TRANSGRID EMPLOYEES AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Electrical
Trades Union of Australia, New South Wales Branch, an industrial
organisation of employees.
(No. IRC 1655 of 2002)
Before the Honourable
Justice Kavanagh
|
4 April 2002
|
AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Parties to the Award
3. Intent, Scope and Duration
4. Objectives
5. Consultative Mechanism
6. Health and Safety
7. Environment
8. Quality
9. No Extra Claims
10. Voluntary Redeployment/Redundancy
11. Local Workplace Agreements
12. Salaries and Allowances
13. Classifications
14. Classification Advisory Committee
15. Forms of Employment
16. Calculation of Service
17. Terms of Employment
18. Hours and Work Patterns - Day Workers
19. Shift Work
20. Overtime - Day Work
21. Overtime - Shift Work
22. Meal Allowances on Overtime
23. Meal Breaks - Day Work
24. Higher Graded Work and Pay
25. Clothing and Tools
26. Annual Leave
27. Long Service Leave
28. Sick Leave and Accident Pay
29. Leave for Family Care
30. Standby and "On Call"
31. Working Away from Headquarters
32. Travelling Time and Fares
33. Grievance and Dispute Procedure
34. Public Holidays and Picnic Day
35. Parental Leave
36. Miscellaneous
37. Anti-Discrimination
1. Title
This award shall be known as the TransGrid Employees Award
2002.
2.
Parties to the Award
2.1 This award has
been made between TransGrid and the unions listed below on behalf of the
employees of TransGrid:
Electrical Trades Union of Australia, New South Wales
Branch.
Federated Municipal and Shire Council Employees' Union
of Australia, New South Wales Division.
The Association of Professional Engineers, Scientists
and Managers, Australia (New South Wales Branch).
Construction, Forestry, Mining and Energy Union (New
South Wales Branch).
The Australian Workers' Union, New South Wales.
Public Service Association and Professional Officers'
Association Amalgamated Union of New South Wales.
2.2 This award was
not entered into under duress by any party.
3.
Intent, Scope and Duration
3.1 This award
rescinds and replaces the provisions of the TransGrid Employees Award 2000
published 25 August 2000 (318 I.G. 92), as varied.
3.2 This award
applies to all employees except senior executives of TransGrid who are covered
by individual employment agreements.
3.3 This award
will be effective from 4 April 2002 until 1 December 2003.
3.4 It is a term
and condition of employment and of the obligations and rights occurring under
this award that employees:
(i) use any
technology and perform any duties which are within the limits of their skills,
competence and training; and
(ii) maintain
commitment to and comply with TransGrid's Code of Ethics and comply with any
direction in respect to the performance of their duties; and
(iii) are committed
to the achievement of the objectives of TransGrid’s Corporate Plan.
4.
Objectives
TransGrid's principal objectives and functions are set out
in the Energy Services Corporations
Amendment (TransGrid Corporatisation) Act 1998.
TransGrid has developed a Corporate Plan, covering the
period from 2001 to 2002, to enable it to fulfil its mission to be Australia’s
leading manager of network assets.
The parties to this award are committed to the objectives of
the Corporate Plan, which are:
To provide accessible, efficient, safe and reliable
facilities for the transmission of electricity
To be commercially successful
To be environmentally and socially responsible
To identify the optimum solutions to provide reliable
electricity supply
Achieving these objectives creates a stronger TransGrid for
all stakeholders:
Shareholders
Customers
Employees
Wider community
In pursuing these objectives, TransGrid will satisfy our
customers' needs and requirements by drawing on our values of:
Integrity
Open communication
Trust and respect
Recognition of contribution
Commitment to health and safety
Competence
5.
Consultative Mechanism
The Chief Executive and Senior Management of TransGrid will
meet with representatives of the Labor Council and major unions from time to
time to discuss industry-related issues.
The meetings will be held as required, depending on current issues and
developments.
In addition to these meetings, a two-tiered consultative
mechanism will be established as follows:
Level 1 Committee will consist of senior TransGrid
representatives, Labor Council and union representatives and site delegates, as
appropriate. This Committee will
consider strategic matters only.
This Committee will meet quarterly.
Level 2 Committees will be established at workplaces to
review local issues. The Committees
will consist of representatives of local management and employees. These Committees
will meet to consider local matters.
These Committees will meet quarterly and are required
to then provide quarterly update reports to the Level 1 Committee.
6.
Health and Safety
TransGrid is committed to the health and safety of all its
employees.
TransGrid is committed to a goal of zero injuries,
occupational illnesses and incidents.
TransGrid is committed to ongoing consultation and
communication with elected employee health and safety representatives and
employees in any workplace change that will affect the health and safety of
employees, and to ensure continuous improvement in all areas of our work.
TransGrid believes that all accidents are preventable on and
off the job.
It is agreed that all parties to the award work to achieve a
healthy and safe workplace by:
(a) establishing
and maintaining a healthy and safe workplace and adopting safe working
practices.
(b) ensuring that
every possible precaution is taken to prevent accidents and minimise potential
hazard.
(c) recognising that
all employees are personally responsible for giving primary concern to their
own safety and the safety of others.
(d) wearing the
protective clothing provided and using safety equipment at all times.
(e) incorporating
health and safety in the planning and undertaking of all current and future,
internal and external projects.
(f) agreeing to
participate in the formulation of safety plans and initiatives and the
implementation of these schemes.
7.
Environment
Protection of our environment is one of the fundamental
values associated with all TransGrid activities.
TransGrid has achieved certification to ISO 14001
(Environmental Management Systems) and is committed to caring for the
environment by:
(a) complying with
all relevant environmental statutes, regulations and standards;
(b) operating an
environmental management system to prepare and document environmental
procedures and to supervise and review their effective implementation; and
(c) ensuring that
environmental factors are taken into account for each activity.
TransGrid is committed to ensuring that its work teams:
(a) take active
measures to protect the environment during all work activities;
(b) consult with
appropriate community organisations and government departments; and
(c) are trained
and regularly updated on environmental issues relating to their particular work
requirements.
Protection of the environment is the responsibility of all
TransGrid staff. TransGrid will
continually strive to improve environmental performance through the setting of
targets and regular environmental auditing.
All parties to the award work towards protecting the
environment by agreeing to participate in the formulation of environmental
plans and initiatives and the implementation of these schemes.
8.
Quality
TransGrid has achieved certification to ISO 9001 (Quality
Management Systems) and ISO 14001 (Environmental Management Systems) and is
committed to applying a total quality approach to technical excellence,
commercial rigour and environmental sensitivity.
It is agreed that all parties to this award will work
together:
seeking out and understanding their customers'
requirements
striving for continuous improvement
eliminating waste from all work processes
maintaining TransGrid's Quality certification
delivering the right result first time.
9.
No Extra Claims
Apart from:
(a) increases
available through State Wage Case decisions; and
(b) discussions in
relation to the concept of union bargaining agents' fees,
the parties shall not pursue any extra claims during the
life of the award.
Where any disagreement arises, the parties shall follow the
procedure contained in clause 33, Grievance and Dispute Procedure.
State Wage Case decisions determined during the period of
the award will be dealt with as follows:
(a) Cost of living
adjustments - any component of a State Wage increase which is identified in the
decision as a cost of living adjustment will be passed on to employees in full
on the basis of any conditions that are imposed by the decision. This component of the increase will be in
addition to the increases arising as a result of this award.
(b) Productivity
increase - any component of a State Wage increase which is in return for state
wide productivity improvements or is based on enterprise level productivity
increases will be adjusted to avoid double counting.
10.
Voluntary Redeployment/Redundancy
10.1 Employees whose
positions are surplus to TransGrid's requirements may be offered Voluntary
Redeployment or Voluntary Redundancy.
10.2 Where more
applications for Voluntary Redeployment or Voluntary Redundancy are received
than there are surplus positions, it may become necessary to retain key
officers, as the loss of such officers would affect the efficiency of
TransGrid's business operations.
10.3 Employees who
accept Voluntary Redundancy are eligible for payments included in the New South
Wales Government's Voluntary Redundancy package as a minimum. Currently, the payments are:
(a) four weeks'
notice or payment in lieu; and
(b) an additional
one week's notice or pay in lieu for employees aged 45 years and over with five
or more years of completed service; and
(c) severance pay
at the rate of three weeks per year of continuous service with a maximum of 39
weeks, with pro rata payments for incomplete years of service to be on a
quarterly basis; and
(d) the benefit
allowable as a contributor to a retirement fund; and
(e) for employees who
accept Voluntary Redundancy within two weeks of the offer being made and
terminate their employment within the time nominated by TransGrid:
Years of Service
|
Entitlement
|
Less than 1 year
|
2 weeks' pay
|
1 year and less than 2 years
|
4 weeks' pay
|
2 years and less than 3 years
|
6 weeks' pay
|
3 years and over
|
8 weeks' pay
|
11.
Local Workplace Agreements
11.1 A Local
Workplace Agreement may only provide for flexibility in the conditions of
employment at a local workplace.
Employees and management at the local workplace must be
in agreement on any proposed variation.
11.2 A Local
Workplace Agreement may only provide for flexibility in the conditions of
employment where the following requirements have been met:
(a) The appropriate
union has been advised prior to the commencement of discussions with the
employees concerned.
(b) The employees
are not disadvantaged when the Local Workplace Agreement is viewed as a whole.
(c) The majority of
employees affected agree after taking all views into consideration, including
the need to maintain effective working relationships.
(d) The manager of
the workplace agrees to the proposal.
(e) The hours of
work cannot exceed 140 in each four week period.
All hours outside the span of hours contained in:
(i) the Local
Workplace Agreement; or
(ii) clause 18,
Hours and Work Patterns - Day Workers
will be paid in accordance with clause 20, Overtime -
Day Work or clause 21, Overtime - Shift Work.
Approval to work overtime must be obtained before it
commences.
Any variation to this subclause must be agreed to and
endorsed by the Level 1 Committee.
(f) The Local
Workplace Agreement is not contrary to any law and does not jeopardise safety.
(g) The Local
Workplace Agreement will improve efficiency and/or customer service and/or job
satisfaction.
(h) Managers shall
give fair consideration to requests from staff for flexible work arrangements
and ensure that work arrangements do not discriminate or work against
particular employees.
(i) All relevant
unions have formally endorsed the Local Workplace Agreement.
(j) A Local
Workplace Agreement must be approved by the Chief Executive.
11.3 A Local Workplace
Agreement shall not be in place for longer than three months without being
renewed except when agreed for specific projects.
12.
Salaries and Allowances
12.1 The salary
point rates for the classifications covered by this award, including the initial
5% increase, based on a 35 hour week, are as follows:
Salary Point
|
Weekly Rate
|
1
|
$338.00
|
2
|
$389.60
|
3
|
$441.00
|
4
|
$492.50
|
5
|
$518.20
|
6
|
$543.80
|
7
|
$568.30
|
8
|
$593.50
|
9
|
$620.00
|
10
|
$647.80
|
11
|
$677.20
|
12
|
$709.20
|
13
|
$741.70
|
14
|
$776.10
|
15
|
$811.80
|
16
|
$849.60
|
17
|
$878.60
|
18
|
$908.60
|
19
|
$939.60
|
20
|
$971.70
|
21
|
$1,004.70
|
22
|
$1,039.00
|
23
|
$1,074.90
|
24
|
$1,111.70
|
25
|
$1,149.40
|
26
|
$1,188.90
|
27
|
$1,229.50
|
28
|
$1,272.00
|
29
|
$1,315.30
|
30
|
$1,360.40
|
31
|
$1,407.00
|
32
|
$1,455.50
|
33
|
$1,505.40
|
34
|
$1,557.10
|
35
|
$1,610.70
|
36
|
$1,666.10
|
37
|
$1,723.60
|
38
|
$1,782.40
|
39
|
$1,843.80
|
40
|
$1,907.50
|
The above salary point rates include an amount in
respect of the annual leave special payment.
Note 1:
An allowance of $13.80 per week is payable to all
employees. This allowance has been incorporated
into these base salary rates.
12.2 In addition to
the above salary point rates, the following are to be included in what will be
known as employees' ordinary weekly salaries:
(a) the field
allowance in accordance with subclause 12.3; and
(b) the general
purpose allowance in accordance with subclause 12.4; and
(c) the special
payment in accordance with paragraph (a) of subclause 12.5.
Field allowance
12.3 The field
allowance of $32.90 per week is to be paid to:
(a) all employees
appointed to field locations; and
(b) Tradespersons,
Power Workers and Operators located in the Sydney office.
Note 2:
Administrative, Engineering and Professional Officers
appointed to the Sydney office are not entitled to be paid the field allowance
(or part thereof) when temporarily attached to field locations. (The general purpose allowance component,
incorporated into base salary rates in subclause 12.1, includes a component in
respect of such temporary attachments).
For extended periods at field locations, approval may
be sought for a special payment in accordance with paragraph (b) of subclause
12.5.
General purpose allowance
12.4 The
classifications Engineering Officer, Power Worker, Tradesperson and Purpose Apprentices
at field locations (other than Sydney office) will receive a general purpose
allowance of $21.60 per week.
Note 3:
Apart from:
(a) the tool
allowance in subclause 12.10; and
(b) the first aid
allowance in subclause 12.11,
the general purpose allowance replaces the allowances:
(a) paid for
lunches incurred on one day trips as described in TransGrid's Policies and
Procedures; and
(b) those listed
in Schedule A of the TransGrid Employees Award 1997 published 16 July 1999 (310
I.G. 1), as varied.
The parties agree that no further claims or payments
related to these allowances will be made.
Special payments
12.5 Employees
appointed to the Sydney office:
(a) are to be paid
a special payment of $8.10 per week for the acceptance of the Variable Working
Hours system, which incorporates the three existing attendance systems
(b) who are
required to work away from the Sydney office for extended periods and for the
majority of each week away are entitled to be paid $29.00 per week:
(i) for the duration
of such work; and
(ii) when they are
located away from the Sydney office
subject to the approval of the General Manager of the
business unit concerned.
This payment is not applicable:
(i) to any form
of paid leave; or
(ii) to overtime;
or
(iii) to travelling
time; or
(iv) to public
holidays; or
(v) for any
purposes for which ordinary weekly salaries are to apply.
Note 4:
Employees who are paid long service leave or sick leave
at half pay are to be paid the field allowance and/or the general purpose
allowance and the special payment in paragraph (a) of this subclause at half
the rate if they receive these allowances on a permanent basis.
All purposes
12.6 Employees'
ordinary weekly salaries shall be paid for all purposes. "All purposes" shall cover all
circumstances where employees' ordinary weekly salary rates are applied.
12.7 Employees will
be paid the following salary increases on the dates as shown:
5% payable after the first pay period commencing on or
after 1 December 2002.
Salary sacrifice
12.8
(a) Notwithstanding
the salaries prescribed by this clause, an employee may elect, subject to the
agreement of TransGrid, to sacrifice a portion of the salary payable under this
clause to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate.
The amount sacrificed must not exceed 30% of the salary
payable under this clause or 30% of the currently applicable superable salary,
whichever is the lesser. In this clause
"superable salary" means the employee’s salary as notified from time
to time to the relevant trustee as required under the scheme rules.
(b) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(i) subject to
Australian taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(ii) those allowances,
penalty rates, payments for unused leave entitlements, weekly worker’s
compensation or other payments to which an employee is entitled under this
award and which are determined by reference to an employee’s salary shall be
calculated by reference to the salary before any sacrifice for superannuation
under this award.
(c) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(i) paid to the
Energy Industries Superannuation Scheme Division A; or
(ii) subject to
TransGrid's agreement, paid to a private sector complying superannuation scheme
as employer superannuation contributions.
(d) Where the
employee elects to sacrifice salary in terms of paragraph (c) of this subclause,
TransGrid will pay the sacrificed amount into the relevant superannuation
scheme. TransGrid must ensure that the
amount of any additional employer superannuation contributions specified in
paragraph (a) of this subclause is included in the employee’s superable salary,
which is notified to the relevant trustee as required under the scheme rules.
(e) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with TransGrid to have superannuation
contributions made to a superannuation scheme other than a scheme contained in
the Energy Industries Superannuation Scheme Trust Deed, TransGrid will continue
to base contributions to that other scheme on the salary payable under this
clause to the same extent as applied before the employee sacrificed portion of
that salary to superannuation. This
clause applies even though the superannuation contributions made by TransGrid
may be in excess of superannuation guarantee requirements after salary
sacrifice is implemented.
(f) Additional
taxation costs associated with the salary sacrifice will not be borne by
TransGrid and deduction limits may be imposed to avoid additional taxation
costs to TransGrid.
Salary sacrifice in addition to superannuation benefits
12.9 In addition to
subclause 12.8, employees may elect to salary sacrifice for non-salary benefits
through an approved third party provider of such benefits.
Each employee who negotiates an individual salary sacrifice
arrangement will be required to enter into an agreement with an approved third
party.
The employee should be aware that any individual salary
packaging arrangement would result in their gross taxable salary being reduced.
Employees participating in any such arrangements shall
advise TransGrid of the relevant details, including commencement and cessation
of the arrangement, to allow the necessary payroll deductions to take place.
TransGrid is not responsible for the establishment or
administration of any such arrangements and the provision of benefits shall be
at no cost to TransGrid.
Tool allowance
12.10 Tradespersons in
the trade classifications of Carpenter or Painter must be paid the tool
allowance prescribed from time to time by the appropriate general State award
in addition to their ordinary weekly salary.
The tool allowances are paid for all purposes.
First aid allowance
12.11 Employees who
are nominated to carry out first aid duties must be paid $11.40 per week or
part thereof.
Employees who are current holders of the Occupational
First Aid Certificate must be paid 50% above this rate.
Redeployment/ relocation entitlements
12.12 Employees who
are in receipt of either the special power station allowance or the special
other division allowance under redeployment or relocation entitlements
conditions must continue to be paid the allowance at the rate(s) determined by
TransGrid until they are appointed to a new position. Employees are only to be
paid the higher of either the field allowance or the appropriate special
allowance.
13.
Classifications
13.1 The
classifications of TransGrid employees are:
(a) Administrative
Officers
(b) Engineering
Officers
(c) Professional
Officers
(d) Operators - Administrative,
Engineering and Professional Officers' and Operators' positions are evaluated
and allocated a range of salary points in accordance with the agreed job
evaluation procedure.
(e) Power Workers
(f) Tradespersons
- Progression of Power Workers and Tradespersons is based on the relevant
Skills Development Programs.
(g) Apprentices
14.
Classification Advisory Committee
Purpose
14.1 The purpose of
the Committee is to recommend appropriate salary point(s) for a position(s).
Constitution
14.2 The Committee
consists of:
(a) a Chairperson
appointed by TransGrid
(b) two TransGrid
representatives
(c) two
representatives of employees appointed from time to time by the relevant
union(s) having regard to the classification under review.
Powers
14.3 The Committee
can:
(a) consider
applications for alterations of salary points on the ground of altered
circumstances by:
(i) unions on
behalf of an employee or groups of employees
(ii) TransGrid
(b) consider any
errors or anomalies in the salary points of:
(i) an
employee(s)
(ii) any position
(c) recommend
appropriate salary points for new positions.
Procedures
14.4 The Committee
proceeds by exchange of views and discussion, not by vote. It is the responsibility of the Chairperson to
prepare a report, including a recommendation, to the Chief Executive of
TransGrid, setting out the view of the Committee. If there are differing views, the report must include them.
Confidentiality
14.5 All proceedings
of the Committee are confidential.
14.6 This clause
will not prejudice or affect any right any person may have under the Industrial Relations Act 1996.
15.
Forms of Employment
15.1 Employment may
be full-time, part-time, casual or temporary.
It is determined by local management taking into account the needs of
the business.
If part-time, casual or temporary employment is to be
introduced, no full-time employee will be displaced. TransGrid does not intend to create a workforce of part-time,
casual, temporary or labour hire employees.
Labour hire employees would only be used as
supplementary labour for a period of no longer than three months.
Any dispute in relation to the use of contractors or
labour hire employees will be referred to the Level 1 Consultative Committee.
It is not the intention of TransGrid to outsource core
work. TransGrid shall give three months
notice of an intention to outsource such work on a long-term basis.
Full-time
Who is a full-time employee?
15.2 A full-time
employee is any permanent employee who normal observes full-time ordinary
weekly working hours on either a day or shift pattern.
Part-time
Who is a part-time employee?
15.3 A part-time
employee is a permanent employee who works a constant number of hours which are
less than the full-time ordinary weekly working hours.
Hours of work
15.4 The minimum
number of hours to be worked by a part-time employee is 14 hours or two shifts
per week. The minimum number of hours
to be worked per day of attendance is three hours and 30 minutes.
Rates of pay
15.5 Part-time
employees are paid the hourly rate for their classification.
Overtime
15.6 Overtime must
be paid in accordance with clause 20, Overtime - Day Work, but only when
nominated hours are exceeded or work is performed outside the spread of
ordinary hours.
Entitlements
15.7 Part-time
employees receive the same entitlements that are contained in the award for
full-time employees. These entitlements
are in proportion to the number of ordinary hours worked to full-time ordinary
working hours.
Returning to full-time employment
15.8 Full-time
employees may work part-time subject to agreement with local management. These employees can return to full-time work
at the end of the period of part-time work.
Casual
Who is a casual employee?
15.9 A casual
employee is any employee who works on an hourly basis, as required, and is paid
as such.
Hours of work
15.10 The hours of
duty for casual employees are determined by local management within the spread
of ordinary working hours.
Rates of pay
15.11 Casual employees
are paid:
(a) the hourly
rate for the appropriate salary point for their classification; and
(b) a loading of
20%.
Overtime
15.12 Overtime must be
paid in accordance with clause 20, Overtime - Day Work, but only when nominated
hours are exceeded or work is performed outside the spread of ordinary hours.
Termination
15.13 The services of
a casual employee can be terminated by:
(a) an hour's
notice given by either management or the employee; or
(b) payment by
management of an hour's salary instead of notice; or
(c) forfeiture by
the employee of an hour's salary instead of notice.
What is the minimum payment for each start?
15.14 A casual
employee is entitled to:
(a) a minimum of
three hours' pay in respect of each start; and
(b) reimbursement
of all fares incurred in travelling to and from work only when the minimum is
paid.
15.15 Employees
appointed to carry out the duties of an Occupational Health Nurse on a casual
basis are to be paid:
(a) at the rate
applicable to salary point 23 at the location; and
(b) a loading of
20%.
Any time worked in excess of seven hours per day is to
be paid at ordinary time.
Apart from the provisions of subclauses 15.9, 15.10,
15.11, 15.13 and 15.14, there is no entitlement to any other provisions of this
award.
Temporary
Who is a temporary employee?
15.16 A temporary
employee is any employee who works set and regular hours for a period of
limited duration on a full-time or part-time basis.
The maximum duration of temporary employment is 12
months. If the position is not held by
a permanent employee and is still required, the position must then be
advertised and filled on a permanent basis.
Hours of work
15.17 The commencing
and finishing times for each day are determined by local management.
Rates of pay
15.18 Temporary
employees are paid the hourly rate for their classification.
Overtime
15.19 Overtime must be
paid in accordance with clause 20, Overtime - Day Work, but only when nominated
hours are exceeded or work is performed outside the spread of ordinary hours.
Termination
15.20 The services of
a temporary employee will be terminated:
(a) at the end of
the period of employment; or
(b) by local
management or employee giving at least one week's notice.
Entitlements
15.21 Temporary
employees receive the same entitlements that are contained in this award for
full-time employees. These entitlements
are in proportion to the number of ordinary hours worked to full-time ordinary working
hours.
16.
Calculation of Service
What counts as service?
16.1 In calculating
service, TransGrid must include:
(a) periods of
annual and long service leave
(b) periods of
sick leave with or without pay
(c) periods of
approved leave with pay
(d) periods of
approved leave without pay not exceeding 20 consecutive working days or
equivalent hours of shifts
(e) periods of
approved leave without pay exceeding 20 consecutive working days or equivalent
hours of shifts which have been specifically authorised to be counted as
service
(f) periods of
absence for which workers' compensation payments are made
(g) periods of
service as an employee on probation
(h) in the case of
an employee transferred from Pacific Power:
(i) actual
service with Pacific Power; and
(ii) service with
another employer which had been counted as service by Pacific Power.
(i) any previous
period of service with TransGrid in accordance with paragraphs (a) to (h) of this
subclause for an employee who had resigned or been discharged and later
re-employed.
(j) any previous
period of service with TransGrid in accordance with paragraphs (a) to (h) for
an employee who had been dismissed and later re-employed if that employee's
current period of service under paragraphs (a) to (h) is more than five years.
16.2 If payment for
long service leave has been received by an employee, any service recognised in
accordance with paragraphs (i) and (j) of this subclause is counted for
qualifying purposes for future calculation only.
17.
Terms of Employment
Payment of salaries
17.1 If requested by
a majority of employees appointed to a field location, balancing of ordinary
pay for time worked must be arranged as far as possible so that the salary
payable to employees each week is adjusted to reduce fluctuations in weekly
pay.
17.2 The ordinary
weekly salary of an employee appointed to the Sydney office must not vary from
week to week as a consequence of accumulating debits or credits of ordinary
hours in a given week.
Annualised Salaries
17.3 The Working
Party established to consider
(a) an Annualised
Salary Agreement;
(b) Handover time;
and
(c) the
introduction of 12 hour shifts
for Operating staff who work on a 7 x 3 shift roster,
will continue to meet to resolve outstanding issues.
At each location all of the eligible Operating staff
must elect to transfer to the Annualised Salary system.
Averaged Salaries - other classifications
17.4 Employees
working shiftwork in classifications other than Operators may elect to be paid
on an averaged salary basis in accordance with the Averaged Salary Agreement.
However, at each location all of the eligible employees
in the work group must elect to transfer to the Averaged Salary system.
17.5 Payments for
salary and leave must be made only to the employee entitled to them or to a
person authorised by the employee to receive the payments.
17.6 TransGrid may
deduct from an employee's pay contributions or payments for approved purposes
or for the payment to TransGrid of money due by the employee under hire
purchase, tenancy or other agreements only if the employee gives TransGrid
written authority.
Overtime and shift work
17.7 For the purpose
of meeting the needs of the industry, TransGrid requires an employee to work:
(a) reasonable
overtime, including Saturdays, Sundays and public holidays
(b) day work or
shift work, or to transfer from one system of working to another, including
transfer from one system of shift work to another.
Unless a reasonable excuse exists, an employee will
work or transfer in accordance with these requirements.
Wet weather
17.8 In the event of
wet weather, no deductions from employees' salaries will be made if:
(a) they report
for duty;
(b) they work
until the officer-in-charge directs work to stop; and/or
(c) they stand by
as directed.
Termination of service
17.9 Employees'
service may be terminated by:
(a) resignation,
i.e. voluntarily leaving the service of TransGrid
(b) retirement on
account of ill health, which makes employees unable now and in the future to
perform the duties of their appointed grade.
TransGrid's Occupational Health Physician and/or other medical
practitioner, as agreed to by TransGrid and the Secretary of the union
concerned, must issue a certificate to this effect
(c) dismissal
(d) mechanisation
or technological changes in the industry.
If TransGrid terminates the employment of an employee
who has been employed by it for the preceding 12 months because of
mechanisation or technological changes in the industry, it must give the
employee:
(i) three months'
notice; or
(ii) pay at the
ordinary rate for the balance if it gives less than three months' notice. This period of three months counts as
service for the calculation of annual leave and long service leave entitlements
of the employee.
17.10 Employees who
are absent without approval for a continuous period of five working days for
reasons other than certified sickness or extenuating circumstances acceptable
to TransGrid as satisfactory shall be deemed to have resigned.
Period of notice
17.11 Employees must give
TransGrid at least one month's notice of their intention to resign, unless
their terms of employment provides for a different period.
17.12 In all other
cases of termination, except dismissal, TransGrid must give the employee at
least one month's notice, unless their terms of employment provides for a
different period.
This does not affect the right of TransGrid to dismiss
employees without notice. The salaries
of employees who are dismissed, together with their entitlements to payments
for annual leave and long service leave, must be paid up to the time of
dismissal.
18.
Hours and Work Patterns - Day Workers
18.1 Day workers are
employees who work their ordinary hours from Monday to Friday inclusive and who
are not entitled to a paid meal break during their ordinary working hours.
Hours of work
18.2 The ordinary
hours of work for day workers are 35 hours per week or 70 hours per fortnight
where a nine day fortnight is observed.
18.3 Employees in
the Sydney office:
(a) work a
Variable Working Hours system to meet business and personal needs, in
accordance with the Grid Standard; and
(b) observe a span
of ordinary working hours between 7.00 a.m. and 7.00 p.m., Monday to Friday.
18.4 Employees at
field locations:
(a) work a nine
day fortnight system; and
(b) observe a span
of working hours between 6.00 a.m. and 6.00 p.m., Monday to Friday. Daily commencing and finishing times are
determined by local agreement. However,
by agreement with local management, employees may vary their commencing and/or
ceasing times.
Accrual of days off
18.5 Employees may
elect to accrue up to a maximum of five rostered days off or special days off
for the purposes of taking time off for any reason.
Employees wishing to accrue days off must obtain prior
approval that the day(s) chosen to work is suitable to their team leader. Similarly, the time taken off must be on
date(s) agreed to by employees and their team leader.
19.
Shift Work
Types of shift
19.1 There are two
types of shift work:
(a) Regular - in
which an employee works a roster with a one, two or three shift system which
continues for three or more months; and
(b) Irregular - in
which an employee works a roster with a one, two or three shift system which
continues for less than three months.
19.2 Both types of
shift work may be worked:
Monday to Friday inclusive; or
Monday to Saturday inclusive; or
Monday to Sunday inclusive.
They begin and end on any of the days in these periods.
Ordinary hours
19.3 The ordinary
hours of work for shift workers is an average of 35 hours a week over a roster
cycle. Shift workers may be required to
work more than 35 hours in one or more weeks, but the total number of ordinary hours
worked in a roster cycle must not be more than:
number of weeks in roster cycle multiplied by 35 hours.
19.4 These ordinary
hours must be worked during the hours for which the employees are rostered for
duty.
19.5 Employees who
are required to work more than 11 ordinary shifts in 12 consecutive days must
be paid at overtime rates for the 12th and following consecutive shifts. (See clause 21, Overtime - Shift Work, for
rates.)
Shift Allowance
19.6 Shift work may
be:
(a) Early morning
shift - a shift commencing after 5.00 a.m. and before 6.30 a.m.
(b) Afternoon
shift - a shift finishing after 6.00 p.m. and at or before midnight
(c) Night shift -
a shift:
(i) finishing
between midnight and at or before 8.00 a.m.; or
(ii) commencing
between midnight and at or before 5.00 a.m.
TransGrid will decide the commencing and finishing
times of shifts to suit the needs and circumstances of each establishment.
19.7 Shift workers
who work on a shift work roster must be paid the following allowances:
Shift
|
Allowance
|
Early morning shift
|
The greater of 10% of single
time for the shift and $8.30
|
Afternoon shift
|
The greater of 20% of single
time and $30.30
|
Night shift
|
The greater of 20% of single
time and $30.30
|
19.8 Shift workers who:
(a) are engaged on
a roster which requires the working of continuous afternoon or night shifts for
more than two weeks; and
(b) work such
shifts on other than a public holiday, Saturday or Sunday
must be paid the following allowances:
Shift
|
Allowance
|
Continuous afternoon shift
|
25%
of single time
|
Continuous night shift
|
30%
of single time or a reduced number of weekly hours at
|
|
time
and one quarter to give the shift worker the equal of a
|
|
full
week's ordinary pay.
|
19.9 Shift workers
rostered on other continuous night shift rosters for two weeks or less must be
paid for such shifts the overtime rates in clause 20, Overtime - Day Work.
19.10 Shift workers working
continuous night shifts for two weeks or less and working such shifts on a
public holiday must be paid in accordance with subclause 19.12.
19.11 The allowances
are not paid to shift workers for overtime or for any shift for which they are
paid overtime penalty rates.
Shift Penalty
Public holidays
19.12 Shift workers
must be paid for all time worked on a rostered shift on a public holiday the
penalty of 150% of single time.
Other than public holidays
19.13 Shift workers
must be paid the following penalties for all shifts worked on the following
days that are not public holidays:
Shift
|
Penalty
|
Saturday - all shifts
|
50% of single time
|
Sunday - all shifts
|
100% of single time.
|
Only one rate to apply
19.14 Only the highest
penalty rate can apply if more than one penalty could apply to a particular
period of work.
Roster Loading
19.15 Payment of
roster loading is made as compensation for the unevenness of payments under
this award. Payment is also made
instead of shift disabilities not covered by payments under this award
including:
(a) the variety of
starting and finishing times
(b) the need to be
readily available for work and to work, as required, during crib breaks and at
all other times during the shift
(c) minor variations
to established duties
(d) the
requirement to work as rostered on any day of the week.
Roster loading - rates
19.16 The roster
loading for ordinary hours actually worked is:
(a) 4.35% of
salary for:
(i) employees on
seven day continuous shift work rosters
(ii) employees
regularly rostered to work ordinary shifts on both Saturdays and Sundays
(iii) employees
rostered to work continuous afternoon or night shifts
(iv) employees
working day shift only including a shift on Sundays.
(b) 2.12% of
salary for:
(i) employees on
rotating shift work who are rostered to work ordinary shifts involving
afternoon and/or night shifts but who are not regularly rostered to work
ordinary shifts on both Saturdays and Sundays
(ii) employees
working day shift only on Monday to Saturday.
Roster loading - different graded duties
19.17 Employees
carrying out higher graded duties on shift work must be paid the roster loading
for the higher graded classification.
Employees carrying out lower graded duties on shift
work, including those on retained rates, must be paid the roster loading for
their regular classification or retained rates as the case may be.
Roster loading - excluded employees
19.18 Roster loading is
not payable to employees who are engaged on irregular shift work, i.e. in
respect of a roster which does not continue employees for more than one month
and which attracts overtime penalty rates.
Roster loading - during training
19.19 Shift workers
required to transfer from one shift to another to undergo training must be paid
the roster loading appropriate to:
(a) the shift
roster worked immediately before the training if the period of training is less
than five consecutive working days; or
(b) the new shift
roster if the period of training continues for five or more consecutive working
days.
19.20 Day workers
required to transfer to a shift roster to undergo training must be paid the
roster loading appropriate to the shift roster if the period of training
continues for at least five consecutive working days.
General
Payment while at training school
19.21 Shift workers
must be paid the roster loading, shift allowance and penalty rates for public
holidays, Saturday and Sunday shifts which they would have received for their
appointed duties if they are:
(a) training for
appointment to a position in their existing or higher grade; or
(b) attending
refresher training courses; or
(c) attending
operator training courses to qualify to carry out higher grade duties.
Payments must not include any
overtime or higher grade which might have otherwise been worked.
Public holidays
19.22 Shift workers
who, on a public holiday:
(a) work an
ordinary rostered shift; or
(b) are rostered off
duty (except when on annual or long service leave)
are entitled to have a day added to their annual leave
entitlement for each public holiday prescribed in clause 34, Public Holidays
and Picnic Day. If higher grade pay is
involved, the provisions of subclause 24.8 of clause 24, Higher Graded Work and
Pay, apply.
Not required to work on a public holiday
19.23 Shift workers
who, according to their controlling officer, are not required for work on a
public holiday for a shift for which they are normally rostered must observe
the holiday. However, they must be told
at least 96 hours before the shift begins that they are not required. They must be paid for all ordinary time not
worked in respect of the public holiday at the rate of single time.
Shift worker on a five day shift - public holiday
19.24 Shift workers
who are on a five day shift system, Monday to Friday must be paid for public
holidays observed on Monday to Friday.
Mutual standdown
19.25 Shift workers
who:
(a) are rostered
for duty on a shift falling on a Saturday or Sunday; and
(b) according to
the controlling officer, are not required for duty on such day(s)
may, by mutual arrangement with the person responsible
for the work team, not attend for duty on such day(s).
They must be paid for all ordinary time not worked at
the rate of single time.
Shift work day
19.26 If a shift
starts on one day and finishes on the next, the day in which the most hours are
worked is taken to be the shift work day.
Time of transfer
19.27 When employees
are transferring from one system of work to another (including a transfer from
one system of shift work to another system of shift work), they are:
(a) entitled to
all the conditions of the current system of working until they actually begin
working in the new system; and
(b) considered to
have been transferred only from the time they begin to work in the new system.
Ten hour break
19.28 Shift workers
are entitled to a break of at least ten consecutive hours between finishing
shift work and commencing day work.
Day workers relieving on regular shift work
19.29 Day workers who
are required to relieve temporarily on regular shift relieving on work must be
paid:
(a) at the rate of
time and one half when the ordinary commencing time of the first relief shift
is less than eight hours after the employee's actual finishing time under day
work conditions
(b) at a rate of
time and three quarters when:
(i) the shift is
on a Saturday; and
(ii) when the employees
have not had an eight hour break after actual finishing time under day work
provisions.
If eight hours or more elapse, the first and all
subsequent shifts shall come under ordinary shift work conditions and the
employees shall be considered to be employed on regular shift work.
However, employees must be paid at the rate of time and
one quarter for any such shifts where 48 hours' notice prior to commencement is
not given.
Day workers on irregular shift work
19.30 Day workers
required to work relieving temporarily on irregular shift must be paid the
following for the ordinary hours worked on that roster:
(a) overtime rates
for day workers if the shift work lasts for two weeks or less; or
(b) if it lasts
for more than two weeks and less than four, overtime rates for ordinary hours
worked in shifts for the first two weeks and time and one half for ordinary
hours worked in shifts for the next two weeks.
Change of roster or shift
19.31 Shift workers
who are changed from one shift roster to another or from one shift to another
must be paid:
(a) at least time
and one quarter for any shift which they begin within 48 hours from the end of
the shift in which they were given notice of the change of roster or shift;
(b) overtime rates
for the shift which they work without a break following the shift in which they
were given notice of the change.
Notice after absence from duty
19.32 Shift workers
must advise the person responsible for their work team at absence from least eight
hours beforehand when they intend to report for duty after being duty absent from duty.
19.33 The person
responsible for their work team may send them home if they do not do so.
They are not entitled to any payment for the shift.
Handover
19.34 Shift workers
required to hand over at the end of a shift must stay at their workstation
until:
(a) the
appropriate relieving member of the oncoming shift has arrived at the work
station; and
(b) the shift
worker has informed the relieving member of the current status of running plant
and/or maintenance so that the relieving member can start work immediately.
19.35 If handover is
part of a shift worker's normal requirements on a shift, those shift workers
are entitled to time off at the equivalent rate of 16.66 minutes for each
shift. When shift workers transfer from
one roster to another, this time off must be taken in accordance with the
roster system to which they are transferring.
They are entitled to this time off even when they are absent from work
on paid leave.
19.36 Handover time is
to be added together during a roster cycle until it amounts to the time of a
full shift. It may then be rostered to
be taken off at ordinary time. Any
periods in a roster cycle less than a full shift are to be carried forward to
the next cycle. Employees with periods
of handover time less than a full shift may be rostered off if approved by
local management.
19.37 Any time off as
a result of handover time is considered as a non-working day. Shift workers who are required to work on
such a day must be paid overtime in addition to payment for the handover shift.
19.38 If handover is
not a normal feature of a roster, shift workers may be paid overtime if they
are required to handover on a specific occasion.
19.39 If a roster
contains shifts where handover is not a requirement, the calculation of time
off will:
(a) not be related
to such shifts; and
(b) only relate to
those shifts in the roster where handover is required.
19.40 Overtime shifts
are not included in calculating handover time.
20.
Overtime - Day Work
What is overtime?
20.1 Overtime is all
time worked on:
(a) Mondays to
Fridays before established commencing time
(b) Mondays to
Fridays after established finishing time
(c) Saturdays
(d) Sundays
(e) Public
holidays
How is it calculated?
20.2 In calculating
how much overtime a day worker works, each working day is treated
separately. Periods worked before the
established commencing time and after the established finishing time on a
particular day are added together to give the worker's total overtime for that
day. When a new day starts, the
calculations begin again, except that overtime which begins on one day is
counted for that day, even if it continues into the next day.
What are the rates of pay?
20.3 Day workers
must be paid the following rates for overtime:
Day
|
Period
|
Rate
|
|
|
|
Monday to Friday
|
First two hours
|
1.5
|
|
After two hours
|
2.0
|
Saturday (not a public holiday)
|
Before midday -
|
|
|
First two hours
|
1.5
|
|
After two hours
|
2.0
|
|
After midday -
|
|
|
All hours worked
|
2.0
|
Sunday (not a public holiday)
|
|
2.0
|
Public holiday
|
In ordinary working
hours
|
2.0 + ordinary pay
|
|
Outside ordinary
working hours
|
2.0
|
Minimum payment for non-merging overtime
20.4 An employee
must be paid a minimum of four hours at the appropriate overtime rate if the
period of overtime the employee is required to work is not connected to the
ordinary working time. (This does not
apply to an employee required to stand by under clause 30, Standby and "On
Call".)
Cancellation
20.5 If TransGrid
cancels a period of prearranged overtime for any reason at short notice, it
must pay the employee if notified:
(a) at home within
one hour of the time the employee was to leave home - one hour at single time
(b) between the
employee's home and the place of work - three hours at single time
(c) at the place
of work - three hours at the appropriate overtime rate.
However, an employee who has reported at the place of
work may be required to carry out alternative work for a minimum of three
hours. Employees who refuse to do this
work are not entitled to any overtime payment but they will be paid excess
travel and fares, where applicable.
Travel associated with merging overtime
20.6 Employees who
work overtime which merges with normal or rostered working hours must have
their travel to and/or from their homes arranged by TransGrid if reasonable
means of public transport are not available.
Additional time and/or costs incurred will be paid in accordance with
clause 32, Travelling Time and Fares.
Travel associated with non-merging overtime
20.7 Employees who
work overtime which does not merge with normal or rostered working hours must
be paid for all reasonable time travelled, except when they receive a minimum
payment in accordance with subclause 20.4.
Employees shall receive the amount by which the sum of
the actual time worked, at the appropriate rate, plus the entitlement to
travelling time, in accordance with clause 32, Travelling Time and Fares,
exceeds the minimum payment.
TransGrid must reimburse employees for any fares
incurred.
Ten hour breaks
20.8 Employees who
work periods of overtime between completing their ordinary work on one day and
commencing it on the next shall, whenever reasonably practicable, observe a
break of ten consecutive hours when:
(a) period(s) of
overtime and associated travelling time aggregate to four or more hours; or
(b) the period of
overtime and associated travelling time is less than four hours and they return
to their place of residence after midnight.
The breaks commence from the time of return to their
normal place of residence.
Continuing to work after completing overtime
20.9 Employees who
complete overtime within two hours of their next ordinary commencing time may,
with the agreement of their team leader, continue working (at ordinary rates of
pay) and bring forward their overtime finishing time upon completing the period
of their normal daily attendance
If agreement is not reached with the team leader, the
provisions of subclause 20.8 will be applied.
Resuming work without a ten hour break
20.10 If employees resume
or continue work without a ten hour break, TransGrid must pay them double time
until released from duty. They may then
be absent until they have had a ten hour break.
20.11 Employees must
be paid at ordinary rates for any working time which occurs during a ten hour
break.
20.12 The conditions
in subclauses 20.8 and 20.10 do not apply to overtime for which a minimum
payment is applicable.
20.13 If employees:
(a) have had a ten
hour break; and
(b) are recalled
to work overtime whether notified before or after leaving their place of work;
and
(c) commence that
overtime starting at least eight hours after their ordinary finishing time on
Day 1 and before 5.00 a.m. on Day 2; and
(d) would normally
be required to work on Day 2,
then the employees may defer their ordinary commencing
time on Day 2 for a period equal to the time worked between the commencement of
the overtime and 5.00 a.m..
20.14 If employees are
required to continue to work during part of the period they would normally
stand down, TransGrid must pay these employees for the period of stand down not
taken at overtime rates.
Standing by for overtime
20.15 Employees
required to hold themselves in readiness to work overtime after their ordinary
finishing time must be paid for that time at ordinary rates for the period
between the ordinary finishing time and the commencement of the overtime. However, this condition does not apply to
employees required to stand by under clause 30, Standby and "On
Call".
Employees above salary point 35
20.16 Employees above
salary point 35 must not be paid overtime without the Chief Executive's
approval.
21.
Overtime - Shift Work
What is overtime?
21.1 Overtime is all
time worked by shift workers before commencing time or after finishing time of
rostered shifts.
How is it calculated?
21.2 In calculating
how much overtime a shift worker works, each working day is treated
separately. Periods worked before the
ordinary commencing time and after the ordinary finishing time on a particular
day are added together to give the worker’s total overtime for that day. When a new day starts, the calculations
begin again, except that overtime which begins on one day is counted for that
day, even if it continues into the next day.
What are the rates of pay?
21.3 Shift workers
must be paid the following rates for overtime:
Day
|
Period
|
Rate
|
|
|
|
Monday to Friday
|
First two hours
|
1.5
|
|
After two hours
|
2.0
|
Saturday (not a public holiday)
|
Before midday -
|
|
|
First two hours
|
1.5
|
|
After two hours
|
2.0
|
|
After midday -
|
|
|
All hours worked
|
2.0
|
Sunday (not a public holiday)
|
|
2.0
|
Public holiday
|
All hours worked
|
2.5
|
Time worked - during rostered break
21.4 All time worked
during a shift worker's rostered break is paid at the rate during of double
time.
(A shift worker's rostered break is a period of at
least one day's duration when the shift worker is not required to work an
ordinary shift).
Time worked - on non-working days
21.5 Employees who:
(a) work on a
Saturday or Sunday while rostered on a five day, Monday to Friday, shift
system; or
(b) work on a
Sunday while rostered on a six day, Monday to Saturday, shift system
shall be paid at ordinary overtime rates for the day(s)
concerned.
Minimum payment for non-merging overtime
21.6 An employee
must be paid a minimum of four hours at the appropriate overtime rate if the
period of overtime the employee is required to work is not connected to the
ordinary working time. (This does not
apply to an employee required to stand by under clause 30, Standby and "On
Call").
Irregular shiftwork - merging overtime
21.7 Employees who:
(a) are required
to work irregular shift work; and
(b) are being paid
double time for the ordinary time they work in accordance with subclause 19.30
of clause 19, Shift Work; and
(c) work overtime
which merges with the finishing time of the shift they are working
must be paid at the rate of double time for that
overtime.
Ten and eight hour breaks
21.8 Employees who
work periods of overtime between completing their ordinary work on one shift
and commencing it on the next shift are entitled to:
(a) a break of ten
consecutive hours when period(s) of overtime and associated travelling time
aggregate to four or more hours; or
(b) a break of
eight consecutive hours if the period of overtime and associated travelling
time is less than four hours and they return to their place of residence after
11.00 p.m.
The breaks commence from the time of return to their
normal place of residence.
Resuming work without a ten or eight hour break
21.9 If employees
resume or continue work without a ten or eight hour break, TransGrid must pay them
double time until released from duty.
They must then be absent until they have had a ten or eight hour break.
21.10 Employees must
be paid at ordinary rates for any working time which occurs during a ten or
eight hour break.
21.11 If employees are
required to continue to work during part of the period they would normally
stand down, TransGrid must pay these employees for the period of standdown not
taken at overtime rates.
21.12 Employees who
have returned home after working overtime during a rostered break are entitled
to the ten or eight hour break provision in respect of the period before
commencement of the next ordinary shift.
Time off between shifts
21.13 The rest period
off duty must not be less than eight consecutive hours for the purpose of
changing shift or shift rosters or where a shift is worked by arrangement
between employees themselves.
Shift workers called out - not on standby
21.14 Shift workers
must be paid double time for any overtime worked if they:
(a) have completed
their ordinary shift and returned home; and
(b) are notified
after leaving their place of work that they are required to work overtime; and
(c) start the
overtime two hours or more before the starting time of their next ordinary
shift; and
(d) continue to
work up to the starting time of that shift.
If the overtime finishes before the next ordinary shift
starts, the shift workers are to be paid double time for the overtime worked,
with a minimum payment equal to four hours at the appropriate overtime rate.
If the overtime commences less than two hours before
the commencing time of the next rostered shift, such overtime will be paid at
the appropriate overtime rate, provided that the overtime worked merges with
the commencing time of the next rostered shift.
If the overtime finishes before the next ordinary shift
starts, the shift workers are to be paid at the appropriate overtime rate for
the time worked, with a minimum payment equal to four hours at the appropriate
overtime rate.
Notified of overtime before leaving work
21.15 Shift workers
must be paid at the appropriate overtime rate for any overtime worked if they:
(a) are notified
before leaving their place of work; and
(b) commence a
period of overtime which does not merge with their current ordinary shift; and
(c) continue to
work up to the starting time of their next ordinary shift.
If the overtime finishes before the next ordinary shift
starts, shift workers are to be paid at the appropriate overtime rate for the
time worked with a minimum payment equal to four hours at the appropriate
overtime rate.
Twelve hour maximum
21.16 If shift workers
have to work overtime for four or more days due to a temporary shortage of
trained staff, TransGrid may arrange the overtime so that each normal shift
plus the overtime does not exceed a total of 12 hours.
21.17 Shift workers
are not entitled to be paid overtime rates if the cause of the work arises
from:
(a) the customary
rotation of shifts; or
(b) arrangements
between or at the request of the shift workers themselves.
22.
Meal Allowances on Overtime
When are meal allowances paid ?
22.1 Employees must
be paid allowances for meals as follows:
(a) Day Workers
Time
|
Amount of
Continuous Overtime
|
Allowance
|
|
|
$
|
Monday to Friday
|
1 hour 30 minutes
|
10.70
|
|
5 hours
|
21.40
|
|
9 hours
|
32.10
|
Non-working days
|
4 or more hours (during hours usually worked Monday to
Friday)
|
10.70
|
|
1 hour 30 minutes before or after ordinary hours
|
10.70
|
|
5 hours before or after ordinary hours
|
21.40
|
|
9 hours before or after ordinary hours
|
32.10
|
(b) Shift Workers
Type of Overtime
|
Amount of
Continuous Overtime
|
Allowance
|
|
|
$
|
Additional to rostered shift
|
1 hour 30 minutes
|
10.70
|
|
5 hours
|
21.40
|
|
9 hours
|
32.10
|
Worked on rostered day off
|
4 or more hours (during hours worked last rostered shift)
|
10.70
|
|
1 hour 30 minutes before or after ordinary hours
|
10.70
|
|
5 hours before or after ordinary hours
|
21.40
|
|
9 hours before or after ordinary hours
|
32.10
|
(c) An employee is
not entitled to more than three meal allowances for any one period of
continuous overtime.
(d) Employees must
be paid a meal allowance of $10.70 if they have prepared a meal in readiness
for working overtime which was cancelled at short notice.
Employees above salary point 35
22.2 Employees who
are above salary point 35 and who are not engaged on shift work are also
entitled to meal allowances under the same conditions as apply to day workers.
23. Meal Breaks - Day Work
23.1 Employees are
entitled to normal meal breaks on ordinary working days unless there is an
emergency.
23.2 Employees may
take meal breaks as they fall due or at some other time by arrangement with the
supervisor. However, employees must not
go without a meal break for more than five hours unless there is an emergency.
Disrupted meal breaks
23.3 Employees who are
unable to take all or part of their normal meal breaks meal break must be paid:
(a) overtime for
the untaken part of the meal break; and
(b) overtime rates
until such time the meal break is taken.
Overtime - Monday to Friday
23.4 Employees who
are required to work overtime for a continuous period either before their
ordinary commencing time or after their ordinary finishing time are allowed:
(a) leave as after
one hour 30 minutes - a meal break of 20 minutes
(b) after four
hours - a second meal break of 20 minutes, but only if the employees continue
the overtime for at least another hour
(c) after eight
hours - a third meal break of 20 minutes, but only if the employees continue
the overtime for at least another hour.
23.5 The meal break
must be paid at the appropriate overtime rate.
23.6 Employees may
take the first meal break:
(a) during
ordinary working hours without loss of pay, if the entitlement coincides with
the ordinary commencing time; or
(b) at the
commencement of the overtime or later by arrangement with the supervisor, if
the period of continuous overtime begins after the ordinary finishing time.
Overtime - Saturday, Sunday or public holiday
23.7 Employees who are
required to work for a period of continuous overtime on a Saturday, Sunday or
public holiday are entitled to:
(a) a meal break
of 20 minutes with pay only if they are working during what would be their
ordinary working hours and the overtime is for more than four continuous hours;
and/or
(b) meal breaks
with pay as set out in subclause 23.4.
Overtime - meal breaks count
23.8 Meal breaks
with pay allowed in connection with overtime are considered to be
overtime. They do not break continuity
and must be included in computing
the amount of overtime worked by employees.
Overtime - extension of meal breaks
23.9 Employees may
extend meal breaks during overtime up to one hour if the supervisor
agrees. The time in excess of 20
minutes is not paid.
24.
Higher Graded Work and Pay
Obligation to work in a higher grade
24.1 Employees must
carry out work at a higher grade as directed and must be paid in accordance
with the provisions of this clause.
Employees will not be compelled to work in a higher
grade, should they object to such work, if it is not reasonable or practicable
for them to do so.
Payment for higher graded work
24.2 Employees must
be paid higher grade pay if they are directed to carry out any higher graded
work for one hour or more in any one day or shift.
These employees must receive the salary specified of an
employee performing the particular class of work.
Employees who work at a higher grade for more than a
half day or shift must be paid the higher rate for all ordinary time worked during
the day or shift.
Aggregation
24.3 Any time spent
in another position equal to or higher than the grade of the position in which
employees are acting must be counted as having been spent in the position under
consideration in calculating whether the employees are entitled to higher grade
pay for the purposes of this clause.
Payment for leave, sick leave, etc.
24.4 Employees must
be paid higher grade pay during annual leave, paid sick leave or periods of
absence on accident pay if they have been paid the higher grade pay:
(a) for a
continuous period of three calendar months immediately
before the leave; or
(b) for broken
periods which total more than six months, during the 12 calendar months
immediately before the leave is taken.
24.5 No payments
will be made under this clause to employees on long service leave or for
payments for long service leave or retiring allowance.
24.6 Absences on
personal leave, sick leave or accident pay or the carrying out of lower graded
work that total not more than five working days or shifts during the three
months continuous period in paragraph (a) of subclause 24.4 are not considered
to break the continuity of the higher graded work.
24.7 If employees
qualify for higher grade pay for periods in accordance with subclause 24.4,
those periods must be taken as having been spent on higher graded duties in
calculating the rate applicable for continued higher graded duty or for
absences on annual leave, sick leave or accident pay.
Public holidays
24.8 Employees must
be paid the higher grade rate for any public holiday which occurs during a
period of work for which the employees are receiving higher grade pay.
24.9 Employees must
be paid higher grade pay for a public holiday if they receive that pay for any
part of the days preceding and following the public holiday.
Overtime
24.10 Employees who
are being paid a higher grade rate must be paid for overtime at that rate if:
(a) they have to work
outside their ordinary hours in their appointed grade, or in their acting
position, or in a grade between their appointed grade and their acting grade;
and
(b) they have been
carrying out the higher graded duties continuously for a period of one or more
working days or shifts immediately before the overtime.
24.11 Employees are
paid for overtime in their appointed grade at their appointed rate of pay if
the overtime:
(a) is performed
between payment of the higher grade pay ceasing and payment at the appointed
grade beginning; and
(b) is not
continuous with work for which higher grade pay is paid.
Lower graded work
24.12 Employees must:
(a) carry out
lower graded work that is temporarily required as directed; and
(b) be paid not
less than their current salary point.
Training in higher grade
24.13 Employees
undertaking training for the purpose of gaining experience higher grade in a
higher graded position must not be paid at the higher grade rate where:
(a) the appointed
occupant of the position remains on duty and retains the responsibilities of
the position; and
(b) the periods of
training do not exceed a continuous period of three months.
25.
Clothing and Tools
Basis of issue
25.1 TransGrid must issue
clothing or other articles if it considers them necessary for:
(a) protection
from injury
(b) protection in
wet or hot places
(c) protection
against materials which destroy or damage ordinary clothing
(d) protection
from weather
(e) identification
when dealing with the public.
25.2 TransGrid may
issue tools at its discretion.
Issue and replacement
25.3 TransGrid must
issue and replace clothing and tools
(a) in accordance
with the requirements of the Occupational
Health and Safety Act 2000 and other relevant legislation; or
(b) if the item is
unsuitable for the purposes for which it was issued; or
(c) if the item is
lost and the loss is accounted for satisfactorily.
25.4 An employee must
replace or pay for any item of clothing or tools lost or damaged through misuse
or negligence.
Responsibility
25.5 Employees are
responsible for:
(a) the proper
care of any clothing or other article issued; and
(b) the laundering
of clothing issued to them unless they are:
(i) engaged in or
exposed to the spraying of lead and/or silica paint
(ii) handling or
exposed to PCB's, asbestos or synthetic fibres or have their clothing
substantially soiled by transformer oil
(iii) exempted by
TransGrid.
Disposable clothing
25.6 Disposable
overalls may be supplied by TransGrid when using materials in subparagraphs (i)
and (ii) of paragraph (b) of subclause 25.5.
25.7 The employee
must wear any clothing or use any tools or articles issued:
(a) only in the
course of duty; and
(b) for the
purpose for which they are issued.
Wet weather clothing
25.8 An employee
must return upon request any wet weather clothing which is not issued
permanently.
26. Annual Leave
26.1 Employees are entitled
to the following amounts of annual leave after each 12 months' service:
(a) Day workers -
140 hours
(b) Shift workers
on seven day rotating roster - 140 hours plus:
(i) 35 hours
after 12 months on the roster; or
(ii) a
proportionate amount of 35 hours for periods less than 12 months on the roster
(c) Shift workers
on other than seven day rotating roster - 140 hours.
140 hours is the equivalent of four weeks' annual leave
and is not intended to reduce the entitlement to leave under the Annual Holidays Act 1944.
Public holidays falling within a period of leave
26.2 Annual leave
does not include public holidays.
Rate of pay
26.3 Annual leave is
paid as follows:
(a) Day worker -
full pay
(b) Shift worker -
(i) ordinary rate
of pay plus the employee's ordinary shift work penalty payments had the
employee not been on annual leave; or
(ii) ordinary rate
of pay if the roster loading under clause 19, Shift Work, is more than the
ordinary shift work penalty payments.
When can leave be taken?
26.4 By mutual
agreement, an employee may take annual leave in one, two or three separate
periods:
(a) on or after
its due date or as rostered; or
(b) before its due
date if approved:
(i) where a
rotating annual leave roster operates;
(ii) where there
are special circumstances
Use of annual leave for family care purposes
26.5 When an
employee takes annual leave for family care reasons, a period not exceeding
five days in any calendar year may be taken at time(s) agreed to by local management.
The number of "separate periods" may then be
increased in addition to the one, two or three separate periods in subclause
26.4.
26.6 If an employee
or TransGrid terminates his or her services for any reason, any amount paid for
annual leave which the employee has taken before its due date is an
overpayment. TransGrid may subtract the
amount of overpayment from any money payable to the employee on his or her
termination without affecting its rights to recover the overpayment through
court proceedings.
Notice of leave
26.7 Employees must
give notice that they intend to take annual leave as soon as practicable and at
least one month before the leave begins.
However, if TransGrid agrees that extenuating circumstances exist, annual
leave may be approved at shorter notice.
Leave on terminating service
26.8 If the service
of an employee is terminated for any reason, TransGrid must pay the employee or
the employee's personal legal representative:
(a) accrued annual
leave for completed years of service; and
(b) 8.3% of the
weekly rate of pay at the employee's appointed grade on termination for each
completed or part week of service, for the current leave accrual year.
27. Long Service Leave
What service counts?
27.1 In calculating
how much long service leave an employee is entitled to, TransGrid must include:
(a) actual service
with TransGrid
(b) periods of
annual and long service leave
(c) periods of
sick leave with or without pay
(d) periods of
approved leave with pay
(e) periods of
approved leave without pay not exceeding 20 consecutive working days or
equivalent hours of shifts
(f) periods of
approved leave without pay exceeding 20 consecutive working days or equivalent
hours of shifts which have been
specifically authorised to be counted as service
(g) periods of
absence for which workers' compensation payments are made
(h) periods of
service as an employee on probation
(i) periods
specified for certain employees under the Transferred
Officers Extended Leave Act 1961, as amended
(j) periods of
service with another employer where an agreement has been reached between
TransGrid and that employer
(k) in the case of
an employee transferred from Pacific Power, those periods served with an
employer immediately before transferring to Pacific Power which counted towards
long service entitlements if the employee transferred in accordance with the
provisions of Division I of Part VI of the Electricity
(Pacific Power) Act 1950, as
amended, or the Electricity Commission
(Balmain Electric Light Company Purchase)
Act 1950, or other relevant Acts
(l) in the case
of an employee whose service with TransGrid was terminated by resignation or by
discharge and who was re-employed, the previous period of service. By definition discharge means discharge as a
consequence of retrenchment, re-organisation or shortage of work or any reason
except dismissal or retirement on account of ill health
(m) in the case of
an employee whose service with TransGrid was terminated by dismissal and who
was re-employed and whose current period of service exceeds five years, the previous period of service.
Employees who have taken or been paid for long service
leave accrued in their previous period(s) of service and who are re-employed
will have those previous period(s) of service counted for qualifying purposes
only for future entitlements.
At what rate does leave accrue?
27.2 Long service
leave accrues as follows:
Length of Service
|
Amount of Leave
|
10 years
|
13 weeks
|
15 years
|
19.5 weeks
|
20 years
|
30.3333 weeks
|
Each year after 20
years
|
2.1666 weeks
|
It is not intended to reduce the entitlement to leave
under the Long Service Act 1955, as
amended.
Transferred employees with periods of service listed in
paragraphs (j) and (k) of subclause 27.1 must get an amount of long service
leave at least equal to that to which they would have been entitled if they had
not transferred. Any part of their
entitlement which they have received from their previous employer is deducted
from the total amount due from TransGrid.
27.3 The entitlement
for length of service in between any of the periods listed in subclause 27.2 is
worked out on a proportional basis.
How is leave paid?
27.4 Long service
leave is paid at the employee's appointed rate of pay at the time the leave is
taken. Upon termination of employment
with TransGrid, payment of the value of the long service leave is based on
completed weeks of service.
When can leave be taken?
27.5 Employees may clear
long service leave as it becomes due.
However, if the time of taking the leave would seriously inconvenience
TransGrid, then it must be postponed to a time on which both the employee and
TransGrid can agree.
27.6 An employee may
take long service leave:
(a) on full pay:
(i) in periods of
four weeks or more; or
(ii) with the
agreement of TransGrid in periods of not less than two weeks; or
(b) on half pay
only at a time suitable to TransGrid and at its discretion. If half pay is chosen, then the employee is
entitled to a period of absence twice the amount of entitlement.
27.7 Employees must
give TransGrid at least one month's notice before the date they intend to take
long service leave.
Public holidays falling during leave
27.8 Long service leave
does not include public holidays.
On leaving between five and ten years
27.9 If an employee
has completed at least five years' service as an adult (as defined in the Long Service Leave Legislation Amendment Act 2001), then the employee
is entitled to a proportional amount of long service leave equal to 1.3 weeks
for each year of total service (whether as an adult or not) if:
(a) TransGrid
terminates the service of the employee for any reason; or
(b) the employee
ceases work because of illness, incapacity or domestic or other pressing
necessity; or
(c) the employee
dies.
TransGrid must pay the employee (or the legal
representative in the case of death) a cash amount equivalent to the leave.
After ten years
27.10 If an employee has
completed on the termination of employment at least ten years' service which
entitles the employee to long service leave, then TransGrid must pay the
employee (or the legal representative in the case of death) a cash amount
equivalent to any untaken leave.
28.
Sick Leave and Accident Pay
When may employees be granted sick leave?
28.1 Employees may
be granted sick leave, either with or without pay, when they are absent from
work because:
(a) they are
personally ill or injured; or
(b) they visit a medical
practitioner for advice and/or treatment for actual or suspected personal
illness or injury and they comply with the regulations in subclauses 28.19 to
28.27.
28.2 Employees may
be granted sick leave with pay to care for or support any dependent child or
another immediate family member who is in need of care or support. The provisions of clause 29, Leave for
Family Care, apply.
When will sick leave not be granted?
28.3 Employees will
not be granted sick leave for any period that they are also in receipt of a
workers' compensation payment.
Employees will not be granted sick leave in excess of
one week on full pay per year when the personal illness or injury was caused or
substantially brought about by:
(a) the employees'
wilful act, misconduct or negligence; or
(b) participation
in a game involving risk of injury unless TransGrid accepts that the
participation is beneficial for the health and efficiency of the employee; or
(c) participation
in other employment.
Amount of sick leave
28.4
(a) The amount of
sick leave with pay which may be granted will be ascertained by crediting each
employee with the following periods:
Period
|
Leave on full pay -
|
Leave on half pay -
|
|
working days
|
working days
|
Upon completion of 3 months'
|
|
|
Service
|
12
|
12
|
Upon completion of 12 months'
|
|
|
Service
|
12
|
12
|
Upon completion of each
|
|
|
additional 12 months' service
|
12
|
12
|
These periods are cumulative. In crediting the above amounts after the completion of each year
of service, the minimum requirements of Chapter 2, Part 1, Division 2, Section
26, of the Industrial Relations Act
1996 will be taken into account.
(b) Employees
transferred from Pacific Power and who were previously transferred to Pacific
Power from the Commissioner of Railways are entitled to not less than the
amount of sick leave they would have received if they had not transferred.
(c) Employees
transferred from Pacific Power and who were previously transferred to Pacific
Power under the provisions of the Electricity
Commission Act 1950, as amended, retain their sick leave credits they had
at the date of transfer.
Calculation of entitlements
28.5 When
calculating the amount of sick leave with pay for which employees are eligible,
sick leave which has been granted at full and half pay respectively will be
deducted from the entitlements in subclause 28.4.
28.6 For each
employee, the number of days for which paid sick leave has already been granted
is calculated by the formula:
total hours paid sick leave taken x 5, divided by the
employee's ordinary weekly working hours.
Maximum period of leave
28.7 The maximum
period of continuous paid sick leave is ordinarily 52 weeks.
28.8 TransGrid may
approve additional sick leave with pay if:
(a) the employee
still has sick leave with pay outstanding after 52 weeks; or
(b) if all sick
leave with pay has been exhausted but TransGrid considers exceptional
circumstances exist, such as the employee's length of service.
Leave to count as service
28.9 Any period of
sick leave, with or without pay, or leave on accident pay that TransGrid
approves, counts as service.
Retirement - ill health
28.10 TransGrid may
retire employees on account of ill health, which makes employees unable now and
in the future to perform the duties of their appointed grade. TransGrid's Occupational Physician and/or
other medical practitioner, as agreed to by TransGrid and the Secretary of the
union concerned, must issue a certificate to this effect.
Retirement and sick leave
28.11 If TransGrid
decides to retire an employee because of ill health, either:
(a) the retirement
must begin only after the employee has exhausted all sick leave credits; or
(b) the employee
must be paid any accrued sick leave outstanding.
Employees will not be granted any additional sick leave
after TransGrid decides that they are to be retired because of ill health. When practicable, 14 days' notice of the intention
to retire will be given to the employees concerned.
28.12 Only employees
who are retired because of ill health are entitled to be paid for accrued sick
leave.
Sickness during long service leave and annual leave
28.13 If employees are
personally ill or injured during annual or long service leave and produce
appropriate medical evidence that they were unable to derive benefit from the
leave, they must be granted, if they so elect, annual leave to have the period
of illness or injury approved as sick leave:
(a) for periods of
one working day or more in the case of annual leave; or
(b) for a period
of at least five consecutive working days in the case of long service leave.
Public holidays during sick leave
28.14 A public holiday
will not be counted as sick leave for employees if:
(a) it occurs
during a period of absence on approved sick leave; and
(b) they would not
have been required to work on that day.
28.15 Shift workers
may elect to be paid at single time in substitution for sick leave if they:
(a) do not work a
shift for which they are rostered on a public holiday because of personal
illness or injury; and
(b) comply with
the provisions relating to the granting of sick leave; and
(c) notify
TransGrid of the impending absence before the shift begins; and
(d) submit an
acceptable medical certificate in accordance with subclauses 28.21 to 28.24.
Shift workers who make this election will not have
deductions made from their sick leave entitlements.
Infectious diseases
28.16 Employees may
elect to have a period of absence from work because of contact with a person
suffering from an infectious disease or restrictions imposed by law concerning
the disease either:
(a) treated as
sick leave; or
(b) deducted from
their annual leave.
Accident Pay
28.17 Accident pay is
an amount that would bring the workers' compensation up to the employee's
substantive salary for the weekly period in which it is paid.
28.18 Employees may be
granted accident pay for a maximum period of 52 weeks if they:
(a) have workers'
compensation approved; and
(b) comply with
subclauses 28.19 to 28.26.
However, where special circumstances exist, TransGrid
may discontinue accident pay at any time after receipt of such payment for a
period of 26 weeks.
Regulations
How to apply
28.19 Employees must
claim sick leave or accident pay on the appropriate forms.
Medical examination
28.20 If required by
TransGrid, employees must be examined by TransGrid's Occupational Physician as soon
as they are physically able.
Absence of more than three days
28.21 Employees must
submit a certificate from TransGrid's Occupational Physician or another medical
practitioner to cover all periods of absence for which the employees claim:
(a) sick leave,
with or without pay, exceeding three working days which are consecutive days;
or
(b) accident pay.
28.22 The medical
certificate must contain:
the name of the employee
the period the employee is likely to be unfit for work
the date of which the employee will be able to report
to
TransGrid's Occupational Physician
the date the employee first consulted a medical
practitioner or TransGrid's Occupational Physician
the medical practitioner's qualifications, name, address
and signature or the signature of TransGrid's Occupational Physician; and
the date of issue of the certificate.
28.23 If the
certificate does not include the nature or cause of the illness or injury,
TransGrid may refer the employee to a nominated medical practitioner for
examination.
28.24 Employees who
have applied to a medical practitioner for a medical certificate and are unable
to obtain such certificate must submit a statutory declaration containing:
the name and address of the medical practitioner
the date of the consultation; and
the reasons for not obtaining a certificate.
28.25 If TransGrid's
Occupational Physician certifies an employee as unfit for work, the employee
must obtain a medical certificate from another medical practitioner when
required by TransGrid's Occupational Physician.
28.26 Sick leave or
accident pay is paid to those employees only from the date on which they first
consulted a medical practitioner and obtained a medical certificate. They may also be paid for a period before
the consultation if the period does not exceed:
(a) three working
days which are consecutive; and
(b) two
non-working days; and
(c) any public
holiday; and
(d) any special
day off related to the working of a nine day fortnight.
Absences of three days or less
28.27 Employees must
be able to prove to the satisfaction of their controlling officers that they
were unable to attend for duty when claiming sick leave for three consecutive
working days or less.
Conversion of half pay
28.28 If employees
have any credits of sick leave on half pay, they may elect to draw on those
credits for a period of sick leave supported by a medical certificate to enable
them to be paid at full pay.
Disputed medical certificate
28.29 If TransGrid
disputes a medical certificate, a referee may be appointed who is a medical
practitioner agreed on by the employee and TransGrid. Any medical certificate issued by that referee must be accepted
by the employee and TransGrid as conclusive.
TransGrid must pay the fee if the referee decides in
favour of the employee and employees must pay the fee if the decision is
against them.
TransGrid must allow the employee to have leave with
pay for any medical examination by the referee.
28.30 Each employee
who is admitted to hospital must obtain a medical certificate stating:
(a) the date of
admission
(b) the nature of
the incapacity for work
(c) the
anticipated period of absence.
Employees must obtain a medical certificate for each
four weeks they are in hospital.
29.
Leave for Family Care
Purpose
29.1 To provide care
and support for persons who are ill and in need of an employee's personal care.
Types of leave
29.2 An employee may
apply for:
(a) sick leave
with pay, or
(b) annual leave;
or
(c) personal leave
without pay.
When applying for sick, annual or personal leave
without pay for family care purposes, employees shall, if required, establish
by production of a medical certificate or statutory declaration the illness of
the person in need of their personal care.
Note:
The taking of leave for family care applies in addition
to:
(a) the accrual of
five flexi days, rostered days off or special days off to attend to
family-related matters; and
(b) the provisions
of personal leave contained in TransGrid's Grid Standard.
Eligibility
29.3 To be eligible
to take leave for family care, the employee must be personally responsible for
the care or support of the person who is ill.
The person who is ill must be either any dependent
child or immediate family member including:
(a) the employee's
spouse or former spouse; or
(b) the employee's
de facto spouse or former de facto spouse who:
(i) is of the
opposite sex; and
(ii) lives with
the employee as the husband or wife on a bona fide domestic basis although not legally
married to the employee; or
(c) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(d) a child or an
adult child, including an adopted child, a step -child, a foster child or an ex
nuptial child, who is wholly or substantially dependent on the employee or in
need of care or support;
(e) a parent or
step-parent of the employee or of a spouse or former spouse of the employee,
including foster parent, legal guardian, authorised carer; or
(f) a grandparent
or step-grandparent of the employee or of a spouse or former spouse of the
employee; or
(g) a grandchild
or step-grandchild of the employee or of a spouse or former spouse of the
employee; or
(h) a sibling or
step-sibling of the employee or of a spouse or former spouse of the employee;
or
(i) 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.
29.4 In the event of
an employee’s:
(a) spouse or
former spouse; or
(b) de facto
spouse, who;
(i) is of the
opposite sex; and
(ii) lives with
the employee as the husband or wife on a bona fide domestic basis although not
legally married to the employee; or
(c) same sex
partner who lives with the employee as the de facto partner on a bona fide
domestic basis
becoming ill, leave for family care may also be
approved to care for or support the employee’s children:
(a) where no other
carer is available; or
(b) until
alternative arrangements are made.
Notify early
29.5 Additionally,
if practicable, the employee must give to TransGrid:
(a) notice prior
to the absence of the intention to take leave; and
(b) the name of
the person requiring care; and
(c) their
relationship to the employee; and
(d) the reasons
for taking such leave; and
(e) the estimated
period of absence.
If it is not practicable for the employee to give prior
notice of absence, the employee shall notify TransGrid by telephone of such
absence at the first opportunity on the day of absence.
Use of sick leave
29.6 An employee may
apply for sick leave with pay when sufficient sick leave exists to cover the
requested period of absence. The amount
of sick leave approved for such purposes for each employee will not exceed that
accrued during the current year and the three previous years.
Use of annual leave
29.7 Subject to the Annual Leave Act 1944, employees may
apply for annual leave:
(a) when they have
an annual leave credit to cover the requested period of absence; and
(b) for periods
not exceeding five days in any calendar year, at a time(s) agreed to by local
management. The number of "separate periods" of annual leave may be
increased beyond the one, two or three separate periods shown in clause 26,
Annual Leave.
Use of personal leave without pay
29.8 An employee may
apply for personal leave without pay.
Make-up time
29.9 Employees on
day work may, with the approval of TransGrid, work "make-up" time
under which they:
(a) take time off
during ordinary hours; and
(b) work those
hours at a later time during the spread of ordinary hours.
29.10 Employees on
shift work may, with the approval of TransGrid, work "make-up" time
under which they:
(a) take time off
during ordinary hours; and
(b) work those
hours at a later time at the shift work rate applicable to the hours taken off.
Time off for additional time worked
29.11 Employees may,
with the approval of TransGrid, take time off in lieu of payment for
overtime. Such time off must be:
(a) taken at a
time(s) agreed to by local management; and
(b) taken at the
ordinary time rate (i.e. an hour off for each hour worked).
30.
Standby and "On Call"
Who qualifies for standby?
30.1 Employees who
are required to be available for emergency and/or breakdown work at any time:
(a) are required
to remain in communication; and
(b) must be paid
standby allowance.
These employees are termed "approved
employees" and do not include those who have the allowance included in
their salary by agreement between TransGrid and the relevant union(s).
How much is standby allowance?
30.2 Standby
allowance is $105.00 per week.
The standby allowance is to be adjusted by the salary
increase to be paid in December 2002.
30.3 Standby work
includes:
(a) restoring continuity
of supply
(b) returning to
safe and proper operating condition any plant or equipment that has broken down
in service, or is likely to break down
(c) carrying out
urgent maintenance work that if not carried out an interruption to supply may
occur.
Work not included
30.4 Standby work
does not include:
(a) overtime that
was arranged before an employee's normal ceasing time; and/or
(b) work which
does not involve an emergency or breakdown situation.
Public holidays
30.5 Employees
required to be on standby on a public holiday have the option of either:
(a) having a day
added to their accrued annual leave entitlement; or
(b) being paid an
additional day's pay.
This payment is to be made in the week the public
holiday falls.
Standby availability
30.6 Employees
standing by:
(a) must not be
required to be constantly available beyond a period of four weeks if other
employees are available for these duties; and
(b) must have at
least one weekend, comprising two consecutive days, off duty in each four
weeks, without reduction in standby allowance if other employees are not
available.
Professional Officers - "on-call"
30.7 Professional
Officers who are "on-call" must be paid an allowance of $125.90 per
week.
The "on-call" allowance is to be adjusted by
the salary increase to be paid in December 2002.
Payment of overtime worked when called out - day workers
30.8 "Approved"
day workers who are called out and required to work overtime must be paid in
accordance with clause 20, Overtime - Day Work.
They must receive a minimum three hours' pay.
Payment of overtime worked when called out - shift workers
30.9 "Approved"
shift workers who are notified after leaving work must be paid in accordance
with clause 21, Overtime - Shift Work, if the overtime commences:
(a) two hours or
more before the ordinary commencing time:
(i) double time
when the overtime merges with rostered commencing time
(ii) double time, with
a minimum of three hours at single time, when the overtime does not merge with
rostered commencing time
(b) less than two
hours before the ordinary commencing time, the appropriate rate provided for in
clause 21, Overtime - Shift Work.
Additionally, in the case of non-merging overtime, the
appropriate rate in clause 21, Overtime - Shift Work, applies from the time of
commencing overtime to the time of commencing the next rostered shift.
31.
Working Away from Headquarters
Overnight absence from home
31.1 When employees
are transferred to a temporary headquarters and the period of temporary
transfer requires them to be absent from their usual place of residence
overnight, TransGrid must provide them with accommodation wherever practicable
at its own expense. For each night's
absence, employees must be paid an allowance of:
(i) $12.00 when
interstate; or
(ii) $9.65 when
intrastate.
31.2 Where
accommodation is not provided, employees may arrange their own accommodation,
in which case TransGrid will pay the following allowances:
(i) Capital
Cities
Australian Tax Office (ATO) reasonable allowance
amounts based on salary of $70,230.00 and below.
(Note these reasonable allowance amounts are set
annually by the ATO in the taxation ruling Income Tax: Reasonable Allowances
Amounts for the relevant income year).
(ii) Other than
Capital Cities
First night
|
$174.50
|
Each additional night
|
Relevant ATO reasonable allowance amount for High
|
|
Cost Country Centre, Tier 2 Country Centre or Other
|
|
Country Centre as per ATO ruling.
|
(The amount for "Other than Capital Cities - First
night" ($174.50) will remain unchanged until overtaken by the ATO
reasonable amount at some time in the future.
The amount for "Other than Capital Cities - First night" will
conform to ATO rates from then on.)
Employees' temporary accommodation must be as near as
practicable to their temporary headquarters.
The allowances shall be paid for three calendar months
only. For periods exceeding three
calendar months, other conditions as detailed in the Grid Standard will apply.
Where the cost of accommodation and meals whilst
working away from headquarters exceeds ATO reasonable allowances, TransGrid
will pay reasonable actuals.
Incidental expenses
31.3 Employees will
not be able to claim reimbursements for travel-related incidental expenses
unless the incidental expenditure exceeds $13.25 (the incidental component of
the ATO rate as amended).
31.4 The requirement
that employees must work at a temporary headquarters must, at an employee's
request, be terminated upon the employee completing a continuous period of 26
ordinary working weeks, including public holidays, at the temporary
headquarters.
If TransGrid grants approval, the period of an
employee's attachment to the temporary headquarters may be extended. The period of the extension must be treated
as temporary attachment for all purposes.
These provisions do not apply to periods worked at the temporary
headquarters, beyond 26 ordinary working weeks, to employees who do not request
the termination of such attachment.
Continuity of the 26 ordinary working weeks' period
shall not be considered to have been broken by periods of:
(a) annual and long
service leave
(b) sick leave
(c) accident leave
(d) personal leave
with or without pay
(e) temporary
transfers to other headquarters or return to own headquarters for periods not
exceeding four continuous working weeks, including public holidays.
Returning home after extended periods away
31.5 TransGrid must
allow employees who are away from headquarters for an extended period of time
to return home:
(a) daily or at
each weekend if the location of the temporary headquarters makes it
practicable; or
(b) every third
weekend if daily or weekend return is impractical. Travel between temporary headquarters and home other than the
first and last journeys must be in the employee's own time; or
(c) more
frequently if TransGrid considers it economical.
31.6 Employees
returning home from their temporary headquarters on approved weekend travel
must:
(a) do so by the
most economic and efficient form of transport which must be paid for by
TransGrid; and
(b) be paid a meal
allowance of $10.70 for each forward and return journey only if they have
worked the full ordinary hours at the temporary headquarters on the day of
travel.
32. Travelling Time and Fares
32.1 Employees are
required to travel to and from their usual place of residence and headquarters
once each ordinary working day or rostered shift. These trips are made at the employees' own expense.
Travelling - working at temporary headquarters & merging
overtime
32.2 Employees who
are required to travel in association with:
(a) work at a
temporary headquarters; and/or
(b) overtime which
merges with ordinary working hours
are entitled to be paid excess travelling time in
accordance with subclause 32.4.
Who can claim?
32.3 Only employees
at salary point 35 or below or employees who worked 40 ordinary hours per week
prior to 1 June 1979 can claim excess travelling time.
How is travelling time calculated?
32.4 An employee's
excess travelling time will be calculated by:
(a) deducting an
agreed normal time from the agreed standard time of a journey; and
(b) paying the
difference at 1.5 times the employee's normal hourly rate.
Normal Time
Will be the time taken to travel the distance from an employee's
usual place of residence to a point on a five km radius from the employee's
permanent headquarters based on a speed of 45 k.p.h.
Standard Time
(a) Locations
within Sydney or Newcastle Metropolitan Areas
Will be the reasonable distance travelled at a speed of
45 k.p.h.
(b) Other
Locations
Will be established by agreement between local
management and a local employee representative. (Where possible, the times set out in the Roads and Traffic
Authority's NSW Road Maps will be used.)
For locations on a transmission line, standard times
will be established by:
(i) dividing the
transmission line into a number of sections
(ii) recording the
time taken to reach the mid-point of each section
(iii) using this as
the standard time while working on this section.
If a journey takes substantially longer than the
standard time established under paragraphs (a) or (b) of this subclause due to
an accident or other exceptional circumstances, the employee may request and,
upon acceptance of the reason, be paid for the additional time taken for the
journey outside normal working hours.
Travelling - when requested to work non-merging overtime
after normal ceasing time
32.5 Employees who are
requested after their normal ceasing time to travel and to work non-merging
overtime are to be paid travelling time at the appropriate overtime rate from
the time of leaving their usual place of residence to the time of their return.
Travelling - when requested to work non-merging overtime
before normal ceasing time
32.6 Employees who:
(a) are requested
before their normal ceasing time to work non-merging overtime; and
(b) travel
directly from their place of work to another location to work overtime
are to be paid travelling time at the appropriate
overtime rate from the time of leaving their place of work to the time of
return to their usual place of residence.
32.7 Employees
cannot claim for any time spent travelling during ordinary working hours or
shifts.
Fares
32.8
(a) Employees who
work at a temporary headquarters are entitled to be paid for excess fares based
on $0.50 per km for associated travel.
(b) Employees who
work overtime merging with ordinary working hours are entitled to be reimbursed
for excess fares paid for associated travel.
(c) Employees who
work overtime not merging with ordinary working hours are entitled to be paid
for fares based on $0.50 per km for associated travel.
(d) Fares or
excess fares are not payable when transport is provided by TransGrid
(e) When
considered appropriate by local management, taxis may be used at TransGrid's
expense.
Higher grade
32.9 Travelling time
in connection with work for which an employee is receiving higher grade pay must
be paid at that higher grade rate.
33.
Grievance and Dispute Procedure
33.1 This award
recognises that employees' grievances should be resolved speedily and
effectively without recourse to industrial action. It is intended that most issues will be resolved informally
between employees and team leaders.
33.2 Employees'
work-related grievances are to be dealt with as follows:
(a) Employees or
union delegates who have a grievance on any issue shall firstly raise the
matter with their team leader(s).
(b) The team
leader(s) shall provide the necessary response as soon as possible but no later
than 24 hours following the grievance being raised.
(c) If an answer
cannot be given within 24 hours, a progress report will be given at that time.
(d) When the
grievance has not been resolved to the satisfaction of any party, the issue
will be referred to an industrial officer or, where there is no industrial
officer available, to another senior representative of management.
(e) The industrial
officer or management representative and union representative will, at the
earliest possible time following referral, convene a grievance meeting which
will attempt to resolve the matter.
The meeting should include:
Team leader representative
Management representative
Delegate or employee involved in grievance
Union official(s) or their representative.
(f) The grievance
will be discussed at the meeting with a view to achieving agreement or
resolution.
(g) If the matter
is not settled then either:
(i) it shall then
be referred to the Labor Council of New South Wales for their attention so as
to provide conferences of all parties with a view to reaching a solution; or
(ii) if agreement
cannot be reached on the matter through the foregoing procedure it may then be
submitted to the Industrial Relations Commission of New South Wales.
(h) Until the
matter is resolved in accordance with this procedure, except where a genuine
safety issue is involved, the conditions that applied prior to the disputed
change will remain, without interruption and prejudice to final settlement.
34.
Public Holidays and Picnic Day
Public holidays
34.1 The following
days are observed as public holidays:
(a) all proclaimed
holidays observed throughout New South Wales
(b) Picnic Day.
What is a day worker entitled to?
34.2 A day worker is
entitled to public holidays without loss of ordinary pay if the employee is not
absent without approval on the working day before and after the public holiday.
What is a shift worker entitled to?
34.3 Shift workers
are:
(a) paid for
public holidays in accordance with clause 19, Shift Work; and
(b) not entitled
to be paid if absent without approval when the shift worker's normally rostered
shift falls on a public holiday.
Are public holidays paid during a period of absence?
34.4 An employee who
is entitled to payment for a public holiday is paid holidays paid at single
time when the public holiday occurs during a period of:
(a) approved leave
without pay not exceeding 20 consecutive days or equivalent hours of shifts
(b) approved sick
leave without pay.
Picnic Day
34.5 Picnic Day will
be observed:
(a) on the last
Monday in November; or
(b) on a working
day to be determined mutually by local management and employees at each
location.
34.6 The conditions
for pay set out in subclauses 34.2, 34.3 and 34.4 apply to Picnic Day.
35.
Parental Leave
35.1 The provisions
of the Industrial Relations Act 1996
shall apply. Employees who are eligible
for maternity leave under the Industrial
Relations Act 1996 shall be entitled to receive up to nine weeks' paid
leave (or eighteen weeks at half pay) at their ordinary weekly salary.
36.
Miscellaneous
Union delegates
36.1 TransGrid
recognises that union delegates have a right to be treated fairly and perform
their role without any discrimination in employment.
Delegates are entitled to receive personal leave with
pay for trade union leave. It is
expected, however, that the leave would be kept to a minimum and that, on
average, not more than five days leave per year would need to be taken to:
(a) participate in
presentation of a union case before an industrial tribunal, or
(b) attend trade
union training courses, or
(c) attend annual
or bi-annual union conferences, or
(d) attend union
executive/committee of management meetings.
Holding of meetings on TransGrid's premises
36.2 Permission to
hold any meeting on any of TransGrid's premises must be requested by the
union(s) concerned.
Such a request must be made to the local Manager and
made:
(a) by the Secretary,
Executive Officer or accredited union representative of the union(s); and
(b) in writing
whenever practicable or verbally where there is not enough time; and
(c) within
reasonable time before the proposed meeting.
The request must include:
(a) the purpose of
the meeting; and
(b) the time and
place of the meeting; and
(c) the estimated
duration of the meeting.
Should a request for such a meeting be approved, the
mess room may be used within the time agreed upon by the Manager and the person
making the request.
Should a request for such a meeting not be approved,
the meeting must not be held on TransGrid's premises.
Unless approved, employees must not be paid for time
lost attending such meetings.
36.3 The right of
entry of a union officer conferred under Chapter 5, Part 7 of the Industrial Relations Act 1996 is not affected by the above
provisions.
36.4 Employees who
are required by legislation:
(a) to be members
of a professional body or registered authority; or
(b) to pay other
compulsory fees
in order to carry out the duties and functions of their
positions will have such fees paid or reimbursed by TransGrid. The compulsory fees referred to in paragraph
(b) of this subclause do not include those associated with basic trade or tertiary
qualifications.
Skills Development Programs
36.5
(a) Skills
development is an integral part of the aims of all parties to this award. TransGrid will assist employees to develop their
personal level of skills to enable them to choose agreed career paths within
the organisation.
(b) All Power
Workers and Tradespersons will have an agreed Skills Development Program.
(c) Each Power
Worker and Tradesperson will be provided access to the training identified in
their program where the training/skills are relevant to the business needs of
TransGrid.
(d) Power Workers
and Tradespersons who are requested by TransGrid to utilise skills which are
additional to their individual agreed Skills Development Programs are to be
advanced to the salary point applicable to the duties. This does not include circumstances
involving acting in a higher grade or carrying out duties associated with a
special project.
Power Workers responsible for a work team
36.6 Power Workers
who are required to be responsible for a work team are to be paid an additional
salary point for the period they are responsible for that team.
This provision does not apply to Tradespersons (A/C).
Working Party
36.7 It is agreed to
establish a Working Party to seek to formulate the following:
(a) Salary
progression, skills development and training for Trades, Non-trades staff and
Apprentices.
The Working Party will be required to meet within the
first two months after award ratification.
The working party will then meet quarterly as a minimum and provide
update reports on relevant issues to the Level 1 Consultative Committee.
Annual travel passes
36.8 Employees may request
TransGrid to pre-purchase annual rail, bus or ferry passes for daily journeys
to and from work.
If approved, TransGrid will pre-purchase annual travel
passes on behalf of employees, who must agree to repay TransGrid, by weekly
payroll deductions from their after-tax salary over one year, the cost of the
travel pass.
Employees must agree to comply with the conditions for
annual travel passes which are detailed in the relevant Grid Standard.
37.
Anti-Discrimination
(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 grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and carer’s responsibilities.
Further, the parties bound by this award also seek to
ensure and achieve equal remuneration for men and women doing work of equal or
comparable value.
(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. 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 operations, has a direct or indirect discriminatory
effect.
(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 complaint of unlawful discrimination or harassment.
(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
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(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.
Notes:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
M. J. WALTON J,
Vice-President.
___________________
Printed by
the authority of the Industrial Registrar.