STAR TRACK EXPRESS AGREEMENT 2011-2014
Index to Star Track Agreement
PART 1 -APPLICATION AND OPERATION
1. TITLE
The title of this Agreement is the Star Track Express Pty Limited -Transport
Workers' Union Fair Work Agreement 2011-2014.
2. ARRANGEMENT
This Agreement is arranged as follows:
Part 1 Application and Operation
1. Title
2. Arrangement
3. Definitions
4. Duration of Agreement
5. Application
6. Parties Bound
7. Relationship to Legislation and Other Instruments
8. Preamble
9. Objectives
10. Custom and Practice
11. Local Agreements
12. Flexibility Arrangements
13. Conduct of the Parties
14. Negotiation of Next Agreement
Part 2Productivity,
Consultation, Training and Dispute Resolution
15. Productivity Improvements
16. Settlement of Disputes
17. Consultation regarding Major Workplace Change
18. Training
19. Safe Systems of Work/Drug and Alcohol and Safe Driving Plans
20. Access to the Agreement and the National Employment Standards
21. TWU Recognition and Freedom of Association
22. Union Inductions
23. TWU Delegates' Training Leave
24. Right of Entry
25. Safe and Fuel Efficient Driver Program (SAFED Program)
26. Transport Education Audit Health Compliance Organisation (TEACHO)
Part 3 Types of Employment and Termination of Employment
27. Work Organisation
28. Types of Employment
29. Labour Hire
30. Existing Star Track Express Subcontractors
31. Fleet Outside Hire and Contractors
32. Linehaul Operations
33. Termination of Employment
34. Redundancy
Part 4 Wages. Allowances and Related Matters
35. Wage Increases and Rates of Pay
36. Juniors
37. Higher Duties
38. Allowances
39. Travelling Allowance
40. Articles of Clothing
41. First Aid Allowance
42. Medical Checks
43. Accident Make-up Payment
44. Payment of Wages
45. Superannuation
46. Aviation and Maritime Security Identification Cards (ASIC/MSIC)
Part 5 Hours of Work and Related Matters
47. Ordinary Hours of Work
48. Shift Work
49. Start Times
50. Breaks
51. Overtime
52. Penalty Rates
Part 6 Leave and Public Holidays
53. Annual Leave
54. Personal/Carer's Leave and Compassionate Leave
55. Community Service Leave
56. Parental Leave
57. Public Holidays
58. Long Service Leave
59. Signatures
Appendix A Classifications and Gradings
Appendix B Supported Wage System
Appendix C VictorialTasmania
Appendix D Queensland
Appendix E South Australia/Northern Territory
Appendix F Western Australia
3. DEFINITIONS
3.1 In this Agreement, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
Articulated vehicle means a vehicle with three or more axles, comprising a
power unit (called a prime mover, tractor truck etc) and a semi-trailer which is
superimposed on the power unit and coupled together by means of a king-pin
and revolving on a turn-table and is articulated whether automatically
detachable or permanently coupled.
Award means the Road Transport and Distribution Award 201 O.
Double-articulated vehicle means a vehicle with four or more axles,
comprising a power unit (called tractor truck, prime mover, etc.) and semitrailer
(called dolly trailer) which is superimposed on the power unit, which in
turn has a load-carrying semi-trailer superimposed upon the dolly trailer, both
semi-trailers and the power unit being coupled together by means of king-pins
and revolving on turn-tables and are articulated whether automatically
detachable or permanently coupled.
Casual employee means an employee engaged and paid as such.
Company means Star Track Express Pty Limited.
Courier means an employee who is engaged as a courier and who uses a
passenger car or station wagon, light commercial van, motorcycle or bicycle or
who delivers on foot, in the course of such employment.
Dirty material means bituminous products, black lead, briquettes, charcoal,
coal, coke, plumbago, graphite, manganese, lime, tallite, limii, plaster, plaster
of paris, red oxide, zinc oxide, Quickardo cement, superphosphate, rock
phosphate, dicalcic phosphate, yellow ochre, red ochre, empty flour-bags,
supercel in jute bags, stone dust, garbage, street sweepings, tar, sludge, used
oil, liquid petroleum gas, shives of flax when carted as a full load.
Employee handling money means an employee who collects or pays out
money, excluding non-negotiable cheques, and who is responsible for the safe
custody of the amounts so collected to be paid out.
Furniture means any article of household and/or office furniture or whitegoods
which are completely manufactured and ready for use, and includes
furniture being transported from a manufacturer to a retail store unless such
furniture is crated, in cartons or otherwise covered.
Genuine emergency means short term peaks, high demands or unavailability
of regular suppliers which the Company may experience from time to time
during the life of this Agreement.
Greaser and cleaner includes a person required to refuel motor vehicles at a
depot, yard or garage.
Gross combination mass or GCM means the maximum permissible mass
(whether described as the gross train mass or otherwise) for the motor vehicle
and the trailer(s) or semi-trailer(s) attached to it, together with the load carried
on each, as stated in any certificate of registration or other certificate that is
issued in respect of the motor vehicle by the relevant authority or by the
corresponding authority of another State or Territory or that is required by law
to be painted or displayed on the motor vehicle.
Gross vehicle mass or GVM means the maximum permissible mass
(whether described as the gross train vehicle mass or otherwise) for the motor
vehicle and its load (but excluding any trailer and its load) as stated in a
certificate of registration or other certificate that is issued in respect of the
motor vehicle by the relevant authority or by the corresponding authority of
another State or Territory or that is required by the law to be painted or
displayed oh the motor vehicle.
Labour hire means employees of labour hire agencies who perform freight
handling duties as required from time to time.
Local agreement means an unregistered arrangement entered into between
the Company and the relevant State Branch of the Union which applies to the
employees at a particular yard of the Company.
Loader/Freight Handler means an employee not defined elsewhere in this
Agreement who is engaged in loading or unloading any goods, wares,
merchandise or materials onto or from any vehicle and in work incidental to
such loading or unloading; and a person engaged as a motor driver's assistant
but who performs work on the waterfront of the nature usually performed by a
loader shall be deemed to be a loader whilst performing such work.
Low loader means a vehicle consisting of a tandem drive prime mover and a
gooseneck semi-trailer (not being a drop deck semi-trailer) with a loading area
of the semi-trailer a maximum of 1 metre off the ground. The prime mover and
gooseneck semi-trailer being designed and manufactured and plated to
operate at the required mass limits.
Linehaul operations means owner drivers, contractors or fleet operators who
perform long distance operations as defined in the RT LDO Award.
Motor driver's assistant means and include any employee who accompanies
the driver to assist in loading or unloading or delivering.
NES means the National Employment Standards as contained in sections 59
to 131 of the Fair Work Act 2009 (Cth).
Offensive material means bone-dust, bones, blood, manure, dead animals,
offal, fat, including that which is carted from hotels and restaurants or other
places in kerosene tins, tallow in second-hand casks or in second-hand iron or
steel drums, green skins, raw hides and sheep-skins when fly-blown or
maggoty, sausage skin casings (except when packed in non-leaky containers
for consumption), salt-cake, spent oxide, hair and fleshings, soda ash, muriate
of potash, sulphur ex-wharf, sheep's trotters (known as pie), sulphuric acid of
the strength of 96% or 98% in cases in which the carter is required to handle
individual jars, horse, cow or pig manure, meat-meal, liver meal, blood meal,
TNT.
Outside hire means outside hire companies directly engaged by Star Track
Express to perform fleet duties as required from time to time.
Radio operator means an employee whose major duties are staffing of a
mobile two-way radio system, data entry despatch system, voice dispatch
system and/or any other form of dispatch system and include all instruction
relating to the movement of goods and/or freight.
RT LDO Award means the Road Transport (Long Distance Operations)
Awan:f2010.
Summer means from 16 October to 14 April, inclusive.
Team Leader means an employee who, in addition to any other duties, is
required to direct the work and/or conduct, during working hours, of other
employees.
Truck loading crane means a crane which is mounted on a truck or trailer
and which is used for the purpose of loading or unloading loads from the truck
or trailer on which the crane is mounted.
Union means and refers to the Transport Workers' Union of Australia.
Yardperson means an employee not otherwise specified, employed in, or in
connection with a depot, yard or garage, but shall not include any person
exclusively employed as a skilled tradesperson.
Yard Committee refers to a committee of employee and management
representatives at each capital city Branch of the Company and the Gold
Coast Branch, who meet on a monthly or regular basis to discuss operational
issues affecting the employees at the respective Branch.
3.2
Where this Agreement refers to a condition of employment provided for in the
NES, the NES definition applies.
4. DURATION OF AGREEMENT
This Agreement operates from 7 days after it is approved by Fair Work Australia. The
nominal expiry date of this Agreement is 31 March 2014.
5. APPLICATION
5.1
This Agreement shall apply to all employees of Star Track Express Pty Limited
who are employed:
(a)
by the Company in respect to its business carried out in all States and
Territories of Australia, except for New South Wales and the Australian
Capital Territory; and
(b)
in the classifications set out in Appendix A of this Agreement; and
(c)
who fall within the conditions of eligibility for membership of the TWU.
6. PARTIES BOUND
6.1
The parties to this Agreement are:
(a)
the Company;
(b)
the Union; and
(c)
all employees who are engaged in any of the occupations specified in
Appendix A of this Agreement, whether members of the Union or not.
7. RELATIONSHIP TO LEGISLATION AND OTHER INSTRUMENTS
7.1
This Agreement replaces and wholly supersedes the following agreements:
(a)
Star Track Express Pty Limited Victoria and Tasmania Agreement 2008;
(b)
Star Track Express Pty Limited Queensland Agreement -2008;
(c)
Star Track Express Pty Limited South Australia/Northern Territory
Agreement -2008;
(d)
Star Track Express Pty Limited Western Australia Agreement -2008.
7.2
The NES contains the minimum conditions of employment for employees
covered by this Agreement.
7.3
This Agreement is to be read in conjunction with the Award, as varied from
time to time. In the event of any inconsistency between the terms of this
Agreement and the Award, this Agreement shall prevail to the extent of the
inconsistency.
8. PREAMBLE
Star Track Express Pty Ltd provides a range of services in an extremely competitive
environment. It is imperative to the company's very survival that all employees
embrace new technology and recognise that changes to work methods and practices
are essential.
The Company, the Union and employees recognises that clearly only working
together with all of the individuals in the organisation can it achieve its objectives of
being the best express transport company in Australia.
This Agreement provides for improved productivity and greater flexibility in
employment practices to provide the funding for the wage increases to all employees
included in clause 35.
9. OBJECTIVES
9.1
The objects of this Agreement are to:
(a)
Enhance the productivity and efficiency of the Company's operations;
(b)
Promote the training of Star Track Express employees in vocational
skills, safe working practices and an understanding of the benefits they
enjoy under this Agreement and the Company's detailed policies;
(c)
Promote job security for Star Track Express employees, and through
the policies of "promotion from within", study assistance and career
development provide access to more varied, fulfilling and better paid
jobs; and
(d)
Provide Star Track Express employees with a fair measure of income
and entitlements protection.
9.2
The aim of this Agreement is also to achieve maximum flexibility and efficiency
in the transport functions of the Company and to encourage continuous
improvement in all aspects of the services provided by the Employees.
9.3
The parties to this Agreement are committed to a safe and sustainable
transport industry.
9.4
The Company agrees that systems of remuneration must not place pressure
on transport workers or encourage them to take risks.
10. CUSTOM AND PRACTICE
For the avoidance of doubt, this Agreement is not intended to alter custom and
practice currently applicable to Star Track and the Employees.
11. LOCAL AGREEMENTS
11.1
The parties to this Agreement agree that any yard agreement or other
unregistered arrangement in force at the time that this Agreement is executed
shall continue to apply unless the parties to this Agreement at the workplace/s
affected specifically agree to other arrangements to apply in lieu thereof.
11.2
Variation to this Agreement shall be made in accordance with section 209 of
the Act and processed in accordance with section 210 of the Act and any other
statutory requirements.
11.3
The Company and the Employees at any site may agree to enter into a Local
Agreement or vary the terms of any Local Agreement applying at that site.
11.4
The Company must not:
(i)
request that employees enter into a Local Agreement; or
(ii)
enter into a Local Agreement under this clause,
without first having consulted with the Union and the Employees at the site in
accordance with clause 17. Without limiting that clause, as part of the
consultation process, the Company must provide the Union and the
Employees with details in writing of the proposed Local Agreement.
11.5
The Company recognises that as part of the consultation process, the Union
may canvass the views of the Employees at the site as to the proposed Local
Agreement, which may include conducting a vote of the employees on the
proposed Local Agreement.
11.6
To be effective, any Local Agreement made under clause 11.1 must be in
writing and signed by the relevant Branch of the Union and the Director of
Operations. To avoid doubt, the Director of Operations must be included in
the process for any Local Agreement to be effective.
11.7
If:
(i)
the Union or the Employees at the site object to the proposed Local
Agreement; or
(ii)
the Secretary of the relevant Branch of the Union refuses to sign the
proposed Local Agreement,
the Company may elect to treat the objection or refusal as giving rise to a
dispute, and that dispute will be dealt with in accordance with clause 16.
11.8
The Company must give the affected employees a copy of the Local
Agreement within 14 days after it is made or ordered as the case may be.
11.9
This Agreement incorporates any Local Agreement made during the life of this
Agreement, provided that the Local Agreement prevails over the terms of this
Agreement to the extent of any inconsistency.
12. FLEXIBILITY ARRANGEMENTS
12.1
The Company and an employee covered by this Agreement may agree to
make an individual flexibility arrangement to vary the effect of terms of the
Agreement where:
(a)
the Agreement deals with one or more of the following matters:
overtime penalty rates in order to cater for personal or family
circumstances of the employee concerned;
hours of work;
annual leave.
(b)
the arrangement meets the genuine needs of the Company and the
employee in relation to one or more of the matters mentioned in clause
12.1(a); and
(c)
the arrangement is genuinely agreed to by the Company and the
employee.
12.2
The Company must ensure that the individual flexibility arrangement:
(a)
is in writing; and
(b)
includes the name of the Company and employee; and
(c)
is signed by the Company and employee and if the employee is under
18 years of age, signed by a parent or guardian of the employee; and
(d)
includes details of:
the terms of this Agreement that will be varied by the arrangement;
and
how the arrangement will vary the effect of the terms; and
how the employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
arrangement; and
(e)
states the day on which the arrangement commences.
12.3
The Company must give the employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
12.4
The Company or employee may terminate the individual flexibility
arrangement:
(a)
by giving no more than 28 days written notice to the other party to the
arrangement; or
(b)
if the Company and employee agree in writing -at any time.
13. CONDUCT OF THE PARTIES
13.1
The parties agree that mutual respect and good faith is necessary to achieve
an efficient and mutually beneficial relationship.
13.2
Further to the parties' aim of achieving an efficient and mutually beneficial
relationship, the parties agree to act in good faith in fulfilling their respective
functions and obligations under this Agreement.
13.3
For the purposes of this Agreement, "good faith" requires the parties to:
(a)
deal with one another honestly and genuinely, and in a manner which
maintains the integrity of this Agreement;
(b)
take an honest and genuine approach to resolution of any disputes
arising between them;
(c)
refrain from capricious or unfair conduct that undermines the
Agreement;
(d)
give genuine consideration to, and respond to, the positions and
proposals of other parties in relation to any disputes; and
(e)
disclose information (other than confidential or commercially sensitive
information) which is relevant to any dispute in a timely manner.
14. NEGOTIATION OF NEXT AGREEMENT
14.1
This Agreement includes a commitment by the parties to commence
negotiations on a replacement enterprise agreement no less than three
months prior to the expiry of this Agreement. Those negotiations will proceed
on a national basis.
14.2
In order to facilitate those national negotiations, the Company will:
(a)
release one delegate representative from each of the following
locations: Western Australia, South Australia/Northern Territory,
VictorialTasmania, New South Wales/Australian Capital Territory,
Brisbane and Queensland Country to attend the negotiations. Those
representatives will be paid their average earnings for all days spent in
the negotiations;
(b)
provide venues for negotiations along with catering and payment for
flights, accommodation and reasonable meal and other expenses in line
with Company policy;
(c)
consent for the delegate representatives to facilitate pre-survey, claim
endorsement and negotiation report back meetings in respect of all
relevant yards on paid time.
PART 2 -PRODUCTIVITY, CONSULTATION, TRAINING AND DISPUTE RESOLUTION
15. PRODUCTIVITY IMPROVEMENTS
15.1
The parties agree that the following shall represent work practices and/or
goals agreed to be in the interest of the parties and which will assist the
Company to achieve its Service Quality Assurance required standards.
15.2
All the employees who are involved in handling freight shall:
(a)
handle same in a correct and proper manner and agree that the
practice of "throwing freight" should be eliminated;
(b)
aim to improve the quality of loading, for example by eliminating
misdirects, damages and achieving improved linehaul utilisation;
(c)
the employees shall strive to achieve that all freight is both stickered
and cubed to a 100% accuracy.
(d)
The employees who are drivers shall have as their prime objective to
achieve the earliest possible departure and arrival times from and back
to the Company's terminal. Our daily objective and goal is to strive for
continuous improvement. Every driver must apply themselves to
achieving their Personal Best results in deliveries, pickups and
unloading times.
This means that unload times may take more or less time depending on
circumstances.
To assist in achieving this, the following work practices shall be
adopted:
Assist on adjoining runs when applicable in the morning;
Assist on conveyor lines whenever required, for example if linehaul
trucks are late and by necessity the belt speed increased in the
morning;
To ensure accurate pick-up carton count so as to reduce customer
service failures;
Ensure
that pick-ups are effected as quickly and efficiently as
possible.
15.3
All freight shall be bulk cubed by State instead of an overall basis where
possible as per Company policy. The Company policy covering bulk cubing is
to be adhered to in relation to multiple pickups, where cubing measurements
are to be recorded using the bulk cube booklets. Employees will endeavour to
educate the Company's customers in this work practice.
15.4
There will be no targets on the number of deliveries per day and all parties
agree that, as individuals, they will all perform their duties in such a manner
that they will strive for continuous improvement as a joint objective.
For those drivers who are bulk drivers, it is also agreed that every effort will be
made by each driver to assist the run drivers with, wherever possible,
deliveries that are in the immediate vicinity of their bulk deliveries and
discretion needs to be used by all parties to ensure that these deliveries are
maintained at a controlled level.
15.5
It is further agreed that management will assist wherever possible to ensure
that all freight is presented to drivers as early as possible to achieve earlier on
road times. The improved on road times will allow sufficient time to be
continually improving delivery results.
15.6
The employees shall assist in the reduction of service failures in all categories.
15.7 A joint co-operative effort will be made to reduce non-genuine sick leave with
progress to be monitored.
15.8 Where directed, employees will utilise hand-held scanners and any other
equipment relating to bar-coded technology to 100% accuracy in line with
company policy. This includes the scanning of labels, manifesting of run
sheets and the collection of "real time" electronic delivery signatures.
16. SETTLEMENT OF DISPUTES
16.1
The procedure set out in this clause shall apply to any dispute or grievance
that arises at the workplace between an employee and the Company about
the interpretation or application of this Agreement, the Award or the NES.
16.2
The dispute or grievance, as defined above, shall be dealt with in the following
manner:
(a)
The matter must first be discussed by the aggrieved employee(s)
directly with his or her or their immediate Team Leader/supervisor.
(b)
If the matter remains in dispute, it must next be discussed with the
Team Leader/supervisor's immediate superior or another representative
of the employer appointed for the purpose of this procedure. The TWU
delegate for the worksite has the right to attend and participate in this
discussion as a representative of an employee provided that the TWU
delegate is the representative of the employee's choice.
(c)
If the matter remains in dispute, it must next be discussed with the
relevant manager of the employer. The TWU State Secretary (or
his/her nominee) has the right to attend at and participate in this
discussion as the representative of an employee provided that the
relevant TWU State Secretary is the representative of the employee's
choice. The Branch/Operations Manager may seek the involvement of
the State Director or Director of Operations.
(d)
If the matter remains in dispute after the involvement of the relevant
TWU State Secretary and the relevant Operations/Branch Manager
and/or State Director, the matter must be discussed with the Director of
Operations (or his nominee).
(e)
If the matter remains in dispute, either party may refer the dispute to
Fair Work Australia (FWA) for conciliation. For this purpose, it is agreed
that the action FWA may take includes arranging conferences of the
parties or their representatives at which FWA is present; and arranging
for the parties or their representatives to confer among themselves as
conferences at which FWA is not present.
(f)
If the matter is not resolved in conciliation conducted by FWA, the
parties agree that FWA shall proceed to arbitrate the dispute. In
relation to such an arbitration, the parties agree that:
FWA may give all such directions and do all such things as are
necessary for the just resolution of the dispute, including but not
limited to those things set out in Division 3 of Chapter 5 of the
Fair Work Act 2009.
Before making a determination FWA will give the parties an
opportunity to be heard formally on the matter(s) in dispute.
(g)
The decision of FWA will be binding on the parties subject to the
following agreed matters:
There shall be a right of appeal to a Full Bench of FWA against
the decision, which must be exercised within 21 days of the
decision being issued or within such further time as the Full
Bench may allow.
The appeal will be conducted in accordance with in accordance
with Subdivision E, Division 5, Part 5-1 of the Fair Work Act.
The Full Bench (or a nominated member of the Full Bench) shall
have the power to stay the decision pending the hearing and
determination of the appeal.
The decision of the Full Bench in the appeal will be binding upon
the parties.
16.3
While a dispute is being resolved, employees must continue to work as
normal in accordance with their contracts of employment and must comply
with any reasonable direction given by the Company to perform other
available work as required. The TWU, the employees and the Company are
committed to ensuring that this occurs. No party is to be prejudiced as to the
final settlement by the continuance of work in accordance with this
procedure.
16.4
The parties to the dispute agree to be bound by any decision made by Fair
Work Australia in accordance with this term. The parties undertake to
resolve any disputes in a timely manner in accordance with the procedure set
out in this clause and will co-operate to ensure that these procedures are
carried out expeditiously.
16.5
The parties are entitled to be represented, including by legal representatives,
in relation to any conciliation and/or arbitration process conducted by FWA
and any appeal.
17. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE
17.1
Employer to notify
(a)
Where an employer has made a definite decision to introduce major
changes in production, program, organisation, structure or technology
that are likely to have significant effects on employees, the Company
must notify the employees who may be affected by the proposed
changes and their representatives, if any, including the TWU.
(b)
Significant effects include termination of employment; major changes
in the composition, operation or size of the Company's workforce or in
the skills required; the elimination or diminution of job opportunities,
promotion opportunities or job tenure; the alteration of hours of work;
the need for retraining or transfer of employees to other work or
locations; and the restructuring of jobs. Provided that where this
Agreement makes provision for alteration of any of these matters an
alteration is deemed not to have significant effect.
17.2
Employer to discuss change
(a)
The Company must discuss with the employees affected and their
representatives, if any, the introduction of the changes referred to in
clause 17.1, the effects the changes are likely to have on employees
and measures to avert or mitigate the adverse effects of such changes
on employees and must give prompt consideration to matters raised by
the employees and/or their representatives in relation to the changes.
(b)
The discussions must commence as early as practicable after a definite
decision has been made by the Company to make the changes referred
to in clause 17.1.
(c)
For the purposes of such discussion, the Company must provide in
writing to the employees concerned and their representatives, if any, all
relevant information about the changes including the nature of the
changes proposed, the expected effects of the changes on employees
and any other matters likely to affect employees provided that no
employer is required to disclose confidential information the disclosure
of which would be contrary to the Company's interests.
17.3
Consultation generally and Yard Committees
(a)
The parties agree that the relevant Yard Committee currently
established shall remain so constituted throughout the life of this
Agreement and shall at all times be composed of representatives of
both the Company and the employees ("'the Committee").
(b)
The Yard Committee shall accordingly be the consultative body to who
each of the parties hereto shall refer any matters relating to the
organisation or performance of work in the Company. In this regard the
Committee shall minute all matters coming before it and shall regularly
post such minutes for all the employees to view at the relevant
Company yard.
(c)
Each Yard Committee shall consist of at least one Union delegate and
one senior management representative. The employee representatives
of each Yard Committee will be elected at the commencement of this
Agreement in respect of each relevant Branch. Where possible, the
employee representatives nominated for election should constitute a fair
representative sample of the respective work functions at each relevant
Branch.
(d)
Each Yard Committee shall discuss at least the following items on a
regular basis, with such discussions to be minuted and posted for all
relevant employees to view:
the use of supplementary labour, including outside hire and labour
hire agencies;
the reasons for the use of supplementary labour; and
the ratio of casual employment to the number of directly hired
employees at the relevant Branch.
(e)
Each Yard Committee may request access to information relating to the
matters identified in the preceding sub-clause, and the Company shall
not unreasonably withhold such information.
18. TRAINING
18.1
As the Company embraces the technological advances and industrial reform
essential for its success, it is critical that employees embrace the concepts of
multi-skilling and additional training. This means that drivers and freight
handlers may be required to learn and experience different factors of the
operation. All new employees are required to complete a Company induction
program which shall include an introduction from the relevant employee
representative.
18.2
Where, as a result of consultation, it is agreed by the Company that additional
training should be undertaken by an employee, that training may be
undertaken either on or off the job. Provided that if the training is undertaken
during ordinary working hours, the employee concerned shall not suffer any
loss of pay. The Company shall not unreasonably withhold such paid training
leave.
18.3
Any costs associated with standard fees for prescribed courses and
prescribed textbooks (excluding those textbooks which are available in the
Company's technical library) incurred in connection with the undertaking of
training shall be reimbursed by the Company upon production of evidence of
such expenditure. Provided that reimbursement of standard fees may be
made at the completion of the prescribed course or annually, whichever is the
earlier, subject to reports of attendance at such courses.
18.4
Travel costs incurred by an employee undertaking training in accordance with
this clause which exceed those normally incurred in travelling to and from work
shall be reimbursed by the Company.
18.5
Members of OH&S committees will receive OH&S accredited training.
18.6
"Blue Card" training is an independently provided training course aimed at
improving safety awareness.
18.7
The parties agree that each new employee covered by this Agreement shall
undertake a "Blue Card" Training Program, conducted by a licensed "Blue
Card" training provider. This training is to be provided during the initial
Company induction training referred to above.
19. SAFE SYSTEMS OF WORK/DRUG AND ALCOHOL AND SAFE DRIVING PLANS
19.1
The Company agrees that all work be performed lawfully and in accordance
with safe systems of work which shall, inter alia, include:
(a)
A requirement to assess and eliminate or control risk in respect to
Fatigue, Speed, Mass Management, Load Restraint and Maintenance;
(b)
Meeting the cost of medical and other health related examinations in
accordance with clause 42 below;
(c)
Safe scheduling and trip management;
(d)
Comprehensive and effective fatigue management practices and
controls;
(e)
Safe driving plans and procedures for their use;
(f)
Drug and alcohol policy designed to eliminate professional drug use
amongst transport workers, supplementary labour and outside hire and to
ensure that no transport worker or supplementary labour worker or
outside hire worker performs work if they are impaired by drugs or
alcohol. The policy may include saliva testing (but must not include more
invasive forms of testing) and it must include procedures for its
development and implementation in consultation with transport workers
and the TWU; and
(9)
Record keeping requirements for accountability and compliance
purposes.
20. ACCESS TO THE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS
The Company must ensure that copies of this Agreement and the NES are available
to all employees to whom they apply either on a noticeboard which is conveniently
located at or near the workplace or through electronic means, whichever makes them
more accessible.
21. TWU RECOGNITION AND FREEDOM OF ASSOCIATION
21.1
The Company recognises the TWU as the union capable of representing
transport workers employed by the Company and acknowledges that the TWU
has the right to manage its own affairs.
21.2
The Company will recognise TWU delegates in their capacity as workplace
representatives of transport workers and will treat them fairly and allow them
to perform their role without discrimination or interference.
21.3
Union delegates will have the right to perform their functions in paid time,
including discussions and consultation with union members, representing
members in disputes and participating in collective bargaining.
22. UNION INDUCTIONS
Consistent with its recognition of the rights of transport workers to freely associate
with the TWU, the Company will allow for union inductions of new employees to be
conducted as part of the Company's normal induction process. These union
inductions will be for no more than 30 minutes in duration and subject to local
arrangements.
23. TWU DELEGATES' TRAINING LEAVE
23.1
Delegate representatives from each of the following locations (Western
Australia, South Australia/Northern Territory, VictorialTasmania, Brisbane and
Queensland Country) are entitled to take a total pool of 210 days leave per
annum to attend to union business including training, meeting and information
sessions conducted by the TWU and to be involved in Union campaigning.
23.2
The pool of delegates' leave will divided between the delegate representatives
from each StatelTerritory in accordance with the maximum number of days
prescribed in the relevant Appendix, giving a total of 21 0 days delegates' leave
per annum for all relevant locations.
23.3
The amount of delegates' leave under this clause shall not accumulate from
year to year.
23.4
The delegate representative from each of the following locations (Western
Australia, South Australia/Northern Territory, VictorialTasmania, Brisbane and
Queensland Country) will be paid their average earnings during any such
periods of delegates' leave.
23.5
A delegate representative or the Union shall, in advance, consult and reach
agreement with the Company as to the timing and duration of the delegates'
leave to be taken. Without limiting the foregoing, a delegate representative or
the Union shall give the Company at least five working days' notice of the
delegate representative's intention to attend such union business and the
leave to be taken, or such shorter period as the Company may agree to
accept.
23.6
The taking of such leave shall be arranged having regard to the operational
requirements of the Company so as to minimise any adverse effect on those
requirements. The taking of leave shall not be unreasonably withheld by the
Company.
24. RIGHT OF ENTRY
24.1
This clause sets out the agreement between the Company and the TWU with
respect to their rights and obligations of right of entry, other than under an
OHS law, in a manner which is consistent with Part 3-4 of the Fair Work Act.
24.2
The Company will allow an authorised industrial officer to enter the Company's
premises as set out in this clause.
24.3
For the purposes of this clause, "authorised industrial officer" means an officer
or an employee of the TWU who:
(a)
holds or obtains an entry permit recognised for the purposes of Part 3-4
of the Fair Work Act 2009, as amended from time to time, at the date of
commencement of this clause; and
(b)
continues to hold such an entry at the time of exercising right of entry
under this protocol.
24.4
For the purposes of this clause, "relevant employee" means an employee of
the Company who is covered by this Agreement.
24.5
Right of entry under an OHS law will be exercised in accordance with the right
of entry provisions in the relevant State or Territory occupational health and
safety legislation and the Fair Work Act 2009, as amended from time to time.
24.6
On the giving of at least 24 hours' written notice, an authorised industrial
officer may enter, during working hours, the Company's premises where
relevant employees are engaged, for the purpose of holding discussions with
relevant employees who wish to participate in those discussions in any lunch
time or non-working time.
24.7
On the giving of at least 24 hours' written notice, an authorised industrial
officer may enter, during working hours, the Company's premises where
relevant employees are engaged, for the purpose of investigating any
suspected breach of this Agreement or the Fair Work Act.
24.8
On the giving of at least 24 hours' written notice, an authorised industrial
officer may, for the purpose of investigating a suspected breach of this
Agreement or the Fair Work Act, require the Company to produce for
inspection, during usual office hours at the Company's premises, any records
or other documents kept by the Company that are related to the suspected
breach (to the extent the records or documents relate to the employment of a
person who is a member of the TWU) and may make copies of the entries in
any such records or other documents related to any such suspected breach.
24.9
An authorised industrial officer must not deliberately hinder or obstruct the
Company or employees during their working time.
24.10
The Company must not hinder or obstruct an authorised industrial officer in the
exercise of the powers referred to in this clause.
24.11
Should any issue arise concerning the operation of this clause, it shall be dealt
with by way of clause 16 -Settlement of Disputes.
25. SAFE AND FUEL EFFICIENT DRIVER PROGRAM (SAFED PROGRAM)
25.1
The TWU has proposed that:
(a)
the Company introduce a fuel-efficient driver training program
conducted in accordance with the SAFED Program;
(b)
any costs savings realised through the SAFED Program will be shared
equally between the Company and the Employees;
(c)
an authorised TWU representative be appointed at each yard to monitor
and encourage implementation of the SAFED Program.
25.2
The Company has held discussions about the proposal and would like to
investigate the proposal further. To this end, the Company agrees to hold
discussions with the TWU about the concept during the life of this Agreement.
26. TRANSPORT EDUCATION AUDIT HEALTH COMPLIANCE ORGANISATION (TEACHO)
26.1
The TWU has made a claim related to TEACHO, including that the Company
participate in an industry project concerning education-related health and
safety matters.
26.2
The Company has held discussions about the concept of TEACHO and would
like to investigate the matter further. To this end, the Company agrees to hold
discussions with the TWU about the concept during the life of this Agreement.
PART 3 -TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT
27. WORK ORGANISATION
27.1
The Company may direct an employee to carry out such duties as are within
the limits of the employee's skill, competence and training consistent with the
classification structure of this Agreement, provided that such duties are not
designed to promote de-skilling.
27.2
Employees within each grade are to perform a wider range of duties including
work which is incidental or peripheral to their main tasks or functions.
27.3
The Company may direct an employee to carry out such duties and use such
tools and equipment as may be required, provided that the employee has
been trained in the use of such tools and equipment.
27.4
The Company shall provide all gear necessary for the unloading of vehicles
and the securing of loads thereon.
28. TYPES OF EMPLOYMENT
28.1
An employee may be engaged on a full-time, part-time or casual basis.
28.2
At the time of engagement, an employer will inform each employee of the
terms of their engagement and in particular whether or not they are to be full-
time, part-time or casual. Such decision will then be recorded in a time and
wages record.
28.3
Full-time employment
A full-time employee is an employee who is engaged to work an average of 38
ordinary hours per week.
28.4
Part-time employment
(a)
A part-time employee is an employee who is engaged to work less than
38 ordinary hours per week.
(b)
Before commencing part-time employment, the employee and employer
must agree upon:
(i)
the hours to be worked by the employee, the days upon which
they will be worked and the commencing and finishing times for
the work; and
(ii)
the classification applying to the work to be performed.
(c)
Except as otherwise provided in this Agreement, a part-time employee
is entitled to be paid for the hours agreed upon in accordance with
clause 28.4(b)(i).
(d)
The terms of the agreement may be varied by consent.
(e)
The terms of the agreement or any variation to it must be in writing and
retained by the Company. A copy of the agreement and any variation
to it must be provided to the employee by the Company.
(f)
A part-time employee must be paid per hour 1/38th of the weekly rate
prescribed by clause 35 -Wage Increases and Rates of Pay for the
classification in which the employee is engaged. A part-time employee
must receive a minimum payment of four hours for each day engaged.
(g)
The terms of this Agreement apply pro rata to part-time employees on
the basis that ordinary weekly hours for full-time employees are 38.
(h)
All time worked in excess of the agreed hours referred to in clause
28.4(b )(i) will be paid at the appropriate overtime rate.
28.5
Casual employment
(a)
A casual employee is an employee engaged as such and paid by the
hour.
(b)
An employer must, wherever practicable, notify a casual employee if
their services are not required the next working day.
(c)
A casual employee while working ordinary hours, must be paid on an
hourly basis 1/38th of the minimum weekly rate for their classification in
clause 35 -Wage Increases and Rates of Pay, plus the casual loading
prescribed in the relevant Appendix. A minimum payment of four hours
is to be paid.
(d)
In addition to normal overtime rates, a casual employee while working
overtime or outside of ordinary hours, will be paid on an hourly basis
1/38th of the minimum weekly wage rate for their classification in clause
35, plus a loading of 10%.
28.6
Conversion of casual employment
(a)
A casual employee, other than an irregular casual employee who has
been engaged by a particular employer for a sequence of periods of
employment under this Agreement during a period of 9 months will
thereafter have the right to elect to have their contract of employment
converted to full-time employment or part-time employment if the
employment is to continue beyond the conversion process.
(b)
An employer of such an employee must give the employee notice in
writing of the provisions of this clause within four weeks of the
employee having attained such period of 9 months.
(c)
The employee retains the right of election under this clause even if the
Company fails to comply with clause 28.6(b).
(d)
A casual employee who does not, within four weeks of receiving written
notice, elect to convert their contract of employment to full-time
employment or part-time employment will be deemed to have elected
against any such conversion.
(e)
Any casual employee who has the right to elect under clause 28.6(a),
upon receiving notice under clause 28.6(b), or after the expiry of the
time for giving such notice, may give four weeks notice in writing to the
Company that they seek to elect to convert their contract of employment
to full-time or part-time employment, and within four weeks of receiving
such notice the Company must either consent to or refuse the election
but must not unreasonably so refuse.
(f)
A casual employee who has elected to be converted to a full-time
employee or a part-time employee in accordance with clause 28.6(e)
may only revert to casual employment by written agreement with the
Company.
(g)
If a casual employee has elected to have their contract of employment
converted to full-time or part-time employment, the Company and the
employee, subject to clause 28.6(e), must discuss and agree upon:
(i)
which form of employment the employee will convert to, that is,
full-time or part-time; and
(ii)
if it is agreed that the employee will become a part-time employee,
the number of hours and the pattern of hours that will be worked,
as set out in clause 28.4(b).
(h)
An employee who has worked on a full-time basis throughout the period
of casual employment has the right to elect to convert their contract of
employment to full-time employment and an employee who has worked
on a part-time basis throughout the period of casual employment has
the right to elect to convert their contract of employment to part-time
employment, working the same number of hours and times of work as
previously worked, unless other arrangements are agreed upon
between the Company and employee. Upon such agreement being
reached, the employee will convert to full-time or part-time employment.
Where, in accordance with clause 28.6(e) an employer refuses an
election to convert, the reasons for doing so must be fully stated to and
discussed with the employee concerned and a genuine attempt made to
reach agreement.
(i)
An irregular casual employee is one who has been engaged to
perform work on an occasional or non-systematic or irregular basis.
28.7
Ratio of casual employment
(a)
The Company acknowledges the interests of the Employees and the
Union in relation to the appropriate use of casual employment.
(b)
To this end the Company:
agrees to enter discussions on a State-by-State basis during the
life of this Agreement to reach a mutually acceptable ratio of
casual employees to the total number of directly hired employees
to be averaged over a 12 month period in order to take into
account seasonal fluctuations and peak periods in customer
volumes; and
agrees that these discussions will take place on a monthly basis
during the life of this Agreement through the local Yard
Committees in each State and Territory.
(c)
The parties to this Agreement agree that any yard agreement reached
during the life of this Agreement in relation to the ratio of casual
employment for that particular yard or depot shall form part of this
Agreement from the date of the yard agreement, and shall be taken to
be contained in this Agreement from that date as if it were incorporated
in the relevant StatefTerritory Appendix of this Agreement.
29. LABOUR HIRE
The parties agree that any person hired through a labour hire agency to perform
freight handling duties will be paid the same rate specified in the Agreement for the
relevant work performed, subject to the terms of Appendix F (Western Australia) to
this Agreement.
30. EXISTING STAR TRACK EXPRESS SUBCONTRACTORS
30.1
The Company is committed to ensuring that the employment of employees is
secure.
30.2
To this end, the Company agrees that any existing individual arrangements in
place with those individual subcontractors who have been engaged by the
Company prior to the approval of this Agreement by Fair Work Australia in
those States and Territories covered by this Agreement, and who utilise the
recipient created tax invoice ("RCTI") process of the Company, shall continue
to apply during the life of this Agreement. This provision is subject to any
mutually agreed variation between the individual subcontractor and the
Company.
30.3
To enhance the job security of employees, the Company agrees that any
subcontractor identified in the preceding clause to perform fleet duties will be
paid a total remuneration rate to reflect both their fixed operating costs and the
equivalent wage rate specified in this Agreement for the relevant classification
and type of work performed. The parties acknowledge that the fixed operating
costs will fluctuate from time to time and from subcontractor to subcontractor.
30.4
To enhance the job security of employees, the Company agrees to grant to the
subcontractors identified in the preceding clause an increase on their labour
component (which based on custom and practice has been applied over
preceding years to be approximately 55% of their 'rolled-up' hourly rate
inclusive of wages, superannuation, fixed operating costs and incorporation
costs such as workers' compensation insurance premiums, public liability
insurance premiums and accountancy fees) of 4.0% from the first full pay
period after 1 April 2011, a further compounding increase of 4.0% from the first
full pay period after 1 April 2012 and a further compounding increase of 4.0%
from the first full pay period after 1 April 2013.
30.5
The parties agree that the non-labour component (Le. the fixed component) for
existing subcontractors is to be discussed and agreed on a case-by-case
basis, to reflect local conditions and operating costs which will fluctuate from
time to time.
31. FLEET OUTSIDE HIRE AND CONTRACTORS
31.1
The Company will use all reasonable endeavours to ensure that outside hire
companies and contractors (excluding those existing Star Track Express
subcontractors covered by clause 30) utilised to perform fleet duties after the
approval of this Agreement by Fair Work Australia pay a labour component no
less than the applicable wage rate fixed by this Agreement for the relevant
work performed by them or their employees for or on behalf of Star Track
Express.
31.2
The parties agree that the non-labour component (Le. the fixed component) for
outside hire companies is to be discussed and agreed on a case-by-case
basis, to reflect local conditions and operating costs which will fluctuate from
time to time.
31.3
The parties also agree to have discussions during the life of this Agreement in
order to attempt to develop a workable formula to calculate the respective
labour and non-labour components in respect of outside hire companies and
their employees.
31.4
If the Company experiences problems with the implementation of this clause,
owing to a genuine emergency (as defined in this Agreement), Star Track
Express will discuss alternative arrangements with the relevant Branch
Secretary (or his/her nominee) of the TWU to ensure the business needs of
Star Track Express are met.
32. LlNEHAUL OPERATIONS
32.1
In respect of linehaul operators, the Company shall use all reasonable
endeavours to ensure that any driver who performs this work is remunerated
for his or her labour at a rate that is not less favourable than the remuneration
provided for in the RT LDG Award.
32.2
The Company agrees to be pro-active in monitoring compliance with linehaul
operations. To this end, the Company agrees that the relevant Yard
Committee may request access to Company records in respect of linehaul
compliance and the Company shall not unreasonably refuse any such request.
32.3
The parties agree that any reported non-compliance in respect of linehaul
operations will be managed pursuant to the Company's Chain of
Responsibility policies and procedures.
33. TERMINATION OF EMPLOYMENT
33.1
Requirement for notice of termination or payment in lieu
(a)
Employment for full-time and part-time employees may be terminated
only by written notice by the Company, given at any time, or by the
payment by the Company of pay in lieu of notice, according to the
following scale set out in the NES:
Not more than 1 year
At least 1 week
More than 1 but not more than 3
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 weeks'
(b)
An employee over 45 years of age who has completed at least two
years employment with the Company is entitled to receive an additional
one week's notice of termination, or pay in lieu thereof.
(c)
In accordance with the NES, the Company reserves the right to
terminate an employee's services without notice, or payment in lieu of
notice, for reasons including, but not limited to, dishonesty, neglect of
duty, or other serious misconduct.
(d)
Casual employees shall be employed on a daily basis and may be
terminated by the Company by one (1) hour's notice, or by payment of
one hour's wages in lieu of notice.
33.2
Notice of termination by an employee
The notice of termination required to be given by an employee is the same as
that required of the Company except that there is no requirement on the
employee to give additional notice based on the age of the employee
concerned. If an employee fails to give the required notice the Company may
withhold from any monies due to the employee on termination under this
Agreement or the NES, an amount not exceeding the amount the employee
would have been paid under this Agreement in respect of the period of notice
required by this clause less any period of notice actually given by the
employee.
33.3
Job search entitlement
Where the Company has given notice of termination to an employee, an
employee (other than a casual employee) must be allowed up to one day's
time off without loss of pay for the purpose of seeking other employment. The
time off is to be taken at times that are convenient to the employee after
consultation with the Company.
34. REDUNDANCY
34.1
Redundancy pay is provided for in the NES, except that the following amount
of severance pay will apply in lieu of the scale set out in section 119(2) of the
Act:
(a)
severance pay of 4 weeks for the first year of service; and
(b)
severance pay of 3 weeks for each year of service thereafter (or
pro-rata for part years of service)
paid at the employee's base rate of pay (as defined in the NES).
(c)
For avoidance of doubt, the employee's base rate of pay means the
relevant rate of pay prescribed by this Agreement for the employee's
ordinary hours of work exclusive of all penalty rates, loadings,
allowances, bonuses, commissions or incentives.
(d)
The maximum amount payable for the combined purposes of notice or
payment in lieu of notice (including notice worked) and severance pay
under this clause is capped at 52 weeks paid at the employee's base
rate of pay (as defined in the NES) at the time of the termination of
employment.
34.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of
redundancy, the same period of notice must be given as the employee would
have been entitled to if the employment had been terminated and the
Company may, at the Company's option, make payment instead of an amount
equal to the difference between the former ordinary time rate of pay and the
ordinary time rate of pay for the number of weeks of notice still owing.
34.3
Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is
entitled to receive the benefits and payments they would have received under
this clause had they remained in employment until the expiry of the notice, but
is not entitled to payment instead of notice.
34.4
Job search entitlement
(a)
An employee given notice of termination in circumstances of
redundancy must be allowed up to one day's time off without loss of
pay during each week of notice for the purpose of seeking other
employment.
(b)
If the employee has been allowed paid leave for more than one day
during the notice period for the purpose of seeking other employment,
the employee must, at the request of the Company, produce proof of
attendance at an interview or they will not be entitled to payment for the
time absent. For this purpose a statutory declaration is sufficient.
(c)
This entitlement applies instead of clause 33.3.
PART 4 -WAGES, ALLOWANCES AND RELATED MATTERS
35. WAGE INCREASES AND RATES OF PAY
35.1
Employees shall be paid the rates of pay set out in the following tables. The
Company agrees to grant to the employees an increase on their present base
wage in the following amounts:
an increase of 4% from the first full pay period on or after 1 April 2011;
a further compounding increase of 4% from the first full pay period on or
after 1 April 2012;
a further compounding increase of 4% from the first full pay period on or
after 1 April 2013.
35.2
These increases represent an increase to the employee's present wage rates,
which are already substantially above those required by the relevant minimum
rates of pay. These increases shall be subject to the following matters:
(a)
Any minimum rate of pay increases granted during the life of this
Agreement being absorbed within the proposed increases.
(b)
The Union and the employees not making or pursuing any extra wage
or other claims during the life of this Agreement.
(c)
The parties agreeing that during the life of this Agreement any
increases or allowances relating to technology, new work, work
conditions or work value will be absorbed within the proposed
increases.
35.3
The table of rates of pay for the duration of the Agreement are set out in the
relevant Appendix.
36. JUNIORS
36.1
The minimum rate to be paid to junior employees is as follows:
(a)
Under 19 years of age: 70% of the base wage payable under this
Agreement to an adult for the class of work performed in the area in
which it is performed.
(b)
19 years and under 20 years of age: 80% of the base wage payable
to an adult under this Agreement for the class of work performed in the
area in which it is performed.
(c)
20 years of age: the full rate payable to an adult employee under this
Agreement for the class of work performed in the area in which it is
performed.
36.2
Where a junior employee aged 18 years or more is required to drive a motor
vehicle and is in sole charge of that vehicle, the employee shall be paid the
adult rate applicable under this Agreement that is assigned to the class of
driving work that the employee is required to perform.
37. HIGHER DUTIES
Where an employee is required to perform two or more grades of work on anyone
day the employee is to be paid the minimum wage for the highest grade for the whole
day.
38. ALLOWANCES
Allowances rates are set out in the relevant Appendix of this Agreement. Allowances
rates under this Agreement are to be increased in line with any increases in relevant
allowances under the Award.
39. TRAVELLING ALLOWANCE
39.1
An employee engaged in ordinary travelling on duty, or on work on which the
employee is unable to return home at night shall be paid personal expenses
reasonably incurred in travelling, but shall be paid the sum as set out in the
relevant Appendix per day at least. Any increases in the minimum rates for
Travelling Allowances will also be passed on as and when they happen.
Provided that where an employee travels by boat or other conveyance in
which the ticket includes meals and bed, the employee shall not be entitled to
the said allowance.
39.2
An employee prevented from returning with the employee's turn-out to the
depot, yard or garage from which the employee started shall be paid any
travelling expenses required to be incurred and as if for time worked for the
time the employee reasonably takes to get home beyond the time it would
ordinarily have taken to get home from the depot, yard or garage.
40. ARTICLES OF CLOTHING
40.1
Where the Company requires an employee to wear any special clothing such
as any special uniform, cap, overall or other article, the Company must
reimburse the employee for the cost of purchasing such special clothing. The
provisions of this clause do not apply where the special clothing is provided for
by the Company.
40.2
Where an employee is required by the Company to work continuously in
conditions in which, because of their nature, the clothing would otherwise
become saturated, the Company must reimburse the employee for the cost of
purchasing protective clothing. The provisions of this clause do not apply
where the protective clothing is provided for by the Company.
40.3
Where an employee is employed as a greaser and cleaner, or is normally
required to service vehicles, the Company must reimburse the employee for
the cost of purchasing overalls. The provisions of this clause do not apply
where the overalls are provided by the Company.
40.4
Provided that this clause does not apply to employees who are required as an
adjunct to their normal duties to check such things as vehicles, oil, water and
tyres.
40.5
Provided further that such protective clothing shall remain the property of the
Company, and that the employee shall be liable for the cost of replacement of
any article of protective clothing which is lost, destroyed or damaged through
the negligence of the employee.
41. FIRST AID ALLOWANCE
An employee holding a current first aid qualification from St. John Ambulance or
similar body and appointed by the Company to perform first aid duty shall be paid an
amount per week for any week so appointed as set out in the relevant Appendix in
addition to wages. The Company will reimburse the cost of fees for any courses
necessary for any employee covered by this clause to obtain and maintain the
appropriate first aid qualification as current.
42. MEDICAL CHECKS
Where the Company requires employees to undertake medical checks during a term
of employment or requires persons seeking employment to undertake a medical
check as part of an interview process, the Company shall reimburse all medical costs
not recoverable from a Health Fund by the employee or persons seeking
employment.
43. ACCIDENT MAKE-UP PAYMENT
43.1
This clause shall apply to all employees covered by this Agreement, and it
shall apply only in respect of incapacity which results from an injury received
on or after the date of operation.
43.2
The circumstances under which an employee shall qualify for accident makeup
payment shall be as follows:
(a)
An employer shall pay an employee accident make-up payment where
the employee receives an injury for which weekly payment or
compensation is payable by or on behalf of the Company pursuant to
the provisions of the appropriate compensation legislation, as amended
from time to time.
(b)
Accident make-up payment means a weekly payment of an amount
being the difference between the weekly amount of compensation paid
to the employee pursuant to the appropriate compensation legislation
and the employee's appropriate weekly ordinary Agreement rate, or,
where the incapacity is for a lesser period than one week, the difference
between the amount of compensation and the Agreement rate for that
period.
(c)
The Company shall pay, or cause to be paid, accident make-up
payment during the incapacity of such employee within the meaning of
the appropriate legislation until the incapacity ceases or until the
expiration of a period of 26 weeks from the date of injury, whichever first
occurs.
(d)
The liability of the Company to pay accident make-up payment in
accordance with this clause shall arise as at the date of the injury or
accident in respect of which compensation is payable under the
appropriate legislation, and the termination of the employee's
employment for any reason during the period of any incapacity shall in
no way affect the liability of the Company to pay accident make-up
payment as provided in this clause.
(e)
In the event that the employee receives a lump sum in redemption of
weekly payments under the appropriate legislation, the liability of the
Company to pay accident make-up payment as provided in this clause
shall cease from the date of such redemption.
(f)
The Company may at any time apply to Fair Work Australia for
exemption from the terms of this clause on the grounds that an accident
make-up payment scheme proposed and implemented by the Company
contains provisions generally not less favourable to the Company's
employees than the provisions of the clause.
44. PAYMENT OF WAGES
44.1
All earnings, including overtime, shall be paid on a day to be fixed by the
Company, but not later than Thursday of each week. Once fixed, the day shall
not be altered more than once in three months.
44.2
All payments of wages to employees will be made by electronic funds transfer.
44.3
All earnings, including overtime, shall be paid within four business days of the
expiration of the week in which they accrue.
44.4
Notwithstanding anything contained in this clause, the Company shall pay to
an employee who leaves or is dismissed all moneys due to the employee
forthwith.
45. SUPERANNUATION
45.1
The Company will make compulsory superannuation contributions on behalf of
the employees covered by this Agreement. These contributions shall be at the
following rates in accordance with the conditions prescribed by the Road
Transport and Distribution Award 2010:
an increase from 9% to a total Company contribution of 10% from the
first full pay period on or after 1 April 2011;
a further compounding 1 % increase to a total Company contribution of
11 % from the first full pay period on or after 1 April 2012;
a further compounding 1% increase to a total Company contribution of
12% from the first full pay period on or after 1 April 2013.
45.2
Individual employees may have these contributions paid into an approved
superannuation fund of their choice insofar that legislation permits. However,
where any individual employee does not choose to have these contributions
paid into a fund of their own choice the TWU Superannuation Fund shall be
the default fund.
46. AVIATION AND MARITIME SECURITY IDENTIFICATION CARDS (ASIC/MSIC)
46.1
Where an employer directs an employee to obtain either an Aviation Security
Identification Card (ASIC) or a Maritime Security Identification Card (MSIC),
the cost to the employee of such a card shall be reimbursed to the employee
upon production of proof of expenditure.
46.2
The Company can direct an employee to obtain the ASIC/MSIC from a specific
provider and the employee shall comply with such a direction in a timely
manner.
46.3
The Company shall only be responsible for the reimbursement of the direct
and immediate costs associated with the ASIC/MSIC. The Company shall not
be responsible for the reimbursement of any additional costs.
46.4
The Company will not be responsible for the reimbursement of the cost of any
replacement card required to be obtained by the employee because the initial
card was lost, misplaced, or damaged as a result of an employee's
negligence.
46.5
If an employee terminates their employment during a probationary period not
exceeding 3 months, the Company may withhold from any outstanding
moneys due, including accrued leave entitlements, an amount no greater than
the costs reimbursed by the Company pursuant to clause 46.1.
46.6
If an employee terminates their employment with an employer within 12
months of the date of issue of an ASIC/MSIC, without giving the period of
notice required by clause 33.2 of this Agreement, the Company may withhold
from any outstanding moneys due, including accrued leave entitlements, an
amount no greater than the costs reimbursed by the Company pursuant to
clause 46.1.
46.7
If the Company meets the costs of the provision of the ASIC/MSIC directly
then the obligation to reimburse an employee prescribed by this clause does
not arise.
46.8
If the Company meets the costs of the ASIC/MSIC directly then the provisions
of clauses 46.5 and 46.6 will apply as if the Company had reimbursed the
costs referred to.
46.9
Should any issue arise concerning the operation of this clause, it shall be dealt
with by way of clause 16 -Settlement of Disputes.
PART 5 -HOURS OF WORK AND RELATED MATTERS
47. ORDINARY HOURS OF WORK
47.1
The ordinary hours of work shall be an average of 38 per week to be worked
on one of the following bases:
(a)
38 hours within a work cycle not exceeding seven consecutive days; or
(b)
76 hours within a work cycle not exceeding 14 consecutive days; or
(c)
114 hours within a work cycle not exceeding 21 consecutive days; or
(d)
152 hours within a work cycle not exceeding 28 consecutive days.
47.2
The ordinary hours of work may be worked on any day Monday to Friday. The
days on which ordinary hours are worked may include Saturday and Sunday
subject to agreement between the Company and the majority of employees
and, if the employee(s) require, the employee's representative. Agreement
may also be reached between the Company and an individual employee.
47.3
The ordinary hours of work shall not exceed eight hours per day and shall be
worked continuously (except for meal breaks) between the hours of 5.30 am
and 6.30 pm. The spread of ordinary hours may be altered in any depot, yard
or garage by one hour at each end by agreement between the Company and
the majority of employees concerned and, if the employee(s) require, the
employee's representative.
47.4
Ordinary hours of work may be worked in the following ways:
(a)
providing for a rostered day off:
(i)
by employees taking a rostered day off in accordance with the
roster implementing the work cycle in the depot, yard or garage;
(ii)
an employee's normal rostered day off may be changed by
agreement between the Company and employee and, if the
employee(s) require, the employee's representative. In the
absence of agreement, 48 hours' notice of such alteration shall be
given to the employee; or
(iii)
rostered days off may be accumulated to a maximum of ten days.
(b)
working ordinary hours over five days, Monday to Friday inclusive, of
not more than 7 hours 36 minutes continuously (except for meal
breaks):
(i)
where the Company either engages 20 employees or less or
operates 15 vehicles or less pursuant to the provisions of this
Agreement at a particular yard, depot or garage;
(ii)
where the Company has entered into arrangements with a client
for the provision of transport services on a permanent basis
extending over each of the five days of each week Monday to
Friday inclusive and where such arrangements would be
prejudiced by the requirement that rostered days off be taken on
any day or all such days of the week;
(iii)
where the operations being performed by the Company are such
that it is necessary for particular employees to work five days of
each week Monday to Friday inclusive and where such operations
would be prejudiced by the requirement that rostered days off be
taken on any or all of such days; or
(iv)
where written agreement has been reached between the
Company and the majority of employees. Provided that written
agreement must not be unreasonably withheld by the employees
and must not be unreasonably requested by the Company.
48. SHIFT WORK
48.1
Definitions
For the purposes of this clause:
(a)
afternoon shift means a shift finishing after 6.30 pm but not later than
12.30 am;
(b)
day shift means a shift which commences at 5.30 am or later, but
finishes at or before 6.30 pm;
(c)
night shift means a shift which finishes after 12.30 am and at or before
8.30 am;
(d)
shiftwork means work extending for at least two weeks and performed
either in daily recurrent periods, wholly or partly between the hours of
6.30 pm and 8.30 am or in regular rotating periods; and
(e)
rostered shift means a shift of which the employee concerned has had
at least 48 hours notice.
48.2
Shiftwork hours and shift rosters
(a)
The hours of work of employees on shiftwork must be an average of 38
per week. The ordinary hours of work must not exceed eight continuous
hours per day (inclusive of meal breaks) on one of the following bases:
(i)
38 hours within a work cycle not exceeding seven consecutive
days; or
(ii)
76 hours within a work cycle not exceeding 14 consecutive days;
or
(iii)
114 hours within a work cycle not exceeding 21 consecutive days;
or
(iv)
152 hours within a work cycle not exceeding 28 consecutive days.
(b)
There must be a shift roster which provides for rotation unless it is
agreed otherwise by the Company and majority of employees or the
Company and an individual employee. The shift roster must be posted
in a prominent place in the workplace.
(c)
Shift rosters must specify the commencing and finishing times of
ordinary hours of respective shifts and not be altered unless 48 hours
notice is given.
48.3
Shift allowances
For ordinary hours shiftworkers must be paid as follows:
Shift % of the ordinary time rate
Afternoon shift
117.5
Night shift
130
48.4 Shiftwork-casual employees
Casual employees engaged on shiftwork must be paid the casual loading
prescribed in the relevant Appendix in addition to the shift loading specified at
clause 48.3 above.
48.5 Shiftwork-overtime
For all time worked outside or in excess of the ordinary shift hours or on a
shift other than a rostered shift, shiftworkers will be paid at time and a half for
the first two hours and double time thereafter.
48.6
Transfer to existing shift rosters
Forty eight hours notice of any change of shift must be given to an employee,
in default of which overtime rates must be paid for work done outside the
ordinary shift hours within 48 hours of being notified of the change.
48.7
Transfer of day worker to or from shiftwork
Unless otherwise agreed between an employer and an employee, day workers
must be given at least 10 hours off duty immediately before commencing, or
after ceasing shiftwork, and may be transferred to or from shiftwork on 48
hours notice. In default of such notice an employee must be paid overtime
rates for all work done outside previous ordinary working hours within 48 hours
of being notified of the change.
48.8
Work on Saturday, Sunday or public holidays
(a)
Shiftworkers, for work on a rostered shift, the major portion of which is
performed on a Saturday, Sunday or public holiday will be paid as
follows:
Saturday-at the rate of time and a half;
Sunday-at the rate of double time; and
Public holidays-at the rate of double time and a half.
(b)
The penalty rates prescribed by this clause for work on a Saturday,
Sunday or public holiday will be payable instead of the shift allowance
prescribed in clause 48.3.
48.9 Meal breaks
All shiftworkers while working on day, afternoon or night shift will be entitled
to a paid meal break of 20 minutes. An employee must not be required to
work more than five hours without a meal break.
48.10 Rate for non continuous afternoon or night shift
Shiftworkers who work on any afternoon or night shift which does not
continue for at least five consecutive afternoons or nights must be paid at the
rate of time and a half for the first three hours and double time thereafter for
each shift.
48.11 Rate when shift extends beyond midnight
Notwithstanding anything contained in this clause, each shift must be paid for
at the
rate applicable to the day on which the major portion of the shift is
worked.
48.12 Holiday shifts
Where the major portion of a shift falls on the public holiday the whole of the
shift will be regarded as a public holiday shift.
49. START TIMES
49.1
A regular starting time for each employee is to be fixed by the Company.
Where the Company varies or changes the regular starting time of an
employee the Company must give one week's notice of such variation or
change to the employee concerned.
49.2
In addition to clause 49.1, the start time proviSions set out in the relevant
Appendix shall apply.
50. BREAKS
50.1
Regular meal break
(a)
An employee shall be allowed a regular meal break during the ordinary
hours of work except where unforeseen extraordinary circumstances
arise which make the allowance of the regular meal break
impracticable.
(b)
The meal break shall:
(i)
be of a regular duration of not more than one hour or less than
30 minutes;
(ii)
commence no earlier than three and a half hours and no later
than five and a half hours after an employee's fixed starting time
of the ordinary hours of work.
(c)
If the meal break is not allowed, all time worked after the
commencement time of the regular meal break until a break without pay
for a meal time is allowed shall be paid for at the rate of ordinary time,
the payment to be in addition to any payment due in respect of a weekly
or casual wage.
50.2
Overtime rest break
(a)
An employee required to work overtime for two hours or more after
working ordinary hours shall be allowed a paid break of 20 minutes
before commencing overtime work and thereafter upon completing
each four hour period until the overtime work is finished.
(b)
An employer 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.
50.3
Meal allowance
(a)
An employee required to work overtime for two continuous hours or
more must either be supplied with a meal by the Company or paid the
amount specified for a meal allowance in Appendix B for each meal
required to be taken.
(b)
An employee required to commence work two hours or more prior to
the normal starting time must be paid the amount specified for a meal
allowance in Appendix B. Any increases in the minimum rates for meal
allowance will be passed on as and when they happen.
50.4
Notwithstanding anything contained in this clause an employee shall not be
required or permitted to work longer than five and a half hours without a break
for a meal.
51. OVERTIME
51.1
Subject to the NES and clause 51.1(a), the Company may require an
employee to work reasonable overtime at overtime rates, including the working
of overtime on Saturday.
(a)
An employee may refuse to work overtime in circumstances where the
working of such overtime would result in the employee working hours
which are unreasonable having regard to:
(i)
any risk to employee health and safety;
(ii)
the employee's personal circumstances, including any family
responsibilities;
(iii)
the needs of the workplace or enterprise;
(iv)
the notice (if any) given by the Company of the overtime and by
the employee of his or her intention to refuse it; and
(v)
any other relevant matter.
51.2
For all work done outside ordinary hours the rate of pay shall be time and a
half for the first two (2) hours and double time thereafter, such double time to
continue until the completion of the overtime work.
51.3
In computing overtime each day's work shall stand alone.
51.4
Rest period after overtime
(a)
When overtime work is necessary it shall, wherever reasonably
practicable, be so arranged that employees have at least 10
consecutive hours off duty between the work of successive days.
(b)
An employee (other than a casual employee) who works so much
overtime between the termination of ordinary work on one day and the
commencement of ordinary work on the next day that the employee has
not at least 10 consecutive hours off duty between those times shall,
subject to this clause, be released after completion of the overtime until
the employee has had 10 consecutive hours off duty without loss of pay
for ordinary working time occurring during the absence.
(c)
If, on the instruction of the Company, an employee resumes or
continues work without having had 10 consecutive hours off duty the
employee shall be paid at double time rates until released from duty for
that period, and the employee shall then be entitled to be absent until
the employee has had 10 consecutive hours off duty without loss of pay
for ordinary working time occurring during such absence.
51.5
Call-back
(a)
An employee recalled to work overtime after leaving the workplace
(whether notified before or after leaving the workplace) shall be paid for
a minimum of four hours' work at the appropriate rate for the first recall,
and a minimum two hours for each subsequent recall provided that,
except in the case of unforeseen circumstances arising, the employee
shall not be required to work the full minimum hours if the job recalled to
perform is completed within a shorter period.
(b)
This clause shall not apply in cases where it is customary for an
employee to return to the workplace to perform a specific job outside
ordinary working hours or where the overtime is continuous (subject to
a reasonable meal break) with the completion or commencement of
ordinary working time.
(c)
Overtime worked in circumstances specified in this clause shall not be
regarded as overtime for the purposes of clause 51.4 where the actual
time worked is less than four hours on such recall or on each of such
recalls.
51.6
Standing by
Subject to any custom now prevailing under which an employee is required
regularly be available for a call-back, an employee required to be available for
work after ordinary hours shall, until released, be paid standing-by time at
ordinary rates from the time from which the employee is told to be available.
51.7
Transport of employees
When an employee, after having worked overtime, finishes work at a time
when reasonable means of transport are not available, the Company shall
reimburse the employee for the cost of obtaining transport home, or
alternatively provide the employee with a conveyance to the employee's
home, or pay the employee the current wage for the time reasonably occupied
in getting home.
51.8
Time off instead of payment for overtime
(a)
Despite clause 51.2 an employee may choose, with the consent of the
Company, to take time off instead of payment for overtime at a time or
times agreed with the Company. This agreement must be in writing.
The employee must take the time off within four weeks of working
overtime.
(b)
If an employee takes time off instead of payment for overtime then the
amount of time is taken to be equivalent to the pay the employee would
otherwise have received for working overtime.
(c)
If requested by an employee an employer must within one week of
receiving a request pay the employee for any overtime worked. The
employee must be paid at overtime rates.
52. PENAL TV RATES
52.1
Weekend work
(a)
For any ordinary time hours worked between midnight on Friday and
midnight on Saturday an employee must be paid at the rate of time and
a half for the first two hours and double time thereafter for all time
worked.
(b)
For any ordinary time hours worked between midnight on Saturday and
midnight Sunday an employee must be paid at the rate of double time.
(c)
An employee required to work on a Saturday or Sunday will be paid for
a minimum of four hours work.
(d)
All time worked on Sunday will stand alone.
52.2 Work on public holidays
(a)
If Christmas Day falls on a Saturday or Sunday and by force of the NES
another day is observed as a public holiday, a full-time or part-time
employee who is regularly rostered to work ordinary hours on a
Saturday or Sunday will be paid a loading of half a normal day's wage
for a full day's work in addition to the Saturday/Sunday rate for all
ordinary hours worked on 25 December with a minimum of four hours
pay. Such employee will also be entitled to the benefit of the substituted
public holiday.
(b)
An employee who, without the consent of the Company or without
reasonable cause, is absent from work on the day before or the day
after a public holiday is not entitled to any payment for such public
holiday.
(c)
For all time worked by a full-time or part-time employee on a public
holiday, payment must be made at the following rates:
(i) Good Friday and Christmas Day-double time;
(ii) any other public holiday-time and a half; and
(iii) in each case the minimum payment will be four hours.
(d)
Payment for work on a public holiday is in addition to any amount
payable in respect of the weekly wage.
(e)
Despite clause 52.2(c) an employee required to work on a public
holiday other than Good Friday and Christmas Day during hours which,
if the day were not a public holiday, would be outside the range of
ordinary working time, will be paid for such hours at double time and a
half instead of time and a half as otherwise provided in this clause.
Provided further that an employee is entitled to be paid treble time for
all overtime worked on Good Friday and Christmas Day.
(f)
For all time worked by a casual employee on public holidays, payment
will be made at the following rates:
(i) on Good Friday and the Christmas Day holiday-treble time;
(ii) on any other holiday-double time and a half.
(g)
The minimum payment will be four hours. The payment prescribed in
this subclause will be in addition to the casual loading in clause 28.5.
PART 6 -LEAVE AND PUBLIC HOLIDAYS
53. ANNUAL LEAVE
53.1
Annual leave is provided for in the NES. Annual leave does not apply to
casual employees.
(a)
For the purposes of the additional week of annual leave provided for in
the NES a shiftworker is a seven day shiftworker who is regularly
rostered to work on Sundays and public holidays.
(b)
In addition to the leave entitlement in Division 5 of the NES, where an
employee with twelve months' continuous service is engaged for part of
the twelve month period as a shiftworker, that employee must have their
annual leave increased by half a day for each month the employee is
continuously engaged as a seven day shiftworker.
53.2
During a period of annual leave an employee will receive a loading calculated
on the relevant wage rate in clause 35 of this Agreement. Annual leave
loading payment is payable on leave accrued and taken but it is not payable
on leave paid out on termination.
The loading is as follows:
(a)
Day work
Employees who would have worked on day work only had they not
been on leave-17.5% or the relevant weekend penalty rates,
whichever is the greater but not both.
(b)
Shiftwork
Employees who would have worked on shiftwork had they not been on
leave-a loading of 17.5% or the shift loading (including relevant
weekend penalty rates) whichever is the greater but not both.
53.3
Leave allowed before due date
By agreement between the Company and an employee a period of annual
leave may be taken in advance of the entitlement accruing. Provided that if
leave is taken in advance and the employment terminates before the
entitlement has accrued the Company may make a corresponding deduction
from any money due to the employee on termination of employment.
53.4
Excessive leave
If the Company has genuinely tried to reach agreement with an employee as
to the timing of taking annual leave, the Company can require the employee to
take annual leave by giving not less than four weeks notice of the time when
such leave is to be taken if:
(a)
at the time the direction is given, the employee has eight weeks or more
annual leave accrued; and
(b)
the amount of annual leave the employee is directed to take is less than
or equal to a quarter of the amount of leave accrued.
53.5
Annual close-down
The Company may close down the enterprise or part of the enterprise for the
purpose of allowing annual leave to all or the majority of the employees in the
enterprise or part concerned, provided that:
(a)
the Company gives not less than one month's notice of its intention to
do so;
(b)
an employee who has accrued sufficient leave to cover the period of the
close down, is allowed leave and also paid for that leave at the
appropriate wage;
(c)
an employee who has not accrued sufficient leave to cover part or all of
the close down, is allowed paid leave for the period for which they have
accrued sufficient leave and given unpaid leave for the remainder of the
close-down; and
(d)
any leave taken by an employee as a result of a close down pursuant to
this clause also counts as service by the employee with the Company.
53.6
Cashing out annual leave
An employee may, with the agreement of the Company, cash out his or her
paid annual leave, subject to the following conditions:
(a)
At least four weeks of accrued annual leave must remain for the
employee concerned following the cashing out; and
(b)
Each cashing out of a particular amount of annual leave must be by a
separate agreement in writing between the Company and the
employee; and
(c)
The employee must be paid at least the full amount that would have
been payable to the employee had the employee taken the leave that
the employee has foregone; and
(d)
Annual leave cannot be cashed out in advance of it being credited to
the employee.
54. PERSONAL/CARER'S LEAVE AND COMPASSIONATE LEAVE
54.1
Personal/carer's leave and compassionate leave are provided for in the NES.
54.2
Notice requirements
In accordance with the NES, an employee must give the Company notice of
the taking of personal/carer's leave by the employee. The notice:
(a)
must be given to the Company as soon as practicable (which may be a
time after the leave has started); and
(b)
must advise the Company of the period, or expected period, of the
leave.
54.3 Evidence requirements
(a)
When taking personal/carer's leave, an employee shall prove by
providing a medical certificate or statutory declaration that the
employee was unable on account of personal illness or injury to attend
for duty on the day or days for which personal/carer's leave is claimed.
(b)
An employee shall not be entitled to single days of paid personal/carer's
leave by reason of personal illness or injury on more than two (2)
occasions in anyone (1) year of service unless the employee produces
to the Company a medical certificate or if that is not reasonably
practicable a statutory declaration to the effect that the employee is
unfit for duty on account of personal illness or injury.
(c)
When taking personal/carer's leave to care for members of their
immediate family or household who are sick and require care and
support, the employee must, if required by the Company, establish by
production of a medical certificate or statutory declaration, the illness of
the person concerned and that such illness requires care by the
employee.
(d)
When taking personal/carer's leave to care for members of their
immediate family or household who require care due to an unexpected
emergency, the employee must, if required by the Company, establish
by production of a medical certificate or statutory declaration, the nature
of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
55. COMMUNITY SERVICE LEAVE
Community service leave is provided for in the NES.
56. PARENTAL LEAVE
Parental leave is provided for in the NES.
57. PUBLIC HOLIDAYS
57.1
Public holidays are provided for in the NES. These provisions are in addition
to those provided for in the NES.
57.2
Substitution of certain public holidays by agreement at the enterprise
(a)
An employer and their employees may agree to substitute another day
for any prescribed in the NES. For this purpose, the consent of the
majority of affected employees will constitute agreement.
(b)
An agreement pursuant to clause 57.2 must be recorded in writing and
be available to every affected employee.
58. LONG SERVICE LEAVE
Long service leave is provided for in the relevant Long Service Leave legislation
applying in each State and Territory, together with the provisions of the relevant
Appendix of this Agreement.
59. SIGNATURES
The undersigned parties approve the terms contained in this Agreement and agree
that it gives effect to the agreement reached between them.
Executed as an Agreement:
SIGNED BY STAR TRACK EXPRESS PTY LIMITED (ABN 44 001 227 890)
pursuant to section 127(1) of the Corporations Act 2001:
Signatory Name: Stephen Cleary
Signatory Address: 1 Merriwa Street, Gordon NSW 2072
SIGNED BY THE TRANSPORT WORKERS UNION OF AUSTRALIA on behalf of the employees
Signatory Name: Tony Sheldon
Signatory Address: 388-390 Sussex Street, Sydney NSW 2000