Part 1- Agreement Administration

1 Title

This Agreement will be known as the ERG Transit Systems Ltd Enterprise Agreement 2009. ERG Transit Systems is a member of the Vix-ERG Group.

2 Application and Parties Bound

This Agreement will apply to ERG Transit Systems Ltd (ABN: 51008895047) in relation to its operations in Melbourne, Victoria and all employees engaged in the classifications referred to in Appendix B.

This Agreement will stand alone and operate to the express exclusion, to the extent permitted by law, of any other industrial instruments.

3 Period of Operation

This Agreement will come into effect seven days after the date it is approved by Fair Work Australia and will have a nominal expiry date of 1st March 2012.

This Agreement will continue to operate after its nominal expiry date unless it is terminated or replaced.

The parties agree to commence negotiations three (3) months prior to expire.

4 Definitions

In this Agreement, the following terms have the following meaning:

Act means the Fair Work Act 2009

Base hourly rate of pay means the rates of pay listed under the heading 'Base

Hourly Rate' in clause 20.1 of this Agreement.

Employer means ERG Transit Systems Ltd (ABN: 51008895047) and any successor

Employee means a person employed by the Employer in the classifications detailed in Appendix B

Technician means an employee who performs maintenance, service or repair of electronic and/or electro mechanical equipment in classifications detailed in Appendix B.

Technician - Shift Worker means an employee who works day and afternoon shifts, and typically rostered to work Saturday, Sunday and Public Holidays

Technician - Non Shift Worker means an employee who works 8 hours per day, Monday to Friday.

5 Application of NES

The National Employment Standards (NES) will apply at all times to the employees covered by this Agreement.

If the NES are subsequently varied to provide a more generous benefit than that provided by this Agreement, that benefit will apply.

6 Flexibility Agreement

Notwithstanding any other provision of this Agreement, the Employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the Employer and an individual employee.

a) The terms the Employer and an individual employee may agree to vary the application of are those concerning:

i Arrangements for the way work is performed;
ii Overtime rates;
iii Penalty rates;
iv Leave loadings; and
v Allowances

b) The Employer and an individual employee must have genuinely made the agreement without coercion or duress.

c) The agreement between the Employer and an individual employee must:
i Be confined to a variation in the application of one or more of the terms listed in this Clause; and
ii Comply with the requirements of s.203(2)(b) of the Act in that the agreement only deal with permitted matters and does not include any unlawful terms.
iii Result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.

d) The agreement between the Employer and an individual employee must also:
i Be in writing, name the parties to the agreement and be signed by the Employer and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian;
ii State each term of this Agreement that the Employer and the individual employee have agreed to vary;
iii Detail how the application of each term has been varied by agreement between the employer and the individual employee; and
iv State the date that the agreement commences to operate.

e) The Employer must give the individual employee a copy of the agreement within 14 days after it is agreed to, and keep the arrangement as a time and wages record.

f) Except as provided in this clause, the agreement must not require the approval or consent of a person other than the Employer and the individual employee.

g) The agreement may be terminated: At any time, by written agreement between the Employer and the individual employee; or ii By the Employer or the individual employee giving four weeks notice of termination of the arrangement, in writing, to the other party and the arrangement ceasing to operate at the end of the notice period.

h) The right to make an arrangement pursuant to this clause is in addition to, and is not intended to otherwise affect, any other term of this Agreement.

7 Duties

Employees employed under this Agreement have an obligation to:

a) Carry out all lawful directions according to their job description and any other duties the employer may reasonably require within their capacity;

b) While on the Employer's premises and/or representing the Employer, dress and behave in an appropriate manner and not to cause any discomfort or offence to a reasonable person;

c) Wear any uniform or protective clothing provided or required by the Employer to be worn while carrying out company business.

8 Occupational Health and Safety

The employer is committed to the provision of a safe, hazard free and healthy work environment. The employer will comply with the appropriate State Occupational Health and Safety Act and any accompanying Regulations.

a) It is the policy of the company that all operations are carried out in compliance with statutory requirements and the company's own published work procedures.

b) The company agrees to establish a work place committee comprising management and employees to review OH&S performance on a regular basis and co-ordinate the implementation of national and regional initiatives to enhance safety performance of the company.

c) The company will provide its employees with all protective clothing and personal protective equipment required to perform their duties.

d) No employee may be directed to perform any task, which they believe to be unsafe, or for which they have not been adequately trained. No employee may continue to refuse if the company has received an independent certification of safety.

e) All health and safety representatives will be provided with accredited training to enable them to effectively discharge their responsibilities.

f) All employees will conduct themselves in a safe and responsible manner, at all times following the standard operational procedure and safety requirements in the discharge of their duties.

g) Employees will not wilfully or recklessly interfere with, or misuse, company supplied safety equipment and protective clothing.

h) The employee shall be fit for work during working hours in order to ensure the health and safety of each employee. Fit for work means that an employee is not adversely affected by drugs (including prescription and non-prescription drugs), alcohol, fatigue, impaired physical fitness or altered emotional state.

i) Employees found to have breached (f) or (g) will be subject to disciplinary action, which may include termination.

j) Any dispute arising under this clause will be dealt with in accordance with the dispute resolution clause of this Agreement.

k) The Employee shall immediately advise the Employer if he/she is under medication which he/she believes may impair his or her fitness for work (whether prescribed or non-prescribed medication), or is experiencing any condition that may affect or limit his or her ability to carry out normal duties in a safe manner, in order for the Employer to arrange alternate work or arrangements.

9 Consultation Process

a) Employer is to notify:

Where the Employer has made a decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on the employees, the Employer must notify the employees who may be affected by the proposed changes and their representatives, if any; Such notification must provide the employees and their representatives, if any; with a bona fide opportunity to influence the final decision.

b) Significant effects:

Significant effects referred to in 9 a) of this agreement include termination of employment; major changes in the composition, operation or size of the Employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

c) Employer is to discuss change:

The Employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in this clause, the effects the changes are likely to have on employees and measurers to avert or mitigate the adverse affects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

The discussions must commence as early as practicable after a definite decision has been made by the Employer in accordance with clause 9 a) of this agreement. For the purposes of such discussion, the Employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes on employees and any other matters likely to affect employee provide that the Employer is not required to disclose confidential information the disclosure of which would be contrary to the Employer's interests.

10 Confidential Information

Information, other than that generally published and available regarding the Employers business operations and systems, financial affairs and structures (Le. "confidential information") is of value to the employer and is a restricted and confidential information to any other person, firm or corporation without the previous consent in writing of the employer.

This obligation shall apply during the time of the employee's employment with the Employer and also after leaving the Employer's employment.

11 Intellectual Property

Any intellectual property invented or created by an employee as a result of their employment with the Employer shall remain the property of the employer unless otherwise agreed in writing between the employer and the employee.

12 Security

The Employer agrees to take all reasonable steps and precautions to provide a safe and secure workplace for employees and for their property, which may legally be brought to the Employer's property.

13 Employment policies, procedures and directions

Various policies and procedures exist for the effective and safe operation of our business and the welfare and interests of those who work for us. These policies and procedures are located on the Employer's Intranet (Business Management System - BMS).

From time to time we review and amend our policies and procedures, or introduce new ones. We will consult with you on any amendment to existing policies and procedures or the introduction of new ones.

You need to ensure that you always abide by our policies and procedures, as updated or issued from time to time and by any directions we give you in the course of your employment.

Signing and returning this agreement will take you to have accepted responsibility to familiarise yourself with these policies and procedures.

14 Work outside of employment

An employee may take extemal work without the approval of the Employer, as long as it does not interfere with or affect the hours, type, and level of work covered in this agreement, and the outside work does not affect the interests of the Employer or employment relationship. If in doubt, the employee is encouraged to discuss the nature and requirements of the outside work with his or her supervisor.

Part 11- Contract of Employment

15 Full - Time Employment

A full time employee is an employee who is engaged to work as a Technician - Shift Worker or as a Technician - Non Shift Worker, for 38 ordinary hours per week averaged over a 12-month period.

16 Part - Time Employment

A part time employee is an employee who:

a) is engaged to work an average of less than 38 ordinary hours per week; and

b) receives, on a pro rata basis, equivalent pay and conditions to those of fulltime employees who do the same kind of work.

For each ordinary hour worked, or part thereof - rounded up to the nearest 15min, a part-time employee will be paid at the rate of pay for the relevant classification on a pro rata basis.

17 Fixed Term Employment

A fixed term employee means an employee:

a) Who is employed for a specified duration or task/project, which their employment will end at the completion of that period or task/project.

b) Who has entitlement to paid annual leave, paid personal/carer's leave, paid public holidays and unpaid parental leave at the proportion that their hours bear to the hours of a full-time employee at the same classification; and

c) Who may work a regular roster, which provides, on average, for up to 38 ordinary hours of work per week.

18 Probationary Employment

All new employees shall be on probation for a period of six months commencing from the date of commencement of employment with the Company. If any time during or at the conclusion of the probationary period an employee fails to meet the Company's standards and performance levels, their employment may be terminated or they may resign by giving one week's notice. In lieu of giving notice, the Company may elect to pay an employee one week's pay. If the employee fails to give one week's notice, they will forfeit one week's wages.

During or at the conclusion of the probationary period an employee shall be advised whether they have successfully passed their probation and whether their contract of employment will continue.

19 Casual Employment

A casual employee is one engaged and paid as such. A casual employee's ordinary hours of work are the lesser of an average of 38 hours per week or the average hours required to be worked by the Employer over a period.

For each hour worked, or part thereof, a casual employee will be paid the hourly rate as shown in clause 20.1 for the relevant classification level, plus a loading of [25%] in lieu of paid annual leave, paid personal/career's leave, notice of termination, redundancy benefits and the other attributes of fUll-time and part-time employment.

20 Salaries

20.1 Payment For Work

Employees will be paid for all time worked according to the hourly rates specific to their position level.

The hourly rate at which an employee commences work with the Employer is specified in the employee's Letter of Appointment and is inclusive of:

		Base 		Leave Loading	Hourly Rate
Level 1 	$29.80 		$0.40 		$30.20
Level 2 	$28.37 		$0.38 		$28.75
Level 3 	$24.44 		$0.33 		$24.77
Level 4 	$21.71 		$0.30 		$22.01

Period of continuous service with ERG 
Transit Systems Pty Ltd 			Period of Notice
up to 1 year 					1 week
More than 1 year but no more than 3 years 	2 weeks
More than 3 years but no more than 5 years 	3 weeks
More than 5 years 				4 weeks

Period of continuous service			Redundancy Pay
Less than 1 year's continuous service 		1 week
Between 1 & 2 Years continuous service 		4 weeks
Between 2 & 3 Years continuous service 		6 weeks
Between 3 & 4 Years continuous service 		8 weeks
Between 4 & 5 Years continuous service 		10 weeks
Between 5 & 6 Years continuous service 		12 weeks
Between 6 & 7 Years continuous service 		14 weeks
7+ years continuous service, 1 week per year for each year thereafter