(a)
The parties agree that the relevant Consultative Committee currently
established shall remain so constituted throughout the life of this
Agreement and shall at all times be composed of representatives of
both the Company and the employees ("'the Committee").
(b)
The Consultative Committee shall accordingly be the consultative body
to who each of the parties hereto shall refer any matters relating to the
organisation or performance of work in the Company. In this regard the
Committee shall minute all matters coming before it and shall regularly
post such minutes for all the employees to view at the relevant
Company yard.
(c)
Each Consultative Committee shall consist of at least one Union
delegate and one senior management representative. The employee
representatives of each Consultative Committee will be elected at the
commencement of this Agreement in respect of each relevant Branch.
Where possible, the employee representatives nominated for election
should constitute a fair representative sample of the respective work
functions at each relevant Branch.
(d)
Each Consultative Committee shall discuss, for the purposes of
enhancing compliance with this Agreement, at least the following items
on a regular basis, with such discussions to be minuted and posted for
all relevant employees to view:
the ratio of casual employment to the number of directly hired
employees at the relevant Branch.
(e)
For the avoidance of doubt, each Consultative Committee does not
have the ability to make decisions about the running of the Company or
the application of this Agreement, including the matters referred to in
the preceding clause.
(f)
Each Consultative Committee may request access to information
relating to the matters identified in clause 18.3(d), and the Company
shall not unreasonably withhold such information.
19. TRAINING
19.1
As the Company embraces the technological advances and industrial reform
essential for its success, it is critical that employees embrace the concepts of
multi-skilling and additional training. This means that drivers and freight
handlers may be required to learn and experience different factors of the
Company's operations which are subject to the application of this Agreement.
All new employees are required to complete a Company induction program
which shall include an introduction from the relevant employee representative.
19.2
Where, as a result of consultation, it is agreed by the Company that additional
training should be undertaken by an employee, that training may be
undertaken either on or off the job. Provided that if the training is undertaken
during ordinary working hours or other working hours as approved by the
Company, the employee concerned shall not suffer any loss of pay. The
Company shall not unreasonably withhold such paid training leave.
19.3
Any costs associated with standard fees for prescribed courses and
prescribed textbooks (excluding those textbooks which are available in the
Company's technical library) incurred in connection with the undertaking of
training shall be reimbursed by the Company upon production of evidence of
such expenditure. Provided that reimbursement of standard fees may be
made at the completion of the prescribed course or annually, whichever is the
earlier, subject to reports of attendance at such courses.
19.4
Travel costs incurred by an employee undertaking training in accordance with
this clause which exceed those normally incurred in travelling to and from work
shall be reimbursed by the Company.
19.5
Members of OH&S committees will receive OH&S accredited training in
accordance with the relevant OHS Law.
19.6
"Blue Card" training is an independently provided training course aimed at
improving safety awareness.
19.7
The parties agree that_each new employee covered by this Agreement shall
undertake a "Blue Card" Training Program, conducted by a licensed "Blue
Card" training provider. This training is to be provided during the initial
Company induction training referred to above.
20. SAFE SYSTEMS OF WORK/DRUG AND ALCOHOL AND SAFE DRIVING PLANS
20.1
The Occupational Health and Safety of employees is the Company's highest
priority as outlined in our Fair Dealing Policy.
20.2
The Company agrees that all work be performed lawfully and in accordance
with safe systems of work which shall, inter alia, include:
(a)
A requirement to assess and eliminate or control risk in respect to
Fatigue, Speed, Mass Management, Load Restraint and Maintenance;
(b)
Meeting the cost of medical and other health related examinations in
accordance with clause 42 below;
(c)
Safe scheduling and trip management;
(d)
Comprehensive and effective fatigue management practices and
controls;
(e)
Safe driving plans and procedures for their use;
(f)
Drug and alcohol policy designed to eliminate professional drug use
amongst transport workers, supplementary labour and outside hire and to
ensure that no transport worker or supplementary labour worker or
outside hire worker performs work if they are impaired by drugs or
alcohol. The policy may include saliva testing (but must not include more
invasive forms of testing) and it must include procedures for its
development and implementation in consultation with transport workers
and the TWU; and
(g)
Record keeping requirements for accountability and compliance
purposes.
21. ACCESS TO THE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS
21.1
The Company must ensure that copies of this Agreement and the NES are
available to all employees to whom they apply either on a noticeboard which is
conveniently located at or near the workplace or through electronic means,
whichever makes them more accessible.
21.2
The Company shall supply a notice board of reasonable dimensions to be
erected or to be placed in a prominent position in the workplace upon which
accredited representatives of the Union shall be permitted to post formal
Union notices signed by such representative or representatives.
22. TWU RECOGNITION AND FREEDOM OF ASSOCIATION
22.1
The Company recognises the TWU as the union capable of representing
transport workers employed by the Company and acknowledges that the TWU
has the right to manage its own affairs.
22.2 The Company will recognise TWU delegates in their capacity as workplace
representatives of transport workers and will treat them fairly and allow them
to perform their role without discrimination or interference.
22.3 Union delegates will have the right to perform their functions in paid time,
including discussions and consultation with union members, representing
members in disputes and participating in collective bargaining.
23. UNION INDUCTIONS
Consistent with its recognition of the rights of transport workers to freely associate
with the TWU, the Company will allow for union inductions of new employees to be
conducted as part of the Company's normal induction process. These union
inductions will be for no more than 30 minutes in duration and subject to local
arrangements.
24. TWU DELEGATES' LEAVE
24.1
Delegate representatives from New South Wales and the Australian Capital
Territory are entitled to take a total pool of 210 days leave per annum to attend
to union business including training, attending industrial proceedings (including
FWA proceedings), negotiating Local Agreements and other agreements,
meeting and information sessions conducted by the TWU and to be involved in
Union campaigning.
24.2
In the event that the Company establishes any new facilities in New South
Wales and the Australian Capital Territory during the life of this Agreement,
then the total pool of delegates leave in accordance with this clause will be
increased by 15 days per annum for each new facility.
24.3
The amount of delegates' leave under this clause shall not accumulate from
year to year.
24.4
The delegate representative from each of New South Wales and the
Australian Capital Territory will be paid their average earnings during any such
periods of delegates' leave.
24.5
A delegate representative or the Union shall, in advance, consult and reach
agreement with the Company as to the timing and duration of the delegates'
leave to be taken. Without limiting the foregoing, a delegate representative or
the Union shall give the Company at least five working days' notice of the
delegate representative's intention to attend such union business and the
leave to be taken, or such shorter period as the Company may agree to
accept, in which case the Company will not unreasonably refuse.
24.6
The taking of such leave shall be arranged having regard to the operational
requirements of the Company so as to minimise any adverse effect on those
requirements. The taking of leave shall not be unreasonably withheld by the
Company.
25. RIGHT OF ENTRY
25.1
This clause sets out the agreement between the Company and the TWU with
respect to their rights and obligations of right of entry, other than under an
OHS law, in a manner which is consistent with Part 3-4 of the Fair Work Act.
25.2
The Company will allow an authorised industrial officer to enter the Company's
premises as set out in this clause.
25.3
For the purposes of this clause, "authorised industrial officer" means an officer
or an employee of the TWU who:
(a)
holds or obtains an entry permit recognised for the purposes of Part 3-4
of the Fair Work Act 2009, as amended from time to time, at the date of
commencement of this clause; and
(b)
continues to hold such an entry at the time of exercising right of entry
under this protocol.
25.4
For the purposes of this clause, "relevant employee" means an employee of
the Company who is covered by this Agreement.
25.5
Right of entry under an OHS law will be exercised in accordance with the right
of entry provisions in the relevant State or Territory occupational health and
safety legislation and the Fair Work Act 2009, as amended from time to time.
25.6
On the giving of at least 24 hours' written notice, an authorised industrial
officer may enter, during working hours, the Company's premises where
relevant employees are engaged, for the purpose of holding discussions with
relevant employees who wish to participate in those discussions in any lunch
time or non-working time.
25.7
On the giving of at least 24 hours' written notice, an authorised industrial
officer may enter, during working hours, the Company's premises where
relevant employees are engaged, for the purpose of investigating any
suspected breach of this Agreement or the Fair Work Act.
25.8
On the giving of at least 24 hours' written notice, an authorised industrial
officer may, for the purpose of investigating a suspected breach of this
Agreement or the Fair Work Act, require the Company to produce for
inspection, during usual office hours at the Company's premises, any records
or other documents kept by the Company that are related to the suspected
breach (to the extent the records or documents relate to the employment of a
person who is a member of the TWU) and may make copies of the entries in
any such records or other documents related to any such suspected breach.
25.9
An authorised industrial officer must not deliberately hinder or obstruct the
Company or employees during their working time.
25.10 The Company must not hinder or obstruct an authorised industrial officer in
the exercise of the powers referred to in this clause.
25.11
Should any issue arise concerning the operation of this clause, it shall be dealt
with by way of clause 17 -Settlement of Disputes.
26. DEMARCATION
26.1
In line with our corporate desire to operate as a Team towards mutually
accepted goals, managers and employees shall be allowed to engage in
freight handling and fleet functions in certain circumstances and conditions
(such as, but not limited to following Labour day long weekend) provided that
the TWU yard delegate (or nominee) is consulted on each occasion.
26.2
Managers and employees will be able to handle freight without consultation in
the following circumstances: ·