BUILDING CAPABILITY
(Enterprise
Agreement 2001 - 2003)
Rail Infrastructure Corporation (RIC), the
Combined Rail Unions (CRU) and the Labor Council of New South Wales (Labor
Council), signatories to this document, agree to the following objectives.
1. To have Safety Improvement and Infrastructure Enhancement as the
principle objective of the new EBA;
2. To introduce a culture of continuous learning into RIC. To this end
RIC, in cooperation with the Labor Council, should establish a Specialist
College to provide a formal delivery mechanism for continuous learning in RIC;
3. To ensure that such training results in the accumulation of
competencies that are relevant to the job, are broad based, portable and result
in appropriately recognised National Qualifications.
4. To restore wage relativities within RIC by ensuring that the
classification structure and levels of remuneration are properly linked to
skills and competences.
5. To ensure that all employees have clear opportunities for upward
progression through the classification structure through training and the
accumulation of competencies.
6. To ensure that no employee will suffer any net detriment as a result
of the introduction and implementation of this Agreement. This means both Labor Council and RIC agree
that this means no employee will be worse off financially as a result of the
introduction of the new Agreement;
7. To ensure economic adjustments over the life of this agreement will
at a minimum, equal the increases in the cost of living over the life of this
agreement without loss of existing benefits,
and;
8. To provide a framework whereby RIC, Labor Council and affiliates
formulate joint approaches to ensure that the New South Wales Government
provides sufficient financial resources to meet these objectives.
The following attachments are key papers
that will be referred to and outline a number of key issues that will need to
be addressed during the development of this Enterprise Agreement.
Appendix A: RIC Issues Paper - Change Management Steering Committee - Restructure of Rail Agencies
under the Transport Administration Amendment (Rail Management) Act 2000
OBJECTIVES. 2
EBA - Pay Rise. 6
Term of Agreement [c.f. s.6] 6
Definitions [c.f. s.7] 6
Average Pay [c.f. s.11] 6
Consultative Arrangement [c.f. s.12] 6
Performance Management [c.f. s.13] 7
Health and Safety [c.f. s.14] 7
Remuneration Management System [c.f. s.15] 7
Remuneration Packaging [c.f. s.16] 7
Pay Rates [c.f. s.17] 7
Performance Bonus [c.f. s.18] 8
Recognition of Competencies. 8
Apprentice Percentages [c.f. s.19] 8
Industry Allowance [c.f. s.20] 8
Special Conditions - Clerical, Senior, Technical &
Professional Officers and Professional Engineers [c.f. s.21] 8
Supplementary Labor [c.f. s.22] 9
Annual Leave [c.f. s.23] & Accrued Annual Leave [c.f.
s.24] 9
Picnic Day [c.f. s.25] 9
Personal/Carer's Leave [c.f. s.26] 10
Sick Leave [c.f. s. 27] 10
Absence Management [c.f. s.28] 10
Higher Grade [c.f. s.29] 11
Travelling and Incidental Expenses [c.f. s.30] 12
Work Clothing [c.f. s.31] 12
Allowances [c.f. s.32] 13
Direct Appointment of Employees [c.f. s.33] 15
Trade Union Training Leave [c.f. s.34] 15
Disputes Resolution [c.f. s.35] 18
Banking of RDO's [c.f. s.36] 18
Traveling Time [c.f. s.37] 18
Home Depot [c.f. s.38] 19
Public Holidays [c.f. s.39] 19
Bank Holiday [c.f. s.40] 19
Productivity Provisions [c.f. s.41] 19
Start and Finish At Worksite [c.f. s.42] 21
Shift Work [c.f. s.43] 21
Casual Employment [c.f. s.44] 23
Extra Claims [c.f. s.45] 23
Leave Reserved [c.f. s.46] 23
ADDITIONAL ISSUES FOR AGREEMENT. 24
Staff Pays. 24
Use of External Contractors. 24
Additional Allowances. 24
Overtime Restrictions. 26
Redundancy. 26
Redundancy Payout Policy. 26
Bargaining Agents Fee. 26
Pre-Retirement Intellectual Property Transfer Scheme
(PRIPTS) 27
Time Bank. 28
Transmission of Business. 28
Acknowledgement of Service. 28
Wage Increase: 10% per year
Leave
reserve provision to review should the CPI be greater than the wage increase
over that period.
It is the union position that the next
Agreement include clear definitions of the terms:
·
Appointment (Refer to: Direct
Appointment of Employees [c.f. s.33]);
·
Acting in Higher Grades (Refer to: Higher
Grade [c.f. s.29])
·
Shift worker (Refer to: Shift
Work [c.f. s.43])
"Code of Rostering"
It is the union position to renegotiate the
code which sets out the parameters within which rostering can be scheduled for
this Enterprise Agreement.
The union position is that we do not want
to see fatigue management guidelines being pushed through and undermining
existing arrangements without a formal consultation and education process that
includes unions, union delegates and staff representatives.
A similar provision defining the
consultative arrangements should be included in this Agreement.
This section has not been properly
implemented. As a result, a range of
issues could have been more effectively dealt with over the life of the last
agreement had this section been appropriately implemented and resourced.
There needs to be a stronger onus upon
management to implement consultative arrangements.
There is a need for clear guidelines that
are consistently administered across the enterprise.
Unions agree to the inclusion of
performance management in salaried areas provided that there are proper
guidelines in place that are consistently applied across the enterprise. Unions are prepared to negotiate the detail
of such provisions with management.
The Agreement should acknowledge the new Occupational Health and Safety Act 2000
and the Occupational Health and Safety
Regulation 2001 with respect to OH&S.
Develop through consultation with unions
appropriate structures to put the Act and Regulations into effect. This should include the provision for
ongoing monitoring.
The Remuneration Management System should
apply to salaried areas only. RSA has
done nothing to implement this during the life of the current Agreement. Unions are willing to discuss this with RIC
provided there are appropriate guidelines that are applied consistently and
fairly.
It is the union position that all employees
should have an opportunity, upon request, to access remuneration packaging. This was promised in the last Agreement and
was only delivered in part. Unions want
more flexibility in packaging.
The guidelines on packaging should be
available to all employees.
All current employees who have not received
the previous 3% should be brought into line with existing rates prior to the
application of the new Agreement. This
administrative action must occur before the signing of new agreement.
Performance bonuses should apply to all employees,
in particular to those employees working alongside contractors.
The methodology used by RIA should be the
basis for the next Agreement. Is to be
agreed as part of the current Agreement.
There are numerous examples throughout RIC
where established wage relativities have been eroded.
The union position is that RIC needs to
expend the resources necessary to develop an appropriate classification
structure that is linked to defined skills and competencies. This should ensure
that remuneration is linked to competencies and that all employees have the
necessary pathways and training opportunities to progress.
Other wage rates should also be subjected
to the same principles.
It is the union position that there should
be a ratio of one (1) apprentice / trainee / cadet to every five (5) fully
qualified employees.
It is the union position that the Industry
Allowance be increased by 30%.
The problem is that there is no penalty
that applies to the employer for not abiding by the DSP, while there is a
penalty that applies to the employee.
s. 21.2.3: Infrastructure employees are
able to work a 9-day fortnight however, some salary employees move from
positions that were based on a 9-day fortnight to a 19-day month. The option for working and retaining a 9-day
fortnight should also be available to salary positions and any other employees
not currently able to access this option.
Employees
are to continue to work a 38-hour week.
s. 21.2.4: It is the union
position that an agreed interpretation be developed along with an agreed appeal
process.
As part of this agreement, the unions
believe this section requires a major review.
Hence, it is the union position that the current casual / labour-hire
policy and associated clauses be reviewed and an agreed protocol be included in
the Agreement. Such a protocol should
apply to capital projects also.
The last paragraph in s.22 of the current
clause should be expanded to include all employees and all areas of work but
only with the agreement of the relevant union(s).
Unions are generally satisfied with the
current criteria but want a more general accumulation of leave provision in the
new Agreement.
Currently, holiday leave accrual is up to 8
weeks for employees who work Monday to Friday and 10 weeks for shift
workers. It is the union position that
all employees be able to accrue up to 12 weeks of holidays.
Management should be obligated to make
leave available to employees when it falls due. This also includes RDO's.
It is the union position that all Category
2 employees should receive the additional 2.5% annual leave loading. This is
appropriate since they are available to perform rostered work.
In addition, there are pockets of employees
who are consistently work to a roster, for example five nights, but do not work
weekends. These employees are still
rostered workers and should also be entitled the additional weeks annual leave
accrued for shift workers who work weekends.
It is the union position that Picnic Day
continue to operate. However, there needs
to be better regulation in relation to employees who do not buy a Picnic Day
ticket and derive the benefit of the day.
Employees that are required to work on
Picnic Day should have the flexibility of banking Picnic Day and taking a day
at another time during the year.
The union believes management should
provide opportunities to staff that wish to establish Picnic Day Committees for
particular sections or regions of the organization.
It is the union position that the current
Personal/Carer's Leave needs to be revised in accordance with recent New South
Wales changes.
s.27.1 Sick leave should be paid out
on exit including upon:
·
early retirement;
·
retirement;
·
redundancy;
·
death in service;
·
medical retirement;
·
resignation; and
·
cessation of employment for any other
reason.
Additional Issues:
There should be
an additional 25% sick leave for shift workers in line with the principle
applying to annual leave entitlements.
Shift workers engage in irregular patterns of work, including nighttime
work, which are more likely to reduce resistance to illness.
Leave currently accrues on the basis of 8-hour days, most shifts are
longer so they accrue sick leave at a lower per hour rate than a regular
weekday worker.
It is the union
position that the Absence Management Policy needs to be re-negotiate as it is
inconsistent with the current sick leave provisions.
The current
Agreement states that employees can have up to 6 sick days without a
certificate. Yet, the absence
management clause means that where employees have:
"greater than
three (3) absences in a six month period the employee will be contacted by a
supervisor for a formal discussion regarding the employee's attendance pattern".
This is
inconsistent and as a result, its application across the organisation is often
unfairly and punitively administered. A
new Absence Management Guidelines need to be developed in this Agreement and
then overseen by the Consultative Arrangements also incorporated into the
Agreement.
The philosophy
underlining absence management guidelines should be designed to aid the
employees welfare and not simply as a punitive disciplinary tool.
Employees with greater than 12 months experience
acting in a position, are to be directly appointed to rate of pay of the graded
position. This should include broken
periods of acting in a higher period
The union position in relation to acting in
higher grades is:
1. All acting positions must
be advertised internally in the first
instance before external advertising if over the 5% pay margin;
2. All position description should fully describe the condition of that
position. Currently position
descriptions do not properly reflect the responsibilities and conditions
associated with them;
3. Employees filling higher grades are appointed to the higher rate of
pay associated with that position upon starting.
In addition, our position is for:
·
guidelines to be applied consistently;
·
employees to receive higher payment
while performing any of the functions associated with a higher graded position
over shorter periods, including during peak work periods;
·
no position for temporary (excluding
contract) employees to go beyond 6 months without the offer of a full-time position;
- positions should be advertised at the same level at which they
were offered internally. If a
higher level is required to attract applications of sufficient quality,
then these positions should be offered at that level internally first;
- the acting grade incumbent will be paid superannuation and
holiday loading based on the acting grade; and
·
previous periods of acting in higher grade should be recognised and be
reflected in the rate of pay at the time of appointment.
The union position is that expense payments
for accommodation received by employees be brought into line with the Premier's
Department rates as set out in Circular
No. 2000-60: Review of Meal, Traveling and Related Allowance (See Appendix
C). A no disadvantage test is to apply
so any current expense rates greater than those outlines in Circular No. 2000-06 are not reduced.
There is a discrepancy in entitlements to meal expenses and
overnight expenses between wage and salary staff. The union position is that this discrepancy is addressed by
bringing the wage employees standards up to the level enjoyed by salaried
employees.
Where employees are involved in a night
transfer of equipment they will often require a bed prior to commencing the job
and upon completion of the job or require a room across the change over period
within a hotel. RIC must provide
expense payments to cover the cost of paying for two "nights" accommodation
should the shift fall in this way.
As provided in the Premier's Memorandum
(Appendix C).
s.30.1: Work Not Permitting Employees to
Return To Their Home Depot and/or Residence Daily.
The allowance
paid for work not permitting employees to return to their home depot and/or
residence daily should be expanded to include all employees covered by this
Enterprise Agreement. This includes
having the additional 50% for working outside the state paid to all employees
covered by this Enterprise Agreement.
s.30.2.1: Within the current Enterprise
Agreement, employees working to a non-shiftwork roster receive expense payments
for the first four weeks, whilst at the same place, or for the first 5 weeks if
working to a shift roster, at the same place.
Thereafter, the expense payments are reduced. It is the union position that this reduction in the payment rate
of expenses be removed and for the rate to remain constant over the period of
time.
For this Agreement, the arrangements for
clothing be implemented as per the RIC Policy.
This provides employees working Monday - Friday with 5 sets of uniforms
and two pairs of boots while employees working eight on / six off should get 8
sets of uniforms and two pairs of boots.
Thus, the arrangements of the current trial should be expanded and
formalised in this Agreement.
Work clothing options should be extended to
all office staff.
The quality and acceptability of all work
clothing is to be determined by OH&S Committees (or equivalent).
Existing Allowances
s.32.2: Climatic
Zone Allowance
s. 32.2.1: The union position is that for
employees stationed permanently on the following lines:
·
West of Euabalong West to Broken Hill.
·
West and northwest of Nevertire to
Cobar, Bourke and Brewarrina.
·
North and northwest of Narrabri to
Mungindi, Boggabilla and Wubbera.
Their Climatic
Zone allowance shall be increased from $9.45 at $14.18 per week.
s. 32.2.3: The allowance for employees
whose home depot is Broken Hill shall be increased from $6.50 to $9.75 per
week.
On Call Payments [s. 32.3.1 - 32.3.2]
s.32.3.1: All call outs to be paid at
200% from the time of first call out.
The call-out payment should be based on a minimum 4-hour payment.
Call outs on
public holidays should be calculated at public holiday pay rates.
s. 32.3.2: It is the position of the
union that employees attending calls, subsequent to the initial call, receive
an on-call allowance for each of the subsequent calls they attend.
The on-call
allowance should be increased from $15.00 to $32.00.
In addition,
employees called out as a result of the original "call-out" should also receive
the on-call payment.
On-call
allowance, in the form of a "Disturbance Allowance" shall be paid to employees
who are required to provide advice when responding to telephone calls after
hours.
32.4 Lifts and Escalators Allowance
s.32.4.2: It is the union position that
the lifts and escalator allowance should be increased from $96.90 to $110 per
week.
32.5 First Aid Allowance
Presently, the First Aid allowance is being
paid at a ratio of 1:25 workers. When
the work group drops below this ratio the allowance is not being paid.
The union position is there should be no
stipulation on the First Aid allowance based on worker numbers. The allowance should be based on recognition
of holding the appropriate first aid qualification and being designated to
attend first-aid requirements on a shift, as stated in the current Enterprise
Agreement.
It is the union position that the First Aid
allowance be paid at a rate of $2.50 per day for employees who have completed a
first aid course with an appropriate Registered Training Organisation.
The following clause would be appropriate
for the new Enterprise Agreement:
An
employee holding appropriate first-aid qualifications shall be paid an
allowance of $2.50 per day for each day the officer is designated to attend
first-aid requirements on a shift, regardless of the number of employees in
each work gang/group.
32.6 Dirty Work
The union position is that the Dirty Work
allowance be increased from $0.61 to $1.50 per hour.
32.7 Tunnel Allowance
The union position is that the Tunnel
Allowance be increased from $0.35 to $1.00 an hour
32.8 Filled Cable
It is the union position that allowance
paid to employees engaged in or directly supervising the laying, terminating,
maintenance or removal of Jelly Filled Cable shall be increased from $12.80 to
$14.70 per week.
The allowance paid to employees engaged in
or directly supervising jointing work of Jelly Filled Cable be increased from
$15.40 to $15.57 per week.
Austel Allowance
There is a need for an allowance for
workers undertaking cabling to bring them into line with a similar allowance in
the construction industry. The union
position is for the Austel Allowance to be at $30.00 per year to cover the cost
of the license.
32.9 Disability Allowance
Currently only Perway and Signalling Award
employees are receiving this payment.
The union position is that the allowance should be paid to all workers
in the field. The allowance should be
paid for in the field for 4 or more hours a week. The allowance should be increased from $9.45 to $10.86 per week.
32.10 Tool Allowance
It is the union position that the tool
allowance be increased from $17.30 to $20.76 per week.
32.11 Respirators
It is the union position that the
respirator allowance be increased from $1.64 to $1.88 per week.
32.12 Confined Spaces
The union position is that this confined
spaces allowance should be raised from $0.45 to $10.00 per day.
See also discussion regarding Higher Grade
Clause (s.29)
The union position is that employees should
be directly appointment to the rate of pay after a 12-month period.
In addition, the unions would like a
separate employment and appointment appeals mechanism and included in this
Agreement. At a minimum, it should be
the equivalent of Transport Appeals Board.
The Trade Union Training Leave clause for
this Agreement should be the same as that proposed for the new FreightCorp
Agreement.
Within this clause, RIC must recognise the
rights of delegates to have time off to attend conferences as per agreed
provisions with other NSW rail entities.
The following section should be included in
this Agreement:
Union Right of Entry Clause
It is the union
position that the following section in relation to the right of entry of unions
to RIC workplaces be included in the Enterprise Agreement.
1. Right of Entry Clause
1.1
The State Secretary (or their
representative) of any Union party to this Agreement shall have the right to
enter any place or any premises where employees of RIC are located, to:
a)
interview an employee(s) with respect
to Union membership issues;
b) investigate any breaches of this agreement or other applicable Act;
c) inspect time and wages records;
d) examine work or infrastructure as it relates to occupational health
and safety issues;
e) discuss issues with management, including industrial issues or
employee grievances.
1.2
Provided that the Union official:
a) provides advance notice to the workplace Manager, except when
investigating matters relating to health and safety (providing that the
relevant notification requirements under occupational, health and safety
legislation are complied with);
b) is addressing employees who are members or eligible to become
members of that union.
c) shall not interfere with the work being performed by any employee
during working time - unless authorised by consultation with the workplace
Manager
d) Hold discussions with an employee(s) during their meal or other
breaks;
e) present themselves to a site Manager prior to pursuing their union
duties on site;
f)
comply with any standard safety
requirement(s) applying on site, including any Department of transport
regulations and any safety requirements of RIC; and
g) shall exercise every care to preserve the confidentiality of all
work, books or documents inspected during entry under this clause;
h) subject to the above shall act in accordance with relevant
legislative provisions
1.3
RIC recognizes that there are
occasions on which it may be necessary for union officials to attend its
workplaces at short notice and to hold discussions with employees during
working time. RIC is prepared to consider any requests from union officials in
this regard.
1.4
A safety accredited RIC person will at
all times accompany union officials where they need to enter into operational
areas where there may be a risk to their safety. Such persons primary role
be to ensure the safety of people within the operation area and as such
will not take part in discussions between the official and their member unless
requested by them to do so. Such
invited discussions to only occur when there is no compromise to safety whilst
within the operational area.
1.5 Where necessary union
officials may undergo a site induction.
As with any non-safety accredited person Officials are required to comply
with all safety requirements and directions on site.
2. Workplace Delegate's Rights
2.1
RIC shall recognize workplace
delegates authorized by the relevant Union, and undertakes to permit such
delegates to perform their role without any unlawful discrimination in their
employment.
2.2
RIC acknowledges that union delegates
represent and speak on behalf of union members in the workplace.
2.3
RIC will allow union delegates
reasonable time during working hours to:
a) consult with union members and with officials of the delegates'
union;
b) represent the interests of members to the employer and before
industrial tribunals - as necessary and in consultation with the employee's
manager
c) participate in the affairs of the union.
However:
i.
RIC shall not be required to pay a
delegate for time spent attending to union business outside the time in which
they are rostered to work (except with respect to special union leave or trade
union training leave) unless authorized by the appropriate manager.
ii the
delegate/union must give reasonable notice to his or her manager;
iii unless
not otherwise possible a delegate should not interrupt employees who are
undertaking their work duties.
2.4 RIC will allow union
delegates to provide union membership application forms to all new employees
upon commencement. RIC will not discourage employees from joining a relevant
union should they decide to do so, nor will it hinder delegates in providing
union information or forms.
2.5 In accordance with
the need of a delegate at a particular time RIC will allow reasonable access to
a telephone, facsimile, post, photocopying and email facilities for the purpose
of carrying out work as a delegate and consulting with workplace colleagues and
the union in accordance with this provision.
It shall be noted that such access shall remain within reasonable
limits.
2.6 Unless expressly
authorized by the senior manager at a workplace, RIC will not be providing
large scale photocopying, faxing, postal or email broadcasting facilities.
2.7
RIC provides the above facilities (including
the access by a delegate to members or potential members) on the basis that
they are reasonable and do not unduly interfere with the delegate's primary
duties as an employee of RIC - unless such interruption is authorised by
management on site.
It is the union position that the policies
and practices associated with the current dispute settling procedure be review
prior to finalising this Agreement.
Specific issues that need to be addressed include the exclusion of weekends/public
holidays from within the 72-hour period to be removed.
It is the union position that increasing
the number of rostered days an employee can bank to ten (10) will assist in
maintaining the increased flexibility and productivity sought in the previous
agreement. Banking of RDO's should be
available to all RIC staff.
The union position is that all travel time
outside rostered hours be paid at 150% [c.f. s.42].
The following clause should be inserted:
When employees are working
at a temporary location, to and from which they are unable to travel on a daily
basis, the travelling time will be paid at 150% and this entitlement will apply
for travelling time, on the first outward, last return and intervening journeys
Currently not all employees have been
advised of their home depot location.
This must be done before completion of this Enterprise Agreement.
All public holidays are currently
cashed out at 250%. The union position is where an employee works on public
holiday they should have the option of accruing that entitlement.
The union position in relation to Public
Holidays is that employees should be able to nominated the cultural and/or religious
days they would like to take. Thus
employees of a certain faith may not wish to take the days that fall over
Christian Easter as their public holidays.
They should have the option and flexibility to elect days that are more
relevant to their cultural or religious beliefs.
The number of days remain the same,
however, this option provides a culturally sensitive approach and recognition
of the changing diversity within RIC employees.
This clause is to be included in the new Agreement.
It is the union position that the following
cluse be inserted into the Agreement:
Agreement
on the Use of Casual Temporary and Contract Labour (Supplementary Labour)
The parties
abiding to this Agreement recognise that the intent of the Agreement is to
allow the management of the business units within Workshops and Supply to have
the flexibility to use Casual, Temporary and Contract labour as required to
benefit the business and/or satisfy its customers requirements.
The following
conditions will be used to guide the process.
1. Casual, Temporary and Contract labour shall be utilised to support
the business's permanent workforce to cover short-term peak workloads, known
duration of specific projects, and staff absences, as required.
2. The parties confirm their commitment to permanent employment, and
Casual, Temporary and Contract labour will not be used to replace permanent
positions.
3. Justification for the use of Casual, Temporary and Contract labour
will be based on the needs of the Business and the Customer's requirements.
4. Casual, Temporary and Contract labour will be arranged as follows:
(a) Immediate coverage (for periods up to one week, 24-48 hours
unplanned).
Management to consult with the relevant Union delegates and agree on the
engagement work involved and timeframe prior to employing Casual, Temporary and
Contract labour. Agreement to be
reached within one (1) working day maximum and shall not be withheld without
reasonable justification.
(b) Specific project and Fixed Term (for periods longer than one week). Management to consult with
relevant union delegate/s and agree on engagement work involved and time frame
prior to employing Casual, Temporary and Contract labour. Agreement to be reached within two (2)
working days maximum and shall not be withheld without reasonable
justification. In the event that
consultation does not lead to agreement to the use of Casual, Temporary and
Contract labour, then the dispute settlement procedure will be used to resolve
the impasse.
5. Casual employees and Contract Labour Hire companies will provide
clothing, safety, footwear, and normal safety apparel, (excluding consumables)
unless otherwise indicated in consultation with the relevant union delegate/s.
6. Casual, Temporary and Contract labour will utilise the same
facilities, etc, as permanent staff.
7. It is agreed that RIC will inform Casual, Temporary and Contract
labour of its policy to encourage appropriate union membership and that
generally RIC employees are union members.
8. Casual, Temporary and Contract labour will be paid no less than the
equivalent workshop employees plus appropriate loadings as per the Award.
9. Workshop and Supply employees will be given first preference over
Casual, Temporary and Contract labour for any overtime required to be worked
where skills and job knowledge are equivalent.
10. A
Casual employee shall not be engaged for periods greater than three calendar
months, unless otherwise agreed in consultation with the relevant union
delegate/s. If the employee continues
in employment beyond the three months (or the agreed period), the employee will
be engaged on a permanent basis.
11. Contract
labour will be covered by a certified agreement or equivalent, to which the
appropriate unions are a party.
12. Casual,
Temporary and Contract labour will abide by all site safety policies,
requirements and OH&S guidelines.
As well as undertake a RIC Safety Induction program.
Presently, employees are paid an allowance
for travel time in excess of one hour to reach, or return from the
worksite. The union position is that
workers, starting on the job, should be paid for their travel time, which is
calculated from commencement of travel at nearest residential station to the
worksite
Employees currently receive an allowance
for starting and finishing at a worksite.
Not all workers are always starting and finishing at the same worksite
thus they are not receiving the allowance.
The union position is that the wording of this clause should be changed
to: "Employees
who are required to start or finish at the worksite..."
The union position is that all travel time
outside rostered hours be paid at 150% [c.f. s.37].
The union position is that the travel
allowance should remain and be paid at $22.00 per day, which would bring it
into line with the general construction industry. The travel allowance should then be increased at $1.00 per annum
thereafter (auto-adjustment clause).
Shift Penalty Payments
·
Currently there are no penalties paid
for shifts starting between 12.00am and 6.00am. The penalties should apply to all shifts for which a portion is
worked outside the standard span of hours from 6.00am to 6.00pm.
·
Penalty for work between 6.00pm on
Saturday evening and 6.00am Sunday morning should receive be paid at Sunday
rates (200%) since it is a disruptive to family life and proper enjoyment of
weekend leisure time.
·
Penalty for work on the Friday night,
between the hours of 6.00pm and 12.00am should attract a higher penalty rate
because it is effectively part of the weekend for most people - there needs to
be a premium for work required at this time. The union claim is for a 150%
loading.
·
Where a portion of a shift attracts a
penalty, such a penalty should apply for all hours worked during that shift. If
two penalties apply then the worker should receive the higher of the two.
·
Currently employees graded SO2 and
above are not entitled to any shift allowances. Such employees should receive
all the allowances associated with shift work if they are to be rostered
workers.
·
Remove the Overtime cap for all
employees in senior officer grades. Overtime should be paid at the employee's
actual rate.
Contravention of Notice of Shift Rosters
It is the union position that a penalty
rate of 15% will apply when RIC Managers and Supervisors contravene the 5-week
notice of shift rosters. The 15%
penalty rate will apply to the duration of the changed shift/s.
SHIFT WORKER STATUS
There is
confusion regarding the definition of a shift-worker. In the EBA a shift-worker
is defined as a person whose ordinary hours of work are regularly rostered to
incorporate weekend (i.e. Saturday and Sunday) working. The problem with this
is that there is definition of "regular".
A persons shift-worker status is relevant
for the purposes of calculating annual leave, annual leave loading and SASS
loadings. The position of the unions with respect to these areas is as follows:
Break's Between Shifts
Review the
minimum length of time between shifts.
Need to consider
this issue in the light of fatigue management and Safeworking requirements.
SASS Loadings
Currently the SASS Guidelines require that
an employee works at least 105 shifts, per calendar year, attracting shift or
weekend penalties before receiving any benefit towards their superannuation.
This situation means that an employee who works regular weekends throughout the
year would not qualify for any additional benefit.
To overcome this problem the unions
propose:
employees of RIC who work a
pattern which at least 20% of their shifts (in any calendar year) attract shift
or weekend penalties shall be classified as shift-workers and shall receive an
additional shift allowance of 1% of their base pay, on top of other
entitlements, for every occasion worked during that year.
It is the union position that all Category
2 employees should receive the additional 2.5% annual leave loading. This is
appropriate since they are available to perform rostered work.
In the interests of safety and ensuring an
appropriate quality of work, it is the union position that all staff (Casual or
Otherwise) should be certified as competent and hold the appropriate
qualifications if and when undertaking work applicable to that area.
Clause 44 cuts across this principle and is
therefore no longer appropriate given the new focus and direction of the
organisation.
·
Should be documented
·
Redundant Staff - evidence of
activation of unattached employee list.
Union/management consultation and agreement.
·
Parental Leave (4 weeks)
·
The Labor Council and combined unions
reserve the right to put further matters on the table during the course of the
negotiations and as additional issues emerge.
It is the union position that all staff
should be paid fortnightly.
RIC shall adhere to the principles of the
Government Issues paper entitled "Change Management Steering Committee -
Restructure of Rail Agencies under the Transport Administration Amendment (Rail
Management) Act 2000" with respect to the use of external contractors (Appendix
D).
In particular contestability and
outsourcing should not be used to drive cost efficiencies through the business.
The preferred alternatives to Contestability and Outsourcing are Benchmarking
and Continuous Improvement. These are the means by which the business can
become more efficient are more effective.
The New South Wales Government Service
Competition Guidelines (1997) should be used as the basis of an agreed method
for determining the delivery of services and a safe rail system.
In addition, when contracts are to be let [c.f.
ALP State Conference 2000 Resolution on Competitive Tendering]:
·
Contractors or tenderers that receive
a cost advantage by undermining established wages and condition shall be
excluded.
·
An appropriate loading should be added
to any bid which has a cost advantage as a result of mandated public sector
conditions.
Attached in Appendix E is a proposed
Outsourcing Clause.
Kilometre Payment For Driving Own Vehicle
The current
kilometre reimbursement rate does not adequately cover their vehicle
costs. The union position is for the
payment to be increased to 76.5 cents per km plus 10% including CPI.
Private Transport Allowance
It is the union position that a per-day
allowance of $7.00 be paid to employees who are required to catch private buses
/ ferries to and from a rail station in order to commence/finish at worksites.
Jackhammer
There are numerous workers, though
predominately in the city underground, who are using jackhammers for extended
periods. There is a need for an
allowance to bring these workers into line with a similar allowance in the
construction industry. The union
position is for this allowance to be $1 per hour
Dust Disability
The current rate for dust disability
allowance is $0.50 an hour. The union
position is that this needs to be increased $1.50 an hour.
Protection Officers (Level 1 to 6)
The unions believe there is a need to
consider the new Safeworking requirements and the increasing responsibilities
attached to the Protection Officer levels.
There needs to be an assessment and review
of the six (6) different levels of Protection Officers in relation to the scope
of work of work covered by the new rungs and their actual level of
responsibility. Protection officer's
remuneration should be increased on the basis of this review.
It is the union position that a PW33 who is
qualified and utilising that qualification for that shift, be paid the 2E rate
for that shift. Furthermore, Traffic
Officers who are not receiving the PW31 allowance should be paid the
allowance.
In addition, the union position is for the
current annual payment for PW31 which is translated into classification rate of
pay, be increased to $2,000 p.a.
RTA Traffic Controller
There is a need to review and reclassify
the RTA Traffic Controller positions in light of the current skills and
responsibilities of the positions.
The RTA Traffic Controller positions
receive their certification from the RTA.
The union position is that these positions should receive an appropriate
allowance for this Safeworking skill.
Pole Examination
Pole examiners are required to gain
certificate to undertake this work but they are not receiving an allowance for
this skill. The union position is for
workers with a certificate to examine poles should receive an allowance when
utilising this skill.
Skid Steer
Skid steer loaders are required to gain a
Class 18 Workcover certificate in order to undertake this work safely. The union position is for workers with a
Class 18 Workcover certificate should receive an allowance of for utilising
this Safeworking skill.
Inclement Weather Provision
It is the union position that an inclement
weather provision should be negotiated and inserted into this Enterprise
Agreement.
Explosive Power Tools
It is the union position that employees
using explosive power tools be paid an allowance of $1.50 per day.
Consolidation of Meal Allowance
Provisions
It is the union position that there needs
to be a consolidation of the meal allowances paid to employees upon completion
of 2 or more hours work in addition to the completion of their ordinary hours.
Currently RIC is bringing in contractors to
avoid the use of overtime. The union position is that full-time staff should
have the first option to do the work, if they have the necessary skills.
Overtime
restriction should be increased from the current 38hours/month to 50
hours/month bringing it into line with other NSW rail entities.
It is the union position that the NSW
Premier's undertaking that there would be no forced redundancies in the NSW
public sector (including rail) and this should be written into the Agreement.
The union
position in relation to redundancy payments is that employees receive 4 weeks
for every year of service, uncapped.
The union position is that the following Bargaining
Agents Fee clause be inserted into the Agreement:
The company
shall advise all current and existing employees that a "Bargaining Agents" fee
of $500 per annum is payable to the appropriate union on or prior to 30th
June. The company shall further advise all current and existing employees that
the first payment shall be paid to the appropriate union within one month of
certification of the agreement on a pro-rata basis up to 30th June.
Thereafter the bargaining agents fee shall then be paid annually, and in
advance, on 30th June.
The company
shall also advise all new employees prior to commencing work for the company
that a "Bargaining Agents" fee of $500 per annum is payable to the appropriate
union on or prior to the 30th June each year. The company will
insist on all new employees signing an authority to deduct the "Bargaining
agents" fee from their wages before commencement of employment.
The employer
shall advise the employee that the first payment shall be payable, pro-rata,
from the time of commencing until 30th June. Thereafter, the
bargaining agents fee shall then be paid annually, and in advance, on 30th
June.
The relevant
employee to which this clause shall apply shall pay the 'Bargaining Agents Fee'
to the appropriate union on a pro-rata basis for any time which the employee is
employed by the company. By arrangement with the appropriate union this can be
done in two instalments throughout the year. If an employee can demonstrate to
the appropriate union that the company no longer employs them then they are
entitled to apply to have such fees reimbursed on a pro-rata basis.
Rationale:
·
Recognition that long-term employees
provide a more stable, educated, committed return on "funds invested"
·
Recognises long service for those who
have put in very long service (a diminishing group who should be recognised
·
Costs already factored into total
employment costs
- Make
PRIPTS a "trial scheme" over the life of the "new" EBA and "next" EBA with
agreement to assess impact over the life of this and next EBA
|
40+ YEARS SERVICE X.80%
|
|
35+ YEARS SERVICE X.75%
|
|
30+ YEARS SERVICE X.70%
|
|
25+ YEARS SERVICE X.65%
|
|
20+ YEARS SERVICE X.60%
|
(Where X=value of unused sick leave)
Currently, there is an issue in relation to
employees not being paid out their access hour as required. The union position is for an audit of people
with excess hours to be completed.
Excess hours to be paid out as currently agreed and for time bank to
cease operation.
Transmission of Business clause to be
submitted during negotiations.
It is the union position that RIC should
acknowledge the loyal service of staff within the organisation. It would be
appropriate to present a gold travel pass to staff that complete 20 years
service within the organisation.
Extract from:
Engineering for Rail
Sector Growth a Report on Engineering Rail Skills Shortages in Australia
Author: Athol Yates (IEAust:1999)
Australia is currently experiencing a
shortage of railway engineers in several specialisations. The shortages are
growing and unless addressed, completion dates and the profitability of future
Australian rail projects will be affected.
The reasons why the shortage will become
more pronounced include:
·
the aging of the workforce,
·
the reduction in new graduate
employment,
·
a lack of opportunities for railway
engineers to gain the necessary skills required to work with the new, rapidly
changing rail technology, and
·
the continual overseas demand for
Australian railway engineers due to a world-wide shortage and the large number
of rail construction projects in Asia continuing despite the financial crisis.
Quantitative and qualitative evidence,
which illustrates the current and future shortage of railway engineers, are
grouped into the three headings below.
The Views Of Rail Organisations
Many organisations believe that a shortage
already exists and will worsen in the future. Surveys of rail organisations
concluded that:
·
34% of organisations are currently
experiencing difficulty in recruiting professional engineering staff,
·
47% of organisations consider that
there will be shortage within 5 years,
·
52% of organisations consider that
there will be a shortage in between 5 and 10 years, and
·
19% of organisations are currently
considering sponsoring foreign engineers to work in Australia as a means of
overcoming skills shortages.
The Structure Of The Workforce And Employee Intentions
Workforce structure and employee intentions
indicate that the number of rail engineers leaving the sector will be greater
than the number joining it in the short and medium terms. Surveys of railway
engineers concluded that:
·
the median age of railway engineers is
increasing three times faster than that of the rest of the workforce,
·
62% of railway engineers expect to
leave the rail industry within 10 years, and
·
the number of graduates entering the
rail sector is declining.
The Restructuring Of The Rail Sector
The restructuring of the rail sector
indicates that there are structural impediments which limit private sector rail
organisations from either completely re-employing displaced public sector
engineers or hiring in-experienced graduate engineers. Research supporting this
includes that:
·
36% of rail engineers who leave the public
sector are not re-employed by the private sector,
·
market instability is resulting in
rail organisations taking a conservative position on staff hiring and training,
resulting in reduced numbers of new entrants to the rail sector, and
·
as many rail consultancies are limited
in their ability to take on recently graduated staff, these organisations
(which are becoming more common in the rail sector) are unable to generate new
skilled rail engineers.
The most acute shortages of railway
engineering specialisations are in signalling and communications, rolling
stock, and track and structures. Localised shortages are occurring in the areas
of train control, data handling and on-board electronics, noise and vibration,
overhead line design, and rail logistics.
The size and impact of the shortage of
engineers is dependant on the rate of increase of rail engineering work in
Australia. The occupational demand model developed in this report indicates
that an increase of 34% over one year will cause only localised shortages, as
rail organisations will be able to redeploy existing staff and attract former
rail engineers back to the rail sector to deal with the additional work.
However an increase greater than 34% over one year or continual high growth
will result in significant and widespread shortages of experienced rail
engineers.
Despite the shortage being recognised by
rail sector organisations, very few are taking substantial action to address
it. This is surprising as organisations can undertake several initiatives which
are effective in both reducing specialist staff turnover and attracting
experienced rail engineering staff. A labour supply model for rail engineers
identifies the most effective actions including:
·
reducing the number of engineers who
move into another industry sector,
·
reducing the number of engineers who
move into non-engineering management in the rail sector,
·
attracting former rail engineers who
now work in another sector,
·
redeploying experienced rail engineers
who are working in rail sector organisations on non-rail projects, and
retaining engineers who would otherwise take early retirement.
However, these actions do not address the
underlying reasons for shortages. The most effective actions to ensure the
availability of a pool of skilled engineers in the long-term are:
·
increasing the number of graduates in
the rail sector,
·
increasing the number of experienced
engineers employed from other sectors in the rail sector, and
·
increasing the number of railway
engineering technologists who upgrade their qualifications and skills to that
of railway engineers each year.
As all rail organisations will benefit from
having access to a sufficient pool of skilled engineers in the long-term, all
organisations in the sector should bear the cost of any strategies to eliminate
the shortage. Otherwise some organisations will be at a competitive advantage
as they will not bear training and development costs, yet will have access to a
pool of skilled engineers. Therefore a rail sector-wide strategy is required.
All players must be involved in the development of the strategy, including
industry, government, professional associations and education providers. In
addition, as engineers gain personally from improving their skills level,
individuals should contribute to the cost of their training.
Recommendations
The three principal recommendations from
this report are:
Recommendation 1
It is recommended that individual rail
engineers consider the future skills needs of the Australian rail sector and
gain the necessary skills required to work with the new, rapidly changing rail
technology.
Recommendation 2
It is recommended that each rail
organisation examines the implications of the skills shortages and introduces
initiatives to mitigate them.
Recommendation 3
It is recommended that a rail sector-wide
strategy be developed to eliminate future skills shortages. The strategy should
be developed by representatives from industry, government, professional
associations and education providers.
(i)
Any consideration to outsource or renew any contract
for any of the work activities must be resolved in accordance with this clause.
(ii)
Where RIC is considering out sourcing any of its
work activities or renewing any of its current contracts, the employees and
their union/s will be notified and be provided with twenty-eight days to
respond with suitable alternatives.
(iii)
Further, notification will also be given of any
outsourcing or renewal of any contract to the Consultative Committee. If the
Consultative Committee is not meeting in the next month the Company will call a
special Committee meeting to discuss the outsourcing or renewal any outsourced
contract.
(iv)
RIC may in the interim seek to get tenders for the
project, copies of all tenders will be provided to the Union/s and tabled at
the Consultative Committee meeting.
(v)
The tenders invited must include all details of the
rates of pay applicable to the classifications engaged by the contractor; the
award coverage and conditions of employment of employees engaged by the
contractor; a requirement that a contractor, other than a sole trader, who
employs employees has an enterprise agreement with the union/s that are parties
to this Award and an agreement by the contractor to comply with the industry
safety standards and work practices.
(vi)
The Consultative Committee will determine whether
the work activity being considered for outsourcing or any contract being
renewed, can be carried out by current employees or whether alternative
arrangements, such as casual, part time or temporary employment are more
suitable alternative. Further consideration must also be given to whether:
(a) Insufficient
overall resources are available to meet the current RIC overall work commitment
and work timetable; or
(b) The
failure to complete the work in a reasonable time work would jeopardise the
safety of the public or impact adversely upon system performance; or
(c) The
use of outsourcing the work is the most advantageous option taking into account
quality, safety and performance.
(d) The
Consultative Committee will also investigate the possibility of Employees
regaining all work activities that have been outsourced or a new opportunity to
take on any work being considered under a renewal of contract
(vii)
The decision of the Consultative Committee will be
binding on RIC
(viii)
Where a decision to outsource is taken and as a
result an employee's position is no longer required the position holder will
not be forced to be made redundant and shall be offered redeployment,
retraining or bona fide redundancy as described in the Bona fide Redundancy
policy.
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