11.1 Each employee shall receive a Induction Pack and a copy of this Agreement. All employees on receipt of the Induction Pack and Agreement, will acknowledge in writing their obligations to understand their contents and requirements.
12.1 Weekly Employment
Any employee not specifically engaged as part-time or casual shall be employed as a full-time employee.
12.2 Part-time Employees
An employee or the employer may request part-time employment on less than full-time hours as agreed between the Company and employee/s. All entitlements for a part-time employee will be calculated on a pro-rata basis.
12.3 Casual Employment
12.3.1 Casual employees may be employed at any time for periods of engagement of not less than one day and for longer continuous periods up to but not exceeding (3) months.
12.3.2 A casual employee for working ordinary time, shall be paid per hour one thirty-eighth of the weekly wage applicable to the relevant classification rate contained in this Agreement, plus twenty percent (20%).
12.4 Project Employment
12.4.1 There may be circumstances that require the company to employ fixed term employees to fulfil customer requirements. Subject to the satisfactory performance of the employee, fixed term employment will be for the duration of the specific project or task which is agreed in writing between the employee and the company.
12.4.2 Fixed term employees may receive pro-rata entitlements based on the duration of their employment and consistent with the terms and conditions of this agreement, with the exception of redundancy benefits. All entitlements are calculated on base salary.
12.4.3 In the case of fixed term employees on probationary period one (1) hours notice of termination of employment (or payment or loss of payment in lieu of notice) shall be given to the employee or the company.
12.5 Probationary Period
Full-time or part-time employees will be initially engaged on a probationary basis for a period up to but not exceeding three (3) months.
12.6 Timekeeping
The Company may select and utilise for timekeeping purposes any fraction or decimal proportion of an hour (not exceeding 6 minutes) and will apply such proportion in the calculation of working time (including overtime) of an employee.
12.7 Payment of Wages
Wages are direct paid fortnightly into the employees' nominated bank account or financial institution.
12.8 Time and Wages Record
12.8.1 In accordance with statutory requirements, the Company shall keep or cause to be kept a time and wages book or other time and wages record for each employee.
12.8.2 Subject to statutory requirements being met, the Company, on request by an authorised representative of a Union, will make relevant records available for inspection.
Should the parent award vary in relation to the redundancy Test Case 2004 then the amended award provisions shall apply to this agreement.
13.1 Notice Period
13.1.1 For the Company to terminate the employment of an employee (other than a casual), the following notice will apply:
Period of continuous service Notice pay Less than 1 year Nil 1 year and less than 2 years 1 weeks' pay* 2 years and less than 3 years 2 weeks' pay 3 years and less than 4 years 3 weeks' pay 4 years and over 4 weeks' pay13.1.2 In addition to the notice in sub-clause 13.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years' continuous service, shall be entitled to an additional week's notice.
13.1.3 Payment in lieu of the notice prescribed in sub-clause 13.1.1 and 13.1.2 shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
13.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had employment not been terminated, shall be used.
13.1.5 For the purpose of this Clause, continuity of service shall be calculated in the manner prescribed in the Annual Leave Clause of this Agreement, viz. Calculation of Continuous Service.
13.2 Termination of Employment by Employee
Employment may be terminated by an employee by the giving of one (1) week's written notice.
If an employee fails to give notice or fails to work the complete notice period, the Company shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice not given or worked.
13.3 Statement of Employment
The Company will, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of employment and the classification of the type of work performed by the employee.
13.4 Instant Dismissal
Notwithstanding the provisions of sub-clauses 13.1 hereof, the Company will have the right to dismiss any employee, without notice, for conduct that justifies instant dismissal including malingering, inefficiency or neglect of duty, in such case the wages shall be paid up to the time of dismissal only.
13.5 Standing Down of Employees
Notwithstanding anything elsewhere contained in this Clause, the Company will have the right to deduct payment for any day an employee cannot be usefully employed because of a strike, or stoppage of work by any cause for which the Company cannot reasonably be held responsible.
14.1 The ordinary hours of work shall be 38 per week
14.2 The span of ordinary hours shall be 7am to 7pm Monday to Friday. These times may be altered to accommodate local conditions providing a 12 hour span is maintained, the change has the support of the Company and employees at the local level.
14.3 The Company will consult with affected employees to discuss facilitative agreements. A facilitative agreement provides greater flexibility in the Award provisions covering hours of duty. A facilitative agreement will operate in conjunction with the standard relevant Award provisions subject to the following conditions:
a) Either Individual or majority of employees and management at a particular work site or in an individual work group genuinely agree to vary normal working arrangements.
b) Where possible both management and union shall be given 7 days notice in writing of a proposed change, before implementation.
c) Neither party will unnecessarily oppose any agreement.
d) Any party involved can review arrangements established under these facilitative provisions and can, after genuine consultation has occurred subject to an appropriate period of notice, withdraw their agreement.
14.4 The standard daily hours are eight (8) per day, except where a facilitative agreement applies.
14.5 Rostered Days Off (RDO): Notwithstanding anything contained elsewhere in clauses 14 and 15 of this agreement, each employee will be entitled to accrue an RDO every four weeks when working eight (8) ordinary hours each day and accruing 0.4 hours per day towards the RDO. In order to better meet the requirements of emergency, critical project and maintenance work or other work of high priority, it is agreed that rostered days off may be deferred to be taken at a mutually agreeable time or by agreement, banked to a maximum of five (5) days, to be taken within six (6) months from the day of accrual.
15.1 Definitions (for the purposes of this clause)
Afternoon Shift means any shift finishing after 6.00 pm and at or before midnight.
Night Shift means any shift finishing subsequent to midnight and at or before 8.00 am.
Rostered Shift means a shift of which the employee concerned has had at least 48 hours notice.
Shift Worker means an employee who works regular ordinary hours outside the normal spread of hours
15.2 Hours - Shift Work
15.2.1 This sub-clause shall apply to all shift workers as herein before defined. The ordinary hours of shift workers shall average 38 per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days. Provided that, where the Company and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.
15.2.2 A shift shall consist of not more than eight (8) ordinary hours inclusive of crib time. Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any shift the arrangement of hours shall be subject to agreement between the Company and the majority of employees in the work team or teams concerned.
15.2.3 Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.
15.2.4 20 minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked. No shift worker shall work more than 5 hours without a break for a meal.
15.3 Variation by Agreement
Subject to sub-clause 14.2 hereof the method of working shifts/hours may in any case be varied by agreement between the Company and the majority of employees concerned. Provided that where no agreement is reached then 7 days notice of alteration may be given by the Company.
15.4 Afternoon or Night Shift Allowances
15.4.1 A shift worker whilst on afternoon or night shift shall be paid for such shift 15 per cent more than his/her ordinary rate.
15.4.2 A shift worker who works on an afternoon or night shift which does not continue:
a) For at least 5 successive afternoons or nights; or
b) For at least the number of ordinary hours prescribed by one of the alternative arrangements in sub-clauses 15.2 hereof:
Shall be paid for each such shift 50 per cent for the first two hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate:
15.4.3 An employee who:
a) During a period of engagement on shift, works night shift only; or
b) Remains on night shift for a longer period than four consecutive weeks; or
c) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one third of his/her working time off night shift in each shift cycle.
Shall during such engagement period or cycle be paid 30 per cent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.
15.5 Saturday/Sunday/Public Holiday Shifts
15.5.1 Saturday Shift
The minimum loading to be paid to a shift worker for ordinary work performed between 12.00 pm on Friday and 12.00 pm on Saturday shall be 50 percent. Such extra rate shall be in substitution for and not cumulative upon the shift allowances prescribed in sub-clause 15.4 hereof.
15.5.2 Sunday Shift
The minimum loading to be paid to a shift worker for ordinary work performed between 12.00 pm on Saturday and 12.00 pm on Sunday shall be 100 percent. Such extra rate shall be in substitution for and not cumulative upon the shift allowances prescribed at sub-clause 15.4 hereof.
15.5.3 Public Holiday Shift
The minimum loading to be paid to a shift worker for ordinary work performed on a Public Holiday shall be one hundred and fifty percent. Such extra rate shall be in substitution for and not cumulative upon the shift allowances prescribed in sub-clause 15.4 hereof.
15.6 Rosters
Shift rosters shall specify the commencing and finishing times and the days of ordinary working hours of the respective shifts.
15.7 Overtime
15.7.1 Subject to the provision of 15.7.2 hereof, shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this Agreement or on a shift other than a rostered shift shall be paid at the rate of double time or double time and one half for Public Holidays, for overtime hours or part thereof actually worked,
15.7.2 Except in each case when the time is worked:
a) By arrangement between the employees themselves;
b) For the purpose of effecting the customary rotation of shifts; or
c) On a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the Company to deduct payment for a day in accordance with sub-clause 13.5 of clause 13 of this Agreement.
16.1 Day Workers
16.1.1 Day workers shall be entitled to an unpaid meal break of 30 minutes duration. Such meal break shall be taken between the fourth and sixth hours from the daily commencement time of the employee/s concerned ordinary hours.
16.1.2 To allow for continuity of work, meal breaks may be staggered.
Employees shall be entitled to a paid rest period of 10 minutes duration in the first half of their daily work.
18.1 Payment for Working Overtime
18.1.1 For all work done outside ordinary hours (Monday to Friday) the rates of pay shall be time and a half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.
18.1.2 Except as provided in this sub-clause or sub-clause 18.3 hereof in: computing overtime each day's work shall stand alone.
18.1.3 For the purposes of this clause ordinary hours shall mean the hours worked in accordance with clause 14 or 15 of this Agreement.
18.1.4 The hourly rate, when computing overtime, shall be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.
18.2 Requirement to Work Reasonable Overtime
18.2.1 The Company may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
18.2.2 Employees will be expected to work overtime on Saturdays, if required in order to complete priority works to satisfy the client needs. Employees will not be expected to work excessive overtime and family obligations will be taken into consideration.
18.2.3 The assignment of overtime by the Company to an employee shall be based on specific work requirements and the practice of "one in, all in" overtime shall not apply.
18.3 Rest Period After Overtime
18.3.1 When overtime work is necessary it shall be so arranged that employees have at least 10 consecutive hours off duty which is inclusive of reasonable travel time between the work of successive days.
18.3.2 An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least 10 consecutive hours off duty between those times, shall, subject to this sub-clause, be released after completion of such overtime until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
18.3.3 If on the instructions of the Company such an employee resumes or continues work without having had such 10 consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
18.3.4 The provisions of this sub-clause shall apply in the case of shift workers as if 8 hours were substituted for 10 hours when overtime is worked:
a) For the purpose of changing shift rosters; or
b) Where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
c) Where a shift is worked by arrangement between the employees themselves
18.4 Call Back
An employee recalled to work overtime after leaving the work site shall be paid for a minimum of 4 hours work at the appropriate rate. This provision shall not apply when the overtime is continuous with the completion or commencement of ordinary working time.
18.5 Standby
Employees rostered to be available for out of hours call outs will receive a payment of two (2) hours double time per week while rostered on for availability, whether or not call outs are performed. All work within two (2) hours of normal start time will be paid at double time from the time of call until normal start time.
An employee recalled to work overtime, whether notified before or after leaving the employees worksite will attract a minimum payment of two (2) hours at double time. Any subsequent calls must fall outside the qualifying two hour period before attracting a further minimum payment.
18.6 Saturday, Sunday, Public Holiday Work
A day worker required to work overtime on a Saturday, Sunday, Public Holiday shall be afforded at least 4 hours work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on the day previous.
18.6.1 Saturday Overtime
Other than for shift workers, overtime hours worked on Saturday shall be paid for at the rate of time and one half ordinary time rates for the first two hours and double time thereafter.
18.6.2 Sunday Overtime
Overtime hours worked on a Sunday shall be paid for at the rate of double ordinary time rates.
18.6.3 Public Holiday Overtime
Overtime hours worked on a Public Holiday shall be paid for at the rate of double and one half ordinary time rates.
18.7 Crib Time
18.7.1 An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.
18.7.2 Provided that where a day worker is required to work overtime on a Saturday the first prescribed crib time shall if occurring between 10.00 am and 1.00 pm be paid at ordinary rates.
18.7.3 Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. The Company and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the Company shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
18.8 Meal Allowance
An employee required to work overtime for more than two hours without being notified on the previous day or earlier will be paid $15.45 for the purchase of a meal.
If an employee has been notified the previous day that overtime would be worked and such overtime is cancelled, the meal allowance shall be paid as compensation for providing a meal.
18.8 TIME OFF IN LIEU
Subject to operational needs and with prior agreement between employees and the company, employees may choose to accept time off in lieu of payment of overtime. This choice must be exercised within a 4 week period from the date the overtime is worked.
19.1 Each full-time employee shall be entitled, without loss of ordinary pay, to eligible public holidays as follows:-
New Year's Day
Australia Day
Labour Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen's Birthday
Christmas Day
Boxing Day
By mutual agreement between an employer and employee other days maybe substituted for the said days or other such day as is generally observed in the locality to which this Agreement applies as a substitute for any of the above days.
For the purpose of this Agreement:
a) When Christmas Day is a Saturday or on a Sunday, a holiday in lieu thereof shall be observed on 27 December.
b) When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December.
c) When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.
19.2 State or Territory Gazetted Holiday
Eligible employees will be entitled to relevant State or Territory based holidays as gazetted by the State or Territory Government. The relevant holiday, where applicable, will provide the employee with no loss of ordinary time earnings.
19.3 Picnic Day
Eligible employees will be entitled to a Picnic Day. The Picnic Day, where applicable, will provide the employee with no loss of ordinary time earnings. The Picnic Day will be the next observed working day following Boxing Day each year.
19.4 Holidays - Absence on Working Day Before or After
Where an employee is absent from employment on the working day before or the working day after a holiday as prescribed above without a doctor's certificate or reasonable excuse or without the consent of the Company, the employee shall not be entitled to payment for such holiday.
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