Brookfield Rail EA 2012 - Rail Tram and Bus Union of WA

Transcription

Brookfield Rail Enterprise Agreement 2012
Brookfield
Rail
Brookfield Rail
Enterprise
Agreement 2012
Page 1 of 65
BREA2012V2
PART 1 1.
THE AGREEMENT AND ITS OPERATION
TITLE
This agreement shall be known as the Brookfield
2.
Rail Enterprise
Agreement
2012 ("this Agreement").
CONTENTS
PART 1 -
THE AGREEMENT
AND ITS OPERATION
2
1.
TITLE
2
2.
3.
4.
5.
6.
7.
8.
9.
CONTENTS
2
PARTIES BOUND
4
APPLICATION
4
OF THIS AGREEMENT..
TERM OF AGREEMENT
4
DEFINITIONS AND INTERPRETATIONS
5
NO EXTRA CLAIMS
6
FLEXIBILITY TERM
6
INTENT AND OBJECTIVES
8
CONTRACT OF EMPLOYMENT
9
10.
CONDITIONS
9
11.
FORMS OF EMPLOYMENT
12.
TERMINATION
PART 2 -
OF EMPLOYMENT..
9
OF EMPLOYMENT
12
13.
REDUNDANCY
14.
TRANSMISSION
13
15.
TRANSFER & PROMOTION
16.
DISCIPLINARY
17.
RAIL SAFETY ACCREDITATION,
18.
STAND DOWN
19
19.
CONTINUITY
20
20.
INFORMATION
OF BUSiNESS
15
15
MATTERS
17
LICENCES & QUALIFICATIONS
18
OF SUPPLY OF SERVICES
ACQUIRED AND INTELLECTUAL
PROPERTy
20
WORKING ARRANGEMENTS
21
21.
WORKING HOURS ARRANGEMENTS
21
22.
ARRANGEMENT
PART 3 -
OF ORDINARY HOURS
,
21
23.
SHIFT LENGTHS
22
24.
ADDITIONAL
23
25.
MEAL BREAKS
HOURS AND SHIFTS
24
26.
REST PERIODS
27.
SIGNAL TECHNICIAN!
25
MAINTAINER
28.
NOTIFICATION
29.
WORKING ARRANGEMENT
30.
FATIGUE MANAGEMENT
PART 4-
STANDBY ROSTER
REQUIREMENTS
REMUNERATION
26
26
CHANGES
26
,
27
28
AND OTHER PAYMENTS
31.
RATES OF PAY
28
32.
SHIFT WORK PAYMENTS
30
33.
34.
35.
36.
ADDITIONAL
HOURS (OVERTIME)
ADDITIONAL
RESPONSiBILITIES
PAyMENTS
31
31
ON CALL PROViSiONS
SIGNAL TECHNICIAN
31
& SIGNAL MAINTAINER
STANDBY ROSTER PAYMENTS
32
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37.
AVAILABILITY
38.
NOMINEE ALLOWANCE
ALLOWANCE
33
33
39.
OFFICE MAINTAINER ALLOWANCE
33
40.
EXPENSES
34
41.
DISTRICT ALLOWANCE
37
42.
PAYMENT OF REMUNERATION
AND DEDUCTIONS
38
43.
SALARY PACKAGING
38
44.
SALARY CONTINUANCE
39
45.
SUPERANNUATION
39
PART 5 -
:L=EA:....:,V.:....E=--
.......:4..:.0
46.
ANNUAL LEAVE
40
47.
LONG SERVICE LEAVE
41
48.
PERSONAL / CARER'S LEAVE
42
49.
COMPASSIONATE
43
50.
PARENTAL LEAVE
LEAVE
43
51.
LAWCOURT
52.
DEFENCE FORCE RESERVES AND EMERGENCY
53.
OTHER LEAVE
45
54.
PUBLIC HOLIDAYS
45
GENERAL PROVISIONS
46
PART 6 55.
PART 7-
ATTENDANCE
44
UNIFORMS AND PERSONAL PROTECTIVE
CONSULTATION
SERViCES
EQUIPMENT
44
.46
47
& DISPUTE RESOLUTION
56.
FUTURE INITIATIVES / SIGNIFICANT
57.
CONSULTATIVE
58.
DISPUTE RESOLUTION
59.
EMPLOYEE REPRESENTATION
49
60.
SIGNATORIES
50
ARRANGEMENTS
CHANGE
.47
& MECHANISMS
.47
PROCESS
48
APPENDICES
APPENDIX
1 - CLASSIFICATION
APPENDIX
2 ARRANGEMENT
SIGNAL
INDICATIVE DUTIES AND REQUIREMENTS
TECHNICIAN'S
APPENDIX 3 - RATES OF PAY, ALLOWANCES
AGREEMENT
&
SIGNAL
MAINTAINER'S
52
STANDBY
ROSTER
61
& ROSTER PAYMENTS OVER THE TERM OF THE
64
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Comments / Notes
3.
PARTIES BOUND
The parties to this Agreement are:
3.1.
Brookfield Rail Employment Pty Ltd ("BRE" or 'the employer'), and
3.2.
the following employee organisations ('the unions'), provided that in
each case the requirements of s53(2)(a) of the Act have been met:
3.3.
4.
5.
3.2.1.
Australian Rail Tram and Bus Industry Union WA
branch (URTBU");
3.2.2.
Communications,
Electrical,
Electronic,
Energy,
Information, Postal, Plumbing and Allied Services
Union of Australia (UCEPU").
employees of BRE who are engaged in any of the classifications
specified in clause 31 ['the employee(s)'].
APPLICATION OF THIS AGREEMENT
4.1.
This Agreement applies to and binds BRE, the unions and all
employees employed by BRE and engaged in any of the
classifications specified in clause 31 ['the employee(s)'].
4.2.
While this Agreement remains in force it shall replace or override in
full any other awards and agreements that might otherwise have
applied.
4.3.
Severability
The terms of this Agreement are severable in that an invalidity of
one or more of the terms will not affect the validity of the Agreement
as a whole.
The Agreement
stands on its own
and no provisions
from Awards or
earlier agreements
are to apply.
TERM OF AGREEMENT
5.1.
This Agreement shall commence from the start of the first pay
period on or after the date 7 days after the Agreement is approved
by Fair Work Australia, and shall remain in effect until
31 December 2015.
5.2.
This Agreement shall continue to operate after its nominal expiry
date until it is replaced or terminated in accordance with applicable
provisions of the Act.
5.3.
The parties to this Agreement will endeavour to convene at least
three months prior to the expiry of the Agreement to commence
negotiation discussions.
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6.
DEFINITIONS AND INTERPRETATIONS
In these terms and conditions, unless the context otherwise requires, the following
expressions shall have the following meanings:
"ARGE" means Australian Railroad Group Employment Pty Ltd (ACN 087 891 601).
"BR" means Brookfield Rail Pty Ltd (ACN 094721 301), the operating company to
which BRE exclusively provides employees for the purpose of its operations.
The definitions in this
clause are not
provisions in their
own right. They are
included to help with
consistent
interpretation of the
provisions of the
agreement.
"BRE" means Brookfield Rail Employment Pty Ltd (ACN 118 763 429), the
employer.
"casual employment" means the form of employment where an employee is not
employed on a permanent basis and is employed by the hour, and who does not
meet the definition of a part-time or temporary employee.
"Fair Work Australia" replaces the Australian Industrial Relations Commission as
the tribunal of competent jurisdiction.
"emergency" or "unavoidable necessity" are defined as follows:
•
an "emergency" means an emergency due to an actual or imminent
occurrence (such as fire, flood, storm, earthquake, explosion, accident, epidemic
or warlike action) which endangers, or threatens to endanger, the safety of
persons or destroys or damages, or threatens to destroy or damage property,
and
•
an "unavoidable necessity" means a practically inescapable circumstance
necessitating working to be adopted, to avoid, if possible, serious dislocation of
the operations. For example, this may include equipment failures, accidents,
derailments, etc.
"former ARGE employee(s)" means an employee who was a former employee of
ARGE and commenced employment with WNRE (as BRE was then named) on or
after 1 June 2006 under transmission of business arrangements as provided for in
their contracts of employment.
"former WAGRC employee(s)" means an employee who was a former employee
of WAGRC and commenced employment with ARGE on 17 December 2000.
"full time employment" means the form of employment where an employee is
employed on the full time hours of 38 hours per week averaged over the pay
fortnight.
"home location" means the employee's appointed operational base or temporary
operational base if the employee is working away from home on temporary transfer.
"ordinary hours" means the number of hours necessary to average 38 hours per
week taking into consideration additional hours worked on a given day or over a
given week to satisfy the requirements of the application of the 19 day month as
provided for at clause 22.
"ordinary rate of pay" means the employees' rate of pay as provided for at clause
31.1 plus any further components, as provided for in this Agreement, that are paid
and apply for all purposes.
"OS&H Act" means the Occupational Safety & Health Act 1984 (WA).
"part time employment" means the form of employment where an employee is
employed on a regular basis on a number of hours less than the full time
employment number of hours.
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"policy I policies" means a new or existing policy of BRE (as amended from time to
time). A policy of BR shall be taken to be a policy of BRE.
"representatives"
are taken to include a fellow employee,
other individual as nominated by the employee concerned.
union representative
or
"stand alone" means the hours paid will not be included in the calculation
ordinary hours unless specifically provided for in this Agreement.
of
"temporary
employment"
means the form of employment where an employee is
employed for a defined period or task and shall be paid in accordance with the
conditions for a full-time or part-time employee as applicable.
"the Act" means the Fair Work Act 2009 (Cth).
"WAGRC"
means the Western Australian Government
Railways Commission.
"WNE" means WestNet Energy Pty Ltd (ACN 126 681 892) or WestNet
Services (ACN 134 997 809).
Energy
"WNR" means WestNet Rail (ACN 094 721 301), the previous name of the
operating company to which WNRE exclusively provided employees for the purpose
of its operations.
"WNRE" means WestNet Rail Employment
previous name of the employer.
7.
8.
pty
Ltd (ACN
118 763 429), the
NO EXTRA CLAIMS
7.1.
It is a term of this Agreement that the parties will not pursue any
extra claims during the operation of this Agreement. This includes
claims relating to changes from award variations or decisions of Fair
Work Australia or Australian Fair Pay Commission.
7.2.
Nothing in this clause prevents the parties from reaching agreement
to vary the terms of the Agreement
in accordance with the
applicable provisions of the Act.
FLEXIBILITY TERM
8.1.
An employer and employee covered by this Agreement may agree
to make an individual flexibility arrangement to vary the effect of
terms of the Agreement if:
8.1.1.
the Agreement
matters:
(i)
deals with 1 or more of the following
arrangements
about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
8.1.2.
the arrangement
meets the genuine needs of the
employer and employee in relation to 1 or more of the
matters mentioned in paragraph 8.1.1; and
8.1.3.
the arrangement
is genuinely
employer and employee.
agreed
to
by
the
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8.2.
8.3.
2012
The employer must ensure that the terms of the individual flexibility
arrangement:
8.2.1.
are about permitted matters under section 172 of the
Act; and
8.2.2.
are not unlawful terms under section 194 of the Act;
and
8.2.3.
result in the employee being better off overall than the
employee would be if no arrangement was made.
The employer must ensure that the individual flexibility arrangement:
8.3.1.
is in writing; and
8.3.2.
includes the name of the employer and employee; and
8.3.3.
is signed by the employer and employee and if the
employee is under 18 years of age, signed by a parent
or guardian of the employee; and
8.3.4.
includes details of:
(i) the terms of the Agreement that will be varied by
the arrangement; and
(ii) how the arrangement will vary the effect of the
terms; and
(iii) how the employee will be better off overall in
relation to the terms and conditions of his or her
employment as a result of the arrangement; and
8.3.5.
states the day on which the arrangement commences.
8.4.
The employer must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
8.5.
The employer or employee may terminate the individual flexibility
arrangement;
8.5.1.
by giving no more than 28 days written notice to the
other party to the arrangement; or
8.5.2.
if the employer and employee agree in writing time.
at any
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9.
INTENTAND OBJECTIVES
9.1.
BRE is the employment entity for BR. This Agreement reflects that
relationship and the requirement for BRE to provide a workforce that
delivers a level of performance and service that is responsive,
competitive and innovative to the needs of BR and its customers.
9.2.
The parties acknowledge that it is critical to ongoing success that a
high level of safety, operational reliability and responsiveness is
achieved through continuous improvement and improved
productivity.
9.3.
BRE, the unions and the employees aim to achieve the following
broad objectives through the operation of this Agreement:
9.3.1.
To provide an environment that maximises potential for
commercial viability, business growth and the provision
of an efficient, value added and reliable services to its
customers.
9.3.2.
To foster a work culture that is aligned to the
achievement of commercial success and encourages
continuous improvement in safety, reliability and
efficiency.
9.3.3.
To encourage mutual trust, cooperation, consultation
and open communication.
9.3.4.
To provide fair and equitable working conditions,
remuneration and satisfying work together with high
standards of workplace health, safety and equal
opportunity.
9.3.5.
To provide training and development that enhances
skills and assists employees to reach their full potential.
9.3.6.
To provide an appropriate work I non-work balance that
recognises the nature of operational requirements and
employees' family, domestic and social requirements.
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PART 2 10.
CONTRACT OF EMPLOYMENT
CONDITIONS OF EMPLOYMENT
10.1.
Within the limits of their skills, competence and training, employees
shall undertake work as directed and use any tools and equipment
as required for the efficient performance of that work.
Employees are required to be flexible in the performance of their
duties and may be required to perform a wider range of duties
including work, which is incidental or peripheral to their primary
function. BRE commits not to promote deskilling when exercising
this requirement.
10.2.
Employees are required to do all things reasonably necessary to
attain and maintain the required levels of skill, competence, health
and fitness to perform their work in a safe, efficient and productive
manner.
10.3.
In some operational circumstances, employees may be required to
undertake shift work and I or weekend work or be on call in the
course of their employment. Employees required to undertake shift
work I weekend work or be on call shall be informed of such
requirement and subject to genuine consultation and a minimum of
14 days' notice employees shall not unreasonably refuse such a
requirement.
10.4.
11.
10.3.1.
New employees shall be informed
requirements in their offer of employment.
of
these
10.3.2.
The requirements of clause 29 are to be observed
when dealing with changes to working arrangements.
Employees shall comply with BRE's policies, and all such Acts,
Rules, Regulations and Codes of Conduct, as amended from time to
time, as are binding on or applicable to the employee.
FORMS OF EMPLOYMENT
11.1.
General Principles and Provisions
11.1.1.
Subject to the provisions of this clause, BRE may
employ on a full time, part time, temporary, permanent
or casual basis as required.
11.1.2.
BRE's predominant form of employment is permanent
full time I part time but may use temporary or casual
employment based on operational requirements and
circumstances prevailing from time to time to cover
peak demand, labour shortages, unplanned I extended
leave or special programs I projects etc.
11.1.3.
Existing employees shall not have their form of
employment changed without their consent and if
arranged shall be in accordance with a written contract
of employment.
11.1.4.
New employees shall be advised of the form of
employment they are being employed under in their
offer of employment and for all forms of employment,
other than short term casual arrangements, such
advice shall be in writing.
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11.2.
Probationary Employment
New employees will be subject to a probationary
following conditions:
11.3.
period under the
11.2.1.
The period of probationary
employment
will be
commensurate with the requirements of the position
and will be outlined in the contract of employment.
A
probationary period of three months from the date of
commencement of employment will apply.
11.2.2.
An employee's probationary period may be extended
beyond the initial period, for up to a further three
months. An extension may be provided where there is
a likelihood that, with the provision of further training /
assistance, the employee will satisfy the probationary
requirements. The employee shall be advised in writing
of such an extension and the reason for the extension
before the expiry of the original probationary period.
11.2.3.
A probationary
period will not apply to casual
employees and temporary employees engaged for a
period of less than six months.
11.2.4.
On commencing
employment,
employees
will be
advised of the requirements necessary to satisfy the
probation and will undergo regular performance reviews
during the probationary period.
11.2.5.
Employees will undergo an induction and orientation
program at the commencement of employment, during
which they will be familiarised with BR, their work sites
and the requirements of their position.
11.2.6.
During the probationary
period,
the employee's
employment may be terminated by BRE by providing
one week's written notice, or payment in lieu for each
day short of the one week.
Full Time Employment
Full time employment shall be an average of 38 hours per week and
implemented in accordance with clause 22.
11.4.
Part Time Employment
11.4.1.
Part time arrangements
shall be subject to the
suitability of the operations and shall be any number of
hours less than the full time hours as agreed (the
agreed hours) between BRE and the employee and
outlined in a written contract of employment.
11.4.2.
Subject to meeting operational
requirements,
the
arrangement of work and hours shall be mutually
agreed between BRE and the employee, however, a
minimum engagement of 4 hours per day and 16 hours
per week shall apply.
11.4.3.
The arrangement of work and hours may be organised
over periods longer than a single pay period, for
example, four weeks on and four weeks off. Where this
does apply, the hours worked are paid and the time
absent from work is not paid. That is, averaging of pay
over multiple pay periods will not apply.
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11.5.
11.4.4.
BRE and a part time employee may agree to vary the
number of part time hours, either permanently or for an
agreed period and such agreement shall be in writing.
11.4.5.
Subject to clause 24, a part time employee may be
required to work hours beyond the agreed hours. In
such cases, the employee shall be paid at the
additional hours' rate in accordance with clause 0 for all
hours in excess of the agreed part time hours.
11.4.6.
Part time employees shall receive, on a pro rata basis,
equivalent pay and conditions to those of full time
employees in the same position.
Temporary Employment
11.5.1.
An employee may be temporarily engaged, for a
maximum of 12 months, on a full time or part time basis
for purposes including project work, peak or short term
additional workload, coverage of leave, etc. and shall
not be used to replace permanent
employment
arrangements.
The duration
of the temporary
engagement shall be agreed between BRE and the
employee and the arrangement shall be outlined in a
written contract of employment.
11.5.2.
There is no obligation upon BRE to offer ongoing
employment beyond the term contained in the contract
of employment.
A further temporary contract may be
offered continuous with the previous contract without
changing the temporary nature of the employment
arrangement. Any such further term shall be detailed in
writing.
11.5.3.
In the event a position
is subsequently
made
permanent
a temporary
employee
occupying that
position at the time may be offered the position without
the need to advertise the position.
11.5.4.
A temporary employee shall be entitled to the same
terms and conditions, other than long service leave and
redundancy, as applicable to a permanent full time or
permanent part time employee occupying the same
position.
11.5.5.
An
employee
who
converts
from
temporary
employment to permanent employment without a break
in service shall have the period of temporary
employment recognised as service for long service
leave and redundancy purposes.
11.5.6.
Other than in cases of serious misconduct, justifying
summary
dismissal,
BRE
may
terminate
the
employment of a temporary employee at any time
during the term of employment by giving a minimum of
one week's notice or payment in lieu of notice for each
day short of the one week.
11.5.7.
A temporary employee may terminate the employment
contract by providing a minimum of one week's notice
or forfeiting pay to the extent that the written notice
given falls short of the one week.
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11.5.S.
11.6.
12.
Upon termination, a temporary employee shall be
entitled to the payment of any accrued annual leave
entitlements.
Casual Employment
11.6.1.
An employee may be engaged on a casual basis to
satisfy short term or irregular labour requirements that
cannot be reasonably accommodated in a part time /
temporary arrangement.
11.6.2.
Casual employees shall be employed and paid by the
hour and each separate period of employment shall be
arranged by mutual agreement between BRE and the
casual employee.
11.6.3.
There shall be no obligation upon BRE to provide or
guarantee ongoing employment to a casual employee
beyond
each
separate
and agreed
period
of
employment.
11.6.4.
BRE or the employee may terminate the casual
employment arrangement by providing notice at the
end of a shift, however, either BRE or the employee
may provide a greater period of notice.
11.6.5.
Casual employees shall be paid at the hourly rate
equivalent to the full time classification
they are
engaged in plus a loading of 25% in lieu of any forms of
paid leave and public holidays not worked.
11.6.6.
Payment of overtime, penalties and allowances shall be
in accordance with the respective provisions applicable
to the classification the casual employee is engaged in.
TERMINATION
OF EMPLOYMENT
Unless otherwise provided for in clause 11 or clause 13, termination of employment
shall be in accordance with the following provisions:
12.1.
Termination by BRE
12.1.1.
Termination of an employee's contract of employment
may occur by BRE giving the employee four weeks'
notice, or payment in lieu of notice for each day short of
the four weeks.
12.1.2.
In addition to the notice required at 12.1.1, employees
over 45 years of age (at the date of termination) and
with more than two years continuous service shall be
entitled to an additional one week's notice.
12.1.3.
Nothing in this Agreement affects BRE's rights to
dismiss an employee at any time without notice for
conduct that would justify summary dismissal.
If an
employee is dismissed on this basis, the employee will
be entitled to be paid for work only up to the time of
dismissal and the employee's accrued annual and long
service leave.
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12.2.
12.3.
12.4.
13.
Termination
by the Employee
12.2.1.
An employee may resign from employment
four weeks' notice in writing.
12.2.2.
In the event that the employee fails to give the
prescribed notice, any pay due to the employee may be
forfeited to the extent that the written notice given falls
short of the required notice.
12.2.3.
Where agreed, a shorter period of notice may be given
without forfeiture of pay.
Abandonment
by giving
of Employment
12.3.1.
The absence of an employee from work for a
continuous period of more than five working days
without provision of any notification to BRE shall be
prima facie evidence that the employee has abandoned
their employment.
12.3.2.
BRE will make reasonable attempts to contact the
employee to determine any reasons for the absence.
This contact will include BRE writing to the employee at
the employee's
last known address informing the
employee
that the absence
may result in the
employee's services being terminated.
12.3.3.
If within a further period of five working days the
employee
has not made contact with BRE the
employee shall be deemed to have abandoned their
employment and the contract of employment shall be
terminated.
12.3.4.
If the employee does make contact with ten working
days but the employee's explanation for the absence is
considered
unsatisfactory
then
the
employee's
circumstances
shall
be
managed
through
the
disciplinary process.
12.3.5.
Termination
of employment
by abandonment
in
accordance with this subclause shall operate from the
last day worked or the last day of approved leave,
whichever is the later.
An employee, whose employment is to be terminated, must return
all property belonging to BR I BRE which is held by or under the
control of the employee and required by BR I BRE to be returned.
REDUNDANCY
13.1.
Redundancy occurs when an employer decides that the job the
employee is engaged to perform is to no longer be done by anyone
and this is not due to the ordinary and customary turnover of labour.
13.2.
Employees
who have their
redundancy shall be entitled to:
13.2.1.
employment
terminated
due
to
two weeks' notice, in lieu of any other period of notice
required under this agreement, for each completed year
of service, or ordinary pay in lieu, up to a maximum of
12 weeks; and
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13.2.2.
severance pay of three weeks' ordinary pay for each
completed year of service.
13.2.3.
"Service"
(i)
for the purposes of this clause, means:
continuous service with BRE; and
(ii) for former ARGE employees
(as defined),
previous continuous service with ARGE; and
all
(iii) for former WAGRC employees (as defined), all
previous continuous
service with the Western
Australian public sector less one year's service for
each four weeks transfer payment received on
termination of employment with WAGRC; and
(iv) for former WNE employees
(as defined),
previous continuous service with WNE.
all
To avoid any uncertainty:
(v) To be regarded as continuous service between the
WA public sector & ARGE, between ARGE & BRE,
and between WNE and BRE there cannot be a
break in service between those employers; and
(vi) ARGEI WNE service and WA public sector service
shall be treated as separate and discrete periods.
That is, only completed years of continuous service
with each employer shall be recognised and part
years of service with each employer will not be
aggregated.
13.2.4.
13.3.
13.4.
"Ordinary Pay" for the purpose of this clause, means
the employee's ordinary rate of pay (as defined) plus an
average, over the 12 months immediately preceding the
redundancy, of Stand-by Roster Payments paid in
accordance with clause 36.
Where positions covered by this Agreement
BRE may apply the following
options
redundancies:
are made redundant,
in managing
such
13.3.1.
Employees may be redeployed, subject to suitable
opportunities existing, and employees will be required
to undertake any necessary training or competency
development
to
reasonably
facilitate
such
redeployment.
If redeployment
does occur then
payments under clause 13.1 do not apply.
13.3.2.
Examining
calling for
be under
expression
13.3.3.
Apply involuntary
redundancies.
Where multiple
involuntary redundancies in the one classification at the
one location are proposed employees shall be selected
based on BRE's need for skills, competencies,
qualifications and experience at the time.
opportunities for voluntary redundancies by
expressions of interest, however, BRE shall
no obligation to accept all or any particular
of interest.
Where BRE offers an employee suitable alternative employment,
BRE will not be obliged to pay the employee the notice and
severance payments prescribed in clause 13.1.
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13.5.
In the event of a transmission of business, and
13.5.1.
the employee is offered a position with the new
employer, and
13.5.2.
that offer of employment preserves the employee's
existing terms and conditions, including recognition of
service,
the employee shall not be entitled to the notice and severance
payments prescribed in clause 13.1.
13.6.
14.
TRANSMISSION
OF BUSINESS
14.1.
This Agreement will bind a successor, assignee or transmittee of
BRE'Sbusiness in accordance with the Act.
14.2.
Where a business is transmitted from BRE to another employer
("the transmittee") and an employee, who at the time of such
transmission was an employee of BRE and pursuant to the terms of
an offer of employment from the transmittee becomes an employee
of the transmittee at the time of the transmission, then;
14.3.
15.
Employees whose positions become redundant shall be provided
with access to applicable counselling services and reasonable paid
leave for attendance at these support services.
14.2.1.
the continuity of employment of the employee is
deemed not to have been broken by reason of such
transmission; and
14.2.2.
any service recognised in the employees' contracts of
employment from previous transmissions or transfers of
employment shall be deemed to be service of the
employee with the transmittee; and
14.2.3.
as part of the transmission, employees shall have their
accrued leave entitlements (annual leave, long service
leave and sick leave) transferred and recognised by the
transmittee; and
14.2.4.
for the purposes of redundancy, service as defined at
clause 13.2.3, shall continue to be recognised by the
transmittee.
In this clause "business" includes trade, process, business or
occupation and includes part of any such business and
"transmission" includes transfer, conveyance, assignment or
succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
TRANSFER & PROMOTION
15.1.
Permanent Transfers
15.1.1.
Subject to clause 15.5, BRE may transfer an employee
from one location / position to another, however, in
considering the transfer BRE will consult with the
affected employee and will give appropriate
consideration to the employee's
needs and
circumstances
(including
family
/
domestic
responsibilities) as well as organisational requirements.
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15.2.
15.1.2.
Where requirements or opportunities for transfers arise,
BRE will seek volunteers by calling for expressions of
interest from employees wishing to be considered for
transfer. However, this shall not limit BRE's ability to
transfer a particular employee where there is a specific
requirement of the company or an employee.
15.1.3.
An employee may request to transfer to another
location where BRE has a vacancy in a position
suitable to that employee.
BRE shall reasonably
consider that request having regard for the employee's
reasons, equity, compassionate considerations and the
operational requirements at both locations.
Temporary Transfers
15.2.1.
Notwithstanding the provisrons of clauses 15.1 and
15.5, an employee can be required to transfer
temporarily to another location for a period of up to six
weeks at a time subject to BRE providing the employee
with appropriate accommodation and / or expenses as
applicable to and in accordance with clause 40.
Transfers between metropolitan locations are not
limited by the six week period unless the employee
incurs additional time or distance burdens.
15.2.2.
The general principles associated with arranging
temporary transfers will be:
(i) Calling for suitable volunteers in the first instance.
(ii) If there are no volunteers, or insufficient volunteers,
then the application of a process where employees
equitably share in the requirement to work away
from home.
(iii) Recognition that on occasions, due to either BRE's
specific requirements or an employee's specific
needs, a particular employee may be required or
may not be able to temporarily transfer.
(iv) Unless a shorter period of notice is agreed to by the
employee, a minimum of 14 days' notice shall be
provided where an employee is required to
temporarily transfer for a period of seven days or
more.
Employees may
need to work away
from home at short
notice but will not be
required to be away
for more than a
week.
(v) Employees required to temporarily transfer for a
period of greater than two weeks shall be entitled to
return to their home for a full weekend every two
weeks. Where an employee elects to return home
under these provisions BRE shall facilitate transport
arrangements and meet the associated travel
costs.
15.3.
Term Transfer
15.3.1.
Where an employee agrees to transfer under a Term
Transfer arrangement to another location to meet
BRE's requirements for a fixed term of up to two years,
the employee will be entitled to the following:
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(i)
be guaranteed a return to their original home
location (or other agreed location), within their
classification, at the end of the agreed term;
(ii) not lose their home base protection,
as provided for at clause 15.5; and
if applicable,
(iii) be provided with any such further assistance, in
addition to that provided for by the Relocation
Assistance
policy, as agreed to facilitate the
transfer and subsequent return at the end of the
term transfer.
16.
15.4.
Where a permanent transfer is initiated by BRE and necessitates a
change of residence, BRE will pay relocation assistance in
accordance with the Relocation Assistance policy.
15.5.
Notwithstanding the preceding provisions of this clause, a former
WAGRC employee (as defined) who is required to permanently
transfer away from the employee's
appointed location as at
December 17 2000, can elect to refuse the transfer and, if no other
suitable positions are available with BRE in Western Australia, the
employee's employment can be terminated pursuant to clause 13.
15.6.
Promotion
15.6.1.
For positions covered by this Agreement BRE will give
existing employees the opportunity for promotion to
vacant positions. However, BRE may also, based on
the specific circumstances of the vacant position, seek
to fill the vacancy by way of external recruitment.
15.6.2.
Internal promotions
will be filled by calling for
expressions
of interest
and
considering
those
expressions through a merit based selection process.
15.6.3.
For the purpose of this subclause,
skill based
progression
shall not be regarded as promotion.
Positions to be filled by way of appointment, as
opposed to progression, are prescribed in APPENDIX 1
CLASSIFICATION
INDICATIVE
DUTIES
and
REQUIREMENTS.
DISCIPLINARY
16.1.
16.2.
MATTERS
Subject to the following provisions of this clause, the disciplinary
measures that BRE may take against an employee include:
16.1.1.
A caution or reprimand;
16.1.2.
Suspension from duty without pay (subsequent to the
results of an appropriate investigation) for a period of
up to two weeks; and
16.1.3.
Dismissal, with or without notice as applicable.
Pending the outcome of the investigation
be:
process employees
may
16.2.1.
Suspended without loss of pay (overtime excluded); or
16.2.2.
Placed on alternative
(overtime excluded); or
duties
without
loss
of
For
clarification,
"notice" in 16.1.3
refers to a notice
period or payment
in lieu of, rather
than "advice" of
dismissal.
pay
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16.2.3.
16.3.
Re-assessed and continue with normal duties if suitable
and applicable given the circumstances.
Any internal investigation of a matter or incident by BRE that may
lead to disciplinary action being taken must apply the principles of
natural justice. These principles include:
16.3.1.
During the investigation stage, an employee being
interviewed as part of the investigation may have a
witness present at the interview.
A witness cannot
actively participate in the interview process.
16.3.2.
Where the investigation leads to the prospect of an
allegation (or allegations)
being made against an
employee that may lead to disciplinary action the
following shall be observed:
(i)
The employee
allegation( s);
being
made
fully
aware
of the
(ii) The employee
being provided
with relevant
information to enable the provision of an informed
response;
(iii) The matter being dealt with as expeditiously as
possible given the circumstances of the matter in
question;
(iv) The employee being given adequate time to
prepare a response to any allegations and the
employee being entitled to have a representative
assist
with
such
responses
and
make
representations to BRE on the employee's behalf;
(v) The
employee
being
given
a
reasonable
opportunity to put their case to those who will make
any findings and / or determine the disciplinary
measures (if any) to be taken; and
(vi) Disciplinary
confidential.
17.
RAIL SAFETY ACCREDITATION,
17.1.
inquiries
and investigations
shall be
LICENCES & QUALIFICATIONS
Employees engaged in rail safety work are required to be accredited
by obtaining and holding a Track Access Permit ("Permit"), relevant
to their position, to enable them to work on the Rail Network.
17.1.1.
The Rail Network Owner may apply penalties for
infringements against the applicable Rail Network rules
/ instructions. The application of these penalties may,
subject to any rights of appeal under the Rail Network
rules / instructions, result in an employee having their
Permit suspended.
17.1.2.
Employees are also required to satisfy the nationally
recognised Health Assessment
(being the 'National
Standard
for Health Assessment
of Rail Safety
Workers'),
including vision and hearing standards
relevant to their roles and failure to maintain these
required standards may result in the Rail Network
Owner
suspending
or removing
an employee's
accreditation.
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17.2.
Employees may also occupy positions where the holding of licences
and I or qualifications are essential requirements for the proper
performance of their position.
17.3.
Employees who, for any reason, fail to obtain or have their Track
Access Permit, licence(s) or qualifications suspended or removed
and, therefore, cannot perform the work for which they are
employed may be required to:
17.3.1.
take leave (accrued or without pay); and lor
17.3.2.
accept suitable alternative employment, if available,
which may result in a reduction in position,
classification and pay,
until the employee can successfully regain the necessary Track
Access Permit accreditation, licence or qualification.
17.4.
In 'health failure' circumstances where the employee accepts
alternative employment that results in a reduction in the employee's
base rate of pay, the employee shall have their substantive base
rate of pay maintained for a period of six months.
17.5.
In circumstances where the loss of the Track Access Permit, licence
or qualification is:
17.5.1.
Permanent; or
17.5.2.
likely to extend beyond six months; or
17.5.3.
there are no suitable positions to which the employee
can be temporarily placed;
BRE and the employee may discuss alternative arrangements but
this will not limit BRE's right to terminate the employee's services in
accordance with the provisions of this Agreement, subject to the
determination of any review processes.
18.
STAND DOWN
18.1.
BRE may stand down an employee without pay for any period
during which the employee cannot be usefully employed due to any
cause outside of BRE's control including industrial action internal or
external to BR's business.
18.2.
As soon as practicable and prior to any definite decision to stand
down employees employed under this Agreement BRE shall consult
with the employees and, if requested, their nominated
representatives, about the reasons for the stand downs, the
expected duration and the employees likely to be affected. Such
consultation shall involve examining opportunities for other useful
work including any required training and re-accreditations or other
strategies to reduce the impact of the stand down on employees.
18.3.
Each employee to be stood down shall be provided with written
notice at least one day in advance of the stand down commencing
for that employee and such notice shall include the commencement
date of the stand down, the reason for the stand down and the
expected duration. The notice shall also include advice of that
employee's right to seek alternative employment during the stand
down period or to terminate their employment without the provision
of notice as usually required under the terms of clause o.
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19.
18.4.
Employees stood down may elect to have a stand down period paid
as leave or other time owed where there is an accrued entitlement
to such leave.
18.5.
Any period for which an employee is not paid under the provisions of
clause 18.1 will count as service for the accrual of leave to which the
employee would otherwise be entitled under this Agreement,
provided that the employee resumes work as required at the end of
the stand down period, having regard for obligations I circumstances
the employee may be required to meet before being able to resume
work.
CONTINUITY OF SUPPLY OF SERVICES
The parties to this Agreement recognise the vital importance of on-time and
reliable provision of services to BR's customers. To ensure that this service
is provided, the parties and employees give a commitment to make every
possible effort to avoid disruption to services. A key part of this commitment
is the requirement of the parties to utilise and adhere to the dispute
settlement procedure outlined in clause 58 should a dispute arise.
20.
INFORMATION
ACQUIRED AND INTELLECTUAL
PROPERTY
20.1.
Except where expressly authorised by BRE, employees shall not
directly or indirectly reveal to any third party any confidential
dealings, finances, transactions or affairs of BR IBRE, or any of its
clients, which may come to the knowledge of the employees during
their employment.
20.2.
All documents or information in permanent (including electronic)
form, made or acquired by the employees in the course of their
employment, shall remain the property of BR I BRE and must be
returned to BR I BRE on demand or otherwise no later than upon
termination of their employment.
20.3.
Any invention, discovery, improvement, design, drawing or other
material ("intellectual property") developed or produced by an
employee, either directly or indirectly in the course of employment
with BRE will be the property of BR I BRE.
20.4.
Employees
are required
to advise
BRE immediately
and
confidentially
of any such developments
and do whatever is
necessary to enable BR I BRE to formalise proprietary protection for
any such developments.
20.5.
Employees are encouraged to be innovative and BRE will consider
appropriate recognition I rewards for employees who put forward
such developments, however, this shall not be taken to imply that
BRE shall be under any obligation to make any special payments to
an employee for such developments.
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PART 3 21.
WORKING ARRANGEMENTS
WORKING HOURS ARRANGEMENTS
Subject to clause 22, the working hours' arrangements shall be as follows:
22.
21.1.
The ordinary working hours will be an average of 38 hours per week
and worked between 0600 hours and 1800 hours Monday to Friday
inclusive.
21.2.
The introduction of, or changes to, the working hours arrangements
requires consultation with the employees affected by the new I
changed arrangements and will be undertaken in accordance with
clause 29.
ARRANGEMENT
OF ORDINARY HOURS
For full time employees, the arrangement of the average 38 ordinary hours
per week will be organised as follows:
22.1.
152 hours worked over the 19 days of two consecutive fortnightly
pay periods (herein referred to as "19 day month") to provide for one
day off (herein referred to as "Credit Day") per two pay periods.
22.2.
Any absences from work will be debited against the applicable leave
type as 8 hours for a full day and 40 hours for a full week with the
0.4 or 2-hour component, respectively, going towards the
accumulation of the Credit Day. This shall also apply for any form of
leave without pay.
22.3.
The introduction of the Credit Day arrangement is to be on a cost
neutral basis and specifically the extra hours worked (on any day or
in any pay period) necessary to accumulate time to facilitate the
Credit Day is not to result in additional hours payments.
22.4.
The rostering and taking of Credit Days will be arranged having
regard for the requirements of the workplace and the majority
preferences of the employees in each team I workplace, including:
22.4.1.
the distribution of Credit Days over the 4 weeks and
particular days of the week;
22.4.2.
coverage of work requirements on days with reduced
staffing due to Credit Day clearance, planned leave or
unscheduled absences;
22.4.3.
processes to cover particular seasonal requirements
and attending to emergencies I unavoidable
necessities;
22.4.4.
addressing employee requests for changes to the
planned day off.
22.5.
Due to operational requirements an employee may be requested to
either change the Credit Day to another day within the period or
accumulate the day for later clearance and the employee shall not
unreasonably refuse such a request.
22.6.
Employees may request to have their Credit Day changed to an
alternate day to meet personal requirements and the employer shall
not unreasonably decline such a request.
22.7.
Any requirement to work on a day that was otherwise planned to be
a Credit Day will not attract additional hours payments;
The two pay period
credit day cycle will
be consistent for al/
locations.
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22.8.
An employee shall only be able to accumulate a maximum of six
Credit Days and once six days have accumulated all future Credit
Days must be taken as they fall.
22.9.
Where an employee, as a result of being flexible to meet operational
requirements, has accrued a number of credit days (to the maximum
provided for in clause 22.8) and has subsequently been unable to
reschedule these days to be cleared at another time, the Company
will provide the employee with the option of receiving a lump sum
payment in lieu of the credit days, at their ordinary rate of pay. This
opportunity will occur once a year, during a pay period in December
as nominated by BRE.
2012
22.10. Time off in lieu
23.
22.10.1.
Employees may, subject to operational requirements,
request to have a working day (or part day) off under a
"time of in lieu" arrangement.
22.10.2.
The time off in lieu arrangement shall be
accommodated by the employee temporarily working
additional ordinary hours to facilitate the accumulation
of sufficient time to cover the time off.
The
accumulated time may be worked before and / or after
the taking of the requested day (or part day).
22.10.3.
The application of a time off in lieu arrangement shall
not result in additional hours' payments or any other
additional costs to BRE.
SHIFT LENGTHS
23.1.
Ordinary time shifts may be arranged at any length between four
and eight hours inclusive, subject to the following:
23.1.1.
Normal rostered work shall be arranged in shifts of
eight hours.
23.1.2.
Shift lengths between four hours and eight hours
inclusive shall not be used for normal rostered work but
may be used in circumstances including; travel,
meetings, training, health assessments or other similar
appointments.
23.2.
Except where clause 23.3 applies, a minimum payment of three
hours at the additional hours' rate shall apply for call outs and other
additional hours that are not continuous with an employee's ordinary
shift.
23.3.
A minimum of four hours at the additional hours' rate shall apply for:
23.3.1.
pre-arranged additional shifts worked on weekends;
and
23.3.2.
call outs on a weekend or public holiday for an
employee who is not rostered to be on call.
23.4.
The minimum payment of additional hours for call outs only applies
to employees who, at the time, are not in receipt of the standby
roster block payment (Clause 27 / 35).
23.5.
Travel from and to the employees' place of residence or temporary
residence (the residence) shall be treated as follows:
For
clarification,
"weekend" refers to
the 48 hour period
from midnight on
Friday until midnight
on Sunday.
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24.
23.5.1.
In all circumstances, except as provided in subclause
23.5.2, travel to and from work shall not count as
working time for any payment and rest period purposes
unless the employee is directed to commence at an
alternate location which is further than the employee's
usual starting place. In such cases the employee will
be paid for any extra time taken to travel to the
alternate location on a stand-alone basis at the ordinary
rate of pay.
23.5.2.
Where an employee responds to a callout, travel time
as the driver or a passenger, shall be counted as part
of the shift for payment and rest period purposes.
ADDITIONAL
HOURS AND SHIFTS
Subject to the following provisions, employees may be required to work any
further hours or shifts beyond the ordinary hours that are reasonable and
necessary for the efficient performance
of their duties or to satisfy
operational requirements. Time worked in excess of the ordinary hours will
be paid in accordance with clause O.
24.1.
For reasons other than an emergency or unavoidable necessity (as
defined) employees may decline to work a shift beyond 12 hours.
24.2.
In the case of an emergency or unavoidable necessity, employees
may be required to work shifts up to a maximum of 16 hours, unless
the employee indicates he / she is no longer fit to continue.
24.3.
BRE acknowledge
that in emergency I unavoidable necessity
situations where employees may be required to work up to a
maximum of 16 hours, the working of long hours in such
circumstances increase the potential for error and therefore a higher
duty of care is required.
24.4.
An employee may refuse to work additional hours or shifts where
the requirement
to work those additional
hours would be
unreasonable having regard to:
24.5.
24.4.1.
any risk to employee health and safety;
24.4.2.
the employee's personal circumstances
family or carer responsibilities;
24.4.3.
the needs of the workplace or BRE;
24.4.4.
the notice (if any) given by BRE of the requirement to
work those additional hours and by the employee of the
intention to refuse; and
24.4.5.
any other relevant matter.
including any
To avoid any doubt, when working normal rostered work, additional
hours payments accrue once the ordinary hours for the day have
been worked. Therefore:
24.5.1.
Additional
shift; and
hours are paid at the end of the ordinary
24.5.2.
A change to an employee's starting times, regular or ad
hoc, does not convey an entitlement to additional hours
payments at the start of a shift because of the starting
time change.
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24.5.3.
25.
2012
An employee who may otherwise have worked
additional hours on a given day but is absent for a part
of that day on any form of leave shall be paid for the
hours actually worked at ordinary rates and the balance
of the ordinary shift debited against the applicable leave
type. That is, no additional hours payment will apply on
that day.
MEAL BREAKS
25.1.
On any shift that exceeds five hours, employees shall be entitled to
an unpaid and uninterrupted meal break of 30 minutes and
employees required to work shifts in excess of ten hours shall be
entitled to a further paid break of 20 minutes.
25.2.
The timing of meal breaks shall be as agreed between the
supervisor and the employee(s) so as to cause the least disruption
to the operations but will be no later than the fifth hour of the shift.
25.3.
An employee required to attend a call out or work other additional
shifts in excess of four hours duration shall be entitled to a paid
meal break of 20 minutes where the call out or additional shift
continues beyond that four hours. The timing of the meal break will
be arranged so as to cause the least amount of disruption to the
operations.
25.4.
The unpaid 30 min meal break may be converted to a paid 20 min
break in the following circumstances:
25.5.
25.4.1.
Where the employee, due to requirements of the
supervisor (or other authorised person), is unable to
have an uninterrupted meal break, or;
25.4.2.
Where the employee is requested to be on standby
during their meal break (where the time of the meal
break cannot be reasonably moved) or;
25.4.3.
Where the employee is required to return to work
during their meal break (once commenced).
Example of not being
able to have a meal
break may include
when a Patroller is
required to be on
track in a specified
window to follow a
train.
When the paid meal break is applicable, in agreement with the
employee's supervisor (or other authorised person), the employee
may either finish duty after 8 hours or be paid additional hours if the
employee works beyond eight hours for the day.
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26.
2012
REST PERIODS
26.1.
The minimum rest period between ordinary shifts shall be 10 hours.
26.2.
Where circumstances require, and subject to satisfying fatigue
management requirements, employees may be requested, and
agree, to resume work without the minimum rest period.
26.3.
In the case of callouts, the provisions of clauses 26.3.1 to 26.3.6
shall apply.
26.3.1.
Except where clause 26.3.4 applies, where an
employee has completed a ten-hour break from work
and attends a callout (or callouts) and the employee is
planned to commence an ordinary shift following the
call out, the following will apply:
(i) Where the callout starts after 2am and before 4am,
the employee is entitled to a break of up to 8 hours
following the completion of the call out, otherwise;
(ii) The commencement time of the ordinary shift shall
be moved back by the length of the actual time
worked on the call out (or call outs).
26.3.2.
Where an employee has not completed a ten-hour
break from work and attends a callout (or callouts) the
employee shall be entitled to a 10 hour break after
attending the last callout during the non-work or
rostered standby period.
26.3.3.
For the purpose of determining rest periods on nonworking days an employee's rest period shall notionally
be treated as commencing at 1600 hours on the nonworking day.
26.3.4.
Where an employee has completed a ten-hour break
from work and attends a callout (or callouts) on a
normal working day, and the callout is still being
attended to at the normal shift commencement time or
a callout commencing on or after 0400 hours
(irrespective of the callout duration) shall be treated as
follows:
(i) The callout commencement time shall be treated as
the start of the shift for the day.
(ii) The employee will work the remaining hours
necessary to complete the 8 hour shift for the day
and then be released from duty (unless required to
continue working due to an emergency or
unavoidable necessity) or, if agreed, the employee
may be released from duty as soon as practicable
to commence rest in accordance with clause
26.3.1.
(iii) Time will be treated as a call out up to the normal
commencement time with the remainder of the 8
hours being treated as ordinary hours and any
hours not worked, up to the original shift finishing
time being treated as make up time.
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(iv) Where the employee is required to continue
working beyond the 8 hours, due to an emergency
or unavoidable necessity, those further hours shall
be paid at the additional hours rate of pay.
27.
26.3.5.
Where an employee commences work later than the
normal commencement time as a result of taking the
rest periods provided for in this clause the employee
shall only be required to remain at work until the
employee's original shift finishing time unless required
to continue work due to an emergency or unavoidable
necessity.
26.3.6.
An employee will not lose ordinary pay as a result of
being provided the above rest periods resulting from
callouts. In such cases, make up time will be paid for
the ordinary hours for the day, callouts excepted, that
have not been worked.
SIGNAL TECHNICIANI
MAINTAINER STANDBY ROSTER
The "Signal Technician/ Maintainer Standby Roster" is a callout
arrangement where the hours outside the employees' normal working hours
are rostered in weekly periods and compensated (in accordance with clause
36) by way of block payments in lieu of allowances and additional hours
payments that might otherwise have applied. Specific details relating to this
arrangement are described in APPENDIX 2 - SIGNAL TECHNICIAN'S &
SIGNAL MAINTAINER'S_STANDBY ROSTER ARRANGEMENT.
28.
NOTIFICATION
28.1.
28.2.
29.
REQUIREMENTS
If an employee is unable to attend work as required the employee
will:
28.1.1.
Advise the employee's supervisor, or another
authorised person, as soon as possible, and as far as
practicable, in sufficient time to permit alternative
arrangements to be made; and
28.1.2.
The employee shall also advise of the expected
duration of the absence and will continue to advise
where there are any changes to the expected return to
work.
Employees are required to provide details of their usual telephone
number(s) at which they may be contacted for the purpose of
notifying them of changes to their working arrangement or for
callouts.
WORKING ARRANGEMENT
CHANGES
The introduction of new, or changes to, working arrangements provided for
in this Part require consultation with the employees affected by the change.
29.1.
In cases involving long-term changes for an individual employee, the
change may be implemented by agreement with the individual
employee, or in the absence of agreement, not earlier than 14 days
from the date notice was provided.
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29.2.
In cases involving long-term changes for a group of employees, the
change may be implemented by majority acceptance of the group
affected by the change, or in the absence of such acceptance, not
earlier than 14 days from the date notice was provided.
29.3.
On occasions, due to specific operational requirements, the ordinary
hours may be temporarily arranged on shifts that commence or
finish between 1800 and 0600 hours. If this is required, notification
will occur in accordance with the provisions of this clause and
additional payments, in accordance with clause 32 will apply.
29.4.
In cases where an employee is required to temporarily work ordinary
hours outside day shift hours (0600 to 1800 hours) in accordance
with clause 29.3 the employee shall be provided with a minimum of
48 hours' notice of such requirement unless a shorter period is
agreed to by the employee.
29.5.
30.
29.4.1.
Where the required notice has been provided (or a
shorter period is agreed) the employee shall be paid
shift work payments (per clause 32) for those hours
between 1800 and 0600 hours.
29.4.2.
Where the required notice is not provided, or there is no
agreement to a shorter period, the employee shall be
paid at the additional hours' rate (per clause 0) for
those hours outside the employee's normal working
hours until the expiration of the required notice.
In cases where temporary changes to an employee's normal
commencing times and finishing times (inside the 0600 to 1800 hour
period) are required this may occur as follows:
29.5.1.
For changes of one hour or less and not involving
additional hours, the employee may be advised no later
than during the preceding shift and no additional
payments shall apply;
29.5.2.
For changes of greater than one hour the employee
shall be provided with a minimum of 48 hours' notice of
such requirement unless a shorter period is agreed to
by the employee.
29.5.3.
Where the required notice is not provided, or there is no
agreement to a shorter period, the employee shall be
paid at the additional hours rate (per clause 0) for those
hours outside the employee's normal commencing or
finishing time until the expiration of the required notice.
FATIGUE MANAGEMENT
BRE recognises that fatigue is an occupational health and safety hazard in the
workplace and acknowledges that some work related factors can contribute to
fatigue. BRE takes occupational health and safety obligations seriously and all
parties to this Agreement are committed to minimising fatigue in the workplace in
accordance with BRE's documented fatigue management programme and rail
industry best practice so far as is reasonably practicable.
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PART 4 31.
REMUNERATION
AND OTHER PAYMENTS
RATES OF PAY
31.1.
The rates of pay from the commencement
follows:
of this Agreement are as
Classification
Rate Per
Annum
Rate Per
F/Night
Rate per
Hour (1)
Trainee Signal Maintainer
$48,961
$1,877.09
$24.70
Leave Loading
Public
Components
included
in the rate
Signal Maintainer - Lvi 1
$53,417
$2,047.95
$26.95
Leave Loading, Telephone Allowance,
Holidav Buyout
$57,753
$2,214.16
$29.13
Leave Loading, Telephone
Holiday Buyout
Allowance,
Public
$60,108
$2,304.45
$30.32
Holiday Buyout
Allowance,
Public
Advanced Signal
Maintainer
Public
$2,464.42
$32.43
Holiday Buyout
Allowance,
$64,280
$2,525.09
$33.22
Leave Loading, Tool Allowance,
Licence Allowance
Electrical
$65,863
$2,651.30
$34.89
Licence Allowance
Electrical
$69,155
Signal Technician
Training Level 1
- In
Signal Technician
Training Level 2
- In
Signal Technician
- Lvi 1
$72,614
$2,783.91
$36.63
Leave Loading, Tool Allow, Electrical Licence
Allow, Telephone Allow, Public Hoi Buy Out
Signal Technician
- Lvi 2
$76,244
$2,923.11
$38.46
Signal Technician
- Lvi 3
$80,056
$3,069.24
$40.38
Senior Signal Technician
$84,058
$3,222.69
$42.40
Comms Maintainer
$57,306
$2,197.03
$28.91
Allowance
Advanced Comms
Maintainer
$60,582
$2,322.64
$30.56
Allowance
Communications
Technician - Level 1
$2,695.38
$35.47
Allowance
Telephone
$70,304
Communications
$2,928.32
$38.53
Allowance
Telephone
$76,380
Advanced Comms
Technician
$3,074.75
$40.46
Allowance
Telephone
$80,200
Senior Communications
Technician
$3,228.44
$42.48
Allowance
Telephone
$84,208
Trainee Per Way Patroller
$53,954
$2,068.53
$27.22
Leave Loading
Per Way Patroller
$60,974
$2,337.64
$30.76
Leave Loading, Telephone Allowance
Advanced
Patroller
$65,059
$2,494.26
$32.82
Allowance
Senior Per Way Patroller
$68,518
$2,626.88
$34.56
Allowance
Signal Technician
Base Rate (2)
$66,243
$2,539.67
$33.42
Leave Loading, Tool Allowance
Per Way
Level 1
Notes:
(1) Hourly rates shown to two decimal places for display purposes only. Actual payroll calculations are to the
(2)
full hourly rate based on entry of the fortnightly amount into the payroll system.
Signal Technician Level 1 Base Rate is used for the calculation of Apprentice rates at clause 31.2 only.
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31.2.
Apprentice Rates
Apprentices will be paid the applicable percentage (as below) of the
Signal Technician Level 1 Base Rate provided for at clause 31.1:
31.3.
31.2.1.
First year of 4 year term - 60%
31.2.2.
First year of a 3 year term or second year of a 4 year
term -70%
31.2.3.
Second year of a 3 year term or third year of a 4 year
term - 80%
31.2.4.
Final year - 95%
Adult Apprentices
31.3.1.
Existing employees who enter into an apprenticeship
with BRE shall have their substantive rate of pay, at the
time of entering into the apprenticeship,
maintained
until such a time as the rate for the position they are
employed in exceeds the maintained rate of pay.
31.3.2.
A person engaged as an apprentice who is 21 year of
age or older shall be paid at a rate not less than the
rate prescribed at clause 31.2.3.
31.4.
Appointments to or progression to subsequent levels of the above
classifications
shall be in accordance
with APPENDIX
1 CLASSIFICATION INDICATIVE DUTIES and REQUIREMENTS.
31.5.
Inclusive Rates
Unless specifically provided for elsewhere in this Agreement, the
above rates of pay are inclusive rates for the employee's ordinary
hours and the requirements
associated
with the respective
classifications.
31.5.1.
For the purposes of clarity the Rates of Pay table at
clause 31.1 contains a column that details specific
components that are included in the rate of pay for the
applicable classifications.
In some cases the inclusion
of these specific components will have a bearing on the
application of other provisions in this Agreement.
31.5.2.
The Tool Allowance
component
for Technician
classifications is for the provision and maintenance of
tools excluding power tools, special purpose tools and
precision measuring instruments which will be provided
by BRE.
For clarity, it is the responsibility of the Technician to
ensure their tools are suitable
for their trade,
maintained in a safe and fit for purpose state and are
secured at all times.
The current value is notionally $16.70 per week and
shall be increased at the same rate and at the same
time as the rate of pay increases provided for at clause
31.6.
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31.5.3.
2012
The Electrical Licence Allowance component for Signal
Technician classifications is for the requirement to hold
and use, in the course of their employment, work
requiring a WA Electrician's Licence.
The current value is notionally $25.63 per week and
shall be increased at the same rate and at the same
time as the rate of pay increases provided for at clause
31.6.
31.6.
31.5.4.
The inclusion of a Telephone allowance is for the partial
reimbursement of telephone rental and call costs
incurred in connection with the work requirements of
those classifications and no further claims relating to
home telephone costs shall be considered.
31.5.5.
The leave loading component contained at clause 31.1
is an amount of 1.3% of the base rate of pay which is in
lieu of 17.5% leave loading being paid at the time
annual leave is cleared.
Agreement Increases
The rates of pay referred to at clause 31.1 reflect the revised rates to take
effect from the commencement of this Agreement.
These rates of pay will be further increased at the commencement of the
first pay period after the nominated date as follows (further detailed in
APPENDIX 3 - RATES OF PAY, ALLOWANCES
THE TERM OF THE AGREEMENT):
32.
31.6.1.
4.00% - 1 January 2014
31.6.2.
4.00% - 1 January 2015
& ROSTER
PAYMENTS
OVER
31.7.
A part time employee's hourly rate of pay shall be calculated as
1/76th of the fortnightly salary applicable to the full time classification
they are engaged in.
31.8.
A casual employee will be paid for each hour worked at the rate of
1/76th of the fortnightly salary applicable to the full time classification
they are engaged in plus 25% casual loading.
SHIFT WORK PAYMENTS
32.1.
An employee who is required to carry out occasional shift work at
ordinary rates will be paid an allowance of 20% of the ordinary rate
of pay for all ordinary hours worked between 1800 and 0600 hours.
32.2.
It is accepted that the occasional nature of shift work requirements
under this Agreement and the payment of the above percentage
based amount is in lieu for any claim to additional annual leave that
might otherwise apply for regular shift workers.
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33.
ADDITIONAL HOURS (OVERTIME) PAYMENTS
Except where an employee and the employer have agreed to a time off in
lieu arrangement or an employee is in receipt of an alternative payment as
provided for elsewhere in this Agreement (e.g. Signal Technician/ Maintainer
Block Payments):
34.
35.
33.1.
all time worked in excess of the ordinary hours for the shift will be
paid on a 'stand-alone' basis at the additional hours rate of 1.7 times
the ordinary rate;
33.2.
all time worked on a Saturday or Sunday will be paid on a 'standalone' basis at the additional hours rate of 1.7 times the ordinary
rate; and
33.3.
additional hours payments made under this Agreement shall be paid
only once for any of those additional hours worked.
ADDITIONAL RESPONSIBILITIES
34.1.
Where an employee undertakes, on a temporary basis, the
substantial responsibilities of another position covered by this
Agreement which has a rate of pay higher than the employee's rate
of pay, the employee will be paid for the time the additional
responsibilities are assumed (i.e. during a normal working day) at
the rate of pay for the higher position.
34.2.
During the period of assuming these additional duties, if the
employee clears approved paid personal or annual leave, this leave
shall be paid at the rate of pay for the higher position, provided that
another employee does not assume (and is paid for) the additional
responsibilities in their absence.
ON CALL PROVISIONS
The following On Call provisions shall apply to employees, other than those
employees paid block payments in accordance with standby roster
arrangements provided for elsewhere in this Agreement.
35.1.
An employee specifically placed on call and required to hold
themselves in readiness to be available outside the ordinary working
hours shall be paid an allowance of $4.48 per hour or part thereof
for each such hour.
35.2.
Except when an employee is physically recalled to work and paid
additional hours payments an employee in receipt of an on call
allowance shall not receive any additional payment for contact with
that employee made while on call. Further, such contact shall not
be regarded as working time for the purposes of the employee's
ordinary working hours, rest periods, additional hours or any other
purpose.
35.3.
To be eligible for payment of the on call allowance an employee
must be contactable and be available to return to work within one
hour. If an employee is not contactable or fails to respond the
employee will not be paid the allowance for the whole period the
employee was required to be on call.
35.4.
The on call allowance shall increase by the same percentage and at
the same time as the Agreement increases provided for at clause
31.6.
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36.
SIGNAL
TECHNICIAN
ROSTER PAYMENTS
&
SIGNAL
MAINTAINER
STANDBY
36.1.
Signal Technicians and Signal Maintainers rostered on standby in
accordance with APPENDIX
2 - SIGNAL TECHNICIAN'S
&
SIGNAL MAINTAINER'S STANDBY ROSTER ARRANGEMENT will
be paid the applicable block payments and where the roster
coverage criteria are met shall also be entitled to the "Availability
Bonus". For the employee on roster, these payments are in lieu of
all additional hours' payments, penalties and allowances that might
otherwise apply.
36.2.
The Signal Technician Block Payments
each Zone are as follows:
and Availability
Bonus for
Made Up Of:
Region -
Maximum
- Roster Zone
Weekly Roster
Payment
Week Night
Block Payment
Weekend
Block Payment
Availability
Bonus
West - Midland
$2,147.66
$107.38
$143.18
$214.77
West - Northam
$2,097.12
$104.86
$139.81
$209.71
West - Narngulu
$1,907.63
$95.38
$127.18
$190.76
Picton,
South
Kwinana & Pinjarra
$1,907.63
$95.38
$127.18
$190.76
East - Merredin
$2,097.12
$104.86
$139.81
$209.71
East - Kalgoorlie
$2,325.17
$116.26
$155.01
$232.52
-
36.3,
2012
The Signal Maintainer Block Payments
each Zone are as follows:
and Availability
Bonus for
Made Up Of:
Region -
Maximum
- Roster Zone
Weekly Roster
Payment
Week Night
Block Payment
Weekend
Block Payment
Availability
Bonus
West - Midland
$1,294.96
$64.75
$86.33
$129.50
West - Northam
$1,260.43
$63.02
$84.03
$126.04
West - Narngulu
$1,145.32
$57.27
$76.35
$114.53
- Picton,
South
Kwinana & Pinjarra
$1,145.32
$57.27
$76.35
$114.53
East - Merredin
$1,260.43
$63.02
$84.03
$126.04
East - Kalgoorlie
$1,398.55
$69.93
$93.24
$139.86
36.3.1.
The rates contained
the operation of this
same percentage
increases prescribed
36.3.2.
The rates in this
renegotiation of
number of faults
of the Agreement
equitable relative
in these tables will take effect from
Agreement and will increase by the
and at the same time as the
in clause 31.6.
table will be reviewed as part of the
this Agreement
in relation to the
and callouts recorded during the term
to ensure that the rates are fair and
to each Roster Zone.
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37.
36.3.3.
Where a Signal Technician/Maintainer is required to
work in another roster zone the employee will be paid
the Standby Roster Payment for the roster zone in
which the employee is actually working or the payment
for the employee's home location whichever is the
higher.
36.3.4.
Should, during the operation of this Agreement, a new
location (or locations) be added to the Signal
Technician/ Maintainer Standby Roster Arrangement
the parties shall discuss and agree on the applicable
Zone rate (or amount) that is to apply for the new
location(s).
AVAILABILITY ALLOWANCE
37.1.
Subject to the foregoing provisions, employees in the classifications
provided below, are required to be reasonably available to respond
to call outs outside their ordinary hours in addition to them being
specifically placed on call in accordance with clause 35 or rostered
on standby in accordance with clauses 27. Accordingly, these
employees will be paid an Availability Allowance of 5% of the
employee's applicable rate per annum, as provided at clause 31.1,
to compensate for this requirement as follows:
Classifications
Siqnal Maintainer Level 1 & above
Communications Maintainers (all classifications)
Siqnal Technician Level 2 & above
Communications Technicians (all classifications)
Perwav Patroller & above
38.
39.
37.2.
The Availability Allowance is paid in addition to the employee's
ordinary rate of pay as prescribed at clause 31.1 and, whilst paid,
will apply for all purposes.
37.3.
Continued payment of the Availability Allowance is dependent on
the employee's reasonable availability, which will be reviewed on a
regular basis and any employee not making themselves reasonably
available when so called may have this payment ceased.
NOMINEE ALLOWANCE
38.1.
An "A" grade electrical licensed tradesperson required to act as a
nominee for an in house electrical contracting licence shall be paid
an allowance of $100.00 per week.
38.2.
The Nominee Allowance shall increase by the same percentage and
at the same time as the Agreement increases provided for at clause
31.6.
38.3.
BR will pay for the appropriate level of insurance to cover the work
of the nominee, where required.
OFFICE MAINTAINER ALLOWANCE
39.1.
Training may be
A Signal Maintainer (at classification levels 1, 2 or 3) or provided to a
Communications Maintainer who is appointed in writing, to assume Maintainer to learn
the office-based administrative duties for their region will be paid an basic
office!
additional allowance of $1.15 per hour as part of their all-inclusive admin tasks and
skills
rate of pay (including payment for periods of approved paid leave) computer
where
required.
whilst the appointment remains in effect.
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40.
39.2.
Should the employee be required to return to field based duties for
operational or structural reasons, they will be notified in writing of
the cessation of the appointment to the Office Maintainer role, with a
minimum of 4 weeks' notice. At the end of the notice period the
allowance will cease.
39.3.
One Maintainer may be appointed in this position for each region,
unless otherwise agreed by BR in accordance with operational
requirements.
39.4.
Office-based administrative duties may include but are not limited to;
office maintenance, signing off job cards, checking timesheets and
obtaining approvals, validating and processing invoices, maintaining
records, ordering/ collecting/ receiving/ issuing of equipment.
39.5.
Should another Signal Maintainer or Communications Maintainer
assume the office-based administrative duties in an acting capacity
(e.g. to cover a period of leave), that Maintainer shall be paid the
allowance for the acting period, subject to supervisor approval.
39.6.
The employee assuming the Officer Maintainer administrative duties
shall be required to be competent in basic office/ administrative
tasks and computer skills, including proficiency in Word, Excel,
Outlook and other Microsoft and operational software as required
39.7.
The Office Maintainer Allowance shall increase by the same
percentage and at the same time as the Agreement increases
provided for at clause 31.6.
EXPENSES
Expenses incurred by an employee while on BRE's business will be paid in
accordance with the following provisions and BRE's policy concerning
expenses. Employees shall only be paid expenses when a cost is actually
incurred and employees may be required to provide evidence to BRE's
satisfaction of those costs incurred.
40.1.
Away from home and meal expenses
An employee required to temporarily reside away from home shall
be either reimbursed all reasonable costs incurred or paid an away
from home allowance. An employee required to work away from
home will be informed of the method to apply as part of finalising the
arrangements prior to the employee going away.
40.1.1.
Reimbursement
Method
(i) Where reimbursement is to apply BRE will
reimburse the employee for all reasonable
accommodation, meals and incidental costs
incurred on the provision of valid tax invoices for
the expenses incurred.
(ii) Where an employee is unable to meet the costs of
accommodation and / or meals the employee may
be paid an advance equivalent to the estimated
cost of accommodation and or meals and
subsequently adjusted on the provision of valid tax
invoices for the expenses incurred.
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Away from Home Allowance
40.1.2.
(i)
Location
Accommodation
Rate per day
$
Method
An employee who utilises hotel I motel type
accommodation
shall be paid away from home
allowances in accordance with the following table:
Food & Drink
Breakfast
I
24.35
Lunch
I
27.35
Dinner
46.70
Incidentals
Total
$
$
Perth metro
233.00
98.40
17.85
349.25
Kalgoorlie
159.00
98.40
17.85
275.25
135.00
98.40
17.85
251.25
155.00
98.40
17.85
271.25
Geraldton
Bunbury
Breakfast
21.80
I
Lunch
24.90
I
Dinner
42.90
Albany
127.00
89.60
17.85
234.45
Esperance
127.00
89.60
17.85
234.45
Other regional
areas
106.00
89.60
17.85
213.45
(ii) The away from home allowance, or the relevant
component(s),
shall
not
be
paid
where
accommodation and I or meals are paid for by BRE
or are included as part of the travel (e.g. plane
travel) or otherwise provide e.g. training courses,
conference, meetings etc.
(iii) Payment of an allowance for incidental expenses
will only be made to an employee in conjunction
with an overnight stay.
Only one allowance for
incidentals may be claimed for each day of travel
relating to the overnight stay.
For clarity, the
reasonable incidentals amount applies to the first
and last day of travel where an overnight stay is
involved.
Incidental expenses are extra costs
incurred because the employee is away from home
for work purposes and do not include personal
expenses which would normally be incurred by the
employee in the course of the employee's working
day.
(iv) The away from home allowance rates are in
accordance with the "Reasonable
Daily Travel
Allowance expenses" as declared by the Australian
Taxation Office (ATO). These amounts, including
any changes to the specified high cost country
centres or Tier 2 country
centres, shall be
adjusted each year following publication
by the
ATO and be effective from the commencement
of the first pay period on or after July 1 each
year.
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40.2.
Other Than Hotel I Motel accommodation
Where an employee is required (or elects) to stay in other than hotel
/ motel accommodation (e.g. chalet / B&B / boarding house or
similar) the employee will be reimbursed for the cost incurred of the
accommodation (as demonstrated by receipts) plus the applicable
meal and incidentals amounts provided for at clause O. Part days at
the start or end of a stay shall be apportioned in 8 hour blocks
starting at 0001 hours based on the time the employee departed
their home or arrived at home as the case may be to determine the
meal components paid.
40.3.
Private accommodation
Where an employee elects to stay in private accommodation (e.g.
relative / friend) the employee will be paid a per day allowance
equivalent to the meals components only, for the relevant location,
as provided for in the table at clause O. Part days at the start or end
of a stay shall be apportioned in 8 hour blocks starting at 0001
hours based on the time the employee departed their home or
arrived at home as the case may be to determine the meal
components paid.
40.4.
Meal Expenses not involving an overnight stay
Subject to approval by BRE, reasonable costs incurred by an
employee for meals while on BRE business that does not involve an
overnight stay will be reimbursed (up to the maximum value for the
relevant meal as provided for at clause 0) on the provision of valid
tax invoices for the expenses incurred.
40.5.
Private Motor Vehicle Reimbursement
40.5.1.
Where an employee is requested by the employer, and
agrees, to use his/her motor vehicle on work related
duties he/she shall be reimbursed the applicable "cents
per kilometre" rate for the work related distance
travelled, as follows:
Engine capacity
1600 cc or less
1601 cc - 2600 cc
2601 cc and over
40.5.2.
40.6.
Cents per kilometre
63 cents
74 cents
75 cents
The rates provided in the table above are
determined by the ATO and shall be adjusted each
year following publication by the ATO and be
effective from the commencement of the first pay
period on or after July 1 each year.
Other Expenses
Other expenses reasonably incurred, including costs incurred in
excess of an allowance paid, may be reimbursed in accordance with
BRE's policy subject to the employee providing valid tax invoices for
those costs incurred.
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41.
DISTRICT ALLOWANCE
41.1.
An employee who lives and works at the following locations will be
paid a weekly district allowance as follows:
41.1.1.
Kalgoorlie; $47.80 per week:
41.1.2.
Merredin: $50.58 per week;
41.1.3.
Narngulu: $16.15 per week.
41.2.
Where a dependant resides with an employee who lives and works
at the locations stated in clause 41.1, the employee will be paid a
district allowance at double the rates provided for at 41.1.
41.3.
For the purpose of this clause a "dependant" is:
41.3.1.
a spouse; or
41.3.2.
where there is no spouse, a child or any other relative
of the employee who relies on the employee for their
main support;
who does not receive a district or location allowance of any kind.
41.4.
An employee without dependants who temporarily resides away
from home in accordance with the provisions of clause 40 will not be
paid a district allowance.
41.5.
An employee with dependants who temporarily resides away from
home in accordance with the provisions of clause 40 will be paid
district allowance at the District Allowance Single Rate provided that
the dependant(s) resides at the employee's home at either of the
locations stated in clause 41.1.
41.6.
District allowances will not be paid when an employee is absent
from work without pay. Deduction of the allowance will be pro rata
to the days in each pay period the employee is absent on leave
without pay.
41.7.
The rates contained in this clause shall be adjusted from the
beginning of the first pay period commencing on or after the 1st day
in July of each year in accordance with the annual percentage
change in the Consumer Price Index, for Perth measured to the end
of the immediately preceding March quarter, the calculation to be
taken to the nearest ten cents.
41.8.
If, through policy, BRE make available a location payment or rental
assistance ("location based payment") for employees at either of the
locations stated in clause 41.1 and that location based payment is of
greater value to the employee than the allowance provided for in this
clause then the location based payment may be paid in lieu of the
allowance provided for under this clause.
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42.
43.
PAYMENT OF REMUNERATION AND DEDUCTIONS
42.1.
Following submission of an approved timesheet to payroll,
employees shall be paid in fortnightly instalments on a day
determined by BRE and advised to the employees.
42.2.
All remuneration shall be paid into accounts, with a bank, building
society or credit union, as nominated by the employee.
42.3.
All increases to the rates in this Agreement in accordance with
clause 31.6 shall be applied to the annual amounts and the
calculation of an employee's fortnightly rate will be the per annum
rate multiplied by 12 and divided by 313 and the hourly rate is the
fortnightly rate divided by 76.
42.4.
Any payments due shall be up to 2400 hours on the last day of the
relevant pay period. That is, any payments for time which goes
beyond the end of one pay period shall be attributed to and paid in
the following pay period.
42.5.
Unless specifically provided for elsewhere in this Agreement, hourly
based payments shall be calculated to the nearest 15 minutes.
42.6.
In addition to any statutory deductions that BRE may be required to
make, BRE may make such other payroll deductions, (periodic or ad
hoc) as authorised in writing by an employee, and remit such
monies direct to the organisation(s) nominated by the employee.
42.6.1.
BRE provide this facility as a benefit to employees and
do not charge a fee for the provision of this service.
42.6.2.
The extent to which this facility is provided is at the
discretion of BRE and it is not the intent of this clause
to convey any obligation on BRE to extend the range of
organisations beyond those provided for at the time of
this Agreement coming into effect.
SALARY PACKAGING
43.1.
An employee may, by separate agreement with the employer, enter
into a salary packaging arrangement in accordance with the
employer's policy, Australian Taxation Office requirements and other
relevant legislation.
43.2.
An employee entering into a salary packaging arrangement is
accountable for compliance with their personal taxation obligations
and will bear any costs associated with entering into the
arrangement including the costs of obtaining financial advice.
43.3.
The employer will not be liable for any costs should the law or the
views on salary packaging change in the future.
43.4.
The salary packaging arrangement will be on a genuine salary
sacrifice basis where the ordinary rate of pay provided for under this
agreement will be reduced by the value of the non-cash components
of the package. However, payment of hourly rate based payments,
such as additional hours' payments, shall be calculated on the full
hourly rate for the work performed.
43.5.
Salary package arrangements shall be on a fixed non-cash amount
per pay period basis only. That is, employees will not be able to
nominate a residual cash component with the balance being the
non-cash component.
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44.
SALARY CONTINUANCE
Subject to, and in accordance with, the applicable policy, all eligible
employees are automatically covered under our Group Salary Continuance
(GSC) Insurance.
45.
44.1.
In the event that an employee who is applying for salary
continuance has exhausted all their personal leave accrual prior to
the qualifying period concluding, the employee will be granted
special paid leave until such time as the claim is reviewed by the
Insurer.
44.2.
Where approved, payment of special leave will be at the employee's
substantive ordinary rate of pay, however annual leave, personal
leave and long service leave shall not accrue during the period
where special paid leave applies.
44.3.
The employee's personal leave shall be used to cover any shortfall
in the Insurer's base pay coverage (i.e. if the Insurer covers base
pay up to a maximum 75% the employee's personal leave will cover
the remaining 25%). In the event that the employee has exhausted
all personal leave the gap may be covered by special paid leave by
BRE.
44.4.
In the event the Insurer declines the claim, BRE will not be required
to provide any further special paid leave.
SUPERANNUATION
45.1.
BRE will make superannuation contributions on the employee's
behalf, as provided by the Superannuation
Guarantee
(Administration) Act 1992, into a complying superannuation fund as
nominated by the employee.
45.2.
Where an employee does not nominate a complying superannuation
fund by the end of the first pay period of commencing employment,
BRE will make contributions to the default fund. For the purpose of
this Agreement the default fund is AustralianSuper.
45.3.
For the purposes of Clarity, an employee who enters into a salary
sacrifice arrangement in accordance with clause 43 shall have their
employer superannuation contributions provided for under this
clause calculated on the rate of pay provided for at clause 31.1 and
not be reduced by virtue of the salary sacrifice arrangement.
45.4.
An employee electing to enter into a superannuation salary sacrifice
arrangement can only do so to their complying fund nominated at
clause 45.1, not an alternate fund.
45.5.
An employee in receipt of workers compensation payments shall
have their employer superannuation contributions as provided for
under this clause calculated on the workers compensation payments
as prescribed by the relevant workers compensation legislation.
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PART 5 46.
LEAVE
ANNUAL LEAVE
46.1.
Employees shall be entitled to 160 hours paid leave per year.
46.2.
Leave will accrue weekly, on a pro rata basis.
46.3.
Annual leave shall be paid at the employee's ordinary rate of pay.
46.4.
Leave may be taken in more than one part as agreed between BRE
and the employee.
46.5.
Where an employee accrues in excess of 320 hours of annual
leave, BRE will encourage the employee to take some of the
accrued leave, subject to any agreed leave plan.
46.6.
Where a public holiday falls within a period of annual leave the day
shall be paid as a public holiday and not as annual leave.
46.7.
For the purpose of debiting annual leave, a day's annual leave shall
be 8 hours and a week's annual leave shall be 40 hours.
46.8.
Leave clearance shall be managed with due consideration of
operational requirements, employee requests and the equitable
sharing of leave during particular seasons and periods of demand.
46.9.
In accordance with the Act, BRE may provide employees with the
opportunity to elect to forgo part of their accrued entitlement to
annual leave and receive pay in lieu of the amount of annual leave
forgone, subject to the following:
46.9.1.
The election to "cash out" annual leave occurs within
prescribed time periods as communicated by BRE from
time to time, in accordance with policy unless otherwise
agreed;
46.9.2.
An employee's remaining accrued entitlement to paid
annual leave is not less than four (4) weeks after any
such 'cashing out';
46.9.3.
Each time annual leave is paid out it is agreed to, in
writing by BRE and the employee;
46.9.4.
The amount paid is that which would have been
payable had the employee taken the leave that has
been forgone;
46.9.5.
The amount will be paid as a lump sum, subject to
PAYG tax, but not subject to the superannuation
guarantee.
46.10. Nothing in clause 46.9 shall act so as to alter the intent of the
provision of annual leave, which is for leave to be taken to provide
employees with an opportunity to rest, away from work. The onus lies
both with employees and their supervisors to manage annual
balances and operational requirements in such a way that leave is
taken, not 'cashed out'.
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47.
LONG SERVICE LEAVE
47.1.
Employees will accrue long service leave at the rate of thirteen
weeks for each ten years of continuous service. Notwithstanding
the requirements of Clause 47.7, employees will not be able to
access long service leave for clearance until completing 10 years'
continuous service.
47.2.
Long service leave shall be taken in one period, unless otherwise
agreed between BRE and the employee.
47.3.
After 13 years' continuous service employees may take pro rata
long service leave in week-long blocks as accruals allow.
47.4.
Long service leave shall be paid at the employee's ordinary rate of
pay.
47.5.
Where a public holiday falls within a period of long service leave
such day shall be paid as a public holiday and not as long service
leave.
47.6.
For the purpose of this clause, "continuous service" includes:
47.7.
47.8.
47.6.1.
any period during which the employee is absent on paid
leave or workers compensation but does not include
any period exceeding two continuous weeks during
which the employee is absent on leave without pay
including parental leave; or
47.6.2.
any period for which an employee has received a
payment in lieu of the accrual of long service leave.
Intention is to be in
blocks of whole
weeks i.e. 1, 2, 3
weeks etc.
Accruals will become
available at the
completion of each
12 months of
continuous service
An employee will be entitled to pro rata long service leave under the
following circumstances:
47.7.1.
where an employee's services are terminated for
reasons of redundancy or ill health where the employee
is certified permanently unfit to perform the duties of
their appointed position; or
47.7.2.
upon termination of employment, for reasons other than
serious misconduct, where the employee has
completed seven years' continuous service.
Former WAGRC employees (as defined) shall be entitled to long
service leave (LSL) in accordance with the preceding provisions or a
payment in lieu of LSL accruals as follows:
47.8.1.
Where, under the terms of the previous agreement, an
employee had entered into a LSL Buy Out Arrangement
then this shall continue under this Agreement in
accordance with the following terms:
(i) In lieu of accruing LSL, the employee shall receive
an additional payment of 1.87% of the employee's
base rate of pay, which will then form part of the
employee's rate of pay and apply for all purposes.
(ii) Any period for which an employee receives this
payment in lieu of the accrual of LSL shall not be
deemed to be service for the purpose of
determining the employee's entitlement to LSL but
such period shall not break the employee's
continuity of service.
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(iii) An employee on the LSL Buyout Arrangement may
elect to change to accruing long service leave at a
future service anniversary date, however once this
election has been made, the employee may not
change back to the LSL Buyout Arrangement.
47.9.
48.
As a Federal instrument, it is expressly provided that the LSL
provisions of this Agreement
prevail entirely over the terms
contained in any State based legislation dealing with LSL.
PERSONAL I CARER'S LEAVE
48.1.
Employees shall accrue 80 hours paid personal leave per year, all of
which will accumulate if not taken.
Personal leave is for employees to:
48.1.1.
cover absences from work due to their own personal
illness I injury (sick leave); or
48.1.2.
to care for an immediate family or household member
who requires care and support because of their
personal illness I injury or an unexpected emergency
affecting the member (carer's leave).
48.2.
Paid personal
normal working
day's personal
personal leave
leave will be
hours lost as
leave being
being debited
debited in accordance with the actual
a result of the personal leave with a full
debited as 8 hours and a full week's
as 40 hours.
48.3.
In addition to paid carers leave an employee is also entitled to a
period of up to two days unpaid carers leave on each occasion the
employee is required to provide care or support for the reasons
described at clause 48.1.2.
48.4.
Personal leave will be paid at the employee's ordinary rate of pay.
48.5.
An employee may be requested to provide evidence to BRE's
satisfaction that any absence on personal leave was due to the
employee's personal illness or injury or because of the requirement
to care for an immediate family or household member who was ill I
injured or due to an unexpected emergency affecting the member.
48.6.
If an employee has no entitlement to accrued personal leave, and is
granted personal leave without pay the employee will have the
ordinary hours reduced to the extent of the normal working hours
lost as a result of the personal leave without pay.
48.7.
For the purpose of this clause an "immediate
member" is defined as:
family or household
48.7.1.
the spouse, de facto spouse, parent, step parent,
grandparent,
child, step child or sibling of the
employee; or
48.7.2.
the parent, step parent, grandparent, child, step child,
grandchild or sibling of the spouse of the employee; or
48.7.3.
someone who lives as a member of the employee's
immediate family.
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49.
COMPASSIONATE
49.1.
50.
LEAVE
Employees may be paid up to three days compassionate
time lost during normal working hours when:
leave for
49.1.1.
the death of a family member occurs; or
49.1.2.
to spend time with a family member who has an illness
or injury that poses a serious threat to the life of that
person.
49.2.
Applications for compassionate leave shall be considered on its
merits, taking into account the relationship of the employee with the
deceased, the amount of time required away from work, why the
time off is required (e.g. to attend a funeral/memorial
service, to
handle funeral arrangements), whether extensive travel is involved
(interstate or overseas) and any other extenuating circumstances
that may exist.
49.3.
Compassionate
of pay.
49.4.
For the purposes of Compassionate Leave, a family member shall
be as defined under Personal Leave at clause 48.7.
leave shall be paid at the employee's
ordinary rate
PARENTAL LEAVE
In accordance with the
continuous service, may
a child to the employee
under the age of sixteen
50.1.
following provisrons, employees with 12 months
be granted Parental Leave in respect of the birth of
or employee's spouse or the adoption of a child,
years, by the employee:
Maternity Leave
A maximum of 52 weeks leave of which the first 14 weeks shall be
paid maternity leave and the balance of the leave to be either
debited to other accrued leave entitlements or leave without pay.
50.2.
Paternity Leave
A maximum of 52 weeks leave of which two weeks shall be paid
paternity leave and the balance of the leave to be either debited to
other accrued leave entitlements or leave without pay.
In cases of the death / serious incapacity of the mother (and upon
the provision of satisfactory evidence, if required), 14 weeks paid
Paternity Leave may be granted in place of the two weeks provided
for in the preceding paragraph.
50.3.
Adoption Leave
A maximum of 52 weeks leave of which two weeks shall be paid
adoption leave and the balance of the leave to be either debited to
other accrued leave entitlements or leave without pay.
50.4.
The provisions of the above clauses are in addition to any paid
parental leave that may be provided by Federal legislation.
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51.
LAW COURT ATTENDANCE
51.1.
51.2.
52.
Jury Service
51.1.1.
An employee who attends court for jury service will be
paid at the employee's ordinary rate of pay including
payments associated with the rostered shift the
employee would have worked (excluding overtime) for
all normal working time lost.
51.1.2.
An employee is not to claim the fee paid by the court for
jury service and must, on return to work, submit a
Crown Law Department certificate of attendance and
an "Employer Application Form For Reimbursement Of
Wages Paid To Employees" to allow BRE to claim
reimbursement of wages from the Crown Law
Department.
51.1.3.
An employee will not be paid by BRE when the
employee attends Jury Service in their own time, e.g.
annual leave, long service leave, non-working day.
However, where this occurs the employee may receive
fees as prescribed and paid by the court.
51.1.4.
An employee who is rostered on annual or long service
leave, but had not yet commenced the leave, and is
required to attend jury duty may request for the leave to
be rostered at an alternate time.
Other Court Attendance
51.2.1.
An employee who attends court as a witness for BRE
should be rostered to attend in working time and is to
be paid at the employee's ordinary rate of pay including
payments associated with the rostered shift the
employee would have worked (excluding overtime).
The employee is also to be reimbursed any reasonable
expenses associated with attending court.
51.2.2.
Attendance at a court by an employee, for reasons
other than jury services or as a witness for BRE, should
be supported by a Crown Law Department certificate of
attendance and will be either debited to accrued leave
entitlements or treated as leave without pay as applied
for by the employee.
DEFENCE FORCE RESERVES AND EMERGENCY SERVICES
52.1.
An employee shall be provided with leave for training with the
Defence Force Reserves in accordance with the Defence Reserve
Service (Protection) Act 2001 (Cth).
52.2.
An employee who is a voluntary member of a civil emergency group
e.g. State Emergency Service or the Bush Fire Service, may be
granted paid leave to attend an emergency call out subject to:
52.2.1.
the operational requirements of the organisation; and
52.2.2.
BRE receiving and approving a request from the
organisation involved.
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53.
OTHER LEAVE
Employees may also be granted other forms of leave in accordance with the
provisions of BRE's policies and the minimum requirements of the National
Employment Standards under the Act.
54.
PUBLIC HOLIDAYS
54.1.
Subject to the provisions of this clause, the following days shall be
deemed as public holidays:
New Year's Day
Anzac Day
Australia Day
Western Australia Day
Labour Day
Queen's Birthday
Good Friday
Christmas Day
Easter Saturday
Boxing Day
Easter Monday
54.2.
Where any public holiday, other than Easter Saturday, falls on a
Saturday or on a Sunday, the public holiday will not be observed on
the Saturday or Sunday but will be observed on the following
Monday. When Boxing Day falls on a Sunday or Monday, the public
holiday will not be observed on the Sunday or Monday but will be
observed on the following Tuesday.
54.3.
The public holiday will be from 0001 hours to 2400 hours on the day
observed for the holiday.
54.4.
Where an employee, other than a Signal Technician/ Maintainer
who has a Public Holiday Buyout component in their rate of pay (as
provided for at clause 31.1), works on a public holiday, the
employee will be paid eight hours pay at the ordinary rate of pay
plus 1.7 times the ordinary rate of pay for all hours worked on the
public holiday.
54.5.
An employee, other than a Signal Technician/ Maintainer who has a
Public Holiday Buyout component in their rate of pay (as provided
for at clause 31.1), who works on Easter Saturday will be paid as a
public holiday (That is, eight hours pay at the ordinary rate of pay
plus 1.7 times the ordinary rate of pay for all hours worked on the
public holiday.)
54.6.
Signal Technicians/ Maintainers who have a Public Holiday Buyout
component in their rate of pay (as provided for at clause 31.1), are
compensated for participating in the Signal Technician/ Maintainer
Standby roster arrangement and attending call outs while on roster
on public holidays.
Accordingly, an employee rostered to be on
standby and attending callouts on public holidays will receive no
additional payment.
Such an employee called out when not
rostered on standby, will be paid eight hours pay at the ordinary rate
of pay plus 1.7 times the ordinary rate of pay for all hours worked on
the public holiday.
54.7
Where any employee is called out on a public holiday when they are
not rostered to be on standby or on call, the minimum number of
hours provided for at clause 23.3 shall apply.
54.8.
Part-time employees are entitled to public holidays provided the
holidays occur on a day which the employee normally works.
Page 45 of 65
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54.9.
A casual employee required to work on a public holiday will be paid
at the employee's casual rate of pay plus 1.7 times the ordinary rate
for the hours worked on the day.
54.10. Where an employee is not required to work on a public holiday,
other than Easter Saturday, the employee will be paid eight hours
pay at the ordinary rate of pay.
54.11. If an employee is on leave without pay on both sides of a public
holiday then the employee shall not be entitled to payment for that
public holiday.
PART 6 55.
GENERAL PROVISIONS
UNIFORMS AND PERSONAL PROTECTIVE
55.1.
55.2.
EQUIPMENT
Uniforms
55.1.1.
Employees shall be issued with uniforms as appropriate
to their work requirements and contemporary safety /
protective requirements. All such issues are to be worn
as required by BRE and maintained by the employee in
a clean and serviceable condition.
55.1.2.
Replacement uniforms will be either periodic or on a fair
wear and tear basis as determined by BRE.
55.1.3.
BRE shall consult with the relevant employees when
there is a proposal to make a significant change. A
significant change will be a change to the range,
frequency, quality or quantity of uniform issues.
Changes to colour or supplier will not be considered a
significant change.
Personal Protective Equipment
55.2.1.
Employees shall be issued with personal protective
equipment (PPE) as appropriate to their work
requirements. PPE issues shall be personal and not
shared, loaned or borrowed.
55.2.2.
Employees shall ensure that all such issues are worn
and maintained in accordance with BRE's (or
applicable OS&H Act) requirements.
55.2.3.
BRE shall issue PPE on either a periodic or fair wear
and tear basis as determined by BRE, having regard to
its OS&H obligations or any specific product
requirements.
55.2.4.
Changes proposed to PPE shall be managed through
appropriate occupational safety & health processes.
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PART 7 56.
57.
CONSULTATION & DISPUTE RESOLUTION
FUTURE INITIATIVES I SIGNIFICANT CHANGE
56.1.
During the term of this Agreement BRE may seek to introduce
initiatives or other changes that may have an effect on employees.
In such cases BRE shall hold genuine consultations with the
employees (or their nominated representatives) prior to the
implementations of such initiatives / changes.
56.2.
If a future initiative results in added productivity for BRE and have
an outcome which could result in less employees used for a task,
then the parties to the Agreement will hold genuine consultations
prior to the implementation of any outcome in accordance with
regulation 2.09 of the Fair Work Regulations.
CONSULTATIVE ARRANGEMENTS & MECHANISMS
The parties to this Agreement are committed to cooperating positively to
increase the efficiency, productivity and competiveness of BR/BRE and to
enhance career opportunities, employee security and equal opportunity for
its employees.
57.1.
For the purposes of:
57.1.1.
ensuring the successful implementation and application
of this Agreement;
57.1.2.
assisting BRE achieve its objectives;
57.1.3.
providing employees with opportunities for inclusion
and involvement;
57.1.4.
addressing issues associated with significant change
and future initiatives;
a consultative process shall be established under this Agreement.
57.2.
The consultative process shall be at a workplace level where local
management and employees (or their workplace representatives if
nominated and elected by the majority of their fellow employees)
shall participate in regular consultative meetings to discuss and
address issues relevant to the employees at that location. The
process shall be a forum for the exchange of information,
consideration of proposed changes, the development of workplace
improvements and the consideration of any matters arising at the
workplace including the application of working arrangements and
rosters.
57.3.
Matters raised at the workplace level will, in the first instance,
attempt to be addressed locally, however, where they cannot be
addressed at that level they shall be escalated to the next level of
management. The next level of management shall consider the
matter (and seek advice as appropriate) and shall advise the
outcome or provide feedback of progress no later than in time for
the next consultative meeting.
57.4.
If required, matters of a more global nature may be escalated from
local consultative processes to senior management. In these
circumstances, and because of the potential wider application of
such matters, employees, or their representatives, may convene
collectively to consider and address these matters.
Page 47 of 65
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57.5.
58.
The frequency of the workplace meetings shall be at least quarterly
and may be convened separately or held in conjunction with other
regular workplace meetings.
DISPUTE RESOLUTION PROCESS
Disputes, questions, difficulties, concerns or claims arising from this
Agreement, the National Employment Standards, or any other matter
affecting the work of the employee shall be managed in the following way:
58.1.
In the first instance as soon as it is practicable the employee(s)
concerned will raise the concern with their Supervisor/Manager who
will respond within 7 days.
58.2.
The employee(s) may engage an employee representative (as
defined in clause 6) or another team member to assist with
resolution at any stage of the process.
58.3.
If the concern is not resolved by the Supervisor/Manager or where it
is inappropriate to discuss with the Supervisor/Manager, the
concern will be referred to the Manager next in line, who will
respond in 7 days.
58.4.
If the above procedure is followed and the concern remains
unresolved, the matter will be referred to Human Resources for
further assistance and resolution.
58.5.
If the concern is not settled it can be referred by either party to Fair
Work Australia for conciliation.
58.6.
The parties are committed to resolving all matters of concern by
conciliation.
58.7.
The matter may then proceed to arbitration at the request of either
~,
once the parties have exhausted all attempts to conciliate an
agreed outcome.
58.8.
During the period of dispute, from the time when the matter first
arises until the time of resolution, normal work shall continue, unless
the performance of the normal work would place at risk the health
and safety or wellbeing of the employee(s) concerned, or BRE
elects to stand down the employee(s) on pay while the matter is
being investigated. No party shall suffer any prejudice as to the
resolution of this matter by reason only that normal work continues
as required by this process.
58.9.
Should an employee be required to attend conciliation or an
arbitration hearing/ matter before a tribunal, any resulting time off
work shall be granted without loss of ordinary pay.
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59.
EMPLOYEE REPRESENTATION
59.1.
BRE recognises the right of its employees to be represented by
another employee or their union. Such representatives must act in
accordance with their contract of employment and the terms and
conditions of this Agreement.
59.2.
It is further recognised that employee representatives represent
union members at the workplace and will be allowed reasonable
time to attend to any work related matters, on behalf of union
members (where they have been so appointed) but must advise
their supervisor prior to attending to any such matters. Such time will
be allowed for the purposes of minimising the potential for industrial
disputation to occur and resolving problems or issues promptly and
efficiently.
59.3.
BRE will allow employee representatives reasonable access to
telephone, facsimile, photocopying and email services, where
available and provided, for the purpose of carrying out their role.
The use of resources by an employee representative will be subject
to the representative complying with the prevailing company policy
provisions (which shall not impose unreasonable restriction on the
operation of this clause) and the specific directions of the relevant
manager.
59.4.
BRE further recognises Workplace Delegates who are authorised in
writing by those unions who are covered by this Agreement. In it
recognised that these Delegates represent union members at the
workplace and, in addition to those rights above, BRE will permit
Workplace Delegates to post formal Union notices signed off by the
delegates and or Union officials on Company Noticeboards. All
material posted must be authorised by the relevant Union.
59.5.
Union delegates will be entitled to reasonable unpaid time off to
attend union meetings, congresses and conferences, subject to
operational constraints. Union delegates seeking such leave are
required to give fourteen (14) days' notice and BRE will not
unreasonably refuse to approve such leave.
59.6.
Special paid leave, at base ordinary hours, (up to 4 days per
annum) will be granted to employees of BRE who are elected
through the Australian Electoral Commission as delegates of their
Union to attend their Union's National Council; National Executive;
Branch Council; Branch Executive and; Divisional Committee
meetings, or their equivalent.
59.7.
To be eligible for special paid leave, the employee:
59.8.
59.7.1.
Is required to apply for leave at least four (4) weeks
prior to the meeting;
59.7.2.
Is required to provide documentary evidence, signed by
the appropriate authorised Officer of the Union, that
they are an elected delegate of the Union and are
required by the Union to attend the meeting. This
documentation must also include the duration of the
meeting.
BRE will not be liable for any expenses incurred by employee
representatives or union delegates during either unpaid or paid
leave taken as part of their representative duties.
Page 49 of65
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60.
SIGNATORIES
Signed for and on behalf of Brookfield Rail Employment Pty Ltd (BRE):
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Full Name
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Position Title
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Date
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d /. / /. ;;(01 9.
In the presence of (signature and name of Witness):
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Signature
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Full Name
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Address
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Signed for and on behalf of the Australian Rail Tram and Bus Industry Union ("RTBU"):
Signature and Name
f RTBU's representative:
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Sign
Full Name
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Position Title
Address
Full Name
Signature
Address
6000
Date
Page 50 of 65
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Signed for and on behalf of the Communications, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia ("CEPU"):
Signature and Name of CEPU's repr
ntative:
'Full Name
Si nature
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Page 51 of 65
BREA2012V2
APPENDIX 1 - CLASSIFICATION
INDICATIVE DUTIES and REQUIREMENTS
The Indicative Duties and requirements for the classifications detailed at clause 31.1 are as follows:CLASSIFICATION
REQUIREMENTS
INDICATIVE
Minimum entry level requirements
DUTIES I WORK DESCRIPTION
for al/ classifications
Competencies, qualifications, courses and other
requirements for each classification.
are:-
•
Numeracy and Literacy level 2 in accordance with the Australian
Transport & Logistics Industry certification requirements.
•
Health standards and physical mobility requirements
Safety Workers.
•
Hold a current and valid WA 'C' class driver's licence.
Core Skills Framework
and the
as applicable for the role and as prescribed for Rail
Notes:
1.
The duties listed are indicative only, they may not be required to be performed by employees at all times
and will vary based on requirements at specific locations.
Accordingly, in some instance all listed
competencies, qualifications, courses or other requirements may not be required.
2.
All employees may be required to drive light vehicles to convey themselves and others in the course of their
work.
3.
Unless otherwise indicated progression from one Level to the next within the respective streams will be
automatic upon meeting the requirements for the next level.
4.
An employee who has not fully completed a course of training (or a formal skills/competence assessment),
but is working to the equivalent level of skill required for a particular classification may, upon approval, be
progressed to the level at which the employee is working.
SIGNAL MAINTAINER
5.
STREAM
In this stream, BR/BRE will source and provide (nationally recognised and accredited) training for all
employees in these classifications, with an aim to achieve Certificate III level in an appropriate stream such
as Mechanical Rail Signalling, as designated by the Transport and Logistics Councilor
other industry
representative training body.
Trainee
Signal
Maintainer
Signal
Maintainer
- Level 1
Undertake
theoretical
and
practical
components of the Signal Maintainer training,
and;
Perform and/or assist in a wide range of nontrade tasks under direct supervision, including:•
Routine manual tasks,
•
Climb and work
support structures;
on
poles
masts
At this level;
•
Must work to attain and maintain the
applicable
Track
Access
Permit
(WMP05);
•
Must commence instruction in Cert III
or
other
appropriate
training
as
identified in Point 5 above;
•
Must work towards obtaining WMP15;
and
•
Dig trenches, lay conduits and/or cables,
•
Must work to obtain Basic First Aid;
•
Erect and position C&CS structures
mechanical equipment,
•
Must work towards obtaining a valid
WA Restricted Electrical Licence.
•
Utilise relevant hand and power tools.
and
Duties of Trainee Signal Maintainer plus,
•
Perform a wide range of non-trade tasks
(as
detailed
above)
under
limited
supervision,
•
Perform
routine
maintenance,
running
repairs and basic fault finding of signalling
equipment
within
level
of
training,
competence and licensing requirement;
•
Perform
specific
manual
assisted cleaning tasks,
•
Maintain records as necessary;
•
Participate in the on call roster, if required.
or
In addition to the above:
•
•
•
Must hold a valid WA Restricted
Electrical Licence;
Must hold and maintain WMP15 status;
Must have successfully completed the
Entry Requirements of Cert III or other
appropriate training identified in Point 5
above.
machine
At this level;
•
Must work towards completing the Core
Requirements
of Cert III or other
appropriate
training as identified in
Point 5 above.
Page 52 of 65
BREA2012V2
REQUIREMENTS
CLASSIFICATION
Signal
Maintainer
- Level 2
INDICATIVE
•
•
Advanced
Signal
Maintainer
Maintainer
-
Level
Perform basic maintenance function either
individually or assisted;
Perform routine maintenance and basic
fault finding on electrical signalling within
level of training, competence and licensing
requirement.
Duties
of Signal
classifications, plus,
•
1 In addition to the above:
•
Core Units of Cert III or other
Work on C&CS maintenance
activities
appropriate training identified in Point 5
either individually,
in work groups or
above;
assisting trades persons; to carry out basic
service restoration and maintenance tasks
•
Must
possess
Basic
First
Aid
on Power / Mechanical signalling, level
certification.
crossing
protection
equipment
and
overhead communication lines;
At this level;
Duties
of Signal
classifications, plus,
•
Signal
Maintainer
- Level 3
Maintainer
-
Level
2
Without direct supervision, perform service
restoration, maintenance and fault-finding
activities
on signalling
systems
and
equipment,
level
crossing
protection
equipment,
communications
lines and
cables;
•
May lead a small group or team;
•
Plan
and
prepare
positioning and erecting;
ground
•
Operate motor trucks,
and vehicles safely;
plant,
•
Ensure the safe use and maintenance
power and other tools and equipment.
Duties
of Signal
classification, plus,
•
Must work towards completing
the
remaining requirements of Cert III or
other appropriate training as identified
in Point 5 above;
Must work towards attaining basic office
and computer skills.
•
•
Must have
successfully
completed
appropriate Cert III training (including
Elective Units) identified in Point 5
above;
•
Must
hold and maintain
truck!heavy vehicle licence;
•
May be required to hold other Operator
Licences as required.
a
valid
works,
At this level;
Maintainer
machinery
-
Level
of
3
•
Where required, assess and scope work!
project requirements, plan work and run
associated work programs;
•
May lead larger work groups and supervise
the work of contractors;
•
Assist in the provision of Signal Maintainer
training;
•
Provide direction
and contractors.
and instruction
to staff
•
May work to gain applicable supervisory
and work group management skills;
and/or;
May work towards attaining the TAE
qualification (Certificate IV in Training &
Assessment).
Filled by appointment,
•
Must
have
completed
the
TAE
qualification and/or demonstrate the
equivalent
level of competence
in
providing training and instruction;
and/or;
Must
demonstrate
appropriate
supervisory and leadership skills to
effectively plan work and supervise
work teams.
At this level;
•
May work towards attaining skills in
signal inspections, auditing, estimating
and reporting, where appropriate.
Page 53 of 65
BREA2012V2
CLASSIFICATION
REQUIREMENTS
INDICATIVE DUTIES I WORK DESCRIPTION
SIGNAL TECHNICIAN STREAM
6.
In this stream, BR will source and provide (nationally recognised and accredited) training for all employees
in these classifications, with an aim to achieve Certificate IV level in an appropriate stream such as
Electrical - Rail Signalling, as designated by the EE-Oz Training Package or appropriate industry
representative training body.
Signal
Technician
In Training
- Level 1
•
•
•
Signal
Technician
In Training
- Level 2
Exercises trade skills and knowledge
under limited supervision;
Perform non trade tasks incidental to the
work:,
Inspect equipment for conformity with
operational standards.
Duties of Signal Technician In Training - Level
1 plus;
• Perform maintenance tasks on flashlight
crossings and signalling systems under
supervision;
• Carry out electrical repair work.
•
Must hold a valid WA Electricians
Licence.
At this level;
• Must complete any induction training as
appropriate for the position and
worksite;
• Must work to attain and maintain the
applicable
Track
Access
Permit
(WMP15);
• Must work towards obtaining Basic First
Aid;
• Must work towards completing at least
50% of the Core units of the Cert IV or
other appropriate training as identified
in point 6 above.
• Must have successfully obtained the
applicable
Track
Access
Permit
(WMP15);
• Must have successfully completed at
least 50% of the Core units of the Cert
IV or other appropriate training as
identified in point 6 above;
• Must
possess
Basic
First Aid
certification.
At this level;
• Must work
towards
successfully
completing the remaining Core units of
the Cert IV or other appropriate training
as identified in point 6 above.
Page 54 of 65
BREA2012V2
CLASSIFICATION
Signal
Technician
- Level 1
Signal
Technician
- Level 2
Signal
Technician
- Level 3
Duties of Signal Technician
2 plus;
•
Exercise appropriate
skills;
•
Able to work
plans;
from
In Training - Level
REQUIREMENTS
•
Core units of the Cert IV or other
appropriate
point 6 above;
•
Must
skills.
computer / keyboard
drawings,
prints
or
•
Operate lifting equipment (not requiring a
license) incidental to the work;
•
Exercise
trade
skills
without supervision;
•
In accordance with skills, training and
experience;
assemble,
install,
repair,
maintain, examine, inspect, test, measure,
modify, undertake functional testing and
fault find on power signalling and level
crossing protection including associated
C&CS and equipment.
and
knowledge
demonstrate
basic
computer
At this level;
•
Must
work
towards
successfully
completing
the
remaining
units
(Elective)
of
Cert
IV
or
other
appropriate
Point 6 above;
•
Must complete vendor specific training
for relevant equipment, as required;
•
Must
work
towards
competence in fault-finding;
•
Must work towards
First Aid.
attaining
completing
Senior
Duties of Signal Technician Level 1 plus;
•
Planning or technical
duties requiring
judgement
and skill in excess of that
required of a base grade technician under
the supervision
of Technical
Staff /
Managers
on systems and equipment
including
power
signalling
and
level
crossing protection;
•
Must have successfully completed Cert
IV
or
other
appropriate
training
identified in Point 5 above;
•
Must
have
been
assessed
as
competent
in signal
fault
finding
sufficient to participate on call out
roster;
•
Provide on-job instruction;
•
•
Participation in the on-call roster.
Must
possess
certification.
•
Where required, assess and scope work!
project requirements, plan work and run
associated work programs;
•
Must display high level knowledge and
practically apply it to complex railway
signalling equipment! technology;
•
May lead work groups and supervise the
work
of
external
tradespersons/
contractors;
•
Must demonstrate
high level faultfinding and rectification ability across
the full range of signalling equipment
•
May participate in the provision of Signal
Technician training and assessment (e.g.
Basic Electrical Signalling course).
•
Senior
First
Aid
applicable to BR;
Must demonstrate good computer skills,
as
relevant
to
the
position
requirements.
At this level;
•
Assessment);
and/or;
May work towards gaining supervisory
and leadership skills to effectively plan
work and supervise work teams.
Page 55 of 65
BREA2012V2
CLASSIFICATION
Senior
Signal
Technician
REQUIREMENTS
Filled by Appointment.
•
Supervisory / team leader responsibilities,
including field supervision of works;
•
Provision of technical guidance, direction
and mentoring
to signalling staff and
contractors;
•
Undertake
planning,
determination
of
required
resources
and
materials,
preparation of estimates and setting off
monitoring against budget in relation to
scopes of work.
•
Must demonstrate
a high level of
technical competence in all areas of
railway signalling;
•
Must
have
completed
the
TAE
qualification and/or demonstrate the
equivalent
level of competence
in
and/or;
•
Must
demonstrate
appropriate
work teams.
At this level;
COMMUNICATIONS
Communications
Maintainer
•
Must work towards attaining budgeting
and estimating skills;
•
Must work towards acquiring any other
knowledge
and skills required
to
relieve
Regional
Signal
Superintendent, where required.
•
Must be a registered cabling provider
for open cabling work in accordance
with ACMA requirements;
•
Must
possess
Cable
jointing
qualification or demonstrate equivalent
experience;
•
Must
possess
or
obtaining
Optic
qualification.
STREAM
•
communications
Perform
works
on
equipment, cabling and lines, including
maintenance, installation and basic fault
finding;
•
Perform
administrative
tasks
documentation and reports.
including
work
Fibre
towards
jointing
At this level;
•
Advanced
Communications
Maintainer
Duties of Communications
Maintainer plus;
Must attain and maintain the applicable
Track Access Permit (WMP15).
Filled by appointment.
In addition to above:
•
Provide on-job instruction;
•
May lead / supervise a group or team.
•
Must demonstrate
fault-finding
and
rectification ability on communication
cable systems applicable to BR.
Page 56 of 65
BREA2012V2
CLASSIFICATION
Communications
Technician
- Level 1
INDICATIVE
2012
REQUIREMENTS
•
Maintenance,
reactive
repair,
fault
diagnosis and analysis of voice and data
systems;
•
Application of trade skills and wider range
industry specific communications
/ data
system skills;
•
Installation and low level commissioning
equipment under direct supervision;
•
Exercise appropriate
skills;
•
•
Work from drawings, prints or plans;
•
Must
possess
a
relevant
certificate or formal equivalent;
•
Must be a registered cabling provider
for open cabling work in accordance
with ACMA requirements;
•
Must be able to practically apply a
base-level knowledge of some of the
communication technologies applicable
to Brookfield Rail (BR);
•
Must
be
able
to
demonstrate
experience in the use of computerised /
digital diagnostic equipment.
of
computer / keyboard
If required, participate in the 'on call' roster.
trade
At this level;
•
Communications
Technician
- Level 2
Advanced
Communications
Technician
•
Tech Level 1 plus:
Installation and low level commissioning
equipment without supervision.
of
Tech Level 2 plus:
•
Provide on job instruction
other employees;
•
Provision of technical guidance,
and mentoring to communications
contractors;
Must work to attain and maintain the
Track
Access
Permit
applicable
(WMP15).
and training to
•
Must be assessed as competent in a
broad
range
of
communication
technologies which are applicable to
BR and are sufficient to participate in
the 'on call' roster;
•
Must be able to display high level use
of computerised
/ digital diagnostic
equipment.
•
Must display high level knowledge and
practically apply it to complex digital
control systems containing integrated
circuit technology;
•
Must demonstrate
high level faultfinding and rectification ability across
the
full
range
of
communication
technologies applicable to BR.
direction
staff and
•
Act as lead on testing and commissioning
of equipment and systems;
•
Able to manage discreet portions of larger
projects such as scoping, design, costing
or implementation
with coaching from
supervisors and managers.
At this level;
•
Must work towards developing project
planning and coordination skills;
•
Assessment);
and/or;
Page 57 of 65
BREA2012V2
CLASSIFICATION
REQUIREMENTS
Senior
Communications
Technician
INDICATIVE
Duties
of
Advanced
Technician plus:
•
•
Communications
Act as lead and provides planning on In addition to above:
larger scale projects and commissioning
•
Must display high level knowledge of
works;
BR Communications Network Systems
and equipment and practically apply it
Undertake
planning,
determination
of
to complex fault diagnosis and timely
required
resources
and
materials,
critical service restoration and fault
preparation of cost estimates and setting
off monitoring against budget in relation to
repair;
scopes of work;
•
Must
demonstrate
strong
project
planning and coordination skills;
•
Documentation of relevant procedures and
system specifications, as required;
•
•
Provide relief for the Communications
Systems Superintendent, where required.
Must be able to effectively train, direct
and mentor where required;
•
Must
have
completed
the
TAE
qualification
and/or demonstrate
the
equivalent
level of competence
in
and/or
Must
demonstrate
appropriate
supervisory
and leadership skills to
work teams.
At this level;
•
knowledge and skills required to relieve
the
Communications
Systems
Superintendent, where required.
Page 58 of 65
BREA2012V2
CLASSIFICATION
INDICATIVE
REQUIREMENTS
PERWAY STREAM
7. In this stream, BR will source and provide (nationally recognized and accredited) training for all employees
in these classifications, with an aim to achieve Certificate III level in an appropriate stream such as Rail
Infrastructure worker, as designated by the Transport and Logistics Councilor other industry representative
training body.
Trainee PerWay
Patroller
PerWay
Patroller
Undertake
theoretical
components of on-the-job
training and;
Under direct supervision:
and
Perway
practical
Patroller
•
Examine, protect, repair, maintain and
report on the safe and proper condition of
the permanent way, railway reserve and
structures;
•
Carry
out
inspections;
•
Carry out minor maintenance
repairs;
•
Operate on-track rail inspection vehicles in
accordance with Safeworking rules and
regulations;
•
Assist in carrying out routine examinations
of the railway reserve, permanent way and
identifying and recommending appropriate
action on variations
from safety and
operational limits.
Duties
of
classification,
reactive
Trainee
plus;
and
non-routine
Must hold/attain
and maintain
the
applicable
Track
Access
Permit
(WMP05);
•
Must hold WA Construction
Safety
Awareness
Training Card (CSAT or
'BluelWhite Card");
At this level;
•
Must
work
to
complete
the
"Requirement & Assessment Manual for
BR PerWay Patrollers";
•
Must commence instruction in Cert III or
other appropriate training identified in
Point 7 above;
•
Must work
status.
or arrange
Perway
Patroller
rd
•
Oversee the activities of 3 parties and
contractors on the rail reserve;
•
Respond to emergencies
•
Manage
initial
approaches
from
the
general public and community groups and
refer to PerWay Superintendent (PWS);
•
•
•
Operate on-track rail inspections vehicles
in accordance with Safeworking rules and
regulations;
•
Participation in the on call roster.
attaining
WMP21
•
Must hold and maintain WMP21 status;
•
Must have successfully completed more
than 50% of the Cert III or appropriate
training identified in Point 7 above;
and faults;
Carry out routine examinations
of the
railway
reserve,
permanent
way and
identify and recommend appropriate action
on variations from safety and operational
limits
including
Section
Closures,
imposition and removal of speed limits and
dealing with Declared Rare Flora issues;
towards
At this level;
•
Must
work
towards
successfully
completing Cert III or other appropriate
training identified in Point 7 above;
•
May work to complete Track Access
training related to Train Orders;
•
Attainment
of
Basic
qualification is desirable.
First
Aid
Page 59 of 65
BREA2012V2
CLASSIFICATION
Advanced
PerWay
Patroller
REQUIREMENTS
Duties of Perway Patroller
classifications,
plus;
rd
•
Oversee and monitor the activities of 3
parties and contractors on the rail reserve;
•
Assume responsibility
for a nominated
sub-district within the Region, including
Train
movements,
Safeworking,
Rail
Safety and Declared Rare Flora locations;
•
Review,
endorse
and validate
work
undertaken by the contractor to ensure
conformation to specifications;
•
Must have successfully completed Cert
III or other appropriate training identified
in Point 7 above;
At this level;
•
May progress towards WT041
of Track Access Training;
•
Attainment
of
Senior
qualification is desirable;
standard
First
Aid
•
Utilise PIMS data loggers and/or standard
computer programs for programming and
scheduling maintenance activities;
•
May work towards attaining skills in
perway
inspections,
auditing
and
reporting, where appropriate;
•
Provide input to PWS on planning and
budget-related matters for their nominated
sub-region
including emergency
works
estimates, and materials;
•
May work towards acquiring any other
PerWay Inspector, where required;
•
May assist PWS and or PerWay Inspector
(PWI) in tasks within training and skills;
•
•
May act as PWI relief where required.
Assessment);
and/or;
Senior PerWay
Patroller
Duties
of
classification,
Advanced
plus;
Perway
Patroller
•
Assist PWS and or PWI in tasks within
training and skills;
•
Act as PWI (provide relief) where required;
•
Provide on job instruction
other employees;
•
Act
as
lead
and/or
provide
planning/supervision/validation
on projects
and contractor works;
•
Assist
PWI/PWS
in
planning,
determination of required resources and
materials, preparation of cost estimates
and setting off monitoring against budget
in relation to scopes of work;
•
Documentation of relevant procedures and
system specifications, as required.
•
Must display high level knowledge of
BR Perway network and equipment
and practically apply it to complex fault
diagnosis and timely critical service
restoration and fault repair;
•
Must
have
completed
the
TAE
qualification
and/or demonstrate
the
equivalent
level of competence
in
and training to
and/or
Must
demonstrate
appropriate
work teams;
At this level;
•
PerWay Inspector, where required.
•
Must work towards attaining skills in
Perway
inspections,
auditing,
estimating
and
reporting,
where
appropriate.
Page 60 of 65
BREA2012V2
APPENDIX
2 ARRANGEMENT
SIGNAL
TECHNICIAN'S
&
SIGNAL
MAINTAINER'S
STANDBY
ROSTER
1. GENERAL PROVISIONS
1.1. The Signal Technician standby roster will be shared equally amongst the qualified (e.g. declared
competent in independent fault finding) Signal Technicians in each Roster Zone.
1.2. The minimum roster cycle for each Roster Zone shall be determined by the operational requirements of
that Roster Zone, but shall be no less than a three weekly cycle.
1.3. The Signal Maintainer standby roster will be shared equally amongst the number of Signal Maintainers
required and!or engaged to support Clause 1.2 above.
1.4. It shall be a requirement for all qualified Signal Technicians in each Roster Zone to participate in the
roster arrangement, however, where there are more than the minimum number of qualified Signal
Technicians within a roster Zone required to satisfy the minimum roster cycle an employee may
voluntarily opt out of the arrangement.
1.5. Where there are more than the minimum number of competent Signal Maintainers within a roster Zone
required to satisfy the minimum roster cycle an employee may voluntarily opt out of the arrangement.
1.6. Where a Signal Technician! Maintainer elects to opt out of the standby roster arrangement, their base
rate of pay will be reduced to remove the public holiday buyout component.
2. STANDBY ROSTER
2.1. As part of the normal working arrangements Signal Technicians! Maintainers will be rostered on a
weekly standby roster for periods of one week at a time.
2.1.1. The weekly standby roster period will extend from 1600 hours Thursday until 0730 hours the
following Thursday, with exception of a Thursday being a Public Holiday in which case the
standby roster period will commence from 0730 hrs on the Thursday morning.
2.1.2.
For the purposes of administration and payment, the standby roster week is divided into "roster
blocks" as detailed in Clause 3.1.
2.2. Signal Technicians! Maintainers may arrange to change the standby roster week or part thereof (roster
blocks) with another Signal Technician! Maintainers within the Roster Zone provided that the Signal
Technicians! Maintainers concerned advise their supervisor and the Train Controller and any other
nominated person of the change.
2.3. Where a Signal Technician! Maintainer is unable to carry out the standby roster due to illness (or other
reasons), the Signal Technician! Maintainer shall make every endeavour to change the rostered block!
blocks with another Signal Technician! Maintainer.
2.4. In clauses 2.2 and 2.3, it is intended that a Technician always replaces another Technician, and a
Maintainer replaces another Maintainer, in accordance with availability.
2.5. Where, as a result of the standby roster, a Signal Technician! Maintainer has worked 16 hours
continuously that Signal Technician! Maintainer will not be required to work any further hours until the
prescribed rest break has been taken and management will endeavour to transport that Signal
Technician! Maintainer to his!her home or lodging. In these circumstances another Signal Technician!
Maintainer will be called out for any further necessary work and paid in accordance with the provisions
of this agreement.
2.6. Signal Technicians! Maintainers called out while on a standby roster must carry out all necessary test
procedures and other work associated with rectifying a fault.
2.7. Non availability for standby roster:
2.7.1.
In the event of a Signal Technician! Maintainer being unavailable to perform the standby roster
block! blocks, the Signal Technician! Maintainer must arrange for another Signal Technician!
Maintainer to work the relevant roster block! blocks.
2.7.2.
If the Signal Technician! Maintainer does not make arrangements with another Signal
Technician! Maintainer to change the roster and management is required to arrange a
Management Organised Replacement Signal Technician! Maintainer in accordance with Clause
3.3 the "Availability Bonus" payable in accordance with 3.2, will not apply. The Management
Organised Replacement Signal Technician! Maintainer will be paid in accordance with Clauses
3.3.3 and 3.3.4.
Page 61 of 65
BREA2012V2
3.
STANDBY ROSTER PAYMENT
3.1. When a Signal Technician/ Maintainer is working on the standby roster the Signal Technician/
Maintainer will be paid the prescribed Block Payments for each week on standby. These amounts will
be paid as follows:
3.1.1.
The standby roster week will be arranged in roster blocks with each week night, Monday to
Friday, having 2 by 7.75 hour blocks (1600 to 2345 to 0730) and the appropriate week night
block payment will apply for each full weeknight block completed on roster.
3.1.2.
The standby roster for weekends
Sunday containing 8 hour blocks.
3.1.3.
On public holidays the day will be treated the same as a weekend with 3 x 8 hour blocks and
paid in accordance with the weekend block payments.
The payment of the weekend block
payments on public holidays is to be on the basis of no doubling up of payments.
3.1.4.
The 8 hour blocks referred to extend:
Saturdav
Saturday
Saturdav
Sunday
Sunday
Sundav
1530
2330
0730
1530
2330
0730
and
Saturday
Saturday
Sunday
Sunday
Sunday
Monday
and when working the roster the appropriate
weekend block completed on roster.
3.1.5.
in roster blocks with Saturday
To
From
0730
1530
2330
0730
1530
2330
will also be arranged
weekend
block payment will apply for each full
If a Signal Technician/ Maintainer is not available for all or any part of the standby roster blocks
referred to in Clauses 3.1.1, 3.1.2 and 3.1.4 the Signal Technician/ Maintainer will not receive the
appropriate block payment.
3.2. Availability Bonus
If a Signal Technician/ Maintainer is available for all weekly standby roster blocks referred to in Clauses
3.1.1, 3.1.2 and 3.1.4 (i.e. not requiring management to organise a replacement Signal Technician/
Maintainer for the particular rostered week), the Signal Technician/ Maintainer will be paid the applicable
"Availability Bonus". The "Availability Bonus" will still apply if the Signal Technician/ Maintainer, as the
normal rostered Signal Technician/ Maintainer arranges a swap with another Signal Technician/
Maintainer.
3.3. Management Organised Replacement Signal Technician/ Maintainer
3.3.1.
Payment for a Management Organised Replacement Signal Technician/ Maintainer replacing
another not available for standby roster callouts referred to in Clauses 3.1.1, 3.1.2 and 3.1.4, will
be as provided in Clauses 3.3.3 and 3.3.4.
This does not apply if Signal Technicians/
Maintainers have organised a swap.
3.3.2.
Should management be required to arrange a replacement Signal Technician/ Maintainer, that
Signal Technician/ Maintainer will become the replacement for the remainder of the weeknight
(up to 2 blocks) or for the remainder of the weekend Saturday or Sunday (up to 3 blocks).
3.3.3.
For each weeknight Monday to Friday (i.e. 1600 to 0730 the following morning - 15.5 hours) the
Management Organised Replacement Signal Technician will be paid the appropriate weeknight
block for each 7.75 hour weeknight block, or part thereof, when required to be on standby.
However, if that Signal Technician/ Maintainer is actually called out then the Signal Technician/
Maintainer forgoes that block payment and receives additional hours payments in accordance
with the applicable provisions of this agreement. If a single callout extends from one block to the
next, the payment shall be treated as a continuous single callout with no deduction of the second
block payment.
3.3.4.
For each weekend day Saturday or Sunday (i.e. 0730 Saturday to 0730 Monday - 48 hours) the
Management Organised Replacement Signal Technician/ Maintainer will be paid the appropriate
weekend block payment for each 8 hour block, or any part thereof, when required to be on
standby.
However, if that Signal Technician/ Maintainer is actually called out the Signal
Technician/ Maintainer forgoes that block payment and receives additional hours' payments in
accordance with the applicable provisions of this agreement. If a single callout extends from one
block to the next, the payment shall be treated as a continuous single callout with no deduction
of the second block payment.
Page 62 of65
1.
$58,357
$28.31
$31.99
$3,192.01
$2,803.19
$3,045.46
$3,357.58
$2,151.27
$2,431.15
$2,594.03
$2,731.96
$75,518
$79,294
$83,258
$87,421
$73,117
$79,436
$83,408
$87,577
$56,112
$63,412
$67,661
$71,259
$68,893
$36.63
$38.46
$40.38
$42.40
$28.91
$30.56
$35.47
$38.53
$40.46
$42.48
$27.22
$30.76
$32.82
$34.56
$33.42
$2,783.91
$2,923.11
$3,069.24
$3,222.69
$2,197.03
$2,322.64
$2,695.38
$2,928.32
$3,074.75
$3,228.44
$2,068.53
$2,337.64
$2,494.26
$2,626.88
$2,539.67
$72,614
$76,244
$80,056
$84,058
$57,306
$60,582
$70,304
$76,380
$80,200
$84,208
$53,954
$60,974
$65,059
$68,518
$66,243
Signal Technician - Level 1
Senior Signal Technician
Communications
Trainee Per Way Patroller
Per Way Patroller
Advanced Per Way Patroller
Senior Per Way Patroller
Signal Technician
(excl. In Training)
Signal Technicians
Signal Technicians
Electrical
Licence Allowance
Public Holiday Buyout
& Signal Maintainers
(excl. Trainees)
(2)
(1)
$35.50
$37.38
$2,697.79
$2,841.23
$70,367
$74,109
$34.13
$35.95
$34.75
$71,649
$36.14
$33.27
$2,528.40
$65,949
$2,746.91
$29.44
$2,237.32
$86,744
$43.76
$42.08
$45.95
$41.67
$38.36
$3,491.88
$3,167.27
$2,915.32
$3,325.64
$82,613
$76,041
$33.05
$31.27
Signal Technician Level 1 Base Rate is used for the calculation
Apprentice rates at clause 31.2 only
of
Hourly rates shown to two decimal places for display purposes only.
Actual payroll calculations are to the full hourly rate based on entry of the
fortnightly amount into the payroll system.
$2,641.26
$3,197.74
$40.07
$36.88
$2,512.17
$2,376.30
$61,982
$31.78
$2,415.55
$65,526
$30.06
$2,284.91
$63,006
$45.86
$86,589
$42.00
$59,598
$43.68
$3,319.69
$82,466
$40.00
$3,485.66
$41.60
$3,161.63
$78,539
$38.10
$2,895.27
$90,918
$39.62
$3,011.08
$44.10
$37.73
$2,867.64
$74,798
$36.28
$35.94
$35.07
$2,757.35
$2,665.52
$2,731.13
$69,526
$71,237
$33.72
$34.55
$2,396.63
$3,351.60
& Signal Tech Base Rate
Technicians
Training classifications
& Communications
Signal Technicians
Tool Allowance
allowance
All except Traineelln
Affected
Telephone
in Rates:
All
Allowances
(2)
Leave Loading
Inclusive
Technician
Level 1 Base Rate
Senior Communications
Technician
Communications
Advanced Communications
Communications
Advanced Communications
Classification(s)
$91,080
$44.18
$3,040.03
$71,921
$34.89
$2,651.30
$69,155
Signal Technician - In Training Level 2
Maintainer
$2,626.09
$68,497
$33.22
$2,525.09
$65,863
Signal Technician - In Training Level 1
Maintainer
$2,563.00
$66,852
$32.43
$2,464.42
$64,280
Advanced Signal Maintainer
$62,512
$32.80
$30.32
$2,304.45
$60,108
$2,492.50
$31.53
Signal Maintainer - Level 3
$31.51
$2,394.84
$65,013
$30.30
$2,302.73
$60,063
$29.13
$2,214.16
$57,753
$2,215.07
$57,776
$62,465
$28.02
$2,129.87
$55,554
$26.95
$2,047.95
$53,417
$29.15
$26.71
$2,030.26
$52,956
$25.69
$1,952.17
$50,919
$1,877.09
$48,961
Annual
Trainee Signal Maintainer
$24.70
4%
Hourly
11 January 2015
Fortnightly
Hourly
Annual
4%
Fortnightly
12 January 2014
Fortnightly
(1)
Annual
Hourly
Agreement Operative Date
& ROSTER PAYMENTS OVER THE TERM OF THE AGREEMENT
2012
Classification
RATES OF PAY
APPENDlX 3 - RATES OF PAY, ALLOWANCES
Page 64 of 65
3.
2.
$4.84
$4.66
$4.48
$1.15
$108.16
$104.00
$17.37
$100.00
$16.70
Per Week
Per Week
Per Week
Nominee Allowance
(Notional) Tool Allowance
$57.30
$63.06
$2,325.17
Max
weekly
payment
$1,294.96
$1,260.43
$1,145.32
$1,145.32
$1,260.43
$1,398.55
East - Kalgoorlie
Signal Maintainer
Roster zone
West - Midland
West - Northam
West - Narngulu
South - Picton,
Kwinana & Pinjarra
East - Merredin
East - Kalgoorlie
$69.97
$57.30
$63.06
$64.79
Weeknight
block
Agreement
$116.33
$126.12
$114.60
$84.08
$76.40
$93.30
$84.08
$65.54
$59.56
$1,191.13
$119.11
$79.41
$87.39
$96.97
$65.54
$72.72
$1,310.84
$1,454.50
$79.41
$1,363.28
$1,238.78
$1,363.28
$1,512.68
$119.11
$131.08
$145.45
$1,238.78
$1,400.63
$134.68
$131.08
$89.78
Max
weekly
payment
$75.63
$68.16
$61.94
$61.94
$100.85
$90.89
$82.59
$82.59
$90.89
$93.38
$70.03
$68.16
Weekend
Block
Weeknight
block
2015
$167.66
$151.22
$113.41
$125.75
$137.55
$103.16
$137.55
$151.22
$103.16
$113.41
11 January
$2,514.90
$2,268.24
$2,063.29
$2,063.29
$2,268.24
Weekend
Block
$154.86
2015
$116.15
Weeknight
block
11 January
$2,322.91
Max
weekly
payment
$87.39
Avail.
bonus
Weekend
Block
$139.94
$59.56
$67.34
$1,346.76
$1,310.84
$1,191.13
Weeknight
block
Max
weekly
payment
4.00%
$241.82
$218.10
$145.40
$161.21
$198.39
$132.26
$198.39
$218.10
$145.40
$132.26
$223.36
Avail.
bonus
4.00%
2012
$148.90
Weekend
Block
$126.12
$114.60
$129.58
$86.38
$76.40
Availability
bonus
Weekend
Block
Operative
2014
$120.91
$2,418.17
$232.66
$155.11
12 January
$109.05
$2,181.00
$99.20
$99.20
$109.05
$209.84
Date
2014
$111.68
Weeknight
block
12 January
$139.90
$1,983.93
$2,181.00
$209.84
$190.88
$2,233.57
$214.90
Availability
bonus
Max
weekly
payment
$1,983.93
$104.92
$2,097.12
East - Merredin
Date
$190.88
$127.26
$95.44
$1,907.63
$127.26
South - Picton,
Kwinana & Pinjarra
$139.90
$95.44
$1,907.63
West - Narngulu
$104.92
$2,097.12
West - Northam
$143.27
$107.45
$2,147.66
West - Midland
Weekend
Block
Signal Technician
Roster zone
Operative
Weeknight
block
Agreement
& SIGNAL MAINTAINER ROSTER PAYMENTS
Max
weekly
payment
SIGNAL TECHNICIAN
$18.06
$1.25
$27.73
$1.20
$26.66
$25.63
Per Hour
(Notional)
4.00%
4.00%
Office Maintainer Allowance
Electrical Licence Allowance
Agreement
11 Jan 2015
Agreement
Operative Date
12 Jan 2014
Rail Enterprise
Per Hour
Frequency
Brookfield
On Call Allowance
Allowance
ALLOWANCES
BREA2012V2
$151.27
$136.33
$123.88
$123.88
$136.33
$140.06
Avail.
bonus
4.00%
$251.49
$226.82
$206.33
$206.33
$226.82
$232.29
Avail.
bonus
4.00%
Page 65 of 65

Brookfield Rail EA 2012 - Rail Tram and Bus Union of WA

Transcription

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