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)

 

 

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:

 

 

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:

 

 

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

 

 

Table 3 -Uniform Allowance

 

The initial issue of uniform will include the following items:

 

 

Table 4 - Sydney Meal Break, Sign On and Sign Off Allowances

 

 

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

 

 

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

 

 

EXPLORER LIAISON	EXPLORER LIAISON
Randwick only	Randwick only
Mon to Fri	Saturday
5h 5m	9h 5m

 

 

 

J. P. GRAYSON D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.