ENERGY AUSTRALIA AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Energy
Australia.
(No. IRC 1856 of 2003)
Before The Honourable
Mr Deputy President Harrison
|
8 April 2003
|
AWARD
Clause No. Subject Matter
1. Title
2. Area,
Incidence, Parties And Duration
3. No Extra
Claims
4. Definitions
5. Disputes
And Grievance Resolution
6. Consultation
7. Outsourcing/
Contracting Out
8. Training
9. Wages And
Salaries
10. Method Of
Payment
11. Allowances
12. Work Value
And Job Evaluation
13. Hours Of
Work
14. Shift Work
15. Overtime
16. On Call
17. Standing
By
18. Meal Break
/ Meal Allowance
19. Part-Time
Employment
20. Casual
Employment
21. Fixed Term
Employment
22. Job
Sharing
23. Local
Workplace Flexibility
24. Annual
Leave
25. Sick Leave
26. Long
Service Leave
27. Accident
Leave And Pay
28. Special
Leave
29. Personal/
Carer’s Leave
30. Parental
Leave
31. Career
Break
32. Award /
Public Holidays
33. Rostered
Days Off
34. Terms Of
Employment
35. Calculation
Of Service
36. Cashing In
Sick Leave
37. Excess
Travel
38. Provision
Of Transport
39. Protective
Clothing And Equipment
40. Higher
Grade Pay
41. Superannuation
42. Apprentices
43. Miscellaneous
Conditions Of Employment
44. Anti-Discrimination
45. Union
Delegates’ Charter
Appendix
1 - Energy Australia’s Pay Rates And Allowances
Appendix
2 - Energy Australia’s Pay Rates And Allowances
Appendix
3 - Energy Australia’s Pay Rates And Allowances
Appendix 4 - Annual Leave Conversion
1.
Title
This Award is to be known as the Energy Australia Award
2003.
2.
Area, Incidence, Parties and Duration
2.1 Rescission and
replacement of previous Award.
2.1.1 This Award
rescinds and replaces the Energy Australia Award 2001 published 5 April 2002
(332 I.G. 533).
2.2 This Award
shall apply to all persons employed at Energy Australia except;
those employees employed under contract as senior
managers
those employees employed under the Energy Australia
Professional/ Managerial/ Specialist Employee Enterprise Agreement 2002
those employees employed under the Energy Australia
Appliance Sales Award 2001
Australian Energy Solutions Enterprise Agreement 1995
Commercial Graduates Development Program Enterprise
Agreement 1998.
2.3 The parties to
this Award are:
Energy Australia
Federated Municipal and Shire Council Employees’ Union
of Australia, New South Wales Division
Electrical Trades Union of Australia, New South Wales
Branch
The Association of Professional Engineers, Scientists
and Managers, Australia (NSW Branch)
Electricity Supply Professional Officers Association
The Australian Workers’ Union, New South Wales
Construction, Forestry, Mining and Energy Union (Mining
and Energy Division) New South Wales Branch
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch
2.4 This Award
shall take effect from 19 December 2002 and shall remain in force thereafter
until 18 December 2004.
2.5 The parties to
this Award have agreed to negotiate Enterprise Agreements under the NSW Industrial Relations Act 1996, which
deal with matters of relevance to specific subsidiaries of Energy
Australia. Where the terms of this
Award and a subsequent Enterprise Agreement deal with the same issue, the
Enterprise Agreement shall prevail to the extent of any inconsistency.
3.
No Extra Claims
It is a term of this award that the union parties to this
award undertake that for the period of the duration of this award that they
will not pursue any extra claims, award or over award, except where consistent
with the State Wage Case principles.
4.
Definitions
4.1 "Appointed
Grade" means the position to which an employee has been appointed by the
Managing Director other than under the provisions of clause 40, Higher Grade
Pay.
4.2 "Day
Off" means a day off in accordance with a regular 9-day fortnight working
period arrangement.
4.3 "Dismissal"
means termination of service with Energy Australia for misconduct, or repeated
unsubstantiated absences from work.
4.4 "Managing
Director " means the Managing Director of Energy Australia.
4.5 "Medical
Officer" unless specified otherwise, means Energy Australia’s Medical
Officer or a medical practitioner acting on Energy Australia’s behalf.
4.6 "Ordinary
Rate of Pay" means the rate of pay applicable to the appointed grade of an
employee as prescribed in this Award and does not include shift allowance,
weekend and/or holiday or other penalty rates of pay.
4.7 "Resignation"
means voluntarily leaving the service of Energy Australia.
4.8 "Retirement-Age"
means termination of service in accordance with subclause 34.4.
4.9 "Retirement-Ill
Health" means terminating of service by Energy Australia on account of
ill-health, it being certified by Energy Australia’s Medical Officer, or a
medical practitioner as agreed between the Managing Director and the Secretary
of the Union concerned, that such ill-health renders the employee unable in the
future to perform the duties of the employees’ appointed position or
equivalent.
4.10 "Rostered
Day Off" means a day off for a shift worker under a shift work roster; or
for a day worker, means a week day Monday to Friday on which the employee is
not required to work because the employee has worked additional time which has
accrued towards a day off.
4.11 "Service"
means service calculated in accordance with provisions of clause 35,
Calculation of Service.
4.12 "Trade
classifications" are occupational groups whose members are required to
serve an apprenticeship.
4.13 "Permanent
Part-time employee" means an employee who is engaged for less than
full-time ordinary hours as prescribed by the Award, with regular days and
number of hours each week.
4.14 "Casual
employee" means an employee who is engaged to work on an hourly or daily
basis, with a minimum engagement of (3) three hours.
4.15 "Fixed
Term Employment" means when it is not expected that there will be an on
going need for the position. A fixed
term employee is one who is engaged for a fixed period.
5.
Disputes and Grievance Resolution
5.1 The parties
accept that the following general principles will be observed when it is
necessary to rely on these dispute and grievance procedures:
The use of unilateral action is equivalent to one party
seeking to impose its will on the other.
Every attempt must be made to resolve matters within
Energy Australia.
Only as a last resort should reference to external
agencies be considered.
5.2 Any dispute,
claim or grievance shall be dealt with as follows:
5.2.1 The first point
of contact shall be the supervisor of the affected employee(s) who will deal
with the matter within 2 working days.
5.2.2 If not resolved
at 5.2.1 above, the matter will be considered by the employee(s), employee(s)
’s local union delegate/organiser and the local Manager concerned. The matter
will be dealt with as soon possible, but no more than 2 working days after the
initial contact.
5.2.3 If the matter
is unable to be resolved under 5.2.1 and 5.2.2 above, then it will be referred
to the Division’s Employee Relations Manager and the appropriate Union
Official. The matter will be dealt with as soon as possible, but no more than 2
working days after initial contact.
5.2.4 If the matter
is unable to be resolved under 5.2.3 above, a conference will be arranged
between Energy Australia’s Manager Employee Relations/ Employee Relations
Consultants and representatives of the Union concerned to discuss the matter
and endeavour to achieve a settlement.
Such conference will take place within 2 working days after 5.2.3 above.
5.2.5 In the event
the matter can not be resolved under 5.2.4 above, the matter will be referred
to the Managing Director and conferences will take place with the parties
concerned.
5.2.6 In the event of
failure to resolve a matter by the appropriate steps as set out above and where
the parties are unable to agree, there shall be a ‘cooling-off’ period of 72
hours, excluding weekends and award/public holidays, to enable the parties to
re-assess their respective positions.
5.2.7 In the event
the above steps fail to reach a resolution, then the parties may then seek to
exercise their rights under the provisions of the Industrial Relations Act 1996.
5.2.8 During the
course of the above procedures the status quo will be maintained by both
parties, and without prejudice to either party, work shall continue in the
manner it was carried out prior to the dispute arising.
5.2.9 At each stage
of the resolution process, the parties will attempt as much as possible to
reach agreement on the further process to be followed.
6.
Consultation
6.1 The term
‘consultation’ is understood as a process of seeking information, seeking
advice, exchanging views and information, and taking the views and information
into consideration before making a decision. Proposals for change will be
developed through the consultation process.
6.2 All proposals
for change which affect employees will be discussed between the Parties before
final decisions are made. In this way, the genuine concerns of employees will
be taken into consideration in the planning process. The Parties will provide each
other with the information they need to enable them to participate in any
discussions.
6.3 The Parties
will consult before deciding to reduce the size of the workforce. Those
discussions will include exploring alternatives, which may assist employees to
continue in equivalent employment while achieving the necessary structural
adjustments.
6.4 The commitment
to consultation for change necessarily encompasses a high level of information
exchange and sharing information. The Parties therefore agree to maintain the
confidentiality of commercially sensitive information at all times.
6.5 The Parties
may communicate jointly with the employees about major issues and achievements,
which affect the workplace. They will not unjustly criticise each other or seek
to publicly denigrate the views of the other.
6.6 Peak
Consultative Committee
A Peak Consultative Committee (PCC) to be established
comprising senior executives, union officials and employee representatives
elected from the respective Divisional Workplace Committees.
Meetings are to be convened every second month, or at
the request of either party.
These meetings will have organisational change and
workplace reform as its primary focus.
6.7 Divisional
Consultative Committees
6.7.1 Membership
Divisional Consultative Committees comprising senior
executives and managers of the Division, and a number of employees elected by
their peers to represent the main occupations and classifications of the
Division.
Meetings are held at least monthly and focus on matters
of interest or concern to the members.
Other management representatives and union officials
are ex-officio members of these committees.
6.7.2 Review Process
To ensure effective operation of the above mentioned
committees the structure may be reviewed from time to time or at the request of
either party.
In the event that agreement cannot be reached, the
Dispute Settlement Procedures will be followed.
7.
Outsourcing/ Contracting Out
7.1 In
circumstances where Energy Australia is examining outsourcing or contracting
out of work activities:
7.1.1 it will advise
the employees and their Union/s and provide them with at least 28 days notice
to respond with suitable proposals about possible alternative arrangements to
outsourcing or contracting out.
7.1.2 prior to
expressions of interest or tenders being called, where employee generated
alternatives are received, such alternatives will be considered.
7.1.3 if it is
subsequently determined that expressions of interest or tenders are to be
invited, Energy Australia will provide the Union/s with a copy of the document
which has been prepared.
7.1.4 expressions of
interest or tenders when advertised, shall be timed so as to provide the
employees with an opportunity to submit a conforming expression of interest or
tender to do the work to an equivalent standard, timetable and price.
7.1.5 if an employee
generated conforming expression of interest or tender is submitted, it shall be
evaluated together with external submissions received.
7.2 Work will only
be outsourced or contracted out when it can be demonstrated that either:
7.2.1 insufficient
overall resources are available to meet the current Energy Australia overall
work commitment and work timetable, or
7.2.2 the failure to
complete the work in a reasonable time would jeopardise the safety of the
public or impact adversely upon system performance, or
7.2.3 the use of
outsourcing or contracting out the work is commercially the most advantageous
option taking into account quality, safety, performance, cost and the overall
strategic direction of Energy Australia.
7.3 When a
decision is made by Energy Australia to outsource/ contract out work not
already outsourced or contracted out, preference will be given to those
contractors who have a registered agreement with the relevant union.
In a review of existing contracts, Energy Australia
will only award a contract to a contractor that demonstrates it has established
appropriate industrial relations policies and practices and that it complies
with industry safety standards, environmental standards and quality standards.
7.4 In the
evaluation of conforming expressions of interest or tenders, any comparisons
will be made on a basis discounting any overheads that would continue even if
the work was outsourced or contracted out. Such overheads would typically
include tendering costs, contract administration, contract supervision and the
cost of any redundancies which may arise as a result of the decision to
outsource or contract out.
7.5 In the event
that it is determined to outsource or contract out work, affected employees
will have access to the full range of options available under the Energy
Australia policies which apply at the time, including training and/or
retraining.
8.
Training
Skill development and continuous learning is a critical
foundation for the continued success of the organisation.
Competency/ Skills-based classification structures will
be progressively developed and refined, in line with work and job design, which
recognises organisational and employee needs.
All Competency/Skill-based classification structures
will:
provide the basis for pay and progression linked to the
acquisition and use of skills within the scope of the position;
enhance the opportunities for workplace flexibility;
meet the needs of the organisation;
address the joint requirements of improved
productivity, quality and performance, and development opportunities for
individuals.
It is recognised that skill and learning differences
between specific work areas or locations will exist despite organisation wide
requirements for fairness and employee mobility.
Supporting Mechanisms
To support the competency/ skills-based classification
structures, employees may be given the opportunity to become skilled in:
Workplace Training (the delivery of workplace
training);
Skill Module Development (the design of
competency-based modules);
Workplace Assessment (the assessment of competency
against agreed competency standards); and
Reading, writing, numeracy and spoken communication.
The identification of competency/skill development
requirements will be assisted by Energy Australia’s performance development
system.
Learning Time
On and off the job learning opportunities will be
available to employees to meet the training needs of the organisation.
Wherever practicable, this will take place in normal
working time.
Where learning and skill development takes place out of
hours, employee family commitments will be taken into consideration.
Payments for learning undertaken outside normal hours
will be determined on a case by case basis, prior to commencement of the
program. However when it is agreed, where such training is linked to a
competency/skills based structure, payments will be made at the rate agreed
between the parties, not to be less than ordinary rates.
Penalty rates shall apply to all management-directed
and/or regulatory training that occurs outside normal working hours.
9.
Wages and Salaries
9.1 From 19
December 2002, employees covered by this Award are to be paid the appropriate
wage or salary according to their approved pay point - as per Appendix 1.
9.2 From 19 June
2003 wage or salary according to their approved pay point - as per Appendix 2.
9.3 From 19
December 2003 wage or salary according to their approved pay point - as per
Appendix 3.
9.4 The rates of
pay set out in Appendices 1 - 3 include an "Energy Australia
Allowance". This is set at:
$39.55 per week from 19 December 2002;
$40.34 per week from 19 June 2003;
$42.36 per week from 19 December 2003;
The payment of such allowance is to take into account
the performance of work in relation to heat, height, dirty work, work in
confined spaces; work subject to climatic conditions; subject to the lack of
the usual amenities and facilities; subject to directions for alterations and
variation of starting and/or finishing locations; subject to direction for
availability for emergency work outside of ordinary working hours to ensure
continuity and for availability for supply; subject to requirements to complete
proficiency tests and subject to changes in the system of working.
10.
Method of Payment
10.1 Employees shall
be paid by direct transfer to a maximum of five major financial institutions,
with a registered BSB number.
10.2 Employees shall
be paid weekly.
11.
Allowances
11.1 Electrician’s
Licence Allowance
Paid to employees who are appointed as tradespeople to
positions agreed with the Secretary of the ETU and who hold a current NSW
Electrician’s Licence. The allowance is
also payable to employees who were appointed to certain positions prior to 10
December 1981, whether or not they hold an electrician’s licence. Paid for all purposes. This allowance shall be payable in
accordance with the conditions applicable to and as prescribed by the Electricians
& c. (State) Award as varied from time to time.(Appendix D, Allowances,
Item No 23).
11.2 Electrical
Safety Rules Allowance
Paid to employees appointed to electrical positions as
agreed by the Secretary of the ETU who have passed a test of their knowledge of
the rules and who are required to work or supervise or direct work in
accordance with those rules. The allowance is also payable to employees who
were appointed to certain positions prior to 22 December 1981. Employees will be required to undergo
periodic refresher training. Effective
on and from 19 December 2000, apprentice electricians are paid the allowance
from the date they complete the Electrical Safety Rules Test. Paid for all
purposes. (Appendix D, Allowances, Item
No 20).
11.2.1 Employees in
trade classifications (as defined) other than electrician are entitled to 80%
of the Electrical Safety Rules Allowance paid to electricians. (Appendix D,
Allowances, Item No 21).
11.2.2 Pro-rata Safety
Rules Allowance paid to Electricity Supply Operatives who have passed an
abridged version of the Safety Rules Test. This allowance is calculated at 60%
of the Electrical Safety Rules Allowance.
To be known as Safety Rules Electricity Operative Allowance (Appendix D,
Allowances, Item No 22).
11.3 Plumber’s
Registration Allowance is paid to an employee who is required to hold a
Certificate of Registration in the course of employment. Paid for all purposes. (Appendix D, Allowances, Item No 24).
11.4 Employees,
other than shift workers, in a continuous process, when in charge of depot,
office or telephone during a meal break shall be paid the extra rate set out in
(Appendix D, Extra Rates, Item No 10).
11.5 An employee
appointed to a salaried position who is certified by the General Manager as
qualified and competent to carry out the full range of cashiering, customer
inquiry and customer advisory work and working in a Customer Service Centre
other than in the Energy Australia Head Office building shall be paid the extra
rate set out in (Appendix D, Extra Rates, Item No 12). Provided that the provisions of this
paragraph shall not apply to an employee who has been appointed to carry out
higher-grade duties in a Customer Service Centre.
11.6 Employees who
are required to use materials containing asbestos or to work in close proximity
to employees using such material shall be paid the amount in (Appendix D, Extra
Rates, Item No 13). This is paid for
the disability of wearing protective gear.
11.7 Employees who
are engaged in removing asbestos or any method of sealing asbestos shall be
paid the amount in (Appendix D, Extra Rates, Item No 14). This is paid for the disability of wearing
protective gear.
11.8 Pneumatic
machine tool workers in charge of an air-compressor shall be paid the extra rate
set out in (Appendix D, Extra Rates, Item No 15).
11.9 Employees
engaged on unusually dirty work or work of a particularly offensive nature
shall be paid the extra rate set out in (Appendix D, Extra Rates, Item No 17).
11.10 Employees, other
than shift workers, in a continuous process, when in charge of plant during a
meal break shall be paid the extra rate set out in (Appendix D, Extra Rates,
Item No 11).
11.11 Employees who
are accredited as an interpreter with the National Accreditation Authority for
Translators and Interpreters (NAATI) and are nominated to be paid a Community
Language Allowance because they are frequently called on to act as interpreters
shall be paid the amount in Appendix D, Extra Rates, Item No 18.
11.12 Employees
engaged in handling silicate of cotton, slagwool, insulwool or other similar
loose material shall be paid the amount in (Appendix D, Extra Rates, Item No
16). This is paid for the disability of wearing protective gear.
11.13 Employees
appointed to trades positions and engaged in bricklaying, carpentry, painting,
plastering, plumbing and signwriting who are required to supply and maintain
their own tools of trade shall be paid the tool allowance prescribed from time
to time in the appropriate State award (Appendix D, Extra Rates Items 25, 26,
27).
11.14 Employees
engaged on any chokage and who are required to open any soil pipe, waste pipe
or drain pipe conveying offensive material shall be paid the amount prescribed
from time to time in the Plumbers and Gas Fitters (State) Award.
11.15 Ex-Orion Energy
employees who are not provided with tools and are required to provide their own
tools shall be paid the amount in (Appendix D, Allowances, Item No 8).
11.16 Sustenance
Allowance
Where an employee is required to work at a location
which is not their usual place of work and are required to stay overnight, and
when arrangements have not been made for accommodation, meals and / or general
out of pocket expenses paid in advance by Energy Australia then the employee
shall be paid the sustenance allowance rate outlined in (Appendix D, Extra
Rates, Item No 19). Application of this
clause will be provided to the employee in writing prior to the employee being
required to work at a location that is not their usual place of work, including
an overnight stay.
12.
Work Value and Job Evaluation
12.1 Changes to an
employee’s work shall not justify an increase in pay unless the change in the
work constitutes such a significant net addition to the work requirements that
it warrants advancement to a new classification. Whether or not a job warrants re-classification shall be
determined by a properly constituted job evaluation panel.
Changes in work value can only arise from changes in
the nature of work, the level of skill required or the level of responsibility
exercised.
12.2 A properly
constituted job evaluation committee shall comprise one Union representative, a
management representative and the Job Evaluation Administrator.
13.
Hours of Work
13.1 Ordinary Hours
The Parties agree that it is essential that sufficient
employees be scheduled on to meet the business and customer service
requirements in each workplace.
Therefore, the hours of work will be scheduled after taking into consideration:
13.1.1 the provision of
service;
13.1.2 the work of the
branch, section or team; and
13.1.3 the personal
circumstances of the employees, including parental responsibilities.
The hours of work for individual employees including
start and finish times will be determined by agreement only after consultation
with their manager which will take into account 13.1.1, 13.1.2 and 13.1.3
above. Individual schedules will not be
altered so often that would be disruptive to the work organisation and employee’s
home lives. If it is proposed that the
ordinary hours extend beyond 8 per day or 6 pm or on a weekend, the relevant
union will be invited to participate in the consultations. In all other circumstances the union will be
notified and will be involved if requested by the employees.
13.2 Maximum Hours
to be Worked
Full time employees will not be required to work in
excess of 72 hours in any fortnight, except as overtime.
Employees will not be required to work in excess of 12
hours a day without receiving overtime in terms of Clause 15 Overtime.
13.3 Span of Hours
The span of hours shall be 6.00 am to 6.00 pm. Employees shall be available for work
between these hours by mutual agreement.
The span of hours can be adjusted by mutual agreement,
with the relevant union(s) and employees, to accommodate summer time
arrangements, by means of a local workplace flexibility agreement.
13.4 Normal Working
Week
The normal method of scheduling hours will provide for
a nine day fortnight. This may be
departed from where the local manager and the majority of employees affected
agree and their union has been consulted.
Alternative patterns of work may include patterns such as 12 hour day/6
day fortnight, 9 hour day/8 day fortnights, etc.
13.5 Flexibility
The scheduled start and finish times and duration of
the working day can be altered on a casual basis by agreement between the
employee and his/her manager to meet unforeseen changes in the workflow or to
meet the personal needs of the employee. A written record of these casual
arrangements must be kept by the Manager and a copy forwarded to the Union.
In these cases, the total ordinary hours should not
exceed 72 over two weeks. Also, in these cases, work in excess of 12 hours per
day or after 6 pm, or on a Saturday, Sunday or award/public holiday will still
attract the appropriate penalty rates.
13.6 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
14. Shift Work
14.1 Definitions
14.1.1 "Shift Work" - work
which is rostered outside the normal spread of hours and which provides for two
or more shifts on a day and which requires employees to rotate or alternate in
working the shifts.
14.1.2 "Shift Worker" is an
employee who works shifts. An employee does not cease to be a shift worker
during a period of leave for the purposes of determining accrued leave
entitlements, pursuant to Clause 24.
14.1.3 "Afternoon Shift" is a
shift finishing between 1800 and 2400 hours.
14.1.4 "Early Morning Shift"
is a shift commencing between 0500 and 0630 hours.
14.1.5 "Seven Day Shift
workers" are shiftworkers who are rostered to work on each day of the
week. Seven Day Shiftworkers are paid
the rates in Appendix 1C.
14.1.6 "Night Shift" is a
shift finishing between 2400 and 0800 hours.
14.2 Shift workers shall be paid the extra
rates in Appendix 1D, Extra Rates, Items 3 and 4. Extra rates are made on a pro rata basis for rostered shifts
greater than eight hours (eg. A nine hour rostered shift receives 1.125 times
the extra rate, a 12 hour rostered shift receives 1.5 times the extra rate).
14.3 Penalty Rates shall be paid for shiftwork
on Saturdays, Sundays and Award / Public Holidays.
Penalty rates
for all time worked during an ordinary shift on:
Saturday -
Time and one half of the shift hours;
Sunday -
Double Time; and
Award / Public
Holiday - Double Time and an ordinary day’s pay.
14.4 Change of Roster
14.4.1 Shift workers should normally be
given at least five days’ notice of a change of shift or a change of
roster. Where this is not possible the
employee will be paid double time for the first shift after the change.
14.4.2 Where an employee is given less
than five days’ notice of a change of shift or roster and the change results in
the employee working additional shifts, then the employee shall be allowed an
equal amount of time off at a mutually agreed time. If it is not practical for the employee to be allowed time off
within four weeks, the employee shall be paid for the extra shifts at double
time.
14.4.3 The provisions in 14.4.1 and
14.4.2 above do not apply to employees who are classified as relief
shiftworkers.
14.5 Day
workers who are required to work shifts
14.5.1 Day workers may be required to
work shifts.
14.5.2 Day workers who are required to
work shifts shall be paid not less than an additional 30 percent for the first
10 afternoon and/or night shifts in lieu of the shift allowance. The shift allowance is still payable where
the shifts occur on a Saturday, Sunday or Award / Public Holiday.
14.5.3 After working 10 consecutively
rostered afternoon and / or night shifts, unbroken by a return to normal day
work, an employee shall be deemed to be a shiftworker.
14.5.4 The additional payments in
sub-clause 14.5.2 do not apply where a day worker is appointed to shiftwork at
the employees own request, or as a result of having applied for and obtained a
permanent position involving shiftwork.
14.6 "Continuous Afternoon or Night
Work" is work that is performed continuously in the afternoon or
night. A person working continuous
afternoon or night work is not considered to be a shiftworker as defined above
at 14.1.1.
14.6.1 A day worker who is required to
commence working continuous afternoon or night work shall be paid for the first
five shifts at time and a half or at the rate otherwise provided in this
agreement, whichever is the greater.
These shifts may be organised so that an employee receives at least a
full week’s pay.
14.6.2 After working five consecutively
rostered continuous afternoon or night shifts, unbroken by a return to normal
day work, the employee is deemed to be a continuous afternoon or night worker.
14.6.3 An employee engaged on continuous
afternoon work or continuous night work as defined in this award, who works on:
any day other
than an Award / Public holiday shall be paid -ordinary rates plus 30% for all
time worked;
on an Award /
Public holiday shall be paid- ordinary rates plus 30% for all time worked in
addition to an ordinary day’s pay.
14.6.4 The additional payments in
sub-clause 14.6.1 do not apply where a day worker is appointed to shiftwork at
the employees own request, or as a result of having applied for and obtained a
permanent position involving shiftwork.
14.7 This clause applies except where a Local
Workplace Flexibility Agreement is in place.
15. Overtime
15.1 Subject to
clause 15.2, Energy Australia may require an employee to work reasonable
overtime at overtime rates.
15.2 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable having regard
to:
15.2.1 Any
risk to the employees’ health and safety;
15.2.2 The
employee’s personal circumstances including any family responsibilities;
15.2.3 The
needs of the workplace;
15.2.4 The
notice (if any) given by Energy Australia of the overtime and by the employee
of his or her intention to refuse it; and
15.2.5 Any
other relevant matter.
15.3 All time worked
in excess of the scheduled ordinary hours shall be overtime unless the employee
and the manager have altered them by agreement on a casual basis in accordance
with Clause 13.1 Hours of Work.
15.4 All time worked
outside the period 0600 - 1800 hours Monday to Friday shall be overtime unless
the majority of employees and their manager have entered into a Local Workplace
Flexibility agreement which complies with Clause 23 Local Workplace
Flexibility.
15.5 All overtime
which commences between midnight Sunday and midday Saturday shall be paid at
time and a half for the first two hours and double time thereafter.
15.6 All overtime
which commences between midday Saturday and midnight Sunday shall be paid at
double time.
15.7 All overtime
which commences on an award/ public holiday is paid at double time and a half
until the employee finishes:
15.7.1 In
the case of day workers, all work done on an award/ public holiday during the
time which would have been the employee’s normal working time is paid at triple
time.
15.8 All overtime
worked by shiftworkers on a day on which they are rostered off shall be paid at
double time until released from duty.
Shiftworkers are not entitled to overtime as a result of changed shifts
which they organise amongst themselves.
15.9 No payment will
be made for unauthorised overtime.
15.10 Where overtime
is necessary, whenever possible it shall be organised so that employees shall
have at least 10 consecutive hours off duty.
If so much overtime is worked that an employee cannot take a 10
consecutive hour break before the normal commencement time, they shall be
entitled to time off without loss of normal pay until they have had a 10
consecutive hour break. If a 10 hour break is not given then the employee is
paid double time for all hours worked until a 10 consecutive hour break is
taken.
15.11 An employee who
is recalled to work overtime and is not On Call as provided in Clause 16 On
Call shall be paid for a minimum of four hours at the appropriate overtime
rate.
The payment for an employee who is recalled to work
overtime commences from the time the employee receives the call and continues
until the employee arrives home.
Except in the case of unforeseen circumstances arising,
the employee shall not be required to work the full four hours if the job to
which the employee was recalled, or which the employee was required to perform,
is completed within a shorter period.
15.12 If a dayworker
is recalled to work overtime between the time determined by extending the
employee’s usual ceasing time on the previous day by eight hours and 0400
hours, the employee’s normal starting time the next day shall be put back by
the number of hours worked between those times or paid at double time for the
number of hours worked between those times.
15.13 If an employee
is required to resume duty after being recalled to work overtime which exceeds
four hours, whether continuous or not, before having a ten hour break, the
employee shall be paid double time for all hours worked until a break of ten
consecutive hours has been taken.
15.14 This clause
shall not apply to employees working in positions at Pay Point 54 or above
unless otherwise approved.
15.15 Except where
overtime is continuous (subject to a reasonable meal break) with the usual
commencing or ceasing times of either a day worker’s ordinary working hours or
a shift worker’s ordinary rostered shift on a day upon which the employee has
been rostered on, "Recalled to work overtime" means:
15.15.1 a
direction given to an employee to commence overtime work at a specified time
which is two hours or more prior to either the employee’s usual or rostered
commencing time, or one hour or more after the employee’s usual or rostered
ceasing time (whether notified before or after leaving the employee’s place of
work); or,
15.15.2 a
notification given to an employee after completion of the employee’s day’s work
directing the employee to take up overtime work; or,
15.15.3 a
notification given to an employee whose normal hours do not include work on a
Saturday, Sunday or Award holiday to work on any such day; or
15.15.4 a
notification given to a shift worker to work on a rostered day off.
15.16 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
16.
On Call
16.1 An employee who
is on call shall be paid the amount in Appendix 1D, Extra Rates, Item No’s 5, 6
and 7.
16.2 An employee who
is on call for less than a whole week shall be paid one fifth of the allowance
for each working day (Monday - Friday) or part thereof and one quarter of the
allowance for each Saturday, Sunday or Award/public holiday or part thereof up
to a maximum of the full allowance.
16.3 An employee who
is on call is required to be available for emergency and/or breakdown work at
all times outside the employee's usual hours of duty. Upon receiving a call for duty, the employee is to proceed
directly to the job.
16.3.1 Emergency
and/or breakdown work includes restoring supply to our customers or making
equipment safe which has failed or is likely to fail or maintenance work which
is essential to prevent a supply failure.
This includes work not only on Energy Australia’s equipment but also on
our customers' equipment.
16.4 Payment for a
call out shall commence from the time the employee receives a call and
continues until the employee arrives back home. Payment is at the appropriate overtime rate as detailed in
sub-clause 16.6.
16.4.1 Employees
who are on call are not confined to their homes but they must be reasonably
available so that they would not be delayed by more than 15 minutes in addition
to the time it would normally take to travel from their homes to the place
where the work is to be performed. Any
delays in excess of 15 minutes will not be paid unless specifically authorised.
16.5 An employee may
be required to attend any other calls which arise prior to returning home.
16.6 Call-outs are paid
at double time with a minimum one-hour payment. Call-outs during an award/public holiday are paid at double time
and a half with a minimum one hour payment.
16.7 Employees who
are called out are entitled to a minimum of one hour's pay at double time each
time they are called out.
16.8 If a dayworker
is recalled to work overtime between the time determined by extending the
employee's usual ceasing time on the previous day by eight hours and 0400
hours, the employee's normal starting time the next day shall be put back by
the number of hours worked between those times or paid at double time for the
number of hours worked between those times.
16.9 If an employee
is required to resume duty after a call out which exceeds four hours before
having a ten hour break, the employee shall be paid double time for all hours
worked until a break of ten consecutive hours has been taken.
16.10 Normal meal
break and meal allowance provisions apply to overtime worked on call-outs.
16.11 This clause
shall not apply to employees working in positions at Pay Point 54 or above
unless otherwise approved.
16.12 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
17.
Standing By
17.1 This clause
applies to employees who are directed to stand-by in readiness to work
overtime. It does not apply to
employees who are on call.
17.2 Employees who
are standing by shall be paid at ordinary rates from the time the employee
commences standing by until the time the employee is directed to commence overtime
or to cease standing by.
17.3 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
18.
Meal Break / Meal Allowance
18.1 Meal breaks during ordinary hours shall be
of at least a half hour duration. The
actual duration and timing of the break shall be set after considering the
location and nature of the work and may be altered from time to time in
consultation with the employees concerned.
18.2 If an employee is required to work longer
than five ordinary hours without a meal or work break, they shall be paid time
and a half until a meal break is taken.
18.3 Meal Breaks and Meal Allowances are
subject to the following conditions:
18.3.1 For all overtime which commences
immediately after an ordinary day's work, the employee shall be entitled to a
paid meal break of 20 minutes and a meal allowance after the first hour and a
half actually worked. The second meal break and second meal allowance become an
entitlement after a total of 4 hours actually worked. Every subsequent period of 4 hours actually worked shall entitle
the employee to another meal break and meal allowance.
18.3.2 For all overtime which commences
immediately before an ordinary day's work, the employee shall be entitled to a
paid meal break of 20 minutes after each period of 4 hours actually worked. The
employee shall be entitled to a meal allowance after the first 2 hours actually
worked. Another meal allowance shall become an entitlement after a total of 8
hours are actually worked. Every subsequent period of 4 hours actually worked
shall entitle the employee to another meal allowance.
18.3.3 For all overtime which is not
continuous with an ordinary day's work, the employee shall be entitled to a
paid meal break of 20 minutes and a meal allowance after each period of 4 hours
actually worked.
18.4 An employee may, by mutual agreement,
extend a meal break on overtime up to a total period of one hour provided that
any time in excess of 20 minutes is unpaid.
18.5 Meal breaks which occur during periods of
overtime should be taken at the time they fall due unless the employee seeks to
defer the break to a later time.
18.6 This clause applies except where a Local
Workplace Flexibility Agreement is in place.
19. Part-Time
Employment
19.1 A part-time employee
shall be paid a pro rata rate commensurate with their normal hours worked each
week.
19.2 A part-time
employee shall be entitled to all service entitlements on a pro-rata basis
commensurate with their normal hours worked each week. Appropriate training will also be provided.
19.3 The Parties
will consult before introducing a new area of part-time employment.
20.
Casual Employment
20.1 Casual
Employees shall be paid a loading of 20 per cent which shall be in lieu of all
entitlements provided under this Award including sick leave and annual leave
other than those prescribed below:
20.1.1 Long
Service Leave in accordance with the Long
Service Leave Act 1955.
20.1.2 Time
and half plus the 20 per cent loading for all hours worked in excess of 8 per
day or 72 hours per fortnight or outside the spread of hours or on a Saturday
before midday.
20.1.3 Double
time plus 20 per cent for all hours worked after midday on a Saturday or on a
Sunday or an award/public holiday.
20.1.4 Casual
employees shall be eligible for meal allowances and meal breaks as provided in
Clause 18 Meal Break/ Meal Allowance of this Award.
20.2 Provided that
casual employment will not be introduced into any new area of Energy
Australia’s operations without prior consultation with the relevant union or
unions.
21.
Fixed Term Employment
21.1 Fixed term
employees shall be paid and be entitled to all the conditions under this Award
which are appropriate.
21.2 A fixed term
employee does not include a casual employee.
22.
Job Sharing
22.1 Job sharing is
a particular type of work where one or more full-time positions are shared by
two or more employees to cover an agreed span of hours.
22.2 Where a
full-time employee requests to convert to part-time work and their current
position needs someone on duty full-time, a job sharing arrangements may be
suitable.
22.3 A job-sharer
shall be paid a pro rata rate commensurate with their normal hours worked each
week.
22.4 A job-sharer
shall be entitled to all service entitlements on a pro rata basis commensurate
with their normal hours worked each week. Appropriate training will also be
provided.
22.5 The Parties
will consult before introducing a new area of job sharing.
22.6 In the event
that one of the employees sharing a job either resigns or is appointed to
another position, the remaining employee will be offered the opportunity to be
appointed to the position on a full-time basis.
22.7 A breakdown in
an existing job-share arrangement will not be used as an opportunity to change
the full-time status of that position without full consultation with the
appropriate union(s) partner(s).
23.
Local Workplace Flexibility
23.1 This clause is
intended to provide the means by which different conditions of employment may
be provided as a result of an arrangement which is mutually agreed at the local
workplace.
This clause is intended to apply to classifications or
work groups of employees, not individuals.
23.2 A Local
Workplace Flexibility Agreement may provide for different conditions of employment
than are provided in the following clauses:
Hours of Work (Span of Hours)
Shift Work
Overtime
On Call
Standing By
Meal Break
Excess Travel
23.3 A Local
Workplace Flexibility Agreement may only provide for different conditions of
employment where the following requirements have been complied with:
23.3.1 The
employees are not disadvantaged when the local workplace agreement is viewed as
a whole.
23.3.2 The
majority of employees affected agree after taking all views into consideration
including the need to maintain effective working relationships.
23.3.3 The
appropriate union has been advised prior to the commencement of discussions
with the employees concerned.
23.3.4 The
Local Workplace Flexibility Agreement is not contrary to any law and does not
jeopardise safety.
23.3.5 The
Local Workplace Flexibility Agreement will improve efficiency and/or customer
service and/or job satisfaction.
23.3.6 Local
Workplace Flexibility Agreements shall be signed by the manager of the Energy
Australia business unit, the relevant union, and a representative of the NSW
Labor Council. Where more than one
union has coverage of the position affected by the Local Workplace Flexibility
Agreement then the unions with coverage and the NSW Labor Council will be
signatories to the Agreement.
23.3.7 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.
23.4 Individual
employees may opt out of a local workplace agreement if its operation will
cause him/her genuine personal or family hardship and they can do so without
disrupting the pattern of work or inconvenience customers. Transfer to another equivalent position will
be considered in these circumstances.
24.
Annual Leave
24.1 Employees
excluding shift workers shall accumulate 144 hours of annual leave in each
complete year of service.
24.2 This leave will
be approved by Energy Australia provided that adequate employees are available
to meet the needs of the organisation.
24.3 Annual leave
may be taken in any combination of separate periods. These should be taken in whole days.
24.4 Payment for
annual leave shall be at the ordinary rate of pay. See Clause 40 Higher Grade Pay in relation to Higher Grade Pay.
24.5 Employees may
be allowed to take a period of annual leave in advance of its accrual, subject
to approval. Where their employment
subsequently terminates before the leave has accrued on a pro rata basis,
Energy Australia may deduct any pre-payment from their termination pay.
24.6 Any award/
public holidays which occur during annual leave shall not be deducted from
annual leave entitlements.
24.7 Rostered days
off do not accrue during periods of annual leave.
24.8 Seven-day shiftworkers
shall accumulate 200 hours of annual leave in each complete year of
service. Other shiftworkers shall
accumulate 160 hours of annual leave in each complete year of service.
24.9 Employees who
have worked as seven-day shiftworkers for part of a year shall receive a pro
rata entitlement to additional annual leave.
24.10 When an employee
ceases employment for any reason, they shall be paid for any annual leave which
has not yet been taken for each completed year of service. The employee shall also be paid a pro rata
amount for any leave which has not been taken for any partly completed year of
service. Payment for all outstanding
annual leave shall be at the ordinary rate which applied at the time employment
ceased. (See clause 40 in relation to
Higher Grade Pay).
24.11 Employees shall
not commence annual leave whilst on sick leave or accident leave.
24.12 All annual leave
is paid at the employee’s ordinary rate of pay which includes, all purpose
allowances as defined and higher grade pay where applicable (See Clause 40
Higher Grade Pay). Shiftworkers are
paid for their annual leave at their ordinary rate inclusive of shift
allowances or receive an annualised holiday loading paid at 1.65% each week, whichever
is the greater.
24.13 Employees may
use single days of annual leave to look after sick relatives or deal with
emergencies. In these circumstances,
the employee should provide his/her manager with as much notice as possible
before the scheduled start of work.
25.
Sick Leave
25.1 Employees are
entitled to sick leave when their sickness prevents them from attending their
workplace.
25.2 Visits to a
doctor or dentist during the employee's normal working hours and any other part
day absences will be debited against the employee's sick leave entitlements.
25.3 Sick leave will
not be paid where the absence arises from participation in any activity where
the employee is paid by other than Energy Australia.
25.4 In determining
an employee's total sick leave credit, service with an organisation which has
merged with Energy Australia will be taken into account.
25.5 Where an
employee has exhausted their entitlement to paid sick leave, additional leave
with pay may be granted if the circumstances warrant it.
25.6 Where an
employee has exhausted their entitlement to paid sick leave, and is granted
leave without pay, that period may or may not count as service as determined by
Energy Australia.
25.7 After three
months an employee is entitled to 24 hours sick leave.
After a total of six months an employee is entitled to
an additional 32 hours.
After a total of 12 months an employee is entitled to
an additional 64 hours.
After a total of 18 months an employee is entitled to
an additional 48 hours.
After a total of 24 months an employee is entitled to
an additional 72 hours.
After a total of 36 months an employee is entitled to
an additional 120 hours.
After a total of 48 months an employee is entitled to
an additional 120 hour.
After a total of 60 months an employee is entitled to
an additional 144 hours.
After every 12 months thereafter an employee is
entitled to an additional 144 hours.
Any untaken portion of the entitlement shall accumulate
for use in future years.
25.8 An employee who
is diagnosed as being so sick that they are not expected to ever be fit for
normal duties shall be "Retired-Ill Health". The date of retirement will normally be the
date that their sick leave entitlements are exhausted. However, the employee will have the option
to take a lump sum payment for sick leave in accordance with Clause 36 Cashing
in Sick Leave and retire after any sick
leave which accrued after 15 February 1993 has been exhausted. No additional sick leave entitlements will
accrue from the date the diagnosis is made.
25.9 If an employee
provides medical evidence that they were injured or sick whilst on annual leave
or long service leave to such an extent that they were unable to derive benefit
from the leave, then the period of leave which is affected will be recredited
provided it is at least of five consecutive working days duration.
25.10 Award/public
holidays and RDO’s which occur during periods of sick leave are not counted as
sick leave.
25.11 A certificate
from a medical practitioner is required for all claims for sick pay which
exceed three working days. However,
where an employee's sick leave record is unsatisfactory, the employee may be
required to produce a medical certificate to cover all absences for the next 12
months.
25.12 Claims for sick
leave and/or pay not covered by a medical certificate shall not be made more
frequently in any year of service then:
in the case of employees with 1 year but less than 5
years’ service - 4 occasions in a service year;
in the case of employees with 5 years or more service -
6 occasions in a service year.
25.13 Paid sick leave
will not be available for absences on either the last working day before, or
the first working day after, an award/public holiday, annual leave or long
service leave unless a medical certificate is provided.
25.14 A medical
certificate should include the following information:
Name of employee
Name of Doctor and signature
Reason for absence *
Period during which the employee is unfit for work, and
Date of issue.
* While it is reasonable for Energy Australia to ask the
reason for an absence, the employee and treating doctor can decide how much
detail is provided.
25.15 Where an
employee is required to obtain a medical certificate it should be obtained
during the period of absence on sick leave and not be obtained retrospectively.
This requirement may be waived in extenuating circumstances.
25.16 Part day
absences shall be debited against the employee's sick leave entitlement.
25.17 Employees will
make reasonable efforts to notify their supervisor as close to the normal start
time as practical if they are going to be absent on sick leave.
25.18 If there is any
dispute about a doctor's diagnosis in relation to sick leave, a second opinion
may be obtained from another doctor jointly selected by the parties. This second opinion will be deemed to settle
the dispute. Any cost for obtaining the
second opinion will be paid by the party that the decision goes against.
26.
Long Service Leave
26.1 Long Service
Leave shall accrue according to the following scale:
After 10 years’ service
|
13 weeks
|
After 15 years’ service
|
Additional 8½ weeks
|
After 20 years’ service
|
Additional 13½ weeks
|
After each additional 5
years’ service
|
Additional 13 weeks
|
26.2 All long
service leave is paid at the employee’s ordinary rate of pay as defined.
26.3 An employee who
has completed five years’ service and less than 10 years’ service with Energy
Australia and whose employment terminates for any reason other than misconduct,
shall be entitled to payment of 1.3 weeks’ pay for each year of service and pro
rata for partly completed years to the nearest day.
26.4 An employee who
has completed 10 or more years’ service with Energy Australia whose employment
terminates for any reason other than misconduct, shall be entitled to the
following pro rata long service leave, minus any periods of long service leave
already taken:
Ten years’ service
|
13 weeks
|
Between 10 and 15 years’
service
|
1.7 weeks per year
|
Between 15 and 20 years’
service
|
2.7 weeks per year
|
After 20 years’ service
|
2.6 weeks per year
|
Pro rata amounts will be paid for partly completed
years to the nearest day.
26.5 Employees who
have continuity of service with an organisation which merged with Energy
Australia or whose service with a previous employing organisation is recognised
by Energy Australia for long service leave purposes, will have that service and
any periods of long service leave taken into consideration in calculating their
entitlement in terms of Clause 35, Calculation of Service.
26.6 Employees shall
not commence long service leave whilst on sick or accident leave
26.7 Employees shall
give at least four weeks’ notice of their intention to take long service
leave. Shorter notice may be agreed,
subject to work requirements.
26.8 Long service
leave may be taken at half pay. All
long service leave will be taken in amounts no less than one day.
27.
Accident Leave and Pay
27.1 "Accident
Pay" means an amount of pay equal to the difference between the amount of
workers’ compensation received and the ordinary rate of pay.
27.2 Where an
employee has been injured in the course of employment at Energy Australia, they
shall be paid Accident Pay and Workers’ Compensation for a combined total
period up to 52 weeks, provided that employment continues with Energy
Australia.
27.3 Additional
periods of accident pay may be granted by Energy Australia where circumstances
warrant it.
27.4 A certificate
from a medical practitioner is required for all claims for accident pay. If there is any dispute between doctors, the
parties will select a third doctor whose opinion will settle the matter of
accident pay.
This will not determine the issue of liability which
will be settled by the Workers' Compensation Commission if the parties cannot
agree.
27.5 A medical
certificate should include the following information:
Name of employee,
Name of doctor and signature,
Reason for absence,
Period during which the employee is unfit for work, and
Date of issue
27.6 If an employee
receives a settlement or compensation in relation to an injury or illness which
has resulted in a claim on Energy Australia for paid sick leave or paid
accident leave, then the employee shall repay Energy Australia the sum of the
actual pay received to a maximum not exceeding the settlement or compensation
received. In such cases, the amount of
sick leave which was reimbursed will be recredited to the employee.
28.
Special Leave
28.1 Special Leave
may be granted for the following purposes:
Bereavement
Blood donations
Attending to union matters, including training and
official conferences
Attending Employee Assistance Program
Personal.
28.2 Special Leave
may be granted with or without pay by agreement.
28.3 Special Leave
may or may not count for service by agreement.
28.4 An employee who
is required to attend for Jury Service will be granted leave which will count
as service. An employee will be paid
the difference between their normal rate of pay and the amount paid for jury
service.
28.5 Special Leave
with pay will be granted to employees for their first appointment under the
Employee Assistance Program. Subsequent
appointments are subject to sub-clauses 28.2 and 28.3 above.
28.6 Employees are
encouraged to use RDO’s or single days of annual leave to cover other
absences. The employee should provide
his/her manager with as much notice as possible before the scheduled start of
work.
28.7 An employee who
is required to attend military training will have such periods counted as part
of service, up to a maximum of 14 days per year. The employee will be paid the difference
between the ordinary rate currently paid, and amount paid for military
training, on production of evidence of the employee’s attendance and money paid
to the employee.
29.
Personal/ Carer’s Leave
29.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in paragraph 29.3.2, who needs the employee’s care and support,
shall be entitled to use, in accordance with this sub-clause, any current or
accrued sick leave entitlement, provided for in clause 25 "Sick
Leave", for absences to provide care and support, for such persons when
they are ill. Such leave may be taken
for part of one day. This entitlement
is effective from 19 December 2002.
29.2 The employee
shall, if required, 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 person. In normal circumstances an employee must not take carer’s leave
under this sub-clause where another person has taken leave to care for the same
person.
29.3 The entitlement
to use sick leave in accordance with this clause is subject to:
29.3.1 the
employee being responsible for the care and support of the person concerned:
and,
29.3.2 the
person concerned being:
29.3.2.1 a
spouse of the employee; or
29.3.2.2 a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
29.3.2.3 a
child or an adult child (including an adopted child, a step child, a foster
child or an ex-nuptial child), parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the employee or spouse or de
facto spouse of the employee; or
29.3.2.4 a
same sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
29.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. ‘affinity’
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. ‘household’
means a family group living in the same domestic dwelling.
29.4 An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
29.5 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in paragraph 29.3.2
above who is ill.
29.6 An employee may
elect with the consent of the employer, to take annual leave for the purposes
of providing care to a class of person set out in paragraph 29.3.2.
29.7 An employee may
elect with the consent of the employer, to take time off in lieu of payment for
overtime at a time or times agreed with the employer within twelve months of
the said election.
29.8 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
29.9 If having
elected to take time as leave, in accordance with subclause 29.7, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the 12 month period or on termination.
29.10 Where no
election is made in accordance with the said subclause 29.7, the employee shall
be paid overtime rates in accordance with the award.
29.11 An employee may
elect, with the consent of EnergyAustralia, to work "make-up time"
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread or ordinary hours provided in the award, at
the ordinary rate of pay.
29.12 An employee on
shift work may elect, with the consent of the employer, work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
29.13 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
29.14 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
29.15 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
29.16 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
30.
Parental Leave
30.1 The provisions
of the Industrial Relations Act 1996
shall apply.
30.2 Employees who
are eligible for maternity leave without pay under the Industrial Relations Act 1996 shall be entitled to receive up to
nine weeks of paid leave (or 18 weeks at half pay) included in the 12 months
approved under the Act at their ordinary rate of remuneration.
31.
Career Break
31.1 Employees are
eligible to apply for a career break to meet personal, family or community
responsibilities - e.g. study, child rearing, looking after a sick relative,
personal development, etc.
31.2 A career break
provides between three months and one year of unpaid leave and may be combined
with other leave to provide a total period of absence up to two years.
31.3 Employees who
take a career break maintain continuity of employment but the period of leave
does not count for service.
31.4 Employees who
take a career break will be able to return to either their old position or an
equivalent position.
32.
Award / Public Holidays
32.1 The days on
which the following holidays are gazetted shall be days off work without loss
of pay: New Year’s Day, Australia Day, *Picnic Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas
Day, Boxing Day.
32.2 Union Picnic
Day*. The picnic day shall be a
recognised holiday only for employees who are financial members of the union’s
party to this award.
* For ex-Sydney Electricity employees this will be the
second Friday in March. For ex-Orion
Energy employees this will be a day determined between the parties.
32.3 In addition,
employees shall be entitled to the day off work without loss of pay for any
other days which are gazetted as public holidays throughout NSW.
32.4 Any
award/public holiday which falls during a period of annual leave, sick leave or
long service leave, shall not be debited against that leave.
32.5 If an
award/public holiday occurs on an employee’s scheduled day off or rostered day
off then the employee shall receive an additional day’s pay at the ordinary
rate or shall be entitled to another day off in lieu.
32.6 An employee who
is absent from duty without approval on the working day prior to, or the
working day after, an award/public holiday shall not be entitled to pay for
that holiday or the unauthorised absence.
32.7 Where an
employee has been on unauthorised leave for more than five consecutive working
days, which may include an RDO, the employee is not eligible to be paid for any
award/ public holidays which occur during the leave.
32.8 An employee who
is on call on an award/ public holiday shall be entitled to another day off in
lieu.
33.
Rostered Days Off
33.1 A rostered day
off occurs in the system of working a 9-day fortnight and is defined as a
weekday Monday to Friday on which an employee is not required to work because
the employee has worked additional time which has accrued towards a day off.
The normal working arrangement for employees is nine
eight-hour days per fortnight and RDO’s are normally taken on a Monday or
Friday.
This may be varied using a Workplace Flexibility
Agreement.
33.2 Employees can
accumulate up to five RDO’s which can be taken at any time subject to mutual
agreement after having regard to the needs of the work area and the needs of
the employees.
When an employee takes more than two consecutive RDO’s
and another employee acts in his/her job, then that employee shall be eligible
for higher grade pay.
33.3 If employees
need time off to look after a sick relative or for an emergency or unforseen
event, they are encouraged to use accumulated RDO’s or to take an RDO in
advance. In all circumstances, the
employee should provide his/ her manager with as much notice as possible before
commencing the absence.
33.4 The number of
RDO’s which an employee may take in a year when 4 weeks’ annual leave is taken,
is limited to 24.
34.
Terms of Employment
34.1 Energy
Australia shall give an employee the following periods of notice or payment in
lieu:
Employee's period of
continuous service with Energy
|
Period of Notice
|
Australia (See Clause 35 Calculation of Service)
|
|
Less than 1 year
|
1 week
|
Between 1 and 3 years
|
2 weeks
|
Between 3 and 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
This period of notice given by Energy Australia is
increased by one week if the employee is over 45 years of age and has completed
at least two years of continuous service with Energy Australia.
This shall not limit Energy Australia's right to
dismiss an employee without notice for serious misconduct. Employees shall
provide Energy Australia with not less than one week's notice of termination or
forfeit one week's wages in lieu.
34.2 If an employee
is absent without notifying Energy Australia for a continuous period of five
working days (including RDO’s) without reasonable cause, they will be
considered to have abandoned their employment and may be dismissed effective
from the last day actually worked.
34.3 The decision to
dismiss an employee shall rest with the relevant General Manager.
34.4 An employee may
retire from Energy Australia after reaching 55 years of age.
34.5 An employee may
be required to work reasonable overtime, unless the employee has reasonable
grounds for refusing.
34.6 Money cannot be
deducted from an employee's pay without written authority from the employee
except where an employee leaves Energy Australia and annual leave has been taken in advance but has not yet
accrued on a pro rata basis.
34.7 Employees are
not entitled to pay in the following circumstances:
34.7.1 where
an employee is absent without authorisation, or
34.7.2 where
an employee is absent due to sickness but has no entitlement to paid sick
leave, or
34.8 Suspension
without pay for an appropriate time may be applied as an alternative to
dismissal. This should be discussed
with the employee and the relevant union before a final decision is made.
35.
Calculation of Service
35.1 All service as
an apprentice, trainee or cadet shall count towards service entitlements under
this Award.
35.2 The following
periods will not count for service and will not break the continuity of service
with Energy Australia:
Sick leave without pay
Parental leave without pay
Leave without pay, whether authorised or not
Career Break.
Leave without pay can be assessed on a case-by-case
basis by Energy Australia to determine whether or not it will count for
service.
35.3 Where Energy
Australia has terminated an employee's employment because of ill health or
injury, and the employee is subsequently retired, the total length of service
shall be taken into account in calculating the employee's entitlements.
35.4 Employees who
commenced duties with Energy Australia as a result of the amalgamations and
mergers of Shires, Municipalities and County Councils on or prior to 1 January
1980 and mergers in 1995 shall have their previous service recognised in
calculating their service entitlements.
35.5 From date of
corporatisation of Energy Australia, 1st March 1996, the following service
counts for long service (extended) leave purposes for staff employed by Energy
Australia as at 1st March 1996:
Prior service with approved Government Departments will
be recognised. This provision only applies for employees who were employed
before 1 March 1996.
Prior service with approved NSW Authorities will be
recognised.
Prior service with former local government regulated
distributors which were engaged in electricity distribution will be recognised.
Prior service with approved State-Owned Corporations
will be recognised.
Prior service with the Australian Public Service will
no longer be recognised after 1 March, 1996.
35.6 New employees
recruited from the New South Wales Public Service after 1st March 1996, will
continue to have the option of transferring their existing extended leave,
recreation leave and sick leave balances to Energy Australia, subject to the
existing arrangements for transfer of funds from the previous employer.
35.7 For the
purposes of 35.5 and 35.6 above, the period of service for recognition must be
‘continuous’, which is defined as follows:
the employee entered on duty in Energy Australia on the
next working day following cessation of employment with the recognised former
employer; or
the employee has been accepted for employment by Energy
Australia prior to the last day of service with the recognised former employer,
in which case a break of up to 2 months may be allowed between cessation of
duty with the former recognised employer and commencement of employment with
Energy Australia.
36.
Cashing in Sick Leave
36.1 Where an
employee retires at age 55 or above or accepts voluntary redundancy/early
retirement or is retired on medical grounds arising from illness or accident,
the employee shall be paid at the ordinary rate of pay applicable to the
employee's appointed grade at the date of termination for his/her accumulated
untaken sick leave up to the date of termination as calculated below.
36.2 The maximum
number of hours of sick leave that may be cashed-in is to be calculated as
follows:
Step 1: Calculate
the number of hours of accumulated sick leave, as at the date of termination of
employment.
Step 2: Calculate
the number of hours of accumulated sick leave, as at 15 February 1993, that the
employee could have cashed-in if his or her employment had been terminated
immediately before 15 February 1993.
The maximum number of hours of accumulated sick leave
that may be cashed-in is the lesser of the numbers calculated under Step 1 and
Step 2.
36.3 The intention
of sub-clauses 36.1 and 36.2 above is to ensure that when an employee is
obliged to use sick leave credits accumulated prior to 15 February 1993, then
such leave will be recredited to the pre 15 February 1993 balance when the
employee is again entitled to the annual sick leave credits available in the
following year of service.
37.
Excess Travel
37.1 Excess travel
time is defined as additional travelling time incurred by an employee in the following
circumstances where:
(i) the employee
is directed to start work at a location which takes longer to travel to or from
their home than to the usual place of work;
(ii) the employee
is transferred to a new place of work which takes longer to travel to or from
their home than to the former place of work.
See also sub-clause 37.2.
(iii) the employee
is required to work overtime or is called out on a day which is not their
normal working day. See also sub-clause
37.5.
Where the employee does not have a usual place of work
but instead has a nominal headquarters to which they are attached, for the
purpose of calculating excess travel the headquarters are treated as the usual
place of work.
37.2 Where an
employee is transferred to a new place of work, payment for any excess travel
shall only continue for the first six months.
This does not include transfers or appointments made at the employee’s
request or which are made for disciplinary reasons.
37.3 Payments for
excess travel shall be calculated by estimating the actual travel time and
distance by road. Excess travel time
shall be calculated at ordinary rates for journeys undertaken Monday to
Saturday inclusive and at ordinary time plus a half on Sundays and award/public
holidays. This does not apply to travel
time undertaken for a call-out which is covered in sub-clause 37.5.
Reimbursement for the distance travelled is not paid in
any circumstances where an employee travels in an Energy Australia vehicle.
37.4 Excess travel
is not paid for journeys undertaken during work time.
37.5 Where an
employee is called out, all travelling time is paid at the appropriate overtime
rate. The minimum payment of four hours
includes any excess travel time where the total time for the job plus travel to
and from the job is four hours or less.
37.6 An employee
will be paid for his/her actual excess travel time and fares or the amount
calculated under 37.3 above, whichever is the greater. Where an employee believes he/she has not at
least been paid for the actual excess travel time and fares, he/she should
submit a claim providing sufficient details about the actual mode of transport
and the duration of travel for the claim to be assessed and paid.
37.7 Employees who
travel in an Energy Australia vehicle are only entitled to payment for any
excess travel time which exceeds 30 minutes per journey except when they are
called out or work overtime on a day which is not a normal working day, in this
case they are entitled to payment for all travelling time.
37.8 Notwithstanding
subclause 37.7 above, employees who travel to and from work in an Energy
Australia vehicle shall not be entitled to payment for excess travel if the
payment means it is no longer worthwhile to Energy Australia for the employee
to take a vehicle to and from work.
Payment for excess travel to employees who use an Energy Australia
vehicle must be authorised by the relevant General Manager.
37.9 This clause
shall not apply to employees working in positions at or above Pay Point 54
unless otherwise approved.
37.10 This clause
applies except where a Local Workplace Flexibility Agreement is in place.
38.
Provision of Transport
Where an employee is directed to work overtime or on a shift
on which they are not regularly rostered and they finish work at a time when
reasonable means of transport is not available, Energy Australia shall provide
the employee with a conveyance to the employee's home.
39.
Protective Clothing and Equipment
39.1 Each employee
shall be responsible for the proper care of tools and proper care and
laundering of protective clothing issued to them.
39.2 New protective
clothing and equipment and tools will be issued as required to replace items
which are subject to normal wear and tear.
39.3 Employees will
be issued with protective clothing, tools and equipment which is suitable for
carrying out work safely in the prevailing conditions.
39.4 Employees may
be required to replace any protective clothing, tools or equipment which is
damaged as a result of misuse or negligence.
39.5 Employees are
not permitted to use protective clothing, tools, vehicles or equipment which is
provided by Energy Australia while engaged in any employment other than with
Energy Australia.
39.6 Employees who
are provided with protective clothing shall wear it.
39.7 Energy
Australia’s policy on protective clothing will be based on the recommendations
of the joint employer/employee/union Clothing Committee.
40.
Higher Grade Pay
40.1 The
introduction of skills-based classifications will mean that higher grade pay
will no longer be applicable within classification groupings because employees
will be paid for the full range of duties that they would be expected to use
from time to time. Higher Grade duties
would still apply where employees take on higher responsibilities and duties
which are beyond the scope of their classification grouping - e.g. a Technician
acting as a Field Co-ordinator, Superintendent etc.
40.2 Employees who
are required to carry out duties of a higher grade which are not recognised
within the scope of their normal classification grouping shall be paid the
appropriate higher rate for the actual period involved, provided they carry out
the duties for a minimum of one hour continuously.
40.3 If an employee
has been receiving higher grade pay for a continuous period of 13 weeks
immediately prior to commencing annual leave, sick leave or accident leave, the
employee will be paid the higher grade rate for the duration of the
absence. Absences on approved leave of
five days or less aggregate duration will not cause a break in continuity for
the purposes of this sub-clause. In all
cases, the payment of higher grade pay whilst on leave will not exceed six
months duration. Breaks in Higher Grade duties of five days or less aggregate
duration shall not cause a break in continuity for the purposes of this sub
clause.
40.4 Award/public
holidays during a period of higher grade duty will be paid at the higher rate.
40.5 The higher
grade rate will not apply to long service leave or payments made for service
entitlements at the termination of employment.
40.6 Higher grade
pay is paid to an employee who is required to perform higher grade duties to
cover the work of an employee who is absent for more than 2 days taken as RDOs.
40.7 Undertaking on
the job training in a higher graded position does not entitle an employee to
higher grade pay unless the person is actually given responsibility for the job
- e.g. in a relief role.
40.8 Except where an
employee is relieving in a vacancy created by an employee on approved leave
such as parental leave or long service leave or the work area is being
restructured, a period of higher grade pay shall not continue for more than six
months before the job is advertised.
41.
Superannuation
41.1 Supplementary Superannuation
This sub-clause apply to employees who:
41.1.1 were
employed by Sydney County Council on or before 31 March 1977; and
41.1.2 contributed
to the same Local Government Superannuation Scheme on 30 April 1990 that he/she
was contributing to on 31 March 1977; and
41.1.3 compulsorily
transferred to the State Authorities Superannuation Scheme on May 1990; and
41.1.4 have
completed at least 20 years’ continuous service with Energy Australia and
Sydney County Council; and
41.1.5 retired
age, retired ill-health was dismissed for reasons other than misconduct, took
voluntary redundancy or died whilst still employed.
41.1.6 Employees who meet all the above conditions
shall be paid a supplementary superannuation benefit equal to the difference
between:
41.1.6
E =
|
3.5 + 0.07 (S - 20)
|
|
|
|
|
|
|
where
|
E = the employee’s
entitlement measured in weeks of pay per year of service at
|
|
their ordinary rate.
|
|
|
|
|
|
|
and
|
S = 45 or the total
number of years service (including a portion for part
|
|
completed years to the
nearest whole month) whichever is the lesser.
|
41.1.7 The
monetary benefits directly attributable to all payments made or to be made in
respect of the employee by Energy Australia or any other employer under the
provisions of the Local Government and
other Authorities (Superannuation) Act 1927 and the State Authorities Superannuation Act 1987 or it successor.
41.1.8 This
clause shall not apply to an employee who is a contributor under the provisions
of the Superannuation Act 1916.
41.1.9 This
clause also applies to employees who were formerly employed by a County Council
and who were transferred to Energy Australia on 1 January 1980 provided that:
41.1.10 they
maintained continuity of service in the transfer;
41.1.11 they
fulfil the requirements in sub-clause 40.1.1 of this clause:
if they meet these criteria, service with Brisbane
Waters, St George and MacKellar County Councils prior to being transferred to
Energy Australia on 1 January 1980 will be counted in calculating any entitlement
under this clause.
41.1.12 This
sub-clause applies to employees who were employed by the former Shortland
County Council/Orion Energy.
Where the service of an employee is terminated by
retirement age, retirement ill health or death, the employee, or in the latter
case, his legal representative, shall be paid a severance allowance equal to:
the amount calculated at the rate of the employee’s
final average salary as defined in Section 24 of Part V of the Public Authorities Superannuation Act,
1985, payable at the date of termination based on 5.616 weeks for each
completed year the employee was a contributor under the aforesaid Act and
proportionately for any fraction of a year on a monthly basis with a maximum
period of 224.64 weeks.
Less:
the monetary benefits directly attributable to all
payments made or to be made in respect of the employee by the provisions of the
Public Authorities Superannuation Act,
1985 those benefits being the amount calculated in accordance with the formula
set out in Section 26 of the said Act.
41.1.13 Notwithstanding
the above mentioned provisions, the severance allowance payable to an employee
or an employee’s legal representative shall not exceed a sum equivalent to two
(2) weeks salary or wage for each year of the employee’s local government
service and proportionately for a fraction of a year on a monthly basis.
41.2 Default Superannuation Scheme
Subject to the provisions of
relevant superannuation legislation, employees under this Award will have their
superannuation contributions paid into the Energy Industries Superannuation
Scheme (EISS).
41.3 Wage Sacrifice
To Superannuation
41.3.1 An
employee may elect in lieu of being paid an amount of wages to have an
equivalent amount paid by way of Superannuation contributions in accordance
with the relevant provisions of the EISS.
41.3.2 Where
an employee has elected to have an amount paid by way of Superannuation
contributions in lieu of wages, any allowance, penalty, payment for unused
leave entitlements, weekly worker’s compensation or other payment, other than
any payment for leave taken in service to which an employee is entitled under
this Award or any applicable award, act or statute which is expressed to be
determined by reference to an employee’s wage, shall be calculated by reference
to the actual wages paid to the employee and the amount paid under clause
41.3.1 by way of Superannuation contributions.
41.3.3 Subject
to the provisions of relevant superannuation legislation, any Superannuation
contributions paid under clause 41.3 shall be paid to the EISS.
41.3.4 The
employee may elect to have an amount paid by way of Superannuation
contributions in lieu of wages on joining Energy Australia and thereafter may
alter the amount paid by way of Superannuation contributions under clause 41.3
with effect from 1 July each year.
41.3.5 An
election to have Superannuation contributions paid in lieu of an amount of
wages shall be in writing and may only be made with the consent of both the
employee and Energy Australia.
42.
Apprentices
42.1 Apprentices who
are appointed to a trades position in Energy Australia, shall be paid the
appropriate full adult rate.
42.2 Where
apprentices commence an apprenticeship, at the age of 21 or greater, they shall
be paid the adult apprentices rates in Appendix 1E. Adult apprentices employed
with Energy Australia will retain their existing rate of pay until that rate is
exceeded by the adult apprentice rates in Appendix 1E.
42.3 Apprentices may
not be required to undertake shiftwork or overtime where it clashes with their
training.
43.
Miscellaneous Conditions of Employment
43.1 An employee who
is, on or below Pay Point 40, and is required to be an authorised motor vehicle
driver or who is required to hold a licence to operate plant or equipment will
have the cost of that licence/s reimbursed.
43.2 Nominated
employees who are required to take or make business calls at home will be
reimbursed the cost of phone rental and/or business calls as determined by
Energy Australia or provided with a mobile phone.
43.3 On the death of
an employee, all their outstanding entitlements and accruals will be paid to
their estate.
43.4 An employee who
is authorised and agrees to use a private motor vehicle in the course of their
employment shall be paid the rate in Appendix 1D, Extra Rates, Item No 28 if
the employee maintains the minimum of third party property damage insurance
policy on that vehicle. However,
wherever possible employees should use an Energy Australia vehicle for all
purposes connected with their employment.
43.5 Where an
employee is supplied with a residence (with or without concessions) the weekly
value of such residence (and concessions) shall be agreed upon from time to
time between the Parties, and in the event of failure to agree shall be
referred to the Conciliation Committee.
44. Anti-Discrimination
44.1 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 (colour, ethnic, or
ethno-religious background, descent or nationality), sex (including pregnancy),
marital status, disability, homosexuality, transgender identity, age and
carer’s responsibilities.
44.2 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 fulfilment of these obligations for the parties to make
application to vary any provision of the award which, by its terms or operation,
has a direct or indirect discriminatory effect.
44.3 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.
44.4 Nothing in this clause is to be taken to
affect:
44.4.1 any conduct or act which is
specifically exempted from anti-discrimination legislation
44.4.2 offering or providing junior
rates of pay to persons under 21 years of age;
44.4.3 any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
44.4.4 a party to this award from
pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
44.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
45. Union
Delegates’ Charter
45.1 Energy Australia shall be able to:
45.1.1 Expect that employees, be they
Union Delegates or not, will perform the job in which they are employed.
45.1.2 Be given reasonable notice by
Delegates that they intend to carry out their Union duties.
45.1.3 Expect that Union Delegate/s
shall not be able to claim or be paid overtime for attendance at Delegates
meetings organised during normal working hours.
45.2 Union Delegates shall be able to:
45.2.1 Approach, or be approached by a
member for the payment of Union dues or other payments, or to discuss any
matter related to this member’s employment, during working hours.
45.2.2 After obtaining the permission of
the employer move freely for the purpose of consulting other Delegates during
working hours.
45.2.3 To negotiate with management
together with other union delegates on behalf of all or part of the members on
any matters in accord with Union policy affecting the employment of members who
work in Energy Australia.
45.2.4 Call meetings and for members to
attend these meetings on the job. Such meetings are to be outside of work time
unless prior permission is obtained from management.
45.2.5 Have protection from
victimisation and this right to be expressed in prohibiting the employer from
seeking to separate the delegate from the union members who elected them
without first consulting the union.
45.2.6 Have access to a telephone and
computer, including email and to have within their work proximity suitable
cupboards and furniture to enable them to keep records, union circulars,
receipt books etc. so as to efficiently carry out their union responsibilities.
45.2.7 Attend meetings and training held
by the Union in which they hold office without loss of any rights following the
approval of Energy Australia. Attendance at these meetings shall be permitted
according to the provisions of Clause 28 of the Energy Australia Award (Special
Leave).
45.2.8 Have all agreements and
arrangements negotiated with Energy Australia set out in writing and for these
agreements and arrangements, including Awards, to be provided to delegates on
request.
45.2.9 Place notices on defined union
noticeboards.
Appendix 1
Energy Australia’s - Pay Rates And
Allowances
On
and from 19 December 2002
Appendix 1A - Energy Australia Junior Rates of Pay
Appendix 1B - Energy Australia Adult Rates of Pay
Appendix 1C - Energy Australia Shiftworkers (7x3/ 7x2) Rates
of Pay
Appendix 1D - Energy Australia Allowances and Extra Rates
Appendix 1E - Energy Australia Adult Apprentice Rates of Pay
Appendix 1A
Energy Australia - Junior Rates of Pay on and from 19 December 2002
Pay Point
|
Yearly Rate
|
Total Weekly
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
J1
|
12,541
|
240.25
|
6.67
|
6.86
|
J1
|
J2
|
13,181
|
252.51
|
7.01
|
7.21
|
J2
|
J3
|
13,834
|
265.02
|
7.36
|
7.57
|
J3
|
J4
|
14,521
|
278.18
|
7.73
|
7.95
|
J4
|
J5
|
15,245
|
292.05
|
8.11
|
8.34
|
J5
|
J6
|
16,009
|
306.69
|
8.52
|
8.76
|
J6
|
J7
|
16,810
|
322.02
|
8.95
|
9.20
|
J7
|
J8
|
17,650
|
338.12
|
9.39
|
9.66
|
J8
|
J9
|
18,527
|
354.92
|
9.86
|
10.14
|
J9
|
J10
|
19,459
|
372.77
|
10.35
|
10.65
|
J10
|
J11
|
20,430
|
391.38
|
10.87
|
11.18
|
J11
|
J12
|
21,447
|
410.86
|
11.41
|
11.74
|
J12
|
J13
|
22,525
|
431.51
|
11.99
|
12.33
|
J13
|
J14
|
23,642
|
452.90
|
12.58
|
12.94
|
J14
|
J15
|
24,830
|
475.67
|
13.21
|
13.59
|
J15
|
J16
|
26,060
|
499.23
|
13.87
|
14.26
|
J16
|
J17
|
27,378
|
524.49
|
14.57
|
14.99
|
J17
|
J18
|
28,737
|
550.52
|
15.29
|
15.73
|
J18
|
Appendix 1B
Energy Australia - Adult Rates of Pay on and from 19 December 2002
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
1
|
29,451
|
564.20
|
15.67
|
16.12
|
1
|
2
|
30,032
|
575.33
|
15.98
|
16.44
|
2
|
3
|
30,615
|
586.49
|
16.29
|
16.76
|
3
|
4
|
31,207
|
597.84
|
16.61
|
17.08
|
4
|
5
|
31,819
|
609.56
|
16.93
|
17.42
|
5
|
6
|
32,432
|
621.30
|
17.26
|
17.75
|
6
|
7
|
33,065
|
633.43
|
17.60
|
18.10
|
7
|
8
|
33,719
|
645.96
|
17.94
|
18.46
|
8
|
9
|
34,389
|
658.79
|
18.30
|
18.82
|
9
|
10
|
35,082
|
672.07
|
18.67
|
19.20
|
10
|
11
|
35,782
|
685.48
|
19.04
|
19.59
|
11
|
12
|
36,498
|
699.20
|
19.42
|
19.98
|
12
|
13
|
37,239
|
713.39
|
19.82
|
20.38
|
13
|
14
|
37,978
|
727.55
|
20.21
|
20.79
|
14
|
15
|
38,732
|
741.99
|
20.61
|
21.20
|
15
|
16
|
39,504
|
756.78
|
21.02
|
21.62
|
16
|
17
|
40,297
|
771.97
|
21.44
|
22.06
|
17
|
18
|
41,099
|
787.34
|
21.87
|
22.50
|
18
|
19
|
41,933
|
803.31
|
22.31
|
22.95
|
19
|
20
|
42,772
|
819.39
|
22.76
|
23.41
|
20
|
21
|
43,627
|
835.77
|
23.22
|
23.88
|
21
|
22
|
44,488
|
852.26
|
23.67
|
24.35
|
22
|
23
|
45,382
|
869.39
|
24.15
|
24.84
|
23
|
24
|
46,291
|
886.80
|
24.63
|
25.34
|
24
|
25
|
47,217
|
904.54
|
25.13
|
25.84
|
25
|
26
|
48,155
|
922.51
|
25.63
|
26.36
|
26
|
27
|
49,125
|
941.09
|
26.14
|
26.89
|
27
|
28
|
50,104
|
959.85
|
26.66
|
27.42
|
28
|
29
|
51,107
|
979.06
|
27.20
|
27.97
|
29
|
30
|
52,140
|
998.85
|
27.75
|
28.54
|
30
|
31
|
53,170
|
1,018.58
|
28.29
|
29.10
|
31
|
32
|
54,249
|
1,039.25
|
28.87
|
29.69
|
32
|
33
|
55,327
|
1,059.90
|
29.44
|
30.28
|
33
|
34
|
56,428
|
1,081.00
|
30.03
|
30.89
|
34
|
35
|
57,554
|
1,102.57
|
30.63
|
31.50
|
35
|
36
|
58,710
|
1,124.71
|
31.24
|
32.13
|
36
|
37
|
59,888
|
1,147.28
|
31.87
|
32.78
|
37
|
38
|
61,084
|
1,170.19
|
32.51
|
33.43
|
38
|
39
|
62,302
|
1,193.52
|
33.15
|
34.10
|
39
|
40
|
63,554
|
1,217.51
|
33.82
|
34.79
|
40
|
41
|
64,819
|
1,241.74
|
34.49
|
35.48
|
41
|
42
|
66,114
|
1,266.55
|
35.18
|
36.19
|
42
|
43
|
67,431
|
1,291.78
|
35.88
|
36.91
|
43
|
44
|
68,784
|
1,317.70
|
36.60
|
37.65
|
44
|
45
|
70,156
|
1,343.98
|
37.33
|
38.40
|
45
|
46
|
71,574
|
1,371.15
|
38.09
|
39.18
|
46
|
47
|
73,001
|
1,398.49
|
38.85
|
39.96
|
47
|
48
|
74,456
|
1,426.36
|
39.62
|
40.75
|
48
|
49
|
75,952
|
1,455.02
|
40.42
|
41.57
|
49
|
50
|
77,467
|
1,484.04
|
41.22
|
42.40
|
50
|
51
|
79,022
|
1,513.83
|
42.05
|
43.25
|
51
|
52
|
80,596
|
1,543.98
|
42.89
|
44.11
|
52
|
53
|
82,212
|
1,574.94
|
43.75
|
45.00
|
53
|
54
|
83,853
|
1,606.38
|
44.62
|
45.90
|
54
|
55
|
85,539
|
1,638.68
|
45.52
|
46.82
|
55
|
56
|
87,246
|
1,671.38
|
46.43
|
47.75
|
56
|
57
|
88,984
|
1,704.67
|
47.35
|
48.70
|
57
|
58
|
90,766
|
1,738.81
|
48.30
|
49.68
|
58
|
59
|
92,591
|
1,773.77
|
49.27
|
50.68
|
59
|
60
|
94,432
|
1,809.04
|
50.25
|
51.69
|
60
|
Appendix 1C
Energy Australia - Shiftworkers (7x3/ 7x2) Rates of Pay on and from 19
December 2002
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
10.1
|
35,194.00
|
674.21
|
18.73
|
19.26
|
10.1
|
11.1
|
35,896.50
|
687.67
|
19.10
|
19.65
|
11.1
|
12.1
|
36,614.00
|
701.42
|
19.48
|
20.04
|
12.1
|
13.1
|
37,358.16
|
715.67
|
19.88
|
20.45
|
13.1
|
14.1
|
38,111.00
|
730.10
|
20.28
|
20.86
|
14.1
|
15.1
|
38,865.00
|
744.54
|
20.68
|
21.27
|
15.1
|
16.1
|
39,643.00
|
759.44
|
21.10
|
21.70
|
16.1
|
17.1
|
40,425.95
|
774.44
|
21.51
|
22.13
|
17.1
|
18.1
|
41,237.00
|
789.98
|
21.94
|
22.57
|
18.1
|
19.1
|
42,073.00
|
806.00
|
22.39
|
23.03
|
19.1
|
20.1
|
42,911.00
|
822.05
|
22.83
|
23.49
|
20.1
|
21.1
|
43,757.00
|
838.26
|
23.28
|
23.95
|
21.1
|
22.1
|
44,629.00
|
854.96
|
23.75
|
24.43
|
22.1
|
23.1
|
45,527.22
|
872.17
|
24.23
|
24.92
|
23.1
|
24.1
|
46,445.00
|
889.75
|
24.72
|
25.42
|
24.1
|
25.1
|
47,368.09
|
907.43
|
25.21
|
25.93
|
25.1
|
26.1
|
48,320.00
|
925.67
|
25.71
|
26.45
|
26.1
|
27.1
|
49,291.00
|
944.27
|
26.23
|
26.98
|
27.1
|
28.1
|
50,264.33
|
962.92
|
26.75
|
27.51
|
28.1
|
29.1
|
51,276.00
|
982.30
|
27.29
|
28.07
|
29.1
|
30.1
|
52,300.00
|
1,001.92
|
27.83
|
28.63
|
30.1
|
31.1
|
53,340.14
|
1,021.84
|
28.38
|
29.20
|
31.1
|
32.1
|
54,419.00
|
1,042.51
|
28.96
|
29.79
|
32.1
|
33.1
|
55,515.00
|
1,063.51
|
29.54
|
30.39
|
33.1
|
34.1
|
56,608.57
|
1,084.46
|
30.12
|
30.98
|
34.1
|
35.1
|
57,744.00
|
1,106.21
|
30.73
|
31.61
|
35.1
|
36.1
|
58,915.00
|
1,128.64
|
31.35
|
32.25
|
36.1
|
37.1
|
60,092.00
|
1,151.19
|
31.98
|
32.89
|
37.1
|
38.1
|
61,279.47
|
1,173.94
|
32.61
|
33.54
|
38.1
|
39.1
|
62,501.37
|
1,197.34
|
33.26
|
34.21
|
39.1
|
40.1
|
63,757.37
|
1,221.41
|
33.93
|
34.90
|
40.1
|
41.1
|
65,037.00
|
1,245.92
|
34.61
|
35.60
|
41.1
|
42.1
|
66,325.56
|
1,270.60
|
35.29
|
36.30
|
42.1
|
43.1
|
67,646.78
|
1,295.92
|
36.00
|
37.03
|
43.1
|
44.1
|
69,003.00
|
1,321.90
|
36.72
|
37.77
|
44.1
|
45.1
|
70,380.50
|
1,348.29
|
37.45
|
38.52
|
45.1
|
46.1
|
71,803.04
|
1,375.54
|
38.21
|
39.30
|
46.1
|
47.1
|
73,234.60
|
1,402.96
|
38.97
|
40.08
|
47.1
|
48.1
|
74,694.26
|
1,430.92
|
39.75
|
40.88
|
48.1
|
49.1
|
76,198.00
|
1,459.73
|
40.55
|
41.71
|
49.1
|
Appendix 1D
Energy Australia - Allowances And Extra Rates on and from 19 December
2002
Item
|
Code
|
Allowances &
Extra Rates
|
Rate
|
|
|
|
$
|
1
|
FAA
|
First Aid Attendant
|
3.38 per day
|
2
|
FAI
|
First Aid Instructor
|
15.36 per week
|
3
|
SHA
|
Afternoon / Night Shift
|
30.00 per shift
|
4
|
EMSA
|
Early Morning Shift
|
15.00 per shift
|
5
|
O/C
|
On Call
|
160.00 per week
|
6
|
O/C1
|
On Call Weekday
|
32.00 per day
|
7
|
O/C2
|
On Call Weekend
|
40.00 per day
|
8
|
TOOL
|
Tool Allowance (Tradesman)
($483.89 p.a.)
|
9.27 per week
|
|
TOOL
|
Tool Allowance
(Non-Tradesman) ($290.23 p.a.)
|
5.56 per week
|
9
|
MEAL
|
Meal Allowance
|
9.89 per frequency
|
10
|
CDMB
|
Charge Depot Meal Break
|
4.10 per day
|
11
|
CPLB
|
Charge Plant Meal Break
|
3.36 per day
|
12
|
MFA
|
Employee Working In
Customer Service Centre
|
5.00 per day
|
13
|
ASB
|
Asbestos
|
0.59 per hour
|
14
|
ASE
|
Asbestos Eradication
|
1.76 per hour
|
15
|
ACMP
|
Air Compressor
Attendant
|
0.23 per hour
|
16
|
INSL
|
Insulwool
|
0.59 per hour
|
17
|
DIRT
|
Dirt
|
3.40 per day
|
18
|
COMM
|
Community Language
(from 1/7/02 $812.00 p.a.)
|
15.56 per week
|
19
|
SUST
|
Sustenance Allowance -
Prepaid Accommodation
|
62.00 per day
|
|
|
- Single location up to
35 days, no prepaid accom.
|
192.00 per day
|
|
|
- Single location after
35 days, no prepaid accom.
|
142.00 per day
|
20
|
SR
|
Safety Rules
|
22.72 per week
|
21
|
SR80
|
Non-Elec Trade Safety
Rules - 80%
|
18.18 per week
|
22
|
SREO
|
Eso Safety Rules - 60%
|
13.63 per week
|
23
|
EL
|
Electrician's Licence
(From 2/7/2002)
|
26.90 per week
|
24
|
PRA
|
Plumbers Registration
(From 18/9/01)
|
20.90 per week
|
25
|
PTA
|
Plumbers Tool (From
18/9/2001)
|
20.90 per week
|
26
|
PLTA
|
Plasterers Tool (From
18/9/2001)
|
17.20 per week
|
27
|
CTA
|
Carpenters Tool (From
18/9/2001)
|
20.90 per week
|
28
|
VEH
|
Private Vehicle Usage
|
ATO rates
|
Appendix 1E
Energy Australia - Adult Apprentice Rates of Pay on and from 19
December 2002
Classification
|
Rates of Pay
(weekly)
|
|
$
|
1st Year Adult
Apprentice
|
475.66
|
2nd Year Adult
Apprentice
|
524.48
|
3rd Year Adult
Apprentice
|
550.51
|
4th Year Adult
Apprentice
|
575.30
|
Appendix 2
Energy
Australia’s - Pay Rates and Allowances
On and from 19 June 2003
Appendix 2A - Energy Australia Junior Rates of Pay
Appendix 2B - Energy Australia Adult Rates of Pay
Appendix 2C - Energy Australia Shiftworkers (7x3/ 7x2) Rates
of Pay
Appendix 2D - Energy Australia Allowances and Extra Rates
Appendix 2E - Energy Australia Adult Apprentice Rates of Pay
Appendix 2A
Energy Australia - Junior Rates of Pay on and from 19 June 2003
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
J1
|
12,792.00
|
245.06
|
6.81
|
7.00
|
J1
|
J2
|
13,445.00
|
257.57
|
7.15
|
7.36
|
J2
|
J3
|
14,111.00
|
270.33
|
7.51
|
7.72
|
J3
|
J4
|
14,811.00
|
283.74
|
7.88
|
8.11
|
J4
|
J5
|
15,550.00
|
297.89
|
8.27
|
8.51
|
J5
|
J6
|
16,329.00
|
312.82
|
8.69
|
8.94
|
J6
|
J7
|
17,147.00
|
328.49
|
9.12
|
9.39
|
J7
|
J8
|
18,003.00
|
344.89
|
9.58
|
9.85
|
J8
|
J9
|
18,899.00
|
362.05
|
10.06
|
10.34
|
J9
|
J10
|
19,847.00
|
380.21
|
10.56
|
10.86
|
J10
|
J11
|
20,838.00
|
399.20
|
11.09
|
11.41
|
J11
|
J12
|
21,877.00
|
419.10
|
11.64
|
11.97
|
J12
|
J13
|
22,974.00
|
440.11
|
12.23
|
12.57
|
J13
|
J14
|
24,114.00
|
461.95
|
12.83
|
13.20
|
J14
|
J15
|
25,327.00
|
485.19
|
13.48
|
13.86
|
J15
|
J16
|
26,581.00
|
509.21
|
14.14
|
14.55
|
J16
|
J17
|
27,925.00
|
534.96
|
14.86
|
15.28
|
J17
|
J18
|
29,312.00
|
561.53
|
15.60
|
16.04
|
J18
|
Appendix 2B
Energy Australia - Adult Rates of Pay on and from 19 June 2003
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
1
|
30,040
|
575.48
|
15.99
|
16.44
|
1
|
2
|
30,633
|
586.84
|
16.30
|
16.77
|
2
|
3
|
31,227
|
598.22
|
16.62
|
17.09
|
3
|
4
|
31,831
|
609.79
|
16.94
|
17.42
|
4
|
5
|
32,455
|
621.74
|
17.27
|
17.76
|
5
|
6
|
33,081
|
633.74
|
17.60
|
18.11
|
6
|
7
|
33,726
|
646.09
|
17.95
|
18.46
|
7
|
8
|
34,393
|
658.87
|
18.30
|
18.82
|
8
|
9
|
35,077
|
671.97
|
18.67
|
19.20
|
9
|
10
|
35,784
|
685.52
|
19.04
|
19.59
|
10
|
11
|
36,498
|
699.20
|
19.42
|
19.98
|
11
|
12
|
37,228
|
713.18
|
19.81
|
20.38
|
12
|
13
|
37,984
|
727.66
|
20.21
|
20.79
|
13
|
14
|
38,738
|
742.11
|
20.61
|
21.20
|
14
|
15
|
39,507
|
756.84
|
21.02
|
21.62
|
15
|
16
|
40,294
|
771.92
|
21.44
|
22.05
|
16
|
17
|
41,103
|
787.41
|
21.87
|
22.50
|
17
|
18
|
41,921
|
803.08
|
22.31
|
22.95
|
18
|
19
|
42,772
|
819.39
|
22.76
|
23.41
|
19
|
20
|
43,627
|
835.77
|
23.22
|
23.88
|
20
|
21
|
44,500
|
852.49
|
23.68
|
24.36
|
21
|
22
|
45,378
|
869.31
|
24.15
|
24.84
|
22
|
23
|
46,290
|
886.78
|
24.63
|
25.34
|
23
|
24
|
47,217
|
904.54
|
25.13
|
25.84
|
24
|
25
|
48,161
|
922.62
|
25.63
|
26.36
|
25
|
26
|
49,118
|
940.96
|
26.14
|
26.88
|
26
|
27
|
50,108
|
959.92
|
26.66
|
27.43
|
27
|
28
|
51,106
|
979.04
|
27.20
|
27.97
|
28
|
29
|
52,129
|
998.64
|
27.74
|
28.53
|
29
|
30
|
53,183
|
1,018.83
|
28.30
|
29.11
|
30
|
31
|
54,233
|
1,038.95
|
28.86
|
29.68
|
31
|
32
|
55,334
|
1,060.04
|
29.45
|
30.29
|
32
|
33
|
56,434
|
1,081.11
|
30.03
|
30.89
|
33
|
34
|
57,557
|
1,102.62
|
30.63
|
31.50
|
34
|
35
|
58,705
|
1,124.62
|
31.24
|
32.13
|
35
|
36
|
59,884
|
1,147.20
|
31.87
|
32.78
|
36
|
37
|
61,086
|
1,170.23
|
32.51
|
33.44
|
37
|
38
|
62,306
|
1,193.60
|
33.16
|
34.10
|
38
|
39
|
63,548
|
1,217.39
|
33.82
|
34.78
|
39
|
40
|
64,825
|
1,241.86
|
34.50
|
35.48
|
40
|
41
|
66,115
|
1,266.57
|
35.18
|
36.19
|
41
|
42
|
67,436
|
1,291.88
|
35.89
|
36.91
|
42
|
43
|
68,780
|
1,317.62
|
36.60
|
37.65
|
43
|
44
|
70,160
|
1,344.06
|
37.34
|
38.40
|
44
|
45
|
71,559
|
1,370.86
|
38.08
|
39.17
|
45
|
46
|
73,005
|
1,398.56
|
38.85
|
39.96
|
46
|
47
|
74,461
|
1,426.46
|
39.62
|
40.76
|
47
|
48
|
75,945
|
1,454.89
|
40.41
|
41.57
|
48
|
49
|
77,471
|
1,484.12
|
41.23
|
42.40
|
49
|
50
|
79,016
|
1,513.72
|
42.05
|
43.25
|
50
|
51
|
80,602
|
1,544.10
|
42.89
|
44.12
|
51
|
52
|
82,208
|
1,574.87
|
43.75
|
45.00
|
52
|
53
|
83,856
|
1,606.44
|
44.62
|
45.90
|
53
|
54
|
85,530
|
1,638.51
|
45.51
|
46.81
|
54
|
55
|
87,250
|
1,671.46
|
46.43
|
47.76
|
55
|
56
|
88,991
|
1,704.81
|
47.36
|
48.71
|
56
|
57
|
90,764
|
1,738.77
|
48.30
|
49.68
|
57
|
58
|
92,581
|
1,773.58
|
49.27
|
50.67
|
58
|
59
|
94,443
|
1,809.25
|
50.26
|
51.69
|
59
|
60
|
96,321
|
1,845.23
|
51.26
|
52.72
|
60
|
Appendix 2C
Energy Australia - Shiftworkers (7x3/ 7x2) Rates of Pay on and from 19
June 2003
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
10.1
|
35,897.88
|
687.70
|
19.10
|
19.65
|
10.1
|
11.1
|
36,614.43
|
701.43
|
19.48
|
20.04
|
11.1
|
12.1
|
37,346.28
|
715.45
|
19.87
|
20.44
|
12.1
|
13.1
|
38,105.33
|
729.99
|
20.28
|
20.86
|
13.1
|
14.1
|
38,873.22
|
744.70
|
20.69
|
21.28
|
14.1
|
15.1
|
39,642.30
|
759.43
|
21.10
|
21.70
|
15.1
|
16.1
|
40,435.86
|
774.63
|
21.52
|
22.13
|
16.1
|
17.1
|
41,234.47
|
789.93
|
21.94
|
22.57
|
17.1
|
18.1
|
42,061.74
|
805.78
|
22.38
|
23.02
|
18.1
|
19.1
|
42,914.46
|
822.12
|
22.84
|
23.49
|
19.1
|
20.1
|
43,769.22
|
838.49
|
23.29
|
23.96
|
20.1
|
21.1
|
44,632.14
|
855.02
|
23.75
|
24.43
|
21.1
|
22.1
|
45,521.58
|
872.06
|
24.22
|
24.92
|
22.1
|
23.1
|
46,437.77
|
889.61
|
24.71
|
25.42
|
23.1
|
24.1
|
47,373.90
|
907.55
|
25.21
|
25.93
|
24.1
|
25.1
|
48,315.46
|
925.58
|
25.71
|
26.45
|
25.1
|
26.1
|
49,286.40
|
944.18
|
26.23
|
26.98
|
26.1
|
27.1
|
50,276.82
|
963.16
|
26.75
|
27.52
|
27.1
|
28.1
|
51,269.62
|
982.18
|
27.28
|
28.06
|
28.1
|
29.1
|
52,301.52
|
1,001.94
|
27.83
|
28.63
|
29.1
|
30.1
|
53,346.00
|
1,021.95
|
28.39
|
29.20
|
30.1
|
31.1
|
54,406.95
|
1,042.28
|
28.95
|
29.78
|
31.1
|
32.1
|
55,507.38
|
1,063.36
|
29.54
|
30.38
|
32.1
|
33.1
|
56,625.30
|
1,084.78
|
30.13
|
30.99
|
33.1
|
34.1
|
57,740.74
|
1,106.14
|
30.73
|
31.60
|
34.1
|
35.1
|
58,898.88
|
1,128.33
|
31.34
|
32.24
|
35.1
|
36.1
|
60,093.30
|
1,151.21
|
31.98
|
32.89
|
36.1
|
37.1
|
61,293.84
|
1,174.21
|
32.62
|
33.55
|
37.1
|
38.1
|
62,505.06
|
1,197.41
|
33.26
|
34.21
|
38.1
|
39.1
|
63,751.39
|
1,221.29
|
33.92
|
34.89
|
39.1
|
40.1
|
65,032.52
|
1,245.83
|
34.61
|
35.60
|
40.1
|
41.1
|
66,337.74
|
1,270.84
|
35.30
|
36.31
|
41.1
|
42.1
|
67,652.08
|
1,296.02
|
36.00
|
37.03
|
42.1
|
43.1
|
68,999.71
|
1,321.83
|
36.72
|
37.77
|
43.1
|
44.1
|
70,383.06
|
1,348.33
|
37.45
|
38.52
|
44.1
|
45.1
|
71,788.11
|
1,375.25
|
38.20
|
39.29
|
45.1
|
46.1
|
73,239.10
|
1,403.05
|
38.97
|
40.09
|
46.1
|
47.1
|
74,699.30
|
1,431.02
|
39.75
|
40.89
|
47.1
|
48.1
|
76,188.14
|
1,459.54
|
40.54
|
41.70
|
48.1
|
49.1
|
77,721.96
|
1,488.93
|
41.36
|
42.54
|
49.1
|
Appendix 2D
Energy Australia - Allowances And Extra Rates on and from 19 June 2003
Item
|
Code
|
Allowances &
Extra Rates
|
Rate
|
|
|
|
$
|
1
|
FAA
|
First Aid Attendant
|
3.45 per day
|
2
|
FAI
|
First Aid Instructor
|
15.67 per week
|
3
|
SHA
|
Afternoon / Night Shift
|
30.60 per shift
|
4
|
EMSA
|
Early Morning Shift
|
15.30 per shift
|
5
|
O/C
|
On Call
|
160.00 per week
|
6
|
O/C1
|
On Call Weekday
|
32.00 per day
|
7
|
O/C2
|
On Call Weekend
|
40.00 per day
|
8
|
Tool
|
Tool Allowance
(Tradesman) ($483.89 p.a.)
|
9.46 per week
|
|
Tool
|
Tool Allowance
(Non-Tradesman) ($290.23 p.a.)
|
5.67 per week
|
9
|
MEAL
|
Meal Allowance
|
10.09 per frequency
|
10
|
CDMB
|
Charge Depot Meal Break
|
4.18 per day
|
11
|
CPLB
|
Charge Plant Meal Break
|
3.43 per day
|
12
|
MFA
|
Employee Working In
Customer Service Centre
|
5.10 per day
|
13
|
ASB
|
Asbestos
|
0.60 per hour
|
14
|
ASE
|
Asbestos Eradication
|
1.80 per hour
|
15
|
ACMP
|
Air Compressor
Attendant
|
0.23 per hour
|
16
|
INSL
|
Insulwool
|
0.60 per hour
|
17
|
DIRT
|
Dirt
|
3.47 per day
|
18
|
COMM
|
Community Language
(from 1/7/02 $812.00 p.a.)
|
15.56 per week
|
19
|
SUST
|
Sustenance Allowance -
Prepaid Accommodation
|
62.00 per day
|
|
|
- Single location up to
35 days, no prepaid accom.
|
192.00 per day
|
|
|
- Single location after
35 days, no prepaid accom.
|
142.00 per day
|
20
|
SR
|
Safety Rules
|
23.17 per week
|
21
|
SR80
|
Non-Elec Trade Safety
Rules - 80%
|
18.54 per week
|
22
|
SREO
|
Eso Safety Rules - 60%
|
13.90 per week
|
23
|
EL
|
Electrician's Licence
(From 2/7/2002)
|
26.90 per week
|
24
|
PRA
|
Plumbers Registration
(From 18/9/01)
|
20.90 per week
|
25
|
PTA
|
Plumbers Tool (From
18/9/2001)
|
20.90 per week
|
26
|
PLTA
|
Plasterers Tool (From
18/9/2001)
|
17.20 per week
|
27
|
CTA
|
Carpenters Tool (From
18/9/2001)
|
20.90 per week
|
28
|
VEH
|
Private Vehicle Usage
|
ATO rates
|
Appendix 2E
Energy Australia - Adult Apprentice Rates of Pay on and from 19 June
2003
Classification
|
Rates of Pay
(weekly)
|
|
$
|
1st Year Adult Apprentice
|
485.17
|
2nd Year Adult Apprentice
|
534.97
|
3rd Year Adult Apprentice
|
561.52
|
4th Year Adult Apprentice
|
586.81
|
Appendix 3
Energy
Australia’s - Pay Rates And Allowances
On and from 19 December 2003
Appendix 3A - Energy Australia Junior Rates of Pay
Appendix 3B - Energy Australia Adult Rates of Pay
Appendix 3C - Energy Australia Shiftworkers (7x3/ 7x2) Rates
of Pay
Appendix 3D - Energy Australia Allowances and Extra Rates
Appendix 3E - Energy Australia Adult Apprentice Rates of Pay
Appendix 3A
Energy Australia - Junior Rates of Pay on and from 19 December 2003
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
J1
|
13,432
|
257.32
|
7.15
|
7.35
|
J1
|
J2
|
14,117
|
270.44
|
7.51
|
7.73
|
J2
|
J3
|
14,817
|
283.85
|
7.88
|
8.11
|
J3
|
J4
|
15,552
|
297.93
|
8.28
|
8.51
|
J4
|
J5
|
16,328
|
312.80
|
8.69
|
8.94
|
J5
|
J6
|
17,145
|
328.45
|
9.12
|
9.38
|
J6
|
J7
|
18,004
|
344.90
|
9.58
|
9.85
|
J7
|
J8
|
18,903
|
362.13
|
10.06
|
10.35
|
J8
|
J9
|
19,844
|
380.15
|
10.56
|
10.86
|
J9
|
J10
|
20,839
|
399.21
|
11.09
|
11.41
|
J10
|
J11
|
21,880
|
419.16
|
11.64
|
11.98
|
J11
|
J12
|
22,971
|
440.06
|
12.22
|
12.57
|
J12
|
J13
|
24,123
|
462.13
|
12.84
|
13.20
|
J13
|
J14
|
25,320
|
485.06
|
13.47
|
13.86
|
J14
|
J15
|
26,593
|
509.44
|
14.15
|
14.56
|
J15
|
J16
|
27,910
|
534.67
|
14.85
|
15.28
|
J16
|
J17
|
29,321
|
561.70
|
15.60
|
16.05
|
J17
|
J18
|
30,778
|
589.62
|
16.38
|
16.85
|
J18
|
Appendix 3B
Energy Australia - Adult Rates of Pay on and from 19 December 2003
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
1
|
31,542
|
604.25
|
16.78
|
17.26
|
1
|
2
|
32,165
|
616.19
|
17.12
|
17.61
|
2
|
3
|
32,788
|
628.12
|
17.45
|
17.95
|
3
|
4
|
33,423
|
640.29
|
17.79
|
18.29
|
4
|
5
|
34,078
|
652.84
|
18.13
|
18.65
|
5
|
6
|
34,735
|
665.42
|
18.48
|
19.01
|
6
|
7
|
35,412
|
678.39
|
18.84
|
19.38
|
7
|
8
|
36,113
|
691.82
|
19.22
|
19.77
|
8
|
9
|
36,831
|
705.57
|
19.60
|
20.16
|
9
|
10
|
37,573
|
719.79
|
19.99
|
20.57
|
10
|
11
|
38,323
|
734.16
|
20.39
|
20.98
|
11
|
12
|
39,089
|
748.83
|
20.80
|
21.40
|
12
|
13
|
39,883
|
764.04
|
21.22
|
21.83
|
13
|
14
|
40,675
|
779.21
|
21.64
|
22.26
|
14
|
15
|
41,482
|
794.67
|
22.07
|
22.70
|
15
|
16
|
42,309
|
810.52
|
22.51
|
23.16
|
16
|
17
|
43,158
|
826.78
|
22.97
|
23.62
|
17
|
18
|
44,017
|
843.24
|
23.42
|
24.09
|
18
|
19
|
44,911
|
860.36
|
23.90
|
24.58
|
19
|
20
|
45,808
|
877.55
|
24.38
|
25.07
|
20
|
21
|
46,725
|
895.11
|
24.86
|
25.57
|
21
|
22
|
47,647
|
912.78
|
25.35
|
26.08
|
22
|
23
|
48,605
|
931.13
|
25.86
|
26.60
|
23
|
24
|
49,578
|
949.77
|
26.38
|
27.14
|
24
|
25
|
50,569
|
968.75
|
26.91
|
27.68
|
25
|
26
|
51,574
|
988.01
|
27.44
|
28.23
|
26
|
27
|
52,613
|
1,007.91
|
28.00
|
28.80
|
27
|
28
|
53,661
|
1,027.99
|
28.56
|
29.37
|
28
|
29
|
54,735
|
1,048.56
|
29.13
|
29.96
|
29
|
30
|
55,842
|
1,069.77
|
29.72
|
30.56
|
30
|
31
|
56,945
|
1,090.90
|
30.30
|
31.17
|
31
|
32
|
58,101
|
1,113.05
|
30.92
|
31.80
|
32
|
33
|
59,256
|
1,135.17
|
31.53
|
32.43
|
33
|
34
|
60,435
|
1,157.76
|
32.16
|
33.08
|
34
|
35
|
61,640
|
1,180.84
|
32.80
|
33.74
|
35
|
36
|
62,878
|
1,204.56
|
33.46
|
34.42
|
36
|
37
|
64,140
|
1,228.74
|
34.13
|
35.11
|
37
|
38
|
65,421
|
1,253.28
|
34.81
|
35.81
|
38
|
39
|
66,725
|
1,278.26
|
35.51
|
36.52
|
39
|
40
|
68,066
|
1,303.95
|
36.22
|
37.26
|
40
|
41
|
69,421
|
1,329.90
|
36.94
|
38.00
|
41
|
42
|
70,808
|
1,356.48
|
37.68
|
38.76
|
42
|
43
|
72,219
|
1,383.51
|
38.43
|
39.53
|
43
|
44
|
73,668
|
1,411.26
|
39.20
|
40.32
|
44
|
45
|
75,137
|
1,439.41
|
39.98
|
41.13
|
45
|
46
|
76,655
|
1,468.49
|
40.79
|
41.96
|
46
|
47
|
78,184
|
1,497.78
|
41.60
|
42.79
|
47
|
48
|
79,742
|
1,527.62
|
42.43
|
43.65
|
48
|
49
|
81,345
|
1,558.33
|
43.29
|
44.52
|
49
|
50
|
82,967
|
1,589.41
|
44.15
|
45.41
|
50
|
51
|
84,632
|
1,621.30
|
45.04
|
46.32
|
51
|
52
|
86,318
|
1,653.60
|
45.93
|
47.25
|
52
|
53
|
88,049
|
1,686.76
|
46.85
|
48.19
|
53
|
54
|
89,807
|
1,720.44
|
47.79
|
49.16
|
54
|
55
|
91,613
|
1,755.04
|
48.75
|
50.14
|
55
|
56
|
93,441
|
1,790.06
|
49.72
|
51.14
|
56
|
57
|
95,302
|
1,825.71
|
50.71
|
52.16
|
57
|
58
|
97,210
|
1,862.26
|
51.73
|
53.21
|
58
|
59
|
99,165
|
1,899.71
|
52.77
|
54.28
|
59
|
60
|
101,137
|
1,937.49
|
53.82
|
55.36
|
60
|
Appendix 3C
Energy Australia - Shiftworkers (7x3/ 7x2)
Rates of Pay on and from 19 December 2003
Pay Point
|
Annual Salary
|
Weekly Rate
|
36 Hourly Rate
|
35 Hourly Rate
|
Pay Point
|
|
$
|
$
|
$
|
$
|
|
10.1
|
37,692.77
|
722.08
|
20.06
|
20.63
|
10.1
|
11.1
|
38,445.15
|
736.50
|
20.46
|
21.04
|
11.1
|
12.1
|
39,213.59
|
751.22
|
20.87
|
21.46
|
12.1
|
13.1
|
40,010.59
|
766.49
|
21.29
|
21.90
|
13.1
|
14.1
|
40,816.88
|
781.93
|
21.72
|
22.34
|
14.1
|
15.1
|
41,624.42
|
797.40
|
22.15
|
22.78
|
15.1
|
16.1
|
42,457.65
|
813.37
|
22.59
|
23.24
|
16.1
|
17.1
|
43,296.19
|
829.43
|
23.04
|
23.70
|
17.1
|
18.1
|
44,164.83
|
846.07
|
23.50
|
24.17
|
18.1
|
19.1
|
45,060.18
|
863.22
|
23.98
|
24.66
|
19.1
|
20.1
|
45,957.68
|
880.42
|
24.46
|
25.15
|
20.1
|
21.1
|
46,863.75
|
897.77
|
24.94
|
25.65
|
21.1
|
22.1
|
47,797.66
|
915.66
|
25.44
|
26.16
|
22.1
|
23.1
|
48,759.66
|
934.09
|
25.95
|
26.69
|
23.1
|
24.1
|
49,742.60
|
952.92
|
26.47
|
27.23
|
24.1
|
25.1
|
50,731.23
|
971.86
|
27.00
|
27.77
|
25.1
|
26.1
|
51,750.72
|
991.39
|
27.54
|
28.33
|
26.1
|
27.1
|
52,790.66
|
1,011.32
|
28.09
|
28.89
|
27.1
|
28.1
|
53,833.10
|
1,031.29
|
28.65
|
29.47
|
28.1
|
29.1
|
54,916.60
|
1,052.04
|
29.22
|
30.06
|
29.1
|
30.1
|
56,013.30
|
1,073.05
|
29.81
|
30.66
|
30.1
|
31.1
|
57,127.29
|
1,094.39
|
30.40
|
31.27
|
31.1
|
32.1
|
58,282.75
|
1,116.53
|
31.01
|
31.90
|
32.1
|
33.1
|
59,456.57
|
1,139.01
|
31.64
|
32.54
|
33.1
|
34.1
|
60,627.78
|
1,161.45
|
32.26
|
33.18
|
34.1
|
35.1
|
61,843.82
|
1,184.75
|
32.91
|
33.85
|
35.1
|
36.1
|
63,097.97
|
1,208.77
|
33.58
|
34.54
|
36.1
|
37.1
|
64,358.53
|
1,232.92
|
34.25
|
35.23
|
37.1
|
38.1
|
65,630.31
|
1,257.29
|
34.92
|
35.92
|
38.1
|
39.1
|
66,938.96
|
1,282.36
|
35.62
|
36.64
|
39.1
|
40.1
|
68,284.15
|
1,308.13
|
36.34
|
37.38
|
40.1
|
41.1
|
69,654.63
|
1,334.38
|
37.07
|
38.13
|
41.1
|
42.1
|
71,034.68
|
1,360.82
|
37.80
|
38.88
|
42.1
|
43.1
|
72,449.70
|
1,387.93
|
38.55
|
39.66
|
43.1
|
44.1
|
73,902.21
|
1,415.75
|
39.33
|
40.45
|
44.1
|
45.1
|
75,377.51
|
1,444.01
|
40.11
|
41.26
|
45.1
|
46.1
|
76,901.05
|
1,473.20
|
40.92
|
42.09
|
46.1
|
47.1
|
78,434.26
|
1,502.57
|
41.74
|
42.93
|
47.1
|
48.1
|
79,997.55
|
1,532.52
|
42.57
|
43.79
|
48.1
|
49.1
|
81,608.06
|
1,563.37
|
43.43
|
44.67
|
49.1
|
Appendix 3D
Energy Australia - Allowances And Extra Rates on and from 19 December
2003
Item
|
Code
|
Allowances &
Extra Rates
|
Rate
|
|
|
|
$
|
1
|
FAA
|
First Aid Attendant
|
3.62 per day
|
2
|
FAI
|
First Aid Instructor
|
16.45 per week
|
3
|
SHA
|
Afternoon / Night Shift
|
32.13 per shift
|
4
|
EMSA
|
Early Morning Shift
|
16.07 per shift
|
5
|
O/C
|
On Call
|
160.00 per week
|
6
|
O/C1
|
On Call Weekday
|
32.00 per day
|
7
|
O/C2
|
On Call Weekend
|
40.00 per day
|
8
|
TOOL
|
Tool Allowance (Tradesman) ($483.89 p.a.)
|
9.93 per week
|
|
TOOL
|
Tool Allowance (Non-Tradesman) ($290.23 p.a.)
|
5.96 per week
|
9
|
MEAL
|
Meal Allowance
|
10.59 per frequency
|
10
|
CDMB
|
Charge Depot Meal Break
|
4.39 per day
|
11
|
CPLB
|
Charge Plant Meal Break
|
3.60 per day
|
12
|
MFA
|
Employee Working In Customer Service Centre
|
5.36 per day
|
13
|
ASB
|
Asbestos
|
0.63 per hour
|
14
|
ASE
|
Asbestos Eradication
|
1.89 per hour
|
15
|
Acmp
|
Air Compressor Attendant
|
0.24 per hour
|
16
|
INSL
|
Insulwool
|
0.63 per hour
|
17
|
DIRT
|
Dirt
|
3.64 per day
|
18
|
COMM
|
Community language (from 1/7/02 $812.00 p.a.)
|
15.56 per week
|
19
|
SUST
|
Sustenance Allowance - Prepaid Accommodation
|
62.00 per day
|
|
|
- Single location
up to 35 days, no prepaid accom.
|
192.00 per day
|
|
|
- Single location
after 35 days, no prepaid accom.
|
142.00 per day
|
20
|
SR
|
Safety Rules
|
24.33 per week
|
21
|
SR80
|
Non-Elec Trade Safety Rules - 80%
|
19.46 per week
|
22
|
SREO
|
Eso Safety Rules - 60%
|
14.60 per week
|
23
|
EL
|
Electrician's Licence (From 2/7/2002)
|
26.90 per week
|
24
|
PRA
|
Plumbers Registration (From 18/9/01)
|
20.90 per week
|
25
|
PTA
|
Plumbers Tool (From 18/9/2001)
|
20.90 per week
|
26
|
PLTA
|
Plasterers Tool (From 18/9/2001)
|
17.20 per week
|
27
|
CTA
|
Carpenters Tool (From 18/9/2001)
|
20.90 per week
|
28
|
VEH
|
Private Vehicle Usage
|
ATO rates
|
Appendix 3E
Energy Australia - Adult Apprentice Rates of Pay on and from 19
December 2003
Classification
|
Rates of Pay
(weekly)
|
|
$
|
1st Year Adult Apprentice
|
509.43
|
2nd Year Adult Apprentice
|
561.72
|
3rd Year Adult Apprentice
|
589.60
|
4th Year Adult Apprentice
|
616.15
|
Appendix 4
Annual
Leave Conversion
Method For Converting Annual Leave And Sick
Leave Entitlements To Hours
This applies to Energy Australia's employees whose ordinary hours
of work equal 72 per fortnight.
Employees accrue either 15 or 18 days of sick leave per
year, depending on length of service.
They also have a statutory entitlement to 4 weeks' annual leave. Shiftworkers have an annual leave
entitlement of 20 or 25 shifts.
The method of work for these employees is to work 8 hours
per day over a 9 day fortnight. Day
workers work 5 days in the first week and 4 days in the second. Shiftworkers average 9 days per fortnight
over their full roster. Day workers are
paid at the appropriate rate for a 36 hour week but actually work 40 hours in
the first week and 32 in the second.
They work 8 hours per day but are paid for 7.2 hours and accrue 0.8
hours per day towards an RDO.
Shiftworkers are paid according to the actual hours worked each week.
This Award provides amongst other things, for the
possibility of work being organised into 9 hour day/4 day weeks and 12 hour
day/3 day weeks. This requires all sick
leave and annual leave entitlements to be recorded in hours and debited in
hours. Employees do not accrue RDO’s
while on annual leave because they are paid at the rate of 7.2 hours for each
day of annual leave and therefore do not accrue time towards an RDO.
Sick leave and annual leave are converted to hours according
to the following methods. Employees are
entitled to 18 days of sick leave and work an 8 hour day. Therefore the annual sick leave entitlement
is 144 hours. The annual leave
entitlement is also 144 hours because 4 weeks' work is equivalent to 4 times 36
hours per week.
All sick leave is debited according to the ordinary hours
actually worked each day. If the
ordinary hours are 8, 9 or 12 per day then 8, 9 or 12 hours respectively will
be deducted for each day of absence on sick leave.
All annual leave for employees who work a 9 day fortnight
and accrue an RDO will be deducted at 7.2 hours per day. This ensures they will retain the right to
20 single days of annual leave.
Other employees who work shiftwork or 9 or 12 ordinary hours
per day will have the actual ordinary hours debited from their annual
leave. For example, an employee who
works 12 ordinary hours per day will only work 3 days per week. If 12 hours is debited for each day of
annual leave, the employee is still entitled to 4 weeks of annual leave at 3
days/week.
Similar arrangements will be made for employees who work a
35 hour week.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.