EASTERN
DISTRIBUTOR CONSENT (STATE) AWARD 2002
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application
by Employers First, an industrial
organisation of employers and a State Peak Council for Employers.
(No. IRC 3496 of 2003)
Before Commissioner Macdonald
|
7 July
2003
|
AWARD
Contents
Clause
No. Subject Matter
INTRODUCTION
1. Title
2. Date of Operation
3. Joint Statement
4. Interaction between Part A of this
Award and Part B of this Award
5. No Duress
6. No Extra Claims
PART
A
ORDINARY
WORKING ARRANGEMENTS
1. Title
2. Commencement
3. Introduction
4. Commitment
5. Contract of Employment
6. Duties
7. Hours of Work and Entitlements
8. Overtime
9. Rest Pauses
10. Paid Meal Break
11. Wage Increases
12. Electronic Funds Transfer
13. Restrictive Work Practices
14. Technological Change
15. Superannuation
16. Annual Leave
17. Sick Leave
18. Long Service Leave
19. Jury Service
20. Personal/Carer's Leave
21. Parental Leave
22. Bereavement Leave
23. Occupational Health and Safety
24. Clothing
25. Medical Examinations
26. Training
27. Alcohol and Other Drugs
28. Probationary Period
29. Union Procedure
30. Dispute Settlement Procedures
31. Anti-Discrimination
PART
B
FLEXIBLE
(12 HOUR) SHIFT ARRANGEMENTS
1. Title
2. Commencement
3. Introduction
4. Commitment
5. Contract of Employment
6. Duties
7. Hours of Work and Entitlements
8. Overtime
9. Rest Pauses
10. Paid Meal Break
11. Wage Increases
12. Electronic Funds Transfer
13. Restrictive Work Practices
14. Technological Change
15. Superannuation
16. Annual Leave
17. Sick Leave
18. Long Service Leave
19. Jury Service
20. Personal/Carer's Leave
21. Parental Leave
22. Bereavement Leave
23. Occupational Health and Safety
24. Clothing
25. Medical Examinations
26. Training
27. Alcohol and Other Drugs
28. Probationary Period
29. Union Procedure
30. Dispute Settlement Procedures
31. Anti-Discrimination
APPENDIX
A
ORDINARY
RATES OF PAY
Introduction
1. Title
The short title of this Consent Award shall be the 'Eastern
Distributor Consent Award 2002' ('Award').
2.
Date of Operation
2.1 This
Award shall commence on 1 October 2002.
Its nominal term will be three years.
2.2 This Award replaces the former Eastern
Distributor Consent Award published 18 January 2002 (330 I.G. 953), as varied,
so far as that instrument relates to the classifications in this Award. Part A of this Award applies to Toll
Collectors and Motorway Patrollers whose employment was formerly regulated by
the former Eastern Distributor Consent Award.
Part B of this Award applies to Motorway Patrollers whose employment was
formerly regulated by the Eastern Distributor Flexible Shift Agreement.
2.3 The
predecessor to this Award, the former Eastern Distributor Consent Award, was reviewed
pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of NSW on 18 December 1998 (308 IG. 307). The
changes made arising from the Review took effect on 1 May 2001.
3.
Joint Statement
3.1 This Award is between Leighton
Contractors Pty Limited ('Employer'), and The Australian Workers' Union, New
South Wales Branch (the 'Union'), acting on behalf of the Employees employed
under this Award, who are eligible to be members of the Union and who are
engaged to work on the Eastern Distributor.
3.2 This Award shall apply to the employment
by the Employer of Employees classified as Toll Collector and Motorway
Patroller required for the operations and maintenance work associated with the
Eastern Distributor.
4.
Interaction between Part A of this Award and Part B of this Award
4.1 Part A and Part B of this Award are
independent of each other. Each Part,
when read together with this Introduction and Appendix A, sets out exclusively
the terms and conditions of Employees to whom that Part applies. Only one of either Part A or Part B of this
Award will apply, at any particular time, to an Employee employed under this
Award.
Despite this,
certain clauses of Part A of this Award are incorporated by reference, with
some modifications, into Part B.
However, unless expressly incorporated by reference, no clause of Part A
will apply to an Employee to whom Part B applies, and vice versa.
4.2 Part A of this Award applies to:
all Employees
engaged to work as Toll Collectors;
those Employees
engaged to work as Motorway Patrollers as Day Work Employees (as defined in
Part A);
and those
Employees engaged to work as Motorway Patrollers as Casual Employees (as
defined in Part A).
Part B of this
Award applies to Full-time and Part-time Employees engaged to work as Motorway
Patrollers on Shift Work. The Employer
reserves the right to engage permanent Employees of these classifications to
work Day Work (as that term is defined by Part A) under the terms of Part A.
4.3 If the Employer no longer requires an
Employee of one of these classifications to work Day Work (as that term is
defined by Part A of this Award) under Part A, the Employee may be directed by
the Employer to commence Shift Work (as that term is defined by Part B) and,
therefore, from the date that the Employee commences Shift Work, Part B will
apply to the employee.
Further, if the
Employer and an Employee to whom Part B of this Award applies agree, the
Employee may cease Shift Work (as that term is defined by Part B) and work Day
Work (as defined by Part A), in which case Part A shall apply to the
Employee. If there is no agreement, the
Employee shall continue to be engaged according to the terms of Part B.
5. No
Duress
The Parties declare that this Award was not entered into
under any duress.
6. No
Extra Claims
Neither the Union, nor any Employee employed under this Award,
shall make any claim against the Employer for any increase in rates of pay or
allowances or make any other claim during the life of the Award.
PART A
ORDINARY WORKING ARRANGEMENTS
1.
Title
The short title of this part of the Award shall be Part A.
2.
Commencement
Part A shall apply to Employees engaged under its terms from
the date that the Award commences.
3.
Introduction
3.1 Definitions
'Afternoon Shift' means a Shift which starts between
1.00pm and 9.00pm.
'Award' means the Eastern Distributor Consent Award
2002.
'Casual Employee' means an Employee who is employed and
paid by the hour with a minimum guarantee of three hours' work each Shift and
whose employment terminates at the end of each Shift.
'Client' means the company to which the Employer
contracts to operate and maintain the Eastern Distributor.
'Continuous Shift Work' means work undertaken on the
basis of a continuous rotating Shift Roster.
'Continuous Shift Work Employee' means a Full-time or
Part-time Employee engaged to work or working Continuous Shift Work.
'Control Centre' means the Eastern Distributor
operation, maintenance and administration building located at 43 Bourke Street,
Woolloomooloo.
'Day Shift' means a Shift that starts between 5.00am
and 1.00pm.
'Day Work' means work undertaken between the hours of
6.00am and 6.00pm Monday to Friday that is not part of a Shift Roster.
'Day Work Employee' means an Employee who works Day
Work.
'Eastern Distributor' means the motorway from the
Cahill Expressway near the Domain Tunnel, to Southern Cross Drive near Link
Road, Rosebery and the areas adjacent nominated as 'Maintenance Areas' in the
contract between the Client and the Employer.
'Employee' means a person engaged by the Employer under
the terms of this Part A for the job classifications covered by this Part A and
includes Full-time, Part-time and Casual Employees.
'Employer' means Leighton Contractors Pty Limited NSW -
ACT Branch.
'Full-time Employee' means an Employee employed to work
an average of 38 hours per week.
'Holiday' means the Union's Picnic Day, being the first
Monday in December of each year or any other date agreed between the Union and
the Employer (provided that a picnic is held) and the following Public Holidays
and any other Public Holiday proclaimed under the relevant legislation from
time to time:
New Year's Day
|
Anzac Day
|
Australia Day
|
Queen's Birthday
|
Good Friday
|
Labour Day
|
Easter Saturday
|
Christmas Day
|
Easter Monday
|
Boxing Day
|
'Motorway Manager' means the person appointed by the
Employer to manage the operation and maintenance of the Eastern Distributor.
'Motorway Patroller' means an Employee whose duties are
defined in clause 6.2 of clause 6, Duties, of this Part A.
'Night Shift' means a Shift which starts between 9.00pm
and 5.00am.
'Ordinary Hours' means hours which form part of the
Ordinary Weekly Hours and which are paid at the Ordinary Time Rate of Pay.
'Ordinary Weekly Hours' means for:
(a) Day
Work Employees who are:
(i) Full-time -
38 hours per week to be worked 7.6 hours per day (not including any Paid Meal
Break) Monday to Friday inclusive between 6.00am and 6.00pm; or
(ii) Part-time -
An amount of regular hours between 15 and 37 hours per week to be worked between
3 and 7.6 hours per day (not including any Paid Meal Break) Monday to Friday
inclusive between 6.00am and 6.00pm; and
(b) Shift
Work or Continuous Shift Work Employees who are:
(i) Full-time - 38
hours per week when averaged over the Shift Roster Cycle to be worked 7.6 hours
per Shift (not including any Paid Meal Break); or
(ii) Part-time -
An amount of regular hours between 15 and 37 hours per week to be worked
between 3 and 7.6 hours per Shift (not including any Paid Meal Break).
'Ordinary Time Rate of Pay' means the hourly rate of
pay for each classification as set out in Appendix A.
'Overtime' means hours worked by an Employee in excess
of 7.6 Ordinary Hours per day (for Day Work), or 7.6 Ordinary Hours per Shift
(for Shift Work and Continuous Shift Work), as the case may be.
'Paid Meal Break' means a break taken in accordance
with subclauses 10.1 and 10.2 of clause 10, Paid Meal Break, of this Part A,
that does not form part of an Employee's Ordinary Hours or Ordinary Weekly
Hours and is paid in accordance with subclauses 10.3 and 10.4 of the said
clause 10.
'Parties' means the Employer, the Union and the
Employees.
'Part-time Employee' means an Employee employed on a
part-time basis as defined in clause 7, Hours of Work and Entitlements, of this
Part A.
'Premises' means all the land on which the Eastern
Distributor is located.
'Redundancy' occurs when an Employee's position ceases
to exist and may be caused by a variety of reasons, including, among others,
technological change, loss of business or economic downturn.
'Roster' means a schedule determining the hours of work
of Full-time, Part-time or Casual Employee, whether Day Work Employees, Shift
Work Employees or Continuous Shift Work Employees.
'Shift' means the work hours of a Full-time, Part-time
or Casual Employee in any one day.
'Shift Roster' means a schedule determining the hours
of work of Shift Work Employees or a schedule determining the hours of work of
Continuous Shift Work Employees, as the case requires.
'Shift Roster Cycle' means the period over which a
Shift Work Employee or a Continuous Shift Work Employee completes one full
cycle of Shift Work or Continuous Shift Work, respectively.
'Shift Work' means work regulated by a Shift Roster
that is not Continuous Shift Work.
'Shift Work Employee' means a Full-time, Part-time or
Casual Employee engaged to work or working Shift Work.
'Supervisor' means a person engaged by the Employer on
a salary basis to supervise the work of Employees.
'Toll Collector' means an Employee whose duties are
defined in subclause 6.1 of clause 6, Duties, of this Part A.
'Union' means The Australian Workers' Union, New South
Wales Branch
3.2 Location
The Employees will be based at the Control Centre or at
other locations on or adjacent to the Eastern Distributor as required by the
Employer from time to time.
3.3 Aims
The Parties have agreed to work together to develop a
committed and skilled work force that is focused on high productivity and safe
working conditions.
In particular the Parties have agreed to the following
specific objectives:
(a) to
provide a safe and healthy work place, adhere to and regard as a minimum
standard State or National Occupational Health and Safety Standards and Codes
of Practice;
(b) to
empower individuals to make and be accountable for decisions;
(c) to
promote a strong emphasis on teamwork;
(d) to
encourage innovative action by Employees;
(e) to
focus on the long term satisfaction of the Client and improvement of the
quality of service to the public;
(f) to
provide and maintain effective communication and genuine consultation between
the Parties;
(g) to
provide appropriate training to Employees;
(h) to
ensure that the Eastern Distributor remains open and tolls are collected 24
hours per day, each day of the year.
4.
Commitment
The Parties are committed to ensuring that:
(a) this
Part A leads to real gains in productivity and workplace efficiencies, without
any reduction in health and safety standards;
(b) all
requirements of this Part A and the Award are observed;
(c) no
further increases or decreases in any conditions, including but not limited to
rates of pay, to those provided for in this Part A will be claimed or paid
during the life of this Part A;
(d) stoppages
of work or other forms of industrial action will not occur at any time.
5.
Contract of Employment
5.1 Each
Employee shall be employed on either a full-time, part-time or casual basis
under one of the following classifications:
Toll Collector
Motorway Patroller
Full-time and Part-time Employees employed in the
classification of Motorway Patroller will not work Shift Work or Continuous Shift
Work under the terms of this Part A.
Part B of this Award contains the terms which apply to Full-time and
Part-time Employees of this classification who do not work Day Work.
Full-time and Part-time Employees will be given a
minimum period of notice for termination as specified in the Workplace Relations Act 1996.
An Employee's employment may be terminated by the
Employer without notice for serious and wilful misconduct. In such circumstances wages shall only be
paid up to the time of dismissal.
The Employer may deduct payment for any Shift or part
thereof where an Employee is absent from duty without reasonable cause.
5.2 It
is a fundamental requirement 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.
5.3 Continuous
Shift Work Employees and Shift Work Employees will be required to work regularly
on Saturdays, Sundays and Holidays to cover all operations of the Eastern
Distributor 24 hours per day, seven days per week, 52 weeks per year.
5.4 All
Employees may be required to work a reasonable amount of Overtime from time to
time as directed by the Motorway Manager to meet the demands for the operation
and maintenance of the Eastern Distributor.
5.5 Employees
engaged as Toll Collectors will handle large sums of cash. Toll Collectors will be subject to regular
security and audit procedures during
their employment. Video surveillance
equipment will monitor Toll Collectors on each Shift. In the event of any misappropriation of funds the Employee
responsible will be dismissed. Motorway Patrollers will also be subject to
video surveillance from time to time.
5.6 Redundancy
This subclause shall not apply to Casual Employees.
In the event of an Employee's position becoming
redundant, the Employer will apply the Employment
Protection Act 1982 (NSW) as amended from time to time.
The Employment
Protection Act 1982 provides for the following scale of severance payments
in respect of a continuous period of service:
(a) If
an Employee is under 45 years of age, the Employer shall pay in accordance with
the following scale:
Years of Service of
Age Entitlement
|
Under 45 Years
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 Weeks' Pay
|
2 years and less than 3 years
|
7 Weeks' Pay
|
3 years and less than 4 years
|
10 Weeks' Pay
|
4 years and less than 5 years
|
12 Weeks' Pay
|
5 years and less than 6 years
|
14 Weeks' Pay
|
6 years and over
|
16 Weeks' Pay
|
(b) Where
an Employee is 45 years old or over, the entitlement shall be in accordance
with the following scale:
Years of Service of
Age Entitlement
|
45 Years of Age
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 Weeks' Pay
|
2 years and less than 3 years
|
8.75 Weeks' Pay
|
3 years and less than 4 years
|
12.5 Weeks' Pay
|
4 years and less than 5 years
|
15 Weeks' Pay
|
5 years and less than 6 years
|
17.5 Weeks' Pay
|
6 years and over
|
20 Weeks' Pay
|
In this clause, "Weeks' Pay" means:
(i) for a
Full-time Employee, the applicable Ordinary Weekly Rate of Pay for the Employee's
classification as set out in Appendix A at the date of termination; and
(ii) for a
Part-time Employee, the amount equal to the Part-time Employee's Ordinary
Weekly Hours multiplied by the applicable Ordinary Hourly Rate of Pay for the
Employee's classification as set out in Appendix A at the date of termination.
6.
Duties
6.1 Toll
Collector
The duties of a Toll Collector include, but are not limited
to:
operation of manual booths, cleaning and attending
automatic toll collection systems;
collection and accounting for toll payments;
advising and directing drivers and other persons in
matters relating to traffic and toll collection;
identification and reporting of toll payment defaults
and incidents;
identification and reporting toll collection system
malfunctions;
rectifying toll collection system malfunctions for
which the collector has sufficient skills and training. Examples are clearing coin jams in automatic
coin machines, clearing printer jams, wiping light curtains, etc;
acting as Supervisor when required; and
other duties within the employees skills and training
as directed.
Toll Collectors will be supervised on each Shift by the
Supervisor. From time to time a Toll
Collector may be required to act in the capacity of Supervisor. A Supervisor may act as a Toll Collector as
and when required.
6.2 Motorway
Patroller
A Patroller has obligations to carry out duties as
directed. Any direction by the Employer
must be consistent with a safe and healthy workplace.
The Employer may direct a Patroller to carry out such
duties and use such tools and equipment as may be required and are within the
limits of the Patroller’s skills, competence and training, consistent with the
enterprise’s requirements and this Award.
The duties of a Motorway Patroller include, but are not
limited to:
the operation and maintenance of plant and equipment,
including, but not limited to, tunnel wall washing equipment, elevating work
platform, road sweeper;
removal of obstructions to traffic from the Motorway;
inspection, reporting, maintenance and cleaning
activities;
attendance at emergencies and incidents as directed;
advising and directing drivers and other persons in
matters relating to traffic movements; and
other duties as directed.
7.
Hours of Work and Entitlements
Most Employees will normally be engaged on Shift Work or
Continuous Shift Work, but may be required to work Day Work from time to
time. The Motorway Manager shall
determine the starting and finishing times for all Employees.
For the purposes of determining the application of Shift
Allowances and Allowances for work on Saturday, Sunday and Holidays, the
following shall apply:
(i) Saturday
commences at midnight Friday night and finishes midnight Saturday night;
(ii) Sunday
commences at midnight Saturday night and finishes midnight Sunday night; and
(iii) A Holiday
commences at midnight the day immediately preceding the Holiday and finishes at
midnight on the Holiday.
A Roster may vary from time to time but any changes to
the Roster will be notified to the relevant Employees at least seven days in
advance.
Employees shall be available for work for all Shifts,
which they are rostered to work and shall perform all necessary duties in each
Shift.
When a Continuous Shift Work Employee or Shift Work
Employee (not including Casual Employees) is not rostered to work on a Holiday,
the Employee shall receive, in the Employer’s discretion, either an additional
7.6 hours’ wages (calculated at the applicable Ordinary Time Rate of Pay) or
the equivalent amount of time off work (paid at the applicable Ordinary Time
Rate of Pay). Where the Employee is a
Part-time Employee, the Employee will receive the equivalent pro rata benefit
(calculated according to the formula in subclause B of this clause).
Shift changes for Toll Collectors shall take place in
the toll booth. Shift changes for
Motorway Patrollers shall take place in the Control Centre. In the event of the on-coming Employee not reporting
for duty at the normal Shift change-over time, the off-going Employee shall
remain on duty until relieved.
Where an Employee is both:
(a) After the
expiration of their Shift finishing time; and
(b) After leaving
the Employer’s premises,
recalled to work without prior notice, the Employee
shall be paid at the appropriate rate set out in either subclause 8.1 (Day Work
Employees) or subclause 8.2 (Shift Work Employees and Continuous Shift Work
Employees) of clause 8, Overtime, of this Part A.
An Employee recalled to work in
this way shall be paid at that rate for a minimum of three hours' work.
Allowances
(i) An Employee
who has a current senior first aid certificate shall be entitled to an
Allowance of $0.25 per hour worked, and this Allowance shall not attract any
penalty or premium.
(ii) An appointed
Leading Hand shall be paid an Allowance of $0.60 cents per hour for hours
worked as a Leading Hand. This
Allowance shall not attract any penalty or premium.
(iii) A Toll
Collector who is rostered to act in the capacity of a Supervisor shall be paid
an Allowance of an additional $3.50 per hour to the wage rates for a Toll
Collector defined in this Part A for hours worked as a Supervisor. The $3.50 per hour shall only be paid for
hours worked as a Supervisor and will not attract any penalty or premium.
Each of these Allowances shall increase by the same
percentages and at the same times as specified for wage increases in clause 11,
Wage Increases, of this Part A, i.e. the first increase to the quantums defined
in (i), (ii) and (iii) above shall apply from 1 October 2002.
A. Full-time
Employees
Each Full-time Employee shall work Ordinary Weekly
Hours.
(i) Day Work
The Ordinary Hours of a Full-time Employee on Day Work shall
be paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
Overtime worked by a Full-time Employee on Day Work
shall be paid at the rate set out in subclause 8.1 of clause 8, Overtime, of
this Part A.
(ii) Shift Work and
Continuous Shift Work
The Ordinary Hours of a Full-time Employee on Shift
Work or Continuous Shift Work shall be paid at the applicable Ordinary Time
Rate of Pay for the Employee's classification.
(a) Monday to
Friday
A Full-time Employee on Shift Work or Continuous Shift
Work shall be paid the following Shift Allowances for Ordinary Hours worked
between Monday and Friday:
Day Shift
|
Nil
|
Afternoon Shift
|
17.5% of the Ordinary Time
Rate of Pay
|
Night Shift
|
20% of the Ordinary Time Rate
of Pay
|
(b) Saturday,
Sunday and Holidays
A Full-time Employee on Shift Work or Continuous Shift
Work shall be paid the following Shift Allowances for Ordinary Hours (and, if
applicable and subject to paragraph (d) below, for Overtime), worked on Saturday,
Sunday or Holidays:
Saturday
|
50% of the Ordinary Time Rate
of Pay
|
Sunday
|
100% of the Ordinary Time
Rate of Pay
|
Holidays
|
150% of the Ordinary Time
Rate of Pay
|
The Shift Allowances for hours of work worked by a Full-time
Employee on Shift Work or Continuous Shift Work on Saturday, Sunday or Holidays
shall only apply to that part of a Shift actually worked on a Saturday, Sunday
or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples, any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee on Night Shift which commences at 10.00pm
on a Friday night and finishes at 6.06am on a Saturday morning will only be
entitled to:
The Night Shift Allowance under paragraph (a) above,
but only for those hours worked up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee on an Afternoon Shift which commences at
6.00pm Saturday and finishes at 2.06am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee on a Night Shift which commences at 11.00pm
on a Holiday and finishes at 7.06am the next day (which is not a Saturday,
Sunday or Holiday) will only be entitled to:
The Holiday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Shift Allowance, but only for those hours
worked after 12 midnight.
(d) Overtime
Overtime worked by a Full-time Employee on Shift Work
and Continuous Shift Work shall be paid at the rate set out in subclause 8.2 of
clause 8, Overtime, of this Part A.
An Employee is not entitled to both a Shift Allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime Penalty.
The Employee shall be paid the higher of an applicable Shift Allowance
or Overtime Penalty.
Example 1
(NOTE: In the following examples, any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee who works a Shift from 10.00pm on Friday
Night to 9.06am Saturday morning shall only be entitled to:
The Night Shift Allowance, but only for those hours worked
up to midnight;
The Saturday Shift Allowance, but only for those hours
worked from midnight to 6.06am Saturday morning;
The Overtime Rate (time and a half) in respect of the
first two hours of Overtime worked, that is, from 6.06am up until 8.06am; and
The Overtime Rate (double time) in respect of Overtime
hours in excess of two hours' Overtime, that is, from 8.06am up until 9.06am.
Example 2
An Employee who works a Shift from 10.00pm on Saturday
Night to 8.06am Sunday morning shall only be entitled to:
The Saturday Shift Allowance, but only for those hours
worked up to midnight;
The Sunday Shift Allowance for the remainder of the
hours worked, even though the Employee is working two hours of Overtime. This is because the Overtime rate is calculated
by reference to the earnings the Employee receives under normal working
conditions on a Sunday, which is the Ordinary Time Rate of Pay + 100%, which is
higher than the normal Overtime Rate of time and a half, and an Employee is
entitled to the higher rate.
B. Part-time
Employees
A Part-time Employee is an Employee, other than a
Full-time Employee or a Casual Employee, engaged to work regular hours each
week in accordance with a Roster with a minimum engagement of 15 hours per week
and a maximum engagement of 37 hours per week.
The Ordinary Hours of a Part-time Employee shall be
worked continuously, excluding any Paid Meal Break, and shall not be less than
3 or more than 7.6 hours.
A Part-time Employee may work Day Work, Shift Work or
Continuous Shift Work.
A Roster for a Part-time Employee shall set out the
days and the starting and ceasing times the Part-time Employee works each week
or as otherwise arranged by mutual agreement.
A Part-time Employee shall be entitled to Sick Leave, Jury
Service, Bereavement leave and Parental Leave on a pro rata basis calculated as
follows:
Part-time
|
|
Part-time
Employee's
|
|
Equivalent
Full-time
|
Employee's
|
=
|
Ordinary Weekly
Hours
|
x
|
Employee's
|
Entitlements
|
|
38
|
|
Entitlements
|
(i) Day Work
The Ordinary Hours of a Part-time Employee on Day Work
shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
Overtime worked by a Part-time Employee on Day Work, being
work in excess of 7.6 hours in a day, shall be paid at the rate set out in
subclause 8.1 of clause 8, Overtime, of this Part A.
(ii) Shift
Work and Continuous Shift Work
The Ordinary Hours of a Part-time Employee on Shift
Work or Continuous Shift Work shall be paid at the applicable Ordinary Time
Rate of Pay for the Employee's classification.
(a) Monday to
Friday
A Part-time Employee on Shift Work or Continuous Shift
Work shall be paid the following shift allowances for Ordinary Hours worked between
Monday and Friday:
Day Shift
|
Nil
|
Afternoon Shift
|
17.5% of the Ordinary Time
Rate of Pay
|
Night Shift
|
20% of the Ordinary Time Rate
of Pay
|
(b) Saturday,
Sunday and Holidays
A Part-time Employee on Shift Work or Continuous Shift Work
shall be paid the following Shift Allowances for Ordinary Hours (and, if
applicable and subject to paragraph (d) below, for Overtime), worked on
Saturday, Sunday or Holidays:
Saturday
|
50% of the Ordinary Time Rate
of Pay
|
Sunday
|
100% of the Ordinary Time
Rate of Pay
|
Holidays
|
150% of the Ordinary Time
Rate of Pay
|
The Shift Allowances for hours of work worked by a
Part-time Employee on Shift Work or Continuous Shift Work on Saturday, Sunday or
Holidays shall only apply to that part of a Shift actually worked on a
Saturday, Sunday or Holiday.
(c) Interaction of
Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples, any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee on Night Shift which commences at 10.00pm
on a Friday night and finishes at 4.00am on a Saturday morning will only be
entitled to:
The Night Shift Allowance under paragraph (a) above, but
only for those hours worked up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee on an Afternoon Shift which commences at
6.00pm Saturday and finishes at 1.00am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee on a Night Shift which commences at 11.00pm
on a Holiday and finishes at 3.00am the next day (which is not a Saturday,
Sunday or Holiday) will only be entitled to:
The Holiday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Shift Allowance, but only for those hours
worked after 12 midnight.
(d) Overtime
Overtime worked by a Part-time Employee on Shift Work
and Continuous Shift Work, being work in excess of 7.6 hours per Shift, shall
be paid at the rate set out in clause 8.2 of clause 8, Overtime, of this Part
A.
An Employee is not entitled to both a Shift Allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime Penalty.
The Employee shall be paid the higher of an applicable Shift Allowance
or Overtime Penalty.
C. Casual
Employees
Subject to paragraph (d) below, all hours worked by a
Casual Employee shall be paid at the applicable Ordinary Time Rate of Pay for the
Employee's classification.
A Casual Employee must be available for work on call at
the discretion of the Motorway Manager.
A Casual Employee shall be provided with a minimum of
three hours' work on each Shift.
Loading, Allowances and Penalties
(a) A Casual
Employee shall be paid a casual loading of 20% of the Ordinary Time Rate of Pay
for all hours worked, which is in lieu of Sick Leave, Bereavement Leave, etc.
(b) Subject to
paragraph (e) below, a Casual Employee shall be paid the following Shift Allowances
for Shifts worked between Monday to Friday:
Where a Shift commences between 1.00pm and 9.00pm, and
does not finish before 6.00pm - 17.5% of the Ordinary Time Rate of Pay; and
Where a Shift commences between 9.00pm and 5.00am - 20%
of the Ordinary Time Rate of Pay.
(c) Subject to
paragraph (e) below, a Casual Employee shall be paid the following Shift
Allowances for all hours worked on a Saturday, Sunday or Holiday:
Saturday
|
50% of the Ordinary Time Rate
of Pay
|
Sunday
|
100% of the Ordinary Time
Rate of Pay;
|
Holiday
|
150% of the Ordinary Time
Rate of Pay
|
(d) Subject to
paragraph (e) below, hours worked by a Casual Employee in excess of 7.6 hours in
a Shift (not including any Paid Meal Break) shall be considered Overtime and
shall be paid at the rate (calculated on the applicable Ordinary Time Rate of
Pay for the Employee's classification) prescribed in subclause 8.2 of clause 8,
Overtime.
(e) In calculating
wages for a Casual Employee:
The Loading, Allowances and Penalties in (a) - (d)
above are paid in addition to the Employee's applicable Ordinary Time Rate of
Pay;
The allowances and penalties in (b), (c) and (d) above
shall not be included for the purposes of the calculation of the loading in (a)
above;
The shift allowances under (b) and (c) are not
cumulative.
A Casual Employee is not entitled to both a Shift
llowance under (b) or (c) above and the Overtime Penalty in (d) above. The Casual Employee shall be paid the higher
of an applicable Shift Allowance or Overtime Penalty.
Example
A Casual Employee who works a Shift from 10.00pm Sunday
to 8.06am Monday (and takes a Paid Meal Break in the middle of the Shift) will
be entitled to the following:
The Ordinary Time Rate of Pay multiplied by 9.6 (the
number of hours worked by the Casual Employee); plus
20% of the Ordinary Time Rate of Pay multiplied by 9.6
(the Casual Loading for the number of hours worked by the Casual Employee);
plus
A Shift Allowance of 100% of the Ordinary Time Rate of
Pay for those hours worked up to midnight on Sunday night (the Sunday
Allowance); plus
A Shift Allowance of 20% of the Ordinary Time Rate of
Pay for those hours worked (which do not include the Paid Meal Break) between
midnight and 6.06am Monday morning (the Night Shift Allowance); plus
A Penalty of 50% of the Ordinary Time Rate of Pay for
those Overtime hours worked between 6.06am and 8.06am (the applicable Overtime
Penalty); plus
The Ordinary Time Rate of Pay multiplied by time and a
half (the payment for the Paid Meal Break).
8.
Overtime
8.1 Full-time
and Part-time Employees on Day Work required to work Overtime shall be paid at
the rate of time and one half for the first two hours and double time
thereafter, calculated using the Employee's applicable Ordinary Time Rate of
Pay.
8.2 Full-time
and Part-time Employees on Shift Work or Continuous Shift Work required to work
Overtime shall be paid:
(a) at the rate of time and one half for the
first two hours and double time thereafter, calculated using the Employee’s
applicable Ordinary Time Rate of Pay; or
(b) at
the Employee’s applicable Ordinary Time Rate of Pay plus any applicable Shift
Allowance.
whichever is the greater.
8.3 Where
Overtime is necessary, it shall, wherever reasonably practicable, be so
arranged such that Employees have at least ten consecutive hours off duty
between Shifts. An Employee who works
Overtime following the cessation of his/her normal work on one day and who has
not had at least ten consecutive hours off duty between cessation of the
Overtime and the commencement of his/her next Shift shall, subject to this
clause, be released after completion of such Overtime and not be required to
report back to work until the Employee has had ten consecutive hours off
duty. An Employee required to take time
off duty to ensure compliance with this clause will be permitted to do so
without loss of pay.
8.4 If,
on the instruction of the Employer, such an Employee resumes work without
having had ten consecutive hours off duty between Shifts, 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 ten consecutive
hours off duty, without loss of pay.
8.5 Subclauses
8.1, 8.2 and 8.4 of this clause shall not apply when the time worked is by an
arrangement between the Employees themselves or when the rotation of Shifts
(e.g. Afternoon Shift to Night Shift) has necessitated work in excess of the
Ordinary Hours as part of a revised Shift Roster.
8.6 Employees
may be required to work a reasonable amount of Overtime under the terms of this
Part A.
8.7 Meal
Allowance
Employees who are required to work more than one and one
half hours overtime immediately after normal ceasing time and who have not had
at least 24 hours' notice of the requirement to work such overtime shall be
paid a meal allowance of $12.00.
9.
Rest Pauses
9.1 Employees
who work a minimum of four consecutive hours on any day shall be entitled to a
rest pause of ten minutes' duration without loss of pay during the first four
hours. 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.
9.2 In
order to meet the requirements of the operation or maintenance of the Eastern
Distributor, the Employer may direct an Employee to return to work if the
Employee is taking a rest pause in accordance with subclause 9.1 of this
clause. Should the Employer give such a
direction to the Employee, the Employee shall be entitled to another rest pause
in accordance with the said subclause 9.1, but only for the length of time
equal to that part of the rest pause which the Employee did not receive because
of the direction of the Employer.
10.
Paid Meal Break
10.1 Employees
who work more than five continuous hours shall be entitled to a Paid Meal Break
of 30 minutes, to be taken approximately mid-way through their work period on
either day or shift hours of work.
However, the time of taking the Paid Meal Break may be varied at any
time to meet the requirements of the operation and maintenance of the Easter
Distributor.
10.2 In
order to meet the requirements of the operation or maintenance of the Eastern
Distributor, the Employer may direct an Employee to return to work if the
Employee is taking a Paid Meal Break.
Should the Employer give such a direction to the Employee, the Employee
shall be entitled to another Paid Meal Break in accordance with subclause 10.1
of this clause, but only for the length of time equal to that part of the Paid
Meal Break which the Employee did not receive because of the direction of the
Employer.
10.3 In recognition of the fact that an
Employee may be recalled to work during their Paid Meal Break, an Employee
shall be paid at time and a half of the Ordinary Time Rate of Pay for that
Employee's classification during a Paid Meal Break.
10.4 Despite
subclause 10.3 of this clause, the Paid Meal Break shall not:
(a) form
part of the Ordinary Hours or Ordinary Weekly Hours of an Employee;
(b) be
included for the purposes of calculating Overtime; and
(c) entitle
the Employee to receive any allowance or penalty in respect of the Paid Meal
Break apart from that referred to in the said subclause 10.3.
11. Wage Increases
This Award contains provision for wage increases of a 4%
increase operative from the first full pay period to commence on or after 1/10/02,
a 2% increase operative from the first full pay period to commence on or after
1/10/03, a 2% increase operative from the first full pay period to commence on
or after 1/4/04, a 2.5% increase operative from the first full pay period to
commence on or after 1/10/04 and a 2.5% increase operative from the first full
pay period to commence on or after 1/4/05 as defined in Appendix A.
12.
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.
13.
Restrictive Work Practices
It shall be a key function of all Employees in conjunction
with the Motorway Manager to:
(a) formulate
an action plan aimed at the elimination of any restrictive work practice; and
(b) carry
out the action so planned.
14.
Technological Change
The Parties accept that during the life of this Part A it
may be necessary for the Employer to implement technological change. If this situation arises, Employees will be
kept informed of proposed changes.
15.
Superannuation
The Employer shall pay the Trustee of the Australian Public
Superannuation Fund, on behalf of each Employee, a contribution of an amount as
prescribed by the Superannuation
Guarantee (Administration) Act 1992, from time to time. Contributions shall be payable from the date
of the commencement of employment of the Employee with the Employer. Contributions shall be paid into the (APS)
Fund on a monthly basis.
16.
Annual Leave
16.1 Full-time and
Part-time Employees
(a) Except
as provided by this clause 16, the Annual
Holidays Act 1944 (NSW) ('Act'), or any act which replaces the Act, each as
amended, shall apply.
(b) Where a Shift
Work Employee or a Continuous Shift Work Employee takes a period of Annual
Leave, any Saturdays and Sundays falling within that period shall be treated as
normal working days for the purposes of calculating the Employee's entitlement
to Annual Leave.
(c) Where an
Employee takes a period of Annual Leave and a Holiday falls within that period,
the Holiday shall not be included as part of the period of annual leave.
(d) In addition to
their entitlement to a period of leave under the Act, a Full-time or Part-time
Employee who is a seven-day Shift Worker, that is, an Employee who is required
under the Shift Roster to work regularly on Sundays and Holidays, shall be
allowed one week's leave, payable in accordance with this clause. However, if a Full-time or Part-time
Employee has only served a portion of the year of employment as a seven-day
Shift Worker, this additional leave shall be one day for every 36 Shifts worked
as a seven-day Shift Worker.
(e) Except as
provided by paragraph (f) below, a Full-time or Part-time Employee will be
entitled to the following payments while on a period of Annual Leave as
provided by this clause:
(i) the
Employee's Ordinary Weekly Pay for each week that the Employee is on a period
of Annual Leave; and
(ii) all Shift
Allowances (including Saturday and Sunday but not including Holiday Shift
Allowances) calculated in accordance with clause 7, Hours of Work and
Entitlements, which the Employee would have been entitled to receive if they had
worked during the period for which Annual Leave has been taken.
(f) Despite
paragraph (e) above, if an Employee has at least 12 months' continuous service,
the Employee shall be entitled to the following payments upon taking a period
of Annual Leave:
(i) the
Employee's Ordinary Weekly Pay for each week that the Employee is on a period
of Annual Leave; and
(ii) the greater
of:
(A) all Shift
Allowances (including Saturday and Sunday but not including Holiday Shift
Allowances) calculated in accordance with the said clause 7 which the Employee
would have been entitled to receive if they had worked during the period for
which Annual Leave has been taken; or
(B) an Annual Leave
Loading of 17.5% of the Employee's Ordinary Weekly Pay for each week that the Employee
is on a period of Annual Leave.
(g) Where the
employment of an Employee is terminated by the Employer for a reason other than
malingering, inefficiency, neglect of duty, misconduct or misappropriation, and
at the time of the termination the Employee has not been given, and has not
taken, the whole of the Annual Leave to which the Employee has become entitled,
the Employee shall be paid a loading calculated in accordance with section (B)
of subparagraph (ii) of paragraph (f) of this subclause. This loading shall not be payable to an
Employee upon termination except in accordance with this ssection.
(h) An Employee
must obtain the approval of the Motorway Manager before taking any period of
Annual Leave.
(i) For the purposes
of this subclause, 'Ordinary Weekly Pay' means:
(i) for a
Full-time Employee - the applicable Ordinary Weekly Rate of Pay as set out in
Appendix A for the Employee's classification at the time of taking the period
of Annual Leave plus, where applicable, the weekly amount ordinarily received
by the Employee in respect of:
(A) Supervisor,
First Aid and Leading Hand Allowances; and
(B) Paid Meal
Breaks; and
(ii) for a
Part-time Employee - the applicable Ordinary Hourly Rate of Pay as set out in
Appendix A for the Employee's classification at the time of taking the period
of Annual Leave multiplied by the Employee's Ordinary Weekly Hours plus, where
applicable, the weekly amount ordinarily received by the Employee in respect
of:
(A) Supervisor, First
Aid and Leading Hand Allowances; and
(B) Paid Meal
Breaks.
16.2 Casual
Employees
(a) Casual
Employees engaged under this Part A shall only be entitled to Annual Leave as
set out in (b) below.
(b) A Casual
Employee is entitled to a payment in respect of Annual Leave each week,
calculated as follows:
Annual Leave Payment
|
=
|
The Employee’s
Ordinary Weekly Pay
|
|
|
12
|
(c) For the purposes of this subclause,
‘Ordinary Weekly Pay’ means (applicable Ordinary Time Rate of Pay plus 20%) multiplied
by the number of hours worked by the Casual Employee in the week plus, where
applicable, any payment paid during the week to the Casual Employee in respect
of:
(A) Shift Allowances
(including Saturday and Sunday but not including Holiday Shift Allowances, nor
Overtime Allowances or Penalties paid in excess of the Ordinary Time Rate of
Pay under paragraph (d) of subclause C of clause 7, Hours of Work and
Entitlements;
(B) First Aid,
Supervisor and Leading Hand Allowances; and
(C)
Paid Meal Breaks.
17.
Sick Leave
A Casual Employee is not entitled to paid Sick Leave under
this Part A.
An Employee other than a Casual Employee shall, after three
months' continuous service, be entitled to paid leave for genuine illness or
injury, subject to the following conditions and limitations:
(a) the
Employee shall, where practicable, prior to but definitely within 24 hours of
the commencement of such absence, inform the Employer of their 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) the
Employee shall prove to the satisfaction of the Employer, by the production of
a medical certificate or other evidence satisfactory to the Employer, that the
Employee was unable on account of such illness or injury to attend for duty on
the day or days for which Sick Leave is claimed;
(c) Full-time
Employees shall be entitled to Sick Leave of up to 76 Ordinary Hours for each
year of employment, which shall accumulate, from year to year, to a maximum of
760 hours. No payments will be made in
lieu of untaken Sick Leave.
(d) Sick
Leave shall be paid at the Ordinary Time Rate of Pay as set out for each
classification in Appendix A.
(e) The
Employer reserves the right to refer any Employee for an independent medical
opinion at the Employer's expense.
(f) Part-time
Employees shall be entitled to sick leave on a pro-rata basis as described in
clause 7, Hours of Work and Entitlements, of this Part A.
18.
Long Service Leave
The Long Service Leave
Act 1955, or any Act which replaces this Act, each as amended, shall apply.
19.
Jury Service
Casual Employees are not entitled to any Jury Service under
this Part A.
Employees required to attend for Jury Service during
rostered working hours shall be reimbursed by the Employer an amount equal to
the difference between the amount paid in respect of attendance for such Jury
Service and the Ordinary Time Rate of Pay in respect of those hours the
Employee would have worked had the Employee not been on Jury Service. An Employee shall notify the Employer as
soon as possible of the date upon which attendance for Jury Service is
required. Further, the Employee shall
give the Employer proof of attendance, the duration of such attendance and the
amount received in respect of such Jury Service.
20.
Personal/Carer's Leave
20.1 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) of this
subclause, 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 at clause 17, Sick Leave, of this Part A, 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 stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grand-parent, 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 paragraph:
(i) 'relative'
means a person related by blood, marriage or affinity;
(ii) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) 'household'
means a family group living in the same domestic dwelling.
(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 absence.
20.2 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 person as set out in
subparagraph (ii) of paragraph (c) of subclause 20.1 of this clause who is ill.
20.3 Annual
Leave
(a) An
Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), 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 Part A.
(c) An
Employee and the 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.
20.4 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 Ordinary
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 this Part A.
20.5 Make-up Time
(a) A
Day Work 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 Ordinary Hours provided in this
Part A, at the Ordinary Time Rate of Pay.
(b) A
Shift Work Employee or Continuous Shift Work 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), at the Shift
Work Rate which would have been applicable to the hours taken off.
21.
Parental Leave
The Industrial
Relations Act (NSW) 1996, Chapter 2, Part 4, Divisions 1 and 2 shall apply.
22.
Bereavement Leave
22.1 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 22.3 of this clause.
22.2 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.
22.3 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 subparagraph (ii) of
paragraph (c) of subclause 20.1 of clause 20, Personal/Carer's Leave, of this
Part A provided that, for the purpose of Bereavement Leave, the Employee need
not have been responsible for the care of the person concerned.
22.4 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.
22.5 Bereavement
Leave may be taken in conjunction with other leave available under subclauses
20.2, 20.3, 20.4 and 20.5 1of the said clause 20. In determining such a request the Employer will give
consideration to the circumstances of the Employee and the reasonable operation
requirements of the business.
22.6 Further,
an Employee other than a Casual Employee 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 the Employee's spouse
(which includes de-facto spouse), or parent (which includes a stepparent or
foster parent), and where the Employee travels outside of Australia to attend
the funeral.
23.
Occupational Health and Safety
It is recognised that safety is a team commitment involving
Managers, Supervisors and Employees working together through consultation and
co-operation.
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.
Information, instruction and training in safe methods of
work, relevant legislation, safety procedures, etc., will be provided to all
Employees.
The Employer shall provide and the Employee shall wear and
use protective clothing and safety equipment nominated by the Employer from
time to time. The Employee shall
request any additional protective clothing or safety equipment required in
addition to normal issue and the Employer shall not refuse any reasonable
request. Protective clothing and safety
equipment shall remain the property of the Employer.
Adequate first aid facilities shall be maintained by the
Employer in accordance with the Occupational
Health and Safety Act 2000 and its regulations, as amended.
24.
Clothing
Upon appointment the Employer shall issue each Employee with
an initial issue of uniform items.
Such items shall be replaced or exchanged on a one-for-one
basis as required to maintain a proper presentation in the work place with a
minimum replacement period of 12 months.
Such uniforms shall remain the property of the Employer 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 the Employer.
Where an Employee for no good reason fails to return items
of issued clothing, the Employer may deduct an amount of $50 from the Employee's
termination pay, excluding Annual Leave or Long Service Leave payments.
Each Employee is responsible for laundering and maintaining
uniforms in a presentable condition. A
Laundering Allowance is included in the rates of pay for all classifications.
25.
Medical Examinations
In addition to the pre-employment examination, the Employer
will arrange for general medical examinations of Employees covered by this Part
A every 12 months and, in addition, lead level and audiogram testing will be
conducted every 12 months. There will
be no payment in excess of ordinary wages 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 the Employer;
The Employer 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; and
In all other circumstances information contained in the
medical records is to remain confidential.
26.
Training
The Employer will provide training and education to improve
workforce skills and understanding of work-related programmes. This training and education will be carried
out wherever practical during normal working hours.
27. Alcohol and Other Drugs
It is agreed that no Employee will be allowed to enter the
workplace if the Employee is under the influence of alcohol or any other
substance which impairs the Employee's work or is likely to create an unsafe
working environment.
The Motorway Manager or his nominee may if he has a
reasonable suspicion that an Employee is under the influence of alcohol or any
other substance, direct the Employee to leave the workplace.
The Employee so directed will not be paid for the remainder
of the day or Shift. The Employee if
rostered should report for work the following day.
28.
Probationary Period
All Employees will be employed on the basis of an initial three-month
probationary period. During this
period, the Employee’s suitability for continued employment will be
assessed. Prior to the completion of
the probationary period, Leighton may offer employment to the Employee in
accordance with this Award.
Should any Employee not be suitable after Management has
explained its concerns and given the Employee an opportunity to improve, the
Employee may be dismissed with one week’s notice.
29.
Union Procedure
29.1 Entry
The Parties acknowledge Chapter 5, Part 7 of the NSW Industrial Relations Act 1996. Union Officials will be granted access to
the work areas upon reasonable notice being afforded to the Motorway
Manager. It would be preferable for the
officials to state the purpose of their visit when giving notice.
29.2 Delegates
The Employer recognises the right of its Employees to
be represented in their dealings with their Employer if they so choose. The site delegate shall be allowed
reasonable time during working hours to discuss with the Employer or its
representative any matter affecting an Employee whom the Union represents. Such discussions should be arranged for
times which are convenient to both parties.
Before a delegate moves away from their area of work, permission must
first be obtained from the Supervisor.
30.
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 the Employer
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 the Employer, the Employee shall notify the Supervisor 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 Supervisor, it shall be referred to
the Motorway Manager. Where appropriate
or deemed necessary, the Employee may elect to seek the assistance of his/her
workplace delegate or any other person.
If the matter is still not resolved, the Employee may
request the Motorway Manager to refer the grievance to the Civil Operations
Manager - New South Wales & ACT Branch or Leighton's Manager - Industrial
Relations New South Wales & ACT.
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 to the Industrial Relations Commission of New
South Wales:
(a) as
a question, dispute or difficulty in respect of the Award (including this Part
A); or
(b) 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.
31.
Anti-Discrimination
31.1 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 ground
of race, sex, marital status, disability, homosexuality, transgender identity,
age, and carer’s responsibility.
31.2 It follows that,
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Part A, 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.
31.3 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 compliant of unlawful discrimination or harassment.
31.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a Party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
31.5 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) Companies and
Employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the 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."
PART B
FLEXIBLE (12 HOUR) SHIFT ARRANGEMENTS
1.
Title
The short title of this part of the Award shall be Part B.
2.
Commencement
2.1 Part B shall apply to Employees engaged
under its terms from the date that the Award commences.
2.2 The Parties acknowledge that the
Employer is under no obligation to continue to employ Employees under the terms
of this Part B beyond the expiry of the Award.
2.3 The
terms of this Part B and the work practices outlined in this Part B will not be
used by the Parties as a basis or precedent for making any future claim or
demand.
3. Introduction
3.1 Definitions
'Afternoon Work' means work undertaken between 2.00pm
and 10.00pm.
'Award' means the Eastern Distributor Consent Award
2002.
'Client' means the company to which the Employer
contracts to operate and maintain the Eastern Distributor.
'Continuous Shift Work' means work undertaken on the
basis of a continuous rotating Shift Roster.
'Continuous Shift Work Employee' means a Full-time or
Part-time Employee engaged to work or working Continuous Shift Work.
'Control Centre' means the Eastern Distributor
operation, maintenance and administration building located at 43 Bourke Street,
Woolloomooloo.
'Eastern Distributor' means the motorway from the
Cahill Expressway near the Domain Tunnel, to Southern Cross Drive near Link
Road, Rosebery and the areas adjacent nominated as 'Maintenance Areas' in the
contract between the Client and the Employer.
'Employee' means a person engaged to work Shift Work by
the Employer on a permanent basis for the job classifications covered by this
Part B and, for the avoidance of doubt, means persons who would otherwise be
categorised under Part A to be:
(a) Shift
Work Employees (as defined in Part A); or
(b) Continuous
Shift Work Employees (as defined in Part A),
and includes Full-time and
Part-time Employees.
'Employer' means Leighton Contractors Pty Limited NSW -
ACT Branch.
'Full Time Employee' means an Employee employed to work
38 hours per week when averaged over the length of the Shift Roster Cycle,
excluding Paid Meal Breaks.
'Holiday' means the Union's Picnic Day, being the first
Monday in December of each year or any other date agreed between the Union and
the Employer (provided that a picnic is held) and the following Public Holidays
and any other Public Holiday proclaimed under the relevant legislation from
time to time.
New Year's Day
|
Anzac Day
|
Australia Day
|
Queen's Birthday
|
Good Friday
|
Labour Day
|
Easter Saturday
|
Christmas Day
|
Easter Monday
|
Boxing Day
|
'Morning Work' means work undertaken between 6.00am and
2.00pm.
'Motorway Manager' means the person appointed by the Employer
to manage the operation and maintenance of the Eastern Distributor.
'Motorway Patroller' means an Employee whose duties are
defined in subclause 6.1 of clause 6, Duties, of this Part B.
'Night Work' means work undertaken between 10.00pm and
6.00am.
'Ordinary Hours' means hours which form part of the
Ordinary Weekly Hours and which are paid at the Ordinary Time Rate of Pay.
'Ordinary Shift' means that part of a Shift made up of
the Ordinary Hours and any applicable Paid Meal Break and:
(a) for
a Full-time Employee, the spread of the Ordinary Shift Hours shall be between 7
and 14 hours and will usually be worked as defined in (i) to (iv) below
excluding the Paid Meal Break:
(i) 7.6 Ordinary
Hours;
(ii) 10.4 Ordinary
Hours;
(iii) 11.4 Ordinary
Hours; or
(iv) 12.4 Ordinary
Hours,
per Ordinary Shift; and
(b) for
a Part-time Employee, an Ordinary Shift shall be of a duration of between 3 and
14 hours per Ordinary Shift and, in each case, the Ordinary Hours of a
particular Ordinary Shift will exclude any Paid Meal Break.
'Ordinary Weekly Hours' means for Employees who are:
(a) Full-time
- 38 hours per week when averaged over the Shift Roster Cycle to be worked
during Ordinary Shifts; or
(b) Part-time
- An amount of regular hours between 15 and 37 hours per week when averaged
over the Shift Roster Cycle to be worked during Ordinary Shifts.
'Ordinary Time Rate of Pay' means the hourly rate of
pay for each classification as set out in Appendix A to this Award.
'Overtime' means hours worked by an Employee in excess
of an Ordinary Shift.
'Paid Meal Break' means a break taken in accordance
with subclauses 10.1 and 10.2 of clause 10, Paid Meal Break, of this Part B
that does not form part of an Employee's Ordinary Hours or Ordinary Weekly
Hours and is paid in accordance with subclauses 10.3 and 10.4 of the said
clause 10.
'Part A' means Part A of the Award.
'Parties' means the Employer, the Union and the
Employees.
'Part-time Employee' means an Employee employed on a
part-time basis as defined in clause 7, Hours of Work and Entitlements, of this
Part B.
'Premises' means all the land on which the Eastern
Distributor is located.
'Redundancy' occurs when an Employee's position ceases to
exist and may be caused by a variety of reasons, including, among others,
technological change, loss of business or economic downturn.
'Shift' means the work hours of a Full-time or
Part-time Employee for any one day.
'Shift Roster' means a schedule determining the hours
of work of Employees.
'Shift Roster Cycle' means the period over which an
Employee completes one full cycle of Shift Work.
'Shift Work' means work under this Part B and which is
regulated by a Shift Roster.
'Supervisor' means a person engaged by the Employer on
a salary basis to supervise the work of Employees.
'Union' means The Australian Workers' Union New South
Wales Branch.
3.2 Joint
Statement
The Parties intend for this Part B to provide flexible
shift arrangements for permanent Full-time and Part-time Employees engaged by
the Employer in the relevant classification to work Shift Work on the Eastern
Distributor. Accordingly and as stated
in the Introduction of this Award, this Part B shall not apply to Casual
Employees or employees who work Day Work (as those terms are defined in Part
A).
As stated in the Introduction of this Award, this Part
B shall apply to the employment by the Employer of Employees classified as
Motorway Patroller required for the operations and maintenance work associated
with the Eastern Distributor.
The Employees will be based at the Control Centre or at
other locations on or adjacent to the Eastern Distributor as required by the
Employer from time to time.
3.3 Aims
As set out in subclause 3.3 of clause 3, Introduction,
of Part A.
3.4 Interaction
with Part A
If a provision of Part A is referred to in this Part B:
(a) any
defined terms used in that provision of Part A shall have the meaning given to
them by this Part B;
(b) a
reference in that provision of Part A to another provision of Part A shall be
taken to be a reference to the corresponding provision of this Part B; and
(c) unless
the context requires otherwise, a reference in that provision of Part A to Part
A shall be taken to be a reference to this Part B.
4. Commitment
As set out in clause 4 of Part A.
5. Contract of Employment
5.1 Each Employee shall be employed on
either a full-time or part-time basis under the following classification:
Motorway Patroller
Full-time and Part-time Employees will be given a
minimum period of notice for termination as specified in the Workplace Relations Act 1996.
An Employee's employment may be terminated by the
Employer without notice for serious and wilful misconduct. In such circumstances wages shall only be
paid up to the time of dismissal.
The Employer may deduct payment for any Shift or part
thereof where an Employee is absent from duty without reasonable cause.
5.2 As
set out in subclause 5.2 of clause 5, Contract of Employment, of Part A.
5.3 Employees
will be required to work regularly on Saturdays, Sundays and Holidays to cover
all operations of the Eastern Distributor 24 hours per day, seven days per
week, 52 weeks per year.
5.4 All
Employees may be required to work a reasonable amount of Overtime from time to
time as directed by the Motorway Manager to meet the demands for the operation
and maintenance of the Eastern Distributor.
5.5 Employees will be subject to video
surveillance from time to time.
5.6 Redundancy
As set out in subclause 5.6 of the said clause 5.
6. Duties
6.1 Motorway
Patroller
As set out in subclause 6.2 of clause 6, Duties, of
Part A.
7. Hours of Work and Entitlements
The Motorway Manager shall determine the starting and
finishing times for all Employees.
The Employer may vary the Shift Roster from time to time
with the agreement of those Employees whose hours of work will change as a
result of the variation. If there is no
agreement, the Employer may vary the Shift Roster on seven days' notice to
those Employees whose hours of work will change as a result of the variation.
For the purposes of determining the application of Shift
Allowances and Allowances for work on Saturday, Sunday and Holidays, the following
shall apply:
(a) Saturday
commences at midnight Friday night and finishes midnight Saturday night;
(b) Sunday
commences at midnight Saturday night and finishes midnight Sunday night; and
(c) a Holiday commences at midnight the day
immediately preceding the Holiday and finishes at midnight on the Holiday.
Employees shall be available for work for all Shifts which
they are rostered to work and shall perform all necessary duties in each Shift.
When a Full-time Employee is not rostered to work on a Holiday,
the Employee shall receive an additional 7.6 hours’ wages (calculated at the
applicable Ordinary Time Rate of Pay).
Where the Employee is a Part-time Employee, the Employee will receive
the equivalent pro rata benefit (calculated according to the formula in
subclause B of this clause).
Shift changes for Employees shall take place in the Control
Centre. In the event of the on-coming
Employee not reporting for duty at the normal Shift change-over time, the
off-going Employee shall remain on duty until relieved.
Where an Employee is both:
(a) after
the expiration of their Shift finishing time; and
(b) after
leaving the Employer’s premises, recalled to work without prior notice,
the Employee shall be paid at
the appropriate rate set out in subclause 8.1 of clause 8, Overtime, of this
Part B.
An Employee recalled to work in this way shall be paid at
that rate for a minimum of three hours' work.
Allowances
(i) An Employee
who has a current senior first aid certificate shall be entitled to an Allowance
of $0.25 per hour worked and this Allowance shall not attract any penalty or
premium.
(ii) An appointed
Leading Hand shall be paid an Allowance of $0.60 cents per hour for hours
worked as a Leading Hand. This
Allowance shall not attract any penalty or premium.
Each of these Allowances shall increase by the same
percentages and at the same times as specified for wage increases in clause 11,
Wage Increases, of Part A, i.e. the first increase to the quantums defined in
(i) and (ii) above shall apply from 1 October 2002.
A. Full-time
Employees
Each Full-time Employee shall work Ordinary Weekly
Hours.
The Ordinary Hours of a Full-time Employee shall be
paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
(a) Monday
to Friday
A Full-time Employee shall be paid the following Shift
Allowances for Ordinary Hours worked from Monday to Friday:
(b) Saturday,
Sunday and Holidays
A Full-time Employee shall be paid the following Shift
Allowances for Ordinary Hours (and, if applicable and subject to paragraph (d)
below, for Overtime), worked on Saturday, Sunday or Holidays:
Saturday
|
50% of the Ordinary Time Rate
of Pay
|
Sunday
|
100% of the Ordinary Time
Rate of Pay
|
Holidays
|
150% of the Ordinary Time
Rate of Pay
|
The Shift Allowances for hours of work worked by a Full-time
Employee on Saturday, Sunday or Holidays shall only apply to that part of a
Shift actually worked on a Saturday, Sunday or Holiday.
(c) Interaction
of Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples, any Paid Meal Break which
an Employee may be entitled to during the Shift does NOT form part of the hours
worked by the Employee during the Shift).
An Employee whose Ordinary Shift commences at 7.00pm on
a Friday night and finishes at 6.06am on a Saturday morning will only be
entitled to:
The Afternoon Work Allowance under paragraph (a) above,
but only for those hours between 7.00pm and 10.00pm;
The Night Work Allowance under paragraph (a) above, but
only for those hours worked from 10.00pm up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee whose Ordinary Shift commences at 10.00pm
Saturday and finishes at 6.06am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee whose Ordinary Shift commences at 7.00pm on
a Holiday and finishes at 7.06am the next day (which is not a Saturday, Sunday
or Holiday) will only be entitled to:
The Holiday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Work Allowance, but only for those hours
worked after 12 midnight and up to 6.00am; and
No Shift Allowance for work from 6.00am to 7.06am.
(d) Overtime
Overtime worked by a Full-time Employee shall be paid
at the rate set out in subclause 8.1 of clause 8, Overtime, of this Part B.
An Employee is not entitled to both a Shift Allowance
(whether for a Shift in respect of Afternoon Work, Night Work, Saturday, Sunday
or Holiday) and Overtime Penalty. The
Employee shall be paid the higher of an applicable Shift Allowance or Overtime
Penalty.
Example 1
(NOTE: In the following examples any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee who works a Shift from 7.00pm on Friday
Night to 8.36am Saturday morning (and whose Ordinary Shift was from 7.00pm to
6.06am) shall only be entitled to:
The Afternoon Work Allowance, but only for those hours
worked up to 10.00pm;
The Night Work Allowance, but only for those hours
worked after 10.00pm up to midnight;
The Saturday Shift Allowance, but only for those hours
worked from midnight to 6.06am Saturday morning;
The Overtime Rate (time and a half) in respect of the
first two hours of Overtime worked, that is, from 6.06am up until 8.06am; and
The Overtime Rate (double time) in respect of Overtime
Hours in excess of two hours overtime, that is, from 8.06am up until 8.36am.
Example 2
An Employee who works a Shift from 6.00am on Sunday
morning to 9.06pm Sunday evening (and whose Ordinary Shift was 6.00am to
7.06pm) shall only be entitled to:
The Sunday Shift Allowance for all hours worked, even
though the Employee is working two hours' of Overtime. This is because the Overtime Rate is
calculated by reference to the earnings the Employee receives under normal
working conditions on a Sunday, which is the Ordinary Time Rate of Pay + 100%,
which is higher than the normal Overtime Rate of time and a half, and an
Employee is entitled to the higher rate.
B. Part-time
Employees
A Part-time Employee is an Employee, other than a
Full-time Employee, engaged to work regular hours each week in accordance with
a Shift Roster with a minimum engagement of 15 hours per week and a maximum
engagement of 37 hours per week, excluding Paid Meal Breaks.
The Ordinary Hours of a Part-time Employee shall be
worked continuously, excluding any Paid Meal Break, and shall not be less than
three or more than 13.4 hours per Ordinary Shift.
A Shift Roster for a Part-time Employee shall set out
the days and the starting and ceasing times the Part-time Employee works each
week or as otherwise arranged by mutual agreement.
A Part-time Employee shall be entitled to Annual Leave,
Sick Leave, Jury Service, Bereavement Leave and Parental Leave on a pro rata
basis calculated as follows:
Part-time
|
|
Part-time
Employee's
|
|
Equivalent
Full-time
|
Employee's
|
=
|
Ordinary Weekly
Hours
|
x
|
Employee's
|
Entitlements
|
|
38
|
|
Entitlements
|
The Ordinary Hours of a Part-time Employee shall be
paid at the applicable Ordinary Time Rate of Pay for the Employee's
classification.
(a) Monday
to Friday
A Part-time Employee shall be paid the following Shift
Allowances for Ordinary Hours worked from Monday to Friday:
(b) Saturday,
Sunday and Holidays
A Part-time Employee shall be paid the following Shift Allowances
for Ordinary Hours (and, if applicable and subject to paragraph (d) below, for
Overtime), worked on Saturday, Sunday or Holidays:
Saturday
|
50% of the Ordinary Time Rate
of Pay
|
Sunday
|
100% of the Ordinary Time
Rate of Pay
|
Holidays
|
150% of the Ordinary Time
Rate of Pay
|
The Shift Allowances for hours of work worked by a Part
Time Employee on Saturday, Sunday or Holidays shall only apply to that part of
a Shift actually worked on a Saturday, Sunday or Holiday.
(c) Interaction
of Shift Allowances
The Shift Allowances set out in (a) and (b) above are
paid in addition to the Employee's applicable Ordinary Time Rate of Pay.
The Shift Allowances set out in (a) and (b) above are
not cumulative.
Example 1
(NOTE: In the following examples, any Paid Meal Break
which an Employee may be entitled to during the Shift does NOT form part of the
hours worked by the Employee during the Shift)
An Employee whose Ordinary Shift commences at 10.00pm
on a Friday night and finishes at 4.00am on a Saturday morning will only be
entitled to:
The Night Work Allowance under paragraph (a) above, but
only for those hours worked up to 12 midnight; and
The Saturday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 2
An Employee whose Ordinary Shift commences at 6.00pm
Saturday and finishes at 1.00am Sunday will only be entitled to:
The Saturday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Sunday Allowance under paragraph (b) above, but
only for those hours worked after 12 midnight.
Example 3
An Employee whose Ordinary Shift commences at 11.00pm
on a Holiday and finishes at 3.00am the next day (which is not a Saturday,
Sunday or Holiday) will only be entitled to:
The Holiday Allowance under paragraph (b) above, but
only for those hours worked up to 12 midnight; and
The Night Work Allowance, but only for those hours
worked after 12 midnight.
(d) Overtime
Overtime worked by a Part-time Employee, being work in
excess of their Ordinary Shift, shall be paid at the rate set out in subclause
8.1 of this clause.
An Employee is not entitled to both a Shift Allowance
(whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday,
Sunday or Holiday) and Overtime Penalty.
The Employee shall be paid the higher of an applicable Shift Allowance
or Overtime Penalty.
8. Overtime
8.1 Full-time and Part-time Employees
required to work Overtime shall be paid:
(a) at the rate of time and one half for the
first two hours and double time thereafter, calculated using the Employee’s
applicable Ordinary Time Rate of Pay; or
(b) at
the Employee’s applicable Ordinary Time Rate of Pay plus any applicable Shift
Allowance,
whichever is the greater.
8.2 Where
Overtime is necessary, it shall, wherever reasonably practicable, be so
arranged such that Employees have at least ten consecutive hours off duty
between Shifts. An Employee who works
Overtime following the cessation of his/her Ordinary Shift on one day and who
has not had at least ten consecutive hours off duty between cessation of the
Overtime and the commencement of his/her next Shift shall, subject to this
clause, be released after completion of such Overtime and not be required to
report back to work until the Employee has had ten consecutive hours off
duty. An Employee required to take time
off duty to ensure compliance with this clause will be permitted to do so
without loss of pay.
8.3 If, on the instruction of the Employer,
such an Employee resumes work without having had ten consecutive hours off duty
between Shifts, 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.
8.4 Subclauses 8.1, 8.2 and 8.3 of clause 8,
Overtime, of this Part B shall not apply when the time worked is by an
arrangement between the Employees themselves, or when the rotation of Shifts
has necessitated work in excess of the Ordinary Hours as part of a revised
Shift Roster.
8.5 Employees may be required to work a
reasonable amount of Overtime under the terms of this Award.
8.6 Meal Allowance
Employees who are required to work more than one and
one half hours' Overtime immediately after normal ceasing time and who have not
had at least 24 hours' notice of the requirement to work such overtime shall be
paid a Meal Allowance of $12.00.
9. Rest Pauses
9.1 Employees who work a minimum of four
consecutive hours on any day shall be entitled to a rest pause of ten minutes'
duration without loss of pay during the first four hours. Employees who work a minimum of eight and a
half consecutive hours on any day shall be entitled to a second rest pause of
ten minutes duration without loss of pay.
Such rest pauses 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.
9.2 In order to meet the requirements of the
operation or maintenance of the Eastern Distributor, the Employer may direct an
Employee to return to work if the Employee is taking a rest pause in accordance
with subclause 9.1 of this clause.
Should the Employer give such a direction to the Employee, the Employee
shall be entitled to another rest pause in accordance with the said subclause
9.1, but only for the length of time equal to that part of the rest pause which
the Employee did not receive because of the direction of the Employer.
10. Paid Meal Break
10.1 Employees who work:
(a) more than five continuous hours but less
than eight and a half continuous hours shall be entitled to a Paid Meal Break
of 30 minutes,
(b) more than eight and a half continuous hours
shall be entitled to a Paid Meal Break of 42 minutes,
to be taken approximately
mid-way through their Shift. However,
the time of taking the Paid Meal Break may be varied at any time to meet the
requirements of the operation and maintenance of the Eastern Distributor.
10.2 In
order to meet the requirements of the operation or maintenance of the Eastern
Distributor, the Employer may direct an Employee to return to work if the
Employee is taking a Paid Meal Break.
Should the Employer give such a direction to the Employee, the Employee
shall be entitled to another Paid Meal Break in accordance with subclause 10.1
of this clause, but only for the length of time equal to that part of the Paid
Meal Break which the Employee did not receive because of the direction of the
Employer.
10.3 In recognition of the fact that an
Employee may be recalled to work during their Paid Meal Break, an Employee
shall be paid at time and a half of the Ordinary Time Rate of Pay for that
Employee's classification during a Paid Meal Break.
10.4 Despite clause 10.3, the Paid Meal Break
shall not:
(a) form part of the Ordinary Hours or
Ordinary Weekly Hours of an Employee;
(b) be
included for the purposes of calculating Overtime; and
(c) entitle
the Employee to receive any allowance or penalty in respect of the Paid Meal
Break apart from that referred to in subclause 10.3 of this clause.
11. Wage Increases
As set out in clause 11, Paid Meal Break, of Part A.
12. Electronic Funds Transfer
As set out in clause 12, Electronic Funds Transfer, of Part
A.
13. Restrictive Work Practices
As set out in clause 13, Restrictive Work Practices, of Part
A.
14. Technological Change
As set out in clause 14, Technological Change, of Part A.
15. Superannuation
As set out in clause 15, Superannuation, of Part A.
16. Annual Leave
(a) Except as provided by this clause, the Annual Holidays Act 1944 (NSW) ('Act'),
or any Act which replaces the Act, each as amended, shall apply.
(b) Full-time
Employees shall receive 152 hours of paid Annual Leave for each year of service
with the Employer, to be based on the Ordinary Hours that the Employee would
have otherwise worked, and payable in accordance with this clause. Part-time Employees shall receive a pro rata
entitlement calculated in accordance with the formula in subclause B of clause
7, Hours of Work and Entitlements, of this Part B.
(c) Where
an Employee takes a period of Annual Leave and a Holiday falls within that
period, the Holiday shall not be included as part of the period of Annual
Leave. Further, for the avoidance of
doubt, since Annual Leave is based on Ordinary Hours, when an Employee takes a
period of Annual Leave, the hours taken as Annual Leave:
(i) will include
the Ordinary Hours that the Employee would have otherwise worked on a Saturday
or Sunday; and
(ii) will not
include any hours in respect of Overtime that the Employee would, or may, have
otherwise worked; and the Employee will receive no payment whatsoever in
respect of such Overtime.
(d) The
parties acknowledge that it is intended that work under this Part B will be
carried out 24 hours a day, seven days a week.
Accordingly, in addition to their entitlement to a period of leave under
paragraph (b), a Full-time or Part-time Employee who is a seven-day Shift
Worker, that is, an Employee who is required under the Shift Roster to work
regularly on Sundays and Holidays shall be allowed 38 hours (for Full-time
Employees), or the equivalent pro rata entitlement calculated in accordance
with the formula in the said subclause B (for Part-time Employees) paid Annual
Leave for each year of service, to be taken, and payable, in accordance with
this clause. However, if a Full-time or
Part-time Employee has only served a portion of the year of employment as a
seven day Shift Worker, this additional leave shall be one hour for every 50.4
Ordinary Hours worked as a seven day Shift Worker.
(e) Any
accrued entitlement of an Employee to Annual Leave under Part A shall be converted
to an hourly entitlement calculated on the basis of one week's leave under Part
A being equivalent to 38 hours (for Full-time Employees), or the equivalent pro
rata entitlement calculated in accordance with the formula in the said
subclause B (for Part-time Employees) of leave under this Part B.
(f) Except
as provided by paragraph (g) below, a Full-time or Part-time Employee will be
entitled to the following payments while on a period of Annual Leave as
provided by this clause:
(i) the Employee's
Ordinary Hourly Pay for each Ordinary Hour that the Employee would have
otherwise worked;
(ii) all Shift
Allowances (including Saturday and Sunday but not including Holiday Shift
Allowances) calculated in accordance with clause 7, Hours of Work and Entitlements,
of this Part B which the Employee would have received for the Ordinary Hours
that the Employee would have otherwise worked; and
(iii) a payment for
all Paid Meal Breaks which the Employee would have taken during the Ordinary
Hours that the Employee would have otherwise worked.
(g) Despite
paragraph (f) above, if an Employee has at least 12 months' continuous service,
the Employee shall be entitled to the following payments upon taking a period
of Annual Leave:
(i) the
Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would
have otherwise worked; and
(ii) a payment for
all Paid Meal Breaks which the Employee would have taken during the Ordinary
Hours that the Employee would have otherwise worked; and
(iii) the greater
of:
(A) all Shift
Allowances (including Saturday and Sunday but not including Holiday shift
allowances) calculated in accordance with the said clause 7 which the Employee
would have received for Ordinary Hours that the Employee would have otherwise
worked; or
(B) an Annual Leave
Loading of 17.5% of:
(i) the
Employee's Ordinary Hourly Pay for each Ordinary Hour that the Employee would
have otherwise worked; and
(ii) the payment
for all Paid Meal Breaks that the Employee would have taken during the Ordinary
Hours that the Employee would have otherwise worked.
(h) Where
the employment of an Employee is terminated by the Employer for a reason other
than malingering, inefficiency, neglect of duty, misconduct or
misappropriation, and at the time of the termination the Employee has not been
given, and has not taken, the whole of the Annual Leave to which the Employee
has become entitled, the Employee shall be paid a loading calculated in
accordance with subparagraph (b) above. This loading shall not be payable to an
Employee upon termination except in accordance with this subparagraph.
(i) An
Employee must obtain the approval of the Motorway Manager before taking any
period of Annual Leave.
(j) For
the purposes of this clause, 'Ordinary Hourly Pay' means the applicable
Ordinary Time Rate of Pay for the Employee's classification at the time of
taking the period of Annual Leave plus, where applicable, the hourly amount
ordinarily received by the Employee in respect of Supervisor, First Aid and
Leading Hand Allowances.
17. Sick Leave
As set out in clause 17, Sick Leave, of Part A.
18. Long Service Leave
The Long Service Leave
Act 1955 shall apply.
19. Jury Service
As set out in clause 19, Jury Service, of Part A.
20. Personal/Carer's Leave
As set out in clause 20, Personal/Carer's Leave, of Part A,
except that, for the purposes of subclause 20.3, Annual Leave:
the phrase 'five days in single
day periods' is replaced with '38 hours against single Ordinary Shifts' in
paragraph (a) of the said subclause 20.3;
the phrase 'single day absences'
is replaced with single Ordinary Shift absences' in paragraph (c) of the said
subclause 20.3; and
the phrase 'five consecutive
Annual Leave days are' is replaced with '38 consecutive hours of Annual Leave
is' in the said paragraph (c).
21. Parental Leave
As set out in clause 21, Parental Leave, of Part A.
22. Bereavement Leave
As set out in clause
22, Bereavement Leave, of Part A, except that a reference to 'day' shall be
replaced by a reference to 'Ordinary Shift'.
23. Occupational Health and Safety
As set out in clause 23, Occupational Health and Safety, of
Part A.
24. Clothing
As set out in clause 24, Clothing, of Part A.
25. Medical Examinations
As set out in clause 25, Medical Examinations, of Part A.
26. Training
As set out in clause 26, Training, of Part A.
27. Alcohol and Other Drugs
As set out in clause 27, Alcohol and Other Drugs, of Part A.
28. Probationary Period
As set out in clause 28, Probationary Period, of Part A.
29. Union Procedure
As set out in clause 2, Union Procedure, of Part A.
30. Dispute Settlement Procedures
As set out in clause 30, Dispute Settlement Procedures, of
Part A.
31. Anti-Discrimination
As set out in clause 31, Anti-Discrimination, of Part A.