GRIDCOMM PTY LTD CERTIFIED AGREEMENT 2004-2007
As a prerequisite for successful Telecommunication Installation and Maintenance work it is important that the following objectives are achieved and that all parties associated with this Agreement commit themselves to:
Excel in Company/employee relations, safety and welfare, quality, productivity, flexibility, communication and timeliness.
The above will be achieved by:
* Providing a healthy, safe, harmonious working environment.
* Enhancing productivity and efficiencies within the workplace.
* Continuing to create a flexible work environment, which will enable all personnel to work to the limits of their skills and capabilities.
* Ongoing communication and consultation with all personnel being encouraged to participate in matters that have a constructive impact on their overall working environment.
* Constantly seeking improvement in: services to our customers, safety and welfare, quality and efficiency.
* Providing stable and secure employment for personnel.
* Developing a culture that focuses on commitment and trust.
This Agreement shall be known as the GREDCOMM PTY LTD CERTIFIED AGREEMENT-2004 - 2007.
2. APPLICATION AND INCIDENCE OF AGREEMENT
This Agreement shall apply to employees of GridComm Pty Ltd, engaged on Telecommunications turnkey operations on installation and maintenance work or other similar or like work in any State or Territory of Australia where GridComm Pty Ltd has a contract to carry out such work. This Agreement will have no application on building construction projects.
3.1 The parties to this Agreement are:
* All employees who are members of or who are eligible to be members of the Organisation of Employees listed in this clause, or who are from time to time engaged in any occupation/classification/level listed in Appendix "A" of this Agreement and/or the Parent Award;
The Organisation representing employees herein viz.:
* The Communications/ Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)
* GridComm Pty Ltd
This Agreement shall be read and interpreted wholly in conjunction with the:
* National Electrical, Electronic and Communications Contracting Industry Award, 1998; or the:
* Electrical Contracting Industry Award, applying to the relevant State or Territory.
Provided that where there is any inconsistency, this Agreement shall prevail to the extent of the inconsistency.
This Agreement shall take effect from 1 October 2004 and shall remain in force for a period of three (3) years. The Parties agree that commencing three (3) months prior to the expiry date of 1 October 2007 that they will confer, with the clear intent of establishing grounds for the renewal of this Agreement in its present and/or modified form.
This Agreement is in fall settlement of all issues that might arise between the parties during the Agreement's operation; and it regulates in whole the conditions of employment for the employees whose employment is subject to this Agreement and the nominated parent awards.
It is a term of this Agreement that no further claims of wages, salaries or other terms and conditions of employment will be pursued by the Employees whose employment is subject to this Agreement.
This Agreement shall not be used as a precedent by any of the Parties in respect of any other Project.
It is a specific condition of employment pursuant to this Agreement that during the period that this Agreement is in force, all parties undertake to ensure that all industrial grievances and disputes shall be dealt with strictly in accordance with Clause 10 Disputes Avoidance Procedure of this Agreement.
8. DEFINITIONS (for the purposes of this Agreement)
The Company means GridComm Pty Ltd.
The Employer means GridComm Pty Ltd
Employee means, unless otherwise stated, GridComm Pty Ltd employee.
Subcontractor means a 'bona fide' organisation engaged to directly carry out work on site by means of a contractual agreement with GridComm Pty Ltd.
Site means any premises, location or establishment of GridComm Pty Ltd (excluding building construction projects) and any other place in Australia where GridComm Pty Ltd is contracted to carry out Telecommunications installation and or maintenance work, or other similar or like work.
Telecommunications Turnkey Operations means any work including design, systems integration, civil works, conceive, commission, operate, manufacture, and maintain telecommunications infrastructure for which GridComm Pty Ltd has a contract to carry out any telecommunications work or similar or like work.
Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).
Ordinary Hours means 38 hours per week, or as varied pursuant to Clause 14 or 15 of this Agreement. Ordinary pay, ordinary rates, ordinary time have corresponding meanings.
Casual Employee means one hired and paid as such as per Clause 12 of this Agreement.
This Agreement means GridComm Pty Ltd Certified Agreement 2004-2007
9.1 The parties agree that Best Practice is simply the best way of doing things - it is a process of constantly changing and adapting to new procedures and work methods. Best Practices are not fixed. It is the method of operation to achieve exemplary levels of performance. Best Practices are not restricted to an examination of cost, but also include quality and timely completion of work in a safe and efficient manner.
9.1.1 The Best Practices Programme includes:
* Understanding and measuring client and customer needs.
* Developing a multi skilled workforce.
* A flexible workforce, committed to change (including working hours and the elimination of demarcations).
* Increased employee involvement.
* The provision of a healthy and safe working environment and work practices.
* The achievement of excellence through continuous improvement.
9.2 Efficiency and Quality
9.2.1 The parties are committed to continuously improving efficiency and quality of work and as a consequence the following arrangements will be adopted:
a) Developing Efficient and Safe Working Practices and Active Safety Programmes - consistent with our goal of zero injuries.
b) Skills Enhancement - to develop/extend an employee's skills consistent with the productivity and flexibility requirements of the work to be completed and to extend the employees' competence so he/she can ideally perform the whole task.
c) Promotion of Industrial Harmony - by combining effective grievance resolution, consultation with and involvement of employees about their work and good management practices to prevent all disputation.
d) Flexible Assignment - where the Company may utilise an employee on any task that is within the employee's competence and classification, consistent with relevant statutory requirements and our duty to provide a safe and healthy work environment.
10. DISPUTE AVOIDANCE PROCEDURE
10.1 In the event of any issue or grievance arising, any such issue or grievance or any other like matter shall be dealt with in accordance with the following steps:
ISSUE
STEP 1
EMPLOYEE/S CONCERNED DISCUSS ISSUE/S WITH SUPERVISOR
PRIORITY WILL BE GIVEN TO HAVING MOST ISSUES RESOLVED WITHIN A 48 HOUR TIME FRAME
NO RESOLUTION
STEP 2
EMPLOYEE/S CONCERNED (AND/OR UNION REPRESENTATIVE) SHALL DISCUSS ISSUE/S WITH MANAGER
NO RESOLUTION
STEP 3
EMPLOYEE/S CONCERNED (AND/OR UNION REPRESENTATIVE) MAY AT THE EMPLOYEES OPTION CONTACT UNION OFFICIAL
TELEPHONE OR FAX FACILITIES WILL BE PROVIDED
NO RESOLUTION
STEP 4
UNION OFFICIAL (AND/OR EMPLOYEE/S REPRESENTATIVE) SHALL DISCUSS ISSUES WITH COMPANY REPRESENTATIVES
NO RESOLUTION
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
10.2 If settlement cannot be reached through the above steps any party to this Agreement shall take the appropriate steps to have the issue/s referred to the Australian Industrial Relations Commission for conciliation and if necessary, arbitration.
10.3 While the above procedure is being carried out the 'status quo1 will remain and work will continue in a safe normal manner and all parties to this Agreement will see that no strike, ban or limitation is in place.
10.4 No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed.
10.5 This procedure shall not prevent the Company or the Union from making direct representations to one another on any matter giving rise to or likely to give rise to a dispute or grievance.
10.6 Relevant to this Clause safety issues will be the province of the relevant Safety Committee and isolated from industrial matters.
11.1 All persons before commencing work will attend and successfully complete a Site Induction Programme. The programme will explain radiation hazards, safety rules and regulations, site requirements and the application and responsibilities arising out of this Agreement.
11.2 Each employee shall receive a Site Safety/House Rules Booklet and a copy of this Agreement. All employees on receipt of the booklet 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 three (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 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.
12.5 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.
12.6 Payment of Wages
12.6.1 Wages due will be paid by electronic funds transfer into the nominated bank or other financial institution account of the employee. Wages will be paid weekly and be available no later than close of business on the Thursday following the end of the relevant pay period.
12.6.2 An employee whose service is terminated shall within a reasonable time period be paid the full amount of wages and accrued payments due. Provided that no employee will be required to wait for a period longer than three (3) ordinary working days after the date of termination.
12.7 Time and Wages Record
12.7.1 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.
12.7.2 Subject to statutory requirements being met, the Company, on request by an authorised representative of a Union, will make relevant records available for inspection.
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:
Employee's Period of Continuous Service Period of Notice Not more than 1 year at least 1 week More than 1 year but not more than 3 years at least 2 weeks More than 3 years but not more than 5 years at least 3 weeks More than 5 years at least 4 weeks13.1.2 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.
13.1.6 Should the parent award vary in relation to the redundancy test case 2004 then the amended award provisions shall apply to this agreement.
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 and provided that the CEPU has been advised prior to the implementation of the variation.
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) The majority of employees and management at a particular work site or in an individual work group genuinely agree to vary normal working arrangements.
b) Both management and union at state level shall be given a minimum of 7 days notice in writing of a proposed change, before implementation.
c) Neither management or the union will unnecessarily oppose any agreement.
d) Any party involved can review arrangements established under these facilitative provisions and can, 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 15.2 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 (in the ACT the Award provisions will apply).
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 11.00 pm on Friday and 11.00 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 11.00 pm on Saturday and 11.00 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.
16.2 Shift Workers
See Clause 15.2.4 of this Agreement.
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 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/Tier 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 $16.10 for the purchase of a meal.
This amount will be increased in line with the wage rate movements as per the table below:
October 2005 October 2006 $16.75 $17.40If 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.
19.1 Each full-time employee shall be entitled, without loss of ordinary pay, to eligible public holidays as follows:-
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 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.
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 Company to the employee.
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 (17.5%)
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 20.3 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:
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:
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.
20.11 Reference to Annual Holiday Act
In any area of interpretation or dispute the relevant State or Territories: Annual Holidays Act, shall be referred to.
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 three (3) 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, injury or carers leave.
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 six (6) months, then the employee's unclaimed balance of sick leave will continue from the date of re-engagement.
21.5 Subject to the provision of sub clause 21.2.2 employees shall be entitled to take ten (10) days of the above sick leave per annum for carers leave.
22.1 An employee on full-time employment shall be entitled to a maximum of two (2) days leave without loss of pay on each occasion and on production of satisfactory proof of death in Australia of the employees' partner, father, mother, brother, sister, child, stepchild, parents-in-law, grandparent, grandchild or same sex partner.
22.2 An employee shall be entitled to a maximum of three (3) days leave without loss of pay on each occasion and on the production of satisfactory proof of the death outside of Australia of the employees' partner, father, mother, child or same sex partner where the employee is required to travel outside of Australia to attend the funeral.
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.
Division 5 - Parental Leave of the Workplace Relations Act, 1996 shall apply.
25.1 An employee required to attend for jury service during ordinary working hours will be reimbursed by the Company an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage they would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.
25.2 The employee must notify the Company as soon as practicable of the date upon which he/she is required to attend for jury service and must provide the Company with proof of the attendance, the duration of such attendance and the amount received in respect of the attendance.
26. EFFECTIVE USE OF RESOURCES
The parties acknowledge that the use of staff employees can impact on the employer/employee relationship and therefore agree to abide by the following in certain situations it may be necessary for staff employees not covered by this Agreement to temporarily perform work in occupations covered by this Agreement.
These situations are defined as:
a) In the performance of job training.
b) For the induction of new employees into the workforce.
c) Areas, which have a critical nature to safety of people, environment or equipment.
d) Where there is a request for assistance from an employee covered by this Agreement.
e) Commissioning of equipment in conjunction with relevant employees.
27. OCCUPATIONAL HEALTH AND SAFETY
27.1 The relevant State or Territories Occupational Health and Safety Act, its amendments and regulations will apply.
27.2 It is recognised that the Company is responsible for the safety of the workforce, irrespective of whether work is carried out by Company employees or by subcontractors, but this in no way removes any obligation from Company employees, individual subcontractors, or their employees, for proper safety practices to prevail at all times. Safety is everyone's business.
27.3 In order to clarify obligations under the relevant State or Territories Occupational Health and Safety Act's it is agreed:
27.3.1 Where a safety problem exists, work shall only cease in the disrupted area. Work shall continue elsewhere unless access to other working areas is unsafe. However, any problems of access shall be immediately rectified and the employees will use any alternative safe access to such safe working areas while the usual access is being rectified.
27.4 Procedures
a) Immediate inspection shall take place to identify what needs to be done in the area(s) where the safety problem exists.
b) All employees who can be gainfully employed, immediately rectify whatever needs to be rectified.
c) Once the rectification work has been carried out, productive work then resumes.
d) Such resumption of work shall take place in stages once each area has been passed as safe.
e) If in any circumstance after the procedures at a) b) c) d) hereof have been followed and a dispute situation has developed, then such a dispute shall be followed in accordance with Clause 10 of this Agreement.
27.5 Every employee shall not' intentionally or recklessly interfere with or misuse equipment provided in the interests of health and safety.
28. PROTECTIVE CLOTHING AND EQUIPMENT
28.1 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 and will be maintained by the employee and replaced by the Company on a fair wear and tear basis.
28.2 The Company will supply to all employees covered by this Agreement the relevant uniform as per the Company's uniform procedure. This will be maintained by the employee and replaced by the Company on a fair wear and tear basis and must be worn at all times when working and representing the Company
The parties to this Agreement recognise that the use of subcontractors to do work that might otherwise be carried out by employees could have the potential to impact on employees covered by this Agreement in relation to the security of their employment.
The parties agree to follow the steps set out in clause 10 of this Agreement and agree to the following guidelines.
29.1 It is not the intention of the Company to use subcontractors to the detriment of the Company's direct employees.
29.2 If requested the Company will advise the Consultative Committee and other parties to this Agreement of the manner, use and type of work and all relevant information relating to subcontractors used by the Company, on this project.
29.3 Subcontractors used on the site will be to:
a) Perform specialised work or services;
b) Install and/or refurbish facilities, plant or equipment;
c) Modify or replace facilities, plant or equipment.
30. COUNSELLING AND DISCIPLINARY ACTION
30.1 Each employee bears the ultimate responsibility for his/her actions and ability or willingness to comply with Company standards.
30.2 Problems are generally divided into three categories:
30.3 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:
30.4 Where an employee continues to transgress then the following will apply:
30.5 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.
30.6 Where after the abovementioned 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.
30.6.1 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.
31.1 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.
31.2 Functions of the Committee
31.2.1 The following are some of the committees likely functions:
32.1 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.
32.2 Delegates on request, will be allowed reasonable time during working hours that is considered necessary to carry out functions associated with his/her role as Delegate. At no stage should a Delegate allow his/her responsibilities and duties as an employee to suffer due to his/her role as a Delegate.
32.3 The Delegate will be given free access to a telephone and/or facsimile on the occasions it is reasonably requested.
32.4 On written request seeking the release of Delegates 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 three (3) days paid leave will be granted to any individual Delegate 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.
34.1 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 $70.00 per week, whichever is the greatest.
Financial Year Percentage 2004/2007 9%34.2 The preferred funds are:
35.1 The parties acknowledge that job security has a significant impact on the employer/employee relationship. Accordingly 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 from time to time in accordance with the Redundancy/Severance Fund requirements.
This amount will be increased in line with the wage rate movements as per the table below:
October 2005 October 2006 $62.40 $64.9035.2 The relevant funds are:
The parties agree that a fair and equitable process is required to manage redundancies resulting from a down turn in work. Prior to any redundancies the Company agrees to consult with the CEPU to ensure all the employment options are canvassed before proceeding.
The Company will provide 24-hour Top-Up Insurance cover for all full-time employees covered by this Agreement under a policy available from the IUS or the equivalent.
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 of the workers compensation payments and cease 52 weeks after the commencement date of the injury/accident) his/her ordinary time earnings maintained by a combination of eligible workers compensation payments and company make-up payments. Thereafter, eligible statutory payments will apply.
38.1 Field Based Employee
In the event that an employee starts and finishes work at a depot, no travel time compensation shall be payable.
At commencement of employment each employee will:
Employees will be required to travel to and from the job site each day in their own time as per the following:
Thereafter, subject to the provisions of this clause, employees will be paid for additional time reasonably taken to travel. When directed by the Company travel time outside of ordinary working hours will be paid at the relevant overtime rates.
For the purpose of calculating the travel time the following will apply:
(i) the measurement of travel time will be based on the most direct route
(regardless of the mode of transport to achieve the most direct route) between the respective points of measurement referred to in this clause. The most direct route is that which takes the shortest time to travel;
(ii) If the employee's usual place of residence is within a metropolitan boundary, then the time is measured from the usual place of residence to the job site and from the job site to the usual place of residence.
(i) If the employees' usual place of residence is outside a metropolitan boundary, and the job site is within the boundary, time will be measured from the metropolitan boundary to the job site and from the job site to the metropolitan boundary.
(ii) Where an employee's usual place of residence is outside a metropolitan boundary and the job site is outside a metropolitan boundary the time is measured from the usual place of residence to the job site and from the job site to the usual place of residence. In situation where this position prevails the provisions of 38.1.4 will apply after 40 minutes (80 minutes combined) travel time.
In any event where a dispute arises to the measurement of daily travel, advice will be sought from the NRMA/RACV or similar organisation.
Note: The Company, wherever reasonably practicable, will allocate work as close as possible to the employees' usual place of residence.
38.2 Metropolitan boundaries are defined as:
Sydney The pre-existing 029 telephone exchange numbering boundary, (refer Appendix A)
Melbourne A 50 km radius from the Melbourne GPO.
Brisbane The Brisbane City Council area.
Adelaide The pre-existing 08 telephone exchange boundary.
Perth The pre-existing 089 telephone exchange boundary.
39.1 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.
39.2 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.
39.3 At the absolute discretion of 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.
This amount will be increased in line with the wage rate movements as per the table below:
October 2005 October 2006 Outside Capital City $135.00 $141.00 Capital City $182.00 $189.0039.4 In cases where the company provides accommodation only, the company will pay to the employee a daily amount no less than $65.00 to cover for meals and incidentals.
This amount will be increased in line with the wage rate movements as per the table below:
October 2005 October 2006 $68.00 $71.0039.5 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 $0.64 cents. This amount will be subject to award movements from time to time.
Prior to employees being directed to work for an extended period away from home. The employees concerned and the Management will discuss and agree the timing and means for periodic return to home.
The discussion will include consideration of the likely duration of the distant work and the employees' individual circumstances.
41.1 The Company acknowledges the changing pace of technology in the communication industry and the need for GridComm employees to understand those changes and have the necessary skill requirements to keep the Company at the forefront of the industry.
41.2 The Company and the 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.
41.3 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.
41.4 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 will not suffer any loss of pay.
41.5 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.
41.6 Travel costs incurred by an employee undertaking training in accordance with this clause, which exceed those normally incurred in travelling to and from the normal place of work, will be reimbursed.
41.7 All appropriate costs associated with required training including meals, accommodation and course fees will be paid for by the Company.
(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 employees' normal working hours.
41.8 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.
41.9 The cost of specialist training provided to the employees covered by this Agreement will be reimbursed by the employee on the following basis:
An employee may request from the Company to have the training costs waivered due to exceptional circumstances at which time the Company will consider the request.
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 relevant interview process.
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