20.1 Period of Leave
Subject to the provisions of this Clause, each full-time employee covered by this Agreement shall after each 12 months of their continuous employment, accrue four (4) weeks (152 hours) annual leave entitlements. All requests for leave must be made in writing with written confirmation being given by the Company of approval or otherwise.
20.2 Annual Leave is exclusive of Public Holidays
Annual leave shall be exclusive of any statutory holiday which may occur during the period of annual leave.
20.3 Payment on Termination
If the employment of an employee is terminated by the company or by the employee for any reason, the Company will pay to the employee any accrued annual leave entitlements.
Annual leave entitlements shall accrue at the rate of 2.923 hours for each completed week of continuous service.
Annual leave payments on termination will be as prescribed at 20.6(b) hereof.
20.4 Period of Notice prior to taking Annual Leave
One month's notice (or such other period as may be agreed) prior to commencement of annual leave shall be given by the employee to the company.
20.5 No Payment in lieu of Annual Leave
It shall not be lawful for the Company to give or for any employee to receive payment in lieu of actually taking annual leave while still employed by the Company.
20.6 Calculation of Annual Leave Pay
(when leave is actually being taken)
20.6.1 Calculation of Annual Leave Pay - in respect to Annual Leave entitlements to which this sub-clause applies, annual leave pay (including any proportionate payments) shall be calculated as follows:
a) Shift Workers - Subject to provision (b) hereof the rate of wage to be paid to a shift worker shall be at the rate payable for work in ordinary time according to the employee's roster or projected roster, including Saturday, Sunday or holiday shifts.
b) All Employees - In no case shall the payment by the Company to an employee be less than the sum of the following amounts:
The employee's ordinary "all-purpose" wage rate as prescribed by this Agreement (Appendix `A') for the period of Annual Leave or accrued annual leave entitlements (excluding shift premiums and weekend penalty rates);
20.7 Annual Leave Loading
An employee who proceeds on Annual Leave shall receive a loading of 17.5% calculated on the total amount of Annual Leave Pay received. Provided that a shift worker (Clause 15) actually taking leave shall receive the said loading or paid as per his/her projected shift roster, whichever is the greater. This loading shall also apply to any proportionate leave. Provided also, that any leave paid out under sub-clause 21.3 hereof, then such 17.5% loading will apply.
20.8 Split Leave
By mutual agreement between the Company and employee/s concerned Annual Leave entitlements may be split into several leave periods.
20.9 Calculation of Continuous Service
20.9.1 For the purpose of this Clause, service shall be deemed to be continuous notwithstanding:
any interruption or termination of the employment by the Company if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;
any absence from work on account of personal sickness or accident, or on account of paid leave lawfully granted by the Company, or
any absence with reasonable cause, proof of which shall be upon the employee.
20.9.2 In cases of personal sickness or accident, or absence with reasonable cause, the employee to become entitled to the benefit of this sub-clause shall inform the Company within 4 hours of the commencement of such absence of their inability to attend for duty and as far as practicable state the nature of the illness, injury, cause and the estimated duration of such absence.
20.9.3 In calculating the period of 12 months continuous service, the following absences shall be taken into account and counted as time worked:
Up to 152 ordinary hours in 12 monthly period in the case of unpaid sickness or accident;
Long service leave actually taken by an employee;
All paid leave lawfully granted by the Company;
20.9.4 Other unpaid absences from work shall not be taken into account and shall not count as time worked in calculating the 12 months continuous service.
20.9.5 Provided that, for the purpose of this Clause in calculating continuous service for periods of less than 12 months, such unpaid absences due to sickness or accident shall be taken into account and counted as time worked on pro rata bases of 152 ordinary working hours for 12 months service.
20.10 Annual Closedown
20.10.1 The Company may close its work sites or reduce the number of employees required for work so that all, or the maximum number of employees (at the Company's discretion) take leave at the same time.
20.10.2 The Company shall give one month's notice of its intention to employees who would be affected by such action.
20.10.3 When the workplace is closed, employees must take the leave to which they are entitled pro rata at the period of closure. In the case of the employee leave balance being less than the period of annual closure, the remainder of the closedown period shall be taken as unpaid leave.
Should the employee later accrue the entitlement to further paid leave following the resumption of work, the employee may elect to have the period of unpaid leave, paid from the subsequently accrued leave.
20.10.4 If an employee is employed for less than one year, any leave taken will be proportionate to length of service and if such leave is not equal to the leave given to other employees, then the employee shall not be entitled to work or pay whilst other employees are on the annual leave closedown.
21.1 An employee, other than a casual employee, will accrue sick leave as per the following:
21.1.1 During the first year of employment at the rate of one day at the beginning of each of the first ten (10) calendar months of their first year of employment;
21.1.2 At the commencement of second and subsequent years of employment, ten (10) days per year. The balance of untaken sick leave will accumulate from year to year.
21.2 Eligibility for payment of sick leave from the accrued entitlements will be as follows:
21.2.1 The Company must be informed within four (4) hours of the commencement of sick leave of the employees inability to attend work, the reasons and likely duration of the absence.
21.2.2 The employee for multiple days taken or claimed at any time or, in any twelve (12) monthly period where two (2) single days have already been claimed, a doctors certificate will need to be provided (to the Company's satisfaction) or in remote country areas a statutory declaration to meet the company's satisfaction attesting to the fact that the employee was unable to attend work on the day/s claimed on account of his/her personal illness or injury.
21.3 Sick leave will not be paid:
21.3.1 for any illness or injury covered by Workers Compensation; or
21.3.2 on termination, retrenchment or any other like reason.
21.4 If any employee is terminated by the Company and is re-engaged within a period of 3 months, then the employee's unclaimed balance of sick leave will continue from the date of re-engagement up to a maximum of 10 days.
The following provisions of leave shall apply. If any category of leave is not specifically included in this agreement, then it shall be available in accordance with The "National or State Electrical Contracting Award".
22.1 Long Service Leave
Employees covered by this Agreement shall be entitled to long service leave in accordance with the provisions of the relevant State or Territories Long Service Leave Act, provided that where employees meet the eligibility criteria for portable long service leave provisions under the relevant State or Territories Legislation then such provisions will prevail for long service leave purposes.
22.2 Personal Leave
Personal leave shall be provided at the rate of ten (10) days per year and shall accumulate from year to year from the end of the year in which it accrued. Personal leave in this agreement includes sick leave, carer's leave and bereavement leave.
22.3 Bereavement Leave
Subject to the provisions of personal leave, an employee will be entitled to use up to two (2) days of the above personal paid leave per annum on the death of a partner (including same sex partner), dependant, immediate family member, grand parents and in-laws.
22.4 Compassionate Leave
Such leave is to be at the discretion of the employer upon appropriate evidence being supplied.
22.5 Carers Leave
Subject to the provisions of personal leave, employees shall be entitled to use up to ten (10) days of the above personal leave per annum for personal carers' leave.
22.6 Leave Without Pay
Leave without pay is to be at the discretion of the employer.
22.7 Jury Service
Leave of absence is granted if an employee is summoned for jury duty, for the period required to fulfil this obligation. Whilst on jury duty an employee will be paid his/her normal salary less any fees paid to the employee by the court.
23. PROTECTIVE CLOTHING AND EQUIPMENT
23.1 Following commencement of employment with the Company, each employee will be issued with the appropriate safety equipment deemed necessary for the safe conduct of work. Such equipment will include safety clothing and footwear.
23.2 The abovementioned clothing and footwear will be maintained by the employee and replaced by the Company on a fair wear and tear basis.
24. COUNSELLING AND DISCIPLINARY ACTION
24.1 Each employee bears the ultimate responsibility for his/her actions and ability or willingness to comply with Company standards.
24.2 Problems are generally divided into three categories:
Work performance
Attendance
Conduct.
24.3 Where it is recognised that an employee is having an employment problem in any of the above categories or other relevant matters then the following will apply:
A disciplinary interview will be conducted with the employee by the relevant supervisor.
24.4 Where an employee continues to transgress then the following will apply:
A second disciplinary interview will be conducted with the employee by a manager of the Company.
24.5 Where necessary, to assist an employee in resolving his/her problem, the Company will provide support systems and assistance to any employee as may be appropriate, in the reasonable opinion of the Company.
24.6 Where after the above mentioned reminder and assistance has been followed and the employee continues to transgress, then the onus is on the employee to show cause why his/her employment should not be terminated.
24.6.1 In any situation where the supervisor confers with an employee on a disciplinary matter, the employee is to be advised by the management that the employee is entitled to request that a witness be present. Such reasonable request will be agreed to by the supervisor.
Nothing in this clause shall deny the Company its rights to dismiss an employee without notice for any conduct, action or otherwise that justifies instant dismissal and in such cases wages shall be paid up to the time of dismissal only.
25.1 To assist in creating a stable and co-operative working relationship consultative committees may be established on a State or Territory bases. It is not the objective of parties to the Agreement that the committees would over ride the functions and/or responsibilities of the Company or Unions.
25.2 Functions of the Committee
25.2.1 The following are some of the committees likely functions:
To increase understanding of the objectives and plans of the Company.
To identify problems and work co-operatively to develop solutions.
To promote industrial/employee relations through consultation.
To consult and consider efficient means to improve communications, safety, quality assurance and the environmental effects of the site.
To participate in the ongoing implementation of consultative mechanisms and procedures to increase efficiency, productivity and competitiveness.
27.1 Where at the discretion of the employees, an employees representative is elected, the Company will recognise the person/s as being person/s who have rights and obligations in accordance with the Workplace Relations Act 1996.
27.2 Employee Representative on request, will be allowed reasonable time during working hours that is considered necessary to carry out functions associated with his/her role as Employee Representative. At no stage should a Employee Representative allow his/her responsibilities and duties as an employee to suffer due to his/her role as a Employee Representative.
27.3 Employee Representative will be given free access to a telephone and/or facsimile on the occasions it is reasonably requested.
27.4 On written request from an employee seeking the release to attend a training course, such request (subject only to the needs of the business prevailing at the time) will be considered. Any leave agreed will be paid leave provided not more than five (5) days paid leave will be granted to any individual in any 12 monthly period.
A notice board of reasonable dimensions will be situated in a prominent position at each depot. The main use for the notice board is for parties of this Agreement to display work related notices. All notices must be signed by the originator.
In accordance with the requirements of the Superannuation Guarantee Act, its amendments and regulations, the Superannuation Guarantee Charge (SGC) Legislation and subject to the terms and conditions of the relevant Superannuation Fund trust deed, the Company will contribute to a preferred fund on behalf of each employee an amount equivalent to the following SGC percentage, or a minimum payment of $60.00 per week, whichever is the greatest.
Financial Year Percentage 2003/2004 9% NESS in NSW/ACT
29.1 The Company will contribute on behalf of each weekly hired employee an amount of $60.00 per week into a relevant State or Territory Redundancy/Severance Fund. This payment is made in lieu of all redundancy/severance payments or similar or like payments. The payment will be adjusted by 4% at the same time as described in clause 10 (Wages) and in accordance with the Redundancy/Severance Fund requirements.
29.2 The relevant funds are:
MERT (NSW)
29.3 The Parties agree that a fair and equitably process is required to manage redundancies resulting from a downturn in work. Prior to any redundancies the company agrees to consult with their employees and their employee representatives to ensure all the employment options are canvassed before proceeding. If there is a need for retrenchments both Parties will work quickly to set up a process. In the event the Parties cannot agree to a redundancy selection criteria they will seek the assistance of the AIRC to resolve the issue through conciliation.
In areas of Workers Compensation and rehabilitation, the standards applying in the relevant State or Territories: Workers Compensation Act, its amendments and regulations will apply. Provided in the case where the company, or the company's insurers have accepted liability for a works related injury/accident the eligible employee while receiving workers compensation payments will be entitled to have (for the period coinciding with the commencement date of the injury/accident and ceasing 26 weeks after the commencement date of the injury/accident) his/her ordinary time earnings maintained by a combination of eligible workers compensation payments.
Where an employee has had a workers compensation claim accepted by the insurer as a legitimate claim and is experiencing financial hardship the Company may at its discretion assist the employee for the period after the twenty six weeks has elapsed.
31.1 It is a condition of employment that all employees when instructed by management, will start and cease their daily working hours/duties at the job site.
31.2 Employees with company vehicles will be expected to transport other employees to work locations. Travel between work sites within any day will be considered on duty.
31.3 At commencement of employment each employee will nominate his/her usual "bona-fide place of residence.
Employees will be required to travel to and from the job site each day in their own time as per the following:
32 Sydney > 60 minutes (120 minutes combined)
33 Elsewhere > 40 minutes (80 minutes combined)
Thereafter, subject to the provisions of this clause, employees will be paid for additional time reasonably taken to travel. Such additional time will be paid at ordinary time rates of pay.
In any event where a dispute arises to the measurement of daily travel, advice will be sought from the NRMA or similar organisation.
Note: The Company, wherever reasonably practicable, will allocate work as close as possible to the employees usual place of residence
32.1 When the company requires an employee covered by this Agreement to perform work at a location necessitating overnight accommodation, the company will be responsible for all reasonable costs of accommodation and meals for each day the employee is required to utilise overnight accommodation.
32.2 The company will make all necessary arrangements for overnight accommodation and arrange for the costs of accommodation and meals to be invoiced direct to the company for payment. Where available, a minimum standard of 3 star accommodation will be provided.
32.3 In consultation and agreement with the employee and the Company, where in lieu of the Company providing accommodation, meals and incidentals, the Company will pay to an employee a combined daily amount to cover for accommodation, meals and incidentals an amount of $130 per day in areas outside of capital cities and $175 per day in capital cities.
32.4 In cases where the company provides accommodation only, the company will pay to the employee a daily amount no less than $50.00 to cover for meals and incidentals.
Where an employee is required to use his/her own vehicle on company business the company will pay to the employee a per kilometre rate of $0.58 cents. This amount will be subject to award movements from time to time.
The company acknowledges the changing pace of technology in the communication industry and the need for Downer Connect and employees to understand those changes and have the necessary skill requirements to keep the Company at the forefront of the industry.
Downer Connect and Employees recognise that in order to increase the safety, efficiency, productivity and competitiveness of the Company a commitment to training and skill development is required. Accordingly, the Parties commit themselves to:
a) Developing a more highly skilled and flexible workforce
b) Providing Employees with career opportunities through appropriate training to acquire the additional skills as required
A training program will be developed consistent with:
a) The current and future skill needs of the Company in accordance with its operations.
b) The need to develop vocational skills relevant to the Company, the Employee and the Telecommunications Industry.
c) Developing of OH&S Personnel and employee training courses
When an Employee undertakes training, that training may be undertaken either on or off the job. Provided that training is undertaken during ordinary working hours the Employee concerned with not suffer any loss of pay.
Any costs associated with standard fees for prescribed courses and prescribed textbooks incurred in connection with the undertaking of training (as required by the employer) will be reimbursed by the Employer upon production of evidence of such as expenditure. Provided that reimbursement will also be on an annual basis subject to the presentation of reports of satisfactory progress.
Travel costs incurred by an Employee undertaking training in accordance with this clause, which exceeds those normally incurred in travelling to and from the normal place of work, will be reimbursed by Downer Connect.
All appropriate costs associated with required training including meals, accommodation, and course fees will be paid for by Downer Connect.
a) In the event that the Company provides training for Employees, such Training shall wherever possible and subject to operational requirements, be provided during the Employee's normal working hours.
b) In the event that training occurs outside of normal hours this will be discussed with the Employee and paid at single time or be taken as time in lieu as agreed between the Employee/s and management.
Career paths will become available to the employee depending upon expansion of the business and vacancies within the company.
Any advancement to a higher position will be on a needs basis and all vacant positions will be advertised to all employees.
Selection will be by the relevant interview process.
35. NOT TO BE USED AS A PRECEDENT
The parties agree that the contents of this Agreement are business specific and undertake not to use its terms and conditions as a means for negotiations concerning other Industrial Agreements, Awards or similar or like instruments.
An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. John's Ambulance or similar body shall be paid a weekly allowance of $9.50 if appointed by their employer to perform first aid duty.
An employee engaged for more than 1 day or shift on duties carrying a higher rate than his or her ordinary classification shall be paid the higher rate for these days or shifts.
Rates of Pay - Definition
38.1 The rates of pay expressed in this Appendix provide for all conditions of employment. They are the minimum rates of pay to be paid.
38.2 The weekly/hourly rates as specified at A1 and A3 reflect, where applicable, the ordinary time 38hr Weekly Wage Rate. These wage rates comprehend all/any allowances including, without limiting, Agreement/Award entitlements, industry or company Agreements, over Award payments, the generality of site disability payments including Award special rates, i.e. confined space, wet underfoot, height, dust, dirt, special skill payments, wind, training, laundry and other similar or like payments which may be provided for in any other relevant Awards or Agreements (be they Federal or State) and not expressly provided for elsewhere in this Agreement, and/or relative to the scope of work to be undertaken, are deemed to be incorporated in this Agreement.
A) COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA (CEPU)
Communication Division:
(Signature) (Date)
Electrical Division:
(Signature) (Date)
B) Downer Connect Pty Ltd
(Signature) (Date)
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