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ENTERPRISE AGREEMENT 2011-2013
PART 1-APPLICATION AND OPERATION OF AGREEMENT 1. AGREEMENT TITLE 2. DEFINITIONS 3. DURATION AND SCOPE 4. PARTIES BOUND AND APPLICATION 5. RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS AND LEGISLATION 6. ANTI-DISCRIMINATION 7. NOTICE BOARDS 8. SHARED VALUES AND OBJECTIVES PART 2 -FLEXIBILITY, CONSULTATION AND DISPUTE RESOLUTION 9. WORKPLACE FLEXIBILITY 10. CONSULTATIVE MECHANISM AND PROCEDURES 11. CONFIDENTIALITY 12. DISPUTE SETTLEMENT PART3-CONTRACTOFEMPLOYMENT 10 13. CATEGORIES OF EMPLOYEES 14. LABOUR AGENCIES 15. TERMINATION OF EMPLOYMENT 16. REDUNDANCY PART 4 -HOURS OF WORK AND OVERTIME 17. HOURS OFWORK-DAYWORKERS 18. LETTER OF ENGAGEMENT FOR PART TIME EMPLOYEES 19. SHIFT WORK 20. TIME OFF 21. MEAL AND TEA BREAK 22. OVERTIME PART 5 -WAGES AND ALLOWANCES 20 23. JOB CLASSIFICATIONS AND WAGES 24. EMPLOYEE DUTIES 25. PAYMENT OF WAGES 26. ALLOWANCES PART 6 -TYPES OF LEAVE AND PUBLIC HOLIDAYS 27. ANNUAL LEAVE 28. ANNUAL LEAVE -SEVEN DAY SHIFT WORKERS 29. LEAVE AS DIRECTED 30. CASHING OUT OF ANNUAL LEAVE 31. PUBLIC HOLIDAYS 32. PERSONAL LEAVE 33. LONG SERVICE LEAVE 34. COMPASSIONATE LEAVE 35. COMMUNITY SERVICES LEAVE 36. PARENTAL LEAVE 37. LEAVE TO ATTEND AS WITNESS IN INDUSTRIAL PROCEEDINGS 38. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS PART 7 -EMPLOYEE LEARNING & DEVELOPMENT 39. SKILLS DEVELOPMENT PART 8 -POSITION PROFILES 38 SCHEDULE A -JOB CLASSIFICATIONS AND WAGE RATES SCHEDULE B -FIRST AID ALLOWANCE SCHEDULE C -OVERTIME MEAL ALLOWANCE SCHEDULE D -FORKLIFT ALLOWANCE SCHEDULE E -BENEFIT DISTRIBUTION SCHEDULE F -GUIDELINES ON ROLE, RIGHTS RESPONSIBILITIES SUPPORT UNION DELEGATES PART 1-APPLICATION AND OPERATION OF AGREEMENT
This Agreement is called the Decipha Pty Limited Enterprise Agreement 2011 -2013 2.1. For the purpose of this agreement: 2.1.1. Act means the Fair Work Act; 2.1.2. FWA means Fair Work Australia; 2.1.3. Regulations means the Fair Work Regulations 2009 (Cth) 2.1.4. Agreement means the Decipha Pty Limited Enterprise Agreement 2011 -2013; 2.1.5. Employer means Decipha Pty Limited ABN 31100126396 (Decipha); 2.1.6. Manager/Supervisor and management means a manager or supervisor of Decipha Pty Limited; 2.1.7. Employee means an employee of Decipha Pty Limited; 2.1.8. Union means the Communications, Electrical, Electronic, Energy, InfOlIDation, Postal, Plumbing and Allied Services Union of Australia (CEPU).
3.1.
Duration
3.2. Agreement not to be used as a precedent
4. PARTIES BOUND AND APPLICATION
4.1. Parties bound -This agreement is binding upon: 4.1.1. the Communications, Electrical, Electronic, Energy, InfOlIDation, Postal, Plumbing and Allied Services Union ofAustralia, its officers and members; and 4.1.2. Decipha Pty Limited. 4.2. Application 4.2.1. This agreement applies to all employees employed by Decipha Pty Limited in classifications covered by this agreement. 5. RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS AND LEGISLATION Subject to Clause 4.2, this agreement is a comprehensive agreement. However, it does not override State laws relating to Long Service Leave and State and Commonwealth laws relating to Occupational Health and Safety. 6.1. Both the employer and the union: 6.1.1. respect and value the diversity of the workforce; 6.1.2. will, in accordance with the relevant anti-discrimination legislation and the employer's policies, help to prevent and eliminate discrimination within the workplace based on a person's disability, sex, race, colour, national or ethnic origin, pregnancy, breastfeeding, age, trade or profession, physical features, marital status, social origin, parental/family status, sexuality/sexual orientation (ie sexual preference), irrelevant medical or criminal record, caring responsibility, union/employer association activity, religion, political belief or personal association; and 6.1.3. will endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effect. The employer will pennit the use of notice boards at the workplace to facilitate workrelated communication between employees and their representatives, including the union. The employer retains the right to reject and remove the posting of any material that might reasonably be considered offensive or is not in relation to this agreement or the employment relationship. 8. SHARED V ALVES AND OBJECTIVES
8.1.
Objectives of the agreement
8.1.1.
The objectives ofthis agreement are to:
8.2.
Availability of the agreement
PART 2 -FLEXffiILITY, CONSULTATION AND DISPUTE RESOLUTION
9.1. Facilitative provisions 9.1.1. A facilitative provision provides for a standard approach in the agreement to be departed fi:om by agreement between the employer and either an individual employee or the majority of employees in the workplace. 9.1.2. Facilitative provisions are contained in the following clauses of this agreement: Subject Matter Clause Part-time employees 13.4.3 Casual employees 13.6.1 (ii) Span of ordinary hours 17. 1 (iii) Public Holiday shift 19.4 Roster Changes 19.10 Time off 20 Meal break 21.1 Substitution of public holidays 31.49.1.3. Facilitative provisions are not to be used as a device to avoid agreement obligations, nor should they result in unfairness to an employee or employees covered by this agreement. Employees are not to be coerced to reach agreement on facilitative provisions. 9.1.4. The agreement reached with either an individual employee or the majority of employees in the workplace or part of it must be recorded in the time and wages records kept by the employer in accordance with Pmi 3 -6 of the Fair Work Regulations 2009 (Cth). 9.1.5. In the case of facilitation by individual agreement, an employee may be accompanied by a person of his or her choice when conferring with the employer about the proposed implementation of the facilitative provisions. That person may be a union representative and must be given a reasonable oppOliunity to pmiicipate in the negotiations. 9.1.6. In the case of facilitation by majority agreement involving one or more of its members, the union will be infOlmed of the intention to use the facilitative provision and must be given the oppOliunity to pmiicipate in the negotiations. 9.1.7. Union involvement does not mean the union's consent is required prior to the introduction of agreed facilitative arrangements. 9.1.8. Where relevant circumstances change, any party to the agreement can review the arrangements established under these facilitative provisions, and can, subject to an appropriate period of notice, withdraw agreement. 9.1.9. In the event that a dispute or concem arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with Clause 12 -Dispute settlement. 10. CONSULTATIVE MECHANISM AND PROCEDURES 10.1. The pmiies agree that consultation will occur and is impOliant in maintaining positive working relationships between Decipha, its employees and the union. Decipha acknowledges that consultation prior to any significant change and on the consequences of that change is critical to maintaining positive workplace relationships and positive business outcomes. However, the parties also acknowledge that the consultative processes need to have regard to the competitive business environment that Decipha operates within and the associated need that may exist for time limited business decision making. 10.2. The patties agree to have a consultative fOlUm at least every 6 months. consultative stmcture and procedures will be agreed between the patties. The 10.3. The employer and the union agree to develop specific arrangements and protocols for the conduct of union affairs that foster constmctive and positive relationships, do not adversely impact on the employer's operations and respect the rights of employees. 11.1. Each employee understands that during the course of their employment, each employee will have access to celtain information of a confidential nature. Each employee agrees: 11.1.1. not to disclose any confidential infonnation to any person, company or organisation during or following each employee's employment unless the disclosure has been approved by the employer; 11.1.2. not to remove any confidential infOlmation from the employer's premises or the premises of a customer of the employer, nor copy or duplicate any such information except in the ordinary course of employment; and 11.1.3. to retum all confidential infonnation and propelty inImediately on request of the employer or in the event of the telmination of each employee's employment. l2.1. Principles 12.1.1.
The Patties to the Agreement recognise that there exists a mutual responsibility
to work cooperatively to resolve disputes over workplace matters, as far as is
practicable, at the workplace level. Accordingly, in relation to a dispute over the
application of the Agreement arising during the life of the Agreement, the Patties
commit themselves to:
12.1.2. While the patties are attempting to resolve the matter, the employee(s) will continue to work in accordance with the Agreement and their contract of employment, unless the employee(s) has/have a reasonable concem about an inImediate threat to their health or safety. In such circumstances and subj ect to relevant Occupational Health & Safety legislation, the employee(s) must not umeasonably fail to comply with a direction by Decipha Pty Limited to perfOlm other available work that is appropriate for the employee( s) to perform. 12.1.3.
In resolving any dispute, the parties will have regard to the principles ofDecipha
Pty Limited having the accountability to:
12.2. Disputes If a dispute relates to:
12.3.
Dispute Resolution Procedures
12.3.1. It is agreed that where disagreements arise, the following procedure will apply:
12.4. Fair Work Australia Conciliation
12.5. Independent Mediation 12.5.1. If the conciliation by Fair Work Australia has been unsuccessful in resolving the dispute, a party to the dispute may refer the dispute to a third patiy mediator agreed to by both patties. If the patties are unable to agree on a mediator, the Institute of Arbitrators & Mediators Australia Mediation Rules will apply in relation to the appointment of a mediator. 12.5.2.
Having regard to the terms of this Agreement, the National Employment
Standards and the principles set out in Clause 12.1.3, the independent mediator
must assess the merits of the matter and make a non-binding recommendation
that:
12.5.3. The independent mediator may make non-binding recommendations regarding how the matter may be resolved between the parties prior to arbitration. 12.5.4. The cost of the mediator will be shared equally between the parties and each party will pay its own costs for the mediation. 12.6. Arbitration 12.6.1. If the independent mediator has detelmined that the dispute is appropriate for arbitration, then a pmiy to the dispute may elect to have the matter arbitrated by Fair Work Australia. 12.6.2.
Fair Work Australia may only detelmine the matter by arbitration if all the
conditions set out in this Clause 12.6.2 are satisfied:
12.6.3.
In arbitrating the dispute, Fair Work Australia may:
12.6.4. A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Division 3 of Pmi 5-1 of the Fair Work Act. Therefore, an appeal may be made against the decision. 12.7. Training Disputes Resolution Training: 12.7.1. To assist in dispute resolution, a union delegate or employee representative who has had at least 6 months continuous service with the employer, will be granted leave of absence, at ordinary rates of pay, to attend ShOli courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. 12.7.2. The specific training courses will be agreed between the employer and the individual employee. 12.7.3. The granting of leave will be subject to the operational requirements of the employer. Such leave will be granted up to a maximum of 5 days per calendar year and will not accumulate. 12.7.4. An employee granted leave who fails to attend the nominated course, will notify the employer as a soon as practicable. No payment will be made to any employee until satisfactory proof of attendance at the nominated course is produced. 12.8. Redundancy disputes procedure 12.8.1. Clauses 12.8.2 and 12.8.3 impose additional obligations on an employer where an employer contemplates telmination of employment due to redundancy and a dispute arises ("a redundancy dispute"). 12.8.2.
Where a redundancy dispute arises, and it has not already done so, an employer
must provide affected employees and the relevant union or unions (if requested
by an affected employee) in good time, with relevant infOlmation including:
12.8.3. Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the employees concemed.
13.1. Terms of engagement 13.1.1. A person may be employed as a pelmanent, fixed term or casual employee. 13.1.2. A person engaged as a permanent or fixed telm employee can be employed on a full-time or part-time basis. 13 .1.3. At the time of engagement, the employer will infOlm each employee in writing
of:
13.2. Permanent Employment Decipha recognises the value of its pelmanent workforce and is committed to providing pelmanent employment as the preferred employment option, where the flow of work provides for and there is an ongoing business need for such full time employment. In cases where the flow of work or existing business need does not provide for pelmanent full time employment, the prefe1Ted employment option is permanent part time employment. 13.3. Period of probation Unless an employee's employment is terminated pursuant to Clause 15.1.3 or due to unsatisfactory perfOlmance, a person engaged as a permanent employee, will be on probation for three months. After this period, the employment will either be confuIDed or telIDinated. 13.4. Part time employee 13.4.1.
A patt time employee:
13.4.2. Specific consultation will occur with the union where it is proposed to implement a three hour minimum daily engagement option at a patticular work site. 13.4.3. The employer will infOlID a part-time employee in writing, on engagement, of the hours and times he or she will be required to work. The hours and times of work may be subsequently varied by agreement with the employee, or by the employer providing the employee with 2 weeks' notice to apply in both cases of an increase or a reduction in hours. 13.4.4. A patt time employee is required to be available to work such hours, within the specified span of hours at Clause 17 -Hours of work, as are necessary to meet Decipha business operational needs. 13.4.5. A patt time employee will be paid a pro rata salary in accordance with the relevant job classification. 13.4.6. The conditions provided in this agreement will apply to a patt-time employee on a pro rata basis unless otherwise specified. 13.4.7. At the employees request, Decipha will review the status of a patt time employee who on a regular basis is engaged for hours in excess of their nominated fortnightly hours of work, for a period exceeding 6 months. In circumstances where the requirement to work excess hours is likely to continue on an ongoing basis, and there is a genuine business need, the employee's hours may be increased to the hours that have actually been worked. 13.5. Fixed term employee 13.5.1. A fixed telID employee is a person engaged for an extended fixed period, or to undeltake a specific task. 13.5.2. Decipha Pty Limited recognises the value of a permanent workforce and is committed, as far as is commercially viable and practicable, to providing permanent employment as the preferred option. 13.5.3. The period of continuous employment as a fixed telID employee will be detelIDined by the duration of each contract and be for up to a maximum of one year for anyone contract period. However, the period can be extended for a fmther year by agreement between the patties. 13.5.4. Disputes about the extent of the use of long term fixed telID employment should follow Clause 12 -Dispute Settlement. 13.6. Casual employees 13.6.1.
A casual employee:
13.6.2. The following clauses of this agreement do not apply to casual employees: Clause Number Subject Matter
Decipha Pty Limited will ensure that any employee of a labour hire agency engaged by Decipha Pty Limited will be paid the same rate ofpay as ifthey had been an employee of Decipha Pty Limited. Decipha Pty Limited will notify CEPU of labour suppliers. 15.1. Notice period 15.1.1. Subject to Clause 13.5, where the services of a fixed telID employee are tenninated before the expilY of the period fixed by the telIDS of engagement, or the employment of a permanent employee is tenninated, the employee must be given the following notice: Period of continuous service Period of notice
15.1.2. In addition to the notice in Clause 15.1.1 above, employees over 45 years of age at the time of the giving of notice, with not less than 2 years continuous service with the employer, are entitled to an additional one weeks' notice. 15.1.3. The employer may terminate the services of a permanent or fixed telm employee at any time for behaviour or performance that warrants such action. In exercising this right Decipha Pty Limited shall not take action which is harsh, unjust or unreasonable, Such action includes:
For the purpose of this clause, grossly negligent conduct involves a reckless act or omission that causes or could cause significant damage or hann. 15.1.4. An employee on probation will be given one week's notice of termination or payment in lieu of notice, except where an employee's employment is terminated for serious misconduct and/or grossly negligent conduct. 15.1.5. The notice of telmination required to be given by an employee is the same as that required of the employer in Clause 15.1.1 above, excluding the additional notice based on the age of the employee concemed referred to in Clause 15.1.2. 15.2. Review of termination of employment An employee may exercise his or her rights pursuant to the Fair Work Act, in relation to a tennination decision under this agreement. 15.3. Notice oftermination by an employee 15.3.1. The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concemed. 15.3.2. If an employee fails to give the notice specified in Clause 15.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under Clause 15.1.1. 16.1. Definitions 16.1.1. Business includes trade, process, business or occupation and includes part of any such business. 16.1.2. Redundancy occurs where an employer has made a defInite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour. 16.1.3. Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a conesponding meanmg. 16.1.4.
Week's pay means the ordinary time rate of pay for the employee concerned,
provided that such rate shall exclude:
16.2. Discussions before termination 16.2.1. Where the employer has made a defmite decision that it no longer requires the essential elements of the job that an employee(s) has/have been doing to be done by the employee(s) and this is not due to the ordinaIY and customary tumover of labour and that decision may lead to termination of employment, the employer will hold discussions with the employee( s) directly affected and with the union. Where practicable, the employer will offer voluntary redundancy as a first option. Affected employee(s) will be provided at least 2 weeks' notice in order to be able to make their decision. 16.2.2. The discussions will take place as soon as is practicable after the employer has made a defmite decision which will invoke the provisions of Clause 15.1.1 above and will cover, inter alia, reasons for the proposed tennination(s), measures to avoid or minimise the tennination(s) and measures to mitigate any adverse effects of any termination( s) on the employee( s) concemed. 16.2.3. The employer will, at the time of the initial discussions with the employee(s) and the union, concunently provide a written advice to the employee(s) concerned and the union of all relevant infOlmation about the proposed telmination(s), including the reasons for the proposed termination(s), the number of categories of employees likely to be affected, the number of people nOlmally employed and the period over which the telmination(s) is likely to be can'ied out. However, the employer will not be required to disclose confidential infOlmation, the disclosure of which would be detrimental to the employer's interests. 16.2.4. The employer will explore redeployment oppOliunities within Decipha Pty Limited should an employee face redundancy. 16.3.
Transfer to lower paid duties
16.2.1 above, the employee will be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been telminated. The employer may elect to make payment in lieu of notice of an amount equal to the difference between the employee's former ordinary time rate of pay and the new lower ordinary time rate ofpay for the number of weeks of notice still owing. 16.4. Severance pay 16.4.1. An employee who is made redundant is entitled to the following severance pay based on the employee's continuous period of service with the employer: Period of Continuous Service Severance Pay
"Weeks" pay" means the ordinaty time rate ofpay for the employee concemed. 16.4.2. The severance payments are in addition to the periods of notice specified in Clause 15.1.1. 16.5.
Employee leaving during notice period
16.6.
Alternative Employment
16.7. Time off during notice period 16.7.1. During the period of notice of tennination, an employee will be allowed up to one day's time off with pay during each week of notice to seek other employment. 16.7.2. Payment for additional leave for this purpose will be subject to the employee producing proof of attendance at an interview. (A statutOlY declaration will be sufficient for this purpose.) 16.8.
Exclusions
16.9.
Transmission of business
16.9.1. the continuity of employment of the employee will be deemed not to have been broken by reason of such transmission; and 16.9.2. the period of employment which the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee. 16.9.3. In this clause, business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. PART 4 -HOURS OF WORK AND OVERTIME
17.1.
The ordinary hours of work:
18. LETTER OF ENGAGEMENT FOR PART TIME EMPLOYEES For all new pmi-time employees, the letter of employment will reflect consistent underlying hours they are required to work, as their ordinary hours. All existing pmitime employees will be advised in writing of the consistent underlying hours they are required to work, as their ordinary hours. This will be provided to these existing employees, within a 12 month period 1iom the date of certification of this agreement. 19.1. Definition For the purpose of this clause: 19.1.1.
shift worker means an employee who is rostered on:
19.1.2. seven day shift worker means an employee who is rostered to and works regularly on Sundays and Public Holidays. 19.1.3. afternoon shift is a shift that finishes after 6.00pm and before or at midnight; 19.1.4. night shift is a shift that finishes after midnight and before or at 7.00am. 19.2. Ordinary hours
19.2.1. will be 38 hours per week or an average thereof over a cycle of shifts; and 19.2.2. may be between six and ten hours on anyone day. 19.3. Shift penalties
19.3.1. Monday to Friday
19.3.2. Saturday
19.3.3. Sunday
19.3.4. Public Holiday 150% 19.4. Public holiday shift
19.5. Payment during annual leave
19.6. Payments stand alone
19.7. Exchange of shifts
19.8.
Interval between shifts
19.9.
Day off instead of public holiday
19.10.
Roster changes
By agreement between the employer and an employee, an employee may work in excess of ordinary hours to enable time off to be accumulated over a cycle of 4 weeks. The accumulated time off will be taken at a time mutually convenient to the employee and the employer. A maximum of 22 hours 48 minutes may be accumulated. Any hours accumulated in excess of 22 hours 48 minutes will be paid at oveltime rates in accordance with Clause 22 -Oveltime.
21.1.
Meal break
21.2.
Tea break
22.1. Reasonable overtime 22.l.l. Subject to Clause 22.1.2 an employer may reqUll'e an employee to work reasonable oveltime at oveltime rates. 22.l.2.
An employee may refuse to work overtime in circumstances where the working
of such oveltime would result in the employee working hours which are
umeasonable having regard to:
(i)
any risk to employee health and safety;
22.2. Definition Overtime is paid for all authorised work outside ordinary hours outlined in Clause 17 -Hours of work. 22.3.
Rate of pay -day workers
22.4.
Full time employees
22.5
Part time employees
22.5.
Rest period after overtime
22.6.
Time off in lieu of overtime
23. JOB CLASSIFICATIONS AND WAGES
23.1.
Job classifications and wages
23.2.
Annual increments
Movement between levels (e.g. Team Member to Technical Operator) can only occur through promotion or successful appointment to an adveliised position. 23.3.
Review of classification structure
The pmiies agree to review the classification structure where there is a genuine business need with a view to enhancing the Decipha business and promoting skill and career development of Decipha employees. 23.4.
Junior rates
TABLE 1
The employer may direct an employee to catTy out such duties as are within the limits of the employee's skills, competence and training, consistent with the relevant job classification. Any such direction will be consistent with the employer's responsibility to provide a safe and healthy work environment.
25.1.
Wages will be paid:
26.1.
First aid allowance
26.2.
Mixed functions
26.3.
Overtime meal allowance
26.4. Travel allowance 26.4.1. Where an employee is required to travel to perfOlID work on more than one site (Decipha or Client) per day, and either uses their own private motor vehicle, or public transpOli to attend the additional or secondary site (Decipha or Client) the employee will be entitled to be reimbursed for mileage. The calculation for mileage will be based on the rates in line with the Australian Taxation Office's Rates per business kilometre table. If public transport fares are incurred for travel to the additional or secondary site, the actual cost ofthe fares will be reimbursed subject to the provision oftranspOli tickets or receipts. Such instances may include employees required to travel to more than one site per day to perform relief functions, or to cover for unplanned employee absences. In such instances, the employee will be paid at their rate ofpay for the time incurred during travel to the secondary location. 26.4.2. Travel allowance or parking reimbursement is also available in accordance with Clause 26.4.1 where an employee working on a pmiicular day is required to work at a secondary work location on a temporary basis. In such circumstances the mileage or travel allowance for that day is limited to the difference (if any) between the kilometres/cost travelled to and from home to the initial place of work and the kilometres/cost distance travelled to and from home to the second place of work. The payment will be made for the difference in incremental kilometres/cost travelled and will include reimbursement for any parking costs incurred at this temporary location. Such instances include circumstances where an employee is required to change their work arrangements on a temporary basis (for a period of up to 4 weeks) to provide relief to cover planned leave or unplanned absences. 26.5.
Forklift Allowance
PART 6 -TYPES OF LEAVE AND PUBLIC HOLIDAYS
27.1. Entitlement 27.1.1. A full time employee will receive 152 hours annual leave per annum, which will accme progressively from the employee's commencement date, unless otherwise adjusted in accordance with the Fair Work Act. Annual leave for part time employees will be on a pro rata basis. 27.1.2. Annual leave accmed may be taken on a pro rata basis subject to operational requirements. 27.1.3. An employee can be required to take annual leave in consecutive days for operational or audit reasons. 27.1.4. Ordinarily, leave is to be taken within 12 months of accmal. 27.1.5. Decipha Pty Limited reserves the right to direct employees to take annual leave in celiain circumstances where excessive leave has accmed. 27.2.
Timing of annual leave
27.3. Annual leave exclusive of public holidays The annual leave provided in Clause 27 and Clause 28 holidays. IS exclusive of public 27.4. Payment on termination
An employee whose services are telminated for any reason anaccumulated annual leave in accordance with Clause 27
28. ANNUAL LEAVE -SEVEN DAY SHIFT WORKERS 28.1. Additional annual leave 28.1.1. In addition to the period of annual leave prescribed in Clause 27 -Annual leave, seven day shift workers, that is, shift workers who are rostered and work regularly on Sundays and Public holidays, are allowed an additional 38 hours of annual leave. 28.1.2. Where a seven-day shift worker works an overtime shift on a Sunday, that will constitute Sunday work for the purposes of this clause, providing the oveltime shift is of a duration that is not less than four (4) hours subject to the provisions in Clauses 13.4 -Patt-Time Employees and 13.6-Casual Employees. 28.1.3. Where a rostered overtime shift commences on a Saturday and extends into Sunday or commences on a Sunday and extends into Monday, it is deemed to be a Sunday oveltime shift for the purposes of Clause 28 -Annual Leave -Seven Day Shift Workers. 28.2. Pro rata entitlement 28.2.1. Where a seven-day shift worker is rostered to work, and works on less than 10 Sundays during the actual period, the shift worker is entitled to pro rata additional leave at the rate of 111 Oth of a working week in respect of each Sunday worked. 28.2.2. Where a seven-day shift worker is a patt-time employee, and works less than 10 Sundays during the accmal period, entitlement to the additional annual leave in Clause 28.1.1 shall apply pro-rata to the patt-time employee on the basis that ordinary weeki y hours for full time employees are 38. Where operational requirements necessitate or an employee cannot usefully be employed because of a breakdown of machinery or any stoppage of work for any cause for which the employer cannot be held responsible, the employer may roster an employee to take leave at a nominated time, whether or not the employee has made an application. 30. CASHING OUT OF ANNUAL LEAVE
An employee can cash-out Annual Leave subject to the following provisions:
31.1. Designated holidays 31.1.1.
The following days will be observed as public holidays:
31.1.2. New South Wales: the day that Australia Post observe as the additional Public Holiday will be the day adopted by Decipha Pty Limited; 31.1.3. Victoria: Melboume Cup Day; 31.1.4. Queensland: Royal National Show; 31.1.5. South Australia: Adelaide Cup Day; 31.1.6. Western Australia: Foundation Day; 31.1.7. Tasmania: Royal Hobart Regatta (Southem Tasmania) or Recreation Day (Northem Tasmania); 31.1.8. Northern Territory: Picnic Day and May Day; 31.1.9. ACT: Canberra Day. 31.2. Substitute holidays 31.2.1.
Christmas Day
31.2.2.
Boxing Day
31.2.3.
New Year's Day or Australia Day
31.3.
Payment for work on substituted day
31.3.1. The payment for work on the substitute day will be in accordance with Clause 17 -Hours of work or Clause 22 Overtime. 31.4. Substitution of public holidays by agre~l)1ent The employer and an individual employee may agree to the employee taking another day as the public holiday, in lieu of the day that is being observed as a public holiday in the employee's workplace. 31.5. Public holiday duty 31.5.1. Where the ordinary hours of a pelIDanent or fixed telID employee fall on a public holiday and the employee does not perfOlID work, the employee will not lose pay for the day. 31.5.2. Where the employee works on the public holiday he or she will be paid the public holiday penalty of 150% in addition to the employee's ordinary rate of pay; and 31.5.3. the minimum extra payment payable for ordinary work on a public holiday for each separate attendance will be for four (4) hours subject to the provisions in Clauses 13.4 and 13.6. 31.6. Local Holidays 31.6.1.
Local substitution holiday
31.7.
Additional Holidays
32.1.
Eligibility
32.1.1. due to personal illness or injUly (Sick leave); or 32.1.2. for the purposes of caring for an immediate family (as defmed in Clause 32.5.2) or a household member because of illness or injury and requires the employee's care and support or who requires care due to an unexpected emergency (Carer's leave). 32.2. Entitlement 32.2.1. A full time employee will receive 76 hours of personal leave per annum, which will accrue progressively from the employee's commencement date, unless othelwise adjusted in accordance with the Fair Work Act. Personal leave for pmi time employees will be on a pro rata basis. 32.3. Accrual
32.4. Leave for personal injury or illness 32.4.1. Eligibility
The employer may grant an employee leave of absence on account ofpersonal illness
or injury (Sick leave) without deduction from normal pay, subject to the following
conditions:
32.4.2. Sick leave without certificate
32.4.3. Illness on public holiday
32.4.4. Illness during annual leave
32.4.5. Failure to produce satisfactory evidence
32.4.6. Requirement to provide medical report or attend a medical examination
32.4.7. Timing of medical report
32.4.8. Direction to take sick leave
32.5. Carer's leave 32.5.1. Eligibility
In normal circumstances, an employee is not entitled to take carer's leave under this clause if another person has taken leave to care for the same person. 32.5.2. Definition of immediate family
32.5.3.
Leave credit
32.5.4. Unpaid leave
32.5.5. Prior notice
If this is not practicable, the employee will notifY the employer by telephone of such absence at the first opportunity on the day of absence. Long Service Leave entitlements and conditions are in accordance with local State/Tenitory legislation in place and applying from time to time.
34.1. Entitlement
34.2. Taking of compassionate leave 34.2.1.
An employee may take compassionate leave for a patiicular permissible occasion
if the leave is taken:
34.3.
An employee must give Decipha pty Limited notice of taking compassionate
leave:
34.4.
An employee may take compassionate leave for a particular permissible
occasion if the leave is taken as:
34.5.
Personal illness or injury
34.6.
Immediate family
35.1. Entitlement to be absent from employment for engaging in eligible community service activity 35.1.1.
An employee who engages in an eligible community service activity is entitled to
be absent from his or her employment for a period if:
35.2. Meaning of eligible community service activity 35.2.1.
General
35.2.2. Voluntaty emergency management activities
An employee engages in a voluntary emergency management activity if, and
only if:
35.2.3. A recognised emergency management body is:
35.2.4.
Regulations may prescribe other activities
35.3. Notice and evidence requirements 35.3.1.
Notice
35.3.2. Evidence
35.3.1. must give evidence that would satisfy a reasonable person that the absence is because the employee has been or will be engaging in an eligible community service activity. 35.3.3. Compliance
35.4. Payment to employees (other than casuals) on jury service 35.4.1.
This section applies if:
35.4.2. Subject to Clauses 35.4.3, 35.4.4 and 35.4.5 Decipha Pty Limited will pay the employee at the base rate ofpay for the employee's ordinary hours of work III the period. 35.4.3.
Decipha Pty Limited requires the employee to give the employer evidence that
would satisfy a reasonable person:
35.4.4.
In accordance with Clause 35.4.3:
35.4.5.
If an employee is absent because of jury service in relation to a pmticular jury
service summons for a period, or a number of periods, of more than 10 days in
total:
36.1. Provisions 36.1.1. Subject to the terms ofthis clause, employees are entitled to Matemity, Paternity and Adoption Leave and to work pmt-time in connection with the bilth or adoption of a child. 36.1.2. The provisions of this clause apply to pelIDanent and fIxed telID full-time and pmt-time employees and eligible casual employees, but do not apply to other casual employees. 36.1.3.
An eligible casual employee means a casual employee:
36.1.4. For the purposes of this clause, continuous service is work for Decipha Pty Limited on a regular and systematic basis (including any period of authorised leave or absence). 36.1.5.
Decipha Pty Limited must not fail to re-engage a casual employee because:
36.1.6. The rights of Decipha Pty Limited in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause. 36.2. Definitions 36.2.1.
For the purpose of this clause, child means a child of the employee under the age
of 16 years who is placed with the employee for the purposes of adoption, other
than a child or step-child of the employee or of the spouse of the employee or a
child who has previously lived continuously with the employee for a period of
six months or more.
36.3.
Basic entitlement
36.4. Maternity leave 36.4.1.
For females, paid maternity leave is applicable for a period of six weeks, under
the following conditions:
36.5.
Special Maternity Leave
36.6. Paternity Leave 36.6.1. An employee is entitled to unpaid Paternity Leave for up to 52 weeks after the bilih of a child of a spouse. 36.6.2.
An employee will provide to Decipha Pty Limited at least ten weeks prior to each
proposed period ofPatemity Leave, with:
36.6.3. The employee will not be in breach of Clause 36.6.2 if the failure to give the requiloed period of notice is because of the bilih occUlTing earlier than expected, the death ofthe mother ofthe child, or other compelling circumstances. 36.7. Adoption Leave 36.7.1. An employee is entitled to unpaid adoption leave for up to 52 weeks after the adoption of a child. 36.7.2. The employee will notify Decipha Pty Limited at least 10 weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier. 36.7.3. Decipha Pty Limited may require an employee to provide confllmation from the appropriate government authority of the placement. 36.7.4. Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify Decipha Pty Limited immediately and Decipha Pty Limited will nominate a time not exceeding four weeks from receipt of notification for the employee's retum to work. 36.7.5. An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances. 36.7.6. An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as pmt of the adoption procedure. The employee and Decipha Pty Limited should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, Decipha Pty Limited may require the employee to take such leave instead. 36.S.
Variation of period of parental leave
36.9. Parental leave and other entitlements 36.9.l.
An employee may in lieu of or in conjunction with parental leave, access any
annual leave or long service leave entitlements which they have acclUed subject
to the total amount of leave not exceeding 52 weeks or longer as agreed under
Clause 36.13.1.
36.10. Transfer to a safe job 36.10.1.Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if Decipha Pty Limited deems it practicable, be transferred to a safe job at the rate and on the conditions attached to that job until the commencement of maternity leave. 36.10.2.Ifthe transfer to a safe job is not practicable, the employee may elect, or Decipha Pty Limited may require the employee to commence maternity leave for such period as is certified necessary by a registered medical practitioner. 36.11. Returning to work after a period of parental leave 36.11.1.An employee will notify their intention to retum to work after a period of parental leave at least four weeks prior to the expiration of the leave. 36.ll.2.An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to Clause 36.10, the employee will be entitled to retum to the position they held immediately before such transfer. 36.11.3.Where such position no longer exists but there are other positions available for which the employee is qualified and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position. 36.12. Replacement employees 36.12.1.A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave. 36.12.2.Before Decipha Pty Limited engages a replacement employee, it must infOlID that person of the temporary nature of the employment and of the rights of the employee who is being replaced. 36.13. Right to request 36.13.1.An employee entitled to parental leave pursuant to the provisions of this clause
may request Decipha Pty Limited to allow the employee:
36.13.2.Decipha Pty Limited shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or Decipha Pty Limited's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. 36.13.3. The employee's request must be provided for in writing at least four weeks before the end of the available parental leave period and Decipha Pty Limited's decision made under Clause 36.13.1 must be recorded in writing. 36.13.4.Where an employee wishes to make a request under Clause 36. 13. 1 (ii), such a request must be made in writing as soon as possible but no less than seven weeks prior to the date upon which the employee is due to retum from parental leave and Decipha Pty Limited's decision must be recorded in writing. 36.14. Communication during parental leave 36.14.1.Where an employee is on parental leave and a defmite decision has been made to
introduce significant change at the workplace, Decipha Pty Limited shall take
reasonable steps to:
36.l4.2.The employee shall take reasonable steps to inform Decipha Pty Limited about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to retum to work and whether the employee intends to request to retum to work on a parttime basis. 36.14.3.The employee shall also notify Decipha Pty Limited of changes of address or other contact details which might affect Decipha Pty Limited's capacity to comply with Clause 36.14.1. 37. LEAVE TO ATTEND AS WITNESS IN INDUSTRIAL PROCEEDINGS
37.1.
Eligibility and entitlement
37.2.
Period of service
38. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS 38.1. Employees may request a change in working arrangements 38.1.1.
An employee who is a parent or has responsibility for the care of a child may
request the employer for a change in working arrangements to assist the
employee to care for the child if the child:
Note: Examples of changes in working anangements include changes in hours of work, changes in pattems of work and changes in location ofwork. 38.1.2.
The employee is not entitled to make the request unless:
38.2. Formal requirements 38.2.1.
The request must:
38.3. Agreeing to the request 38.3.1. The employer must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request. 38.3.2. The employer may refuse the request only on reasonable business grounds. 38.3.3. If the employer refuses the request, the written response under Clause 38.3.1. must include details of the reasons for the refusal. PART 7 -EMPLOYEE LEARNING & DEVELOPMENT
39.1.
Induction training
39.1.1. fully understand and contribute effectively to the work environment; 39.1.2. fully understand what is expected of them in telIDS of both quality and quantity of output; and 39.1.3. are provided with recognised skills and knowledge necessary to perfOlID their jobs efficiently, effectively and safely. 39.2. Industry skills development 39.2.1.
General
39.2.2.
Recognition of current competency
39.3. Access to training
The pmties agree to review the existing position profiles against the actual operational requirements of the business and make whatever amendments are mutually agreed. SCHEDULE A -JOB CLASSIFICATIONS AND WAGE RATES
Level I Designation Year Weekly Hourly Wage Rates($) 01/07/10 01/07/11 01/07/12 1 Team Member 1 653.29 17.16 674.85 17.76 697.12 18.35 2 670.11 17.63 692.23 18.22 715.07 18.82 3 687.32 18.09 710.00 18.68 733.43 19.30 4 704.43 18.54 727.67 19.15 751.69 19.78 2 Technical Operator I 728.91 19.18 752.97 19.81 777.81 20.47 2 749.24 19.72 773.96 20.37 799.50 21.04 3 769.62 20.25 795.02 20.92 821.25 21.61 4 789.98 20.79 816.05 21.47 842.97 22.18 3 Quality Leader 1 804.53 21.17 831.08 21.87 858.51 22.59 2 832.45 21.91 859.92 22.63 888.30 23.38 3 860.32 22.64 888.71 23.39 918.04 24.16 4 888.25 23.37 917.56 24.15 947.84 24.94 5 916.05 24.11 946.28 24.90 977.51 25.72 4 Supervisor 1 949.52 24.99 980.86 25.81 1,013.22 26.66 2 987.26 25.98 1,019.84 26.84 1,053.49 27.72 3 1,026.35 27.01 1,060.22 27.90 1,095.21 28.82 4 1,065.78 28.05 1,100.95 28.97 1,137.28 29.93 5 1,105.22 29.08 1,141.70 30.04 1,179.37 31.04 SCHEDULE B -FIRST AID ALLOWANCE (Clause 26.1)
Current 1/0712011 1/0712012 $8.77 $9.06 $9.36 SCHEDULE C -OVERTIME MEAL ALLOWANCE (Clause 26.3)
Current 1/07/2011 1/07/2012 $8.70 $8.99 $9.28 SCHEDULE D -FORKLIFT ALLOWANCE (Clause 26.5)
1/07/2011 1/07/2012 $4.05 $4.18NB -As this allowance is not part of the previous Enterprise Agreement, the 3.3% adjustment will only be applicable from 1 July 2012. SCHEDULE E -BENEFIT DISTRIBUTION During the life of this agreement wage rates shall be adjusted as follows: 1 July 2011 3.3% increase 1 July 2012 3.3% increase All wage increases as outlined in this agreement, will be applied from the commencement of the first pay period that falls on or after the effective date ofthe increase. SCHEDULE F -GUIDELINES ON ROLE, RIGHTS RESPONSIBILITIES AND SUPPORT FOR UNION DELEGATES Decipha recognises the role unions play in the workplace and the right of union delegates to represent union members in the workplace. These guidelines set out the role, rights and responsibilities expected of union delegates and the support provided for union delegates by Decipha Pty Limited. Role The role of union delegates is to represent the collective and individual interests of union members. Some examples of specific functions ofunion delegates include: RightslEntitlements Union delegates shall be entitled to the following: -agreement won't be withheld umeasonably, but it is expected that to the extent practicable, the role of the union delegate will be done in the delegate's own time; the period ofwork time proposed to undeitake delegate duties must be discussed and agreed with the delegate's workplace manager in each instance. Subject to operational requirements, a reasonable period of time will normally be allowed which may vary depending on the issue and the seriousness of it. As a guide, 15 minutes of paid time per shift may be used for delegate duties. However, the actual period may be shorter but where the issue is serious, longer periods may be appropriate. Responsibilities In tum a union delegate has an obligation to: Support Decipha shall provide the following SUppOlt for union delegates: -pmticipation in or attendance at Fair Work Australia proceedings other than as a witness would normally be approved on a leave without pay basis, subject to operational requirements; -Decipha Pty Limited may provide for paid time if, in the pmticular circumstances, there is prior request from the union for payment for a delegate attending Fair Work Australia proceedings and where Decipha Pty Limited considers that this will assist in resolution of a matter; where a union delegate is requested by the union to pmticipate in or attend a Fair Work Australia proceeding during normal rostered working hours, the union delegate must advise and seek approval in advance fi'om their workplace manager. a union delegate's usage of Decipha Pty Limited IT, communications and photocopying facilities must not be excessive and must comply with Decipha Pty Limited policies. Access to new employees/members by union representatives for the purpose of induction will be provided on a 15 minutes per month basis, subject to an agreed time by the relevant workplace manager that is convenient to operational requirements, Operation of guidelines The operation of these guidelines at individual Decipha Pty Limited sites will be subject to union delegates acting in accordance with these guidelines and relevant Decipha Pty Limited policies. The parties at the workplace level recognise that effective and reasonable working arrangements should apply to the stmcture and operation ofthe delegate's role in the workplace. If the patiies are unable to agree on appropriate operational anangements for workplace delegates, Decipha Pty Limited reserves the right to limit the application of the guidelines, or if this is not practicable, not apply provisions of the guidelines within a patiicular workplace. |
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