decision - australian rail tram and bus union resources rail support servicesenterprise agreement...

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Fair Work Act 2009 s.185—Enterprise agreement

Sunstone Resources Pty Ltd T/A Sunstone Resources(AG2016/2339)

SUNSTONE RESOURCES RAIL SUPPORT SERVICES ENTERPRISE

AGREEMENT 2016-2018

Rail industry

COMMISSIONER GREGORY MELBOURNE, 17 MARCH 2016

Application for approval of the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunstone Resources Pty Ltd T/A Sunstone Resources. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[2016] FWCA 1658

DECISION

[2016] FWCA 1658

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[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE418231 PR578047>

[2016] FWCA 1658

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Annexure A

IN TH E FAIR WORK COMMISSION

FWC Matter No.: AG201612339 - App lication for Approval of the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018

Section 185-Application for approval of o single enterprise agreement

Undertaking- Section 190

I, Robert Maroney, H001811 R...,...,.,. Manager for Sunsu>ne Res<lut:es Ply Lid, g..e lhe follow'.<1g undet1akings with respect to lhe SunSione R&SOUrces Rail Suppot1 g...,..,. Enterprise Agrccmcnt2016-2018 rlhe,t,greemenl"~

1. I have the authonty given lo me by Sunslone Resources Ply Ltd to provide lhlS ullder1akfng in relation to the application before the Fair WOI'k Commission.

2. Nolwithstanding Clause 17.2 and 17.6 of lhe Agr8<lment, probalionary employees will be entitled to notice of term1nsllon In accordance with the NES and the Fair Wen Acl 2009.

3. These undertakings am provided on lhe basis of Issues raised by the Fair Work Commission in the apptlcalion before the Fair Work Commission.

Signature

Date

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Sunstone Resources Rail Support Services

Enterprise Agreement 2016-2018

coram

Flex

coram

undertaking

SUNSTONE RESOURCES RAIL SUPPORT SERVICES ENTERPRISE AGREEMENT 2016 - 2018

CONTENTS

THE AGREEMENT ........ ............ ..... ........ .......... .. ......... ..... ..... .. ............ .. .. ...... ....... ................ .... 5

1. TITLE OF AGREEMENT ....... ................................................... ... .. ............... ....... ...... .. 5

2. COVERAGE AND SCOPE ..... ........... ............................ ... ....... ..... .................. .......... .... . 5

3. EMPLOYEE REPRESENTATION ... ............ ......... .... ........ .... .... ... ................... ....... .... 5

4. PERIOD OF OPERATION .. ................. .............................. .. .......... ........ ..... ................. 5

5. WAGE INCREASES .... ... ............. .............. .......... .............. ............... ...... .. .... .. .... .... .. ..... 5

6. OBJECTIVES ..................... .............................................................. ... ....... .. ... .. .. ....... ..... 6

7. ANTI-DISCRIMINATION .. .... ....... ......... .............. .... .......... ..... ...... .............. ............ ..... 6

8. OCCUPATIONAL HEALTH AND SAFETY ISSUES ................. .. .... ..................... . 7

9. CONTINUITY OF SERVICE ............... ... ..... .... .... .......... ...... ... .. ................ ..... ........ ..... . 7

10. NO EXTRA CLAIMS .. ......... ............................. ............................ .. ................. ......... . 7

OUR RELATIONSHIP .. .. ........ ......... ... ........... .. ................... ... ....... ...... ........ .... ................ .. ........ 7

11. CONSULTATION AND CHANGE ......................... ............ ........ .. .......... ................. 7

11.1 Introduction of Significant Change Procedure ...... .. ... ....... ......... ............. ................ 8

11.2 Introduction of Change to Rosters or Hours ofWork. ... .... ........... ............. ............. 8

12. FAIR TREATMENT PROCEDURE .................. .. ............. ...... .... ........ .... .... .......... .. . 9

13. DISPUTE RESOLUTION PROCEDURE ...... ...................... .. .......... .. ..... ......... ....... 9

14. RAIL SAFETY ACT 2006 ... .. ........... .... ........................ ................ ................. ........ ... 11

15. ALCOHOL AND OTHER DRUGS ................................. ...................................... .11

16. . COUNSELLING AND DISCIPLINARY PROCEDURE .................................... 12

EMPLOYMENT ....... ............................................ ........................... ... ........ ................ .......... .. .. 14

17. EMPLOYMENT ARRANGEMENTS .. ..... .... ...................................... ...... ... ... .. .... 14

17.1 Contract of Employment .... ..................... .... ..... ......................................... ....... .... .... 14

17.2 Probationary Period ................... ....... ...... .... ...... ..... .... ...... ... ....... ... ............ ... ............. 15

17.3 Individual Flexibility Arrangement ....... .... .. ..................... .... .. ... ........ ................. .... . 15

17.4 Casual Employment .. .... ............. ... .... .. .. .. ....... ......... ........ .. ............ .............. .. .. .......... 16

17.5 Apprentices and Trainees .............. .... .. .... ..... ....... .... .... ...... ....................... .... ...... ...... 16

17.6 Termination of Employment .... ............. ................ ........... ............. ...... ...... .......... ..... 16

17.7 Superannuation ......... .. ..... ... ............. .. ... ... ............ .. ........ ... .... ..... ............... .... ........... . 18

17.8 Acting in Higher Positions ................ .. ..... ....... ........................ ... ....... ........... ............. 19

18. HOURS OF WORK ........ ........ ...... ... .. ..... ... ... .. ............ ... .... .. ....... .. ........ ...... ............ ... 19

18.1 StandardHours ......... ........ .............. ...... ..... ... ...................... ....... .. .... ...... ...... ..... ........ 19

18.2 Minimum Payment for Overtime .......... ... .. ..... ................ ............ ............. ........... .... 20

18.3 Shift Work Definitions .......... .... ............ ..... ..... ............. ...... .................... ................... 20

18.4 Work Availability ..... ........... ........... .......... ........... ...... ....... ................... .... ... ... ... ....... .. 20

18.5 Extra Days Off (EDO) ........................ .. ... .. ................... ..... ... ....... .. ............ ........... .. ... 21

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SUNSTONE RESOURCES RAIL SUPPORT SERVICES ENTERPRISE AGREEMENT 2016- 2018

18.6 Minimum Break from Work ................. ............. .............. ................ .... .... ..... ... ...... .. 21

18.7 Meal Breaks and Rest Breaks ................. ......................... .. ...... .. .... ....... .. ................. 21

18.8 Daylight Savings ............................................. .... ... ... ............. ............................ ........ 22

18.9 Public Holidays ...... ........... ... ...... .............. ....... ................... .. .................. ......... ..... ...... 22

19. PENALTY PAYMENTS .... .. ......................... ........ ............. ....... ...... .... ............. ... .. .... 22

19.1 Shift Penalties ..................... ............ .......................... ..................................... ..... ..... .. 22

19.2 Saturday Work ................. .......... ................................................................ ..... .......... 23

19.3 Sunday Work ......... ...... ... ... ....... ................. .......................... .. ............. ....... ........ ........ 23

19.4 Payment for Work on Public Holidays ....... ........... ................. ... ...... .............. .... ..... 23

19.5 Overtime ....... ...... ......... ..... ..... ... ...... ...... ... ........... .. .... .... ....... .. ....... ..... ......................... 23

19.6 Penalty Payments Not Cumulative ......... .... ....................... .. .... ....... ................. .. ...... 23

20. BLANK .......... .. ................. .... ........................ ...... .................... .......... .................. ........ 23

21. ALLOWANCES ................ .. ....... ............. ...... .......... ........ ... ................ ....................... 23

21.1 Daily Travel Allowance ............ ..... .................... .......... ............ .. ..... .. .. .... ................... 23

21.2 Transfer During Working Hours ........ ........ ............ ............. ............. ......... .............. 24

21.3 Living Away From Home ............................. ....................... .... .......... ....................... 24

21.4 First Aid Allowance ........... .. ............................................................ ...................... .... 25

21.5 Leading Hand Allowance .. ..................... ........ .. .. ......... ....... ..... ........... .... ................... 25

21.6 Mobile Phone Allowance ...... ........................ .......... ... ... ........ .... ....... .... .. .... ...... ......... 25

21.7 Construction Site Clause .......... ......... .............. .. ..... ........... ... ......... .. ............... ... .. ..... 25

22. LEAVE ENTITLEMENTS .... ..... ............ ..... .... ................... ....... ...... ............... ......... 28

22.1 Annual Leave .. ................. .... ...... ..................... ...................... ...... .. ................... ..... ..... 28

22.2 Additional Days Off (AD0) ........ ............ ....... ........ .... .......... .......................... ........... 29

22.3 Long Service Leave .. .. ........ ...... .... ..... .... ... ........ ........... ........... ............................ ....... 30

22.4 Personal Leavc .................... .. ... ... .......... ........... .......... .. ....... .. ................................ .... . 30

22.5 Parental Leave .................. .... .... .. ................. .. .... ........................ ............. .............. ..... 32

22.6 Compassionate Leave ..... ............ .......... .. ........ ....... ...... ............. ..... .. ......... ....... .......... 36

22.7 Blood Donor Leave .. ....... ............... ........ ........... ..... ..... .......... ...... .. ... .......................... 36

22.8 Citizenship Ceremony Leave ....... ......... .... .......... ..... ........ .. .. .. ......... ..... ..... ................ 36

22.9 Jury Service ... ...................... .......................... ..... .......................... .. ... ........... .......... ... 37

22.10 Community Service Leave ............................. .. ...... ............. ........ ......................... .. . 37

22.11 Special Leave ...... .. ... ......... ........................................ ............ ....... .. ........ .. .......... ...... 37

22.13 OHS Representatives Training Leave ...... .. .... ....... ... .. ...... .................. .. .. ............... 3 7

22.14 Leave without Pay ............ ........ ... ................. ...................... ........... .......... ...... .......... 37

22.15 Workplace Representative Training Leave .. ........ ............ ................... ........ ...... ... 37

ADDITIONAL SUPPORT ............... ...... ... ......... ........................... .. .... .. ......................... ... ... .... 38

23. PERSONAL PROTECTIVE EQUIPMENT ....... ... ...... ... ...... .... ...... ..... ......... ... ..... 38

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24. STAFF DEVELOPMENT AND FEEDBACK ............................. ....... ............. ..... 38

25. TRAINING AND SKILLS DEVELOPMENT ...................................................... 39

25.1 Commitments to Training ... .................... ... .............................................................. 39

25.2 Attendance at Training ......... ................... ........... ................................................. ..... 39

26. FATIGUE MANAGEMENT .................... .......................................................... .... .40

27. TRAUMA COUNSELLING AND LEAVE ........... .. ....... ............... ........ ..... ..... ...... 40

28. INCOME PROTECTION ........................ ........................................................... .... .40

29. ABSENTEEISM ............... .. ... ................................................ ... .... ............................. 41

30. ACCIDENT PAY ............... ..... .. ............................................................................ ..... 41

31. FAMILY VIOLENCE ..... ... .... ........................................................................... .. ... .. . 41

31.1 Definition of Family Violence ................... .... .................. ...... .......................... ......... .41

31.2 General Measures ............ ....... .............................................. ..................... .... .... ........ 42

31.3 Family Violence Leave .......... ....................... ............................................................ .42

31.4 Individual Support .................. ........ ............. .... .............. ...... ....... ........ ........... .. ..... ... .42

31.5 Workplace Representative Rights ................................... .... ....................... ........ .... .43

CLASSIFICATIONS AND RATES OF PAY ............................... ..... .. ..... ............... .. .. ..... .... .44

32. RATES OF PAY ............... .... .. .. ............................................ ....... .. .. .................. ...... ... 44

32.1 Non-Construction Rates .... ... ... .......................................... ... ...................... .............. 44

32.2 Construction Rates ........... ... ...................... ........ ......... ... ......... ........ .. ....... .... .... .. ........ 46

33. ALLOWANCES ................ ... ... ......................................... ...... ...... ............... ........ ...... 47

34. SIGNATORIES .............. ... ..... ...................... ... .. ....... ....... ............... ........................... 48

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SUNSTONE RESOURCES RAIL SUPPORT SERVICES ENTERPRISE AGREEMENT 2016-2018

THE AGREEMENT

1. TITLE OF AGREEMENT This agreement shall be known as the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018 (the Agreement).

2. COVERAGE AND SCOPE The Agreement covers: (a) Sunstone Resources Pty Ltd (the Company); (b) All of the Company's employees who are employed in the classifications or

occupations set out in clause 32, performing any works related to the transport industry and are employed in Victoria (Employees); and

(c) The Australian Rail Tram and Bus Industry Union (RTBU}.

Collectively the Parties.

The Agreement applies to the exclusion of all Awards and/or other agreements, whether certified or not, which would otherwise apply to the work covered by the scope of the Agreement.

The National Employment Standards (NES) will prevail over this Agreement where, in a particular respect, it provides a more favourable outcome for Employees as prescribed in accordance with the Fair Work Act 2009 (Cth) (the Act).

3. EMPLOYEE REPRESENTATION Employees may appoint a representative, including a representative from the RTBU, for the purposes of the procedures in the Agreement.

4. PERIOD OF OPERATION The Agreement shall take effect seven (7) days from the date of approval by the Fair Work Commission (FWC). The nominal expiry date of the Agreement is 31st December 2018.

5. WAGE INCREASES Increases to wages contained at clause 32 will occur during the life of the Agreement as follows:

• Two point f ive (2.5) percent from the first full pay period following 1 January 2016 • Two point five (2.5) percent from the first full pay period following 1 July 2016 • Two (2) percent from the first full pay period following 1 January 2017 • Two (2) percent from the first full pay period following 1 July 2017 • Two (2) percent from the first full pay period following 1 January 2018 • Two (2) percent from the first full pay period following 1 July 2018

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6. OBJECTIVES A key objective of the Agreement is to support building the Company's market share and profitability, by providing products and services of the highest quality and the lowest possible costs, excellent customer service and well-trained motivated Employees.

Employees are to: • Work to support the efficiency and prosperity of the business for the benefit of the

Company's Employees, clients and shareholders. • Develop and maintain productive and harmonious working relationships with all

concerned. • Efficiently and safely undertake work at the lowest possible cost to the client.

• Maintain a safe work environment to recognised standards and requirements at the lowest possible cost to the Company.

The Parties recognise that important factors in achieving these objectives include: developing a working environment in which all Employees are involved in decisions affecting them; Employees caring about their jobs and each other; Employees having the opportunity to achieve their full potential; and Employees taking pride in themselves and their contributions. The need to develop flexibility of jobs and duties within and between work areas, subject only to limitations imposed by individual skill levels, are also recognised as critical to achieving the objectives of the Agreement.

To this end, the Parties agree on the need to: • Ensure that each business unit is operating in a manner which promotes, to the

fullest extent possible, excellent customer service and economy of operation. • Constantly seek improvements in safety, quality, efficiency, housekeeping and

work environment. • Take all reasonable steps to avoid any action which disrupts continuity of

operation by the timely resolution of Employee concerns through full and open communication, in accordance with the procedures in the Agreement.

• Develop a highly skilled and flexible workforce by training and developing Employees to broaden their skills, grow their potential and meet the needs of constantly changing client preferences and technology.

• Develop working relationships on the basis of cooperation, mutual trust, understanding and sincerity.

• Establish and maintain open and direct communication with all Employees on matters of mutual interest and concern.

• Support and maintain agreed standards of conduct and attendance necessary to ensure a safe, responsible and efficient operation.

The Parties accept that subject to the proper consultation procedure being followed, everyone will be expected to cooperate willingly to achieve the objectives of the Agreement.

7. ANTI-DISCRIMINATION It is the intention of the Parties to the Agreement to achieve the Object of the Act, including through respecting and valuing the diversity of the workforce by helping to

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prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

Accordingly the Parties must make every endeavour to ensure that either the Agreement's provisions or their operation are not directly or indirectly discriminatory in their effects.

Nothing in this clause is taken to affect: • Any different treatment (or treatment having different effects) which is

specifically exempted under applicable anti-discrimination legislation; or

• Junior rates of pay; or • An employee, employer or registered organisation pursuing matters of

discrimination in any State or Federal jurisdiction; or • Any exemptions contained in the Act or its Regulations.

8. OCCUPATIONAL HEALTH AND SAFETY ISSUES

When a matter involving occupational health and safety arises, it shall be dealt with in accordance with the provisions of any applicable legislation, regulations and regulatory guidance material, including the Occupational Health and Safety Act 2004 (Vic).

9. CONTINUITY OF SERVICE Employees shall have their service (including service recognised by the Company due to the Employee being a transferring employee) count for all purposes including salary progression where applicable, and the maintenance of all accrued entitlements including pro rata accruals. This continuity of service will apply in the event of a transfer of business and for the purposes of calculating any redundancy payments. This includes Personal Leave, Annual Leave, Annual Leave Loading, Long Service Leave, Rostered Days Off or their equivalent, Time in Lieu owing, Public Holidays, and a~y other accrued entitlements.

10. NO EXTRA CLAIMS

The Agreement is in full and final settlement of all matters subject to claims by the Parties covered by the Agreement, and for the life of the Agreement no further claims will be made or supported by the Parties covered by the Agreement.

OUR RELATIONSHIP

11. CONSULTATION AND CHANGE The Parties are committed to consultation and communication throughout all levels and particularly where Company policies and Employee change of status is being implemented. The Parties agree that genuine and effective mechanisms for consultation and communication are fundamental to the achievement of greater job satisfaction, productivity and flexibility.

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The Parties agree that continuous improvement and the acceptance of ongoing change are fundamental to the success of the business, and commit to the ongoing development of new methods to improve productivity and efficiency.

If a term in the Agreement provides for a Significant Change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out in clause 11.1 below are taken not to apply.

For the purposes of the Agreement, Significant Change means a change likely to have a significant effect on Employees, including: (a) Change resulting in the termination of employment of Employees; or (b) Significant change to the composition, operation or size of the Company's workforce

or to the skills required of Employees; or (c) The elimination or diminution of job opportunities (including opportunities for

promotion or tenure); or (d) The alteration of hours of work; or (e) The need to retrain Employees; or (f) The need to relocate Employees to another workplace; or (g) The restructuring of jobs.

ll.llntroduction of Significant Change Procedure (a) Prior to making a definite decision to implement Significant Change in matters

pertaining to the employment relationship, the Company will consult with affected Employees (Relevant Employees), and their representatives.

(b) The Company shall discuss with the Relevant Employees and their representatives, the introduction of the changes, including the effects those changes are likely to have on Employees, and shall give prompt consideration to matters raised by the Employees in relation to the changes.

(c) For the purposes of such discussion, the Company shall provide in writing to the Relevant Employees, and their representatives if requested, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on Employees and any other matters likely to affect Employees, provided that the Company shall not be required to disclose confidential or commercially sensitive information, the disclosure of which would be detrimental to the Company's interests.

11.2 Introduction of Change to Rosters or Hours of Work (a) Where the Company proposes to change an Employee's regular roster or hours of work, the Company must consult with affected Employees (Relevant Employees), and, their representatives, about the proposed change. (b) The Company must:

i. provide to the Relevant Employees and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee's regular roster or hours of work and when that change is proposed to commence);

ii. invite the Relevant Employees and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

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iii. give consideration to any views about the impact of the proposed change that are given by Relevant Employees and their representatives.

12. FAIR TREATMENT PROCEDURE

The procedure for handling employment related issues of a non-industrial, personal nature is as follows: (a) In the first instance an Employee should discuss the issue with their immediate

supervisor. (b) If the matter remains unresolved, then they can refer the matter to their senior

manager. (c) If the matter is still unresolved, or the Employee feels that they are not receiving fair

treatment, then they should inform their manager and arrange to talk with their Department Manager/Managing Director.

(d) If the Employee still feels that they are not receiving fair treatment, or if their Department Manager/Managing Director has not become involved within fourteen (14) days of when the issue was raised, the matter can be referred by either party for mediation. Both parties will participate in the mediation process in good faith. The parties will agree on a mediator considered appropriate to mediate the issue.

(e) An Employee can be represented at any stage of this procedure, including by a workplace representative or a representative of the RTBU, if they so choose.

(f) As soon as practicable (usually within twenty four (24) hours) after the Employee has initiated a step in the procedure, the Employee will be advised of how and when the issue will be addressed.

(g) While the Fair Treatment Procedure is being conducted work must continue in accordance with the Agreement and the Act. Subject to applicable occupational health and safety legislation, an Employee must not unreasonably fail to comply with a direction by the Company to perform work, whether at the same or another workplace, which is safe and appropriate for the Employee to perform.

(h) If matters cannot be resolved under this procedure, the Employee has recourse to the Dispute Resolution Procedure.

13. DISPUTE RESOLUTION PROCEDURE The objective of this procedure is to avoid and settle disputes by direct consultation and negotiation and to avoid interruption to the performance of work and the consequential loss of production.

Any unresolved matter referred under clause 12, or any dispute, claim or problem on any industrial matter arising under the Agreement (excluding a matter relating to occupational health and safety issues), or any dispute in relation to the NES, may be dealt with under this procedure.

Firstly the following four (4) stage procedure shall be adhered to in resolving matters under this clause: (1) Discussion shall take place between the Employee(s) concerned and the

Employee's nominated representative, including a representative of the RTBU and the immediate supervisor(s). The immediate supervisor(s) will act promptly and cooperatively.

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(2} Discussions shall take place involving the Employee(s} and/or the Employee's nominated representative, and senior management.

(3} Discussions shall take place involving the Employee(s} and/or the Employee's nominated representative, and nominated Company representatives.

(4} Discussions shall take place involving the Employee(s} and/or the Employee's nominated representative, and nominated Company senior representatives.

An Employee can be represented at any stage of the dispute resolution process, including by a workplace representative, including a representative of the RTBU if they so choose.

The earliest possible advice should be given by one party to the other of any issues or problem than may give rise to a grievance or dispute.

Throughout each of the above stages of the procedure, all relevant facts shall be clearly identified and recorded and reasonable time limits allowed for the completion of the various stages of discussion.

If the Employee and/or their representative or the Company refuses to follow any of the steps in this procedure, the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to the FWC.

The Parties are committed to achieving negotiated settlements without work stoppages. If the above four {4) stage procedure is exhausted without the dispute being resolved, the Parties shall jointly or individually refer the matter to the FWC.

The FWC may deal with the dispute in two (2} stages: (a} The FWC will first attempt to resolve the dispute as it considers appropriate,

including by mediation, conciliation, expressing an opinion or making a recommendation; and

(b) If the FWC is unable to resolve the dispute at the first stage, the FWC may then: i. Arbitrate the dispute; and ii. Make a determination that is binding on the Parties.

Note: if the FWC arbitrates the dispute, it may also use the powers that are available to it under the Act.

An arbitration or binding determination by the FWC must not be inconsistent with the any applicable statutory provisions or legislative requirements.

A decision made by the FWC when arbitrating a dispute is a decision for the purpose of Part 5.1 Division 3 of the Act. Therefore, an appeal may be made against the decision.

The Company shall ensure that all practices applied during the operation of this procedure are in accordance with safe work practices.

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In the event of a dispute under this clause, while the parties are trying the resolve the dispute using the procedure in this clause, work must continue in accordance with the usual practice existing prior to the matter that is the subject of the dispute (status quo), pending the resolution of the dispute unless:

a. There is a reasonable concern about an imminent risk to health and safety associated with the status quo (in which case status quo will not apply).

For the avoidance of doubt, the state of affairs as it existed prior to the matter that is the subject of the dispute will remain in place. For example, if the dispute is about a change to work, the status quo represents the position before the change.

Subject to applicable occupational health and safety legislation. An Employee must not unreasonably fail to comply with a direction by the Employer to perform work, which is safe and appropriate for the employee to perform.

The Parties to the dispute agree to be bound by a decision made by the FWC in accordance with this term.

14. RAIL SAFETY ACT 2006

Employees will regularly be engaged in performing work for clients where the Rail Safety Act 2006 (Vic) (as amended) and/or its interstate equivalent applies. These Employees will be advised of their obligations and are to fully comply with the requirements of the Rail Safety Act 2006 (Vic).

15. ALCOHOL AND OTHER DRUGS

(a) The Company has adopted a zero tolerance approach to alcohol and drug abuse. The railway industry regards the misuse of alcohol and other drugs in the workplace as a very serious issue.

(b) The Parties are committed to providing a workplace that is free from alcohol and other drugs. Drug and Alcohol Free is defined as follows:

i. Alcohol: 0.00% blood alcohol concentration. ii. Other Drugs: any level of drug less than the cut off levels stipulated by

AS/NZS 4308. (c) Under no circumstances will any Employee who is not Drug and Alcohol Free be

permitted to work and/or operate any equipment, including Company vehicles. Employees who are not Drug and Alcohol Free are a safety hazard to themselves and all others present at the worksite and in breach of railway safety legislation. Such breaches may result in the affected Employee being subject to prosecution.

(d) Testing will be in accordance with the client and/or Company policy and procedure. (e) If an Employee is not Drug and Alcohol Free they are to be sent home to recover and

will not be paid for time lost. (f) If an Employee is not Drug and Alcohol Free in the workplace, the Employee concerned

may have their employment terminated summarily. (g) Random drug and alcohol testing of Employees may occur at any time. (h) Smoking is not permitted in any site office, mess/change shed, sanitary facilities, or

any other amenities, vehicles, or any areas posted or designated as non-smoking areas.

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16. COUNSELLING AND DISCIPLINARY PROCEDURE The Company is committed to work with Employees to assist them to achieve satisfactory standards of work performance and conduct. When an Employee does not meet satisfactory standards of conduct in the areas of neglect of duty, approach to work or other misconduct, the process outlined below is to be followed, which shall include the Company providing training where appropriate. The Employee has the right to have representation, including a representative of the RTBU or the Employee's nominated witness present during this process. If the Company suspends an Employee while undertaking an investigation, the Employee will be suspended and paid as per roster. The disciplinary counselling procedures do not warrant the involvement of barristers and/or solicitors.

Step 1 VERBAL WARNING/COUNSELLING When the Company has concern regarding the conduct of an Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may verbally warn the Employee, which shall be documented with a copy placed on the Employee's personnel file. The Employee under counselling shall be made aware of the standards of improvement in conduct that is to be made. If after twelve (12) months from the date of verbal warning the Company determines that the conduct has been satisfactory, the written record of the warning will be removed from the Employee's personnel file.

Step 2 FIRST WRITIEN WARNING If the Employee fails to meet the agreed standards of improvement in accordance with Step 1, or if the Company has a second concern about the conduct of the Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may provide the Employee with a written warning, with a copy placed on the Employee's personnel file. The Employee receiving the written warning shall be made aware of the standards of improvement in conduct that is to be made. If after twelve (12) months from the date of written warning the Company determines that the conduct has been satisfactory, the written warning will be removed from the Employee's personnel file.

Step 3 FINAL WRITIEN WARNING If the Employee fails to meet the agreed standards of improvement in accordance with Step 2, or if the Company has a third concern about the conduct of the Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination.

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Based on its determination, the Company may provide the Employee with a written warning, with a copy placed on the Employee's personnel file. The Employee receiving the written warning shall be made aware of the standards of improvement in conduct that is to be made. If after twelve (12) months from the date of written warning the Company determines that the conduct has been satisfactory, the written warning will be removed from the Employee's personnel file.

Step 4 DISMISSALS If the Employee fails to meet the agreed standards of improvement in accordance with Step 3, or if the Company has a further concern about the conduct of the Employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may dismiss the Employee with a written notice of termination. While in most cases each step of the procedure will be followed in sequential order, in certain cases of serious breaches of procedures or unacceptable conduct, the Company may move straight to Step 3 of the procedure. Serious breaches in this context refer to breaches that for which it is not reasonable that a second breach would be tolerated and include such breaches that are likely to significantly put at risk other persons or the environment.

SUMMARY DISMISSAL The Company may dismiss an Employee, without notice, for serious misconduct warranting summary dismissal. The Company shall undertake an investigation into the issues pertaining to the serious misconduct. The Employee/s concerned will be afforded due and proper process including right to representation and opportunity to respond. The Employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may summarily dismiss the Employee. Examples of actions that may constitute serious misconduct include serious breaches of safety, fighting, theft, sabotage, embezzlement. Under normal circumstances, use of the Internet that has not been approved by the Company will not constitute serious misconduct. However, any Employee who violates this clause will be subject to the disciplinary code of conduct which in extreme cases may lead to dismissal.

CATEGORY DEFINITION APPROPRIATE DISCIPLINE

Category One

• Absenteeism; • Inefficiency and poor performance; • Poor timekeeping; • Minor breach of safety regulations; • Leaving workplace without permission;

Work through stages of discipline

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Category Two

Category Three

EMPLOYMENT

• Negligence; • Falsifying paperwork; • Breach of safety regulations;

• Possessing or consuming alcohol or other drugs on the job; • Deliberately damaging Company property and personal property; • Falsifying timesheets or Doctor's Certificates; • Mistreating/abusing a work mate or supervisor; • Timekeeping offences. • Testing positive to alcohol or other drugs when undergoing test

17. EMPLOYMENT ARRANGEMENTS

17.1 Contract of Employment Employment terms and conditions are as follows:

May be necessary to by-pass counselling stage and give a warning to Employee May be necessary to summarily dismiss an Employee in the presence of the Operations Manager or HR Manager and witness. Where mitigating circum-stances exist, it may be appropriate to give a final warning or to terminate the Employee's contract of employment.

(a) Employees shall be engaged on a full-time, part-time, fixed term or casual basis; (b) Employees shall be paid on a weekly basis by Electronic Funds Transfer (EFT) to a

nominated account; (c) An Employee may nominate accounts into which payments on the Employees

behalf may be deposited; (d) All new Employees will be provided with an induction program on commencement

of employment; an explanation of the role and functions of the workplace representative in consultative and dispute resolution processes will be provided.

(e) Employees shall comply with any reasonable request of the Company and, subject to the business needs or requirements, and in accordance with rosters (which may vary from time to time subject to clause 11.2) provided that they are appropriately skilled, competent, trained and qualified;

(f) Employees shall properly use all protective clothing and equipment that is provided by the Company;

(g) Employees shall use technology and perform any duties which are within the Employee's skills, competence, training and qualification;

(h) Employees shall adhere to start and finish times for all work periods; and (i) Employees shall participate in developing and implementing work methods that

are designed to improve the performance of the Company.

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Within twelve (12) months of the commencement of the Agreement the company will employ a minimum of forty (40) full time employees.

17.2 Probationary Period (a) An Employee's employment with the Company will be subject to a three (3) month

probationary period commencing from the date of commencement of employment.

(b) At any time during the probationary period and for any reason, the Employee's employment may be terminated by either the Company or the Employee.

17.3 Individual Flexibility Arrangement 17.3.1 The Company and an Employee covered by the Agreement may agree to make an Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement, if: (b) The IFA deals with one (1) or more of the following matters:

i. Arrangements about when work is performed; ii. Overtime rates;

iii. Penalty rates; iv. Allowances; and/or v. Leave loading.

(c) The IFA meets the genuine needs of the Company and Employee in relation to one (1) or more of the matters listed above.

(d) The IFA is genuinely agreed to by the Company and the Employee.

17 .3.2 The Company must ensure that the terms of the I FA: (a) Are about permitted matters under s172 of the Act; and (b) Are not unlawful terms under s194 of the Act; and (c) Result in the Employee being better off overall than the Employee would be if no

IFA was made.

17.3.3 The Company must ensure that the I FA: (a) Is in writing; and (b) Includes the name of the Company and Employee; and (c) Is signed by the Company and Employee and if the Employee is under eighteen (18)

years of age, signed by a parent or guardian of the Employee; and (d) Includes details of:

i. The terms of the Agreement that will be varied by the I FA; and ii. How the IFA 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 their employment as a result of the I FA. (e) States the date on which the IFA commences.

17.3.4 The Company must give the Employee a copy of the IFA within fourteen (14) days after it is agreed to.

17.3.5 The Company or Employee may terminate the IFA at any time by agreement or by giving no less than twenty eight (28) days written notice to the other party to the I FA.

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17.4 Casual Employment (a) A Casual Employee is an Employee employed on an occasional basis and whose

work pattern is not regular and systematic. When a person is engaged for casual employment they will be informed in writing that they are to be employed as a casual, the job to be performed, the classification level and their pay rate.

(b) In addition to the correct pay rates and allowances prescribed herein for each hour so worked, a Casual Employee shall be paid an additional casual loading of 25% of the base rate per hour.

(c) The casual loading is incorporated into the base rate and shall apply for the purposes of calculating shift work and penalty rates when they apply and is in lieu of all leave except in the case of eligible casuals as prescribed by the NES in the Act.

17.5 Apprentices and Trainees (a) Apprentices/Trainees shall be trained for qualification in accordance with an

Australian qualifications framework (AQF) accredited training course prescribed and provided by a relevant training organisation, which may include the Company.

(b) A suitable document describing the terms of the arrangement shall be provided to the Apprentice/Trainee.

(c) Apprentices/Trainees shall not be required to work Overtime unless over eighteen (18) years of age.

(d) When an Apprentice/Trainee is required to attend a technical college or school as part of their training on a day that they are rostered off, they shall observe an alternate rostered day off as agreed with the Company.

(e) Apprentices/Trainees shall be paid the following percentages of the ordinary base rate of pay of the relevant classification to which the Apprentice/Trainee applies:

Year Rate - Not Rate - Completed completed year 12 year 12

Year One (1) 50% 55%

Year Two (2) 60% 65%

Year Three (3) 75% 75%

Year Four (4) 90% 90%

(f) An existing Employee may be offered the opportunity of undertaking and Apprenticeship/Traineeship. An existing Employee who agrees to become an Apprentice/Trainee shall have their pre-Apprenticeship/Traineeship rate of pay maintained, in accordance with the pay increases contained herein, until such time as the Apprentice/Trainee rate should equal or exceed such rate. Upskilling of existing employees is of preference.

17.6 Termination of Employment (a) Termination of employment by the Company or the Employee shall be in

accordance with the requirements of relevant legislation, and by giving the relevant period of notice as set out in the following table (excluding casual, fixed term and probationary Employees):

Employee's period of continuous service with the Company at Period the end of the day the notice is given

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Not more than one (1) year One (1) week

More than one (1) year but not more than three (3) years Two (2) weeks

More than three (3) years but not more than five (5) years Three (3) weeks

More than five (5) years Four (4) weeks

(b) An Employee, in giving notice of resignation, may request an earlier exit date than that calculated in accordance with the table above. However, if the Company agrees to the earlier exit date, the Employee will only be paid up to and including the final day of work with the Company.

(c) An Employee over the age of forty-five {45) who has completed at least two (2) years of service with the Company is entitled to one (1) extra week's notice in addition to the period of notice set out in the table above, where the employment is terminated by the Company.

(d) The Company may: i. Pay the Employee in lieu of their notice period; or ii. Require the Employee to work for part of the Employee's notice period and

the pay the Employee for the balance of the period. (e) An Employees employment may be terminated without notice for serious

misconduct. (f) Employees are required to return all Company issued uniform, PPE and equipment

on termination of their employment.

17.6.1 Severance Pay Scheme The Company is, and will remain during the life of this Agreement, a member of the Redundancy Payment Approved Workers Entitlement Fund 2 (lncolink Number 2 Fund) of which Redundancy Payment Central Fund Ltd (lncolink) is trustee, and all casual Employees of the company, within the scope of this Agreement will be enrolled in the lncolink Number 2 Fund and be entitled to redundancy benefits in accordance with the terms of the Trust Deed.

The company shall pay contributions to the lncolink Number 2 Fund on behalf of each Casual Employee only, on a weekly basis in accordance with the Trust Deed.

Employees whom resign of their own volition will not be entitled to redundancy payment by the company.

17 .6.2 Redundancy (a) Definition of Redundancy

Redundancy shall apply: i. where the company determines that a job is no longer required and

that decision leads to the termination of the incumbent of that job; or ii. Where there is a downturn in work; or

111 . Because of the bankruptcy or insolvency of the Company. Redundancy shall not apply where:

iv. Termination of employment is as a consequence of resignation, retirement, or termination under the Counselling and Disciplinary Procedure or for serious misconduct;

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v. The Employee is employed on a casual basis, provided that the Company shall not employ a casual worker for the purpose of avoiding redundancy pay;

vi. The Employee is engaged on a fixed term basis vii. The Employee is a transferring employee under the Transfer of Business

provisions of the Act; or viii. The Company terminates an Apprentice/Trainee upon completion of

the term of the Apprenticeship/Traineeship. (b) Alternative Employment for a Redundant Employee

An Employee will not be entitled to redundancy pay under this clause if the Company obtains acceptable alternative employment for the Employee. In the event of a dispute as to whether alternative employment obtained for an Employee is acceptable, and/or whether the Employee should receive a lesser amount of redundancy pay than specified in this clause having regard to alternative employment obtained by the Company for the Employee, the dispute will be dealt with in accordance with the Dispute Resolution Procedure.

(c) Redundancy Pay i. In addition to the period of notice prescribed at clause 17.6, an Employee

whose employment is terminated by reason of Redundancy, shall be entitled to the following amount of Redundancy Pay in respect of a continuous period of service:

Employee's period of continuous service with the Redundancy Pay Company at the end of the day the notice is given One (1) year and less than two (2) years Four (4) weeks' pay

Two (2) years and less than three (3) years Six (6) weeks' pay

Three (3) years and less than four (4) years Seven (7) weeks' pay

Four (4) years and less than five (5) years Eight (8) weeks' pay

Five (5) years and less than six (6) years Ten (10) weeks' pay

Six (6) years and less than seven (7) years Eleven (11) weeks' pay

Seven (7) years and less than eight (8) years Th irteen (13) weeks' pay

Eight (8) years and less than nine (9) years Fourteen (14) weeks' pay

Nine (9) years and less than ten (10) years Sixteen (16) weeks' pay

Ten (10) years and over Eighteen (18) weeks' pay

ii. Provided that where an Employee who is terminated receives a benefit from a severance pay scheme, they shall only receive the difference between the Redundancy Pay specified above, and the amount of the severance benefit they receive which is attributable to the Company's contributions. If the severance benefit is greater than the amount under 17.6.2 then they shall receive no Redundancy Pay.

iii. Weeks' Pay means the gross weekly ordinary earnings, as defined, at the date of termination.

17.7 Superannuation

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The Company will contribute superannuation at the rates prescribed by the Superannuation Guarantee (Administration) Act 1992, calculated on ordinary time earnings on behalf of the Employee. This contribution shall be made to a complying superannuation fund.

The Company shall provide Employees with the right to choose their own preferred superannuation fund. Where the Employee does not have a preference, they will nominate one of the following funds:

• C Bus; • Vic Super; or • Australian Super.

Where an Employee wishes to have their pay salary sacrificed for additional superannuation, the Company will comply with the Employee's request within two (2) weeks. All entitlements and benefits contained in this Agreement will be calculated on the pre-salary sacrifice pay rate.

Requests can only be made, or arrangements altered, once in any twelve (12) month period.

Any salary sacrifice arrangements entered into between the Company and the Employee shall :

(a) Not disadvantage the Employee or the Company in any way; (b) Be effective only on the written authority of the Employee; (c) Immediately be stopped at the written request of the Employee; and (d) Details of any salary sacrifice arrangements shall be reflected on the Employee's

pay slip.

17.8 Acting in Higher Positions Employees engaged for more than two (2) hours on one (1) shift on duties carrying a higher rate than their ordinary classification shall, if the minimum rate for such classification is higher than their ordinary rate, be paid such minimum rate for such shift including all applicable penalties and allowances. If engaged for two (2) hours or less on one (1) shift, they shall be paid such minimum rate for the time worked.

18. HOURS OF WORK

18.1 Standard Hours The standard hours of work for a full-time Employee shall be thirty-eight (38) hours per week.

Standard hours of work for all Employees shall not exceed eight (8) hours per shift other than as provided below. No Employee during the course of any shift shall be booked off duty for more than half an hour, including time for a meal. The maximum hours of continuous work in any one (1) shift, standard hours or otherwise, shall not exceed twelve (12).

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Employees engaged on a full-time, part-time, or fixed-term basis may agree with the Company to work standard hours of eight (8) hours per day for the purpose of aligning Company rosters to those of the client. The Company will consult with Employees and their representatives in relation to any proposal described herein in accordance with clause 11.2 before the agreement to work such shifts is sought from Employees.

On each occasion a Casual Employee is required to attend work, the Employee is entitled to minimum payment of eight (8) hours.

18.2 Minimum Payment for Overtime (a) A Fulltime Employee must be paid for a minimum of four (4) hours for all work

performed defined as overtime. (b) The minimum payment of four (4) hours will not apply where it is customary for an

Employee to continue to perform a specific job outside normal working hours or where Overtime is continuous with the completion or commencement with standard hours.

18.3 Shift Work Definitions

Standard Hours is as defined under clause 18.1. Standard hours are between Sunday Spm and Saturday Spm.

Ordinary Earnings is the base rate of pay plus any allowances paid under clause 2 when the Employee is not at work.

Early Morning Shift is defined as a shift starting at or after 0400 and before 0600.

Day Shift is defined as a shift starting at or after 0600 and finishing at or before 1800.

Afternoon Shift is defined as a shift finishing after 1800 and at, or before, midnight (2400).

Night Shift is defined as a shift finishing after midnight (2400) and starting before 0400.

Rotating Shifts are when an Employee works on all rostered rotating shifts, i.e. Day, Afternoon and Night Shift.

Shift Worker is an Employee who works on Rotating Shifts or permanent Night Shift, and for the period they are engaged as such will be defined as a Shift Worker for the purposes of the Agreement.

Each hour (or part thereof) of Standard Hours of work shall be paid at the rate applicable for the day on which the hour (or part thereof) was worked.

18.4 Work Availability An Employee shall be required to make themselves available to work shifts as determined by the Company from time to time.

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An Employee, other than a Casual Employee, shall be given a copy of the rostered hours they are required to work at least fourteen (14) days prior to the commencement of each roster.

At least fourteen (14) days' notice shall be given to Employees, other than Casual Employees, if it is intended to alter rosters (and the requirements of clause 11.2 will otherwise be adhered to).

At least twenty four (24) hours' notice shall be given to an individual Employee, other than a Casual Employee, who is requested to change rostered shifts. Any requested change must be agreed to.

18.5 Extra Days Off (EDO} Extra Day Off (EDO) is defined as the day off provided for Employees working a nineteen (19) day, four (4) week cycle. The EDO represents the twentieth (20th) day of the four (4) week cycle.

EDOs will be rostered or otherwise taken as agreed between the Company and the Employee during the cycle so as to guarantee continuity of operation.

When working on a defined construction site, EDOs shall be rostered to align with the construction industry rostered day off (ROO) cycle.

For the avoidance of doubt, EDOs are not applicable to Casual Employees, or where Employees do not work a nineteen (19) day, four (4) week cycle.

18.6 Minimum Break from Work Employees shall be provided a ten (10) hour break between shifts.

In the event that an Employee is directed by the Company to commence duty without being given a ten (10) hour break they shall be paid at the rate of double-time until they are provided with such a break.

18.7 Meal Breaks and Rest Breaks

(a) An Employee is entitled to an unpaid meal break of not less than thirty (30} minutes, where a shift of actual work is greater than six (6) hours.

(b) All Employees will be allowed a rest break of ten (10) minutes between the times of commencing work and the usual meal break, or the completion of the shift where the shift of actual work is six (6) hours or less. This rest break will be counted as part if time worked.

(c) An Employee shall not be compelled to work for more than five (5) hours without a break for a meal. Where possible the normal meal break should be as near as practicable to the middle of the period of duty, but must be arranged so as not to unreasonably disrupt operational requirements.

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(d) The timing of meal breaks and rest breaks on any particular job should be discussed between the Company and the majority of Employees at a particular site. Occupational Health and Safety considerations will always prevail.

(e) In the event that due to operational requirements a thirty (30) minute unpaid meal break is not taken, the employee is entitled to a twenty (20) minute paid crib break.

18.8 Daylight Savings When by reason of State legislation, summer time is prescribed as being in advance of the standard time of the State, the length of any Overtime or Standard Hours shift shall be deemed to be the number of hours represented by the difference between the time recorded on the clock at the beginning of the shift and the time so recorded on the clock at the end of the shift. The time on the clock in each case is to be set to the time fixed pursuant to the State legislation.

18.9 Public Holidays An Employee, other than a Casual Employee, shall be entitled without loss of pay to public holidays as follows:

• New Years Day

• Australia Day

• Labour Day

• Good Friday

• Easter Saturday

• Easter Monday

• Anzac Day

• Queen's Birthday • Melbourne Cup Day

• Christmas Day • Boxing Day

Or such other day as is generally observed in a locality as a substitute day.

An Employee, other than a Casual Employee, shall be entitled without loss of pay to any additional Victorian Government Gazetted Public Holidays for their locality.

For the purposes of the Agreement, where Christmas Day, Boxing Day, New Years Day and Australia Day fall on a Saturday or Sunday, the substitute/additional days will be as per that prescribed in the Victorian Government Gazette.

19. PENALTY PAYMENTS

19.1 Shift Penalties All Standard Hours shall be subject to payment of the following shift penalties: (a) Early Morning Shift 15% (b) Afternoon Shift 15% (c) Night Shift 30%

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19.2 Saturday Work All work performed between midnight on Friday and midnight on Saturday shall be subject to payment at the rate of time and a half for the first two (2) hours and doubletime thereafter. This payment shall be made in lieu of any shift penalty prescribed under clause 19.1.

19.3 Sunday Work All work performed between midnight on Saturday and midnight on Sunday shall be subject to payment double-time rate. This payment shall be made in lieu of any shift penalty prescribed under clause 19.1.

19.4 Payment for Work on Public Holidays Any Employee shall be paid at the rate of double-time and a half for all hours worked on a Public Holiday. This payment shall be made in lieu of any shift penalty prescribed under clause 19.1.

19.5 Overtime (a) Overtime means all hours worked outside the Standard Hours of work as defined

under clause 18.1. (b) The Company may require Employees to work reasonable Overtime and

Employees shall work such reasonable Overtime as required. (c) For all work undertaken outside Standard Hours, payment will be time and half for

the first two (2) hours and double-time thereafter.

19.5.1 Overtime Meal Any Employee working Overtime shall be allowed a crib break of twenty (20) minutes without deduction of pay after each four (4) hours of work, but this provision shall not prevent any agreed arrangement being made for the taking of a longer meal interval without pay.

Any Employee who, due to Overtime, is required to work for a period of more than ten (10) hours shall either be supplied with a meal by the Company or be paid a Meal Allowance as per clause 33.

19.6 Penalty Payments NotCumulative Penalty Payments in the Agreement are not cumulative. The applicable rate is that which is most beneficial to the Employee.

20. BLANK 21. ALLOWANCES

21.1 Daily Travel Allowance An Employee who has travelled to the worksite as required by the Company from their principle place of residence shall receive the following travel allowance, provided they are not using the Company's transport (including where transport has been offered) or travelling from accommodation arranged by the Company:

Page 23 of 48


• Between 0 and up to SOkms from the employee's principle place of residence to the worksite at $27.67 per day.

• Between 51 and up to lOOkms from the employee's principle place of residence to the worksite at $38.43 per day.

• Over lOOkms from the employee's principle place of residence to the worksite at $76.87 per day.

An Employee claiming travel allowance shall demonstrate to the satisfaction of the Company their place of residence by production of two utility bills and a current driver's license.

The Company may accept another form of satisfactory evidence from the Employee demonstrating their place of residence.

The Daily Travel Allowance shall not be taken into account in calculating Overtime, Penalty Payments and shall be payable for any day upon which the Employee, in accordance with the Company's requirements, works or reports for work. For the avoidance of doubt, this allowance is not payable when an Employee is on leave or attending training.

21.2 Transfer During Working Hours

An Employee transferred from one worksite to another during working hours shall be paid for the time occupied in travelling, and unless transported by the Company, shall be paid reasonable cost of fares by most convenient public transport between such worksites. The reimbursement of public transport fares is not payable in instances where the Company provides the Employee free travel passes.

Provided that where the Company requests an Employee to use their own car to affect such transfer, and the Employee agrees to do so, the Employee shall be reimbursed at the rate as published by the ATO from time to time.

21.3 Living Away From Home

(a) For the purpose of this clause, a 'Distant Project' is one where the location of the on site project work is such, that because of its distance or because of the travelling facilities available to and from the location, it is reasonably necessary for an Employee to live and sleep at some place other than their usual place of residence.

(b) It is not compulsory for Employees to work at a Distant Project. (c) Where an Employee is sent, to work at a Distant Project, the Company may elect

to: i. Provide the Employee with an agreed reasonable board and lodging in a

well kept establishment with three (3) adequate meals each day; or ii. Pay the Employee an allowance as specified in clause 33 per day. Such

allowance shall not be wages. (d) Provided that where an Employee is requested to work at a Distant Project where

reasonable board and lodging is not available, or where the size of the workforce is in excess of available accommodation, agreed alternative arrangements will be made.

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(e) With the consent of the Company and notwithstanding the above, the Parties may enter into other arrangements by agreement that are superior to those contained in the Agreement, prior to the commencement of the Distant Project.

21.4 First Aid Allowance Employees appointed by the Company to perform first aid duty shall be paid an allowance as specified in clause 33, provided that such Employees shall be required to pass the appropriate first aid examination as required for the level of qualification. The CPR component of the first aid competency must be passed every twelve (12) months.

21.5 Leading Hand Allowance Employees nominated as Leading Hands will, in addition to their ordinary rate of pay, be paid an allowance as specified in clause 33, but on!y in respect of the hours for which the Employee is engaged as a Leading Hand.

21.6 Mobile Phone Allowance A phone allowance of $4.00 per shift will be paid to Employees who are required by the Company to use their personal mobile phone to perform their job.

21.7 Construction Site Clause 21.7.1 Rail Project Construction Site Definition For the purpose of this clause, it shall be deemed a Rail Project Construction Site when

an Employee performs: (a) Amplifications- work which involves the linear extension of existing infrastructure

on an existing corridor such as passing lanes and/or track duplications and associated works; or

(b) New Construction- work which involves the construction of new infrastructure on a corridor not previously used for light/heavy rail such as building sites, by-passes and yards not on railway reserves.

21.7.2 Rail Project Construction Site Allowance The following allowances apply to Employees who are required to perform duties on a Rail Project Construction Site for the time they are: (a) Engaged in activities (construction or maintenance) on the defined site; or (b) Engaged in activities (non construction or maintenance) directly supporting the

work being undertaken on the defined site.

Site Allowance as per below table

Project Value ($M) Site Allowance (per hour)

At least $2.6M and less than $6.8M $2.46


At least $16. 7M and less than $33. 7M $3.33




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At least $201.9M and less than $269.1M 1 S5.o5 At least $269.1M and less than $403.8M 1 $5.55 For Projects above $403.8M there shall be an increment of 10 cents per additional $100M or part thereof.

The rates shall be amended no later than 30 September each year of the Agreement reflecting movements in the consumer price index (CPI).

21.7.3 Rail Project Construction Inclement Weather (a) Inclement weather shall mean the existence of rain and/or abnormal climatic

conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like, or any combination thereof) whereby it is either not reasonable, or not safe, for Employees exposed to the inclement weather to continue working in those conditions. High temperature for the purposes of this clause shall be deemed to be thirty five (35) degrees Celsius or higher. (NB: this clause only applies to Employees engaged in recognised construction activities, on designated Rail Project Construction Sites, and will not necessarily have application to other facets of the Company's activities).

(b) During a period of inclement weather Employees may be required to complete their assigned work and for such work shall be paid at the rate of single time in addition to their rate at the time of the inclement weather, calculated to the next hour. Where the inclement weather has clearly ended, the Employee's shall resume work at normal rates and the time shall be agreed and noted.

(c) Where it is necessary an Employee shall work during periods of inclement weather to enable a rail network to remain safe whilst mobile plant or Employees of the Company or other workers are restoring a rail network to normal operating conditions.

21.7.4 Rail Project Construction Site Conditions Generally an Employee will not undertake construction activities on a Rail Project Construction Site when the site is closed to observe RDOs or equivalent, lock-down weekends and public holidays, provided however that due to the limited opportunity to gain occupation and access to infrastructure, work may be organised after notification of the Company to relevant Employees and their nominated representatives.

21.7.5 Work Cycles & Rostered Days Off (ROO) for Projects The ordinary working hours for an Employee working on construction projects shall be one hundred and forty-four (144) ordinary hours worked in a 1 0-day/2-week cycle, with eight hours worked for each of nine days, and with 0.8 of an hour on each of those days accruing towards the tenth day, which shall be taken as a paid day off.

The rostered hours of work shall be an average of thirty-six (36) hours per week. The tenth day of the cycle shall be known as the 'RDO'. RDOs are paid at the ordinary time rate paid to employees at the time of taking the RDO, and shall include the daily 'Fares & Traveling Allowance' and any applicable Site Allowance as prescribed by this Agreement.

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Provided that twenty-six RDOs shall be accrued by an employee in each twelve months continuous service.

Each day of paid leave taken and any holiday (as prescribed in clause 36- Public Holidays and Holiday Work- of the Award), occurring during any cycle of two weeks shall be regarded as a day worked for accrual purposes.

Upon commencement of employment, employees who have not worked a complete ten day/two week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur.

Upon termination of employment, an adjustment will be made to ensure that the full RDO entitlements, and no more, have been provided. This means that employees then having received more ROO's than they were entitled to will have the relevant amount removed from final termination payments, and employees who have received less than their full RDO entitlement will have the outstanding amount added to final termination payments.

21.7.6 Work on Scheduled RDOs Work may take place on a scheduled RDO or on any substituted day where it is required by the Company and such work is necessary to allow other employees to be employed productively to carry out out-of-hours maintenance or because of unforeseen delays to a particular projector a section of it or for other reasons arising from unforeseen or emergency circumstances on a project. Such circumstances would include the following:

i. Excessive periods of inclement weather, matters not necessarily the fault of the employer which has led to the project being delayed or behind schedule,

ii. The requirement to meet the principal 's work program and unexpected delays in the project due to scheduling of other works or supply of materials, or

iii. Work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations.

Where the Company requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will:

i. At least 7 calendar days prior to the RDO consult with the effected employees; and

ii. Notify the union in writing (fax or email) at least 7 calendar days prior to the RDO that work will be performed.

Employees who agree to work will work on the scheduled RDO (or any substituted day). An employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to:

i. the hours of work that will be worked by that employee in the week of the scheduled RDO;

ii. the employee's family responsibilities; and

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iii. any other special circumstances peculiar to the employee.

An employee cannot be required to work on more than two scheduled RDOs in any six week period. Such work shall be paid for at ordinary time rates of pay.

The untaken ROO will be re-scheduled to another day falling within six weeks of the originally scheduled day provided that the re-scheduled ROO is to be taken on a day or days adjacent to a weekend or in conjunction with annual leave, or as otherwise agreed by the parties, such agreement not to be unreasonably withheld.

If 7 calendar days notice is not provided by the Company in accordance with above then the affected employees, in addition to accrued entitlements, shall be paid penalty rates and provisions as prescribed for Sunday work in the award.

21.7.7 Alternate RDOs {a) Where the parties and a majority of the Company's employees at an enterprise

or job site agree, another day may be substituted for the scheduled ROO. {b) The union shall be notified concerning such substitution, such notification will

take place 5 working days prior to the change being implemented. {c) Where there is a dispute in relation to an alternate ROO, the matter may be

determined in accordance with clause 14, Disputes Resolution Procedure, of this Agreement.

22. LEAVE ENTITLEMENTS

22.1 Annual Leave 22.1.1 Annual Leave Entitlements {a) An Employee, other than a Casual Employee, accrues Annual Leave entitlements at

the rate of four {4) weeks per year of continuous service with the Company, or five {5) weeks per year of continuous service with the Company for a Shift Worker, in accordance with the NES.

{b) An Employee's entitlement to Annual Leave shall accrue progressively during the year and accumulates from year to year.

{c) Part-time Employees will accrue pro-rata Annual Leave entitlements based on their Standard Hours of work.

{d) The pay rate for Annual Leave is the Employee's base rate of pay plus any allowances paid under clause 33 when the Employee is not at work {Ordinary Earnings) at the time the Employee takes the Annual Leave, plus an Annual Leave Loading of seventeen point five percent {17.5%). Shift Workers an Annual Leave Loading of twenty percent {20%).

{e) The balance of an Employee's accrued entitlements should be taken at mutually convenient times.

{f) If the period during which an Employee takes paid Annual Leave included any other period of paid leave specified in the Agreement {other than Community Service Leave in accordance with clause 0.10 of the Agreement), the Employee is taken not to be on Annual Leave for the period of that other leave. For the avoidance of doubt, an Employee may apply to substitute Personal Leave for Annual Leave, subject to meeting the requirements as set out in clause 0.4.

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(g) An Employee by agreement with the Company may take Annual Leave for the purposes of annual shut down, or take Leave Without Pay for any part of the shut down for which the Employee has not accrued sufficient Annual Leave.

(h) While the preference is always for Employees to take their Annual Leave during the year in which it accrues, where an Employee has more than eight (8) weeks Annual Leave entitlement accrued to them, the Company may direct the Employee to take Annual Leave by providing at least twenty eight (28) days' notice, or such shorter period as agreed, prior to the date the Employee is iequired to commence the leave, provided that the Employee retains a balance of at least four (4) weeks accrued Annual Leave after the direction.

(i) An Employee may only take Annual Leave as a single day on five (5) occasions per calendar year.

22.1.2 Public Holidays Falling Within Annual Leave If a Public Holiday falls within an Employee's Annual Leave, as prescribed in the Agreement, and is on a day which would have been an ordinary working day, then the Public Holiday does not constitute part of the Employee's Annual Leave.

22.1.3 Calculation of Service with the Employer for Annual Leave (a) Service before the date of the Agreement shall be taken into consideration for the

purpose of calculating Annual Leave, but an Employee shall not be entitled to leave, or payment in lieu of leave, for any period in respect of which leave or payment in lieu has been allowed.

(b) The period of Annual Leave to be allowed under this clause shall be calculated to the nearest day, with any broken part of a day not exceeding half a day to be disregarded.

22.1.4 Annual Leave Allowed Before Due Time (a) The Company may allow an Employee to take Annual Leave before the

entitlement has been accrued. (b) Where Annual Leave has been granted before the entitlement has been accrued,

and the Employee subsequently leaves employment before the entitlement has been accrued, and the amount paid by the Company to the Employee for the Annual Leave taken exceeds the amount the Company is required to pay to the Employee on termination, the Company shall be entitled to deduct the amount of excess from any remuneration payable to the Employee upon termination of employment.

22.1.5 Entitlement on Termination (a) If an Employee leaves the employment or the employment is terminated by the

Company, the Employee shall be paid for any untaken accrued Annual Leave entitlement.

(b) Annual Leave Loading shall also apply to Annual Leave paid on termination, except where the Employee is dismissed by the Company for reasons of conduct or performance.

22.2 Additional Days Off (ADO)

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A total of five {5) ADOs will be provided annually for full-time Employees (which is equivalent to thirty-eight (38) hours based on a standard roster of five {5) times seven point six {7.6) hour shifts); these days shall be granted on 1 July of each year. ADOs must be taken within twelve {12) months from the date the leave is made available. These days are non-cumulative. The ADOs for Employees who start after 1 July in any given year will be granted on a pro-rata basis.

Part-time Employees are entitled to and will accrue pro-rata ADOs based on their Standard Hours of work.

ADOs will not be granted in advance and any unused credit is not paid out on termination.

22.3 Long Service Leave

Subject to the provision of this clause, the Long Service Leave Act 1992 {Vic) or other applicable state legislation will apply.

Long service leave payment will be made on the base hourly rate which applied immediately prior to taking Long Service Leave.

The Company will, for the life of the Agreement, be a participating employer in the Construction Industry Long Service Leave Fund (Co-Invest). All Employees who are defined by the Co-Invest Rules will be enrolled in the fund.

22.4 Personal Leave

22.4.1 An Employee, other than a Casual Employee, shall be entitled to receive fifteen {15) days Personal Leave per year (which is equivalent to one hundred and fourteen (114) hours based on a standard roster of fifteen {15) times seven point six {7.6) hour shifts) which will accrue progressively.

Part-time Employees are entitled to and will accrue pro-rata Personal Leave entitlements based on their Standard Hours of work.

Any unused Personal Leave shall accrue from year to year to the Employee.

22.4.2 During employment, or upon termination for any reason, Employees shall not be offered payment for accrued Personal Leave i.e. paying out of Personal Leave. If an Employee is terminated by the Company and is re-engaged within a period of six {6) months, then the Employee's unclaimed Personal Leave shall continue from the date of re-engagement. In such a case new Personal Leave entitlement will accrue from the new commencement date.

22.4.3 Sick Leave

An Employee, who is absent from work on account of personal illness or injury shall be entitled to paid leave from their Personal Leave entitlement, whenever such absence causes loss of Rostered Standard Hours.

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22.4.4 An Employee absent from a rostered Overtime shift shall be entitled to paid leave from their Personal Leave entitlement, upon the provision of the satisfactory certificate of a Registered Medical Practitioner. This payment will be made at the single time rate.

22.4.5 The Company may, in any year of service, grant five (5) days Personal Leave without the production of a medical certificate. The maximum number of consecutive days that will be granted without the production of a medical certificate shall be two (2).

22.4.6 Applications for Sick Leave shall be supported by the satisfactory certificate of a Registered Medical Practitioner or other evidence approved by the Company, such as a Statutory Declaration.

22.4.7 Paid Sick Leave shall be authorised where the Company is satisfied that the absence of an Employee from duty was due to genuine illness or injury.

22.4.8 An Employee who is involved directly in an industrial stoppage will not be entitled to paid Personal Leave on any working day, or shift reduced by the stoppage, unless the absence extends prior and beyond that day or shift and is fully covered by a medical certificate.

22.4.9 Carers Leave An Employee, other than a Casual Employee, is entitled to use, in accordance with this clause, any Personal Leave entitlement to provide care and support to a member of their Immediate Family or member of their household, who require care or support because of a personal illness or injury or an unexpected emergency affecting the member.

The term Immediate Family includes: (a) Spouse (including a former spouse), de facto partner (including a former de facto

partner), child (including an adopted or step child), parent, grandparent, grandchild or sibling of the Employee (a de facto partner means a person who lives with the Employee on a bona fide domestic basis); and

(b) A child, parent, grandparent, grandchild or sibling of the Employee's spouse or de facto partner.

The entitlement to use Personal Leave in accordance with this clause is subject to: (a) The Employee providing care for the person concerned; and (b) The person concerned being either a member of the Employee's Immediate Family

or a member of the Employee's household.

Where an Employee has exhausted all paid leave entitlements, or where an Employee is a Casual Employee, they are entitled to take unpaid Personal Leave to care for members of their Immediate Family or household, who require care or support because of a personal illness or injury or an unexpected emergency affecting the person concerned. The Company and the Employee shall agree on the period. In the

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absence of agreement, the Employee is entitled to take up to two (2) days, taken in full days, of unpaid leave per occasion.

The Employee shall furnish a medical certificate or Statutory Declaration, confirming that a member of their Immediate Family or household, require care or support because of a personal illness or injury or an unexpected emergency affecting the person concerned. This certificate must be provided as soon as reasonably practicable before or after the leave commences.

22.5 Parental Leave The following provisions relating to Parental Leave apply to Employees subject to eligibility criteria proscribed under this clause.

22.5.1 Definitions Parental Leave includes paid and unpaid Parental Leave, including Maternity Leave, Partner Leave and Adoption Leave.

(a) For the purpose of this clause child means a child of the Employee under school age, or a child under school age who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee, or of the spouse of the Employee, who has previously lived continuously with the Employee for a period of six (6) months or more.

(b) For the purpose of this clause spouse may include a de facto partner or former spouse.

(c) For the purpose of this clause, an eligible Casual Employee is one who has been engaged by the Company on a regular and systematic basis for a sequence of periods of employment for a period of twelve (12) months.

22.5.2 Basic Entitlement (a) After twelve (12) months service, an eligible Employee is entitled to a total of fifty

two (52) weeks unpaid Parental Leave in relation to the birth or adoption of the Employee's child.

(b) Subject to (a) above, Parental Leave is to be available to only one parent at a time on the proviso that they will be the primary caregiver for the child, in a single unbroken period, except that both parents may simultaneously take leave at the same time for a maximum period of eight (8) weeks within 12 months of the birth or adoption of the child. The concurrent leave may be taken in separate periods, however each period must be no shorter than two (2) weeks unless otherwise agreed.

22.5.3 Variation of Period of Parental Leave An Employee may apply to the Company to extend the period of Parental Leave on one (1) occasion. Any extension is to be notified as soon as possible but no less than fourteen (14) days before the end of the period. A period of Parental Leave may be shortened by written agreement between the Employee and the Company and the Employee must provide notice of return to work in accordance with clause 0.5.6.

22.5.4 Parental Leave and Other Entitlements

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An Employee may in lieu of or in conjunction with Parental Leave, access any Annual Leave or Long Service Leave entitlements which they have accrued subject to the total amount of leave not exceeding the maximum period of Parental Leave provided by the Agreement, or a period longer as agreed.

22.5.5 Transfer to a Safe Job (a) Where an Employee is pregnant and, in the op1n1on of a Registered Medical

Practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work, the Employee will, if the Company deems it practicable, be transferred to a safe job with no other changesto the Employee's terms and conditions of employment until the commencement of Maternity Leave.

(b) If the transfer to a safe job is not practicable, the Employee may elect, or the Company may require the Employee, to commence Maternity Leave for such period as is certified necessary by a Registered Medical Practitioner.

(c) Maternity Leave taken in these circumstances is paid leave which is additional to any other leave to which the Employee is entitled.

22.5.6 Returning to Work after a Period of Parental leave (a) An Employee will notify of their intention to return to work after a period of

Parental Leave at least four (4) weeks prior to the expiration of the leave, regardless of whether or not the Employee is returning to work at a previously notified/agreed date or earlier.

(b) An Employee will be entitled to the position they held immediately before proceeding on Parental Leave. In the case of an Employee transferred to a safe job, in accordance with clause 0.5.5, the Employee will be entitled to return to the position they held immediately before such transfer.

(c) Where such a position no longer exists but there are other positions available which the Employee is qualified for and is capable of performing, the Employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

22.5.7 Replacement Employees (a) A replacement Employee is an Employee specifically engaged or temporarily

promoted or transferred, as a result of an Employee proceeding on Parental Leave. (b) Before an Employer engages a replacement Employee the Employer must inform

that person of the temporary nature of the role and of the rights of the Employee who is being replaced.

22.5.8 Communication during Parental leave (a) While on Parental Leave, the Employee shall:

i. Take reasonable steps to inform the Company about any significant matter that will affect the Employer's decision regarding the duration of Parental Leave to be taken, whether the Employee intends to request to return to work and whether the Employee intends to request to return to work on a part-time basis; and

ii. Notify the Company of change of address or other contact details.

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(b) Where an Employee is on Parental Leave and a definite decision has been made to introduce Significant Change in the workplace affecting that Employee, in addition to the requirements set out in clause 11.2, the Company shall take reasonable steps to:

i. Make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing Parental Leave; and

ii. Provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing Parental Leave.

22.5.9 Paid Maternity Leave (a) An Employee, other than those engaged on a casual or fixed term basis, who has

completed twelve (12) months' service by the date of commencement of Parental (Maternity) Leave is entitled to be granted Paid Maternity Leave for a total period of twelve (12) weeks upon production of a certificate from a Registered Medical Practitioner stating that she is pregnant and specifying the date of the expected birth. When an Employee has been employed on a part-time basis for all or a portion of a continuous period of employment for twelve (12) calendar months preceding the leave, she is entitled to be granted Paid Maternity Leave on a prorata basis.

(b) When the pregnancy of an Employee terminates earlier than twenty (20) weeks prior to the expected date of delivery there is no entitlement to Paid Maternity Leave.

(c) The maximum leave granted both paid and unpaid (including the period of Maternity Leave) should not exceed fifty-two (52) weeks, subject to clause 0.5.13 and the NES.

(d) Payment in respect of Maternity Leave should not be made in advance, but paid in accordance with normal arrangements for payment of wages.

22.5.10 Special Maternity Leave Arrangements (a) Where the pregnancy of an Employee not then on Parental (Maternity) Leave

terminates after twenty-eight (28) weeks other than by the birth of a living child, then the Employee may take unpaid Special Maternity Leave of such periods as a Registered Medical Practitioner certifies as necessary.

(b) Where an Employee is suffering from an illness not directly related to the pregnancy, an Employee may take any paid Personal (Sick) Leave to which she is entitled in lieu of, or in addition to, Special Maternity Leave.

(c) Where an Employee not then on Parental (Maternity) Leave suffers illness related to her pregnancy, she may take paid Personal (Sick) Leave to which she is then entitled and such further unpaid Special Maternity Leave as a Registered Medical Practitioner certified as necessary before her return to work. The aggregate of Parental Leave and Special or Paid Maternity Leave may not exceed fifty-two (52) weeks, subject to clause 0.5.13 and the NES.

22.5.11 Paid Parental Leave

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An Employee, other than those engaged on a casual or fixed term basis, who has completed twelve (12) months service at the date of the birth of a child and who makes a statutory declaration that they are the non-birth parent of a child, is entitled to be granted Paid Partner Leave for a period not exceeding one (1) week, or for period that in the aggregate which does not exceed one (1) week, provided that such leave shall commence no more than: (a) One {1) week prior to the expected date of birth of the child; or (b) Five (Sj weeks after the birth of the chiid. (This means the Paid Partner Leave

should be completed no later than six (6) weeks after the birth of the child.) In cases of still birth, Paid Par~ner Leave may be granted subject to the production of substantiating medical evidence, but not in cases where the pregnancy terminated earlier than twenty (20) weeks prior to the expected date of delivery.

22.5.12 Adoption Leave including Paid Adoption Leave (a) If an Employee, other than those engaged on a casual or fixed term basis, is

adopting a child and has at least twelve (12) months continuous service they will be entitled to twelve (12) weeks paid leave provided that they are the primary caregiver.

(b) In cases where the Employee is a secondary caregiver they are entitled to one (1) week Paid Adoption Leave.

(c) The Employee will notify the Company at least ten (10) weeks in advance of the date of commencement of Parental (Adoption) Leave and the period of leave to be taken. An Employee may commence Parental (Adoption) Leave prior to providing such notice, where through circumstances beyond the control of the Employee, the adoption of a child takes place earlier. Before commencing Parental (Adoption) Leave, an Employee will provide the Company with a Statutory Declaration stating:

i. The Employee is seeking Parental (Adoption) Leave to become the primary caregiver of the child; and

ii. Particulars of any period of Parental (Adoption) Leave sought or taken by the Employee's spouse.

(d) The Company may require the Employee to provide confirmation from the appropriate government authority of the placement.

(e) Where the placement of a child for adoption with an Employee does not proceed or continue, the Employee will notify the Company immediately and the Company will nominate a time not exceeding four (4) weeks from receipt of notification for the Employee's return to work.

(f) An Employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

(g) An Employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews of examinations as are necessary as part of the adoption procedure. The Employee and the Company should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two (2) days unpaid leave. Where other paid leave is available to the Employee, the Company may require the Employee to take such paid leave instead.

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22.5.13 Right to Request (a) To assist the Employee in reconciling work and parental responsibilities, an

Employee entitled to Parental Leave under this clause may request the Company to allow the Employee:

i. To extend the period of unpaid Parental Leave provided for in clause 0.5.2 by a further continuous period of leave not exceeding fifty-two (52) weeks; or

ii. To return from a period of Parental Leave on a part-time basis until the child reaches school age.

(b) The Company shall consider the request having regard to the Employee's circumstances and, provided that the request is genuinely based on the Employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Company. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

(c) The Employee's request and the Company's decision must be recorded in writing. (d) When an Employee wishes to make a request, such a request must be made as

soon as possible but not less than seven (7} weeks prior to the date upon which the Employee is due to return to work from Parental Leave.

22.6 Compassionate Leave (a) An Employee is entitled to take up to three (3} days Compassionate Leave on each

occasion of the death of a member of the Employee's immediate family or household, or where a member of the Employee's immediate family or household has sustained a life-threatening illness or injury.

(b) Each period of Compassionate Leave stands alone and is not debited against any other type of leave.

(c) Employees, other than Casual Employees, taking Compassionate Leave shall be paid at the rate of their Ordinary Earnings.

(d) Employees are also entitled to take unpaid Compassionate Leave. The Company and Employee should agree on the length of unpaid leave.

22.7 Blood Donor Leave (a) An Employee shall receive leave with pay to attend a Blood Bank for the purpose of

making a blood donation. This leave is subject to a maximum four (4} hours payment at the rate of their Ordinary Earnings for each occasion on which ordinary time pay is lost. Payment for Blood Donor Leave will only apply to rostered shifts.

(b) The Employee shall provide the Company with reasonable notice in advance and a certificate of attendance from the blood bank.

22.8 Citizenship Ceremony Leave (a) An Employee who is required to attend a ceremony for the purposes of receiving

his/her Australian Citizenship Certificate shall receive leave with pay at ordinary time rate for time on which ordinary time pay is lost.

(b) The Employee shall provide the Company with reasonable notice in advance and allow the Citizenship Certificate to be sighted for verification.

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22.9 Jury Service (a) An Employee required to attend for Jury Service during rostered hours shall notify

the Company as soon as possible prior to the commencement of the service and indicate the expected duration of attendance for Jury Service.

(b) If an Employee is required to attend for Jury Service they shall receive their Ordinary Earnings provided the Company receives proof of their attendance and shall be permiited to retain any fees allowed by the court.

22.10 Community Service Leave An Employee is entitled to Community Service Leave including entitlement to be absent from employment during period of voluntary community or emergency service, e.g. firefighting, as provided in the Act.

22.11 Special Leave Where an Employee requires time away from work for a substantial reason (including but not limited to additional Compassionate Leave, Reserve Forces, participation in Major Sporting Events, Study) they may be granted paid leave at the discretion of the Company.

22.13 OHS Representatives Training leave (a) An Employee elected as an Occupational Health and Safety Representative may be

granted five (5) days' paid leave to undergo approved training. (b) The training should be undertaken as soon as practicable after the appointment,

having regard to the availability of course places and work requirements. (c) OHS Representatives may elect to attend a refresher training course once in each

year after completing the initial course, for each year they hold office as a HSR. Refresher training is generally a one (1) day course.

(d) Further training in occupational health and safety, in matters such as specific hazard courses, safe working practices or to provide necessary emergency services, should be undertaken as appropriate and at the Company's discretion as to the timing. Conditions in clause 25 will apply to this form of training.

(e) Payment is not to be made for travelling time in additional to the leave granted. (f) Leave to attend courses is not to be debited against any leave. (g) Payment is to be as for normal rostered shifts and is to include shift allowances,

site disability allowance or any all-purpose allowance regularly paid, but not for rostered Overtime that would otherwise have been worked.

(h) Payment is not to be made for incidental allowances (such as dirt, heat, fumes allowances etc.) as may be paid intermittently.

(i) Where an Employee works shifts, attendance should be scheduled, where practical, to maintain the shift pattern and not exceed the normal number of shifts.

22.14leave without Pay Leave without pay may be granted by the Company at the expiration of an Employee's leave entitlements.

22.15 Workplace Representative Training Leave

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(a) An Employee who is an elected workplace representative or a RTBU delegate and who is nominated to attend accredited training courses will receive paid leave for such attendance.

(b) Paid leave totalling no more than five (5) days in any calendar year may be granted, provided that the Employee can be released from their work.

(c) The workplace representative shall provide the Company with the course details and descriptions, dates and times on which the course will be presented and the course venue.

(d) Payment will only be provided where a loss of Ordinary Earnings.

ADDITIONAL SUPPORT

23. PERSONAL PROTECTIVE EQUIPMENT

To ensure that safety standards and a business-like image is maintained, all field Employees are required to wear Company issued clothing whilst engaged at work. The Company will provide a list of all Personal Protective Equipment to each Employee during induction. This list is subject to change.

Suitable Company issued protective clothing shall be supplied by the Company and will be replaced on a fair wear-and-tear basis upon satisfactory proof.

It is also a condition of employment that all Employees wear a high visibility safety vest at all times where required. It is also a requirement to wear all other appropriate safety clothing and protective equipment provided, whilst working in the business, and to ensure its proper care, maintenance and storage.

In the first instance, wherever suitable Australian-made clothing and equipment can be economically sourced, it shall be used in favour of articles manufactured outside of Australia.

24. STAFF DEVELOPMENT AND FEEDBACK

The overall objective of a feedback discussion is to provide suitable development for all individuals and to establish a process for mutual feedback in the workplace. A feedback discussion will enable both the Company and the Employee to measure the effectiveness of any training undertaken (or being undertaken) and provide a forum for ideas and suggestions.

It is an expectation of the Company that Employees will participate in all feedback discussions.

An Employee may choose to be accompanied, during any feedback discussions, by a third person of their choice.

Areas of review will include but are not limited to productivity, safety, environmental awareness, individual work history (skills audit), job satisfaction, team and individual performance targets, training requirements and competency.

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25. TRAINING AND SKILLS DEVELOPMENT The Company and Employees recognise that in order to increase efficiency and the competitiveness of the Company, a continued commitment to training and skill development is necessary.

The Company and Employees acknowledge the changing pace of technology in the railway industry and the need for the Company and the Employees to understand those changes and have the necessary skills required keeping the Company at the forefront of the industry.

25.1 Commitments to Training The Company and Employees commit themselves to:

(a) Developing a more highly skilled and flexible workforce. (b) Providing all Employees with career opportunities through appropriate training to

acquire the additional skills as required. (c) All competency based training provided will be delivered by accredited registered

training organisations as selected by the company. (d) A training program being developed for each Employee consistent with:

i. The current future skill needs of the Company and the Employee along with the size, structure and nature of the Company's business operations.

ii. The need to develop vocational skills relevant to the Company, the Employee and the railway industry.

iii. Developing a more healthy and safe working environment in particular by ensuring that appropriate numbers of Employees receive appropriate training in first aid, traffic management and railway safe working principles.

25.2 Attendance at Training (a) Compliance Training

a. All compliance training must be approved and arranged by the Company. b. Compliance training will be provided to full-time and part-time Employees

and the course cost will be borne by the Company. The Employee will reimburse the company in the event their employment is terminated for reasons other than redundancy within a period of six (6} months.

c. The course cost of any compliance training provided to casual Employees will be borne by the Employee and reimbursed by the company after a period of six (6} months continuous employment.

d. The Company will make best efforts to arrange compliance training during rostered shift times. In the event that the training is unable to be delivered during this time, the Employee will attend the training in their own time.

e. Compliance training includes any training that is a minimum requirement to work in the rail corridor.

(b) Upskill and Multiskilling Training a. All upskill or multiskilling training must be approved and arranged by the

Company. b. The course cost of any upskill and multiskilling training provided to fulltime

or part-time Employees will be borne by the Company. The Employee will reimburse the company in the event their employment is terminated for reasons other than redundancy within a period six (6) months.

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c. The course cost of any upskill and multiskilling training provided to casual Employees will be borne by the Employee and reimbursed by the company after a period of six (6) months continuous employment.

d. The Company will make best efforts to arrange upskill or multiskilling training during rostered shift times. In the event that the training is unable to be delivered during this time, the Employee will attend the training in their own time

e. Upskill and multiskilling training is all other accredited training that is not a minimum requirement to perform the classification under which an Employee is employed.

Travel costs incurred by an Employee undertaking training in accordance with this clause which exceeds those normally incurred in travelling to and from work will be reimbursed by the Company.

26. FATIGUE MANAGEMENT The Company agrees to develop practices and working arrangements that take into consideration the nature of the relevant working environment, e.g. in rail. In respect to fatigue management, rosters, additional hours and work will be monitored to ensure Employees do not place themselves at an unacceptable level of risk.

In return, Employees agree to present to work in a safe manner without undue impairment caused by fatigue or external activities likely to cause fatigue.

The Company and Employees have a shared responsibility in ensuring fatigue related risk is minimised.

27. TRAUMA COUNSELLING AND LEAVE (a) When an Employee is involved in a serious collision, witnesses a serious collision or the

effects of any serious collisions, the Employee will be provided with up to five (5) days paid leave, including any additional shift rostered within the forty-eight (48) hour notice period, provided he or she has provided a medical certificate and/or has lodged a WorkCover claim, or the Company has otherwise been notified.

(b) Post-traumatic stress counselling is available for all Employees. Attendance will be optional but recommended. If the Employee does not attend the manager must still authorise the paid leave as per above.

(c) During any period of the Trauma Leave the Employee is to be paid what he or she would have received for the normal rostered shift, including shift, weekend and public holiday penalty payments and allowances for the first five (5) days not including the day of the accident.

28. INCOME PROTECTION (a) The Company will pay the weekly contribution on each full time and part time

Employee's behalf to lnco link to cover Leisure Time lllness/WorkCover Top-Up/TAC Top up and Workplace Death and Trauma Benefits known as Income Protection and Trauma Insurance (IPT). Contributions will be pro-rata for part time Employees.

(b) The Company will administer weekly contributions to the same fund on behalf of casual Employees where they elect to have deductions made from their weekly pay. If

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the casual Employee does not elect to have a deduction made from their weekly pay, the Company will not be required to make a contribution on the casual Employee's behalf.

29. ABSENTEEISM The Company's philosophy is to focus on encouraging Employees to be at work unless they are absent due to illness, injury or approved leave. When it becomes apparent that an Empioyee has deveioped a pattern of behaviour that is contrary to these goals, the Company is committed to encouraging and facilitating good performance by communicating an expectation for improvement and providing the means by which improvement can be achieved and which may require the Employee upon return to work to attend an examination conducted by a Company nominated Registered Medical Practitioner. The Company will endeavour to work with the Employee to determine and resolve factors causing absenteeism.

30. ACCIDENT PAY (a) An Employee, who is in receipt of workers compensation payments, shall also receive

payment from the Company of an amount equal to the difference between the workers compensation payment and the Employee's ordinary base rate of pay at the time of the injury, for a maximum period of fifty-two (52) weeks from the date of injury.

(b) An Employee, on engagement, shall be required to declare all workers compensation claims made by them, and in the event of false or inaccurate information being deliberately and knowingly declared, the Company may require the Employee to forfeit their entitlement to Accident Pay.

(c) Accident Pay shall not be paid where any period of other paid leave of absence has been granted.

(d) In the case of an Employee rostered off on a programmed ADO which falls in a period when they are receiving workers compensation, they are not entitled to an alternative programmed ADO at a later stage.

(e) The Company shall not dismiss any Employee by reason only of them being in receipt of Accident Pay.

(f) An Employee off duty and in receipt of Accident Pay shall continue to receive payments of any Acting in Higher Allowance being paid at the time of the injury for the full period that they would have continued to so act.

(g) An Employee who has submitted a claim for workers compensation and is absent from duty for more than a week and where it is apparent there may be a delay in the assessment of their claim, may be paid Personal Leave (subject to the availability of credits) pending determination of the claim. On acceptance of the claim, Personal Leave used under this clause for the claim will be re-credited.

31. FAMILY VIOLENCE The Company recognises that Employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. The Company is committed to providing support to Employees that experience family violence.

31.1 Definition of Family Violence

Page 41 of 48


The Company accepts the definition of Family Violence as stipulated in the Family Violence Protection Act 2008 (Vic). The definition of Family Violence includes: physical, sexual, financial, verbal or emotional abuse by a family member.

31.2 General Measures (a) Proof of Family Violence will be required and can be in the form of an agreed

document issued by the police service, a court, a doctor, district nurse, maternal and child care nurse, a family violence support service or a lawyer.

(b) All personal information concerning Family Violence will be kept confidential in line with Company policy and relevant legislation. No information will be kept on an Employee's personnel file without their express written permission.

(c) No adverse action will be taken against an Employee (if proof has been provided as above) if their attendance or performance at work suffers as a result of experiencing Family Violence.

(d) The Company will identify a contact who will be trained in Family Violence and privacy issues, for example, training in family violence risk assessment and risk management. The Company will advertise the name of the contact within the workplace.

(e) An Employee experiencing Family Violence may raise the issue with their immediate manager/supervisor or the nominated contact. The manager/supervisor may seek advice from Human Resources if the Employee chooses not to see the nominated contact.

(f) Where requested by an Employee, the nominated contact will liaise with the Employee's manager on the Employee's behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with clause 31.3 and 31.4

31.3 Family Violence Leave (a) An Employee experiencing family violence will have access to up to a maximum of

fifteen (15) days per year of paid Family Violence Leave for medical appointments, legal proceedings and other activities related to family violence. This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days, or as a fraction of a day.

(b) An Employee who supports a person experiencing family violence may take Personal (Carers) Leave to accompany them to court, to hospital or to mind children.

31.4 Individual Support In order to provide support to an Employee experiencing Family Violence and to provide a safe work environment to all Employees, the Company will approve any reasonable request from an Employee experiencing Family Violence for: (a) Changes to their span of hours or pattern of hours and/or shift patters; (b) Job redesign or changes to duties; (c) Relocation to suitable employment within the Company; (d) A change to their telephone number or email address to avoid harassing contact;

or (e) Any other appropriate measure including flexible work arrangements.

Page 42 of 48


An Employee experiencing Family Violence will be referred to the EAP, appropriate support agencies and/or other local resources. The EAP shall include professionals trained specifically in Family Violence.

An Employee that discloses to Human Resources or their supervisor that they are experiencing family violence will be given a resource pack of information of current support and referral services.

31.5 Workplace Representative Rights Workplace Representatives including an RTBU delegate will have the ability to use company facilities such as office phone and computer to communicate with members. Workplace Representatives are also in a position to communicate with members via the staff noticeboards.

Page 43 of 48

CLASSIFICATIONS AND RATES OF PAY

32. RATES OF PAY

32.1 Non-Construction Rates

1stJanuary 2016 1st July 2016 1st January 2017 1st July 2017 1st January 2018 1st July 2018 Casual Casual Casual Casual Casual Casual Loading Loading Loading Loading Loading Base Loading

Base Rate Rate Base Rate Rate Base Rate Rate Base Rate Rate Base Rate Rate Rate Rate

Terminal Operator $37.13 $46.41 $38.06 $47.57 $38.82 $48.52 $39.60 $49.49 $40.39 $50.48 $41.20 $51.49

Train Examiner $29.28 $36.60 $30.01 $37.52 $30.61 $38.27 $31.23 $39.03 $31.85 $39.81 $32.49 $40.61

Hi Rail Operator $32.73 $40.91 $33.54 $41.93 $34.22 $42.77 $34.90 $43.62 $35.60 $44.50 $36.31 $45.39

Way Maintainer $26.00 $32.50 $26.65 $33.32 $27.19 $33.98 $27.73 $34.66 $28.28 $35.35 $28.85 $36.06

Lookout (TFP-L) $27.31 $34.13 $27.99 $34.99 $28.55 $35.69 $29.12 $36.40 $29.70 $37.13 $30.30 $37.87

Handsignaller (TFP-H) $27.31 $34.13 $27.99 $34.99 $28.55 $35.69 $29.12 $36.40 $29.70 $37.13 $30.30 $37.87

Co-ordinator (TFPC-1) $32.68 $40.85 $33.49 $41.87 $34.16 $42.70 $34.85 $43.56 $35.54 $44.43 $36.25 $45.32



Shunter $35.58 $44.47 $36.47 $45.59 $37.20 $46.50 $37.94 $47.43 $38.70 $48.38 $39.48 $49.34

Forklift Operator $26.92 $33.65 $27.59 $34.49 $28.15 $35.18 $28.71 $35.89 $29.28 $36.60 $29.87 $37.34

TRMO C3 $27.40 $34.25 $28.08 $35.10 $28.64 $35.80 $29.22 $36.52 $29.80 $37.25 $30.40 $37.99 Backhoe Operator/Front End Loader Operator $27.71 $34.63 $28.40 $35.50 $28.97 $36.21 $29.55 $36.93 $30.14 $37.67 $30.74 $38.43

TRMO C4 $29.86 $37.32 $30.60 $38.25 $31.21 $39.02 $31.84 $39.80 $32.48 $40.59 $33.13 $41.41

Way Gang Bus Driver $30.31 $37.88 $31.06 $38.83 $31.69 $39.61 $32.32 $40.40 $32.97 $41.21 $33.63 $42.03

Way Gang Driver $28.09 $35.11 $28.79 $35.98 $29.36 $36.70 $29.95 $37.44 $30.55 $38.19 $31.16 $38.95

Truck Driver 8 tonne $29.64 $37.05 $30.38 $37.98 $30.99 $38.74 $31.61 $39.51 $32.24 $40.30 $32.89 $41.11

Truck Driver 8 to 16 $30.23 $37.79 $30.99 $38.74 $31.61 $39.51 $32.24 $40.30 $32.89 $41.11 $33.54 $41.93


tonne

Truck Driver over 16 tonne $30.70 $38.38 $31.47 $39.34 $32.10 $40.12 $32.74 $40.92 $33.39 $41.74 $34.06 $42.58 Welders Offsider $26.58 $33.23 $27.25 $34.06 $27.79 $34.74 $28.35 $35.44 $28.92 $36.15 $29.50 $36.87 Thermit Welder $29.71 $37.14 $30.45 $38.06 $31.06 $38.83 $31.68 $39.60 $32.32 $40.39 $32.96 $41.20 Ganger TM $30.02 $37.53 $30.77 $38.46 $31.39 $39.23 $32.01 $40.02 $32.65 $40.82 $33.31 $41.63 Special Ganger TM $32.50 $40.62 $33.31 $41.64 $33.98 $42.47 $34.65 $43.32 $35.35 $44.18 $36.05 $45.07

Road Foreman $42.12 $52.64 $43.17 $53.96 $44.03 $55.04 $44.91 $56.14 $45.81 $57.26 $46.73 $58.41 lV0-1 TM $35.26 $44.08 $36.14 $45.18 $36.86 $46.08 $37.60 $47.00 $38.35 $47.94 $39.12 $48.90 PTF TM $32.68 $40.85 $33.49 $41.87 $34.16 $42.70 $34.85 $43.56 $35.54 $44.43 $36.25 $45.32 PTWTM $36.16 $45.20 $37.07 $46.33 $37.81 $47.26 $38.56 $48.20 $39.33 $49.17 $40.12 $50.15 Competent Employee (Level 5) $45.21 $56.51 $46.34 $57.92 $47.26 $59.08 $48.21 $60.26 $49.17 $61.47 $50.16 $62.70 Way Maintainer Less than 3 months experience $24.44 $30.56 $25.06 $31.32 $25.56 $31.95 $26.07 $32.58 $26.59 $33.24 $27.12 $33.90

Rigger $28.22 $35.28 $28.93 $36.16 $29.51 $36.89 $30.10 $37.62 $30.70 $38.38 $31.31 $39.14

Page 45 of 48


32.2 Construction Rates

1stJanuary 2016 1st July 2016 1st January 2017 1st July 2017 1st January 2018 1st July 2018 Casual Casual Casual Casual Casual Casual

Base Loading Loading Loading Loading Loading Base Loading Rate Rate Base Rate Rate Base Rate Rate Base Rate Rate Base Rate Rate Rate Rate

Way Maintainer $29.19 $36.49 $29.92 $37.40 $30.52 $38.15 $31.13 $38.91 $31.75 $39.69 $32.39 $40.49 Lookout (TFP-L) $33.36 $41.70 $34.19 $42.74 $34.88 $43.59 $35.57 $44.47 $36.28 $45.36 $37.01 $46.26 Handsignaller (TFP-H) $33.36 $41.70 $34.19 $42.74 $34.88 $43.59 $35.57 $44.47 $36.28 $45.36 $37.01 $46.26 Co-ordinator (TFPC-1) $36.44 $45.55 $37.35 $46.69 $38.10 $47.62 $38.86 $48.58 $39.64 $49.55 $40.43 $50.54 Co-ordinator (TFPC-2) $37.36 $46.70 $38.29 $47.87 $39.06 $48.82 $39.84 $49.80 $40.64 $50.80 $41.45 $51.81 Co-ordinator (TFPC-3) $39.93 $49.91 $40.92 $51.15 $41.74 $52.18 $42.58 $53.22 $43.43 $54.29 $44.30 $55.37 Backhoe Operator/Front End Loader Operator $30.23 $37.78 $30.98 $38.73 $31.60 $39.50 $32.23 $40.29 $32.88 $41.10 $33.53 $41.92 Way Gang Bus Driver $29.13 $36.42 $29.86 $37.33 $30.46 $38.08 $31.07 $38.84 $31.69 $39.61 $32.32 $40.41 Way Gang Driver $29.13 $36.42 $29.86 $37.33 $30.46 $38.08 $31.07 $38.84 $31.69 $39.61 $32.32 $40.41 Truck Driver 8 to 16 tonne $30.20 $37.75 $30.96 $38.69 $31.57 $39.47 $32.21 $40.26 $32.85 $41.06 $33.51 $41.88 Truck Driver over 16 tonne $30.20 $37.75 $30.96 $38.69 $31.57 $39.47 $32.21 $40.26 $32.85 $41.06 $33.51 $41.88 Welders Offsider $29.19 $36.49 $29.92 $37.40 $30.52 $38.15 $31.13 $38.91 $31.75 $39.69 $32.39 $40.49 Thermit Welder $30.20 $37.75 $30.96 $38.69 $31.57 $39.47 $32.21 $40.26 $32.85 $41.06 $33.51 $41.88 Ganger TM $30.02 $37.53 $30.77 $38.46 $31.39 $39.23 $32.01 $40.02 $32.65 $40.82 $33.31 $41.63 Special Ganger TM $32.50 $40.62 $33.31 $41.64 $33.98 $42.47 $34.65 $43.32 $35.35 $44.18 $36.05 $45.07 TV0-1 TM $39.93 $49.91 $40.92 $51.15 $41.74 $52.18 $42.58 $53.22 $43.43 $54.29 $44.30 $55.37 PTF TM $36.46 $45.57 $37.37 $46.71 $38.12 $47.65 $38.88 $48.60 $39.66 $49.57 $40.45 $50.56 PTWTM $40.67 $50.84 $41.69 $52.11 $42.52 $53.15 $43.37 $54.22 $44.24 $55.30 $45.13 $56.41 Competent Employee (LevelS) $49.72 $62.16 $50.97 $63.71 $51.99 $64.98 $53.03 $66.28 $54.09 $67.61 $55.17 $68.96 Rigger $32.91 $41.14 $33.74 $42.17 $34.41 $43.02 $35.10 $43.88 $35.80 $44.75 $36.52 $45.65

Page 46 of 48

33. ALLOWANCES

Allowance · Payment Type ·. Rate 2016 Rate2017 Rate 2018 ' ··· First Aid Per shift $2.91 $3.06 $3.18 Leading Hand Per hour Up to 4 people $1.50 $1.58 $1.64 4 or more people $2.00 $2.10 $2.18

Travel Per shift Oto SOkms $27.67 $29.05 $30.21

51 to lOOkms $38.43 $40.35 $42.37 Over lOOkms $76.87 $80.71 $83.94

Overtime Meal $17.06 $17.91 $18.63

LA FHA Per shift $180.96 $190.00 $197.60 Mobile Phone Per shift $4.00 $4.20 $4.37


34. SIGNATORIES

The Company, Employees and Unions agreed to comply with the provisions contained herein.

In witness thereof the Company, Employees and Unions hereto have duly executed this Ent erprise

Agreement.

This Enterprise Agreement is signed for and on behalf of Sunstone Resources Pty Ltd

~\\\\\l(J v.J~\\e~ Name .................... l ........................ .

Address .?.?. .. ~~---~'\ ~?;"')k '3o31

Date ........ !f?/?dtf?..-.......... .

Witness

· ·~ Authonty to S1gn: ..... 0!J!2.

?c?~~~u ~, ~ Address.............................. ...... ......... -'\ ~

Date ...... .lb/C?::J:~~: ............ . This Enterprise Agreement is signed for and on behalf of the Australian Rail, Tram and Bus Industry Union

~~"o''L:~m~ ~ vov-,t<:L Nome...... b ................... 5d Add,.,, rzl~~x CJue01A

i~/o2_[/f r . Date ........................................ P.. ..

Witness

Nome . ~J j "\ 0.. f. V " "' 'i

Add•e" 2.:/)€'[ Q tJI!.eV\ d, {'v1d~cu~'l Dote JV.tz.;i. .............. .

Authority to Sign: ... ............ ...... ........... .

Page 48 of 48

Model flexibility term Schedule 2.2

Fair Work Regulations 2009 113

Schedule 2.2—Model flexibility term (regulation 2.08)

Model flexibility term

(1) An employer and employee covered by this enterprise agreement

may agree to make an individual flexibility arrangement to vary the

effect of terms of the agreement if:

(a) the agreement deals with 1 or more of the following matters:

(i) arrangements about when work is performed;

(ii) overtime rates;

(iii) penalty rates;

(iv) allowances;

(v) leave loading; and

(b) the arrangement meets the genuine needs of the employer and

employee in relation to 1 or more of the matters mentioned in

paragraph (a); and

(c) the arrangement is genuinely agreed to by the employer and

employee.

(2) The employer must ensure that the terms of the individual

flexibility arrangement:

(a) are about permitted matters under section 172 of the Fair

Work Act 2009; and

(b) are not unlawful terms under section 194 of the Fair Work

Act 2009; and

(c) result in the employee being better off overall than the

employee would be if no arrangement was made.

(3) The employer must ensure that the individual flexibility

arrangement:

(a) is in writing; and

(b) includes the name of the employer and employee; and

(c) 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

(d) includes details of:

Federal Register of Legislative Instruments F2014C00008

Schedule 2.2 Model flexibility term

114 Fair Work Regulations 2009

(i) the terms of the enterprise 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

(e) states the day on which the arrangement commences.

(4) The employer must give the employee a copy of the individual

flexibility arrangement within 14 days after it is agreed to.

(5) The employer or employee may terminate the individual flexibility

arrangement:

(a) by giving no more than 28 days written notice to the other

party to the arrangement; or

(b) if the employer and employee agree in writing—at any time.

Federal Register of Legislative Instruments F2014C00008

IN THE FAIR WORK COMMISSION

FWC Matter No.: AG2016/2339 - Application for Approval of the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018

Section 185 -Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Robert Maroney, Human Resources Manager for Sunstone Resources Pty ltd, give the following undertakings with respect to the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018 ("the Agreement"):

1. I have the authority given to me by Sunstone Resources Pty ltd to provide this undertaking in relation to the application before the Fair Work Commission.

2. Notwithstanding Clause 17.2 and 17.6 of the Agreement, probationary employees will be entitled to notice of termination in accordance with the NES and the Fair Work Act 2009.

3. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Signature

Date

1

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