Western Power and CEPU Enterprise Agreement 2013

Transcription

1 Western Power and CEPU Enterprise Agreement 2013 Page Number 1

2 Contents Page 1. Title Coverage No Extra Claims The Objectives of this Agreement Mutual Obligations Types of Employment Commitments Hours of Work Premiums for Ordinary Hours Work Patterns Changes to Work Patterns Overtime Classification & Remuneration Income Protection Allowances Higher Duties Earnings Flexibility Agreements Stand Down Superannuation Flexible Remuneration Packaging Leave Termination of Employment Significant Changes to Employment and Redundancy Health, Safety and the Environment Anti-discrimination Dispute Resolution Process Workplace Delegates & Leave Schedule 1 Consultation...26 Schedule 2 Remuneration Schedule 3 Signatories Page Number 2

3 1. Title This Agreement is called the Western Power and CEPU Enterprise Agreement 2013 ("Agreement"). 2. Coverage The parties to this agreement are the Electricity Networks Corporation trading as Western Power ( Western Power ) and The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ( CEPU ) ( the Union ). This Agreement applies to all employees engaged by Western Power in connection with Operations in the classification levels set out in clause 13.1 Classification & Remuneration of this Agreement. This Agreement shall operate from seven (7) days after it is approved by the Fair Work Commission and will apply after the nominal expiry date of the Western Power and CEPU Union Collective Agreement It shall remain in force for a period of four (4) years from the date of approval or until 31 August 2017 (whichever is earlier). This Agreement will continue to operate past its nominal expiry date until it is replaced by a new enterprise agreement or terminated in accordance with the Fair Work Act No Extra Claims This Agreement (inclusive of the Memorandum of Understanding dated 26 July 2013) operates as a stand-alone agreement and replaces, in entirety any and all awards, registered and unregistered agreements which may otherwise have applied to employees covered by this Agreement. There will be no extra claims made by the union, the employer or employees for increases in wages, conditions or other benefits unless otherwise specified in this Agreement for the nominal duration of this Agreement. 4. The Objectives of this Agreement 4.1 Company Strategy Our orientation Serving customers Our purpose Connecting people with electricity Our objectives Safe, reliable and affordable 4.2 Openness and Fairness i. Western Power has the right to introduce and change policies and procedures to suit a changing workplace or to comply with legislation. ii. Where this affects employees personal lives or lifestyle there will be openness and fairness and Western Power will consult employees, Page Number 3

4 iii. iv. workplace delegates and / or workplace representatives regarding proposed introductions / changes. The development or modification of policies that have an effect on the employee s working and personal life, will take account of guidelines or guidance notes published by a statutory authority where they exist. Genuine consideration will be given to concerns raised in these discussions. Employees have an obligation to follow lawful Western Power policies and procedures. 5. Mutual Obligations 5.1 Western Power Western Power remains committed to a strong working relationship with all employees based on mutual trust, good faith and respect, and in doing so will: Provide a supportive and rewarding work environment; Maintain high standards of work; Act fairly and responsibly in exercising its rights and obligations under this Agreement; and Engage employees in accordance with Schedule 1 when a definite decision has been made to introduce major change(s) that are likely to significantly affect employees. Western Power will discuss change(s) with affected employee(s) and use its best endeavours to avert or mitigate the adverse effects of the proposed changes. Western Power will also give prompt consideration of matters raised by employees. Employees may elect to have an employee representative / workplace delegate available to them at this time. 5.2 Employees Employees agree to: Display high standards of personal integrity; Work in the best interests of the Company and customers; Uphold the operating policies and quality control guidelines set from time to time by the Company; and Refrain from acting in a manner which brings, or could bring, the Company into disrepute. 5.3 Steering Committee An employer / employee based steering committee will continue to oversee matters arising from this Agreement and other matters as agreed. The committee will meet at least biannually and as often as required and agreed, and be made up of: Page Number 4

5 (i) (ii) No more than 10 cross functional employee representatives as nominated by the CEPU; and No less than 3 management representatives Members will maintain high levels of integrity, confidentiality where it is deemed appropriate and engage in constructive behaviours to ensure that the best interests of Western Power and its employees are maintained. Any recommendations made by the Steering Committee will be reached by consensus. 6. Types of Employment Western Power will employ Full-time, Part-time, Fixed-term, Casual and Apprentice employees. The entitlements under this Agreement operate as follows- (e) (f) Full-time employees of Western Power will receive all of the entitlements as specified in this Agreement and will be engaged to work the ordinary hours as set out in clause 8 Hours of Work. Part-time employees of Western Power will receive all of the entitlements as specified in this Agreement on a pro-rata basis. A part-time employee will work less than the specified full-time ordinary hours and will work a regular pattern of hours fixed by Western Power. These hours may be varied by providing 2 weeks notice to the employee or less by mutual agreement. Fixed Term employees may be engaged as either full-time or part-time for a fixed period. Casual employees of Western Power will receive all of the entitlements in this Agreement unless otherwise specified. Casuals will be engaged on an irregular hourly basis and will be entitled to receive a loading of 25% for all hours worked in ordinary hours. Apprentices will be employed on a full-time or part-time basis and will receive all of the entitlements as set out in this Agreement, and in accordance with any relevant legislation that is applicable. Newly engaged permanent employees will observe up to a 6 month probationary period. 7. Commitments 7.1 Training Western Power is committed to competency based training for employees. Competency based training will be structured around (trade dependant)- The National Electricity Supply Industry (ESI) Qualifications; National Frontline Management Training Package; Page Number 5

6 (e) National Metal & Engineering Training Package; National Electro Technology Training Package; and Any other training packages which are relevant to Western Power s operations. Employees will be required to undertake training necessary for the performance of their role and classification and to perform their duties in a safe and efficient manner. Western Power may direct an employee to carry out work that is within their competence, including work, which is incidental to their position, taking into account the safety of the employee and any statutory requirements. Employees will have reasonable access to their own training records. 7.2 Apprentices Western Power is committed to the employment and professional development of Apprentices during the life of this Agreement. 8. Hours of Work 8.1 Ordinary Hours The ordinary hours of work shall be 1950 hours per year (an average of 37.5 hours per week). Ordinary hours can be worked Monday to Friday and the spread of hours will be within the hours of 6am and 6pm. 8.2 Ordinary Hours (Shift Work) The ordinary hours of work for shift work shall be 1950 hours averaged over a year. Ordinary hours can be worked Monday to Sunday. Shift work is where some or all of an employee s ordinary hours are rostered outside of the spread of hours as set out in sub-clause 8.1. The premiums set out in clause 9 Premiums for Ordinary Hours will be applicable when this occurs. 8.3 Rostered Days Off Where a nine-day fortnight is worked, the timing of the Rostered Day Off (RDO) will be subject to discussions with employees taking into account business requirements and the needs of the employees. Changes to the timing of the RDO will be facilitated by giving at least 24 hours notice that the RDO will be taken on an alternative day within the fortnight where practicable, or at an employee s request, be cashed out at ordinary rates of pay or banked. RDOs may change to facilitate pressing business requirements. Employees may request to change their RDOs. Consideration of the request will take into account the business requirements and the needs of the employee and will not unreasonably be refused. This consideration will also apply when employees request to take their banked RDOs. Page Number 6

7 Nothing in this clause prevents the operation of Clause 11 Changes to Work Patterns 8.4 Meal Breaks A minimum of a 30 minute unpaid meal break shall be taken each day as close to the middle of the working day as practicable (ideally between the 5 th and 6 th hour). The meal break may be varied to suit operational needs after discussion with employees. 9. Premiums for Ordinary Hours Where an employee is regularly rostered to work their ordinary hours during the following times they will be entitled to be paid an additional premium for those ordinary hours worked as prescribed. 9.1 Saturday and Sunday An employee required to work ordinary hours on a Saturday will receive a premium of 50% and for ordinary hours worked on a Sunday will be paid a premium 100% for all hours worked. 9.2 Afternoon An employee required to work ordinary hours finishing after 6pm and/or before midnight on any weekday will be paid a premium of 18.75% for all hours worked. 9.3 Night An employee required to work ordinary hours finishing after midnight and/or before 8am on any weekday will be paid a premium of 22.5% for all hours worked. 9.4 Day An employee required to work ordinary hours on any weekday, commencing between 5am and 6am, will be paid the premium of 5% for all hours worked. 9.5 Public Holiday An employee required to work ordinary hours on any public holiday will be paid a premium of 150% for all hours worked. 9.6 Temporary Shift In the event Western Power requires an employee to temporarily work a shift work pattern and the employee has not been given at least 48 hours notice of such request, the employee will be entitled to be paid a 50% premium in addition to the premiums set out in this clause. This will only apply where the period of time worked is less than 5 consecutive shifts. 9.7 Payments The provisions of this clause will not operate so as to require payments of more than double time and a half on a public holiday or more than double time on any other day. The premiums in this clause may be averaged over an employee s applicable work pattern as part of an average salary arrangement. Page Number 7

8 10. Work Patterns 10.1 For the purpose of this Agreement, the term work pattern refers to the usual arrangement of working hours for employees to meet the work requirements of Western Power. When rostered for more than 5 consecutive days employees will be entitled to a minimum of 2 consecutive days off work. Maximum ordinary hours not to exceed 12 hours. Rostered start and finish times may be staggered. The development of work patterns will be underpinned by Western Power s Fatigue Management Standard, as amended or replaced from time to time. 11. Changes to Work Patterns 11.1 Provisions for Change of Work Patterns The parties agree that changing work patterns is best achieved through genuine engagement and discussion between Western Power and the affected employee(s). Western Power reserves the right to change work patterns with no less than 1 months notice following the engagement and discussion period. Changes to work patterns will be made using the process below- (e) (f) (g) After identification of a business requirement Western Power will advise the employee(s) in any affected work area that changes to work patterns are being considered. Western Power will engage and discuss with the directly affected employee(s) about the change or changes which will improve business performance and / or customer service. Employee(s) will be afforded the opportunity to have an employee representative / workplace delegate available during the engagement and discussion period. In the development of an alternative pattern, Western Power will take into consideration a number of issues including current patterns of work, current personnel coverage, hours of work and employee earnings. Evaluation of alternatives will take into account meeting customer requirements in a cost efficient manner, social / lifestyle impacts, OHS and the Fatigue Management Standard. Employees will be encouraged to suggest changes to work patterns. Western Power will give consideration to the impact of the proposed changes, including genuine hardship on the employee(s). The parties recognise that significant change to work patterns such as moving from a 5 day work pattern to a 7 day work pattern (or vice versa) or similar may occur. If such a change is proposed a 3 month notice period (inclusive of the engagement and discussion period) may apply unless the parties agree to a lesser period. A trial period (no less than 6 months) may be utilised as agreed. Page Number 8

9 At the end of the trial any review conducted will be in accordance with the principles of this clause. (h) (i) Western Power recognises that alternative work patterns exist in Western Power s Substation Construction Branch. These alternative work patterns will continue to operate, subject to any changes made during the term of this Agreement in accordance with this clause. Nothing in this sub-clause 11.1 prevents employee(s) accessing the Disputes Resolution Process Application of this clause This clause does not apply to employees whose work patterns change as a result of moving into a new work area where different work patterns are being worked, for the purposes of transfers, promotions and redeployment. 12. Overtime 12.1 Overtime Where employees are required to work additional hours in excess of ordinary hours prescribed in clause 8 Hours of Work, or work completed outside of their ordinary rostered hours as prescribed in their applicable work pattern, they will be paid for these additional hours at the rate of- (e) Monday to Friday - time and half for the first two hours. Double time will apply thereafter and for all time worked between 10pm and the employee s usual starting time on the next day. However double time will not apply where an employee commences the overtime within the period of 1.5 hours prior to their usual starting time; Saturday prior to 12 noon - time and a half for the first two hours and double time thereafter; After 12 noon on a Saturday and all day Sunday double time; Public Holiday - double time and a half on the basis that all time worked within the employee s recognised daily working hours shall be calculated using time and one half in addition to the days pay the employee would ordinarily would have received on a normal working day; All overtime should be paid, however by agreement and in exceptional circumstances time off in lieu of overtime may be granted. When time off is taken, time will be calculated using the same formula as the applicable overtime rate. If time in lieu is not taken within 1 month of being granted, for any reason, payment for the time will be made to the employee Rest periods after Overtime An employee who works so much overtime between the termination of normal work on one day and the commencement of normal work on the next day that the employee has not had at least 10 consecutive hours off duty between those times, will be released after the completion of such overtime until the employee has ten consecutive hours off duty without loss of pay for normal working time occurring during such absence. Page Number 9

10 If an employee is recalled to work without such a break, they will be entitled to be paid at the appropriate overtime rate until so released Recall to Work (Minimum Call Out) Where an employee has left the job and has returned home, but is then recalled back to work (either planned, unplanned or when on the availability roster as set out in clause 15.1), then they will be paid for at least 3 hours overtime at the applicable penalty rates for each such call out. The minimum call out will apply as follows: (e) Where an employee has left the worksite on completion of an ordinary rostered day and receives a call out, they will be entitled to the minimum call out of 3 hours. Where an employee is already on a call-out and has not returned home and receives a further call out(s), the employee will only be entitled to be paid for any extra hours worked in addition to the first minimum call out of 3 hours. An employee will not be required to work the minimum call out of 3 hours if work assigned can be completed in a shorter period of time. An employee who is notified of completing planned overtime and who attends work, but before commencing is advised they are not required to work and does not work, will only be entitled to 1.5 hours at the applicable penalty rates. The minimum call out provision will not apply when an employee continues to perform work at the end of their shift on an ordinary rostered day. In this situation the employee will only be paid for the overtime hours actually worked day Continuous Shift Work In the case of 7-day continuous shift employees, they will be entitled to claim double time for all overtime worked except on a public holiday when they will receive double time and a half. For the purposes of this Agreement a 7-day continuous shift employee is an employee who is regularly rostered over 7-days of the week, including Sundays and public holidays Reasonable Additional Hours Western Power may require an employee to work reasonable additional hours. In determining whether the request for additional hours is a reasonable one, Western Power and the employee will take into account the following factors- Any risk to the employee s health and safety; The employee s personal circumstances, including family responsibility; Operational requirements of the business; The amount of notice provided to the employee that the additional hours are required or requested. In line with Western Power s Fatigue Management Standard, as amended or replaced from time to time, an employee will not be required to work for more than 16 consecutive hours in a 24 hour period. Page Number 10

11 13. Classification & Remuneration 13.1 Classification Structure Positions covered by this Agreement will be in line with the following classification structure and in conjunction with the Competency Framework document as amended from time to time (dms ). That document does not form part of this Agreement but is subject to the dispute resolution process as contained within this Agreement. OPERATIONAL STREAM LEVEL Trades Line & Cable (Distribution/ Transmission Lineperson & Cable Jointer) Electrical Mechanical and Other Apprentice Non-Trade Qualified Tradesperson Qualified Tradesperson (Multi-skilled) First Level Qualified Team Co-ordinator Advanced 13.2 Future Classifications Western Power reserves the right to introduce new job classifications within the above levels. The CEPU and the Steering Committee will be advised of this intention and discussion will occur Remuneration The Employees engaged as at 1 September 2013 will receive a $500 one off lump sum payment (excluding casual employees and employees on extended approved leave without pay). The rates of pay in Schedule 2 will operate from 1 September 2013 and be increased as outlined in Schedule 2. The provisions of Clause 15 - Allowances will operate from 1 September 2013 and be increased as outlined in that clause. 14. Income Protection All eligible employees covered by this Agreement authorise Western Power to deduct a pre-tax contribution by way of salary sacrifice, of $31.10 per week ($62.20 per fortnight) to pay Protect s income protection scheme (Protect is the insurer ). Western Power has agreed to facilitate the payments to the insurer on behalf of employees and takes no responsibility in the operation of the scheme / insurance policy and will not be involved in any particulars of claims by employees. If the premium for the insurance cover increases through the life of the Agreement, any or all additional costs will be covered by the employee. Employees are responsible to ensure Page Number 11

12 that at all times the appropriate deductions can be made from their salary, and will notify and make arrangements with Western Power to ensure payments can be made to the insurer on their behalf. Should the current income protection scheme become no longer viable because the cost of the scheme becomes unreasonable and/or the benefits of the scheme reduce significantly, Western Power may negotiate with the employees and the CEPU an option to cease this arrangement and/or enter into an agreed reasonable alternative income protection scheme. 15. Allowances Allowances in this clause will be adjusted annually in line with the full year ending June quarter CPI (Perth based) or 2.5% (whichever is greater), effective 1 September 2014 and each year thereafter on 1 September (excluding Travel allowance 15.7, Incidentals 15.9 and Relocation clause 15.10) Availability (e) (f) An availability allowance of $56.10 per day (weekdays), $ per day (weekends and public holidays) and $ per day (for Good Friday and Christmas day the 25 th of December) shall be payable for employees placed on the availability roster. Any hours worked in response to a call out will be paid at the appropriate penalty rate for the actual time worked. A minimum call out provision will apply in accordance with clause 12.3 Recall to Work (Minimum Call Out). Employees engaged from 1 October 2008 will be required to participate in the availability roster. Availability means that the employee concerned will be available to the Company for call back and be contactable at any time that the employee is receiving the availability allowance. Where an employee fails to respond to a call back they will forgo the payment set out in sub-clause An employee who is on the availability roster will be entitled to be paid for the hours worked from the time the employee receives the notification that they must attend work and the employee leaves home, to the time the employee presents at a worksite or other location. Where an employee takes a phone call and is not required to attend a worksite, the employee will only receive the availability allowance and no additional payments will be made. Availability rosters will be set up in a manner which takes into account Western Power s Fatigue Management Standard, as amended or replaced from time to time Overtime Meal An overtime meal allowance will only be paid in the following circumstance- A meal allowance of $22.00 will be paid to employees required to continue to work past their ordinary day for 2 or more hours without 24 hours prior notice. Page Number 12

13 (i) A second overtime meal allowance of $22.00 will be paid to employees after a further 3 hours has been worked and the employee has taken an unpaid meal break of no less then 20 minutes. An employee who is called out for overtime (either through availability or an unplanned call out) and works continuously for 5 hours or more will be paid a meal allowance of $ This clause will not apply when employees are living away from home as per sub-clause Tools Employees required to supply and maintain a full set of tools required to perform their work will be paid a tool allowance of $19.65 per week. This allowance is also payable when employees are on paid leave Glove and Barrier Employees required by the Company to perform glove and barrier work on the network and/or glove and barrier training will be paid $39.00 for the day for any time spent on glove and barrier work Extra High Voltage (EHV) for Specialised Cable Jointers only Employees required by the Company to perform EHV work will be paid $39.00 for the day for any time spent on EHV work Flying Allowance An employee is entitled to the following allowance where they are required to fly in an aircraft other than an aircraft used in public air services, for the actual flying time: $14.70 per hour when performing observation and photographic duties involving operations at heights of less than 304 metres or in unpressurised aircraft at heights of more than 304 metres. Employees claiming this allowance must provide details of the flying time, type of aircraft, altitude and duties performed as well as travelling times to and from the airport Travelling Employees required to use their own vehicle to travel to a site or location other than their usual place of work will be entitled to claim the excess distance travelled between their home and usual place of work at the rate prescribed by the ATO s car expense rates per business kilometre for individuals. This allowance will increase from time to time in line with ATO advice in the first pay period in the new financial year following publication of advice by the ATO. All attempts will be made for employees to travel in ordinary working hours when this clause applies. Page Number 13

14 15.8 Travelling - for employees without a permanent designated place of work (this includes the Substation Construction Branch) Employees required to start and finish on site, within a 10 kilometre radius of the Perth General Post Office (GPO), are not entitled to a travel allowance. Employees required to start and finish on site, within a kilometre radius of the Perth General Post Office (GPO), will be paid an allowance of $56.10 per day for travel. Employees required to start and finish on a site which is greater than 50 kilometre radius of the Perth General Post Office (GPO) will be paid an allowance of $ per day for travel. These allowances will only be paid when an employee uses their own vehicle for travelling to and from site Incidentals Employees required to work and live away from home, will be provided with reasonable accommodation and meals. Western Power will provide an incidental allowance of $18.20 per day to cover out of pocket expenses associated with living away from home. Where meals and/or accommodation are not provided for, employees will be entitled to claim the allowances set out in ATO s reasonable allowances rates table 1, where genuine expenses are incurred. These allowances will increase from the first pay period in the new financial year following publication of the ATO reasonable allowance rates table Relocation Employees will be entitled to the provisions set out in Western Power s Relocation Policy as amended from time to time Return to Work Where an employee has left the job and has returned home, but is then recalled back to work overtime (planned or unplanned), they will be entitled to be paid an allowance of $ This allowance does not apply when the employee: (i) (ii) (iii) Is provided with Western Power transport; Is entitled to an availability allowance; or Receives overtime payment for the travel to work. 16. Higher Duties 16.1 Employees may be asked to perform the entire duties of positions at Advanced level and above to which he or she is not normally assigned, as part of training and development or succession planning or to assist short term operational requirements. Page Number 14

15 16.2 If the employee relieves in a more highly paid position than their permanently assigned position for 1 week or more (for 9 day fortnight employees the RDO is to be included as part of this week) at a time, they will be paid the rate of pay for the more senior role for the time the employee performs the more senior role. The rate for the purposes of paying overtime will be at the higher duties rate, where applicable. 17. Earnings 17.1 Employees shall be paid fortnightly on each alternative Thursday into their nominated bank account. Where an overpayment has been made through no fault of the employee, the overpayment will have to be reimbursed to Western Power in a reasonable time frame which will take into account the individual employee s circumstance. Where an overpayment of earnings occurs and it is found the employee is at fault, the amount of the overpayment will be reimbursed to Western Power as soon as practicable. Western Power and the employee will look to agree on the arrangements to repay the money, or otherwise if not agreed will be deducted by Western Power from future earnings or entitlements. Where an overpayment has been made, sums payable to an employee on termination may be reconciled to take into account any sums the employee owes to Western Power. 18. Flexibility Agreements The existence of this Agreement does not prevent Western Power and an employee from freely negotiating a Flexibility Agreement (FA), providing that the resultant FA is in writing, is signed by both parties and is genuinely agreed to by Western Power and the employee, and results in the employee receiving terms and conditions of employment that are better off overall than those provided by this Agreement. The terms Western Power and the employee may agree to vary the application of in a FA are those concerning: i. Arrangements about when work is performed (as an example, parttime employment to support phased retirement); ii. Overtime rates; iii. Penalty rates; iv. Allowances; and v. Leave loading. In negotiating an FA under this clause, an employee can elect to involve an employee representative to support them in the process prior to them signing an FA. The FA will take effect from the date stipulated in the FA. The employee or Western Power may terminate the FA giving 4 weeks notice in writing, except where a shorter period is agreed to between the parties. Page Number 15

16 (e) (f) (g) (h) (i) Should an employee withdraw from an FA, the pay and conditions of employment of the employee shall be as prescribed by this Agreement except where some other agreement has been entered into. The FA will prevail over this Agreement to the extent of any inconsistency. Remuneration payable to an employee under an FA is comprehensive and compensates the employee for any and all allowances or penalties payable under this Agreement, Western Power shall be entitled to set off that claim against any and all entitlements under the FA which are in addition to the minimum payments the employee would be entitled to receive under this Agreement. In the event of an employee under the age of 18 years, the employee shall also have the FA signed by a parent or legal guardian. Western Power must ensure that the terms of the FA are about permitted matters under section 172 of the Fair Work Act 2009 and are not unlawful terms under section 197 of the Fair Work Act Western Power must ensure that a signed copy of the FA is given to the employee within 14 days after it is agreed to. 19. Stand Down 19.1 Western Power can stand down, without pay, any employee who cannot be usefully employed because of: any strike, ban, limitation or restriction on the performance of work by employees or any union, association or organisation; any work stoppage for which the employer cannot reasonably be held responsible If Western Power requires an employee to remain at work during this time, the employee will be paid. 20. Superannuation Western Power shall make employee superannuation contributions in compliance with the choice of fund requirements under the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Legislation Amendment (Choice of Superannuation Fund) Act 2004 as replaced or amended from time to time. During the life of this Agreement the following minimum employer superannuation contributions will apply: - 1 July 2014: 9.5% - 1 July 2015: 10.0% - 1 July 2016: 10.5% - 1 July 2017: 11.0% For employees who are, and choose to remain, members of the Government Employees Superannuation Board Goldstate Fund, Western Power will continue to make the employer contribution required by that fund only. Page Number 16

17 Superannuation contributions will be made to a fund of the employee s choice. Where an employee does not choose a fund, their contributions will be made to Western Power s default fund (which is currently Australian Super). 21. Flexible Remuneration Packaging Western Power and an employee may enter into a Flexible Remuneration Packaging arrangement in accordance with Western Power policy as determined from time to time, and subject to the requirements of the ATO and relevant legislation. Any packaging arrangement will be subject to limits imposed by the ATO. 22. Leave 22.1 Annual Leave Employees, other than casuals, will accrue progressively throughout the year up to 150 hours paid annual leave per annum, pro rata for part-time employees. An employee may request to take annual leave at a time convenient to them. When authorising annual leave, Western Power will take into account the operational requirements of the workplace and will not unreasonably refuse authorising the taking of annual leave, or revoke an authorisation. In order to provide employees with an opportunity to use annual leave in a way which best suits their individual circumstances an employee may make a request in writing, subject to agreement with their formal leader to: (i) (ii) (iii) (iv) Take annual leave in advance of it accruing to them. Take annual leave in shorter periods including single days. Purchase an additional amount of leave up to 150 hours per year. Formal leaders will not unreasonably refuse requests to purchase leave. If a request to purchase additional leave is granted the employee s salary will be reduced on a pro rata basis to reflect the number of days purchased by way of salary sacrifice arrangements. This additional leave must be used within 12 months of purchase or the entitlement will lapse, in which case Western Power will pay the employee the amount for the unused additional leave. Employees at the time of election with 8 weeks accrued annual leave or more will not be eligible to purchase additional leave. Cash out leave in lieu of taking their paid annual leave entitlement per year subject to a remaining accrued entitlement of paid annual leave being 4 weeks or greater in accordance with the requirements of the Fair Work Act (e) A 7-day continuous shift employee (as defined in clause 12.4) will be entitled to an additional 1 week of leave (37.5 hours) for each completed year of continuous shift work or the pro rata entitlement for each completed month of continuous shift work. Annual leave will be paid at the employee s rate of pay they would ordinarily have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period. Page Number 17

18 (f) (g) (h) (i) (j) (k) (l) An employee s accrued annual leave will be paid out on termination. In the event of the employee s death this would be paid to the employee s estate. Annual leave will not accrue during any period of unpaid leave or unauthorised absence. Employees who are absent from work and receiving weekly workers compensation payments will only accrue annual leave for the first six months of the absence. If any public holiday(s) fall during a period of annual leave, and it was a day an employee would have ordinarily worked, the employee will be credited with an additional day of leave. An employee who is unfit for work due to personal illness or injury during any period of annual leave can apply for personal leave to be granted to replace the annual leave. Western Power will need to be notified as soon as the employee returns to work and any claim to personal leave will be in accordance with clause Where an employee has an accrued annual leave balance in excess of 8 weeks, or in the case of a continuous shift employee in excess of 10 weeks, and no agreement has been reached as to the reducing of that leave, Western Power may direct the employee to reduce the excess annual leave within 12 months. Note: Western Power may direct employees to reduce up to 8 weeks excessive leave (annual and / or long service leave) within a 12 month period. The rates in clause 13 Classification and Remuneration are inclusive of leave loading (an amount equal to 1.3% of the hourly rate as applied at 1 October 2008) Personal Leave Personal leave is available to employees when they are unfit for work due to personal illness or injury. Employees, other than casuals, are entitled to accrue progressively throughout the year 10 days paid personal leave (for sick and paid carer s leave) per annum. Carer s leave is for the purposes of caring for an employee s immediate family or household member who is ill or injured or requires care and support due to an unexpected emergency. Untaken personal leave will accrue from year to year. For the purposes of this Agreement immediate family means: (i) (ii) A spouse, de facto partner (whether the employee and the person are of the same sex or different sexes), child, parent, grandparent, grandchild or sibling of the employee; or A child, parent, grandparent, grandchild or sibling of the spouse or de facto partner (whether the employee and the person are of the same sex or different sexes) of the employee. (e) An employee s personal leave balance will be reduced by the number of ordinary hours he or she has been paid as personal leave. Page Number 18

19 (f) (g) (h) (i) (j) Personal leave will paid at the same rate an employee would ordinarily have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period. An employee who is absent from work and receiving weekly workers compensation payments is not entitled to access personal leave. Employees, including casuals, are entitled to an additional 2 days unpaid carer s leave per occasion if a member of an employee s immediate family requires care or support because of a personal illness or injury or unexpected emergency of the member. Unpaid personal leave will only be utilised when the employee has exhausted their entitlement to paid personal leave. Employees are required to provide notice of the need for leave as soon as possible after becoming aware of the need for leave and may be requested to provide evidence to substantiate the need for personal leave. The evidence required is evidence that would satisfy a reasonable person that the leave is for the purpose for which it is being taken. For example, a medical certificate or medical evidence from a suitably qualified medical practitioner may be sought for personal leave which extends beyond a short period. In addition to paid personal leave Western Power has the ability to grant discretionary sick leave to an employee who is unfit for work due to personal illness or injury. The discretionary sick leave will be based on the following conditions: (i) (ii) (iii) (iv) (v) Current absentee management processes will continue to apply; Current timekeeping and notification processes will continue to apply; Should the discretionary system be abused the system will be reviewed; The duration of the payment is not unlimited and will be reviewed on an ongoing basis to ensure an employee returns to work as soon as possible; Employees may participate in a return to work plan where required, which may include alternative and / or light duties for a temporary period of time Long Service Leave The entitlement to long service leave is 13 weeks leave (487.5 hours) after the first 10 years continuous service, and 13 weeks after each subsequent 7 years of continuous service. An employee will have an entitlement to pro rata long service leave after the first 7 years of continuous service. Long service leave will not accrue during any period of unpaid leave or unauthorised absence. An employee may request to take long service leave at a time convenient to them. When authorising long service leave, Western Power will not unreasonably refuse or revoke authorisation for the taking of long service leave. In order to provide employees with an opportunity to use long service leave in a way which best suits their individual circumstances an employee may elect by a request in writing to: Page Number 19

20 (i) (ii) (iii) When taking long service leave, halve their entitlement and receive double the payment they would have ordinarily received. Receive pay in lieu of taking their long service leave entitlement. Take half pay and double leave only where the business can accommodate within operational requirements. This option will only be available to employees who have 8 weeks or less of accrued other leave, or available where other leave is taken in conjunction with long service leave resulting in a leave balance of 8 weeks or less. (e) (f) The entitlement to long service leave will accrue and apply in accordance with legislation, currently the Long Service Leave Act 1958 (WA). For the purposes of this Agreement sub-clauses 22.3, and will override the related provisions / entitlements set out in legislation. Where an employee has an entitlement to take long service leave, and they have had that entitlement for more than 3 years, Western Power may direct the employee to take the entitlement within 12 months unless some other agreement has been made. Note: Western Power may direct employees to reduce up to 8 weeks excessive leave (annual and / or long service leave) within a 12 month period. This sub-clause does not apply to pro rata long service leave Parental and Adoption leave Employees, including casuals who have been employed on a regular and systematic basis for an ongoing period of at least 12 months and who had (but for the pregnancy) a reasonable expectation of ongoing employment, will be entitled to up to 52 weeks unpaid parental leave from the birth or adoption of a child in order to be the primary caregiver in accordance with the Fair Work Act The non-primary caregiver will be entitled to 2 weeks paid parental leave at the time of the birth or adoption. Where the employee is the primary caregiver, they will be entitled to 16 weeks paid parental leave on the birth or adoption of the child in accordance with Western Power Policy to be taken during the 52 week unpaid leave period. This is provided in addition to any government funded paid parental leave to which the employee may be entitled. Where an employee is entitled to parental leave they may request to: (i) (ii) (iii) extend the period of unpaid primary caregiver parental leave by a further 52 weeks; return from parental leave on a part time basis until the child reaches school age; extend the 2 week paid period of non-primary caregiver parental leave by a further unpaid period of 6 weeks; For the purposes of this sub-clause, Western Power will consider such requests having regard to the employee s circumstances, provided the request is genuinely based on the employee s parental responsibilities, and will only refuse the request on reasonable grounds. Such grounds could include cost, lack of adequate replacement staff, loss of efficiency or the impact on customer service. Page Number 20

21 Any agreement to provide or not provide the benefits in this sub-clause must be in writing and can be amended by written agreement. (e) (f) Primary caregiver, means a person who assumes the principal role of providing care and attention to the child. Casual employees will not be entitled to the paid leave entitlements in this clause Compassionate leave Employees scheduled to work are entitled to up to 2 days paid compassionate leave per occasion, if a member of their immediate family suffers a life threatening injury or is diagnosed with a terminal illness or dies. Employees may also take unpaid leave by mutual agreement. Western Power may at its discretion grant additional paid compassionate leave on a case by case basis Jury service An employee required to attend for jury service during normal working hours will be reimbursed by Western Power an amount equal to the difference between the amount paid for jury service and the amount they would have received in respect of the ordinary time, including shift premiums, had they not have been on jury service. In order to be entitled to paid leave in accordance with this clause an employee shall notify Western Power as soon as possible of the date and duration of the jury service Public holidays Subject to sub-clause 22.7, an employee who is ordinarily rostered to work Monday to Friday is entitled to be absent on a public holiday without loss of pay, unless required to work on the public holiday. If required to work on the public holiday, the employee will be paid at double time and a half for each hour they work on that day. (e) If an employee is absent from work due to illness or injury on the day before or after a public holiday is observed, they will be required to provide Western Power with evidence that would satisfy a reasonable person (for example a medical certificate) that the employee was absent on that day due to illness or injury. Failure to provide such evidence may result in that person not being paid personal leave in relation to their absence on that day. A casual employee is not entitled to leave in accordance with this clause. Public Holidays will be observed as gazetted including New Years day, Australia Day, Western Australia Day, Anzac Day, Good Friday, Easter Monday, Foundation day, Queen s Birthday, Christmas day and Boxing day. Western Power may agree to substitute a public holiday for another day, in which case the substituted day will be treated as the holiday. A 7-day continuous shift employee will be entitled to receive an extra day of leave (up to 8 hours per occasion) where a public holiday falls on a non-rostered ordinary day. Page Number 21

22 (i) (ii) If an employee works overtime on the extra day, this sub-clause (e) will not apply and the employee will be paid at the appropriate overtime rate; Western Power at its discretion may elect to cash out the extra day at ordinary rates to the employee. 23. Termination of Employment 23.1 Western Power will give employees, in writing, 4 weeks notice of termination or provide payment in lieu of notice or part thereof. (e) (f) (g) Employees are entitled to an additional week s notice if they have completed at least 2 years of continuous service and are over the age of 45. An employee, other than a casual employee, may terminate their employment by providing 4 weeks notice, in writing. A casual employee s employment with Western Power may be terminated at any time by either Western Power or the casual employee providing the other with 1 day s notice. Western Power and the employee may agree to a lesser period of notice. If an employee fails to give Western Power the proper period of notice, or leaves Western Power before that notice expires, Western Power may withhold monies equal to the value of the number of days for which notice was not given. Monies withheld under this clause will be based on the employee s Base Rate plus any allowances they would have earned if they had worked in accordance with their rostered ordinary hours. Where an employee s employment has been terminated for serious misconduct, Western Power reserves the right to not provide notice or payment in lieu to the employee. Western Power has the right to suspend an employee with pay for the purposes of investigating a serious disciplinary matter. 24. Significant Changes to Employment and Redundancy 24.1 Redundancy Provisions In the event that Western Power makes a definite decision that is likely to have a significant effect on an employee s continuing employment, it will discuss those changes with the employee(s) as soon as reasonably practicable. Change that is likely to have such significant effect includes outsourcing of all or part of the business. An employee may involve an employee representative / workplace delegate in discussions regarding any changes. Should the position held by an employee be made redundant by Western Power, Western Power will attempt to find the employee suitable alternative employment. Page Number 22

23 (e) (f) (g) An employee who elects to be redeployed shall be subject to Western Power s Redundancy Policy. A redeployed employee shall be required to participate in any retraining within the employee s capabilities. In the event an employee refuses suitable alternative employment or to actively participate in retraining there will be no entitlement to severance pay. Should an employee be retrenched, he or she will be paid a severance payment equal to the value of the base salary (including any applicable shift premiums) he or she would have earned in 12 weeks (which serves as the notice period) plus 3 weeks for each completed year of service. Provided that the total severance payment available to an employee who was engaged prior to the 1 st of October 2008 will not be more that 87 weeks salary and up to 52 weeks for employees engaged from the 1 st of October In addition to 24.1 and employee with 3 or more years of completed years of service will be entitled to pro-rata long service leave. A retrenched employee shall also receive financial, lifestyle and career planning counselling in accordance with Western Power policy. Sub-clauses 24.1, 24.1, 24.1 and 24.1(e) will not apply to an employee where- (i) (ii) (iii) (iv) (v) the business or part of the business of Western Power, is before, during or after the date of this Agreement, transmitted or outsourced from Western Power to another employer (New Employer); the New Employer offers the employee employment on terms and conditions which, on balance, are the same as or no less favourable than the terms and conditions on which the employee is employed by Western Power; any accrued entitlements to personal leave are preserved and transferred to the New Employer; any accrued and untaken entitlements to annual leave and / or long service leave are paid out upon transfer of the employee to the New Employer or transferred to the employee s employment with the New Employer; and the continuous period of employment of the employee with Western Power is recognised by the New Employer for the purposes of all length of service related benefits Sub-clause 24.1 does not apply to casual or fixed term employees. 25. Health, Safety and the Environment Western Power views Occupational Safety & Health (OSH) and protection of the environment as core elements of the employment relationship. It seeks to create a work environment in which every employee has confidence that work is carried out in a safe manner and without harm to the environment. To achieve these goals, Western Power has established a system of work that seeks to continually improve in the area of OSH and environmental protection. Page Number 23