2006 WAIRC 03836
public transport authority railcar drivers (transperth train operations) enterprise agreement 2006
Agreement No. 31 of 2006
1. TITLE
This Agreement shall be known as the Public Transport Authority Railcar Drivers (Transperth Train Operations) Enterprise Agreement 2006.
2. ARRANGEMENT OF AGREEMENT
1. Title
2. Arrangement of Agreement
3. Definitions
4. Application and Parties Bound
5. Term of Agreement
6. No Further Claims
7. Hours
8. Long Service Leave
9. Annualisation of Leave Loading
10. Parental Leave
11. Wages
12. Salary Packaging
13. Payment of Wages
14. Health and Fitness
15. Dispute Settlement Procedure
16. Uniforms/Protective Clothing
17. Stand Down
18. Information Acquired During Employment
19. Bereavement Leave
20. Contract of Employment
21. Sick Leave
22. Public Holidays
23. Family Leave
24. Annual Leave
25. Higher Duties
26. Training
27. Aggregation
28. Union Facilities for Workplace Delegates
29. Traineeships
30. Union Consultation
31. Protected Day Off
32. Overtime
33. Fatigue Management and Rostering Code of Practice
34. Shift Work
35 Deferred Wages Arrangement
36 Cultural And Or Ceremonial Leave
37 Blood and Plasma Donor Leave
38 Witness and Jury Service
39 Purchased Leave – 48/52 Wages Arrangement
40 Emergency Services Leave
41 Defence Force Reserves Leave
42 Paid Leave for English Language Training
43 Leave Without Pay
44 Disaggregation
45 Variety of Work
46. Charges Against Workers
47 Introduction of Change
48 Number Of Employees Bound
Schedule 1 – Railcar Drivers (Transperth Train Operations)
Schedule 2 – Driver Coordinators (Transperth Train Operations)
3. DEFINITIONS
3.1 For the purpose of this Agreement the following definitions shall apply.
• “Aggregated Rate of Pay” means the rate of pay explained in clause 27 herein.
• “ARTBIU” means The Australian, Rail, Tram and Bus Industry Union of Employees, West Australian Branch.
• “Base rate of pay” means the rate of pay explained and set out in clause 11 herein for the duration of aggregation, and thereafter the rate shall be exclusive of the annualized leave loading and night rider. The base rate also consists of the EMU Allowance.
• “Competency” means knowledge and skills and the application of the knowledge and skills to the standards of performance required in the workplace consistent with the Australian National Training Authority.
• “Employer” means the Public Transport Authority.
• “Full Time Employee” means an employee employed on a 38-hour week basis.
• “Rostered Days” means the days that have been rostered to make up the fortnight’s work.
• “Total Rate of Pay” means the base rate of pay and the aggregated rate of pay for the duration of aggregation arrangements and thereafter shall base rate exclusive of the annualized leave loading.
• “Trainee” means a person actively participating in an accredited Traineeship program.
• “Traineeship” means a structured work-based learning program formally approved by the relevant government department consistent with national competency standards. A Traineeship may include on and off the job training and allow for the practical application of these skills at the workplace.
• “Training Course” means the full training course required to be undertaken by employees.
• “WAIRC” means the Western Australian Industrial Relations Commission.
4. APPLICATION AND PARTIES BOUND
4.1 This Agreement shall apply to all employees who are engaged by the Employer as Railcar Drivers, Driver Coordinators, Driver Trainers and Drivers Passenger Services in Transperth Train Operations; other than those listed in subclause 4.4 of this clause, who are members of or eligible to be members of the ARTBIU.
4.2 This Agreement extends to and binds the:
• Employer; and the
• ARTBIU.
4.3 This Agreement shall be read in conjunction with the Public Transport Authority Railcar Drivers (Transperth Train Operations) Award 2006 and shall apply where it is in conflict with the Award.
4.4 This Agreement shall not apply to employees engaged under the:
• Public Transport (Railways) Salaried Officers Agreement of Western Australia 2003; and
• Railways Professional Officers Agreement 2002;
4.5 This Agreement shall operate throughout the State of Western Australia.
5. TERM OF AGREEMENT
5.1 This Agreement shall apply from the date the Agreement is made until 31 December 2007.
6. NO FURTHER CLAIMS
The parties to this Agreement shall not, for the duration of the Agreement, make any application for further wage increases except where expressly provided for in a State Wage Case decision.
7. HOURS
7.1 Unless otherwise specified elsewhere in this Agreement, the ordinary hours of work will be 38 hours per week and the hours of work may be worked Monday to Friday or Monday to Saturday as the case may be.
7.2 All ordinary hours worked on a Saturday shall be paid for at the rate of time and a half. All hours worked on a Sunday shall be paid at double time the ordinary rate.
7.3 The Employer shall arrange as far as practicable that shifts may not exceed eight hours, except in cases of emergency when relief cannot be provided. The maximum spread of hours shall be twelve hours.
7.4 When rostered, an employee shall not refuse to work a rostered Sunday shift. Any employee who fails to work a rostered Sunday shift shall not be paid for the day and the Employer may take disciplinary action against the employee.
7.5 Notwithstanding the provisions of subclause 7.4, an employee who has a conscientious objection to working on Sundays due to religious beliefs may be exempted from working rostered Sunday shifts. The employee must provide evidence in support of this claim.
7.6 An employee who, subject to subclause 7.5, has been exempted from working rostered Sunday shifts cannot request to be re-rostered for Sunday shifts. Where requested, the employer will refuse the request and the employee shall not be rostered for Sunday shifts.
7.7 The provisions of 7.5 and 7.6 are applicable only to employees who, prior to commencement of this Agreement, notify the Employer of their conscientious objection. Existing employees who have not as at the date of commencement of this Agreement invoked clause 7.5 are not entitled to do so.
7.8 An employee will be entitled to a minimum of a 10 hour break between any two shifts set out under the roster, unless otherwise specified.
8. LONG SERVICE LEAVE
8.1 An employee shall be entitled to thirteen weeks paid long service leave on the completion of ten years continuous service and an additional thirteen weeks paid long service leave for each subsequent period of seven years of continuous service completed by the employee.
8.2 Where a public holiday falls within an employee’s period of long service leave such day shall be deemed to be a portion of the long service leave and no other payment or benefit shall apply.
8.3 Long service leave may be taken in periods of 4 weeks or more, at a mutually agreed time.
8.4 Long service leave shall be paid at the employee’s rate of pay as prescribed in the wages clause or as specified in the Schedules for rostered employees up until 30 June 2006 while aggregation is in place. However, after disaggregation on 1 July 2006, long service leave shall be paid at the rate of the employee’s average weekly earnings in the six months prior to the commencement of long service leave.
8.5 An employee will be entitled to pro rata long service leave only if employment is terminated:
a) by the Employer for other than disciplinary reasons;
b) due to the retirement of the employee on the grounds of ill health;
c) due to the death of the employee, in which case the payment would be made to the employee’s estate;
d) due to employee’s retirement at the age of 55 years or over, provided 12 months continuous service has been completed prior to the day from which the retirement takes effect;
e) for the purpose of entering an Invitro Fertilisation Programme, provided the employee has completed three years service and produces written confirmation from an appropriate medical authority of the dates of involvement in the programme; or
f) due to employees resignation for pregnancy, provided the employee has completed more than three years and produces certification of such pregnancy and the expected date of birth from a legally qualified medical practitioner.
8.6 For the purposes of determining long service leave entitlement, the expression “continuous service” includes any period during which the employee is absent on paid leave but does not include any period exceeding two continuous weeks during which the employee is absent on parental leave or leave without pay.
8.7 Continuity of service shall not be broken by the absence of the employee on any form of approved paid leave or by the standing down of an employee under the terms of this Agreement.
8.8 The Employer may direct an employee to take a long service entitlement that has been accrued for more than 3 years.
8.9 Where an employee is directed to take long service leave entitlement, it will be taken within 12 months of the direction, at a time agreed between the Employer and the employee.
8.10 Where a time cannot be agreed within the 12 month period, the Employer will determine the date on which the employee will be required to start long service leave. Provided that the Employer shall give at least 30 days notice to the employee of the day on which the long service leave is to commence.
8.11 Where an employee has previously contracted out of their Agreement long service leave entitlement, the provisions of such arrangements shall be applied on a proportional basis to the Agreement provisions for the period of employment they were in force.
Any long service leave taken or benefit in lieu of any such long service leave gained during the period the aforementioned arrangements applied, shall be deducted from any long service leave to which the employee may become entitled to under the Agreement provisions.
The balance of the long service leave entitlement shall be calculated in accordance with the Agreement provisions from the date the employee reverted to Agreement long service leave provisions.
8.12 The provisions of 8.11 shall be operative from 17 January 2002, and is not retrospective.
9. ANNUAL LEAVE LOADING
9.1 After the implementation of disaggregation on 1 July 2006, employees will during a period of annual leave receive a loading calculated on the employee’s applicable wage rate. The provisions of subclauses 9.1 and 9.2 will not apply until disaggregation has been effected as leave loading has already been factored into the wage rates contained in clause 11 – Wages and wage rates contained in Schedules 1 and 2.
9.2 The loading will be as follows:
(a). Day workers – employees who would have worked on day work only had they not been on leave – a loading of 17 ½ per cent.
(b). Shift workers - employees working over seven days of the week or twenty four hours of the day had they not been on leave – a loading of 20 per cent; or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.
9.3 The loading shall not exceed the Average Weekly Total Earnings of all males in Western Australia as published by the Australian Bureau of Statistics for the September Quarter of the year immediately preceding that in which the leave commences.
9.4 Annualisation Of Leave Loading
9.4.1 Annual leave loading will form part of the fortnightly wages until disaggregation is implemented on 1 July 2006. After 1 July 2006, the leave loading component currently contained in the wage rates in clause 11 – Wages and Schedules 1 and 2, as set out in subclause 9.4.2, will be removed and readjusted accordingly.
9.4.2 For the purpose of annualising leave loading, a value of 1.3% has been factored into the wage rates, except for employees required to work over the seven day and/or 24 hours of the day who have had 1.9% applied.
9.4.3 The loading shall be adjusted in line with Circular to Department and Authorities on Annual Leave Loading issued by the Department of Employment Protection from time to time.
10. PARENTAL LEAVE
10.1 Definitions
In this clause:
a) “Employee” includes full time, part time, permanent and fixed term contract employees.
b) “Primary Care Giver” is the employee who will assume the principal role for the care and attention of a child/children. The Employer may require confirmation of primary care giver status.
c) “Replacement Employee” is an employee specifically engaged to replace an employee proceeding on parental leave.
d) “Partner” means a person who is a spouse or de facto partner.
e) “Public sector” means an employing authority as defined in s5 of the Public Sector Management Act 1994.
10.2 Entitlement to Parental and Partner Leave
a) An employee is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:
(i) birth of a child to the employee or the employee’s partner; or
(ii) adoption of a child who is not the natural child or the stepchild of the employee or the employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.