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Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
1
INFRAWORKS SERVICES PTY
LTD
RAIL SAFEWORKING
PERSONNEL
NEW SOUTH WALES
ENTERPRISE AGREEMENT
2018
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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Table  of  Contents  
1.   TITLE  ...........................................................................................................................................  3  
2.   PARTIES  BOUND  .........................................................................................................................  3  
3.   SCOPE  OF  AGREEMENT  ..............................................................................................................  3  
4.   DEFINITIONS  ..............................................................................................................................  3  
5.   COMMENCEMENT  DATE  AND  PERIOD  OF  OPERATION  ..............................................................  5  
6.   CATEGORIES  OF  EMPLOYMENT  ..................................................................................................  6  
7.   TERMINATION  OF  EMPLOYMENT  ...............................................................................................  7  
8.   REDUNDANCY  ............................................................................................................................  8  
8A   TRANSFER  OF  BUSINESS  .........................................................................................................  8  
9   CLASSIFICATIONS  .......................................................................................................................  9  
10   RATES  OF  PAY  ............................................................................................................................  9  
11   ALLOWANCES  ...........................................................................................................................  10  
12   ACTING  IN  A  HIGHER  GRADE  ....................................................................................................  11  
13   HOURS  OF  WORK  .....................................................................................................................  11  
14   ROSTERING  PARAMETERS  -­‐  SHIFTWORK  ..................................................................................  12  
15   ROSTERING  PRINCIPLES............................................................................................................  12  
16   ANNUAL  LEAVE  ACCRUAL  FOR  ROSTERED  WORKERS  ...............................................................  14  
17   ROSTERED  DAYS  OFF  ................................................................................................................  14  
18   SHIFT  WORK  .............................................................................................................................  14  
19   WEEKEND  PENALTIES  ...............................................................................................................  15  
20   OVERTIME  ................................................................................................................................  15  
21   MEAL  BREAKS...........................................................................................................................  16  
22   LIVING  AWAY  AND  MEAL  ALLOWANCES  ..................................................................................  16  
23   TRAVELLING  TIME  ....................................................................................................................  17  
24   DAILY  TRAVELLING  TIME  ..........................................................................................................  18  
25   AMENITIES  AND  PROTECTIVE  CLOTHING  .................................................................................  19  
26   TRAINING  AND  SKILLS  DEVELOPMENT  .....................................................................................  19  
27   SUPERANNUATION  ..................................................................................................................  20  
28   JURY  DUTY  ...............................................................................................................................  20  
29   PUBLIC  HOLIDAYS.....................................................................................................................  20  
30   ANNUAL  LEAVE  ........................................................................................................................  21  
31   PERSONAL/CARER’S  LEAVE  AND  COMPASSIONATE  LEAVE  ......................................................  22  
31   CONSULTATION  TERM..............................................................................................................  24  
32   WORK  PLACE  REPRESENTATIVES  ..............................................................................................  26  
33   DISPUTE  SETTLING  PROCEDURE  ...............................................................................................  27  
34   INDIVIDUAL  FLEXIBILTY  ARRANGEMENT  ..................................................................................  28  
35   COUNSELLING  AND  DISCIPLINARY  PROCEDURES  .....................................................................  29  
36   HEALTH  STANDARDS  ................................................................................................................  31  
37   SIGNATORIES  ...........................................................................................................................  32  
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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1.  TITLE
This agreement shall be known as the Infraworks Services Pty Ltd Rail Safe Working
Personnel New South Wales Enterprise Agreement 2018.
2.  PARTIES BOUND
This agreement shall be binding upon Infraworks Services Pty Ltd, employees of
Infraworks Services Pty Ltd who work as worksite protection officers, as described in
clause 9 of this agreement, in New South Wales.
3.  SCOPE OF AGREEMENT
This agreement will apply to the employer and to its employees engaged in the
classifications contained in this Agreement in respect to rail safeworking in the state of
New South Wales (NSW). This agreement replaces all other previous agreements and the
award that applied to the employees of Infraworks Services Pty Ltd. This agreement is to
operate in conjunction with the NES.
4.  DEFINITIONS
In this agreement:
Act means the Fair Work Act 2009 (Cth), as amended from time to time.
Agreement means the Infraworks Services Pty Ltd Safeworking Personnel New South
Wales Enterprise Agreement
Casual Employee means a person who is appointed by the Company to be a casual
employee and paid a casual loading to compensate them for the casual nature of their
employment including having no entitlement to paid annual leave, personal/carer’s leave,
redundancy payments, compassionate leave or paid public holiday leave.
Company means Infraworks Services Pty Ltd ABN 30133681053
Employee or employees means a person employed by Infraworks Services Pty Ltd as a
casual, part-time, temporary or permanent basis and whose employment is covered by this
agreement.
Employer means Infraworks Services Pty Ltd.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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Full Rate of Pay means the same as defined by the Act.
FWC means Fair Work Commission
Home Depot means the depot to which an employee is appointed upon commencement, or as
otherwise agreed with the employee to be an employee’s normal place of work they are usually
required to attend on a daily basis.
Immediate Family means an employee’s spouse, and the employee’s or the employee’s
spouse’s child, parent, grandparent, grandchild or brother or sister. This includes a de facto
partner (regardless of gender), former spouses and former de facto partners, and those to whom
the employee has a step or adoptive relationship.
NES means the National Employment Standards, as set out in or determined pursuant to the Act,
as amended from time to time. The NES will prevail over this agreement where, in a particular
respect, it provides a more favourable outcome for the employees as prescribed in accordance
with the Act.
Ordinary Hours means the hours of work described in Clause 13 of this agreement.
Overtime means work performed outside of or in addition to an employee’s ordinary hours.
Part Time Employee means an employee employed for less than an average of 38 hours per
week and receiving a corresponding proportion of a full time employees pay and leave according
to their part time hours of work.
Project Site means a site where work is undertaken and is not part of the Maintenance &
Renewals program and the project value is equal to or greater than $2.4m. The parties agree to
consult where required to clarify whether work to be undertaken is considered to be project
activity for the purposes of this clause.
Redundancy means the Company has made a definite decision that it no longer wishes the job
an employee has been doing done by anyone. Redundancy only applies to permanent or part time
permanent employees.
Residential Depot means the employee’s normal residence.
Retrenchment means the termination of employment by reason of redundancy.
Roster means a work schedule containing the ordinary and overtime hours of work required of
an employee over a period of time along with the RDOs, public holidays and other days of
approved leave falling during that period.
Rostered Day Off (RDO) means a week day not worked as a result of the operation of a method
of working a 38 hour week where sufficient extra ordinary time is worked on a number of days
and accrued to allow for the day off.
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Rostered Worker means an employee who has agreed with the Company to be rostered to work
their ordinary time on any day of the week and weekends and at nights.
Shiftwork:
Afternoon Shift means any shift finishing after 1800 hours and at or before 2400 hours.
Continuous Shift worker means an employee who is employed in a business in which shifts are
continuously rostered 24 hours a day for 7 days a week; and
•   is regularly rostered to work those shifts;
and
•   regularly works on Saturdays, nights, afternoons, Sundays and public holidays.
Afternoon Shift and Night Shift work means any system of work which is being carried out on
a regular scheduled basis outside ordinary hours of work for a day worker 0600- 1800, for a
minimum of five consecutive shifts. (for the purposes of Annual Leave calculations)
Night shift means a shift that finishes subsequent to midnight and at or before 0800 hours, or a
shift that commences after midnight and at or before 0400.
Temporary depot means a place of work assigned to an employee by the Company as a
temporary replacement for the employee’s home depot. A temporary depot can be
accommodation provided to an employee when they are required to work away from their
normal residence.
Union means an industrial organisation of employees that has a constitutional ability to cover an
employee employed under this agreement in this case being the Rail Tram and Bus Union NSW
Branch.
Union Delegate means an employee union representative.
5.  COMMENCEMENT DATE AND PERIOD OF OPERATION
a)   This agreement operates from seven days after Fair Work Commission approves the
agreement in accordance with the Fair Work Act 2009 (Cth) (Act).
b)   The nominal expiry date of the agreement is 1st
July 2022.
c)   The parties agree to commence negotiations for a replacement agreement 3 months prior
to the nominal expiry date of this agreement.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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6.  CATEGORIES OF EMPLOYMENT
a)   An employee may be engaged in one of the following categories.
b)   An employee shall be specifically engaged as a full time, part time, casual or temporary
employee.
c)   Employees not specifically engaged as casuals shall be employed as Full Time
employees: i.e. employed by the week.
d)   A casual employee is an employee engaged on an hourly basis. For ordinary working
time, a casual employee shall be paid an hourly rate as prescribed in Infraworks Services
Pty Ltd classification structure for the work performed, plus a loading of 25%. The
loading constitutes part of the casual employee’s all purpose rate. A casual employee
shall be paid for a minimum of 4 hours’ work on any one day. The termination of
employment of a casual employee shall be on an hour’s notice given by either party.
e)   A part time employee is an employee engaged to work a regular pattern of hours which
shall average less than 38 per week. A part time employee shall be engaged for a
minimum of three (3) consecutive hours per shift. The number of minimum hours per
shift may be varied by agreement between the employee and Infraworks Services Pty Ltd.
f)   Before commencing employment, the employee and Infraworks Services Pty Ltd shall
agree upon the hours to be worked, the days upon which they will be worked, the
commencing and finishing times for the work, and the classification applying to the
employee for the work performed.
g)   A part-time employee will be paid overtime rates for all hours worked in excess of the
agreed hours above.
h)   An employee may be engaged on a full time or part time basis for a specific period of
time or for specific tasks, hereinafter referred to as employment on a temporary basis.
The details of the specific period or specific tasks shall be set out in writing with a copy
being kept by Infraworks Services Pty Ltd and the employee. An employee engaged in
this way will be regarded as a full time or part time employee.
i)   A full time, part time employee or temporary employee shall be engaged for a period of
probationary employment for a period of 3 months. Employment may be terminated
during a probationary period by either party giving a week’s notice. An employee on a
period of probation is for all purposes of the agreement a full time, part time employee or
temporary employee. A period of probation forms part of an employee’s period of
continuous service.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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j)  The Company will conduct inductions in order that employees are made familiar with the
work at hand and to ensure that employees are familiar with the Company's operation and
its methods of work.
7.  TERMINATION OF EMPLOYMENT
In the event of termination of employment by Infraworks Services Pty Ltd it shall give the
employee the following period of notice in accordance with the national employment
standards (NES);
Period of Service Period of Notice
1 year or less 1 week
Over 1 year up to the completion of 3 years 2 weeks
Over 3 years and up to the completion of 5 years 3 weeks
Over 5 years 4 weeks
a)   In addition to the notice in the table above, employees over 45 years of age, who
have not less than two years’ service at the time of the giving of notice, are entitled
to an additional week’s notice.
b)   In the event of termination of employment by the employee, the employee shall
give the employer a week’s notice. If the employee fails to give notice, the
employer has the right to withhold moneys due to the employee to a maximum
amount equal to the ordinary time rate of pay for the period of notice. Payment in
lieu of the notice shall be equal to the wages the employee would have received in
respect of the ordinary time he/she would have worked during the period of notice,
had their employment not been terminated. Infraworks Services Pty Ltd has the
right to dismiss any employee without notice for serious misconduct and in such
cases any entitlements under this agreement are to be paid up to the time of
dismissal only.
c)   Where an employee has been given notice by the Company, the employee shall be
allowed up to one day’s time off without loss of pay for the purposes of seeking
other employment. The time off shall be taken at a time of mutual convenience
between the employer and the employee. An employee engaged on a casual basis or
an employee upon completion of a period of temporary employment is not entitled
to receive notice of termination other than in accordance with this agreement.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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8.  REDUNDANCY
8.1   Clause 8 shall not apply to a casual employee, or to an employee employed on a
temporary basis, or to an employee whose employment is terminated as a consequence
of serious misconduct that justifies summary dismissal.
8.2   A redundancy situation is a situation where Infraworks Services Pty Ltd no longer
wishes the job the employee has been performing to be done by anyone and this is not
due to the ordinary and customary turnover of labour and that decision leads to the
termination of employment of the employee.
The employer gives the undertaking that under clause 8.2 of the agreement the
provisions for redundancy will be in accordance with the national employment
standards (NES);
Period of Continuous Service Redundancy Pay Period
Less than 1 year Nil
1 year but not less than 2 years 4 weeks
2 years but not less than 3 years 6 weeks
3 years but not less than 4 years 7 weeks
4 years but not less than 5 years 8 weeks
5 years but not less than 6 years 10 weeks
6 years but not less than 7 years 11 weeks
7 years but not less than 8 years 13 weeks
8 years but not less than 9 years 14 weeks
9 years but not less than 10 years 16 weeks
10 years and over 12 weeks
8.3   An employee in a redundancy situation may terminate her/his employment during the
period of notice, with one weeks notice and, if so, shall be entitled to the same benefits
and payments under this clause had they remained until the expiry of the notice period.
Provided that in those circumstances an employee is not entitled to payment in lieu of
notice.
8A TRANSFER OF BUSINESS
In the event of a transfer of business between a former employer and Infraworks Services
Pty Ltd, or between Infraworks Services Pty Ltd and a subsequent employer, Part 2-8 of
the Fair Work Act 2009 (Cth) shall govern the calculation of length of service in respect
of all relevant statutory and other entitlements under this Agreement.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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9 CLASSIFICATIONS
9.1 Classification Descriptions
CLASSIFICATIONS JOB DESCIPTION
Level 1 Handsignaller Level 1
Level 2 Handsignaller Level 2
Level 3 Protection Officer Level 1
Level 4 Protection Officer Level 2
Level 5 Protection Officer Level 3-4
Level 6 Traffic Officer/Track Examiner
10 RATES OF PAY
Pay rates applicable from the commencement of this agreement.
On#approval 106.5%
Classification Hourly#Rate#$ Casual#Rate#$
Level#1 $24.54 $30.67
Level#2 $25.45 $31.82
Level#3 $26.09 $32.62
Level#4 $27.26 $34.08
Level#5 $30.67 $38.34
Level#6 $36.28 $45.36
First&anniversary 102.5%
Classification Hourly&Rate&$ Casual&Rate&$
Level&1 $25.15 $31.44
Level&2 $26.09 $32.62
Level&3 $26.74 $33.44
Level&4 $27.95 $34.93
Level&5 $31.44 $39.30
Level&6 $37.19 $46.49
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Payment of wages due will be paid by electronic funds transfer into the employee’s
nominated bank/financial institution account/s. Wages will be paid weekly and available no
later than close of business on a Friday. Employees will receive a pay advice as soon as
practicable on or after pay day.
Time and Wages Records will be in accordance with statutory requirements. The
Company shall keep appropriate time and wages records for each employee.
11 ALLOWANCES
a)   First Aid Allowance. An employee holding appropriate first aid qualifications shall
be paid an allowance of $2.92 (increasing by 2.5% per annum commencing on the
first anniversary) per shift for each shift the officer is designated to attend first aid
requirements on a shift.
b)   Personal Phone Allowance
A phone allowance of $6.00 increasing to $7.00 on the first anniversary per shift
will be paid to employees who are required by Infraworks Services Pty Ltd to use
their personal phone to perform their job.
c)   On Call Allowance.
Second'anniversary 102.5%
Classification Hourly'Rate'$ Casual'Rate'$
Level'1 $25.78 $32.22
Level'2 $26.74 $33.43
Level'3 $27.41 $34.27
Level'4 $28.64 $35.81
Level'5 $32.22 $40.28
Level'6 $38.12 $47.65
Third&anniversary 102.5%
Classification Hourly&Rate&$ Casual&Rate&$
Level&1 $26.42 $33.03
Level&2 $27.41 $34.27
Level&3 $28.10 $35.13
Level&4 $29.36 $36.70
Level&5 $33.03 $41.29
Level&6 $39.07 $48.85
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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An employee who is required by Infraworks Services Pty Ltd to be available to
return to work outside the ordinary rostered hours shall be paid an on call
allowance of $24.86 when on call for a rostered day or shift and $37.35 when on
call on a non rostered day or shift.
d)   Electrical Permit Holder Allowance
An employee who is required to hold a permit, in addition to carrying out other
duties will be paid $10.82 per shift increasing by 2.5% per annum commencing on
the first anniversary.
11.1 Tunnel Money Allowance
11.1.1 Employees when working in the Eveleigh Dive or in tunnels over 400 metres in
length will be paid an allowance of fifty – four (54) cents per hour increasing by
2.5% per annum commencing on the first anniversary.
11.1.2 Where the time in a tunnel is 30 minutes or more, a minimum of one (1) hour will
be paid at the additional rate but where the time in a tunnel is less than 30 minutes
no additional rate will be payable under this clause.
No claims received more than 14 days after the date of the allowance which is subject of the
claim will be paid by Infraworks Services Pty Ltd.
12 ACTING IN A HIGHER GRADE
12.1 Where an employee acts in a higher grade for 2 or more hours on any one day, the
employee shall be paid at the higher rate for that day.
12.2 If the employee works in a higher grade for less than 2 hours on any day, the employee shall
be paid at the higher rate for the time actually worked.
13 HOURS OF WORK
13.1 The ordinary hours of work for full-time employees are 38 hours Monday to Friday.
13.2 The span of ordinary hours is from 0600 to 1800 Monday to Friday, except for
designated shift work and rostered work.
13.3 The provisions specified in clauses 13.1 & 13.2 above may be varied by mutual agreement
between the employer and the majority of its employees.
13.4 To avoid doubt, the ordinary hours of work for a casual employee shall be 8 hours per day
Monday to Friday.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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13.5 The ordinary hours of work for full-time employees who are rostered worker employees are
38 hours per week, 152 hours over 28 days.
13.5.1 A rostered worker is an employee who has mutual agreement with the employer to
be rostered.
13.5.2 A rostered worker is an employee who has been rostered to work on the following
basis:
a)   The company will provide employees with as much notice as possible in advance
of a one (1) pay cycle period. For planned works a minimum of 21 days will be
applied.
14 ROSTERING PARAMETERS - SHIFTWORK
14.1 Rostering parameters are outlined below:
a)   Minimum Shift 8 hours
b)   Maximum Shift 12 hours
14.2 It is recognised, however, that these parameters are intended to apply to work groups
except where local level consultation and/or custom and practice has not developed
business specific rostering arrangements.
14.3 Where agreement cannot be reached about a particular roster the following guidelines will
apply:
a)   Maximum shift length – 10 hours (14 hours including travel time to/from
residence).
b)   Minimum break between shifts – 10 hours.
c)   Maximum number of shifts – 10 in 14 days.
d)   Maximum number of shifts – 19 in 28 days.
e)   Maximum number of consecutive day shifts – 10.
f)   Maximum number of consecutive night shifts – 5 x 8 hour, 4 x 10 hour, and 3 x
12 hour.
g)   Maximum number of 10 hour shifts – 8 in 14 days.
15 ROSTERING PRINCIPLES
15.1 Rosters will be posted 21 days in advance and will only change in an emergency or in
unforeseen circumstances. Employees will be consulted about any changes to their roster.
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The maximum number of times an employee’s shift can be changed is 2 shifts in a 28 day
period.
15.2 Rosters will take account of:
a)  Ordinary shifts to be worked by an employee will be of a maximum length of 10
hours;
b)   The maximum number of consecutive 10 hour shifts that may be rostered is 8;
c)   Except by mutual agreement you will not be rostered to work more than 2
weekends in any 28 day period (for the purposes of this clause, ‘weekend’ means
either a Saturday, a Sunday or both Saturday and Sunday);
d)  The maximum number of consecutive shifts you may be required to work is 10;
e)   Weekend rosters will take consideration of available competencies and
volunteers;
f)   You will not be rostered to work within 10 hours of finishing your last shift;
g)   The maximum number of night shifts and afternoon shifts is:
i.   2 week of night shifts in a 28 day period; or
ii.   2 weeks of afternoon shifts in a 28 day period; or
iii.   1 week of both afternoon and night shifts in a 28 day period.
15.3   Rostering will be based on fatigue management principles which:
a)   Address the opportunity for quantity and quality of sleep, particularly the 'time of
day' effect;
b)   Ensure the number of consecutive shifts (in particular night shifts), shift lengths
and roster periods between shifts are considered in roster compilation; and,
c)   Understand that employees need to balance the competing requirements of their
job with their social and home life.
15.4   Where a Shift is cancelled and/or re-allocated to an alternative day with less than 48 hours
notice, the Employee will be paid a penalty payment of 15% for the reallocated Shift in
addition to all entitlements associated with the Shift.
15.5   The parties acknowledge the variations in business requirements for rostered work across
the Employer's business. These variations need to be addressed through local level
consultation and agreement which addresses business requirements while ensuring
compliance with the rostering principles contained in this Agreement.
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15.6   The allocation of annual leave for a rostered worker should ensure that a minimum of two
(2) weeks annual leave can be taken by staff with school age children within a recognised
school holiday period and to ensure equity in annual leave rostering.
15.7   If the employee is actually rostered during the period nominated, they will be treated as a
rostered worker for the purposes of additional annual leave allocation.
16 ANNUAL LEAVE ACCRUAL FOR ROSTERED WORKERS
16.1   Rostered Workers will attract additional annual leave up to a maximum of one (1) week for
each calendar year which will accrue on the basis of working ten (10) rostered shifts
(ordinary hours) in each 3 month period (i.e.: 1 Jan – 31 Mar) on which a Saturday,
Sunday, public holiday, afternoon or night shift payment is incurred.
16.2   If an Employee does not incur such payment on each of the 4 reconciliation periods in any
year, a pro rata entitlement will accrue at the rate of 1.25 days per period.
17 ROSTERED DAYS OFF
17.1 The ordinary hours of work shall be arranged so as to permit the taking of a rostered day(s)
off which shall operate on the following basis:
a)  Fixing one week day on which employees at a location will be rostered off for an
RDO during a 4 week cycle over 28 consecutive days.
b)  Fixing two week days on which employees at a location will be rostered off for an
RDO during a 4 week cycle over 28 consecutive days.
c)  Rostering each employee off on one week day of a 4 week cycle over 28
consecutive days (RDO).
d)  Rostering each employee off on two week days of a 4 week cycle over 28
consecutive days (RDO).
18 SHIFT WORK
18.1 Afternoon shift is defined as a shift that finishes after 1800 and at or before 2400 hours.
18.2 Night shift is defined as a shift that finishes subsequent to midnight and at or before 0800
hours, or a shift that commences after midnight and at or before 0400.
18.3   An employee rostered to work an afternoon shift will be paid a shift work loading of 20%.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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18.4   An employee rostered to work a night shift will be paid a shift work loading of 25%.
18.5   An employee commencing work between 0400 and 0600 shall, subject to any agreement in
clause 13.4, shall be paid at overtime rates for all time worked between those hours.
18.6   The shift loading applies to the hours worked between Monday and Friday inclusive.
Ordinary hours worked by a shift worker on a Saturday or Sunday shall be paid in
accordance with clause 19.
19 WEEKEND PENALTIES
19.1   All ordinary time (8 hours per day) worked on a Saturday shall be paid at the rate of time
and a half.
19.2   All ordinary time worked on a Sunday shall be paid at the rate of double time.
19.3   Hours worked on Saturday and Sunday will be paid as per 0001 – 2400 on the day they are
worked.
20   OVERTIME
20.1   All hours outside the ordinary hours worked on Monday to Friday inclusive are overtime
and shall be paid at a rate of time and a half for the first 2 hours and double time thereafter.
The double time payment shall continue until the completion of the overtime.
20.2   employees working on Saturday shall be paid at the rate of time and a half for the first 8
hours and double time thereafter.
20.3   All overtime hours worked on a Sunday shall be paid at the rate of double time.
20.4   An employee recalled to work overtime after leaving work (regardless of when notified of
the recall) is to be paid for a minimum of 4 hours work at the rate of time and a half for the
first 2 hours and double time thereafter.
20.5   An employee who is required by Infraworks Services Pty Ltd to be on call and returns to
work from their residence will be paid for the call out at the classification rate for a
minimum of four (4) hours. For the purposes of the minimum payment the first two (2)
hours will be paid at time and one half and then at double time, except that:
•   Any time worked on a Sunday will be paid at double time;
•   Any time worked on a Public Holiday will be paid at time and one half in addition to the
day’s pay an employee otherwise receives.
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Where a call out extends beyond the minimum four (4) hour payment period the employee
will be paid for those hours actually worked commencing from the time the employee is
called until the employee returns home.
20.6   Where overtime is necessary it must, wherever reasonably practicable, be arranged so that
employees have at least 10 consecutive hours off duty between the works of successive
working days. An employee who works so much overtime between the termination of
her/his ordinary work on one day and the commencement of ordinary work on the next day
that the employee has not had at least 10 hours consecutive hours off duty between those
times must, subject to this sub clause, be released after completion of the overtime until the
employee has had 10 consecutive hours off duty without loss of pay for the ordinary time
occurring during such absence.
20.7   If, on the instructions of Infraworks Services Pty Ltd, the employee resumes or continues
work without having had the 10 consecutive hours off duty, the employee must be paid
double time rates until she or he is released from duty for such period. The employee is
then entitled to be absent without loss of pay for ordinary working time occurring during
such absence.
20.8   Employees required to work overtime for more than three (3) hours immediately after
ordinary finishing time, without being notified 24 hours before of the requirement to work,
will either be supplied with a meal by Infraworks Services Pty Ltd or be paid $18 for the
first and each subsequent meal occurring every four hours thereafter. If not required to
work overtime after having been so notified, payment will be as herein prescribed for
meals so provided.
21 MEAL BREAKS
21.1   An employee shall not work any longer than 5 continuous hours without a meal break
21.2   There shall be a meal break of a minimum of 30 minutes for the taking of a meal
21.3   There shall be a rest break of at least 10 minutes between the second and third hours from
the commencement of work. This break shall be paid and form part of ordinary hours.
21.4   An employee engaged in safe working duties will receive a paid 20 minute crib break if
they can’t be released for a 30 minute meal break.
22 LIVING AWAY AND MEAL ALLOWANCES
a)   Employees who are required to work temporarily away from their home depot and/or
residence, which does not permit them to return to their home depot and/or residence
daily and incur the expense of overnight accommodation and meals, will be paid
expenses at the following rates:
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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b)   $170.00 per day increasing to $175 per day commencing on the first anniversary.
c)   Where incomplete days are involved, expenses will be calculated on a “service” basis at
the rate on one quarter of the amount per day for each service for which they have
incurred expenses, where they have been away from home overnight as per clause 22.b)
d)  Service entitlements for living away from home will be calculated as follows;
Breakfast – depart home depot before 0700 and return to home depot after 0800
Lunch – depart home depot before 1300 and return to home depot after 1400
Dinner – depart home depot before 1830 and return to home depot after 1830
Accommodation – depart home depot before 0100 and return to home depot after 0100.
e)   Where an employee incurs reasonable and actual expenses, on a daily basis, supported by
actual receipts, in excess of the above amount, she/he shall be reimbursed by Infraworks
Services Pty Ltd. Accommodation to a three star standard as accredited by the NRMA
will be considered “reasonable” for the purposes of reimbursement. Employees claiming
actuals should seek prior approval from Infraworks Services Pty Ltd.
f)   An employee engaged on work away from their home depot/residence to and from which
she/he can travel daily will be paid a meal allowance of $18 (increasing by 2.5% per
annum on the first anniversary) if they work more than 11 hours on duty for the first and
each subsequent meal occurring every four hours thereafter.
g)   For the purpose of entitlement in clauses 22.a) and 22.d) recognised travelling time will
apply.
23 TRAVELLING TIME
a)   All travelling time (travel out and travel back from residence), including intervening
journeys, where an employee is working at a temporary location from which they are
unable to return home on a daily basis, will be paid at single time rates.
b)   Employees with a home depot who are required to undertake duty temporarily at a
location to and from which they can travel daily, will be paid the time spent travelling to
and from their residence less the travelling that would have been incurred to enable the
same shift to be undertaken at the home depot. The rate at which the excess travelling
time is paid shall be the same as that set out in clause 23.a)
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
18
24 DAILY TRAVELLING TIME
Kilometers Travelled Payment
Less than 40kms No payment
40kms - 50kms $10.82
More than 50kms $10.82 + clause 24.2 application
a)   Except where clauses 23.a or 23.b applies, employees engaged in work who are required
to travel more than 40kms from their place of residence to the worksite on a daily basis,
will be paid as per the following table:
b)   In addition to the payments contained in the table above in clause 24.a) time taken to
travel in excess of 50kms to the worksite will be paid at single time rates. This is to apply
on both inbound and outbound legs of the travel.
c)   Kilometers travelled in excess of 50kms will be calculated at 60kms per hour for paid
time purposes.
d)  Example: An employee travels 80kms to a worksite and 80kms back to their residence on a
daily basis.
i.   Kilometers travelled in excess of 50kms on both inbound and outbound
legs of the travel = 60kms
ii.   60kms calculated at 60kms per hour = 1 hour
iii.   Total payment for the day = $10.82 + 1 hour at your classification rate of
pay.
e)   Employees are required to travel by the most direct route from their place of residence to
their worksite and will not be paid for deviations from the most direct route.
f)   Daily travelling time claims made under this clause must be submitted to Infraworks
Services Pty Ltd within 14 days of the date of travel and must be supported by logbook
entries recording the employee’s daily odometer readings and, where applicable, the daily
time travelled to and from the worksite. No claims received more than 14 days after the
date of travel which is the subject of the claim will be paid by Infraworks Services Pty
Ltd.
g)   Daily travelling time is not payable where the Employee travels in a vehicle supplied by
Infraworks Services Pty Ltd between their residence and the worksite.
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19
25 AMENITIES AND PROTECTIVE CLOTHING
a)   Infraworks Services Pty Ltd will ensure, where appropriate, that amenities including
drinking and boiling water, heating and cooling, ventilation, washing, toiletry and
rest room facilities are available. Hand cleaning facilities shall be provided on site at
all times.
b)   Infraworks Services Pty Ltd will provide each employee with all work and safety
clothing and protective equipment and each employee must ensure that such clothing
and equipment is worn at all necessary times.
c)   Protective Accessories - Safety helmet and eye protection. The clothing issue listed
below will be replaced if required due to fair wear and tear on production of the worn
issue.
d)   Permanent Employees of Infraworks Services Pty Ltd will be provided with:
•   3 shirts
•   3 long pants
•   Safety boots
•   Hard hats and protective brim
•   High visibility reflective safety vests
•   High visibility wet weather coat
•   Safety glasses – Sun UV (Daylight)
•   Safety glasses – Clear (Night)
•   30+ UV Sunscreen
26 TRAINING AND SKILLS DEVELOPMENT
a)   The Parties to the Agreement recognise that in order to increase efficiency and the
competitiveness of Infraworks Services Pty Ltd, a continued commitment to training and
skill development is necessary. Accordingly, the parties commit themselves to
developing a highly skilled and flexible workforce and providing employees with career
opportunities through appropriate training to acquire additional skills required.
b)  Employees will be offered training to enhance their knowledge and skills of existing and
new technologies where such training is required by the employer and is to the benefit of
Infraworks Services Pty Ltd. Such additional training will be provided in accordance
with the overall training program and timeframe.
c)  Permanent employees training, where it is to the benefit of Infraworks Services Pty Ltd
will be paid by Infraworks Services Pty Ltd including re-accreditation of current
qualifications.
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27 SUPERANNUATION
Infraworks Services Pty Ltd will pay superannuation benefits as required by law by making
payments to a complying fund nominated by the employee or to CBUS if the employee
does not nominate a fund.
28 JURY DUTY
a)   A full time employee required to attend for jury service during her/his ordinary hours of
work shall be reimbursed by Infraworks Services Pty Ltd an amount equal to the
difference between the amount paid in respect of the attendance for jury service and the
amount the employee would have received in respect of the ordinary time the employee
would have worked had the employee not been on jury service.
b)   A part time employee required to attend for jury service shall be paid in accordance with
clause 28.1 where the attendance coincides with a day/s on which the employee would
normally be required to work.
c)   Where an employee is required to attend for jury service the employee shall notify
Infraworks Services Pty Ltd as soon as possible of the date upon which the employee is
required to attend.
29 PUBLIC HOLIDAYS
a)   Full time and part time employees are entitled to the following public holidays without
loss of pay.
New Year’s Day
Good Friday
Easter Saturday (only when an employee is rostered to work)
Easter Sunday
Easter Monday
Christmas Day
Boxing Day
Australia Day
Anzac Day
Queen’s Birthday
Labour Day
b)   Where an employee is required to work on a public holiday the employee shall be paid at
the rate of double time and a half, or at the rate of time and a half with a day in lieu to be
taken at a time agreed between Infraworks Services Pty Ltd and the employee.
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21
30 ANNUAL LEAVE
a)   Permanent employees are entitled to 4 weeks, for a day worker and 5 weeks for a rostered
shift worker, paid annual leave for each year of service, subject to clause 30 b). This
entitlement to paid annual leave accrues progressively during a year of service according to a
permanent employee’s ordinary hours of work and accumulates from year to year.
b)   The entitlement to paid annual leave equates to 20 days of annual leave per year for a full-
time employee, and is pro-rated in proportion to the service of part-time employees.
c)   In addition to the leave provided in clause 30 a), an employee employed on shift work is
entitled to an additional week’s annual leave
d)   For the purposes of the additional week’s annual leave, shift work is defined as work
performed during ordinary hours that regularly attract a shift or weekend penalty. In the
event an employee works part of the year as a shift worker, the additional week’s annual
leave shall be applied on a pro rata basis.
e)   Prior to going on leave, the employee shall be paid the wages she/he would have received
in respect of ordinary time had the leave not been taken.
f)   During the period of annual leave, an employee shall receive a loading of 17.5% if a day
worker or 20% if a shift worker. Where an employee spends part of the year as a shift
worker, the 20% loading shall be applied on a pro rata basis.
g)   If a public holiday falls within a period of annual leave, a day is credited to the employee’s
entitlement to annual leave.
h)   In the event an employee falls ill or is injured for a period of a week or more during a period
of annual leave, the employee may request that the period of annual leave be re-credited and
payment for the period be debited against the employee’s sick leave, subject to the
satisfactory production of a medical certificate.
i)   Infraworks Services Pty Ltd and an employee may agree that the employee can take a period
(in whole or part) of annual leave prior to the entitlement accruing. In that case, a further
period of annual leave does not commence to accrue until the expiration of the 12 months in
respect of which the annual leave or part of it had taken before it accrued.
j)   In the event the employee leaves or is terminated prior to completing the required 12 months
continuous service, Infraworks Services Pty Ltd is entitled to deduct from the final payment
any outstanding amount owing from the annual leave.
k)   An employee who, after one week’s continuous service, lawfully leaves the employment of
Infraworks Services Pty Ltd, or is lawfully terminated, or after 12 month’s service leave the
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
22
employment of Infraworks Services Pty Ltd or is terminated for any reason, shall be paid
2.923 hours, for a day worker and 3.653for a rostered shift worker, each 38 ordinary hours
working and in respect of which annual leave had not been granted. This shall include the
annual leave loading.
l)   Annual leave does not apply to casual employees.
31 PERSONAL/CARER’S LEAVE AND COMPASSIONATE LEAVE
The provisions of this clause apply to full time and part time employees, except if the
National Employment Standards specify that the leave is available to casual employees.
Personal/carers leave will be paid in accordance with the National Employment Standards
unless this clause provides more generous entitlements.
Paid personal/carers leave will be available to an employee when they are absent due to:
•   personal illness or injury (sick leave); or
•   to provide care or support to a member of the employee’s immediate family or a member
of the employee’s household who requires care or support (carers leave).
•  Personal/carers leave of 10 days will be available per year of service.
Unused personal/carers leave accumulates from year to year.
30.2   Sick Leave
An employee is entitled to use accumulated personal/carers leave for the purpose of sick
leave.
The employee will provide a medical certificate or other satisfactory evidence to the
employer that the employee was unable, on account of such illness or injury, to attend for
duty on the day to days for which such leave is claimed.
An employee is entitled to 2 days per year absence on personal leave without the
production of a medical certificate. However, the employee shall take no more than 1
consecutive days off in a row without a certificate.
30.3   Carer’s Leave
An employee is entitled to take accumulated personal/carers leave for the purpose of carers
leave. The employee will produce to the employer evidence satisfactory to the employer
concerning the purpose of the leave.
Carers leave will be paid in accordance with the National Employment Standards.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
23
An employee is entitled to 2 days of unpaid carers leave for each occasion when a member
of the employee’s immediate family, or a member of the employee’s household, requires
care or support because of:
•   A personal illness, or personal injury, affecting the member; or
•   An unexpected emergency affecting the member.
An employee cannot take unpaid carers leave during a particular period if the employee
could instead take paid personal/carers leave.
30.4   Compassionate leave
An employee is entitled to 2 paid days of compassionate leave for each occasion when a
member of the employee’s immediate family or a member of the employee’s household:
•   Contracts or develops a personal illness that poses a serious threat to his or her life; or
•   Sustains a personal injury that poses a serious threat to her or his life; or
•   Dies.
Where the employee travels in excess of 500 kilometers from their place of residence to
attend the funeral, such maximum shall be increased to three paid days.
30.5   Immediate family or household
The entitlement to use compassionate leave is subject to the person being either:
•   a member of the employee’s immediate family; or
•   a member of the employee’s household.
30.6   The term immediate family includes:
•   Spouse (including a former spouse, a de facto spouse and a former de fact spouse) of the
employee. A de facto spouse means a person of the opposite sex to the employee who
lives with the employee as the employee’s husband or wife on a bona fide domestic basis,
or same sex couple living together on the same basis; and
•   Child or an adult child (including an adopted child, a step child or an ex-nuptial child),
parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
PARENTAL LEAVE AND RELATED ENTITLEMENTS
Employees shall be entitled to parental leave in accordance with the National Employment
Standards contained within the Fair Work Act 2009 and to such paid entitlements as they
may be eligible to receive pursuant to the provisions of the Paid Parental Leave Act 2010.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
24
LONG SERVICE LEAVE
Long service leave shall accrue in accordance with the provisions of the Long Service Leave
Act 1955 (NSW), as amended.
31 CONSULTATION TERM
(1)This term applies if the employer:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise that is
likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work
of employees.
Major change
(2) For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees of the decision to introduce
the major change; and
(b) subclauses (3) to (9) apply.
(3) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(4) If:
(a) a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
(5) As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of
the change on the employees; and
(b) for the purposes of the discussion—provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
25
(ii) information about the expected effects of the change on the employees; and
(iii) any other matters likely to affect the employees.
(6) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(7) The employer must give prompt and genuine consideration to matters raised about
the major change by the relevant employees.
(8) If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer, the
requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to
apply.
(9) In this term, a major change is likely to have a significant effect on employees if it
results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer’s workforce
or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
(10) For a change referred to in paragraph (1)(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subclauses (11) to (15) apply.
(11) The relevant employees may appoint a representative for the purposes of the
procedures in this term.
(12) If:
(a) a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
(13) As soon as practicable after proposing to introduce the change, the employer must:
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
26
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion—provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change; and
(ii) information about what the employer reasonably believes will be the
effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably believes
are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the change
(including any impact in relation to their family or caring responsibilities).
(14) However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to matters raised about
the change by the relevant employees.
(16) In this term:
relevant employees means the employees who may be affected by a change referred
to in subclause (1).
32 WORK PLACE REPRESENTATIVES
Reasonable Time to Discuss Issues
Where team Members at the workplace have elected a workplace representative to
represent the members in employment related matters the employer shall provide the
representative’s reasonable time to discuss those matters with the Members and
management.
Facilities Available
To facilitate the representative’s role the company will allow workplace delegates
reasonable access to telephone, facsimile, photocopying and email services for the
purposes of carrying out their role. Use of resources by workplace representatives will be
subject to the representative complying with the prevailing company policy provisions
and the specific directions of the manager (neither of which shall impose unreasonable
restriction on the operation of this clause).
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
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33 DISPUTE SETTLING PROCEDURE
(1)If a dispute relates to:
(a) a matter arising under the agreement; or
(b) the National Employment Standards;
this term sets out procedures to settle the dispute.
(2) An employee who is a party to the dispute may appoint a representative for the
purposes of the procedures in this term.
(3) In the first instance, the parties to the dispute must try to resolve the dispute at the
workplace level, by discussions between the employee or employees and relevant
supervisors and/or management.
(4) If discussions at the workplace level do not resolve the dispute, a party to the dispute
may refer the matter to Fair Work Commission.
(5) The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it considers
appropriate, including by mediation, conciliation, expressing an opinion or
making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the
Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note: If Fair Work Commission arbitrates the dispute, it may also use the powers
that are available to it under the Act.
A decision that Fair Work Commission makes when arbitrating a dispute is a
decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may
be made against the decision.
A decision that Fair Work Commission makes when arbitrating a dispute is a decision
for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made
against the decision.
The Fair Work Commission cannot make any recommendation and or arbitrate an
outcome that is inconsistent with the National/State Code of practice for the
construction industry or its implementation guidelines.
(6) While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform his or her work as he or she would
normally unless he or she has a reasonable concern about an imminent risk to his
or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform
other available work at the same workplace, or at another workplace, unless:
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
28
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the
work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply
with the direction.
(7) The parties to the dispute agree to be bound by a decision made by Fair Work
Commission in accordance with this term.
34 INDIVIDUAL FLEXIBILTY ARRANGEMENT
(1) An employer and employee covered by this enterprise agreement may agree to make
an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed including rosters;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading;
(vi) the introduction of flat rates of pay;
(vii) the basis for payment of wages including pay and or averaging of hours
arrangements; and
(b) the arrangement meets the genuine needs of the employer and employee in
relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
(2) The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no
arrangement was made.
(3) The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of
age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement;
and
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
29
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual flexibility arrangement
within 14 days after it is agreed to.
(5) The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the
arrangement; or
(b) if the employer and employee agree in writing — at any time.
35 COUNSELLING AND DISCIPLINARY PROCEDURES
Disciplinary inquiries and investigations shall be confidential.
Process:
Any internal investigation in relation to a matter or incident by the Company that may
lead to disciplinary action being taken against an employee must apply the principles of
natural justice and due process, including:
a)   The employee being made fully aware in writing of the allegations that are the
subject of investigation;
b)   The employee being provided with sufficient information to enable the provision
of an informed response.
c)   The employee being informed of their entitlement to have a representative present
as a witness/support person at any meetings/interviews, if so requested;
d)   The employee being given reasonable time (minimum 7 calendar days) to prepare
a response to the allegations that are the subject of the investigation;
If the Company suspends an employee while undertaking an investigation, the employee
may be suspended and paid as per roster until an outcome is achieved. The disciplinary
counseling procedures may warrant the involvement of barristers and/or solicitors if either
party so chooses.
Employees under investigation may be subject to the following action during the
investigation:
a)   Suspension from duty with no reduction of pay; or
b)   Placed on alternative duties; or
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
30
c)   Re-assessed and returned to normal duties.
Step 1. Written Warning/Counselling
When the Company has concern regarding the conduct of an employee, the Company shall
undertake an investigation into the issues pertaining to the unsatisfactory conduct. The
employee will be given the opportunity to provide an explanation. The Company will
consider this explanation and relevant facts in making its determination. Based on its
determination, the Company may verbally warn the employee, which shall be documented
and signed by the employee in acknowledgement of sighting the warning with a copy
placed on the employee’s personnel file. The employee under counselling shall be made
aware of the standards of improvement in conducts that is to be made. If after 6 months
from the date of verbal warning the Company determines that the conduct has been
satisfactory, the Employee will be advised that the written record of the warning has been
removed from the employee’s personnel file.
Step 2. Second Written Warning
If the employee fails to meet the agreed standards of improvement in accordance with Step
1, or if the Company has a second concern about the conduct of the employee, the
Company shall undertake an investigation into the issues pertaining to the unsatisfactory
conduct. The employee will be given the opportunity to provide an explanation. The
Company will consider this explanation and relevant facts in making its determination.
Based on its determination, the Company may provide the employee with a written
warning, which shall be documented and signed by the employee in acknowledgement of
sighting the warning with a copy placed on the employee’s personnel file. The employee
receiving the written warning shall be made aware of the standards of improvement in
conduct that is to be made. If after 9 months from the date of written warning the Company
determines that the conduct has been satisfactory; the Employee will be advised that the
written warning has be removed from the employee’s personnel file.
Step 3. Final Written Warning
If the employee fails to meet the agreed standards of improvement in accordance with Step
2, or if the Company has a third concern about the conduct of the employee, the Company
shall undertake an investigation into the issues pertaining to the unsatisfactory conduct.
The employee will be given the opportunity to provide an explanation. The Company will
consider this explanation and relevant facts in making its determination. Based on its
determination, the Company may provide the employee with a written warning, which
shall be documented and signed by the employee in acknowledgement of sighting the
warning with a copy placed on the employee’s personnel file. The employee receiving the
written warning shall be made aware of the standards of improvement in conduct that is to
be made. If after 12 months from the date of written warning the Company determines that
the conduct has been satisfactory; the Employee will be advised that the written warning
has be removed from the employee’s personnel file.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
31
Step 4. Dismissal
If the employee fails to meet the agreed standards of improvement in accordance with Step
3, or if the Company has a further concern about the conduct of the employee, the
Company shall undertake an investigation into the issues pertaining to the unsatisfactory
conduct. The employee will be given the opportunity to provide an explanation. The
Company will consider this explanation and relevant facts in making its determination.
Based on its determination, the Company may dismiss the employee with a written notice
of termination or offer the employee the choice to resign.
Serious breaches in this context refer to breaches that for which it is not reasonable that a
second breach would be tolerated and include such breaches that are likely to significantly
put at risk other persons or the environment.
36 HEALTH STANDARDS
a)   Rail safety worker Employees are required to attend health assessments, any tests and/ or
follow-up medical assessments necessary to determine their fitness for rail safety work in
a timely manner. This clause applies to all employees directed to perform work falling
within the definition of rail safety work covered by the National Standards for Health
Assessment of Rail Safety Workers.
Employer mandated testing
b)   The Employer shall be responsible for the costs of all medical tests, where such tests are
undertaken at the Employer’s direction up to $500.00 per annum except for casual
employees who have worked less than 494 hours.
c)   Medical tests will be undertaken during working time. Should an Employee be required
to undergo a medical test outside their ordinary working hours, or a medical test extends
beyond the rostered ordinary hours, then they will be entitled to payment under the
applicable provisions of this Agreement for the additional time incurred. Employees will,
where entitled, be paid for travelling time in accordance with relevant provisions.
Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018
32
37 SIGNATORIES
Signed for and on behalf of Infraworks Services Pty Ltd
…………………………………………………………….......................................................
Signature of authorised person Position/Title
................................................................... …………………................................................
Name of authorised person
................................................................... ………………………….. ..................................
Address
................................................................... ………………………….. ..................................
(Date)
Note: the above person is authorised by Infraworks Services Pty Ltd to sign the Agreement on
its behalf.
Signed for and on behalf of the Employees
…………………………………………………………….......................................................
Signature of authorised person Position/Title
................................................................... …………………................................................
Name of authorised person
................................................................... ………………………….. ..................................
Address
................................................................... ………………………….. ..................................
(Date)

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Infraworks services safeworking ea 2018

  • 1. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 1 INFRAWORKS SERVICES PTY LTD RAIL SAFEWORKING PERSONNEL NEW SOUTH WALES ENTERPRISE AGREEMENT 2018
  • 2. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 2 Table  of  Contents   1.   TITLE  ...........................................................................................................................................  3   2.   PARTIES  BOUND  .........................................................................................................................  3   3.   SCOPE  OF  AGREEMENT  ..............................................................................................................  3   4.   DEFINITIONS  ..............................................................................................................................  3   5.   COMMENCEMENT  DATE  AND  PERIOD  OF  OPERATION  ..............................................................  5   6.   CATEGORIES  OF  EMPLOYMENT  ..................................................................................................  6   7.   TERMINATION  OF  EMPLOYMENT  ...............................................................................................  7   8.   REDUNDANCY  ............................................................................................................................  8   8A   TRANSFER  OF  BUSINESS  .........................................................................................................  8   9   CLASSIFICATIONS  .......................................................................................................................  9   10   RATES  OF  PAY  ............................................................................................................................  9   11   ALLOWANCES  ...........................................................................................................................  10   12   ACTING  IN  A  HIGHER  GRADE  ....................................................................................................  11   13   HOURS  OF  WORK  .....................................................................................................................  11   14   ROSTERING  PARAMETERS  -­‐  SHIFTWORK  ..................................................................................  12   15   ROSTERING  PRINCIPLES............................................................................................................  12   16   ANNUAL  LEAVE  ACCRUAL  FOR  ROSTERED  WORKERS  ...............................................................  14   17   ROSTERED  DAYS  OFF  ................................................................................................................  14   18   SHIFT  WORK  .............................................................................................................................  14   19   WEEKEND  PENALTIES  ...............................................................................................................  15   20   OVERTIME  ................................................................................................................................  15   21   MEAL  BREAKS...........................................................................................................................  16   22   LIVING  AWAY  AND  MEAL  ALLOWANCES  ..................................................................................  16   23   TRAVELLING  TIME  ....................................................................................................................  17   24   DAILY  TRAVELLING  TIME  ..........................................................................................................  18   25   AMENITIES  AND  PROTECTIVE  CLOTHING  .................................................................................  19   26   TRAINING  AND  SKILLS  DEVELOPMENT  .....................................................................................  19   27   SUPERANNUATION  ..................................................................................................................  20   28   JURY  DUTY  ...............................................................................................................................  20   29   PUBLIC  HOLIDAYS.....................................................................................................................  20   30   ANNUAL  LEAVE  ........................................................................................................................  21   31   PERSONAL/CARER’S  LEAVE  AND  COMPASSIONATE  LEAVE  ......................................................  22   31   CONSULTATION  TERM..............................................................................................................  24   32   WORK  PLACE  REPRESENTATIVES  ..............................................................................................  26   33   DISPUTE  SETTLING  PROCEDURE  ...............................................................................................  27   34   INDIVIDUAL  FLEXIBILTY  ARRANGEMENT  ..................................................................................  28   35   COUNSELLING  AND  DISCIPLINARY  PROCEDURES  .....................................................................  29   36   HEALTH  STANDARDS  ................................................................................................................  31   37   SIGNATORIES  ...........................................................................................................................  32  
  • 3. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 3 1.  TITLE This agreement shall be known as the Infraworks Services Pty Ltd Rail Safe Working Personnel New South Wales Enterprise Agreement 2018. 2.  PARTIES BOUND This agreement shall be binding upon Infraworks Services Pty Ltd, employees of Infraworks Services Pty Ltd who work as worksite protection officers, as described in clause 9 of this agreement, in New South Wales. 3.  SCOPE OF AGREEMENT This agreement will apply to the employer and to its employees engaged in the classifications contained in this Agreement in respect to rail safeworking in the state of New South Wales (NSW). This agreement replaces all other previous agreements and the award that applied to the employees of Infraworks Services Pty Ltd. This agreement is to operate in conjunction with the NES. 4.  DEFINITIONS In this agreement: Act means the Fair Work Act 2009 (Cth), as amended from time to time. Agreement means the Infraworks Services Pty Ltd Safeworking Personnel New South Wales Enterprise Agreement Casual Employee means a person who is appointed by the Company to be a casual employee and paid a casual loading to compensate them for the casual nature of their employment including having no entitlement to paid annual leave, personal/carer’s leave, redundancy payments, compassionate leave or paid public holiday leave. Company means Infraworks Services Pty Ltd ABN 30133681053 Employee or employees means a person employed by Infraworks Services Pty Ltd as a casual, part-time, temporary or permanent basis and whose employment is covered by this agreement. Employer means Infraworks Services Pty Ltd.
  • 4. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 4 Full Rate of Pay means the same as defined by the Act. FWC means Fair Work Commission Home Depot means the depot to which an employee is appointed upon commencement, or as otherwise agreed with the employee to be an employee’s normal place of work they are usually required to attend on a daily basis. Immediate Family means an employee’s spouse, and the employee’s or the employee’s spouse’s child, parent, grandparent, grandchild or brother or sister. This includes a de facto partner (regardless of gender), former spouses and former de facto partners, and those to whom the employee has a step or adoptive relationship. NES means the National Employment Standards, as set out in or determined pursuant to the Act, as amended from time to time. The NES will prevail over this agreement where, in a particular respect, it provides a more favourable outcome for the employees as prescribed in accordance with the Act. Ordinary Hours means the hours of work described in Clause 13 of this agreement. Overtime means work performed outside of or in addition to an employee’s ordinary hours. Part Time Employee means an employee employed for less than an average of 38 hours per week and receiving a corresponding proportion of a full time employees pay and leave according to their part time hours of work. Project Site means a site where work is undertaken and is not part of the Maintenance & Renewals program and the project value is equal to or greater than $2.4m. The parties agree to consult where required to clarify whether work to be undertaken is considered to be project activity for the purposes of this clause. Redundancy means the Company has made a definite decision that it no longer wishes the job an employee has been doing done by anyone. Redundancy only applies to permanent or part time permanent employees. Residential Depot means the employee’s normal residence. Retrenchment means the termination of employment by reason of redundancy. Roster means a work schedule containing the ordinary and overtime hours of work required of an employee over a period of time along with the RDOs, public holidays and other days of approved leave falling during that period. Rostered Day Off (RDO) means a week day not worked as a result of the operation of a method of working a 38 hour week where sufficient extra ordinary time is worked on a number of days and accrued to allow for the day off.
  • 5. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 5 Rostered Worker means an employee who has agreed with the Company to be rostered to work their ordinary time on any day of the week and weekends and at nights. Shiftwork: Afternoon Shift means any shift finishing after 1800 hours and at or before 2400 hours. Continuous Shift worker means an employee who is employed in a business in which shifts are continuously rostered 24 hours a day for 7 days a week; and •   is regularly rostered to work those shifts; and •   regularly works on Saturdays, nights, afternoons, Sundays and public holidays. Afternoon Shift and Night Shift work means any system of work which is being carried out on a regular scheduled basis outside ordinary hours of work for a day worker 0600- 1800, for a minimum of five consecutive shifts. (for the purposes of Annual Leave calculations) Night shift means a shift that finishes subsequent to midnight and at or before 0800 hours, or a shift that commences after midnight and at or before 0400. Temporary depot means a place of work assigned to an employee by the Company as a temporary replacement for the employee’s home depot. A temporary depot can be accommodation provided to an employee when they are required to work away from their normal residence. Union means an industrial organisation of employees that has a constitutional ability to cover an employee employed under this agreement in this case being the Rail Tram and Bus Union NSW Branch. Union Delegate means an employee union representative. 5.  COMMENCEMENT DATE AND PERIOD OF OPERATION a)   This agreement operates from seven days after Fair Work Commission approves the agreement in accordance with the Fair Work Act 2009 (Cth) (Act). b)   The nominal expiry date of the agreement is 1st July 2022. c)   The parties agree to commence negotiations for a replacement agreement 3 months prior to the nominal expiry date of this agreement.
  • 6. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 6 6.  CATEGORIES OF EMPLOYMENT a)   An employee may be engaged in one of the following categories. b)   An employee shall be specifically engaged as a full time, part time, casual or temporary employee. c)   Employees not specifically engaged as casuals shall be employed as Full Time employees: i.e. employed by the week. d)   A casual employee is an employee engaged on an hourly basis. For ordinary working time, a casual employee shall be paid an hourly rate as prescribed in Infraworks Services Pty Ltd classification structure for the work performed, plus a loading of 25%. The loading constitutes part of the casual employee’s all purpose rate. A casual employee shall be paid for a minimum of 4 hours’ work on any one day. The termination of employment of a casual employee shall be on an hour’s notice given by either party. e)   A part time employee is an employee engaged to work a regular pattern of hours which shall average less than 38 per week. A part time employee shall be engaged for a minimum of three (3) consecutive hours per shift. The number of minimum hours per shift may be varied by agreement between the employee and Infraworks Services Pty Ltd. f)   Before commencing employment, the employee and Infraworks Services Pty Ltd shall agree upon the hours to be worked, the days upon which they will be worked, the commencing and finishing times for the work, and the classification applying to the employee for the work performed. g)   A part-time employee will be paid overtime rates for all hours worked in excess of the agreed hours above. h)   An employee may be engaged on a full time or part time basis for a specific period of time or for specific tasks, hereinafter referred to as employment on a temporary basis. The details of the specific period or specific tasks shall be set out in writing with a copy being kept by Infraworks Services Pty Ltd and the employee. An employee engaged in this way will be regarded as a full time or part time employee. i)   A full time, part time employee or temporary employee shall be engaged for a period of probationary employment for a period of 3 months. Employment may be terminated during a probationary period by either party giving a week’s notice. An employee on a period of probation is for all purposes of the agreement a full time, part time employee or temporary employee. A period of probation forms part of an employee’s period of continuous service.
  • 7. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 7 j)  The Company will conduct inductions in order that employees are made familiar with the work at hand and to ensure that employees are familiar with the Company's operation and its methods of work. 7.  TERMINATION OF EMPLOYMENT In the event of termination of employment by Infraworks Services Pty Ltd it shall give the employee the following period of notice in accordance with the national employment standards (NES); Period of Service Period of Notice 1 year or less 1 week Over 1 year up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years 4 weeks a)   In addition to the notice in the table above, employees over 45 years of age, who have not less than two years’ service at the time of the giving of notice, are entitled to an additional week’s notice. b)   In the event of termination of employment by the employee, the employee shall give the employer a week’s notice. If the employee fails to give notice, the employer has the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice. Payment in lieu of the notice shall be equal to the wages the employee would have received in respect of the ordinary time he/she would have worked during the period of notice, had their employment not been terminated. Infraworks Services Pty Ltd has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this agreement are to be paid up to the time of dismissal only. c)   Where an employee has been given notice by the Company, the employee shall be allowed up to one day’s time off without loss of pay for the purposes of seeking other employment. The time off shall be taken at a time of mutual convenience between the employer and the employee. An employee engaged on a casual basis or an employee upon completion of a period of temporary employment is not entitled to receive notice of termination other than in accordance with this agreement.
  • 8. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 8 8.  REDUNDANCY 8.1   Clause 8 shall not apply to a casual employee, or to an employee employed on a temporary basis, or to an employee whose employment is terminated as a consequence of serious misconduct that justifies summary dismissal. 8.2   A redundancy situation is a situation where Infraworks Services Pty Ltd no longer wishes the job the employee has been performing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision leads to the termination of employment of the employee. The employer gives the undertaking that under clause 8.2 of the agreement the provisions for redundancy will be in accordance with the national employment standards (NES); Period of Continuous Service Redundancy Pay Period Less than 1 year Nil 1 year but not less than 2 years 4 weeks 2 years but not less than 3 years 6 weeks 3 years but not less than 4 years 7 weeks 4 years but not less than 5 years 8 weeks 5 years but not less than 6 years 10 weeks 6 years but not less than 7 years 11 weeks 7 years but not less than 8 years 13 weeks 8 years but not less than 9 years 14 weeks 9 years but not less than 10 years 16 weeks 10 years and over 12 weeks 8.3   An employee in a redundancy situation may terminate her/his employment during the period of notice, with one weeks notice and, if so, shall be entitled to the same benefits and payments under this clause had they remained until the expiry of the notice period. Provided that in those circumstances an employee is not entitled to payment in lieu of notice. 8A TRANSFER OF BUSINESS In the event of a transfer of business between a former employer and Infraworks Services Pty Ltd, or between Infraworks Services Pty Ltd and a subsequent employer, Part 2-8 of the Fair Work Act 2009 (Cth) shall govern the calculation of length of service in respect of all relevant statutory and other entitlements under this Agreement.
  • 9. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 9 9 CLASSIFICATIONS 9.1 Classification Descriptions CLASSIFICATIONS JOB DESCIPTION Level 1 Handsignaller Level 1 Level 2 Handsignaller Level 2 Level 3 Protection Officer Level 1 Level 4 Protection Officer Level 2 Level 5 Protection Officer Level 3-4 Level 6 Traffic Officer/Track Examiner 10 RATES OF PAY Pay rates applicable from the commencement of this agreement. On#approval 106.5% Classification Hourly#Rate#$ Casual#Rate#$ Level#1 $24.54 $30.67 Level#2 $25.45 $31.82 Level#3 $26.09 $32.62 Level#4 $27.26 $34.08 Level#5 $30.67 $38.34 Level#6 $36.28 $45.36 First&anniversary 102.5% Classification Hourly&Rate&$ Casual&Rate&$ Level&1 $25.15 $31.44 Level&2 $26.09 $32.62 Level&3 $26.74 $33.44 Level&4 $27.95 $34.93 Level&5 $31.44 $39.30 Level&6 $37.19 $46.49
  • 10. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 10 Payment of wages due will be paid by electronic funds transfer into the employee’s nominated bank/financial institution account/s. Wages will be paid weekly and available no later than close of business on a Friday. Employees will receive a pay advice as soon as practicable on or after pay day. Time and Wages Records will be in accordance with statutory requirements. The Company shall keep appropriate time and wages records for each employee. 11 ALLOWANCES a)   First Aid Allowance. An employee holding appropriate first aid qualifications shall be paid an allowance of $2.92 (increasing by 2.5% per annum commencing on the first anniversary) per shift for each shift the officer is designated to attend first aid requirements on a shift. b)   Personal Phone Allowance A phone allowance of $6.00 increasing to $7.00 on the first anniversary per shift will be paid to employees who are required by Infraworks Services Pty Ltd to use their personal phone to perform their job. c)   On Call Allowance. Second'anniversary 102.5% Classification Hourly'Rate'$ Casual'Rate'$ Level'1 $25.78 $32.22 Level'2 $26.74 $33.43 Level'3 $27.41 $34.27 Level'4 $28.64 $35.81 Level'5 $32.22 $40.28 Level'6 $38.12 $47.65 Third&anniversary 102.5% Classification Hourly&Rate&$ Casual&Rate&$ Level&1 $26.42 $33.03 Level&2 $27.41 $34.27 Level&3 $28.10 $35.13 Level&4 $29.36 $36.70 Level&5 $33.03 $41.29 Level&6 $39.07 $48.85
  • 11. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 11 An employee who is required by Infraworks Services Pty Ltd to be available to return to work outside the ordinary rostered hours shall be paid an on call allowance of $24.86 when on call for a rostered day or shift and $37.35 when on call on a non rostered day or shift. d)   Electrical Permit Holder Allowance An employee who is required to hold a permit, in addition to carrying out other duties will be paid $10.82 per shift increasing by 2.5% per annum commencing on the first anniversary. 11.1 Tunnel Money Allowance 11.1.1 Employees when working in the Eveleigh Dive or in tunnels over 400 metres in length will be paid an allowance of fifty – four (54) cents per hour increasing by 2.5% per annum commencing on the first anniversary. 11.1.2 Where the time in a tunnel is 30 minutes or more, a minimum of one (1) hour will be paid at the additional rate but where the time in a tunnel is less than 30 minutes no additional rate will be payable under this clause. No claims received more than 14 days after the date of the allowance which is subject of the claim will be paid by Infraworks Services Pty Ltd. 12 ACTING IN A HIGHER GRADE 12.1 Where an employee acts in a higher grade for 2 or more hours on any one day, the employee shall be paid at the higher rate for that day. 12.2 If the employee works in a higher grade for less than 2 hours on any day, the employee shall be paid at the higher rate for the time actually worked. 13 HOURS OF WORK 13.1 The ordinary hours of work for full-time employees are 38 hours Monday to Friday. 13.2 The span of ordinary hours is from 0600 to 1800 Monday to Friday, except for designated shift work and rostered work. 13.3 The provisions specified in clauses 13.1 & 13.2 above may be varied by mutual agreement between the employer and the majority of its employees. 13.4 To avoid doubt, the ordinary hours of work for a casual employee shall be 8 hours per day Monday to Friday.
  • 12. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 12 13.5 The ordinary hours of work for full-time employees who are rostered worker employees are 38 hours per week, 152 hours over 28 days. 13.5.1 A rostered worker is an employee who has mutual agreement with the employer to be rostered. 13.5.2 A rostered worker is an employee who has been rostered to work on the following basis: a)   The company will provide employees with as much notice as possible in advance of a one (1) pay cycle period. For planned works a minimum of 21 days will be applied. 14 ROSTERING PARAMETERS - SHIFTWORK 14.1 Rostering parameters are outlined below: a)   Minimum Shift 8 hours b)   Maximum Shift 12 hours 14.2 It is recognised, however, that these parameters are intended to apply to work groups except where local level consultation and/or custom and practice has not developed business specific rostering arrangements. 14.3 Where agreement cannot be reached about a particular roster the following guidelines will apply: a)   Maximum shift length – 10 hours (14 hours including travel time to/from residence). b)   Minimum break between shifts – 10 hours. c)   Maximum number of shifts – 10 in 14 days. d)   Maximum number of shifts – 19 in 28 days. e)   Maximum number of consecutive day shifts – 10. f)   Maximum number of consecutive night shifts – 5 x 8 hour, 4 x 10 hour, and 3 x 12 hour. g)   Maximum number of 10 hour shifts – 8 in 14 days. 15 ROSTERING PRINCIPLES 15.1 Rosters will be posted 21 days in advance and will only change in an emergency or in unforeseen circumstances. Employees will be consulted about any changes to their roster.
  • 13. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 13 The maximum number of times an employee’s shift can be changed is 2 shifts in a 28 day period. 15.2 Rosters will take account of: a)  Ordinary shifts to be worked by an employee will be of a maximum length of 10 hours; b)   The maximum number of consecutive 10 hour shifts that may be rostered is 8; c)   Except by mutual agreement you will not be rostered to work more than 2 weekends in any 28 day period (for the purposes of this clause, ‘weekend’ means either a Saturday, a Sunday or both Saturday and Sunday); d)  The maximum number of consecutive shifts you may be required to work is 10; e)   Weekend rosters will take consideration of available competencies and volunteers; f)   You will not be rostered to work within 10 hours of finishing your last shift; g)   The maximum number of night shifts and afternoon shifts is: i.   2 week of night shifts in a 28 day period; or ii.   2 weeks of afternoon shifts in a 28 day period; or iii.   1 week of both afternoon and night shifts in a 28 day period. 15.3   Rostering will be based on fatigue management principles which: a)   Address the opportunity for quantity and quality of sleep, particularly the 'time of day' effect; b)   Ensure the number of consecutive shifts (in particular night shifts), shift lengths and roster periods between shifts are considered in roster compilation; and, c)   Understand that employees need to balance the competing requirements of their job with their social and home life. 15.4   Where a Shift is cancelled and/or re-allocated to an alternative day with less than 48 hours notice, the Employee will be paid a penalty payment of 15% for the reallocated Shift in addition to all entitlements associated with the Shift. 15.5   The parties acknowledge the variations in business requirements for rostered work across the Employer's business. These variations need to be addressed through local level consultation and agreement which addresses business requirements while ensuring compliance with the rostering principles contained in this Agreement.
  • 14. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 14 15.6   The allocation of annual leave for a rostered worker should ensure that a minimum of two (2) weeks annual leave can be taken by staff with school age children within a recognised school holiday period and to ensure equity in annual leave rostering. 15.7   If the employee is actually rostered during the period nominated, they will be treated as a rostered worker for the purposes of additional annual leave allocation. 16 ANNUAL LEAVE ACCRUAL FOR ROSTERED WORKERS 16.1   Rostered Workers will attract additional annual leave up to a maximum of one (1) week for each calendar year which will accrue on the basis of working ten (10) rostered shifts (ordinary hours) in each 3 month period (i.e.: 1 Jan – 31 Mar) on which a Saturday, Sunday, public holiday, afternoon or night shift payment is incurred. 16.2   If an Employee does not incur such payment on each of the 4 reconciliation periods in any year, a pro rata entitlement will accrue at the rate of 1.25 days per period. 17 ROSTERED DAYS OFF 17.1 The ordinary hours of work shall be arranged so as to permit the taking of a rostered day(s) off which shall operate on the following basis: a)  Fixing one week day on which employees at a location will be rostered off for an RDO during a 4 week cycle over 28 consecutive days. b)  Fixing two week days on which employees at a location will be rostered off for an RDO during a 4 week cycle over 28 consecutive days. c)  Rostering each employee off on one week day of a 4 week cycle over 28 consecutive days (RDO). d)  Rostering each employee off on two week days of a 4 week cycle over 28 consecutive days (RDO). 18 SHIFT WORK 18.1 Afternoon shift is defined as a shift that finishes after 1800 and at or before 2400 hours. 18.2 Night shift is defined as a shift that finishes subsequent to midnight and at or before 0800 hours, or a shift that commences after midnight and at or before 0400. 18.3   An employee rostered to work an afternoon shift will be paid a shift work loading of 20%.
  • 15. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 15 18.4   An employee rostered to work a night shift will be paid a shift work loading of 25%. 18.5   An employee commencing work between 0400 and 0600 shall, subject to any agreement in clause 13.4, shall be paid at overtime rates for all time worked between those hours. 18.6   The shift loading applies to the hours worked between Monday and Friday inclusive. Ordinary hours worked by a shift worker on a Saturday or Sunday shall be paid in accordance with clause 19. 19 WEEKEND PENALTIES 19.1   All ordinary time (8 hours per day) worked on a Saturday shall be paid at the rate of time and a half. 19.2   All ordinary time worked on a Sunday shall be paid at the rate of double time. 19.3   Hours worked on Saturday and Sunday will be paid as per 0001 – 2400 on the day they are worked. 20   OVERTIME 20.1   All hours outside the ordinary hours worked on Monday to Friday inclusive are overtime and shall be paid at a rate of time and a half for the first 2 hours and double time thereafter. The double time payment shall continue until the completion of the overtime. 20.2   employees working on Saturday shall be paid at the rate of time and a half for the first 8 hours and double time thereafter. 20.3   All overtime hours worked on a Sunday shall be paid at the rate of double time. 20.4   An employee recalled to work overtime after leaving work (regardless of when notified of the recall) is to be paid for a minimum of 4 hours work at the rate of time and a half for the first 2 hours and double time thereafter. 20.5   An employee who is required by Infraworks Services Pty Ltd to be on call and returns to work from their residence will be paid for the call out at the classification rate for a minimum of four (4) hours. For the purposes of the minimum payment the first two (2) hours will be paid at time and one half and then at double time, except that: •   Any time worked on a Sunday will be paid at double time; •   Any time worked on a Public Holiday will be paid at time and one half in addition to the day’s pay an employee otherwise receives.
  • 16. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 16 Where a call out extends beyond the minimum four (4) hour payment period the employee will be paid for those hours actually worked commencing from the time the employee is called until the employee returns home. 20.6   Where overtime is necessary it must, wherever reasonably practicable, be arranged so that employees have at least 10 consecutive hours off duty between the works of successive working days. An employee who works so much overtime between the termination of her/his ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least 10 hours consecutive hours off duty between those times must, subject to this sub clause, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for the ordinary time occurring during such absence. 20.7   If, on the instructions of Infraworks Services Pty Ltd, the employee resumes or continues work without having had the 10 consecutive hours off duty, the employee must be paid double time rates until she or he is released from duty for such period. The employee is then entitled to be absent without loss of pay for ordinary working time occurring during such absence. 20.8   Employees required to work overtime for more than three (3) hours immediately after ordinary finishing time, without being notified 24 hours before of the requirement to work, will either be supplied with a meal by Infraworks Services Pty Ltd or be paid $18 for the first and each subsequent meal occurring every four hours thereafter. If not required to work overtime after having been so notified, payment will be as herein prescribed for meals so provided. 21 MEAL BREAKS 21.1   An employee shall not work any longer than 5 continuous hours without a meal break 21.2   There shall be a meal break of a minimum of 30 minutes for the taking of a meal 21.3   There shall be a rest break of at least 10 minutes between the second and third hours from the commencement of work. This break shall be paid and form part of ordinary hours. 21.4   An employee engaged in safe working duties will receive a paid 20 minute crib break if they can’t be released for a 30 minute meal break. 22 LIVING AWAY AND MEAL ALLOWANCES a)   Employees who are required to work temporarily away from their home depot and/or residence, which does not permit them to return to their home depot and/or residence daily and incur the expense of overnight accommodation and meals, will be paid expenses at the following rates:
  • 17. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 17 b)   $170.00 per day increasing to $175 per day commencing on the first anniversary. c)   Where incomplete days are involved, expenses will be calculated on a “service” basis at the rate on one quarter of the amount per day for each service for which they have incurred expenses, where they have been away from home overnight as per clause 22.b) d)  Service entitlements for living away from home will be calculated as follows; Breakfast – depart home depot before 0700 and return to home depot after 0800 Lunch – depart home depot before 1300 and return to home depot after 1400 Dinner – depart home depot before 1830 and return to home depot after 1830 Accommodation – depart home depot before 0100 and return to home depot after 0100. e)   Where an employee incurs reasonable and actual expenses, on a daily basis, supported by actual receipts, in excess of the above amount, she/he shall be reimbursed by Infraworks Services Pty Ltd. Accommodation to a three star standard as accredited by the NRMA will be considered “reasonable” for the purposes of reimbursement. Employees claiming actuals should seek prior approval from Infraworks Services Pty Ltd. f)   An employee engaged on work away from their home depot/residence to and from which she/he can travel daily will be paid a meal allowance of $18 (increasing by 2.5% per annum on the first anniversary) if they work more than 11 hours on duty for the first and each subsequent meal occurring every four hours thereafter. g)   For the purpose of entitlement in clauses 22.a) and 22.d) recognised travelling time will apply. 23 TRAVELLING TIME a)   All travelling time (travel out and travel back from residence), including intervening journeys, where an employee is working at a temporary location from which they are unable to return home on a daily basis, will be paid at single time rates. b)   Employees with a home depot who are required to undertake duty temporarily at a location to and from which they can travel daily, will be paid the time spent travelling to and from their residence less the travelling that would have been incurred to enable the same shift to be undertaken at the home depot. The rate at which the excess travelling time is paid shall be the same as that set out in clause 23.a)
  • 18. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 18 24 DAILY TRAVELLING TIME Kilometers Travelled Payment Less than 40kms No payment 40kms - 50kms $10.82 More than 50kms $10.82 + clause 24.2 application a)   Except where clauses 23.a or 23.b applies, employees engaged in work who are required to travel more than 40kms from their place of residence to the worksite on a daily basis, will be paid as per the following table: b)   In addition to the payments contained in the table above in clause 24.a) time taken to travel in excess of 50kms to the worksite will be paid at single time rates. This is to apply on both inbound and outbound legs of the travel. c)   Kilometers travelled in excess of 50kms will be calculated at 60kms per hour for paid time purposes. d)  Example: An employee travels 80kms to a worksite and 80kms back to their residence on a daily basis. i.   Kilometers travelled in excess of 50kms on both inbound and outbound legs of the travel = 60kms ii.   60kms calculated at 60kms per hour = 1 hour iii.   Total payment for the day = $10.82 + 1 hour at your classification rate of pay. e)   Employees are required to travel by the most direct route from their place of residence to their worksite and will not be paid for deviations from the most direct route. f)   Daily travelling time claims made under this clause must be submitted to Infraworks Services Pty Ltd within 14 days of the date of travel and must be supported by logbook entries recording the employee’s daily odometer readings and, where applicable, the daily time travelled to and from the worksite. No claims received more than 14 days after the date of travel which is the subject of the claim will be paid by Infraworks Services Pty Ltd. g)   Daily travelling time is not payable where the Employee travels in a vehicle supplied by Infraworks Services Pty Ltd between their residence and the worksite.
  • 19. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 19 25 AMENITIES AND PROTECTIVE CLOTHING a)   Infraworks Services Pty Ltd will ensure, where appropriate, that amenities including drinking and boiling water, heating and cooling, ventilation, washing, toiletry and rest room facilities are available. Hand cleaning facilities shall be provided on site at all times. b)   Infraworks Services Pty Ltd will provide each employee with all work and safety clothing and protective equipment and each employee must ensure that such clothing and equipment is worn at all necessary times. c)   Protective Accessories - Safety helmet and eye protection. The clothing issue listed below will be replaced if required due to fair wear and tear on production of the worn issue. d)   Permanent Employees of Infraworks Services Pty Ltd will be provided with: •   3 shirts •   3 long pants •   Safety boots •   Hard hats and protective brim •   High visibility reflective safety vests •   High visibility wet weather coat •   Safety glasses – Sun UV (Daylight) •   Safety glasses – Clear (Night) •   30+ UV Sunscreen 26 TRAINING AND SKILLS DEVELOPMENT a)   The Parties to the Agreement recognise that in order to increase efficiency and the competitiveness of Infraworks Services Pty Ltd, a continued commitment to training and skill development is necessary. Accordingly, the parties commit themselves to developing a highly skilled and flexible workforce and providing employees with career opportunities through appropriate training to acquire additional skills required. b)  Employees will be offered training to enhance their knowledge and skills of existing and new technologies where such training is required by the employer and is to the benefit of Infraworks Services Pty Ltd. Such additional training will be provided in accordance with the overall training program and timeframe. c)  Permanent employees training, where it is to the benefit of Infraworks Services Pty Ltd will be paid by Infraworks Services Pty Ltd including re-accreditation of current qualifications.
  • 20. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 20 27 SUPERANNUATION Infraworks Services Pty Ltd will pay superannuation benefits as required by law by making payments to a complying fund nominated by the employee or to CBUS if the employee does not nominate a fund. 28 JURY DUTY a)   A full time employee required to attend for jury service during her/his ordinary hours of work shall be reimbursed by Infraworks Services Pty Ltd an amount equal to the difference between the amount paid in respect of the attendance for jury service and the amount the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service. b)   A part time employee required to attend for jury service shall be paid in accordance with clause 28.1 where the attendance coincides with a day/s on which the employee would normally be required to work. c)   Where an employee is required to attend for jury service the employee shall notify Infraworks Services Pty Ltd as soon as possible of the date upon which the employee is required to attend. 29 PUBLIC HOLIDAYS a)   Full time and part time employees are entitled to the following public holidays without loss of pay. New Year’s Day Good Friday Easter Saturday (only when an employee is rostered to work) Easter Sunday Easter Monday Christmas Day Boxing Day Australia Day Anzac Day Queen’s Birthday Labour Day b)   Where an employee is required to work on a public holiday the employee shall be paid at the rate of double time and a half, or at the rate of time and a half with a day in lieu to be taken at a time agreed between Infraworks Services Pty Ltd and the employee.
  • 21. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 21 30 ANNUAL LEAVE a)   Permanent employees are entitled to 4 weeks, for a day worker and 5 weeks for a rostered shift worker, paid annual leave for each year of service, subject to clause 30 b). This entitlement to paid annual leave accrues progressively during a year of service according to a permanent employee’s ordinary hours of work and accumulates from year to year. b)   The entitlement to paid annual leave equates to 20 days of annual leave per year for a full- time employee, and is pro-rated in proportion to the service of part-time employees. c)   In addition to the leave provided in clause 30 a), an employee employed on shift work is entitled to an additional week’s annual leave d)   For the purposes of the additional week’s annual leave, shift work is defined as work performed during ordinary hours that regularly attract a shift or weekend penalty. In the event an employee works part of the year as a shift worker, the additional week’s annual leave shall be applied on a pro rata basis. e)   Prior to going on leave, the employee shall be paid the wages she/he would have received in respect of ordinary time had the leave not been taken. f)   During the period of annual leave, an employee shall receive a loading of 17.5% if a day worker or 20% if a shift worker. Where an employee spends part of the year as a shift worker, the 20% loading shall be applied on a pro rata basis. g)   If a public holiday falls within a period of annual leave, a day is credited to the employee’s entitlement to annual leave. h)   In the event an employee falls ill or is injured for a period of a week or more during a period of annual leave, the employee may request that the period of annual leave be re-credited and payment for the period be debited against the employee’s sick leave, subject to the satisfactory production of a medical certificate. i)   Infraworks Services Pty Ltd and an employee may agree that the employee can take a period (in whole or part) of annual leave prior to the entitlement accruing. In that case, a further period of annual leave does not commence to accrue until the expiration of the 12 months in respect of which the annual leave or part of it had taken before it accrued. j)   In the event the employee leaves or is terminated prior to completing the required 12 months continuous service, Infraworks Services Pty Ltd is entitled to deduct from the final payment any outstanding amount owing from the annual leave. k)   An employee who, after one week’s continuous service, lawfully leaves the employment of Infraworks Services Pty Ltd, or is lawfully terminated, or after 12 month’s service leave the
  • 22. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 22 employment of Infraworks Services Pty Ltd or is terminated for any reason, shall be paid 2.923 hours, for a day worker and 3.653for a rostered shift worker, each 38 ordinary hours working and in respect of which annual leave had not been granted. This shall include the annual leave loading. l)   Annual leave does not apply to casual employees. 31 PERSONAL/CARER’S LEAVE AND COMPASSIONATE LEAVE The provisions of this clause apply to full time and part time employees, except if the National Employment Standards specify that the leave is available to casual employees. Personal/carers leave will be paid in accordance with the National Employment Standards unless this clause provides more generous entitlements. Paid personal/carers leave will be available to an employee when they are absent due to: •   personal illness or injury (sick leave); or •   to provide care or support to a member of the employee’s immediate family or a member of the employee’s household who requires care or support (carers leave). •  Personal/carers leave of 10 days will be available per year of service. Unused personal/carers leave accumulates from year to year. 30.2   Sick Leave An employee is entitled to use accumulated personal/carers leave for the purpose of sick leave. The employee will provide a medical certificate or other satisfactory evidence to the employer that the employee was unable, on account of such illness or injury, to attend for duty on the day to days for which such leave is claimed. An employee is entitled to 2 days per year absence on personal leave without the production of a medical certificate. However, the employee shall take no more than 1 consecutive days off in a row without a certificate. 30.3   Carer’s Leave An employee is entitled to take accumulated personal/carers leave for the purpose of carers leave. The employee will produce to the employer evidence satisfactory to the employer concerning the purpose of the leave. Carers leave will be paid in accordance with the National Employment Standards.
  • 23. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 23 An employee is entitled to 2 days of unpaid carers leave for each occasion when a member of the employee’s immediate family, or a member of the employee’s household, requires care or support because of: •   A personal illness, or personal injury, affecting the member; or •   An unexpected emergency affecting the member. An employee cannot take unpaid carers leave during a particular period if the employee could instead take paid personal/carers leave. 30.4   Compassionate leave An employee is entitled to 2 paid days of compassionate leave for each occasion when a member of the employee’s immediate family or a member of the employee’s household: •   Contracts or develops a personal illness that poses a serious threat to his or her life; or •   Sustains a personal injury that poses a serious threat to her or his life; or •   Dies. Where the employee travels in excess of 500 kilometers from their place of residence to attend the funeral, such maximum shall be increased to three paid days. 30.5   Immediate family or household The entitlement to use compassionate leave is subject to the person being either: •   a member of the employee’s immediate family; or •   a member of the employee’s household. 30.6   The term immediate family includes: •   Spouse (including a former spouse, a de facto spouse and a former de fact spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as the employee’s husband or wife on a bona fide domestic basis, or same sex couple living together on the same basis; and •   Child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. PARENTAL LEAVE AND RELATED ENTITLEMENTS Employees shall be entitled to parental leave in accordance with the National Employment Standards contained within the Fair Work Act 2009 and to such paid entitlements as they may be eligible to receive pursuant to the provisions of the Paid Parental Leave Act 2010.
  • 24. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 24 LONG SERVICE LEAVE Long service leave shall accrue in accordance with the provisions of the Long Service Leave Act 1955 (NSW), as amended. 31 CONSULTATION TERM (1)This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change (2) For a major change referred to in paragraph (1)(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (3) to (9) apply. (3) The relevant employees may appoint a representative for the purposes of the procedures in this term. (4) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (5) As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion—provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and
  • 25. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 25 (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. (6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (8) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply. (9) In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work (10) For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses (11) to (15) apply. (11) The relevant employees may appoint a representative for the purposes of the procedures in this term. (12) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (13) As soon as practicable after proposing to introduce the change, the employer must:
  • 26. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 26 (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion—provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (14) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (16) In this term: relevant employees means the employees who may be affected by a change referred to in subclause (1). 32 WORK PLACE REPRESENTATIVES Reasonable Time to Discuss Issues Where team Members at the workplace have elected a workplace representative to represent the members in employment related matters the employer shall provide the representative’s reasonable time to discuss those matters with the Members and management. Facilities Available To facilitate the representative’s role the company will allow workplace delegates reasonable access to telephone, facsimile, photocopying and email services for the purposes of carrying out their role. Use of resources by workplace representatives will be subject to the representative complying with the prevailing company policy provisions and the specific directions of the manager (neither of which shall impose unreasonable restriction on the operation of this clause).
  • 27. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 27 33 DISPUTE SETTLING PROCEDURE (1)If a dispute relates to: (a) a matter arising under the agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute. (2) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. (3) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. (4) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. (5) The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. The Fair Work Commission cannot make any recommendation and or arbitrate an outcome that is inconsistent with the National/State Code of practice for the construction industry or its implementation guidelines. (6) While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
  • 28. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 28 (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. (7) The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. 34 INDIVIDUAL FLEXIBILTY ARRANGEMENT (1) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed including rosters; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; (vi) the introduction of flat rates of pay; (vii) the basis for payment of wages including pay and or averaging of hours arrangements; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and
  • 29. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 29 (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — at any time. 35 COUNSELLING AND DISCIPLINARY PROCEDURES Disciplinary inquiries and investigations shall be confidential. Process: Any internal investigation in relation to a matter or incident by the Company that may lead to disciplinary action being taken against an employee must apply the principles of natural justice and due process, including: a)   The employee being made fully aware in writing of the allegations that are the subject of investigation; b)   The employee being provided with sufficient information to enable the provision of an informed response. c)   The employee being informed of their entitlement to have a representative present as a witness/support person at any meetings/interviews, if so requested; d)   The employee being given reasonable time (minimum 7 calendar days) to prepare a response to the allegations that are the subject of the investigation; If the Company suspends an employee while undertaking an investigation, the employee may be suspended and paid as per roster until an outcome is achieved. The disciplinary counseling procedures may warrant the involvement of barristers and/or solicitors if either party so chooses. Employees under investigation may be subject to the following action during the investigation: a)   Suspension from duty with no reduction of pay; or b)   Placed on alternative duties; or
  • 30. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 30 c)   Re-assessed and returned to normal duties. Step 1. Written Warning/Counselling When the Company has concern regarding the conduct of an employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may verbally warn the employee, which shall be documented and signed by the employee in acknowledgement of sighting the warning with a copy placed on the employee’s personnel file. The employee under counselling shall be made aware of the standards of improvement in conducts that is to be made. If after 6 months from the date of verbal warning the Company determines that the conduct has been satisfactory, the Employee will be advised that the written record of the warning has been removed from the employee’s personnel file. Step 2. Second Written Warning If the employee fails to meet the agreed standards of improvement in accordance with Step 1, or if the Company has a second concern about the conduct of the employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may provide the employee with a written warning, which shall be documented and signed by the employee in acknowledgement of sighting the warning with a copy placed on the employee’s personnel file. The employee receiving the written warning shall be made aware of the standards of improvement in conduct that is to be made. If after 9 months from the date of written warning the Company determines that the conduct has been satisfactory; the Employee will be advised that the written warning has be removed from the employee’s personnel file. Step 3. Final Written Warning If the employee fails to meet the agreed standards of improvement in accordance with Step 2, or if the Company has a third concern about the conduct of the employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may provide the employee with a written warning, which shall be documented and signed by the employee in acknowledgement of sighting the warning with a copy placed on the employee’s personnel file. The employee receiving the written warning shall be made aware of the standards of improvement in conduct that is to be made. If after 12 months from the date of written warning the Company determines that the conduct has been satisfactory; the Employee will be advised that the written warning has be removed from the employee’s personnel file.
  • 31. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 31 Step 4. Dismissal If the employee fails to meet the agreed standards of improvement in accordance with Step 3, or if the Company has a further concern about the conduct of the employee, the Company shall undertake an investigation into the issues pertaining to the unsatisfactory conduct. The employee will be given the opportunity to provide an explanation. The Company will consider this explanation and relevant facts in making its determination. Based on its determination, the Company may dismiss the employee with a written notice of termination or offer the employee the choice to resign. Serious breaches in this context refer to breaches that for which it is not reasonable that a second breach would be tolerated and include such breaches that are likely to significantly put at risk other persons or the environment. 36 HEALTH STANDARDS a)   Rail safety worker Employees are required to attend health assessments, any tests and/ or follow-up medical assessments necessary to determine their fitness for rail safety work in a timely manner. This clause applies to all employees directed to perform work falling within the definition of rail safety work covered by the National Standards for Health Assessment of Rail Safety Workers. Employer mandated testing b)   The Employer shall be responsible for the costs of all medical tests, where such tests are undertaken at the Employer’s direction up to $500.00 per annum except for casual employees who have worked less than 494 hours. c)   Medical tests will be undertaken during working time. Should an Employee be required to undergo a medical test outside their ordinary working hours, or a medical test extends beyond the rostered ordinary hours, then they will be entitled to payment under the applicable provisions of this Agreement for the additional time incurred. Employees will, where entitled, be paid for travelling time in accordance with relevant provisions.
  • 32. Infraworks Services Pty Ltd Rail Safeworking Personnel NSW Agreement 2018 32 37 SIGNATORIES Signed for and on behalf of Infraworks Services Pty Ltd ……………………………………………………………....................................................... Signature of authorised person Position/Title ................................................................... …………………................................................ Name of authorised person ................................................................... ………………………….. .................................. Address ................................................................... ………………………….. .................................. (Date) Note: the above person is authorised by Infraworks Services Pty Ltd to sign the Agreement on its behalf. Signed for and on behalf of the Employees ……………………………………………………………....................................................... Signature of authorised person Position/Title ................................................................... …………………................................................ Name of authorised person ................................................................... ………………………….. .................................. Address ................................................................... ………………………….. .................................. (Date)