M5 SOUTH WEST MOTORWAY CONSENT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Employers First, industrial organisation of employers.

 

(No. IRC 588 of 2001)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         Title

2.         Date of Operation and Parties Bound

3.         Introduction

4.         Commitment

5.         Contract of Employment

6.         Collector Hours of Work

7.         Payment of Acting Supervisor

8.         Collector Duties

9.         Full-time/Part-time Collector Replacements

10.       Casual Collector

11.       Collector - Overtime and Shift Allowances

12.       Part-time Work

13.       Wage Increases

14.       Performance Bonus

15.       Electronic Funds Transfer

16.       Rosters

17.       Restrictive Work Practices

18.       Technological Change

19.       Emergency Work

20.       Superannuation

21.       Annual Leave

22.       Sick Leave

23.       Long Service Leave

24.       Jury Service

25.       Bereavement Leave

26.       Parental Leave

27.       Personal/Carer's Leave

28.       Anti-Discrimination and Harassment

29.       Occupational Health and Safety

30.       Income Protection Insurance

31.       Clothing

32.       Medical Examinations

33.       Hepatitis Injections

34.       Training

35.       Alcohol and other Drugs

36.       Counselling Procedure

37.       Union Procedure

38.       Dispute Settlement Procedures

39.       No Duress

40.       No Extra Claims

 

Appendix "A"

Appendix "B"

 

1.  Title

 

The short title of this Consent Award shall be the "M5 South West Motorway Consent Award",

 

2.  Date of Operation and Parties Bound

 

2.1        This Award shall operate on and from 28 February 2001 and shall have a nominal term up until 10 May 2002.

 

This Award shall be binding upon Interlink Roads Pty Ltd, the Australian Workers' Union and employees who are engaged as toll collectors on the M5 Motorway.

 

3.  Introduction

 

3.1        Definitions

 

"Afternoon Shift" means a shift which starts between 1.00pm and 9.00pm.

 

"Award" means the Interlink Roads M5 South West Motorway Consent Award.

 

"Casual Collector" means an Employee engaged to carry out the duties of a collector but who is employed and paid by the hour with no guaranteed hours of work and whose employment terminates at the end of each engagement.

 

"Collector" means an employee who is engaged to work on a regular basis on a roster designed to cover operations twenty four hours per day, seven days per week fifty two weeks per year and where the Employee is regularly required to work on Saturdays, Sundays and Public Holidays carrying out duties as defined in Clause 8, Casuals may also be employed as Collectors.

 

"Day Shift" means a shift which starts between 5.00am and 1.00pm.

 

"Employee" means a person engaged under the terms of this Award.

 

"Full-time Collector" shall mean a collector engaged on a full-time basis as defined in clause 11 of this Award.

 

"Holiday" means for the purposes of this Award the Union's Picnic Day being the first Monday in December of each year or any other date agreed between the Union and Interlink (provided that a picnic is held) and the following Public Holidays and any other holidays proclaimed under the relevant legislation from time to time: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, and Boxing Day.

 

Interlink" means Interlink Roads Pty Ltd.

 

"Management" means persons engaged by Interlink on a salary basis either in a supervision or management capacity.

 

"Master Collector Roster" or (Roster) means the roster of working hours and shifts for a typical four weekly Roster Cycle.

 

"M5" means the M5 South West Motorway as augmented or changed from time to time generally extending from King Georges Road, Beverly Hills to the F5 Freeway south of Campbelltown Road at Prestons.

 

"Night shift" means a shift which starts between 9.00pm and 5.00am,

"Parties" means Interlink, the Union and the Employees.

 

"Part-time Collector" shall mean a collector engaged on a part-time basis as defined in Clause 12 of this Award.

 

"Plaza Assist" means a Collector who is providing assistance to vehicles through automatic lanes at Hammondville Plaza.

 

"Premises" means all the land on which Interlink carries out Motorway activities.

 

"Roster Cycle" means a typical four-week period on the Master Collector Roster for the Full-time and Part-Time Collectors.

 

"Supervisor" means a person engaged by Interlink on a salary basis to supervise the work of Full-Time Collectors, Part-time Collectors and Casual Collectors.

 

"Union" means the Australian Workers' Union New South Wales.

 

"Working Week" means:

 

(a)        For Full-time Collectors, an average of 38 hours per week over each four week Roster Cycle.  For each such four-week period, a Collector is required to work 152 hours in accordance with the Roster.  The 152 hours will comprise of 8-hour shifts as defined in the Roster.

 

The Roster may vary from time to time but any changes to the Roster will be agreed with the affected Employees.  However, the total 152 hours worked in each Roster Cycle will not fluctuate.

 

Working hours shall be worked in accordance with the Roster with 0.4 of one hour each 8 hours worked accruing as an entitlement for each Full-time Collector to take an RDO every four-week cycle.  A paid RDO shall be taken in accordance with the Roster RDO provisions of this Award.

 

(b)        For Casual Collectors, a minimum of 3 hours work each shift.

 

(c)        For Part-Time Collectors, a minimum of fifteen hours per week and a maximum of thirty-two hours per week.

 

3.3        Aims

 

The Parties have agreed to work together to develop a committed, flexible and skilled work force that is focused on high productivity and safe working conditions in an endeavour to maximise the opportunity for continuous work for Employees by a combination of more flexible manning arrangements, increasing traffic flows and by minimising costs. Interlink recognises that its Employees can play a role in achieving these broad objectives.

 

In particular the Parties have agreed to the following specific objectives:

 

(a)        to provide a safe and healthy work place, and where State or National Occupational Health and Safety Standards and Codes of Practice exist they will be adhered to, and regarded as a minimum standard;

 

(b)        the empowerment of individuals to make and be accountable for decisions;

 

(c)        a strong emphasis on teamwork;

 

(d)        the encouragement of innovative action and best practice';

 

(e)        to provide a genuine consultation involving Interlink with the Employees and the Union;

 

(f)         to focus on the long term satisfaction of Interlink and its customers;

 

(g)        to provide and maintain effective communication between Interlink, the Employees and the Union;

 

(h)        to focus on improving the quality of service to the public;

 

(i)         to provide training to Employees;

 

(j)         to ensure that the M5 South West Motorway remains open for 24 hours per day in order to collect tolls;

 

to assist with the operation of remote automated Toll Booths when and if required.

 

4.  Commitment

 

The Parties to this Award are committed to ensuring that:

 

(a)        this Award will lead to real gains in productivity and workplace efficiencies, without any reduction in health and safety standards.

 

(b)        The Award be observed

 

(c)        no further increases or decreases in any conditions, including but not limited to rates of pay, to those provided for in this Award will be claimed or paid.

 

(d)        no stoppage of work or other forms of industrial action will occur at any time.

 

5.  Contract of Employment

 

5.1        Each Employee shall be engaged on either a full-time, part-time or casual basis under one of the following classifications:

 

Full-time Shift Collector

 

Part-time Collector

 

Casual Collector

 

Full-time and Part-time Employees will be given a minimum period of notice for termination as specified in the Industrial Relations Act 1996.

 

Except that an Employee's employment may be terminated by Interlink without notice for malingering, inefficiency, neglect of duty, misconduct or misappropriation. In such circumstances wages shall only be paid up to the time of dismissal only.

 

Casual means an Employee engaged and paid as such and whose employment terminates at the end of each engagement.

 

Interlink may deduct payment for any day or shift or part thereof where an Employee is absent from duty without reasonable cause.

 

5.2        It is a fundamental term of employment that Employees have to deal with the public and provide friendly, courteous service at all times.  Employees shall be required to present a neat appearance to the public at all times and to be punctual and diligent in commencing times for shifts. Failure to so act shall be a ground for determining that the Employee is unsuitable for this work and therefore may be dismissed. Employees engaged as Collectors or Casual Collectors will handle large sums of cash. All such Employees will be subject to regular security and audit procedures during their employment. In the event of any misappropriation of funds the Employee will be liable to dismissal.

 

5.3        Redundancy

 

Clause 5.3 shall not apply to Casual Employees.

 

In the event of an Employees' position becoming redundant, Interlink will apply the redundancy benefits in accordance with the Employment Protection Act 1982 (NSW) as amended 1st September 1995. The employer shall pay the following severance pay on termination in respect of a continuous period of service.

 

(a)        An Employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service	Under 45 years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(b)        Where an Employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service and Over	45 years of Age and over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

"Weeks pay" means the all purpose rate of pay for the Employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with the (clause/s of this award dealing with these matters),

 

6.  Collector Hours of Work

 

Each Full-time Collector shall work an average of 38 hours per week over each four-week Roster Cycle. For each such four-week period, a Full-time Collector is required to work 152 hours in accordance with the Roster. The 152 hours will comprise of 8-hour shifts as defined in the Roster.

 

The Roster may vary from time to time but any changes to the Roster will be agreed with the affected Employees. However, the total 152 hours worked in each Roster Cycle will not fluctuate.

 

Working hours shall be worked in accordance with the Roster with 0.4 of one hour each 8 hours worked accruing as an entitlement for each Full-Time Collector to take an RDO, every four week cycle, A paid RDO shall be taken in accordance with the Roster RDO provisions of this Award.

 

Each Part-time Collector shall work a minimum of fifteen hours per week and a maximum of thirty-two hours per week.

 

A Casual Collector shall work a minimum of three (3) hours work each shift.

 

A Collector must be available for all shifts as per the Roster and will work the times prescribed in the Roster and will perform all necessary duties in each Shift.  Shift Relief shall take place in the Toll Booth.

 

In the event of the oncoming Collector not reporting for duty at the normal shift change-over time, the offgoing Collector shall remain on duty for up to a maximum of one hour until relieved.  A Collector who remains on duty after his/her shift and is waiting for a Shift Relief for more than fifteen (15) minutes will be paid for the additional time at the appropriate rates. Should relief be required for less than fifteen (15) minutes between two Collectors, the offgoing collector will not be paid any additional payment and the two Collectors shall endeavour to return the relief to the other party between themselves.

 

After every two hours on duty, Collectors shall take a break of ten minutes duration in the lunch room or other areas as approved by management. As near as possible to the middle of each shift the break shall be extended to thirty minutes for the purposes of taking a meal. All breaks are to be taken at times either when the Supervisor is available to act as a Collector or when the work load suits as determined by the Supervisor on duty.

 

Collectors will be supervised on each shift by a Supervisor.  From time to time a Collector may be required to act in the capacity of Supervisor, at any time a Supervisor may act as a Collector.

 

7.  Payment of Acting Supervisor

 

A Collector who is rostered to act in the capacity of a Supervisor shall be paid an additional $4.00 per hour to the wage rates for a collector defined in this Award for hours worked as a Supervisor.  The $4.00 per hour shall be paid for hours worked only and will not attract any penalty or premium.

 

8.  Collector Duties

 

The duties of a Collector include, but are not limited to:

 

the swift and accurate collection of tolls ensuring minimal delays to customers,

 

the provision of a high level of customer service,

 

the operation of the manual toll collection system,

 

the provision of assistance to customers in automatic lanes,

 

the identification and rectification of minor malfunctions in the toll collection equipment,

 

to act as Supervisor when required, and

 

other duties as reasonably directed by the Supervisor or Controller from time to time.

 

9.  Full-time/Part-time Collector Replacements

 

Each Full-Time and Part-Time Collector will be required:

 

to find their own replacement for any shift change;

 

the replacement must be approved by the Operations Manager or his nominee;

 

the replacement must be an existing employee;

 

Employees who use the replacement provisions must return the time worked to the other Employee between themselves without any cost to Interlink;

 

Any Collector who requires a shift change must complete the "Application For Change of Roster Form" (IRF-OPS-008) and have it approved by the Operations Manager or his nominee prior to the shift change occurring.

 

10.  Casual Collector

 

A Casual Employee is one engaged and paid as such. When a Casual Employee is working ordinary time (i.e. Monday to Friday day shift rate) the Employee shall be paid per hour one thirty-eighth of the appropriate weekly wage rate for Collector prescribed in Appendix "A" for the work which the Employee performs, plus 20 percent, A Casual Employee will be provided with a minimum of 3 hours work each shift.

 

After every two hours on duty a Casual Collector may take a break of ten minutes duration. If the shift is longer than five hours a Casual Collector may extend the second break to a maximum of thirty minutes for the purpose of taking a meal.

 

A Casual Employee at the M5 Motorway must be reasonably available for work on call at the discretion of the Management.

 

11.  Collector - Overtime and Shift Allowances

 

11.1      Full-time Shiftwork

 

(a)        For all time worked in excess of eight hours per shift, Full-Time Collectors shall be paid at the rate of double time.

 

However for time worked on a public holiday which is a rostered day off such time worked shall be paid at double time and one half with a minimum payment as for four hours at the appropriate rate.

 

(b)        Where overtime is necessary it shall, wherever reasonably practicable, be so arranged that Employees have at least ten consecutive hours off duty between consecutive days of work.  An Employee (other than a Casual Employee) who works overtime between the cessation of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day who has not had at least ten consecutive hours off duty between these times, shall subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay.

 

If, on the instruction of the employer, such employee resumes or continues work without having had ten consecutive hours off duty, he/she shall then be paid at double time until he/she is released from duty for that period, and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty, without loss of pay.

 

(c)        The subclauses (a) and (b) shall not apply when the time worked is by an arrangement between the Employees themselves, or when the rotation of shifts (e.g. afternoon to night) has necessitated work in excess of the ordinary hours as part of a revised roster.

 

(d)        Collectors will be required to work a reasonable amount of overtime under the terms of this Award.

 

(e)        Overtime opportunities will be extended to full-time, part-time and casual collectors in the preceding order of priority where overtime will be allocated for an entire shift.

 

(f)         Collectors who are required to work unscheduled continuous additional hours on any shift for a period of two hours or more after his/her normal finishing time, shall be paid a meal allowance of $8.00, unless notified on the previous day of the intention to work such additional hours.

 

11.2      Shift Allowances

 

The shift allowances used in calculating the Full-Time and Part-Time Collectors' weekly wages are:

 

Day Shift - A shift which starts between 5.00 am and 1.00 pm - Nil.

 

Afternoon Shift - Ashift which starts between 1.00pm and 9.00 pm - 17.5% shift allowance.

 

Night Shift - A shift which starts between 9.00 pm and 5.00 am - 20.0% shift allowance.

 

Note:  The above shift allowances also apply to Employees employed as Casual Collectors.

 

11.3      Payment For Saturdays, Sundays and Public Holidays

 

For work performed on Saturdays, Sundays and Public Holidays, the following penalty rates for Full-Time and Part-Time Collectors, including Casual Collectors employed on those days, shall be paid:

 

Saturdays - at the rate of single time and one half

 

Sundays - At the rate of double time

 

Public Holidays - At the rate of double time and one half

 

Note: Shift allowances, Saturday and Sunday and public holiday penalties are not cumulative.

 

In calculating wages for a Full-time and Part-time Collector the higher of either the applicable shift allowance or the applicable penalty rate shall apply.

 

12.  Part-time Work

 

12.1      "Part-time Collector" shall mean an employee, other than a "Casual Collector" as defined in Clause 10 of this Award engaged to work rostered regular hours each week with a minimum engagement of fifteen hours per week and a maximum of thirty-two hours per week.  Such roster shall show the starting and ceasing times and the days upon which an Employee is engaged to work as well as the number of hours to be worked each week or as otherwise arranged by mutual agreement.

 

12.2      The ordinary daily working hours shall be worked continuously excluding meal breaks, and shall not be less than three (3) hours or more than eight (8)hours on any one day.

 

12.3      Part-Time Collectors who work a minimum of four (4) consecutive ordinary hours on any day shall be entitled to a rest pause of ten (10) minutes duration without loss of pay during the first four (4) hours, and a further rest pause of ten minutes where eight hours are worked consecutively on any one day. Such rest pause shall be taken at such times as will not interfere with the continuity of work where continuity in the opinion of the employer is necessary provided that where more than five (5) hours are to be worked such Employees shall be entitled to an unpaid meal break of not less than thirty minutes nor more than one hour as shown in the roster to be taken between the fourth and fifth hour.

 

12.4      A Part-Time Collector shall be paid an hourly rate equal to the appropriate weekly rate prescribed in Appendix "A" for the Collector and divided by 38, and in addition shall be entitled to a pro-rata payment of the shift premium where appropriate.

 

12.5      A Part-time Collector shall be entitled to annual leave, sick leave, long service leave, bereavement leave and all statutory holidays on the same basis as Full-Time Collectors on a proportionate basis calculated on the ordinary hours of work, worked in accordance with subclause 12.1 hereof.

 

12.6      A Part-time Collector who works more than eight hours in any one day or more than thirty-two (32) in any one week shall be paid overtime in accordance with Clause 11of this Award.

 

13.  Wage Increases

 

The parties to this Award have agreed that a wage increase of 2% will be paid on 11 May 2000 and further increases of 2% will be paid at 6 monthly intervals from that date in accordance with Appendices A and B to this Award.

 

14.  Performance Bonus

 

The parties agree that a mutually acceptable performance linked bonus system will be put in place as soon as possible.

 

15.  Electronic Funds Transfer

 

All wages will be paid by means of electronic funds transfer into a bank account designated by each Employee. Bank charges are the responsibility of each Employee having been taken into account in setting rates of pay prescribed in this Award.

 

16.  Rosters

 

The Parties agree to review the roster during the life of this Award each 6 monthly period. Roster changes, if any, to improve efficiency of operations or working conditions will be implemented after consultation with Employees and the site delegate.

 

17.  Restrictive Work Practices

 

It shall be a key function of all Employees to:

 

(a)        Formulate an action plan aimed at the elimination of any restrictive "work" practice; and

 

(b)        carry out the action planned,

 

18.  Technological Change

 

The Parties to this Award accept that during the life of this Award it may be necessary to discuss technological change, within the operations. If this situation arises all Employees and the site delegates will be kept informed on any proposed changes.

 

19.  Emergency Work

 

The Parties to this Award agree that during the life of this Award it may be necessary to change the hours of work for certain Employees who may be required to work extended hours during an emergency. Employees who are required to work extended hours after ordinary ceasing time shall be paid at overtime rates.

 

20.  Superannuation

 

Interlink shall pay the Trustee of the Australian Superannuation Employment Trust Fund or the Australian Public Superannuation Fund (APS), on behalf of each Employee, a contribution of an amount as prescribed by the Superannuation Guarantee Administration Act, from time to time.  Such fund shall be nominated by the employee. Contributions shall be payable from the date of the commencement of employment of the Employee.

 

21.  Annual Leave

 

See Annual Holidays Act 1944.

 

(i)         Full-Time/Part-Time Collectors

 

In addition to the leave specified under the Annual Holidays Act 1944 after twelve months continuous service Full-time and Part-Time Collectors shall be entitled to an additional week of annual leave.

 

After 12 months of continuous service a 17 1/2% annual leave loading shall be paid to Full-Time Collectors and Part-Time Collectors (pro-rata), such monies to be paid at the time of taking annual leave or at the time of termination of employment.

 

Where Full-Time and Part-Time Collectors take annual leave, they will be paid the 17 1/2% annual leave loading or their shift loading when the shift loading is greater than the 17 1/2% annual leave loading.

 

Where a statutory holiday occurs during a period of the Employee's annual leave, there shall be added to the Employee's annual leave an extra day for each such day so occurring.

 

(ii)        Casual Collectors

 

The one-twelfth annual leave entitlement payable to Casual Collectors under the Annual Holidays Act 1944 as amended will be calculated and paid weekly under this Award.

 

The annual leave entitlement is calculated by first multiplying the Employee's ordinary time earnings (day shift rate for ordinary hours worked Monday to Friday) by 20% and then multiplying by the number of ordinary hours worked and dividing by 12.

 

22.  Sick Leave

 

A Casual Collector is not entitled to Sick Leave.  Sick leave applies only to Full-time and Part-time Collectors.

 

A Collector, after three months' continuous service, who is absent from work by reason of personal illness or personal injury, shall be entitled to paid sick leave subject to the following conditions and limitations.

 

(a)        The Employee shall where practicable prior to but definitely within twenty-four hours of the commencement of such absence inform Interlink of his/her inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of absence.

 

(b)        If an Employee is unable to attend duty for in excess of two continuous days, the Employee shall prove to the satisfaction of Interlink, by the production of a medical certificate or other evidence satisfactory to Interlink, that he/she was unable on account of such illness or injury to attend for duty on the days for which sick leave is claimed.

 

(c)        An Employee shall be entitled to sick leave of up to eighty ordinary hours (80) for each year of employment which shall accumulate from year to year. No payments will be made in lieu of untaken sick leave. Sick leave shall be paid at the Employees ordinary hourly rate of pay.

 

23.  Long Service Leave

 

The Long Service Leave Act 1955, shall apply.

 

24.  Jury Service

 

Casual Collectors are not entitled to any paid Jury Service.

 

Collectors required to attend for jury service during rostered working hours shall be reimbursed by Interlink an amount equal to the difference between the amount paid in respect of attendance for such jury service and the ordinary wages the Employee would have received had the Employee not been on jury service.  An Employee shall notify Interlink as soon as possible of the date upon which attendance for jury service is required. Further the Employee shall give Interlink proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

25.  Bereavement Leave

 

(i)         An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) below.

 

Provided further, such Collectors shall be entitled to a maximum of two days, leave without loss of pay on each occasion and on production of satisfactory evidence of the death outside Australia of a Collector's husband, wife, father or mother, and where such Collector travels outside of Australia to attend the funeral.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in 27 (1) (c) (ii), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses 2, 3, 4, 5 and 6 in the said clause 27. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

26.  Parental Leave

 

Parental leave includes maternity leave, paternity leave and adoption leave.

 

Maternity leave is leave taken by a female employee in connection with the pregnancy or birth of a child. Maternity leave consists of an unbroken period of 52 weeks.

 

Paternity leave is leave taken by a male employee in connection with the birth of a child of the employee or of the employee's spouse. Paternity leave consists of:

 

(a)        An unbroken period of up to one week at the time of the birth of the child or other termination of the pregnancy (short paternity leave), and

 

(b)        A further unbroken period of 51 weeks in order to be the primary care giver of the child (extended paternity leave).

 

Adoption leave is leave taken by a female or male employee in connection with the adoption of a child under the age of five years, Adoption leave consists of:

 

(a)        An unbroken period of up to three weeks at the time of the placement of the child with the employee (short adoption leave), and

 

(b)        A further unbroken period of 49 weeks in order to be the primary care giver of the child (extended adoption leave).

 

Full time, part time and regular casual employees are entitled to parental leave.

 

A regular casual employee is a casual employee who works for Interlink on a regular and systematic basis and who has a reasonable expectation of ongoing employment on that basis.

 

Full time and part time employees are entitled to a total of 52 weeks unpaid parental leave in connection with the birth of adoption of a child on the completion of 12 months continuous service with Interlink.

 

A regular casual employee is entitled to a total of 52 weeks unpaid parental leave in connection with the birth or adoption of a child on the completion of 24 months of continuous service with Interlink.

 

The Industrial Relations Act 1996, Chapter 2, Part 4, Divisions 1 and 2, shall apply.

 

27.  Personal/Carer's Leave

 

Casual Collectors are not entitled to any Personal/Carer's Leave.

 

1.          Use of Sick Leave:

 

(a)        An Employee, other than a Casual Employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the Employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 22, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an Employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the Employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the Employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of the Employee; or

 

(d)        a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or

 

(e)        a relative of the Employee who is a member of the same household, where for the purposes of this subparagraph:

 

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.

 

(d)        An Employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the Employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the employer by telephone of such absence at the first opportunity on the day of the absence.

 

2.          Unpaid Leave for Family Purpose:

 

(a)        An Employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

3.          Annual Leave:

 

(a)        An Employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

(c)        An Employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

4.          Time Off in Lieu of Payment for Overtime:

 

(a)        An Employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the time rate, that is an hour for each hour worked.

 

(c)        If having elected to take time as leave in accordance with paragraph a) of this subclause, 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.

 

(d)        Where no election is made in accordance with the said paragraph (a), the Employee shall be paid overtime rates in accordance with the Award.

 

5.          Make-up Time:

 

(a)        An Employee may elect, with the consent of the employer, to work "make-up time, under which the Employee takes time off ordinary hours, and works those hours at a later time, during the spread of the ordinary hours provided in the Award, at the ordinary rate of pay.

 

(b)        An Employee on shift work may elect, with the consent of the Employer, to work "makeup 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.

 

6.          Rostered Days Off:

 

(a)        An Employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An Employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        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.

 

(d)        This subclause is subject to the employer informing each union 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 to participate in negotiations.

 

28.  Anti-Discrimination and Harassment

 

28.1      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 on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

 

28.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

28.3      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 or unlawful discrimination or harassment.

 

28.4      Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age.

 

(c)        any act or practice of a body established to propagate religion which exempted under section 56(d) of the Anti- Discrimination Act 1977;

 

(d)        A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

28.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing is this Act affects ….any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

 

29.  Occupational Health and Safety

 

The Parties agree that every effort will be made to ensure that everyone is provided with a safe and healthy place in which to work, and that compliance is made with all relevant legislation codes and standards. The provisions of the Occupational Health and Safety Act 1983 provides the standards of occupational health and safety to be observed by the Parties to this Award.

 

It is recognised that safety is a team commitment involving Managers, Supervisors and Employees working together through consultation and cooperation.

 

The rights and responsibility of all personnel to express their concern over safety in the workplace and to expect those rights and responsibilities to be addressed is recognised and supported.

 

Health and Safety Committees will be given every reasonable assistance to do their duties.

 

Information, instruction and training in safe methods of work, relevant legislation, safety procedures, etc will be provided to all Employees.

Interlink shall provide and the Employee shall wear and use protective clothing and safety equipment nominated by Interlink from time to time. The Employee shall request any additional protective clothing or safety equipment required in addition to normal issue and Interlink shall not refuse any such reasonable request. Protective clothing and safety equipment shall remain the property of Interlink.

 

Adequate first aid facilities shall be maintained by Interlink in accordance with the Occupational Health and Safety Act 1983 and its regulations, as amended. All Supervisors will be trained to perform first aid duties.

 

30.  Income Protection Insurance

 

Interlink will provide sickness and accident income protection insurance for all full-time and part-time collectors. Interlink will provide this coverage through the Kanosei Sickness and Accident Income Protection Plan or equivalent.

 

Interlink will contribute 1% of each full-time and part-time collectors' ordinary weekly wages as prescribed in Appendix A, to provide this income protection.

 

31  Clothing

 

31.1      Uniform For Collectors

 

Upon successful completion of probationary period, Interlink shall issue each Collector with an initial issue of uniform, protective and safety items.

 

Every Collector shall be provided with the following:

 

3 Polo Shirts

 

2 Shorts

 

2 tracksuit pants

 

2 tracksuit jackets

 

1 Sloppy Joe

 

1 set of wet weather gear

 

2 pairs of safety shoes

 

1 pair sunglasses

 

1 cap and/or brimmed hat

 

1 Safety Vest

 

Such items shall be replaced or exchanged on a one for one basis as required to maintain a proper presentation in the workplace with a minimum replacement period of 12 months and a maximum period of two (2) years. Items subject to unfair wear and tear in the workplace beyond the reasonable control of the employee shall be replaced as soon as practicable at no cost to the employee.

 

Should an employee misplace the issue of wet weather gear provided, the employee shall bear the cost of replacement.

 

Where an employee has been provided with uniform clothing under this clause the employee shall wear the uniform provided for them whilst they are on duty. They shall not wear any clothing in substitute for the provided uniform.

 

Collectors on duty shall present a neat and tidy appearance.

 

Such uniforms shall remain the property of Interlink and shall not be worn other than when on duty or in transit to and from work. When replaced by a new issue all replaced items of uniform shall be returned to Interlink.

 

Where an Employee for no good reason fails to return items of issued clothing, Interlink may deduct an amount of $50 from the Employee's termination pay, excluding annual leave or long service leave payments.

 

Each Collector is responsible for laundering and maintaining uniforms in a presentable condition. The laundering allowance of $8.00 per week is included in the rates of pay for all classifications.

 

32.  Medical Examinations

 

In addition to the pre-employment examination, Interlink will arrange for general medical examinations of Employees covered by this Award every twelve months and in addition, lead level and audiogram testing will be conducted every twelve (12) months.

 

There will be no Extra Payment to an Employee to attend these medical examinations which will be carried out during normal working hours on the following basis:

 

All costs of medical checks will be borne by Interlink,

 

Interlink will maintain records of the medical checks,

 

The medical records shall be made available to the Employee concerned,

 

A copy of the medical record is to be forwarded to the Employee's treating doctor on request,

 

With the Employee's authorisation information relevant to worker's compensation or occupational health and safety is to be forwarded to the Occupational Health and Safety Committee, and

 

In all other circumstances information contained in the medical records is to remain confidential.

 

33.  Hepatitis Injections

 

As part of annual medical tests, Collectors may choose to undergo a blood test to check Hepatitis immunity levels. If an employee requires Hepatitis vaccination, Interlink will bear the costs of the Hepatitis vaccination injections only and not consultation costs.

 

34.  Training

 

Interlink will provide a real and genuine commitment to training and education to improve workforce skills and understanding of work related programmes. This training and education will be carried out after consultation with the employees and the site delegate predominantly during normal working hours.

 

35.  Alcohol and Other Drugs

 

It is agreed that no person will be allowed to enter the workplace if the person is under the influence of alcohol or any other substance which impairs the person's work, or is likely to create an unsafe working environment.

 

The Interlink Manager or his delegate may if he has a reasonable suspicion that an Employee is under the influence of alcohol or any other foreign substance, direct the Employee to leave the workplace. If the Employee refuses to leave the workplace, the matter will be referred to the Safety Committee.

 

The Employee as directed, will not be paid for the remainder of the day or shift. The Employee if rostered should report for work the following day if in an appropriate state.

 

36.  Counselling Procedure

 

With the object of retaining good Employer/Employee relations, no Employee will be dismissed (except for misconduct which would justify instant dismissal) unless the following procedures have been followed:

 

36.1      First Counselling (verbal): if management considers an Employee to be unsatisfactory for any reason, the Employer shall inform the Employee of the unsatisfactory nature of the Employee's conduct or capacity, giving the Employee the right to respond. If the Employee so requests, a witness of his/her choosing may be present.

 

36.2      Second Counselling (written): If the management is of the opinion that the Employee continues to remain unsatisfactory, the Employer shall again discuss with the Employee, in the presence of a witness if requested, the unsatisfactory nature of the Employee's conduct or capacity and advise the Employee that continuation of such unsatisfactory conduct or capacity may lead to dismissal. This second counselling will be committed to in writing by management with the Employee requested to sign acknowledgement.

 

36.3      Third and Final Counselling (written) If, after the two (2) counselling sessions, the employer still considers the Employee to be unsatisfactory and in the presence of a witness of the Employee's choosing, the Employee will again be counselled and advised that a continuing failure on his/her part to rectify the unsatisfactory nature of performance will lead to dismissal. This final counselling will be committed to in writing by management with the Employee being requested to sign the document.

 

37.  Union Procedures

 

37.1      Entry

 

Interlink will observe the right of Union officials to enter the Premises in accordance with Chapter 5, Part 7, of the Industrial Relations Act 1996. However the Union Official will report to the office and advise Interlink Management of the purpose for the visit prior to entering the work area.

 

37.2      Delegates

 

Interlink recognises the right of its Employees to have proper representation in their dealings with Management. The site delegate shall be allowed the necessary time during working hours to discuss with Interlink or its representative any matter affecting the Employee whom they represent. Such discussions should be arranged for times which are convenient to both parties. Before a delegate moves away from their area of work or commences to work on union business, permission must first be obtained from the Supervisor who shall not unreasonably refuse such a request.

 

A site delegate must obtain permission from their Supervisor before leaving their place of work for any meeting.

 

Leave with pay may be granted to site delegates for Union duties on request from the State Secretary or relevant organiser of the Union and at the discretion of Interlink having regard to work requirements.

 

37.3      Trade Union Training

 

Authorised delegates of the Union party to this Award who are nominated by the Secretary of the Union to attend a training course or programme conducted by the Union party to this Award shall be granted 40 hours per annum leave of absence while attending such course or courses provided that:

 

at least two weeks prior to attendance at the course or courses Interlink receives a written notice of the nomination from the Union Secretary setting out the times, dates, content and venue of the course,

 

Leave of absence granted shall be counted as time worked for the purpose of annual leave, sick leave and long service leave. Delegates attending shall receive their normal rate of pay whilst on such leave.

 

38.  Dispute Settlement Procedures

 

The Parties agree to facilitate the constructive and speedy resolution of any issue of concern at the workplace and recognise that this commitment is critical to maintaining harmonious relations between Interlink and its Employees. Subject to the provision of the Industrial Relations Act 1996, any dispute shall be dealt with in the following manner;

 

if an Employee has a grievance arising out of his or her employment with Interlink, the Employee shall notify the Manager of the substance of the grievance, request a meeting with that person and state the remedy sought.

 

If the matter cannot be resolved between the Employee or the Employee's representative and the Manager, it shall be referred to the Human Resources Manager or other officer nominated by Interlink who will then arrange for the matter to be discussed with the Union organiser. Where appropriate or deemed necessary, the Employee may elect to seek the assistance of his/her workplace delegate.

 

If the matter is still not resolved, the Employee may request the Human Resources Manager to refer the grievance to the General Manager and the Secretary of the Union,

 

All Parties must use their best efforts to resolve the grievance expeditiously and to the satisfaction of the Parties.

 

If the grievance is not resolved by the above process, the Parties may refer the grievance:

 

(a)        as a question, dispute or difficulty in respect of the Award, to the Industrial Relations Commission of New South Wales as an industrial dispute; or

 

(b)        to the Industrial Relations Commission of New South Wales in Court Session for a binding declaration of right under section 154.

 

Whilst the above procedures are being carried out, work will continue as it did prior to the grievance arising and no stoppage of work or any other form of limitation of work shall occur. Neither Party shall be prejudiced as to final settlement by the continuation of work in accordance with this clause.

 

39.  No Duress

 

The Parties declare that this Award was not entered into under any duress.

 

40.  No Extra Claims

 

Neither the Union, nor any Employee shall make any claim against Interlink for any increase in rates of pay or allowances or make any other claim during the life of this Award.

 

Signed for and on behalf of: The Australian Workers' Union New South Wales.

 

Signature of witness:

 

Signature of Union Secretary:

 

Name of Witness (print):

 

Name of Union Secretary:

 

SIGNED for and on behalf of: Interlink Roads Pty Ltd.  In Inc presence of:

 

Signature of witness:

 

Signature of General Manager:

 

Name of witness (print):

 

Name of General Manag:er

 

Appendix "A"

 

Classification	Rate Before	No: 1	No: 2	No: 3	No: 4
	Commencement	Wage Increase	Wage Increase	Wage Increase	Wage Increase
	of Award	2%	2%	2%	2%
Full -Time	$554.33	$565.42	$576.73	$588.26	$600.02
Collector	Per week	Per week	Per week	Per week	Per week
Part-Time	Pro-Rata	Pro-Rata	Pro-Rata	Pro-Rata	Pro-Rata
Collector	Collector	Collector	Collector	Collector	Collector
	Rate	Rate	Rate	Rate	Rate
Casual
Collector	Hourly Rate	Hourly Rate	Hourly Rate	Hourly Rate	Hourly Rate
The Casual
Collector
Hourly Rate
Defined
herein
Includes the
20% Casual	$17.51	$17.86	$18,22	$18.58	$18.95
Loading	Per hour	Per hour	Per hour	Per hour	Per hour

 

Appendix "B"

 

Classification	Rate Before	No: 1 Wage	No: 2 Wage	No: 3 Wage	No: 4 Wage
	Commencement	Increase	Increase	Increase	Increase
	of Award	2%	2%	2%	2%
Full-Time/	Hourly Rate	Hourly Rate	Hourly Rate	Hourly Rate	Hourly Rate
Part-time
Collector
Day, Shift	$14.5876	$14.8793	$15.1769	$15.4804	$15.7900
Afternoon
Shift
Including
17.5% Loading	$17.1404	$17.4832	$17.8328	$18.1894	$18.5531
Night Shift
Including
20% Loading	$17.5051	$17.8552	$18.2123	$18.5765	$18.9480
Saturday Work
including
50% Loading	$21.8814	$22.3190	$22.7654	$23.2207	$23.6851
Sunday Work
Including
100% Loading	$29.1752	$29.7587	$30.3538	$30.9608	$31.5800
Public Holiday
Including
150% Loading	$36.4690	$37.1984	$37.9423	$38.7011	$39.4751

 

 

I. W. CAMBRIDGE, Commissioner.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.