EASTERN DISTRIBUTOR CONSENT (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1013 of 2001)
|
Before the Honourable Justice Kavanagh
|
1 May 2001
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REVIEWED AWARD
CONTENTS
Clause No Subject Matter
1. Title
2. Date Of
Operation
3. Introduction
4. Commitment
5. Contract
Of Employment
6. Duties
7. Hours Of
Work And Entitlements
8. Overtime
9. Rest
Pauses
10. Paid Meal
Break
11. Wage
Increases
12. Electronic
Funds Transfer
13. Restrictive
Work Practices
14. Technological
Change
15. Superannuation
16. Annual
Leave
17. Sick Leave
18. Long
Service Leave
19. Jury
Service
20. Personal/Carer’s
Leave
21. Parental
Leave
22. Bereavement
Leave
23. Occupational
Health And Safety
24. Clothing
25. Medical
Examinations
26. Training
27. Alcohol
And Other Drugs
28. Probationary
Period
29. Unions
Procedure
30. Dispute
Settlement Procedures
31. Anti-Discrimination
32. No Duress
33. No Extra
Claims
"Appendix A" - Ordinary Rates Of Pay
1. TITLE
The short title of this Consent Award shall be the 'Eastern
Distributor Consent Award'.
2. DATE OF OPERATION
(a) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Eastern Distributor
Consent Award published 8 September 2000 (318 I.G. 465).
(b) The award
published 8 September 2000 took effect from 20 December 1999 and shall expire
on 20 December 2001.
(c) 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 the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from 1 May 2001.
3. INTRODUCTION
3.1 Definitions
'Afternoon Shift' means a Shift, which starts between
1.00pm and 9.00pm.
'Award' means Leighton Contractors Eastern Distributor
Consent Award.
'Casual Employee' means an Employee who is employed and
paid by the hour with a minimum guarantee of 3 hours work each Shift and whose
employment terminates at the end of each Shift.
'Client' means the company to which the Employer
contracts to operate and maintain the Eastern Distributor.
'Continuous Shift Work' means work undertaken on the
basis of a continuous rotating Shift Roster.
'Continuous Shift Work Employee' means a Full Time or
Part Time Employee engaged to work or working Continuous Shift Work.
'Control Centre' means the Eastern Distributor
operation, maintenance and administration building located at 43 Bourke Street,
Woolloomooloo.
'Day Shift' means a Shift that starts between 5.00am
and 1.00pm.
'Day Work' means work undertaken between the hours of
6.00am and 6.00pm Monday to Friday that is not part of a Shift Roster.
'Day Work Employee' means an Employee who works Day
Work.
'Eastern Distributor' means the motorway from the
Cahill Expressway near the Domain Tunnel, to Southern Cross Drive near Link
Road, Rosebery and the areas adjacent nominated as 'Maintenance Areas' in the
contract between the Client and the Employer.
'Electronics Technician' means an Employee whose duties
are defined in Clause 6.3.
'Employee' means a person engaged by the Employer under
the terms of this Award for the job classifications covered by this Award and
includes Full Time, Part Time and Casual Employees.
'Employer' means Leighton Contractors Pty Limited NSW -
ACT Branch.
'Full Time Employee' means an Employee employed to work
thirty-eight hours per week.
'Holiday' means the Union's Picnic Day, being the first
Monday in December of each year or any other date agreed between the Unions and
the Employer (provided that a picnic is held) and the following Public Holidays
and any other Public Holiday proclaimed under the relevant legislation from
time to time.
New Year's Day Anzac
Day
Australia Day Queen's
Birthday
Good Friday Labour
Day
Easter Saturday Christmas
Day
Easter Monday Boxing
Day
'Motorway Manager' means the person appointed by the
Employer to manage the operation and maintenance of the Eastern Distributor.
'Motorway Patroller' means an Employee whose duties are
defined in Clause 6.2.
'Night Shift' means a Shift, which starts between
9.00pm and 5.00am.
'Ordinary Hours' means hours which form part of the
Ordinary Weekly Hours and which are paid at the Ordinary Time Rate of Pay.
'Ordinary Weekly Hours' means for:
(a) Day Work
Employees who are:
(i) Full Time -
38 hours per week to be worked 7.6 hours per day (not including any Paid Meal
Break) Monday to Friday inclusive between 6.00am and 6.00pm; or
(ii) Part Time -
An amount of regular hours between 15 and 37 hours per week to be worked for
between 3 and 7.6 hours per day (not including any Paid Meal Break) Monday to
Friday inclusive between 6.00am and 6.00pm; and
(b) Shift Work or
Continuous Shift Work Employees who are:
(i) Full Time -
38 hours per week when averaged over the Shift Roster Cycle to be worked 7.6
hours per Shift (not including any Paid Meal Break); or
(ii) Part Time -
An amount of regular hours between 15 and 37 hours per week to be worked for
between 3 and 7.6 hours per Shift (not including any Paid Meal Break).
'Ordinary Time Rate of Pay' means the hourly rate of
pay for each classification as set out in 'Appendix A'.
'Overtime' means hours worked by an Employee in excess
of 7.6 Ordinary Hours per day (for Day Work), or 7.6 Ordinary Hours per Shift
(for Shift Work and Continuous Shift Work), as the case may be.
'Paid Meal Break' means a break taken in accordance
with clauses 10.1 and 10.2 of this Award that does not form part of an
Employee's Ordinary Hours or Ordinary Weekly Hours and is paid in accordance
with clauses 10.3 and 10.4.
'Parties' means the Employer, the Unions and the
Employees.
'Part Time Employee' means an Employee employed on a
part-time basis as defined in Clause 7 of this Award.
'Premises' means all the land on which the Eastern
Distributor is located.
'Redundancy' occurs when an Employee's position ceases
to exist and may be caused by a variety of reasons, including, among others,
technological change, loss of business or economic downturn.
'Roster' means a schedule determining the hours of work
of Full Time, Part Time or Casual Employees whether Day Work Employees, Shift
Work Employees or Continuous Shift Work Employees.
'Shift' means the work hours of a Full Time, Part Time
or Casual Employee in any one day.
'Shift Roster' means a schedule determining the hours
of work of Shift Work Employees or a schedule determining the hours of work of
Continuous Shift Work Employees, as the case requires.
'Shift Roster Cycle' means the period over which a
Shift Work Employee or a Continuous Shift Work Employee completes one full
cycle of Shift Work or Continuous Shift Work, respectively.
'Shift Work' means work regulated by a Shift Roster
that is not Continuous Shift Work.
'Shift Work Employee' means a Full Time, Part Time or
Casual Employee engaged to work or working Shift Work.
'Supervisor' means a person engaged by the Employer on
a salary basis to supervise the work of Employees.
'Toll Collector' means an Employee whose duties are
defined in Clause 6.1.
'Unions' means the Australian Workers' Union New South
Wales and the Electrical Trades Union of Australia New South Wales Branch.
3.2 Joint
Statement
This Award is between the Employer and the Unions
acting on behalf of the Employees who are eligible to be members of those
Unions and who are engaged to work on the Eastern Distributor.
This Award shall apply to the employment by the
Employer of Employees classified as Toll Collector, Motorway Patroller,
Electronics Technician required for the operations and maintenance work
associated with the Eastern Distributor.
The Employees will be based at the Control Centre or at other locations
on or adjacent to the Eastern Distributor as required by the Employer from time
to time.
3.3 Aims
The Parties have agreed to work together to develop a
committed and skilled work force that is focused on high productivity and safe
working conditions.
In particular the Parties have agreed to the following
specific objectives:
(a) to provide a
safe and healthy work place, adhere to and regard as a minimum standard State
or National Occupational Health and Safety Standards and Codes of Practice;
(b) to empower
individuals to make and be accountable for decisions;
(c) to promote a
strong emphasis on teamwork;
(d) to encourage
innovative action by Employees;
(e) to focus on
the long term satisfaction of the Client and improvement of the quality of
service to the public;
(f) to provide
and maintain effective communication and genuine consultation between the
Parties;
(g) to provide
appropriate training to Employees;
(h) to ensure that
the Eastern Distributor remains open and tolls are collected 24 hours per day,
each day of the year.
4. COMMITMENT
5.1 The Parties
are committed to ensuring that:
(a) this Award leads
to real gains in productivity and workplace efficiencies, without any reduction
in health and safety standards;
(b) all
requirements of this Award are observed;
(c) no further
increases or decreases in any conditions, including but not limited to rates of
pay, to those provided for in this Award will be claimed or paid during the
life of this Award;
(d) stoppages of
work or other forms of industrial action will not occur at any time.
5. CONTRACT OF EMPLOYMENT
5.1 Each Employee
shall be employed on either a full-time, part-time or casual basis under one of
the following classifications:
• Toll
Collector
• Motorway
Patroller
• Electronics
Technician
Full-time and Part-time Employees will be given a
minimum period of notice for termination as specified in the Workplace Relations Act 1996.
An Employee's employment may be terminated by the
Employer without notice for serious and wilful misconduct. In such circumstances wages shall only be
paid up to the time of dismissal.
The Employer may deduct payment for any Shift or part
thereof where an Employee is absent from duty without reasonable cause.
5.2 It is a
fundamental requirement of employment that Employees have to deal with the
public and provide friendly, courteous service at all times. Employees shall be required to present a
neat appearance to the public at all times and to be punctual and diligent in
commencing times for shifts.
5.3 Continuous
Shift Work Employees and Shift Work Employees will be required to work
regularly on Saturdays, Sundays and Holidays to cover all operations of the
Eastern Distributor twenty four hours per day, seven days per week, fifty two
weeks per year.
5.4 All Employees
may be required to work a reasonable amount of Overtime from time to time as
directed by the Motorway Manager to meet the demands for the operation and
maintenance of the Eastern Distributor.
5.5 Employees
engaged, as Toll Collectors will handle large sums of cash. Toll Collectors will be subject to regular
security and audit procedures during their employment. Video surveillance equipment will monitor
Toll Collectors on each Shift. In the
event of any misappropriation of funds the Employee responsible will be dismissed.
Electronics Technicians and Motorway Patrollers will also be subject to video
surveillance from time to time.
5.6 Redundancy
Clause 5.6 shall not apply to Casual Employees.
In the event of an Employee's position becoming
redundant, the Employer will apply the Employment
Protection Act 1982 (NSW) as amended from time to time.
The Employment Protection Act provides for the
following scale of severance payments in respect of a continuous period of
service:
(a) If an Employee
is under 45 years of age, the Employer shall pay in accordance with the
following scale:
|
Years of Service
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Under 45 Years of Age Entitlement
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Less than 1 year
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Nil
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1 year and less than 2 years
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4 Weeks Pay
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2 years and less than 3 years
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7 Weeks Pay
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3 years and less than 4 years
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10 Weeks Pay
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4 years and less than 5 years
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12 Weeks Pay
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5 years and less than 6 years
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14 Weeks Pay
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6 years and over
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16 Weeks Pay
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(b) Where an
Employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
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Years of Service
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45 Years of Age and Over Entitlement
|
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Less than 1 year
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Nil
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1 year and less than 2 years
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5 Weeks Pay
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2 years and less than 3 years
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8.75 Weeks Pay
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3 years and less than 4 years
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12.5 Weeks Pay
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4 years and less than 5 years
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15 Weeks Pay
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5 years and less than 6 years
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17.5 Weeks Pay
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6 years and over
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20 Weeks Pay
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In this clause, "Weeks Pay" means:
(i) for a Full
Time Employee, the applicable Ordinary Weekly Rate of Pay for the Employee's classification
as set out in "Appendix A" at the date of termination; and
(ii) for a Part
Time Employee, the amount equal to the Part Time Employee's Ordinary Weekly
Hours multiplied by the applicable Ordinary Hourly Rate of Pay for the
Employee's classification as set out in "Appendix A" at the date of
termination.
6. DUTIES
6.1 Toll
Collector
The duties of a Toll Collector include, but are not
limited to:
• operation
of manual booths, cleaning and attending automatic toll collection systems;
• collection
and accounting for toll payments;
• advising
and directing drivers and other persons in matters relating to traffic and toll
collection;
• identification
and reporting payment defaults, incidents and equipment service malfunctions;
• changing
electrical and mechanical modules of the toll collection equipment;
• acting
as Supervisor when required; and
• other
duties as directed.
Toll Collectors will be supervised on each Shift by the
Supervisor. From time to time a Toll
Collector may be required to act in the capacity of Supervisor. A Supervisor may act as a Toll Collector as
and when required.
A Toll Collector who is rostered to act in the capacity
of a Supervisor shall be paid an additional $3.50 per hour to the wage rates
for a Toll Collector defined in this Award for hours worked as a
Supervisor. The $3.50 per hour shall
only be paid for hours worked as a Supervisor and will not attract any penalty
or premium.
6.2 Motorway
Patroller
The duties of a Motorway Patroller include, but are not
limited to:
• the operation
and maintenance of plant and equipment;
• removal of
obstructions to traffic from the Motorway;
• operation of
tunnel wall washing equipment;
• maintenance
and cleaning of pits and pump station sumps, collection of rubbish and
maintenance of civil works to specified standards;
• other
maintenance duties as directed;
• attendance
at emergencies and incidents as directed;
• advising
and directing drivers and other persons in matters relating to traffic
movements; and
• other
duties as directed.
One Motorway Patroller may be designated by the
Employer as the Leading Hand. Duties of
the Leading Hand will be the same as the duties of the Motorway Patroller,
plus:
• leadership
of Motorway Patrollers;
• training
of Motorway Patrollers, attendance on subcontractors; and
• other
duties as directed.
The Leading Hand shall be paid an allowance of $0.60
per hour for hours worked as a Leading Hand, and this allowance shall not
attract any penalty or premium.
6.3 Electronics
Technician
The duties of an Electronics Technician include, but
are not limited to:
• conducting routine maintenance,
inspection and reporting on electrical and mechanical equipment, including
tolling equipment;
• calibration
and setting up of equipment and instrumentation;
• other
maintenance duties as directed;
• monitoring
and operation of Motorway control systems;
• attendance
at emergencies and incidents as directed:
• advising
and directing drivers and other persons in matters relating to traffic
movements; and
• other
duties within the Employee’s skills and training as directed.
The Weekly Rate of Pay set out in "Appendix
A" for an Electronics Technician includes $24.00 per week all purpose
licence allowance.
7. HOURS OF WORK AND ENTITLEMENTS
Most Employees will normally be engaged on Shift Work or
Continuous Shift Work, but may be required to work Day Work from time to
time. The Motorway Manager shall
determine the starting and finishing times for all Employees.
For the purposes of determining the application of shift
allowances and allowances for work on Saturday, Sunday and Holidays the
following shall apply:
(i) Saturday
commences at midnight Friday night and finishes midnight Saturday night;
(ii) Sunday
commences at midnight Saturday night and finishes midnight Sunday night; and
(iii) a Holiday
commences at midnight the day immediately preceding the Holiday and finishes at
midnight on the Holiday.
With the agreement of the Employee and the Motorway Manager,
a Roster incorporating up to 12 hours work in a Shift may apply. Prior to the
implementation of any 12-hour Shift consultation with the Employees and the
appropriate Union shall take place. The Roster may vary from time to time but
any changes to the Roster will be notified to the relevant Employees at least 7
days in advance.
Employees shall be available for work for all Shifts, which
they are rostered to work, and shall perform all necessary duties in each Shift.
When a Continuous Shift Work Employee or Shift Work Employee
(not including Casual Employees) is not rostered to work on a Holiday, the
Employee shall receive, in the Employer’s discretion, either an additional 7.6
hours’ wages (calculated at the applicable Ordinary Time Rate of Pay) or the
equivalent amount of time off work (paid at the applicable Ordinary Time Rate
of Pay). Where the Employee is a
Part-Time Employee, the Employee will receive the equivalent pro-rata benefit
(calculated according to the formula in clause 7B).
Shift changes for Toll Collectors shall take place in the
tollbooth. Shift changes for
Electronics Technicians and Motorway Patrollers shall take place in the Control
Centre. In the event of the on-coming
Employee not reporting for duty at the normal Shift changeover time, the
off-going Employee shall remain on duty until relieved.
Where an Employee is, both:
(a) after the
expiration of their Shift finishing time; and
(b) after leaving the
Employer’s premises, recalled to work without prior notice, the Employee shall
be paid at the appropriate rate set out in either clause 8.1 (Day Work
Employees) or clause 8.2 (Shift Work Employees and Continuous Shift Work
Employees) of this Award.
An Employee recalled to work in this way shall be paid at
that rate for a minimum of 3 hours work.
FIRST - AID ALLOWANCE
An Employee who has a current senior first aid certificate
shall be entitled to an allowance of $0.25 per hour worked, and this allowance
shall not attract any penalty or premium.
A. FULL TIME EMPLOYEES
Each Full Time Employee shall work Ordinary Weekly Hours.
(i) Day Work
The Ordinary Hours of a Full Time Employee on Day Work
shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
Overtime worked by a Full Time Employee on Day Work
shall be paid at the rate set out in clause 8.1 of this Award.
(ii) Shift Work
and Continuous Shift Work
The Ordinary Hours of a Full Time Employee on Shift
Work or Continuous Shift Work shall be paid at the applicable Ordinary Time
Rate of Pay for the Employee's classification.
(a) Monday to
Friday
A Full Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours worked
between Monday and Friday:
• Day
Shift - Nil
• Afternoon
Shift - 17.5% of the Ordinary Time Rate of Pay
• Night
Shift - 20% of the Ordinary Time Rate of Pay
(b) Saturday,
Sunday and Holidays
A Full Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours (and, if
applicable and subject to paragraph (d) below, for Overtime), worked on
Saturday, Sunday or Holidays:
• Saturday
- 50% of the Ordinary Time Rate of Pay
• Sunday
- 100% of the Ordinary Time Rate of Pay
• Holidays
- 150% of the Ordinary Time Rate of Pay
The shift allowances for hours of work worked by a
Full-Time Employee on Shift Work or Continuous Shift Work on Saturday, Sunday
or Holidays shall only apply to that part of a Shift actually worked on a
Saturday, Sunday or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples any Paid Meal Break which
an Employee may be entitled to during the Shift does NOT form part of the hours
worked by the Employee during the Shift)
An Employee on Night Shift, which commences at 10.00pm on a
Friday night and finishes at 6.06am on a Saturday morning, will only be
entitled to:
• The Night Shift
Allowance under paragraph (a) above, but only for those hours worked up to 12
midnight; and
• The
Saturday Allowance under paragraph (b) above, but only for those hours worked
after 12 midnight.
Example 2
An Employee on an Afternoon Shift, which commences at 6.00pm
Saturday and finishes at 2.06am Sunday, will only be entitled to:
• The Saturday
Allowance under paragraph (b) above, but only for those hours worked up to 12
midnight; and
• The Sunday
Allowance under paragraph (b) above, but only for those hours worked after 12
midnight.
Example 3
An Employee on a Night Shift which commences at 11.00pm on a
Holiday and finishes at 7.06am the next day (which is not a Saturday, Sunday or
Holiday) will only be entitled to:
• The Holiday
allowance under paragraph (b) above, but only for those hours worked up to 12
midnight; and
• The Night
Shift Allowance, but only for those hours worked after 12 midnight.
(d) Overtime
Overtime worked by a Full Time Employee on Shift Work
and Continuous Shift Work shall be paid at the rate set out in Clause 8.2 of
this Award.
An Employee is not entitled to both a shift allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime penalty.
The Employee shall be paid the higher of an applicable shift allowance
or Overtime penalty.
Example 1
(NOTE: In the following examples any Paid Meal Break which
an Employee may be entitled to during the Shift does NOT form part of the hours
worked by the Employee during the Shift)
An Employee who works a Shift from 10.00pm on Friday Night
to 9.06am Saturday morning shall only be entitled to:
• The Night
Shift Allowance, but only for those hours worked up to midnight;
• The Saturday
Shift Allowance, but only for those hours worked from midnight to 6.06am
Saturday morning;
• The Overtime
rate (time and a half) in respect of the first two hours of overtime worked,
that is, from 6.06am up until 8.06am; and
• The Overtime
rate (double time) in respect of overtime hours in excess of two hours
overtime, that is, from 8.06am up until 9.06am.
Example 2
An Employee who works a Shift from 10.00pm on Saturday Night
to 8.06am Sunday morning shall only be entitled to:
• The
Saturday Shift Allowance, but only for those hours worked up to midnight;
• The Sunday
Shift Allowance for the remainder of the hours worked, even though the Employee
is working 2 hours of overtime. This is
because the Overtime rate is calculated by reference to the earnings the
Employee receives under normal working conditions on a Sunday, which is the
Ordinary Time Rate of Pay + 100%, which is higher than the normal Overtime rate
of time and a half, and an Employee is entitled to the higher rate.
B. PART TIME EMPLOYEES
A Part Time Employee is an Employee, other than a Full Time
Employee or a Casual Employee, engaged to work regular hours each week in
accordance with a Roster with a minimum engagement of 15 hours per week and a
maximum engagement of 37 hours per week.
The Ordinary Hours of a Part Time Employee shall be worked
continuously, excluding any Paid Meal Break, and shall not be less than 3 or
more than 7.6 hours.
A Part Time Employee may work Day Work, Shift Work or
Continuous Shift Work.
A Roster for a Part Time Employee shall set out the days and
the starting and ceasing times the Part Time Employee works each week or as
otherwise arranged by mutual agreement.
A Part Time Employee shall be entitled to sick leave, jury service,
bereavement leave and parental leave on a pro-rata basis calculated as follows:
|
Part Time Employee's Entitlements
|
=
|
Part Time Employee's Ordinary Weekly Hours
|
x
|
Equivalent Full Time Employee's
Entitlements
|
|
|
|
38
|
|
|
(i) Day Work
The Ordinary Hours of a Part Time Employee on Day Work
shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
Overtime worked by a Part Time Employee on Day Work,
being work in excess of 7.6 hours in a day, shall be paid at the rate set out
in Clause 8.1 of this Award.
(ii) Shift Work
and Continuous Shift Work
The Ordinary Hours of a Part Time Employee on Shift
Work or Continuous Shift Work shall be paid at the applicable Ordinary Time
Rate of Pay for the Employee's classification.
(a) Monday to
Friday
A Part Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours worked
between Monday and Friday:
• Day Shift
- Nil
• Afternoon
Shift - 17.5% of the Ordinary Time Rate of Pay
• Night
Shift - 20% of the Ordinary Time Rate of Pay
(b) Saturday,
Sunday and Holidays
A Part Time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours (and, if
applicable and subject to paragraph (d) below, for Overtime),worked on
Saturday, Sunday or Holidays:
• Saturday
- 50% of the Ordinary Time Rate of Pay
• Sunday
- 100% of the Ordinary Time Rate of Pay
• Holidays
- 150% of the Ordinary Time Rate of Pay
The shift allowances for hours of work worked by a Part
Time Employee on Shift Work or Continuous Shift Work on Saturday, Sunday or
Holidays shall only apply to that part of a Shift actually worked on a
Saturday, Sunday or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples any Paid Meal Break which
an Employee may be entitled to during the Shift does NOT form part of the hours
worked by the Employee during the Shift)
An Employee on Night Shift, which commences at 10.00pm on a
Friday night and finishes at 4.00am on a Saturday morning, will only be
entitled to:
• The Night
Shift Allowance under paragraph (a) above, but only for those hours worked up
to 12 midnight; and
• The
Saturday Allowance under paragraph (b) above, but only for those hours worked
after 12 midnight.
Example 2
An Employee on an Afternoon Shift, which commences at 6.00pm
Saturday and finishes at 1.00am Sunday, will only be entitled to:
• The Saturday
Allowance under paragraph (b) above, but only for those hours worked up to 12
midnight; and
• The Sunday
Allowance under paragraph (b) above, but only for those hours worked after 12
midnight.
Example 3
An Employee on a Night Shift which commences at 11.00pm on a
Holiday and finishes at 3.00am the next day (which is not a Saturday, Sunday or
Holiday) will only be entitled to:
• The Holiday
allowance under paragraph (b) above, but only for those hours worked up to 12
midnight; and
• The Night
Shift Allowance, but only for those hours worked after 12 midnight.
(d) Overtime
Overtime worked by a Part Time Employee on Shift Work
and Continuous Shift Work, being work in excess of 7.6 hours per Shift, shall
be paid at the rate set out in clause 8.2 of this Award.
An Employee is not entitled to both a shift allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime penalty.
The Employee shall be paid the higher of an applicable shift allowance
or Overtime penalty.
C. CASUAL EMPLOYEES
Subject to paragraph (d) below, all hours worked by a Casual
Employee shall be paid at the applicable Ordinary Time Rate of Pay for the
Employee's classification.
A Casual Employee must be available for work on call at the discretion
of the Motorway Manager.
A Casual Employee shall be provided with a minimum of 3
hours work on each Shift.
Loading, Allowances and Penalties
(a) A Casual
Employee shall be paid a casual loading of 20% of the Ordinary Time Rate of Pay
for all hours worked, which is in lieu of sick leave, bereavement leave etc.
(b) Subject to
paragraph (e) below, a Casual Employee shall be paid the following shift
allowances for Shifts worked between Monday to Friday:
• Where a Shift
commences between 1.00pm and 9.00pm, and does not finish before 6.00pm - 17.5%
of the Ordinary Time Rate of Pay; and
• Where a Shift
commences between 9.00pm and 5.00am - 20% of the Ordinary Time Rate of Pay
(c) Subject to
paragraph (e) below, a Casual Employee shall be paid the following shift
allowances for all hours worked on a Saturday, Sunday or Holiday:
• Saturday -
50% of the Ordinary Time Rate of Pay;
• Sunday - 100%
of the Ordinary Time Rate of Pay; and
• Holiday -
150% of the Ordinary Time Rate of Pay.
(d) Subject to paragraph
(e) below, hours worked by a Casual Employee in excess of 7.6 hours in a Shift
(not including any Paid Meal Break) shall be considered overtime and shall be
paid at the rate (calculated on the applicable Ordinary Time Rate of Pay for
the Employee's classification) prescribed in Clause 8.2 - Overtime.
(e) In
calculating wages for a Casual Employee:
• The Loading,
Allowances and Penalties in (a) - (d) above are paid in addition to the
Employee's applicable Ordinary Time Rate of Pay.
• The allowances
and penalties in (b), (c) and (d) above shall not be included for the purposes
of the calculation of the loading in (a) above;
• The shifts
allowances under (b) and (c) are not cumulative.
• A Casual Employee
is not entitled to both a shift allowance under (b) or (c) above and the
Overtime penalty in (d) above. The
Casual Employee shall be paid the higher of an applicable shift allowance or
Overtime penalty.
Example
A Casual Employee who works a Shift from 10.00pm Sunday to
8.06am Monday (and takes a Paid Meal Break in the middle of the Shift) will be
entitled to the following:
• The Ordinary
Time Rate of Pay multiplied by 9.6 (the number of hours worked by the Casual
Employee); plus
• 20% of the
Ordinary Time Rate of Pay multiplied by 9.6 (the Casual Loading for the number
of hours worked by the Casual Employee); plus
• A Shift
Allowance of 100% of the Ordinary Time Rate of Pay for those hours worked up to
midnight on Sunday night (the Sunday Allowance); plus
• A Shift
Allowance of 20% of the Ordinary Time Rate of Pay for those hours worked (which
do not include the Paid Meal Break) between midnight and 6.06am Monday morning
(the Night Shift Allowance); plus
• A Penalty of
50% of the Ordinary Time Rate of Pay for those Overtime hours worked between
6.06am and 8.06am (the applicable Overtime Penalty); plus
• The
Ordinary Time Rate of Pay multiplied by 0.5 hours (the payment for the Paid
Meal Break).
Or, using actual pay rates to
further illustrate:
A Casual Toll Collector who works a Shift from 10.00pm
Sunday to 8.06am Monday and takes a Paid Meal Break from 3.00am to 3.30am will
receive a total of $229.35, made up of:
• $62.524 for
those hours worked between 10.00pm and midnight ([Ordinary Time Rate of Pay +
20% (casual loading) + 100% (Sunday allowance)] x 2 hours)
• $59.682 for
those hours worked between midnight and 3.00am ([Ordinary Time Rate of Pay +
20% (casual loading) + 20% (Night Shift allowance)] x 3 hours)
• $51.7244 for
those hours worked between 3.30am and 6.06am ([Ordinary Time Rate of Pay + 20%
(casual loading) + 20% (Night Shift allowance)] x 2.6 hours)
• $48.314 for
those hours worked between 6.06am and 8.06am ([Ordinary Time Rate of Pay + 20%
(casual loading) + 50% (overtime penalty)] x 2 hours)
• $7.105 for
the Paid Meal Break (Ordinary Time Rate of Pay x 0.5 hours).
8. OVERTIME
8.1 Full Time and
Part Time Employees on Day Work required to work Overtime shall be paid at the
rate of time and one half for the first two hours and double time thereafter,
calculated using the Employee's applicable Ordinary Time Rate of Pay.
8.2 Full Time and
Part Time Employees on Shift Work or Continuous Shift Work required to work
Overtime shall be paid:
(a) at the rate of
time and one half for the first two hours and double time thereafter,
calculated using the Employee’s applicable Ordinary Time Rate of Pay; or
(b) at the
Employee’s applicable Ordinary Time Rate of Pay plus any applicable shift
allowance.
Whichever is the greater.
8.3 Where Overtime
is necessary it shall, wherever reasonably practicable, be so arranged such
that Employees have at least ten consecutive hours off duty between
Shifts. An Employee who works Overtime
following the cessation of his/her normal work on one day and who has not at
least ten consecutive hours off duty between cessation of the Overtime and the
commencement of his/her next Shift, shall, subject to this clause, be released
after completion of such Overtime and not be required to report back to work
until the Employee has had ten consecutive hours off duty. An Employee required to take time off duty
to ensure compliance with this clause will be permitted to do so without loss
of pay.
8.4 If, on the
instruction of the Employer, such an Employee resumes work without having had
ten consecutive hours off duty between Shifts, he/she shall then be paid at
double time until he/she is released from duty for that period and he/she shall
then be entitled to be absent until he/she has ten consecutive hours off duty,
without loss of pay.
8.5 The subclauses
8.1, 8.2 and 8.4 shall not apply when the time worked is by an arrangement
between the Employees themselves, or when the rotation of Shifts (eg. Afternoon Shift to Night Shift) has necessitated
work in excess of the Ordinary Hours as part of a revised Shift Roster.
8.6 Employees
may be required to work a reasonable amount of Overtime under the terms of this
Award.
9. REST PAUSES
9.1 Employees who
work a minimum of four consecutive hours on any day shall be entitled to a rest
pause of ten minutes duration without loss of pay during the first four
hours. Such rest pause shall be taken
at such times as will not interfere with the continuity of work where
continuity in the opinion of the Employer is necessary.
9.2 In order to
meet the requirements of the operation or maintenance of the Eastern
Distributor, the Employer may direct an Employee to return to work if the
Employee is taking a rest pause in accordance with clause 9.1. Should the Employer give such a direction to
the Employee, the Employee shall be entitled to another rest pause in
accordance with clause 9.1, but only for the length of time equal to that part
of the rest pause, which the Employee did not receive because of the direction
of the Employer.
10. PAID MEAL BREAK
10.1 Employees who
work more than five continuous hours shall be entitled to a Paid Meal Break of
thirty minutes, to be taken approximately mid-way through their work period on
either day or shift hours of work.
However, the time of taking the Paid Meal Break may be varied at any
time to meet the requirements of the operation and maintenance of the Easter
Distributor.
10.2 In order to
meet the requirements of the operation or maintenance of the Eastern
Distributor, the Employer may direct an Employee to return to work if the
Employee is taking a Paid Meal Break.
Should the Employer give such a direction to the Employee; the Employee
shall be entitled to another Paid Meal Break in accordance with clause 10.1,
but only for the length of time equal to that part of the Paid Meal Break,
which the Employee did not receive because of the direction of the Employer.
10.3 In recognition
of the fact that an Employee may be recalled to work during their Paid Meal
Break, an Employee shall be paid at the Ordinary Time Rate of Pay for that
Employee's classification during a Paid Meal Break.
10.4 Despite
clause 10.3, the Paid Meal Break shall not:
(a) form part of
the Ordinary Hours or Ordinary Weekly Hours of an Employee;
(b) be included
for the purposes of calculating Overtime; and
(c) entitle the
Employee to receive any allowance or penalty in respect of the Paid Meal Break
apart from that referred to in clause 10.3.
11. WAGE INCREASES
This Award contains provision for wage increases of 2% each
6 months from 1 October 1999 to 1 April 2002.
12. ELECTRONIC FUNDS TRANSFER
All wages will be paid by means of electronic funds transfer
into a bank account designated by each Employee. Bank charges are the responsibility of each Employee having been
taken into account in setting rates of pay prescribed in this Award.
13. RESTRICTIVE WORK PRACTICES
It shall be a key function of all Employees in conjunction
with the Motorway Manager to:
(a) formulate an
action plan aimed at the elimination of any restrictive work practice; and
(b) carry out
the action so planned.
14. TECHNOLOGICAL CHANGE
The Parties accept that during the life of this Award it may
be necessary for the Employer to implement technological change. If this situation arises, Employees will be
kept informed of proposed changes.
15. SUPERANNUATION
The Employer shall pay the Trustee of the Australian Public
Superannuation Fund, on behalf of each Employee, a contribution of an amount as
prescribed by the Superannuation Guarantee Administration Act, from time to
time. Contributions shall be payable
from the date of the commencement of employment of the Employee with the
Employer. Contributions shall be paid
into the (APS) Fund on a monthly basis.
16. ANNUAL LEAVE
16.1 Full Time and
Part Time Employees
(a) Except as
provided by this clause 16, the Annual
Holidays Act 1944 (NSW) ('Act') shall apply.
(b) Where a Shift
Work Employee or a Continuous Shift Work Employee takes a period of annual
leave, any Saturdays and Sundays falling within that period shall be treated as
normal working days for the purposes of calculating the Employee's entitlement
to annual leave.
(c) Where an
Employee takes a period of annual leave and a Holiday falls within that period,
the Holiday shall not be included as part of the period of annual leave.
(d) In addition to
their entitlement to a period of leave under the Act, a Full Time or Part Time
Employee who is a seven-day shift worker, that is, an Employee who is required
under the Shift Roster to work regularly on Sundays and Holidays, shall be
allowed one week's leave, payable in accordance with this clause. However, if a Full Time or Part Time
Employee has only served a portion of the year of employment as a seven-day
shift worker, this additional leave shall be one day for every thirty-six
Shifts worked as a seven-day shift worker.
(e) Except as
provided by paragraph (f) below, a Full Time or Part Time Employee will be entitled
to the following payments while on a period of annual leave as provided by this
clause 16:
(i) the
Employee's Ordinary Weekly Pay for each week that the Employee is on a period
of annual leave; and
(ii) all shift
allowances (including Saturday and Sunday but not including Holiday shift
allowances) calculated in accordance with clause 7, which the Employee would
have been entitled to receive if they had worked during the period for which
annual leave has been taken.
(f) Despite
paragraph (e) above, if an Employee has at least 12 months continuous service,
the Employee shall be entitled to the following payments upon taking a period
of Annual Leave:
(i) the
Employee's Ordinary Weekly Pay for each week that the Employee is on a period
of annual leave; and
(ii) the greater
of:
(a) all shift
allowances (including Saturday and Sunday but not including Holiday shift
allowances) calculated in accordance with clause 7 which the Employee would
have been entitled to receive if they had worked during the period for which
annual leave has been taken; or
(b) an Annual
Leave Loading of 17.5% of the Employee's Ordinary Weekly Pay for each week that
the Employee is on a period of annual leave.
(g) Where the
employment of an Employee is terminated by the Employer for a reason other than
malingering, inefficiency, neglect of duty, misconduct or misappropriation, and
at the time of the termination the Employee has not been given, and has not
taken, the whole of the annual leave to which the Employee has become entitled,
the Employee shall be paid a loading calculated in accordance with subclause
16(f)(ii)(B) above. This loading shall not be payable to an Employee upon
termination except in accordance with this subclause.
(h) An Employee
must obtain the approval of the Motorway Manager before taking any period of
Annual Leave.
(i) For the
purposes of this clause 16.1, 'Ordinary Weekly Pay' means:
(i) for a Full
Time Employee - the applicable Ordinary Weekly Rate of Pay as set out in
"Appendix A" for the Employee's classification at the time of taking
the period of annual leave plus, where applicable, the weekly amount ordinarily
received by the Employee in respect of:
(a) Supervisor,
First Aid and Leading Hand allowances; and
(b) Paid Meal
Breaks; and
(ii) for a Part
Time Employee - the applicable Ordinary Hourly Rate of Pay as set out in
"Appendix A" for the Employee's classification at the time of taking
the period of annual leave multiplied by the Employee's Ordinary Weekly Hours
plus, where applicable, the weekly amount ordinarily received by the Employee
in respect of:
(a) Supervisor,
First Aid and Leading Hand allowances; and
(b) Paid Meal
Breaks.
16.2 Casual
Employees
(a) Casual
Employees engaged under this Award shall only be entitled to Annual Leave as
set out in (b) below.
(b) A Casual
Employee is entitled to a payment in respect of annual leave each week,
calculated as follows:
Annual leave payment = the Employee’s Ordinary Weekly
Pay divided by 12.
(c) For the
purposes of this clause 16.2, ‘Ordinary Weekly Pay’ means (applicable Ordinary
Time Rate of Pay plus 20%) multiplied by the number of hours worked by the
Casual Employee in the week plus, where applicable, any payment paid during the
week to the Casual Employee in respect of:
(A) shift
allowances (including Saturday and Sunday but not including Holiday shift
allowances, nor overtime allowances or penalties paid in excess of the Ordinary
Time Rate of Pay under clause 7.C (d));
(B) First Aid,
Leading Hand and Supervisor allowances; and
(C) Paid Meal
Breaks.
17. SICK LEAVE
A Casual Employee is not entitled to paid sick leave under
this Award.
An Employee other than a Casual Employee shall, after three
months' continuous service, be entitled to paid leave for genuine illness or
injury, subject to the following conditions and limitations:
(a) the Employee
shall where practicable prior to but definitely within twenty-four hours of the
commencement of such absence inform the Employer of their inability to attend for
duty and, as far as practicable, state the nature of the injury or illness and
the estimated duration of absence;
(b) the Employee
shall prove to the satisfaction of the Employer, by the production of a medical
certificate or other evidence satisfactory to the Employer, that the Employee
was unable on account of such illness or injury to attend for duty on the day
or days for which sick leave is claimed;
(c) Full Time
Employees shall be entitled to sick leave of up to seventy six Ordinary Hours
for each year of employment, which shall accumulate, from year to year, to a
maximum of 228 hours. No payments will
be made in lieu of untaken sick leave.
(d) Sick leave
shall be paid at the Ordinary Time Rate of Pay as set out for each
classification in "Appendix A".
(e) The Employer
reserves the right to refer any Employee for an independent medical opinion at
the Employer's expense.
(f) Part Time
Employees shall be entitled to sick leave on a pro-rata basis as described in
clause 7 of this Award.
18. LONG SERVICE LEAVE
The Long Service Leave
Act 1955 shall apply.
19. JURY SERVICE
Casual Employees are not entitled to any jury service under
this Award.
Employees required to attend for jury service during
rostered working hours shall be reimbursed by the Employer an amount equal to
the difference between the amount paid in respect of attendance for such jury
service and the Ordinary Time Rate of Pay in respect of those hours the
Employee would have worked had the Employee not been on jury service. An Employee shall notify the Employer as
soon as possible of the date upon which attendance for jury service is
required. Further the Employee shall
give the Employer proof of attendance, the duration of such attendance and the
amount received in respect of such jury service.
20. PERSONAL/CARER'S LEAVE
20.1 Use of sick
leave
(a) An Employee,
other than a Casual Employee, with responsibilities in relation to a class of
person set out in 20.1(c)(ii) who needs the Employee's care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 17 of this Award, for absences
to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single
day
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the Employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first-mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grand-parent, grandchild or sibling of the Employee or spouse or de facto
spouse of the Employee; or
(d) a same sex
partner who lives with the Employee as the de facto partner of that Employee on
a bona fide domestic basis; or
(e) a relative of
the Employee who is a member of the same household, where for the purposes of
this paragraph:
(i) 'relative'
means a person related by blood, marriage or affinity;
(ii) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
' (iii) household' means a family group living in
the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the Employee to give prior notice of absence, the
Employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
20.2 Unpaid leave
for family purpose
(a) An Employee
may elect, with the consent of the Employer, to take unpaid leave for the purpose
of providing care and support to a person as set out in clause 20.1(c)(ii) who
is ill.
20.3 Annual leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding
five days in single day periods or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph 20.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(c) An Employee
and the Employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
20.4 Time-off in
lieu of payment for overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for Overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph 20.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 20.4(a), the Employee shall be
paid overtime rates in accordance with this Award.
20.5 Make-up time
(a) A Day Work
Employee may elect, with the consent of the Employer, to work 'make-up time',
under which the Employee takes time off Ordinary Hours, and works those hours
at a later time, during the spread of Ordinary Hours provided in this Award, at
the Ordinary Time Rate of Pay.
(b) A Shift Work
Employee or Continuous Shift Work Employee may elect, with the consent of the
Employer, to work 'make-up time' (under which the Employee takes time off
Ordinary Hours and works those hours at a later time), at the shift work rate,
which would have been applicable to the hours taken off.
21. PARENTAL LEAVE
Casual Employees are not entitled to any Parental Leave
under this Award. The Industrial Relations Act (NSW) 1996
Chapter 2, Part 4, Divisions 1 and 2 shall apply.
22. BEREAVEMENT LEAVE
22.1 An Employee
other than a Casual Employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 22.3 below.
22.2 The Employee
must notify the Employer as soon as practicable of the intention to take
bereavement leave and will, if required by the Employer, provide to the
satisfaction of the Employer proof of death.
22.3 Bereavement
leave shall be available to the Employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 20.1(c)(ii), provided
that for the purpose of bereavement leave, the Employee need not have been
responsible for the care of the person concerned.
22.4 An Employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the Employee has been granted other leave.
22.5 Bereavement
leave may be taken in conjunction with other leave available under clauses
20.2, 20.3, 20.4 and 20.5 of this Award.
In determining such a request the Employer will give consideration to
the circumstances of the Employee and the reasonable operation requirements of
the business.
22.6 Further, an
Employee other than a Casual Employee shall be entitled to a maximum of two
days' leave without loss of pay on each occasion and on production of
satisfactory evidence of the death outside Australia of the Employee's spouse
(which includes de-facto spouse), or parent (which includes a step-parent or
foster parent), and where the Employee travels outside of Australia to attend
the funeral.
23. OCCUPATIONAL HEALTH AND SAFETY
It is recognised that safety is a team commitment involving
Managers, Supervisors and Employees working together through consultation and
co-operation.
The rights and responsibility of all personnel to express
their concern over safety in the workplace and to expect those rights and
responsibilities to be addressed is recognised and supported.
Information, instruction and training in safe methods of
work, relevant legislation, safety procedures, etc will be provided to all
Employees.
The Employer shall provide and the Employee shall wear and
use protective clothing and safety equipment nominated by the Employer from
time to time. The Employee shall
request any additional protective clothing or safety equipment required in
addition to normal issue and the Employer shall not refuse any reasonable
request. Protective clothing and safety
equipment shall remain the property of the Employer.
Adequate first aid facilities shall be maintained by the
Employer in accordance with the Occupational
Health and Safety Act 1983 and its regulations, as amended.
24. CLOTHING
Upon appointment the Employer shall issue each Employee with
an initial issue of uniform items.
Such items shall be replaced or exchanged on a one for one
basis as required to maintain a proper presentation in the work place with a
minimum replacement period of 12 months.
Such uniforms shall remain the property of the Employer and
shall not be worn other than when on duty or in transit to and from work. When replaced by a new issue all replaced
items of uniform shall be returned to the Employer.
Where an Employee for no good reason fails to return items
of issued clothing, the Employer may deduct an amount of $50 from the
Employee's termination pay, excluding annual leave or long service leave
payments.
Each Employee is responsible for laundering and maintaining
uniforms in a presentable condition. A
laundering allowance is included in the rates of pay for all classifications.
25. MEDICAL EXAMINATIONS
In addition to the pre-employment examination, the Employer
will arrange for general medical examinations of Employees covered by this
Award every twelve months and in addition, lead level and audiogram testing
will be conducted every six months.
There will be no payment in excess of ordinary wages to an Employee to
attend these medical examinations, which will be carried out during normal
working hours on the following basis:
• All costs
of medical checks will be borne by the Employer;
• The
Employer will maintain records of the medical checks;
• The medical
records shall be made available to the Employee concerned;
• A copy of
the medical record is to be forwarded to the Employee's treating doctor on
request; and
• In all
other circumstances information contained in the medical records is to remain
confidential.
26. TRAINING
The Employer will provide training and education to improve
workforce skills and understanding of work related programmes. This training and education will be carried
out predominantly during normal working hours.
27. ALCOHOL AND OTHER DRUGS
It is agreed that no Employee will be allowed to enter the workplace
if the Employee is under the influence of alcohol or any other substance, which
impairs the Employee's work or is likely to create an unsafe working
environment.
The Motorway Manager or his nominee may if he has a
reasonable suspicion that an Employee is under the influence of alcohol or any
other foreign substance, direct the Employee to leave the workplace.
The Employee so directed, will not be paid for the remainder
of the day or Shift. The Employee if
rostered should report for work the following day.
28. PROBATIONARY PERIOD
Employment will be on the basis of an initial three-month
probationary period. During this
period, the Employee's suitability for continued employment will be
assessed. Prior to the completion of
the probationary period the Employer may offer employment to the Employee in
accordance with this Award.
29. UNIONS PROCEDURE
29.1 Entry
The Parties acknowledge Chapter 5, Part 7 of the NSW Industrial Relations Act 1996. Union
Officials will be granted access to the work areas upon reasonable notice being
afforded to the Motorway Manager. It
would be preferable for the officials to state the purpose of their visit when
giving notice.
29.2 Delegates
The Employer recognises the right of its Employees to
be represented in their dealings with their Employer if they so choose. The site delegate shall be allowed
reasonable time during working hours to discuss with the Employer or its
representative any matter affecting an Employee whom the Union represents. Such discussions should be arranged for
times, which are convenient to both parties.
Before a delegate moves away from their area of work, permission must
first be obtained from the Supervisor.
30. DISPUTE SETTLEMENT PROCEDURES
The Parties agree to facilitate the constructive and speedy
resolution of any issue of concern at the workplace and recognise that this
commitment is critical to maintaining harmonious relations between the Employer
and its Employees. Subject to the provision
of the Industrial Relations Act 1996,
any dispute shall be dealt with in the following manner:
• If an
Employee has a grievance arising out of his or her employment with the
Employer, the Employee shall notify the Supervisor of the substance of the grievance,
request a meeting with that person and state the remedy sought.
• If the matter
cannot be resolved between the Employee or the Employee's representative and
the Supervisor, it shall be referred to the Motorway Manager. Where appropriate or deemed necessary, the
Employee may elect to seek the assistance of his/her workplace delegate or any
other person.
• If the matter
is still not resolved, the Employee may request the Motorway Manager to refer
the grievance to the General Manager - New South Wales & ACT Branch or
Leighton's Manager - Industrial Relations New South Wales & ACT.
All parties must use their best efforts to resolve the
grievance expeditiously and to the satisfaction of the Parties.
If the grievance is not resolved by the above process,
the Parties may refer the grievance to the Industrial Relations Commission of
New South Wales:
(a) as a
question, dispute or difficulty in respect of the Award; or
(b) for a
binding declaration of right under section 154.
Whilst the above procedures are being carried out, work
will continue as it did prior to the grievance arising and no stoppage of work
or any other form of limitation of work shall occur. Neither Party shall be prejudiced as to final settlement by the
continuation of work in accordance with this clause.
31. ANTI-DISCRIMINATION
31.1 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 ground
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
31.2 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.
31.3 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 compliant of unlawful discrimination or harassment.
31.4 Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practise of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
31.5 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.
32. NO DURESS
The parties declare that this Award was not entered into
under any duress.
33. NO EXTRA CLAIMS
Neither the Union, nor any Employee shall make any claim
against the Employer for any increase in rates of pay or allowances or make any
other claim during the life of the Award.