Australian Rail Track Corporation Services Company Pty Ltd. Australian Rail Track Corporation Services Company Enterprise Agreement 2008

Transcription

1 Australian Rail Track Corporation Services Company Pty Ltd Australian Rail Track Corporation Services Company Enterprise Agreement 2008 Page 1 of 37

2 Contents Clause Page 1. Introduction Introduction What will this Agreement be officially known as? Who is covered by this Agreement? What is the term of this Agreement? Who is bound by this Agreement? What do the words mean in this Agreement? What is the probationary period? Will there be an induction before I commence my employment with ARTC Services Company? Can any extra claims be made under this Agreement? Objectives, Principles and Terms and Conditions of Employment under this Agreement What are the objectives of this Agreement? What are the main principles of this Agreement? What are my terms and conditions of employment under this Agreement? How We Will Work Payment of Salary When will I be paid? How will I be paid? Employment Categories What categories of employment could I be employed under in this Agreement? What is a full-time Employee? What is a part time employee? What is a temporary employee? Work Locations Where will I be required to work? Hours of Work What are my ordinary hours of work over a 28 day period? What overtime payments will I receive? What rest periods will I receive? What meal breaks am I entitled to? Can I be required to work at places other than my designated work location? Organisational Change and Redundancy What happens when there is Organisational Change? What is Redundancy? Remuneration and Related Classification and Salary Structure What is my salary and classification level? What is included in my Total Remuneration Package (TRP)? Can I participate in ARTC Services Company Bonus Plan? Shift Work and Public Holidays Will I be required to perform shift work?...15 Page 2 of 37

3 3.2.2 What will I be paid for working an afternoon shift? What will I be paid for working a night shift? What will I be paid if I am rostered to work on a Public Holiday? On-call / Call-out Will I be required to participate in on-call rosters and attend callouts? What will I be paid for a call-out? What will I be paid if I am on call? Travelling Away from Home Can I be required to work at locations which will temporarily require me to travel away from home and stay overnight? What happens if I am required to travel away from home and stay overnight? What will I be paid when I am required to travel away from home and stay overnight? Carrying out Higher Duties Can I be required to carry out higher duties? How will I be paid if I am carrying out higher duties? Balancing Work and Life Annual Leave Who is entitled to be paid annual leave? How much annual leave am I entitled to? Will I be given any notice when annual leave is to commence? If I have additional recreational leave will I receive any additional annual leave? Do I receive any additional payments whilst I am on annual leave? Sick Leave How much sick leave am I entitled to? What do I do if I am sick? What happens if I am sick for a long period of time? Carer Leave What is carer leave? What does immediate family or household member mean? What is my carer leave entitlement? What if I have run out of carer leave but need to care for an immediate family of household member? What do I do if I need to use carer leave? Compassionate and Bereavement Leave What are compassionate and bereavement leave and to what extent am I covered? What if I need leave to cover bereavement or compassionate circumstances for someone close to me but they are not an immediate family or household member? Public Holidays What is my entitlement to public holidays? What if the public holidays fall on a weekend? Long Service Leave What is my entitlement to long service leave? Parental Leave...21 Page 3 of 37

4 4.7.1 Who is entitled to maternity leave? What is my entitlement to maternity leave? How much paid maternity leave am I entitled to? Do I receive any paternity leave or adoption leave? Other Leave What leave am I entitled to if I am required to serve on a jury (jury duty)? Am I entitled to emergency services leave? Can I take military leave? Am I able to take time off work to give blood? Am I entitled to bone marrow or kidney donor s leave? Health, Wellbeing and Safety Work Clothing and Personal Protective Equipment Will I be given clothes for work? Who is responsible for my issued work clothes and personal protective equipment? Will ARTC Services Company provide amenities at work? Will First Aid Equipment be provided by ARTC Services Company? Resolution of Workplace Disputes Dispute Settlement Procedure What process do I follow to resolve a dispute in relation to my work with ARTC Services Company? Signatories...26 Appendix A...27 Page 4 of 37

5 1. Introduction 1.1 Introduction What will this Agreement be officially known as? This agreement will be known as the Australian Rail Track Corporation Services Company Enterprise Agreement 2008 ( Agreement ) Who is covered by this Agreement? You are covered by this Agreement if you are an employee of the Australian Rail Track Corporation Services Company Pty Ltd in one of the classifications contained in Clause of this agreement in the maintenance of signals and control systems in South Australia (defined as the standard gauge main rail line extending Kalgoorlie, Alice Springs, Adelaide, Whyalla, Wolseley and Broken Hill). During its period of operation, the Agreement will replace all other relevant awards and agreements, which would otherwise apply to you and ARTC Services Company. The parties acknowledge that it is the intention of this Agreement to be an all encompassing Agreement. It is further acknowledged that it is the express intention of the parties not to create obligations on ARTC Services Company or its employees as a result of this clause that are not provided for by this Agreement and that do not already exist at the time of approval of this Agreement. Where there is any inconsistency between this Agreement and the relevant award, this Agreement will prevail. Variations to the relevant award made during the life of this Agreement will not apply for the term of the Agreement What is the term of this Agreement? This Agreement will come into operation from the date of approval by the Workplace Authority and will remain in force for a period of three years from this date unless terminated earlier in accordance with the Workplace Relations Act 1996 (Act) Who is bound by this Agreement? This Agreement will be binding upon Australian Rail Track Corporation Services Company Pty Ltd ( ARTC Services Company ), the Australian Rail, Tram and Bus Industry Union ( RTBU ) and employees of ARTC Services Company employed in one of the classifications in Clause of this Agreement. Page 5 of 37

6 1.1.5 What do the words mean in this Agreement? The definitions of the words used in this Agreement are as follows: Act means Workplace Relations Act 1996; AIRC' means Australian Industrial Relations Commission; ARTC means Australian Rail Track Corporation Ltd; ARTC Services Company means Australian Rail Track Corporation Services Company Pty Ltd; Designated work location means the provisioning centre or other location you are appointed to and where you are ordinarily expected to report for duty; 'Employee' means an employee of ARTC Services Company; Nominal Salary Rate means 91.74% of an employee s Total Remuneration Package, that is, your Total Remuneration Package less the Super Guarantee Contribution; RTBU or Union means the Australian Rail, Tram and Bus Industry Union; TRP means Total Remuneration Package What is the probationary period? Employment with ARTC Services Company is subject to a probation period of three (3) months. During the probationary period, ARTC Services Company or you may terminate your services on giving seven (7) days notice or payment of one weeks pay in lieu of notice Will there be an induction before I commence my employment with ARTC Services Company? Yes. Prior to confirmation of employment with ARTC Services Company you will undertake an induction which will cover the nature of ARTC Services Company, the provisions of this Agreement, workplace safety, specific issues applying to the sites such as environmental issues and Aboriginal sacred sites and ARTC policies and procedures including Drug and Alcohol Policy. Employment can only be confirmed upon written confirmation by you that you have understood and accepted the terms and conditions of the Agreement and the terms, obligations and responsibilities of all areas covered by the induction. Page 6 of 37

7 A copy of this Agreement will be made available to you during induction and confirmation of employment. At the time of engagement you will acknowledge in writing that you have completed the induction process. ARTC Services Company requires you to successfully complete a medical examination, prior to your confirmation of employment Can any extra claims be made under this Agreement? No. This Agreement provides the only means by which you are to receive remuneration and conditions during its life. There will be no extra claims in relation to remuneration or conditions during the terms of the Agreement. 1.2 Objectives, Principles and Terms and Conditions of Employment under this Agreement What are the objectives of this Agreement? The objectives of this Agreement are: To support the values and business objectives of ARTC Services Company; Provide employees with access to rewarding and satisfying jobs; and Result in efficient and continuously improving operations What are the main principles of this Agreement? The following principles have been agreed to ensure that work groups have a shared commitment which compliments the direction and values for ARTC Services Company. These will be applied progressively as the circumstances permit: Work group objectives, to achieve ARTC Services Company mission and goals, including productivity or output standards, will be jointly agreed between the work group and management. Work groups are then responsible and accountable for these being met; Work groups will have sufficient authority and independence to manage their own work; Work groups will have access to timely and clear feedback on their performance in relation to agreed objectives and standards; The division of how work group tasks are assigned to employees and how they are co-ordinated in detail is by work group direction; Work groups are responsible for planning their work; Page 7 of 37

8 Work group members will perform a significant range of operational, technical or interpersonal functions to enable the work of the group to be completed; Work groups are to be trained in and will apply a range of operational, technical, and interpersonal skills; Non routine aspects of the work are to be carried out using creative problem solving methods; Work groups must have clear simple lines of communication with management, other work groups and other key groups and individuals; Arrangements with other ARTC Services Company units regarding services which support work groups will be agreed and straightforward; The environment, including management is to be characterised by open communications, delegation and consultation; The formal and informal reward systems will support co operative relationships rather than encouraging competition and conflict; Work groups will consider the impact of their actions on other group, customers and suppliers What are my terms and conditions of employment under this Agreement? It is a term and condition of your employment that you will: Become entitled to payment of the TRP prescribed herein; be available, ready and willing to perform such work in accordance with this Agreement; Comply with any request of ARTC Services Company to work reasonable overtime in excess of the rostered hours under the conditions of this Agreement; Recognise the requirement of ARTC Services Company to have an appropriate mix of classifications and skills; Properly use all appropriate protective clothing and equipment provided by ARTC Services Company for specified circumstances; Page 8 of 37

9 Use any technology and perform any duties, which are within the employee s skills, competence and training, which can safely and legally be performed; Understand that termination of employment will be based on job requirements and work performance; Adhere to all start and finish times for all work periods; Participate in developing and implementing work methods that are designed to improve ARTC Services Company performance; Comply with Dispute Resolution Procedure of this Agreement; Employment may be terminated by ARTC Services Company or yourself in accordance with the Act. Your contract may be terminated without notice for serious misconduct or other sufficient cause. You will undertake any task that you are competent to perform and the parties will ensure that the tasks are safe, legal and within the classification structure to this Agreement. 2. How We Will Work 2.1 Payment of Salary When will I be paid? You will be paid fortnightly in arrears How will I be paid? ARTC Services Company will electronically pay you directly into your nominated bank account. On each pay day or shortly thereafter you will be given a statement of your earnings and details of any deductions made. Work Group Leaders are responsible for recording personnel details for themselves and work group members under their control. 2.2 Employment Categories What categories of employment could I be employed under in this Agreement? Under this Agreement, you will be employed under one of the following categories: Permanent; and Temporary. Page 9 of 37

10 2.2.2 What is a full-time Employee? If you are a full-time employee you will be employed by the fortnight What is a part time employee? If you are a part time employee, you will be required to work a regular pattern of hours averaging less than 38 hours per week, on a permanent, temporary or fixed term basis as provided for in this Agreement. The agreed hours will be the contract hours of work. Contract hours can only be varied in writing, by agreement between you and ARTC Services Company. The daily starting and finishing times and daily/weekly hours of work will be agreed at your commencement of employment and provided to you in writing. If you are a part time employee, you will not be required to work additional hours beyond your agreed minimum hours, but you may be offered the opportunity to do so. Where you agree to work additional hours, payment for these hours will be single time rates up to the number of ordinary hours for an equivalent permanent full time employee. Leave entitlements and remuneration will apply pro-rata to part time employees on the basis that ordinary hours for full time employees are 38 hours per week What is a temporary employee? If you are a temporary employee, you may be employed on a full time basis: For a fixed period no longer than 24 months; or For a specified project, with a specified start and anticipated finish date, in a role not required on an ongoing basis. An offer of temporary employment will specify the fixed period of the employment or the parameters and expected duration of the project. Temporary employees will have any untaken annual leave paid out on termination. 2.3 Work Locations Where will I be required to work? You will start and finish work at the designated areas and if your designated start and finish place is to be altered you will be given one months notice of the change. Page 10 of 37

11 2.4 Hours of Work What are my ordinary hours of work over a 28 day period? If you are a full-time employee, the ordinary hours of work are to be an average of 38 per week but not exceeding 152 hours in 28 days. The minimum rate to be paid for ordinary time worked between midnight on Friday and midnight on Saturday will be time and a half. The minimum rate to be paid for ordinary time worked between midnight on Saturday and midnight on Sunday will be double time. The pattern of work may require that ordinary hours of work are to be worked continuously on any day of the week between 6.00am and 6.00pm, except for meal breaks. Any time worked in excess of eight hours on any one day is to be paid for at overtime rates. However, any work performed prior to the spread of hours which is continuous with ordinary hours is to be regarded as part of the 38 ordinary hours of work. A maximum of 12 hours may be worked on any one day. By agreement between ARTC Services Company and any of its employees, work may be carried out in a continuous period not exceeding 19 days in any 28 day period where required to meet pre planned project work. Any proposal to change the ordinary hours of work arrangement must meet all relevant occupational health and safety requirements and, in particular, fatigue management principles. Such work will be paid at appropriate penalty rates for any weekends worked during such period. Where an employee performs such a working pattern, they will be entitled to additional recreational leave as provided in clause (Additional Recreational Leave) What overtime payments will I receive? For all work performed outside ordinary hours on any day the overtime rates of pay are time and one half for the first three hours and double time thereafter until the completion of the overtime work. All overtime is calculated on your nominal salary rate. The minimum rate to be paid for hours worked between midnight on Friday and midnight on Saturday will be time and one half for the first three hours and double time thereafter. The minimum rate of pay for hours worked between midnight on Saturday and midnight on Sunday will be double time. For the purposes of this clause ordinary hours means the hours worked in accordance with clause of this Agreement. Page 11 of 37

12 An employee may elect, with the consent of ARTC Services Company, to take time off in lieu of payment for overtime at a time or times agreed with ARTC Services Company. Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, which is an hour for each hour worked. In computing overtime, each day s work will stand alone. ARTC Services Company may require any employee to work reasonable overtime at overtime rates and the employee will work overtime as required. By agreement between ARTC Services Company and the individual employee, the ten hour break provided for in clause of this agreement may be reduced to a period no less than eight hours What rest periods will I receive? When overtime is necessary it will, wherever reasonably practicable, be so arranged that you have at least ten (10) consecutive hours off duty between the work of successive days. If you work so much overtime between the termination of your ordinary work on one day and the commencement of ordinary work on the next day so that you have not had at least ten consecutive hours off duty between those times you will, subject to this clause, be released after completion of such overtime until you have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence What meal breaks am I entitled to? You will be allowed an unpaid meal break of 30 minutes per shift. Meal breaks should be organised so as to ensure continuity of work and taken in a flexible manner at any time during the shift to suit the needs of the work group. A meal break should be taken within five (5) hours of commencing the shift. If, at the discretion of management, you work over the fifth hour without a break, you will be paid time and one half your hourly rate for each hour worked after the fifth hour until a break is taken. If you work greater than ten (10) hours you will be allowed a crib break of twenty minutes without deduction of pay. The crib break will be organised to ensure continuity of operations Can I be required to work at places other than my designated work location? Yes. You will start and finish work at the designated areas and if your designated start and finish place is to be altered you will be given one months notice of the change. Page 12 of 37

13 2.5 Organisational Change and Redundancy What happens when there is Organisational Change? Where ARTC Services Company intends to make significant changes to its organisational structure it acknowledges the need for prior advice and consultation with affected employees, and their representatives, prior to implementation of the changes. In regard to significant or major changes ARTC Services Company will also provide written advice to relevant persons nominated by an employee or employees prior to the implementation. For the purposes of this clause, significant and major changes include decisions to relocate business functions with potential to result in employee redundancies What is Redundancy? Redundancy occurs when ARTC Services Company decides that it no longer wishes the job an employee has been doing to be performed by anyone and this decision makes it necessary for ARTC Services Company to retrench the employee(s) (terminate their employment). ARTC Services Company will discuss with the employee(s) affected and their representatives, as soon as practicable after making a firm decision that a job is redundant, the reasons for the redundancy and any measures to avoid or minimise any adverse effects. ARTC Services Company will also provide in writing all relevant information about the proposed terminations to the employee(s) concerned. Superannuation benefits will be paid in accordance with trust deeds and rules of the relevant fund. An employee who is retrenched will be entitled to four weeks termination pay in lieu of notice and an additional three weeks for each year of service. Weeks Pay is defined as an average of last twelve months weekly earnings. If the employee who is retrenched is aged forty five or over they will be entitled to an additional one weeks pay in lieu of notice. The above payments are subject to the total payment not exceeding the equivalent of one year s salary. An employee who is retrenched may terminate his/her employment during the notice period, by agreement with ARTC Services Company. He /she would still be entitled to the same benefits and severance mentioned above, but not to pay in lieu of notice. The employee may be allowed up to one day s time off without loss of pay during each week of notice to look for another job, subject to business requirements. An employee who has been allowed more than one day s paid leave to seek another job during the notice period will provide proof of attendance at an interview if ARTC Services Company requests it. Otherwise Page 13 of 37

14 he /she will not be paid for the absence. A statutory declaration will be sufficient. 3. Remuneration and Related 3.1 Classification and Salary Structure What is my salary and classification level? You will be appointed to one of the classifications below based on skills, qualifications and competencies and in consideration of the range of duties to be carried out. The classification levels are set out in Appendix A. The classification will be specified in your letter (contract) of employment. Level Classification Description Total Remuneration Package (TRP) Level 1.1 Entry Level $41,550 Level 1.2 Non Trade $44,500 Level 1.3 Non Trade $47,659 Level 2.0 Non Trades/Base Trade $50,962 Level 3.0 Level 4.0 Level 5.0 Work Group Leader (Non Trades) Maintainer/Technician (Signals/Control Systems) Mechanical Tradesperson Signals (Experienced) Maintainer/Technician (Signals/Control Systems) Mechanical tradesperson Signals Work Group Leader Maintainer/Technician Work Group Leader (Signals/Control Systems) $55,000 $66,560 $71, What is included in my Total Remuneration Package (TRP)? Your TRP includes your salary and all payments under any award including: Annual leave loading; Super Guarantee Contributions; All allowances; and A requirement to work at locations other than your designated work location. Your TRP does not include: Overtime; Page 14 of 37

15 Shift, weekend and public holiday rates; On-call and call-out payments; or Living away from home expenses. TRPs are applicable on the first pay period on or after 1 February During the nominal term of this Agreement, employees covered by this Agreement will receive a salary increase based on the increase in the All Groups Consumer Price Index (CPI). Salaries will be adjusted to reflect the last twelve months of CPI increases (calculated to the nearest completed quarter) effective the first pay period of February 2010 and February No retrospective payments will be made. In addition, ARTC Services Company will review the remuneration packages of employees in the light of relevant market trends, on an annual basis during the term of this Agreement. A TRP may be increased where the review process indicates that the salary level of ARTC Services Company employees has fallen below the market median. The engagement of apprentices will be governed by applicable legislation. The rate of pay for an apprentice will be based on Level 2 Base Trade classification as follows: First Year 50% Second Year 60% Third Year 75% Fourth Year 88% Can I participate in ARTC Services Company Bonus Plan? Yes. If you are a permanent or fixed term employee of ARTC, you will be entitled to participate in the ARTC Services Company Bonus Plan, as amended from time to time. 3.2 Shift Work and Public Holidays Will I be required to perform shift work? Yes. You may be required to perform shift work, depending on business requirements. Where shift work is required, you will be given a minimum of 14 days notice What will I be paid for working an afternoon shift? If you are rostered to work an afternoon shift you will be paid an additional 20% of your hourly rate based on your nominal salary rate for all ordinary hours worked where the shift is not subject to an equal or higher payment. Page 15 of 37

16 3.2.3 What will I be paid for working a night shift? If you are rostered to work a night shift you will be paid an additional 25% of your hourly rate based on your nominal salary rate for all ordinary hours worked where the shift is not subject to an equal or higher payment What will I be paid if I am rostered to work on a Public Holiday? If you are rostered to work on a Public Holiday you will be paid at two and half times your nominal salary rate. You will not be paid other penalties on top of these penalties. 3.3 On-call / Call-out Will I be required to participate in on-call rosters and attend callouts? Yes. You could be rostered to be on-call and to attend call-outs as required, to meet ARTC Services Company business requirements. Call-out rosters will take consideration of available competencies and volunteers and fatigue management principles What will I be paid for a call-out? If you are recalled to work, you will be paid for the call-out at your classification rate for a minimum of four hours, subject to not more than one minimum call out payment being made for any subsequent call out(s) during that four (4) hour period. This principle will also apply from the first call out after each four hour period elapses. For the purposes of the minimum payment the first three (3) hours will be paid at time and a half and then thereafter at double time. Any time worked on a Sunday will be paid at double time. Where a call out extends beyond the minimum four (4) hour payment period the employee will be paid for those hours actually worked commencing from the time you are called out and concluding when you are leaving the work site What will I be paid if I am on call? If you are required by ARTC Services Company management to be available outside normal working hours for recall to work, you will be paid an allowance of $20.00 per night or $40.00 when on call for a day and a night combined. For the purpose of this Agreement if you are on call it will mean that by agreement or as directed by ARTC Services Company, you are to be available outside normal working hours for recall to duty. Page 16 of 37

17 3.4 Travelling Away from Home Can I be required to work at locations which will temporarily require me to travel away from home and stay overnight? Yes What happens if I am required to travel away from home and stay overnight? If you are regularly rostered (e.g. migratory and regional teams) or if you are otherwise required to work at a location that does not permit you to return to your declared place of residence (home) each night you will be compensated by ARTC Services Company What will I be paid when I am required to travel away from home and stay overnight? If you are required to travel away from home and stay overnight, you will be paid a daily expense payment with your fortnightly salary payment on the following basis: Breakfast $18.05 Lunch $20.65 Dinner $36.30 Accommodation $75.00 as a total payment of $150, or: At your request, ARTC will pay your meals and accommodation directly to the supplier of the services. Provided an accommodation expense is incurred as per clause 3.4.2, payment for additional expenses will be calculated as follows: Breakfast Depart home depot before 0700 or return to home depot after Lunch Dinner Accommodation Depart home depot before 1300 or return to home depot after Depart home depot before 1830 or return to home depot after Depart home depot before 0100 or return to home depot after Carrying out Higher Duties Can I be required to carry out higher duties? Page 17 of 37

18 Yes. You may be required to act in a higher position in line with your achieved competencies How will I be paid if I am carrying out higher duties? If you are required to carry out higher duties as a Work Group Leader, you will be paid the salary applicable to the higher position for each full shift of acting in that position. 4. Balancing Work and Life 4.1 Annual Leave Who is entitled to be paid annual leave? You are entitled to paid annual leave if you are a permanent or temporary employee How much annual leave am I entitled to? You are entitled to 152 hours (4 weeks) annual leave per year Will I be given any notice when annual leave is to commence? Yes. You will be given a minimum of one month s notice of the date on which annual leave is to commence If I have additional recreational leave will I receive any additional annual leave? Yes. For any 28 day period in which you carry out project work in a continuous period of working days not exceeding 19 days in 28, you will be entitled to an additional 1.25 days recreation leave, provided that the maximum entitlement does not exceed 5 days recreation leave in any calendar year Do I receive any additional payments whilst I am on annual leave? No. You will be paid your total remuneration package while on annual leave. 4.2 Sick Leave How much sick leave am I entitled to? Your sick leave entitlement is unlimited What do I do if I am sick? Page 18 of 37

19 If you are unable to come to work due to personal illness, you should notify your manager within at least one hour of your rostered starting time and tell your manager when you expect to return to work. You must also provide evidence of your illness as required by ARTC s Leave Policy What happens if I am sick for a long period of time? If you have a long term illness that causes you to be absent for more than six months, ARTC Services Company may refer you to a nominated medical practitioner to determine the likelihood of you returning to work. If the medical advice confirms that you will be unable to return to work, ARTC Services Company may terminate your employment. 4.3 Carer Leave What is carer leave? Carer leave is paid leave provided to you for the purposes of caring for an immediate family or household member who requires you to provide them care and support due to an illness, injury or an unexpected emergency affecting them What does immediate family or household member mean? Members of your immediate family or household include: Your spouse (including former spouse, de facto spouse and former de facto spouse). A de facto spouse means a person who lives with you on a bona fide domestic basis; and A child or an adult child (including an adopted child, stepchild or exnuptial child), parent, grandparent, grandchild or sibling, of you or your spouse What is my carer leave entitlement? You will be credited with 10 days carer leave for your first year of employment and a further 10 days for each completed year of employment thereafter. Your carer leave entitlement will accumulate up to a maximum of 20 days What if I have run out of carer leave but need to care for an immediate family of household member? You can not take more than your accumulated Carer Leave, or 20 days paid carer leave in a 12 month period without special agreement from your manager. If you do not have any carer leave left, you are entitled to take unpaid carer leave to care for members of your immediate family or household who are sick and require care and support due to an unexpected emergency. Your manager will agree on the period of unpaid carer leave with you. If you and Page 19 of 37

20 your manager do not reach agreement, you are entitled to take a maximum of 2 days per occasion, provided the other requirements of clause 4.3 are met What do I do if I need to use carer leave? You should give ARTC Services Company at least 2 hours notice before your next rostered starting time that you need to care for an immediate family or household member. You should advise your manager of: The name of the person requiring care and support and their relationship to you; The reason for taking such leave; and Your estimated length of absence. You must also provide your manager with: A medical certificate or statutory declaration explaining the illness or injury of the person concerned, and that they require care; or A statutory declaration detailing the unexpected emergency affecting that person. 4.4 Compassionate and Bereavement Leave What are compassionate and bereavement leave and to what extent am I covered? On each occasion on which a member of your immediate family or household : Contracts or develops a personal illness, or sustains a personal injury, that poses a serious threat to his or her life, you may take paid leave of up to 3 days paid bereavement / compassionate leave. You must provide ARTC Services Company with satisfactory evidence of the illness, injury or death of the member of your family or household in order to receive payment for the leave taken What if I need leave to cover bereavement or compassionate circumstances for someone close to me but they are not an immediate family or household member? If a person close to you dies, but is not part of your immediate family or household, ARTC Services Company may allow you time off to attend the funeral by agreement with your manager. 4.5 Public Holidays What is my entitlement to public holidays? Page 20 of 37

21 You are entitled to paid leave for the following gazetted public holidays: New Year s Day Australia Day Good Friday Easter Saturday Easter Monday Anzac Day Sovereign s Birthday Labour Day Christmas Day Boxing Day Adelaide Cup Day Or such other day as is generally observed in a locality as a substitute for any of the said days respectively What if the public holidays fall on a weekend? For the purposes of this Agreement: Where Christmas Day falls on a Saturday or a Sunday, the following Monday and Tuesday will be observed as Christmas Day and Boxing Day respectively; or Where Boxing Day falls on a Saturday, the following Monday will be observed as Boxing Day; or Where New Year s Day falls on a Saturday or a Sunday the following Monday will be observed as New Year s Day; and the said Saturday and/or Sunday will not be deemed to be holidays. By agreement with ARTC Services Company other days may be substituted for the said days. Where you are absent from work on the working day before or on the working day after a public holiday without reasonable excuse or without ARTC Services Company consent, you will not be entitled to payment for such holiday. 4.6 Long Service Leave What is my entitlement to long service leave? Long service leave will be in accordance with the provisions of the relevant legislation applying to your place of engagement. 4.7 Parental Leave Page 21 of 37

22 4.7.1 Who is entitled to maternity leave? If you are a female employee of ARTC Services Company and have completed at least 40 weeks continuous service, you are entitled to paid maternity leave What is my entitlement to maternity leave? If you are eligible for maternity leave, you are entitled to a total maternity leave period of 12 months How much paid maternity leave am I entitled to? If you are eligible to receive paid maternity leave, you have the option to elect either 9 weeks at full pay or 18 weeks at half pay Do I receive any paternity leave or adoption leave? Yes. If your spouse or partner is pregnant, or if you adopt a child, and you have completed at least 40 weeks continuous service, you are entitled to one week paid leave at the time of birth or adoption of the child. 4.8 Other Leave What leave am I entitled to if I am required to serve on a jury (jury duty)? You will be granted special leave with pay to attend court for the purposes of jury service. On receipt of summons to attend jury service you must immediately inform your manager and provide further details once your jury service commitment is known. If you are dismissed from jury service soon after reporting, you should immediately contact your manager for directions. If you attend court in answer to a jury summons during any period when required to be on duty, you must, after discharge from jury service, provide your manager with a certificate issued by the Sheriff or Registrar of the court. The certificate should detail your attendance/s and any payment/s made to you. On receipt of the certificate of attendance, you will be granted special leave on full pay, if you have been paid out of pocket expenses only. Or where paid a court fee, the difference between the court fee and your ordinary rate of pay. If you attend court while on leave or a non working day, you will not be paid by ARTC Services Company for that day. You may retain any fees paid by the court in lieu of ARTC Services Company payment Am I entitled to emergency services leave? Page 22 of 37

23 If you are a member of an emergency service (for example, Country Fire Service, State Emergency Services), you must advise your manager of the relevant details of your membership responsibilities. You may be released from duty, if called upon at times of declared emergencies, provided that you are not required to attend to ARTC Service Company s assets. You should advise your manager immediately when notified that you are required for duty in an emergency. When you return to work, you should provide proof of your attendance certified by an authorised representative of the emergency service to which you were attached. Wherever possible, times of attendance should be shown. Paid leave will be provided for such authorised absences Can I take military leave? Yes. Subject to legislative requirements, military leave may be granted to you if are a volunteer part time member of the Australian Defence forces. ARTC Services Company will provide you with up to ten days paid leave per year, based on the difference between your ordinary pay and the payment you receive as reserve pay Am I able to take time off work to give blood? Yes. If you are a registered blood donor, you are permitted, at the convenience of ARTC Services Company, to donate blood during working hours without loss of pay, on no more than four occasions per year if required. You must seek prior approval from your manager Am I entitled to bone marrow or kidney donor s leave? If you are a registered Australian bone marrow or kidney donor, you are entitled, at the convenience of ARTC Services Company, to five days paid leave to donate bone marrow or a kidney. You must provide a valid medical certificate, and must obtain prior approval from your manager. 5. Health, Wellbeing and Safety 5.1 Work Clothing and Personal Protective Equipment Will I be given clothes for work? Yes, ARTC Services Company will provide you with: One pair of approved safety footwear; Five pairs of non flammable overalls or five sets of non flammable long sleeved shirts and trousers; One hard hat and sun hat; One pair of approved safety glasses; Page 23 of 37

24 One pair of approved sun glasses; One Bluey jacket on the basis of one (1) issue every three (3) years; One set of wet weather gear; One jumper; and One beanie. It is a condition of employment that supplied hats, safety glasses and safety footwear and protective shirt/trousers or overalls are worn where a safety requirements exists. ARTC Services Company will also make available sun- screen (SPF 30+) for employees engaged in outside work Who is responsible for my issued work clothes and personal protective equipment? You will be responsible for the safeguarding of the equipment issued, and the replacement of items lost. Re issue will be on a fair wear and tear basis, provided the worn out item is produced for replacement Will ARTC Services Company provide amenities at work? Yes. ARTC Services Company will provide all amenities to a good quality industry standard. You and ARTC Services Company may agree that you supply your own amenities when designated to work from home Will First Aid Equipment be provided by ARTC Services Company? Yes. ARTC Services Company will provide first aid equipment of a good quality industry standard. 6. Resolution of Workplace Disputes 6.1 Dispute Settlement Procedure What process do I follow to resolve a dispute in relation to my work with ARTC Services Company? The following procedures will be used in order to prevent and settle disputes arising from this Agreement. The objectives of these procedures are to resolve disputes that arise from this Agreement promptly, fairly and by direct consultation and/or negotiation at the workplace wherever possible. Without prejudice to either party and except where a bona fide safety issue is involved, work will continue while matters in dispute are negotiated in good faith and in accordance with the procedures contained below. Page 24 of 37

25 ARTC Services Company and employees will attempt, wherever possible, to resolve the matter at the workplace level by: Step 1 The employee and their immediate manager meet to try to resolve the matter. The relevant manager will endeavour to respond to the person raising the matter within 48 hours, and advise of action being taken. Step 2 If the matter is not resolved, the parties will arrange further discussions involving more senior levels of management and as appropriate the relevant employee representative (which, at the employee s choice, may include a union representative). ARTC Services Company will endeavour to respond to the person raising the matter within 48 hours and advise of action being taken. Step 3 If the matter is not resolved, further discussions will occur involving the employee and representative (which, at the employee s choice, may include a union representative), and the employee s General Manager or nominee. ARTC Services Company will endeavour to respond to the person raising the matter within 48 hours, and advise of action being taken. Step 4 If the matter is not resolved, it may now be referred by either party to either: (a) (b) The Australian Industrial Relations Commission, or An independent mediator where agreed and appointed by both parties. Where the parties agree, dispute resolution by the Australian Industrial Relations Commission, or an independent mediator will be binding. It is understood that the parties to this procedure will not have recourse to the formal processes of the Workplace Relations Act 1996 until they have endeavoured to resolve the issues between them in full accordance with the procedures contained in this Agreement. Page 25 of 37

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27 Appendix A Classification Level Descriptors Level 1.1 Non-Trade Entry Level Employees at the Level 1.1 Classification will, within six months of commencing employment, have the following skills: * The ability to follow Occupational Health and Safety Procedures * conduct Housekeeping Activities * participate in Workplace Communication After six months Level 1.1 employees will be seen as working effectively with others, have the ability to maintain and use basic hand tools and be able to shift Materials Safely. These employees will also have skills in the use of manual handling equipment This is not a comprehensive list and employees at Level 1 will be expected to assist in all of the tasks they have been trained (or are competent) to perform. Level 1.2 (Non-trade) Employees at Level 1.2 will possess the ability to perform, and actively participate in: * Basic activities associated with manually handling goods and materials * excavating trenches; * application of protective coatings * installation and maintenance of signs ; * control of vegetation This employee will have the proven ability to: * compile routine forms and reports * use basic communication devices and office support equipment * Provide business focussed customer service * And apply quality procedures Employees at Level 1.2 will plan and organise personal work activities and Page 27 of 37

28 assume responsibility and control of controlled documentation associated with their duties. Employees at Level 1.2 will also have the following general skills: * Compliance with environment protection and occupational health and safety policies and procedures; * Basic fire-fighting * operating motor vehicles (hirail, passenger and light commercial) * Using minor plant and hand tools * Working safely in a railway infrastructure environment * Oxy-acetylene cutting of steel * Undertaking minor concreting works * Apply safe working procedures (Track force) In addition to the above requirements at Level 1.2, an employee is also required to perform the activities relating to one of the following streams and apply the competencies listed. (a) SIGNALS STREAM * Performing basic mechanical signalling work including servicing, mounting and lubricating mechanical signalling equipment (b) CIVIL STREAM * Performing basic rail and track maintenance activities including the installation and replacement of sleepers, track, fastening and anchoring systems, guards and check rails and temporary track support This is not a comprehensive list and employees at Level 1.2 will be expected to assist with general signalling or civil activities as required, and perform all of the tasks they have been trained (or are competent) to perform. Level 1.3 (Non-Trade) Employees classified as Level 1.3 will be required to perform all tasks associated with the previous employee level and additionally complete the following tasks or possess these additional skills/licences. Level 1.3 employees will have a Heavy Truck license additional to passenger and light commercial motor vehicle license Page 28 of 37

29 Level 1.3 Sub-Trade staff will also have experience in operation of general plant and equipment such as back hoe, loader and trenchers In addition to the above requirements, an employee is also required to perform the activities relating to one of the following streams: (a) SIGNALS STREAM * Performing basic electrical and mechanical signalling work, including servicing, mounting and lubricating mechanical signalling equipment and maintaining signalling structures and housing. (b) CIVIL STREAM * Performing a range of rail, track and structures maintenance activities including welding, track ballast activity, establishing and maintaining rail stress, maintaining structures, installing and/or removing minor structures, and installing minor track bearing or over track support. This is not a comprehensive list and employees at Level 1.3 will be expected to assist with general signalling or civil activities as required, and perform all of the tasks they have been trained (or are competent) to perform. Level 2 - Base trade or Signal/Civil Non Trades This employee utilises judgement and decision making skills, and is personally accountable for the certification of their own work to appropriate standards. Employees at Level 2 will plan and organise personal work activities and assume responsibility and control of controlled documentation associated with their duties. General skills required for employees at Level 2 include all of the required skills from the previous levels, as well as the following additional skills: (a) SIGNALS STREAM - Non Trade * Maintaining security structures and amenities * Drawing sketches and reading technical drawings * Assisting in the installation and maintenance of signalling equipment including mechanical points, structures and housings, troughing and track circuit bonds. (b) CIVIL STREAM - Non Trade * Inspecting and certify track, maintain track geometry, install, construct and maintain points and crossings. Page 29 of 37