The aforementioned hourly wage rates for classifications,
shall apply from beginning of the first pay period to commence on or after 15
May 2002.
(a) These wage
rates are inclusive of all allowances, with the exception of those provided for
separately in this Enterprise Award.
The rates are fixed for the term of the Enterprise Award and shall not
be adjusted, save for a specific order on the Company by the Industrial
Relations Commission of New South Wales.
The weekly wage is calculated on a thirty-eight (38) hour week.
(b) Employees
(except trainees) engaged in duties covered by Casual Roadcrew and Grades 2 and
3, shall be paid at the rate appropriate to duties rostered each day. Where mixed duties occur, the rate
applicable to the duties required for the longest period of the shift shall
apply.
(c) A daily
allowance of $3.20 per rostered shift will be paid for First Line Response
(FLR) dedicated metropolitan branch crew, excluding NTM section employees.
(d) Twelve (12)
months from registration, a 4% wage increase will be paid. Providing a minimum of thirty percent (30%)
of three person armoured jobs, are converted to two person both exiting the
vehicle and with best endeavours to achieve forty-five percent (45%).
In determining job numbers for this purpose, NTM; one
in one out and non-armoured jobs are not to be counted.
(e) Twenty-four
(24) months from registration, a 5% wage increase will be paid. Providing a minimum of sixty percent (60%)
of three person armoured jobs, are converted to two person with both exiting
the vehicle and with best endeavours to achieve seventy-five percent (75%).
In determining job numbers for this purpose, NTM; one
in one out and non-armoured jobs are not to be counted.
(f) The manner in
which to determine the percentages to trigger the pay increases shall be:
If the sum total of all jobs in the Armaguard business
is taken as 100% of all jobs then the percentage of jobs required to trigger
the wage increases is; 100% minus the percentage of jobs in the NTM, Non-Armoured
or one person out of an armoured vehicle. eg; 100% (being all jobs)
17% (being all jobs in the NTM, Non-Armoured or one
person out)
= 83% (this would be the figure of which thirty percent
and sixty percent of jobs required to trigger the anniversary increases would
be calculated. i.e. 30% and 60% of 83%)
As a monitoring mechanism for the percentages of two
out jobs a committee will be established and meet on a three monthly basis.
(g) If there are
insufficient number of two person designed vehicles available to perform the
number of two person crew jobs as specified in (d) and (e) then the appropriate
wage increase will be paid.
In the event that legislative or judicial variations
prohibit the introduction or ongoing use of two person vehicles Mayne Logistics
Armaguard will provide the following increases in lieu of the prescribed
increases as set out above in Clause 6 - Wages.
3% 1st Anniversary
3% 2nd Anniversary
(h) A daily
allowance of $10.85 will be paid to NTM employees engaged in work which is
classified as "second line maintenance" work and who are contracted
to Mayne Logistics Armaguard via either a second line provider or a Mayne
Logistics Armaguard customer.
7. Hours
(a) The ordinary
hours of work shall be limited to eight hours on any one (1) day, Monday to
Friday inclusive, between the hours of 5am and 10pm except for employees who
were employed prior to the 11th November 1999, whose spread of hours shall be
5am - 8pm and who can volunteer to work between 8pm to 10pm, overriding
limitations of Clause 7(b) in this regard.
If not enough volunteers, the Company can recruit new employees who will
work within this spread of hours.
In the event of the Company securing the contract for
the Royal Easter Show, these above provisions will also function including
Saturday and Sunday during this event overriding the limitations in Clause 7
(b).
(b) Permanent
Employees - Starting times for permanent employees employed as at the 11th November
1999 may be at any time between 5am and 11.30am, provided that for pre-October
1994 permanent employees the latest starting time shall be 10am. The maximum variation in starting times for
such individual employees for a week shall be two (2) hours. Permanent
employees appointed after the 11th November 1999 may be rostered to commence
work as requested within spread of hours.
(c) Permanent Part
- Time Employees - Permanent part time employees shall be employed under the
terms of the Award, (as amended by this Enterprise Award) except that start
times shall be variable within the spread of hours provided that for employees
appointed to permanent positions prior to 16th December 1987, who revert to
part-time status, the minimum hours shall be twenty-four (24) over three (3)
days. Pre-October 1994 employees
reverting to part time work, are guaranteed a minimum hours spread over three
(3) days, with a minimum of six (6) hours per start. Post October 1994 employees are guaranteed a minimum of twenty (20)
hours over not less than three (3) days, with a minimum of four (4) hours per
start.
(d) Casual
Employees - Irrespective of hours worked, casual employees shall be paid for
minimum hours for each start as follows:- six (6) hours for employees employed prior
to October 1994 and four (4) hours for subsequent employees. Shifts of less
than six (6) hours duration shall only be rostered where there are clear
efficiencies available through doing so.
Any difficulty in the application of this clause will
be subject to the Grievance and Dispute Procedure.
8. Overtime
Overtime rates under this Enterprise Award will be:
(a) Monday
to Friday
(i) Within spread
of hours
first two (2) hours / ordinary time. This will change
to first hour / ordinary time three (3) months after signing of this Award.
subsequent hours / time and one half.
(ii) Outside
spread of hours
all hours / time and one half.
(b) Saturday
(i) Within spread
of hours - 5am to 8pm
First eight (8) hours / ordinary time
all subsequent hours / time and one half
(ii) Outside
spread of hours
all hours / time and one half
(c) Sunday and
Public Holidays
(i) Within spread
of hours - 5am to 8pm
first eight (8) hours / time and one quarter
all subsequent hours / time and one half
(ii) Outside
spread of hours
all hours / time and one half.
(iii) Christmas Day
/ Good Friday
all hours double time.
(d) Limitation of
Overtime
(i) An employee
who is required to work for any period amounting to twelve (12) hours or more
from the time of commencing work, shall be granted a respite and shall be
entitled to absent himself/herself from work until he/she has had eight (8)
consecutive hours off duty, without loss of pay, for ordinary working time occurring
during such absence.
In the cases of emergency as herein defined, the said
twelve hours referred to in subclause (i) of this clause, may be exceeded by
not more than one hour. Emergency in
this subclause shall mean periods in which excess cash or bullion, which has
been delayed by circumstances beyond the control of the employer, needs to be
transported within a limited period of time and where extra labour is not
available to carry out the necessary work.
9. Carry Limits
Non-Armoured Operations will be in Accordance with Company
insurance requirements and the Cash Transportation (Non-Armoured Vehicles)
Interim Award or any variation of cash limits as varied by this award.
10. Flexible Crewing
All current jobs at the commencement of this agreement will
be two person jobs with the two people working out of the two person designed
vehicle unless a Security Site Survey specifies differently.
Two person out jobs shall be defined as two person out of a
two person vehicle, or two persons out of a two person vehicle with an escort,
or two persons out of a two person vehicle with any other crewing level that a
site assessment may determine is applicable for that job.
Two persons out of a two person vehicle shall only be
carried out where the technology required to safely operate two persons out is
working. The company agrees to notify the employees immediately if such
technology fails.
All depots will have the opportunity to work two crew
operations with both crew exiting the vehicle.
Any issues about the classification of jobs are to be
referred to the branch classification committee for resolution.
The role of the branch classification committee will be to
meet when a road crew member believes that a site is not suitable for two person
out operations.
Such issues will follow the course of action detailed below
for resolution:
Escalation of disputed site occurs via Table "A":
Table "A"
|
Dispute referred to:
|
Time limit
|
|
|
|
|
The Branch Manager
|
1 Day
|
|
The Classification Committee Branch
|
2 Days
|
|
The Regional Manager
|
2 Days
|
|
The IRC via the Grievance and Dispute
|
|
|
Procedure (Clause 5)
|
|
Should Management not investigate the disputed site within
the five (5) day time limit then the job will revert to being a three-person
crew job.
NOTE: The IRC and disputes process is outside the
Company’s control and the time limit does not include the time involving the
IRC.
For the purposes of providing for consultation on the
implementation of two person crew work a Consultation Committee will be
established at each branch.
In the first instances the site assessment will determine
the manner in which work will be performed. Branch staff will have access to
review the existing Security Site Surveys.
All sites being serviced by a three person crew at the date
of this Award will be considered eligible for being performed by a two person
crew. All sites being serviced by a
three person crew and a support person at the date of this Agreement will be
considered eligible for being performed by a two person crew and a support
person.
The Branch Consultative Committee shall comprise of two
management representatives and two road crew representatives.
As two person runs are established, details of the proposed
run will be provided to members of the consultative committee seven (7) days
prior to the first day the run is to operate.
Any concerns over the application of two person crewing at an identified
site are to be handled in accordance with this clause’.
Meetings of the Consultative Committee shall be convened as
required.
Where a disagreement occurs about a site assessment then the
matter will be discussed with the person who did the site assessment. Should the matter not be resolved then it
will be dealt with in accordance with Table "A" or if necessary
subsequently in accordance with the Grievance and Dispute Procedure.
Existing employees are to give one (1) months notice, in
writing to withdraw from the two crew out operations. The withdrawal of voluntary status will not be used as an
industrial tool nor will it be withdrawn en masse by employees.
Rostering of two crew vehicle, with both exiting the
vehicle, is to be on a voluntary basis for existing employees (as at the 8th
April 2002).
Rostering for two crew operations for new employees will be
non-voluntary.
Roadcrew employees working on two person crew operations
will be paid an allowance of $2.03 per hour.
This allowance will also be applicable to country employees working on
specialised two person crew vehicles provided that the existing arrangement for
country two person crews of one in and one out continue with existing vehicles.
One (1) ‘Benefon’ GPS mobile phone and one (1) portable hand
held radio with duress will be made available, per two person crew vehicle with
both crew exiting the vehicle. This is
to be reviewed in 6 months time. The
Company requires that both systems must be activated to gain the required
response. More detail will be contained
in the training program and manual.
The country operations will be treated in the same way as
the metropolitan region; i.e. when three crew jobs are converted to two crew
jobs with both crew exiting the vehicle the appropriate style of vehicle will
be deployed.
A two crew vehicle with both exiting the vehicle will be
introduced to Orange within three months of commencement of the Award and to
Grafton and Port Macquarie within six months.
Management’s intention is to convert current three crew jobs
to two crew out jobs to facilitate the introduction of the above vehicles.
11. Meal Breaks
A meal break of thirty (30) minutes shall be taken by the
employee between the hours of 11.00am and 2.30pm provided that employees shall
not work more than six (6) hours without a meal break.
In the event of Clause 7 (a) being utilised, by mutual
agreement the meal break shall be taken at an agreed time.
12. Lunch on Car
Allowance & Lunch Break Allowance
A Lunch On Car Allowance of $12.00 shall be paid for
Armoured Vehicle Operators, as follows:
(a) Pre-October
1994 full-time permanent employees on each day worked, Monday to Friday.
(b) All
post-October 1994 full-time permanent employees plus all part-time and casual
employees, on each occasion the employee is required to remain in the vehicle
for the lunch break.
(c) The 15 minute
Lunch Break Allowance provided for in Judge Peterson’s finding of 23 September
1992 for Wollongong Branch employees, shall not be payable provided that any
pre October 1994 permanent employee shall continue to receive the allowance at
the rate of $14.57 per week while employed at the Wollongong Branch, unless
agreement is reached by the parties to cease this arrangement.
13. Rostered Days Off
Each permanent full time employee shall receive an RDO after
working a forty (40) hour week with two (2) hours per full work week
accumulating to provide one RDO each four (4) weeks. Employees will receive pay for a thirty-eight (38) hour week at
the hourly rate prescribed by Clause 6.
Employees may redeem for cash accrued Rostered Days Off
twice annually in June and December. The maximum redemption will be five (5)
days at any occasion.
14. Shift Work
Should shiftwork be required during the life of this Enterprise
Award, negotiations will be conducted on the conditions to apply, leading to
submission for registration of a Variation to this Enterprise Award.
15. Recall
A recall can only occur after at least sixty (60) minutes
has lapsed after such employee has ceased normal work. An employee recalled for work shall be paid
for a minimum of hours, as follows.
(a) Monday to
Friday - three (3) hours at the appropriate rate of pay prescribed at Clause 8.
(b) Saturday,
Sunday and Public Holidays - four (4) hours at the appropriate rate of pay
prescribed at Clause 8.
16. Rostering -
Metropolitan
(a) Changes to
runs, which result from efficiencies sought through this Enterprise Award,
shall be implemented in consultation with at least the delegate and/or co- delegate
or other nominated employee in each yard.
(b) Rostering of
employees to duties shall be a management responsibility, however, the delegate
or co-delegate shall be consulted when roster changes are required or
contemplated.
(c) Rosters shall be
displayed on the Road Crew notice board with a minimum of seven (7) days’
notice for each shift.
(d) Week-End
Rosters
(i) Weekend work
is to be made available to employees on a rotational basis between branches.
(ii) The branch
sequence for this rotation shall be; Smithfield, Artarmon, Rosebery,
Kingsgrove, Penrith, Newcastle, Wollongong, Gosford, Bankstown.
(iii) Employees
from all branches shall indicate their availability for week-end work by
placing their name on a list on the Road Crew notice board by mid-day each
Monday for work on the following week-end.
(iv) This list
shall permit indication of availability by day.
(v) Commencing
with the "duty branch" employees shall be allocated to available
work. Should there be insufficient
employees from that branch to fill available positions, remaining positions
shall be filled from the next branch on the rotation list and so on until all
positions are filled.
(vi) The branch
from which the final position was filled shall become the first branch on the
rotation the following week. Employees
from this branch shall only be offered weekend work on this following weekend
if:
they were available for weekend work the previous
week; and
they did not work on the previous weekend, provided
that where an employee did not work on the previous weekend due to annual
leave, they shall not be penalised under this provision.
(vii) Any employee
who is absent on sick leave on a Friday shall be ineligible for work on the
weekend immediately following, even if rostered for such work.
(viii) An employee
who is offered weekend work at short notice, but refuses such work shall not
suffer any penalty.
17. Uniforms
(a) The following
uniform items are to be provided by the Company to armoured vehicle personnel.
|
Shirts
|
Trousers
|
Jacket
|
Jumper
|
Trouser Belt
|
|
Belt Clips
|
Shorts
|
Ties
|
Socks
|
Gun Belt
|
Rain Coats (where required)
Hats (if worn by individual employees)
(b) Uniforms are
to be maintained and worn in a neat professional manner as specified in the
Armaguard NSW Employee Code of Conduct and the Armaguard Uniform Regulations, a
copy of which is attached as Annexure 2 to this Enterprise Award.
(c) Non-Armoured
employees will be paid a clothing allowance of $5.75 per week in respect to the
laundering and maintenance of personal clothing.
18. Transfer &
Appointment of Employees Between Metropolitan Branches
(a)
(i) When a
permanent vacancy exists in a metropolitan branch, applications will first be
called from permanent and permanent part time employees with the relevant
experience, from other metropolitan branches.
(ii) Permanent
employees with less than twelve (12) months service, at the closing date for
the vacancy in their current branch, are not eligible to apply for transfer.
(iii) From the
suitable applicants, transfers will be approved on the basis of merit, taking
into account years of service and experience.
(iv) Resulting
vacancies will be offered in the same manner until all positions have been
filled.
(v) If no
permanent staff apply to transfer to a vacant permanent position, casuals who
have applied for the position will then be considered. These vacancies will then be filled
following the procedure detailed in Clause 19 (c) and (d).
(b) Because of the
chain reaction created by this transfer method, temporary transfers will
sometimes be necessary at short notice to meet operational requirements while
the transfer system takes it's course.
The Company will have the right to temporarily change the place of work
of an employee for up to four (4) weeks while the agreed transfer procedure is
in operation.
(c) For the
appointment of casual employees to permanent vacancies, each Branch will have a
consultative panel consisting of at least a Branch Manager and a Branch
Delegate. The consultative panel will
assess suitability of applicants for permanent appointments to the Branch.
(d) Positions
available for new permanent and part-time employees shall be advertised
internally in Armaguard and at the discretion of the Company, may also be
advertised externally. Where an
internal and external applicant are of equal standing, the internal applicant
will be selected. Such appointment will
result from assessment by the consultative panel.
(e) During a three
(3) months probationary period, the consultative panel will assess the
suitability of the casual employee for current and ongoing employment. This three (3) month probationary period may
be extended by a further three (3) months by the consultative panel, in
extenuating circumstances.
19. Training
Training will be provided to employees as required to
develop and enhance skills and competencies.
Annual refresher training will also be provided to all employees
covering key aspects of their duties, including security, weapon training and
general development.
Training can apply on a Sunday at ordinary time for up to
seven (7) hours, no more than four (4) times per annum.
20. Pay Day
Employees shall be paid each week on the designated pay day,
or at the termination of their casual employment.
21. Branch Crewing
Levels
(a) Permanent and
part-time crewing in each branch will be governed by the regular requirements
of the lightest day.
(b) The following
positions are to be taken into account when determining permanent and part-time
crew levels:
(i) Armoured
vehicle crews.
(ii) Despatch
Hand.
(iii) Couriers
(where required).
(c) The number of
part-time employees who form part of the minimum manning shall be determined
through consultation on a branch by branch basis.
22. Employee Meetings
(a) Paid time will
be provided for employee requested Branch meetings on the following basis:
(i) Maximum of
four (4) meetings per year.
(ii) Maximum
duration of paid time to be forty (40) minutes per meeting.
(iii) Consultation
is to occur between delegate and branch manager to determine a suitable meeting
time.
(b) Seven days
notice is to be given to the company of any employee or delegates meeting for
meetings to be held in paid time.
23. Sick Leave
Sick leave shall be as per the Award except where overridden
by Section 26 Minimum Sick Leave Entitlements of Division 2 - Particular
Conditions of Employment in Awards of Part 1 - Awards of Chapter 2 - Employment
of the Industrial Relations Act
1996.
24. SRA / Coin
Vending Collections and Payphone Collections
The parties will commit to the implementation of SRA /
Vending Collection Services and payphone collections using one, two or three
person crews, as deemed by the Company in consultation with the Union. In the case of two person crews, both
persons will exit the vehicle.
Examples of work include SRA, Changemaster, Wills and
Coca-Cola.
A committee of management and delegates will be formed to
review safety, vehicle technology, vehicle immobilisation and carry limits (as
per insurance coverage).
25. Licences
Casual employees engaged after 11 November 1999, will be
required to pay their own licence renewals.
However, when an employee is appointed a permanent, the Company will pay
the cost of future renewal of licences.
26. Discipline and
Conduct
(a) It is agreed
that all employees shall be subject to the Armaguard NSW Employee Code of
Conduct, which shall be issued to all employees (Annexure 3).
(b) Any dispute
over the application of this clause shall be dealt with in accordance with
Clause 5 - Grievance and Dispute Procedure.
27. Confidentiality
(a) All
information provided to or otherwise obtained by employees regarding Armaguard operations,
procedures, or any other matter is confidential and is not to be disclosed to
any other person without the consent of the Company.
(b) Similarly any
information obtained about Armaguard clients, current or past, is to be
regarded as confidential.
28. Duration
The duration of this Enterprise Award will be three (3)
years from the date of commencement of the Award, with the provision to
commence new negotiations no later than nine (9) months prior to the end of its
term. In the event a new Enterprise
Award has not been finalised, the terms of the Enterprise Award will remain in
effect until a new agreement is finalised.
29. Declaration
(a) This
Enterprise Award has been negotiated through extensive consultation between
management, employees and the Union.
The content of the Enterprise Award has been canvassed widely with
affected employees. All parties are
entering into this Enterprise Award with full knowledge of the content and
effect of the document.
(b) The parties
declare that this Enterprise Award:
(a) Is not
contrary to the public interest;
(b) Is not unfair,
harsh or unconscionable
(c) Reflects the
interests and desires of the parties
30.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(b) 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.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) 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;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES
-
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
31. Personal/Carer's
Leave
(a) Use of Sick
Leave
(i) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in (iii)(B) 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 24 - Sick Leave for absences to
provide care and support for such persons when they are ill. Such leave may be
taken for part of a single day.
(ii) The employees
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this 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:
(A) the employee
being responsible for the care and support of the person concerned: and
(B) the person
concerned being:
(1) a spouse of
the employee; or
(2) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(3) a child or an
adult child (including an adopted child, step child, a foster child or an
ex-nuptial), 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
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household.
Definitions -
(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.
(b) Notice
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 their relationship to the employee, the
reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(c) 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
(a) (iii) (B) above who is ill.
(d) 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 (5) 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 (i) above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(iii) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five (5) consecutive annual leave days
are taken.
(e) Make-Up Time
(i) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off during ordinary hours, and works those
hours at a later time, during the spread of ordinary hours provided in the
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.
(f) Rostered Days
Off
(i) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(ii) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(iii) Where the
employer and employee agree, rostered days off may be accumulated which occur
as a result of employees working in accordance with the provisions of this
subclause. These accumulated days may
be taken at any time mutually agreed between the employer and the employee An
employee may elect, with the consent of the employer, to accrue some or all
rostered days off for the purpose of creating a bank to the drawn upon at time
mutually agreed between the employer and employee, or subject to reasonable
notice by the employee or the employer.
(iv) This subclause
is subject to the employer informing the union if it has members employed at
the particular enterprise to its intention to introduce an enterprise system of
RDO flexibility, and providing a reasonable opportunity for the union to
participate in negotiations.
32. Bereavement Leave
(a) 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 in Australia of a
person prescribed in subclause (c) of this clause. Where the death of a person as prescribed by the said subclause
(c) occurs outside Australia the employee shall be entitled to two (2) days
bereavement leave where such employee travels outside Australia to attend the
funeral.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide, to the satisfaction of the employer, proof
of death.
(c) 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 as set out in
subparagraph (B) of paragraph (iii) of subclause (a) of Clause 32 -
Personal/Carer's Leave, provided that for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(d) 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.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(d), (e), (f), and (g) of the said Clause 32.
In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
33. Redundancy
(a) Application
(i) This clause
shall apply in respect of full-time and part-time employees.
Notwithstanding anything contained elsewhere in this
clause, this clause shall not apply to employees with less than one (1) year’s
continuous service and the general obligation on employers shall be no more
than to give such employees an indication of the impending redundancy at the
first reasonable opportunity, and to take such steps as may be reasonable to
facilitate the obtaining by the employees of suitable alternative employment.
(ii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(b) Introduction
of Change
(i) Employer's
duty to notify
(A) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(B) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
duty to discuss change
(A) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (i) above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(B) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (i).
(C) For the purpose
of such discussion, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
(c) Redundancy
(i) Discussions
before terminations
(A) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subparagraph (A) of
paragraph (i) of subclause (b) above, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(B) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (A) of this
subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(C) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(d) Termination of
Employment
(i) Notice for
changes in production, program, organisation or structure.
This subclause sets out the notice provisions to be
applied to terminations by the
employer for reasons arising from "production", "program",
"organisation" or "structure" in accordance with subclause
(b) (i) (A) above.
(A) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
|
Period of Continuous Service
|
Period
of Notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(B) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two (2) years continuous service, shall be
entitled to an additional week's notice.
(C) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
Technological Change
This subclause sets out the notice provisions to
applied to terminations by the employer for reasons arising from technology
accordance with subclause (b)(i)(A) above:
(A) In order to
terminate the employment of an employee the employer shall give to the employee
three (3) months notice of termination.
(B) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(D) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these
Acts.
(e) Time off
during the notice period
(i) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five (5) weeks, for the purposes of seeking other
employment.
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(f) Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(g) Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(h) Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify the Centrelink thereof as soon as possible giving
relevant information including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(i) Centrelink
Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink.
(j) Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in paragraph (a) of subclause (ii) above, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment had been terminated,
and the employer may at the employer's option make payment in lieu thereof of
an amount equal to the difference between the former ordinary time rate of pay
and the new ordinary time rates for the number of weeks of notice still owing.
(k) Severance Pay
(i) Where an
employee is to be terminated pursuant to subclause (d) above, subject to
further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay 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:
|
Under 45 Years of Age Years of Service
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(B) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
45 Years of Age and Over Years of Service
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(C) 'Weeks pay'
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant
award.
(l) Incapacity to
pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subclause (k) above.
The Industrial Relations Commission of New South Wales
shall have regard to such financial and other resources of the employer
concerned as the Industrial Relations Commission of New South Wales thinks
relevant, and the probable effect paying the amount of severance pay in
subclause (k) above will have on the employer.
(m) Alternative
employment
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subclause (k) above if the employer obtains acceptable alternative employment
for an employee.
(n) Savings Clause
Nothing in this award shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under the Mayne Group Limited redundancy
policy, as at the 15th May 2002.
34. Incidence
(a) This award
applies to the employees of Mayne Logistics Armaguard who are employed in the
classifications of employment nominated in this award.
(b) This award
shall take effect from the beginning of the first pay period to commence on or
after 15 May 2002 and shall remain in force thereafter for a period of 3 years.
It rescinds and replaces the reviewed Armaguard NSW
Roadcrew Enterprise Award 1999 - 2001 published 5 April 2002 (332 I.G. 590).
(c) This award
remains in force until varied or rescinded.
35. Personal
Insurance
The company will effect Personal Accident Insurance coverage
for all employees to the value of $400,000 for any one event, effective from
1st July 2002. The death and disability
cover provided for under this insurance will be in respect of injury arising
out of the Insured Person's employment and sustained in consequence of a
violent or criminal act committed by a person or persons in the execution of a
robbery or hold-up or any attempt thereat, or kidnapping or attempted
kidnapping".
36. Supported Sites
The provision of support personnel will be limited to those
sites identified through a site survey as requiring support. Site Surveys will
be conducted in accordance with the document (or updated versions of it) which
was tendered by the Company as an exhibit in Matter No IRC01/6924 - Cash
Transportation (Non Armoured Vehicles) Interim Award.
Where a disagreement occurs about a site survey then the
matter will be discussed between the person who did the site survey and the
appropriate branch consultative committee.
Should this process not resolve the matter then it shall be dealt with
in accordance with the Grievance and Dispute Procedure.
37. ATM Section
(a) Where a
permanent full-time or part-time employee or casual employee is required to
transfer from another branch to the ATM Section on a short term relief basis,
he/she shall work and be paid as follows:
(i) where the
relief is for less than two (2) weeks; under the terms of their current
classification in clause 6; or
(ii) where the
relief is for two (2) weeks or more payment will be made in accordance with the
appropriate NTM wage scale in clause 6.
(b) These rates
shall be for work rostered to commence at or after 5am and finish at or before
11pm. Work which is rostered to
commence before 5am or finish after 11pm shall attract a loading of 10.6%. No other penalty rates or loadings are
payable unless specified by this Award.
(c) These rates
are inclusive of all allowances, with the exception of those provided for
separately in this Enterprise Award.
The rates are fixed for the term of the Enterprise Award and shall not
be adjusted save for a specific order on the Company by the Industrial
Relations Commission of New South Wales.
(d) Ordinary hours
shall not exceed fifty (50) per week when averaged over a fifty-two (52), two
(2) week period and can be worked on any day, Monday to Sunday, provided that
pre-October 1994 permanent employees shall not, without their agreement, be
rostered for work in any four month period, on more than 50% of Saturdays and
Sundays and further, without their agreement, not more than 50% of rostered
weekend work shall be scheduled to finish after 5.30 pm.
(e) Rostered hours
shall be:
|
(1)
|
Permanent employees
|
Minimum 8 hrs per shift
|
|
|
|
Maximum 10 hrs per shift
|
|
|
|
|
|
(2)
|
Permanent Part-Time employees
|
Minimum 20 hrs per week
|
|
|
|
Minimum 4 hrs per shift
|
|
|
|
Maximum 10 hrs per shift
|
|
|
|
|
|
(3)
|
Casual employees
|
Minimum 4 hrs per shift
|
|
|
|
Maximum 10 hrs per shift
|
Rostered days and hours of work shall be entirely
flexible within the limitations of this Enterprise Award.
(f) Overtime wage
rates for work required in addition to rostered hours shall be:
(i) First two
hours immediately before or immediately after rostered hours - ordinary rate of
pay. This will change to the first one hour at ordinary time three (3) months
after signing of this Award.
(ii) All
subsequent hours before or after rostered hours- ordinary rate plus 50%.
(g) Where an
employee is rostered for work on a public holiday to which a day worker is
entitled without loss of pay, they will receive eight (8) hours pay for the
public holiday, in addition to payment for hours worked for the week. Alternatively, they may take a day off at
some other mutually agreed time between the employee and employer and receive
eight hours pay for that day.
(h) No employees
shall be required to work for more than six (6) hours without a meal break
(crib time) except in the case of any employee who is required to continue work
after the normal finishing time for less than two (2) hours. The said six (6) hours is to be calculated
from the time of starting work or from the end of the previous meal break or
crib time, whichever applies.
(i) Branch
settlement crews shall respond to ATM malfunctions within their service area,
as directed, when no Response Crew is immediately available to provide the
service.
38. Chain of
Responsibility
38.1 The Company
may, under certain circumstances set out below, give out work covered by this
Award to:
38.1.1 Another
employer, whose employees will carry out all of the work so given;
38.1.2 Another
employer, whose employees will not carry out any or all of the work so given;
38.1.3 Another
entity that does not engage employees which will not carry out any or all of
the work so given;
38.1.4 Another
person or other persons, who alone will personally carry out any or all of the
work so given.
38.1.5 Another
person or other persons, who will not personally carry out any or all of the
work so given.
38.2 The Company
must not give out work covered by this Award to that employer, entity or
person(s) (as provided in clauses 38.1.1to 38.1.5) unless it makes a record in
writing of the following details:
38.2.1 The
name of the other employer (or the other entity or person(s)) to whom the work
is given and the Australian Business Number and/or Australian Company Number of
the other employer (or the other entity or person(s)) to whom the work is
given.
38.2.2 The
address of the other employer (or the other entity or person(s)) to whom the
work is given.
38.2.3 The
date of giving out the work and the date for completion or cessation of the
contract or arrangement under which the work is performed.
38.2.4 A
description of the nature of the work to be performed, in particular the
destination from which the cash and valuables are to be transported and the
value of the cash and valuables to be transported.
Where the Company gives out work to more than one
employer, entity or person(s), the Company must keep an up to date consolidated
list of those employers, entities or persons which contains all of the
information required to be kept by this subclause.
38.3 Where the work
is given out to an employer whose employees will not carry out any or all of
the work (as provided in clause 38.1.2) a copy of any record kept in accordance
with clause 38.2 shall be given to each person who performs part or all of the
work given out is an employee of the employer or person who has been given the
work as provided in clause 38.1.2.
38.4 Where the work
is given out to another entity or person(s) who will not carry out any or all
of the work (as provided in clauses 38.1.3 and 38.1.5) a copy of any record
kept in accordance with clause 38.2 shall be given to each person who performs
part or all of the work given out.
38.5 Where the work
is given out to another person or other persons who alone will personally carry
out the work (as provided in clause 38.1.4) a copy of any record kept in
accordance with clause 38.2 shall be given to that person or those persons
doing the work.
38.6 Where work has
been given out to another employer, entity or person(s) (as provided in clauses
38.1.1 to 38.1.5) any record kept in accordance with clause 38.2, including the
consolidated list, shall be available for inspection by a person duly
authorised as if it was a record permitted to be inspected and copied under
Part 7 of Chapter 5 of the New South Wales Industrial
Relations Act 1996.
38.7 If the Company
contracts with another person or persons who alone will carry out the work (as
provided in clause 38.1.4) the employer shall contract to provide and shall
provide conditions that are the same as those prescribed by this Award.
39.8 The Company
must not enter into a contract or arrangement with another employer, entity or
person(s) (hereinafter called "the second person") as provided in
clauses 38.1.2, 38.1.3 or 38.1.5 unless:
38.8.1 The
contract or arrangement contains a term which provides that any work performed
by a person other than the second person is carried out pursuant to a written
agreement between the second person and the person who will actually perform
the work; and
38.8.2 The
written agreement specifies each of the matters set out in clauses 38.2.1 to
38.2.4; and
38.8.3 The
written agreement provides for conditions that are the same as those prescribed
by this Award.
For the purpose of clause 38.8.1 a "contract or
arrangement" means a contract or arrangement for the performance of work
as provided in clauses 38.1.2, 38.1.3, or 38.1.5.
39. Leave Reserved
Leave is reserved to the Company to pursue through the
Industrial Relations Commission of New South Wales proposals as follows:
ATM Top Hatch work to be completed by one ATM Response
Operator.
One person top hatch work will be introduced on a
voluntary basis for the existing ATM employees, all new employees will be
rostered under the one person top hatch agreement. There is an undertaking from the NTM yard that a minimum of 30%
of NTM employees will make themselves available to complete one person top
hatch work.
As an interim measure current process to continue;
introduction of one person top hatch operations will be undertaken on a
determination of the Industrial Relations Commission of New South Wales.
Standard FLR Work where the safe is opened is to be
completed by two persons at least one of whom is armed. (As per Cash
Transportation (Non-Armoured Vehicles) Interim Award). Existing employees will operate under the
current conditions both operators armed
New Teams can be made up of employees employed after
11th March 2002 on the basis of one ATM Response Operator & one Guard.
Second Line Services to be completed by external tech
provider & MLA Armed Person.
1 x Armed MLA Guard
1 x 2nd Line Provider (NCR, Diebold, Alarm Tech,
Telstra) etc
*Bunker sites and Bank Branch ATM sites on signing.
**As an interim measure all other sites will remain as per
the current practice and will be varied only in accordance with a determination
of the Industrial Relations Commission of New South Wales on the sought
clarification as per the Cash Transportation (Non Armoured Vehicles) Interim
Award.
ANNEXURE 1
(Country)
ARMAGUARD
NSW ROADCREW ENTERPRISE AWARD 2002 - 2005
1. Armoured Vehicle
Crew Levels
Unless specified otherwise by the Company, Armoured Vehicles
will be staffed by two person crews.
Operating procedures will be as issued by the company.
2. After Hours ATM
Response (Standby Allowance Per Day)
(Also applicable to
Newcastle and Gosford Branches)
(a) Where work is
available and it is commercially viable to do so, the company may roster
employees on standby to perform this work, when required.
Employees subject to standby allowance must comply to
all laws and regulations associated with firearms and driving. Employees must be in a state of readiness in
event of a callout.
|
|
On
certification
|
1st
Anniversary
|
2nd
Anniversary
|
|
|
|
|
|
|
Monday to Friday 1700 - 2200 hours
|
$15.28
|
$15.89
|
$16.68
|
|
|
|
|
|
|
Saturday, Sunday, Public Holidays.
|
|
|
|
|
0800 - 2200 hours
|
$38.19
|
$39.72
|
$41.70
|
|
|
|
|
|
|
Christmas day, Good Friday,
|
|
|
|
|
Easter Sunday, 0800 - 2200 hours
|
$54.07
|
$56.23
|
$59.04
|
|
|
|
|
|
|
Site Attendance
|
|
|
|
|
(distance from branch per callout)
|
|
|
|
|
|
|
|
|
|
Up to 20Kms
|
$30.45
|
$31.65
|
$33.25
|
|
21 to 40Kms
|
$41.45
|
$43.10
|
$45.25
|
|
41 to 60Kms
|
$47.75
|
$49.65
|
$52.15
|
|
61Kms and over
|
$54.60
|
$56.80
|
$59.65
|
|
Over 71 Kms - Current Branch practice.
|
|
|
|
(b) Where an ATM
malfunction cannot be rectified by the crew and the client elects to call a
technician to the site, a guard service will normally be required. Where a guard service is provided, the
payments listed above, will cover the first hour on site. Additional time on site will be paid at the
rate of $1.68 ($1.75 1st
anniversary and $1.83 2nd anniversary) per five (5) minutes.
(c) Where
employees are rostered for normal duties during the hours specified, these
employees will, where possible, be tasked with any ATM response work.
In this situation, the response payment above will not
be paid and the standby fee above will be reduced on a pro rata basis for the
hours paid for normal rostered duty.
3. Shiftwork
Should shiftwork be required it will be implemented under
the terms of the Award, except that shiftwork loadings shall be as shown below.
|
(a)
|
Monday
to Friday
|
|
|
|
|
|
|
|
Afternoon Shift
|
12.5%
|
|
|
Night Shift
|
20.0%
|
|
|
Morning Shift
|
7.5%
|
|
|
|
|
|
(b)
|
Saturday
|
|
|
|
|
|
|
|
Between Midnight
Friday and midnight Saturday
|
25.0%
|
|
|
|
|
|
(c)
|
Sunday
|
|
|
|
|
|
|
|
Between Midnight
Saturday and Midnight Sunday
|
50.0%
|
(d) Overtime work
by shift workers will be paid as follows:
(i) First 2 hours
each day - ordinary time plus the appropriate shift loadings as per
sub-paragraphs a, b and c.
(ii) All
subsequent hours - as per d(i) plus an additional loading of 25%.
4. Rostering
(a) Changes to
runs, which result from efficiencies sought through this Award, shall be
implemented in consultation with at least the delegate and/ or co-delegate or
other nominated employee in each yard.
(b) Rostering of
employees to duties shall be a management responsibility, however, the delegate
or co-delegate shall be consulted when roster changes are required or
contemplated.
5. Appointment of New
Permanent Employees
Positions available for new permanent full-time and
part-time employees, shall be advertised internally in the Country Branch and
at the discretion of the company may also be advertised externally. Where an internal and external applicant are
of equal sanding, the internal country Branch applicant will be selected.
ANNEXURE 2
ARMAGUARD
NSW UNIFORM REGULATIONS
ARMAGUARD
NSW ROADCREW ENTERPRISE AWARD 2002 - 2005
Armaguard NSW Uniform Regulations
|
|
Winter (1 June - 31
August)
|
|
Summer (1
September - 31 May)
|
|
1
|
Issue Shirt, with Tie
|
1
|
Issue Shirt
|
|
2
|
Issue Long trousers
|
2
|
Issue Long Trousers
|
|
3
|
Issue Jumper and/or Pilot Jacket
|
3
|
Issue Trouser Belt
|
|
|
(at employee’s discretion)
|
|
|
|
4
|
Issue Trouser Belt
|
4
|
Issue Gun Belt and Clips
|
|
5
|
Issue Gun Belt and Clips
|
5
|
Issue Gun Holster and Gun
|
|
6
|
Issue Gun Holster and Gun
|
6
|
Issue Socks
|
|
7
|
Issue Socks
|
7
|
Issue Shorts and Long Socks
|
|
8
|
Black or Brown Leather Shoes
|
8
|
Black or Brown Leather Shoes
|
SHORTS
Shorts may be worn under the following conditions:
(1) Shorts will be
supplied to employees who request them, and intend to wear them regularly.
(2) Shorts may be
worn during the 'Summer Months' (September - May)
(3) With shorts,
issue long socks are to be worn pulled up at all times. Elastic bands or garters should be worn to
ensure sock remain up.
(4) Non compliance
with paragraph 3 will result in one warning.
Any further non- compliance will result in the withdrawal of shorts from
that employee. Long trousers would then
be worn for all further work.
JUMPERS/JACKETS
Issue jumpers and jackets may be worn at any time at the
discretion of employees. Jackets are to
be of the new design (hip length, front zip, non-fur collar). It is preferable that on three man crews,
both alighting crewmen dress the same with regard to jumpers/jackets.
HATS
For reasons of Occupational Health and Safety, hats will be
provided, and are to be worn by employees who are exposed to the sun for
extended periods. Hats will be provided
on request to other employees and where supplied, are to be worn at all times
during the summer months.
FOOTWEAR
Shoes are to be supplied by employees.
Shoes are to be black or brown with leather uppers and are
to be clean and polished. Sporting or
suede style shoes are not permitted.
GENERAL
Items of Armaguard issued uniforms are not to be worn or
used for any purpose not related to employment with the company. Uniforms are to be maintained and worn in a
clean, professional manner at all times.
ANNEXURE 3
(Code
of Conduct)
ARMAGUARD
NSW ROADCREW ENTERPRISE AWARD 2002 - 2005
CODE
OF CONDUCT
Policy Statement
Introduction
Armaguard NSW, a logistics service of Mayne Nickless Ltd is
committed to providing quality service and conducting its business with
efficiency, impartiality and integrity.
This commitment requires that all employees perform their duties at a
high standard and comply with both Federal and State legislation at all times
during their course of employment.
Staff should be aware that a Code of Conduct can provide
assistance for both employers and employees when they are required to decide
what are acceptable standards of behaviour.
Staff should familiarise themselves with the contents of
this Code of Conduct and should ensure they observe its provisions. They should also realise departure from the
provisions of this Code could be grounds for disciplinary action.
Conflict of Interest
When at work, staff should act in the companies and general
public interest and not in a manner designed primarily to gain unfair advantage
for themselves or other individuals, in areas such as the letting of contracts
or purchasing of goods and services.
Staff should disclose in writing to a senior officer any pecuniary or
other definite interest held by them which could lead to a potential conflict
between personal interest and official duty, e.g. outside employment.
Staff should notify a senior officer when dealing with
relatives and close friends and, wherever possible, disqualify themselves from
the dealing.
Conflict of interest between private activities and official
duties must be resolved in favour of the company.
Acceptance of Gifts or Benefits
Staff may accept token gifts of benefits, such as a box of
chocolates or flowers from a grateful fellow employee or customer. However, if the gift or benefit is intended
to influence decisions about how work is done, contracts let or goods purchased
(or if it could reasonably be perceived as such), it should not be accepted.
An offer of such a gift should be politely declined and any
unsolicited gift be promptly and publicly returned. Gifts include acceptance of subsidised or free travel or
accommodation arrangements from companies supplying goods or services. Staff in doubt as to the appropriateness of
receiving such gifts of benefits should refer the matter to Executive
Management for clarification.
Personal and Professional Behaviour
Staff should refrain from any form of conduct in relation to
other staff or public intended to cause any person offence or embarrassment.
In the performance of their duties staff:
Should not wilfully disobey or wilfully disregard any
lawful order given by any person having the authority to make or give the
order.
In cases of dispute arising from compliance or
non-compliance with an order, staff may appeal to an Executive Manager against
being required to carry out the order.
However, as far as it is possible and practical, they should comply with
the order until the appeal is heard by senior management or trade Union
representative if appropriate.
Should observe the strictest practices of honesty and
integrity, and avoid conduct which could suggest any departure. This may include a duty to bring to notice
dishonesty on the part of other staff.
Should ensure their work is carried out efficiently,
economically and effectively, and that the standard of work reflects favourably
on their organisation. Quality service
and personal appearance are an integral element of our customer service policy.
Should follow the policies of the organisation, whether
or not they approve of these policies.
Should an extreme situation arise in which a staff member finds a policy
at major variance with his or her personal views, the matter should be
discussed with an Executive Manager with a view to having the situation
resolved. If that is not possible, the
staff member should consider requesting transfer to another position in which
the conflict does not arise or, as a last resort, resigning.
Should follow the procedures and guidelines, as laid
down by the organisation for day to day operational and legal requirements.
Must not seek to influence any person in order to
obtain promotion, or other advantage.
Fairness
Staff should deal with issues or cases in a consistent,
prompt, fair and non-discriminatory manner.
Public Comment and Disclosure of Official Information
Individuals have the right to make public comment and openly
debate political and social issues not related to Company activity.
However, staff should make it clear that other than in the
course of duty or when giving evidence in court, they are not making an
official comment nor speaking as Armaguard employees representing an official
position of the company.
Contents of official documents or privileged knowledge may
only be released by staff with the authority to do so and personal opinions
should not be offered in place of facts.
Official information must not be used for personal gain, for example to
obtain rewards from a successful tenderer supplied with inside information.
Use of Official Resources
Staff should ensure that resources, funds, staff or
equipment under their control, are used effectively and economically in the
course of their duties for the purpose of Armaguard business. Official facilities and equipment include,
for example, typing facilities, photocopiers and computers.
Requests to use resources outside of core business, for
example to aid in a charitable activity, should be referred to an appropriate
senior employee.
Unless permission has been granted, staff must not use the
services of other staff or official facilities for private purposes. Where there are specific directions on the
use of official facilities for private purposes or conditions for their use,
these must be strictly complied with.
Patents
If an employee makes an invention which has an application
to his or her official duties, matters relating to patent rights must be
submitted through the State Manager.
This is a highly complex field of law, eg whether invention took place
in working time or the employee’s private time. Employees who consider they have a legitimate right to patents
would be well advised to detain independent legal advice.
Volunteer Fire Fighting and State Emergency Services
Staff wishing to join the Volunteer Fire Brigade or State
Emergency Service are required to make application. Such applications may be approved provided the State Manager is
satisfied that no undue inconvenience to the facility will result.
Any remuneration received for this work may be retained.
The Employee as a Private Employer
Where an employee acts as a private employer of others,
approval must be sought where such activities have the potential to conflict
with official duties or where it may be seen to be arising from their official
duties.
Employee Relations
It is essential to the effective management of Armaguard
& ASAP Security Services, that all employees understand their
responsibilities and accountabilities.
These responsibilities and accountabilities in regard to the Code of
Conduct are detailed in Appendix 1 - Managers/Supervisors, Appendix 2 -
Employees, Appendix 3 - Employee Representatives and Appendix 4 - Collaborative
Responsibilities respectively.
Security of Official Information
All staff are to ensure that confidential and sensitive
documents cannot be accessed by unauthorised persons. Such papers should be retained in secure storage overnight or
when otherwise attended. Managers are
responsible for seeing that premises are secure and that suitable arrangements
are in place to maintain security of confidential and sensitive documents,
including transferring these by hand when necessary.
The deliberate release of confidential documents or
information to unauthorised persons constitutes a serious offence.
Appendix 1
MANAGERS / SUPERVISORS
Managers/Supervisors are responsible for the overall control
of their operations, particularly employee relations.
To this end Managers / Supervisors should:
Establish and maintain effective working relationships.
Ensure employees have an excellent understanding and
carry out their Employee Relations responsibilities.
Maintain high standards of behaviour and performance
and take necessary steps to deal with any breaches of those standards.
Take appropriate steps to provide relevant training for
employees in the competencies expected of them.
Ensure that workplace health, safety and welfare
standards are effectively maintained.
Provide appropriate feedback as a means of enhancing
employee performance both collectively and individually.
Ensure that the provisions of the relevant Award and
Enterprise Agreements are adhered to.
React and respond to any potential areas of friction
and dispute at an early stage and inform the next level of management, as
appropriate.
Be honest and fair with other employees and treat them
with respect and dignity.
Ensure that Company operational, administrative and
security policies and procedures, are understood and followed by all employees.
Provide counselling, training and where necessary, take
disciplinary action.
Be receptive to the concept of collaboration and open
communication.
Appendix 2
EMPLOYEES
All employees, full time permanent, part-time permanent or
casuals are expected to:
Apply their best endeavours to the performance of the
duties and responsibilities they are employed to carry out.
Contribute positively to the achievement of work
objectives in their work areas.
Accept responsibility for self improvement by
participating positively in relevant training and to provide training to others
where appropriate.
Adopt work practices that promote the objective of a
safe and healthy workplace.
Adopt a co-operative team approach compatible with the
needs of the Industry / Division / Depot.
Comply with all lawful and reasonable instructions.
Undertake work which is ancillary to or peripheral to
their normal functions providing training to do the work has been undertaken.
Maintain professional, courteous and helpful standards
in dealing with customers and the public.
Take reasonable care of Company equipment and assets,
to prevent loss or damage and immediately report any loss or damage to their
supervisor or manager.
Appendix 3
EMPLOYEE REPRESENTATIVES
The employee representative or delegate is an employee
elected by his/her fellow employees to represent employees within each work
place. The delegate is an important
link in the Company communication process and is encouraged to build a
constructive working relationship with managers/supervisors in the interests of
effective employee relations.
In the performance of their duties, delegates must:
represent the view and interests of all employees they
represent.
ensure that they and fellow employees understand and
follow agreed dispute resolution procedures.
act in an honest and fair manner when dealing with
other employees, supervisors and managers, as well as treat them with respect
and dignity.
assist in ensuring that work place health, safety and
welfare standards are effectively maintained.
be responsible and mature in problem solving and
organisational issues.
understand that their appointment does not entitle them
to any special privileges or security of employment over and above other
employees.
appreciate that they are employed and paid to perform
duties within the business and the representative role is a secondary role
only.
accept that payment of wages for time spent on Union
activity, is based on criteria such as:
obtaining prior approval
duration
reason
nature of the activity is directly related to Armaguard
and it’s workforce
normal hours performed by the delegate must not be
affected by way of delay while the delegate is away from the work place on
Union business.
be receptive to the concept of collaboration and open
communication.
Appendix 4
COLLABORATIVE RESPONSIBILITIES
The achievement of effective employee relations is a joint
responsibility of management and employees.
A great deal depends on how well Manager, Supervisor, Leading Hands and
Delegates work together to ensure sound employee relations.
In particular there is a need for Managers and Supervisors
to take a positive view of their working relationship with delegates. Well trained and motivated delegates are an
invaluable resource in promoting constructive workplace relationships.
To ensure a successful relationship with delegates all
Managers and Supervisors should ensure that all delegates are:
Informed and are aware of relevant matters at all
times.
Appreciative and familiar with each other’s role.
Notified and involved in dealing with issues at an
early stage, rather than after the event.
Encouraged to play a constructive role in employee
relations by being provided sufficient scope to liaise with employees.
Conversant with the latest training, employee
relations, industry and management practices.
Conversant with overall strategies and directions of
the Company and industry as well as the need to maintain a competitive position
in the market.
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.