This Fair Work Australia consolidated award incorporates all amendments up to and including 1 October 2008 (variation PR983780).

Transcription

1 - SEALCORP Employees Award 2003 This Fair Work Australia consolidated award incorporates all amendments up to and including 1 October 2008 (variation PR983780). Clauses affected by the most recent amendment(s) are: 13. Allowances About this Award: PR is cancelled and replaced by PR Printed by authority of the Commonwealth Government Printer. Disclaimer: Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia s website ( or purchased from any office of Fair Work Australia.

2 [Pre-Reform FWA Consolidation] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.99 notification of industrial dispute Finance Sector Union of Australia and Wealthpoint Limited and Others (C2002/4331) SEALCORP EMPLOYEES AWARD 2003 Various employees Finance and Investment Services COMMISSIONER RAFFAELLI SYDNEY, 12 MAY 2003 Wages and conditions. AWARD A. Further to the decision issued by the Commission on transcript on 16 April 2003, the following award is made: Preamble

3 PART 1 - APPLICATION AND OPERATION OF AWARD 1. AWARD TITLE This award is to be known as the SEALCORP Employees Award Clause 1

4 2. ARRANGEMENT [2 amended by PR PR PR968353] Part 1 - Application and operation of award 1. Award title 2. Arrangement [PR968353] 3. Definitions [PR958073] 4. Commencement date and period of operation 5. Scope and parties bound 6. Exemptions Part 2 - Award flexibility/enterprise flexibility 7. Enterprise flexibility provisions Part 3 - Dispute settlement procedure 8. Dispute settlement procedure [PR958073] Part 4 - Employment relationships and related arrangements 9. Forms of employment [PR968353] 9.1 General 9.2 Probationary employment 9.3 Regular part-time employees 9.4 Casual employees 9.5 Changing mode of employment 9.6 Relationship to National Training Wage Award 10. Anti-discrimination 11. Supported wage system [PR968353] Part 5 - Wages and related matters 12. Wages [PR965967] 12.1 Payment of wages 12.2 Minimum salary rate 12A. Federal minimum wage [PR962373] 13. Allowances [PR983780] 13.1 Adjustment of allowances 13.2 Higher duty allowance 13.3 Salary increase on promotion 13.4 Meal allowance 13.5 Stand-by and call back allowances 13.6 Travelling expenses 13.7 Temporary duties expenses 14. Superannuation Clause 2 (p. 1 of 2) - PR983780

5 Part 6 - Hours of work, breaks, overtime, shift work and weekend work 15. Hours of work 15.1 Ordinary hours of work - day workers 15.2 Ordinary hours of work - weekends and public holidays 15.3 Rostering 15.4 Variations to the roster and the change procedure 15.5 Variation to part-time hours 15.6 Changes to hours of work leading to weekend work 15.7 Meal breaks 16. Overtime [PR958628] 16.1 Overtime 16.2 Recall to duty 17. Shift work Part 7 - Leave of absence and public holidays 18. Annual leave 19. Personal leave [PR968353] 19A. Bereavement leave [PR968353] 20. Jury service 21. Long service leave 22. Effect of unpaid leave on leave accruals [PR968353] 23. Parental leave [PR968353] 24. Public holidays 24.1 Public holidays 24.2 Public holidays - non-standard workers 24.3 Full-time employees working weekend days 24.4 Part-time employees Part 8 - Termination and redundancy 25. Termination of employment [PR958073] 25.1 Notice of termination by SEALCORP 25.2 Notice of termination by employees 25.3 Job search entitlement 25.4 Transmission of business 25.5 Redundancy Part 9 - Occupational health and safety matters 26. Workers compensation make-up pay Clause 2 (p. 2 of 2) - PR983780

6 3. DEFINITIONS 3.1 Commission means the Australian Industrial Relations Commission. 3.2 Employee means a full-time, part-time or casual employee whose conditions of employment are regulated by this award. 3.3 FSU means the Finance Sector Union of Australia (ABN ). 3.4 Ordinary hours means the ordinary hours of work as prescribed in 15.1 and Ordinary rostered hours means the ordinary rostered hours of an employee. 3.6 Ordinary time earnings means the wages for working ordinary hours including loadings for ordinary hours and public holidays. It does not include: bonuses; commissions; overtime payments; payments pursuant to a profit participation scheme or any other incentive payment; any allowance; loadings for work outside ordinary hours and shift allowances. 3.7 Salary packaging means the provision of benefits to an employee totalling a set monetary figure and exemption from award clauses as outlined in SEALCORP means SEALCORP Holdings Limited (ABN ). 3.9 TEC means the Total Employment Cost of a salary package and includes the following components: cash salary; package options (e.g. investment loans, staff share purchase plan, novated motor vehicle lease); grossed up fringe benefit tax expense; SEALCORP superannuation contributions Wages means the cash component of the remuneration paid to an employee. [3 11 inserted by PR ppc 16May05] 3.11 Calculation of service. Unless defined otherwise in this award, in calculating the length of service for persons employed under this award, service shall be deemed to be continuous notwithstanding: any interruption or termination of the employment by SEALCORP if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; Clause 3 (p. 1 of 2) - PR958073

7 Any period of leave or absence with pay approved by SEALCORP Any leave of absence without pay for periods of up to 6 months approved by SEALCORP Any absences on account of sickness not exceeding six consecutive months in duration or on account of annual leave any period of leave or absence authorised by SEALCORP or this Award Any period for which an employee (already in SEALCORP s service when he or she was called up or enlisted) has been engaged upon war service or any service with the Armed Forces. Provided that employees do not accrue entitlements such as annual, personal or long service leave while on unpaid leave or other unpaid absence and the employee s period of such unpaid leave or other unpaid absence does not count, for any purpose, as part of their total service with SEALCORP. Clause 3 (p. 2 of 2) - PR958073

8 4. COMMENCEMENT DATE AND PERIOD OF OPERATION This award will operate from 16 April 2003 and will remain in force for a period of 12 months. Clause 4

9 5. SCOPE AND PARTIES BOUND 5.1 This award is binding on: SEALCORP Holdings Limited (ABN ); the Finance Sector Union of Australia (ABN ); and all SEALCORP employees (whether or not members of the FSU) earning up to and including $68300 per annum Total Employment Cost. 5.2 This award supersedes and replaces the St. George Employees Interim (Roping-in No. 1) Award 2003 [PR [AW817022]]. Clause 5

10 6. EXEMPTIONS 6.1 The terms of this award will not apply to any employee in receipt of a salary package in excess of $68300 TEC per annum. 6.2 Any person employed by SEALCORP whose salary exceeds $42214 per annum may be offered a salary package of not less than $42800 TEC and, if such package is accepted, shall be excluded from the following provisions of this award as the packaged salary shall be deemed to compensate for such provisions: Severance loan concessions Temporary duties expenses Stand-by and call back Travelling expenses Corporate wardrobe Flexible bank holiday Hours of work Meal breaks and allowance Annual leave loading Probation Shift work Recall to duty Higher duties Superannuation Overtime Wages Where an employee accepts a change from being non-packaged to a salary package, the package will include such value for those provisions that the packaged salary paid over a year would be sufficient to cover what the employee would have been entitled to if all the provisions exempted had actually applied Any person who is offered a salary package of up to $68300 and is not already packaged will be given the option of accepting such a package without risk to the position/promotion offered. 6.3 Where an employee, other than a Customer Service Manager, earns more than $42214 per annum and is not packaged, such employee will be exempt from the provisions of the award as set out in 6.4. Provided however, that where such employee is required to work on a weekend and is not in a sales oriented position (as defined in 6.5 below),they will receive the appropriate weekend loadings for all time so worked. 6.4 Any person employed by SEALCORP in a sales oriented position who is not packaged shall be excluded from the following provisions in this award: Hours of work Overtime Shift work Recall to duty Weekend work Meal allowance Stand-by/call back Meal breaks 6.5 Sales oriented positions shall include Personal Banker (Retail Bank), Business Development Manager and Lending Manager and such other positions which may be agreed between the FSU and SEALCORP from time to time. Clause 6

11 PART 2 - AWARD FLEXIBILITY/ENTERPRISE FLEXIBILITY 7. ENTERPRISE FLEXIBILITY PROVISIONS (See ss.113a and 113B of the Workplace Relations Act 1996) Where SEALCORP or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply: 7.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established. 7.2 For the purpose of the consultative process the employees may nominate the FSU or another to represent them. 7.3 Where agreement is reached an application shall be made to the Commission. Clause 7

12 PART 3 - DISPUTE SETTLEMENT PROCEDURE 8. DISPUTE SETTLEMENT PROCEDURE 8.1 Subject to the provisions of the Workplace Relations Act 1996 any dispute (including potential dispute) or claim arising under this award will be submitted to the following procedure: as soon as is practicable after the dispute or claim has arisen, the employee will take the matter up with their immediate supervisor affording them reasonable opportunity to remedy the dispute or claim; where the attempt at settlement has failed, or where the dispute or claim is of such a nature that a direct discussion between the employee and their immediate supervisor would be inappropriate, the employee will immediately take the matter up with their manager; if the matter remains unresolved in so far as either party is concerned, the Human Resources Manager will be notified and will attempt to resolve the dispute or claim; where steps to have failed to resolve the matter or, where the dispute or claim is of such a nature that a direct discussion between the employee and their Manager and/or the Human Resources Manager would be inappropriate, the employee may notify a duly authorised representative of the FSU or other employee nominated representative who, if the representative considers that there is some substance to the dispute or claim, will take the matter up directly with SEALCORP or its representative. 8.2 Notwithstanding step 8.1.4, an FSU member may contact the FSU seeking guidance at any stage of the procedure. 8.3 If the matter is not settled, it can be submitted to the Commission by either party in an endeavour to resolve the dispute by conciliation and/or arbitration. 8.4 Without prejudice to either party, all work will continue in accordance with this award while the matters in dispute are being dealt with in accordance with this clause. 8.5 Redundancy disputes [8.5 inserted by PR ppc 16May05] Sub-clauses and impose additional obligations on SEALCORP where SEALCORP contemplates termination of employment due to redundancy and a dispute arises ( a redundancy dispute ). These additional obligations do not apply to employers who employ fewer than 15 employees Where a redundancy dispute arises, and if it has not already done so, SEALCORP must provide affected employees and the FSU (if requested by an affected employee) in good time, with relevant information including: Clause 8 (p. 1 of 2) - PR958073

13 8.5.2(a) 8.5.2(b) 8.5.2(c) the reasons for any proposed redundancy; the number and categories of workers likely to be affected; and the period over which any proposed redundancies are intended to be carried out Where a redundancy dispute arises and discussions occur in accordance with this clause SEALCORP will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the employees concerned. Clause 8 (p. 2 of 2) - PR958073

14 PART 4 - EMPLOYMENT RELATIONSHIPS AND RELATED ARRANGEMENTS 9. FORMS OF EMPLOYMENT 9.1 General Employees under this award will be employed as one of the following: 9.1.1(a) 9.1.1(b) 9.1.1(c) full-time employees; regular part-time employees; or casual employees At the time of engagement, SEALCORP will inform each employee of the terms of their engagement and in particular, whether they are to be full-time, part-time or casual. 9.2 Probationary employment Subject to and 9.2.3, employees will be engaged for a three month probationary period The initial period of three months probation may be extended for a further period to address identified and communicated performance issues but the probationary period must not exceed six months in total An employee may be engaged for a probationary period of up to six months provided that such a period is reasonable having regard to the nature of the work An employee s performance will be monitored by SEALCORP during the probationary period An employee may be counselled about their performance during the probationary period If an employee s performance is unsatisfactory during or at the conclusion of the probationary period, employment may be terminated in accordance with Regular part-time employees SEALCORP may employ part-time employees in any grade in this award A part-time employee is an employee who: 9.3.2(a) 9.3.2(b) 9.3.2(c) works less than full-time hours; has regular and predictable hours of work; and receives, on a pro rata basis, equivalent pay and conditions to those of fulltime employees who do the same kind of work. Clause 9 (p. 1 of 3) - PR968353

15 9.3.3 A part-time employee may be engaged for the same number of hours as a fulltime employee when occupying that full-time position for a limited period At the time of engagement SEALCORP and the part-time employee (other than those staff engaged as permanent part-time relief) will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day Part-time employees may be eligible for salary packaging on the basis of the parttime salary equating to the equivalent full-time rate on a pro rata basis calculated on the actual number of hours worked. The appropriate exemptions for packaged employees will apply as outlined in Casual employees Casual employees are employed by the hour A casual employee is one for whom: 9.4.2(a) 9.4.2(b) the periods of engagement are irregular and uncertain; or although regular, for a fixed or limited duration only. [9.4.3 substituted by PR958628; PR ppc 31Jan06] Casual employees will be paid an hourly rate equal to the relevant annual rate divided by 37.3 plus a loading of 20%. Subject to and 9.4.5, a casual employee is not entitled to personal leave, parental leave or the provisions of clause 18 Annual leave. [9.4.4 inserted by PR ppc 26May05] An eligible casual employee will be entitled to parental leave in accordance with clause 23 of this Award Caring responsibilities [9.4.5 inserted by PR ppc 31Jan06] 9.4.5(a) Subject to the evidentiary and notice requirements in 19.6 and 19.7, casual employees are entitled to not be available to attend work, or to leave work: if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or upon the death in Australia of an immediate family or household member. Clause 9 (p. 2 of 3) - PR968353

16 9.4.5(b) 9.4.5(c) SEALCORP and the casual employee shall agree on the period for which the casual employee will be entitled to not be available to attend work. In the absence of agreement, the casual employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance. SEALCORP must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of SEALCORP to engage or not to engage a casual employee are otherwise not affected. 9.5 Changing mode of employment Changes in mode of employment between part-time, full-time and casual must be voluntary. SEALCORP will make all reasonable attempts to accommodate changes in mode to part-time status where the change in mode is required for family reasons An employee will not have their employment status changed by SEALCORP to part-time employment without the written consent of the employee If an employee s contract is varied from full to part-time or casual or vice versa, all accrued rights and benefits, whether provided by this award, legislation or individual contract, will be maintained and employment deemed continuous If a full-time or part-time employee s contract is varied to part-time or casual, any accrued annual leave which may not otherwise be available to that employee must be taken immediately before or after the variation. 9.6 Relationship to National Training Wage Award SEALCORP will comply with the terms of the National Training Wage Award 2000, [PR [AW790899CR]], as varied, as though bound by clause 4 of that award. Clause 9 (p. 3 of 3) - PR968353

17 10. ANTI-DISCRIMINATION 10.1 It is the intention of the parties to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to 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, in fulfilling their obligations under clause 8 - Dispute settlement procedure, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects Nothing in this clause is to be taken to affect: any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; an employee, or employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; the exemptions in s.170ck (3) and (4) of the Act. Clause 10

18 11. SUPPORTED WAGE SYSTEM 11.1 This clause defines the conditions which will apply to employees who because of the affects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply: Supported Wage System means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability as documented in Supported Wage System: Guidelines and Assessment Process Accredited Assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual s productive capacity within the Supported Wage System Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme Assessment Instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System Eligibility criteria Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a Disability Support Pension This clause does not apply to any existing employee who has a claim against SEALCORP which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment This clause also does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under s.10 or s.12a of the Disability Services Act, or if a part only has received recognition, that part. Clause 11 (p. 1 of 3) - PR968353

19 11.3 Supported wage rates Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule: Assessed capacity (11.4) Prescribed award rate 10%* 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% [ varied by PR950197; PR ppc 31Jan06] Provided that the minimum amount payable will be not less than $62 per week * Where a person s assessed capacity is 10%, they will receive a high degree of assistance and support Assessment of capacity For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either: SEALCORP and the FSU, in consultation with the employee, or, if desired, by any of these; SEALCORP and an accredited assessor from a panel agreed by the parties to the award and the employee Lodgment of assessment instrument All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, will be lodged by SEALCORP with the Registrar of the Australian Industrial Relations Commission. Clause 11 (p. 2 of 3) - PR968353

20 All assessment instruments will be agreed and signed by the parties to the assessment, provided that where the FSU is not a party to the assessment, it will be referred by the Registrar to the FSU by certified mail and will take effect unless an objection is notified to the Registrar within ten working days Review of assessment The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the Supported Wage System Other terms and conditions of employment Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis Workplace adjustment If SEALCORP wishes to employ a person under the provisions of this clause, they will take reasonable steps to make changes in the workplace to enhance the employee s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other workers in the area Trial period In order for an adequate assessment of the employee s capacity to be made, SEALCORP may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed During that trial period, the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined. [ varied by PR950197; PR ppc 31Jan06] The minimum amount payable to the employee during the trial period will be no less than $62 per week. Clause 11 (p. 3 of 3) - PR968353

21 PART 5 - WAGES AND RELATED MATTERS 12. WAGES 12.1 Payment of wages Wages will be paid by direct deposit into a bank account nominated by an employee and agreed to by SEALCORP on the same day each fortnight The salaries payable in accordance with may be subject to appropriate employee authorised deductions Minimum salary rate The minimum salary rate will be $30,133 per annum. [ substituted by PR PR962373; PR ppc 31Aug06] The minimum salary rate will be $31,017 per annum. [ substituted by PR950197; PR ppc 31Aug05] The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review Wages May 2004 decision [PR002004]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required. [ substituted by PR ppc 31Aug06] The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. Clause 12 - PR965967

22 12A. FEDERAL MINIMUM WAGE [12A inserted by PR ppc 31Aug05] 12A.1 The Federal Minimum Wage No employee shall be paid less than the federal minimum wage. 12A.2 Amount of Federal Minimum Wage 12A A A.2.3 The federal minimum wage for full-time adult employees not covered by subclause 12A.4 (special categories clause), is $ per week. Adults employed under the supported wage clause shall continue to be entitled to receive the wage rate determined under that clause. Provided that such employees shall not be paid less than the amount determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum wage specified in subclause 12A.2.1. Adults employed as part time or casual employees shall continue to be entitled to receive the wage rate determined under the casual and part time clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in subclause 12A.2.1 according to the number of hours worked. 12A.3 Application of Minimum Wage to Special Categories of Employee 12A.3.1 Due to the existing applicable award wage rates being greater than the relevant proportionate federal minimum wage, this clause has no application to employees undertaking a National Training Wage Traineeship. 12A.4 Application of Federal Minimum Wage to Award Rates Calculation. The federal minimum wage: 12A A A.4.3 applies to all work in ordinary hours; applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award; and is inclusive of the arbitrated safety net adjustment provided by the Safety Net Review-Wages June 2005 decision [PR002005] and all previous safety net and national wage adjustments. Clause 12A (p. 1 of 2) - PR962373

23 12A.5 Absorption The rates of pay in this award include the federal minimum wage payable under the Safety Net Review Wages June 2005 decision [PR002005]. Any increase arising from the insertion of the federal minimum wage clause may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the federal minimum wage. Clause 12A (p. 2 of 2) - PR962373

24 13. ALLOWANCES 13.1 Adjustment of allowances Allowances will be adjusted in the following manner: The following expense related allowances will be adjusted in November of each year by determining the increase in the CPI between consecutive September quarters: (a) (b) meal allowance; travelling allowance The measurement to determine CPI increases will be the All Groups Index Numbers (weighted average of eight capital cities) published by the Australian Bureau of Statistics The Stand-by/callback allowance will be adjusted in accordance with increases to minimum rates of pay as prescribed in Higher duty allowance An employee who is requested and agrees to assume responsibilities of another employee in a higher classification for more than two days will be paid for all time so worked at least at the minimum rate of pay prescribed for that higher award position. Provided, however, that where there are no suitable volunteers, SEALCORP may require an employee to assume such respon 13.3 Salary increase on promotion In recognition of the added responsibility on an employee who is promoted to a higher grade, an employee will receive a salary increase of not less than 2.5% or to the new grade minimum, whichever is the greater, provided that the increase does not take their salary above the ceiling of the new grade Meal allowance [ varied by PR PR PR PR (PR cancelled and replaced by PR ppc 04Dec07); varied by PR980253; PR ppc 04Dec08] An employee working overtime will be paid a meal allowance in the following circumstances: (a) When required to commence or continue work for more than two hours before or after the rostered hours respectively for the day - $12.27; and (b) If overtime continues for a further four hours - $ Clause 13 (p. 1 of 4) - PR983780

25 Meal allowance is not payable if SEALCORP supplies the employee with a suitable meal which is acceptable to the employee Stand-by and call back allowances [ varied by PR PR PR PR974991; PR ppc 01Oct07] An employee rostered voluntarily to hold them self in readiness to perform work, including work associated with automatic teller machines, outside ordinary rostered hours will be paid a stand-by allowance of: (a) (b) Monday to Friday inclusive: $15.00 per day; Saturdays, Sundays and public holidays: $30.35 per day An employee who is on stand-by and is recalled to work will be paid at the overtime rate prescribed in 16.1, but will receive a minimum payment equal to two hours work on each day so recalled Where an employee is recalled on a number of occasions on the same day to work on automatic teller machines, the employee will receive a minimum payment as for two hours work for the first such call. In the event that the employee is recalled again on that day, the employee is not entitled to an additional two hour minimum payment but will only be paid for actual working time. If that period of attendance is still within the two hour attendance from the first call out, the employee is not entitled to any additional payment. In the event that the actual time of attendance exceeds that initial two hours, the employee will be paid only for the actual time of attendance beyond the two hour minimum For the purpose of assessing overtime, time spent travelling from home to work and from work to home by the most direct route will be included as attendance at work Where an employee provides their own car and uses it in connection with SEALCORP s business in the above circumstances they will be paid an allowance as provided by Payment will be calculated on a home-to-home basis Where, with the prior approval of SEALCORP, the employee uses a taxi, the fares will be fully reimbursed An employee, while rostered on stand-by duty, will be reimbursed for all business telephone calls Travelling expenses When employees in the course of their duty, are required to go to any place away from their usual place of employment they will be paid all reasonable expenses actually incurred. Clause 13 (p. 2 of 4) - PR983780

26 [ varied by PR PR PR965967; PR ppc 01Dec06] An employee required under the terms of their employment to provide a motor car for SEALCORP business on a frequent or regular basis will be paid a weekly allowance as follows: Vehicle Per week $ 1500cc and under Over 1500cc [ varied by PR950197; corrected by PR955446; PR ppc 31Aug05] Where an employee is required to use their motor car on SEALCORP business on a casual or incidental basis, such employee will be paid per kilometre travelled during such use at the following rates: Vehicle Not exceeding 1600cc Exceeding 1600 but not exceeding 2600cc Exceeding 2600cc Per km 52.0 cents 62.0 cents 63.0 cents These rates will be varied by agreement between SEALCORP and the FSU to reflect the set rate per kilometre for car expenses as determined from time to time by the Australian Taxation Office If SEALCORP provides an employee with a motor car, SEALCORP will pay the whole of the cost of the upkeep, registration, insurance, maintenance and normal running cost If an employee starts or ends a shift or overtime when reasonable means of transport are unavailable, SEALCORP will transport the employee from or to the employee s home at its expense An employee who, with SEALCORP s approval, uses their own motor car for this purpose to and from home, will be paid not less than the rates set out in for each kilometre travelled Temporary duties expenses When an employee, in the course of their duty, is required to work temporarily away from their usual place of work, such employee will be entitled to the following: fares and reasonable incidental expenses incurred over and above those normally incurred by the employee going to and from the place at which SEALCORP requires the employee to work. Subject to , if public transport is not available or practical, the employee may use their own car with the prior approval of SEALCORP; Clause 13 (p. 3 of 4) - PR983780

27 all reasonable expenses actually incurred for overnight accommodation; and payment at the ordinary rate of pay for half of all time spent travelling in excess of that normally travelled between the employee s place of abode and their usual place of employment provided that the time spent in travelling is outside the employee s ordinary rostered hours. Clause 13 (p. 4 of 4) - PR983780

28 14. SUPERANNUATION Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note Choice of Superannuation Funds and Award Provisions The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 (collectively the Superannuation Legislation). This legislation as varied from time to time, governs the superannuation rights and obligations of the parties New employees after 16 April 2003 will be provided a genuine choice of superannuation funds as to where SEALCORP will make contributions on their behalf in satisfaction of the superannuation legislation Contributions will be made by SEALCORP to: the ASGARD Employee Superannuation Account (AESA) under the terms of the Staff Benefits Plan; or a complying personal or public offer superannuation fund of an employee s choice (e.g. FINSUPER) provided that contributions can be made by electronic transfer to a nominated bank account Contributions made on behalf of existing employees in satisfaction of the superannuation legislation will continue to be made to the fund in which those contributions are currently being made (this includes any superannuation scheme in succession to those funds) SEALCORP will contribute to the relevant fund, in respect of each of its employees, in compliance with the Superannuation Guarantee (Administration) Act 1992 as a minimum. Clause 14

29 PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK AND WEEKEND WORK 15. HOURS OF WORK 15.1 Ordinary hours of work - day workers Ordinary hours for full-time employees will not exceed 150 hours over a four week cycle (excluding meal breaks) SEALCORP retains the right to introduce ordinary hours not exceeding 225 hours over a six week cycle Implementation of six week rosters will not occur until SEALCORP and the FSU or other employee nominated representative have agreed on appropriate processes for education and training for managers and employees to ensure that development of the skills required to implement and manage flexible hours of work. These processes will also include mechanisms for smooth payroll implementation and a controlled, phased introduction of six week rostering Employees will work ordinary hours between 7.00am and 9.00pm Monday to Sunday except that ordinary hours may be worked between the hours of 5.30am and 7.00am where employees are required to commence work early to service Eastern States customers Employees will in the first instance be paid at ordinary rates where there is mutual agreement to work ordinary hours between 5.30am and 7.00am. Where there is no mutual agreement, an employee required to work these additional hours will be paid a 25% loading for those hours worked before 7.00am and Sealcorp will determine whether these hours are in addition to an employee s rostered hours. Where hours in the four week cycle exceed rostered hours (excluding meal breaks) overtime will apply Where SEALCORP intends to extend the hours of operation within any of its workplaces beyond 8.00 pm, it will consult with the FSU or other employee nominated representative on the impact of such proposed changes prior to commencing the new arrangements An employee may work a maximum of ten ordinary hours on any day Unless exempt under , each four week roster will include: (a) (b) (c) eight days off or more each cycle; at least one day off after six consecutive days of work; and at least two periods of two or more consecutive days off - where possible, these should be Saturday and Sunday. Clause 15 (p. 1 of 5)

30 An employee may freely and clearly agree to work a roster which varies from the parameters outlined in provided that no roster will have less than four days off in a four week cycle Should a six weekly roster be introduced, the provisions of and will be adjusted on a pro rata basis Where such agreement to work a varied roster is reached, employees may, at any time, revert to a standard roster (as per ) with the provision of four weeks notice. Such change will be processed in accordance with Where a change involves a variation to weekend work arrangements, the provisions of 15.7 will apply except where the new roster includes weekend work the employee cannot be transferred to another branch An employee rostered to work ordinary hours outside those specified in , and will receive the appropriate overtime rate as specified in 16 - Overtime Ordinary hours of work - weekends and public holidays Employees who work ordinary rostered hours on: (a) (b) (c) Saturday will receive a loading of 50% for all such time worked; Sunday or public holiday will receive a loading of 75% for all such time worked; Good Friday, Easter Sunday or Christmas Day (regardless of which weekday it may fall) will receive a loading of 150% for all such time worked Overtime penalties (as contained in 16 - Overtime) will replace the loadings detailed in where an employee is rostered to work such ordinary hours outside the daily span and number of hours specified in , and Due to the business needs of a particular location, an employee engaged by SEALCORP after 16 June 1998 may be required to work public holidays and/or weekends as part of their ordinary rostered hours Any other employee may be requested to work weekends as part of ordinary hours Any change to hours of work must be processed through 15.4, except that employees referred to in cannot be required to work ordinary hours on weekends and are therefore not subject to such requirements contained in Voluntary flexible work hours agreements (a) Employees recruited prior to the dates specified in may indicate their willingness to perform ordinary hours on public holidays or weekends by signing a Voluntary Flexible Work Hours Agreement detailing: Clause 15 (p. 2 of 5)

31 15.2.6(a)(i) (a)(ii) (a)(iii) (a)(iv) the position and workplace the employee would ordinarily be working in during these hours; that the employee understands that working such hours is voluntary; that the employee understands that they may withdraw from the agreement to work such hours with four weeks notice in writing; that, should an employee withdraw from such an agreement, the provisions outlined in (b) and (c) will apply (b) (c) An individual employee s grievance concerning the negotiation or implementation of this type of agreement will be resolved utilising the steps outlined in 8 - Dispute settlement procedure. An employee may initiate a transfer or accept a position in an area of the SEALCORP where a fundamental requirement of the position is the need to work weekends and/or public holidays. Where such an employee was recruited prior to the dates specified in , then they must complete six months in the position before giving notice of their wish to withdraw from these hours. In exceptional circumstances, SEALCORP will give consideration to a lesser notice period. The provisions outlined in 15.4 will then apply Withdrawal from a voluntary flexible work hours agreement (a) (b) (c) Withdrawal from a voluntary flexible work hours agreement will be seen as automatic if an employee accepts a position which does not involve work on a weekend or public holiday. It may be necessary for employees to work beyond the four week notice period prescribed in (a)(iii) while suitable alternative staffing and other workplace arrangements are made by SEALCORP. When this situation arises, the FSU will be notified of the extension of time required if the affected employee is a member of the FSU. It may also be necessary, due to business requirements, to transfer employees withdrawing from this type of agreement to a workplace within reasonable commuting distance. However, where a part-time employee reverts to a roster that does not include weekend and public holiday work, their total hours may be reduced by the number of hours previously worked on weekends. This means that the total number of hours worked in the new position may not include hours previously worked on weekends. SEALCORP will endeavour, however, to maintain the total number of hours if possible. Clause 15 (p. 3 of 5)

32 15.3 Rostering The roster for each full-time employee will be set using the provisions of 15.4 and the following guidelines: Managers and employees in each work location will determine hours which will satisfy the business requirements. These hours will take into consideration each employee s personal, financial and family needs The process of roster setting will occur at least two weeks in advance of the beginning of the next roster period Any employee who wishes to contest their rostered hours is able to utilise the steps outlined in 8 - Dispute settlement procedure Variations to the roster and the change procedure Where there is to be a change to the regular pattern of ordinary hours worked in a workplace, such as the following: (a) (b) changes to the days and/or hours of work; or changes to hours of work leading to weekend work employees will be involved in the change process on both an individual and collective basis as per the provisions of this clause Any variation of hours must be reasonable with regard to the personal circumstances of the employee and the business needs of SEALCORP Any reduction in hours needs to be done in accordance with the income maintenance provisions in For part-time employees, the income maintenance provisions shall apply where there is a reduction below the minimum number of contract hours as determined by the contract of employment In any event, a variation of a part-time employee s hours which has been instigated by SEALCORP and involves a reduction in hours of work of 25% or more in any twelve month period, will render that position redundant and shall be treated in accordance with the provisions contained in 25 Termination of employment Provided, however, that a part-time employee who regards a reduction of a lesser amount to be unreasonable may invoke the dispute settlement procedure (clause 8 - Dispute Settlement Procedure) Variation to part-time hours Subject to and , where a reduction in the number of ordinary hours worked per fortnight by a part-time employee is required by SEALCORP, the reduction will be introduced on a gradual basis of not more than two hours per week per three pay cycles (i.e. every six weeks) until the new reduced number of hours of work is reached. Clause 15 (p. 4 of 5)

33 15.6 Changes to hours of work leading to weekend work Where staff have been employed without requirement to work ordinary hours on weekends as part of their contract of employment, any proposal by SEALCORP to change the hours of work of these employees to include weekends may only be made with the voluntary agreement of the employee Where employees have been employed with a requirement to work ordinary hours on weekends as part of their contract of employment (i.e. employees engaged by SEALCORP after 16 June 1998), any proposal by SEALCORP to change the hours of work of these employees including weekends may only be processed in accordance with the provisions of Where employees have been employed with a requirement to work ordinary hours on weekends as part of their contract of employment, these employees will be expected to continue working as agreed on weekends except where a change in their personal circumstances prevents them from fulfilling their contract of employment At any time after six months, an employee may apply for a position which does not involve weekend work. If successful and the employee is one referred to in they will no longer be required to work weekends It may be necessary to transfer employees who elect not to work ordinary hours on public holidays, Saturdays, Sundays or any of these, to a workplace within reasonable commuting distance. These employees will suffer no detriment in their career or employment conditions as a result of their election to work such ordinary hours, although penalties are no longer payable Where a part-time employee initiates a roster change that does not include weekend work and SEALCORP has been unable, after reasonable efforts, to offer the staff member the same number of hours, their total hours may be reduced by the number of hours previously worked on weekends, i.e. the total number of hours worked in the new position may not include hours previously worked on weekends Meal breaks An employee is entitled to a meal break after five hours of continuous work, unless that employee would normally finish duty during the break The duration of a meal break shall be agreed between the employee and their manager but will not be less than 30 minutes and no longer than 60 minutes Meal breaks should be taken between 11.30am and 2.30pm or such other time by mutual consent, provided that meal breaks can be taken from 10.30am for those employees commencing ordinary working hours prior to 7.00am. Clause 15 (p. 5 of 5)