TAB CLERICAL AND ADMINISTRATIVE STAFF PHONETAB OPERATORS AWARD 2000

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Federated Clerks' Union of Australia, New South Wales Branch, industrial organisation of employees.

 

(No. IRC14 of 2001)

 

 

AWARD

 

INDEX

 

Clause No.      Subject Matter

 

1.         The Award

2.         The Parties

3.         Definitions

4.         Hours

5.         Meal Breaks

6.         Wage Rates

7.         Categories

8.         Customer Service/Operator Designations

9.         Special Operators

10.       Shift Allocation

11.       Rostering

12.       Rostering Committee

13.       Attendance Productivity Scheme (APS)

14.       Minimum 90% Attendance Requirement

15.       Saturday Attendance  Bonus Scheme (SABS)

16.       Error Free Bonus Scheme (EFBS)

17.       Attendance

18.       Performance Assessment

19.       Consultative Meetings

20.       Role of Managers and/or Supervisory Staff

21.       Dispute/Grievance  Resolution Procedure

22.       Miscellaneous Provisions

23.       Developmental Opportunities

24.       Conditions Not Altered by this Award

25.       No Extra Claims

26.       Anti-Discrimination

27.       Area, Incidence and Duration

 

Appendix A - Plus Shift (+) Listing

Appendix B - Operators Retaining Rostering Arrangements from             Granville Opening 1987

 

1.  The Award

 

This Award shall be known as the TAB Clerical and Administrative Staff PhoneTAB Operators Award 2000.  It rescinds and replaces TAB Clerical and Administrative Staff PhoneTAB Operators Award 1998, published 19 November 1999 (312 I.G. 187), as varied.  The Award applies to all staff employed by TAB Limited as PhoneTAB Operators.

 

2.  The Parties

 

This Award has been made between TAB Limited and the Federated Clerks Union of Australia, New South Wales Branch.

 

3.  Definitions

 

For the purposes of this Award:

 

(i)         "category" shall mean the classification by which a PhoneTAB Operator is allocated available shifts.

 

(ii)        "crib" shall mean the payment received by an Operator if they are required to work through a designated meal break.

 

(iii)       "Customer Service Operator designation" shall mean that this Operator is required to perform duties associated with the special needs of PhoneTAB customers.  These Operators are specially trained and are identified for rostering purposes by a "CS" designation.

 

(iv)       "SPC " designation shall mean  that this Operator may be required to work shifts in the SPC section.

 

(v)        "Buddy" shift shall mean an Operator required to assist new trainee PhoneTAB Operators.

 

(vi)       "SportsTAB Operator" shall mean an Operator who may be required to take bets on fixed odds betting.

 

(vii)      "extended shift" shall mean a shift that is longer than 5 hours 30 minutes.

 

(viii)     "meal break" shall mean the length of time during a shift designated as a non-work period.  The break will last 30 minutes and the Operator will not be paid for this period.

 

(ix)       "midweek" shifts shall mean those shifts that are available for distribution Monday through Friday, except those days that are designated Public Holidays.

 

(x)        "Operator leave" levels shall mean the total number of operators who can notify their unavailability for a roster.  Ceiling numbers are established in response to operational demands and are updated on a weekly basis.  Once ceiling levels are reached, further requests for leave may not be approved.

 

(xi)       "PhoneTAB Operator" shall mean an individual employed by TAB Limited on a casual basis to answer customer calls in PhoneTAB.

 

(xii)      "plus" shall mean only those existing PhoneTAB Operators who have received the "plus" designation as part of a superseded agreement (their names and employee numbers are attached as Appendix A).  The "plus" designation will not be extended to any other PhoneTAB Operators.

 

(xiii)     If any of the existing holders of a "plus" designation change category, they will forfeit their "plus" designation.

 

(xiv)     "Public Holiday" shall mean any day gazetted as a Public Holiday within NSW.

 

(xv)      "roster cycle" shall mean the rotation of available shifts amongst available operators commencing from the operating date of this Award.

 

(xvi)     "roster" shall mean the weekly distribution of available shifts made to available PhoneTAB Operators.

 

(xvii)    "shift availability" shall mean the total number of shifts available for distribution   during a roster period.  The number of shifts available each roster period will vary in response to operational demands.

 

(xviii)   "shift length" shall mean the time worked as a continuous period in one 24 hour span.  The minimum shift length is 4 hours. 

 

(xix)      "shift" shall mean the period of work a PhoneTAB Operator is allocated daily.

 

(xx)       "Sunday" shall mean any Sunday that the TAB may operate.

 

(xxi)      "target shifts" shall mean the number of shifts per week an Operator in a designated category would prefer to work.  Thus an Operator in the 4FA category has indicated a preference for 4 shifts per week, while a 2N Operator has indicated a preference to work 2 shifts per week.

 

(xxii)     "Union" shall mean the Federated Clerks Union of Australia NSW Branch.

 

(xxiii)    "waiting list" shall mean a record detailing the names and employee numbers of those PhoneTAB Operators who are seeking to enter the category for which the waiting list has been established.  Operator details are placed on the list in order of waiting list opening date combined with each individual's date of commencement as a PhoneTAB Operator.  Waiting lists need not be maintained for all categories.

 

Waiting lists remain closed until operational demands indicate a need to change Category and/or waiting list numbers.

 

4.  Hours

 

(i)         PhoneTAB Operators shall be available to be rostered for shifts commencing at or after  7.30 am and at or before 7.15 pm daily.

 

(ii)        Shift Lengths

 

(a)        Minimum shift length will be four (4) hours with a rest break of no more than 15 minutes allocated between the second and third hours.

 

(b)        Maximum shift length shall be seven and one half (7. 5) hours.

 

(iii)       The maximum number of ordinary hours per week shall not exceed thirty eight (38) hours.

 

5.  Meal Breaks

 

An Operator who is required to work a shift in excess of five and a half (5.5) hours shall be eligible to a maximum break of 30 minutes for the purposes of taking a meal.  In the event that such a break cannot be taken, the Operator shall be eligible for payment of the 30 minutes at the appropriate hourly rate.

 

6.  Wage Rates

 

(i)         The wage rates in this Award shall reflect a 5% increase with effect from the first full pay period to commence on or after 25 November 2000, a further 2.5% increase with effect from the first full pay period to commence on or after 1 May 2001, and a further increase of 3% from the first full pay period to commence on or after 1 November 2001.

 

(ii)        The following hourly rates shall apply from the first full pay period to commence on or after 25 November 2000:

 

PhoneTAB Operators:	Adult	19 & 20 yrs	18 yrs & under
		(75%)	(60%)
For all time worked other than Sundays and Public Holidays (ordinary time rate)	$17.69	$13.27	$10.62
Time worked on Sundays and Public Holidays	$35.38	$26.54	$21.24
Special PhoneTAB Saturday Allowance: $1.71 per hour
SPC, CS, Buddy Trainer Operators, and Sportsbetting Allowance: $0.83c per hour. (CS only applies to work performed on a casual basis).
Relief Team Leader/Resourcing Co-ordinator Additional Rate: $2.23 per hour

 

Trainee Operators:	Adult	19 & 20 yrs	18 yrs & under
(80% of operator’s rate)
For all time worked other than Sundays and Public Holidays (ordinary time rate)	$14.15	$10.62	$8.49
Time worked on Sundays and Public Holidays	$28.30	$21.24	$16.98

 

(iii)       The following hourly rates shall apply from the first full pay period to commence on or after 1 May 2001:

 

PhoneTAB Operators:	Adult	19 & 20 yrs	18 yrs & under
		(75%)	(60%)
For all time worked other than Sundays and Public Holidays (ordinary time rate)	$18.13	$13.60	$10.88
Time worked on Sundays and Public Holidays	$36.26	$27.20	$21.76
Special PhoneTAB Saturday Allowance: $1.75 per hour
SPC, CS, Buddy Trainer Operators and Sportsbetting Allowance: $0.85c per hour. (CS only applies to work performed on a casual basis).
Relief Team Leader/Resourcing Co-ordinator Additional Rate: $2.29 per hour

 

Trainee Operators:	Adult	19 & 20 yrs	18 yrs & under
(80% of operator’s rate)
For all time worked other than Sundays and Public Holidays (ordinary time rate)	$14.51	$10.88	$8.70
Time worked on Sundays and Public Holidays	$29.02	$21.76	$17.40

 

(iv)       The following hourly rates shall apply from the first full pay period to commence on or after 1 November 2001:

 

PhoneTAB Operators:	Adult	19 & 20 yrs	18 yrs & under
		(75%)	(60%)
For all time worked other than Sundays and Public Holidays (ordinary time rate)	$18.68	$14.01	$11.21
Time worked on Sundays and Public Holidays	$37.36	$28.02	$22.42
Special PhoneTAB Saturday Allowance: $1.81 per hour
SPC, CS and Buddy Trainer Operators and Sportsbetting Allowance: $0.88c per hour. (CS only applies to work performed on a casual basis).
Relief Team Leader/Resourcing Co-ordinator Additional Rate: $2.36 per hour

 

Trainee Operators:	Adult	19 & 20 yrs	18 yrs & under
(80% of operator’s rate)
For all time worked other than Sundays and Public Holidays (ordinary time rate)	$14.94	$11.21	$8.97
Time worked on Sundays and Public Holidays	$29.88	$22.42	$17.94

 

(v)        The wage rates in this clause include loadings to reflect the casual nature of employment, and include the 1/12 loading for annual leave entitlement.

 

(vi)       The parties agree to maintain the:

 

Attendance Productivity Scheme (APS) (see clause 13).  The APS percentage shall be four percent (4%).

 

Saturday Attendance Scheme (SABS) (see clause 15).  The SABS percentage shall be one percent (1%).

 

Error Free Bonus Scheme (EFBS) (see clause 16).  The EFBS percentage shall be one percent (1%).

 

(vii)      During the term of this Award there shall be no other increases to wages except those provided for under Clause 25 of this Award.

 

(viii)     The rates of pay contained in this clause take effect on and from 2 January 2001.  Employees covered by this Award at the said date will be paid the rate of pay in accordance with this clause on and from 25 November 2000, 1 May 2001, and 1 November 2001 or the date of employment whichever is the later.

 

(ix)       The parties acknowledge that the APS, SABS and EFBS will be calculated on two 14 week periods and two 12 week periods (ie. 14, 12, 14, 12).

 

7.  Categories

 

The number of Operators required will vary in response to operational demands.

 

(i)         All PhoneTAB Operators shall be categorised on the basis of a number of total target shifts preferred to be worked per week.

 

(ii)        Any Granville Operator designated as being in the pre-award categories ( see appendix B) shall retain the conditions applicable to that designation. No additional Operators will be included in the designated pre-Award categories and the arrangements will continue only for each designated Operator’s current period of employment.  If any Operator wishes to change category, they will forfeit the conditions associated with their pre-Award designation.

 

(iii)       The Ultimo Categories shall be:

 

4A:      Anytime (Saturday plus three (3)  shifts per week, available day and night

 

3A:      Anytime (Saturday plus two (2) shifts per week, available day and night)

 

*3N:    Night (Saturday plus two (2)  shifts per week, available night only )

 

*2N:    Night (Saturday plus 1 shift per week available night only)

 

SATS: Saturday (1 shift per week on Saturday. Sunday shifts allocated on rotation as per Clause 11(v).

 

SOMC:            Saturday only/Melbourne Cup (1 shift per week on Saturday only and must be available for Melbourne Cup). Sunday Shifts allocated as per Clause 11 (v)

 

* not applicable to Mayfield.

 

(iv)       The Granville Categories shall be:

 

4A:      Anytime (Saturday plus three shifts per week, available day and night)

 

3A:      Anytime (Saturday plus two shifts per week, available day and night)

 

4D:       Saturday plus three shifts per week (latest start time 1725 midweek)

 

3D:       Saturday plus two shifts per week (latest start time 1725 midweek

 

3N:       Saturday plus two midweek nights commencing 1730

 

2N:       Saturday plus one midweek night commencing 1730

 

(v)        All Operators, except those in the SATS category at the time of making this Award, must make themselves available for rostering on Melbourne Cup day/night.  All efforts will be made to roster Operators in accordance with their normal availability (day or night).  Those Operators who reduce their availability to Saturday will be placed in the SOMC category.

 

When an SOMC Operator moves to another category, the requirement to be available for Melbourne Cup rostering also remains.  SATS category Operators not affected by the Melbourne Cup requirement outlined above must indicate their availability for rostering on Melbourne Cup day/night within 14 days of being requested to do so by Management.

 

(vi)       Management reserves the right to determine commencement times for night shifts. Commencement times will be no earlier than 16:00.  Consideration will be given, where possible, to commencement times nominated by Operators.

 

(vii)      PhoneTAB Operators who commence as SOMC Operators must make themselves available on Melbourne Cup Day/Night, regardless of which category or category waiting list they may subsequently join.

 

(viii)     Waiting lists will be opened from time to time in response to operational needs. While a waiting list is open, all PhoneTAB Operators, will be able to apply for the open waiting list of their choice.  Operators shall be limited to applying for one (1) waiting list only at any one time.

 

(ix)       All PhoneTAB Operators recruited after the date of effect of this Award will commence in the SOMC category and remain in that category until offered the opportunity to apply for another category or category waiting list.

 

(x)        Operators will be advised of waiting list vacancies and application procedures via the PhoneTAB Bulletin and/or additional notices on staff notice boards.

 

(xi)       Position on a category waiting list shall be determined by combining the date that a   specific category waiting list opens with the applicant’s date of employment as a PhoneTAB Casual Operator.

 

(xii)      Movement into a category, other than SOMC, will occur from the top of the appropriate waiting list and in response to operational demands.  An individual's performance record (attendance, service quality and accuracy) will be considered in the decision to move an operator into a category.

 

(xiii)     Any application by an individual PhoneTAB Operator to effect a reduction in the target number of shifts worked per roster will be considered on merit.

 

8.  Customer Service /Operator Designations

 

(i)         Operators designated as Customer Service Operators (CS ) may be deployed in response to fluctuating customer service requirements such as enquiries /information; account administration; complaints/customer relations; special needs and other areas as arise as part of operational activities and initiatives.

 

(ii)        Operators may apply at any time to the Staffing Office for consideration as a Customer Service Operator.

 

(iii)       If accepted, training will be provided. Upon satisfactory completion, the Operator will be designated CS.

 

(iv)       Designations will be contingent upon continued satisfactory  performance. If an individual's performance as a CS is determined to be less than satisfactory, that Operator's designation will lapse.  To regain a designation, an Operator will need to re-apply and satisfy all assessment criteria.

 

(v)        As demand for staffing CS fluctuates, Operators holding a CS designation cannot be guaranteed that all shifts they receive will be CS shifts.

 

9.  Special Operators

 

(i)         Waiting lists for SPC will be opened from time to time in response to operational demand. While an SPC waiting list is open all Operators are eligible to apply. Selection will be based on overall job performance.

 

(ii)        If accepted training will be provided. All new SPC Operators must pass a 3 month probation period satisfactorily before their position in an SPC category or SPC waiting list is confirmed.

 

(iii)       Designations will be contingent upon continued satisfactory performance.  If an individual's performance as an SPC Operator is determined to be less than satisfactory that Operator shall be removed from SPC.

 

(iv)       As demand for staffing the SPC area fluctuates, Operators holding an SPC designation cannot be guaranteed that all shifts they receive will be SPC shifts.

 

10.  Shift Allocation

 

(1)        Daily -

 

(a)        Each operating day, before any other allocation parameters come into effect, CS and SPC shifts  will be allocated.

 

(b)        Saturday CS and SPC shift requirements are met first, followed by Public Holidays/Sundays and then midweek.

 

(c)        The allocation of general shifts then commences with designated Operators in the 4A category and moves through as per Clause 7 (ii) and (iii) until all available shifts that  day are filled, or each Operator holding a relevant designation has been rostered one shift.

 

(d)        For each of the remaining days in that roster week, the allocation continues to rotate amongst the pool of designated Operators and only moves to the next day once (c) is achieved.

 

(e)        It is possible that not all designated Operators will have been rostered for the target number of shifts associated with their category by the time all available shifts have been filled. The specific rostering parameters which follow will accommodate this.

 

(2)        Saturdays - Saturday shifts shall be allocated to all available Operators on a rotational basis.

 

If the number of Saturday shifts available for distribution on a particular Saturday is insufficient to allocate  one shift to each of the available Operators, the following procedures shall apply:

 

(a)        Operators in the Saturday Only Melbourne Cup (SOMC) and Saturday Only (SATS) categories shall be rostered off on a rotational basis.

 

(b)        The rostering off rotation shall commence with SOMC Operators and shall progress in order of most recent date of employment as a PhoneTAB casual Operator.

 

(c)        When a public holiday falls on a Saturday, public holiday rostering procedures apply.

 

(3)        Midweek - Midweek shifts are distributed after the Saturday, relevant Public Holiday(s) and Sunday shifts.

 

(a)        Shifts available for distribution are allocated to Operators with the highest number of target shifts and availability first and then to those operators with the second highest number of target shifts and so on.

 

(b)        If midweek shifts remain to be filled after the available category Operators have achieved their target number of shifts (see above), the remaining shifts shall be allocated one shift to each available Operator on waiting lists in the following order:

 

(1)        The distribution will commence with the Operator with the earliest date of joining a waiting list and will progress through the Operators on waiting lists in the order of date of joining.

 

(2)        Repeat step (1) above.

 

(3)        Operators who hold a "plus" designation, commencing with the Operator with the highest number of target shifts and progressing by order of seniority within the group holding that number of target shifts.

 

(4)        Operators in categories (except SATS and SOMC) who have requested leave for the Saturday shift that roster and have received approval.

 

(5)        The roster cycle will not always complete the full rotation through the Operators on the waiting lists.  When this occurs the next midweek rostering, to reach (b1) above, shall commence from that Operator last rostered in (b1).  One complete allocation through the waiting list Operators as described in (b1) and must occur before the cycle moves to (b2).

 

(6)        Operators as described in (b1) who have not yet achieved the number of target shifts associated with their waiting list category.

 

(7)        Should shifts still remain for distribution, Operators in categories will be rostered for one shift each commencing with 4A and progressing through as per clause 7 (ii) and (iii).

 

(c)        If the number of midweek shifts available for distribution is insufficient to allocate target shift numbers to each of the available category Operators, Operators in categories eligible for midweek shifts shall be rostered off on a rotational basis.  The following procedures shall apply:

 

(1)        Rostering off shall commence with Operators in the category with the lowest number of target shifts, ie 2N, 3N, 3A to 4A and progress through in that order.  Within each category the Operator with the most recent date of employment shall be the first to be rostered off.

 

(2)        The rostering off will not always complete a full rotation each roster.  When this occurs the next rostering off shall commence from the Operator last rostered off in Clause 10(iii)(c)(1).

 

(4)        Public Holidays - Public Holiday shift allocation shall occur as follows:

 

The distribution of Public Holiday shifts will commence with the Operator with the oldest date of employment.

 

(5)        Sundays -

 

Sunday shifts equivalent to the number allocated for the 31 racing Sundays in place prior to 1st July 1998 will be allocated on a rotational basis to all available Operators, except those Operators in the SOMC and the SATS categories.  The rotation will commence with the Operator with the oldest date of employment and progress in that order.

 

Shifts remaining after the above process and Sunday Shifts equivalent to additional Sundays added after 1 July 1998 will be distributed to the available SATO and SOMC Operators on a rotational cycle. The rotation will commence with the SATO Operator with the oldest date of employment and progress in that order. SATO and SOMC Operators must attain six months service to qualify for Sunday Shift rotation.

 

Operators who do not attend their allocated Saturday shift immediately prior to a rostered Sunday shift will not be permitted to commence their Sunday shift. (Approved leave and Doctor's Certificates exempt).

 

(6)        Night Shifts - Work performed after midnight will continue to be allocated on a voluntary basis, and paid for at the existing specified rates.  Negotiations to establish a special category for such work will commence within three months of the making of this award, with a view to finalising negotiations within 6 months.

 

11.  Rostering

 

Operational demands will determine which Call Centre(s) operates per race day and also          the number of staff rostered.

 

(i)         Each PhoneTAB Operator will be rostered in accordance with their individual roster category.  Roster categories are defined in Clause 7.

 

(ii)        The roster shall be prepared for a period of one week.  It shall be published at least 10 days prior to the commencement of that period.

 

(iii)       All PhoneTAB Operators, regardless of their individual category, must be available to attend at any time on Saturdays within normal working hours.

 

(iv)       PhoneTAB Operators must indicate their individual inability to attend for each roster week 30 days in advance.  Requests for leave will be subject to the pre-determined Operator leave levels.  Individual requests for absence above and beyond predetermined leave levels will be considered on merit.

 

(v)        PhoneTAB Operators will not be rostered at times when they have notified of their inability to attend as per 11 (iv).

 

(vi)       Provided that a sufficient number of shifts is available for distribution, all available PhoneTAB Operators will be offered a minimum of one shift per week.  This will not apply to those Operators:

 

(a)        within the SOMC category, or

 

(b)       with a self-imposed Saturday only restriction.

 

(vii)      Consideration will be given to a PhoneTAB Operator's preference for working Saturday late afternoon and evening shifts. However such an allocation cannot be guaranteed.

 

(viii)     All PhoneTAB Operators, ( except SATS category) current and future, may be required to work on the day or night of the Melbourne Cup.

 

(ix)       Operators will be required to ring in on a 1800 number to an IVR system to confirm start times.  

 

12.  Rostering Committee

 

(i)         The parties agree to continue to participate in a working committee which was established in February 1996 to review the method of rostering PhoneTAB Operators.

 

(ii)        Nothing in this Award shall prevent changes to the existing rostering arrangements being implemented as soon as practicable, provided such changes are agreed between the parties.

 

13.  Attendance Productivity Scheme (APS)

 

The parties agree to maintain the attendance productivity scheme (APS).  The APS percentage shall be four per cent (4%).

 

The scheme shall operate as follows:

 

(i)         At the completion of each 13 week period, the TAB shall pay to each employee who has attended for 95 per cent or more of rostered shifts, an amount equal to the appropriate APS percentage of that employee's earnings for the relevant period.

 

(ii)        If, in calculating 95% of an employee's rostered shifts, the resultant figure is not a whole number, those parts of the figure which are 0.5 and over shall be rounded up to the nearest whole number.  Those below 0.5 shall be rounded down to the nearest whole number.

 

Example 1: If an Operator was rostered for 53 shifts over the 13 week period, to qualify for the entitlement he/she would have to attend as follows:

 

53 x 95% = 50.35

 

The figures 0.35 would be disregarded, so that to qualify for the APS, the Operator would need to have attended 50 shifts.

 

Example 2: If an Operator was rostered for 48 shifts over the 13 week period, to qualify for the entitlement he/she would have to attend as follows:

 

48 x 95% = 45.6

 

The figure of 0.6 would be rounded up, so that to qualify for the APS the Operator would need to have attended 46 shifts.

 

(iii)       TAB Limited shall also calculate the total wages bill for the relevant period, from which it shall deduct the total wages bill of those Operators who have attended for 95 per cent or more of rostered shifts.

 

It shall then calculate the appropriate APS percentage of the residual figure and shall distribute such amount as follows:

 

(a)        70% shall be paid to Operators who have attended for 95% or more of their rostered shifts over the relevant period and shall be allocated in proportion to such Operator's PhoneTAB earnings over the relevant period;

 

(b)       30% shall be paid to Operators who have attended 100% of their rostered shifts over the relevant period and shall be allocated in proportion to such Operator's PhoneTAB earnings over the relevant period.

 

(iv)       In assessing attendance, the following absences shall not be counted as rostered shifts:

 

(a)        Where a substitute shift is authorised;

 

(b)       Where absence is due to family bereavement (up to a maximum of two days);

 

(c)        Where an Operator is required to attend for jury duty;

 

(d)       Where an Operator obtains authorised leave prior to the preparation of rosters;

 

(e)        Where an Operator obtains authorised midweek leave after the preparation of rosters but with sufficient notice for management to organise a replacement for the Operator absenting themselves.  Two (2) working days is deemed sufficient notice.  Management has the absolute discretion to authorise or not authorise the leave in such circumstances.

 

(f)        Where an Operator is unable to attend for duty by reason of illness and is able to substantiate such illness by the production of a medical certificate on next attending work.  The maximum amount of notice is to be provided to management of this absence, in order that replacement may be arranged.

 

(g)       Where such other circumstances arise where, in the judgment of the Management, any employee would not reasonably have been able to attend for duty.  The Manager Account Sales is to have absolute discretion in this matter.

 

(v)        An Operator attending for duty who is required by reason of illness to absent him/herself for part of his/her shift shall, for the purpose of the APS, be deemed to have worked the shift in its entirety.

 

(vi)       An Operator commencing or ceasing employment part-way through a 13 week period shall be treated as having been employed for the entirety of the period but shall be regarded as having not been rostered for the period before his/her commencement or after his/her termination whichever the case may be.  Provided that employees terminated by TAB Limited shall be excluded from this arrangement.

 

(vii)      In calculating either an Operator's wage for a period or the total wage bill for a period, TAB Limited shall refer to the amounts actually paid during a period rather than allocate such amounts to the period for which they should have been paid.

 

(viii)     Under no circumstances shall TAB Limited become entitled to retain any money which accrues as a result of this award.  In the event that there is still money to be distributed after all steps contained in this award are completed, discussions shall be held between the Union and Management to determine an appropriate method of distribution.

 

14.  Minimum 90% Attendance Requirement

 

(a)        At the completion of each 13 week APS period (See 14 9) Operators who have not attended for 90% or more of their rostered shifts will receive a warning by Management.

 

(b)        Should the 90% attendance requirement not be achieved twice within a 12 month period, an Operator shall have his/her shift allocation reduced by one shift per week for 12 weeks in the following period.  (SAT only staff will be terminated).

 

(c)        Should the 90% attendance requirement not be achieved 3 times within a 12 month period, an Operator's preferred number of target shifts will be reduced by one shift per week permanently.

 

(d)        Rostered shifts are calculated on the same basis as for the APS.

 

15.  Saturday Attendance Bonus Scheme (SABS)

 

The Parties agree to maintain the Saturday Attendance Bonus Scheme (SABS). The SABS percentage will be 1% of the total wage pool for the 13 week period.

 

The Scheme shall operate on the following basis:

 

(i)         Payment cycles will apply as per the APS.

 

(ii)        Operators must attend 100% of Saturday Shifts to qualify for a share of the 1% total wage pool for the 13 week period.

 

(iii)       Operators who have attended 100% of their rostered Saturday shifts during the SABS period shall be paid in proportion to such Operators PhoneTAB earnings during the relevant period.

 

(iv)       Approved leave and sick leave subject to verification by medical certificates will not be included as an absence.

 

16.  Error Free Bonus Scheme (EFBS)

 

The parties agree to maintain an Error Free Bonus Scheme (EFBS). The EFBS percentage will be 1% of the individuals wages for the 13 week period.

 

The Scheme will operate on the following basis:

 

(i)         Payment cycles will apply as per the APS and SABS.

 

(ii)        Operators must be 100% error free to qualify for an extra 1%  of the individuals wages for the 13 week period.

 

(iii)       Only errors attributed solely to the Operator will be used in this calculation. As is        the current practise Management will continue to determine the outcome of customer claims.

 

(iv)       Date of payment of error shall determine the EFBS period.

 

17.  Attendance

 

When a PhoneTAB Operator is absent from rostered duty due to emergent community service (such as State Emergency Service duty), the Operator will be paid for the full shift length.

 

Payment will be made subject to production of evidence of attendance with an indication of the nature of such community service.

 

18.  Performance Assessment

 

(i)         The parties agree that it is necessary to assess the quality of service and skills levels of Operators.

 

(ii)        The method of such assessment will be a combination of observation, verbal and written testing.

 

(iii)       Where appropriate, remedial or additional training will be offered to those Operators determined to be performing below acceptable levels.

 

19.  Consultative Meetings

 

The parties agree to continue to have regular meetings between Union Representatives and Management.  It is intended that meetings be arranged as follows: 

 

(i)         Local Meetings -

 

(a)        Where practicable meetings will be held on a monthly basis at a time and date to be agreed between the parties.

 

(b)        Union Representatives will provide Management with a written agenda of matters they wish to have discussed at the meeting five working days prior to the meeting.

 

(c)        Management will provide Union Delegates with a written agenda of matters they wish to have discussed at the meeting five working days prior to the meeting.

 

(d)        Attendance at all meetings with Management will be  paid time for Union Delegates.

 

(e)        Meetings amongst Union Delegates and Union Officials prior to discussing agenda items for the Union/Management meetings will be paid time for up to 90 minutes of a rostered shift.  In extenuating circumstances and upon request, consideration will be given to payment for additional time for such meetings.  In the case of Delegates from Granville this will involve the allocation of a shift within Ultimo.  Attendance at these meetings will be limited to the Head Delegate, 3 Delegates from Ultimo, 2 from Granville and 1 from Newcastle.

 

(f)         Minutes of business discussed at each meeting will be taken and copies will be forwarded to all attendees, one week prior to the next meeting.

 

(ii)        General Meetings - Where issues remain unresolved in meetings convened under (i) above, meetings shall be arranged between the parties to discuss such matters.  These meetings will be attended by a Union Official, a Union Representative from each site, and the PhoneTAB Operations Manager, and/or the Manager Account Sales, and the Employee Relations Manager.

 

(iii)       TUTA Training - Subject to operational requirements, time to attend relevant TUTA courses will be granted to nominated Union members.  For a total of twenty days per calendar year, nominated operators will be paid the minimum shift of four hours per day of attendance.

 

(iv)       Central Council Meetings - Subject to operational requirements, delegates elected to the Central Council of the Union will be paid  for attendance at Central Council meetings.  Payment will be limited to two Operators attending on two occasions per calendar year.  Payment for the minimum shift of four hours will be made.

 

20.  Role of Managers and/Or Supervisory Staff

 

It is intended that Managers, Team Leaders and Resourcing Co-ordinators maintain their skill and knowledge at an appropriate level by taking bets by telephone on occasions.

 

When this occurs, the following principles will apply:

 

(i)         There will be no reduction in the number of shifts allocated to PhoneTAB Operators because of the taking of calls by Managers, Team Leaders or Resourcing Co-ordinators;

 

(ii)        There is no intention to reduce staffing levels of PhoneTAB Operators as a result of the performance of such work by Managers, Team Leaders and Resourcing Co-ordinators;

 

(iii)       At all times there will be sufficient Managers and  Team Leaders available to respond to enquiries or requests for assistance from PhoneTAB Operators;

 

(iv)       The only other circumstance in which managerial and/or supervisory staff be required  to take bets by telephone will be emergent situations.

 

21.  Dispute/Grievance Resolution Procedure

 

(i)         The parties agree to the following procedures involving individual employees:

 

(a)        In the first instance, the employee will notify (in writing or otherwise) the Site Manager (ie Call Centre Manager, Ultimo/Granville, or PhoneTAB Manager Mayfield) as to the substance of the grievance, request a meeting to discuss it and state the remedy sought.  A meeting should be held within 48 hours of notification.

 

(b)        If the matter is not resolved in this meeting, the matter shall be further discussed by the employee(s) and at their request, a Union representative, the Site Manager and the Manager Account Sales or the PhoneTAB Operations Manager.  This should take place within 48 hours of the completion of (a).

 

(c)        If the matter remains unresolved, the matter shall be further discussed by the employee(s), a representative of the Union, the PhoneTAB Operations Manager and/or the Manager Account Sales, and the Human Resources Manager Wagering.  This should where practicable take place within 48 hours of the completion of (b).

 

(d)        Should the matter remain unresolved, the employer shall provide the employee and where appropriate the Union, with a written response outlining why the remedy sought in (a) cannot be provided.

 

(e)        If the matter still remains unresolved, the matter may be referred to the Industrial Relations Commission.

 

(ii)        The parties also agree to the following procedures over a question, dispute or difficulty concerning the interpretation, application or operation of this Award.

 

(a)        In the first instance, the employees will notify (in writing or otherwise) the Site Manager (ie Call Centre Manager, Ultimo/Granville, or PhoneTAB Operations Manager Mayfield) as to the substance of the dispute and request a meeting to discuss the remedy sought.  A meeting should be held within 48 hours of notification.

 

(b)        If the matter is not resolved in this meeting, the matter shall be further discussed by the employees, and, at their request a union representative, the Site Manager, the PhoneTAB Operations Manager and/or the Manager Account Sales and the Human Resources Manager Wagering. This should take place within 48 hours of the completion of (a).

 

(c)        The parties have the right to refer the matter to the Industrial Relations Commission if the matter remains unresolved after (b).

 

(iii)       It is a condition of this Award that the procedures will be followed and that there shall be no disruption to work whilst such procedures are being followed.

 

22.  Miscellaneous Provisions

 

(i)         Finishing At Night Allowance*

 

Operators finishing shifts at or after 10.00 pm shall be entitled to an allowance of $8.60 or have transport provided.

 

Operators finishing shifts at or after sunset and before 10.00 pm shall be entitled to transport to the nearest railway station.

 

(ii)        Overtime - All time worked in excess of 7.5 hours shall be regarded as overtime and paid at time and a half for the first 2 hours and double time thereafter.  On a Public Holiday or a Sunday, any time worked beyond 7.5 hours shall be paid at the rate of double time and a half of the ordinary rate.

 

(iii)       Meal Allowance* - If an Operator is rostered to work 10 hours or more per day, a meal allowance of $7.50 is payable.

 

(iv)       Illness On Duty - When an Operator reports for duty and subsequently indicates that he/she is ill, and is unable to continue the shift, the Operator shall be required to provide a medical certificate to the Forecasting and Resourcing Manager before payment for the full shift is approved.  If no certificate is provided the Operator shall be paid for the actual time worked unless otherwise determined by Manager Account Sales.

 

(v)        Cancelled or Postponed Meetings - When meetings are postponed or cancelled and Operators are unable to be notified, they shall be paid for 2 hours of their rostered shift or the total amount of travelling time whichever is the greater with a maximum of 4 hours.

 

(vi)       Car Pools - Consideration will be given to car pool arrangements.  Car pools are a matter for the individual Operator to arrange and should be advised to the staff of the Forecasting and Resourcing Office.  Every effort will be made to match shifts, but this cannot be guaranteed.

 

(vii)      All newly recruited Operators will be required to be available to be rostered to work either at Ultimo or Granville (unless otherwise advised on recruitment)

 

* Allowances will be varied having regard to movements in the CPI.

 

23.  Developmental Opportunities

 

Twice yearly (if required), a general advertisement will be placed in the PhoneTAB Bulletin requesting Operators to make an application for various temporary/casual positions which may become available in the ensuing 6 month period.  Such positions could include Relief Team Leaders or Resourcing Co-ordinators, Duties Shift, Administration/Clerical and Typing/Stenographic.

 

Selection will be on merit and in accordance with EEO principles.  A list of successful applicants in the various skills areas will be compiled and positions shall be offered on a needs basis.  Payment for work performed in temporary/casual positions shall be at the rate appropriate for the position.

 

Temporary Appointments - A PhoneTAB Operator may be appointed to a position on a temporary basis.  During the appointment the employee shall be paid the salary deemed appropriate for the position.

 

A temporary appointment can be full-time or part-time.  If the appointment is part-time, the position is offered for a minimum of 12 hours per week and a maximum of 30 hours per week.  Salary and leave entitlements will be paid pro-rata to the full-time equivalent.

 

No Operator shall be disadvantaged in respect of category and/or waiting list by being involved in a developmental opportunity.

 

24.  Conditions Not Altered By This Award

 

Unless specifically addressed in the context of this Award, conditions of employment remain unchanged by the implementation of this Award.

 

25.  No Extra Claims

 

Parties to this Award undertake not to pursue any extra claims, except those allowed by Part 3, Chapter 2 of the Industrial Relations Act 1996.  Under the Act, items may be raised for discussion with a view to achieving mutually agreed variations during the term of this Award.

 

The parties agree to commence negotiations for a new Award six months prior to the expiration of this Award, with a view to the new Award applying from 1 July 2002.

 

26.  Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object in Section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, disability, homosexuality, transgender identity and age.

 

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

 

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

 

(iv)       Nothing under this clause is to be taken to affect:

 

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

 

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

 

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

 

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

 

(v)        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.

 

27.  Area, Incidence and Duration

 

This Award shall be apply to all staff employed by TAB Limited as PhoneTAB Operators.

 

It shall apply to staff employed to answer customer telephone calls in a section of TAB Limited known as PhoneTAB.

 

The Award shall take effect from 2 January 2001 and shall operate until 30 June 2002.

 

 

APPENDIX A

 

PLUS SHIFT (+) LISTING

 

FOUR SHIFT PLUS

 

 

PLUS SHIFT (+) LISTING

 

THREE SHIFT PLUS

 

OPERATOR NUMBER	OPERATOR NAME	LOCATION
253341	Adams J	Ultimo
200137	Armstrong M	Ultimo
218556	Bragg P	Ultimo
210862	Boyd J	Ultimo
243983	Carr M	Ultimo
212173	Collins T	Ultimo
220438	Dillon N	Ultimo
230970	Dougenis W	Ultimo
208097	Dowman R	Granville
201894	Emmett J	Ultimo
221881	Elepano E	Granville
237446	Grech D	Ultimo
221496	Guidi K	Ultimo
223770	Hamilton M	Ultimo
230095	Higgin J	Ultimo
218732	Hodges P	Ultimo
243460	Liberatore A	Ultimo
212655	Lloyd M	Ultimo
211285	Meyer B	Ultimo
226146	O'Brien J	Ultimo
220567	Oehlman O	Ultimo
220872	Orsini E	Ultimo
250396	Ralston M	Ultimo
217588	Shepherd A	Granville
238447	Sinclair M	Ultimo
232320	Van Baardwyk J	Ultimo
220591	Weir Y	Ultimo
212702	Zammit J	Granville
Total 3 (+) =  28

 

TWO SHIFT PLUS

 

OPERATOR NUMBER	OPERATOR NAME	LOCATION
245405	Meyerthal M	Ultimo
232915	Stanton V	Ultimo
Total 2 (+) = 2

 

APPENDIX B

 

OPERATORS RETAINING ROSTERING

 

ARRANGEMENTS FROM GRANVILLE OPENING 1987

 

 

DAY PREFERENCE

 

OPERATOR NO.	OPERATOR NAME		# TARGET SHIFTS	AGREED DAYS
215818		Anderson D	2	Wed
232989		Curran Y	4+	Wed, Thu, Tue
212776		Kerr C	4+	Wed, Thu, Mon
205502		Symons P	4	Wed, Thu, Mon

 

DAY/FRIDAY NIGHT PREFERENCE

 

OPERATOR NO.	OPERATOR NAME		# TARGET SHIFTS	AGREED DAYS & FRIDAY NIGHT
228357		Harag C	4	Wed, Thu

 

NIGHT PREFERENCE

 

OPERATOR NO.	OPERATOR NAME		# TARGET SHIFTS	AGREED NIGHTS
221881		Elepano E	3+ S*	Fri, Mon
239095		Galvin G	2	Fri
217588		Shepherd A	3+ S*	Fri, Mon
212702		Zammit J	3+	Thu, Mon

 

S* indicates 6.00 pm start at earliest.

 

 

 

L. C. GLYNN  J.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.