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STAR TRACK EXPRESS AGREEMENT 2011-2014

Index to Star Track Agreement


APPENDIX A -CLASSIFICATIONS AND GRADINGS

Grade - Classification

1
General hand: greaser and cleaner, yard person, vehicle washer and detailer, motor driver's assistant/furniture removers' assistant
Loader -other than freight forwarder
Courier -foot or bicycle

2
Loader -freight forwarder
Tow motor driver
Driver of a rigid vehicle (including a motor cycle) not exceeding 4.5 tonnes gross vehicle mass (GVM)

3
Driver of a fork-lift up to and including 5 tonnes lifting capacity
Driver of a two-axle rigid vehicle on any other rigid vehicle exceeding 4.5 tonnes, but not exceeding 13.9 tonnes GVM unless by special permit or registration such vehicle may be up to 15 tonnes GVM
Driver of a concrete mixer up to and including 2 cubic metre bowl
Distribution facility employee level 1

4
Driver of a three-axle rigid vehicle exceeding 13.9 tonnes GVM
Driver oil tractor
Radio operator
Driver of fork-lift with a lifting capacity in excess of 5 tonnes and up to and including 10 tonnes lifting capacity
Weighbridge attendant
Driver of a straddle truck
Driver of a concrete mixer over 2 cubic metre bowl and up to 4.9 cubic metre bowl
Crane chaser I dogger
Distribution facility employee level 2

5
Driver of a fork-lift with a lifting capacity in excess of 10 tonnes and up to 34 tonnes
Driver of a rigid vehicle with four or more axles and a GVM exceeding 13.9 tonnes
Driver of a rigid vehicle and heavy trailer combination with 3 axles and a gross combination mass (GeM) of 22.4 tonnes or less Driver of an articulated vehicle with 3 axles and a GeM of 22.4 tonnes or less
Driver a concrete mixer with 5 cubic metre bowl and over

6
Driver of a rigid vehicle and a heavy trailer combination with more than 3 axles and a GeM greater than 22.4 tonnes
Driver of a mobile crane lifting up to and including 25 tonnes
Driver of an articulated vehicle with more than 3 axles and a GeM greater than 22.4 tonnes
Driver of a low loader with a GeM up to and including 43 tonnes
Driver of a fork-lift with a lifting capacity over 34 tonnes
Transport Rigger

7
Driver of a double articulated vehicle up to and including 53.4 tonnes GeM including 8-Doubles
Driver of a low loader (as defined) with a GeM exceeding 43 tonnes
When driving a low loader for each additional complete tonne over 43 tonnes GeM an extra $0.95 (as part of the weekly rate for all purposes) shall be payable
Provided that no load shall exceed the limit prescribed by or under any State or Territory Act
Distribution facility employee level 3

8
Driver of a mobile crane with a lifting capacity in excess 25 tonnes and up to 50 tonnes
Driver of a rigid vehicle and trailer(s) or double articulated vehicle exceeding 53.4 tonnes GeM including 8-Doubles
Driver of multi-axle platform trailing equipment with a carrying capacity up to and including 70 tonnes capacity

9
Driver of a mobile crane with a lifting capacity in excess 50 tonnes
Driver of a gantry crane
Driver of a rigid vehicle with trailer combinations or articulated vehicle with trailer combinations exceeding 94 tonnes GeM
Distribution facility employee level 4

10
Driver of a multi-axle platform trailing equipment with a carrying capacity in excess of 70 tonnes and up to and including 100 tonnes or each additional 10 tonnes or part thereof in excess of 100 tonnes an extra 2.18% of the standard rate (as part of the weekly wage rate for all purposes) up to 150 tonnes shall be payable
For each additional 10 tonnes or part thereof in excess of 150 tonnes an extra 2.09% of the standard rate (as part of the weekly wage rate for all purposes) up to 200 tonnes shall be payable
For work performed in excess of 200 tonnes and up to 300 tonnes an additional payment of 2.04% of the standard rate day (as part of the weekly wage rate for all purposes) to be added to the 200 tonnes rate

APPENDIX B

1. SUPPORTED WAGE SYSTEM

1.1 This appendix defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Agreement.

1.2 In this appendix:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme

relevant wage means the minimum wage prescribed in this Agreement for the class of work for which an employee is engaged

supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au

SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate

1.3 Eligibility criteria

1.3.1 Employees covered by this appendix will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

1.3.2 This appendix does not apply to any existing employee who has a claim against the Company which is subject to the provisions of workers' compensation legislation or any provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their employment.

1.4 Supported wage rates

1.4.1 Employees to whom this appendix applies shall be paid the applicable percentage of the relevant rate of pay prescribed by this Agreement according to the following schedule:

Assessed Capacity Prescribed Agreement Rate 

	% 	% 

	10 	10 
	20 	20 
	30 	30 
	40 	40 
	50 	50 
	60 	60 
	70 	70 
	80 	80 
	90 	90 
1.4.2 Provided that the minimum amount payable shall be not less than $73 per week.

1.4.3 Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

1.5 Assessment of capacity

1.5.1 For the purpose of establishing the percentage of the Agreement rate, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the Company and the employee and, if the employee so desires, a union which the employee is eligible to join.

1.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the Company as a time and wages record in accordance with the Act.

1.6 Lodgment of SWS wage assessment agreement

1.6.1 All SWS wage assessment agreements under the conditions of this appendix, including the appropriate percentage of the relevant wage to be paid to the employee, shall be lodged by the Company with Fair Work Australia.

1.6.2 All SWS wage assessment agreements shall be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the Agreement is not a party to the assessment, the assessment will be referred by Fair Work Australia to the union by certified mail and the agreement will take effect unless an objection is notified to Fair Work Australia within 10 working days.

1.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the supported wage system.

1.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the relevant wage rate only. Employees covered by the provisions of the appendix will be entitled to the same terms and conditions of employment as other employees covered by this Agreement paid on a pro rata basis.

1.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this appendix shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.

1.10 Trial period
1.10.1 In order for an adequate assessment of the employee's capacity to be made, the Company may employ a person under the provisions of this appendix for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

1.10.2 During that trial period the assessment of capacity shall be undertaken and the percentage of the relevant wage rate for a continuing employment relationship shall be determined.

1.10.3 The minimum amount payable to the employee during the trial period shall be no less than $73 per week.

1.10.4Work trials should include induction or training as appropriate to the job being trialled.

1.10.5Where the Company and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under clause 1.5 of this appendix.

APPENDIX C -VICTORIA/TASMANIA

1.1 Application of this Appendix

1.1.1 This appendix sets out terms and conditions which apply only to those employees covered by this Agreement who are employed in the States of Victoria and Tasmania.

1.1.2 In the event of any inconsistency between this appendix and the terms of the main body of the Agreement set out above, the terms of this appendix shall prevail to the extent of the inconsistency.

1.2 Wage rates and casual loading

1.2.1 Casual employees shall receive a casual loading of 25 per cent:

1.2.2 Employees shall receive the following rates of pay for the duration of this Agreement:

FULL TIME EMPLOYEES (38 HOURS PER WEEK)
	Current
GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
2  	$770.72512  $801.55412  $833.61628  $866.96093
3  	$786.25038  $817.70040  $850.40842  $884.42476
4  	$809.43038  $841.80760  $875.47990  $910.49910
5  	$840.28269  $873.89400  $908.84976  $945.20375
7  	$855.77135  $890.00220  $925.60229  $962.62638

CASUAL EMPLOYEES (HOURLY RATE inclusive of casual loading)
	Current
GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
2 	$25.35280   $26.26691   $27.42159   $28.51845 
3       $25.86350   $26.89804   $27.97396   $29.09292
4       $26.62600   $27.69104   $28.79868   $29.95063
6       $27.64080   $28.74651   $29.89637   $31.09223
7       $28.15040   $29.27639   $30.44744   $31.66534 

1.2.3 The provisions set out in Appendix B dealing with the supported wages system shall apply.

1.2.4 For those employees who are required to drive two-axle rigid vehicles exceeding 13.9 tonnes gross vehicle mass (GVM) and 6.1 metres in length, they shall be paid at Grade 4 rates. Any future vehicles purchased with specifications that fall within this category will be offered to drivers in order of seniority within the Bulk Fleet.

1.2.5 All ROO Drivers will be paid at the level of Grade 4.

1.2.6 All Driver Trainers will be paid at least at the level of Grade 4 and those who are in possession of a valid Heavy Combination Licence will be paid at the level of Grade 6.

1.2.7 All Dock Clerks will be paid at the level of Grade 4.

1.2.8 Casual employees are paid a minimum of 4 hours per day. PM Shift Casuals are paid on an ordinary 'spread of hours' basis and as such shift penalties do not apply.

1.2.9 All casual employee superannuation payments include overtime hours worked up to 7.6 hours per day due to them being paid the spread of hours in lieu of shift penalties.

1.3 Team Leaders

1.3.1 Those who perform a Team Leader function will receive a Team Leader allowance as set out in this Appendix. This allowance will also be paid pro-rata to any employee acting as a Team Leader in times of absenteeism.

1.3.2 Team Leaders will be appointed by the Branch Manager upon recommendation by the Operations Manager and are responsible for the orderly and efficient operation of their team. They will assist managers in the induction training, conduct team meetings and provide feedback to Teams regarding the achievement of key objectives. They are responsible for maintaining standards and leading their teams to achieve company objectives. Team Leaders are not expected to appraise or counsel employees.

1.3.3 Where a Team Leader is called upon to perform managerial duties of a manager who is absent from work on leave, the Team Leader will be paid an allowance of $208.00 per week or $41.60 per day. This allowance will be increased during the life of this Agreement in line with the wage increases set out in clause 34.

1.3.4 The Team Leader allowance set out in this Appendix will be increased during the life of this Agreement in line with the wage increases set out in clause 35.

1.4 Allowances

1.4.1 Employees shall receive the following allowances under this Agreement:

Brief Description 					Amount $ 
Team Leader 					$116.99 per week 
Travel Allowance Clause 39			$ 30.33 per day
First Aid Allowance Clause 41 			$ 10.37 per week 
Meal Allowance Clause 50 			$ 13.52 
Permanent employee 
Meal Allowance Clause 50 			$ 13.52 
Casual employee 
1.4.2 With the exception of the Team Leader allowance, any increases in the minimum Award rates for the allowances set out above will be passed on as and when they happen.

1.5 Rostered days off
Where an employee decides to have rostered days off paid out, they will be paid out at 1.5 times the relevant ordinary time hourly rate, and the ROO accruals will be reduced accordingly. Payout will occur in the next available pay week.

1.6 Long service leave

1.6.1 It has been agreed by the parties that pro-rata entitlement will apply to employees after seven (7) years' continuous employment, not ten (10) years. This means that pro-rata Long Service Leave will be paid on termination after seven (7) years' continuous service.

1.6.2 All other Long Service Leave entitlements remain as per the relevant Long Service Leave legislation applying in the States of Victoria and Tasmania as amended from time to time.

1.7 Ratio of casual employment

1.7.1 Further to clause 28.7 of the Agreement, it is agreed that the current ratio of casual employees to the total number of directly hired employees in Victoria and Tasmania is 3:1.

1.7.2 In accordance with clause 28.7 of the Agreement, this 3:1 ratio will be discussed and may be varied by local agreement at the relevant Yard Committee meetings during the life of this Agreement.

1.8 TWU delegates' training leave
TWU delegate representatives in Victoria and Tasmania are entitled to take a maximum amount of 65 days delegates' leave per annum in accordance with clause 23 of this Agreement.

APPENDIX D -QUEENSLAND

1.1 Application of this Appendix

1.1.1 This appendix sets out terms and conditions which apply only to those employees covered by this Agreement who are employed in the State of Queensland.

1.1.2 In the event of any inconsistency between this appendix and the terms of the main body of the Agreement set out above, the terms of this appendix shall prevail to the extent of the inconsistency.

1.2 Definitions
The following definition applies:

  • Team Captain means an employee who, in addition to any other duties, is required to direct the work and/or conduct, during working hours, of a small group of other employees with adjoining work areas;
  • Leading Hand means Team Leader as defined in this Agreement.

    1.3 Wage rates and casual loading

    1.3.1 Casual employees shall receive a casual loading of 25 per cent.

    1.3.2 Employees shall receive the following rates of pay for the duration of this Agreement:

    FULL TIME EMPLOYEES (38 HOURS PER WEEK)
    	Current
    GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
    2 	$770.72512  $801.55412  $833.61628  $866.96093 
    3 	$786.25038  $817.70040  $850.40842  $884.42476 
    4 	$809.43038  $841.80760  $875.47990  $910.49910 
    6 	$840.28269  $873.89400  $908.84976  $945.20375 
    7 	$855.77135  $890.00220  $925.60229  $962.62638 
    
    CASUAL EMPLOYEES (HOURLY RATE inclusive of casual loading)
    	Current
    GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
    2 	$25.35280   $26.36691   $27.42159  $28.51845 
    3 	$25.86350   $26.89804   $27.97396  $29.09292 
    4 	$26.62600   $27.69104   $28.798681 $29.95063
    6 	$27.64080   $28.74651   $29.89637  $31.09223 
    7 	$28.15040   $29.27638   $30.44744  $31.66534 
    

    1.3.3 The provisions set out in Appendix B dealing with the supported wages system shall apply.

    1.4 Allowances

    1.4.1 Employees shall receive the following allowances under this Agreement:

    
    Brief Description 					Amount $
    Leading HandlTeam Leader 				$116.99 per week 
    Team Captain 						$ 58.49 per week 
    Travelling Allowance Clause 39 				$ 30.33 per day 
    First Aid Allowance Clause 41 				$ 10.37 per week 
    Meal Allowance Clause 50				$ 13.52
    Permanent employee 
    Meal Allowance Clause 50 				$ 13.52
    Casual employee 
    

    1.4.2 With the exception of the Leading HandlTeam Leader allowance and Team Captain allowance, any increases in the minimum Award rates for the allowances set out above will be passed on as and when they happen.

    1.4.3 Leading HandslTeam Leaders will be paid an allowance per week as set out in the table above.

    1.4.4 Team Captains will be paid a Team Captain allowance per week as set out in the table above.

    1.4.5 Both Leading HandslTeam Leaders and Team Captains will be appointed by the Branch Manager upon recommendation by the Operations Manager and are responsible for the orderly and efficient operation of their team. They will assist managers in the induction training, conduct team meetings and provide feedback to Teams regarding the achievement of key objectives. They are responsible for maintaining standards and leading their teams to achieve company objectives. Leading HandslTeam Leaders and Team Captains are not expected to appraise or counsel employees.

    1.4.6 An employee whose principal location of employment is the Mackay Branch of the Company is entitled to payment of a district allowance in the amount set out in this Appendix.

    1.4.7 The Leading HandlTeam Leader allowance set out in this Appendix will be increased during the life of this Agreement in line with the wage increases set out in clause 35.

    1.5 Rostered days off

    1.5.1 The parties agree that where applicable ROO's taken by the Employees will be taken on a flexible roster system as approved by the Branch/Operations Manager or Supervisor.

    1.5.2 The parties agree that the current practices relating to the taking of ROOs where applicable will remain unchanged during the life of this Agreement.

    1.5.3 Notwithstanding the provisions of clause 51 -Overtime of this Agreement, in the event that an ROO has been approved and rostered but the Company requests the employee to attend work, the parties agree that such work performed on this particular day will be paid at the rate of time and one half for hours usually paid at normal rates. After this period the next two hours worked will be paid at the rate of time and a half and any time thereafter will be paid at the rate of double time.

    1.6 Long service leave

    1.6.1 It has been agreed by the parties that pro-rata entitlement will apply to employees after seven (7) years' continuous employment not ten (10) years. This means that pro-rata Long Service Leave will be paid on termination after seven (7) years' continuous service.

    1.6.2 Notwithstanding the above, if the employee is terminated for serious misconduct after seven (7) years and before ten (10) years continuous service, the decision to pay the employee's pro-rata entitlement is at the Company's discretion.

    1.6.3 All other Long Service Leave entitlements remain as per the relevant Long Service Leave legislation applying in the State of Queensland as amended from time to time, with the exception of the above.

    1.6.4 Long service leave entitlements may be paid out by written agreement of the Company and an individual employee. Long service leave cannot be cashed out in advance of it being credited to the employee. Cashed out long service leave will be paid at the rate of pay that the employee receives at the time when the election is made.

    1.7 Protection of entitlements The Company will provide an auditors report every six (6) months to certify that the company's financial situation is adequate to meet its obligation regarding employee entitlements. The auditors report will verify:

    1.7.1 Net tangible assets as a multiple of accrued entitlements including notional redundancy provisions.

    1.7.2 Profit before tax exceeds accrued entitlements including notional redundancy provisions.

    1.7.3 The financial position of the company to meet its obligations.

    1.7.4 The completed auditors report will be posted onto a noticeboard every six (6) months, directly after the audit is completed.

    1.7.5 Leave is reserved to discuss alternative arrangements during the life of this Agreement with the consent of both parties.

    1.8 Security of employment

    1.8.1 The Company acknowledges the interests of the Employees and the Union in ensuring that the employment of the employees is secure and that employees' terms and conditions of employment are maintained and, over time, improved.

    1.8.2 To this end the Company:

  • agrees to take all reasonable steps to ensure the security of employment of the employees, and
  • is committed to the retention and, over time, improvement of employees' terms and conditions of employment.

    1.9 Ratio of casual employment

    1.9.1 Further to clause 28.7 of the Agreement, it is agreed that the current ratio of casual employees to the total number of directly hired employees in Queensland is 3:1

    1.9.2 In accordance with clause 28.7 of the Agreement, this 3:1 ratio will be discussed and may be varied by local agreement at the relevant Yard Committee meetings during the life of this Agreement.

    1.10 TWU delegates' training leave
    TWU delegate representatives in Queensland are entitled to take a maximum amount of 70 days delegates' leave per annum in accordance with clause 23 of this Agreement.

    1.11 Mackay Branch district allowance
    An employee working in the Mackay branch shall be entitled to payment of a district allowance per week (inclusive of superannuation in accordance with the relevant federal legislation) in accordance with the following tables: From first full pay period From first full pay period From first full pay period on or after 1 April 2011 on or after 1 April 2012 on or after 1 April 2013 $40.00 per week $45.00 per week $50.00 per week From first full pay period From first full pay period From first full pay period on or after 1 April 2011 on or after 1 April 2012 on or after 1 April 2013 $1.05 per hour (up to and $1.18 per hour (up to and $1.32 per hour (up to and including 38 hours per including 38 hours per including 38 hours per week) week) week)

    APPENDIX E -SOUTH AUSTRALIA/NORTHERN TERRITORY

    1.1 Application of this Appendix

    1.1.1 This appendix sets out terms and conditions which apply only to those employees covered by this Agreement who are employed in the State of South Australia and the Northern Territory.

    1.1.2 In the event of any inconsistency between this appendix and the terms of the main body of the Agreement set out above, the terms of this appendix shall prevail to the extent of the inconsistency.

    1.2 Wage rates and casual loading

    1.2.1 Casual employees shall receive a casual loading of 25 per cent.

    1.2.2 Employees shall receive the following rates of pay for the duration of this Agreement:

    FULL TIME EMPLOYEES (38 HOURS PER WEEK)
    	Current
    GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
    2 	$759.62190  $790.00678  $821.60705  $854.47133 
    3	$774.94154  $805.93920  $838.17677  $871.70384 
    4	$797.78346  $829.69480  $862.88259  $897.39789 
    6 	$828.17192  $861.29880  $895.75075  $931.58078 
    
    CASUAL EMPLOYEES (HOURLY RATE inclusive of casual loading)
    	Current
    GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
    2	$24.98756   $25.98706   $27.02655   $28.10761
    3	$25.49145   $26.51116   $27.57160   $28.67447 
    4	$26.24278   $27.29259   $28.38430   $29.51967 
    

    1.2.3 The provisions set out in Appendix B dealing with the supported wages system shall apply.

    1.3 Allowances

    1.3.1 Employees shall receive the following allowances under this Agreement:

    Brief Description 				Amount $ 
    Team leader					$100.00 per week
    Travelling Allowance Clause 39			$ 30.33 per day
    First Aid Allowance Clause 41 			$ 10.37 per week
    Meal Allowance Clause 50 Permanent employee 	$ 13.52
    Meal Allowance Clause 50 Casual employee 	$ 13.52
    Driver Trainer 					$ 30.00 per day
    Relief Driver 					Grade 6 rate of pay 
    

    1.3.2 With the exception of the Team Leader allowance, any increases in the minimum Award rates for the allowances set out above will be passed on as and when they happen.

    1.3.3 Those who perform a Team Leader function will receive a Team Leader allowance as set out in the table above. An allowance of $30 per day is to be paid pro-rata to any employee acting as a Team Leader in times of absenteeism.

    1.3.4 Team Leaders will be appointed by the Branch Manager upon recommendation by the Operations Manager and are responsible for the orderly and efficient operation of their team. They will assist managers in the induction training, conduct team meetings and provide feedback to Teams regarding the achievement of key objectives. They are responsible for maintaining standards and leading their teams to achieve company objectives. Team Leaders are not expected to appraise or counsel employees.

    1.4 Start Times

    1.4.1 It is recognised that in line with business needs, split shifting of casual employees will be required on a daily basis.

    1.4.2 Both parties agree to consider split shifting for casual and permanent part time employees during productivity and flexibility discussions. This does not preclude employees already working permanent full time positions in the freight handling division.

    1.5 Security of employment

    1.5.1 The Company acknowledges the interests of the Employees and the Union in ensuring that the employment of the employees is secure and that employees' terms and conditions of employment are maintained and, over time, improved.

    1.5.2 To this end the Company:

  • Agrees to take all reasonable steps to ensure the security of employment of the employees, and
  • s committed to the retention and, over time, improvement of employees' terms and conditions of employment.

    1.6 Income protection

    1.6.1 The Company shall ensure that all its employees shall be covered by a Sickness and Accident Income Protection Plan ("the Plan"), as agreed by the parties. The Company shall make contributions on behalf of its employees in the amount specified by the Plan (which shall not exceed 1.6% of the employee's gross remuneration).

    1.6.2 Notwithstanding clause 1.6.1 above, employees who are eligible to be covered by the plan may elect as a branch by majority agreements to receive the benefits of the plan. After majority agreement to implement the plan, employees will contribute the amount specified in clause 1.6.1.

    1.6.3 Income Protection will only apply to employees paid directly by Star Track Express and will not apply to employees of labour hire agencies and/or contractors.

    1.6.4 Summary of the income protection insurance is outlined as follows:

    1.6.4.1 Star Track Express Pty Limited in South Australia & the Northern Territory has agreed to process Sickness and Accident Insurance as detailed in this appendix, on behalf of the employees. The insurance will be underwritten by an underwriter approved by a majority of employees. The Company reserves the right to choose a different Insurance Company if required. The following is a summary of the terms and conditions of the insurance.

    Employee is 	24 hours per day /7 days per week, including during any 
    Covered: 	journey to and from work. 
    
    Benefit: 	90% of income -as defined or $1,500 per week whichever 
    		is lesser. 
    		(Including overtime, allowances, travel allowance, tea 
    		moneys and shift loading) 
    		(Based on the income the previous twelve months or for 
    		the period employed if less than twelve months) 
    Cover: 		Benefits specified below will be paid if an Insured Person 
    		suffers Injury or Sickness (as applicable) during the 
    		Policy Period. The terms "injury 
    		and "sickness" are defined in the policy. 
    
    Benefits and 	CAPITAL BENEFIT (resulting from injury only) 
    Compensation: 	Permanent total loss of sight or limb at $37,500 to 
    		death at $75,000 WEEKLY INJURY OR SICKNESS BENEFIT 
    		Temporary Total Disablement -90% of income 
    		Temporary Partial Disablement -Difference 
    		between the income received and the benefits 
    		INJURY ASSISTANCE BENEFIT 
    		Cost of Domestic Help or Domestic Assistance 
    		-up to $200 per week for a maximum of 1 04 weeks 
    		ADDITIONAL BENEFITS include rehabilitation assistance 
    Weekly Benefit  Insured persons aged less than 60 years -104 weeks    
    Period:         Insured person aged 60 to 65 years -52 weeks          
                    Person aged over 65 years -No Cover                   
    
    Elimination     7 days (i.e The benefit is payable from the 8th day after
    Period:         receiving medical treatment)                           
                    28 days -In respect of injury sustained whilst playing 
    		any code of foot
    
    Territorial Limits: WorldWide 
    
    Policy 		This policy shall not apply to any Event directly caused 
    Exclusions: 	by or resulting from: 
    	1) War, hostilities, warlike operations, invasion, civil war, riot, 
    	rebellion, insurrection, revolution, overthrow of government, 
    	military power, explosion of war weapons, utilization of chemical, 
    	biological and nuclear weapons, terrorist activity 
    	2) Person injured being a pilot or crew member of any aircraft 
    	or engaging in any aerial activity except as a passenger in 
    	any properly licensed aircraft. 
    	3) Deliberately self-inflicted injury 
    	4) Sickness arising out of pregnancy, childbirth or miscarriage for 
    	the first calendar year from the date of commencement of the 
    	medical treatment by a legally qualified medical person 
    	5) Sexually transmitted disease, AIDS or HIV 
    	6) Resulting from any pre-existing sickness or injury 
    	7) Insured person being under the influence of intoxicating 
    	liquor or having a blood alcohol content over the prescribed legal 
    	limit or being under the influence drugs, when driving or operating 
    	any motor vehicle. 
    	8) Neurosis, psychoneurosis, psychosis, mental, emotional, 
    	depression, stress, or anxiety, disease or disorder 
    	9) Insured person being a motor cycle rider unlicensed, learner or 
    	probationary. A rider whilst the motor cycle is being ridden on 
    	other than bitumen or concrete. A rider of any motor cycle on a 
    	race track 
    	10) Resulting from ionising radiation or contamination by 
    	radioactivity from any nuclear fuel or from any nuclear waste 
    	from the combustion of nuclear fuel. The radioactive, toxic, 
    	explosive or other hazardous properties of any explosive 
    	nuclear assembly or nuclear component thereof 
    	In addition to the above Exclusions, other Provisions and 
    	Conditions in the policy affected the cover provided. 
    
    Aggregate Limit	a) $5,000,000 (except as provided under (b)) 
    of Liability 	b) $5,000,000 (relating directly to air travel in aircraft 
    		whose flights 
    		are not conducted in accordance with fixed schedules to and from 
    		fixed terminals over established-routes) 
    

    1.6.4.2 The summary of income protection insurance outlined in this Agreement must be read in conjunction with the full terms and conditions of the Group Personal Injury & Sickness Insurance provided by the insurer. A member insurance manual will be distributed to every current employee and consequence employees who join the Company. This will entail a full copy of the policy wording together with the claims procedure.

    1.7 Ratio of casual employment

    1.7.1 Further to clause 28.7 of the Agreement, it is agreed that the current ratio of casual employees to the total number of directly hired employees in South Australia and the Northern Territory is 2.5:1.

    1.7.2 In accordance with clause 28.7 of the Agreement, this 2.5:1 ratio will be discussed and may be varied by local agreement at the relevant Yard Committee meetings during the life of this Agreement.

    1.8 TWU delegates' training leave
    TWU delegate representatives in South Australia and the Northern Territory are entitled to take a maximum amount of 35 days delegates' leave per annum in accordance with clause 23 of this Agreement.

    APPENDIX F -WESTERN AUSTRALIA

    1.1 Application of this Appendix

    1.1.1 This appendix sets out terms and conditions which apply only to those employees covered by this Agreement who are employed in the State of Western Australia.

    1.1.2 In the event of any inconsistency between this appendix and the terms of the main body of the Agreement set out above, the terms of this appendix shall prevail to the extent of the inconsistency.

    1.2 Wage rates and casual loading

    1.2.1 Casual employees shall receive a casual loading of 22.5 per cent in recognition that employees in Western Australia receive an additional district allowance.

    1.2.2 Employees shall receive the following rates of pay for the duration of this Agreement:

    FULL TIME EMPLOYEES (38 HOURS PER WEEK)
    	Current
    GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
    2	$770.72731  $801.55640  $833.61866  $866.96341
    3	$786.27327  $817.72420  $850.43317  $884.45050 
    4	$809.42288  $841.79980  $875.47179  $910.49066
    6	$840.29019  $873.90180  $908.85787  $945.21218
    
    CASUAL EMPLOYEES (HOURLY RATE inclusive of casual loading)
    	Current
    GRADE	1 Apr 2010  1 Apr 2011  1 Apr 2013  1 Apr 2013
    2	$24.84650   $25.83965   $26.87323   $27.94816 
    3	$25.34680   $26.36085   $27.415280  $28.51189
    4	$26.09350   $27.13697   $28.22245   $29.35134
    

    1.2.3 The provisions set out in Appendix B dealing with the supported wages system shall apply.

    1.3 Allowances

    1.3.1 Employees shall receive the following allowances under this Agreement:

    Brief Description 
    Team Leader 					$100.00 per week 
    Travelling Allowance Clause 39 			$ 30.33 per day 
    !First Aid Allowance Clause 41 			$ 10.37 per week 
    Meal Allowance Clause 50 			$ 13.52 
    Permanent employee 
    Meal Allowance Clause 50 			$ 13.52 
    Casual employee 
    

    1.3.2 With the exception of the Team Leader allowance, any increases in the minimum Award rates for the allowances set out above will be passed on as and when they happen.

    1.3.3 Those who perform a Team Leader function will receive a Team Leader allowance as set out in this appendix. This allowance will also be paid pro-rata to any employee acting as a Team Leader in times of absenteeism.

    1.3.4 Team Leaders will be appointed by the Branch Manager upon recommendation by the Operations Manager and are responsible for the orderly and efficient operation of their team. They will assist managers in the induction training, conduct team meetings and provide feedback to employees regarding the achievement of key objectives. They are responsible for maintaining standards and leading their teams to achieve company objectives. Leading Hands are not expected to appraise or counsel employees.

    1.4 Start Times
    Road Team Employees agree that normal hours will be varied on Wednesdays and applicable Thursdays to commence at 8.30 am depending on volume. This is not to affect Air Courier Employees whose normal spread of hours remains unchanged.

    1.5 Rostered days off

    1.5.1 All parties agree that ROO's will not be taken on Monday's, Tuesday's or Friday's unless there are exceptional circumstances. In these instances as much notice as possible is to be provided and applications will be assessed by the Operations Manager and submitted to the Branch Manager for approval.

    1.5.2 The parties agree that a maximum of 5 ROO's can be accrued and paid out by the end of the year.

    1.5.3 The parties to this Agreement acknowledge and agree that ROO's shall not apply to any new employees engaged after the commencement of this Agreement. However, this shall not affect ROO arrangements applying to existing employees engaged prior to the commencement of this Agreement.

    1.6 Shift work

    1.6.1 In addition to the provisions of clause 48 -Shift Work of this Agreement:

    1.6.1.1 early morning shift means a shift which commences at 3.00am or later, but finishes at or before 4.00pm;

    1.6.1.2 For ordinary hours shiftworkers must be paid as follows:

    Shift 			% of the ordinary time rate 
    Early morning shift 	117.5
    

    1.7 Meal money
    After 2 or more hours worked following the end of a shift meal money of $21.90 is to be paid. This amount replaces the amounts prescribed in Clauses 50.2 and 50.3 of this Agreement.

    1.8 Security of employment

    1.8.1 The Company acknowledges the interests of the Employees and the Union in ensuring that the employment of the employees is secure and that employees' terms and conditions of employment are maintained and, over time, improved.

    1.8.2 To this end the Company:

  • agrees to take all reasonable steps to ensure the security of employment of the employees, and
  • is committed to the retention and, over time, improvement of employees' terms and conditions of employment.

    1.9 Income protection

    1.9.1 All employees covered by this Agreement shall be covered by an approved sickness and accident income protection plan (the plan) as agreed by the parties for the life of this Agreement. The Company shall make contributions to the agreed plan on behalf of its employees.

    1.9.2 Income protection for casuals will apply after a 3 month qualifying period of employment. Income protection will only apply to casuals paid and engaged directly by Star Track Express Pty Limited.

    1.9.3 The premium of 1.4% (that is, 1.4% of the employee's gross remuneration) is capped for the life of this Agreement.

    1.10 Outside hire labour

    1.10.1 Further to clause 28.7 of the Agreement, it is agreed that the ratio of outside hire casual labour to the total number of directly hired employees in Western Australia is to be maintained at current levels of 3:1 for drivers, and 1:1 for freight handling employees.

    1.10.2In accordance with clause 28.7 of the Agreement, the above ratios will be discussed and may be varied by local agreement at the relevant Yard Committee meetings during the life of this Agreement.

    1.10.3 Notwithstanding clause 29 of this Agreement, there will be no increase to the outside hire casual labour rate of pay for the life of this Agreement.

    1.11 TWU delegates' training leave
    TWU delegate representatives in Western Australia are entitled to take a maximum amount of 40 days delegates' leave per annum in accordance with clause 23 of this Agreement.

    1.12 Western Australia district allowance
    An employee covered by this Agreement in Western Australia shall be entitled to payment of a district allowance per week (inclusive of superannuation in accordance with the relevant federal legislation) in accordance with the following tables:

    DISTRICT ALLOWANCE FOR FULL TIME EMPLOYEES
    
    From first full pay period From first full pay period From first full pay period 
    on or after 1 April 2011   on or after 1 April 2012   on or after 1 April 2013 
    $40.00 per week            $45.00 per week            $50.00 per week 
    
    DISTRICT ALLOWANCE FOR CASUAL EMPLOYEES (UP TO AND INCLUDING 38 HOURS PER WEEK)
    
    From first full pay period From first full pay period From first full pay period 
    on or after 1 April 2011   on or after 1 April 2012   on or after 1 April 2013 
    $1.05 per hour (up to and  $1.18 per hour (up to and  $1.32 per hour (up to and 
    including 38 hours per     including 38 hours per     including 38 hours per 
    week)                      week)                      week) 
    


    Status

    [2011] FWAA 8242 FAIR WORK AUSTRALIA

    DECISION

    Fair Work Act 2009 s.185-Enterprise agreement

    Star Track Express Pty Limited

    (AG2011/3192)

    STAR TRACK EXPRESS PTY LIMITED -TRANSPORT WORKERS' UNION FAIR WORK AGREEMENT 2011-2014

    Road transport industry

    SENIOR DEPUTY PRESIDENT HARRISON SYDNEY, 30 NOVEMBER 2011

    Application for approval ofthe Star Track Express Pty Limited -Transport Workers' Union Fair Work Agreement 2011-2014.

    [1] An application has been made for approval of an enterprise agreement known as the Star Track Express Pty Limited -Transport Workers' Union Fair Work Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

    [2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

    [3] The Transport Workers' Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

    from 7 December 2011.The nominal expiry date of the Agreement is 31 March 2014.



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