TOLLAUST (M2) ENTERPRISE
AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Employers
Federation of New South Wales, industrial organisation of employees.
(No. IRC 3006 of 2000)
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Before the Honourable Mr Justice Peterson
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14 July 2000
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AWARD
1. Index
1. INDEX
2 ENTERPRISE,
PARTIES BOUND AND OBJECTIVES
2.1 Enterprise
2.2 Parties Bound
2.3 Objectives
3 TERM OF AWARD
4 DEFINITIONS
4.1 Toll Collector
4.2 Plaza Supervisor
4.3 Motorway
Patroller
4.4 Full-time
employee
4.5 Part-time
employee
4.6 Casual employee
4.7 Day work
4.8 Morning Shift
4.9 Afternoon Shift
4.10 Night Shift
4.11 Non-continuous
Shift
4.12 Continuous
Shift
5 CONTRACT OF
EMPLOYMENT
5.1 Full-time
employee
5.2 Part-time
employee
5.3 Casual employee
5.4 Redundancy
6 HOURS AND SHIFT
WORK
6.1 Ordinary Hours
6.2 Shift allowance
[Monday to Friday]
6.3 Weekend and
public holiday shift allowance
6.4 Allowances not
cumulative
6.5 Continuous shift
operation
6.6 Attendance
recording
7 WORKING
ARRANGEMENTS
7.1 Overtime
7.2 Public holidays
7.3 Crib break
[full-time employee]
7.4 Meal break
[full-time employee]
7.5 Crib & meal
breaks [part-time and casual employees only]
7.6 Overtime meal
break & meal money
8 WAGES AND
ALLOWANCES
8.1 Classifications
and wages
8.2 Wages review
8.3 Allowances
8.4 Jury service
8.5 Payment of wages
8.6 Higher Duties
Allowance
8.7 Pennant Hills
Road Night Shift Allowance
9 LEAVE PROVISIONS
9.1 Annual leave
9.2 Long service
leave
9.3 Sick leave
9.4 Sickness and accident
plan
9.5 Bereavement
leave
9.6 Personal/carer’s
leave
9.7 Parental leave
10 GENERAL
CONDITIONS
10.1 Anti
Discrimination and Harassment
10.2 Protective
clothing, safety equipment and uniforms
10.3 Occupational
health and safety
10.4 Medical
examinations
10.5 Notice boards
10.6 Superannuation
10.7 Employee
counselling
10.8 Settlement of
disputes procedure
11 NO EXTRA CLAIMS
12 SIGNATORIES TO
AWARD
2. Enterprise,
Parties Bound and Objectives
2.1 Enterprise:
The operators of the M2 Motorway located north-west of
Sydney and stretching from Pittwater Road, North Ryde to Old Windsor Road,
Seven Hills. The administrative offices
are located in Tollaust Lane [off Culloden Road], North Ryde, 2113.
2.2 Parties Bound:
This award shall be binding upon:
a) The
employees of Tollaust engaged within the classification identified within this
award.
b) The employer
Tollaust Pty Ltd.
c) The Australian
Workers Union, NSW.
2.3 Objectives:
To establish a mutually agreed set of employment condition
for staff, conducive to the efficient operation of the Motorway and at a level
required by the general public in order to provide an effective and safe road
link from Pittwater Road, North Ryde to Old Windsor Road, Seven Hills, a
distance of 20.3 kilometres.
The parties to this award are committed to provide and to
undergo appropriate training necessary to satisfy the customer service and to
maintain a high level of responsibility to the public.
3. Term of Award
This award shall operate on and from 14 July 2000 and remain
in force until 6 May 2003. This award rescinds and replaces the Tollaust (M2)
Enterprise Award 1997 published 6 March 1998 (303 I.G. 806).
4. Definitions
4.1 Toll
Collector:
Reporting to the Toll Controller, an employee whose duties
include, but are not limited to:
Work within the manual toll collection booths and clear and
attend automatic toll collection systems;
To collect and account for toll payments;
Notify drivers and other persons in matters relating to the
collection of tolls;
Identify and report driver payment defaults, incidents and
equipment malfunctions;
As required, change electrical and mechanical modules in the
toll collection equipment;
Clean traffic lanes and booths as required;
Patrol the Plaza to assist patrons, in a friendly and timely
manner, who may be experiencing difficulties obtaining egress through the
plaza;
Deputise as Plaza Supervisor as and when required.
Other duties as directed by the Plaza Supervisor or Toll
Controller;
4.2 Plaza
Supervisor:
Reporting to the Toll Controller, an employee whose duties
include, but are not limited to:
Assist the work of Toll Collectors;
Relieve Toll Collectors as required during the course of
their shift;
As required, change electrical and mechanical modules in the
toll collection equipment;
Clean traffic lanes and booths as required;
Provide change for the toll collectors as and when required;
Change Automatic Coin machine vaults when instructed by the
Toll Controller;
Advise management of operational and staffing needs;
Patrol the Plaza to assist patrons, in a friendly and timely
manner, who may be experiencing difficulties obtaining egress through the
plaza;
Move Toll Plaza traffic bollards as and when required;
Other duties as directed by the Toll Controller;
Deputise as Toll Controller as and when required.
4.3 Motorway
Patroller:
An employee engaged to carry out the following duties:
Operate and perform maintenance on plant and toll equipment
within the scope of personal skills and training;
Responsible for garden and landscape maintenance;
General cleaning duties in the compound, cleaning and
removal of rubbish around the toll and administration buildings and throughout
the length of the motorway and its verges;
Maintenance and cleaning of water quality ponds and
maintaining civil works;
Attend traffic emergencies and accidents as directed
including directions to drivers when necessary;
Other maintenance work as directed by management.
4.4 Full-time
employee:
Means an employee engaged on a weekly basis of 40 ordinary
hours [Refer Clause 6.1].
4.5 Part-time
Employee
Means an employee engaged on a regular basis of less than 40
ordinary hours each week.
4.6 Casual
employee:
Means an employee who is employed and paid by the hour with
no guaranteed hours of work and whose employment terminates at the end of each
engagement.
4.7 Day work:
Means a work period between the hours of 6.00am and 6.00pm,
Monday to Saturday.
4.8 Morning Shift:
Means a shift that has its majority of hours between 5.00am
and 1.00pm.
4.9 Afternoon
Shift:
Means a shift that has its majority of hours between 1.00pm
and 9.00pm.
4.10 Night Shift:
Means a shift that has its majority of hours between 9.00pm
and 5.00am.
4.11 Non-continuous
Shift:
A shift roster designed for Monday to Friday and to be
worked on either a morning or afternoon shift basis.
4.12 Continuous
Shift:
A shift roster designed to cover the operations of the
business 24 hours per day, 7 days per week where the employee is regularly
required to work on Saturdays, Sundays and Public Holidays.
5. Contract of
Employment
5.1 Full-time
employee:
On commencement, the first 16 weeks of employment shall be
deemed to be a probationary period during which employment may be terminated by
one weeks notice by either party.
5.1.1 Following the
completion of the probationary period, employment may be terminated by a
full-time employee by giving two weeks notice to Tollaust. Subject to
subclauses 5.1.3 and 5.1.4, and where the employer takes action to terminate an
employee, the following notice period must be given in accordance with
s.170CM(2) of t he Australian Workplace Relations Act 1996.
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Not more than 1 years service
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At least 1 weeks notice
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1 to not more than 3 years service
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At least 2 weeks notice
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3 to not more than 5 years service
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At least 3 weeks notice
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More than 5 years service
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At least 4 weeks notice
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Add one extra week for employees aged 45 years and older
with at least 2 years consecutive service.
5.1.2 An employee who
fails to give a minimum of one or two weeks notice of intention to terminate
employment as prescribed in this subclause shall forfeit one or two weeks pay
as the case may be. Provided that where the employment is terminated by the
employer, a payment in lieu of notice may be paid to the employee.
5.1.3 Provided that
nothing contained in this clause shall prevent an employee’s employment being
terminated without notice for malingering, inefficient, neglect of duty or
misconduct in such cases wages shall be paid up to the time of dismissal only.
5.1.4 It is a
fundamental condition of employment that employees have to deal with the public
and provide friendly, courteous service at all times. Failure to so act shall
be grounds for determining that the employee is unsuitable for this work and may
be dismissed in accordance with clause 10.7 of this award.
5.1.5 Employees
engaged as Toll Collectors and Plaza Supervisors are involved with handling
large sums of cash and will be subject to regular security and audit procedures
as part of their contract of employment and in the event of misappropriation of
funds, will be liable to dismissal without notice. For safety and security reasons each employee acknowledges that
the employer may utilise audio and video surveillance within the workplace and
that material obtained from such surveillance may be used in support of
disciplinary action.
5.2 Part-time
employee:
Subject to an initial probationary period of 16 weeks,
a part-time employee [other than a casual employee as defined in subclause 5.3
herein] shall be engaged to work rostered regular hours each week. Such roster
shall show the starting and ceasing times and the days upon which an employee
is engaged to work as well as the number of hours to be worked each week or as
otherwise arranged by mutual agreement.
5.2.1 A Part-time
employee shall be paid an hourly rate equivalent to the appropriate weekly rate
prescribed by the Award and divided by 40, and in addition shall be entitled to
pro-rata payment of the shift premium where appropriate.
5.2.2 A part-time
employee shall be entitled to pro-rata annual leave, sick leave, long service
leave, bereavement leave and all statutory public holidays on the same basis as
weekly employees on which the employee would have otherwise worked on a
proportionate basis calculated on the ordinary hours of work as determined in
subclause 5.2.1. Where a statutory holidays occurs during a period of the
employee’s annual leave, there shall be added to the employee’s annual leave an
extra day [or portion thereof] for each such day so occurring.
5.2.3 A part-time
employee who works more than eight hours on any one day or more than 40 hours
in any one week shall be paid overtime in accordance with subclause 7.1 of this
Award. A part time employee required to work on Public Holidays as prescribed
in subclause 7.2 herein shall be paid at the rate defined by clause 6.3 of this
award with a minimum payment of four hours.
5.2.4 A part-time
employee will, on termination of employment, be subject to the provisions as
set out in subclause 5.1.1 herein, together with the general provisions of
sub-clauses 5.1.3 and 5.1.4 if terminated for misconduct.
5.2.5 Provided that
nothing contained in this clause shall prevent a part-time employee’s
employment being terminated without notice for malingering, inefficient,
neglect of duty or misconduct in such cases wages shall be paid up to the time
of dismissal only.
5.2.6 It is a
fundamental condition of employment that employees have to deal with the public
and provide friendly and courteous service at all times and be punctual and
diligent in commencing times for shifts.
Failure to so act shall be grounds for determining that the employee is
unsuitable for this work and may be dismissed in accordance with clause 10.7 of
this agreement.
5.2.7 Employees
engaged as Toll Collectors and Plaza Supervisors are involved with handling
large sums of cash and will be subject to regular security and audit procedures
as part of their contract of employment and in the event of misappropriation of
funds, will be liable to dismissal without notice. For safety and security
reasons each employee acknowledges that the employer may utilise audio and
video surveillance within the workplace and material obtained from such
surveillance may be used in support of disciplinary action.
5.3 Casual
employee:
An employee engaged and paid as such with a minimum
payment of four hours. A casual employee for working ordinary time shall be
paid a rate equivalent to one-fortieth of the appropriate weekly wage rate prescribed
by clause 8.1 and 8.2 of this award plus 20%.
5.3.1 Provided that
nothing contained in this clause shall prevent a casual employee’s employment
being terminated without notice for malingering, inefficient, neglect of duty
or misconduct in such cases wages shall be paid up to the time of dismissal
only.
5.3.2 It is a
fundamental condition of employment that casual employees have to deal with the
public and provide friendly, courteous service at all times. Failure to so act
shall be grounds for determining that the employee is unsuitable for this work
and will be liable to dismissal without notice.
5.3.3 Casual
employees are involved with handling large sums of cash and will be subject to
regular security and audit procedures as part of their contract of employment
and in the event of misappropriation of funds, will be liable to dismissal
without notice. For safety and security reasons each employee acknowledges that
the employer may utilise audio and video surveillance within the workplace and
material obtained from such surveillance may be used in support of disciplinary
action.
5.4 Redundancy:
Should an employee’s position become redundant, a
redundancy payment in accordance with the 24 June 1994 decision of the NSW
Industrial Relations Commission will be made to the employee. Casual employees are not entitled to
redundancy payments.
6. Hours and Shift
Work
6.1 Ordinary
Hours:
The ordinary weekly hours of work for full-time employees
covered by this Award shall be 40 hours.
This 40 hours includes a notional 2 hours paid at a rate of one and one
half times the rate of the other 38 hours. The all inclusive weekly wage rate
as specified in Clause 8.1 of this award includes the remuneration for the
standard 40 hour week, which also includes the remuneration for the 2 hours at
the time and one half rate.
To avoid confusion overtime payments will only be made in
accordance with Clause 7.1 of this Award.
The starting time of each 8 hour work period [or less than 8
hours if part-time] once fixed, shall be altered by giving seven day’s notice
to the employee concerned [less by mutual agreement only].
With the agreement of the parties, a shift roster
incorporating up to 12 hours may be worked.
6.2 Shift
allowance [Monday to Friday]:
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Morning Shift
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10%
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Afternoon Shift
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17½%
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Night Shift
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20%
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The allowance shall be calculated on the ordinary weekly
wage rate prescribed in Clause 8.1.
6.3 Weekend and
public holiday shift allowance:
For a shift where the majority of the hours are worked on a:
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Saturday -
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50%;
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Sunday -
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100%;
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Public Holiday -
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150%.
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The allowance shall be calculated on the ordinary weekly
wage rate prescribed in Clause 8.1
6.4 Allowances
not cumulative:
Where two or more allowances and/or overtime could apply in
a particular situation, the employer shall be bound to pay only one of such
provisions. Where the provisions are not identical, the higher or highest as
the case may be, shall apply, except in the case of Allowances as defined by
Clause 8.3 which are to be paid in addition to and after any other allowances.
6.5 Continuous
shift operation:
Shift relief of Toll Collectors shall take place in the Toll
Booth. In the event of a relieving Toll Collector not reporting for duty at the
normal shift change-over time, the duty Toll Collector shall remain on the job
until relieved.
6.6 Attendance
recording:
Each toll collector will have a personal identification
number and electronic card used to record employee start and finishing times
and toll booth worked in.
7. Working
Arrangements
7.1 Overtime:
7.1.1 Motorway
patrollers and non-continuous shift workers:
(i) For all time
worked before the normal starting time and after the normal finishing time,
Monday to Friday, employees shall be paid at the overtime rate of time and one
half for the first two hours and double time thereafter.
(ii) For all time
worked on a Saturday (except as prescribed in clause 6.1), employees shall be
paid at the overtime rate of time and a half for the first two hours and double
time thereafter.
(iii) For all time
worked on a Sunday, shall be paid at the overtime rate of double time.
(iv) For all time
worked on a Public Holiday, as prescribed in Clause 7.2 Holidays, shall be paid
at the overtime rate of double time and one half.
7.1.2 Continuous
shift workers:
(i) For all time
worked in excess of ordinary hours continuous shift workers shall be paid at
the rate of time and one half for the first two hours and double time
thereafter except for time worked on a Sunday where such time shall be paid at
the rate of double time, and time worked on a public holiday shall be at the
rate of double time and one half.
Provided that this subclause shall not apply when the
time worked is:
(1) by arrangement
between the employees themselves, or
(2) for the
purposes of effecting the rotation of shifts.
Where overtime is necessary it shall, wherever reasonably
practicable, be so arranged that employees have at least ten consecutive hours
off duty between the work of successive days. An employee [other than a casual
employee] who works overtime between the termination of ordinary work on one
day and the commencement of ordinary work on the next day such that the
employee has not had at least ten consecutive hours off duty between these
times, shall subject to the subclause, be released after completion of such
overtime until the employee has had ten consecutive hours off duty without loss
of pay, for ordinary working time occurring during such absence.
If, on the instruction of the employer, such employee
resumes or continues work without having had the ten consecutive hours off
duty, the employee shall be paid at double rates until released from duty for
the period, and shall then be entitled to ten consecutive hours off duty,
without loss of pay, for ordinary working time occurring during such absence.
(ii) A Call Back
shall not be counted as overtime for the purpose of this subclause.
7.1.3 Call Back:
An employee recalled to work [i.e. recalled to work
without prior notice] shall be paid overtime for each such call back at the
appropriate rate as prescribed in this clause with a minimum payment as for
three hours at the appropriate rate.
An employee recalled to work as provided for in this
clause shall, if required to use their own transport, be reimbursed for the use
of such vehicle at the rate prescribed in subclause 8.3.
7.2 Public
holidays:
7.2.1 The following
days shall be observed as Public Holidays: New Year’s Day, Australia Day, Good
Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labor Day, Christmas Day
and Boxing Day, Union Picnic Day [first Monday in March or alternative day by
agreement between Tollaust and each employee] and any other holidays proclaimed
for the County of Cumberland or the State.
7.2.2 Any employee
who is absent without leave or reasonable excuse on the working day succeeding
or preceding a public holiday shall not be entitled to payment for such holiday
unless a doctors certificate is made available to Tollaust.
7.2.3 A continuous
employee rostered off on a public holiday, or if rostered on but the minority
of hours worked fall on the public holiday, then said employee will receive a
day off in lieu.
7.2.4 Where an
employee takes a period of annual leave and a public holiday falls within that
period, the public holiday shall not be included as part of the period of
annual leave.
7.3 Crib break
[full-time employee]:
Each full-time employee shall be allowed a paid 15 minute
crib break per shift, to be taken at a time mutually agreed between the
employee and the appropriate Plaza Supervisor as near as possible to the middle
of the first half of the shift. Provided that the time and location for taking
this crib break may be flexible in the case of Motorway Patroller when working
away from the control centre.
7.4 Meal break
[full-time employee]:
7.4.1 Full-time
employees engaged on either day work or non-continuous shift operations shall
be entitled to take an unpaid 30 minute meal break as near as practicable to
the middle of the shift at a time determined between the employee and the
appropriate Plaza Supervisor or Manager.
7.4.2 Full-time
employees engaged on continuous shift operations only shall be entitled to a
paid 30 minute meal break as near as practicable to the middle of each shift at
a time determined between the employee and the Plaza Supervisor or Manager.
7.5 Crib &
meal breaks [part-time and casual employees only]:
Such employees who work a minimum of 4 consecutive
ordinary hours on any day shall be entitled to crib break of 15 minutes
duration, without loss of pay, during the first 4 hours of duty.
Where the arrangement is for the employee to work a
shift beyond 5 hours, such employees shall be entitled to a meal break of not
less than thirty minutes nor more than one hour to be taken between the fourth
and fifth hour for which time shall not be paid for.
7.6 Overtime meal
break & meal money:
7.6.1 An employee
required to work overtime for more than one and a half hours, after the ordinary ceasing time, without being
notified before leaving work on the previous day that there would be a
requirement to work overtime shall be provided either with a suitable meal
[free of cost] or paid the sum nominated in clause 8.3[ii] and if the employee
works for a further four hours, shall be supplied with a second meal [free of
cost] or paid a further sum as nominated in clause 8.3[ii] for the second meal.
7.6.2 If an employee,
pursuant to such notice, has provided a meal/s and is not required to work
overtime or is required to work less than the amount so that the meal/s is/are
surplus, the employee shall be paid in accordance with sub-clause 8.3[ii] for
meals provided and which are surplus.
7.6.3 No employee
shall work longer than five hours without a break.
8. Wages and
Allowances
8.1 Classifications
and wages:
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Toll Collector
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$573.79 per 40 ordinary hour week
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Plaza Supervisor
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$631.34 per 40 ordinary hour week
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Motorway Patroller
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$642.40 per 40 ordinary hour week
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Motorway Patroller [Supervisor]
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$670.40 per 40 ordinary hour week
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These new wage rates are to effective from the first full
pay period after 6 May 2000.
Note the above all inclusive rates are for 40 ordinary
weekly hours of work as per Clause 6.1 of this award.
8.2 Wages review:
This award provides for a further adjustment to wages on the
following basis:
3.5% - First full pay period 12 months after the rates
in Clause 8.1 come into effect;
3.5% - First full pay period 24 months after the rates
in Clause 8.1 come into effect;
8.3 Allowances:
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$
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[i] Clause 7.1.3
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Employee use of own car
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0.44c per km
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[ii] Clause 7.6.1
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Meal cost
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6.60 per meal
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[iii] Clause 10.3.1
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First aid certificate recognition
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9.60 per week
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[iv] Clause 8.7
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Pennant Hills Night Shift Allowance
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2.00 per hour
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8.4 Jury service:
A full-time employee required to attend for jury service
during ordinary working hours shall be reimbursed by Tollaust an amount equal
to the difference between the amount paid in respect of attendance for such
jury service and the amount of wage the employee would have received in respect
of the ordinary time that would have been worked had there not been an
obligation for jury service. The employee shall notify the employer as soon as
possible of the date required to attend for jury service. Further, the employee
shall give the employer proof of attendance, the duration of such attendance,
and the amount received in respect of such jury service.
8.5 Payment of
wages:
Payment of wages shall be by Electronic Funds Transfer.
On each pay day, every second Thursday, Tollaust will
provide each employee with a statement showing the wages entitlement,
deductions and the net amount of wages due to that employee. All wages paid shall be in arrears.
8.6 Higher Duties
Allowance:
Any full time employee requested to perform higher duties
for two or more consecutive shifts will be paid on the basis of the higher
classification ordinary time rate.
8.7 Pennant
Hills Road Night Shift Allowance:
Any employee working a Night Shift at the Pennant Hills
Plaza shall be paid an allowance as set out in Clause 8.3[iv] for each hour
worked on the night shift. This
allowance is to be paid after the appropriate shift or overtime allowances are
applied.
9. Leave Provisions
9.1 Annual leave:
See Annual Holidays Act 1944.
9.1.1 Day workers,
non-continuous shift workers and motorway patrollers are entitled to 4 weeks
annual leave each year.
9.1.2 Continuous
shift workers are entitled to 5 weeks annual leave each year.
9.1.3 For continuous
and non-continuous employees annual leave will be paid at the ordinary time
rate of pay plus normal shift allowance payments excluding weekend and public
holiday allowances. For weekends a 20% shift allowance will apply. (ie Weekend
shift allowances will not be paid whilst on annual leave.) Public holidays will
be accounted for in accordance with Clause 7.2.4 of this award.
9.1.4 For all
employees the rates of pay specified in clause 8 of this award include payment
for annual leave loading.
9.2 Long service
leave:
See Long Service Leave Act 1955.
9.3 Sick leave:
9.3.1 A full-time or part-time
employee, after three month’s continuous service, who is absent from work by
reason of personal illness or personal injury, shall be entitled to paid leave
of absence to the following conditions and limitations:
(i) The employee
shall where practicable prior to the commencement of such sick leave inform the
employer of an inability to attend for duty and, as far as practicable, state
the nature of the injury or illness and the estimated duration of absence.
(ii) The employee
shall prove to the satisfaction of Tollaust, by the production of medical
certificate, of the inability to attend work on account of illness or injury,
on the day or days for which sick leave is claimed.
(iii) A full time
employee shall be entitled to sick leave of 40 hours in the first year of
service and 64 hours for each subsequent year of employment.
(iv) A retrospective
sick leave claim may be made after the completion of the 3 months service
provided the required evidence is made available to Tollaust.
9.3.2 Sick leave
shall accumulate from year to year to a maximum of 380 hours and shall be paid
at the employee’s ordinary hourly rate of pay prevailing at that time. No
payments will be made in lieu of untaken sick leave.
9.3.3 Sick leave
for a part-time employee will be the pro-rata equivalent to that of a full-time
employee. A casual employee is not
entitled to paid sick leave.
9.4 Sickness and
accident plan:
All full-time and part-time employees party to this award
shall be covered by a Sickness and Accident Income Protection Plan [Kanosie
Sickness & Accident Plan or any other fund as agreed by the parties] and it
is a term of this award that the company will contribute 1% of each employee’s
ordinary weekly wage rate as prescribed in Clause 8.1 towards providing this
income protection.
9.5 Bereavement
leave:
9.5.1 A full time
employee shall be entitled to a maximum of two day’s leave without loss of pay
on each occasion and on production of satisfactory evidence of the death in
Australia of the employee’s husband, wife, father, mother, brother, sister,
child, stepchild, grandparents or parents-in-law. For the purposes of this subclause the words "wife" and
"husband" shall include de facto wife or husband and the words
"father" and "mother" shall include foster father or foster
mother and stepfather or stepmother.
9.5.2 Provided
further, a full time employee shall be entitled to a maximum of two day’s leave
without loss of pay on each occasion and on production of satisfactory evidence
of the death outside Australia of an employee’s husband, wife, father or
mother, and where such employee travels outside of Australia to attend the
funeral.
9.6 Personal/carer’s
leave:
9.6.1 Use of Sick
Leave
(i) An employee,
other than a casual, with responsibilities in relation to a class of persons
set out in paragraph 9.6.1[iii] who needs the employee’s care and support,
shall be entitled to use, in accordance with this subclause, any sick leave
entitlement, provided for in clause 9.3 of this award, 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.
(ii) The employee
shall, if required, establish by production of a medical certificate of
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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being either:
A spouse of the employee; or
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 that
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
A child or an adult child [including an adopted child,
a step child, a foster child or ex nuptial child], parent [including a foster
parent and legal guardian], grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
A same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
A relative of the employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse, because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(3) The 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.
9.6.2 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the employer,
to take unpaid leave for the purpose of providing care and support to a member
of a class of person set out in paragraph 9.6.1[iii][2] who is ill.
The granting of unpaid leave for any other purposes is
at the sole discretion of the employer and under normal circumstances will not
be approved.
9.6.3 Annual Leave
(i) An employee
may elect, with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(ii) Access to
annual leave, as prescribed in paragraph 9.6.3[i], shall be exclusive of any
shutdown period provided for elsewhere under this award.
9.6.4 Time off in
Lieu of Payment for Overtime
(i) A employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within twelve
months of the said election.
(ii) 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.
(iii) If, having
elected to take time off as leave in accordance with paragraph 9.6.4[i] above,
the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the twelve [12] month period or
on termination.
(iv) Where no
election is made in accordance with paragraph 9.6.4[i], the employee shall be
paid overtime rates in accordance with this award.
9.6.5 Make-up Time
(i) An employee
may elect, with the consent of their 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 award at the
ordinary rate of pay.
(ii) An employee
on shift work 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.
9.7 Parental
leave:
See Chapter 2, Part 4, Division 1, of the Industrial
Relations Act 1996.
10. General
Conditions
10.1 Anti
Discrimination and Harassment:
10.1.1 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 (NSW) to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
10.1.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
10.1.3 Under the Anti-Discrimination
Act 1977 (NSW) it is unlawful to victimise an employee because the employee
has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
10.1.4 Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation.
(ii) Offering or
providing junior rates of pay to persons under 21 years of age.
(iii) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW).
(iv) A party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
(v) 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.
Note:
1. Employers
and Employees may also be subject to commonwealth anti-discrimination
legislation.
2. Section
56(d) of the Ant-Discrimination Act 1977 provides:
"Nothing in the Act effects...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."
In accordance with the State Wage Case Decision 1999,
page 61.
10.2 Protective
clothing, safety equipment and uniforms:
10.2.1 The employee
shall wear uniforms and use protective clothing and safety equipment as
nominated by the employer.
10.2.2 Protective
clothing and safety equipment shall remain the property of the employer.
10.2.3 Uniforms.
On appointment, each full-time employee will be
supplied with an initial issue of:
Full Time Toll Collector/Plaza Supervisor:
2 pairs of trousers or culottes or skirt
1 jumper and 1 jacket
3 shirts and 1 tie or scarf
1 hat
1 pair of safety shoes
1 pair of sunglasses
Motorway Patroller/Motorway Patroller Supervisor:
2 pairs of trousers
1 jumper and 1 jacket
5 shirts
1 pair of overalls
1 hat
1 pair of boots [safety]
1 pair of sunglasses
(ii) 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 one
[1] year and a maximum period of two [2] years.
(iii) Casual
employees shall be supplied with such items of uniform as are necessary to
cover the hours worked per week.
Notwithstanding that a casual employee must supply their own
trousers/skirt of a style and colour similar to that supplied to full time employees.
(iv) 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.
(v) On
termination of the employment, or when replaced by a new issue, all items of
uniform shall be returned to the Company.
Where an employee for no good reason fails to return items of issued
clothing, the employer may deduct an amount of $50.00 per item of uniform not
returned from the employee’s termination pay.
(vi) Each
employee is responsible for laundering and maintaining uniforms in a
presentable condition. A laundering
allowance is included in the weekly rates of pay for all classifications.
(vii) Notwithstanding
the provisions of this clause, the supply of uniforms may be varied to suit the
needs of the particular establishment.
10.3 Occupational
health and safety:
10.3.1 The holder
of a current First Aid Certificate, and appointed by the company to perform
first-aid duties, shall be paid an allowance as set out in Clause 8.3[iii]
10.3.2 The parties
to this Award acknowledge the need to maintain a safe and healthy workplace and
that compliance of all relevant legislation codes and standards are maintained.
The provisions of the Occupational Health and Safety Act 1983, as
amended, provides the standards to be observed.
It is recognised that safety is a team commitment
involving managers, supervisors and all employees, working together through
consultation and co-operation.
An adequate First Aid facility shall be made available and
maintained by Tollaust in accordance with the Occupational Health and Safety
Act 1983 and its regulations.
10.3.3 Alcohol and
Other Drugs
An employee will not be allowed to enter or work on the
premises if the employee is considered by the on Duty Controller or the Toll
Manager or Traffic & Maintenance Manager [or nominated Deputy] to be under
the influence of alcohol or any other substance that impairs the employee’s
ability to work or is likely to create an unsafe working environment.
Where the on Duty Controller or the Toll Manager or Traffic
& Maintenance Manager [or nominated Deputy] has a reasonable suspicion that
an employee on the premises is under the influence of alcohol or some other
prescribed or non-prescribed drug that is considered likely to create an unsafe
working environment, the employee will be directed to leave the premises. If the employee refuses to leave the
Motorway premises, such employee shall be subjected to disciplinary action.
The employee in these circumstances will not be paid for the
remainder of the day or shift. The employee should however and if so rostered,
report for work the following day if in an appropriate state of health.
10.4 Medical
examinations:
10.4.1 Prior to the
offer of either full-time or part-time employment, a pre-placement work related
medical examination [including audiometry, spirometry and blood lead level
tests] will need to be undertaken.
10.4.2 Each
full-time and part-time employee shall be required to undergo an annual medical
examination which will include an audiometry, spirometry and blood lead level
test.
10.4.3 Whilst all
costs for medical examinations are to borne by the employer, there will be no
additional payment to the employee for attending the medical examinations which
will be carried out during the employees own time at a time mutually agreed
between the employee and the employer’s nominated doctor.
10.4.4 The employer
is to keep records of the medical examinations.
10.4.5 The medical
records shall be made available to the employee concerned on request.
10.4.6 A copy of the
medical report is to be forwarded to the employee’s treating doctor at the
request of the employee.
10.4.7 With the
employee’s authority, information relevant to workers’ compensation or
occupational health and safety is to be forwarded to Occupational Health and
Safety Committee as required.
10.4.8 In all other
circumstances information contained in the medical reports is to remain
confidential.
10.5 Notice boards:
The employer shall have a suitable Notice Board in a
prominent positions for the display of Notices including this Award.
All notices placed on the Board shall be approved by the on
duty Controller or Manager or their nominee who shall initial the back of each
such notice prior to posting.
10.6 Superannuation:
Superannuation contributions will be paid in the
Superannuation Trust of Australia Fund in accordance with the legislative
requirements of the Superannuation Guarantee [Administration] Act 1992.
10.7 Employee
counselling:
With the object of retaining good employer/employees
relations, no employee will be dismissed [except for misconduct which would
justify instant dismissal] unless the following procedures have been followed:
10.7.1 First Warning:
If Management considers an employee to be unsatisfactory
for any reason, the employer shall inform the employee of the unsatisfactory
nature of the employee’s service and allow the employee the right to
respond. If the employee so requests, a
witness of his choosing may be present. The nature of the unsatisfactory
service will be committed to writing.
10.7.2 Second
Warning:
If the employee in the opinion of the employer
continues to be unsatisfactory, the company shall again discuss with the
employee, in the presence of a witness if requested, the unsatisfactory nature
of the employee’s service and advise the employee that continuation of such
unsatisfactory service will lead to dismissal. Again, the nature of the
unsatisfactory service will be committed to writing.
10.7.3 Final
Warning:
If after two written warnings the employer considers
the employee to still be unsatisfactory then the employee may be dismissed in
the presence of an appropriate witness.
10.8 Settlement of
disputes procedure:
10.8.1 The parties
to this award agree to facilitate the constructive and speedy resolution to any
issue of concern at the workplace and recognise that this commitment is
critical to maintaining harmonious relations between Tollaust and its
employees. It is agreed that all parties shall use their best effort to resolve
any grievance expeditiously.
Subject to the provisions of the Industrial Relations
Act 1996, No.17, any dispute shall be dealt with in the following manner:
(i) If an
employee has a grievance arising out of his or her employment with Tollaust, the
employee shall notify the supervisor of the substance of the grievance, request
a meeting with that person and state the remedy sought;
(ii) If the matter
cannot be resolved between the employee, or his/her representative, and the
supervisor, the grievance shall be referred to the Toll Manager or Traffic
& Maintenance Manager [or nominated Deputy] who will arrange for the matter
to be reviewed with the appropriate union official. Where appropriate or deemed
necessary, the employee may elect to seek the assistance of his/her workplace
representative.
(iii) If the matter
remains unresolved, the employee shall request the Toll Manager or Traffic
& Maintenance Manager [or nominated Deputy] to refer the grievance to the
General Manager - Tollaust Pty Limited and the Secretary of the Union.
(iv) If the matter
continues to remain unresolved, the grievance will be referred to the NSW
Industrial Relations Commission for determination.
10.8.2 During the
period of time these procedures are being carried out, work will continue in
accordance with the pre-grievance manner and no stoppage of work or imposition
of work limitation shall occur. Neither
party to this award shall be prejudiced as to the final settlement terms by the
continuation of work in this regard.
11. No Extra Claims
No employee party to this award or the union shall make any
claim against Tollaust Pty Limited for any increase in rates of pay or
allowances or make any other claim during the life of this award.
12. Signatories to Award
Signed for and on behalf to TOLLAUST PTY LTD
............................................................................................
Applicant Witness
................................................
Date
Signed for and on behalf of the Australian Workers Union -
NSW
.............................................. ...........................................
Applicant Witness
...........................................
Date
R. J. PETERSON J.
____________________
Printed by the authority of the Industrial Registrar.