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New South Wales Industrial Relations Commission
(Industrial Gazette)





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TRANSGRID EMPLOYEES AWARD 2002
  
Date09/20/2002
Volume336
Part3
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1415
CategoryAward
Award Code 1370  
Date Posted09/19/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1370)

SERIAL C1415

 

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.

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