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.