15.3 Time off during notice period
15.3.1 Where StarTrack has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with StarTrack.
15A. REDUNDANCY
15A.1 Definition
(a) "Redundancy" refers to any employment being terminated at the initiative of StarTrack because the number of employees exceeds the number who will be required to perform the work.
(b) "Retrenchment" refers to termination by StarTrack of any employee who is made "Redundant".
15A.2 Process
15A.2.1 Timing of Notice
(a) StarTrack will provide maximum notice possible to employees where StarTrack is to initiate a redundancy program.
(b) Should it become apparent that a redundancy situation will arise then consultation shall take place with employees and officers of the Union in accordance with clause 9.2 of this Agreement.
(c) Should redundancy be necessary, volunteers will be considered subject to the fundamental requirement that StarTrack must retain employee skills to meet operational needs.
15A.2.2 Redundancy Payments
A redundancy payment of three weeks ordinary time wages will be made for each year of service and pro-rata for part years.
15A.2.3 Maximum Payment
The maximum amount payable under this clause as a redundancy payment shall be one (1) year's ordinary time wages.
15A.2.4 Minimum Service Payment
The minimum redundancy payment to any employee retrenched shall be four (4) weeks wages.
15A.2.5 Notice Payment / Period of Notice
(a) Where an employee is retrenched they will be entitled to receive four (4) weeks' notice. Where an employee is over 45 years of age, and has more than 5 years' Continuous Service, the employee will be entitled to five (5) weeks' notice.
(b) The period of notice under this clause is in substitution for the period of notice provided for in clause 15.
(c) The notice period may be paid out in lieu at the discretion of StarTrack.
15A.2.6 Long Service Leave
Employees retrenched under this Agreement will on termination receive a pro-rata long service leave payment, calculated in accordance with applicable legislation, after 5 years' service.
15A.2.7 Annual Leave
To be paid out with annual leave loading.
15A.2.8 Transfer of Business/Suitable Alternative Employment
(a) Where a business is, after the date of this Agreement, transferred from StarTrack (in this clause called "the transferor") to another employer in accordance with section 311 of the Act (in this clause called "the transferee") and an employee who at the time of such transfer was an employee of StarTrack becomes an employee of the transferee;
(i) the continuity of the employment of the employee is deemed not to have been broken by reason of such transfer; and
(ii) the period of employment which the employee has had with StarTrack or any prior transferor is deemed to be service of the employee with the transferee; and
(iii) such an employee will not be entitled to redundancy payments under this agreement.
(b) In this sub-clause "Business" includes trade, process, business or occupation and includes part of any such Business and "transfer" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transferred" has a corresponding meaning.
(c) Where an employee is offered suitable alternative employment regulated by means of either an enterprise agreement or an award with the transferee, or with an associated entity of StarTrack, StarTrack will have no obligation to pay that employee the redundancy benefits contained in this Agreement or in any other instrument if the employee accepts or refuses to accept the offer.
(d) Deemed continuity of service under clause 15A.2.8(a) applies to all entitlements, including sick leave, annual leave, annual leave loading, long service leave, unpaid time in lieu, accrued rostered days off, service for redundancy purposes, and other entitlements accrued at the time of transfer.
(e) In this clause suitable alternative employment will normally mean a position within the same classification level and skills capability of the employee as discussed between StarTrack, the individual and the Union, based on the particular circumstances. In assessing the particular circumstances for the purpose of determining the suitability of alternative employment, consideration will be given to the impact on the employee's overall earnings. Generally, suitable alternative employment will not involve relocation away from the city or town in which the employee is employed (as a guide it will generally not involve more than a daily total of 2 hours additional travelling time).
(f) An offer of suitable employment includes a situation where, if such terms and conditions are less favourable as a total package, alternative compensation for the gap is made available to the employee at the time of the transfer.
The parties acknowledge that this list of considerations is not exhaustive but indicative.
PART 5 - WAGES AND RELATED MATTERS
16. SALARIES AND CLASSIFICATIONS
16.1 Grading structure
16.1.1 GENERAL
(a) All employees will be graded according to the classification descriptors specified in this subclause, or such other classification descriptors as agreed to between StarTrack and the Union during the life of the Agreement.
(b) All employees will be graded at the time of employment and informed accordingly, in writing, within fourteen days of appointment.
(c) The grade of each employee will be determined by StarTrack according to the classification descriptors below, where the employee's principal functions, as determined by StarTrack, require the exercise of any one or more of the skill levels set out in the classification descriptor for the grade.
(d) An employee may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.
16.1.2 GRADE 1
16.1.2.1 Employees in this grade perform, and are accountable for, clerical and office tasks as directed, within the skill levels set out. They work within established routines, methods and procedures. Supervision is direct.
Relevant skill levels are:
(a) Machine operation - skill level 1
Operate telephone/intercom systems, telephone answering machines, facsimile machines, photocopiers, franking machines, and guillotines.
(b) Information handling skills - skill level 1
Receive, sort, open, distribute incoming mail, process outgoing mail, receive incoming and despatch outgoing courier mail, deliver messages and documents to appropriate persons/locations;
Prepare and collate documents;
Sort and file documents/records accurately in correct location/ sequence using an established paper-based filing system.
(c) Enterprise/industry, specialist skills - skill level 1
Acquire and apply a limited knowledge of office procedures and requirements.
16.1.3 GRADE 2
16.1.3.1 Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 1. They are responsible and accountable for their own work, which is performed within established routines, methods and procedures. Supervision is routine.
Relevant skill levels are:
(a) Machine operation - skill level 2
Operate adding machines, switchboard, paging system, telex machine, typewriter and calculator.
(b) Computer - skill level 1
Use knowledge of keyboard and function keys to enter and retrieve data through computer terminal.
(c) Keyboard typing - skill level 1
Copy type at 25 words per minute with 98% accuracy.
(d) Information handling skills - skill level 2:
Maintain mail register and records;
Maintain established paper-based filing/records systems in accordance with set procedures including creating and indexing new files;
Distributing files within the organisation as requested, monitoring file locations;
Transcribe information into records, complete forms, take telephone messages.
(e) Enterprise/industry, specialist skills - skill level 2
Acquire and apply a working knowledge of office or sectional operating procedures and requirements;
Acquire and applying a working knowledge of the organisation's structure and personnel in order to deal with enquiries at first instance, locate appropriate staff in different sections, relay internal information, respond to or re-direct inquiries, greet visitors.
(f) Business/financial skills - skill level 1
Keep appropriate records;
Sort, process and record original source financial documents (e.g. invoices, cheques, correspondence) on a daily basis; maintain and record petty cash, prepare bank deposits and withdrawals and do banking.
16.1.4 GRADE 3
16.1.4.1 Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 2. They are responsible and accountable for their own work, which is performed within established guidelines. They exercise limited discretion within the range of their skills and knowledge. Supervision is general. Relevant skill levels are:
(a) Machine operation - skill level 3
Operate computerised radio telephone equipment, micro/personal computer, printing devices attached to personal computer, dictaphone equipment and typewriters.
(b) Keyboard typing - skill level 2
Produce documents and correspondence using knowledge of standard formats; touch type at 40 words per minute with 98% accuracy; audio type
(c) Computer - skill level 2
Use one or more software application package(s) developed for a micro/personal computer to operate and populate a database, spreadsheet/worksheet to achieve a desired result; graph previously prepared spreadsheet, use simple menu utilities of personal computer;
Following standard procedures or template for the preceding functions using existing models/fields of information, create, maintain and generate simple reports;
Use a central computer resource to an equivalent standard.
(d) Word processing - skill level 1
Use one or more software packages to create, format, edit, proof-read, spell check, correct, print and save text documents, e.g. standard correspondence and business documents;
Apply additional functions such as search and replace, variable fonts, moving and merging across documents and simple maths.
(e) Secretarial - skill level 1
Take shorthand notes at 70 wpm and transcribe with 95% accuracy;
Arrange travel bookings and itineraries, make appointments, screen telephone calls, follow visitor protocol procedures, establish telephone contact on behalf of executive.
(f) Enterprise/industry, specialist skills - skill level 3
Apply a working knowledge of the organisation's products/services, functions, locations and clients;
Respond to and act upon most internal/external inquiries in own function area.
(g) Information handling skills - skill level 3
Use and maintain a computer-based record management system to identify, access and extract information from internal sources;
Maintain circulation, indexing and filing systems for publications, review files, close files, archive files.
(h) Business/financial skills - skill level 2
Maintain financial records and journals, collect and prepare time and wages records; prepare accounts payable for authorisation; respond to simple account queries from debtors; post transactions to ledger.
(i) Employees holding a Certificate of Office and Secretarial Studies (TAFE) or accredited equivalent and who are required to use skills and perform tasks within the range of skills in Grade 3 shall be graded at Grade 3 or above.
16.1.5 GRADE 4
16.1.5.1 Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 3. They are responsible and accountable for their own work, and exercise discretion and initiative in the organisation of work within prescribed limits. Supervision is limited.
Relevant skill levels are:
(a) Keyboard typing - skill level 3
Format complex documents including technical data, technical language, tables, graphs, text design, indexing, variable type face; produce documents requiring specified form or to comply with regulations or standards.
(b) Computer - skill level 3
Apply knowledge of intermediate functions to manipulate data, i.e. modify fields of information, develop new basic databases or spreadsheet models; spreadsheet, perform reconciliation.
(c) Word processing - skill level 2
Use one or more software packages to apply advanced functions such as text columns, money columns, tables e.g. to produce financial statements, printed forms, sorting, boxes, create displays of charts or graphs in report format, select style sheets appropriate to final presentation.
(d) Secretarial skills - skill level 2
Take shorthand notes at 100 wpm and transcribe with 95% accuracy; manage executive appointments; respond to invitations; organise internal meetings on behalf of executive; establish and maintain reference lists/personal contact systems for executives.
(e) Enterprise/industry, specialist skills - skill level 4
Provide detailed advice and information on the organisation's products and services; respond to client/public/supplier and internal organisation inquiries, within own function area, using such techniques as personal interview and liaison; explain organisation's viewpoint to clients and appropriate persons, using knowledge of internal/external regulatory requirements related to own function area;
Acquire and use specialist vocabulary, i.e. technical/medical/legal within the scope of this grade.
(f) Information handling - skill level 4
Create new forms of files and records as required using computer-based records systems, e.g. customer/client/supplier and subscription lists;
Access, identify and extract information as required from external sources e.g. databases, libraries, and local authorities.
(g) Business/financial - skill level 3
Prepare cash payment summaries, banking reports; apply purchasing and inventory control requirements; post transactions to ledger; reconcile debtors, creditors and general ledger accounts to balance; follow-up unpaid accounts by telephone liaison/interview; prepare documentation on overdue accounts for senior officers or referral to debt recovery processes; calculate wage and salary requirements including tax, superannuation and other deductions and transfer payments for authorisation; calculate stock valuations; prepare bank reconciliation's; calculate costings using established formulae for all inputs and margins.
(h) Supervisory - skill level 1
Allocate work tasks to individuals, check work progress and correct errors.
16.1.6 GRADE 5
16.1.6.1 Employees in this grade perform clerical and administrative duties using a more extensive range of skills and knowledge at a level higher than required in Grade 4. They are responsible and accountable for their own work, and may have limited responsibility for the work of others. They exercise initiative, discretion and judgement within the range of their skills and knowledge. Supervision is minimal. Relevant skill levels are:
(a) Computer - skill level 4
Use a variety of application software packages within a micro/personal computer network including importing data from one package to another;
Evaluate usefulness or applicability of software programs (using existing software programs) and recommend preferred solutions to meet new or different application requirements;
Use advanced spreadsheet functions, (e.g. Macro functions etc) to enhance operation of the spreadsheet;
Use a central computer resource to an equivalent standard.
(b) Word processing - skill level 3
Use all preceding word processing functions and integrate word processing software with other application software packages to produce complex text and data documents;
Apply knowledge of desk top publishing to integrate complex documents;
Apply advanced functions including macros, moving columns for complex formatting of documents such as multi-column reports and presentations, including booklets. Apply complex maths functions.
(c) Secretarial skills - skill level 3
Take shorthand notes at 120 wpm and transcribe at 95% accuracy; attend executive/organisational meetings and take minutes; answer executive correspondence from verbal or rough handwritten instructions, organise teleconferences.
(d) Enterprise/industry - skill level 5
Apply detailed knowledge of the road transport industry to complex issues/arrangements in such areas as consumer/client services, special products/service knowledge, and respond within established internal/external regulatory parameters and policies. Indicative Specialist skills include:
Apply detailed knowledge of customs law and regulations to overseas sales and ordering.
Apply detailed knowledge of inventory/stock requirements to obtain competitive quotations and initiate purchasing.
Apply detailed knowledge of internal/external regulatory parameters and policies relating to industrial and employment law, occupational health and safety, workers compensation claims procedures, superannuation requirements.
(e) Information handling - skill level 5
Develop, plan and implement new paper-based/manual filing records systems for the enterprise; assist in separate undertaking research (locate/solicit, summarise/extract and interpret information) related to function areas.
(f) Business/financial - skill level 4
Post transactions to ledger and prepare a trial balance; prepare end of period adjustments and transfers using general journal; prepare financial/tax schedules for periodic tax requirements such as payroll, sales and group tax returns; reconcile general ledger accounts; determine costings by calculating input costs and margins;
Apply detailed knowledge of organisation's credit terms to new accounts and to following up significant debtors, prepare period debtor statements.
(g) Supervisory - skill level 2
Resolve operational problems for staff in lower grades, coordinate work flow within a section or unit, and counsel and advise staff who are under routine supervision.
16.1.7 GRADE 6
16.1.7.1 Employees in this grade perform clerical and administrative duties using a more extensive range of skills and knowledge at a level higher than required in Grade 5. They are responsible and accountable for their own work, and may have responsibility for the work of a section or unit. They exercise initiative, discretion and judgement within the range of their skills and knowledge. Supervision is minimal and only as required.
Relevant skill levels are:
(a) Computer - skill level 5
Operating/coordinating a group of computers such as a small multi-user system or a large group of personal computers which may include operating a help desk, running and monitoring batch jobs and performing regular back-ups and restores.
(b) Enterprise/industry - skill level 6
Apply knowledge of the organisation's objectives, performance, apply specialist knowledge, in areas such as projected growth, product trends and general industry conditions including:
Knowledge of competitors and major clients' market structure in the performance of own responsibilities;
Import/export activities.
Indicative Specialist skills include:
Use knowledge of basic statistics to interpret data from spreadsheets, statistical tables, graphs and frequency tables in the performance of own responsibilities;
Administration of workers' compensation claims, insurance and disputed claims.
(c) Supervisory - skill level 3
Plan and organise work priorities of a unit or section; re-schedule workloads as necessary and resolve operational problems for unit or section; monitor work quality of those supervised; use observations, diagnosis and intervention skills to ensure unit/section meets objectives; organise and chair necessary work meetings/conferences; assist in planning future sectional/office organisational resources and equipment needs.
(d) Business/financial skills - skill level 5
Administer individual salary packages, travel expenses and company transport;
Administer specialist salary and payroll requirements e.g. Eligible Termination Payments, Superannuation Trust Deed Requirements, Redundancy Calculations, Maintenance Support Schemes etc.
(e) Secretarial - skill level 4
As well as having shorthand skills of skill level 3, arrange conferences and external meetings including venues, agendas, documentation, audio-visual requirements, catering, transport and accommodation; originate executive correspondence; assist executive in preparing attending and following up appointments, interviews, meetings, etc; assume responsibility for designated areas of executive's work, on delegated authority.
16.1.8 SUPERVISION - DEFINITIONS
16.1.8.1 The levels of supervision referred to above are defined as follows:
(a) Direct
The employee receives detailed instructions on work to be performed and is subject to frequent personal progress checks.
(b) Routine
The employee receives broad instructions on work to be performed except when new or unusual features require more specific instructions. Work in progress is checked intermittently whilst all work is checked on completion.
(c) General
The employee receives specific instructions only when new procedures or tasks are involved. Work is checked on completion.
(d) Limited
The employee is subject to work checks, which are generally confined to establishing that satisfactory progress is being made. Work is reviewed on completion.
(e) Minimal
The employee is subject to final review/report back on work and may receive assistance with specific problems.
16.1.9 The parties to this Agreement agree to review the classification structure in clause 16.1. The Review will be undertaken during the life of the Agreement.
16.2 Salaries
16.2.1 All adult employees will receive a base rate of pay according to their classification and in line with the amounts set out in clause 16.3.
16.3 Wage Increases & Introductory Classification
16.3.1 Wage increase
Subject to clauses 16.3.2, and Attachment A2, an adult employee in the classifications listed in this Agreement will receive the pay increases set out below which are to be applied to the rate of pay which applied to an employee immediately prior to approval of this Agreement:
(a) an increase of 3% to be applied in the first full pay period on or after 1 July 2014;
(b) a further increase of 3% to be applied in the first full pay period on or after 1 July 2015;
(c) a further increase of 3% to be applied in the first full pay period on or after 1 July 2016;
16.3.2 For the avoidance of doubt, adult employees who immediately prior to the approval of this Agreement were covered by and classified under the AAE Retail ASU Business Development Agreement 2011 or the On Airport Business Development Agreement (AaE/ASU) 2011 will be paid the appropriate classification rate as set out in Attachment A1 or Attachment C2 (as applicable). Such rates are inclusive of the wage increase amounts set out in clause 16.3.1.
16.3.3 Agreement Sign On Bonus
(a) The following one-off cash bonus will be paid to eligible employees employed as at the time the voting period for this Agreement commences and who are still employed at the time that this Agreement is approved by the FWC:
Date of Payment Sign on Cash Bonus Amount
Within 21 days of the date of Approval of this Agreement $500 for full time employees
Within 21 days of the date of approval of this Agreement $250 for part time employees
(b) The bonus in clause 16.3.5(a) will be subject to applicable taxation.
(c) For the avoidance of doubt, "eligible employee" in this clause means a permanent full time or part time employee who is employed at the relevant dates set out in clause 16.3.3(a).
16.3.4 All new employees employed in the Customer Service Centre will be initially classified and paid at Grade 3. After six months of working at the Customer Service Centre an employee will be classified and paid at Grade 4.
16.4 Junior employees
16.4.1 Junior rates will not apply to employees in a permanent position. That is, a permanent employee under 21 years of age will be paid at adult rates. For those employees engaged in temporary, fixed term or casual roles, the appropriate age percentage for the relevant adult grade is as follows:
Age Percentage of adult grades
Under 16 years 45%
At 16 years 50%
At 17 years 60%
At 18 years 70%
At 19 years 80%
At 20 years 90%
16.5 Salary sacrifice
16.5.1 The Company and a permanent employee (full and part time) may agree to enter into a motor vehicle salary sacrifice arrangement whereby part of the purchase price will be sacrificed from pre-tax earnings over an agreed period of time by way of a novated lease.
16.5.2 An employee may, voluntarily, utilise part of his/her pre-tax salary on Superannuation, to the extent permitted by law, the Trust Deed and Rules of the relevant Superannuation Plan.
16.6 Higher duties allowance
16.6.1 Where an employee temporarily undertakes higher position responsibilities on any one day he or she will be paid the higher rate of pay for the whole of the working time on that day.
16.6.2 An employee on development training who is being directly supervised or coached shall not receive additional payment under clause 16.6.1.
16.6.3 Where an employee has acted continuously in a position for more than 12 months and for which he or she has been paid higher duties allowance in accordance with 16.6.1 the employee will advance to the next increment in that position for the purpose of calculating the allowance in accordance with 16.6.1.
16.6.4 Vacant Positions
If:
(a) a position is vacant; and
(b) the position has been filled on Higher Duties Allowance ("HAD") for 12 months or more; and
(c) the position is expected to continue to be required;
then the position will be filled using the normal recruitment and selection process.
16.6.5 StarTrack will not rotate an employee through a vacant position to higher duties as a means of avoiding the intent of clause 16.6.3. Secondments will not be used to avoid permanently filling positions. StarTrack will not use this clause to avoid filling vacancies that exist.
16.6.6 A position will not be considered vacant where the occupant is on approved long term leave that extends beyond 12 months (e.g. parental leave).
16.7 Training
16.7.1 Where, as a result of consultation, it is agreed by StarTrack that, additional training should be undertaken by an employee, the training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours the employee concerned will not suffer any loss of pay. StarTrack will not unreasonably withhold such paid training leave.
16.7.2 Any costs associated with the standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in StarTrack's technical library) incurred in connection with the undertaking of training must be reimbursed by StarTrack upon production of evidence of expenditure to StarTrack's satisfaction. 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.
16.7.3 Travel costs incurred by an employee undertaking training in accordance with this clause which exceeds those normally incurred in travelling to and from work will be reimbursed by StarTrack upon production of evidence of expenditure to StarTrack's satisfaction.
16.7.4 Shift Penalty through Training
For management approved training, employees will be paid according to the hours worked.
16.8 Supported wage system
16.8.1 This clause 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. In the context of this clause, the following definitions will apply:
(a) "Supported wage system" means the Commonwealth Government system to promote employment for people who cannot work at full Agreement wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.
(b) "Accredited 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.
(c) "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.
(d) "Assessment instrument" means the form 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.
16.8.2 Eligibility criteria
(a) Employees covered by this clause 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.
(b) This clause does not apply to any existing employee who has a claim against StarTrack 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.
(c) This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act 1986, or if a part only has received recognition, that part.
16.8.3 Supported wage rates
(a) Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Agreement for the class of work which the person is performing according to the following schedule:
Assessed capacity
(16.8.4) Prescribed Agreement rate
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
(b) Provided that the minimum amount payable shall be not less than $80 per week.
(c) * Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.
16.8.4 Assessment of capacity
For the purpose of establishing the percentage of the Agreement rate to be paid to an employee under this Agreement, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:
(a) StarTrack and the Union, in consultation with the employee or, if desired by any of these;
(b) StarTrack and an accredited assessor from a panel agreed by the parties to the Agreement and the employee.
16.8.5 Lodgement of assessment instrument
(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Agreement wage to be paid to the employee, shall be lodged by StarTrack with the FWC.
(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the Union is party to the Agreement, and is not a party to the assessment, it shall be referred by the FWC to the Union by certified mail and shall take effect unless an objection is notified to the FWC within ten working days.
16.8.6 Review of assessment
The assessment of the applicable percentage should be subject to annual review or earlier 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.
16.8.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this Agreement paid on a pro rata basis.
16.8.8 Workplace adjustment
StarTrack wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
16.8.9 Trial period
(a) In order for an adequate assessment of the employee's capacity to be made, StarTrack may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
(b) During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
(c) The minimum amount payable to the employee during the trial period shall be no less than $80 per week.
(d) Work trials should include induction or training as appropriate to the job being trialled.
(e) Where StarTrack 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 16.8.4.
17. PAYMENT OF WAGES
17.1 Period of payment
Payment of wages for all employees shall be credited to the employee's nominated bank account or credit union on a weekly basis, or such other interval as agreed with the majority of employees and the Union.
18. ALLOWANCES
18.1 Allowances Adjustment
18.1.1 Work related allowances will be adjusted by the same percentages as the wages outlined in clause 16.3.1 of this Agreement, on the dates set out in clause 18.1.3. The work related allowances are First Aid Allowance (clause 18.3), District Allowance (clause 18.7), Disability Allowance (clause 18.8), Social Disability Allowance (clause 18.3.6(a) of Attachment C1) and Multiple Starts Allowance (clause 18.3.6(b) of Attachment C1).
18.1.2 Expense related allowances will be adjusted on the dates set out in clause 18.1.3. Such adjustments will be in accordance with the annual percentage increase in the relevant component of the CPI for the preceding quarter. The expense related allowances are Meal Allowance (clause 18.2) and Airport Transport Allowance (clause 18.2.3 of Attachment C1). The relevant component of the CPI for Meal Allowance is "Meals Out Take Away". The relevant component of the CPI for the Airport Transport Allowance is "Private Motoring".
18.1.3 For the purposes of the allowances referred to in clauses 18.1.1 and 18.1.2, annual adjustments will take place on the first full pay period after this Agreement is approved, and the first full pay periods on or after 1 July 2015 and 1 July 2016.
18.1.4 Allowance rates are at Attachment A1.
18.2 Meal allowance
18.2.1 The prescribed meal allowance for the purposes of this Agreement is as set out in Attachment A1. The prescribed meal allowance is not paid where StarTrack provides the employee with a meal.
18.2.2 An employee will be paid the prescribed meal allowance and will be entitled to a paid meal break of twenty minutes in addition to any overtime payment, as follows:
(a) Where required to work beyond one hour after his or her usual finishing time and beyond 6.00 p.m. or where two or more hours overtime is worked. Where such overtime exceeds five hours, a further meal allowance will be payable.
(b) When required to work more than five hours on a Saturday, Sunday or a public holiday. A further meal allowance will be paid when an employee is required to work more than nine hours on such a day and thereafter at the end of each additional four hours' work, provided the employee continues working after each qualifying period.
18.2.3 If an employee has provided their own meal after being notified that they are required to work in any of the circumstances outlined above and is not required to do so, the employee will be paid the prescribed meal allowance for the superfluous meal.
18.3 First aid allowance
18.3.1 An employee, who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate for the St. John's Ambulance or similar body, will be paid an allowance per week as set out in Attachment A1, if the employee is appointed by StarTrack to perform first aid.
18.4 Protective clothing and equipment
18.4.1 Any StarTrack employee may be required to wear a uniform. Where an employee is required to wear a uniform the uniform will be supplied by StarTrack in accordance with StarTrack policy.
18.4.2 Where necessary StarTrack will supply all appropriate protective clothing and equipment, which shall be used by the employee concerned in accordance with StarTrack policy.
18.4.3 Where ever practical and price competitive StarTrack will source the supply of the article of clothing/uniforms from local suppliers.
18.5 Vehicle allowance
18.5.1 An employee who utilizes their own motor vehicle on StarTrack business shall be paid an allowance consistent with StarTrack policy manual.
18.6 Living away from home allowance
18.6.1 Where an employee is required to work away from his or her usual place of duty at some place other than his or her home town, the employee must be paid in accordance with existing practices.
18.6.2 Where an employee is required to work at a location away from his or her usual place of duty which does not necessitate leaving his or her home town, the employee will be paid the following:
(a) any excess fares over what are normally incurred for travelling upon production of evidence of expenditure to StarTrack's satisfaction; and
(b) at the ordinary rate of pay for any time in excess of the time normally spent in travelling from the employee's home to his or her usual place of duty and returning.
18.7 District allowance
18.7.1 Where an employee is engaged to work in a location that would attract a District Allowance as provided for in clause 19.8 of the Clerks - Private Sector Award 2010 the employee will be paid a District Allowance in accordance with the provisions of such clause. The allowance rate will be adjusted in accordance with clause 18.1.1 of this Agreement.
18.7.2 For the avoidance of doubt, where a District Allowance ceases to be provided for under the Clerks - Private Sector Award 2010 such allowance will also cease to be provided under this Agreement.
18.8 Disability allowance
18.8.1 If significant disabilities occur for a period of two weeks or more because of construction, reconstruction, alteration, major repair or other like work at or in the immediate vicinity of the premises in which the employees are required to work, employees will be paid the following allowances from the date of the application:
(a) If the construction work involved excessive fumes, noise and dust through construction vehicles, drilling, electric saws and jack hammering, form work and concrete pours - an allowance per hour as set out in Attachment A1.
(b) If the construction work involves noise and dust to a limited degree due to alterations and/or the removal or installation of plant and machinery and a marked reduction in workspace - an allowance per hour as set out in Attachment A1.
18.8.2 The date of effect for the allowance will be from the date of the claim and subject to the existence of the disability.
18.8.3 The disability allowance will not be included with the wage rates for all purposes of the Agreement.
19. TNA - TRAINING NEEDS ANALYSIS / SKILLS AUDIT AND TRAINING PLAN
19.1 StarTrack agrees to work towards the development of a formal and structured TNA training needs analysis of employees at all major ports.
19.2 The TNA process is to be planned and commenced within the first 12 months of the new Agreement.
19.3 StarTrack to provide relevant support and resources where necessary to assist with the task of conducting the TNA.
20. SUPERANNUATION
StarTrack is to contribute on behalf of employees covered by this Agreement a payment as prescribed under the Superannuation Government Guarantee to a compliant employee approved choice of fund where one is nominated.
PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK
21. HOURS OF WORK
21.1 General
21.1.1 The ordinary time for employees (required to work Shiftwork/day work) shall be 152 hours over 20 days with a maximum of 20 appearances.
21.1.2 Ordinary hours shall be 38 hours per week with no "Z" day or 40 hours per week involving a "Z" day.
21.1.3 Where "Z" days apply, the parties agree that "Z" days will either be rostered as days off or taken in conjunction with annual leave.
21.1.4 It is agreed a maximum of 12 "Z" days may be accrued at any time, and any subsequent accrual i.e. the 13th day will be paid out at the time of accrual. However, where an agreed 13th day is not able to be taken due to operational reasons, an alternative 13th day is to be agreed between the employee and StarTrack i.e. the 13th day is not to be paid out automatically.
21.1.5 Accruals up to 12 days may only be paid out at the employee's request and approved by StarTrack. "Z" days are paid out at ordinary time only.
21.1.6 Ordinary hours worked on a daily basis may be varied between 7.6 and 10 hours to ensure the efficient allocation of employees to meet the operations workload demands. It will be further open to the parties to reach agreement as to the working of up to a 12 hour shift, subject to agreement being reached in line with ACTU guidelines on:
(a) Proper health and stress monitoring;
(b) Suitable roster arrangements being made;
(c) Proper supervision being provided;
(d) Adequate breaks being provided;
(e) Implemented through the consultative process; and
(f) Proper arrangement in relation to staff penalties, sick leave, workers compensation, long service leave and overtime being agreed.
21.1.7 It is the intention that the introduction of changes in daily hours, beyond 10 hours will be by agreement at the site level and the employees/Union (where at least one affected employee is a member of the Union) will not unreasonably withhold agreement. Should agreement not be achieved the matter may be referred to the FWC through the Dispute Settlement procedure.
21.1.8 Ordinary hours worked shall be between the hours of 7.00am and 7.00pm Monday to Friday, and 7.00am and 12.30pm Saturday. Employees engaged by StarTrack prior to the approval of this Agreement may, within three months of this Agreement being approved, elect to opt out of being rostered on a Saturday. All employees employed by StarTrack after the date of approval of this Agreement will be required to be available to work during the full spread of hours set out in this clause, subject to any approved flexible working arrangements under the Act.
21.1.9 StarTrack will make reasonable endeavours to ensure that employees are provided with two consecutive days off work each week, but for where an employee requests that only one day's break be provided.
21.2 Start and Finishing times
21.2.1 Starting and finishing times once fixed will not be altered without seven days' notice being given by StarTrack to the employee. Once having been determined the starting and finishing times may be varied by agreement between StarTrack and the employee to suit the circumstances of the establishment or, in the absence of agreement, by seven days' notice of alteration given by StarTrack to the employee.
21.3 Make-up time
21.3.1 An employee may elect, with the consent of StarTrack, to work make-up time, under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Agreement at ordinary rates.
21.4 Rostered days off
21.4.1 This clause shall only apply where "Z" days are accrued in accordance with clause 21.1. For the avoidance of doubt "Z" days and rostered day's off are interchangeable terms for the purpose of this Agreement.
21.4.2 An employee's normal rostered day off may be changed during a roster period by agreement between StarTrack and the employee or in the absence of agreement by StarTrack giving two working days' notice of such alteration, to the employee.
21.4.3 For each of the nineteen days worked as provided in clause 21.1 employees will work up to a maximum of eight ordinary hours of work per day, and payment will be for a maximum of 7 hours and 36 minutes per day with accrual for entitlement for a rostered day off being made on the basis of a maximum of 24 minutes per day.
21.4.4 Absences from duty
(a) Where an employee is absent from duty (other than annual leave, long service leave, public holidays, personal leave, parental leave, accident make-up pay up to five days or jury service) the employee for each day absent will lose average pay for each such day calculated by dividing the average weekly rate by five.
(b) An employee who is absent for part of a day will lose average pay for each hour the employee is absent by dividing the employee's average weekly rate by 38.
(c) An employee who is absent from duty will not accrue the entitlement for a normal rostered day off. The employee will take the day off as rostered but will be paid, in respect of the week during which the rostered day off is taken the employee's weekly pay less an amount calculated according to the following formula:
Number of days absent during cycle x daily accrual entitlement x Average ordinary weekly pay
38
(where the daily accrual entitlement is that outlined in clause 21.4.3)
(d) Where an employee takes long service leave, entitlement to accrue towards a rostered day off will cease. The employee will be paid the value of accrued entitlement outstanding on the last day of work prior to taking long service leave.
21.4.5 An employee absent from work by virtue of an incapacity which has resulted from an injury received under circumstances which entitle an employee to receive workers compensation does not accrue rostered day off entitlements during the period of absence. Upon resumption of work the entitlement period for accrual will resume and the employee will be entitled to take a rostered day off when such accrual is complete.
21.4.6 Substitute days
(a) StarTrack may substitute an employee's rostered day off for another day in the case of breakdown of plant and equipment or a failure or shortage of electric power or to meet the requirements of the business, or some other emergency situation.
(b) An individual employee, with the agreement of StarTrack, may substitute the day to take off for another day.
22. SHIFTWORK & SHIFT LOADINGS
22.1 General
22.1.1 Shiftwork may be worked where an employee is required to work in direct association with or in conjunction with other employees who are working shiftwork directly connected with the handling of goods in the road transport industry and where the working of shifts by employees is an essential part of the operation.
22.1.2 For the avoidance of doubt, this clause provides for shift loadings which are payable to all employees (where deemed to be performing Shiftwork for the purposes of this clause) who work ordinary time outside the span of ordinary hours in clause 21.1.8.
22.1.3 The overtime provisions in clause 25 will apply to employees where they are working hours in excess of their ordinary time. The provisions of this clause will not apply to overtime work.
22.2 Definitions
22.2.1 For the purposes of this clause:
(a) "Afternoon Shift" means any shift finishing after 7.00 p.m. and at or before midnight (subject to Attachment A3).
(b) "Night Shift" means any shift finishing after midnight and at or before 8.00 am.
(c) "Permanent Night Shift" means a night shift which does not rotate with another shift or day work and which continues for a period of not less than four consecutive weeks.
(d) "Shiftwork" means work undertaken on Afternoon Shift, Night Shift or Permanent Night Shift, and includes Permanent Shiftwork. Employees will only receive the benefits of the entitlements in this clause for the duration of the time spent working on Shiftwork.
(e) "Permanent Shiftwork" is worked where an employee predominantly works Shiftwork but is rostered to work, in the normal course of their roster, during the span of ordinary hours in clause 21.1.8. Employees working Permanent Shiftwork will receive the entitlements in this clause for all hours worked.
22.3 Special provisions for working Shiftwork
22.3.1 Ordinary hours will be worked continuously except for rest breaks.
22.3.2 Rosters
(a) Shift rosters will specify the commencing time and finishing times of ordinary working hours of the respective shift. A copy of the shift roster will be kept posted in a prominent place.
(b) The shift roster will not be altered unless seven days' notice is given.
22.3.3 The method of working shifts, that is shifts less than 7.6 hours or beyond 10 hours may be varied by agreement between StarTrack and the majority of employees, to suit the circumstances of the establishment.
22.3.4 Additional payments for ordinary work hours
(a) Monday to Friday
An employee working Shiftwork will, for all work done during ordinary hours of any shift be paid in addition to the ordinary rates prescribed by clause 16.2, the following additional percentages:
Shift At the rate of
Afternoon Shift 17%
Night Shift 20%
Permanent Night Shift 30%
(b) Saturdays, Sundays and public holidays
(i) Employees undertaking Shiftwork (as defined in clause 22.2) on a Saturday, Sunday or public holiday will be paid in accordance with the relevant provisions in clause 24 - Saturday, Sunday and public holiday rates. For the avoidance of doubt, employees working Permanent Shiftwork will be paid in accordance with clause 24.1.3.
(ii) Where ordinary Shiftwork hours commence between 11.00 p.m. and midnight on a Sunday or public holiday, the ordinary time worked before midnight will not entitle the employee to the Sunday or public holiday rate.
(iii) The time worked by an employee on Shiftwork which commences before midnight on the day preceding a Sunday or public holiday and extends into a Sunday or a public holiday will be regarded as time worked on the Sunday or public holiday.
(c) Meal break
At least twenty minutes will be allowed to an employee working on Shiftwork, for a meal during each shift before the expiration of five hours. Such meal break will be regarded as time worked. For the avoidance of doubt, an employee working Shiftwork will be entitled to a 20 minute paid break for every five (5) hours worked.
22.4 Restrictions on shiftwork
22.4.1 No employee under eighteen years of age will be rostered to work on Shiftwork.
22.4.2 No employee under 21 years of age will be employed on Night Shift.
22.5 Allocation of overtime and rostering
22.5.1 Employees covered by this Agreement will not be unlawfully discriminated against in roster and overtime allocation.
22.5.2 Any reports of unlawful discrimination will be dealt with in accordance with StarTrack's Anti-Discrimination Policy.
23. BREAKS
23.1 Meal period
23.1.1 An unpaid meal break of not less than 30 minutes and not more than one hour will be allowed to each employee (other than for employees working on shiftwork who will be entitled to breaks in accordance with clause 22.3.4(c)).
23.1.2 The meal break will be taken no later than five hours after the employee commences work.
23.1.3 Overtime rates will be paid to an employee, for work done at the direction of StarTrack during the employee's meal period and for all further work until a meal period is allowed.
23.2 Rest periods
23.2.1 Customs and practices existing as at the commencement of this Agreement will continue.
24. SATURDAY, SUNDAY AND PUBLIC HOLIDAY RATES
24.1 Saturday work
24.1.1 All work performed on a Saturday during the ordinary spread of hours and worked as ordinary time will be paid at the rate of time and a quarter.
24.1.2 An employee who works ordinary time on a Saturday, any time of which falls outside of the ordinary spread of hours, will be paid a loading of 50% for all hours worked during such shift. Such employees will also be entitled to the meal break provided for in clause 22.3.4(c).
24.1.3 An employee working shiftwork on a Saturday will be paid at the rate of time and a half for all ordinary hours worked. For the purposes of this clause, an employee will be deemed to be working shiftwork on a Saturday where they have been engaged on Shiftwork for 100% of ordinary time worked in the preceding week's roster period, or they are engaged on Permanent Shiftwork. Where this threshold is not met, an employee will be paid in accordance with clauses 24.1.1 and 24.1.2.
24.1.4 All work performed outside of ordinary time (whether the employee is working shiftwork on the Saturday or otherwise) will be paid at overtime rates as set out in clause 25.1.
24.1.5 The penalty rates prescribed in this clause are in substitution for and not cumulative on the shift allowances prescribed in clause 22.2.4(a).
24.2 Sunday and public holiday work
24.2.1 An employee will be paid a minimum of four hours at the rate of double time for work done on a Sunday.
24.2.2 An employee required to work on a public holiday or substitute day as provided in clause 29 - Public Holidays, will be paid a minimum of four hours at the rate of double time and one half provided the employee is available for work during this period.
24.2.3 The penalty rates prescribed in this clause are in substitution for and not cumulative on the shift allowances prescribed in clause 22.2.4(a), 24.1.2 or 24.1.3.
25. OVERTIME
25.1 Payment for working overtime
25.1.1 An employee will be paid overtime at the rate of time and a half for the first two hours and double time thereafter for all time worked:
(a) in excess of the employee's ordinary hours per day or per week;
(b) before the rostered commencement time on any day; or
(c) after the rostered finishing time on any day.
25.1.2 In computing overtime for an employee each day's work stands alone.
25.2 Saturday work
25.2.1 An employee required to work overtime on a Saturday will be paid for a minimum of three hours at the overtime rates set out in clause 25.1.1, except where such hours are continuous with ordinary hours being worked on a Saturday.
25.3 Sunday and holiday work
25.3.1 The rates set out in clause 24 - Saturday, Sunday and Public Holiday Rates, will apply to employees working overtime on a Sunday or public holiday.
25.4 Special rates not cumulative
25.4.1 The overtime rates prescribed in this clause are in substitution for and not cumulative on the shift allowances prescribed in clause 22.2.4.
25.5 Payment of overtime for part time employees
25.5.1 A part time employee will be paid at the overtime rates provided for in clause 25.1 where:
(a) the part time employee's daily hours exceed the daily rostered hours of an equivalent full time employee; or
(b) the weekly single time hours of the part time employee exceed 38.
25.5.2 Where a part time employee is required to work additional hours beyond the part time employee's agreed part time hours, and these additional hours do not attract overtime as provided for in clause 25.5.1 the additional hours will be paid at single time. Provided that each additional hour worked at single time will also count for the purpose of superannuation, annual leave, sick leave, and long service leave and for the calculation of Termination of Employment and Redundancy.
25.6 Meal allowance
25.6.1 An employee required to work overtime on Shiftwork in excess of one hour will be paid a meal allowance as prescribed in clause 18.2. If overtime exceeds five hours on any shift a further meal allowance will be paid.
25.7 Rest break
25.7.1 An employee working overtime will be allowed a rest break of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such rest break.
25.7.2 Unless the period of overtime is less than one and a half hours an employee before starting overtime and after working ordinary hours will be allowed a meal break of twenty minutes which will be paid for at ordinary rates. StarTrack and the employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that StarTrack will not be required to make any payment of any time allowed in excess of twenty minutes.
25.8 Rest period after overtime
25.8.1 An employee, after the completion of overtime work performed on the specific instruction of StarTrack after the usual ceasing time, will be entitled to be absent until the employee has had ten (10) consecutive hours off duty without deduction of pay for ordinary time of duty occurring during such absence.
25.8.2 If on the instructions of StarTrack, an employee resumes work without having had ten (10) consecutive hours off duty, the employee will be paid at the rate of double time until the employee is relieved from duty. The employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without deduction of pay for ordinary time off duty occurring during the absence.
25.9 Return to duty
25.9.1 Where an employee is required to return to duty after the employee's usual finishing time for that day the employee is entitled to be paid at the overtime rates provided in clause 25.1, but will receive a minimum payment as for three hours work. This clause does not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion of ordinary working time.
25.10 Time off in lieu of payment for overtime
25.10.1 An employee may elect, with the consent of StarTrack, to take time off in lieu of payment for overtime at a time or times agreed with StarTrack.
25.10.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate that is an hour for each hour worked.
25.10.3 StarTrack will, if requested by the employee, provide payment, at the rate provided for the payment of overtime in the Agreement, for any overtime worked under clause 25.1.1 where such time has not been taken within four weeks of accrual.
25.11 Transport of employee
25.11.1 StarTrack shall provide the employee with transport to or from his or her usual place of residence or the place where he or she leaves his or her own mode of transport when he or she works authorised overtime:
(a) and the usual or reasonable means of transport are not available; or
(b) where the overtime is performed before 6.30 a.m. or after 8.00 p.m.
PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
26. ANNUAL LEAVE
26.1 Period of annual leave
26.1.1 For each year of service an employee is entitled to four weeks (ie the number of days which are worked in a four week period) of paid annual leave. The entitlement to annual leave accrues progressively during each year of service according to the employee's ordinary hours of work and accumulates from year to year.
26.2 Payment for period of annual leave
26.2.1 Before an employee proceeds on annual leave he or she will be paid any monies then due in respect of the annual leave being taken or which may accrue during the period of leave.
26.3 Annual leave loading
26.3.1 On taking a period of annual leave an employee will be paid a loading at his or her ordinary rate of pay for each completed year of service for which annual leave is payable, as follows:
(a) Day workers
An employee who would have worked on day work only had the employee not been on leave - a loading of 17« %.
(b) Shift workers
An employee who would have worked on shift work had the employee not been on leave - the greater of:
(i) a loading of 17« %; or
(ii) the shift loading as prescribed in clause 22.3.4, that would have been payable for the shifts worked had the employee not been on leave.
26.3.2 The loadings prescribed by this clause, will apply to periods of leave accrued on termination.
26.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
26.4 Time of taking annual leave
26.4.1 Subject to Appendix A3, annual leave will be taken at a time mutually agreed upon between StarTrack and the employee, or in the absence of agreement at a time fixed by StarTrack within a period not exceeding two years from the date when the right to annual leave accrued and after not less than six weeks' notice to the employee.
26.5 Annual leave in one or more separate periods
26.5.1 Annual leave may, by agreement between StarTrack and the employee, be taken in one, two or three separate periods, one of which will be not less than two weeks.
26.5.2 An employee may elect, with the consent of StarTrack, to take annual leave in single day periods not exceeding a total of five days in any calendar year at a time or times agreed between them.
26.6 Annual leave allowed before due date
26.6.1 StarTrack may allow an employee to take annual leave in advance before the annual leave becomes due. In such a case, a further period of annual leave will not commence to accrue until after the advance annual leave taken by the employees has been acquitted.
26.7 Rostered days off
26.7.1 Upon an employee taking annual leave, the work cycle in respect of which the employee becomes entitled to a weekly accrual for a rostered day off will be suspended and the employee will not be entitled to further accrual until the employee's return from annual leave.
26.7.2 Upon resumption of work, the entitlement of accrual will resume and the employee will be entitled to be rostered to take a day off, and so will take a rostered day off upon completing the balance of the work cycle.
26.8 Annual leave on termination of engagement
26.8.1 All accrued but unused annual leave will be paid to an employee on termination of their employment.
26.9 Records of annual leave
26.9.1 StarTrack must, for each employee, keep or cause to be kept an annual leave record showing the date of commencement of employment, the date on which the last leave became due, and the date upon which the last leave was taken.
26.10 Additional Leave For Seven-Day Shiftworkers
26.10.1 For the purposes of the additional week of annual leave provided for in the NES a shiftworker is a seven day shiftworker if they are regularly rostered to work, and perform work, on Sunday and public holidays.
27. PERSONAL LEAVE
27.1 The provisions of this clause apply to permanent full-time and part-time employees, but do not apply to casual employees except as provided in clause 27.6.4.
27.2 Amount of paid personal leave
27.2.1 Paid personal leave will be available to an employee when they are absent due to:
(a) personal illness or injury (sick leave); or
(b) for the purposes of caring for an immediate family or household member that is sick and requires the employee's care and support or who requires care due to an unexpected emergency (carer's leave).
27.2.2 For each year of service a full time employee is entitled to 76 hours (ie the equivalent of ten days of 7.6 hours) of paid personal leave. The entitlement to personal leave accrues progressively during each year of service according to the employee's ordinary hours of work and accumulates from year to year.
27.3 Immediate family or household
27.3.1 The entitlement to carer's or compassionate leave is subject to the person in respect of whom the leave is taken being either:
(a) a member of the employee's immediate family; or
(b) a member of the employee's household.
27.3.2 The term "immediate family" includes:
(a) spouse (including a former spouse, a de facto spouse, a former de facto spouse or same sex partner) of the employee. A de facto spouse means a person who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
(b) child or an adult child (including an adopted child, a step child, foster child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
27.4 Sick leave
27.4.1 Definition
Sick leave is leave to which an employee, other than a casual employee, is entitled without loss of pay because of his or her personal illness or injury.
27.4.2 Employee must give notice
An employee will inform StarTrack prior to the commencement of duty, or within two (2) hours of the rostered commencement of duty (where reasonably practicable to do so), of his or her inability to attend for duty and as far as practicable, state the nature of the illness or injury and the estimated duration of the absence.
27.4.3 Evidence supporting claim
(a) An employee will produce or forward within 48 hours of the commencement of the absence, evidence reasonably satisfactory to StarTrack that his or her non-attendance was due to personal illness or injury necessitating such absence. A signed Statutory Declaration will be accepted only for single day absences as evidence of leave taken on account of illness or injury where no certificate from a duly qualified medical practitioner can be provided.
(b) Two single day absences per year may be taken without the necessity to provide a certificate from a duly qualified medical practitioner or statutory declaration.
27.4.4 The effect of workers' compensation
An employee will not be entitled to sick leave on full pay for any period in respect of which the employee is entitled to workers' compensation.
27.5 Compassionate leave
27.5.1 A full-time employee is entitled to up to 2 days compassionate leave without loss of pay on each occasion and on production of reasonably satisfactory evidence (if required by StarTrack) of the death in Australia of either a member of the employee's immediate family or household or upon a member of the employee's immediate family or household contracting or developing a personal illness or injury that poses a serious threat to his or her life.
27.5.2 Death outside Australia
A full-time employee, in addition to the entitlement in clause 27.5.1, is entitled to up to 2 days compassionate leave without loss of pay on each occasion, and on production of reasonably satisfactory evidence (if required by StarTrack) of the death outside Australia of either a member of the employee's immediate family or household, where the employee travels outside Australia to attend the funeral.
27.5.3 Part-time employees
A part-time employee is entitled to two days compassionate leave without loss of pay, on the same basis as prescribed for full-time employees in clauses 27.5.1 and 27.5.2.
27.5.4 Unpaid compassionate leave
Where an employee has exhausted all compassionate leave entitlements, the employee is entitled to take unpaid compassionate leave. The employer and employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time employee is entitled to take up to two (2) days unpaid leave, provided the requirements of clauses 27.5.1 and 27.5.2 are met. A part-time employee is also entitled to take up to two days of unpaid leave, provided that the requirements of clause 27.5.3 are met.
27.6 Carer's leave
27.6.1 Personal leave entitlement
(a) An employee is entitled to use personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. This entitlement is subject to the employee being responsible for the care and support of the person concerned.
(b) In normal circumstances an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.
27.6.2 Notification and evidence requirements
(a) When taking carer's leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform StarTrack of their inability to attend for duty. If it is not reasonably possible to inform StarTrack during the ordinary hours of the first day or shift of such absence, the employee will inform StarTrack within 24 hours of such absence.
(b) The notice must include:
(i) the reasons for taking such leave; and
(ii) the estimated length of absence.
(c) Evidence required:
(i) When taking 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 StarTrack, establish by production of evidence to StarTrack's satisfaction, the illness or injury of the person concerned and that such illness or injury requires care by the employee.
(ii) When taking 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 StarTrack, establish by production of documentation acceptable to StarTrack (which may include a medical certificate) or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
27.6.3 Unpaid Carer's Leave
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid carer's leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. StarTrack and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days of unpaid leave per occasion, provided the requirements of 27.6.2 are met.
27.6.4 Caring responsibilities - Casual employees
(a) Subject to the evidentiary and notice requirements in 27.6.2 casual employees are entitled to not be available to attend work, or to leave work:
(i) if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or
(ii) upon the death in Australia of an immediate family or household member.
(b) StarTrack and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
(c) StarTrack must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
28. PARENTAL LEAVE
NOTE: The provisions of clause 28 should be read in conjunction with the NES.
Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to request to work part-time in connection with the birth or adoption of a child. The provisions of this clause apply to full-time, part-time and eligible casual employees, but do not apply to other casual employees.
An "eligible casual employee" means a casual employee:
(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and
(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.
For the purposes of this clause "continuous service" is work for an employer on a regular and systematic basis (including any period of authorized leave or absence).
An employer must not fail to re-engage a casual employee because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
28.1 Definitions
28.1.1 For the purposes of this clause:
(a) "child" means a child of the employee under school age, or a person under 16 years of age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.
(b) Subject to (c), "spouse" includes a de facto spouse or former spouse.
(c) In relation to clause 28.5, "spouse" includes a de facto spouse but does not include a former spouse.
28.2 Basic entitlement
28.2.1 After twelve months' continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption. The 52 week period may be extended in accordance with the provisions of the NES.
28.2.2 Subject to clause 28.3.7 parental leave is to be available to only one parent at a time in a single unbroken period, except that both parents may simultaneously take parental leave (which includes maternity, paternity and adoption leave), an unbroken period of up to eight (8) weeks at the time of the birth of the child, subject to the requirements of the NES.
28.3 Maternity leave
28.3.1 Where an employee proceeds on maternity leave in accordance with this clause the first ten (10) weeks of an employee's maternity leave will be paid at the employee's ordinary rate of pay at the time that the period of maternity leave commences. Upon the employee returning to work and completing an additional six months of Continuous Service, a further four (4) weeks of maternity leave will be paid to the employee.
28.3.2 An employee must provide notice to StarTrack of their intention to take parental leave in advance of taking the leave. Specifically, an employee must notify StarTrack:
(a) at least 10 weeks before commencing parental leave of the intended start and end dates (to be included in a certificate from a registered medical practitioner stating that the employee is pregnant); and
(b) at least 4 weeks prior to the date on which the employee proposes to commence maternity leave confirmation of or changes to the notified start and end dates.
28.3.3 When the employee gives notice under clause 28.3.2(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
28.3.4 An employee will not be in breach of this clause if the failure to give the stipulated notice period is because of the birth occurring earlier than the presumed date.
28.3.5 Subject to clause 28.3.2 and unless agreed otherwise between StarTrack and the employee, the employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.
28.3.6 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, StarTrack may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
28.3.7 Special Maternity Leave
(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
(b) Where an employee has an accrued personal leave entitlement the employee may take such leave to which she is entitled in lieu of, or in addition to, special maternity leave.
(c) Where an employee not then on maternity leave suffers illness related to her pregnancy she may take any unpaid leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid personal leave, special maternity leave and parental leave including parental leave taken by a spouse may not exceed 52 weeks, unless provided for in the NES.
28.3.8 Where leave is granted under clause 28.3.5 during the period of leave an employee may return to work at any time, as agreed between StarTrack and the employee.
28.4 Paternity Leave
28.4.1 An employee will provide StarTrack, at least ten weeks prior to each proposed period of paternity leave, with:
(a) a certificate from a registered medical practitioner which names the employee's spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
(b) written notification of the dates on which the employee proposes to start and finish the period of paternity leave; and
(c) except in relation to leave taken simultaneously with the child's mother under clauses 28.2.2 and 28.11.1(a), a statutory declaration stating:
(i) the employee will take that period of paternity leave to become the primary care-giver of a child;
(ii) particulars of any period of maternity leave sought or taken by his spouse; and
(iii) that for the period of paternity leave the employee will not engage in any conduct inconsistent with his contract of employment.
28.4.2 The employee will not be in breach of clause 28.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
28.4.3 For the avoidance of doubt "spouse" in this clause has the meaning given to it in clause 27.3.2(a) of the Agreement.
28.5 Adoption Leave
28.5.1 The employee will notify StarTrack at least ten (10) weeks in advance of the date of commencement of adoption leave of the intended start and end dates of leave. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
28.5.2 Before commencing adoption leave, an employee will provide StarTrack with a statutory declaration stating:
(a) the employee is seeking adoption leave to become the primary care-giver of the child;
(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and
(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
28.5.3 StarTrack may require an employee to provide confirmation from the appropriate government authority of the placement.
28.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify StarTrack immediately and StarTrack will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.
28.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
28.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and StarTrack should agree on the length of the unpaid leave. Where agreement cannot be reached the employee is entitled to take up to two days' unpaid leave. Where paid leave is available StarTrack may require the employee to take that leave instead.
28.6 Variation Of Period Of Parental Leave
28.6.1 Where an employee takes leave under clause 28.2.1 or 28.11.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change must be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in clause 28.2 or the right to request in clause 28.11.
28.7 Parental Leave And Other Entitlements
28.7.1 An employee may in lieu of or in conjunction with parental leave, access any annual or long service leave entitlements, which they have accrued, subject to the total amount of leave not exceeding 52 weeks or as permitted by the NES.
28.8 Transfer To Safe Job
28.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if StarTrack deems it practicable, be transferred to a safe job until the commencement of maternity leave.
28.8.2 If the transfer to a safe job is not practicable, the employee may elect, or StarTrack may require the employee, to commence leave for such period as is certified necessary by a registered medical practitioner.
28.8.3 Employees will be entitled to the paid and unpaid leave entitlements relevant to no safe job leave set out in the NES.
28.9 Returning To Work After A Period Of Parental Leave
28.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
28.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 28.8 the employee will be entitled to return to the position they held immediately before such transfer.
28.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
28.10 Replacement Employees
28.10.1 A replacement employee is an employee specifically engaged, or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
28.10.2 Before an employer engages a replacement employee StarTrack must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
28.11 Right to Request
28.11.1 An employee entitled to parental leave pursuant to the provisions of clause 28.2 may request the company to allow the employee:
(a) to extend the period of simultaneous unpaid parental leave provided for in clause 28.2.2;
(b) to extend the period of unpaid parental leave provided for in clause 28.2.1 by a further continuous period of leave not exceeding 12 months;
(c) to return from a period of parental leave on a part-time basis until the child reaches school age, to assist the employee in reconciling work and parental responsibilities.
28.11.2 StarTrack shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable business grounds related to the effect on the workplace or the company's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
28.11.3 Employee's request and employer's decision to be in writing
The employee's request and the employer's decision made under clauses 28.11.1(b) and 28.11.1(c) must be recorded in writing.
28.11.4 Request to return to work part-time
Where an employee wishes to make a request under clause 28.11.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
28.12 Communication During Parental Leave
28.12.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:
(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
28.12.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
28.12.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with clause 28.12.1.
29. PUBLIC HOLIDAYS
29.1 Prescribed public holidays
29.1.1 An employee, other than a casual, will be entitled to the following public holidays without loss of pay:
(a) New Year's Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter Saturday;
(e) Easter Monday;
(f) Anzac Day;
(g) Birthday of the Sovereign;
(h) Labour Day;
(i) Christmas Day; and
(j) Boxing Day (except in South Australia, where Proclamation Day will apply).
29.1.2 In addition to the public holidays prescribed in 29.1.1, full-time employees are entitled to one additional public holiday without loss of pay. The additional public holiday, which applies in each State, is:
(a) Northern Territory
The day shall be Picnic day.
(b) Queensland
The day shall be Exhibition Day or local show day.
(c) Victoria
(i) Within 40 kilometres of the GPO Melbourne - Melbourne Cup Day.
(ii) In any other district - one day for which a whole or part holiday for the public service is gazetted for the district or, in default thereof, a day agreed to by StarTrack and the majority of employees concerned.
(d) South Australia
The day shall be the third Monday in May (Adelaide Cup Day).
(e) Tasmania
The day shall be allowed on Regatta Day in Southern Tasmania and on Bank Holiday in Northern Tasmania.
(f) Western Australia
The day shall be allowed on Foundation Day (State).
(g) New South Wales
One additional day or equivalent as arranged between the parties.
(h) Canberra
One additional day or equivalent as arranged between the parties.
29.2 Public holidays falling on a weekend
29.2.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 27 December.
29.2.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 28 December.
29.2.3 When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on the following Monday.
29.3 Prescription of additional days
29.3.1 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 29.1.1, 29.1.2 and 29.2, those days will constitute additional holidays for the purpose of this Agreement.
29.4 Substitution of other days
29.4.1 StarTrack, with the agreement of the majority of employees, may substitute another day for any prescribed in this clause.
29.4.2 An agreement pursuant to 29.4.1, will be recorded in writing and be available to every affected employee.
30. COMMUNITY AND JURY SERVICE
30.1 This clause of the Agreement supplements the provisions of the NES which deal with community service leave.
30.2 An employee who engages in an eligible community service activity is entitled to be absent from his or her employment for a period to undertake eligible community service.
30.3 Eligible community service activity means jury service (refer clause 30.5) or voluntary emergency management activities as defined by the NES.
30.4 Notice
30.4.1 An Employee who wants an absence from his or her employment to be covered by this clause must give the Company notice of the absence as soon as practicable and must advise the expected period of the absence.
30.5 Reimbursement for Jury Service
30.5.1 An employee required to attend for jury service during his or her ordinary hours of work, will be reimbursed by StarTrack an amount equal to the difference between the amounts paid in respect of the employee's attendance for such jury service and the amount of wage the employee would have worked had the employee not been on jury service.
30.5.2 An employee will notify his or her employer as soon as possible of the date upon which he or she is required to attend for jury service.
30.5.3 The employee will also give StarTrack evidence to StarTrack's satisfaction of attendance, the duration of such attendance and the amount received in respect of such jury service.
PART 8 - OCCUPATIONAL HEALTH AND SAFETY
31. ENVIRONMENTAL HEALTH AND SAFETY (EH&S)
31.1 StarTrack acknowledges its responsibility for providing a safe and healthy working environment. To this end, StarTrack will so far as is reasonably practicable provide safe systems of work, ensure that there are no unsafe conditions and provide necessary training and information for employees.
31.2 Employees are required to acknowledge their responsibility for working in a safe manner and taking reasonable care of their own and others' safety while at work. Employees will co-operate with StarTrack initiatives to improve safety and follow all required environmental, health and safety policies and procedures.
32. HEAVY ARTICLES
32.1 StarTrack shall ensure that hazard identification is undertaken relating to tasks that involve heavy articles. StarTrack will also develop and adopt preventative measures pursuant to each state or territory legislation.
33. WEIGHT LIMITATIONS
33.1 Weight limitations are to be determined following consultation with the OH&S representative and OH&S Committees.
33.2 StarTrack shall conduct accredited manual handling training as necessary.
33.3 An employee will not be required to lift an item that is outside the weight limitations or the safe lifting weight for that employee.
34. BLOOD DONORS
34.1 An employee, who with the consent of StarTrack, is absent during ordinary working hours for the purpose of donating blood will not have his/her pay, deducted, up to a maximum of two hours of each occasion and subject to a maximum of four separate absences for the purpose of donating blood each calendar year.
34.2 An employee will arrange as far as practicable, for the absences to be as close as possible to the beginning or the end of ordinary working hours.
34.3 An employee will notify StarTrack as soon as possible of the time and date upon which the absence is requested for the purpose of donating blood.
34.4 Proof of the absence of the employee, to StarTrack's satisfaction, at a recognised place for the purpose of donating blood, and the duration of such attendance will be supplied at the request of StarTrack.
SIGNATURES
[TO BE INSERTED]
ATTACHMENT A1 - WAGES & ALLOWANCES
For the purposes of clause 16.3, the rates of pay are as follows:
GRADE 1st pay period on or after 1 July 14 1st pay period on or after 1 July 15 1st pay period on or after 1 July 16
1 Annual $42,621 $43,900 $45,217
Weekly $819.64 $844.23 $869.56
2 Annual $44,199 $45,525 $46,891
Weekly $850.01 $875.51 $901.78
3 Annual $45,779 $47,153 $48,568
Weekly $880.37 $906.78 $933.98
4 Annual $48,146 $49,591 $51,079
Weekly $925.90 $953.67 $982.28
5 Annual $49,726 $51,218 $52,755
Weekly $956.26 $984.95 $1,014.50
6 Annual $51,304 $52,843 $54,428
Weekly $986.62 $1,016.21 $1,046.70
For the purposes of clause 18, the full details of the allowances are as follows:
1) Wage Related Allowances
ALLOWANCE Upon Agreement Approval by the FWC 1st pay period on or after 1 July 2015 1st pay period on or after 1 July 2016
Disability Allowance
(Clause 18.8.1(a)(i)) $0.84 $0.87 $0.90
(Clause 18.8.1(a)(ii)) $0.46 $0.48 $0.49
First Aid Allowance
(Clause 18.3) $12.39 $12.76 $13.14
Social Disability Allowance
(Clause 18.3.6(a) of Attachment C1) $15.37 $15.83 $16.30
Multiple Starts Allowance
(Clause 18.3.6(b) of Attachment C1) $5.24 $5.40 $5.56
2) Expense Related Allowances
ALLOWANCE Upon Agreement Approval
Meal Allowance
(Clause 18.2) $11.83 [TBC]
Airport Transport Allowance
(Clause 18.2.3 - Attachment C1) $8.68 [TBC]
ATTACHMENT A2 - TRANSITIONAL PROVISIONS - WAGE INCREASES
1. Transitional Provisions - Employees currently paid below Agreement Rates
(a) An employee who was engaged by StarTrack prior to the approval of this Agreement under the Clerks - Private Sector Award 2010, and was receiving a rate of pay which was lower than the rate of pay for the equivalent classification under the AAE Retail ASU Business Development Agreement 2011, will receive across the life of the Agreement additional percentage increases in wages in an effort to ensure parity of wages across the business by 30 June 2016. Such increases will be calculated and applied in accordance with (b) and (c) of this clause.
(b) Employees will be eligible, subject to (c) of this clause, to receive the following percentage increase in wages from the first full pay periods on or after the dates set out in this clause:
(i) up to 0.75% of their base rate of pay on 1 July 2014;
(ii) up to 0.75% of their base rate of pay on 1 July 2015; and
(iii) a percentage amount to achieve parity with Agreement rates on 1 July 2016.
(c) StarTrack will undertake an assessment of wage disparity on a case by case basis and no employee will be afforded an increase which would have the effect of increasing wages to more than the rates of pay for the classifications set out in Attachment A1.
2. Transitional Provisions - Employees currently paid above Agreement Rates
(a) An employee who was engaged by StarTrack prior to the approval of this Agreement under the Clerks - Private Sector Award 2010, and was receiving a rate of pay which is higher than the rate of pay for the equivalent classification under this Agreement, will receive reduced pay increases until such time as they are no longer paid in excess of the relevant rate of pay for the classifications set out in Attachment A1. Such steps are to be taken in an effort to ensure parity of wages across the business by 30 June 2016.
(b) StarTrack will undertake an assessment of wage disparity on a case by case basis and any increases will be applied accordingly.
(c) For the avoidance of doubt, where this clause applies employees will not be entitled to the wage increases detailed in clause 16.3.1 of the Agreement.
ATTACHMENT A3
CASHING OUT ANNUAL LEAVE
1. Cashing out of Annual Leave
StarTrack does not encourage the cashing out of annual leave and considers the cashing out of annual leave to be an entitlement which should only be available to employees in exceptional circumstances which are to be evaluated on a case by case basis. Where a request is made by an employee to have their annual leave cashed out, and StarTrack determines that exceptional circumstances exist to warrant the approval of such request, an employee may cash out his or her paid annual leave, subject to the following conditions:
(a) At least four (4) 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 forgone; and
(d) Annual leave cannot be cashed out in advance of it being credited to the employee.
AFTERNOON SHIFT FOR CERTAIN WORKERS
2. Afternoon Shift for existing employees
For the purposes of clause 22.2.1(a) of the Agreement, Afternoon Shift for all employees who were employed by StarTrack immediately prior to the approval of the Agreement will be any shift finishing after 6.00pm and at or before midnight.
ATTACHMENT B - JOB SHARE PRINCIPLES
1. GENERAL PRINCIPLES
a) Job share is a work arrangement that is available to meet the personal and family needs of workers.
b) Job share is a voluntary commitment by two workers to share one full time position. For the most part the sharers work out their own arrangement to meet operational requirements.
c) The important ingredient for a successful job share arrangement is the compatibility and complementary aspects of the partners and the suitability of the job for this arrangement.
d) This work arrangement is not intended to decrease the amount of full time positions nor to casualise the work force.
2. OPTIONS AVAILABLE
a) SHIFTWORK
Hours of Work
In general there will be a minimum of 15.2 (16 actual) hours each per week with a minimum daily attendance of 4 hours. This will be in accordance with the Agreement conditions. The job share position will cover one full time position with the hours shared between the partners. If job sharers work half a shift (4 hours) then these will flow consecutively, i.e. no split shifts.
b) DAY WORK
Hours of Work
In general there will be a minimum of 15.2 (16 actual) hours each per week with a minimum daily attendance of 4 hours. This will be in accordance with the conditions in this Agreement. The job share position will cover one full time position with the hours shared between the partners. If job sharers work half a shift (4 hours) then these will flow consecutively, i.e. no split shifts.
3. CHANGING FROM JOB SHARE TO FULL TIME
If job share is established and there is a wish for one partner to return to full time then they must apply for a full time position when it becomes available. The remaining partner may be joined by another replacement job sharer, or if no replacement is found the job reverts back to a full time position.
4. TERMS AND CONDITIONS
a) Work Day Swaps
Job share partners will decide amongst themselves as to which days they work. The supervisor is to be notified of which job sharer is working on each rostered shift. Because the shift duration is equal to other full time shifts in the location the usual shift change protocol will apply to shift changes.
b) Overtime
Any time worked in excess of a 38 hours per week will be overtime and paid at the appropriate overtime rates.
Between the two job sharers no more than 10 days per fortnight shall be rostered on single time.
It is not intended that job sharers will work at the same time as their partner. If however a worker chooses to work in excess of their rostered hours and combined with their rostered shifts do not exceed 76 hours per fortnight then these will be given priority for overtime.
c) Salary
The salary rate will be pro-rated in accordance with the number of hours worked at the appropriate Agreement classification.
d) Annual Leave
Annual leave will accrue progressively each year on the basis of actual hours worked, in accordance with the entitlements in this Agreement. Annual leave accumulates from year to year.
Leave relief will be facilitated by job sharers applying for annual leave at the same time. Leave will then be covered as for any other position.
Another option is that the job share partner may relieve at single time rates whilst the other is on leave.
A further option is that another employee within the pool of job sharer's may elect to cover the leave at single time rates.
e) Maternity Leave
Where a staff member who is in a job share arrangement proceeds on maternity leave and a replacement is able to be found that fulfils the job share arrangement, then their replacement will be on a temporary basis until the return of the staff member on maternity leave. If a replacement cannot be found then the job reverts to a full time job and the partner remaining can either take the full time position or reverts to their position as stated in the letter of appointment.
f) Sick Leave
Sick leave will be pro-rated. It will be preferable for job sharers to cover sick leave at single rates. However, it needs to be recognised that this is not always possible and coverage would be as for any other worker who requires sick leave.
g) Long Service Leave
Long service leave will be pro-rated.
h) Training
Training will take place during days of rostered work.
i) Days in Lieu
Days in lieu will be pro-rated i.e. a job sharer whose roster line has them both rostered off on a public holiday will accrue half each the full entitlement (3.8 hours) as per the award arrangement. In order to use that entitlement the job share partner will cover the absence of the other job share partner on a day in lieu and will be paid at single time.
j) Other Matters
In any other matter not covered, the Award and company policy shall apply.
ATTACHMENT C1 - PRESERVED CLAUSES FROM ON AIRPORT BUSINESS DEVELOPMENT AGREEMENT (AaE/ASU) 2011
Attachment C1 applies to employees of StarTrack that immediately prior to the approval of this Agreement were covered by and classified under the On Airport Business Development Agreement (AaE/ASU) 2011.
Where a term of the On Airport Business Development Agreement (AaE/ASU) 2011 is more beneficial than the Agreement, and is not otherwise set out below, such term and/or condition will be maintained where it is brought to the attention of StarTrack by an employee and/or the Union and a subsequent assessment is made by StarTrack that determines the term and/or condition is more beneficial. Notwithstanding this, the parties acknowledge that the Agreement is intended to operate as a standalone document and wholly replace (except where otherwise provided) all other agreements, awards and prior negotiations. Where the context in which a provision of Attachment C1 operates cannot be determined through a review of the interaction of the Agreement and Attachment C1, the On Airport Business Development Agreement (AaE/ASU) 2011 may be utilised for background.
13. EMPLOYMENT CATEGORIES
(.)
13.5 Casual Employment
13.5.1 Casual employees are to be utilized to service short term work peaks, seasonal needs and unplanned absences. Casual employees are employed on an hourly basis with a four-hour minimum and paid pro-rata to the relevant full-time position plus 20% loading in lieu of annual, long service and sick leave entitlements.
13.5.2 [deleted]
13.5.3 It is the intention that the introduction of casual employees will be by agreement at the site level and the employees/Union will not unreasonably withhold agreement. Should agreement not be achieved, the matter may be referred to FWC through the Dispute Settlement procedure.
13.5.4 A casual employee is an employee engaged on an hourly basis for a minimum of four hours.
13.5.5 When a casual employee works a shift they will be paid the casual loading calculated on the base rate of pay for the ordinary hours they work plus the casual loading calculated on the applicable shift penalty.
13.5.6 Where a casual employee works overtime they will not be paid the casual loading on the overtime hours worked.
.
15. REDUNDANCY
15.1 Definitions
15.1.1 "Redundancy" occurs when StarTrack has made a definite decision that it no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.
15.1.2 For the purposes of this clause employee means a person who has been employed on a full-time or part-time basis for a period of one year or more.
15.2 Transfer To Other Duties
15.2.1 Where employees are transferred to lower paid duties, at the current or other StarTrack site, employees shall be entitled to the same period of notice of transfer as they would have been entitled to if their employment had been terminated.
15.2.2 Employees whose employment is terminated for reasons set out in subclause 15.2.1 hereof, may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had they remained with StarTrack until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
15.3 Period Of Notice
15.3.1 StarTrack will provide maximum notice possible to the Union and the employees where StarTrack is to initiate a redundancy program. In lieu of the period of notice prescribed in clause 15.1 of the Agreement, an employee with at least one year's completed service with StarTrack whose employment is terminated by reason of redundancy shall be given 4 weeks' notice or payment in lieu thereof.
15.4 Severance Pay
15.4.1 In addition to the period of notice prescribed in clause 15.3 the following payments shall apply:
(a) A minimum of 4 weeks' pay and a maximum not exceeding what would have applied if employment had continued to the normal retirement date or 95 weeks whichever is the lesser amount. Employees who transferred from Australian Airlines will not be disadvantaged by this capping.
(b) 3 weeks' pay per year of service up to and including five years' service.
(c) 4 weeks' pay per year of service in excess of five years and pro rata payment to completed months.
(d) All outstanding long service leave entitlements will be paid including pro rata to employees with more than 12 month's continuous service.
(e) Annual leave entitlements including leave loading.
(f) Superannuation payments will be made in accordance with the relevant trust deed.
(g) Volunteers will be considered for redundancy subject to the fundamental requirement that StarTrack must retain employee skills to meet operational requirements.
(h) Transfer of surplus employees to other StarTrack sites where a vacancy exists may occur in accordance with the Agreement.
(i) StarTrack will provide the following services to assist employees taking redundancy:
(i) independent financial counselling;
(ii) certificate of service;
(iii) one day paid absence during each week of notice to seek alternative employment; and
(iv) assistance in resume writing.
(j) For the purpose of this clause:
(i) "pay" shall be paid at ordinary rates and shall include regular weekly/fortnightly payments but shall exclude shift, overtime and extraneous payments
(ii) For the purposes of clause 15, "Employee" means a person who has been employed on a full-time or part-time basis for a period of one year or more and does not include persons employed on a temporary, fixed term or casual basis.
15.5 Employee Leaving During The Notice Period
15.5.1 An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with StarTrack until the expiry of such notice. Provided that in such circumstances the employee will not be entitled to payment in lieu of notice.
15.6 Transfer of Business / Alternative Employment
15.6.1 Where a business is transferred from StarTrack (in this clause called "the transferor") to another employer (in this clause called "the transferee") and an employee who at the time of such transfer was an employee of StarTrack becomes an employee of the transferee;
(a) the continuity of the employment of the employee is deemed not to have been broken by reason of such transfer; and
(b) the period of employment which the employee has had with StarTrack or any prior transferor is deemed to be service of the employee with the transferee; and
(c) such an employee will not be entitled to redundancy payments under this Agreement.
15.6.2 In this sub-clause "Business" includes trade, process, business or occupation and includes part of any such business and "transfer" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transferred" has a corresponding meaning.
15.6.3 Where an employee is offered suitable alternative employment (regulated by means of either an enterprise agreement and/or an award) with the transferee or within StarTrack, StarTrack will have no obligation to afford that employee the redundancy benefits contained in this Agreement or in any other instrument, if the employee accepts or refuses to accept the offer.
15.6.4 Deemed continuity of service under clause 15.6.1(b) applies to all entitlements in, including sick leave, annual leave, annual leave loading, long service leave, unpaid time in lieu, accrued rostered days off, service for redundancy purposes, and other entitlements accrued at the time of transfer.
15.6.5 In this clause suitable alternative employment will normally mean a position within the same classification level and skills capability of the employee as discussed between StarTrack, the individual and the Union based on the particular circumstances. In assessing the particular circumstances for the purpose of determining the suitability of alternative employment, consideration will be given to the impact on the employee's overall earnings. Generally, suitable alternative employment will not involve relocation away from the city or town in which the employee is employed (as a guide it will generally not involve more than a daily total of 2 hours additional travelling time).
An offer of suitable employment includes a situation where, if such terms and conditions are less favourable as a total package, alternative compensation for the gap is made available to the employee at the time of the transfer.
The parties acknowledge that this list of considerations is not exhaustive but indicative.
15.6.6 Transfers
Where StarTrack offers, and a redundant employees accept, a transfer interstate to a position with StarTrack, they shall be entitled to payment of removal expenses and allowances in accordance with StarTrack policy.
15.6.7 An employee who has been declared redundant and who accepts a transfer to another position within StarTrack may request retrenchment within 90 days of such transfer, in which case the employee shall receive all entitlements prescribed under this clause.
15.6.8 Provided, however, that an employee who transfers interstate and who is subsequently retrenched in accordance with clause 15.6.3 hereof, shall not be entitled to any further removal expenses or allowances.
15.7 Time-Off Work During The Notice Period
15.7.1 During the period of notice of termination given by StarTrack, an employee shall 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.
15.7.2 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 shall, at the request of StarTrack, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent.
15.8 Employees Exempted
15.8.1 This clause shall not apply where employment is terminated as a consequence of conduct which justifies instant dismissal, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.
15.9 Retraining
15.9.1 Where practicable retraining opportunities shall be provided to employees declared redundant.
.
16. CLASSIFICATIONS AND RATES OF PAY
16.1 Wage Increase and cash payment
16.1.1 Remuneration arrangements in this clause, and Attachment C2 of this Agreement constitutes the whole of an employee's remuneration and takes into account all aspects and conditions of employment. The wage rates operative from the first pay period on or after 1 July 2014, 1 July 2015 and 1 July 2016 respectively are set out in Attachment C2.
16.2 Annual increments
16.2.1 Whilst it is accepted that annual increments within the wage classification levels are subject to performance review, when such reviews are not conducted/completed by StarTrack within the 12-month period prior to the employee's anniversary date on joining StarTrack, the annual increment will automatically be applied on the anniversary date.
16.3 Classification definitions
16.3.1 Classification Definitions are those set out at attachment C of the On Airport Business Development Agreement (AaE/ASU) 2011.
16.4 Rates of Pay
16.4.1 Customer Service and Administration Rates of Pay - Adults
Incremental progression within each classification level is performance based.
16.4.2 Part 2 - Junior Customer Service and Administration Employees
An employee less than 21 years of age classified at the base level of the adult structure shall be paid the appropriate percentage of the minimum adult rate appearing in the following table.
Age of employee
16 years and under Percentage
50
17 years 55
18 years 65
At 19 years 80
At 20 years 100
16.4.3 Junior Employees Driving Vehicles or Operating Equipment
(a) When junior employees aged eighteen years or more are required to drive vehicles or operate equipment and are in sole charge thereof, they shall be paid the adult rate assigned to that class of work that they are required to perform.
(b) Where State legislation provides for a person to drive a vehicle at an age of less than eighteen years, then the provision of 16.4.3(a) hereof, shall apply.
.
18. ALLOWANCES
(.)
18.2 Transfers, Travelling And Working Away From Usual Place Of Work
(.)
18.2.3 Airport Transport
(a) An allowance as set out in Attachment A of the Agreement shall be paid to employees at airports who are required to perform duty which commence or finish after 7.00 p.m. and before 7.00 a.m.
(b) Payment of the allowance shall not be made to employees supplied with transport or who are paid transport reimbursement.
18.3 Other Allowances
(.)
18.3.4 District Allowance
An employee living and working in a designated remote locality shall be paid the District Allowance at the relevant rate applicable in the Australian Public Service.
(.)
18.3.6 Social Disability and Multi Start Allowance -Customer Service Staff
(a) Customer Service employees required to work afternoon and night shifts on weekends and public holidays shall be paid an allowance as set out in Attachment A of the Agreement.
(b) An employee working shiftwork who in any rostered week is required to work on one or more shifts at starting times which are in 3 or more cases at least 30 minutes different from each other shall be paid an allowance as set out in Attachment A of the Agreement for each such starting time in excess of two.
(.)
18.3.10 Australian Security Identity Card
Where an employee is required by law to obtain an Aviation Security Identity Card ("ASIC") to access an Australian Airport facility to perform their work, the cost of the application fee and other fees required by the legislation (excluding any fees incurred by the employee where the employee's application is rejected and they are not issued an ASIC and the employee undertakes an appeals process) will be reimbursed by StarTrack upon proof of purchase.
.
20. ORDINARY HOURS OF WORK
(.)
20.5 Daylight Saving
20.5.1 In any area where, by reason of legislation of a State or Territory, summer time is prescribed as being in advance of the standard time of that state, the length in any shift:
(a) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
(b) on or before the time prescribed by such legislation for the termination of such summer time period;
(c) shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the conclusion of the shift.
.
21. SPECIAL PROVISIONS FOR SHIFTWORKERS
21.1 Early Morning, Afternoon And Night Shift Allowances
21.1.1 An employee rostered for ordinary duty commencing before 7.00 am or finishing after 6.00 pm on any day Monday to Friday shall be paid the following shift loadings.
(a) For shifts commencing on or after 5.00 am but before 7.00 am twelve and a half per cent (12.5%);
(b) For shifts finishing after 6.00 pm but not later than midnight fifteen per cent (15%); and
(c) For shifts finishing after midnight but prior to 1.00 pm twenty two and a half per cent (22.5%).
21.1.2 Employees who:
(a) work night shift only (that is, a shift which finishes after midnight or at or before 7.00 am); or
(b) remain on night shifts for longer than four (4) consecutive weeks; or
(c) work night shifts, which do not rotate or alternate with other shifts, or with day work, so as to provide at least one third of working time-off night shift in each shift cycle;
shall be paid his or her ordinary rate of pay plus thirty per cent (30%) for all ordinary hours of night shift worked Monday to Friday.
(.)
21.4 Absence While Rostered To Work Shift
21.4.1 An employee, who is absent from duty due to illness or injury whilst rostered on shift duty, shall not be entitled to receive a shift penalty.
21.5 Make Up Time
21.5.1 Where due to unforeseen or emergent circumstances, operational requirements vary so that an employee can leave the job early or swap a planned shift with another shift and the supervisor and employee are in agreement, the employee can leave the job early or not attend work and agree a replacement work period of equal duration and payment (the rate of pay applicable to the hours taken off).
21.5.2 The replacement work period is to be worked within the current pay period and where this does not occur, the equivalent hours shall either be deducted from overtime hours worked within the relevant pay period or the replacement work period shall be worked in the next pay period but no later.
.
23. OVERTIME
(.)
23.2 Payment For Working Overtime - Shiftworkers
23.2.1 For all time worked in excess of the ordinary working hours prescribed or on more than six shifts in any seven consecutive days or on more than ten shifts in any fourteen consecutive days, shiftworkers shall be paid at the rate of double time except when:
(a) the time is worked by arrangement between the employees themselves; or
(b) the time is worked for the purpose of effecting the customary rotation of shifts; or
(c) such working is due to the fact that the reliever does not come on duty at the proper time; provided that when not less than eight hours' notice has been given to StarTrack that the reliever shall be absent from work, the unrelieved employee shall be paid at the rate of double time until relieved.
(.)
23.6 Recall
23.6.1 Employees 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 each time they are so recalled.
23.6.2 In the event of cancellation or postponement of such recall when employees report to their place of duty they shall be paid the above minimum of four hours for each time they are recalled even if they are not required to work.
23.6.3 This clause shall not apply in cases where it is customary for employees to return to the workplace to perform a specific job outside their ordinary hours, or where the overtime is continuous (subject to a meal break) with the completion or commencement of ordinary time.
(.)
.
25. PERSONAL LEAVE
(.)
25.1 Amount Of Paid Sick Leave
(.)
25.1.2 The amount of sick leave to which an employee is entitled depends on how long he or she has worked for StarTrack and accrues as follows:
Length of time worked for StarTrack Sick Leave (hours)
Less than 6 months 38
6 - 12 months 76
12 - 24 months 114
Each year thereafter 114
(a)
(b) Provided that an employee who normally works eight or more hours a day so as to provide a rostered day(s) off in a work cycle in accordance with clause 21.4 of the Agreement is entitled to the following amount of sick leave:
Length of time worked for StarTrack Sick Leave (hours)
Less than 6 months 40
6 - 12 months 80
12 - 24 months 120
Each year thereafter 120
(.)
.
29. LONG SERVICE LEAVE
29.1 Subject to 29.2, an employee qualifies for long service leave after ten years continuous employment with StarTrack.
29.2 For the purposes of determining, an entitlement to long service leave, continuous prior employment with Australian Airlines, Australian Air Express or Australia Post shall be recognised as employment with StarTrack.
29.3 The rate of accrual of long service leave shall be three-tenths (3/1O) of one month for each year of employment.-
29.4 Payment in lieu of long service leave shall be made to an employee who ceases employment for any reason after ten (10) years.
29.5 Pro rata payment in lieu of long service leave shall be made to an employee who ceases after one year's employment because of age retirement, retrenchment, ill health or death.
29.6 Where doubt arises as to an employee's entitlement to long service leave or the rate at which payment is to be made, regard shall be had to the relevant provisions of the Long Service Leave (Commonwealth Employees) Act 1976.
29.7 State or Territory legislation, where applicable, that governs long service leave entitlements for employees will continue to prevail to the extent of any inconsistency.
ATTACHMENT C2
Attachment C2 applies to employees of StarTrack that immediately prior to the approval of this Agreement were covered by and classified under the On Airport Business Development Agreement (AaE/ASU) 2011.
LEVEL 1 July 14
(per annum) 1 July 15
(per annum) 1 July 16
(per annum)
1.1 $40,282.27 $41,490.74 $42,735.46
2.1 $42,124.94 $43,388.69 $44,690.35
2.2 $43,178.63 $44,473.99 $45,808.21
2.3 $43,824.44 $45,139.17 $46,493.35
2.4 $45,905.04 $47,282.19 $48,700.66
3.1 $46,595.14 $47,992.99 $49,432.78
3.2 $48,794.19 $50,258.02 $51,765.76
3.3 $50,621.41 $52,140.05 $53,704.25
3.4 $52,455.84 $54,029.52 $55,650.40
4.1 $52,878.14 $54,464.48 $56,098.42
4.2 $53,887.54 $55,504.17 $57,169.29
4.3 $55,327.48 $56,987.30 $58,696.92
4.4 $56,768.45 $58,471.50 $60,225.65
5.1 $59,201.31 $60,977.35 $62,806.67
5.2 $60,397.14 $62,209.05 $64,075.33
6.1 $61,483.79 $63,328.30 $65,228.15
6.2 $62,646.66 $64,526.06 $66,461.84
7 $63,805.41 $65,719.57 $67,691.16