State
Transit Authority DIvision of the Government Service Bus Operations Enterprise
(State) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by State
Transit Authority.
(No. IRC 2070 of 2007)
Before Mr Deputy
President Grayson
|
16 November 2007
|
AWARD
PART A
SECTION 1 -
APPLICATION AND OPERATION OF AWARD
1. Title
This Award shall be known as the "State Transit Authority
Division of the Government Service Bus Operations Enterprise (State) Award
2007" ("the Award").
2. Arrangement
SECTION 1 -
APPLICATION AND OPERATION OF AWARD
Clause No. Subject Matter
1. Title
2. Arrangement
3. Definitions
and Explanations
4. Anti-Discrimination
5. Area,
Incidence and Duration
6. No Extra
Claims
7. Leave
Reserved
SECTION 2 -
EMPLOYMENT RELATIONSHIP
8. Skills
Competency
9. Full Time
Employment
10. Establishment
of Additional Part Time Work
11. Job Share
12. Casual Bus
Operator
13. Permanent
Part Time Bus Operator
14. Temporary
Bus Operator
15. Supervision
of Special Events
SECTION 3 - WAGES
AND RELATED MATTERS
16. Rates of
Pay
17. Payment of
Wages
18. Income
Protection
19. Salary
Sacrifice for Superannuation
20. Salary Arrangements
for Former Classifications
21. Career
Paths
22. Acting out
of Classification
23. Excess
Travelling Time
24. Attending
for Duty
25. Attending
Court
26. Making
Reports
27. Attending
Office
SECTION 4 - HOURS
OF WORK, BREAKS, OVERTIME AND SHIFTWORK
28. Hours of
Work
29. Saturday
and Sunday Time
30. Contingent
Arrangements for Major Incidents
31. Overtime
32. Time Off
in Lieu of Payment for Overtime
33. Working of
Voluntary Overtime
34. Cancellation
of Rostered Day Off
35. Shift
Penalties
36. Meal Breaks
SECTION 5 -
ALLOWANCES
37. Uniform
Allowance
38. Industry
Allowance
39. Articulated
Bus Allowance
40. Standby
Allowance
SECTION 6 -
ROSTERS AND RELATED MATTERS
41. Filling of
Bus Operator Vacancies
42. Service
Reliability
43. Standing
Time
44. Rosters
45. Daily
Maintenance of Rosters
46. Roster
Committees
47. Roster
Changes
48. Training
Rosters
49. New Years
Eve Rostering Arrangements
50. Exclusive
Shifts
51. Route
Networking
52. Regionally
Optimised Timetabling
53. Special
Hirings
54. Charter Work
55. Sign On
and Sign Off Times
56. Running
and Standing Times in Newcastle
SECTION 7 - LEAVE
AND PUBLIC HOLIDAYS
57. Annual
Leave
58. Long
Service Leave
59. Personal/Carer’s
Leave Entitlement
60. Personal
Sick Leave
61. Personal
Carers’ Leave
62. Bereavement
Leave
63. Leave for
Personal or Family Needs
64. Paid
Maternity Leave
65. Parental
Leave
66. Adoption
Leave
67. Career
Break
68. Public
Holidays
69. Work on a
Public Holiday
70. Concessional
Day (substitute Bank Holiday)
71. Picnic Day
72. Jury
Service Leave
SECTION 8 -
OCCUPATIONAL HEALTH AND SAFETY AND TRAINING
73. Occupational
Health and Safety Training
74. Alcohol
and Other Drugs
75. Certificate
III in Transport and Distribution
76. Driver
Skills Maintenance Program
77. Fatigue
Management
SECTION 9 -
GENERAL
78. Continuity
of Service (on transfer of business)
79. Abandonment
of Service
80. Quality
Certification
81. Absence
Management Procedures
82. Patterns
of Work and Productivity
83. New
Technology
84. Smart
Card/Integrated Ticketing
85. Centre and
Rear Door Loading for Cashless Services
86. Termination
of Employment
SECTION 10 -
INDUSTRIAL RELATIONS
87. Dispute
Settlement Procedure
88. Contestability
89. Union
Training Leave
90. Stand Down
PART B - RATES AND
ALLOWANCES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
Table 3 - Uniform Allowance
Table 4 - Sydney Meal Break, Sign On and Sign Off
Allowances
Table 5 - Newcastle Meal Break, Sign On and Sign Off
Allowances
Table 6 - Exclusive Shift Times
3. Definitions and
Explanations
3.1 Time worked
shall, for all purposes, be from signing on to signing off.
3.2 A broken shift
is one in which there is a break other than for meal break in the employee’s
work after signing on and before finally signing off and for which he/she is
not paid.
3.3 Bus Operator
shall mean an employee who ordinarily drives an Omnibus carrying paying
passengers.
3.4 Employer means
the State Transit Division of the Government Service and a reference to the
Employer shall also be taken to include a reference to the Division Head of the
State Transit Division of the Government Service.
3.5 Employee means
a full time, part time, temporary or casual employee covered by this Award of a
classification listed in Part B, Table 1 of this Award, and includes a former
classification previously abolished, but recognised for the purpose of clause
20 of this Award.
3.6 MBSC means
Metropolitan Bus Services Contract/s.
3.7 Ordinary rates
shall mean the rates, which the employee shall receive on Mondays to Fridays
exclusive of penalty payments.
3.8 Parties mean
the Employer and the RTBU.
3.9 Penalty
payments - when time worked is subject to more than one extra rate of payment,
the employer shall not be obliged to pay more than double time.
3.10 RTBU means the
Australian Rail, Tram and Bus Industry Union (Bus and Tram Division) and a
reference to "the Union shall mean the RTBU.
3.11 State Transit
means the State Transit Division of the Government Service and a reference to
State Transit shall be taken to include a reference to the Division Head of the
State Transit Division of the Government Service.
4. Anti
Discrimination
4.1 It is the
intention of the Parties to this agreement to seek to achieve the object in s
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.
4.2 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.
4.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
4.4 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 s
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.
4.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
Parties by the legislation referred to in this clause.
5. Area, Incidence
and Duration
5.1 This Award
shall be binding on the State Transit Division of the Government Service, the
Australian Rail, Tram and Bus Industry Union and all employees whose
classification is listed in Part B, Table 1 of this Award, and replaces in
their entirety, all previous Awards and Certified Agreements previously binding
on the Parties. This award rescinds and
replaces the State Transit Authority of New South Wales Bus Traffic Employees'
Award 2002.
This award replaces the following agreements:
Bus Operations State Transit Authority of NSW
Enterprise Agreement 1993;
State Transit Authority of New South Wales Bus
Operations Enterprise Agreement 1993;
Bus Operations Enterprise Agreement 1995.
State Transit Authority of New South Wales Bus
Operations Enterprise Agreement No. 4 1998;
State Transit Authority of New South Wales Bus
Operations Agreement 1999;
State Transit Authority of New South Wales Bus
Operations Enterprise Agreement 2004.
5.2 This Award
shall take effect on and from 14 November 2007 and shall remain in force until
11 June 2009.
6. No Extra Claims
During the term of this Award, neither the employer nor the
union will pursue any extra claims.
7. Leave Reserved
7.1 It is the
intention of the Parties during the life of this Award to reassign the
classifications and functions of Bus Cleaners to align with the Bus Engineering
Repair Assistant classification and competency structure. The objectives of the reassignment will
include:
(i) ensuring
comparative pay rates for employees required to exercise skills and competency
levels attained through structured training;
(ii) correcting
anomalies in individual pay rates for staff who are competent to perform
similar duties;
(iii) providing
access to affected staff to greater career path opportunities; and
(iv) ensuring that Bus
Cleaning is recognised as part of State Transit’s maintenance function.
7.2 It is not the
intention of State Transit that any employee subject to reclassification shall
be disadvantaged in rates of pay.
7.3 Leave is
reserved to the Parties to vary this Award to reflect the outcome of the
reassignment.
SECTION 2 - Employment Relationship
8. Skills Competency
The Employer may direct an employee to carry out such duties
where practical, as are within the limits of the employee’s skill, competence
and training consistent with the classification structure of this Award
provided that such duties are not designed to promote deskilling.
9. Full Time
Employment
Any employee not being a Bus Operator specifically engaged
as being a part-time or casual temporary employee is for all purposes of this
Award a full-time employee unless otherwise specified by this Award.
10. Establishment of
Additional Part Time Work
10.1 There shall be
a limit of 30% of total Bus Operators at each Depot who may be engaged on
arrangements other than full time i.e. Part-time or Casual Bus Operators.
10.2 Recruitment can
be from existing full-time, temporary or casual employees and/or external
applicants.
11. Job Share
11.1 The Parties
agree to implement arrangements, as soon as practicable following ratification
of this Award, to enable employees covered under this Award, to participate in
job share arrangements. The intention of the Parties in introducing job share
arrangements is to improve employee retention rates by providing more flexible
patterns of work, with particular emphasis on:
(a) employees
contemplating a reduction in working hours prior to retirement; and
(b) employees
needing to balance work commitments and family responsibilities.
11.2 Job share arrangements
must be agreed to by the employees’ manager, and documented in writing.
11.3 A Job Share
arrangement will lapse in the event that either one of the participants returns
to full time work, transfers to another line of work or position or exits State
Transit.
12. Casual Bus
Operator
12.1 A casual bus
operator is to be employed by the day.
12.2 A casual bus
operator working ordinary time will be paid an hourly rate calculated on the
basis of one thirty-eighth (1/38) of the weekly wages plus a casual loading of
20 per cent. The loading constitutes
part of the casual Bus Operator’s all-purpose rate.
12.3 A casual Bus
Operator will be employed for no more than 30 hours per week.
12.4 A casual Bus
Operator will be employed for no less than three hours and no greater than nine
hours per days
12.5 A casual Bus
Operator’s employment may be terminated with one hour’s notice by either the
employer or the Bus Operator.
12.6 A casual Bus
Operator who attends duty as requested, and who is told upon such attendance
that he/she is not required on that day shall be paid a minimum of three hours.
12.7 Where the
employer intends to employ a casual Bus Operator pursuant to this sub-clause,
the employer shall duly notify the Union.
13. Permanent
Part-Time Bus Operator
13.1 A permanent
Part-time Bus Operator is a Bus Operator who:
(i) Works less
than full-time hours of 38 per week; and
(ii) Has
reasonably predicted hours of work; and
(iii) Receives on a
pro rata basis, the equivalent pay and conditions of full-time employees of the
same classification.
13.2 The Parties
agree that Part-Time employees can be utilised to perform work in excess of
their daily agreed hours if full time Bus Operators at the Depot are
unavailable to undertake the work required to be performed to maintain service
delivery on the day.
13.3 It is agreed
that new employees offered part time Bus Operator positions will not be offered
or rostered for two shifts on any day.
13.4 For the
purposes of this clause a shift will mean a single engagement on any day of the
week excluding Sundays. There shall be
at least ten hours break between the finishing of a shift and the commencement
of another shift.
13.5 At the time of
engagement the employer and the regular part time Bus Operator will agree in
writing, on a regular pattern of work, specifying at least the hours worked
each day, which days of the week the Bus Operator will work and the actual
starting and finishing time each day.
13.6 Any agreed
variation to the regular pattern of work will be recorded in writing. Contract
hours cannot be changed without the agreement of the employee concerned, except
where new rosters are built to accommodate School Vacation times, Service
Reviews etc. When this occurs actual start and finish times of each shift and
total hours of work for a day may be varied by up to 60 minutes at the
discretion of the Employer. Where
practicable the employee is to be allocated shifts, which have hours of work as
near as possible to the employee’s current contract of employment.
13.7 The employer is
required to roster a regular part-time Bus Operator for a minimum of three
consecutive hours on any shift.
13.8 A Bus Operator
who does not meet the definition of a part-time or temporary Bus Operator and
who is not a full-time Bus Operator will be paid as a casual Bus Operator in
accordance with clause 12.
13.9 All time worked
in excess of the hours as mutually arranged will be overtime and paid for at
the rate prescribed in this Award.
13.10 A part-time Bus
Operator who attends and/or commences work and is subsequently informed that
he/she is not required shall be paid for a minimum of three hours pay or 7/9ths
of a day, whichever is the greatest.
13.11 Where the employer
intends to reallocate or designate particular work to regular part-time
employment the employer shall give the employee a month’s notice.
13.12 Four weeks
notice is to be given to local union representative, where it is the intention
of the Manager to re-allocate or designate particular bus driving duties to
permanent part-time Bus Operators.
During that time issues of concern related to the intention to
re-allocate or designate work as part-time will be dealt with locally or at
Branch Divisional level.
13.13 Part-time lines
of work will be built to a maximum of 146 hours work per four weekly line of
rostered work. Any lines of work
identified above this will be converted to full-time lines of work.
14. Temporary Bus
Operator
14.1 A temporary Bus
Operator is a Bus Operator, not being a full-time, regular part-time or casual
Bus Operator, who is employed for a project with a set period of time or to
replace employees who are absent for a period of greater than one month.
14.2 The ordinary
hours of a full-time temporary Bus Operator shall be the same as for a
full-time permanent Bus Operator.
14.3 The ordinary
hours for a part-time temporary Bus Operator shall not be less than three hours
a day and may not exceed 38 hours per week.
14.4 A temporary
full-time Bus Operator who attends for duty in accordance with instructions and
is not required shall receive a minimum of five hours’ pay unless at least
twelve hours’ notice was given to them personally that they were not required
for duty.
14.5 A temporary
full-time Bus Operator who commences duty and is subsequently told that they
are not required shall receive a minimum of seven hours’ pay.
14.6 A temporary
full-time Bus Operator who is rostered for a broken shift and reports in
accordance with the roster or is instructed to report for either portion of the
broken shift and does so report, shall be paid a minimum of three and a half
hours for either portion of the shift or the period for which rostered,
whichever be the greater provided that he/she shall be entitled to a minimum
payment of seven hours for the whole of the shift.
14.7 A temporary
part-time Bus Operator who attends for duty in accordance with instructions and
is not required to perform duty on that day shall receive a minimum of three
hours’ pay or 5/9ths of the total shift, whichever is the greater.
14.8 Where the
employer intends to employ a temporary Bus Operator the employer shall duly
notify the Union.
15. Supervision of
Special Events
Bus Operators Level 2 and above and Bus Operator Trainees
Level 2, with a minimum of 12 months experience in-service, may be required to
undertake supervision and starting functions as contained in their relevant
position descriptions.
SECTION 3 - Wages and Related Matters
16. Rates of Pay
16.1 Wage rates at
Part B - Table 1 Weekly Wage Rates (Table 1) - for classifications listed in
Table 1, incorporate the following wage increases:
(i) 4% from 12
June 2007 for all classifications listed in Table 1.
(ii) 4% from 12 June
2008 for all classifications listed in Table 1.
17. Payment of Wages
17.1 Wages shall be
paid fortnightly.
17.2 State Transit
provides automatic payroll deductions from wages and transfers those monies to
a range of financial institutions, health funds and insurers upon written
authorisation from employees.
17.3 This service is
provided free of cost to the employee and State Transit agrees to continue to
provide this service for the duration of this Award.
18. Income Protection
18.1 There will be
no roster changes made solely for the purpose of reducing the take home pay of
employees covered by this Award.
18.2 No shift
changes will result in a loss of take home pay of more than two percent over a
twelve month period (based on a financial year), below the average pay of each
shift type, e.g.: AM, Day, Midday, Broken and PM shifts, except for part time
rosters. For the avoidance of doubt,
shift changes shall include both major and minor shift changes.
18.3 Subclause 18.2
will not apply for school vacation, university vacation, university exam period
or changes required due to variations in road conditions by relevant
authorities or where it is necessary to introduce short term temporary
timetables - for example closure of rail line, office vacation etc.
18.4 To ensure
compliance with the provisions of this clause, at the commencement of each
financial year, State Transit will provide the RTBU with a summary (the Annual
Summary) of all rosters for employees covered under this Award, for all locations.
18.5 The Annual
Summary will then be used as a baseline for the purpose of calculating the
total impact on average take home pay of any shift changes which occur in the
following twelve month period to 30 June.
19. Salary Sacrifice
for Superannuation
19.1 Notwithstanding
the wages prescribed in this Award an employee, other than a temporary or
casual, may elect, subject to the agreement of State Transit, to sacrifice a
portion of the base wage payable under this Award to additional employer Superannuation
contributions. Such election must be
made prior to the commencement of the period of service to which the earnings
relate. In this clause, "superable
salary" means the employee’s wage as notified from time to time to the New
South Wales public sector superannuation trustee corporations.
19.2 Where an
employee has elected to sacrifice a portion of that payable wage to additional
employer superannuation contributions:
(i) Subject to Australian
Taxation law, the sacrificed portion of wage will reduce the wage subject to
appropriate Pay As You Go (PAYG) taxation deductions by the amount of that
sacrificed portion; and
(ii) Any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under the Award or any applicable
Award, Act or statute which is expressed to be determined by reference to an
employee’s wage, shall be calculated by reference to the wage which would have
applied to the employee under this Award in the absence of any salary sacrifice
to superannuation made under this Award.
19.3 The employee
may elect to have the portion of payable wage, which is sacrificed to
additional employer superannuation contributions:
(i) Paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(ii) Subject to
the State Transit’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
19.4 Where an
employee elects to salary sacrifice in terms of sub-clause 19.3, State Transit
will pay the sacrificed amount into the relevant superannuation fund.
19.5 Where the
employee is a member of a superannuation scheme established under:
(i) the Superannuation
Act 1916;
(ii) the State
Authorities Superannuation Act 1987;
(iii) the State
Authorities Non-contributory Superannuation Act 1987; or
(iv) the First
State Superannuation Act 1992.
19.6 State Transit
will ensure that the amount of any additional employer superannuation
contributions specified in sub-clause 19.3 is included in the employee’s
superable salary, which is notified to the New South Wales public sector
superannuation trustee corporations.
19.7 Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with State Transit to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in sub-clause 19.5, State Transit will
continue to base contributions to that fund on the base wage payable under this
Award to the same extent as applied before the employee sacrificed portion of
that salary to superannuation. This
clause applies even though the superannuation contributions made by State
Transit may be in excess of superannuation guarantee requirements after the salary
sacrifice is implemented.
20. Salary
Arrangements for Former Classifications
20.1 This clause
deals with salary maintenance arrangements for the following employee
classifications, which have been abolished:
(i) Customer
Service Co-ordinator Level 1 (CSC 1);
(ii) Conductor;
(iii) Airport
Co-ordinator;
(iv) Customer
Service Liaison (Kiosk)
20.2 The Employee
classifications listed in 20.1 above will be paid in accordance with the weekly
wage rates listed in Part B, Table 1 of this Award, until such time as they
take up a position with a higher base rate of pay or choose to voluntarily
regress to a lower graded position.
20.3 The former
classifications of Airport Bus Operator and Peer Support Officer, will continue
to be paid the Senior Bus Operator rate of pay, in accordance with the weekly
wage rates listed in Part B, Table 1 of this Award, until such time as they
take up a position with a higher base rate of pay or choose to voluntarily
regress to a lower graded position.
21. Career Paths
21.1 Where an
employee covered under this Award takes up an Apprenticeship or Traineeship
within State Transit, the employee will maintain their current rate of pay
under this Award, until the pay rate in the new position has exceeded the
afore-mentioned rate.
21.2 Employees who
take an Apprenticeship or Traineeship and are subject to sub-clause 21.1 herein
are to take the conditions of the relevant Award for the work performed.
21.3 State Transit
will provide guidance to employees covered by this Award:
(i) in the
preparation of resumes, job applications and the interview process; and
(ii) regarding
career opportunities and professional development.
22. Acting Out of
Classification
22.1 An employee
engaged temporarily in a higher grade shall be paid the rate to which they would
be entitled if they were appointed to that grade.
22.2 The conditions
applying to the classification in which an employee acts shall be their
conditions whilst so acting.
22.3 An employee who
acts in a higher-grade position for a continuous period of 124 working days
shall be paid at the higher rate for any period of annual leave falling within
the same twelve-month period.
23. Excess Travelling
Time
23.1 Employees
covered under this Award when required to sign on or off at a place other than
their home depot which is at a greater distance from their home than their home
depot, shall be allowed payment at the appropriate rate for the day for the
excess travelling time. A total of 25
minutes each day for a straight shift and 40 minutes on a broken shift, will be
allowed to cover time occupied in waiting for schedule connections.
23.2 Employees
required to sign on or off more than once
23.3 Appropriate
rate, for the purpose of this clause, means the rate paid for the
classification in which the employee is employed for the day.
24. Attending for
Duty
24.1 Commences duty
means an employee has attended for duty as instructed, collected their journal
and signed on at the PMR in accordance with the rostered commencement time.
24.2 An employee who
attends for duty in accordance with instructions and is not required, shall
receive a minimum of five hours pay unless at least twelve hours notice was
given to the employee personally that they were not required for duty.
24.3 An employee who
commences duty and is subsequently told that he/she is not required shall
receive a minimum of seven hours pay.
24.4 An employee who
is rostered for a broken shift and reports in accordance with the roster or is
instructed to report for either portion of the broken shift and does so report,
shall be paid a minimum of three and a half hours for either portion of the
shift or the period for which rostered, whichever be the lesser, provided the
employee shall be entitled to a minimum payment of seven hours for the whole of
the shift.
24.5 A casual
employee who attends for duty as requested, and is informed upon reporting for
duty that they are not required, shall receive a minimum of three hours pay.
24.6 A part-time
employee who attends for duty in accordance with instructions and is not
required shall receive a minimum of three hours pay or 5/9ths of the daily
payment, whichever is the greater.
Where a part-time employee commences duty and is subsequently advised
that they are not required, shall receive a minimum of three hours pay or
7/9ths of the daily payment, whichever is the greater.
24.7 A temporary
part time employee who attends for duty in accordance with instructions and is
not required shall receive a minimum of three hours pay or 5/9ths of the shift,
whichever is the greater. Where a temporary part time employee commences duty
in accordance with instructions and is not required they shall receive a
minimum of three hours pay or 5/9ths of the total shift, whichever is the
greater.
25. Attending Court
25.1 An employee who
has been notified to attend any court, as a witness for, or at the request of
the employer or at the Coroner’s Court in his/her official capacity in respect
of the death of a person resulting from an accident involving an authority bus
or other authority vehicle shall be treated in respect of payment for time
occupied as follows:
(i) Unless the
employee has previously started work for the day, they are to be treated, for
the purpose of payment, as signing on at the time the employee reports as
directed at the court or such other place as they may be instructed.
(ii) All time
occupied from signing on until signing off at the employee’s depot or being
discharged by the officer in charge of the case (after contacting their
controlling officer) is to be treated for the purpose of payment as time worked
and is to be paid for at the appropriate rate for the day.
(iii) When the
employee would have been employed in a higher grade, but for attending court,
the employee is to be paid for under (i) at the rate for such higher grade to
the extent of the higher grade work lost on the day, during the period for
which they are paid under (ii).
(iv) Where the
employee commences and/or finishes on the day at other than their home depot,
they are to be allowed any excess travelling time at single rate and allowed
payment for such time at the higher grade rate if applicable.
(v) Where
employees who are no longer required at court are directed to resume duty at
their depot, they are to be signed off not later than nine hours after the time
of reporting to the court, or such other place as they may be instructed.
(vi) Where the
employee is required to return to the court after the meal recess, a meal break
up to a maximum of 50 minutes is to be deducted and a meal allowance in
accordance with the current rates prescribed by NSW Premier’s Department.
26. Making Reports
26.1 An employee
shall be allowed fifteen minutes at ordinary rates for making an accident
report in their own time.
26.2 15 minutes shall
be allowed for the completion of an accident report when the report is
completed in the employer’s time.
26.3 An employee
shall be allowed five minutes at ordinary rates for each report made in their
own time concerning any other matter except those of a disciplinary nature or
those arising from neglect or fault of the employee. At the discretion of the
controlling officer, this allowance may be extended to 15 minutes.
27. Attending Office
27.1 An employee who
is instructed to attend elsewhere to answer complaints, furnish reports, supply
statements or affidavits or to submit to medical examination or eyesight or
hearing tests (except in the case of an employee on leave on account of ill
health or injury) shall be paid for the time occupied at ordinary rates.
27.2 The provisions
of this sub-clause do not apply to an employee attending to answer charges or
reports of their own misconduct from which they are not subsequently exonerated
or to tender an explanation of failure to attend for duty.
27.3 Where the
employee attends and the distance travelled exceeds the distance from the
employee’s place of residence to the depot or usual place of employment,
travelling time at ordinary rates for the excess distance shall also be paid
where the time is not otherwise paid for.
SECTION 4- Hours of Work, Breaks, Overtime and Shiftwork
28. Hours of Work
28.1 Subject to the
provisions of this clause, a Full Time Employee shall be entitled to a minimum
payment of 38 hours per week exclusive of penalty allowances.
28.2 Where through
absence from duty on any day or part thereof, time short of the standard hours
of employment per week is worked, payment shall be reduced by the amount of
lost time only.
28.3 Employees on a
Six Day Roster
28.3.1 The provisions
of this sub-clause apply to all full-time employees covered under this Award,
except those covered under subclause 28.4.
28.3.2 Except as
provided in 28.3.3, the ordinary hours of duty of each weekly period, excluding
Sunday, shall be 38 hours divided into not more than five shifts.
28.3.3 Ordinary hours
of duty may be worked to provide for 152 hours work in a four week cycle,
excluding Sunday. This enables employees to have one day off duty during that
cycle by accruing additional working time on other working days. Such hours to be arranged within shift
limits specified in 28.5 Payment in these circumstances to be made on an
averaging basis of 76 ordinary hours a fortnight.
28.4 The provisions
of this sub-clause apply to the classifications of Bus Cleaner, Sign-on Clerk
and Conductor.
28.4.1 Except as
provided in 28.4.2, the ordinary hours of duty of each weekly period, including
Sunday, shall be 38 hours divided into not more than five shifts.
28.4.2 Ordinary hours of
duty may be worked to provide for 152 hours work in a four week cycle. This enables employees to have one day off
duty during that cycle by accruing additional working time on other working
days. Such hours to be arranged within
shift limits specified in 28.5 Payment in these circumstances to be made on an
averaging basis of 76 ordinary hours a fortnight.
28.5 Length of shift
The ordinary hours of duty on any shift shall be no
greater than nine hours and no less than seven.
28.6 Length of shift
- broken shifts
On any broken shift portion the ordinary hours of duty
shall be no greater than five.
28.7 The maximum
spread of hours on any broken shift shall be 12.
28.8 Interval
between shifts
No employee shall be called upon to begin a new shift without
having been off duty for at least 10 consecutive hours, and no deduction of pay
is to be made for ordinary time off duty occurring during this absence.
28.9 Hours of work
before and after meal break - Straight and Broken shifts
28.9.1 Straight shifts
- Where practicable a minimum of three hours shall be performed on either
portion before or after meal relief.
28.9.2 Broken shifts -
Where practicable a minimum of three hours shall be performed on either portion
of such shifts with no break without pay in a day’s duty to be less than two
hours.
28.10 Make up time
28.10.1 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 work those
hours at a later time, during the spread of ordinary hours provided under this
Award.
28.10.2 An
employee on shift work 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, at the shift work rate which would have been
applicable to the hours taken off.
29. Saturday and
Sunday Time
29.1 Ordinary time
worked on Saturdays shall be paid for at the rate of time and a half.
29.2 Ordinary time worked
on Sundays shall be paid for at the rate of double time.
29.3 Notwithstanding
anything provided for elsewhere in this Award, the employer shall not be
required to pay more than double time in respect of any work performed between
midnight on Saturday and midnight on Sunday.
30. Contingent
Arrangements for Major Incidents Affecting Services
30.1 Major Incident
means an incident causing major disruptions to transport networks requiring
multiple agency response including, for example:
(a) Natural disasters
(b) Bush fire
emergencies
(c) Major rail and
road disruption
(d) Civil
disturbances
30.2 In the event of
a Major Incident Bus Operators may be required to perform a scheduled run late
or be work altered by a supervisor where such alteration is likely to extend
the sign off time by up to 30 minutes.
Provided that, such alterations shall not be made contrary to the
Fatigue Management provisions of this Award.
31. Overtime
31.1 Subject to
sub-clause 31.2 an employer may require an employee to work reasonable overtime
at overtime rates.
31.2 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable having regard
to:
(i) any risk to
employee health and safety;
(ii) the
employee's personal circumstances including any family responsibilities;
(iii) the needs of
the workplace or enterprise; and
(iv) any other
relevant matter.
31.3 All time
worked:
(i) in excess of eight
hours fifteen minutes in any shift or in excess of 38 hours in any week; or
(ii) time worked
in excess of 40 hours in any week when five shifts are worked; or
(iii) in excess of
31 hours in any week when four shifts are worked, when such hours are worked on
the basis of 152 hours/nineteen shifts in a four week work cycle, shall stand
alone and be paid for at the rate of time and a half for the first three hours
and double time thereafter. Payment for
overtime shall be calculated upon whatever alternative gives the greater
amount.
31.4 An employee
called upon to work overtime beyond the normal rostered shift after 11.30 pm
and before 5.30 am shall, upon request, be provided by the employer with
transport to or from the employee’s place of residence.
32. Time Off in Lieu
of Payment for Overtime
32.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer.
32.2 Alternatively,
by agreement with the employer, the employee may elect to be paid at ordinary
rates for the time worked and take time off at the rate of one half hour or one
hour for each hour of overtime worked as the case may be.
32.3 The employer
shall, if requested by an employee, provide payment at the rate provided for
the payment of overtime as prescribed in 31.3 for any overtime worked under
this sub-clause where such time has not been taken within four weeks of
accrual.
32.4 The employer
shall record time off in lieu arrangements for each time this provision is
used.
33. Working of
Voluntary Overtime
33.1 Subject to any
statutory or regulatory limits on driving hours and clause 77 a Bus Operator
may work voluntary overtime.
33.2 Where voluntary
overtime is worked on a Sunday and the shift is less than seven hours, the
voluntary overtime will not attract shift build up time.
33.3 State Transit
will establish a record book at each depot, in the CSC Office for all permanent
staff wishing to do additional duties/Voluntary Overtime on the day.
33.4 Should
additional work be allocated, it is to be allocated to full-time staff in the
first instance. If no full-time
Employee is available, part-time employees may be allocated the additional
duties.
34. Cancellation of
Rostered Day Off
34.1 Subject to
sub-clause 31.2, the employer may require an employee to work reasonable
overtime on a rostered day off.
34.2 Wherever
practicable at least twelve hours notice of cancellation of a rostered day off
shall be given but, in order to meet unexpected emergencies or unforeseen
circumstances, the employer may call upon employees to work without such
notice.
34.3 Provided that
48 hours notice is given by the employer of the cancellation of a rostered day
off, another day off may be given in the same working week. Should an employee not receive 48 hours
notice of the restoration of the day off cancelled, they shall be paid at the
rate prescribed in 34.4.
34.4 When an
employee works on their rostered day off and is not given another day off in
lieu thereof in the same week, time worked shall stand alone and be paid for at
the rate of double time if a Saturday or at the rate of time and a half for the
first three hours and double time thereafter if any other day Monday to Friday.
34.5 Upon an
employee becoming aware that they are required to work on their rostered day
off, the employee may apply for leave of absence on such day as if it were an
ordinary working day, and if such leave be approved by the employer, 34.1 shall
not apply.
34.6 An employee who
works on their rostered day off but is absent upon any other day in the same
week without leave or without a reason for such absence accepted by the
employer as reasonable shall forfeit all penalty rates prescribed in this
clause for working on a rostered day off.
34.7 Where at least
five days notice is given of an alteration to rostered duty by which a rostered
day off is changed the penalty prescribed in 34.4 will not apply.
35. Shift Penalties
35.1 All time worked
on a broken shift on Mondays to Fridays after a spread of 9.5 hours shall be
paid at the following rates:
Between a spread of 9.5 and 10.5 hours
|
time and a half;
|
After 10.5 hours
|
double time.
|
35.2 All time worked
on a broken shift on Saturdays and public holidays shall be paid at the rate of
double time.
35.3 For all time on
duty between the hours of 5.00 pm and 7.00 am (other than on Saturdays, Sundays
and public holidays) employees, except those employed on broken shifts, shall
be paid 15% more than their ordinary rates. Provided that subject to the
exceptions specified above any shift which finishes at or after 8.00 pm shall
be paid 15% more than ordinary rates for the whole of such shift. Calculations shall be made to the nearest
quarter of an hour.
35.4 Employees
required to perform duties in excess of their rostered work shall be paid at
the rate of time and a half for such excess duties. Where an employee has completed the return loading from special
and sports traffic and is required to operate a trip to another terminus before
returning to the employee’s home depot, such trip shall not be subject to the
penalty rate prescribed in this sub-clause unless the employee is required to
perform additional duty after the time at which the employee would arrive at
their depot from the other terminus.
35.5 Rostered work
for the purpose of this sub-clause means work shown on the roster at least 48
hours prior to the employee attending to commence duty.
36. Meal Breaks
36.1 Employees shall
not be rostered to work for more than five hours without an unpaid meal break
or crib.
36.2 A minimum of 40
minutes and a maximum of 50 minutes shall be allowed for an unpaid meal break.
36.3 Meal breaks shall
be given where practicable in the order in which employees take up duty on the
a.m. shifts and in the order in which they finish duty on the p.m. shifts.
36.4 Where the
distance from the place of relief for meals to the employee’s depot or meal
room provided by the employer exceeds 90 metres, the employee’s meal break
shall be extended to cover the travelling time involved and the employee shall
be paid for the actual time occupied in travelling from and to the relief
point.
36.5 Meal breaks
shall be provided at a time when an employee has access to meal facilities.
36.6 Employees
working broken shifts shall not be provided with time for a meal break.
36.7 A crib shall be
taken in the employer’s time and the minimum time to be rostered for a crib shall
be 20 minutes.
36.8 Any shift which
commences before midnight and finishes after 2.30 a.m. shall be provided with a
thirty minute crib.
SECTION 5 - Allowances
37. Uniform Allowance
37.1 All Bus
Operator employees are required to wear the current approved State Transit bus
operation uniform at all times whilst on duty.
37.2 All Bus
Operator employees, including new employees, shall receive an initial issue of
bus operation uniform at State Transit cost, as set out in Table 3, Part B, of
this Award.
37.3 Subsequent to
the initial issue, Bus Operator employees will receive a uniform allowance,
which is paid annually into the employees’ account on the anniversary of the
initial issue, for the procurement of State Transit bus operation uniform from
approved supplier(s).
37.4 Following
implementation of the new uniform employees will have the option to receive
half of the annual uniform allowance within six months of the issue of the new
uniform and the second half of the allowance six months later.
38. Industry
Allowance
38.1 Employees,
other than Casual Employees, covered by this Award, shall be paid an Industry
Allowance as set out in Part B, Item 1 of Table 2, of this Award, for
compliance with the Disputes Settlement Procedure at clause 87 of this Award.
38.2 In accordance
with the terms of the 1981 unregistered industrial agreement between the then
Urban Transit Authority (a predecessor corporation to the Employer), the then Australian
Tramways, Motor Omnibus Association (now the RTBU) and the then NSW Labour
Council (now Unions NSW), the Employer reserves the right to review the payment
of the Industry Allowance where the Disputes Settlement Procedure is not
adhered to.
38.3 Permanent and
temporary Part-Time Employees covered by this Award, shall be paid the Industry
Allowance on a pro rata basis, based on the proportion of full-time hours
worked.
38.4 The Industry
Allowance is paid for all purposes.
39. Articulated Bus
Allowance
39.1 An employee who
operates an articulated bus, shall be paid an additional amount per shift, as
set out in Part B, Item 2 of Table 2, of this Award.
39.2 An employee who
operates an articulated bus on 124 or more shifts in a twelve month period immediately
prior to clearing paid leave, shall be paid the allowance set out in Part B,
Item 2 of Table 2, of this Award, for the period of the paid leave.
40. Standby Allowance
40.1 A Standby
Allowance of the amount set out in Part B, Item 3 of Table 2, of this Award,
will be payable to Employees who are placed on Standby, provided:
(i) Employees
placed on Standby are to remain contactable and ready to attend for duty on
short notice; and
(ii) the Allowance
will not be payable where the Employee:
(a) is not able to
be contacted by the Employer; or
(b) is not
available for duty; or
(c) actually
attends for duty.
40.2 A ratio of 2
Standby shifts per 100 shifts will be provided on Mondays to Fridays and for
Saturdays and Sundays one Employee only will be placed on Standby.
40.3 In the event
that an Employee on Standby is required to attend for duty a full shift
coverage will be treated as a Day Off Cancelled and where a period of 5 hours
or less is worked the period will be treated as Voluntary Overtime.
SECTION 6 - Rosters and Related Matters
41. Filling of Bus
Operator Vacancies
The Parties agree that when vacancies occur on the Bus
Operator rosters they are to be advertised and filled at each depot in accordance
with the Transport Administration (Staff) Regulation 2005 (NSW).
42. Service
Reliability
42.1 Both Parties
are committed to provide commuters with reliable bus services, which operate on
time, and meet State Transit’s contractual obligations with the Ministry of
Transport. Management and the RTBU
Delegate will continue to monitor early and late running time.
42.2 If particular
trips regularly run late or early three times in any one week, Monday to
Friday, or three consecutive Saturdays or Sundays, Schedulers will review and
make the necessary adjustments.
42.3 If any one
shift regularly exceeds its scheduled rostered time three times in any one
week, Monday to Friday, or three consecutive Saturdays or Sundays, the shift
will be adjusted to ensure it operates on time.
42.4 If more than 20
per cent of trips for a particular route arrive at the terminus more than five
minutes late during a particular time of day, such instances are to be
addressed in accordance with sub-clauses 42.2 and 42.3 herein.
42.5 Where it has
been established that timetabled operating times are inappropriate, management
will immediately take steps to address the problem. If it is identified that a service review is required, the review
will commence within one month.
42.6 Where there are
unresolved differences they are to be addressed through the Disputes Settlement
Procedures and if still unresolved the circumstances be referred to the NSW
Industrial Relations Commission for conciliation and or arbitration.
43. Standing Time for
Sydney
43.1 Both Parties
acknowledge that Sydney Bus Operators drive in the busiest and most congested
city in the country. Therefore, this
clause will only apply to Sydney Bus Operators covered by this Award.
43.2 Standing time
is not granted for a service trip preceding a meal or sign off including where
special running is required to a location to commence such a meal break or
effect such sign off.
43.3 Non-Critical
Peak Periods
43.3.1 A minimum of eight
minutes rest time is to be taken on all major city based trunk routes and
strategic cross regional routes.
43.3.2 Non-critical
peak periods are all times outside the intent of clause 43.4 and Saturdays and
Sundays.
43.4 Critical Peak
Period Times - Monday To Friday
A minimum of six minutes rest time is to be taken on
all major city based trunk routes and strategic cross regional routes. These critical peak periods are for
approximately one hour and are based on timetable commitments for each depot as
identified by the local manager and RTBU delegate.
43.5 Late Running
43.5.1 Where late
running occurs the rest time is to be reduced to allow bus services to run on
time. Where it is not possible for the
full rest period to be taken at one terminal it will be transferred to a later
terminal. Regular late running that
impacts on rest time will be addressed under clauses 42.2 and 42.3 of this
Award.
43.5.2 To ensure this
Award does not impact on peak bus requirements, standing time may be
transferred to another terminal, providing all standing time is cleared before
the end of each shift portion.
43.6 Unaffected
Routes
The Depot Manager and the local RTBU delegate are to
identify routes and times that are to be excluded from the above criteria.
44. Rosters
44.1 All timetabled
in service duty to be performed by Employees covered under this Award shall be
rostered.
44.2 Employees shall
be rostered off on two clear days in each rostered week.
44.3 Employees shall
sign off at the depots at which they signed on, except where an Employee and
the Employer agree to other arrangements.
44.4 Employees may
exchange shifts by mutual arrangement between themselves and subject to
approval of the employer.
44.5 Period rosters shall
be posted four days before coming into operation and shall be complete, except
as provided in 44.8 and 44.18.
44.6 Rosters for
special fixtures or special events, such as the Royal Easter Show, Race
Meetings and Public Holidays shall be posted at the Depot/s at least six days
prior to the fixture or the event.
44.7 For the
purposes of this sub-clause, a special fixture or event means that the date/s
of that special fixture or event are known more than six days in advance.
44.8 Where duty
rosters for new services, or new timetables or alterations to existing rosters
and/or timetables which necessitate roster adjustments of greater than 12.5% of
the duty roster schedules are required, the adjusted duty roster shall be
posted at the Depot/s at least 14 days in advance of the introduction of the
adjustments.
44.9 Where, because
of an emergency, the employer cannot post the duty roster within the required
14 days it shall notify the employees and the Union.
44.10 This sub-clause
shall not apply to school specials or charter hiring.
44.11 No alteration
shall be made to the work of any employee covered under this Award, except in
cases of sickness, accident, failure to attend for duty, or suspension from
duty of an employee, attendance of an employee at Court or Coronial inquiry or
leave for employees at short notice, unless the employee is notified of such
alteration prior to attending duty on the shift preceding the one altered. However, if an employee has two days off
together, they may be advised of any alteration of their work on the first of
their days off.
44.12 The provisions
of this clause shall not apply in circumstances which could not be anticipated,
such as the postponement of a sporting fixture to a date within three days of
the original fixture, cancellation of sporting fixtures, hiring or specials,
alterations of commencing and finishing times of race meetings.
44.13 No employee
shall be called upon to work a broken shift on a Sunday. Employees may be called upon to work a
broken shift on a Saturday or public holiday for the provision of services for
sporting events.
44.14 In the event of
an employee applying for leave on a public holiday and such leave is granted,
the employee shall not be required to work on that public holiday.
44.15 Employees
covered under this Award are required to provide at least one hour’s notice of
non-attendance for work.
44.16 Employees, other
than those on probation, will in the first instance not be subject to formal
discipline for being late on duty. Management will encourage employees to
commence late with advice rather than not attending for duty.
44.17 Employees
arriving late for duty shall be allowed, where practical to do so, the
opportunity to take up their rostered shift with the time actually lost to be
deducted from the day’s rostered hours.
Where it is not practical to do so and the late employee is provided
with another shift, they shall be deducted only for the actual time lost.
44.18 Except for
emergency spare shifts and special fixtures, the rostered work of all employees
shall show the commencing, finishing and meal break times on all shifts. However, the approximate finishing times
shall be shown in respect of special fixtures.
45. Daily Maintenance
of Rosters
45.1 All timetabled work
is to be rostered: All known work associated with passenger timetables,
including the driving portions of exclusive shifts, is to be rostered. Where work is not associated with passenger
timetables the coverage of such shifts/work will be at the discretion of local
management except for the following:
45.1.1 Union and
Institute Secretary Shift:
(a) bus driving
portion of shift is to be covered.
45.1.2 Where it is
known in advance the union/institute shift will be vacant, the total shift is
to be covered. Where it is not known in
advance the union, institute and part shed (non parking) portions on the first
day may not be covered with subsequent days to be covered.
45.1.3 Shed Drivers:
(a) all full
shifts are to be covered
46. Roster Committees
46.1 These roster
committees are to be utilised by Depot Managers during timetable reviews.
46.2 A timetable
review will for the purpose of this clause be defined as one where there are
more than 12.5% change of total time tabled service trips at a depot over a
seven-day week. The definition of a
timetable review excludes changes arising from rail and ferry operations,
school vacation timetables and public holiday timetables. In the event that State Transit needs to
adjust timetables due to changes arising from rail and ferry operations, school
vacation timetables and public holiday timetables, consultations with the RTBU
will occur as soon as information is presented.
46.3 Each Roster
Committee is to be made up of a maximum of six elected representative Bus
Operators from within the depot or as otherwise agreed at the location
46.4 Before week
one, as defined in 47.4(i) below, Roster Committees are to gather information
about bus routes that may have
(a) insufficient
operating time allocated;
(b) too much
operating time allocated;
(c) too many or
too few buses to meet the patronage demand;
or
gather other information that would assist in ensuring
the commercial operation of the route; and to ascertain problems with individual
shifts or where inter-modal connections are not being met.
46.5 Following the
process outlined in 46.4 above, local management and the Roster Committee will
meet to discuss the information gathered and take further action if necessary.
46.6 Individual
roster committee members are to be relieved from their normal duties during
timetable reviews to assist management.
47. Roster Changes
47.1 In order to
meet changing customer, operational and commercial requirements it is necessary
from time to time to alter rosters to cater for the changed circumstances.
47.2 Subject to
Clause 18, it is accepted by the Parties that, in constructing a roster, the
cost of that roster is not to be artificially inflated and the roster shall be
constructed to achieve the most economical and effective rostering within the
Award prescriptions and MOT requirements and any relevant Act or Regulation.
47.3 Where a roster
has been changed in accordance with the preceding subclause and the changes
impact upon the start and finish times of less than 12.5% of the roster, the
employees affected are to be notified of the change, as soon as practicable, in
the form of a notice to be displayed on the notice board.
47.4 In the event of
the changes impacting upon the start and finish times being more than 12.5% of
the roster, (excluding school vacation rosters) the following procedures are to
apply:
(i) In week 1 -
New duty and period roster is posted.
During this week individual roster committee members will be released
for one shift to assist management in addressing roster concerns.
(ii) In week 2 -
Scheduler to modify roster on the basis of concerns raised, providing such
alterations do not impact on the overall operational efficiency and costs of
the rosters.
(iii) In week 3 -
Rosters reposted and to commence in two weeks (i.e. Week 5 from the date the
new duty and period roster were posted).
47.5 Rosters will be
worked where they comply with this Award and MOT requirements and any relevant
Act or Regulation and where the above consultative implementation process has
been complied with.
48. Training Rosters
48.1 Training Roster
means an introductory roster designed for new Bus Operators which includes a variety
of shifts arranged in a regular pattern designed to introduce new Bus Operators
to shift work and particular routes while minimizing the variance in daily
hours of work.
48.2 Training
Rosters will be introduced permanently across all locations. At smaller depots, e.g. Mona Vale, North
Sydney and Belmont, it is recognized by the Parties that it may not be
practicable to construct stand alone Training Rosters in accordance with this
clause. In such circumstances Training
Rosters may be regionally based.
48.3 In constructing
Training Rosters priority will be given to providing a selection of shifts
which, as far as practicable:
(i) represent a
reasonable sample of the shifts and routes, which the new Bus Operator will be
required to work following completion of their initial training and
familiarization period and subsequent placement on the holiday relief roster
and, upon application, to depot rosters.
(ii) facilitates
the attainment by the Employee of the required skills and competencies for Certificate
III and State Transit’s contractual obligations under the MBSCs.
48.4 Upon the
completion of initial training, Trainee Bus Operators will be placed on a
Training Roster.
48.5 The guiding
principle in the construction of Training Rosters will be to provide Trainee
Bus Operators a sufficient period of time in which to attain a satisfactory
level of competence, prior to placement on the holiday relief roster. Trainee
Bus Operators will remain on a Training Roster until deemed competent by Depot
Management in consultation with relevant Bus Operator Trainers.
49. New Year’s Eve
Rostering Arrangements
Due to New Year’s Eve celebrations, State Transit increases
the number of staff required to work through the night and early hours of New
Year’s Day. The Parties agree to
working driving shifts up to twelve hours on a Volunteer basis. All shifts that
sign on, on New Year’s Eve and sign off after 2.30 am on New Year’s day will
have paid meal breaks (cribs). All shifts
that commence duty on New Year’s Eve and work into New Year’s Day will be paid
at double time for the New Year’s day portion of the shift, unless the
Government of the time enters into a separate agreement for New Year’s Eve.
50. Exclusive Shifts
50.1 It is agreed
that the following Exclusive shifts will continue for the duration of this
Award in accordance with Part B, Table 6 of this Award:
(i) Union shift
(ii) Institute
shift
(iii) Shed Driver
shift
(iv) Sign On shift
(some depots only)
(v) Welfare Shift
(one depot only) 4h 30m
(vi) Bus Parking
Shift
(vii) Gym Attendant
Shift (Waverley only)
50.2 Where an
Exclusive Shift has been created to accommodate an individual or class of
Employees whose position has been abolished, the Exclusive Shift shall cease to
operate when the affected Employee/s cease to be employed by the Employer or
the Employee transfers or moves to another position.
51. Route Networking
The Parties agree to work together on the development and
implementation of through routing on services and cross regional services where
appropriate. Changes are to be based on
total network basis rather than depot focused.
52. Regionally
Optimised Timetabling
52.1 In line with
the contracts worked under the MBSC system, timetables associated with route
networks will be optimized to realize maximum scheduling efficiency within the
nominated contract region (rather than on a depot by depot basis).
52.2 Where
scheduling efficiencies can be achieved involving cashless services, the
Parties agree to the explore options to enable Bus Operators to sign on and off
at a location other than a depot, such as major termini.
52.3 This clause
stands alone and shall not be construed as limiting the provisions of the
preceding clause "Route Networking".
53. Special Hirings
Rosters may be varied to provide for special hirings by
agreement between the majority of employees and employer. If the employee/s is/are a member of the
union, the union shall be informed of the intention to use this provision and
shall be given a reasonable opportunity to negotiate with the employer.
54. Charter Work
54.1 The maximum
shift portions on Charter Work are to be of five hours duration, with extended
standing time to be a paid break, and treated for all purposes as crib
time. Such crib time is to be of 30
minutes duration.
54.2 Timetabled peak
work may be included in shifts. Where
the total timetabled roadwork is to be in excess of eight and a half hours in a
given shift, the circumstances are to be discussed with RTBU.
54.3 Wherever
possible an unpaid meal break will be provided. However, where a continuous
charter involves a full shift, 30-minute crib time is to apply.
54.4 Penalty rates
to be as provided in this Award.
55. Sign on and Sign
Off Times
55.1 Meal break times
and signing on and off allowances listed in Part B, Table 4 of this Award shall
apply to Sydney. The allowances listed
in Part B, Table 4, apply to all shifts unless otherwise shown.
55.2 Meal break
times and signing on and off allowance listed in Part B, Table 5 of this Award
shall apply to Newcastle. The
allowances listed in Part B, Table 5 apply to all shifts unless otherwise
shown.
56. Running and
Standing Times in Newcastle
56.1 Bus operators
shall be entitled to a standing time between trips calculated as 12.5% of the
previous service trip’s timetabled running time. Service trip is defined as a passenger carrying, revenue earning
trip. The 12.5% standing time is in
addition to the three minutes allocated for terminus duties.
56.2 Standing time
is not granted for a service trip preceding a meal break or sign off including
where special running is required to a location to commence such a meal break
or effect such sign off.
56.3 Standing time
is not granted for time spent running special.
An allowance of three minutes prior to running special and two minutes
after running special and before commencing next trip will be allocated in
accordance with current procedures.
Where an operator runs special back to a depot, an allocation of only two
minutes will be provided.
56.4 Where standing
time is earned following a service trip to a terminus and a special running
trip to another terminus is timetabled prior to commencement of a further
service trip, such standing time may be taken at either terminus at the
discretion of the operator.
56.5 For round trips
the standing time for forward trips is accrued and taken at the completion of
return trip. Such standing time accrued
in this manner cannot be forfeited should an operator go to a meal or sign
off. A round trip is defined as a trip
that commences from a point, changes its destination roll at the end point then
returns to its original starting point.
Two minutes will be allocated for the changing of the destination roll
at the mid point.
56.6 It may be
expedient to transfer standing time earned at a terminus to a subsequent
terminus. This will be limited to 5% of the previous trip’s timetabled running
time. Such a transfer may be accrued
with other standing time but cannot be forfeited should an operator go to a
meal or sign off.
56.7 No operator
will be expected to drive in service for a period exceeding 100 minutes without
receiving standing time as determined in sub-clause 56.1. Should timetabled service running exceed 100
minutes, standing time will be calculated on the entire work period since the
last break, meal or sign on.
56.8 Terminus duty
time of three minutes will be provided upon arrival at city terminus prior to
commencement of a meal break.
56.9 The following
procedures will apply in regard to normal school services:
56.9.1 In
the case of runs which conduct more than one school trip, such trips may be
combined into one significant trip for the purpose of calculating standing
time. The standing time allocated at the
end of the last school trip will be the sum of the standing time earned for
each individual school trip.
56.9.2 Standing
time accrued prior to the last school trip cannot be forfeited should an
operator go to a meal or sign off.
56.9.3 Where
school trips are preceded by a service trip, standing time will be provided
after the service trip, before running special to commence the first school
trip.
56.9.4 In
instances where a bus cost could be averted by accruing this standing time such
accrued time would then be taken as soon as practicable. However, no accrued standing time shall be
forfeited should an operator go to a meal or sign off.
56.9.5 The
requirement to change all destination rolls between each school trip and
special running between school trips is rescinded. Instead, at the terminus prior to running special to commence the
first school trip:
(i) the near
number shall be placed on "000"; and
(ii) destination
rollers (front and side) shall be turned to school on top roller and special on
bottom and left rollers until all school trips are completed. The first school route number should then be
displayed.
56.9.6 After
each school trip:
(i) an allocation
of two minutes will be provided between school trips for the operator to
undertake an inspection for lost property and damage, change the route number
front and side, and to attend to the AFC machine; and
(ii) an allocation
of two minutes will be provided at each school to facilitate the orderly
boarding of children.
56.9.7 Where
a normal service trip follows a school trip, accrued standing time will be
provided before commencement of the service trip.
56.9.8 Should
the application of 12.5% standing time after a particular trip result in a bus
cost then the standing time for this trip only shall be accrued and taken at
the next practicable opportunity. In these instances the operator will only be
provided three minutes’ terminus duty time.
56.9.9 Accrued
standing time shall not be forfeited should an operator go to a meal or sign
off.
56.9.10 Time
will not be shown in timetable runs for the last trip prior to returning to the
depot. Should the operator pick up
another trip from the depot or "run as" from the last terminus, 12.5%
standing time will be calculated and included in the roster.
SECTION 7 - Leave and Public Holidays
57. Annual Leave
57.1 Annual leave
shall be as provided under the New South Wales Annual Holidays Act 1944
(NSW).
57.2 At least 75% of
each group of employees shall be given not less than two months notice of the
date on which their holidays are to commence and the remaining 25% of each
group shall be given not less than two weeks notice of such date.
57.3 Payment for all
leave due to an employee who resigns, retires, dies or is dismissed shall be
made as follows:
(i) In the case
of retirement, resignation or dismissal - to the employee.
(ii) In the case
of death - to the employee’s widow or widower, or if the employee does not
leave a widow or widower, to their legal personal representative, subject to
State law.
57.4 All employees
shall be rostered to commence their holidays in the calendar year following
that in which such holidays have accrued.
57.5 Any employee
who has completed at least one year’s service, who is regularly on shift work
and/or public holidays, when proceeding on annual leave shall be paid a loading
at the rate of 20% of the appropriate weekly wage rate prescribed under Part B,
Table 1 of this Award, in addition to payment for such leave of absence.
57.6 Any other
employee who has completed at least one year’s service when proceeding on
annual leave shall be paid a loading at the rate of 17.5% of the appropriate
weekly wage rate under Part B, Table 1 of this Award, in addition to payment
for such leave of absence.
58. Long Service
Leave
58.1 Employees
covered under this Award shall be entitled to Long Service Leave in accordance
with the provisions of Schedule 5 of the Transport Administration Act
1988 (NSW).
58.2 It is agreed
that all employees covered by this Award can access and take long service leave
at a minimum period of one day instead of a seven day minimum period (i.e.
employees may take one day at a time).
58.3 Each depot will
make available Long Service Leave which equates to 33 days per four weekly
roster cycle, for every 100 employees covered under this Award.
58.4 The calculation
of the days will be on a Monday to Friday basis.
59. Personal/Carer’s
Leave Entitlement
59.1 Amount of paid
personal/carer’s leave: An employee is
entitled to the following amount of paid personal/carer’s leave:
(i) 17 days for
all employees except those nominated in paragraph 59.1 (ii); or
(ii) Employees who
commenced on or after 1 February 1995:
(a) 10 working
days per year for up to five years’ service;
(b) 12 working days
per year from five years’ to seven years’ service; and
(c) 17 working
days per year for over seven years.
59.2 For the
purposes of the above a year is the period of 12 months from 1 January to 31
December in any calendar year.
59.3 Immediate
family or household: The entitlement to
use compassionate leave and carer’s leave in accordance with this clause is
subject to the person being either a member of the employee’s family; or a
member of the employee’s household. The
term immediate family includes:
(i) spouse
(including a former spouse, a de facto spouse and a former de facto spouse) of
the employee. A de facto spouse in
relation to a person means 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; and
(ii) child or
adult (including an adopted child, a stepchild or an ex nuptial child) parent,
grandparent, grandchild or sibling of the employee or spouse of the employee.
59.4 Notice
Requirement of Non Attendance Relating to Personal/Carer’s Leave Employees
covered under this Award are required to provide at least one hour’s notice of
non-attendance for work.
60. Personal Sick
Leave
60.1 There is
absolutely no intention by the Parties to target or place pressure on employees
who are in genuine need of sick leave.
60.2 An employee is entitled
to the following amount of paid leave for absence due to personal illness or
injury.
(i) Fifteen
working days for all employees except those nominated in 60.2 (ii); or
(ii) Employees who
commenced on or after 1 February 1995:
(a) Eight working
days per year for up to five years’ service;
(b) Ten working
days per year from five years to seven years service; and
(c) Fifteen
working days per year for over seven years service.
60.3 Leave taken by
an employee under sub-clause 60.2 is deducted from the amount of
personal/carer’s leave under sub-clause 59.1
60.4 An employee is
entitled to use accumulated sick leave for personal sickness if the employee
has already used:
(i) the current
year’s sick leave component of the personal/carer’s leave entitlement as
personal sick leave; or
(ii) the current
year’s personal/carer’s leave entitlement.
60.5 Sick leave
entitlements which have not been cleared as at the end of each year shall
accumulate on the following scale: The
balance of personal/carer’s leave provided that such remaining leave does not
exceed the quantum of sick leave specified below less any personal sick leave
or carer’s leave taken by the employee during the year:
(i) 15 working days
for all employees except for those nominated in 60.5 (ii); or
(ii) Employees who
commenced on or after 1 February 1995:
(a) Eight working
days per year for up to five years’ service;
(b) Ten working
days per year from five to seven years service; and
(c) Fifteen
working days per year for over seven years service.
61. Personal Carers’
Leave
61.1 An employee
with responsibilities in relation to either members of their immediate family
or household who need their care and support is entitled to use up to ten days
per annum of their personal/carer’s leave entitlement to provide care and
support for such persons when they are ill.
Leave may be taken for part of a single day.
61.2 The entitlement
to use personal/carer’s leave is subject to the employee being responsible for
the care of the person concerned.
61.3 The employee
must, if required by the employer, 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. Provided that, a medical certificate will be
required to support any Carer’s leave in excess of 5 days per annum, unless
otherwise approved by the Employee’s manager.
61.4 In normal
circumstances an employee must not take carer’s leave under this clause where
another person has taken leave to care for the same person.
61.5 The employee
must, where 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
must notify the employer by telephone of such absence at the first opportunity
on the day of absence.
61.6 Each day or
part day of carer’s leave taken in accordance with sub-clause 61.1 is to be
deducted from the quantum of personal/carer’s leave provided in sub-clause 59.1
up to a maximum of 10 days per annum.
61.7 An employee is
entitled to use accumulated sick leave as paid carer’s leave if the employee
has used the current year’s personal/carer’s leave entitlement. An exception to this is where an employee
has already taken 10 days carer’s leave in the current year.
61.8 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care to a family or household member who is ill.
62. Bereavement Leave
62.1 An employee is entitled
to up to two days paid leave on each occasion if a member of the employee’s
immediate family or household in Australia dies.
62.2 Each day or
part of a day used under 62.1 is deducted from the amount of personal/carer’s
leave under sub-clause 59.1.
62.3 An employee is
entitled to use accumulated sick leave as paid compassionate leave up to two
days on each occasion when a member of the employee’s immediate family or
household in Australia dies and the employee has already used the current
year’s personal/carer’s leave entitlement under sub-clause 59.1.
62.4 An employee is
entitled to use unpaid leave up to two days on each occasion when a member of
the employee’s immediate family or household in Australia dies if the employee
has already used the current year’s personal/carer’s entitlement under
sub-clause 59.1 and no accumulated sick leave is available.
62.5 Proof of death
must be provided to the satisfaction of the employer, if requested.
63. Leave for
Personal Or Family Needs
63.1 The personal
and family leave scheme is voluntary and available to all permanent employees
covered by this Award who have been continuously employed for a period of
twelve months who wish to extend their leave options for personal reasons or
family responsibilities.
63.2 The additional
four weeks personal and family leave provided under this scheme will not
attract leave loading.
63.3 All leave
entitlements, which accrue during an employee’s participation in this scheme is
unpaid. Employees wishing to
participate in this scheme must submit an application to their manager. The application must stipulate the dates the
leave is required.
63.4 Employees are
required to re-apply annually if they wish to participate in the scheme.
63.5 Employees who
wish to participate in this scheme will have monies deducted each fortnight
over the proceeding twelve-month period to pay for their personal and family
leave. Money deducted will be ordinary
hours after all penalties and overtime have been calculated. There will be no reduction in the hourly
rate of pay.
63.6 Sick Leave and
Long Service Leave will continue to accrue at the usual rate during the term of
the employee’s participation in the personal and family leave scheme.
63.7 Each depot will
make available leave for personal and family needs equal to 33 days per four
weekly roster period, spread evenly over the month for each 100 employees
covered under this Award.
63.8 The minimum
amount of personal or family leave that can be taken in any one period will be one
week and the maximum will be four weeks in a twelve-month period.
63.9 The definition
of a week is Monday to Friday.
63.10 Employees should
seek independent financial advice regarding their superannuation options prior
to entering into the personal and family leave arrangement.
63.11 Employees will
retain home and duty passes and other privilege passes
64. Paid Maternity
Leave
64.1 A female
employee is entitled to paid maternity leave in accordance with this clause and
with State Transit’s Parenting Leave Procedures.
64.2 An employee who
has, or will have, completed 40 weeks continuous service before the expected
date of birth, is entitled to paid maternity leave.
64.3 Maternity leave
is a period of not more than four weeks prior to the expected date of birth and
not more than 52 weeks after the actual date of birth.
64.4 An employee is
entitled to a maximum of twelve weeks paid maternity leave at the base
rate. The paid leave can be taken:
(i) in a lump sum
payment at the commencement of maternity leave or;
(ii) as full pay
on a fortnightly basis while on maternity leave or;
(iii) as half pay
on a fortnightly basis while on maternity leave or;
(iv) in any
combination of the above options.
64.5 Separate from
paid maternity leave, an employee may be paid accrued annual and/or long
service leave as part of the maternity leave period. he accrued annual leave and long service leave can be taken:
(i) as full pay
on a fortnightly basis while on maternity leave or;
(ii) as half pay on
a fortnightly basis while on maternity leave or;
(iii) in any
combination of the above options
64.6 An employee who
takes maternity leave must take any accrued annual leave entitlements in excess
of 40 days as part of maternity leave.
64.7 Once all entitlements
to pay have been exhausted, the balance of maternity leave will be unpaid.
64.8 An employee
must not unreasonably withhold notice of her intention to apply for maternity
leave.
64.9 An employee is
entitled to return from maternity leave to the position held immediately prior
to going on maternity leave, if that position still exists, but if the
employee’s position has ceased to exist during the period of maternity leave,
the Employee’s skills and abilities will be assessed and they will be redeployed
to another position as nearly as possible comparable in status and pay to that
of the Employee’s former position. Where redeployment is not possible the
Employee will be treated as a Displaced Officer in accordance with Premier’s
Department guidelines.
64.10 In exceptional
circumstances an employee may be granted an extension to maternity leave beyond
52 weeks from the date of birth, but an employee who returns to work after an
extension of maternity leave beyond the 52 weeks from the date of birth will be
treated as a Displaced Officer and will be subject to the State Transit
Displaced Officer Procedures.
64.11 If an employee
requests part-time work on return from maternity leave, State Transit will,
where this is practical, provide part-time employment for the employee.
64.12 If an employee
requests a job share arrangement on return from maternity leave, State Transit
will, where practical, provide a job share arrangement for the employee.
65. Parental Leave
65.1 An employee is
entitled to parental leave in accordance with this clause and with State
Transit’s Parenting Leave Procedures.
65.2 An employee who
is not eligible for maternity leave or adoption leave may, in special
circumstances, be granted parental leave to care for a child who is under two
years of age at the time the leave commences.
65.3 An employee who
has completed 40 weeks continuous service prior to making application, and who
has provided satisfactory evidence of being the primary carer for the child, is
eligible for parental leave.
65.4 Parental Leave
is for a period of not more than 52 weeks from the date the leave commenced.
65.5 Parental Leave
is unpaid leave, and can consist of solely parental leave (unpaid), or a combination
of parental, annual and/or long service leave, if the employee has accrued such
leave.
65.6 An employee
taking parental leave must exhaust all accrued annual leave entitlements as
part of parental leave.
65.7 An employee
must not unreasonably withhold notice of intention to apply for parental leave.
65.8 An employee is
entitled to return from parental leave to the position held immediately prior
to going on parental leave if that position still exists, but if the employee’s
position has ceased to exist during the period of parental leave, the employee
will return from parental leave as a Displaced Officer and will be subject to
the State Transit Displaced Officer Procedures.
66. Adoption Leave
66.1 Employees are
entitled to paid adoption leave in accordance with this clause and with State
Transit’s Parenting Leave Procedures.
66.2 An employee who
has, or will have, completed 40 weeks continuous service before the expected
date of birth, is entitled to paid adoption leave. Adoption Leave is a period of not more than 52 weeks after the
actual date that the employee takes custody of the child. Employees will be
entitled to a maximum of twelve weeks paid adoption leave at the base
rate. The paid leave can be taken:
(i) in a lump sum
payment at the commencement of adoption leave or;
(ii) as full pay
on a fortnightly basis whilst on adoption leave or;
(iii) as any
combination of the above options.
66.3 Separate from
paid adoption leave, an employee may be paid accrued annual and/or long service
leave as part of the adoption leave period.
The accrued annual leave and long service leave can be taken:
(i) as full pay
on a fortnightly basis whilst on adoption leave or;
(ii) as half pay
on a fortnightly basis whilst on adoption leave or;
(iii) as any
combination of the above options.
66.4 Employees
taking adoption leave must clear any accrued annual leave entitlements in
excess of 40 days as part of their adoption leave.
66.5 Once all entitlements
to pay have been exhausted the balance of adoption leave will be unpaid.
66.6 Employees will
not unreasonably withhold notice of their intention to apply for adoption
leave.
66.7 Employees will
return from adoption leave to the position they held immediately prior to going
to adoption leave if that position still exists. If the Employee’s position has ceased to exist during the period
of adoption leave, the Employee’s skills and abilities will be assessed and
they will be redeployed to another position as nearly as possible comparable in
status and pay to that of the Employee’s former position. Where redeployment is
not possible the Employee will be treated as a Displaced Officer in accordance
with Premier’s Department guidelines.
66.8 In exceptional
circumstances employees may be granted an extension to adoption leave beyond 52
weeks from the time the employee takes custody of the child. If an employee
returns to work after an extension of adoption leave beyond the 52 weeks from
the time the employee takes custody of the child, they will be treated as a
Displaced Officer and will be subject to the State Transit Displaced Officer
Procedures.
66.9 If an employee
requests part-time work on return from adoption leave, State Transit will,
where this is practical, provide part-time employment for the employee.
66.10 If an employee
requests a job share arrangement on return from adoption leave, State Transit
will, where this is practical, provide a job share arrangement for the
employee.
67. Career Break
67.1 A permanent
employee who has been continuously employed with State Transit for a minimum
period of five years may make application to take a fixed period of time off
work, in order to fulfil family or personal commitments or to pursue personal
development without loss of job security.
67.2 The terms and
conditions under which an employee may take a career break are as follows:
67.3 The minimum
period for a career break is six months. The maximum period for a career break
is 12 months.
67.4 An employee
must provide three months notice of a request to take a career break.
67.5 An employee who
takes a career break must utilise any accrued annual leave as part of this
break.
67.6 Any unpaid
period of the career break will be regarded as leave without pay for the
purpose of leave accrual and superannuation.
67.7 At the
commencement of the career break, employees must return their staff travel
pass.
67.8 At the
completion of the career break, an employee can return to a position at the same
grade that they held before commencing the break.
67.9 Where there is
no position immediately available at the same grade, the employee’s skills and
abilities will be assessed and they will be placed in another position at the
same grade held before commencing the career break.
67.10 Applications for
career breaks will be approved at State Transit’s discretion
68. Public Holidays
68.1 The days on
which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day
are proclaimed, shall be recognised as Public Holidays, in addition to:
(i) special days
appointed by proclamation as Public Holidays to apply throughout the whole
State; and
(ii) where
applicable, special days appointed by proclamation as Public Holidays but
limited to a specific geographical region of the State.
68.2 Payment and
processing of payment for Public Holidays will be in accordance with State
Transit Payroll Policy and the following clauses regarding rates of pay.
69. Work on a Public
Holiday
69.1 An Employee
required to work on a Public Holiday which falls on Monday to Friday shift
shall be paid at time and one half for all time worked on the Public Holiday.
All time worked on a Public Holiday which falls on a Saturday shall be paid at
the rate of double time.
69.2 In addition to
the penalty rate prescribed in 69.1 above, an Employee who works on a Public
Holiday will also be entitled to a payment equivalent to the ordinary hours,
which the Employee actually works on the Public Holiday, up to a maximum of 7.6
hours (the "Additional Payment"). Employees who work less than 7.6
hours per day will be entitled to the Additional Payment on a pro rata basis.
69.3 A full-time
Employee who ordinarily works on a day on which a Public Holiday is proclaimed,
but is rostered off, will be entitled to the Additional Payment based on the
ordinary hours, which the Employee would have worked, but for the rostered day
off, up to a maximum of 7.6 hours.
69.4 To avoid doubt,
the Additional Payment referred to in 69.2 above, will be paid out when the
Public Holiday falls.
70. Concessional Day
(Substitute Bank Holiday)
70.1 Employees
covered under this Award shall be entitled to a Concessional Day in substitution
of the Bank Holiday, to be observed on New Year’s Eve, provided that:
(i) where New
Year’s Eve falls on a Sunday, the Concessional Day shall be moved to the Friday
immediately preceding New Year’s Eve; and
(ii) an Employee
required to work on the Concessional Day shall be paid a maximum of double time
for ordinary hours worked, and shall not accrue a day off in lieu of the
Concessional day worked or be entitled to an additional payment of 7.6 hours
ordinary pay.
71. Picnic Day
71.1 It is agreed
that the Union will nominate a Sunday in each calendar year for the purpose of
the Picnic Day. All Employees covered under this Award, other than Casual
Employees, shall be entitled to the Picnic Day entitlement.
71.2 Employees
rostered off on the Picnic Day shall be paid 7.6 hours pay at ordinary time
rates.
71.3 An employee
rostered to work on the Picnic Day shall be paid an additional 7.6 hours
ordinary time pay.
72. Jury Service
Leave
72.1 Entitlement
72.1.1 Employees
covered under this Award who are called for Jury Service are eligible to
receive Special Leave for the time they are at court. Employees receive a jury
fee from the court and the Employer will "make up" the difference
between the court fee and the Employee’s ordinary rate of pay. Ordinary rate of pay excludes overtime and
penalties.
72.1.2 Special Leave
will not be granted when the jury service falls on days when an Employee is on
leave. When Employees attend jury service under such circumstances, they can
retain the court fees.
72.1.3 If the jury
service falls on a day on which a shiftwork employee would not ordinarily be
rostered for duty, the Employee will be provided with the opportunity to
request a change to their rostered shift, to enable them to receive payment for
their service on the jury, and allow them to retain their days off for
recreation purposes.
72.2 Requirements
for Payment
72.2.1 Employees
covered under this Award are to advise the Court that they are not Public
Servants for the purpose of the Crown Employees Award and are therefore
eligible to receive the court fee.
72.2.2 The Employee
must claim from the Sheriff or the Registrar of the Court, payment of the jury
fee plus travelling allowance, if appropriate. Employees must notify their supervisor
of the dates they have been summoned to attend jury service immediately on
receiving the summons.
72.2.3 Employees
selected to sit on a jury must apply for Special Leave and nominate the dates
they will be required to be off duty.
72.2.4 After taking
leave to attend jury service, Employees must submit a certificate of
attendance, detailing the days attended and the court fee received.
SECTION 8 - Occupational Health and Safety and Training
73. Occupational
Health and Safety Training
State Transit will determine the standards and requirements
of training for employees, in consultation with the RTBU. Every employee will have the opportunity to
attend a minimum of two hours paid awareness OHS training each calendar year.
74. Alcohol and Other
Drugs
The Parties recognise the legislative obligations on State
Transit to ensure the workplace is free from drugs and alcohol, and all
employees are to comply with the provisions of the legislation relating to
random drug and alcohol testing and the internal programs that are in place.
75. Certificate III
in Transport and Distribution
75.1 State Transit
is committed to offer the Certificate III in Transport and Distribution (Road
Transport) ("Certificate III") to new Bus Operators whose hours of work
meet the criteria as set by the Department of Education and Training. However, in the event that State and/or
Commonwealth Government funding for the traineeship is withdrawn or reduced,
consideration will be given to reviewing State Transit’s commitment to the
program.
75.2 Certificate III
will be made available to interested existing Bus Operators on a voluntary
basis.
75.3 There will be
no deduction in pay or grade for any employee who either does not wish to
undertake Certificate III or does not meet the competencies required to attain
Certificate III.
75.4 Employees will
be required to collect evidence for recognition of prior learning and attend
Recognition of Prior Learning information sessions in their own time.
75.5 State Transit
will provide the training required to complete the remaining units of
competency for Certificate III. The
applicant will be paid to attend training as per this Award. Should an employee be unsuccessful at the
first attempt, a second attempt will not be possible until after other
volunteers have had the opportunity.
76. Driver Skills
Maintenance Program
76.1 The bus
driving skills maintenance program will continue for the term of this Award.
76.2 The purpose of this
program is to ensure that Bus Operators’ driving skills and knowledge are
maintained to State Transit’s and relevant legislative standards for driving
and operating buses. Vigil Systems
technology will be utilised to assist in the skills maintenance program.
76.3 All Bus
Operators will be required to attend one day training every two years. The
purpose of the program will be to provide:
(i) Updates on
Australian Road Rules and other information relating to driving and operating
buses.
(ii) Practical
refresher skills in operating buses including personal safety strategies.
76.4 Should a Bus
Operator require further operational training, this will occur on a one to one
basis.
76.5 Changes to the
content of the Driving Skills Maintenance Program as outlined in this clause
will be subject to consultation with the RTBU.
77. Fatigue
Management
77.1 Fatigue
management principles apply to all employees covered by this Award.
77.2 No employee
will be permitted to work more than 12 hours in any 24-hour period.
77.3 An employee
must have a total of 12 hours rest in every 24-hour period, of which 10 hours
must be consecutive between shifts.
77.4 No employee
will work more than 24 days in a 28-day period.
77.5 No employee
will work more than 12 days straight.
77.6 A 24-hour
period commences from the time of the first sign on.
77.7 No employee
will work or be required to work more than five hours straight without a break.
SECTION 9 - General
78. Continuity of
Service (on Transfer of Business)
78.1 This clause
applies for the purpose of determining a transferred employee’s entitlements as
an employee of the new employer under an industrial instrument or the
industrial relations legislation.
78.2 For the purpose
of determining those entitlements:
(i) the
continuity of the employee’s contract of employment is taken not to have been
broken by the transfer of the business, and
(ii) a period of
service with the former employer (including service before the commencement of
this Award) is taken to be a period of service with the new employer.
78.3 Service with
the former employer includes service that because of this clause or a former
Act is taken to be service with that employer as a result of a previous
transfer of the business.
79. Abandonment of Service
79.1 Where an
employee, within the period of 28 days from last day of attendance, fails to
establish to the satisfaction of State Transit, that the absence was due to a
reasonable cause, he/she will be deemed to have abandoned his/her employment.
79.2 Prior to
employment being deemed to be abandoned, the following procedures will be
applied by State Transit:
(i) The Employer
will forward a letter (the First Letter) to the last known home address of the
Employee requesting the Employee contact the Employer, within seven days of the
date of service of the First Letter, and provide a satisfactory explanation for
their absence;
(ii) Where an
Employee contacts the Employer and claims their absence is due to illness or
injury, the Employer will allow a period of seven days from the date of service
of the First Letter for the Employee to supply a medical certificate/s
supporting the whole of the absence;
(iii) Where the
Employee fails to acknowledge the First Letter or no satisfactory explanation or
supporting medical certificate/s supporting the whole of the absence is
provided by the Employee to the Employer, a second letter (the Second Letter)
will be sent to the Employee advising the Employee to contact the Employer
within seven days of service of the Second Letter.
79.3 The Second
Letter shall include advice to the Employee that their employment will be
deemed to have been abandoned if they continue to fail to attend for work or
fail to provide a satisfactory explanation or medical certificate/s supporting
the whole of the absence.
79.4 For the purpose
of this clause service of the First Letter and or Second Letter will be
effected by means of either personal service, registered mail or by leaving the
letter at the last address nominated by the Employee to the Employer as their
home address.
80. Quality
Certification
The Parties agree to work together to maintain ISO 9001:2000
certification.
81. Absence
Management Procedures
81.1 Commitment to
Reduction in Sick Leave Levels
81.1.1 The Parties to
this Award are committed to ensuring State Transit as a business remains
competitive and is positioned to secure future contracts for bus services by
achieving industry best practice in a range of areas. One such area is the need
to reduce the costs associated with unacceptable average sick leave levels.
81.1.2 To ensure that
sick leave levels are reduced to an average of nine days per annum or less, the
Parties have agreed to implement stringent procedures for the management of
employee absence relating to personal illness and injury.
81.1.3 It is accepted
that the following provisions will place the Parties to this Award, including
all Employees covered by the Award, under strict obligations to effectively
manage employee absence in order to achieve the targeted reduction in sick
leave. To that end, the RTBU and its
Officers will work co-operatively with State Transit and its managers to ensure
the implementation and success of the Absence Management Procedures outlined in
this clause.
81.2 Review
Mechanisms
81.2.1 Throughout the
life of this Award, State Transit and the RTBU will jointly monitor the
operation of the procedures outlined in this clause and the data on reduction
in average sick leave levels.
81.2.2 At the
expiration of twelve months from the introduction of the procedures outlined in
this clause, State Transit and the RTBU will undertake a full review of the
success of the procedures.
81.2.3 If the Target
has not been achieved, State Transit and the RTBU will work together to
identify any additional measures which may be necessary to achieve the Target
and the Award will be varied to accommodate any additional measures.
81.2.4 A further review
of the success of the procedures will occur prior to the expiration of this Award.
If the Target has not been achieved, State Transit and the RTBU will determine
other measures to be included in the next Award, in order to achieve the
Target.
81.3 Medical
Examination, the Role of the State Transit Health Services Officers and Employee
Obligations
81.3.1 An employee
reporting any unplanned absences, arising from personal illness or injury, will
be contacted by a State Transit Health Services Officer (HSO), on the first or
any subsequent day of the unplanned absence. The HSO will discuss with the
employee, the circumstances of the unplanned absence including appropriate
medical referrals and likely date of return to work.
81.3.2 If the employee
cannot be contacted by the HSO, the employee will be required to provide an
explanation regarding why they were unable to be contacted. Where no satisfactory explanation is
provided, paid leave will not be approved and disciplinary action may be
commenced against the employee for unauthorised absence.
81.3.3 If directed by
State Transit, an employee must attend an examination by a State Transit
Nominated Doctor (State Transit Doctor) located within a reasonable travelling
distance from the employee’s home, at any time. A State Transit Doctor may
include a specialist. This may occur
where:
(i) an employee
has an unplanned absence arising from a personal illness or injury;
(ii) the employee
has been placed on an absence management program;
and/or
(iii) there are
reasonable grounds to doubt the genuineness of the absence where it relates to
personal illness or injury.
81.3.4 Where an
employee is required to attend a State Transit Doctor for medical examination,
the State Transit Doctor will determine whether or not the employee is fit for
their normal duties.
81.3.5 Where a State
Transit Doctor examines an employee and determines that the employee is fit for
their normal duties, no paid leave will be payable and the employee may be
directed by State Transit to attend for work.
81.3.6 Where an
employee who has been directed to attend for work following examination by a
State Transit Doctor, fails to do so, the employee will:
(i) have any paid
leave withheld;
(ii) be considered
to be on unapproved leave until any relevant medical reports have been
considered; and
(iii) may be subject
to disciplinary action.
81.4 Managing
Employees with Unacceptable Attendance Patterns - Absence Management Programs
81.4.1 An employee with
an unacceptable attendance pattern may be placed on an Absence Management
Program (AMP). In administering AMP’s, there is absolutely no intention by
State Transit to place undue pressure on any employee in genuine need of sick
leave.
81.4.2 Unacceptable
Attendance Pattern means any pattern of unplanned absence which the employee’s
manager, on reasonable grounds, believes warrants the employee being placed on
an absence management program, and includes:
(i) failure to
comply with any aspect of State Transit sick leave policy (a copy of which can
be accessed through State Transit’s Business Management System), or an
obligation imposed under the provisions of this clause;
(ii) failure to
produce a medial certificate or other satisfactory evidence to support an
unplanned absence where the employee was under an obligation to do so.
81.4.3 The following
are provided as examples of attendance patterns which would require review by
management and which may result in an Employee being placed on an Absence
Management Program:
(i) a pattern of
unplanned absences predominately on particular days of the week or during particular
times of the year;
(ii) high number
of one to two day unplanned absences, particularly for different reasons;
(iii) a pattern of
unplanned sick leave immediately following or preceding RDO’s, ADO’s, public
holidays or annual leave;
(iv) unplanned
absence on a day, which an employee sought as a day off, but which was not
approved;
(v) unplanned
absences on special events;
(vi) four or more
absences (particularly single day absences), in a four month period.
81.4.4 State Transit’s
Sick Leave Policy and Procedure may be varied during the life of this Award,
including any variations, which are necessary to give effect to the provisions
of this clause.
81.5 Absence
Management Program Step 1 - Preliminary Discussion
81.5.1 The employee will
be interviewed by their supervisor or manager regarding any apparent
unacceptable attendance pattern. Reasons for the absence history may be
explored. Further medical investigation and referrals may be required at this
stage.
81.5.2 If, following discussion
and any necessary further investigation, the employee’s manager remains
unsatisfied with the attendance pattern, the employee will be advised in
writing that should there be no improvement in their attendance pattern, they
will be placed on an absence management program. However, in exceptional
circumstances, an employee may be placed on an absence management program at
this point.
81.6 Absence
Management Program Step 2 - Placement on a Program
Should an employee’s attendance pattern remain unsatisfactory,
the employee will again be interviewed by their manager. If, following the
further interview, the employee’s manager remains unsatisfied with the
attendance pattern, the employee will be placed on an absence management
program which will include the following:
(i) all unplanned
absence due to personal illness or injury will need to be medically supported
while the employee remains on an absence management program;
(ii) regular
review meetings between the manager and employee as required;
(iii) any unplanned
absence will require approval and until the employee has applied for leave,
been interviewed by their manager and the leave has been approved, any
unplanned absence will be treated as unauthorised leave and may lead to
discipline action;
(iv) medical
examination by a State Transit Doctor as required, including when reporting
unplanned absences due to personal illness or injury;
(v) written
confirmation of placement on the absence management program and advice that a
continuing unacceptable attendance pattern, including the taking of any
unauthorised leave, may result in further disciplinary action leading to
termination of employment.
81.7 Step 3
Where an employee’s attendance pattern remains
unacceptable, following implementation of steps 1 and 2, formal disciplinary
action may be commenced against the employee. However, disciplinary action may
be commenced at any time prior to Step 3, in the event of unauthorised absences
or failure to comply with any direction issued under the absence management
program.
81.8 Continuous
Review
81.8.1 An employee
placed on an absence management program will be subject to continuous review,
and may be removed from the absence management program, at any time, following
demonstrated improvement in their attendance pattern.
81.8.2 Employees will
be advised in writing of the decision to remove them from the absence
management program. However, should the employee again come under notice for an
unacceptable attendance pattern, the employee may be placed back on an absence
management program
82. Patterns of Work
and Productivity
82.1 The Parties are
committed to the implementation of flexible working arrangements whilst at the
same time continuing to review existing working arrangements with the object of
implementing further flexible systems of work that more effectively meet the
needs of State Transit and its employees.
82.2 Provided the
processes have been followed and buses still need to be staffed, depot
administration/management staff may operate buses in service.
83. New Technology
83.1 The Parties to
this Award will jointly examine and discuss prior to implementation all
proposals regarding the introduction of new technologies into State
Transit. This technology will be
designed to enhance flexibility, and cost effectiveness and efficiency of the
operation and delivery of our services.
83.2 Where the
introduction of this technology impacts on existing positions then appropriate
job redesign and retraining will be discussed.
84. Smart Card/Integrated
Ticketing
State Transit through the Ministry of Transport’s Integrated
Ticketing Project will be replacing the current magnetic ticketing system and
related equipment, with a smart card based ticketing technology on to its bus
fleet. The change may also involve
changes to the way passengers board and alight, include an automatic vehicle
location system. The Parties agree to
work co-operatively to implement the integrated ticketing project.
85. Centre and Rear
Door Loading for Cashless Services
85.1 State Transit
is committed to minimizing cash sales on buses through pre pay services and, in
the future, through integrated ticketing.
85.2 Where
determined by State Transit, Bus Operators may be required to permit passengers
with pre purchased tickets or smartcards, to board buses via the front and rear
doors.
85.3 Prior to
implementation of this initiative State Transit will consult with the Union and
employees to ensure safe working of passenger loading.
86. Termination of
Employment
86.1 Where
termination is initiated by the Employer, the employer must give the employee
notice in accordance with the following table:
Employee’s Period
of Continuous Service with the Employer
|
Period of Notice
|
Not more than one year
|
At least one week
|
More than one year but not more than 3 years
|
At least 2 weeks
|
More than 3 years but not more than 5 years
|
At least 3 weeks
|
More than 5 years
|
At least 4 weeks
|
86.1.1 The Periods of
Notice prescribed above, will be increased by 1 week if the employee:
(i) is over 45
years old; and
(ii) has completed
at least 2 years of continuous service with the employer.
86.2 Instead of
notice, the employer may give the employee compensation, which must equal the
total of all amounts that the employer would have become liable to pay if the
employee’s employment had continued until the end of the required period of
notice.
86.2.1 This total must
be worked out on the basis of:
(i) the employee’s
ordinary hours of work (even if they are not standard hours); and
(ii) the amounts
payable to the employee in respect of those hours, including (for example)
loadings, allowances and penalties.
86.3 Notwithstanding
the notice provisions prescribed in 86.1 to 86.2 above, the Employer is not
obliged to provide any notice of termination in circumstances where the
employee is guilty of serious misconduct, that is, misconduct of such a nature
that it would be unreasonable to require the employer to continue the
employment of the employee concerned during the required period of notice.
86.4 Employees to
Return all State Transit Property
Any Employee covered under this Award whose employment
with the Employer ceases, whether at the initiative of the Employer or the
Employee, must return all property belonging to the Employer, on the Employee’s
last day of service.
SECTION 10 - Industrial Relations
87. Disputes
Settlement Procedure
87.1 When the
Parties to this Award are in dispute with either the Union or Employer over any
issue that directly affects the interests of any of the Parties, the dispute
will be dealt with in accordance with this clause.
87.2 In the first
instance, any grievance, which is local in nature, and which will not impact on
other locations, should be settled at the workplace between the employee and
the local manager (that is, the employees immediate manager). Where practical, a genuine attempt to
resolve the dispute should be made within 24 hours of the dispute being raised.
87.3 If the
grievance cannot be resolved as provided for in 87.2 the local delegate or
employee is to present the Depot/Unit Manager with a notice of dispute
outlining the specific nature of the dispute.
The Depot/Unit Manager will discuss the matter with the local union/s
delegate/s or employee as soon as practicable.
87.4 If the dispute
is not resolved as provided for in 87.3 (or if the subject matter of the
dispute is not local in nature), the dispute should be referred to the
appropriate General Manager, and may also be referred by an employee or union
delegate to a union official, who must attempt to resolve the dispute.
87.5 Nothing in 87.3
or 87.4 prevents the appropriate Manager or General Manager agreeing (either
because the issue is of State Transit-wide significance, involves the
interpretation of a policy or industrial instrument, or for some other reason)
with an employee, a union delegate, or a union official, to refer the matter
for resolution to the Manager, Employee Relations, in conjunction with the
employee involved, or a union delegate or union official.
87.6 If, following
action under 87.2, 87.3, 87.4 or 87.5 a dispute remains unresolved, the
employee, a Union Delgate, or the Manager, Employee Relations may refer the
matter for resolution to the General Manager, Human Resources (or, at the
discretion of the General Manager, Human Resources, or the Chief Executive) and
an official nominated by the union.
87.7 If, following
action under 87.2 to 87.6 inclusive, the dispute remains unresolved, State
Transit or the union must refer the dispute to Union New South Wales (advice to
be provided to other party) following which a 72 hours cooling off period
(exclusive of weekends and public holidays) will apply, to enable Unions NSW to
assist in the resolution of the dispute.
87.8 If a dispute
referred to Unions NSW under 87.7 remains unresolved following that reference
and the giving of assistance by Unions NSW, either State Transit or the relevant
Union/s may refer the matter to the NSW Industrial Relations Commission (IRC)
for conciliation and if necessary arbitration.
87.9 The Parties
recognise that disputes can differ widely in nature, and can thus take
different lengths of time to resolve, but the Parties also agree that disputes
should be resolved as quickly as is possible; that, subject to any contrary
agreement between State Transit and the employee or Union involved, any
individual step in the process should as a general rule take no more than five
working days to complete; and that in the case of each step attempts should be
made to hold discussions within two working days of commencing the step.
87.10 Any dispute that
is still unresolved after having been progressed in accordance with the steps
in this clause, is not further referred by either State Transit, the employee,
or the union for a period of 28 working days after the last step, will be
deemed to be no longer a matter in dispute.
87.11 Nothing in this
clause prevents the making of an agreement to refer a dispute to a step other
than the one next in sequence, in order to accelerate resolution or for some
other reason; or the reference of a dispute to the relevant industrial tribunal
for urgent resolution.
87.12 Subject to subclause
87.14, while a dispute is being dealt with under one of the preceding
paragraphs in this clause, work must continue without disruption. Work practices, which existed prior to the
dispute, shall apply, except where it involves the application of provisions in
the Award.
87.13 The Parties
acknowledge that, where a dispute involves a matter where a genuine, serious
and immediate risk is posed to the health or safety of any person, it may not
be practical to follow the procedures in this clause in attempting to resolve
the dispute; and that an urgent reference to the relevant Industrial Tribunal
may be required.
87.14 Stoppages
directed by Unions NSW and generally applying in industry are exempt from this
procedure.
88. Contestability
88.1 The Parties
agree that, in accordance with the New South Wales Government service
competition policy, non-core activities may be subjected to contestability
against external service providers from time to time.
89. Union Training
Leave
89.1 A maximum of 100
days in total will be provided for employees to participate in authorised
training associated with union and employee activities.
90. Stand Down
90.1 The Employer
may deduct payment for any day or shift that an employee cannot be usefully
employed because of any strike or through any stoppage of work by any cause for
which the Employer cannot reasonably be held responsible, or because of the
failure of the Employee to perform any work allotted to or available for the
Employee during such period of strike or stoppage of work.
PART B
Table 1 - Wage
Rates
CLASSIFICATION
|
WEEKLY RATE
|
|
12/6/07
|
With IA*
|
12/6/08
|
With IA*
|
Conductor T/A Sign on Clerk
|
$643.40
|
$680.80
|
$669.10
|
$708.00
|
Bus Cleaner level 1
|
$647.40
|
$684.80
|
$673.30
|
$712.20
|
Bus Cleaner level 2
|
$687.90
|
$725.30
|
$715.40
|
$754.30
|
Bus Cleaner level 3
|
$707.80
|
$745.20
|
$736.10
|
$775.00
|
Bus Cleaner level 4
|
$748.40
|
$785.80
|
$778.30
|
$817.20
|
Trainee Bus Operator
|
$719.90
|
$757.30
|
$748.70
|
$787.60
|
Bus Traineeship level 1
|
$719.90
|
$757.30
|
$748.70
|
$787.60
|
Bus Operator level 1
|
$747.20
|
$784.60
|
$777.10
|
$816.00
|
Bus Operator level 2
|
$777.00
|
$814.40
|
$808.10
|
$847.00
|
Bus Traineeship level 2
|
$777.00
|
$814.40
|
$808.10
|
$847.00
|
Senior Bus Operator
|
$792.00
|
$829.40
|
$823.70
|
$862.60
|
Shed Driver
|
$814.80
|
$852.20
|
$847.40
|
$886.30
|
Customer Service Coordinator level 1
|
$881.10
|
$918.50
|
$916.30
|
$955.20
|
Airport Coordinator
|
$855.70
|
$893.10
|
$889.90
|
$928.80
|
Bus Operator Trainer 1
|
$857.30
|
$894.70
|
$891.60
|
$930.50
|
Bus Operator Trainer 2
|
$922.70
|
$960.10
|
$959.60
|
$998.50
|
Bus Operator Trainer 3
|
$1010.50
|
$1047.90
|
$1050.90
|
$1089.80
|
Customer Service Liaison (Kiosk)
|
$855.70
|
$893.10
|
$889.90
|
$928.80
|
Customer Service Liaison (Explorer)
|
$855.70
|
$893.10
|
$889.90
|
$928.80
|
* With IA - column, incorporates weekly Wage Rate with the Industry
Allowance provided for in Item 1, Table 2, Part B, of this Award, added to the
weekly base rate.
Table 2 - Other
Rates and Allowances
|
Description
|
12 June 2007
|
12 June 2008
|
|
|
$
|
$
|
Item 1
|
Industry Allowance
|
37.40
|
38.90
|
Item 2
|
Articulated Bus Allowance
|
16.00
|
16.60
|
Item 3
|
Standby Allowance
|
10.00
|
10.00
|
Table 3 -Uniform
Allowance
The initial issue of uniform will include the following
items:
Shirts (long or short sleeve)
|
7
|
Trousers/Skirt/Slacks/Shorts
|
3
|
Sunglasses
|
1
|
Hat
|
1
|
Belt
|
1
|
Socks
|
5 pairs
|
Footwear
|
1 pair
|
Rain set
|
1 set
|
Jumpers/Jackets
|
2
|
AND
|
1 x Additional item which must be either:
|
Shorts,
|
or
|
Extra Shirt
|
Table 4 - Sydney
Meal Break, Sign On and Sign Off Allowances
(a)
|
First sign on bus ex shed
|
ten minutes
|
|
First sign on pick up bus at relief point
|
eight minutes
|
|
First sign on staff bus/car ex shed
|
nine minutes
|
|
|
|
(b)
|
Broken shifts
|
|
|
First sign off bus to shed
|
five minutes
|
|
First sign off relieved at relief point
|
five minutes
|
|
First sign off staff bus/car to shed
|
five minutes
|
|
|
|
(c)
|
Broken shifts
|
|
|
Second sign off bus to shed
|
five minutes
|
|
Second sign off relieved at relief point
|
five minutes
|
|
Second sign off staff bus/car to shed
|
five minutes
|
|
|
|
(d)
|
Final sign off bus to shed
|
ten minutes
|
|
Final sign off relieved at relief point
|
eight minutes
|
|
Final sign off staff bus to shed
|
nine minutes
|
|
|
|
(e)
|
Allowances at meal breaks or within shift portions
|
|
|
Bus ex. Shed
|
five minutes
|
|
Bus to shed
|
five minutes
|
|
Staff bus ex. shed
|
one minute
|
|
Staff bus to shed
|
one minute
|
|
Relieved at relief point (walk/travel)
|
zero minutes
|
|
Pick up at relief point (walk/travel)
|
zero minutes
|
Walking time at each location, as agreed between the Parties
to be added to (a)-(e) where a relief point is mentioned.
Table 5 -
Newcastle Meal Break, Sign On and Sign Off Allowances
(a)
|
First sign on bus ex shed
|
ten minutes
|
|
First sign on pick up bus at relief point
|
three minutes
|
|
First sign on staff bus/car ex shed
|
ten minutes
|
|
|
|
(b)
|
Broken shifts
|
|
|
First sign off bus to shed
|
ten minutes
|
|
First sign off relieved at relief point
|
five minutes
|
|
First sign off staff bus/car to shed
|
ten minutes
|
|
|
|
(c)
|
Broken shifts
|
|
|
Second sign on bus ex shed
|
seven minutes
|
|
Second sign on pick up bus at relief point
|
two minutes
|
|
Second sign on staff bus/car ex shed
|
seven minutes
|
(d)
|
Final sign off bus to shed
|
thirteen minutes
|
|
Final sign off relieved at relief point
|
ten minutes
|
|
Final sign off staff bus to shed
|
thirteen minutes
|
|
|
|
(e)
|
Allowances at meal breaks or within shift portions
|
|
Bus ex. Shed
|
five minutes
|
|
Bus to shed
|
eight minutes
|
|
Staff bus ex. shed
|
five minute
|
|
Staff bus to shed
|
eight minute
|
|
Relieved at relief point (walk/travel to meal break)
|
four minutes
|
|
Pick up at relief point (walk/travel within shift portion)
|
zero minutes
|
|
Pick up at relief point (walk/travel)
|
zero minutes
|
Walking time at each location, as agreed between the Parties
to be added to (a)-(e) where at relief point is nominated.
TABLE 6 -
EXCLUSIVE SHIFT TIMES
Exclusive Provision - Monday to Friday
DUTIES
|
UNION
|
INSTITUTE
|
GYM ATTENDANT
|
|
|
|
|
Locations
|
Hours
|
Hours
|
Hours
|
Brookvale
|
3h
|
2h 45m
|
|
Burwood
|
3h
|
2h 30m
|
|
Kingsgrove
|
3h 30m
|
3h
|
|
Leichhardt
|
2h 45m
|
2h 30m
|
|
Mona Vale
|
2h 30m
|
2h 15m
|
|
North Sydney
|
2h 30m
|
2h 15m
|
|
Port Botany
|
3h 15m
|
3h
|
|
Randwick
|
3h 15m
|
3h
|
|
Ryde
|
3h 30m
|
2h 45m
|
|
Waverley
|
3h 30m
|
3h
|
4h
|
Willoughby
|
3h
|
2h 45m
|
|
Hamilton
|
3h 35m
|
2h 15m
|
|
Belmont
|
3h 25m
|
2h 15m
|
|
EXPLORER LIAISON
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EXPLORER LIAISON
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Randwick only
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Randwick only
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Mon to Fri
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Saturday
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5h 5m
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9h 5m
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J.
P. GRAYSON D.P.
____________________
Printed by the
authority of the Industrial Registrar.