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.

13.4 The Company is committed to maintaining the existing relationship based on collective bargaining.

14. NO EXTRA CLAIMS

14.1 Up to the nominal expiry date of this Agreement, the Union and the employees will not pursue (including through Local Agreements under clause 11 above) any extra claims relating to wages or changes to conditions of employment or any matters related to the employment of the employees, whether dealt with in this Agreement or not.

14.2 Up to the nominal expiry date, this Agreement covers all matters or claims which could otherwise be the subject of protected industrial action under the Act.

14.3 Up to the nominal expiry date of this Agreement, the Union and the employees will not engage in industrial action (whether protected or not) under the Act.

15. NEGOTIATION OF NEXT AGREEMENT

15.1 This Agreement includes a commitment by the parties to commence negotiations on a replacement enterprise agreement no less than five months prior to the expiry of this Agreement.

15.2 At the commencement of this Agreement all employees will attend an awareness session on the content of the new Agreement during normal working hours. This session will be conducted by representatives of management, an EBA committee member and a TWU organiser.

PART 2 -PRODUCTIVITY, CONSULTATION, TRAINING AND DISPUTE RESOLUTION

16. PRODUCTIVITY IMPROVEMENTS

The parties have agreed that in order to develop a more efficient and productive enterprise it is necessary to create a co-operative work environment and appropriate consultative mechanisms involving the company, the Union and employees.

It is a term of this Agreement that the Company shall allow EBA Committee delegates and representatives of management to attend a training course run by the Company and the Union in relation to the implementation of this Agreement.

16.1 Self-Managed Work Teams

All employees are to adopt the principle and contribute to the introduction and building of Self-Management Work Teams. The implementation of the Work Teams will create far greater harmony within the operations group as well as providing a more rewarding and satisfying work environment. Team Leaders will play a more guiding and advisory role, rather than their current directive role.

The following is a list of issues that may be addressed by Work Teams.

16.6 Support for Technological Innovation

16.6.1 The parties recognise that the use of new technologies by Star Track Express can assist Star Track Express to:

16.7 Support for Emerging Market Opportunities

16.7.1 During the life of this Agreement, the parties agree to enter discussions with a view to finalising a Local Agreement (in accordance with clause 11 of this Agreement) about the estabJishment of a new Fleet structure primarily focused on the home delivery/online shopping delivery market.

16.7.2 Such discussions shall commence in July 2012 and implementation will commence shortly thereafter.

16.7.3 The Company must not seek to introduce or implement any new Fleet structure without first having consulted with the Union and the Employees at the site in accordance with clause 18. 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 new Fleet structure.

16.7.4 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 new Fleet Structure.

16.7.5 Consistent with clause 13, the Employees and the Union must not unreasonably object to, hinder or obstruct the establishment of a new Fleet Structure as stated above by Star Track Express.

16.7.6 In the event of any dispute arising about the establishment of a new Fleet Structure as stated above by Star Track Express, the parties will follow the settlement of disputes procedure in clause 17.

16.7.7 If the dispute is ultimately referred to Fair Work Australia under clause 17, then FWA must approach the matter in accordance with the general principles set out in the XPT Case ([1984] 295 CAR 188] and decline to interfere in matters which are within the managerial prerogative of the Company. Those principles require FWA to examine all of the facts and not interfere with the right of the Company to manage its own business unless the Company is seeking from its employees something which is unjust or unreasonable. Those principles make it clear that the responsibility for managing the business, and thus taking the necessary decisions are those of management. The proposed decision of the Company about the establishment of a new Fleet Structure is only to be interfered with for the purpose of overcoming any unjust or unreasonable demand on employees. The rationality or the reasonableness of the proposed decision per se is not open to consideration, only its effects.

16.7.8 Without limiting the relief that might be granted by Fair Work Australia, FWA may determine that the Company's proposed decision to establish a new Fleet Structure be subject to a trial period of up to 3 months, following which the parties and FWA may assess the effects of the new Fleet Structure on employees.

17. SETTLEMENT OF DISPUTES

17.1 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.

17.2 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:

17.3 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.

17.4 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.

17.5 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.

18. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE

18.1 Employer to notify

(a) Where the Company has made a 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.

18.2 Employer to discuss change

(a) The Company must discuss with the employees affected and their representatives, including the Union, the introduction of the changes referred to in clause 18.1, 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) Subject to clause 18.2(c), the discussions must commence as early as practicable after a decision has been made by the Company to make the changes referred to in clause 18.1.
(c) In the event that the Company has made a decision to contract out work currently performed by its employees, the discussions must take place as soon as practicable and in any event not less than twelve weeks before the proposed contracting out of work is intended to commence.
(d) For the purposes of such discussion, the Company must provide in writing to the employees concerned and their representatives, including the Union, 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.

18.3 Consultation generally and Consultative Committees

(a) The parties agree that the relevant Consultative 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 Consultative 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 Consultative Committee shall consist of at least one Union delegate and one senior management representative. The employee representatives of each Consultative 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 Consultative Committee shall discuss, for the purposes of enhancing compliance with this Agreement, at least the following items on a regular basis, with such discussions to be minuted and posted for all relevant employees to view:

19. TRAINING

19.1 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 Company's operations which are subject to the application of this Agreement. All new employees are required to complete a Company induction program which shall include an introduction from the relevant employee representative.

19.2 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 or other working hours as approved by the Company, the employee concerned shall not suffer any loss of pay. The Company shall not unreasonably withhold such paid training leave.

19.3 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.

19.4 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.

19.5 Members of OH&S committees will receive OH&S accredited training in accordance with the relevant OHS Law.

19.6 "Blue Card" training is an independently provided training course aimed at improving safety awareness.

19.7 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.

20. SAFE SYSTEMS OF WORK/DRUG AND ALCOHOL AND SAFE DRIVING PLANS

20.1 The Occupational Health and Safety of employees is the Company's highest priority as outlined in our Fair Dealing Policy.

20.2 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
(g) Record keeping requirements for accountability and compliance purposes.

21. ACCESS TO THE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS

21.1 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.

21.2 The Company shall supply a notice board of reasonable dimensions to be erected or to be placed in a prominent position in the workplace upon which accredited representatives of the Union shall be permitted to post formal Union notices signed by such representative or representatives.

22. TWU RECOGNITION AND FREEDOM OF ASSOCIATION

22.1 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.

22.2 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.

22.3 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.

23. 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.

24. TWU DELEGATES' LEAVE

24.1 Delegate representatives from New South Wales and the Australian Capital Territory are entitled to take a total pool of 210 days leave per annum to attend to union business including training, attending industrial proceedings (including FWA proceedings), negotiating Local Agreements and other agreements, meeting and information sessions conducted by the TWU and to be involved in Union campaigning.

24.2 In the event that the Company establishes any new facilities in New South Wales and the Australian Capital Territory during the life of this Agreement, then the total pool of delegates leave in accordance with this clause will be increased by 15 days per annum for each new facility.

24.3 The amount of delegates' leave under this clause shall not accumulate from year to year.

24.4 The delegate representative from each of New South Wales and the Australian Capital Territory will be paid their average earnings during any such periods of delegates' leave.

24.5 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, in which case the Company will not unreasonably refuse.

24.6 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.

25. RIGHT OF ENTRY

25.1 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.

25.2 The Company will allow an authorised industrial officer to enter the Company's premises as set out in this clause.

25.3 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.

25.4 For the purposes of this clause, "relevant employee" means an employee of the Company who is covered by this Agreement.

25.5 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.

25.6 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.

25.7 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.

25.8 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.

25.9 An authorised industrial officer must not deliberately hinder or obstruct the Company or employees during their working time.

25.10 The Company must not hinder or obstruct an authorised industrial officer in the exercise of the powers referred to in this clause.

25.11 Should any issue arise concerning the operation of this clause, it shall be dealt with by way of clause 17 -Settlement of Disputes.

26. DEMARCATION

26.1 In line with our corporate desire to operate as a Team towards mutually accepted goals, managers and employees shall be allowed to engage in freight handling and fleet functions in certain circumstances and conditions (such as, but not limited to following Labour day long weekend) provided that the TWU yard delegate (or nominee) is consulted on each occasion.

26.2 Managers and employees will be able to handle freight without consultation in the following circumstances: ·

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. UNAUTHORISED PERSONS RIDING ON VEHICLES

An employee shall not permit any unauthorised person to accompany the employee on the vehicle, nor permit any such persons to assist the employee in the delivery of goods, wares, merchandise or material unless such person has been engaged as an employee or is the owner of such goods, wares, merchandise or material or is the agent or representative of such owner.

29. TYPES OF EMPLOYMENT

29.1 An employee may be engaged on a full-time, part-time or casual basis.

29.2 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 fulltime, part-time or casual. Such decision will then be recorded in a time and wages record.

29.3 Full-time employment

A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

29.4 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 29.4(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 36 -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 29.4(b)(i) will be paid at the appropriate overtime rate.

29.5 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 36-Wage Increases and Rates of Pay, plus the casual loading of 15% and annual leave loading of 1/1ih of the minimum hourly rate for their classification. The ordinary hourly rates of pay for casual employees are set out 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 36, plus a loading of 10%. The overtime hourly rates of pay for casual employees are set out in the relevant Appendix.

29.6 Conversion of casual employment

(a) Subject to clause 29.6(b) below dealing with existing employees, a casual employee, other than an irregular casual employee who has been engaged by the Company for a sequence of periods of employment under this Agreement during a period of 12 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) The Company must give the employee referred to in (a) above notice in writing of the provisions of this clause within four weeks of the employee having attained such period of 12 months. However, in respect of casual employees who are already employed by the Company as at the date of approval of this Agreement, it is agreed that the Company will commence giving the written notice required in accordance with this clause no later than 12 months after this Agreement is approved by Fair Work Australia.
(c) The employee retains the right of election under this clause even if the Company fails to comply with clause 29.6(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 29.6(a), upon receiving notice under clause 29.6(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 29.6(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 29.6(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 29.4(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 29.6(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.

29.7 Ratio of casual employment and part-time 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:
(i) The Company shall not engage casual employees in excess of one quarter of the number of weekly employees (i.e. other than casual employees) employed plus one additional casual employee. Casual employees, except irregular casuals, who have elected not to convert to full-time employment under clause 29.6 and casual employees who are engaged to replace full-time employees absent from work on personal/carers' leave will be included in the count of weekly employees for the purposes of this calculation.
(ii) The ratio of full-time employees to non-full-time employees (including casual and permanent part-time employees), shall remain 4:1 based on relevant manning and rostering levels. Casual employees, except irregular casuals, who have elected not to convert to full-time employment under clause 29.6 and casual employees who are engaged to replace full-time employees absent from work on personal/carers' leave will be included in the count of full-time employees for the purposes of this calculation. In addition, permanent part-time employees who have worked for more than 12 months will be included in the count of full-time employees for the purposes of this calculation.

29.8 Utilisation of full-time workforce

(a) The Company shall ensure the full utilisation of the full-time proportion of its workforce, including the ordinary rostered hours of work of fulltime employees and contract carriers before casual, part-time or labour hire employees or external contract carriers are engaged or work is contracted out to other companies or businesses. (Full utilisation is defined as working their ordinary rostered hours of employment).

(b) To avoid doubt, employees can expect that a reasonable amount of overtime will be worked, however the allocation of additional hours required will be at the discretion of management to meet relevant manning and rostering levels, and managed in the most cost effective manner, including the authorising of overtime and the meeting of customers' service expectations.

30. 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 at the relevant Branch, subject to the terms of any relevant Appendix.

31. FLEET OUTSIDE HIRE

31.1 The Company will use all reasonable endeavours to ensure that outside hire companies 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 (i.e. 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. LINEHAUL 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 LDO 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 Consultative 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 				At least 1 week 
More than 1 year but not more than 3 years 	At least 2 weeks' 
						At least 3 weeks' 
More than 5 years 				At least 4 weeks' 

(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 four (4) hour's notice, or by payment of four 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.

35. EMPLOYEE ENTITLEMENTS

35.1 On completion of the annual audit each year, the Company will provide an auditors report to certify that the Company's financial situation is adequate to meet its obligation regarding Employee Entitlements. The Auditors report will verify:
35.1.1 Net tangible assets as a multiple of accrued entitlements including notional redundancy provisions.
35.1.2 Whether Profit before tax exceeds accrued entitlements including notional redundancy provisions.
35.1.3 The financial position of the Company to meet its obligations.

35.2 The Company will furnish the NSW Transport Workers Union State Secretary and Sydney Sub-Branch Secretary with a copy of this report annually, directly after the audit is completed.

35.3 The completed auditors report will be posted onto a lockable noticeboard annually, directly after the audit is completed.

PART 4-WAGES, ALLOWANCES AND RELATED MATTERS

36. WAGE INCREASES AND RATES OF PAY

36.1 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:

36.2 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.

36.3 The table of rates of pay for the duration of the Agreement are set out in the relevant Appendix.

37. JUNIORS

37.1 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.

37.2 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.

38. HIGHER DUTIES

38.1 An employee required by the Company to work for less than two hours a day on work carrying a higher rate of pay shall be paid at the higher rate for the actual time so worked and when required to work for more than two hours a day on such work the employee shall be paid as for a whole day's work.

38.2 This clause shall not apply to actual periods of one hour or less or to interchange of work arranged between employees to meet their personal convenience.

39. ALLOWANCES

39.1 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.

39.2 The Company will ensure that sufficient numbers of employees are trained in Hazspill response. Employees who are required to perform Hazspill duties will be specifically appointed by the Company. Those employees who are appointed to perform Hazspill duties will be paid an allowance equivalent to the First Aid allowance prescribed in the relevant Appendix.

39.3 A driver engaged in the transport of packaged dangerous goods which require placarding by public road shall receive an allowance per day as set out in the relevant Appendix. Packaged goods which require placarding are those goods defined as such in the Australian Dangerous Goods Code as amended from time to time.

40. TRAVELLING ALLOWANCE

40.1 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.

40.2 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.

41. ARTICLES OF CLOTHING

41.1 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.

41.2 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.

41.3 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.

41.4 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.

41.5 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.

41.6 The clothing provided in accordance with this Clause shall be renewed when reasonably necessary. It shall only be worn when the employee is engaged on work for the company and shall remain the property of the company and shall be returned to the company on demand in a condition commensurate with normal wear and tear. An employee may be required by the company to sign a receipt for such clothing upon it being issued.

41.7 Where an employee comes into contact with direct or reflected sunlight during working hours and requires special clothing and/or headgear to protect himself/herself from the sun these shall be provided, free of cost, by the company.

41.8 An employee who comes into contact with direct or reflected sunlight during working hours shall be provided with Australian Standard, AS 1067 Sunglasses, free of cost, by the company. Those employees who require Safety Sunglasses shall be provided, free of cost, by the company, with Australian Standard AS 1337 or AS 1338 Safety Sunglasses.

41.9 An employee who comes into contact with direct or reflected sunlight during working hours shall be provided with sufficient quantities of broad spectrum SPF 30+ Sunscreen to protect himself/herself from the sun, free of cost, by the company.

42. 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.

43. 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 by the employee or persons seeking employment, unless the employee or persons seeking employment recover those costs (either in whole or partly) from a Health Fund.

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.

44.5 No employee should have the pay day changed unless given at least seven (7) days' notice.

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:

45.2 Any legislated superannuation contribution increase above 9% contribution level will be absorbed into any increase made by the Company in accordance with this clause.

45.3 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 During the life of this Agreement, the Company will 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. However, the Company will not be responsible for the reimbursement of the cost of any second or subsequent replacement card which is 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 45.5 and 45.6 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 17 -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 and, if the employee requires, the Union.

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 4.30 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 in a 4 week cycle, as follows:
(i) Employees shall work to a roster drawn up in each Branch or workplace providing for 19 days each of eight hours over a continuous four week period.
(ii) Each employee shall take a rostered day off in accordance with the roster.
(iii) Rostered days off may be accumulated to a maximum of ten (10) days over a 40 week period. Rostered days off may be credited to and be taken by an employee in advance to a maximum of five (5) days.
(iv) In those arrangements where rostered days off are not accumulated the Company may, due to operational requirements, require an employee not to take a rostered day off during the period it accrues. In this event, a replacement rostered day off shall be taken on the following basis:

(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.

47.5 Rostered Days Off ("ROO")

47.5.1 1n addition to the provisions contained in clause 47.4(a) of this Agreement, accumulated Rostered Days Off may be paid out at the request of an employee and by agreement with the Company.

47.5.2 Penalty rates will not apply for normal hours worked on each 201h consecutive day of work if it is requested that accumulated RDOs be paid out rather than be taken as paid leave. Penalty rates will apply to hours worked outside the normal spread of hours.

47.5.3 ROO rosters will be compiled for three months in advance for Driver Teams and twelve months in advance for freight handling teams. To assist planning employees shall advise the Company at the beginning of the year their election to either take or accumulate RDOs. The maximum number of days that may be accrued for payout by the end of the calendar year is ten. The maximum number of days may be accrued and taken as leave shall be five. RDOs shall be paid out at any time upon application with seven days notice.

47.5.4 The Company reserves the right to revise the roster plan under exceptional circumstances after consultation with the affected employees (for example in periods of high levels of sick leave due to flu epidemic).

47.5.5 1n the high volume months of October to December and the two week period leading up to Easter, RDOs will generally not be granted. However, the Company recognises that from time to time employees may need to take an ROO during this busy period. Where possible, the Company will look favourably upon such requests being granted.

47.5.6 1n the event that an ROO has been approved and rostered but the Company requests the employee to attend work, 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, normal overtime rates will apply.

47.5.7 The provisions of clause 47.4(a) and this clause 47.5 shall only apply with respect to those yards or depots where ROO's have been agreed between the parties.

47.6 Other Than a Rostered Day Off in a 4 Week Cycle

47.6.1 1n addition to the provisions contained in clause 47.4(b) of this Agreement, where the Company is required to service a particular industry or plant or section thereof which is operating under arrangements for a reduced working week other than that provided for in clause 47.4(a) and clause 47.5, the ompany may arrange the hours of work of an employee to be applicable to that particular industry or plant, or section thereof, provided that such hours shall not be in excess of the normal hours of work permitted by this clause.

47.6.2 The Company may require employees to work ordinary hours over five days, Monday to Friday inclusive, which shall not exceed 38 hours, which may be worked over four days of 8 hours each and one day of 6 hours. On the day on which 6 hours is worked, those 6 hours may be worked continuously without a meal break.

47.6.3 The Company may require employees to work ordinary hours over a two week period (10 working days) Monday to Friday inclusive of not more than 76 hours. To achieve this, the Company may roster employees off, half a day (4 hours) on one of the days in one of those normal working weeks.

47.7 More than one of the methods of implementation of an average 38 hour working week referred to in this clause may be simultaneously implemented for different groups of workers in the one workplace; provided that agreement shall be reached with the majority of employees so affected.

47.8 Methods of implementation of an average 38 hour working week other than those referred to in this Clause may be instituted by arrangement with the Union.

47.9 In response to changing requirements of the Company's customer, the Company may alter the method(s) by which a 38 hour week is worked in the workplace, provided that the altered method(s) so chosen shall comply with the requirements of this clause.

47.10 Employees employed before the date of approval of this Agreement will be paid according to the spread of hours prevailing at the time they joined the Company. This undertaking will be reviewed during the March quarter of each year and may be altered after consultation with the Union and employees in circumstances of urgent need to reduce operating costs. Such alteration will ensure that employees are not disadvantaged when compared to the provisions of this clause of this Agreement.

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 4.30 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 four weeks and performed either in daily recurrent periods or in regular rotating periods within the limits defined for "afternoon shift" or "night shift"; 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:

48.9 Meal breaks

All shiftworkers while working on 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.

48.13 Shift Work-Prior Arrangements

Arrangements as to shift work entered into between the Union and the Company prior to the introduction of this Clause into the Agreement which provide for more advantageous conditions for existing employees (that is, employees engaged by the Company prior to the date of approval of this Agreement by Fair Work Australia) than this Clause shall not be altered without the agreement of the Union.

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.

49.3 For the avoidance of doubt, different starting times within the span of ordinary hours may apply to different groups of employees in a particular yard or depot.

49.4 Any employee who is not in attendance at the workplace or other agreed starting place ready to commence work at the fixed starting time or who fails to attend for eight hours from that time shall be paid only for the actual hours worked.

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 the relevant Appendix 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 the relevant Appendix. Any increases in the minimum rates for meal allowance will be passed on as and when they happen.

50.4 Saturdays, Sundays and Public Holidays

50.4.1 An employee required to work on a Saturday (where it is not an ordinary day pursuant to clause 47.2), Sunday or public holiday shall be allowed a paid crib break of twenty (20) minutes for each five (5) hours worked; the said five (5) hours to be calculated from the time of commencement of work or from the end of the previous crib break, whichever applies.

50.4.2 An employee required to work for a period of eight (8) hours between the hours of 7.00am and 5.30pm on a Saturday (where it is not an ordinary day pursuant to clause 47.2), Sunday or public holiday may be allowed the usual weekday lunch break and, in that case, the provisions of clause 50.4.1 shall not apply.

50.5 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 50.4 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. PENALTY 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 for the actual time worked in addition to 7.6 hours' ordinary pay to which the employee is entitled for those days in accordance with clause 60.1;
(ii) any other public holiday-time and a half for the actual time worked in addition to 7.6 hours' ordinary pay to which the employee is entitled for those days in accordance with clause 60.1; 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, including the payment required in accordance with clause 60.1.

(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, the Christmas Day holiday and on any other holiday-double time.

(g) The minimum payment will be four hours. The payment prescribed in this subclause will be in addition to the casual loading in clause 29.5.

53. ABSENCES FROM DUTY

Where an employee is absent from duty (other than on annual leave, long service leave, paid absence on public holidays, paid personal/carers' leave, workers' compensation, paid compassionate leave or jury service) the employee shall for each day absent, lose average pay for each such day calculated by dividing the weekly wage rate by 5. An employee who is absent for part of a day shall lose average pay for each hour or part thereof the employee is absent, calculated by dividing the weekly wage rate by 38. An employee so absent from duty will not accrue the entitlement for normal rostered time off provided for in clause 47.4(a) of this Agreement. The employee shall take time off as rostered but shall be paid, in respect of the week during which the rostered time off is taken, the weekly pay less an amount calculated according to the following formula:

Number of day(s) absent during cycle
x 0.4 hours x (Weekly Wage Rate divided by 38)

PART 6-LEAVE AND PUBLIC HOLIDAYS

54. ANNUAL LEAVE

54.1 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.

54.2 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.

54.3 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.

54.4 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.

54.5 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.

54.6 Taking of annual leave

The period between 1 October and 25 December and the two-week period prior to the Easter long weekend each year are the Company's peak volume periods. In order to fulfil customer requirements and meet the needs of the business, it is acknowledged that annual leave will not be taken during these periods unless there are cogent reasons to do so. Any request to take annual leave during these periods must be given with as much notice as possible and must be supported by compelling reasons, taking into account the operational factors outlined above and that the Company needs all employees to work during these periods.

54.7 Annual leave loading

The provisions set out in the relevant Appendix apply with respect to annual leave loading.

54.8 Rostered days off and annual leave

Upon an employee taking annual leave, the work cycle in respect of which the employee becomes entitled to a weekly accrual for time off pursuant to clause 47.4(a) and clause 47.5 shall be suspended and the employee shall not be entitled to further accrual for rostered time off until the employee's return from leave. Upon resumption of work, the entitlement period for accrual shall resume and the employee shall be entitled to be rostered to take time off and shall so take time off upon completing the balance of the work cycle.

55. PERSONAL CARER'S LEAVE AND COMPASSIONATE LEAVE

55.1 Personal/carer's leave and compassionate leave are provided for in the NES.

55.2 In addition to the provisions of this clause and the NES dealing with compassionate leave, if the funeral is to be held in another State the employee (other than a casual employee) shall be granted two additional paid days, for a total of four days' paid compassionate leave. Alternatively if the funeral is to be held in another country the employee (other than a casual employee) shall be granted three additional paid days for a total of five days' paid compassionate leave.

55.3 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 in any event within twenty-four hours; and
(b) must advise the Company of the period, or expected period, of the leave.

55.4 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 any one (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.

55.5 Leave allowed before due date

By agreement between the Company and an employee a period of personal/carer's 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.

55.6 Rostered days off and personal/carer's leave

55.6.1 Where an employee is sick or injured on the week day the employee is to take off in accordance with the provisions of clause 47.4(a) and clause 47.5, the employee shall remain entitled to paid personal/carer's leave for that particular day provided that the employee produces to the Company a medical certificate that the employee is unfit for duty on account of personal illness or injury. This requirement to provide a medical certificate applies notwithstanding the provisions of clause 55.4(b) of this Agreement.

55.6.2 An employee may elect, with the consent of the Company, to take a rostered day off at any time.

55.6.3 An employee may elect, with the consent of the Company, to take rostered days off in part day amounts.

55.6.4 An employee may elect, with the consent of the Company, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Company and employee, or subject to reasonable notice by the employee or Company.

55.6.5 This clause is subject to the Company informing the Union where it has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Union to participate in negotiations.

55.7 Special circumstances

In addition to the provisions of this clause for personal/carer's leave, in
circumstances of special need an employee may apply for further assistance
under the Company's Fair Dealing Policy.

56. COMMUNITY SERVICE LEAVE

56.1 Community service leave is provided for in the NES.

56.2 In addition to the provisions of the NES, an employee required to attend for jury service during ordinary hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

56.3 In accordance with the provisions of the NES, an employee shall notify the Company as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the Company proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

57. STATE EMERGENCY SERVICES AND VOLUNTEER BUSH FIRE BRIGADE LEAVE

In addition to the provisions of the NES, the Company will fully support any employee who is engaged in the above services. The employee will be paid his/her average daily earnings from previous full weeks' earnings. Each employee must provide proof of any such activity prior to payment. Any employee adversely affected by an event such as a bush fire may apply under the Fair Dealing Policy for assistance.

58. DEFENCE FORCE RESERVE LEAVE

Defence Force Reserve leave shall apply in accordance with the Employee Handbook. An employee who takes such leave shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of attendance for Defence Force Reserve activity and the amount of average daily earnings from previous full weeks earnings, the employee would have received had the employee not been on Defence Force Reserve leave.

59. PARENTAL LEAVE

Parental leave is provided for in the NES.

60. PUBLIC HOLIDAYS

60.1 Public holidays are provided for in the NES. These provisions are in addition to those provided for in the NES.

60.2 Substitution of certain public holidays by agreement at the enterprise
(a) The Company and its employees at a particular yard or depot may agree to substitute another day for any prescribed in the NES. For this purpose, the consent of the majority of affected employees at the relevant yard or depot will constitute agreement.
(b) An agreement pursuant to clause 60.2 must be recorded in writing and be available to every affected employee.

60.3 Public holidays and rostered days off

Where an employee is rostered to take time off pursuant to clause 47.4(a) and clause 47.5 and such rostered time off falls on any of the public holidays referred to in the NES, the employee shall be entitled to replacement time off, to be taken on the following basis:
(a) Where the time off taken fell on either a Friday or Monday, the next practicable Friday or Monday shall be taken for the purposes of replacement time off.
(b) Where the time off not taken fell on a Tuesday, Wednesday or a Thursday, the replacement time off shall be taken on the first practicable day available for the taking of such replacement time off.

61. LONG SERVICE LEAVE

61.1 Long service leave is provided for in the relevant Long Service Leave legislation applying in New South Wales and the Australian Capital Territory.

61.2 Where an employee takes long service leave the entitlement to accrue towards time off pursuant to clause 47.4(a) and clause 47.5 shall cease. The employee shall not be entitled to time off during the period of long service leave. In lieu thereof, the employee shall be paid the value of the accrued entitlement standing on the last day of work prior to taking long service leave.

62. 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

Basis of signatory's authority to sign the agreement:
The above person is he Chief Executive Officer of the Company and is duly authorised to sign the reement on behalf of the Company.

Signature: Date:

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
Basis of signatory's authority to sign the agreement: The above person is the National Secretary of the Transport Workers Union of Australia.

Signature: Date:

Signatory Name: Wayne Forno
Signatory Address: 31 Cowper Street, Parramatta NSW 2150
Basis of signatory's authority to sign the agreement: The above person is the NSW Secretary of the Transport Workers Union of Australia.

Signature: Date:

The TWU was appointed by the employees to sign the agreement on their behalf and is a bargaining representative in accordance with Division 3 of Part 2-4 of the Fair Work Act 2009.