Tasmanian Water & Sewerage Corporation (Southern Region) Enterprise Agreement

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1 Tasmanian Water & Sewerage Corporation (Southern Region) Enterprise Agreement

2 PART 1 TITLE AND DOCUMENTARY MATTERS 1. Title This Agreement shall be known as Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement ( this Agreement ). 2. Table of Contents PART 1 TITLE AND DOCUMENTARY MATTERS Title Table of Contents Definitions... 3 PART 2 APPLICATION AND OPERATION OF THE AGREEMENT Parties Bound Date and Period of Operation No Extra Claims Relationship to Awards Agreement to be Exhibited... 6 PART 3 EMPLOYMENT RELATIONSHIP Employment Categories Probationary period Employment of Apprentices/Trainees... 8 PART 4 HOURS OF WORK Ordinary Hours of Work Rostered Days Off (RDO) Meal and Rest Breaks Overtime Time Off In Lieu ment for Overtime (TOIL) Rest Period after Overtime and Call Outs Shiftwork (General) Shiftwork - Breaks Shiftwork Penalty Rates Shiftwork - Overtime Shiftwork Public Holidays PART 5 MINIMUM REMUNERATION & RELATED MATTERS Remuneration Higher Duties Superannuation Salary Sacrifice PART 6 ALLOWANCES Meal Allowance Vehicle Allowance First Aid Allowance Handling Sewer Matter Allowance On-Call Allowance On-Call Allowance Laboratory Employees Only On-Call Allowance Community Care Employees Only Living Away from Home Allowance Excluded Allowances PART 7 NON WAGE MATTERS Tools, Equipment and Protective Clothing Licences Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 2 of 81

3 38. Reimbursement of Expenses Phased Retirement PART 8 LEAVE Annual Leave Annual Leave Loading Paid Personal/ Carer s Leave Unpaid Carer s Leave Compassionate Leave Notice and Evidence Requirements for Taking Personal\Carers\Compassionate Leave Community Service Leave Defence Force Leave Long Service Leave Parental Leave (Unpaid) Parental Leave (Paid) Public Holidays Union Training Leave Blood Donors Leave Study Leave PART 9 TERMINATION OF EMPLOYMENT AND ASSOCIATED MATTERS Notice of Termination Termination Payments Items Deliverable to the Employer Summary Termination Redundancy Pay Abandonment PART 10 WORKPLACE PROCEDURES Dispute Settlement Procedure Union Delegates Rights Flexibility Arrangements Local Area Work Agreement Contractors and Labour Hire Consultation PART 11 SIGNATORIES Schedule 1 Wage Rates Schedule 2 Classification Descriptors Schedule 3 Traineeships and School Based Apprenticeships Appendix B1: Allocation of Traineeships to Wage Levels C. School-based Apprentices Schedule 4 Performance Measures for Stage 3 Increase Definitions For the purpose of this Agreement: Act means the Fair Work Act 2009 or its successor. Allied Health Care Professional means the following professionals who are not Medical Practitioners but deal with health matters and includes but is not limited to the following; Chemist, Chiropractor, Dentist, Osteopath, Physiotherapist, Psychologist. Award(s) means any applicable award or agreement and includes those howsoever described in the Act as an award, federal award, transitional federal award, pre-reform federal award, prereform certified agreement, a modern award, a preserved state agreement and a notional agreement preserving a state award. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 3 of 81

4 means the hourly rate of pay payable to the Employee for his or her ordinary hours of work, but not including any of the following: incentive-based payments and bonuses; loadings; monetary allowances; Overtime or penalty rates; any other separately identifiable amounts. Default Fund means Quadrant Superannuation Fund. Dirt Money means a payment where the Employee is regularly required to work with Sewer Matter as part of their regular duties (eg Waste Water Treatment Plant Operator). Eligible Community Service Activity means Jury Service (including attendance for the purpose of jury selection) that is required by or under a law of the Commonwealth or of a State or Territory; or carrying out a voluntary emergency management activity (within the meaning of section 659 of the Act); or an activity prescribed in regulations. Full Rate means the rate of pay payable to the Employee including any of the following: incentive-based payments and bonuses; loadings; monetary allowances; Overtime or penalty rates; any other separately identifiable amounts. Handling Sewer Matter means as follows: Working with matter of a nature that is highly obnoxious, offensive or dirty work, and typically includes: handling infected materials; cleaning septic tanks, septic closets and/or chemical closets by mechanical means; or collection, removal and/or disposal of, sludge from cess pits and/or grease traps. working in digestion tanks at sewerage treatment works; entering and cleaning aeration ponds or wet wells at sewer pump stations; working in live sewers; or cleaning septic tanks, septic closets and/or chemical closets other than by mechanical means. Immediate Family means a spouse, defacto partner, child, parent, grandparent, grandchild or sibling of the Employee; or a child, parent, grandparent, grandchild or sibling of a spouse or defacto partner of the Employee. Maintenance Work means scheduled maintenance work rostered by the Employer. NES means the National Employment Standards, which represent the minimum standards applying to the Employment of each Employee. On-Call means a period where an Employee is directed by the Employer to be available for duty outside of the Employee s ordinary working hours either outside of the Employees own residence or within the Employees own residence or with appropriate technical support to respond to the matter as if they were otherwise in their own residence (e.g. laptop). For outside the Employees own residence work such an Employee must be able to be contacted and immediately respond to a request to attend work. The Employee must be operational (i.e. being in transit to attend the operational requirement) within 15 minutes of having received the call. For Employees who work within their own residence or with appropriate technical support to respond to the matter as if they were otherwise in their own residence (e.g. laptop). Such an Employee is available to immediately: (i) respond to phone calls or messages; and Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 4 of 81

5 (ii) (iii) (iv) provide advice ( phone fixes ); and arrange call out/rosters of other Employees; and remotely monitor and/or address issues by remote telephone and/or computer access. For the avoidance of doubt, an Employee rostered to work On Call will not be considered on Shiftwork and will only be entitled to the provisions in the On-Call clause. Pay Day means the Wednesday each fortnight. Where the Pay Day falls on a day where payments cannot be made for circumstances beyond the control of the Employer the next day where payments can be made will be substituted for the Pay Day unless otherwise agreed by the Employer and majority of Employees. Probationary Period means a period where both the Employee and the Employer can assess each others performance, capacity and suitability. Relief Operator means an Employee rostered on a nominated Relief Operator roster to (i) cover annual, long service, personal/ carers leave and periods when a Shiftworker is absent, and (ii) perform Maintenance Work. Shiftworker means an Employee who regularly works a roster cycle where ordinary hours are rostered outside the span of the Ordinary Hours of Work. For the avoidance of doubt a Shiftworker will not include a person who is rostered for either On-Call or Remote Response. Also for the avoidance of doubt a Shiftworker will also not include an Employee who works ordinary hours and then works a Saturday and/or a Sunday as operationally required. In the case where an Employee works ordinary hours during Monday to Friday period and then works additional days on a Saturday and /or Sunday the Employee will receive Overtime rates for the Saturday and or Sunday. Transferring Employee means an Employee previously employed by a Council or Bulk Water Authority before transferring to the Employer under the Transfer Order requirements of the Water and Sewerage Corporations Act (2008). PART 2 APPLICATION AND OPERATION OF THE AGREEMENT 4. Parties Bound The Parties to this Agreement shall be the Tasmanian Water and Sewerage Corporation (Southern Region) Pty Ltd in Tasmania ( The Employer ); Employees engaged by the Employer for whom Classifications appear in this Agreement in Schedule 2, and the following Employee Representative Organisations: Association of Professional Engineers, Scientists and Managers of Australia; Australian Manufacturing Workers Union; Australian Services Union; Australian Workers Union (Tasmania Branch); Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Services Union; Community and Public Sector Union. For the avoidance of doubt, this Agreement will not cover or apply to the following Employees or classifications: CEO Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 5 of 81

6 Executive Managers Managers (Manager Community Solutions, Manager Project Delivery, Manager Asset Strategy, Manager Asset Systems and Information, Manager Urban Waste Water, Manager Regional Water and Waste Water, Manager Urban Water, Manager Asset Performance, Manager People And Culture, Manager Operational Planning and Risk, Manager Stakeholder Management, Manager Risk Management, Manager Mechanical/Electrical/Civil Construction, Manager Facilities and Logistics, Project Manager Metering, Senior Financial Accountant, Management Accountant, Manger Laboratory, Manager Billing and Customer Support or any successor to those positions or any new management classification who is assessed as having at least a 300 point score on the Mercer Job Score Scale. 5. Date and Period of Operation (c) (d) This Agreement shall operate from Pay Day in the first full pay period after 7 days after Fair Work Australia approval. The Agreement is for three years and has a nominal expiry date of 1 July, 2014 unless otherwise terminated or varied beforehand by the mutual agreement of the parties or operation of law. The Agreement will continue beyond the nominal expiry date, until replaced, or terminated in accordance with the Act. The Parties and their representatives, where requested in accordance with the Act, agree to meet and discuss the operation of this Agreement within six (6) months prior to its nominal expiry date. 6. No Extra Claims The Parties will not pursue any further claims relating to matters contained in this Agreement, during the period of operation of this Agreement. 7. Relationship to Awards (c) This Agreement provides the minimum terms, conditions and entitlements of the Parties. This Agreement supersedes and operates to the exclusion of any Award(s) or any applicable Industrial Instrument, save for the Water Industry Award Where this Agreement and the Water Industry Award 2010 conflict, this Agreement prevails to the extent of any inconsistency. For the avoidance of doubt where this Agreement deals with the same or equivalent subject matter as the Water Industry Award 2010 this Agreement prevails. 8. Agreement to be Exhibited A copy of this Agreement shall be accessible to all Employees via the Employer s intranet, and provided in hard copy by the Employer if requested by an Employee. PART 3 EMPLOYMENT RELATIONSHIP 9. Employment Categories Employees will be employed in one of the following categories: Full-Time Employee - means an Employee engaged by the week who works an average of thirtyeight (38) hours per week over a 4 week period ie 152 hours in 4 weeks. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 6 of 81

7 Part-Time Employee - means an Employee engaged to work less than 38 hours per week over a 4 week period, on a regular and systematic basis. The following terms and conditions generally apply to Part Time Employees. (i) The minimum period of engagement shall be three (3) hours. (ii) (iii) (iv) (v) Leave provisions apply on a pro-rata basis. At the time of engagement the Employer and the Part-Time Employee 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. Any agreed variation to the hours of work will be recorded in writing. Where offered and accepts more hours than their usual or contracted hours these hours shall not be considered Overtime provided that the hours are less than 38 per week and occur during the span of Ordinary Hours. (c) Casual Employee means an Employee who is engaged on an as is and when is required basis, and may work without the expectation of continuous work, although this does not prevent a Casual Employee from working consistent hours on a regular and systematic basis where agreed between the Employer and Employee in writing. The following terms and conditions generally apply to Casual Employees. (i) Receives an additional loading of (25%) to the in lieu of paid Annual leave, Personal leave, Compassionate leave, Public Holidays, Redundancy payments and Notice for Termination of employment. (ii) Each period of employment stands alone. (iii) Minimum period of engagement is three (3) hours. (iv) (v) The notice period is one (1) hour. Penalties (including Public Holiday penalties) and Overtime for Casual Employees will be calculated in addition to the loaded rate of pay for the Classification in which they are employed [eg If the was $10. Time and one Half = $10 *(0.25 (casual loading)+1.5)= $17.50]. 10. Probationary period (c) Employment is subject to a Probationary Period of at least three (3) months and no more than six (6) months. For the avoidance of doubt that probationary period does not in any way restrict the application of the six (6) month Minimum Employment Period as set out in the Act. Where an Employee determines that the Employer has not for any reason met their requirements they may inform the Employer at any time during the Probationary Period that they wish to terminate their employment at their own initiative and provide 1 weeks notice of the termination of employment or payment in lieu thereof. The Employer shall complete a Probationary Review at any time prior to the conclusion of the Probationary Period and inform the Employee of the outcome of this review under the following terms: (i) Where the Employer has determined that the Employee has satisfactorily completed probation, employment will continue as per this Agreement save for references to the Probationary Period or (ii) Where the Employer, as a consequence of the Probationary Review, has determined that the Employee has not for any reason met their requirements the Employer may extend the Probationary Period up to a maximum of a further three (3) months if the Employee has demonstrated the capacity to meet the Employee s requirements with further development. If the Employer determines that the Employee does not have the capacity to meet their requirements for any reason the Employee will be given 1 weeks notice of the termination of employment or payment in lieu thereof. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 7 of 81

8 11. Employment of Apprentices/Trainees (c) The Employer recognises the importance of training Apprentices and Trainees in this industry. To this end the Employer commits establishing a workforce plan during the life of this agreement that will require the employment of Apprentices and Trainees into the business. The Employer will be permitted to choose its own host providers, which differ from those recommended to it by the Employee s representatives, based on reasonable operational requirements. Any Apprentice/Trainee hosted by the Employer will receive all wages and entitlements as contained in this Agreement as though they were employed directly by the Employer. PART 4 HOURS OF WORK 12. Ordinary Hours of Work Unless otherwise amended by the Flexibility Clause of this Agreement the Ordinary Hours of Work, exclusive of meal times will be: (i) (ii) (iii) Monday to Friday Between the hours of 6.00 am to 6:00 pm. Not more than 8 hours in any one day, unless otherwise agreed with the majority of employees of the designated work area. 13. Rostered Days Off (RDO) (c) (d) (e) Where Employees prior to the operation of this Agreement participated in a Rostered Day Off system in the following terms: a nine (9) day fortnight 8 hours and 30 minutes per day for 8 days and 8 hours for 1 day with a Rostered Day Off on the tenth; they will be permitted to maintain such a system. Provided that where a New Employee joins a work team where this entitlement existed, that New Employee will also be permitted to maintain such a system as was in place prior to their commencement of employment. Save for the circumstances in above the Employer and the majority of Employees in a Department, or other smaller work area reasonably chosen by the Employer, may agree to implement a Rostered Day Off system in the following terms: (i) a nine (9) day fortnight 8 hours and 30 minutes per day for 8 days and 8 hours for 1 day with a Rostered Day Off on the tenth; or (ii) a nineteen (19) day month 8 hours per day with a Rostered Day Off for 19 days and a Rostered Day Off on the twentieth. If an RDO falls on a Public Holiday the next working day will be substituted or another day substituted by mutual agreement between the Employer and the Employee/s affected. An Employee may, accrue a maximum of five (5) RDO days in lieu except where otherwise mutually agreed in writing by the Employer and the Employee. An Employee will be paid at the Full Rate for accrued RDOs in lieu on termination of their employment. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 8 of 81

9 14. Meal and Rest Breaks (c) An Employee shall not be required to work for more than five hours without a break for a meal which shall be unpaid and extend for a period of not less than 30 minutes and not more than 60 minutes. PROVIDED that where there is agreement between the Employer and the Employee an Employee may work up to six hours without a meal break. Employees will be allowed either two paid tea breaks of not more than 7.5 minutes duration each working day or one paid tea breaks of not more than 15 minutes duration each working day. The first of such breaks is to be taken between the commencement of work and the lunch break and if applicable the second break is to be taken between the cessation of the lunch break and the cessation of work. The decision as to how all the breaks will be taken in above will be by agreement between the Employer and affected Employee (s) to allow for seasonal variations, workplace health and safety, personal needs of Employee(s) or the genuine operational requirements of a particular project. 15. Overtime Overtime means all work performed at the direction of the Employer: (i) outside the span of Ordinary Hours; or (ii) in excess of the Ordinary Hours. (c) (d) (e) (f) (g) (h) The Employer may request or require the Employee to work reasonable additional hours. The Employee may refuse to work additional hours if they are unreasonable. Except as otherwise provided, Overtime will be paid at the rate of time and a half for the first two hours and double time thereafter. Overtime worked on a Saturday will be paid at time and a half for the first two hours and double time thereafter. Overtime worked on a Sunday will be paid at the rate of double time. The payment for Overtime rates provided in this clause are calculated on the. An Employee who works Overtime on a Saturday or on a Sunday will be afforded at least four hours work or will be paid for four hours at the appropriate Overtime rate ie Full Rate. 16. Time Off In Lieu ment for Overtime (TOIL) Where the Employer directs an Employee to work Overtime an Employee may elect, with the consent of the Employer, to take TOIL. TOIL, in this circumstance, must be taken at the Overtime rate, that is the appropriate Full Rate for each hour of Overtime worked. Ie Time for Penalty. (E.g. two (2) hours at time and a half equals three (3) hours available for TOIL). Where an Employee requests the Employer to work Overtime, and the Employer agrees an Employee may elect, with the consent of the Employer, to take TOIL. TOIL, in this circumstance, must be taken at the Ordinary Time Rate, that is the appropriate for each hour of Overtime worked. Ie Time for Time. (E.g. two (2) hours at time and a half equals two (2) hours available for TOIL). Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 9 of 81

10 (c) (d) (e) TOIL must be taken at a mutually convenient time and within four weeks of the Overtime being worked. Unless otherwise agreed in writing, the Employer will provide payment at the appropriate Full Rate for any Overtime worked under this clause where TOIL has not be taken within four (4) weeks of the Overtime being worked. Where an Employee has chosen not to have their TOIL paid out within a four (4) week period of Overtime being worked any undertaken TOIL at termination of employment will be paid at the. 17. Rest Period after Overtime and Call Outs (c) (d) Where ever reasonably practicable, working hours should be arranged so that an Employee has at least 10 consecutive hours off duty between the work on successive days or shifts. An Employee, other than a Casual Employee, who works so much Overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the Employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of this clause, be released until the Employee has had 10 consecutive hours off duty without loss of pay of ordinary hours occurring during such absence. If, on the instructions of the Employer, an Employee resumes or continues work without having had the 10 consecutive hours off the Employee must be paid at the rate of double time until the Employee is released from duty for such period. The Employee is then entitled to be absent until the Employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence. Notwithstanding the above, clause 17, will not apply where an Employee works for less than two hours whilst On-Call. 18. Shiftwork (General) (c) A Shiftworker s roster cycle will provide for an average of 38 ordinary hours over a period not exceeding eight weeks. A roster for Full-Time and Part-Time Employees showing normal starting and finishing times of each Employee will be prepared by the Employer in consultation with the majority of employees affected and will be posted in a conspicuous place accessible or made available electronically to the Employees concerned. The following conditions apply to the preparation of rosters: (i) (ii) (iii) (iv) the roster must specify shift starting and finishing times and where time rostered is Overtime; subject to subclause (d), shifts must not exceed 12 hours in length (including crib time which will be counted as time worked) and an Employee must not be rostered to work more than eight shifts in any nine day period; except at the regular changeover of shifts, an Employee must not be rostered to work more than one shift in each 24 hours; and a Shiftworker must have a minimum break of 10 hours between shifts. (d) The Employer may implement in consultation with the majority of employees affected 12 hour shifts as part of a two shift, 24 hour continuous roster but an Employee must not be rostered for more than five 12 hour shifts in any nine day period. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 10 of 81

11 (e) (f) Subject to subclauses, (f), (g), and (h) an Employer must not change the structure of a roster or implement a new roster unless all affected Employees are given at least four weeks notice of the change of the new roster or all affected Employees agree. Where practicable, two weeks notice of Rostered Days Off should be given provided that the days off may be changed by agreement or through sickness or other cause over which the Employer has no control. (g) The Employer may require an Employee to work a different shift or shift roster upon giving 48 hours notice or such shorter period as is agreed or as operational circumstances reasonably require. (h) Subject to the approval of the Employer, Employees may, by agreement, exchange shifts and days off, but in these circumstances pay will be as if the work had proceeded according to the roster. 19. Shiftwork - Breaks A Shiftworker working a shift of less than 12 hours will be entitled to a rest break of 20 minutes which will count as time worked. A Shiftworker working a shift of 12 hours or longer will be entitled to rest breaks totalling 30 minutes which will count as time worked. (c) (d) (e) Breaks for all Employees will be scheduled by the Employer based upon operational requirements to ensure continuity of operations. The Employer will not require an Employee to work more than five hours before the first rest break is taken or between subsequent rest breaks, if any. If at the direction of the Employer an Employee is required to work during the normal rest break, then until a rest break is allowed the Employee will be paid at time and a half. An Employee may take a paid rest break of 20 minutes after each four hours of Overtime worked, if the Employee is required to continue to work after the rest break. 20. Shiftwork Penalty Rates (c) (d) A Shiftworker will be paid a loading of 22.5% in addition to their for all time worked on a rostered shift. For the avoidance of doubt, there is no distinction between day, afternoon, and night shift. All Shiftworkers receive the same loading ie 22.5%. Relief Operators will be paid a loading of % in addition to their for all time worked on a rostered shift and /or during Maintenance Work. Maintenance Work is not considered Shiftwork. For the avoidance of doubt, there is no distinction between day, afternoon, and night Relief Shiftwork. All Relief Operators receive the same loading ie %. A Shiftworker will continue to be paid at Shiftworker Penalty Rates whilst they are on Annual Leave, Long Service Leave, Personal Leave, Jury Service Leave, Paid Parental Leave. For the purposes of calculating Leave entitlement(s) for a Shiftworker the Ordinary Hours of Work for a Shiftworker on a paid leave above in (c) will be deemed to be twelve (12) hours and includes the Shift Penalty. 21. Shiftwork - Overtime Overtime for Shiftworkers means all work performed at the direction of the Employer in excess of the hours for any day or shift in a roster prepared in accordance with their Shiftwork (General) clause. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 11 of 81

12 (c) (d) (e) (f) (g) (h) (i) (i) (j) (k) (l) All Overtime for a Shiftworker will be paid at double time. Overtime for a Relief Operator will be paid at double time when rostered to work Shiftwork. Overtime for a Relief Operator where they are rostered to perform Overtime whilst performing Maintenance Work will be paid at their Full Rate for all time worked on Maintenance Work. That is they receive Overtime rates as per the non-shiftworker Overtime clause. Overtime will be paid at the and does not include the Shift Penalty Rate. (E.g. if the base rate of pay is $10 per hour, Overtime at double time would equate to 10*2 = $20 per hour, NOT (($ %)*2= $24.50). A Shiftworker may elect with the consent of the Employer, to take time off instead of payment for Overtime that would otherwise be payable. This time off in lieu of payment for Overtime shall be referred to as TOIL. Where the Employer directs a Shiftworker to work Overtime a Shiftworker may elect, with the consent of the Employer, to take TOIL. TOIL, in this circumstance, must be taken at the Overtime rate, that is the appropriate Full Rate for each hour of Overtime worked. Ie Time for Penalty. (E.g. two (2) hours at double time equals four (4) hours available for TOIL). Where a Shiftworker requests the Employer to work Overtime, and the Employer agrees a Shiftworker may elect, with the consent of the Employer, to take TOIL. TOIL, in this circumstance, must be taken at the Ordinary Time Rate, that is the appropriate for each hour of Overtime worked. Ie Time for Time. (E.g. two (2) hours at time and a half equals two (2) hours available for TOIL). Time off instead of payment for Overtime must be taken at a mutually convenient time and within four weeks of the Overtime being worked. Unless otherwise agreed, the Employer will provide payment at the appropriate Full Rate for any Overtime worked under this clause where TOIL has not be taken within four weeks of the Overtime being worked. Due to the shift roster averaging 304 hours over a 56 day period, in some instances the Relief Operator may work in excess of 152 hours in a 28 day period. The additional hours will be accrued or banked against the shift roster as TOIL to a maximum of 40 hours per year. Where a Relief Operator is rostered on a shift roster that does not allow the Operator to work the full 152 hours, any of their accrued TOIL shall be used to balance his or her hours. If the Relief Operator does not have enough TOIL accrued against the Shift Roster and is required to work a shift line of less than 152 hours their TOIL accrual will fall into a negative balance until they are able to be rostered enough hours to catch up. For the avoidance of doubt this means that the Relief Operator is still paid the 152 hours but accrues the negative balance where they do not work the 152 hours. 22. Shiftwork Public Holidays A Shiftworker continues to receive their plus Shift Penalty for a rostered shift the major portion of which is performed on a Public Holiday. They receive no other penalty payment or Overtime payment for work in accordance with the shift roster. Where a Shiftworker works Overtime on a Public Holiday they receive Overtime at the rate of Double Time. Overtime will be paid at the and does not include the Shift Penalty Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 12 of 81

13 Rate. (E.g. if the base rate of pay is $10 per hour, Overtime at double time would equate to 10*2 = $20 per hour, NOT (($ %)*2= $24.50). (c) (d) Where a Shiftworker is rostered to work shiftwork on a Public Holiday they will have their Ordinary Hours of Work added to their Annual Leave in lieu of receiving any additional penalty payment for such work. For the purposes of calculating an Annual Leave entitlement for a Shiftworker on a Public Holiday, the Ordinary Hours of Work will be deemed to be twelve (12) hours and includes the Shift Penalty. PART 5 MINIMUM REMUNERATION & RELATED MATTERS 23. Remuneration (c) (d) (e) (f) (g) for an Employee Ordinary Hours of Work shall be equal to or greater than the minimum prescribed in Schedule 1. Any negotiated with Employees in excess of those contained in Schedule 1 may be absorbed or offset against any Minimum Wage Order increases by the Fair Work Australia. The sum of the plus the Annual Leave Loading component plus the Superannuation component must be no less than the amount specified in the applicable classifications pay points in Schedule 2. Wages shall be paid by Electronic Funds transfer fortnightly (ie in arrears) into an account nominated by the Employee on the Pay Day unless there are circumstances beyond the control of the Employer. Employees must fill out and sign their time sheets and ensure that they are authorised by their relevant Manager. Failure to correctly fill out the time sheet, and submit within the requisite time period, may result in unavoidable delays in payroll processing. The Employer is authorised, subject to the agreement of the employee which will not unreasonably be withheld, to make deductions from the Employee s Wages, on termination of the employment, in respect of any monies owed to the Employer. 24. Higher Duties Where an Employee, who is employed at a Classification Level of between one (1) and four (4), is required to perform the majority of function(s) for which a Classification is provided and that Classification is at a higher Classification level than the Employee s usual Classification level but no higher than Level 5, the Employee shall, if the Employee works for a minimum of one (1) consecutive day, be paid at the higher rate of pay for that Classification for time so worked. For the avoidance of doubt this does not include Pay Points. Where an Employee, who is employed at a Classification Level of between five (5) and seven (7), is required to perform the majority of function(s) for which a Classification is provided and that Classification is at a higher Classification level than the Employee s usual Classification level, the Employee shall, if the Employee works for a minimum of five (5) consecutive days, be paid at the higher rate of pay for that Classification for time so worked. For the avoidance of doubt this does not include Pay Points. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 13 of 81

14 (c) (d) When an Employee who is in receipt of such a Higher Duties payment commences annual or personal leave, they shall receive any payment to which they are entitled pursuant to this Agreement at the higher rate of pay, if and only if they had been in receipt of such higher rate of pay continuously for two [2] weeks or more immediately preceding the taking of annual or personal leave, provided they return to the same position. Eg If a Level 4 employee was performing at Level 5 for 3 weeks and in receipt of Higher Duties payment for Level 5, if they took a 2 week period of Annual Leave they would continue to receive the Higher Duties payment for Level 5 for the nominated period of Annual Leave. Alternatively if a Level 4 employee was performing at Level 5 for 1 week and in receipt of Higher Duties payment for Level 5, if they took a 2 week period of Annual Leave they would only receive their Level 4 rate of pay for the nominated period of Annual Leave. When an Employee who is in receipt of the higher rate of pay pursuant to this clause performs the duties entitling him to the higher rate of pay outside his ordinary working hours, they shall receive any Full Rate to which they are entitled pursuant to this Agreement based on the higher rate of pay. 25. Superannuation The Employer will contribute the amount of Superannuation contributions payable in respect of each of its Employees to either (i) the Quadrant Superannuation Scheme or (ii) Tasplan Superannuation Fund or (iii) An Employee nominated complying Superannuation Fund (each respectively the Fund ). Upon commencement of employment, an Employee will elect, in writing within 30 days, the Fund into which the Employer is to contribute the entire amount of Superannuation contributions payable in respect of that Employee. (c) The Employer will make contributions directly to the Default Fund until the Employee elects an alternative Fund listed in clause 25. (d) Contributions shall be made on a monthly basis. (e) The Employer will make contributions of behalf of Employees (other than Casuals) at the rate of 13% of their plus Annual Leave Loading and other allowances where they are customary weekly amounts i.e. Dirt Money, and Shiftworker Penalty Rates. (f) For Casual Employees the Employer will make contributions of behalf of such Employees at the rate of 13% of their including casual loading. (g) The Employer will honour the Defined Benefits Scheme Superannuation provisions (*NB this rate fluctuates, up and down, in accordance with actuarial advice from year to year) inherited for each Transferring Employee, until required to do so by the rules of operation. (h) Contributions to the fund will continue to be paid while the Employee is absent on paid leave. (i) Subject to the governing rules of the relevant Superannuation fund, an Employee may, in writing, authorise their Employer to pay on behalf of the Employee a specified amount from the pre or post-taxation wages of the Employee into the same Superannuation fund as the Employer makes the Superannuation contributions. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 14 of 81

15 26. Salary Sacrifice (c) (d) (e) (f) (g) (h) (i) (j) An Employee may make an agreement with the Employer for salary sacrifice for any purpose permitted by the applicable legislation. The salary sacrifice will be deducted from the Employee s wages. Where the Employee has nominated a salary sacrifice into Superannuation the Employer will pay the amount authorised no later than 28 days after the end of the month in which the deduction authorised was made. The Employer will continue to calculate the contributions required by the Superannuation Clause above on the basis of the Employee s ordinary time earnings before the Salary Sacrifice is deducted. Salary sacrifice deductions will be made during a period of paid leave and the Employee will receive the rate of pay specified under this Agreement less the salary sacrifice deduction. Calculation of salary for the purpose of leave accruals and other payments due on termination of employment shall be calculated on a rate of pay which includes the salary sacrifice contributions. An Employee may adjust the amount the Employee has authorised their Employer to pay from the wages of the Employee from the first of the month following the giving of one months written notice to the Employer. Subject to this clause, an Employee may elect to salary sacrifice an amount of wages to which the Employee is otherwise entitled under this Agreement. The salary sacrifice election once exercised can only be varied once a year or after any variation in the Employee s normal wage. The Employee may terminate salary sacrifice arrangement with one month s notice. PART 6 ALLOWANCES 27. Meal Allowance (c) (d) Where an Employee is directed to work Overtime for a continuous period of at least two hours, either a meal shall be provided or a meal allowance shall be paid. The meal allowance shall be the amount specified in Schedule 1 for each meal. Breakfast shall be between the hours of 4:00 am 11:30 am, Lunch shall be between the hours of 11:31 am to 5:00 PM, and Dinner shall be between the hours of 5:01 pm and 3:59 am. A meal allowance is not payable where the Employee has been notified at least 24 hours in advance of the requirement to work Overtime or where a meal is provided by the Employer. For the avoidance of doubt this includes On-Call. 28. Vehicle Allowance Where an Employer requires an Employee to use their own vehicle in or in connection with the performance of their duties, such Employee will be paid an amount specified in Schedule 1 for authorised travel. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 15 of 81

16 An Employer may require an Employee to record full details of all such official travel requirements in a log book. 29. First Aid Allowance Where an Employee who holds a Workplace Level 2 or higher first aid qualification and is appointed by the Employer to perform first aid duty they will be paid an additional weekly allowance in the amount specified in Schedule 1. This clause will not apply where the requirement to hold a first aid certificate is a requirement of the position. In such cases the will have already made consideration for such skills and/or requirements. 30. Handling Sewer Matter Allowance (c) (d) Operational and Trade Employees engaged in all Levels of this Agreement will be paid an additional hourly allowance for all time worked by direction Handling Sewer Matter provided that in all cases, in addition to the payment of this allowance, the Employer will supply all appropriate protective clothing and equipment for working in the particular conditions. An Employee will be paid an additional hourly allowance for Handling Sewer Matter 100% of the applicable for their Classification for the time in contact for duties which can be described as Handling Sewer Matter. An Employer may make an average payment equivalent to one and one half (1 and 1/2) hours per day at the Employee s for their applicable Classification for each day worked, where the Employee is regularly required to work which can be described as Handling Sewer Matter in lieu of any Handling Sewer Matter Allowance. This extra payment is referred to as Dirt Money. An Employee in receipt of the Handling Sewer Matter Allowance Payment (ie Dirt Money) is not entitled to any other, or additional, payment for working in conditions that are considered to be Handling Sewer Matter. Handling Sewer Matter Allowances are not payable during periods of leave with the exception of Employees who receive Dirt Money. Such Employees who receive Dirt Money will continue to receive the Dirt Money during periods of paid leave, any RDO, and for the purposes of calculating Superannuation payments but not for the purposes of calculating overtime payments. 31. On-Call Allowance (c) (d) Employees are reasonably required to participate in the On-Call Roster. Where an Employee is On-Call, the Employee will be paid an additional weekly allowance in the amount specified in Schedule 1. Where an Employee works in a team without a designated On Call Coordinator and is appointed by the Employer as the responsible person they will receive payment at the Level 5 rate for the On-Call portion of their work only. The Employer must not change the structure of the On-Call Roster or implement a new roster unless all affected Employees are given at least four weeks notice of the change of the new roster or all affected employees agree. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 16 of 81

17 (e) (f) (g) (h) (i) An Employee entitled to receive this On-Call Allowance will be paid a minimum of ten (10) hours (which is the equivalent of two First Call Outs (First callout = two (2) hours at time and one half + one (1) hour at double time = five (5) hours) at the for each week that they are required to be On-Call regardless of the requirement to perform any Call Outs or not. For Call Outs in excess of the above the employee will be paid at the appropriate Overtime Rate for time worked on a Call Out. Actual time worked will be deemed to apply from the time the Employee leaves home. (E.g. First callout = two (2) hours at time and one half + one (1) hour at double time = five (5) hours. Subsequent call outs after an initial three hour period in any one day will be paid at three (3) hours at double time = six (6) hours. Where an Employee whilst performing On-Call work receives another Call Out before they have returned to their residence the next Call Out is not an additional or subsequent Call Out. But if an Employee has returned to their residence and receives another Call Out the next Call Out is an additional or subsequent Call Out. Eg An Employee responds to a Call Out and completes 2 hours work before returning to their residence. After arriving at their residence they receive an additional Call Out for which they have to work an additional 45 minutes. That Employee would receive two (2) Call Out payments. First callout = two (2) hours at time and one half + one (1) hour at double time = five (5) hours PLUS a subsequent Call Out of three (3) hours at double time = six (6) hours [Total = 11 hours]. But if that Employee responds to a Call Out and completes 2 hours work has not returned to their residence before receiving another Call Out such an Employee would not receive an additional Call Out for which they have to work an additional 45 minutes. That Employee would receive one (1) Call Out payment of two (2) hours at time and one half + one (1) hour at double time = five (5) hours only. An Employee who works within their own residence or with appropriate technical support to respond to the matter as if they were otherwise in their own residence (e.g. laptop) will be paid at the appropriate Overtime Rate with a minimum Call Out period of one (1) hour. After the initial minimum period of one (1) hour any time worked will be paid at the Overtime Rate for actual time worked and recorded. If Employee who works within their own residence or with appropriate technical support to respond to the matter as if they were otherwise in their own residence (e.g. laptop) is required to leave their residence to attend operational matters they will be paid at the appropriate Overtime Rate for time worked on a Call Out, for a minimum of three (3) hours. Actual time worked will be deemed to apply from the time the Employee leaves home. (E.g. First callout = two (2) hours at time and one half + one (1) hour at double time = five (5) hours. Subsequent call outs after an initial three hour period will be paid at three (3) hours at double time = six (6) hours.) Such an employee may be required to maintain and provide to the Employer a time sheet of the length of time taken in dealing with each matter remotely for each day commencing from the first remote response. 32. On-Call Allowance Laboratory Employees Only (c) Employees are reasonably required to participate in the On-Call Roster. Where an Employee is On-Call, the Employee will be paid an additional daily allowance in the amount specified in Schedule 1. An employee who is On-Call will be paid the applicable overtime rate for the time actually taken in dealing with each particular matter. 33. On-Call Allowance Community Care Employees Only Employees are reasonably required to participate in the On Call Roster. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 17 of 81

18 Where an Employee is On-Call, the Employee will be paid an additional weekly allowance in the amount specified in Schedule Living Away from Home Allowance Where an Employee is directed by their Employer as a result of the performance of their work to stay away overnight from what is ordinarily their residence they will be entitled to a Living Away From Home Allowance. The Living Away From Home Allowance is set out in Schedule 1. (c) (d) (e) (f) An Employee is entitled to the Breakfast, Lunch, Dinner and Incidental (A) Living Away From Home Allowances for each night that they are entitled to the Allowance. If the Employer, during the course of the period that the Employee is entitled to the Allowance, provides Breakfast or Lunch or Dinner the Employee is not entitled to the respective Allowance(s) other than the Incidental Allowance. In the situation where the Employee receives only the Incidental Allowance (ie because the Employer has otherwise provided the Employee with Breakfast and Lunch and Dinner) the Employee is entitled to receive the Incidental Allowance (B). The Employer, where an Employee is directed by their Employer as a result of the performance of their work to stay away overnight from what is ordinarily their residence, will provide where reasonably practicable single room accommodation. 35. Excluded Allowances The following Allowances are no longer relevant and have been either incorporated into the Base Rate and/or excluded from this Agreement: (i) Height (ii) Depth (iii) EFT (iv) Coxswain (v) Registration (vi) Toxic Substances. The following Allowances are covered and have been taken into consideration elsewhere in this Agreement: (i) Corporate Wardrobe where applicable and required this will be provided by the Employer (ii) In Charge/ Leading Hand provided for in the Classification structure/ Higher Duties (iii) Tool Allowance the Employer will provide (iv) Transport (Travel, Transport, Transfers) - Reimbursement (v) Relocation Reimbursement. PART 7 NON WAGE MATTERS 36. Tools, Equipment and Protective Clothing The Employer will reasonably provide Employees all necessary tools, equipment and protective clothing. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 18 of 81

19 37. Licences The Employer will pay for all Licences required by an Employees position and those not funded through an insurance scheme and is subject to the provision of satisfactory evidence. (Eg Coxswain) 38. Reimbursement of Expenses The Employer will pay for expenses reasonably incurred by the Employee as a result of a directive of the Employer and subject to the provision of satisfactory evidence. 39. Phased Retirement The Employer respects the rights of individual Employees to make their own choices on when they leave paid employment, whilst at the same time recognising the value Employees have to the Employer in terms of their organisational knowledge. In addition, it is recognised that leaving the workforce in retirement after a long period of service can be dramatic for some people. To assist, the Employer will develop a process, which will provide Employees access to phased-in retirement. The overall concept is that Employees who are approaching normal age of retirement are able to reduce their work commitments through a reduction in working hours over a period of time with a consequential reduction in salary. PART 8 LEAVE 40. Annual Leave An Employee, is entitled to 4 weeks of paid Annual Leave for each year of service. An Employee, who is either; (i) A Shiftworker, (ii) A Relief Operator relieving a Shiftworker (and not performing Maintenance Work), (iii) An Employee of the Service Delivery Division only and in receipt of the On-Call Allowance, (iv) An Employee of the Service Delivery Division only, who is not in receipt of the On-Call Allowance, but is regularly rostered on at least thirteen (13) weekends (ie both Saturday and Sunday and works in accordance with a designated roster will have their annual leave increased by five (5) days per annum. (c) An Employee, who is either; (i) An Employee of the Service Delivery Division only, who is in receipt of the On-Call Allowance but does not work in accordance with a designated roster (i.e. only participates from time to time), or (ii) An Employee of the Service Delivery Division only, who is not in receipt of the On-Call Allowance, but is rostered on weekends (ie both Saturday and Sunday) from time to time, will have their annual leave increased by half a day for each occurrence of subclause (c) (i) and (ii) that the Employee is continuously engaged to a maximum of five (5) days per annum. Tasmanian Water and Sewerage Corporation (Southern Region) Enterprise Agreement Page 19 of 81

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