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Western Sydney Buses Bus Operators' Transitway Enterprise (State) Award 2011
  
Date09/09/2011
Volume371
Part5
Page No.871
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C7624
CategoryAward
Award Code 1887  
Date Posted09/08/2011

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(1887)

(1887)

SERIAL C7624

 

Western Sydney Buses Bus Operators' Transitway Enterprise (State) Award 2011

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Western Sydney Buses Division of the Government Service.

 

(No. IRC 5 of 2011)

 

Before The Honourable Justice Backman

16 February 2011

 

AWARD

 

PART A

 

SECTION 1 - APPLICATION AND OPERATION OF AWARD

 

1.  Title

 

This Award shall be known as "Western Sydney Buses Bus Operators’ Transitway Enterprise (State) Award 2011" ("the Award").

 

2.  Arrangement

 

Clause No.       Subject Matter

 

PART A

 

SECTION 1 - APPLICATION AND OPERATION OF AWARD

 

1.        Title

2.        Arrangement

3.        No Extra Claims

4.        Parties Bound

5.        Area, Incidence and Duration

6.        Wage Increases  (Refer to Attachment "C")

7.        Salary and Wages

8.        Payment of Wages

9.        Hours of Work

10.      Rosters

11.      Cancellation of Rostered Days Off

12.      Meal Breaks

13.      Attending for Duty

14.      Attending Office

15.      Attending Court

16.      Jury Service

17.      Making Reports

18.      Overtime

19.      Broken Shifts

20.      Guarantee of Minimum Wages

21.      Casual Employees

22.      Sick Leave

23.      Annual Leave

24.      Long Service Leave

25.      Personal/Carer's Leave

26.      Anti Discrimination

27.      Parental Leave

28.      Dispute Settling Procedure

29.      Bus Operator and Trainee Bus Operator Duties

30.      Contract of Employment

31.      Probation Period

32.      Training

33.      Traineeships

34.      Uniforms

35.      Surpluses and Shortages

36.      Picnic Day

37.      Skills Competency

38.      Team Leaders

39.      Commitment to Consult

40.      Union Delegates

41.      Salary Sacrifice for Superannuation

42.      Temporary Employee

43.      Public Holidays

44.      Fatigue Management

45.      Maternity Leave

46.      Adoption Leave

47.      Assistance With Job Applications

48.      Training for Acting in Bot 1 and Bot 2 Duties

49.      Alcohol and Drug Testing

50.      OHS Training

51.      Wage Increases

 

ATTACHMENT A - MANAGEMENT OF SICK LEAVE

ATTACHMENT B - TRAINEE BUS OPERATOR AND BUS OPERATOR PART TIME HOURS OF WORK

ATTACHMENT C - WAGE RATES & ALLOWANCES

 

3.  No Extra Claims

 

The Union undertakes not to pursue any claims for the duration of the Award’s nominal life.

 

4.  Parties Bound

 

(a)      Western Sydney Buses ("the Employer"); and

 

(b)      Australian Rail, Tram and Bus Industry Union ("the Union").

 

5.  Area, Incidence and Duration

 

This Award shall operate from 16 February 2011 for a period of two years and shall apply to all Trainee Bus Operators, Bus Operators, Team Leaders and other employees employed by the Employer on and in association with the Liverpool - Parramatta Transitway Bus Route.

 

This award rescinds and replaces the Western Sydney Buses Bus Operators' Transitway Enterprise (State) Award 2008 published 31 October 2008 (366 I.G. 1110).

 

6.  Wage Increases  (Refer to Attachment "C")

 

7.  Salary and Wages

 

Employees engaged in the following classifications shall be paid the wage rates prescribed by Attachment C of this agreement.

 

1.        Trainee Bus Operator

 

2.        Bus Operator

 

3.        Team Leader

 

8.  Payment of Wages

 

The Employer shall deposit the employee's wages into the employee's financial institution on a fortnightly basis.

 

9.  Hours of Work

 

(a)

 

(i)       The ordinary hours of work shall be 38 hours divided into not more than five shifts and shall constitute the ordinary hours of duty of each weekly period, excluding Sunday.

 

(ii)      Hours greater than 38 and up to 40 hours a week shall be time counted towards authorised days off.

 

(b)      The ordinary hours of duty on any shift shall be not less than seven (7) hours and not more than twelve (12) hours in any twenty four (24) hour period.

 

(c)      No employee shall be rostered to begin a new shift without having been off duty for at least ten consecutive hours.  In cases of emergency this may be reduced to eight (8) hours in consultation with the employee’s representative.

 

(d)      Authorised days off (ADO’s) shall be accrued by working more than 38 hours in a week and up to and including 40 hours a week.  ADO’s shall be rostered in blocks of up to 5 consecutive days twice a year.  The remaining ADO’s accrued for the year shall be banked.  The banked ADO’s may be taken at the same time as annual leave is cleared (with no loading attached) or by other arrangement with the Employer.

 

(e)      Employees will be entitled to a shift allowance for time worked between 8 pm and 5 am at the rate of 15% of the hourly rate (Attachment C).

 

(f)       Saturday Work

 

Time worked on Saturdays shall be paid for at the rate of time and a half.

 

(g)      A "Shift Worker" means an employee who works regularly to a roster, which provides for work being performed during hours, which result in a shift work allowance entitlement.

 

10.  Rosters

 

(a)      All known duties to be performed by employees shall be rostered.

 

(b)      Employees Shall be Rostered Off on Two Clear Days in Each Rostered Week.

 

(c)      Employees shall sign off at the Depot at which they signed on unless an agreement to do otherwise is reached by the employees or their representatives and the employer.

 

(d)      Employees may exchange shifts by mutual arrangement between themselves and subject to approval of the employer.

 

(e)      Rosters shall be posted four days before coming into operation and shall be complete, except as provided in subclause (g) hereof.

 

(f)       In emergency cases, time permitting; the employer should consult with the employee representative on the need for the roster adjustment.

 

(g)      No alteration shall be made to the work of any employee except in cases of sickness, accident, failure for duty, or suspension from duty of an employee, attendance of an employee at Court, Coronial enquiry or leave for employees at short notice, unless the employee is notified of such alteration prior to attending duty on the shift preceding the one altered.  However, if an employee has two days off together, he/she may be advised of any alteration to his/her work on the first of his/her days off.

 

The provisions of this clause shall not apply in circumstances that could not be anticipated.

 

(h)      In the event of an employee applying for leave on a public holiday and such leave is granted, such employee shall not be required to work on such public holiday unless the employee representative and the employer agree otherwise.

 

(i)       Where an employee is rostered for duty and such rostered work does not allow a 10 hour break before attending for the next rostered shift, an employee will be entitled to be absent until the expiry of the 10 hour break without deduction of pay for ordinary time of duty for such absence, with the exception of subclause 9(c).

 

(j)       Except for emergency spare shifts the rostered work of all employees shall show the commencing, finishing and meal break times on all shifts.

 

a.        Straight shifts - Where practicable a minimum of three hours shall be performed on either portion before or after meal relief.

 

(k)      Copies of the base roster and all alterations thereto shall be supplied to the employee representative upon request.

 

(l)       Recovery time of a minimum of 6 minutes is to be rostered between in service timetabled journeys at Parramatta and Liverpool terminals. During this time bus operators are to check the bus for lost property.

 

(m)     Any complaint about the adequacy of recovery time shall be considered by the employee representative and the Employer and resolved amicably. Should the parties be unable to resolve the complaint after applying clause 28 Dispute Settling Procedure, the matter shall be referred to the Australian Industrial Relations Commission for determination.

 

11.  Cancellation of Rostered Days Off

 

(a)      Any employee required to work on his/her rostered day off shall do so unless prevented by ill health on the day concerned.

 

(b)      An employee cannot work more than 4 rostered days off in a four-week roster cycle.

 

(c)      Wherever practicable at least 12 hours notice of cancellation of a rostered day off shall be given. However, in order to meet unexpected emergencies or unforeseen circumstances, the employer may call upon employees to work without such notice.

 

(d)      Provided that 48 hours notice is given by the employer of cancellation of a rostered day off another day off may be given in the same working week. Should an employee not receive 48 hours' notice of the restoration of the day off cancelled, he/she shall be paid at the rate of time and a half.

 

(e)      When an employee works on his/her rostered day off and is not given another day off in lieu thereof in the same working week, the employee shall be paid at the rate of time and a half.

 

(f)       Upon an employee becoming aware that he/she is required to work on his/her rostered day off, he/she may apply for leave of absence on such day as if it were an ordinary working day, and if such leave be approved by the employer subclause (a) hereof shall not apply.

 

(g)      No employee shall absent himself/herself on any day merely because of having worked or being required to work on his/her rostered day off.

 

(h)      An employee who works on his/her rostered day off but is absent upon any other day in the same week without leave or without a reason for such absence accepted by the employer as reasonable, shall forfeit the applicable rates prescribed in this clause for working on a rostered day off.

 

(i)       Where at least 5 days notice is given of an alteration to rostered duty by which a rostered day off is changed, the penalty prescribed in subclause (d) hereof will not apply.

 

12.  Meal Breaks

 

(a)      Employees shall not be rostered to work for more than 5 hours without a meal break or crib.

 

(b)      A minimum of 40 minutes and a maximum of 60 minutes shall be rostered for an unpaid meal break.

 

(c)      The meal break may be reduced to a 30 minute unpaid break in the event of late running. If the same run is late for a period of three consecutive days or the same day over three consecutive weeks, schedulers will review and make the necessary adjustments.

 

(d)      Meal breaks shall be given where practicable in the order in which employees take up duty on the am shifts and in the order in which they finish duty on the pm shifts.

 

(e)      The employer shall attempt to provide meal breaks to employee where meal rooms are provided. Where an employee is rostered for a meal break where no meal room is available a meal allowance shall be provided. (Attachment C)

 

(f)       Crib breaks shall be taken in the employer's time and the minimum time to be rostered for crib shall be 30 minutes.

 

(g)      In the event of the time available for crib being reduced to less than 30 minutes, the employer shall, upon being notified of the fact by the employee concerned, arrange another crib time as early as practicable to ensure RTA regulations are met.

 

13.  Attending for Duty

 

(a)      An employee's start time shall be determined by the employer and time shall be calculated from when the employee signs on for his/her duties in the depot. The employee shall sign off at the end of the shift at the depot.

 

(b)      The employee shall be allowed sufficient preparation time immediately after signing on for the shift.

 

(c)      The employee shall be allowed sufficient time for required duties immediately prior to signing off.

 

(d)      By agreement between the employee and employer, employees may be permitted to sign off immediately after securing the bus at its final destination for the shift.  This is providing there are adequate arrangements in place for paying in notes and coins and securing any property of the Employer.

 

If the above provision is utilised the employee would be scheduled to complete the shift at the final destination.

 

(e)      By agreement between the employee and employer, employees may be permitted to sign on and commence duty at the terminal. This is providing there are adequate arrangements in place for collecting notes and coins and obtaining any property of the Employer that the employee may require during the shift. If the above provision is utilised the employee would be scheduled to commence the shift at the initial departure terminal.

 

(f)       An employee, who attends for duty in accordance with instructions and is not required, shall receive a minimum of five hours pay unless at least 12 hours notice was given to him/her personally that he/she was not required for duty.

 

(g)      An employee, who commences duty and is subsequently told that he/she is not required, shall receive a minimum of seven hours pay.

 

(h)      If an employee becomes unavailable or fails to attend for their rostered shift the employer may use a casual employee to work that shift.

 

(i)       All employees are required to wear the appropriate uniform supplied by the employer. All employees must be well presented at all times.

 

(j)       Sub-clauses (f) and (g) do not apply to casual and to part time employees.

 

14.  Attending Office

 

(a)      An employee, who is instructed to attend head office or elsewhere to answer complaints, furnish reports, supply statements or affidavits, or to submit to medical examination or eyesight or hearing tests (except in the case of an employee on leave on account of ill-health or injury), shall be paid for the time occupied at ordinary rates and reimbursed reasonable fares.

 

(b)      The provisions of this sub-clause do not apply to an employee attending to answer charges or reports of his/her own misconduct from which he/she is not subsequently exonerated, or to tender an explanation of failure to attend for duty.

 

(c)      Where the employee so attends and the distance travelled exceeds the distance from his/her place of residence to their depot or usual place of employment, travelling time at ordinary rates for the excess distance shall also be paid where the time is not otherwise paid for.

 

15.  Attending Court

 

An employee who has been notified to attend any court as a witness for or at the request of the Employer or at the Coroner's Court in his official capacity in respect of the death of a person resulting from an accident involving an Employer's vehicle shall be treated in respect of payment for time occupied as follows:

 

(a)      Unless the employee has previously started work for the day he/she is to be treated, for the purpose of payment, as signing on at the time he/she reports as directed to such place as he/she may be instructed.

 

(b)      All time occupied from signing on until signing off at his/her depot or being discharged by the officer in charge of the case (after contacting his/her depot manager) is to be treated for the purpose of payment as time worked and is to be paid for at the appropriate rate for the day.

 

(c)      When the employee would have been employed in a higher grade, but for attending Court, he/she is to be allowed payment for all time paid for under paragraph (b) above at the rate for such higher grade to the extent of the higher grade work lost on the day, during the period for which he/she is paid under paragraph (b) above.

 

(d)      Where the employee commences and/or finishes on the day at other than his/her home depot he/she is to be allowed any excess travelling time at single rate, and allowed payment for such time at the higher-grade rate if applicable.

 

(e)      Where employees who are no longer required at Court are directed to resume duty at their depot they are to be signed off not later than 9 hours after the time of reporting to such place as they may be instructed.

 

(f)       Where the employee is required to return to the Court after the meal recess, a meal break up to a maximum of 60 minutes is to be deducted and a meal allowance is to be paid. (Attachment C)

 

16.  Jury Service

 

(a)      The Employer shall pay the difference between the amount received from the court by the employee for their attendance and the employees rostered shift if the employee is required to attend for jury service

 

(b)      An employee shall notify the employer as soon as possible of the date that the employee is required to attend for jury service. Further, the employee shall give the Employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

(c)      If an employee reports for Jury Duty and is not required the employee shall report for duty at the employee's depot.

 

17.  Making Reports

 

(a)      An employee shall be allowed 15 minutes at single rates for making an accident report in his/her own time where this is essential, subject to the proviso that an employee, who is subsequently found guilty of neglect or fault, shall not be entitled to this payment.

 

(b)      Fifteen minutes shall be allowed for the completion of an accident report when the report is completed in the Employer's time.

 

(c)      An employee shall be allowed 5 minutes at ordinary rates for each report made in his/her own time concerning any other matter, except those of a disciplinary nature or those arising from neglect or fault of the employee. At the discretion of the depot manager this allowance may be extended to 15 minutes.

 

18.  Overtime

 

(a)      All time worked in excess of eight hours fifteen minutes in any shift; or

 

(b)      Time worked in excess of 40 hours in any week shall stand-alone and be paid for at the rate of time and a half. Payment for overtime shall be calculated upon whatever alternative gives the greater amount.

 

(c)      Sunday Work

 

(i)       An employee called upon to work on a Sunday shall be guaranteed and/or paid for not less than three (3) hours work at the rate of double time.

 

(ii)      Sunday work is to be treated as voluntary overtime.

 

(iii)      Notwithstanding anything provided elsewhere in this agreement, the Employer shall not be required to pay more than double time in respect of any work performed between midnight on Saturday and midnight on Sunday.

 

(d)      Voluntary Overtime

 

(i)       The Employer is able to utilise all employees on voluntary overtime.

 

(ii)      Permanent full time employees shall be offered the first opportunity to register and perform voluntary overtime.

 

(iii)      Where practicable, providing all permanent full time employees have been afforded the opportunity to register and perform voluntary overtime, permanent part time employees shall be afforded the opportunity to register and perform voluntary overtime.

 

(iv)     Where practicable, providing all permanent full time employees and permanent part time employees have been afforded the opportunity to register and perform voluntary overtime, casual employees shall be afforded the opportunity to register and perform voluntary overtime.

 

(v)      Voluntary overtime other than that performed on a Sunday shall be paid at the rate of time and a half.

 

19.  Broken Shifts

 

A broken shift is one in which there is a break other than for meal break in the employee’s work after signing on and before finally signing off and for which he/she is not paid

 

A Bus Operator who is rostered for a broken shift and reports in accordance with the roster or is instructed to report for either portion of the broken shift and does so report, shall be paid a minimum of three and a half hours for either portion of the shift or the period for which rostered, whichever be the greater provided that he/she shall be entitled to a minimum payment of seven hours for the whole of the shift.

 

The maximum spread of hours on any broken shift shall be 12.

 

Broken shifts - Where practicable a minimum of three hours shall be performed on either portion of such shifts with no break without pay in a day’s duty to be less than two hours.

 

All time worked on a broken shift on Mondays to Fridays after a spread of 9.5 hours shall be paid at the following rates:

 

Between a spread of 9.5 and 10.5 hours

time and a half;

After 10.5 hours

double time.

 

All time worked on a broken shift on Saturdays and public holidays shall be paid at the rate of double time.

 

For all time on duty between the hours of 8.00 pm and 5.00 am (other than on Saturdays, Sundays and public holidays) employees, except those employed on broken shifts, shall be paid 15% more than their ordinary rates.

 

Rostered work for the purpose of this sub-clause means work shown on the roster at least 48 hours prior to the employee attending to commence duty.

 

Employees working broken shifts shall not be provided with time for a meal break.

 

No employee shall be called upon to work a broken shift on a Sunday. 

 

20.  Guarantee of Minimum Wages

 

(a)      Subject to the provisions of this clause, an employee shall be entitled to a minimum payment of 38 hours per week exclusive of penalty allowances.

 

(b)      Where through absence from duty on any day or part thereof time short of the standard hours of employment per week is worked, payment shall be reduced by the amount of the lost time only.

 

(c)      Nothing in this clause shall affect the right of the Employer to deduct payment for any day or shift that an employee cannot be usefully employed because of any strike or through any stoppage of work by any cause for which the Employer cannot reasonably be held responsible, or because of the failure of the employee to perform any work allotted to or available for them during such period of strike or stoppage of work.

 

21.  Casual Employees

 

(a)      A casual employee shall mean an employee engaged on a daily basis.

 

(b)      All casual employees shall be paid at the applicable rate provided for in Part B Table 1 in addition to a 20% casual loading.

 

22.  Sick Leave

 

(a)      All employees, excluding casual employees, with more than three (3) months continuous service with the Employer, shall be entitled to a maximum of eight (8) cumulative sick days per year, without loss of pay, where the employee is unable to attend for duty as a result of personal illness or incapacity (excluding any illness or injury resulting from the Worker's Compensation Act 1997) subject to the following:

 

(i)       The employee shall provide the Employer with as much notice as reasonably possible of their inability to work a rostered shift.

 

(ii)      The employee shall provide the Employer with medical certificates within three (3) calendar days of the first day of absence, whether they have returned to work or not. For longer-term absences, the employee shall continue to supply medical certificates within three (3) calendar days of expiration of the previous certificate.

 

(iii)      The employee will inform the Employer by 3.00 pm the day before of their intention to return to work.

 

(b)      Employees entitled to sick leave shall be paid at the daily rate provided for in Table 1 - Salary and Wage Rates, of Attachment B of this agreement for full day absences or the pro rata hourly rate as provided in the same table for part day absences. The procedures for managing sick leave are documented in Attachment A of this agreement.

 

(c)      Sick leave taken by an employee under 22(a) is deducted from the amount of personal/carers leave allocated under clause 25.4

 

23.  Annual Leave

 

(a)      Refer to the New South Wales Annual Holidays Act 1944 ("the Act").

 

(b)      In addition to the provisions of the Act the following shall also apply:

 

(i)       Shift workers shall be entitled to 25 days annual leave per year. Non-shift workers shall be entitled to 20 days annual leave per year.

 

(ii)      An employee, at the time of his/her entering upon a period of annual leave, in accordance with the said Act, shall be entitled to an additional payment calculated on the basis of 20 per cent of the holiday pay for that period of annual leave. Should circumstances arise where an employee has received an annual leave loading to which he/she is not entitled, then such payment shall be deducted from any monies due at termination.

 

(iii)      The Employer will not accept the transfer of accrued Annual Leave entitlements of employees that are engaged from other Public Sector agencies or utilities.

 

24.  Long Service Leave

 

(a)      Long Service Leave will accrue as per the provisions of Schedule 5 of the Transport Administration Act 1988 (NSW).

 

(b)      Employees of Western Sydney Buses are entitled to access Long Service Leave at a minimum period of one day.

 

(c)      Employees applying to clear Long Service Leave for periods of one week or longer should wherever possible make application one month prior to the date of clearance. Applications for Long Service Leave to be cleared as an emergency can be made with 24 hours notice.

 

(d)      Western Sydney Buses will allocate leave availability to one person per day per 4 weekly period roster.  If two employees apply for long service leave for the same time period the leave will be granted to the employee who had applied first. The Depot Manager may approve leave for more than one person in a time period if the staff situation allows.

 

25.  Personal/Carers Leave

 

Personal Leave

 

25.1    Personal leave consists of the following three types of leave:

 

(a)      sick leave;

 

(b)      carer’s leave; and

 

(c)      compassionate/bereavement leave

 

25.2    All employees, other than casual employees, will be entitled to Personal Leave in accordance with this clause.

 

25.3    For the purpose of this clause:

 

Immediate family means:

 

spouse (including a former spouse, a de facto spouse and a former de factor spouse) of the employee. A de facto spouse, in relation to a person, means a person of the same or opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person or on a bona fide domestic basis although not legally married to that person; and

 

child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

 

Year means:

 

the period of twelve months from 1 January to 31 December inclusive.

 

25.4    Accumulated paid sick leave means:

 

paid sick leave, which accrued to an employee’s credit in any previous calendar year, which has not been cleared by the employee as paid sick leave.

 

Current paid sick leave means:

 

paid sick leave, which has accrued to an employee’s credit in the current calendar year, which has not been cleared by the employee as paid sick leave.

 

Paid Sick Leave

 

Employees are entitled to eight days paid sick leave per year (Clause 22)

 

Paid sick leave will be credited on a pro rata basis in the first year of service.

 

Sick leave not used in any year shall accumulate.

 

25.5    Carer’s Leave

 

Subject to an employee having sufficient paid sick leave available, employees are entitled to use up to a maximum of five days paid carer’s leave per Year.

 

Paid carer’s leave is deducted from paid sick leave.

 

The entitlement to use up to a maximum of five days per year, paid sick leave, as paid carer’s leave, does not accumulate from year to year.

 

An employee may elect, with the consent of the employer, to take unpaid leave as carer’s leave.

 

Paid and unpaid carer’s leave may be taken for part of a single day.

 

An employee’s entitlement to use paid or unpaid carer’s leave is subject to the following:

 

(a)      the employee having responsibilities in relation to either members of their immediate family or household who need their care and support when they are ill; and

 

(b)      the employee being responsible for the care of the person concerned.

 

(c)      The employee must establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

 

In normal circumstances an employee must not take carer’s leave under this clause where another person has taken leave to care for the same person.

 

The employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

25.6    Compassionate/Bereavement Leave

 

An employee is entitled to up to two (2) days paid leave on each occasion a member of the employee’s immediate family or household dies.

 

Proof of death must be provided to the satisfaction of the employer, if required.

 

26.  Anti Discrimination

 

(a)      It is the intention of the parties bound by this agreement to seek to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

27.  Parental Leave

 

An employee is entitled to parental leave in accordance with this clause and with Western Sydney Buses Parenting Leave Procedures.

 

(a)      An employee who is not eligible for maternity leave or adoption leave may, in special circumstances, be granted parental leave to care for a child who is under two (2) years of age at the time the leave commences.

 

(b)      An employee who has completed forty (40) weeks continuous service prior to making application, and who has provided satisfactory evidence of being the primary carer for the child, is eligible for parental leave.

 

(c)      Parental Leave is for a period of not more than fifty-two (52) weeks from the date the leave commenced.

 

(d)      Parental Leave is unpaid leave, and can consist of solely parental leave (unpaid), or a combination of parental, annual and/or long service leave, if the employee has accrued such leave.

 

(e)      An employee taking parental leave must exhaust all accrued annual leave entitlements as part of parental leave.

 

(f)       An employee must not unreasonably withhold notice of intention to apply for parental leave.

 

(g)      An employee is entitled to return from parental leave to the position held immediately prior to going on parental leave if that position still exists. But if the employee’s position has ceased to exist during the period of parental leave, the employee will return from parental leave as a Displaced Officer and will be subject to the State Transit Authority Displaced Officer Policies.

 

28.  Dispute Settling Procedure

 

Any dispute between employees, the Union and Employer shall be settled by following the steps outlined below. The Australian Workplace Relations Act, 1996, specifies that normal work must continue while these procedures are being followed.  If a health or safety risk is present, the OHS&R Officer should be notified for appropriate assessment and action.

 

Step 1: Employees or the employees’ representative should contact the Liverpool - Parramatta Transitway Manager in the first instance. The Liverpool - Parramatta Transitway Manager must commence to deal with the dispute as quickly as possible.

 

Step 2: If the dispute is unresolved, the employee and/or the employees’ representative must approach the designated Manager, Western Sydney Buses to resolve the dispute.

 

Step 3: If the matter remains unresolved, the Employer or the union/s are to refer the dispute to the Unions NSW (advice to be provided to other party) following which a 72 hours cooling off period is to take place, to enable Unions NSW to assist in the resolution of the dispute. The 72 hours does not include weekends and public holidays.

 

Step 4: Referral to the New South Wales Industrial Relations Commission (NSWIRC)

 

If, following action under steps 1 to 3, the dispute remains unresolved; any party to the dispute may refer the dispute to the New South Wales Industrial Relations Commission (NSWIRC) for conciliation and /or arbitration as per Chapter 3, Part 1, ss 130 to 136 inclusive of the Act or its successor.

 

29.  Bus Operator and Trainee Bus Operator Duties

 

Where required by the Employer, an employee's duties shall include minor repairs such as changing tail lights and each bus operator shall be ready willing and able to perform minor road side repairs.

 

All employees may be required to perform other incidental duties that shall include but not be limited to the cleaning and washing of buses.

 

30.  Contract of Employment

 

In the case of full time and part time employees, the contract of employment may be terminated by either the Employer or the employee pursuant to the following table. Such notice shall not apply where the employee is terminated for misconduct.

 

Where termination is initiated by the Employer, the employer must give the employee notice in accordance with the following table:

 

Employee’s Period of Continuous Service with the Employer

Period of Notice

Not more than one year

At least one week

More than one year but not more than 3 years

At least 2 weeks

More than 3 years but not more than 5 years

At least 3 weeks

More than 5 years

At least 4 weeks

 

31.  Probation Period

 

All new employees, where applicable, shall serve a three (3) month probation period. At the completion of the probation period the employee shall be informed of their current employment status.

 

32.  Training

 

All employees will receive the required level of training to perform their duties competently. All training will be paid for at single time.

 

33.  Traineeships

 

(a)      Traineeships pursuant to the Apprenticeship and Traineeship Act 2001 (the Act) may be offered by the Employer.

 

(b)      Trainees pursuant to the Act shall be trained in all modules to a level of competency required to obtain a Certificate III Transport and Distribution (Road Transport) qualification.

 

(c)      Employees who qualify for a Traineeship pursuant to the Act shall commence at the Trainee Bus Operator rate of pay specified in Attachment C. Subject to satisfactory completion of relevant competencies to be undertaken in the first twelve months of the Traineeship, an employee engaged under a Traineeship will progress to the rate of pay of Bus Operator after twelve months full time service or part time equivalent. 

 

(d)      Where an employee at the time of commencement with the employer holds all relevant units of competency, which fulfil the employer’s requirements from the Road Transport Training Package, the employee shall commence at the rate of pay of Bus Operator as specified in Attachment C.

 

(e)      Where an employee at the time of commencement with the employer holds less than the total number of required relevant competency units from the Road Transport Training Package, the employer will recognise any relevant competencies held.  Such employees shall be afforded accelerated advancement to the rate of pay of Bus Operator specified in Attachment C, proportionate to the number of recognised relevant competencies held.

 

(f)       Where an employee with previous recent service with the State Transit Authority Division of the New South Wales Government Service as a Bus Operator Level 2 or higher, commences employment with the employer, the employee shall commence at the rate of pay of Bus Operator specified in Attachment C.  Recent service shall be taken to mean service with the State Transit Authority Division of the New South Wales Government Service within a twelve month period immediately prior to the commencement of employment with the employer.

 

34.  Uniforms

 

(a)      All employees are required to wear a uniform. The uniform will remain the property of the Employer and it shall be the duty of the employee to retain it in reasonable condition.

 

(b)      Uniforms will be provided by the Employer and will be replaced on a fair wear and tear basis.

 

35.  Surpluses and Shortages

 

(a)      Employees shall be required to collect revenue during each driving shift and pay in all revenues at the completion of the shift.

 

(b)      All shortages for which there is no satisfactory explanation to the employer are to be met by the employee.

 

36.  Picnic Day

 

(a)      Where reasonably practicable an employee shall be granted a day's leave, without deduction of pay, each calendar year to attend an approved picnic. Such employee if required by the Employer to work on this day shall be granted a day's leave, without deduction of pay, in lieu thereof.

 

37.  Skills Competency

 

(a)      The Employer may direct an employee to carry out such duties where practical within the limits of the employee's skill, competence and training consistent with the classification structure of this agreement provided that such duties are not designed to promote deskilling.

 

(b)      The aim of this clause is to maximize the flexibility of the Employer's workforce and to eliminate classification demarcation issues.

 

(c)      Any direction issued by the Employer shall be consistent with the Employer's responsibilities to provide a safe and healthy working environment.

 

(d)      The parties will create a genuine career path for employees that allow advancement, based on industry accreditation and access to training.

 

38.  Team Leaders

 

A Team Leader is a bus operator who is engaged to carry out the following duties as required but limited to:

 

(a)      Act as Liverpool - Parramatta Transitway Manager as required.

 

(b)      Provide support to Liverpool - Parramatta Transitway Manager.

 

(c)      Perform yard duties.

 

(d)      Provide training support to employees.

 

39.  Commitment to Consult

 

The Employer is committed to consulting with its' employees regarding change, Occupational Health and Safety and the operation of the business.

 

40.  Union Delegates

 

(a)      The Employer will allow reasonable access to a telephone, facsimile, postal, photocopying, e-mail and internet facilities for the purpose of carrying out work as a delegate and consulting with new employees and other workplace colleagues and the union in accordance with this provision for the purpose of ensuring the compliance with, understanding of, and the proper operation of, this agreement.  It is noted that such access will remain within reasonable limits.

 

(b)      The Employer provides the above facilities (including access by a delegate to members or potential members) on the basis that they are reasonable and do not unduly interfere with the delegate’s primary duties as an employee of the Employer.

 

41.  Salary Sacrifice for Superannuation

 

(a)      Notwithstanding the wage rates prescribed by Attachment 2 of this Agreement, an employee may elect, subject to there being no garnishee, Family Law Court or other Court Order applying to and affecting the employee's wage, to sacrifice a portion of the wage payable under this Agreement, 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 fifty (50) per cent of the wage payable under this Agreement or fifty (50) per cent of the currently applicable "superannuable salary", whichever is the lesser. In this Clause, "superannuable salary" means the employee's salary as required to be notified to the New South Wales public sector superannuation trustee corporations.

 

(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)      any allowance, penalty rate, payment for unused leave entitlements, weekly workers' compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Agreement or any other applicable\certified Agreement, Act or Statute which is expressed to be determined by reference to an employee's salary, shall be calculated by reference to the salary which would have applied to the employee under Attachment 2 of this Agreement in the absence of any salary sacrifice to superannuation made under this Agreement.

 

(c)      The employee may elect to have the portion of payable salary, which is sacrificed to additional Employer superannuation contributions:

 

(i)       paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional Employer contributions; or

 

(ii)      subject to the agreement of the Employer and any relevant policy of the Employer, which may operate from time to time, paid into a private sector complying superannuation scheme as Employer superannuation contributions.

 

(d)      Where an employee elects to salary sacrifice in terms of sub-clause (c) above, the Employer will pay the sacrificed amount into the relevant superannuation fund.

 

(e)      Where the employee is a member of a superannuation scheme established under the:

 

(i)       Superannuation Act 1916;

 

(ii)      State Authorities Superannuation Act 1987;

 

(iii)      State Authorities Non-contributory Superannuation Act 1987; or

 

(iv)     First State Superannuation Act 1992

 

the employer must ensure that the amount of any additional Employer superannuation contributions specified in sub-clause (a) above is included in the employee's superannuable salary, which is notified to the New South Wales Public Sector Superannuation Trustee Corporations.

 

(f)       Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with the Employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause (d) above, the Employer will continue to base contributions to that fund on the salary payable under Attachment 2 to the same extent as applied before the employee sacrificed a portion of that salary to superannuation. This clause applies even though the superannuation contributions made by the Employer may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

42.  Temporary Employee

 

(a)      A Temporary Employee is an Employee, not being a full time, permanent part time or casual employee, who is employed for a project with a set period of time or to replace employees who are absent for a period of greater than one month.

 

(b)      The ordinary hours of a full time temporary employee shall be the same as for a full time employee.

 

(c)      The ordinary hours for a part time temporary employee shall not be less than 3 hours per day and may not exceed 38 hours per week.

 

(d)      A temporary full time employee who attends for duty in accordance with instructions and is not required shall receive a minimum of five hours' pay unless at least twelve hours' notice was given to them personally that they were not required for duty.

 

(e)      A temporary full time employee who commences duty and is subsequently told that they are not required shall receive a minimum of seven hours pay.

 

(f)       A temporary part time employee who attends for duty in accordance with instructions and is not required for duty on that day shall receive a minimum of three hours pay or 5/9ths of the total shift, whichever is the greater.

 

(g)      A temporary part time employee who commences duty in accordance with instructions and is not required shall receive a minimum of three hours pay or 7/9ths of the total shift, whichever is the greater.

 

(h)      Where the Employer intends to employ a temporary employee the Employer shall duly notify the employee representative.

 

43.  Public Holidays

 

(a)      A full time or part time employee under this Agreement is entitled to Public Holidays without loss of pay as Gazetted from time to time by the New South Wales Government.

 

(b)      With the exception of Easter Saturday all work performed on Public Holidays, including work performed by casual employees, the rate of time and a half shall apply in addition to a payment of 7 hours and 36 minutes in lieu of the public holiday.

 

(c)      Employees, including casual employees, performing work on Easter Saturday shall be paid at the rate of double time for ordinary hours worked in addition to a payment of 7 hours and 36 minutes in lieu of the public holiday.

 

(d)      A part time or casual employee engaged on any public holiday, including Easter Saturday, for a shift length of less than 7 hours and 36 minutes shall receive a payment in lieu of the Public Holiday proportionate to the length of the shift performed.

 

(e)      Where an employee is absent from duty on the working day before and the working day after a Public Holiday without medical certification or without the consent of the Employer, the employee shall not be entitled to payment for such holiday.

 

44.  Fatigue Management

 

(a)      Fatigue management principles apply to all employees covered by this agreement.

 

(b)      No employee will be rostered in excess of Award Conditions and will not be permitted to work more than twelve hours in a 24- hour period.

 

(c)      An employee must have total of 12 hours rest in a 24-hour period, of which 10 hours must be consecutive between shifts.

 

(d)      No employee will work more than 24 days in a twenty-eight day period.

 

(e)      No employee will work more than twelve (12) days straight.

 

(f)       A 24-hour period commences from the time of the first sign on.

 

(g)      No employee will work or be required to work more than five hours straight without a break.

 

45.  Maternity Leave

 

45.1    A female employee is entitled to paid maternity leave in accordance with this clause and with State Transit’s Parental Leave Policy.

 

45.2    An employee who has, or will have, completed 40 weeks continuous service before the expected date of birth, is entitled to paid maternity leave.

 

45.3    Maternity leave is a period of not more than 4 weeks prior to the expected date of birth and not more than 52 weeks after the actual date of birth.

 

45.4    An employee is entitled to a maximum of 9 weeks paid maternity leave at the base rate. The paid leave can be taken:

 

in a lump sum payment at the commencement of maternity leave or;

 

as full pay on a fortnightly basis while on maternity leave or;

 

as half pay on a fortnightly basis while on maternity leave or;

 

in any combination of the above options.

 

45.5    Separate from paid maternity leave, an employee may be paid accrued annual and/or long service leave as part of the maternity leave period.

 

45.5.1 The accrued annual leave can be taken:

 

(a)      in a lump sum payment at the commencement of maternity leave or

 

(b)      as full pay while on maternity leave or;

 

45.5.2 The accrued long service leave can be taken:

 

(a)      in a lump sum payment at the commencement of maternity leave or

 

(b)      as full pay while on maternity leave or;

 

(c)      as half pay while on maternity leave or;

 

45.6    Long service leave may be cleared in any combination of the above options.

 

45.7    An employee who takes maternity leave must take any accrued annual leave entitlements in excess of 40 days as part of maternity leave.

 

45.8    Once all entitlements to pay have been exhausted, the balance of maternity leave will be unpaid.

 

45.9    An employee must not unreasonably withhold notice of her intention to apply for maternity leave.

 

45.10   An employee is entitled to return from maternity leave to the position held immediately prior to going on maternity leave, if that position still exists, but if the employee’s position has ceased to exist during the period of maternity leave, the employee will return from maternity leave as a Displaced Officer and will be subject to the State Transit Displaced Officer Policy.

 

45.11   An employee may be granted an extension to maternity leave beyond 52 weeks from the date of birth, but an employee who returns to work after an extension of maternity leave beyond the 52 weeks from the date of birth will be treated as a displaced officer and will be subject to the State Transit Displaced Officer Policy. Note; any employee taking extended Maternity leave will be required to clear accumulated Annual leave prior to commencing extended maternity leave.

 

45.12   If an employee requests part-time work on return from maternity leave, State Transit will, where this is practical, provide part-time employment for the employee.

 

45.13   If an employee requests a job share arrangement on return from maternity leave, State Transit will, where practical, provide a job share arrangement for the employee.

 

46.  Adoption Leave

 

46.1    Employees are entitled to paid adoption leave in accordance with this clause and with State Transit’s adoption leave policy.

 

46.2    An employee who has, or will have, completed 40 weeks continuous service before the expected date of birth, is entitled to paid adoption leave.

 

46.3    Adoption Leave is a period of not more than 52 weeks after the actual date that the employee takes custody of the child.

 

46.4    Employees will be entitled to a maximum of 9 weeks paid adoption leave at the base rate. The paid leave can be taken:

 

(a)      in a lump sum payment at the commencement of adoption leave or;

 

(b)      as full pay on a fortnightly basis whilst on adoption leave or;

 

(c)      as any combination of the above options.

 

46.5    Separate from paid adoption leave, an employee may be paid accrued annual and/or long service leave as part of the adoption leave period. The accrued annual leave and long service leave can be taken:

 

46.5.1 The accrued annual leave can be taken:

 

(a)      in a lump sum payment at the commencement of adoption leave or

 

(b)      as full pay while on adoption leave

 

46.5.2 The accrued long service leave can be taken:

 

(a)      in a lump sum payment at the commencement of adoption leave or

 

(b)      as full pay while on adoption leave or;

 

(c)      as half pay while on adoption leave or;

 

46.6    Long service leave can be cleared in any combination of the above options.

 

46.7    Employees taking adoption leave must clear any accrued annual leave entitlements in excess of 40 days as part of their adoption leave.

 

46.8    Once all entitlements to pay have been exhausted the balance of adoption leave will be unpaid.

 

46.9    Employees will not unreasonably withhold notice of their intention to apply for adoption leave.

 

46.10   Employees will return from adoption leave to the position they held immediately prior to going to adoption leave if that position still exists. If the employees position has ceased to exist during the period of adoption leave the employee will return from adoption leave as a Displaced Officer and will be subject to the State Transit Displaced Officer Policy.

 

46.11   Employees may be granted an extension to adoption leave beyond 52 weeks from the time the employee takes custody of the child. If an employee returns to work after an extension of adoption leave beyond the 52 weeks from the time the employee takes custody of the child, they will be treated as a Displaced Officer and will be subject to the State Transit Displaced Officer Policy. Note; Any employee taking extended Adoption leave will be required to clear accumulated Annual leave prior to commencing extended Adoption leave.

 

46.12   If an employee requests part-time work on return from adoption leave, State Transit will, where this is practical, provide part-time employment for the employee.

 

46.13   If an employee requests a job share arrangement on return from adoption leave, State Transit will, where this is practical, provide a job share arrangement for the employee.

 

47.  Assistance With Job Applications

 

The Depot Manager will be designated as the contact point for Bus Operators seeking assistance in preparing resumes and job applications for positions within Western Sydney Buses.

 

All material relating to how to apply for positions is to be written in "plain English".

 

48.  Training for Acting in Bot 1 and Bot 2 Duties

 

Two Bus Operators will be selected through the merit selection process, one to be trained as a Bus Operator Trainer level 2 and the other as a Bus Operator Trainer level 1. Once these two employees have successfully completed their training they will be used by Western Sydney Buses management to train new employees as required. When undertaking this training role they will be paid at the higher rate of pay of BOT 2 and BOT 1as contained in Attachment C, Table 1.

 

49.  Alcohol and Drug Testing

 

The Parties recognise the legislative obligations to ensure the workplace is free from drugs and alcohol, and all employees are to comply with the provisions of legislation relating to random drug and alcohol testing and the internal programs that are in place.

 

50.  OHS Training

 

(a)      The parties recognize the obligation of Western Sydney Buses to provide a safe and healthy workplace, with all employees responsible for their own safety, the safety of other employees and the general public.

 

(b)      Western Sydney Buses will determine the standards and requirements of training for employees, in consultation with employees and their representatives. A certificate will be awarded to employees who successfully complete the training.

 

(c)      Every employee will have the opportunity to attend a minimum of 2 hours paid awareness OHS training each year.

 

51.  Wage Increases

 

A 4% wage increase will apply to employees covered by this Award on and from the first full pay period after ratification by the New South Wales Industrial Relations Commission.  An additional 4% increase in wages will apply on and from the first full pay period on the twelve month anniversary of the ratification of the Award by the New South Wales Industrial Relations Commission. 

 

ATTACHMENT A - MANAGEMENT OF SICK LEAVE

 

Absence Management Procedures

 

Commitment to Reduction in Sick Leave Levels

 

The Parties to this Award are committed to ensuring Western Sydney Buses as a business remains competitive and is positioned to secure future contracts for bus services by achieving industry best practice in a range of areas. One such area is the need to reduce the costs associated with average sick leave levels.

 

To ensure that sick leave levels are reduced to an average of five days per annum or less, the Parties have agreed to implement stringent procedures for the management of employee absence relating to personal illness and injury.

 

It is accepted that the following provisions will place the Parties to this Award, including all Employees covered by the Award, under strict obligations to effectively manage employee absence in order to achieve the targeted reduction in sick leave.  To that end, the RTBU and its Officers will work co-operatively with Western Sydney Buses and its managers to ensure the implementation and success of the Absence Management Procedures outlined in this clause.

 

Review Mechanisms

 

Throughout the life of this Award, Western Sydney Buses and the RTBU will jointly monitor the operation of the procedures outlined in this clause and the data on reduction in average sick leave levels.

 

At the expiration of twelve months from the introduction of the procedures outlined in this clause, Western Sydney Buses and the RTBU will undertake a full review of the success of the procedures.

 

If the Target has not been achieved, Western Sydney Buses and the RTBU will work together to identify any additional measures, which may be necessary to achieve the Target, and the Award will be varied to accommodate any additional measures.

 

A further review of the success of the procedures will occur prior to the expiration of this Award. If the Target has not been achieved, Western Sydney Buses and the RTBU will determine other measures to be included in the next Award, in order to achieve the Target.

 

Medical Examination, the Role of Health Services Officers and Employee Obligations

 

An employee reporting any unplanned absences, arising from personal illness or injury, will be contacted by a Health Services Officer (HSO), on the first or any subsequent day of the unplanned absence. The HSO will discuss with the employee, the circumstances of the unplanned absence including appropriate medical referrals and likely date of return to work.

 

If the employee cannot be contacted by the HSO, the employee will be required to provide an explanation regarding why they were unable to be contacted.  Where no satisfactory explanation is provided, paid leave will not be approved and disciplinary action may be commenced against the employee for unauthorised absence.

 

If directed by Western Sydney Buses, an employee must attend an examination by a Western Sydney Buses Nominated Doctor (Western Sydney Buses Doctor) located within a reasonable travelling distance from the employee’s home, at any time. A Western Sydney Buses Doctor may include a specialist.  This may occur where:

 

(i)       an employee has an unplanned absence arising from a personal illness or injury;

 

(ii)       the employee has been placed on an absence management program; and/or

 

(iii)      there are reasonable grounds to doubt the genuineness of the absence where it relates to personal illness or injury.

 

Where an employee is required to attend a Western Sydney Buses Doctor for medical examination, the Western Sydney Buses Doctor will determine whether or not the employee is fit for their normal duties.

 

Where a Western Sydney Buses Doctor examines an employee and determines that the employee is fit for their normal duties, no paid leave will be payable and the employee may be directed by Western Sydney Buses to attend for work.

 

Where an employee who has been directed to attend for work following examination by a Western Sydney Buses Doctor, fails to do so, the employee will:

 

(i)       have any paid leave withheld;

 

(ii)      be considered to be on unapproved leave until any relevant medical reports have been considered; and

 

(iii)      may be subject to disciplinary action.

 

Managing Employees with Unacceptable Attendance Patterns - Absence Management Programs

 

An employee with an unacceptable attendance pattern may be placed on an Absence Management Program (AMP). In administering AMP’s, there is absolutely no intention by Western Sydney Buses to place undue pressure on any employee in genuine need of sick leave.

 

Unacceptable Attendance Pattern means any pattern of unplanned absence, which the employee’s manager, on reasonable grounds, believes warrants the employee being placed on an absence management program, and includes:

 

(i)       failure to comply with any aspect of Western Sydney Buses sick leave policy (a copy of which can be accessed through State Transit’s Business Management System), or an obligation imposed under the provisions of this clause;

 

(ii)       failure to produce a medial certificate or other satisfactory evidence to support an unplanned absence where the employee was under an obligation to do so.

 

The following are provided as examples of attendance patterns which would require review by management and which may result in an Employee being placed on an Absence Management Program:

 

(i)       a pattern of unplanned absences predominately on particular days of the week or during particular times of the year;

 

(ii)       high number of one to two day unplanned absences, particularly for different reasons;

 

(iii)      a pattern of unplanned sick leave immediately following or preceding RDO’s, ADO’s, public holidays or annual leave;

 

(iv)      unplanned absence on a day, which an employee sought as a day off, but which was not approved;

 

(v)      unplanned absences on special events;

 

(vi)      four or more absences (particularly single day absences), in a four month period.

 

Western Sydney Buses Sick Leave Policy and Procedure may be varied during the life of this Award, including any variations, which are necessary to give effect to the provisions of this clause.

 

Absence Management Program Step 1 - Preliminary Discussion

 

The employee will be interviewed by their supervisor or manager regarding any apparent unacceptable attendance pattern. Reasons for the absence history may be explored. Further medical investigation and referrals may be required at this stage.

 

If, following discussion and any necessary further investigation, the employee’s manager remains unsatisfied with the attendance pattern, the employee will be advised in writing that should there be no improvement in their attendance pattern, they will be placed on an absence management program. However, in exceptional circumstances, an employee may be placed on an absence management program at this point.

 

Absence Management Program Step 2 - Placement on a Program

 

Should an employee’s attendance pattern remain unsatisfactory, the employee will again be interviewed by their manager. If, following the further interview, the employee’s manager remains unsatisfied with the attendance pattern, the employee will be placed on an absence management program which will include the following:

 

(i)       all unplanned absence due to personal illness or injury will need to be medically supported while the employee remains on an absence management program;

 

(ii)       regular review meetings between the manager and employee as required;

 

(iii)      any unplanned absence will require approval and until the employee has applied for leave, been interviewed by their manager and the leave has been approved, any unplanned absence will be treated as unauthorised leave and may lead to discipline action;

 

(iv)      medical examination by a Western Sydney Buses Doctor as required, including when reporting unplanned absences due to personal illness or injury;

 

(v)      written confirmation of placement on the absence management program and advice that a continuing unacceptable attendance pattern, including the taking of any unauthorised leave, may result in further disciplinary action leading to termination of employment.

 

Step 3

 

Where an employee’s attendance pattern remains unacceptable, following implementation of steps 1 and 2, formal disciplinary action may be commenced against the employee. However, disciplinary action may be commenced at any time prior to Step 3, in the event of unauthorised absences or failure to comply with any direction issued under the absence management program.

 

Continuous Review

 

An employee placed on an absence management program will be subject to continuous review, and may be removed from the absence management program, at any time, following demonstrated improvement in their attendance pattern.

 

Employees will be advised in writing of the decision to remove them from the absence management program. However, should the employee again come under notice for an unacceptable attendance pattern, the employee may be placed back on an absence management program

 

ATTACHMENT B - TRAINEE BUS OPERATOR & BUS OPERATOR PART TIME HOURS OF WORK

 

Employee Name

Employee Number

..................................................................

...................................................................

Grade

Depot

...................................................................

...................................................................

Shift Number

Weekly Hours

...................................................................

...................................................................

 

SHIFT SIGN ON/SIGN OFF TIMES

 

DAY

START

FINISH

MEAL

Hours

START

FINISH

HOURS

DAILY

 

 

 

TIME

Worked

 

 

WORKED

HOURS

Sunday

 

 

 

 

 

 

 

 

Monday

 

 

 

 

 

 

 

 

Tuesday

 

 

 

 

 

 

 

 

Wednesday

 

 

 

 

 

 

 

 

Thursday

 

 

 

 

 

 

 

 

Friday

 

 

 

 

 

 

 

 

Saturday

 

 

 

 

 

 

 

 

TOTAL

 

 

 

 

 

 

 

 

 

The above shifts will apply until such time as you transfer to other work, or timetable changes necessitate changes to the shift times. All changes to rostered work will be undertaken in line with Award and Enterprise Agreement provisions.

 

....................

.....................

Supervisor

Employee

 

Date

Date

 

 

 

ATTACHMENT C - WAGE RATES AND ALLOWANCES

 

Table 1 - Rates of Pay

 

 

Rate per week

 

Date of Award

On and from 12 month

 

Ratification

anniversary of ratification date

 

4%

4%

Trainee Bus Operator

$807.50

$839.80

Bus Operator

$836.80

$870.30

Team Leader

$901.20

$937.20

Bus Operator Trainer Level 1

$967.70

$1,006.40

Bus Operator Trainer Level 2

$1,038.40

$1,079.90

 

Table 2 - Allowance

 

Clause

Description

Allowance

Allowance

 

 

Date of Award

On and from 12 month

 

 

Ratification

anniversary of ratification date

 

 

4%

4%

8

Shift Allowance

15% Hourly Rate

15% Hourly Rate

8

Shift Allowance Team

15% Hourly Rate

15% Hourly Rate

 

Leader

 

 

11(e)

Meal Break

$10.30

$10.70

15(f)

Attending Court

$10.30

$10.70

 

 

 

 

A. F. BACKMAN J

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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