terms and conditions of
this award.
27.3 Existing
employees of STA who currently undertake such duties and are not classified as
Engineering Repair Assistants shall have the option of transferring to the
terms and conditions of this award.
27.4 Under this clause
a ‘casual Employee’ shall mean an Employee who is engaged and paid as such.
27.5 Casual Employees
shall be paid at an hourly rate equal to the appropriate hourly rate prescribed
for a full-time Employee for such work with the addition of a 20% casual
loading. In the event a casual Employee becomes a full time or part time
Employee, the casual loading will not be payable.
27.6 A casual Employee
when working on a holiday or any time for which a weekly Employee is paid above
the weekly Employee’s ordinary rate or pay, must be paid the appropriate rate
paid to the weekly Employee of the same class working at such time with the
addition of 20%.
27.7 The casual
loading is in recognition of the casual nature of the employment and
compensates the Employee for all leave, and all incidence of employment, except
overtime, unless prescribed otherwise eg. Legislative provisions that may
provide Long Service Leave for casuals.
27.8 Unless prescribed
otherwise, casuals are not entitled to any paid leave.
27.9 A casual employee
required to attend for duty and who does attend for duty, shall be entitled to
a minimum payment of three hours’ work at the appropriate rate.
27.10 State Transit shall
not require an existing permanent Employee to become a casual Employee.
27.11 State Transit
shall take all reasonable steps to provide Employees with secure employment by
maximising the number of permanent positions in the workforce. A casual Employee
may be employed to meet intermittent, short term, irregular work requirement or
where a legitimate need for casual Employees arises.
27.12 A casual’s
employment commences at the beginning of a particular shift and ceases at the
end of that shift.
27.13 Only the relevant
provisions of this Award will apply to casual Employees, that is the provisions
that would ordinarily apply to casual Employees. The following clauses of this
Award specifically do not apply to casual Employees:
(a) Clause 16 -
Career Path, and Clause 17- Career Path Development
(b) Clause 28 -
Abandonment of Employment
(c) Subclause 29.2 -
Notice of Termination
(d) Clause 30 - Job
Security
(e) Clauses
contained in Part VI - Leave and Public Holidays of this Award with the exception
of subclauses 51.7 and 51.8 which will continue to apply to casual Employees
required to work on a public holiday, and clause 46 - Parental Leave (which
only applies to Regular casual Employees).
(f) Clause 55 - Salary Sacrifice for Superannuation.
(g) Clause 59 -
Training, Clause 60 - Training Costs, and Clause 62 Training for Relief Leading Hands
27.14 Notwithstanding
the intentions of sub-clause 27.3 a party to this Award is at liberty to make
an application in accordance with section 21(1) (g) of the Industrial Relations
Act 1996 (NSW) for casual Employees in all areas covered by this Award.
28. Abandonment of
Employment
28.1 Where an
Employee, within a period of 21 days from their last day of scheduled attendance
for work, fails to establish, to the satisfaction of the Employer, that their
absence is for a reasonable cause, the Employee will be deemed to have
abandoned their employment.
28.2 Prior to
employment being deemed to be abandoned, the following procedure will be
applied by the Employer:
28.2.1 the
Employer will forward a letter (the First Letter) by registered mail or courier
to the last known address of the Employee requesting the Employee contact the
Employer within seven (7) days of the date of service of the First letter, and
provide a satisfactory explanation for their absence.
28.2.2 where
an Employee contacts the Employer and claims their absence is due to illness or
injury, the Employer will allow a period of seven (7) days from the date of
service of the First Letter for the Employee to supply a medical certificate/s
supporting the whole of the absence.
28.2.3 Where
the Employee fails to acknowledge the First Letter or no satisfactory
explanation or supporting medical certificate supporting the whole of the
absence is provided by the Employee to the Employer, a second letter (the
Second Letter) will be sent to the Employee advising the Employee to contact
the Employer within seven (7) days of service of the Second Letter.
28.2.4 The Second
Letter shall include advice to the Employee that their employment will be
deemed to have been abandoned if they continue to fail to attend for work or
fail to provide a satisfactory explanation or medical certificate supporting
the whole of the absence.
28.3 For the purpose
of this clause service of the First Letter and/or Second Letter will be
effected by means of either personal service or by leaving the letter at the
last address nominated by the Employee to the Employer as their home address.
29. Termination of
Employment
29.1 State Transit
shall, upon receipt of a request from an Employee whose employment has
terminated, provide to an Employee a written statement specifying the period of
his or her employment and the classification of or type of work performed by
the Employee. This will be provided where practical on the last day of work or
as agreed with the Employee.
29.2 Notice of
Termination
29.2.1 In
order to terminate the employment of an Employee the Employer must give to the
Employee the following notice:
Period
of service
|
Period
of Notice
|
|
|
Not more than 1 year
|
1
week
|
More than 1 year and up to 3 years
|
2
weeks
|
More than 3 years and up to 5 years
|
3
weeks
|
More than 5 years
|
4
weeks
|
29.2.2 In addition
to the notice in 29.2.1, Employees over 45 years of age at the time of giving
of the notice with not less than two years service, are entitled to an
additional weeks notice.
29.2.3 Payment
in lieu of the notice prescribed in 29.2.1 and 29.2.2 must be made if the
appropriate notice period is not given, provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
29.2.4 In
calculating any payment in lieu of notice, the wages an Employee would have
received in respect of the ordinary time he or she would have worked during the
period of notice, had their employment not been terminated, must be used.
29.2.5 The
period of notice in this clause does not apply in the case of dismissal for
serious misconduct, or in the cases of apprentices or casual Employees.
29.3 Upon termination
of employment wages due to an Employee shall be paid on the day of such
termination or forwarded by post on the next working day.
29.4 Where an Employer
has given notice to an Employee, an Employee shall be allowed up to one day’s
time off without loss of pay for the purpose of seeking other employment The
time off shall be taken at times that are convenient to the Employee after
consultation with the Employer.
30. Job Security
30.1 State Transit is
unable to provide an unequivocal assurance that at some time in the future,
circumstances will not change and that State Transit will not seek changes to bus
maintenance functions that could have an impact on staffing levels. Excess staff will be managed in accordance
with State Government and State Transit policies for the management of excess
staff.
30.2 The object of
this Award is to support our planned growth of business by increasing
efficiency and productivity through a cooperative approach between management
and Employees.
PART V - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK AND RELATED
MATTERS
31. Ordinary Hours of
Work
31.1 Where not already
applicable, the ordinary hours of work will be 152 hours over a four week work
cycle.
31.2 The ordinary
hours of work prescribed herein may be worked on any day or all of the days of
the week subject to subclause 31.4.
31.3 The ordinary
hours of work prescribed herein for day workers shall be between 6.00am and
6.00pm, provided the spread of hours may be altered by mutual agreement between
the Employer and the majority of Employees in the section or sections
concerned. Provided further that work prior to the spread of hours fixed in
accordance with this subclause for which overtime rates are payable shall be
deemed for the purpose of this subclause to be part of the ordinary hours of
work.
31.4 The ordinary
hours prescribed herein shall not exceed twelve hours in any day, provided that
in any arrangement of ordinary hours where the ordinary working hours are to
exceed eight on any day, the arrangement of hours shall be subject to the
agreement of the Employer and the majority of Employees in the section or sections
concerned, and relevant unions.
31.5 Ordinary hours of
labour may be worked to provide for one hundred and fifty two (152) hours work
in four weekly cycles to enable Employees to have additional time-off duty by
accruing additional working time on other working days. Such hours are to be
arranged within shift limits specified in 31.3.
31.6 Employees off
duty on paid Sick Leave, approved leave, Annual Leave, Jury Service,
Bereavement Leave or on public holidays shall not have their entitlement to a
rostered day off affected.
31.7 Subject to
Employer approval, an Employee may alter the day due to be a rostered day off.
31.8 Employees
directed to attend duty but not required or who have been directed to attend
and subsequently told that they are not required on that day shall be paid a
half of a days pay unless notice that they will not be required has been given
at their residence two hours before the time at which they were to commence
duty, or prior to leaving their residence to attend duty where the normal
travel time between residence and place of work is greater than two hours.
32. Shift Work
32.1 Definitions for
the purpose of this clause:
32.1.1 Afternoon
shift means any shift finishing after 6.00pm and at or before midnight.
32.1.2 Night
shift means any shift finishing subsequent to midnight and at or before 8.00am.
32.1.3 Regular
afternoon or night shift means an afternoon or night shift, which by
established custom, constitutes a normal feature of the work for any group or
class of Employees and which is normally in operation for at least five nights
each week; where such shifts are not a normal feature of the work for any group
or class of Employees and should they be introduced they shall be regarded as
regular afternoon or night shifts after they have been in operation for more
than four consecutive weeks.
32.1.4 A shift
worker is an Employee who works regularly (day by day) to a roster which
provides for work being performed during hours which result in a shift work
allowance entitlement, or an Employee who works regularly to a roster which
provides for work being performed on seven days of the week.
32.2 Employees working
on afternoon or night shift shall be paid as follows:
32.2.1 Regular
afternoon or night shifts - those required to take their turn on regular
afternoon or night shifts shall be paid 15 per cent more than the ordinary rate
for each such shifts worked.
32.2.2 Other
than regular afternoon or night shifts - when other than regular afternoon or
night shifts are worked Employees called upon to work such shifts shall be paid
for the first five nights then shifts after the first five nights up to a
period of four weeks from the commencement of such shifts shall be paid at the
rate of 20 per cent more than the ordinary rate for each of such shifts worked;
if the shifts continue for more than four weeks then Employees working on such
shifts shall be paid at the rate of 15 per cent more than the ordinary rate of
each of such shifts worked.
32.2.3 Provided
that an Employee who is required to work night shifts only shall be paid at the
rate of 30 per cent more than the ordinary rate for each such shift worked for
all time worked during hours on such shifts.
33. Overtime
33.1 All time worked
outside the ordinary hours work of a full time Employee on any given day or
week shall be at time and a half for the first three hours and double time
thereafter, except Sundays which shall be paid at double time.
33.2 For the purpose
of this clause, ordinary hours shall mean the hours worked and fixed in
accordance with Clause 31 - Ordinary Hours of Work, and Clause 32 - Shiftwork
of this Award.
33.3 The hourly rate,
when computing overtime, shall be determined by dividing the appropriate weekly
rate by 38, even in cases when an Employee works more than 38 ordinary hours in
a week.
33.4 The Employer may
require any Employee to work reasonable overtime at overtime rates and such
Employee shall work overtime in accordance with such requirements.
33.4.1 Subject
to subclauses 33.7 and 33.9, there will be no minimum hours of overtime to be
worked with overtime to be determined by the Employer.
33.5 Rest period after
overtime
33.5.1 When
overtime is necessary it shall, wherever reasonably practicable, be so arranged
that Employees have at least ten consecutive hours off duty between the work of
successive days.
33.5.2 No
Employee shall be required to commence a new shift at ordinary rates within ten
hours of the conclusion of his/her previous shift except for the purpose of
change of regular shift. If the Employee is required to commence a new shift
within ten hours of conclusion of the previous shift and it is not for the
purpose of regular change of shift, the Employee shall be paid for such shift
at overtime rates. This subclause does not apply where shifts are changed to
meet the Employee’s convenience. For the purpose only of this subclause
overtime worked on any day shall be disregarded.
33.5.3 If on
the instruction of the Employer such an Employee resumes or continues work
without having had such ten consecutive hours off duty the Employee shall be
paid at double rates until released from duty for such period and shall then be
entitled to be absent until having had ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such absences.
33.6 The provisions of
this subclause shall apply in the case of shift workers who rotate from one
shift to another as if eight hours was substituted for ten hours when overtime
is worked:
(a) For the purpose
of changing shift rosters;
(b) Where a shift
worker does not report for duty;
(c) Where the shift
is to be arranged between the Employees themselves.
33.7 Call back
33.7.1 An
Employee required after the usual working hours to attend the Employer’s
establishment to work (whether notified before or after leaving the premise)
shall receive a minimum payment equivalent to three hours work at the
appropriate overtime rate for each time recalled. Provided, that except in the
case of unforseen circumstances the Employee shall not be required to work the
full three hours if the job recalled to perform is completed within a short
period of time. This subclause shall not apply in cases where it is customary
for an Employee to return to the Employer’s premise to perform a specific task
outside the ordinary working hours, or completion or commencement of ordinary
working time.
33.7.2 Overtime
worked in the circumstances specified in this subclause shall not be regarded
as overtime for the purpose of subclause 33.5 of this clause when the actual
time worked is less than three hours on such recall or on each of such recalls.
33.8 Crib time
33.8.1 Where
more than one and a half hours overtime is required to be worked immediately
after ordinary working hours, or after what would be the ordinary working hours
if the Employee was working on a day ordinarily off duty, and the exigencies of
the service permit, an Employee before starting to work such overtime shall be
allowed a paid crib break of twenty minutes.
33.8.2 An
Employee who works four hours overtime after having had the crib break provided
in subclause 33.8.1 shall be allowed a further crib break of twenty minutes
without deduction of pay if required to continue working.
33.8.3 An
Employee recalled for duty after ceasing work on one shift and before
commencing work on the next shall be allowed a crib of twenty minutes without
deduction of pay after having worked four hours overtime and required to
continue at work. If required to work more than four hours additional overtime
at the conclusion of such crib, the Employee shall be allowed a further crib of
twenty minutes without deduction in pay.
33.9 Short notice pre
start
33.9.1 An
Employee who has been contacted since the conclusion of their last shift and
prior to attending their next shift for the purpose of working overtime prior
to, and in association with the commencement of their normal shift, shall be
required to work a minimum of two hours overtime at the appropriate overtime
rates. This provision does not impact on the ‘call back’ provisions as provided
for in subclause 33.7.
33.10 All overtime
shall be worked to comply with relevant Heavy Vehicle Fatigue Management
Regulation/s and or Fatigue Management Guidelines.
34. Saturday Time
34.1 Ordinary hours
worked on a Saturday shall be paid at the rate of time and a half.
35. Sunday Time
35.1 Time worked on a
Sunday shall be paid at the rate of double time.
35.2 Notwithstanding
anything elsewhere provided in this Award, the Employer shall not be required
to pay more than double time in respect of any work performed between midnight
on Saturday and midnight on Sunday.
36. Rosters
36.1 Rosters shall be
built to meet the operational needs of the business with the emphasis on routine
servicing and maintenance activities being performed at times outside of
operational peak bus requirements.
36.2 It is
acknowledged by the parties that changes in operational peak bus
requirements/service provisions may impact on both maintenance staff numbers
and maintenance workshop locations as required. Rosters are to be arranged in
such a manner, to ensure that the most economical and appropriate level of
coverage is made available.
36.3 Operational and
business requirements that may require alterations to existing rostering
arrangements include:
(a) staff
classification type and numbers in a location;
(b) actual work
location including redeployment to another work location;
(c) shift start and
finishing times;
(d) rostered day off
patterns;
(e) mutually agreed
flexible rostering initiatives; for example 9 day fortnight.
36.4 Consultation
regarding change is to take place as per clause 37, clause 64 and subclause
9.6 of this Award.
36.5 Rosters shall be
constructed and maintained to ensure that all hours worked shall comply with
relevant Heavy Vehicle Fatigue Management Regulation/s
37. Rostering
Arrangements
37.1 Consultation is
to take place with staff as to proposed changes to a master roster.
37.2 Where the master
roster is to be changed, the Employees affected are to be notified of the
change as soon as practicable, with the minimum notification to be 28 days. The
following procedures are to apply during those 28 days:
37.2.1 In week
1, rosters are displayed and Employees are to raise with local management any
issues of concern.
37.2.2 In week
2, roster is modified on the basis of concerns raised, providing such
alterations do not impact on the overall operational efficiency and costs of
the rosters.
37.2.3 In week
3, rosters are reposted and to commence in two weeks.
37.2.4 In week
5, rosters commence.
37.3 In the
construction of rosters the critical element is to ensure sufficient staff is
available to meet operational requirements and to maintain the standards as set
by the relevant Regulator
37.4 Without
diminishing the responsibilities and requirements as nominated in subclause
38.1, consideration is to be given to travel arrangements of Employees when
constructing rosters.
38. Change of Shift
38.1 In the event of a
change of shift being necessary and there is a relief line, the relief will
cover the shift, provided they are given 48 hours notice of the change. Where
there is no relief line, another Employee within the classification will cover
the shift on the basis of agreed arrangements at the local level. Where there
are no agreed arrangements in place and no volunteers, the last employed at the
location, on the shift not required (i.e. if a day shift is not required then
the last employed at the location working day shift is to receive 48 hours
notice of the change).
39. This Clause Has
Been Left Intentionally Blank
40. Higher Duties
40.1 An Employee may
be required to act in a higher grade, where such higher grade is a
classification in the normal line of progression.
40.2 An Employee
temporarily acting in the higher grade shall be paid whilst so employed, the
rate applicable if the Employee were appointed to that grade.
40.3 The relevant rate
and conditions applying to the higher grade position shall be the rate and
conditions that apply to the Employee while they are acting in the higher grade
position.
40.4 Where an Employee
is required to act in a higher grade for two hours or more on any day or shift
the Employee shall be paid the rate for the higher grade for the full day or
shift.
40.5 An Employee
required to act in a higher grade position shall not receive less payment than
the Employee would have received had the Employee remained in his/her
classified position and performed the ordinary hours associated with that
position.
41. Attending Office
41.1 Where the
Employer requires an Employee to:
41.1.1 attend
the Employer’s premise or elsewhere to answer complaints, furnish reports, and
supply statements and/or affidavits; or
41.1.2 attend
any court or coronial inquiry, the Employee shall be paid for all time spent at
ordinary rates and shall be reimbursed any excess travelling time and expenses
for rail and/or bus services.
42. Meal and Rest
Breaks
42.1 An Employee shall
not be required to work for more than five hours without a break for a meal.
42.2 Except where any
alternative arrangement is entered into as a result of in-plant discussions,
time and a half rates shall be paid for all work done during meal hours and thereafter
until a meal break is allowed.
42.3 In cases of
Employees being required to work through the meal break a paid crib break of
twenty minutes will be allowed.
42.4 If a rest break
is granted, it shall be at the Employer’s time.
PART VI - LEAVE AND PUBLIC HOLIDAYS
43. Annual Leave
43.1 Employees shall
be entitled to Annual Leave as prescribed by the Annual Holidays Act 1944
(NSW).
43.2 Annual Leave
Loading
43.2.1 An
Employee who has been a shiftworker for greater than six months in the previous
twelve months prior to commencing Annual Leave shall be paid a loading at the
rate of 20 per cent of the appropriate weekly wage.
43.2.2 Any
other Employee when proceeding on Annual Leave shall be paid a loading at the
rate of 17.5% of the appropriate weekly wage.
44. Long Service
Leave
44.1 Employees shall
be entitled to Long Service Leave as prescribed in the Transport
Administration Act 1988 (NSW), as amended from time to time.
45. Personal Leave
45.1 Personal Leave consists
of the following three types of leave:
(a) Sick Leave;
(b) Carer’s Leave;
and
(c) Compassionate/Bereavement
Leave
45.2 All Employees,
other than casual Employees, will be entitled to Personal Leave in accordance
with this clause.
45.3 For the purpose
of this clause the entitlement to use sick leave in accordance with this clause
for Carer leave is subject to:-
45.3.1 The
staff member being responsible for the care and support of the person
concerned; and the person concerned
being:-
45.3.2 a
spouse of the staff member; or
45.3.3 a de
facto spouse being a person of the opposite sex to the staff member who lives
with the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
45.3.4 a child
or an adult child (including an adopted child, a step child, a foster child or
an ex-nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
45.3.5 a same
sex partner who lives with the staff member as the de facto partner of that
staff member on a bona fide domestic basis; or a relative of the staff member
who is a member of the same household, where for the purposes of this
definition:-
45.3.6 "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
45.3.7 "affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
45.3.8 "household"
means a family group living in the same domestic dwelling.
45.3.9 Year
means the period of twelve months from 1 January to 31 December inclusive.
45.3.10 Accumulated
paid Sick Leave means paid Sick Leave which accrued to an Employee’s credit in
any previous calendar year which has not been cleared by the Employee as paid
Sick Leave.
45.3.11 Current
paid Sick Leave means paid Sick Leave that has accrued to an Employee’s credit
in the current year which has not been cleared by the Employee as paid Sick
Leave.
45.4 Sick Leave
45.4.1 If an
Employee is receiving workers compensation payments, they are not entitled to
Sick Leave.
45.4.2 Subject
to Subclause 45.5, Employees covered by this Award are entitled to 15 days (or
equivalent) paid Sick Leave per year, provided;
(a) paid Sick Leave
will be credited on a pro rata basis in the first year of service, and
(b) Sick Leave not
used in any year shall accumulate.
45.4.3 If an
Employee is terminated by their Employer and is re-engaged on a permanent basis
by the same Employer within a period of six months then the Employee’s
unclaimed balance of Sick Leave shall continue from the date of re-engagement.
45.5 Managing Sick Leave
Related Absences
45.5.1 The
parties have agreed to implement a range of strategies to reduce average Sick
Leave levels for Employees covered under this Award and have committed to
achieving a target level of an average of 9 days per year, per Employee.
45.5.2 The
strategies to be implemented will include, but are not limited to, the
following:
(a) Employees are
entitled to a maximum number of 5 non certified Sick Leave days allowed per
year, however an Employee who has already had two paid Sick Leave absences in
the year, the duration of each absence being of one day only, is not entitled
to further paid Sick Leave in that year of a duration of one day only, without
production to the Employer of a certificate from a qualified medical
practitioner certifying the Employee was unable to attend for duty on account
of personal illness or injury.
(b) Payment of Sick
Leave is provisional on an Employee:
(i) reporting the
absence appropriately (that is as soon as reasonably practicable and prior to or
at the commencement of a shift) as well as providing required information); and
(ii) an agreed
minimum level of information being supplied including the nature of the illness
or injury and the estimated duration of the absence (where an Employee is concerned
about disclosing the nature of the illness to their manager, they may elect to
have the application for Sick Leave dealt with confidentially by an alternative
manager, a Health Services Officer, or a member of the Human Resources
Division).
(c) Backdated
medical certificates will only be accepted at the sole discretion of the
Employer, and as defined by STA policies, based on the individual circumstances
including the Employee’s absence history.
(d) The Employer
will have sole discretion to accept other forms of evidence to satisfy that an
Employee had a genuine illness based on the individual circumstances including
the Employee’s absence history.
(e) Employees with
an unacceptable attendance pattern may be placed on an absence management
program, which may include withdrawal of any entitlement to non certificated
Sick Leave.
(f) A requirement
that any Employee on long term Sick Leave may be required by the Employer to
participate in a return to work program.
45.5.3 For the
purpose of this clause, Unacceptable Attendance Pattern means any pattern of
absence, which the Employee’s manager, on reasonable grounds, believes warrants
the Employee being placed on an Absence Management Program, and includes:
(a) failure to
comply with any aspect of State Transit’s Sick Leave Policy (a copy of which
can be accessed through State Transit’s Business Management System), or an
obligation imposed under the provisions of this clause.
(b) failure to
produce a medical certificate or other satisfactory evidence to support an
absence where the Employee was under an obligation to do so.
45.5.4 The
following are provided as examples of attendance patterns which would require
review by management and which may, provided there are reasonable grounds,
result in an Employee being placed on an Absence Management Program:
(a) a pattern of
unplanned absences predominately on particular days of the week or during
particular times of the year,
(b) high number of
one to two day unplanned absences, particularly for different reasons,
(c) a pattern of
unplanned Sick Leave immediately following or preceding RDO’s, ADO’s, public
holidays or Annual Leave,
(d) unplanned
absences on a day which an Employee sought a day off, but which was not
approved,
(e) unplanned absences
on special events,
(f) five or more
absences (particularly single day absences) in a four month period.
45.5.5 An
Employee with an unacceptable attendance pattern may be placed on an Absence
Management Program. In administering Absence Management Programs, there is
absolutely no intention by State Transit to place undue pressure on any
Employee in genuine need of Sick Leave.
45.5.6 Absence
Management Program Step 1 - Preliminary Discussion
(a) The Employee
will be interviewed by their supervisor or manager regarding any apparent
unacceptable attendance pattern. Reasons for the absence history may be
explored. Further medical investigation and referrals may be required at this
stage.
(b) If, following
discussion and any necessary further investigation, the Employee’s manager
remains unsatisfied with the attendance pattern, the Employee will be advised
in writing that should there be no improvement in their attendance pattern,
they will be placed on an absence management program. However, in exceptional
circumstances, an Employee may be placed on an Absence Management Program at
this point.
45.5.7 Absence
Management Program Step 2 - Placement on a Program
Should an Employee’s attendance pattern remain
unsatisfactory, the Employee will again be interviewed by their manager. If,
following the further interview, the Employee’s manager remains unsatisfied
with the attendance pattern, the Employee will be placed on an Absence
Management Program which will include the following:
(a) all unplanned
absence due to personal illness or injury will need to be medically supported
while the Employee remains on an absence management program;
(b) regular review
meetings between the manager and Employee as required;
(c) any unplanned
absence will require approval and until the Employee has applied for leave,
been interviewed by their manager and the leave has been approved, any
unplanned absence will be treated as unauthorised leave and may lead to
disciplinary action;
(d) medical
examination by a State Transit Doctor as required, including when reporting
unplanned absences due to personal illness or injury;
(e) written
confirmation of placement on the Absence Management Program and advice that a
continuing unacceptable attendance pattern, including the taking of any
unauthorised leave, may result in further disciplinary action leading to
termination of employment.
45.5.8 Absence
Management Program Step 3 - Disciplinary Action
Where an Employee’s attendance pattern remains
unacceptable following
implementation of steps 1 and 2, formal disciplinary
action may be commenced against the Employee. However, disciplinary action may
be commenced at any time prior to Step 3, in the event of unauthorised absences
or failure to comply with any direction issued under the Absence Management
Program.
45.5.9 Continuous
Review
(a) An Employee
placed on an Absence Management Program will be subject to continuous review,
and may be removed from the Absence Management Program, at any time, following
demonstrated improvement in their attendance pattern.
(b) Employees will
be advised in writing of the decision to remove them from the Absence
Management Program. However, should the Employee again come under notice for an
unacceptable attendance pattern, the Employee may be placed back on an Absence
Management Program
45.5.10 The
parties agree that in order to give full effect to the provisions of this
clause that:
(a) the Employer’s
Sick Leave Policy and procedures may be varied during the life of this Award,
including any variations which are necessary to give effect to the provisions
of this clause;
(b) Employees
covered by this Award are under strict obligations to effectively manage their
absence in order to achieve the targeted reduction in Sick Leave, and
(c) the Unions party
to this Award will work co-operatively with the Employer to ensure the
implementation and success of the Absence Management Procedures outlined in
this clause and achievement of the targeted reductions in average Sick Leave
levels.
45.6 Carer’s Leave
45.6.1 Subject
to an Employee having sufficient paid Sick Leave available, Employees are
entitled to use up to a maximum of five days from their Sick Leave entitlement
to use as Carer’s Leave.
45.6.2 The
entitlement to use up to a maximum of five days per year as Carer’s Leave does
not accumulate from year to year.
45.6.3 An
Employee may elect, with the consent of the Employer, to take unpaid leave as
Carer’s Leave.
45.6.4 Paid
and unpaid Carer’s Leave may be taken for part of a single day.
45.6.5 An
Employee’s entitlement to use paid or unpaid Carer’s Leave is subject to:
(a) the Employee
having responsibilities in relation to either members of their immediate family
or household who need their care and support when they are ill; and
(b) the Employee
being responsible for the care of the person concerned.
45.6.6 The
Employee must establish by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another, provided that:
(a) the Employer may
require an Employee to provide a medical certificate to support the application
for Carer’s Leave where:
(i) the period of
Carer’s Leave applied for exceeds or
extends over a continuous period of
three or more days on any occasion; or
(ii) the Employee
has exhausted all paid Carer’s Leave, or
(iii) the Employee,
within the current Year, has already cleared 5 days paid Carer’s Leave, which
were not supported by the production of a medical certificate; or
(b) the Employee has
been placed on an Attendance Monitoring Program and directed to supply medical
certificates to support all future applications for Sick Leave and Carer’s
Leave.
45.6.7 In
normal circumstances, an Employee must not take Carer’s Leave under this clause
where another person has taken leave to care for the same person.
45.6.8 The
Employee must, where reasonably practicable, give the Employer notice prior to
the absence of their intention to take leave, the name of the person requiring
care and their relationship to the Employee, the reasons for taking such leave
and the estimated length of absence. If it is not practicable for the Employee
to give prior notice of absence, the Employee must notify the Employer by
telephone of such absence at the first opportunity on the day of absence.
45.7 Compassionate/Bereavement
Leave
45.7.1 An Employee is
entitled to up to two days paid leave on each occasion a member of the
Employee’s immediate family or household dies.
45.7.2 Proof of death
must be provided to the satisfaction of the Employer.
46. Parental Leave
46.1 Parental Leave
includes Maternity, Adoption Leave and ‘Other Parent’ Leave. Subject to the
terms of this clause, Employees other than casuals are entitled to Maternity, Paternity
and Adoption Leave and to request to work part time in connection with the
birth or adoption of a child. An Employee, including a casual employee who has
had at least twelve months continuous service, is entitled to Parental Leave in
accordance with this clause and with the Employer’s Parental Leave Policy.
Continuous service for a casual means
work on an unbroken, systematic and regular basis.
46.2 For the purposes
of this subclause ‘child’ means a child of the Employee under the age of one
except for adoption of a child where ‘child’ means a person under the age of
five years who is placed with the Employee for the purposes of adoption, other
than a child or step-child of the Employee or of the spouse of the Employee or
a child who had previously continuously lived with the Employee for a period of
six months or more.
46.3 After an Employee
has completed 40 weeks continuous service, and who has provided satisfactory
evidence of being the primary carer for the child, they are entitled up to a combined
total of 52 weeks unpaid Parental Leave on a shared basis in relation to the
birth or adoption of their child. For females, Maternity Leave may be taken,
and for males, ‘Other Parent’ Leave may be taken. Adoption Leave may be taken
in the case of adoption.
46.4 Parental Leave is
to be available to only one parent at a time, except that both parents may
simultaneously access Parental Leave in the following circumstances:
(a) for maternity
and other Parent Leave, an unbroken period of one week at the time of the birth
of the child,
(b) for Adoption
Leave, an unbroken period of up to three weeks at the time of the placement of
the child.
46.5 An Employee who
is not eligible for Maternity Leave or Adoption Leave, may, in special
circumstances, be granted ‘Other Parent’ leave to care for their child.
46.6 Parental Leave is
for a period of not more than 52 weeks from the date the leave commenced.
46.7 Parental Leave is
unpaid leave (unless provision for payment is made) and can consist of solely
Parental Leave, or a combination of Parental, Annual and/or Long Service Leave
if the Employee has accrued such leave.
46.8 An Employee
taking Parental Leave must take any accumulated leave entitlements in excess
of 40 days as part of Parental Leave.
46.9 An Employee must
not unreasonably withhold notice of the intention to apply for Parental Leave.
46.10 Returning to work
after a period of Parental Leave
46.10.1 An
Employee is entitled to return from Parental Leave to the position
substantially held immediately prior to going on Parental Leave if that
position still exists. If the position
no longer exists but there are other positions available that the employee is
qualified for and is capable of performing, the employee is entitled to be
employed in a position as nearly as possible comparable in status and pay to
that of the employee's former position.
46.10.2 An
Employee may be granted further leave beyond 52 weeks from the date of
birth. Any Employee taking further leave
will be required to clear accumulated leave prior to commencing extended
Parental Leave.
46.10.3 An
Employee will notify of their intention to return to work after a period of
Parental Leave at least four weeks prior to the expiration of the leave.
46.11 Notice of
Parental Leave
46.11.1 An
Employee will provide the Employer at least ten weeks prior to each proposed
period of Parental Leave with:
(a) for maternity
and Other Parent Leave, a certificate from a registered medical practitioner
which states they (or their spouse) is pregnant and the expected date of birth,
and
(b) written
notification of the dates on which they propose to start and finish the period
of Parental Leave, and
(c) a statutory
declaration stating:
(i) the period of
leave sought is so that they can be the primary caregiver to the child, and
(ii) detail any
particulars of any period of Parental Leave sought or taken by their spouse,
and
(iii) that for the
period of Parental Leave, the Employee will not engage in any conduct
inconsistent with their contract of employment.
46.11.2 An
Employee will not be in breach of this clause if failure to give the required
notice period is because of the birth occurring earlier than the presumed date.
46.12 Replacement
Employees
46.12.1 A
replacement Employee is an Employee specifically engaged, part time or full
time, or temporarily promoted or transferred, as a result of an Employee
proceeding on Parental Leave.
46.12.2 Before
an Employer engages a replacement Employee the Employer will inform that person
of the temporary nature of the employment and of the rights of the Employee who
is being replaced.
46.13 Variation of
Parental Leave
46.13.1 Unless
agreed otherwise between the Employer and Employee, an Employee may apply to their
Employer to change the period of Parental Leave on one occasion. Any such
change is to be notified at least four weeks prior to the commencement of the
changed arrangements.
46.13.2 Subject
to subclause 47.5 and unless agreed otherwise between the Employee and
Employer, an Employee may commence Parental Leave at any time within nine weeks
immediately prior to the expected date of the birth and not more than 52 weeks
after the date of the birth (or in the case of Adoption Leave upon the date of
placement).
47. Maternity Leave
47.1 Where an Employee
continues to work within the six week period immediately prior to the expected
date of birth, or where the Employee elects to return to work within six weeks
after the birth of the child, an Employer may require the Employee to provide a
medical certificate stating that she is fit to work on her normal duties.
47.2 Where the
pregnancy of an Employee terminates after 28 weeks and the Employee has not
commenced Maternity Leave, the Employee may take unpaid special Maternity Leave
of such period as a registered medical practitioner certifies as necessary,
except that where an Employee is suffering from an illness not related to the
direct consequences of the birth an Employee may be entitled to paid Sick Leave
in lieu of, or in addition to, special Maternity Leave.
47.3 Where Parental
Leave is granted, during the period of leave an Employee may return to work at
any time, as agreed between the Employer and the Employee provided that time
does not exceed four weeks from the recommencement date desired by the
Employee.
47.4 Where an Employee
is pregnant and, in the opinion of a registered medical practitioner, illness
or risks arising out of the pregnancy make it inadvisable for the Employee to
continue at her present work, the Employee will, if the Employer deems
practicable, be transferred to a safe job at the rate and on the conditions
attaching to that job until the commencement of Maternity Leave.
47.5 If a transfer to
a safe job is not practicable, the Employee may elect, or the Employer may
require the Employee, to commence Parental Leave.
47.6 An Employee who
has been granted Maternity Leave in accordance with this clause may apply to
return from a period of full time Parental Leave on a part time basis or on a
job share arrangement. Applications must be made in writing as soon as
practicable, preferably before commencing Parental Leave, or at least four
weeks before the proposed return date.
47.7 The Employer
shall consider any request for a full time Employee to return to work from
their period of Maternity Leave on a part time or job share arrangement having
regard to the Employee’s circumstances and the effect on the workplace and/or
the Employer’s business.
47.8 Paid Maternity
Leave
47.8.1 A female
Employee entitled to Parental Leave (ie completed at least 40 weeks continuous
service) is entitled to paid Maternity Leave in accordance with this subclause.
47.8.2 An
Employee is entitled to a maximum of 9 weeks paid Maternity Leave at their base
rate. The paid leave can be taken in a lump sum at the commencement of
Maternity Leave, or as half pay on a fortnightly basis while on Maternity
Leave, or in any combination of these options.
47.9 Separate from
paid Maternity Leave, an Employee may be paid accrued Annual and/or Long
Service Leave as part of the Maternity Leave period. The accrued leave can be
taken:
(a) For accrued
Annual Leave, in a lump sum payment at the commencement of Maternity Leave or
as full pay while on Maternity Leave, or
(b) For accrued Long
Service Leave, in a lump sum payment at the commencement of Maternity Leave or
as full pay while on Maternity Leave or as half pay while on Maternity Leave.
Once all entitlements to pay have been exhausted, the
balance of Maternity Leave will be unpaid.
48. Adoption Leave
48.1 Employees
including a casual employee who has had at least twelve months continuous
service are entitled to paid adoption leave in accordance with this clause and
with the Employer's Adoption Policy.
Continuous service for a casual means work on an unbroken, systematic
and regular basis.
48.2 An Employee who
has been granted Adoption Leave in accordance with this clause may apply to
return from a period of full time Parental Leave on a part time basis or on a
job share arrangement. Applications must be made in writing as soon as
practicable, preferably before commencing Parental Leave, or at least four
weeks before the proposed return date.
48.3 The Employer
shall consider any request for a full time Employee to return to work from
their period of Adoption Leave on a part time or job share arrangement having
regard to the Employee’s circumstances and the effect on the workplace and/or
the Employer’s business.
48.4 An Employer may
require an Employee to provide confirmation from the appropriate government
authority of the placement of the child for adoption.
48.5 Where the
placement of a child for adoption with an Employee does not proceed or
continue, the Employee will notify the Employer immediately and the Employer
will nominate a time not exceeding four weeks from receipt of notification for
the Employee’s return to work.
48.6 An Employee will
not be in breach of this clause as a consequence of failure to give the
stipulated periods of notice if such a failure results from a requirement of an
adoption agency to accept earlier or later placements of a child, the death of
a spouse, or other compelling circumstances.
49. Jury Service
49.1 A permanent
Employee required to attend for jury service during his or her ordinary working
hours shall be reimbursed by the Employer an amount equal to the difference
between the amount paid in respect of their attendance for such jury service
and the amount of wages he or she would have received in respect of total
ordinary time they would have worked had they not been on jury service.
49.2 An Employee shall
notify the Employer as soon as possible of the date upon which he or she is
required to attend for jury service. Further, the Employee shall give the
Employer proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
50. Blood Donors
Leave
50.1 Employees are to receive
paid leave pursuant to the Employer’s Blood and Marrow Donation Policy. In
arranging the leave, consideration is to be given to the fact that having given
a donation of blood, Employees are not to drive a heavy vehicle for a period of
at least eight hours or as recommended by the appropriate Authority.
51. Public Holidays
51.1 A permanent
Employee under this Award is entitled to the following public holidays, without
loss of pay: New Year’s Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queen’s Birthday, Labour Day or Eight Hours Day,
Christmas Day, Bank Holiday, and Boxing Day. Where another day is generally
observed in a locality in substitute for any of the above days, that day shall
be observed as the public holiday in lieu of the prescribed day.
51.2 Employees are
only entitled to public holidays on days in which they would ordinarily be
required to work, but for the public holiday occurring.
51.3 Where reasonably
practicable an Employee shall be granted a day’s leave, without deduction of
pay, each calendar year to attend an approved picnic day. Such Employee if
required to work on this day shall be granted a day’s leave, without deduction
of pay, in lieu thereof.
51.4 Substitution of
certain public holidays, which fall on a weekend:
(a) where Christmas
Day falls on a Saturday or a Sunday, 27 December shall be observed as the
public holiday in lieu of the prescribed day.
(b) where Boxing Day
falls on a Saturday or a Sunday, 28 December shall be observed as the public
holiday in lieu of the prescribed day.
(c) where New Year’s
Day or Australia Day falls on a Saturday or a Sunday, the following Monday
shall be observed as the public holiday in lieu of the prescribed day.
51.5 By agreement
between the Employer and the majority of Employees in the relevant enterprise
or section of the enterprise, an alternative day may be taken as the public
holiday in lieu of any of the prescribed days. An Employer and an individual
may also agree to the Employee taking another day as the public holiday in lieu
of the day, which is being observed as the public holiday in the enterprise or
relevant section of the enterprise.
51.6 In addition to
the days described in subclause 51.1, any special days appointed by gazettal as
a public holiday throughout the State or a locality shall be deemed to be a
public holiday throughout the State or relevant locality for the purposes of
this Award.
51.7 Payment for time
worked on a public holiday -
51.7.1 Continuous
shift workers required to work on a public holiday shall be paid at the rate of
double time and a half for hours worked throughout ordinary hours. Continuous
shift workers required to work overtime on a public holiday shall be paid at
double time for the overtime performed on the public holiday. Continuous shift
workers required to work on a public holiday shall be paid for a minimum of
three hours work.
51.7.2 Day
workers required to work on a public holiday shall be paid for a minimum period
of three hours work at the rate of double time and a half. The double time and
a half is to be paid until the Employee is relieved from duty.
51.8 Where an Employee
is absent from his or her employment on the working day before or the working
day after a public holiday without reasonable excuse or without the consent of
the Employer, he or she will not be entitled to payment for the holiday.
51.9 Except as
provided for in this subclause or subclause 51.10, where a full time Employee’s
ordinary hours of work are structured to include a day off and such day off
falls on a public holiday the Employee is entitled to either:
(a) 7 hours and 36
minutes pay at ordinary rates; or
(b) 7 hours and 36
minutes added to his or her Annual Leave; or
(c) a substitute day
off on an alternative week day.
This shall apply to rostered days off which fall on a
Saturday or a Sunday where the Saturday or Sunday is part of the normal working
roster, and actually worked by the rostered employee, for at least 4 shifts
during the preceding 12 months.
51.10 Where an Employee
has credited time accumulated, then such credited time should not be taken as a
day off on a public holiday.
51.11 If an Employee is
rostered to take credited time as a day off on a week day and such week day is
prescribed as a public holiday after the Employee was given notice of the day
off, then the Employer shall allow the Employee to take the time off on an
alternative day.
51.12 Subclauses 51.10
and 51.11 above shall not apply in relation to days off which are specified in
an Employee’s regular roster or pattern of ordinary hours. Subclause 51.9 shall
apply in such circumstances.
52. Clearance of
Public Holidays and Picnic Days
52.1 Where an Employee
is required to work on a proclaimed public holiday or picnic day, the Employee
will have the option to be paid the monetary value for the day, foregoing
accumulation for future clearance, or to accumulate the public holiday or
picnic day for clearance with their accumulated leave for that year. If the public
holiday or picnic day is not cleared it will be paid out with the final pay on
or after 31 December of the year following accumulation.
PART VII - WAGES AND RELATED MATTERS
53. Payment of Wages
53.1 An Employee whose
ordinary hours of work are arranged so that they work an average of 38 ordinary
hours each week during a particular work cycle shall be paid
fortnightly according to a weekly average of ordinary
hours worked even though more or less than 38 ordinary hours may be worked in
any particular week or work cycle.
53.2 All monies
payable pursuant to this Award shall be paid by cheque or electronic transfer
of funds into an account/s nominated by the Employee with a bank or other
financial institution recognised by the Employer.
53.3 Hourly rates
shall be calculated by dividing the appropriate weekly rate by 38.
54. Wage Increase
54.1 A 2.5% increase
will apply to Employees covered by this Award from 1 January 2012..
54.2 The wage
increases contained in this Award are in substitution for any State Wage Case
decisions. Any arbitrated safety net adjustments may be offset against any
equivalent amount in rates of pay received by Employees.
55. Salary Sacrifice
for Superannuation
55.1 Notwithstanding
the wages prescribed in this Award, an Employee other than a temporary or
casual Employee may elect, subject to the agreement of the Employer, to
sacrifice a portion of the base wage payable under this Award to additional
Employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. In this
clause ‘superannuable salary’ means the Employee’s wages as notified from time
to time to the New South Wales public sector superannuation trustee
corporations.
55.2 Where an Employee
has elected to sacrifice a portion of that payable wage to additional Employer
superannuation contributions:
55.2.1 Subject
to Australian taxation law, the sacrificed portion of wage will reduce the wage
subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion; and
55.2.2 any
allowance, penalty rate, payment for unused leave entitlements, weekly workers’
compensation or other payment, other than any payments for leave taken in
service, to which an Employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to an
Employee’s wage, shall be calculated by reference to the wage which would have
applied to the Employee under this Award in the absence of any salary sacrifice
to superannuation made under this Award.
55.3 The Employee may
elect to have the portion of payable wage, which is sacrificed to additional
Employer superannuation contributions:
55.3.1 paid
into the superannuation scheme established under the First State
Superannuation Act 1992 as optional Employer contributions; or
55.3.2 Subject
to the Employer’s agreement, paid into a private sector complying superannuation
scheme as an Employer superannuation contributions.
55.4 Where an Employee
elects to salary sacrifice, in accordance with subclause 55.1or 55.3, the
Employer will pay the sacrificed amount into the relevant superannuation fund.
55.5 Where the
Employee is a member of a superannuation scheme established under:
the Superannuation Act 1916;
the State Authorities Superannuation Act 1978;
the State Authorities Non-contributory
Superannuation Act 1987; or
the First State Superannuation Act 1992,
the Employer must ensure that the amount of any
additional Employer superannuation contributions specified in subclause 55.1 is
included in the Employee’s superannuable salary, which is notified to the NSW
public sector superannuation trustee corporations.
55.6 Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, an
Employee has entered into an agreement with the Employer to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in subclause 55.5, the Employer will continue to base
contributions to that fund on the base wage payable under this Award to the
same extent as applied before the Employee sacrificed portion of that salary to
superannuation. This clause applies even though the superannuation
contributions made by the Employer may be in excess of superannuation guarantee
requirements after the salary sacrifice is implemented.
56. Wage Rates
56.1 The rates of pay
for the different classifications relevant to this Award, are set out in
Schedule A of this Award.
57. Supported Wage
Systems
Workers eligible for a supported wage.
57.1.1 This
clause defines the conditions, which will apply to Employees who because of the
effects of a disability are eligible for a supported wage under the terms of
this Award. In the context of this clause, the following definitions will
apply:
(a) Support wage
system means the Commonwealth Government (or State equivalent) system to promote
employment for people who cannot work at full Award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Processes" as amended from time to time.
(b) Accredited
Assessor means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual’s productive capacity within the Supported Wage System.
(c) Disability
Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, as amended from time to time, or any successor to that scheme.
(d) Assessment
Instrument means the form provided for under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
57.2 Eligibility
Criteria
57.2.1 Employees
covered by this clause will be those who are unable to perform the range of
duties to the competence level required within the class of work for which the
Employee is engaged under this Award, because of the effects of a disability on
their productive capacity and who meet the impairment criteria for receipt of a
Disability Support Pension.
57.2.2 This
clause does not apply to any existing Employee who has a claim against the
Employer, which is subject to the provisions of workers’ compensation
legislation, or any provision of this Award relating to the rehabilitation of
Employees who are injured in the course of their current employment.
57.2.3 The
Award does not apply to Employers in respect of their facility program
undertaking service or the like which receives funding under the Disability
Services Act 1986 and fulfils the dual role of service provider and
sheltered Employer to people with disabilities who are in receipt of or are
eligible for a Disability Support Pension, except with respect to an
organisation which has received recognition under Part II of the said Act, or
if a part only has received recognition, that part.
57.3 Supported Wage
Rates
57.3.1 Employees
to whom this clause applies shall be paid the applicable percentage of the
minimum rate of pay prescribed by this Award for the class of work, which the
person is performing according to the following schedule:
Assessed
Capacity
|
Percentage
of Prescribed Rate of Pay
|
|
|
10%
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
57.3.2 Provided
that the minimum amount payable shall not be less than $50.00 per week.
57.3.3 Where a
person’s assessed capacity is 10 per cent, they shall receive a high degree of
assistance and support.
57.3.4 For the
purpose of establishing the percentage of the Award rate to be paid to an
Employee under this Award, the productive capacity of the Employee will be
assessed in accordance with the Supported Wage System and documented in an
assessment instrument by either:
(a) the Employer and
a union party to the Award, in consultation with the Employee or if desired by
any of these, or
(b) the Employer and
an accredited assessor from a panel agreed by the parties to the Award and the
Employee.
57.4 Lodgement of
assessment instrument
57.4.1 All
assessment instruments under the conditions of this clause, including the
appropriate percentage of the Award rate to be paid to the Employee, shall be
lodged by the Employer with the Registry of the Industrial Relations
Commission.
57.4.2 All
assessment instruments shall be agreed and signed by the parties to the
assessment, provided that where a union which is party to the Award and not a
party to the assessment, it shall be referred by the Registry to the union by
certified mail and shall take effect unless an objection is notified to the
Registry within ten working days.
57.4.3 The
assessment of the applicable percentage should be subject to annual review or
earlier on the basis of a reasonable request for such a review. The process of
review shall be in accordance with the procedures for assessing capacity under
the Supported Wage System.
57.4.4 When an
assessment has been made, the applicable percentage shall apply to the wage
rate only. Employees covered by the provisions of this clause will be entitled
to the same terms and conditions of employment as all other workers covered by
this Award on a pro rata basis.
57.5 An Employer
wishing to employ a person under the provisions of this clause shall take reasonable
steps to make changes at the enterprise to enhance the Employee’s capacity to
do the job. Changes may involve re-design of job duties, working time
arrangements and work organisation in consultation with other workers in the
area.
57.6 Trial Period
57.6.1 In
order for an adequate assessment of the Employee’s capacity to be made, the
Employer may employ a person under the provisions of this clause for a trial
period not exceeding three calendar months, except that in some cases
additional work adjustment time (not exceeding four weeks) may be needed.
57.6.2 During
the trial the assessment of capacity shall be undertaken and the proposed wage
rate for a continuing employment relationship shall be determined.
57.6.3 The
minimum amount payable to the Employee during the trial period shall be no less
than $50.00 per week.
57.6.4 Work
trials should include induction or training as appropriate to the job
being trialled.
57.6.5 Where
the Employer and Employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract
of employment shall be entered into based on the outcome of assessment under
subclause 57.3.4.
58. Allowances
58.1 Employees shall
be entitled to allowances as prescribed for in this Clause at the rates
outlined in Table 2, Schedule A.
58.2 Plumber’s
Registration Allowance - A Plumber and/or Gasfitter and/or Drainer who is the
holder of a Certificate of Registration in accordance with State legislation
shall be paid the allowance rate specified in Table 2, Schedule A.
58.3 Confined Spaces -
Employees required to work in a confined space shall be paid the allowance rate
specified in Table 2, Schedule A. Confined space means a place the dimensions
or nature of which necessitate working in a cramped position or without
sufficient ventilation.
58.4 Electrician’s
Registration Allowance - An electrician who is the holder of a New South Wales
Electrician’s licence shall be paid the allowance rate specified in Table 2,
Schedule A.
58.5 Electrician’s
Supervisor Registration Allowance - An electrician who is the holder of a New
South Wales Electrician’s Supervisor’s licence shall be paid the allowance rate
specified in Table 2, Schedule A.
58.6 Asbestos
Allowance - An Employee required to work with materials containing asbestos or
to work in close proximity to it shall be paid the allowance specified in Table
2, Schedule A.
58.7 Asbestos
Eradication - This subclause shall apply to Employees engaged in the process of
asbestos eradication in the performance of work within the scope of this Award.
Asbestos eradication is defined as work on or about a building, involving the
removal or any other method of neutralisation of any materials that consist of,
or contain asbestos. Employees engaged in asbestos eradication shall receive
the allowance rate as specified in Table 2, Schedule A. An Employee receiving
an Asbestos Eradication Allowance will not be eligible for an Asbestos
Allowance in addition to the Asbestos Eradication Allowance.
58.8 Chokages - A
plumber or drainer when employed upon any chokage necessitating the opening of
any soil waste, or drainpipe conveying sewage, or upon any chokage in
connection with oil arrester pipes or traps, fuel lines or similar oil installations
shall be paid the allowance rate specified in Table 2, Schedule A.
58.9 Height Money -
Employees except riggers when working at a height of 17 metres or more shall be
paid the allowance specified in Table 2, Schedule A.
58.10 Employees working
overtime shall be entitled to a meal allowance, subject to the terms prescribed
in this subclause, as prescribed in Table 2, Schedule A. The allowance shall be
adjusted in accordance with the New South Wales Crown Employees (Skilled
Trades) Award.
58.10.1 An
Employee is entitled to the meal allowance on each occasion an Employee is
entitled to a rest break in accordance with subclause 33.8 Crib time, except in
the following circumstances:
(a) if the Employee
is a day worker and was notified no later than the previous day that they would
be required to work such overtime.
(b) if the Employee
is a shift worker and was notified no later than the previous day or previous
rostered shift that they would be required to work such overtime.
(c) if the Employee
lives in the same locality as the work location and could reasonably return
home for meals.
58.10.2 If an
Employee has provided a meal or meals on the basis that he or she has been
given notice to work overtime and the Employee is not required to work overtime
or is required to work less than the amount advised, he or she shall be paid
the prescribed meal allowance for the meal or meals which he or she has
provided but which are surplus.
58.11 Fibreglass
Allowance - An Employee required to grind, drill, file or saw processed
fibreglass shall be paid the allowance specified in Table 2, Schedule A. All
Body Builders will receive the allowance for time worked.
58.12 First Aid
Allowance - An Employee, who has been trained to render first aid and who is
the current holder of an appropriate first aid qualifications such as a
certificate from the St John’s Ambulance or similar body shall be paid a weekly
allowance as set out in Table 2, Schedule A if they are appointed by the
Employer to perform first aid duty.
58.13 Private Motor
Vehicle Allowance - An Employee required to use their own motor vehicle for the
Employer’s business, or who by agreement with the employer uses their own motor
vehicle, shall be paid an allowance for kilometres travelled as specified in Table
2, Schedule A.
58.14 Industry
Allowance - An Industry Allowance, as set out in Table 2, Schedule A shall be
payable to an Employee complying with the Dispute Settlement Procedure as set
out per this Award. In the event that such dispute procedure is not complied
with, the Industry Allowance may not be payable.
58.15 Wet Work - An
Employee required to work in any place where their clothing or boots become
saturated with water shall be paid an allowances specified in Table 2, Schedule
A, provided that this allowance shall not be payable to an Employee who is
provided by the Employer with suitable protective clothing and/or footwear and
provided further that any Employee who becomes entitled to this extra rate
shall be paid such extra rate for such part of the day or shift as they are
required to work in wet clothing or boots. This clause shall not apply to
Employees whose ordinary work is in association with water.
58.16 Travelling and
working away from usual place of work
58.16.1 Any Employee
who is required to travel in order to undertake duty at another place more than 4.8 kilometres from their home
Depot and further from their home than their home Depot shall be credited with
full time at single rate for the difference between the time at which it would
be necessary for them to leave their place of residence for the temporary
location and the time they would leave for their home Depot to work a shift
commencing at the same time and also for the difference between the time at
which they can at the earliest arrive at their place of residence on the
conclusion of their shift and the time they would arrive there as if they has
worked a similar shift at their home Depot.
58.16.2 Any
Employee who is required to travel in order to undertake duty at another place
within 4.8 kilometres of their home Depot shall not be credited with any time
for the time occupied in travelling unless they are obliged to report first at
their home Depot at which case they shall be credited with full time at the
appropriate rate for the time occupied in travelling from their home Depot to
the place of duty.
58.16.3 All time
occupied by an Employee travelling on duty (other than as provided for in
58.16.1 and 58.16.2 hereof) shall be paid for up to a maximum of 12 hours out
of every 24. The said 24 hours shall count from time travel first commenced on
a particular day.
58.16.4 Any
Employee who is temporarily transferred from their home Depot to another place
of employment because of strike conditions or slackness or traffic shall not be
credited with any travelling time.
58.16.5 An
Employee who acts in a higher grade for more than two hours of any shift and
incurs travelling time to work that shift shall be paid for such travelling
time at the same rate as is paid to him for the time worked.
58.16.6 For the
purpose of this clause home Depot shall mean the Depot at which an Employee is
attached or place at which the Employee is ordinarily required to commence and
finish work.
58.17 Living away from
home
58.17.1 An
Employee engaged in work which does not permit return to their home station
daily shall, unless temporarily transferred, be reimbursed expenses at the
rates prescribed in Table 2, Schedule A.
58.17.2 An
Employee who reasonably incurs expenses in excess of the amounts prescribed
shall be granted, upon application, such additional amount as the Employer
approves.
58.17.3 Where an
Employee is transferred temporarily, other than at own request or by way of
punishment, from home station to a place which does not permit the Employee to
live at their regular address, shall be paid an allowance prescribed in Table
2, Schedule A whilst remaining in temporary transfer.
58.17.4 In cases
of journeys where an Employee returns home or to the home station on the same
day, shall be paid a meal allowance (ie Breakfast, lunch or dinner allowance)
prescribed in Table 2, Schedule A for meals during such journeys, provided that
no payments shall be made except where an Employee proceeds to a place more
than 32 kilometres distant from the home station in Sydney, or 11 kilometres
from the home station in Newcastle, or as part of regular duty at the usual
place of work. The mileage herein mentioned shall be occupied by the ordinary
means of travel.
PART VIII - TRAINING
59. Training
59.1 The parties
acknowledge that successful implementation of this Award relies upon relevant
Employee training. State Transit for its part is committed to the provision of training
necessary to enable its Employees to be able to take maximum advantage of
existing career paths and for them to be able to learn new skills to take on
additional activities and responsibilities.
59.2 Training
associated with the current classification or progression to the next
classification level within the career path is to be performed during ordinary
hours, with the swapping of shifts to apply where shift work is involved. Where
the approved training is not available during ordinary hours, and Employees
attend off duty training outside their ordinary hours, Employees are to receive
the equivalent time off in lieu, at a time, which will not affect service
requirements.
59.3 Where Employees
are interested in gaining qualifications not directly related to their
classification and those qualifications will be beneficial to both the Employee
and State Transit, the associated training is to be in accordance with State
Transit’s Policy on Study Assistance.
59.4 A list is to be
kept of each classification together with the necessary training and
qualifications required to be considered for the position. Classifications are
to include those not covered by this Award but form part of the immediate
career path for Employees covered by this Award.
59.5 A number of
courses may include sections that lend themselves to distance learning
techniques. Courses determined suitable for distance learning may be undertaken
from time to time.
59.6 An out of hour’s
payment at single rates of pay will be paid upon successful completion of
distance learning courses. The number of hours required for each course will be
determined before any course commences.
59.7 The parties are
committed within the training process to the implementation of competencies as
designated by the Department of Education, Science and Training (or relevant
department).
59.8 The Employer
shall not unreasonably withhold paid Training Leave. This shall not prevent the
Employer and Employee(s) agreeing to paid leave for other relevant training.
60. Training Costs
60.1 Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the Employer’s technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the Employer upon production of evidence of such expenditure,
provided that reimbursement may be on an annual basis subject to the
presentation of reports of satisfactory progress.
60.2 Travel costs
incurred by an Employee undertaking training in accordance with this Award
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the Employer.
61. Learning and
Development Committee
61.1 A Learning and
Development Committee operates in accordance with this Award. The Committee
will not have decision making powers, however, it will participate in an
advisory role in the establishment of relative and effective training programs
required by Employees covered by this Award.
61.2 The objectives of
the Learning and Development Committee are:
61.2.1 to
enable Employee involvement in the training processes.
61.2.2 the
Learning and Development Committee shall aim to contribute to the development of
a highly skilled workforce with a range of skills appropriate to the industry.
61.3 The Learning and
Development Committee shall be comprised of two depot service managers, a
learning and development representative; an engineering repair tradesperson from
each stream, one representative from the Newcastle Workshop and an Engineering
Repair Assistant representative.
61.4 Relevant
non-committee members may be invited to attend and address the Committee. This
may include but is not limited to Authority representatives and Unions party to
this Award.
61.5 The committee
will be chaired by a nominated manager.
61.6 The Employee
representatives shall be elected every 12 months in a ballot monitored by the
unions respondent to this Award.
61.7 The Learning and
Development Committee shall meet quarterly or as determined by the committee
with minutes distributed to committee members following the meeting.
61.8 The Learning and
Development Committee will participate in:
(a) formulating a
training program including available training courses and career opportunities.
(b) recommencing
individual Employees for training and reclassification.
(c) reviewing
assessment and criteria to be applied for new and existing staff.
(d) advising
management and Employees regarding the ongoing effectiveness of the training.
62. Training for
Relief Leading Hands
62.1 Nominated Relief
Leading Hands will have access to on the job training in accordance with State
Transit’s Procedure for Higher Duties.
62.2 Competency based assessment
mechanisms shall be developed for each engineering wages classification.
62.3 Where applicable,
training provided to Employees covered by the Award shall be recognised,
accredited and certified to allow completion of the whole task/function (eg Gas
Bus Certification).
PART IX - COMMUNICATION/CONSULTATION
63. Consultative
Mechanism and Procedure
63.1 The Employer
shall permit a notice board to be erected in the Depot or premises, or each
part of a Depot or premises, to facilitate communication between Employees
and/or their union representatives.
64. Communications
and Consultation
64.1 Consultation
provides participation by the Employer, Employees and their representatives,
including Unions party to this Award, in the formulation and implementation of
policies, plans and strategies that are likely to affect working conditions.
64.2 Consultation is
aimed at getting Employees and their representatives, including Unions party to
this Award, to suggest or respond to proposals for policy formulation or
implementation. It provides an opportunity to present a point or view or state
an objection, thereby providing a more informed approach to the decision making
process by management.
64.3 Pursuant to
clause 65 the parties agree to consult over the life of the Award regarding
the implementation of initiatives deriving from the
Productivity Committee.
64.4 Issues or matters
in dispute should be dealt with through the Dispute Settlement Procedure
of this Award.
65. Consultative
Committee
65.1 A consultative
committee shall be established at each garage.
65.2 Functions of the
Consultative Committees:
65.2.1 The
Consultative Committee shall operate as a mechanism resulting in democratic Employee
involvement for maximising flexibility of the workforce and for ensuring that
working patterns and arrangements enhance flexibility and the efficiency of
that workplace.
65.2.2 The
Consultative Committee shall endeavour to promote harmonious Employee
relations.
65.2.3 The
Consultative Committee shall endeavour to create an effective system of
communication between the Employer and Employees. Minutes of all consultative
committee meetings shall be available to all Employees at that location. Reasonable
time shall be allowed in conjunction with local management to enable Employees
to be informed of the committee’s activities.
65.3 Composition of
Consultative Committee
65.3.1 The
Consultative Committee shall be comprised of six permanent members of which:
(a) two will be
representatives of management, at least one shall be of senior management
level; and
(b) four Employee
representatives who will be elected every twelve months (one Engineering Repair
Tradesperson from each stream, and one Engineering Repair Assistant).
65.4 Meetings
65.4.1 The
consultative committee shall meet as required but not less than monthly.
65.4.2 Prior
to each meeting each committee member shall by agreement with local management
be allowed reasonable time to prepare for meetings.
65.4.3 Committee
members may co-opt others to represent them at meetings when required.
65.4.4 The
Consultative Committee may invite other personnel and union party to this Award
to attend meetings.
65.5 Consultative
Procedures
65.5.1 The Consultative
Committee will consider the implication of proposed measures to change
arrangements.
65.5.2 A peak
body consisting of senior management of the Division and full time union officials
or their nominees will meet quarterly, (or more frequently as agreed by the
parties where issues of major significance need to be discussed), to monitor
and review developments and progress towards achieving the aims contained in
this Award. It will be the responsibility of each consultative committee to
furnish relevant reports to the peak body immediately following discussions at
a local level.
65.5.3 The
Employer will facilitate the process by providing timely and relevant
information to ensure that the consultative committees are in a position to
monitor their progress towards achieving joint aims under this Award.
65.5.4 Accordingly,
at these meetings operating statistics, customer service, the Division’s
profile, staff development, financial performance indicators established under
this Award will form fixed agenda items to ensure such indicators for each of
the Employer’s Depots are under constant review by the committee.
65.6 Training -
Committee members may attend an approved training course relevant to their role
as committee members.
66. Productivity
Committee
66.1 A Productivity
Committee will oversee the achievement of the objectives of this Award.
66.2 The Productivity
Committee will work within a set terms of reference. The terms of reference
must be approved by the Employer.
66.3 The terms of
reference must include:
(a) Genuine
productivity targets and benchmarks aligned with the objectives of corporate
goals and bus reform initiatives.
(b) Genuine time
frames for targets to be achieved.
(c) Periodic reviews
of progress and major reviews.
(d) Mechanisms to
review and implement new initiatives.
(e) Mechanisms to
assist management and Employees in relation to contracting out issues pursuant
to clause 22.
(f) An internal
disputes settlement mechanism.
66.4 The Productivity
Committee will consist of representatives of the Employer, Combined Unions (who
are a party to this Award) and a standing invitation to Union New South Wales.
67. Introduction of
Change
67.1 Where the Employer
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on Employees, the Employer shall notify the Employees who may be
affected by the proposed changes and their Unions.
67.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Employer’s workforce or in the skill
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the need for retraining or transfer of Employees
to other work locations and the restructuring of jobs. Provided that where the
Award makes provision for alteration of any of the matters referred to herein
an alteration shall be deemed not to have significant effect.
68. Delegates
68.1 For the purposes
of:
(a) ensuring
compliance by the Parties with the terms of this Award,
(b) and facilitating
discussions concerning matters pertaining to the employment relationship
between the Employer and Employees covered by this Award, and their
representatives, an Employee elected or nominated as a delegate by the
Employees in the section and/or location in which they are employed, shall,
upon notification to local management, be recognised as the accredited
representative of the union to which they belong.
68.2 An accredited
delegate shall be allowed reasonable time during working hours to interview the
Employer or its representative on matters affecting Employees whom they represent,
or accredited officials of the union to which the delegate belongs.
68.3 Subject to the
prior approval of the delegate’s supervisor, an accredited delegate shall be
allowed a reasonable period of time during working hours to interview a duly
accredited union official of the union to which he/she belongs.
68.4 Delegate Training
Subject to all other qualifications in this clause, the
Employer may grant an elected delegate Leave with pay to attend union courses
which are approved by the Employer and which are designed to promote good
industrial relations within the Division. Such leave will be granted in
accordance with existing policy. Provided that should such leave be granted, it
shall be conditional upon the Employer being able to make adequate staffing
arrangements amongst current Employees. The Employer will not be required to
pay for any expenses (such as travel, accommodation and meals) associated with
or incurred by the delegate attending the course.
68.5 Amenities
The Employer will provide facilities that may be
reasonably required for the delegate to properly represent their members, such
as a telephone, desk and filing cabinet. There will be paid quarterly delegates
meetings. A maximum of two delegates from large locations and one delegate from
small locations with less than 100 buses can attend quarterly delegates
meetings. This is exclusive of office holders of combined maintenance unions.
69. Right of Entry of
Union Officials
69.1 For the purposes
of:
(a) ensuring compliance
by the Parties with the terms of this Award, and
(b) facilitating
discussions concerning matters pertaining to the employment relationship
between the Employer and Employees covered by this Award , and their
representatives:
(i) any appointed or
elected officer of a union party to this Award, will have access to the duly
elected or appointed union representative and/or their member/s, on the site
during normal working hours, for the purposes of holding discussion, providing
those discussions are about matters that pertain to the employment relationship
between the Employer and the Employees; and
(ii) such visits
shall be notified by the officer prior to actually going on to the site and
such visits will be made in the presence of an authorised officer of the
Employer and comply with all safety requirements and directions while on site.
Where necessary, Union Officials will undergo a site induction.
69.2 Any appointed or
elected officer of a union party to this Award shall have power to inspect any
part of the work where it is suspected or believed a breach of this Award is
occurring or has occurred.
69.3 The Employer
shall provide the officer with the necessary facilities for the investigation
of the breach or suspected breach of this Award. Such investigations shall
include access to the wages books or time sheets. The Officer shall minimise
interruptions to the work processes.
PART X - GENERAL
70. Drugs and Alcohol
70.1 The parties,
being committed to the highest standards of safety in the operation of the
Public Transport System, are specifically committed to ensuing that staff do
not work while their effective functioning is impaired.
70.2 The parties
recognise the importance of, and accept the need for, monitoring and detection
of impairment by alcohol and drugs.
71. Renegotiation
71.1 It is agreed
between the parties to commence negotiation of the next industrial instrument
no later than six (6) months prior to the expiry of this Award.
72. Dispute
Settlement Procedure
72.1 When the parties
to this Award are in dispute over any issue that directly affects the interest
of any of the parties, the dispute will be dealt with in accordance with this
clause.
72.2 Step 1
In the first instance, any claim, dispute or matter
(the Dispute) which is local in nature, and which will not impact on other
locations, will be settled at the workplace between the Employee and or their
representative or Union and the local Manager (that is, the Employee’s
immediate Manger). Where practical, a genuine attempt to resolve the Dispute
should be made within 24 hours of the dispute being raised.
72.3 Step 2
If the Dispute cannot be resolved as provided for in
Step 1 the Employee and or their representative or local delegate is to present
the Depot/Unit Manger with a notice of dispute outlining the specific nature of
the dispute. The Depot/Unit Manager will discuss the Dispute with the Employee
and or their representative, and local union delegate as soon as practicable.
72.4 Step 3
If the Dispute is not resolved as provided for in Step
2 (or if the subject matter of the Dispute is not local in nature), the Dispute
should be referred to the appropriate General Manager, and may also be referred
by the Employee or their representative or local union delegate to a Union
Official, who must attempt to resolve the dispute.
72.5 Disputes, which
are not Local in Nature
Where a dispute is not local in nature, involves the
interpretation of a Policy of the Employer or an industrial instrument, the
parties to the Dispute may agree to bypass Steps 1 through 3 and instead refer
the matter directly to the Manager, Employee Relations for resolution, in
conjunction with the relevant Manager/s or General Manager/s.
72.6 Step 4
If, following action under Steps 1 through 3 (Disputes
Not Local in Nature subclause) a dispute remains unresolved, the Employee,
their representative or a Union, or the Manager Employee Relations, may refer
the matter to the General Manger, Human Resources (or, at the discretion of the
General Manger, Human Resources, the Chief Executive) for a further attempt at
resolution between the parties.
72.7 Step 5
If, following action under Steps 1 to 4, the Dispute
remains unresolved, a party to the Dispute may refer the Dispute to Unions NSW
(advice to be provided to other party/ies) following which a 72 hour cooling
off period (exclusive of weekends and public holidays) will apply, to enable
Unions NSW to assist in the resolution of the Dispute.
72.8 Step 6 - Referral
to the IRC
If, following action under Steps 1 to 5, the dispute
remains unresolved, any party to the Dispute may refer the dispute to the
Industrial Relations Commission for conciliation and if necessary, arbitration.
72.9 The parties
recognise that disputes can differ widely in nature, and can thus take
different lengths of time to resolve, but the parties also agree that disputes
should be resolved as quickly as is possible; that, subject to any contrary
agreement between State Transit and the Employee or Union involved, any
individual step in the process should as a general rule take no more than five
working days to complete; and that in the case of each step attempts should be
made to hold discussions within two working days of commencing the step.
72.10 Any Dispute that
is still unresolved after having been progressed in accordance with the steps
in this clause and is not further referred to by State Transit, the Employee,
or a union party to this Award for a period of twenty-eight working days after
the last step, it will be deemed to be no longer a matter in dispute.
72.11 Nothing in this
clause prevents the making of an agreement to refer a Dispute to a step other
than the one next in sequence, in order to accelerate resolution or for some
other reason; or the reference of a dispute to the relevant industrial tribunal
for urgent resolution.
72.12 While a Dispute
is being dealt with under one of the preceding paragraphs in this subclause
work must continue without disruption and work practices, which existed prior
to the Dispute, shall apply, except where they involve the application of
provisions of this Award.
72.13 The parties
acknowledge that, where a Dispute involves a matter where genuine, serious and
immediate risk is posed to the health or safety of any person, it may not be
practical to follow the procedures in this clause in attempting to resolve the
dispute; and that an urgent reference to the relevant Industrial Tribunal may
be required.
73. No Extra Claims
73.1 The parties agree
that, during the term of this Award, there will be no extra wage claims, claims
for improved conditions of employment or demands made with respect to the
employees covered by the Award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other industrial tribunal.
73.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
73.3 Variations made
with the agreement of the parties as provided for in clause 6(1)(d) of the Industrial Relations (Public Sector
Conditions of Employment) Regulation 2011 or its successor are not prohibited
by this clause.
PART B
SCHEDULE A - WAGES
AND ALLOWANCES TABLES
Table 1 - Wages
Weekly Rates for Engineering Leading Hand (L/H)
Classification
|
1 January 2012
|
|
2.5%
|
L/H Step 1
|
1195.70
|
L/H Step 2
|
1230.00
|
L/H Step 3
|
1264.60
|
Weekly Rates for Engineering Repair Tradesperson (ERT)
Classification
|
1 January 2012
|
|
2.5%
|
ERT Level 4
|
1130.50
|
ERT Level 3
|
1074.40
|
ERT Level 2
|
1022.00
|
ERT Level 1
|
972.70
|
Weekly Rates for Storeperson
Classification
|
1 January 2012
|
|
2.5%
|
Level 2
|
958.80
|
Level 1
|
899.70
|
Weekly Rates for Engineering Repair Assistants (ERA)
Classification
|
1 January 2012
|
|
2.5%
|
ERA Level 4
|
899.70
|
ERA Level 3
|
850.90
|
ERA Level 2
|
826.80
|
ERA Level 1
|
778.30
|
Weekly Rates for Apprentices
Classification
|
1 January 2012
|
4th Year (88%)
|
856.00
|
3rd Year (75%)
|
729.50
|
2nd Year (60%)
|
583.60
|
1st Year (50%)
|
486.30
|
plus the relevant proportionate Industry Allowance.
|
Table 2 - Allowances
Allowances
|
1 January 2012
|
Wet Work
|
0.58 c p.h.
|
Confined Spaces
|
0.72 c p.h.
|
Height Money
|
0.37c p.h.
|
Asbestos
|
0.76c p.h.
|
Fibreglass
|
0.26c p.h.
|
Chokages
|
7.45 p.d.
|
Supervisor
|
38.90 p.w.
|
Certificate - Electrician
|
|
Registration Certificate - Electrician
|
21.10 p.w.
|
Plumbers Registration
|
0.76 c p.h.
|
Private Motor Vehicle
|
Rate
prescribed by Premier’s and as published in STA policies
|
|
when
an Employee is required to use their own vehicle.
|
|
Premier’s
rate as at 1 July 2011 are currently:
|
|
Engine
Capacity - Rate
|
|
2601
cc and over 75 cents per km
|
|
1601
cc to 2600cc 74 cents per km
|
|
1600cc
or less 63
|
|
|
|
Casual
rates
|
|
|
|
Where
an Employee uses their own vehicle with the prior
|
|
consent
of the Employer, in lieu of an STA funded resource
|
|
e.g.
public transport, taxi voucher or vehicle, the Employee
|
|
|
|
shall
be paid 40% of the official
|
|
business
rate prescribed above.
|
|
|
Asbestos Eradication
|
2.00ph
|
First Aid
|
15.00pw
|
Industry Allowance (non Apprenticed
|
44.10
|
full time adult employees)
|
|
Living Away From Home Allowance/
|
Allowances prescribed by Premier’s and as published in STA
|
Meal Allowance for One Day Journeys
|
policies shall be payable with respect to overnight travel
|
where refreshments and
|
allowance (as at 1 July2010, rate for Sydney is $293.35
|
accommodation are not provided
|
and Newcastle
$242.85) and meal allowances for one day
|
|
journeys which as at 1 July 2008 range from $23.10 -
$44.40.
|
|
|
The overtime meal allowances is currently $12.50 for the
first meal and $10.70 for each subsequent meal,
|
and will be adjusted from time to time in accordance with
the Crown Employees (Skilled Trades) Award.
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.