Cityfleet Employees Industrial Agreement Number Three...

CITYFLEET EMPLOYEES INDUSTRIAL AGREEMENT NUMBER THREE (3).

AG 25 of 2005

PART A APPLICATION AND OPERATION OF THIS AGREEMENT

1. TITLE

1.1 This Agreement shall be known as the Cityfleet Employees Industrial Agreement Number Three (3).

1.2 This agreement is made for the purposes of an Industrial Agreement in accordance with Part II Division 2B, Section 41 of the Western Australian Industrial Relations Act 1979.

2. ARRANGEMENT

CLAUSE TITLE PAGE No.PART A Application and Operation of This Agreement1 Title 22 Arrangement 2-33 Date and Period of Operation 34 Parties to the Agreement 35 Definitions 4-56 Relationship to Existing Award 57 Nexus to Award 58 General Provisions 5PART B Enterprise Flexibility and Facilitative Provisions9 Objectives of this Agreement 5-610 Statement of Goodwill 611 Variation to Agreement 612 Renewal of Agreement 6-713 No Reduction in Overall Conditions 714 Key Performance Indicators 7-8PART C Consultation and Dispute Resolution15 Consultative Process 8-916 Consultative Committee 917 Dispute Resolution Procedure 9-10PART D Employment Relationship and Related Matters18 Contract of Employment 10-1219 Employment Security 12PART E Salaries, Allowances and Other Matters20 Enterprise Bargaining Payment Rate 12-1321 Workplace Attendance Incentive (non taking of sick

leave incentive)13-14

PART F Hours of Work22 Flexibility in Working Hours 1523 Span Of Working Hours 1524 Start And Finish Times 15-1625 Arrangement Of Flexibility Of Working Hours 1626 Call-Out On Weekends or Public Holidays 1627 Time in Lieu (TIL) 16-1728 Overtime 17PART G Leave And Related Matters

Cityfleet Certified Enterprise Bargaining Agreement Number Three of 26

29 Rostered Day Off (RDO) 17-1830 Sick Leave 1831 Family Leave 18-1932 Public Holidays 1933 Leave Without Pay 1934 Compassionate Leave 2035 Bereavement Leave 2036 Annual Leave Roster 21PART H Workplace Flexibility37 Phase-in Retirement Scheme 21PART I Training & Development38 Employee Development Reviews 21-2239 Skills Enhancement Program 2240 Customer Service 22PART J Miscellaneous 41 Personal Protective Clothing and Equipment 2342 Right of Entry 2343 Union Deductions 23

Signatories to the Agreement 24Appendix A Informal Resolution Process 25Appendix B Enterprise Bargaining Payment Rate 26

3. DATE AND PERIOD OF OPERATION

3.1 This Agreement will take effect from the first full pay period on or after the date of registration of the agreement by the Western Australian Industrial Relations Commission and shall remain in force for a period of three (3) years, subject to Clause 12 - Renewal of Agreement.

4. PARTIES TO THIS AGREEMENT

4.1 This Agreement is made between:

The City Of Mandurah, of 3 Peel Street, Mandurah in the State of Western Australia (hereinafter called the “City”),

and

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers – Western Australian Branch (hereinafter called the “Union”).

The Agreement currently covers four employees.


5. DEFINITIONS

In this Agreement the following words and expressions have the following meanings except where the context requires: -

The Act means The Western Australian Industrial Relations Act 1979.

Award means the Metal Trades (General) Award 1966.

Best Practice means identification of core business of the City and implementing such business in an effective and efficient manner on a consistent basis.

Commission means the Western Australian Industrial Relations Commission.

City means the City of Mandurah.

Consensus means by general agreement.

Consultative Committee means the workplace reform consultative committee.

Council means the elected representatives of the City in the context contained in The Local Government Act (1995).

Current base salary means the salary applicable to a given classification as at 17 August 2004, or at the date immediately prior to the effective date of any future increase contained within this Agreement. Current base salary excludes any above award allowances and penalties.

Employee means any person, including apprentices, trainees and cadets, engaged under the terms and conditions of the Metal Trades (General) Award 1966.

Management means designated salaried officers covered by the Local Government Officers Award.

Parties means the parties to this Agreement.

Partner means partner or de-facto partner. De-facto partner means a person who lives with the employee on a bona fide domestic basis. A de-facto partner includes a partner of the same sex.

Section means defined work area.

Supervisor means the person to whom an Officer directly reports, regardless of whether this be a Leading Hand, Coordinator, Manager, Director, Chief Executive Officer etc.

Team is a well-defined and recognised work group which is normally within one directorate; however cross-organisational teams may also be formed where the members of that team have a recognised common goal.


Union means The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers – Western Australian Branch (hereinafter called the “Union”), of the third part.

6. RELATIONSHIP TO EXISTING AWARD

6.1 This Agreement shall be read and interpreted wholly in conjunction with the Award as it stands at the ratification of this Agreement. Should there be any inconsistency between this Agreement and the Award; the terms of this Agreement shall prevail to the extent of any such inconsistency.

6.2 Where this agreement is silent on any matter contained within the Award, the provisions of the Award will apply.

7. NEXUS TO AWARD

7.1 Council has negotiated with its employees an Enterprise Agreement that when taken as a whole is in excess of Award conditions at the time of signing. Movements in the Award other than those stated in this Agreement would not flow on until such times as employees suffer an overall disadvantage. Therefore any movements in Award conditions will not be viewed in isolation, but will be compared to the total package enjoyed by the employees. At the point of overall disadvantage the employee will benefit to the extent of the disadvantage.

8. GENERAL PROVISIONS

8.1 If any provision in this Agreement is unenforceable, that provision will be severed and the rest of the Agreement will remain in full force and in effect.

8.2 In this Agreement: - Where the context permits, the singular includes the plural and the plural includes the singular;(a) Headings and sub-headings are for convenience only and are not to be

used in the interpretation or construction.

PART B ENTERPRISE FLEXIBILITY AND FACILITATIVE PROVISIONS

9. OBJECTIVES OF THIS AGREEMENT

9.1 The parties are committed to effective Employee/Management consultation on a regular basis to identify and recommend improvements.

9.2 The City has resolved to support a scheme to pay over award rates to achieve the following objectives: -

(a) To recognise the contribution of employees in the development of the City of Mandurah as an outstanding local government authority committed to best practice principles and focused on the needs of the community and its stakeholders.

(b) To continue to build an environment of trust, open dialogue, and ethical practices.


(c) To have no restrictions or demarcations between functions, whatever, provided staff are qualified, trained and capable of performing functions outside their normal range of duties.

(d) To continue to encourage competitive work practices that ensures open market place participation.

(e) To continuously improve work practices that will meet or exceed community expectation and therefore maintain a security of employment ethos that retains skilled, motivated and committed employees.

(f) A commitment to the principles of Equal Employment Opportunity is endorsed.

(g) To continue to identify and where practicable implement family friendly practices that recognises the importance of appropriate work/life balance.

10. STATEMENT OF GOODWILL

10.1 The parties acknowledge the following aim of this Agreement: -

To make the City of Mandurah an employer of choice by providing an environment that recognises, values and rewards its people.

11. VARIATION TO AGREEMENT

11.1 The parties agree that nothing in this Agreement shall preclude them from entering into negotiations to vary this Agreement where such variation is considered to be necessary and beneficial to the Operation of this Agreement and is mutually agreed.

11.2 Any variation to this Agreement will be in accordance with the provisions of the Western Australian Industrial Relations Act 1979.

12. RENEWAL OF AGREEMENT

12.1 The parties agree to commence negotiations on a new agreement no later than nine (9) months prior to the termination date of this Agreement.

12.2 During this nine (9) month deliberation period, the parties will negotiate a new agreement based upon any new circumstances, the experience of the parties with the Operation of this Agreement, and the establishment of clear indicators arising out of the commitment to introduce best practice principles within the organisation.

12.3 Notwithstanding the provisions of this Clause, the parties may seek the assistance of appropriate third parties during the deliberation period in negotiating a further agreement.

12.4 Whilst negotiations take place, this agreement will remain in force until a new agreement is made.


12.5 After the termination date either party may give notice to terminate the enterprise bargaining principles and withdraw from the enterprise agreement, in accordance with the Act.

12.6 Should this Agreement be terminated or there be no likelihood of a future agreement, increases prescribed by the State Wage Case will continue to be passed on until such time as a new agreement is entered into.

12.7 Should the parties to this agreement be in dispute during the life of this agreement the matter shall be resolved according to Clause 17 Dispute Resolution Procedure.

13. NO REDUCTION IN OVERALL CONDITIONS

13.1 No employee will suffer an overall reduction in conditions as a result of this Agreement.

14. KEY PERFORMANCE INDICATORS

14.1 No later than three (3) months after registration, the City Management will hold knowledge sessions on the contents and outcomes of this Agreement. At this time the Manager will explain the detail behind the Performance Measures which are broadly classified as follows:

14.2 Benchmarking of Key Performance IndicatorsThe performance indicators developed through the previous Agreement (Cityfleet Industrial Agreement 2001) will be the basis for future incentive payments.

6%

Cityfleet 4% - Performance indicators – 4 indicators

Cityfleet 1% - Customer Service - Surveys

(to achieve the full 1% the group must score no less than 75% on any assessment)

Group 1% - OSH performance – Lost Time Injuries (LTI’s)(to achieve the full 1% the group must achieve a zero LTI score)

The four (4) performance indicators and measures to be assessed for the incentive payment are as follows:

Performance Indicator Measure TargetCityfleet Certified Enterprise Bargaining Agreement Number Three of 26

1. Timeliness of scheduled maintenance.

Automotive Industry Standards

Meet or exceed Automotive Industry Standards

2. Availability of major plant

Downtime figures maintained by Coordinator Cityfleet

Minimum of 97% of major plant available

3. Labour productivity Timesheet figures maintained by Coordinator Cityfleet

90% of employee time recorded against plant maintenance

4. Quality Management Quality of work performed as assessed by Coordinator Cityfleet

Less than 10% of time spent on rework of errors

All results will be made available to the Consultative Committee for discussion prior to distribution and the Consultative Committee will also have input into any disputes that may arise from that process.

Incentive payments will be based on the achievement of agreed Performance Indicators. Cityfleet will have 4 indicators to be measured against. Payment will be based on the following scale –

4% Achievement of 43% Achievement of 32% Achievement of 21% Achievement of 1

14.3 The parties recognise the current and ongoing value of the commitment to best practice principles within the organisation. This commitment will be recognised in negotiating objectives in future agreements.

PART C CONSULTATION AND DISPUTE RESOLUTION

15. CONSULTATIVE PROCESS

15.1 The City appreciates that employees have an important role in the dissemination of information in both an upward and downward flow. As such the Consultative Committee shall continue to oversee the terms of this Agreement and its objectives to ensure that the performance measures are being met. In order to facilitate interaction, the City Management will ensure that Cityfleet run regular toolbox meetings in addition to the regular Consultative Committee meetings.

15.2 As the items are often outside the jurisdiction of the Consultative Committee, employees with concerns are encouraged to discuss any issues with their supervisors and/or with the City Management.

15.3 Employees acknowledge that in order to get the best resolution that reflects quality prescriptive advice, communications need to be open and direct with details including the name of the person, the issue and/or the time and place of the issue.

15.4 Taking into account commercial sensitivity, the City undertakes to discuss major changes in organisational structure and technological advances that


would have an impact on the delivery of services within the City prior to a final decision being communicated.

15.5 For the life of this Agreement the City will consult with employees covered by this Agreement on any proposal that is likely to impact upon staffing levels within the Cityfleet section. Any dispute will be referred in the first instance to the Consultative Committee and any non-resolution will be processed through the Dispute Resolution Procedure.

16. CONSULTATIVE COMMITTEE

16.1 Given that the number of employees covered under this Agreement is small, membership will therefore consist of all employees covered by this Agreement, the Cityfleet Coordinator and Manager Engineering Services.

16.2 Meetings will be arranged to suit the Cityfleet works program and there will be at least one meeting per quarter to ensure that the terms of the agreement are applied and remain relevant.

16.3 The City acknowledges negotiations for variation of this Agreement, or for matters contained in the Award, shall be between the City and the Consultative Committee. Any decision by the Consultative Committee will be by consensus and in accordance with procedures agreed with the City.

16.4 The parties recognise the importance of a forum for consultative processes for matters contained within the Award and this Agreement and for any general organisational matters as they may arise.

17. DISPUTE RESOLUTION PROCEDURE

17.1 Nothing in this Agreement shall affect or impact on an employee’s entitlement to lodge any grievance, complaint, claim or dispute with the City in accordance with the dispute resolution provisions contained within Council's Policy Statement HR-023 - Industrial Relations, Clause 4 - Dispute Settlement and Introduction of Change.

17.2 The aim of this procedure is to complement Council's policy and ensure that, during the life of the Agreement, grievances or disputes are prevented or resolved as quickly as possible at the level they occur in the workplace with minimal formality. Issues that can not be resolved at that level may be progressed to Management for resolution. Management may call upon the Consultative Committee to assist with the resolution of issues.

17.3 Any grievance, complaint, claim or dispute, or any matter which is likely to result in a dispute, including any grievances, disputes, questions, and difficulties arising under this agreement, between management and Cityfleet employees, may be settled in accordance with the procedures set out herein.

17.4 Where an employee or a group of employees raises the matter, the following steps shall be observed;

17.4.1 The employee(s) concerned shall discuss the matter with the immediate supervisor. If the matter cannot be resolved at this level within a time frame mutually agreed upon, either party may contact the Manager


Engineering Services, or in his absence his nominated representative, for resolution. The employee may invite the relevant union representative or another person of his/her choice and/or members or representatives of the Consultative Committee to be present.

17.4.2 Should the matter not be resolved within three (3) working days (or more by agreement), the matter is to be referred to the Director of Works and Services or the Chief Executive Officer for resolution, and all parties shall be interviewed before any decision is made. A person of his/her choice for this interview may accompany the employee. This includes an interpreter or representative from his or her own cultural background. All parties are to be notified of the decision.

17.4.3 While the procedure referred to in 17.4.2 is being effected, the City and employees will ensure that the status quo continues and that no action is undertaken that is likely to escalate the grievance, complaint, claim or dispute. The above procedure shall be undertaken in five (5) working days or less, unless the parties agree to a longer period.

17.4.4 If the matter has been referred to in accordance with the above and remains unresolved, the employee(s) or their shop steward shall notify the Union Secretary or their nominee so that they may have an opportunity of discussing the matter with either the Director or Chief Executive Officer.

17.4.5 Should all attempts to resolve the matter fail, a matter may be referred to the Western Australian Industrial Relations Commission (WAIRC) in accordance with the Act.

17.4.6 While the above procedure referred to in clause 17.4.5 is being effected, the Union and its members will ensure that normal work continues.

Please see Appendix A - (Informal Resolution) flow chart for further clarification

PART D EMPLOYMENT RELATIONSHIP AND RELATED MATTERS

18. CONTRACT OF EMPLOYMENT

18.1 The following shall apply:

18.1.1 Full-time Employee

(i) A full-time employee shall mean any employee who is engaged to work the standard ordinary hours in accordance with Clause 25.3 of this agreement.

18.1.2 Part-time Employee

(i) A "Part-time Employee" shall mean any employee who works regularly for less than the standard ordinary hours of a "Full-


time Employee" as defined in Clause 25.3 of this agreement, or as described in Clause 11 of the Award subject to (ii) and (iii) below.

(ii) The agreed standard part-time hours of a part-time employee shall be as identified in writing in the employees “Contract of Employment” or “Letter of Offer”.

(iii) By written agreement, the City and the employee may vary the agreed part-time hours of work. In the event that the City or the employee seeks to vary the agreed hours of work, the requesting party shall provide one (1) week notice to the other party, provided that this period of notice may be less where mutually agreed between the City and the employee.

(iv) Where a part-time work agreement is in place, all hours that a part-time employee works up to the maximum allowable in the written agreement shall be worked at normal rates of pay. Any hours worked in excess of those agreed to, will be paid at the relevant penalty rates ie at those rates as are applicable in accordance with Clause 14 – Overtime of the Award.

18.1.3 Casual Employee

(i) A "Casual Employee" shall mean any employee who works non-standard hours and days depending upon the operational needs of the City.

(ii) A casual employee is paid an hourly rate that includes a 20% loading in lieu of any entitlement as per the Award.

(iii) A casual employee shall not be engaged for continuous periods of employment in excess of fifty-two (52) weeks, unless agreed in writing between the City and the employee.

(iv) The City shall not employ a casual employee to the extent that the casual employee is filling a position that is a recognised permanent position within the City's establishment figures for a period in excess of four (4) months unless the availability of any suitable such applicants has been identified.

18.1.4 Temporary (and Fixed Term) Employee

(i) A temporary employee shall mean any employee who is engaged for a specific project or for a specific period, for which the City indicates at the time of employment, may not be ongoing. This will include (but not be limited to) to any positions such as Traineeships, Cadetships or Apprenticeships.

(ii) A temporary employee may be employed for any hours equivalent to that of a full-time, part-time or casual employee.


(iii) Temporary appointments will be negotiated between the City and the employee and will not require agreement from any Union.

19. EMPLOYMENT SECURITY

19.1 It is a principle of this Agreement that there is a commitment to employment security. However, Management reserves the right to alter the type of work that employees are engaged to perform. It is recognised that throughout the life of this Agreement, employees may move from one divisional work team within Council to another divisional work team. This clause will not be used to limit promotion or reclassification in the organisation. To maintain a high level of trust within the organisation, Management is committed to a high level of consultation when considering organisational changes.

19.2 If Management alters the work to suit the City’s needs, there will be no reduction in employees pay or conditions. However, should an employee through personal reasons or ill health, be no longer able to carry out his/her duties, Management will seek to place the employee in a position that is suitable, taking into account the requirements of the employee and the needs of the City. It is acknowledged that in doing so the employee will be required to accept the classification and pay level that is aligned to the position.

19.3 Management reaffirms its commitment to employment security. However, it is recognised that a redundancy may occur for reasons unrelated to the processes and outcomes of this Agreement. The redundancy provisions of Clause 36 – Redundancy Payments of the Award and Council's Policy HR-26- Redundancy of Employment shall apply in the event of a redundancy occurring. Any Officer likely to be affected by any proposed redundancy will be consulted prior to and during such proposal.

PART E SALARIES, ALLOWANCES AND OTHER MATTERS

20. ENTERPRISE BARGAINING PAYMENT RATE (refer to Appendix B)

20.1 In return for the continuation of the development of best practice including the co-operation of employees to achieve various performance measures, the City will, in accordance with terms and conditions of this Agreement, commit to maintain the Enterprise Wage as follows:

Upon certification of this new Agreement:

(a) First year of AgreementAn increase of 15% on current base salary effective from the first full pay period commencing on or after 18 August 2004.

(b) Second year of AgreementAn increase of 3.5% on current base salary effective from the first full pay period commencing on or after 18 August 2005.

(c) Third year of AgreementAn increase of 3.5% on current base salary effective from the first full pay period commencing on or after 18 August 2006.


(d) A sum of up to 6% now linked to the achievement of pre stated Key Performance Indicators. In the first year of implementation it is agreed that all employees will receive the full 6% payable after measurement in July and January.

For the second and third years the payment will be dependent on the achievement of the present standards.

6%

Cityfleet 4% - Performance indicators – 4 indicators

Cityfleet 1% - Customer Service - Surveys

Cityfleet 1% - OSH performance – Lost Time Injuries (LTI’s)

(e) In accordance with Clause 26 of this Agreement and as recognition of the need to be contactable and to be within a reasonable distance of Mandurah to minimise service waiting time, the City shall pay employees rostered to respond to calls received on the sections mobile telephone on a weekend or on a public holiday a payment of $20.00 per day for each day they are so rostered.

(f) On registration, payment in relation to 20.1 (e) will be backdated to 4 March 2004 payable in the first full pay period after registration.

21. WORKPLACE ATTENDANCE INCENTIVE Non taking of sick leave incentive

21.1 Explanation Commentary

21.1.1 This scheme rewards continuous productivity that occurs when employees do not take the so-called traditional “sickie”. Employees who are ill are encouraged to see their medical practitioner and if required not attend the workplace.

21.1.2 This scheme continues to reward past exemplary attendance by recognising the accumulated hours as a starting point and also provides for all employees to begin with a zero balance therefore achieving additional incentive payments as their accumulation account builds up.

21.2 The Scheme

21.2.1 The scheme utilises the sick leave accrued at the commencement of the scheme or the commencement of employment as the starting base of each employee.

21.2.2 The scheme provides for graduated entitlement to the unused sick leave bonus as per the model detailed below:

Unused Sick Leave Entitlement0 - 200 hours 20% of accrual201 - 400 hours 40% of accrual401 - 600 hours 60% of accrual


601 hours + 80% of accrual

21.2.3 The scheme proposes that at the resignation or retirement, an employee would be entitled to a bonus in accordance with the following formula:-

(LAF - LAL) x EP X RP

where LAF = Sick leave entitlement on resignation/retirement.LAL = Sick leave entitlement at the commencement of the

scheme.EP = Entitlement percentage.RP = Hourly rate of pay at resignation/retirement.

21.3 Examples

21.3.1 Example One(a) JB employed since 1976. At commencement of scheme he had

650 hours accrued sick leave. He resigned in 1999 with 760 hours accrued, and a rate of pay of $12.50/hour.Bonus = (760 - 650) x 80% x $12.50= 110 x 80% x $12.50= $1,100.00

21.3.2 Example Two(a) RT employed since 1989. At commencement of scheme she

had 320 hours accrued. She resigns in 2004 with 740 hours accrued, and a rate of pay of $14.00.

Bonus = (740 - 320) x 80% x $14.00= $4,704.00

21.3.3 Example Three(a) LG employed from 1998, (ie. after scheme commenced), and

left in 2002 with 220 hours accrued and a rate of pay of $13.50.

Bonus = (220 - 0) x 40% x $13.50= $1,118.00

21.3.4 Example Four(a) ST employed in 1991. At commencement of scheme he had

260 hours sick leave accrued. He retires in 2020 with 940 hours accrued and a pay rate of $21.50.

Bonus = (940 - 260) x 80% x $21.50= $11,696.00

PART F HOURS OF WORK

22. FLEXIBILITY IN WORKING HOURS


22.1 Management supports the principle of flexibility in working hours to enable greater customer service and maximum productivity and to reflect project and seasonal variances and the needs of the City and its employees.

22.2 This agreement re-affirms the continued working of the nine-day fortnight arrangement.

22.3 Except where otherwise provided for in Clause 13 - Hours of the Award, the following shall apply:

(a) The ordinary hours of duty may be worked on any or all days of the week.

(b) Monday to Friday inclusive shall be worked between the hours of 6:00am and 6:00pm.

(c) The spread of hours may be altered by written agreement between the City and the majority of employees bound by this agreement.

(d) For employees bound by this agreement ordinary hours of duty shall be worked on the basis of a nine-day fortnight of 76 hours work to be performed on any nine (9) days Monday to Saturday inclusive.

(e) The ordinary hours of work shall not exceed 10 hours on any day provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed 8.44 hours on any day, the arrangement of hours shall be subject to the agreement between the employer and the majority of employees.

(d) Further information relating to RDO's is detailed in Clause 29 - Rostered Day Off.

23. SPAN OF WORKING HOURS

23.1 Officers shall work within the relevant span of ordinary hours at normal rates of pay, with no additional penalty rates being applicable for the maximum hours per day allowable (ie 8.44 hours per day or as is otherwise negotiated or in part-time contracts of employment).

24. START AND FINISH TIMES

24.1 Unless otherwise arranged, by agreement between the supervisor and the majority of employees in that work team, standard working hours (Monday to Friday) for employees covered by this Agreement will be:

Winter period - 7.04am to 4.00pm.

Summer period - 6.04am to 3.00pm. – (Where work can be performed without causing disturbance to residents).

24.2 Wash-up time is absorbed into the normal working day.

25. ARRANGEMENT OF FLEXIBILITY OF WORKING HOURS


25.1. When arranging starting and finishing times and the days on which an employee will be required to work, the Coordinator shall discuss the roster

and any subsequent changes with the employee and shall take into consideration:

i. Forecast and actual work load;ii. The most productive and efficient way to operate;

iii. Personal and family needs;iv. Applying flexible work arrangements fairly to all employees in the

section; andv. Giving reasonable notice of a change in hours. Reasonable notice shall

be at least 24 hours unless there are exceptional circumstances.

25.2 If an employee believes that consideration has not been given fairly to all of the above issues, the employee may discuss the matter with the Manager Engineering Services who shall make a final decision.

26 CALL-OUT ON WEEKENDS OR PUBLIC HOLIDAYS

261 By agreement between an employee and the supervisor, an employee may be supplied with a mobile phone on weekends and public holidays as required.

262 The employee may conduct their normal daily activities but must keep the mobile phone within hearing distance during this time to answer and respond to any request from Council operations for assistance regarding repairs or maintenance issues.

263 Should an employee be unable to respond to a call-out, that employee shall arrange for another employee to attend.

264 The employee will be paid a minimum of three (3) hours for time worked to attend to a call-out after leaving for the job. This payment shall be paid at the appropriate award penalty rates. Time reasonably spent in getting to and from work shall be counted as time worked.

265 No payment will be received for the time employees keep themselves in readiness for a call to work, except as provided for by Clause 20.1 (e). No car allowance shall be paid to attend to a call-out. Should there be a problem in arranging such a call-out service the Council shall organise a roster to ensure that capable employees share this duty.

27. TIME IN LIEU (TIL)

271 It is acknowledged that there may be occasions that provide opportunities for employees, who choose of their own accord, to work additional hours and to take those additional hours off as Time In Lieu (TIL) during ordinary hours instead of receiving payment as overtime. Under the terms of this Agreement it is agreed that such time off shall be equivalent to actual time worked, ie "hour for hour".

272 Employees are required to obtain approval from their supervisor prior to working such additional hours to be taken as TIL at a later agreed point.


273 TIL hours will be paid at ordinary time rates and not penalty rates ie: if 8.44 hours (standard day) has been worked, then 8.44 hours at ordinary pay (or TIL) is to be taken. No overtime rates will apply.

274 Accrued hours for TIL are to be taken in consultation with the supervisor and employee or they may be attached to holiday periods at Christmas, Easter and Annual Leave. When an employee requests TIL, the supervisor shall not unreasonably refuse consent.

275 The provisions of this clause do not include hours worked by way of call outs or on public holidays or where normal overtime is required to be worked or where inadequate notice is given. Under these circumstances normal overtime rates will apply.

28. OVERTIME

28.1 Any overtime will be paid in accordance with award provisions using the base rate contained in this Agreement.

28.2 If mutually agreed between the employee(s) and the City, time-in-lieu at the appropriate penalty rate can apply instead of paid overtime, unless otherwise stipulated in this agreement.

28.3 Such time-in-lieu must be taken as soon as practicable at a time mutually agreed by the employee(s) and the City.

28.4 Any overtime must be authorised by the Coordinator Cityfleet.

PART G LEAVE AND RELATED MATTERS

29. ROSTERED DAY OFF (RDO)

29.1 Parties to this Agreement agree that the taking of Rostered Days Off is to be managed as follows:

(a) they are to be taken by mutual agreement with the Supervisor between Mondays and Fridays inclusive;

(b) an alternative day to that day that is considered as the "normal" Rostered Day Off within the work cycle may be taken; or

(c) any accrued, but not taken, RDO may be added to annual leave with payment at ordinary time rates; or

(d) any accrued, but not taken, RDO may be paid out at ordinary time rates appropriate to the day within the next pay period.

29.2 With prior approval RDO's may be accumulated to a maximum of three (3) days.

29.3 This clause may be varied by mutual agreement and the arrangement will be recorded in writing and attached to the employees pay record.

29.4 The provisions of this clause are administered on the basis of a mutual agreement in advance between the employee and their supervisor.

30. SICK LEAVE


30.1 Evidence Supporting the Claim

30.1.1 Employees are entitled to three (3) instances of two (2) days or less that may be paid as sick leave without tendering a doctor’s certificate. All days following the third absence and until the employees next anniversary date of entitlement to sick leave is reached, require a medical certificate or other reasonable proof of illness as is requested.

30.1.2 Employees will continue to be required to provide a doctor's certificate or other reasonable proof of illness as is requested for any absence of three (3) or more consecutive days.

31. FAMILY LEAVE

31.1 Employees with responsibilities relating to members of their immediate family, who need care and support, shall be entitled to absences of up to 38 hours, or five days, per year of their accrued sick leave entitlements to provide necessary care and support for such person when they are ill.

31.2 If required, the employee shall establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

31.3 Entitlement to the use of sick leave in accordance with this clause is subject to the employee being responsible for the care of the person concerned; and the person concerned being a member of the employee’s immediate family or household.

31.4 The term immediate family includes:

31.4.1 A partner, including a former partner, a de facto partner and a former de facto partner, of the employee;

31.4.2 A ‘de facto’ partner, in relation to a person means a person who lives with the employee in a marriage-like relationship on a bona fide domestic basis, although not legally married to the employee; and

31.4.3 A child or an adult child – including an adopted child, stepchild or an ex nuptial child, parent, grandparent, grandchild or sibling of the employee or partner of the employee.

31.5 Wherever practicable the employee shall give the employer notice, prior to the absence, of intention to take leave, the name of the person requiring care and his/her relationship to the employee, the reasons for taking such leave and estimated length of absence.

31.6 If it is not practicable for the employee to give such prior notice, they shall notify the employer by telephone of such absence at the first opportunity on the first day of the absence.

31.7 Unpaid Leave for Family Purposes:

31.7.1 Unpaid leave for family purposes will be considered by the employer on a case-by-case basis in conjunction with the relevant employee.


31.7.2 Rights to annual leave, long service leave and sick leave will not accrue during any period of unpaid leave.

31.8 Annual Leave:

31.8.1 Notwithstanding the provisions of this clause, with the consent of the employer, an employee may elect to take annual leave in single day periods, not exceeding five days in any calendar year, at a time or times mutually agreed upon.

31.9 Make up Time:

31.9.1 For a period taken off during ordinary hours an employee may, with the consent of the employer, elect to work ‘make up time’ whereby they work those hours at a later time on an hour for hour basis.

32. PUBLIC HOLIDAYS

The parties acknowledge that award provisions do not exist that would normally grant additional public holidays to employees covered by this agreement.

32.1 Not withstanding the above, for the life of this agreement, employees coveredby this agreement will be granted two (2) local government holidays (the day following New Year’s Day and Easter Tuesday) and these will be regarded as normal working days.

32.2 Employees will be entitled to take alternative time off in lieu if they would have normally been rostered for work on those days, by mutual employee/supervisor agreement and the giving of two (2) days notice in writing.

32.3 Days must be taken in the year in which they became due. The employee may take these days at any time during the 12 month period, however if the employee leaves prior to the entitlement being accrued the employee agrees to have time owed deducted from final pay.

33. LEAVE WITHOUT PAY

33.1 In special circumstances, which may include cultural circumstances, the Manager Engineering Services may approve Leave without Pay in order for the employee to attend to urgent/immediate business.

34. COMPASSIONATE LEAVE

34.1 The City of Mandurah enjoys a cultural diversity that reflects differences in nationalities and cultural customs. In times of critical illness, or as a result of serious accidents that are likely to lead to death or a serious disability, employees are entitled (in consultation with their supervisor) to two (2) days paid compassionate leave to be with an individual defined by sub clause 34.4.


34.2 Under exceptional circumstances a further two (2) days leave may be negotiated without penalty to cover travelling.

34.3 Further, accumulated RDO’s or Time In Lieu may be added to this period if necessary.

34.4 For the purpose of this clause the compassionate leave will be for a close family member or an individual who the employee may deem to be a close member of the family.

34.5 Only one two-day period, provided for under clause 34.2, may be negotiated for Compassionate Leave.

34.6 This clause acknowledges the building of trust between the employee and the City. Where any disagreement arises, as to the appropriateness of the leave requested, the matter will be referred to the Chief Executive Officer for resolution.

35. BEREAVEMENT LEAVE

35.1 An employee shall, on the death of a close family member (or individual the employee deems to be a close member of the family) be entitled to Bereavement Leave up to and including the day of the funeral, without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary working days.

35.2 Approval for leave is to be in consultation with the relevant Coordinator Cityfleet.

35.3 Under exceptional circumstances a further two (2) days leave may be negotiated without penalty to cover travelling.

35.4 Further, accumulated RDO’s or Time In Lieu may be added to this period if necessary.

35.5 Only one two-day period, provided for under clause 35.3, may be negotiated for Bereavement Leave.

35.6 When both Compassionate Leave and Bereavement Leave are taken, only one two-day period, provided for under clause 34.2 or 35.3, may be negotiated.

35.7 This clause acknowledges the building of trust between the employee and the City. Where any disagreement arises as to the appropriateness of the leave requested, the matter will be referred to the Chief Executive Officer for resolution.

36. ANNUAL LEAVE ROSTER

36.1 All members of the Cityfleet section will nominate their preferred annual leave dates to enable compilation of an annual leave roster that meets operational

needs.


36.2 In circumstances where more than one employee applies for the same period of leave and this does not meet operational needs employees may negotiate with each other for that desired leave period.

36.3 Should employees fail in negotiations to determine which employee is to have precedence over any disputed leave dates the City reserves the right to determine the matter.

36.4 Once the roster is finalised, except in emergency circumstances, team members will negotiate with each other in order to alter the roster. In emergency circumstances, management will organise the employee replacement.

PART H WORKPLACE FLEXIBILITY

37. PHASE-IN RETIREMENT SCHEME

37.1 Management recognises that some employees may like to phase-in their retirement. Management is committed to exploring and implementing (where possible) assistance programs and training to allow employees to work towards retirement. This may include job sharing arrangements and regular retirement seminars.

37.2 Planning retirement seminars are only useful if undertaken at the earliest possible age. E.g. 35 years is much better than 55 years of age.

37.3 A planning retirement seminar for all employees will be held during the life of this Agreement.

PART I TRAINING & DEVELOPMENT

38. EMPLOYEE DEVELOPMENT REVIEWS

38.1 In keeping with the City of Mandurah’s commitment to training and development of the workforce, all Cityfleet employees will participate in two (2) development reviews each year, six (6) months apart. The first review will be a formal documented review conducted on the employee’s anniversary of commencement.

38.2 The second review will be an informal review unless circumstances dictate otherwise. The purpose of the second review is to ensure that all employees are working within the framework mutually set at their first review.

38.3 Either party may have a nominated third party present should the circumstances warrant an additional person present. All documentation will be strictly confidential with the exception of the training components.

39. SKILLS ENHANCEMENT PROGRAM

39.1 The parties are committed to the development of skills and expertise relevant to the functions of the Cityfleet section. Any training and development


undertaken may be on the basis of workplace learning or through established training courses.

39.2 Employees will, where applicable, be encouraged to participate in skills based rotation programs. The purpose of these programs is to extend the opportunity for multi-skilling and thus assist with the development of new career prospects.

39.3 Every effort will be made by the City to ensure all employees in the Cityfleet workforce receive the equivalent of 17 hours training per year, per employee. It is recognised that all employees may not receive 17 hours training in any one year.

39.4 The City of Mandurah is committed to providing training to its employees to enhance their career opportunities. Any training provided will be consistent with the current and future needs of council and career opportunities for the employees.

39.5 Employees participating in multi-skilling opportunities will have their current salary levels (including allowances and penalties) maintained.

39.6 Employees are encouraged to participate in the City’s Study Leave Program as described in the City of Mandurah Policy Manual.

40. CUSTOMER SERVICE

40.1 In order to place greater emphasis on customer service, including customer service outcomes within the agreement, Cityfleet employees agree to;

(a) The wearing of corporate identification.(b) Participation of training in customer service skills.(c) Closer liaison with customers.(d) Ownership by work crews of work performed and customer contact.

40.2 Whilst the City acknowledges that integral to its strategy of providing excellent customer service is a highly skilled and flexible workforce, motivated to utilise their skills, it is the joint responsibility of the Manager and employees to actively pursue the development of skills.

40.3 Employees agree to undertake the necessary training to enable them to perform

their duties competently, and to increase their skills to provide excellent customer service.

PART J MISCELLANEOUS

41. PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT (PPCE)

41.1 In keeping with the duty of care of employer and employees, the City of Mandurah shall supply Personal Protective Clothing and Equipment (PPCE) and the employees will comply with these obligations and wear them.


(i) Two (2) sets of PPCE, twice a year for continuing employees will be provided. The PPCE to be worn (which includes long shorts) are prescribed in the OSH Procedural Manual.

(ii) Two (2) sets of PPCE will be provided to casual employees. The PPCE to be worn (which includes long shorts) are prescribed in the OSH Procedural Manual.

(iii) One (1) winter jacket or jumper (replaced when damaged) will be supplied.

(iv) The employees preferred name will be embroidered on the relevant PPCE.

(v) Where during the course of work the PPCE is damaged beyond an acceptable standard, the damaged garment shall be exchanged for a new garment.

(vi) All employees not wearing the prescribed PPCE may be sent home in their own time to change.

(vii) All employees shall wear the prescribed PPCE as per the OSH Procedural Manual. It is a condition of employment that employees wear and maintain in good condition their safety clothing. It is recognised by the parties that failure to observe these regulations may result in disciplinary action.

(viii) All issues of work clothes and footwear, in existence, are to be returned on termination of employment. (City of Mandurah logos and identification will be removed before being donated to a charitable organisation).

42. RIGHT OF ENTRY

42.1 In consultation with the Manager Engineering Services and at a time to suit workload demands, the City will grant the right of entry to a duly accredited Union representative to the workplace.

42.2 The City will not allow access to personal records without the written consent of the employee concerned, and only to a duly accredited union representative.

42.3 Suitable notice is to be given by the Union to the City of their intention to visit the worksite and the identification of the duly accredited representative is to be given to the Manager Engineering Services.

43. UNION DEDUCTIONS

43.1 The City will take deductions from an employee’s payroll and forward monthly to the appropriate Union office or bank account, if requested in writing to do so from any employee who wishes to join a Union.


SIGNATORIES TO THE AGREEMENT

EXECUTED by the parties:

On behalf of:The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers – Western Australian Branch

Signed: __________________________________Date:______________________

Name: ___________________________________

Witness: _________________________________Date:______________________

THE COMMON SEAL of CITY OFMANDURAH was hereunto affixed byauthority of a resolution of the CouncilIn the presence of:

___________________________ Keith Holmes Date: ______________________Mayor

___________________________ Mark Newman Date: ______________________Chief Executive Officer

Witness _______________________ Name: _________________________


APPENDIX A

INFORMAL RESOLUTION PROCESS


Speak to the supervisor or employee concerned. (At any time during this process an observer may accompany an employee).

State the issue and seek resolution

RESOLVEDEnd of issue

UNRESOLVEDDiscuss with immediate supervisor.

If not resolved at this level contact Manager Operations Services, Union and/or Consultative Representatives.

RESOLVEDChosen option resolved the issue and the matter is settled

UNRESOLVEDProceed to formal action

process

- Whilst this occurs work continues as normal, no industrial action will be taken by the workforce or the union during this formal action stage

- Depending on the complexity of the issue and the availability of staff by agreement the 5-day limit may be extended.

If at the end of the agreed action time limit the matter is still unresolved the employees or their shop steward shall notify the Union Secretary or their nominee for the purposes of further discussion prior to any decision to lodge in the Western Australian Industrial Relations Commission.

Should the matter remain unresolved the parties will consider the benefit of lodging in the Western Australian Industrial Relations Commission for conciliation and Arbitration.

Ensure all interview details are clearly recorded and the employee(s) sign the statement as a true record.

If the matter is unresolved the Union communicates its intention to lodge in the Western Australian Industrial Relations Commission in accordance with the Act.

Involved parties must be informed that all relevant documentation will be placed on employee’s personal file and marked ‘confidential’.

Director or CEO to agree to outcome decision prior to advising involved parties.

A clear decisive statement of outcome action to be presented to involved parties. When disciplinary action is involved, it must become effective immediately.

If no clear decisive decision can be reached, all parties to be advised of ongoing investigation and informed on a weekly basis.

TIME LIMIT 3

Manager informs Director of Works and Services or the Chief Executive Officer, if the matter involves the Director

Director or CEO will interview the parties concerned to ensure correct understanding of the issues. A person of choice may accompany the employee. This includes an interpreter or presentative from own cultural background or an employee representative.

TIME LIMIT 5 DAYS

TIME LIMIT 3 DAYS

FORMAL ACTION PROCESS

APPENDIX B

SALARY SCALE

Classification

Award 38 hour Weekly Rate Metal Trades

(General) Award 1966

Current Salary excluding

6% Bonus at18 August 2003

EBA

Payable on Certification (15% above

18 August 2003 EBA Two Rate) excluding

6% BonusWage Group C10 561.20 582.19 669.52Wage Group C8 602.90 629.89 724.37Apprentices – paid on a pro-rata basis of the C10 Engineering Tradesperson’s rate at following percentages

42% 235.70 244.52 281.2055% 308.66 320.20 368.2475% 420.90 436.64 502.1488% 493.86 512.33 589.18

Minimum Adult Apprentice

406.70

N.B. 1. Award rates as at June 2004 and include 2004 NWAN.B. 2. Rates include tool allowance, industry allowance and special allowanceN.B. 3. Award Leading Hand rate currently $22.40 for 3 to 10 persons


Cityfleet Employees Industrial Agreement Number Three...

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