Queensland Rail Traincrew Certified Agreement 2013 QR Passenger Pty Ltd Traincrew Union Collective Workplace Agreement 2009

Transcription

1 New and Old Traincrew Agreement RTBU Comparison Queensland Rail Traincrew Certified Agreement 2013 QR Passenger Pty Ltd Traincrew Union Collective Workplace Agreement 2009 OLD Part A Formalities Part B Employment Relationship Part C Leave Part D Health and Safety Part E Growing the Business Part F Communication and Consultation Part G Termination of Employment Part H Remuneration Part I Annual Wage Related Payments Part J Hours of Work Part K Rostering Part L Operational Matters PROPOSED INTRODUCTION/WELCOME YOUR EMPLOYMENT YOUR LEAVE HEALTH, SAFETY AND ENVIRONMENT LEAVING THE BUSINESS YOUR WAGES, SUPERANNUATION AND ALLOWANCES YOUR HOURS OF WORK OPERATIONAL MATTERS AND DISPUTE RESOLUTION RTBU

2 1. Title of the Agreement PART A FORMALITIES The title of this Agreement is the QR Passenger - Traincrew Union Collective Workplace Agreement Parties to this Agreement The parties to this Agreement are QR Passenger Pty Ltd ABN (The Company) and Australian Rail Tram and Bus Industry Union, Queensland Branch ( the RTBU ); and Australian Federated Union of Locomotive Employees, Queensland Union of Employees ( the AFULE ). 3. Application of this Agreement This Agreement applies to and binds: The Company in respect of its operations in the state of Queensland; Employees working in the above work area for whom a rate of pay and classification exists in this Agreement. 4. Date this Agreement will take effect This Agreement will be effective (Subject to clause 49) from the seventh day after the date of issue specified in the notice from the Workplace Authority Director in accordance with Section 346M of the WR Act Nominal expiry date This Agreement has a nominal expiry date of four years from the date this Agreement takes effect. Title of the Agreement Queensland Rail Traincrew Certified Agreement 2013 Parties to this Agreement Queensland Rail The Australian Rail, Tram and Bus Industry Union Queensland (RTBU) Australian Federated Union of Locomotive Employees, Queensland Union of Employees (AFULE) Australian Municipal Administrative, Clerical and Services Union, Queensland Services Branch (ASU) Application of this Agreement This Agreement applies to and binds: Queensland Rail; and Employees for whom a rate of pay and classification exists in this Agreement Date this Agreement will take effect This agreement will commence 1 August 2013 Nominal expiry date This agreement nominally expires 31 July 2016 Introduction/welcome Introduction/welcome Introduction/Does this agreement cover you? Introduction/When does this agreement start and end? Introduction/When does this agreement start and end? 6. Relationship with industrial instruments This Agreement replaces and excludes all Awards and Industrial Agreements. Agreement to be available Relationship with industrial instruments This Agreement replaces and excludes all Awards and Industrial Agreements, with the exception of clause 8 of the Rail Industry Award This Agreement will be available to all employees covered by it. It will be placed on the intranet and a copy will be provided to an employee who requests it. Introduction/welcome Introduction/Does this agreement cover you? 8. Australian Fair Pay and Conditions Standard The conditions set out in this Agreement will equal or exceed those conditions in the Australian Fair Pay and Conditions Standard as set out in the WR Act or replacement legislation, and as amended from time to time. 9. Workplace policies and procedures do not form part of this Agreement The Company will develop and implement workplace policies and procedures from time to time. Such policies and procedures do not form part of this Agreement. The following policies, if changed during the life of this Agreement, will only be changed with the agreement of the parties: QR Passes Minimum conditions standard The conditions set out in this Agreement will equal or exceed those conditions in the relevant legislation, and as amended from time to time. The following policies will apply to Traincrew throughout the life of the agreement; QR Passes Legal Liability of Officers and Employees Motor Vehicle, Travelling and Living Away From Home Allowance. Introduction/welcome 2

3 Legal Liability of Officers and Employees Position Descriptions Motor Vehicle, Travelling and Living Away From Home Allowance. The overall job evaluation methodology, i.e. the evaluation/assessment of positions, will not be changed during the life of this Agreement without the agreement of the parties. No extra claims There will be no extra claims from the parties to this Agreement for the life of the Agreement. 11. Glossary of terms Interpreting this document To assist in interpreting this document, certain terms have been BOLDED as defined terms. A list of these terms is set out in Schedule 2. Introduction/welcome Introduction/Interpreting this document Term/ Abbreviation Meaning New Meaning Agreed local area means the area in which it is agreed between the Business and local workplace representatives that Traincrew can drive a motor vehicle for train operations purposes. Agreement means this union collective workplace Agreement. means this union collective Certified Agreement. Base rate of pay means the rate of pay payable to an Employee for their ordinary hours of work, but does not include any of the following: (a) (b) (c) (d) (e) incentive-based payments and bonuses; loadings, monetary allowances, overtime or penalty rates; or any other similar separately identifiable entitlements. For a full time employee, base rates of pay are the rates set out in Schedule 1. Block leisure period (BLP) Company Consult/Consultation means two or more consecutive days which are designated leisure periods. means QR Passenger Pty Ltd ABN means 2 or more consecutive calendar days which are designated leisure periods. Business means Queensland Rail means the obligations placed on the Business by the relevant legislation. Driver In Charge (DIC) (Heritage) Emergency situation (for the purpose of leave for family / emergency reasons) Emergency situation (for the purpose of rostering) Employee Foreign depot The Driver In Charge (Heritage) is to be considered a SEQ employee for the purposes of this agreement and payment, subject to the following: The position will receive the penalty allowance 2.75% lower than the applicable SEQ TOI penalty allowance. means a sudden or unforeseen occurrence demanding immediate remedy or action. means an event that is unplanned and/or not able to be predicted in advance and includes any obstruction, major signal and track failure which impedes the movement of rollingstock. It does not include rostering errors or incorrect train scheduling. means an employee of the Business. means a depot other than the employee s home depot. 3

4 Term/ Abbreviation Meaning New Meaning Full flat rate means the base rate plus the penalty allowance. The full flat rate for full time employees is set out in schedule 1. Home depot Household member Immediate family means the work location to which an employee has been appointed and which is documented on their position description means a person (e.g. an aunt, cousin or close friend) who lives with the employee. This usually applies to people who live with the employee and have a long-standing and significant relationship with the employee. means: an employee s spouse (including de facto spouse, former spouse, former de facto spouse or same sex partner) a child (including an adult child, adopted child, foster child, or step child of an employee or an employee s spouse a parent, grandparent, grandchild or sibling of an employee or an employee s spouse. Immediate family also includes a household member as defined above. In the case of bereavement leave only, immediate family also includes an employee s step-parent, step-sibling or half-sibling. Leave roster committee master roster means a committee consisting of both management and Traincrew representatives who will review and recommend depot leave rosters, which meet the business, employee and occupational health and safety requirements of the depot. means a table outlining the anticipated work required for a depot during a nominated timeframe. Full flat rate means the amount set out in clause 69 which includes compensation for: penalty loadings and allowances for working shift work penalty loadings and allowances for working weekends penalties annual leave loading (annualised) monetary allowances (excluding the additional allowances outlined in clause 53) The parties agree that the penalty allowance does not form part of employees base rate of pay as that term is used in the Fair Work Act Means an amount payable above the base rate of pay, identified in the schedule 1, representing: For SEQ employees: penalty loadings and allowances for working shift work annual leave loading (annualised) monetary allowances (excluding meal allowances) traction based loading single driver loading For Regional employees: penalty loadings and allowances for working shift work work performed on weekends annual leave loading (annualised) monetary allowances (excluding meal allowances) traction based loading DOO loading The parties agree that the penalty allowance does not form part of employees base rate of pay as that term is used in the Industrial Relations Act primary caregiver means a person who assumes the principal role of providing care and attention to a child. quarterly business consultative forum means a forum between senior management from QR Limited, QR Passenger Pty Ltd and QR Network Pty Ltd and senior employee representatives to have QR wide discussions on a quarterly basis. Delete - No longer needed. 4

5 Term/ Abbreviation Meaning New Meaning QSuper Regional Relocation Roster Committee SEQ means the State Public Sector Superannuation Scheme established by the Superannuation (State Public Sector) Deed North of Gympie North and west of Rosewood. means a situation where an employee is required to move from one centre to another which means the employee needs to move their principal place of residence. means a committee consisting of both management and Traincrew representatives who will review and formulate master depot rosters, which meet the business, employee and occupational health and safety requirements of the depot. Brisbane suburban area: LIST DEPOTS and subsequent depots created in the greater Brisbane area secondary caregiver single leisure period (SLP) workplace policies traincrew Trainee Driver means a person who is also the parent of a child but who is not the primary caregiver. means a 24 hour period commencing from 0001 hours and concluding at 2359 hours. However the total time between ceasing duty before the SLP and commencing duty after the SLP will be a minimum of 32 hours. means documents in the Business s Governance and Management Framework including but not limited to policies, board directives, standards, specifications, procedures, related documents and forms. includes employees employed in the following occupations: Drivers in Charge Train Management Improvement Officer Driver Trainer Tutor Driver Tutor Guard Locomotive Driver Guard Trainee Driver Trainee Guard Driver s Assistant Any new position which requires Traincrew qualifications created subsequent to the lodgement of this Agreement as agreed between the parties. Delete - No longer needed. It comprises a minimum 32 hour period between ceasing duty before the SLP and commencing duty after the SLP. The 32 hour period must include a calendar day. means documents in the Business s Governance and Management Framework including but not limited to policies, board directives, standards, specifications, procedures, related documents and forms. includes employees employed in the following occupations: Drivers in Charge Train Operations Inspectors Driver Trainer Tutor Driver Tutor Guard Locomotive Driver Guard Trainee Driver Trainee Guard Driver s Assistant Any new position which requires Traincrew qualifications created subsequent to the lodgement of this Agreement A Trainee Driver is an employee who is in the process of qualifying as a locomotive driver II and employed in that category and has not achieved a Driving competency. tuckerbox job means any rostered working exceeding 18 hours in duration, involving a stay at a foreign depot. 5

6 Term/ Abbreviation Meaning New Meaning workplace procedures WR Act IR Act Regional SEQ means processes for carrying out work. means the Workplace Relations Act 1996 (Cth) or replacement legislation, as amended and in force from time to time. Delete - No longer needed.? means the Industrial Relations Act 1999 (Qld) or replacement legislation, as amended and in force from time to time Formerly known as Traveltrain. Formerly known as Citytrain. National Competency Framework Transport and Logistics Industry Skills Council qualifications, skill sets and associated units of competency. New 6

7 12. Contract of employment PART B EMPLOYMENT RELATIONSHIP Employees will be engaged on a permanent or fixed term basis. Employees will be engaged to work full time or part time. Every employee will be advised in writing at the time of engagement whether their employment is on a permanent or fixed term basis. Unless otherwise specified in this Agreement, the terms and conditions of employment detailed in this Agreement apply to all employees regardless of the basis on which they are engaged. The Company s preferred method of employment is permanent employment, however the appropriate method of employment will be used to meet business and operational needs. 13. Payment of wages/salary All employees will have their remuneration paid fortnightly into a nominated financial institution. Full time employees will be paid 160 ordinary hours in every 4 week pay cycle. 14. Time and wages record The Company will keep a time and wages record on the Company s premises that contains the following particulars for each pay period for each employee: the employee's classification the Company s full name and address the name of the Agreement under which the employee is employed the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks the wage rate for each week, day, or hour at which the employee is paid whether the employee s employment is permanent or fixed term the gross and net wages paid to the employee details of any deductions made from the wages contributions made by the Company to a superannuation fund the period to which payment relates the employee's date of birth details of leave for own illness/injury and leave payments to the employee the date the employee was paid the date when the employee commenced employment if appropriate, the date when the Contract of employment Employees will be engaged on a permanent basis. Employees will be engaged to work full time or part time. Unless otherwise specified in this Agreement, the terms and conditions of employment detailed in this Agreement apply to all employees regardless of the basis on which they are engaged. Employees will not be engaged on a fixed term or casual basis. Payment of wages/salary All employees will have their remuneration paid fortnightly into a nominated financial institution no later than Wednesday, save for circumstances outside the Business s control. Full time employees will be paid 160 ordinary hours in every 4 week pay cycle. Time and wages record The Business will keep a time and wages record on the Business s premises pursuant to the requirements of the Industrial Relations Act 1999 (Qld). Your Employment/What types of employment are there? Wages, Superannuation and Allowances/When will you be paid? Wages, Superannuation and Allowances/Recorded Information 7

8 employee ends employment with the Company. The Company will keep the time and wages record for 7 years. Part-time Employment Part time employees are those who work less than full time hours. The minimum shift for a part time employee is 4 hours. Where a part time employee works a job card the minimum shift will be 6 hours which will include a meal break. 15. Part time employment Part time employees are those who work less than full time hours. The minimum shift for a part time employee is 4 hours. Part time employees will work a minimum of 24 hours in each 4 week work cycle (or less if agreed between the Business and the employee) and a maximum of 132 hours in each four week work cycle. At the time of engagement, the Business and employee will agree in writing on the number of ordinary hours to be worked per work cycle. The agreed number of ordinary hours per work cycle may only be amended by mutual agreement and will be recorded in writing. Any amendment to the normal pattern of work will be by agreement with the employee/s directly affected. Where an employee and the Business agree in writing, part time employment may be converted to full time, and vice-versa, on a permanent basis or for a specified period of time. If such an employee transfers from full time to part time (or vice-versa), all accrued entitlements will be maintained. Following transfer to part time employment accrual will occur in accordance with the clauses relevant to part time employment. Part time employees will receive leave entitlements on a pro rata basis as set out in this Agreement. Unless otherwise specified, part time employees will receive the same rate of pay and work under the same conditions as full time employees. Where necessary, modifications should be made to reflect the agreed working hours for each part time employee. A part time employee will be paid ordinary time for all hours credited, up to 132 hours irrespective of how many ordinary hours they are employed for. Excess time will be paid in accordance with clause 65. Part time employees are not subject to any restrictions in weekend working. Clauses 80 and 98 do not apply to part time employees. Clauses on ordinary hours and regional Traincrew leisure period calculation do not apply. Meal breaks will be as per the meal break clause. Ordinary hours for part time employees other than job share employees, excluding leisure periods, will not exceed 132 hours per four week cycle. Work performed on leisure periods will be paid the appropriate penalty rate. Time in excess of 132 hours per four week cycle will be paid at 170% of the employee s full flat rate. This payment for excess time will be paid at the end of each 4 week work cycle. 1. What part time arrangements may be available? Part time employees may agree in writing to perform their hours as follows: Regular and systematic hours of work at a fraction of full time counterparts, with a regular and systematic accrual of all entitlements at the same fractional rate (save for meal breaks and rest pauses) Hours of work at a fraction of full time counterparts in a block period of time that aligns with seasonal activities, such as the Royal Brisbane Show for example, with an accrual of all entitlements at the same fractional rate (save for meal breaks and rest pauses) As a job-share arrangement under the rules outlined in clause How can you become part time? Part time employees will be engaged through full time employees volunteering. Hours of work will be agreed to at the outset and rosters developed by the roster committee. The minimum Single Leisure Period (SLP)/Block Leisure Period (BLP) allocation will be the same as full time employees. Job-sharing Employees who have worked as a full time employee for a minimum of 12 months may opt to work under this arrangement with existing entitlements preserved at the date of the change. Employees may opt in or opt out to job-share one position on the master roster. Where employees opt to job-share a position, the two employees will each share a proportion of the full-time entitlements, save for meal breaks and rest pauses. Where one employee opts out of the job share arrangement, notice will be provided to the other employee and management to allow alternative Your Employment/Part time employment 8

9 arrangements to be made for the employees concerned. Work performed outside the agreed hours will be paid as excess time. Conversion to Full-time in Specific Circumstances Where an employee and the Business agree in writing, part time employment may be converted to full time, and vice-versa, on a permanent basis or for a specified period of time. If such an employee transfers from full time to part time (or vice-versa), all accrued entitlements will be maintained. Following transfer to part time employment accrual will occur in accordance with the clauses relevant to part time employment. 16. Fixed term employment Fixed term employees are those who are engaged for a specific purpose. This will be in relation to a specific task or a specific time period. 17. Probation Employees will complete an initial probation period of between 3 and 6 months. The length of the probation period will be dependent on the type of work and nature of the position. During this period the employee s work performance, behaviour and suitability for ongoing employment will be assessed. The probation period and applicable conditions are to be agreed between the Company and the employee in writing at the time of appointment. After commencing employment employees will be advised of the performance and behaviour standards required. During the probationary period, employees will be provided with ongoing feedback that is constructive and proactive. In addition, there will be at least 1 review of the employee s performance. At this review, the employee will be given feedback on their performance and the opportunity to address any identified problems. Where agreed, an employee s probation may be extended once only for a period of up to 6 additional months. However, the total length of a probationary period will not exceed 12 months. 18. Vacancies Subject to the exceptions in this clause, where vacancies are identified they will be, as far as practicable, advertised in the weekly notice. The Company is not required to advertise vacancies in the following circumstances: vacancies a. Identical or recurring Where a vacancy is filled on an order of merit basis and: an identical or recurring vacancy becomes available within a twelve month period from the initial advertisement and The Company considers that readvertising is unlikely to vary the quality of the existing applicant pool The Company may appoint an employee to the identical or recurring vacancy based on the outcome of the previous order of merit process. For the purposes of this clause, vacancies will be considered identical or recurring where they either share the same job description or have such a close Delete agreed not to employ fixed term employees Probation At commencement of employment, Employees will complete an initial probation period of 3 months. This does not apply to employees appointed prior to the commencement of this Agreement. Should the employer and employee determine a shorter or longer probation period, this will be captured in a written agreement prior to the employee s commencement. Delete move into clause 19 Your Employment/Probation Period 9

10 similarity or resemblance as to be essentially the same, including with respect to the classification level and geographic region of the vacancy. b. Registered employee in transition Where the employee is a registered employee in transition and they: demonstrate an ability to meet the essential requirements of the vacant position and can perform the duties or do so with relevant training and support and are substantively at the same or a comparable classification level. c. Promotion without advertisement Where a position s duties are modified and the position is subsequently re-evaluated 1 classification level higher and the incumbent in that position: has been appointed to that position through a merit process for their substantive position has been undertaking the position for greater than 24 months is satisfactorily meeting all of the performance objectives of the position and the new appointment is approved by the Recruitment Centre Manager and Divisional Manager through a business case. In the event that an employee is appointed to a higher classification level in accordance with this subclause, and the employee s position is again modified and subsequently re-evaluated another classification level higher, then this exemption will no longer apply and the relevant vacancy must be advertised. d. Progression based on competency Where an employee is in a classification stream that provides an entitlement to progression based on successful completion of training and work experience and the employee s hiring manager has recommended that the employee be appointed to the next pay point. e. Train driver recruitment Parties acknowledge the usual method of recruitment for full time Driver positions into the company is to select from existing employees employed as guards. It is intended this usual method of recruitment will continue, however the Company may consider other alternative methods to meet business and operational needs. 19. Transfer guidelines The parties agree the Traincrew Transfer Guidelines 2009 apply. These guidelines include a ratio of 80% direct recruitment and 20% eligible driver transfers in any one year. The parties agree the Guidelines will only be changed by agreement. How are employees recruited or transferred to positions? A decision will be made by the Business at the outset whether the position/s in question require transfer or recruitment. Recruitment will then be undertaken in one of the following ways. Vacancies will be advertised in the appropriate Queensland Rail publication, appointments will be appear in the appropriate Queensland Rail publication. Driver Recruitment A selection process will be undertaken through the following steps: Step 1 Driver transfer within the Business.* Step 2 Trainee driver roles will be advertised to current qualified guards. Step 3 Any vacancies not filled by step 1 or step 2 will be advertised Business wide and externally (including external qualified Drivers). Your Employment/Recruitment 10

11 Guard Recruitment 20. Anti-Discrimination, workplace diversity and equity considerations The Company and its employees are subject to the Anti-Discrimination Act 1991 (Qld) and the WR Act and other relevant Federal and State legislation. The Company recognises the importance of workplace diversity, balancing work and life, and equity considerations. The parties support: The creation of conditions whereby the Company uses the skills and abilities of all workers to meet the needs of the Company The removal of unlawful discrimination from all employment practices Regard for the basic human right of each individual to be treated with respect and dignity The right of each employee to be considered for employment and promotion for which they are skilled and qualified The right of each employee to compete with others for positions on the basis of their skills, talents, capabilities and willingness and not to be denied fair selection appraisal or to be excluded during the process by inappropriate rules or attitudes The needs of Equal Employment Opportunity (EEO) target group members by recognising the impact of workplace conditions and practices upon them and taking measures to ensure they are not disadvantaged. A selection process will be undertaken through the following steps: Step 1 Guard transfers within the Business. Step 2 The vacant trainee guard roles will be advertised Business wide. Step 3 Any vacancies not filled at step 1 or step 2 will be advertised externally Transfers Transfers will be filled through the highest accumulation of transfer points. A transfer point is accumulated for every year (or part there of) in the relevant grade. In situations where points are of equal value the following additional criteria will be used: Length of Service in Traincrew; Length of Service in the Business and its former entities. Applicants applying for vacant positions need to be in the relevant grade. *Driver transfers from Queensland Rail regional depots to SEQ will be appointed to Mayne depot until 1 August After this date all Driver transfers will be filled by the above process to the depot where the vacancy exists. Anti-Discrimination, workplace diversity and equity considerations The Business recognises the importance of workplace diversity, balancing work and life, and equity considerations. The Business and its employees are subject to obligations created under the relevant legislation. Health Safety and Environment/ Everyone is responsible 11

12 21. Short term leave PART C LEAVE For the purposes of this clause, short term leave means any approved paid leave (in accordance with this Agreement) of 4 consecutive shifts or less in duration. To avoid doubt, shifts will be deemed consecutive even when broken by a designated leisure day. Employees who take short term leave will be debited leave accruals as per the length of shift in the posted roster up to a maximum of 8 hours per shift. Employees who take short term leave beyond the posted roster will be paid in accordance with the master roster up to a maximum of 8 hours. These hours of leave will be deducted from the employee s accrued leave where applicable. EXAMPLE 1 Dated Roster Hours Where on a particular day an employee was rostered on for 6 hours and the employee notifies the Business they will be absent for that shift (1 day in duration) due to personal sickness, the employee s sick leave accruals will be debited by 6 hours and 6 hours will be credited to their work cycle. EXAMPLE 2 Beyond Dated Roster When an employee s master roster was for a shift duration of 6 hours and the employee has pre-approved leave for that shift (1 day in duration), the employee s annual leave accruals will be debited by 6 hours and 6 hours will be credited to their work cycle. EXAMPLE 3 AFD or Available on dated rosters/master roster The depot shift average will be credited to the work cycle for these days. The employee s leave accruals will be debited by this depot shift average to the maximum of 8 hours. 22. Short term leave on tuckerbox jobs Employees will be deemed unavailable for the entire rostered job (forward and return journey), when reporting sick prior to the commencement of a tuckerbox job, Employees who take short term leave on tuckerbox jobs will be credited for the hours rostered to work according to the posted roster up to a maximum of 8 hours. These hours of leave, up to 8 hours, will be deducted from the employee s accrued leave where applicable. In the event the employee reports back for duty, on or before the day of the return journey, only the hours of the forward journey shift will be debited from the appropriate leave balance. The hours worked will be credited to their work cycle. 23. Long term leave Where leave is taken for a period in excess of 4 consecutive shifts, 8 hours will be deducted from the relevant leave balance and employees will have 8 hours credited to cycle time for every calendar day that is allocated a work day in the master roster. No more than 80 hours will be debited from relevant leave balances, and credited to cycle time in any fortnightly pay cycle. 24. Annual leave 24.1 Entitlement to annual leave Leave/Your leave entitlements No Change Leave/Your leave entitlements No Change Leave/Your leave entitlements No Change Leave/Your leave entitlements Permanent and fixed term full time traincrew accrue 5 weeks (200 hours) annual leave per complete year of service. Part time traincrew accrue the same number of weeks annual leave as full time employees. However, part time employees accrue annual leave hours on a pro rata basis. Accruals are credited at least fortnightly. Employees accrue a proportionate amount of annual leave per incomplete year of service. Annual leave Entitlement to annual leave Permanent full time Traincrew accrue 5 weeks (200 hours) annual leave per complete year of service. Accruals are credited at least fortnightly Taking annual leave Employees must obtain approval from the delegated manager before taking annual leave. Approval will be subject to the business and operational needs of the Company, however, approval will not be unreasonably withheld. Where agreement cannot be reached through initial discussions with an employee, the Company may direct an employee to take up to ¼ of their total annual leave if they have accumulated more than 2 Excess Annual Leave Where mutual agreement cannot be reached with an employee, the Business may direct an employee to take up to ¼ of their total annual leave if they have accumulated more than 2 years accrual of annual leave. In such situations, employees will be given at least 14 days notice. Leave/Your leave entitlements 12

13 years accrual of annual leave. In such situations, employees will be given at least 14 days notice Leave Rosters Leave roster committees will develop annual and long service leave rosters for Traincrew. Each employee classification will have a separate leave committee, and will develop leave rosters for all employees in that classification. Bundaberg depot will have its own leave committee. When allocating leave, the committees must observe the following guidelines: No more than 10% of drivers and 10% of guards will be approved leave at any one time. No more than 10% of Citytrain tutor drivers and 10% of tutor guards will be approved leave at any one time. No more than 10% of the total number of driver trainers, TMIOs and DICs will be approved leave at any one time. No more than 10% of the total number of drivers and tutor drivers in Traveltrain depots will be approved leave at any one time. Prior to commencing their training program, trainee drivers must resubmit any pre-approved leave to the Company for review. Approval of the leave will be at the Company s discretion. After the leave rosters have been developed, they will be submitted to the Company for approval. A maximum of 2 weeks annual leave will be granted while a trainee driver is participating in the Driver Training Program. Leave will not be approved during the theory component of the program. The Company may approve leave applications above 10% at any one depot and/or across classifications. The Company and employees will develop and implement guidelines to assist the Leave Roster Committees to fulfil their role. Such guidelines will sit within an LOP in accordance with Clause Payment of annual leave Employees will be paid annual leave at the full flat rate of pay received by the employee immediately before taking annual leave subject to clause 58. Annual leave loading will not be paid to employees as this loading is incorporated into the penalty allowance and the full flat rate Cashing out annual leave a. Overall cashing out limit Full time employees are able to cash out a maximum of 1 week (40 hours) of annual leave per 12 month period. Part time employees are able to cash out a maximum of 1 week of annual leave per 12 month period and will be paid on a pro rata basis. Annual Leave Rosters Leave roster committees will develop annual rosters for Traincrew to meet operational requirements. Each employee classification will have a separate leave committee, and will develop leave rosters for all employees in that classification. An employee may request annual leave outside of the annual leave roster creation process. Leave will not be unreasonably withheld. The number of employees on long service leave will not affect the allocation of annual leave. A process will be captured in an LOP as agreed guidelines for allocating annual leave numbers. Payment of annual leave Employees will be paid annual leave at the full flat rate of pay received by the employee immediately before taking annual leave subject to any applicable higher grade payments Annual leave loading will not be paid to employees as this loading is incorporated into the penalty allowance and the full flat rate. Cashing out annual leave Employees with 12 months service may voluntarily apply in writing to cash out a portion of their accrued annual leave. Employees are able to cash out accrued annual leave in excess of 400 hours. Employees who do not have excess leave may cash out a maximum of 1 Leave/Your leave entitlements Leave/Your leave entitlements Leave/Your leave entitlements 13

14 Annual leave can be cashed out as specified in clauses 24.5.b and 24.5c. Employees who cash out annual leave under clauses 24.5b and 24.5.c will have that amount of leave (and loading if applicable) deducted from their balance. b. Donating annual leave From time to time employees may like to financially assist other employees or their families who are experiencing a serious, life threatening illness or injury, or who have died. In these circumstances, the Company may arrange a donation process for employees to assist fellow employees or their families. In such situations a full time employee can voluntarily elect (in writing) to donate between 1 day (8 hours) and 5 days (40 hours) of accrued annual leave to the specific employee or their family. Part time employees can donate between 1 and 5 days which will be paid on a pro rata basis. Employees may only donate leave where they have taken a minimum of the equivalent of 1 year s accrual (5 weeks) of annual leave in the previous 12 months. The cash value of the donated leave (and loading if applicable) forms part of the employee s taxable income for the year, therefore, the Company will deduct the relevant amount for taxation purposes. c. Cashing out annual leave Employees with 12 months service may voluntarily apply to cash out a portion of their accrued annual leave under the following conditions: week per 12 month period. All cash outs will be deducted from leave balances. An employee can only make application where the employee has taken a minimum of the equivalent of 1 year s accrual (5 weeks) of annual leave in the previous 12 months. In considering the employee s application, the business will take into account the potential impact on the employee in terms of workplace health and safety. The cashed out annual leave (and loading if applicable) forms part of the employee s taxable income for the year, therefore, the Business will deduct the relevant amount for taxation purposes. Donating annual leave From time to time employees may like to financially assist other employees or their families who are experiencing a serious, life threatening illness or injury, or who have died. In these circumstances, the business may arrange a donation process for employees to assist fellow employees or their families. In such situations a full time employee can voluntarily elect (in writing) to donate between 1 day (8 hours) and 5 days (40 hours) of accrued annual leave to the specific employee or their family. Part time employees can donate between 1 and 5 days which will be paid on a pro rata basis. The application will be in writing. The employee can only make application where the employee has taken a minimum of the equivalent of 1 year s accrual (5 weeks) of annual leave in the previous 12 months. The portion of annual leave to be cashed out in any 12 month period is no greater than 1 week (40 hours) for full time and part time employees. Payment will be pro rata for part time employees. Employees may make such an application at a time/s each year designated by the Company or in conjunction with taking a period of annual leave of at least the same duration as the amount of leave the employee is applying to cash out. In considering the employee s application, the Company will take into account the potential impact on the employee in terms of workplace health and safety. The cashed out annual leave (and loading if applicable) forms part of the employee s taxable income for the year, therefore, the Company will deduct the relevant amount for taxation purposes Illness while on annual leave Employees on annual leave, who become ill during the period of annual leave, may claim leave for own illness/injury instead of annual leave and loading (if applicable) subject to the following conditions: The employee s supervisor is promptly notified of the circumstances during the period of the illness and the approximate duration of the illness The period of illness exceeds 3 days Evidence of illness is supplied in Illness while on leave Employees on leave, who become ill during the period of leave and have evidence of that illness, may claim for that leave to be re-credited to their account and replaced with sick leave if the period of illness exceeds 3 days. Leave/Your leave entitlements 14

15 accordance with clause If leave for own illness/injury in lieu of annual leave is approved by the delegated manager, the employee s annual leave and loading balances (if applicable) will be adjusted accordingly, and payroll deductions for leave loading will occur (if applicable). 25. Long service leave 25.1 Operation of this clause The provisions in this clause are intended to work in conjunction with the provisions of the Industrial Relations Act 1999 (State Act) in respect of long service leave (including those provisions of the State Act that deal with continuity of service for the purposes of long service leave) (State LSL Laws). Where there is a difference or inconsistency between the provisions of this Agreement and the provisions of the State LSL Laws in respect of long service leave, the provisions of this Agreement will prevail and replace the relevant State LSL laws to the extent of that inconsistency or difference. The parties acknowledge that the entitlements to long service leave provided for under this clause are more favourable than the entitlements to long service leave under the State LSL laws (at the time of lodgement) Accumulation of Leave The parties agree that long service leave will accumulate in the manner set out in the State LSL Laws save that employees will accumulate 9.1 weeks (being 364 hours) long service leave after 7 years continuous service (as compared to weeks leave after 10 years continuous service under the State LSL Laws) Entitlement to long service leave (a) (b) (c) (d) On completion of 7 years continuous service, employees will have accrued 9.1 weeks (364 hours) of long service leave (1.3 weeks or 52 hours per year). For any continuous service beyond 7 years, employees will accrue a pro rata amount of long service leave at the rate of 1.3 weeks per year. Part time employees accrue 9.1 weeks of long service leave over 7 years, however this is paid on a pro rata basis. Casual employees may accrue continuous service towards long service leave provided they are re-engaged on a casual or other (e.g. fixed term or permanent) basis within 3 calendar months of the date of their employment with the Company ceasing. The amount of long service leave that accrues is based on the total aggregated hours employed as a casual. A casual employee may only access their accrued long service once they have 7 years of service. The 7 year period restarts if the employee is not re-engaged within 3 months. Long service leave Operation of this clause The provisions in this clause work in conjunction with the provisions of the Industrial Relations Act 1999 (Qld) in respect of long service leave (including those provisions of the State Act that deal with continuity of service for the purposes of long service leave) (State LSL Laws). Where there is a difference or inconsistency between the provisions of this Agreement and the provisions of the State LSL Laws in respect of long service leave, the provisions of this Agreement will prevail and replace the relevant State LSL laws to the extent of that inconsistency or difference. The parties acknowledge that the entitlements to long service leave provided for under this clause are more favourable than the entitlements to long service leave under the State LSL laws (at the time of lodgement). Delete covered in points above Entitlement to long service leave On completion of 7 years continuous service, employees will have accrued 9.1 weeks (364 hours) of long service leave (1.3 weeks or 52 hours per year). For any continuous service beyond 7 years, employees will accrue a pro rata amount of long service leave at the rate of 1.3 weeks per year. Part time employees accrue 9.1 weeks of long service leave over 7 years, however this is paid on a pro rata basis. Leave/Your leave entitlements Leave/Your leave entitlements 25.4 Payment of long service leave (a) Applicable payments The parties acknowledge that this Agreement marks a change in the way Payment of long service leave Leave accrued up to and including 7 July 2009 will be considered preserved and paid for at the base rate applicable at the time of taking leave. Leave accrued from 8 July 2009 will be paid at the full flat rate applicable at the Leave/Your leave entitlements 15

16 traincrew employees have accumulated an entitlement to long service leave. Prior to the commencement of this Agreement, traincrew employees accrued an entitlement to paid long service leave on the basis of an employee s base rate of pay only. From the commencement of this Agreement, however, the parties agree that long service leave attributable to continuous service accrued after the commencement of the full flat rate (under schedule 1) will be paid on Traincrew employees base rate and penalty allowance (identified in this Agreement as the full flat rate). It is fundamental to the Company s agreement to provide the long service leave entitlements under this Agreement, that the higher full flat rate only applies to entitlements accrued as a result of continuous service provided after the full flat rate commences. Accordingly, both: I. all existing long service leave entitlements as at the date the Full Flat Rate commences; and II. all future long service leave entitlements that are based on service performed prior to the date the full flat rate commences, will be preserved (Preserved LSL Entitlements) and be paid at the base rate of pay. (at the time the leave is taken or paid in lieu whether pursuant to clause 25.6 or on termination of employment). Penalty payment days - Where a nominated penalty payment day as described in clause 67 falls within a period of long service leave, the day will be paid as a public holiday and not as long service leave Intention of parties It is the intention of the parties that: time of taking leave. Leave accrued after 8 July 2009 will be drawn on first. Penalty payment days - Where 1 January, 25 December and/or Labour Day falls within a period of long service leave, the day will be paid as a public holiday and not as long service leave. Taking Long Service Leave Employees must obtain approval before taking long service leave. Approval must not be unreasonably withheld. (i) (ii) payment of the full flat rate is contingent on the payment of Preserved LSL Entitlements being paid at the base rate; and long service leave that accrues on the basis of service performed after the introduction of the full flat rate will be paid at the full flat rate. To be clear should there be any changes to legislation such that the Company may become liable to pay for Preserved LSL Entitlements at any rate above the base rate of pay, the parties agree to Delete (a) (b) take all reasonable steps to ensure that their agreement to pay the Preserved LSL Entitlements at the base rate of pay be preserved; and in the event that the parties agreement cannot be preserved, take all reasonable steps to modify arrangements in such a way as to ensure the cost implications of the agreement not being preserved are limited to the cost that would have been incurred but for the legislative change. 16

17 25.6 Meaning of aggregate allowance For the avoidance of doubt, the parties acknowledge that the penalty allowance does not form part of employee s Base Rate of Pay as that term is defined in the Fair Work Act Cashing out long service leave Employees with 7 or more years of service may apply to cash out a portion of their accrued long service leave under the following conditions: The application will be in writing. Employees must have at least 9.1 weeks of long service leave remaining after they have cashed out a portion of their long service leave. Employees may make such an application at a time/s each year designated by the Company or in conjunction with taking a period of long service leave. In considering the employee s application, the Company will take into account the potential impact on the employee in terms of workplace health and safety. The cashed out long service leave forms part of the employee s taxable income for the year, therefore, the Company will deduct the relevant amount for taxation purposes. Employees who cash out long service leave will have that amount of leave deducted from their balance Salary sacrificing long service leave to superannuation At a time/s each year designated by the Company, employees with 7 or more years of service and who are entitled to long service leave may apply to salary sacrifice long service that they would otherwise accrue in the future. Employees may apply for this under the following conditions: The application will be in writing. Employees must have at least 9.1 weeks of long service leave at the time of making the application. In considering the employee s application, the Company will take into account the potential impact on the employee in terms of workplace health and safety. Employees who salary sacrifice long service leave will not have the relevant amount of leave added to their long service leave balance. The ability to salary sacrifice long service leave will be available to employees from 1 July Illness while on long service leave Employees on long service leave who become ill during the period of long service leave, may claim leave for own illness/injury instead of long service leave subject to the following conditions: The employee s supervisor is promptly notified of the circumstances during the period of the illness and the approximate Delete refer to full flat rate in glossary Cashing out long service leave Employees with 7 or more years of service may apply in writing to cash out a portion of their accrued long service leave under the following conditions: Employees must have at least 9.1 weeks of long service leave remaining after they have cashed out a portion of their long service leave. Salary sacrificing long service leave to superannuation Employees with 7 or more years of service and who are entitled to long service leave may apply in writing to salary sacrifice long service that they would otherwise accrue in the future. The employees must have at least 9.1 weeks accruals after salary sacrificing. Delete contained in new 24.6 Employees on leave, who become ill during the period of leave and have evidence of that illness, may claim for that leave to be re-credited to their account and replaced with sick leave if the period of illness exceeds 3 days. Leave/Your leave entitlements Leave/Your leave entitlements 17