RACQ ROAD SERVICE PATROLS
UNION COLLECTIVE AGREEMENT 2008
PART 1 - APPLICATION AND OPERATION
1.1 TITLE
This agreement shall be known as the RACQ Road Service Patrols Union Collective Agreement 2008
1.2 CONTENTS
PART 1 - APPLICATION AND OPERATION
1.1 Title
1.2 Contents
1.3 Agreement Coverage
1.4 Date and Period of Operation
1.5 Aim of Agreement
1.6 Definitions
1.7 Single Bargaining Unit
1.8 Commitments
PART 2 - GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE
2.3 Anti-Discrimination, sexual harassment and workplace harassment
(workplace bullying)
PART 3 - ENTERPRISE FLEXIBILITY
3.1 Measures to Achieve Gains in Productivity, Efficiency and Flexibility
PART 4 - CONSULTATION
4.1 Consultative mechanism
4.2 Employees Representatives
PART 5 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
5.5 Redeployment
5.6 Redundancy
5.7 Consultation before terminations
5.8 Transfer to lower paid duties
5.11 Notice to Centrelink
5.12 Superannuation benefits
5.13 Employee leaving during notice
5.14 Alternative employment
5.15 Employees with less than one year's service
5.16 Employees exempted
5.17 Exemption where transmission of business
5.18 Incapacity to pay
5.19 Continuity of service - transfer of calling
PART 6 - WAGES AND WAGE RELATED MATTERS
6.1 Patrol Officer classifications
6.2 Training modules
6.3 Wages
6.4 Payment of wages
6.5 Wages Taken as Non-Cash Benefits
6.6 Superannuation Contribution
6.7 Battery Sales & Fitment
6.8 Battery Commission
PART 7 - ALLOWANCES
7.1 Leading Hand Allowance
7.2 Indexed Allowances
7.3 Shift Work
7.6 Higher Duties Allowance
7.7 Team Leader Payment
PART 8 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK
8.1 Hours of work - day work
8.2 Hours of work - shift work
8.3 Hours of work general
8.4 Fixed Roster Position
8.5 Flexibility in Rosters
8.6 Holiday Rosters
8.8 Overtime
8.9 Allocation of overtime
8.10 On call availability
8.11 Standby Periods
PART 9 - MEAL BREAKS, MEAL ALLOWANCES
PART 10 - LEAVE AND PUBLIC HOLIDAYS
10.1 Annual leave
10.3 Public Holidays
10.4 Community Day
PART 11 PERSONAL/CARERS LEAVE
11.1 Definitions
11.2 Definition of paid personal leave
11.3 Accumulation of personal leave
11.4 Personal leave for personal injury or sickness
11.5 Personal leave to care for an immediate family or household member
11.6 Employee must give notice
11.7 Substitution of Annual Leave for Sick Leave
11.8 Sickness while on Annual Leave
11.9 Unpaid personal leave
11.10 Absence Management Programme
PART 12 - PARENTAL LEAVE
PART 13 - PARENTAL BONUS
PART 14 BEREAVEMENT/COMPASSIONATE LEAVE
14.1 Compassionate Leave
14.2 Bereavement Leave
PART 15 - JURY SERVICE
PART 16 - TRANSFERS, TRAVELLING, AND WORKING AWAY FROM USUAL PLACE OF WORK
PART 17 TRAINING AND RELATED MATTERS
17.2 Professional Development
PART 18 OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES
18.1 Drinking water
18.2 Clothing
18.3 First aid
PART 19 - MISCELLANEOUS PROVISIONS
19.1 Introduction or modification of technology and associated work processes
19.2 Promotion, sales and fitment
19.3 Servicing of vehicles
19.4 Receipting of club funds
19.5 Relief Patrols
19.6 City - Start - Patrols
19.7 Postal ballot
Appendix A - JOINT CONSULTATIVE COMMITTEE
Appendix B - PART TIME EMPLOYMENT
Appendix C - COMPOSITE WAGE
Appendix D - 1998 A Roster
1.3 AGREEMENT COVERAGE
The Agreement shall apply to and be binding upon:
(a) RACQ Group including RACQ Operations Pty Ltd and The Royal Automobile Club Queensland Limited.
(b) All employees, whether members of an organization of employees listed in subclause (c) here of, or not, and employed as Road Patrol Officers throughout the State of Queensland for whom classifications and rates of pay are herein provided.
(c) The Automotive, Metals, Engineering, Printing and Kindred Industries Union of Employees, Queensland (AMWU).
1.4 DATE AND PERIOD OF OPERATION
This agreement shall remain in force from the date of lodgment.
The nominal expiry date of the agreement is 17 December 2010.
This agreement incorporates the Road Service Patrols Award Royal Automobile Club of Queensland State 2002. This provision incorporates allowable award matters and preserved award matters, excluding prohibited content, as contained in the Award and where this agreement modifies or alters those entitlements, the terms and conditions of this agreement shall prevail to the extent of any inconsistency.
The parties acknowledge that the agreement will be in operation during which time the Award system is to be reviewed under the Workplace Relations Act 1996 (CWealth), as amended from time to time.
1.5 AIM OF AGREEMENT
It is the objective of the parties of this Agreement to implement workplace practices so as to provide for more flexible working arrangements, which improve the efficiency and productivity of the employees, enhance skills and job satisfaction and assist positively in ensuring that RACQ becomes a more efficient, productive and customer focused enterprise.
1.6 DEFINITIONS
1.6.1 The Act means the Workplace Relations Act 1996, as amended from time to time.
1.6.2 The Club means Royal Automobile Club Queensland Limited and RACQ Operations Ltd.
1.6.3 Commission means the Australian Industrial Relations Commission.
1.6.4 Union means the Automotive, Metals, Engineering, Printing and Kindred Industries Union of Employees, Queensland (AMWU).
1.6.5 Award means Road Service Patrols Award State 2002 Royal Automobile Club of Queensland
1.7 SINGLE BARGAINING UNIT
For the purpose of negotiating this workplace agreement a negotiating committee consisting of (3) management representatives, three (3) employee representatives and their advisors was formed. A broad agenda of ideas and suggestions from staff have been considered.
1.8 COMMITMENTS
The parties agree that they will not pursue any further claims for the duration of the Agreement. This agreement is full and final settlement and represents all entitlements to wages and conditions of employment for employees covered.
PART 2 GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE
2.1 Grievance Procedure
2.1.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
2.1.2 In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor, the employee/s may bypass this level in the procedure.
2.1.3 If the grievance or dispute is not resolved under clause 2.1.2, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
2.1.4 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 2.1.6.
2.1.5 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.3, the matter shall be elevated to the employers representative/s and relevant representative/s of the employee (which may be the union). This should occur as soon as it is evident that discussions under clause 2.1.3 will not result in resolution of the dispute.
2.1.6 If, after discussion between the parties, or their nominees mentioned in clause 2.1.5 the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Commission in accordance with the provisions of clause 2.2.
2.1.7 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
2.1.8 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
2.1.9 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act.
2.2 Dispute Resolution - AIRC
2.2.1 If the matter still remains unresolved and all agreed steps outlined above for resolving the matter have been taken, the matter may be referred to the Australian Industrial Relations Commission (AIRC) as a dispute for mediation and/or conciliation and/or arbitration. The union may notify the Commission of any dispute arising from this Agreement upon request by a member affected. The employer representative/s may notify the Commission of any dispute arising from this Agreement. The AIRC will function to assist the parties, through mediation and/or conciliation, in the first instance.
2.2.2 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute before the AIRC.
2.2.3 The Commission shall have, in respect of conciliation and arbitration, all the substantive powers necessary or convenient for the resolution of the dispute. If arbitration is necessary, the Commission may exercise its procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
2.2.4 The Commission shall, in respect of conciliation and arbitration:
· Avoid unnecessary formality, technicalities and legal forms;
· Not be bound by the rules of evidence;
· Act according to equity, good conscience and the substantial merits of the case;
· Apply the principles of natural justice;
· Have the power to determine appropriate remedies to resolve the dispute.
2.2.5 An arbitrated decision of the Commission in accordance with 2.2.1 will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench, which will have the same powers as those set out in clause 2.2.3 and 2.2.4 above to bring about a just resolution of the dispute.
2.2.6 It is a term of this agreement that while the dispute resolution procedure is being conducted, work shall continue normally unless an employee has a reasonable concern about an imminent risk to his or her health and safety.
2.2.7 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute.
2.3 Anti-Discrimination, sexual harassment and workplace harassment (workplace bullying)
2.3.1 The parties to this agreement are committed to implementation of legislative standards prescribed by law in relation to anti-discrimination, sexual harassment and workplace harassment.
PART 3 - ENTERPRISE FLEXIBILITY
3.1 MEASURES TO ACHIEVE GAINS IN PRODUCTIVITY, EFFICIENCY AND FLEXIBILITY
3.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at the enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction and to encourage consultative mechanisms across the workplace.
(a) General Statement - measures designed to achieve real and demonstrable gains in productivity, efficiency and flexibility will, or have been implemented and are set out in this Agreement.
(b) Productivity Improvement General - The parties to this Agreement have developed a broad framework to facilitate ongoing improvement based on productivity, efficiency and flexibility benchmarks agreed upon by the consultative committee.
(c) Continuous Improvement Activities for Duration of Agreement -The benchmarks serve as indicators for employees to continually meet, and cover employee skills and training, efficiency, technology and flexibility in rosters.
(d) Expected Benefits The Benefits associated with the implementation of the Agreement are:
(i) The implementation of new technology to allow RACQ to meet its objective of efficient and effective delivery of Road Service to its members. Refer to clause 19.1
(ii) The introduction of additional revenue generating duties into the scope of functions performed by Patrols. Refer Clause 19.2
(iii) An increase in the flexibility in the start points for certain Patrols (refer clause 19.6), the servicing of patrol vehicles (refer clause 19.3), the receipting and payment of monies by Patrols (refer clause 19.4)
PART 4 CONSULTATION
4.1 Consultative mechanism
4.1.1 RACQ management, employees and nominated representatives of management and employees shall establish a consultative mechanism and procedures appropriate to the size and structure of the Club. Measures raised by the employer, employees or their representatives for consideration consistent with the objective of Part 3 Enterprise Flexibility, shall be processed through the consultative committee mechanism and procedures.
4.1.2 Joint Consultative Committee
The parties have jointly developed an appropriate consultative committee charter, (refer Appendix A) which promotes a consultative approach to work organisation and change.
(a) Employee representatives shall be allowed reasonable time during working hours without loss of pay to meet and prepare for meetings. The timing and duration of these meetings will be by mutual agreement with the Executive Manager Road Service.
(b) Employee representatives are to be paid a minimum of two hours overtime for each meeting attended where the start of meeting is held outside their normal rostered hours.
4.2 Employees Representatives
4.2.1 Employees elected from staff employed as road service patrols, shall upon notification to the employer be recognised as a representative for the patrols.
4.2.2 Representatives for patrols will be allowed reasonable time during normal working hours to meet with the employer on matters affecting those whom they represent in accordance with the Dispute Resolution procedure of this agreement.
4.2.3 RACQ will not unreasonably restrict Patrol representatives from attending mutually approved training and access to employees for consultation and discussion regarding relevant issues.
4.2.4 Subject to prior approval of the employer a representative shall be allowed at a place designated by the employer reasonable time during working hours to meet. Additionally RACQ will provide a meeting venue, up to twice in any calendar year, for the purpose of patrol representative (s) meeting with fellow patrols.
4.2.5 For patrols working their rostered shift, arrangements will be made to provide them with up to two (2) hours of paid time to attend the meetings, during their shift.
The holding and timing of these meetings will be by mutual agreement.
PART 5 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
5.1 Categories of employment
5.1.1 Employment of Patrol Officers shall be either:
(a) full-time; or
(b) part-time ( in accordance with Appendix B) or
(c) job share
5.1.2 The employer may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill, competence and training.
5.1.3 The employer may direct an employee to carry out such duties and use such tools and equipment as may be required:
Provided that the employee has been properly trained in the use of such tools and equipment (where relevant).
5.1.4 Any direction issued by the employer pursuant to clauses 5.1.2 and 5.1.3 shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.
5.2 Outside work
5.2.1 A Patrol Officer shall not engage in any work of a nature performed under this Agreement for any fee or payment of any kind other than the wage received from the Club. Moreover, a Patrol Officer shall not solicit work while on duty
5.3 Termination of employment
5.3.1 Statement of employment
The Club shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.
(a) The Club may dismiss an employee only if the employee has been given the following notice:
Period of Continuous Service Period of Notice
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 3 weeks
More than 5 years 4 weeks
(b) Payment in lieu of notice shall be made if the appropriate notice is not given:
Provided that employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.
(c) In calculating any payment in lieu of notice the minimum compensation payable to an employee will be at least the total of the amounts the Club would have been liable to pay the employee if the employee's employment had continued until the end of the required notice period. The total must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
(d) The period of notice in clause 5.3.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of a casual employee, or an employee engaged by the hour or day, or an employee engaged for a specific period or tasks.
The notice of termination required to be given by an employee shall be one (1) week. If an employee fails to give notice, the Club shall have the right to withhold monies due to the employee with a maximum amount equal to the amount the employee would have received in one week.
During the period of notice of termination given by the Club, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. This time off shall be taken at times that are convenient to the employee after consultation with the Club.
5.4 Introduction of changes
(a) Where the Club decides to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Club shall notify the employees who may be affected by the proposed changes and, where relevant, their representatives
(b) "Significant effects" includes termination of employment, major changes in the composition, operation or size of the Club's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs:
Provided that where this Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.
(a) The Club shall consult the employees affected and, where relevant, their representative and representatives about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the Club intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).
(b) The consultation must occur as soon as practicable after making the decision referred to in clause 5.4.1.
(c) For the purpose of such consultation the Club shall provide in writing to the employees concerned and, where relevant, their representatives, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that the Club shall not be required to disclose confidential information, the disclosure of which would be adverse to the Club's interests.
5.5 Redeployment
5.5.1 Wherever possible, redeployment of the incumbent Patrol Officer will be the preferred option addressing circumstances where a position has been made redundant.
5.6 Redundancy
5.6.1 Where termination of employment occurs due to redundancy, Patrol Officers will be entitled, in addition to the period of notice prescribed for ordinary termination, to a severance payment of two (2) weeks wages for each year of service, pro-rata for completed months, with a minimum payment of two (2) weeks and a maximum payment of 50 weeks.
5.6.2 'Weeks' Wages' means the ordinary time rate of pay for the employee concerned:
Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments.
5.7 Consultation before terminations
5.7.1 Where the Club decides that the Club no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Club shall consult the employee directly affected and where relevant, their representatives.
5.7.2 The consultation shall take place as soon as it is practicable after the Club has made a decision, which will invoke the provisions of clause 5.7.1 and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned.
5.7.3 For the purpose of the consultation the Club shall, as soon as practicable, provide in writing to the employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out:
Provided that the Club shall not be required to disclose confidential information, the disclosure of which would be adverse to the Club's interests.
5.8 Transfer to lower paid duties
5.8.1 Where an employee is transferred to lower paid duties for reasons set out in clause 5.7.1 the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under clause 5.3.
5.8.2 The Club may, at the Club's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Club would have been liable to pay and the new lower amount the Club is liable to pay the employee for the number of weeks of notice still owing.
5.8.3 The amounts must be worked out on the basis of:
(a) the ordinary working hours to be worked by the employee; and
(b) the amounts payable to the employee for the hours including for example allowances, loadings and penalties; and
(c) any other amounts payable under the employee's employment contract.
5.9 Transmission of business
5.9.1 Where a business is, transmitted from the Club (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee:
(a) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and
(b) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.
5.9.2 In clause 5.9.1, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.
5.10 Time off during notice period
5.10.1 Where a decision has been made to terminate an employee in the circumstances outlined in clause 5.7, the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
5.10.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the Club, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
5.11 Notice to Centrelink
Where a decision has been made to terminate employees in the circumstances outlined in clause 5.7, the Club shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out.
5.12 Superannuation benefits
The Club may make an application to the Commission for relief from the obligation to make severance payments in circumstances where:
(a) the Club has contributed to a superannuation scheme which provides a particular benefit to an employee in a redundancy situation; and
(b) the particular benefit to the employee is over and above any benefit the employee might obtain from any legislative scheme providing for superannuation benefits (currently the federal Superannuation Guarantee levy) or an award based superannuation scheme.
5.13 Employee leaving during notice
An employee whose employment is terminated for reasons set out in clause 5.7 may terminate such employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the Club until the expiry of such notice:
Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
5.14 Alternative employment
The Club, in a particular case, may make application to the Commission to have the general severance pay prescription amended if the Club obtains acceptable alternative employment for an employee.
5.15 Employees with less than one year's service
Clause 5.6 shall not apply to employees with less than one year's continuous service and the general obligation on the Club should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
5.16 Employees exempted
Clause 5.6 shall not apply:
(a) where employment is terminated as a consequence of misconduct on the part of the employee; or
(b) to employees engaged for a specific period or task(s); or
(c) to casual employees.
5.17 Exemption where transmission of business
5.17.1 The provisions of clause 5.6 are not applicable where a business is transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances:
(a) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or
(b) where the employee rejects an offer of employment with the transmittee:
(i) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(ii) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.
5.18 Incapacity to pay
The Club in a particular redundancy case may make application to the Commission to have the general severance pay prescription amended on the basis of the Club's incapacity to pay.
5.19 Continuity of service - transfer of calling
In cases where a transfer of calling occurs, continuity of service should be determined in accordance with the Workplace Relations Act 1996 as amended from time to time.
PART 6 WAGES AND WAGE RELATED MATTERS
6.1 Patrol Officer classifications
6.1.1 Patrol Officer Grading
Patrol Officer - Grade 1 -A Patrol Officer Grade 1 is a new employee for whom there will be two (2) methods of entry:-
Patrol Officer Unqualified (Trainee) - A new employee who has passed the RACQ selection tests and successfully completed RACQ induction training who possesses industry experience as deemed relevant and may be working toward an appropriate trade qualification.
Patrol Officer - Qualified - A qualified trainee is a new employee who has passed the RACQ selection tests and successfully completed RACQ induction training and who holds an appropriate trade qualification.
Patrol Officer - An employee who has satisfactorily worked to the required Patrol Officer performance standards for a period of 12 months and has successfully completed the appropriate training modules. A Patrol Officer requires minimal supervision and can be asked to perform the more difficult tasks and to assist other Patrols in the lower grades as required.
Senior Patrol Officer - Appointment by vacancy only. An employee who has successfully proven their competence as a Patrol Officer and their capacity to work above the level of a Patrol Officer. Senior Patrol Officers are required to act as Leading Hands and carry out extra duties, special projects etc. Senior Patrol Officers are encouraged to undertake further education in business management.
6.1.2 Patrols who wish to dispute their rate of progression through the grades may utilise the dispute resolution provisions outlined in Part 2 of this Agreement.
6.1.3 Where a Patrol has failed to successfully complete the required training modules within the twelve-month period, a further opportunity will be provided within the subsequent six-month period. No Patrol will progress to the next level unless all requirements for training and performance standards have been achieved.
6.1.4 Patrols Grade 1 who have completed the requisite training modules and proved their on-the-job competence may be progressed to a Patrol Officer as deemed appropriate through appraisal of on-the-job-performance and training results. Patrols Grade 1 who wish to dispute their rate of progression may utilise the dispute resolution provisions outlined in Part 2, Grievance and Dispute Settling Procedure.
6.1.5 Once the training and exam has been completed, the Patrol will be paid at the appropriate higher rate.
6.2 Training modules
6.2.1 The training modules referred to in Clause 6.1 are contained within the Road Service Patrols Grading Course programs. Content of the modules will be updated from time to time; this will be done through the consultative process.
6.3 WAGES
6.3.1 General Pay Increase
In recognition of the productivity measures identified in this Agreement, the following increases shall be available to all employees covered by this Agreement:
Commencing 16 January 2008, all classifications will receive a 4.5% pay increase. A second pay increase of 4.5% for all classifications will become effective on 15 January 2009. A third and final pay increase of 4.5% for all classifications will become effective on 15 December 2009. The wage increases are outlined in the following table:
|
Wage Increases RACQ Road Service Patrols Certified Agreement 2008 |
|
Classification |
Wage Rate (per week) Date effective |
|
16 January 2008 |
15 January 2009 |
15 December 2009 |
|
Patrol Grade 1 (Trainee) |
$694.51 |
$725.76 |
$758.42 |
|
Patrol Grade 1 (Qualified) |
$751.60 |
$785.42 |
$820.76 |
|
Patrol Officer |
$789.25 |
$824.77 |
$861.88 |
|
Senior Patrol Officer |
$789.25 |
$824.77 |
$861.88 |
6.3.2 Composite Wage
For the composite wage applicable to employees under this Agreement see Appendix C.
6.4 Payment of wages
Wages will be paid fortnightly by electronic funds transfer directly to a bank account or other financial institution account as specified by the patrol and on termination all wages shall be paid as soon as practicable and in any event within 24 hours after application is made for such payment except when a holiday or weekend intervenes.
6.5 WAGES TAKEN AS NON-CASH BENEFITS
6.5.1 Part of the salary prescribed in this agreement may be taken in the form of non-cash benefits by agreement between an individual employee and the employer. The terms of any agreement must be committed to in writing and signed by the employee and the employer.
6.5.2 The employer will ensure that the total value of the cash and non-cash benefits does not fall below the minimum prescribed salary for the job.
6.6 SUPERANNUATION CONTRIBUTION
From the effective date of this agreement to the agreements nominal expiry date the agreed funds, which RACQ will pay contributions to are the Australian Super and/or RACQ Superannuation Fund (Defined Benefit and Accumulation). The agreed superannuation funds will be expanded to include the Superannuation Trust Funds.
6.7 BATTERY SALES & FITMENT
a) Intent - In instances where patrol diagnoses a faulty battery as the cause of a customer road service call, the patrol will offer for sale, fit and receipt a battery, and any associated accessories, from stock held in the patrol vehicle.
b) Payment - Patrols will be recieve a commission from the sale of each battery. This commission is paid as a team based 'battery bonus'.
c) Vehicle Fit-out - each patrol vehicle will be equipped to carry a range of batteries and accessories as part of the normal vehicle fit-out.
d) Re-stocktaking - The patrol must maintain the standard range of batteries as determined from time to time by re-stocking at designated re-stocking points. At each stocking point the patrol will transfer all scrap batteries out of the vehicle and re-load the vehicle with new stock. The patrol will also complete all necessary stock control paperwork as may be determined from time to time.
e) Receipting - The patrol will receipt payment for a battery sale through acceptance of either cash, credit card, cheque or fleet account. The patrol will complete all necessary receipting paperwork as determined form time to time. The patrol will also comply with any company - wide cash handling policies with regard to frequency of paying in at designated pay-in locations, security and documentation.
f) Operational Procedures - The patrol will complete all necessary mobile data unit/data transmission operations as determined from time to time to enable all battery sales to be recorded and operational statistics to be maintained.
6.8 BATTERY COMMISSION
6.8.1 A commission will be paid to Patrols for the sale or warranty replacement of each battery subject to the following:
a) The battery commission is the gross amount to be expended by RACQ and is inclusive of its superannuation obligations. The amounts will be paid through the payroll system, and subject to the relevant taxation legislation.
b) Battery Commission will be paid on a team basis. The total amount of all individual commissions will be paid in equal amounts paid to each team member on a monthly basis.
6.8.2 The original concept and business plan for battery sales and commission was as a profit sharing arrangement between The Club and Patrol staff.
The current method of battery calculation to determine the minimum payment, uses the following methodology and process, which was agreed with Patrol representatives.
Battery Commission Calculation Process
(a) At the time of any price alteration, establish the top ten batteries by volume (unit sales) from the preceding 6 months patrol battery sales figures as determined by the Manager, RACQ Battery Program. Establish the average new selling price of those top ten batteries.
(b) New commission payable will represent 8.57% of that average new selling price.
Therefore under this methodology and process battery commission will become $12.47 per battery sold or exchanged under warranty effective from 1 December 2007.
6.8.3 Additionally the option of commission splitting is available for introduction, if requested by the majority of patrols, during the term of this agreement. The ratio of any split would be subject to negotiation at the time such a request.
6.8.4 Restocking batteries by agreement with RACQ a payment of one hour ordinary time will be paid to Patrol Officer who agrees to voluntarily restock their patrol vehicles with batteries from the battery truck when not on shift. The procedure for claiming payment for restocking batteries will be as per Road Service Patrols Operations Manual.
PART 7 ALLOWANCES
7.1 Leading hand allowance - In addition to the rate for Patrol Officer as specified in clause 6.3 Senior Patrol Officers shall receive a leading hand allowance payable at a rate of 6.72% of the base pay of a Patrol Officer (excluding all penalties and allowances) for all purposes of the Agreement.
7.2 INDEXED ALLOWANCES
All allowances listed in this Clause 7.2 will be indexed to wage increases as specified in 6.3.
7.2.1 Disability payment - A disability payment payable for all purposes of the Agreement to all Patrol Officers will be $45.70 per week. This payment is in lieu of the following disabilities associated with their work and the conditions under which it is performed other than those for which provision is made elsewhere in this Agreement.
Wet, hot or noxious gas fumes
Battery work
Dirty work
Repairing unclean vehicles
Driving motor vehicles drawing trailers
Working in rain
Working in dangerous and hazardous situations
Working in road dust
Working in exhaust fumes
Providing member advisory services
Promoting RACQ group services on the road
and any other disability that may occur within the parameters of the occupation of Road Patrol.
|
Disability Payment |
16 January 2008 |
15 January 2009 |
15 December 2009 |
|
|
$47.76 |
$49.91 |
$52.15 |
7.2.2 First aid allowance - An allowance per week shall be paid where a Patrol Officer holds a current First Aid Certificate.
Designation of first aid officers shall be by RACQ.
|
First Aid allowance |
16 January 2008 |
15 January 2009 |
15 December 2009 |
|
|
$11.50 |
$12.01 |
$12.55 |
7.2.3 Patrol Officers shall be paid a tool allowance per week for tools not customarily supplied by the employer. Any special tools deemed necessary by the Club shall be provided by the employer free of cost to the employee.
|
Tool Allowance |
16 January 2008 |
15 January 2009 |
15 December 2009 |
|
|
$17.56 |
$18.35 |
$19.17 |
7.2.4 Laundry allowance - Patrol Officers shall be paid an allowance per week for the cost of laundry.
|
Laundry Allowance |
16 January 2008 |
15 January 2009 |
15 December 2009 |
|
|
$9.04 |
$9.45 |
$9.87 |
7.3 SHIFT WORK
7.3.1 Definition of Shift Worker: is a Patrol Officer who works a shift roster, seven days per week, including public holidays and weekends within a spread of hours of 0600 to 2300.
7.3.2 Shift work allowance A weekly shift allowance of 22.5% is payable to all Patrol Officers in compensation for afternoon shift work and work performed in ordinary shift time at week-ends.
This amount reflects the ability of these Patrol Officers to be fully utilised within the RACQ Roster as agreed from time to time.
7.3.3 Calculation of shift work allowance the allowance is calculated in accordance with the 1998 A Roster as contained in Appendix D.
7.3.4 Should circumstances require a Patrol Officer being required to work permanent straight day shift Monday - Friday that officer will not receive a shift allowance.
7.4 REIMBURSEMENT ALLOWANCES
7.4.1 Broadband internet allowance
(a) RACQ and patrols agree to a phased introduction of remote connectivity of Patrols to the RACQ intranet via the world wide web (WWW). Initial installation fees of the nominated carrier will be paid for new connections where a patrol does not have an existing connection. RACQ will provide patrols with adequate training to facilitate all Patrols being connected.
(b) An allowance equivalent to the nominated carriers monthly fee shall be paid to each Patrol Officer for the cost of ADSL access fees. To participate in this scheme each patrol agrees to communicate with and receive electronic mail from RACQ.
(c) RACQ will provide the necessary software to support this system and will assist with the acquisition of hardware.
7.4.2 Telephone allowance - A telephone allowance will be paid to each patrol equivalent to 1/26 the annual charge levied by Telstra for a single standard telephone line and handset. The allowance will be paid fortnightly through the payroll system and processed in accordance with tax legislation.
7.5 STANDBY ALLOWANCE
7.5.1 Standby allowance - Patrol Officers rostered on Standby will receive an allowance per standby period according to the following schedule:
|
Standby Allowance per standby period |
16 January 2008 |
15 January 2009 |
15 December 2009 |
|
|
$70.64 |
$73.82 |
$77.14 |
7.5.2 The standby allowance is payable irrespective if a Patrol Officer is called out to work during the standby period or not. The standby allowance will be paid after completion of each standby period.
7.6 HIGHER DUTIES ALLOWANCE
Patrol Officers who are required to perform work at a level above their current classified level for a period of more than two days (or shifts), shall be paid at the minimum rate prescribed for that higher level for the whole period involved on such higher duties.
7.7 TEAM LEADER PAYMENT (not indexed)
A team leader duties payment will be paid to a Patrol Officer who is appointed to the role of team leader. The allowance payable will be $153.85 per fortnight.
Patrol Team Leaders will undertake a range of team leader activities alongside regular patrol duties. A patrol appointed to a team leader role will retain their substantive postion.
PART 8 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK
8.1 Hours of work - day work
8.1.1 The ordinary working hours of Patrol Officers other than shift workers shall not exceed an average of 38 in any one week or 8 in any one day, such daily working hours to be worked continuously, except for the meal break, between 7:00 a.m. and 6:00 p.m. Mondays to Fridays both days inclusive.
8.2 Hours of work - shift work
8.2.1 The ordinary working hours of Patrol Officers on shift work shall not exceed an average of 38 in any one week or 8 in any one day to be worked consecutively in accordance with a roster or rosters mutually agreed upon between the Club and the accredited representative of the Patrol Officers. Failing agreement, Part 2 Dispute Resolution Procedure, will be invoked but this procedure must be completed within 14 days or the new roster will apply.
8.3 Hours of work general
8.3.1 Patrol Officers are to be ready to commence duty ("sign on") at either their home address, or at any other mutually agreed starting point as defined in clause 8.3.6 with all equipment at normal rostered shift time.
8.3.2 At least 5 minutes before the commencement of each shift, Patrol Officers will make themselves available by two-way radio or Mobile Data Units to advise the Contact Centre that they are available to commence work. Should a Patrol Officer call in late, the commencement time will be the "sign on" time.
8.3.3 Patrol Officers wishing to swap shifts between themselves may do so, however, the Club will not be liable for any penalty payments which may arise through other conditions in the Award if the arrangement is made between the employees themselves. All arrangements must be advised to the Resource Planning Coordinator prior to the commencement of the earlier of the 2 shifts affected.
8.3.4 The minimum break an employee must have from the completion of the ordinary work on one day to the commencement of ordinary work the next day will be at least 8 consecutive hours off duty between those times.
8.3.5 Acceptance of jobs
Patrol Officers agree to accept jobs up to 15 minutes prior to the end of their ordinary rostered shift, providing the job is in the general direction towards the nominated finishing location. The Club will endeavour to ensure that Patrol Officers will reach the nominated finishing location by the normal finishing time of each shift.
8.3.6 Starting and Finishing point
The starting and finishing point in all cases will be taken as the Patrol Officer's residence. For all Patrol Officers who change their residence, the starting and finishing points will be at a mutually agreed location.
8.4 FIXED ROSTER POSITION
(a) Intent - Each patrol will be allocated a fixed position in their respective roster, which will not vary during periods of annual leave, long service or other extended periods of absence.
b) Review of Rosters - Periodic roster reviews may take place from time to time to ensure that the allocation of fixed locations within the roster provide an even geographic coverage of patrols with respect to start times.
8.5 FLEXIBILITY IN ROSTERS
8.5.1 Definition -The ability to 'fit' the roster for Patrol staff to the work demand e.g. patrols on shift at peak demand times.
8.5.2 As work demand alters, roster reviews need to be done on a regular basis to ensure maximum efficiency and service provision.
8.5.3 Roster reviews will be conducted in accordance with the consultative mechanisms outlined in this Agreement.
8.6 HOLIDAY ROSTERS
8.6.1 Intent - Flexibility will be introduced into patrol holidays to the extent that annual/long service leave will be taken at mutually agreed times within a given team.
8.6.2 Operation - A patrol will have the facility to split leave entitlements within a mutually agreed holiday roster for a given team. The minimum period by which leave will be taken is one week.
Where mutual agreement cannot be reached within a given team, the Team Manager - will arbitrate on the basis of operations efficiency.
8.6.3 Patrol Coverage for the Christmas / New Year Period - In addition to a yearly leave roster within a team, a mutually agreed Christmas / New Year roster will also be developed within the team to facilitate equal opportunity for each member to access days off over the Christmas / New Year period.
8.6.4 For the purpose of this agreement the Christmas / New Year period is considered to be a fourteen day period commencing Christmas Eve.
8.6.5 Due Date - A patrol's annual leave will fall due on the anniversary date commencing employment with RACQ. The leave will then be taken during the following calendar year in accordance with Part 10, Leave and public holidays of the Agreement.
8.7 Flexible working arrangements
8.7.1 The parties agree to trial flexible working arrangements that are not already provided for in existing industrial instruments. These trials, which may include (but not be limited to) work arrangements such as split shifts and part-time work, will be undertaken to evaluate:
Productivity;
Lifestyle;
Workability;
Member Service.
All trials will:
be undertaken by Patrols/Patrol Officer on a voluntary basis;
be undertaken on the basis of an average of 38 ordinary hours per week;
involve a maximum of 12 ordinary hours per day;
be worked on an average of not more than 5 days per week;
be undertaken for a period of 30 days or if the trial is inconclusive for a further 30-day period.
8.7.2 Any trial that the parties believe is viable may be implemented on a permanent basis subject to the agreement of the affected Patrols. Where such an arrangement is entered into the terms will be documented and forwarded by the parties to the AIRC and form an appendix to this Agreement. The terms of the arrangement may cover the applicable remuneration, expiry of the arrangement and early cancellation of the arrangement.
8.8 OVERTIME
8.8.1 Overtime for day workers
(a) All time worked by Patrol Officers employed on day work, in excess of 38 hours per week or an average of 7.6 hours per day, or before the fixed starting time or after the fixed ceasing time, shall be deemed overtime and paid for at the rate of time and a half for the first 2 hours and double time thereafter, each day to stand by itself when overtime is being computed, except when an employee commences overtime on one day and continues to work such overtime into the next day.
(b) If a Patrol Officer is recalled to work after completing their daily work, the Patrol Officer shall be provided with a minimum of 2 hours work or paid as for 2 hours at double time
8.8.2 Overtime for shift workers
(a) All time worked by Patrol Officers employed on shift work outside or in excess of their ordinary working hours as fixed by roster from time to time pursuant to clause 8.2.1 shall be deemed overtime and paid for at the rate of double time;
(b) If a Patrol Officer is recalled to work after completing the Patrol Officer's rostered shift, the Patrol Officer shall be provided with a minimum of 2 hours work or paid as for 2 hours at double time.
8.8.3 Overtime general
(a) An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not at least 8 consecutive hours off duty between those times shall, subject to clauses 8.8.3 (a) and (b), be released after completion of such overtime until the employee has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(b) If on the instructions of the employer such an employee resumes or continues work without having had such 8 consecutive hours off duty, the employee shall be paid double rates until released from duty for such period and the employee shall then be entitled to be absent until the employee has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence:
Provided however, the onus is on each Patrol Officer to advise the Club, if when starting the patrol, they have not had an 8 hour break. The provisions of clauses 8.8.3 (a) and (b) will not apply if a Patrol Officer fails to notify the Club as provided by clause 8.8.3(b).
8.8.4 When a Patrol Officer is allocated a job before normal finishing time, which extends beyond normal finishing time, the patrol will be paid at overtime rates from the normal finishing time until the job is completed and the patrol's nominated finish location is reached.
8.8.5 If a Patrol Officer is allocated a job after normal finishing time overtime will be paid to the finishing point.
8.8.6 Employees who are called out after reaching their starting/finishing point will be paid overtime from the time of leaving their starting/finishing point to the time of reaching their finishing point.
8.8.7 Every endeavour will be made by the Club to ensure that Patrol Officers reach their designated finishing point by the normal finishing time of each shift.
8.9 Allocation of overtime
A documented policy will be available that details the process of overtime allocation. The document will be available in the Patrols Operations Manual.
8.10 On call availability
(a) Intent - To provide a mechanism for Patrol Officers to indicate their availability to accept an offer of overtime to satisfy member demand.
(b) A patrol will signify their availability to work over time by signing in to the CAD system via the patrols home telephone using the free-call system. The system will operate in accordance with the following criteria.
(i) Spread of hours: 0600 to 2000
(ii) Spread of days: seven (7)
(iii) Patrol numbers/hours Requirements determined by Road Service
(iv) Geographic spread open
(v) Patrols will be paid at the rate of $1.00 per hour (calculated in complete 15-min increments) for the time they are signed into the system available to work. This payment will not apply to any hours subsequently worked on overtime.
(vi) If a patrol does sign into the system, and is called out for overtime, the patrol is obliged to be dressed and in his vehicle ready to work within 15 minutes of being notified by the Contact Centre.
(vii) Forfeiture of the value of any stand-by payment (applicable for that particular day) will result if a patrol is unable to be contacted by the Contact Centre when required or fails to comply with (vi).
8.11 STANDBY PERIODS
8.11.1 Patrol Officers agree to participate in a planned standby programme.
(a) Intent - To provide a mechanism that contributes to the allocation of overtime requirements in a planned and reasonable manner, while recognising the lifestyle considerations of Patrol Officers.
(b) Participation levels will be either 6, 11 or 22 periods on average per year. Each period will be of four (4) hours duration. Patrols will not be required to participate in standby periods falling on a Saturday or a Sunday in excess of the following minimum requirements unless by mutual agreement.
|
No. Standby Periods |
Six (6) |
Eleven (11) |
Twenty-Two (22) |
|
Saturdays/Sundays |
2 |
4 |
6 |
(c) While standby periods will be set on the basis of a roster or rosters in accordance with clause 8.5, individual patrols will be given the flexibility to select their own level of participation and signify their preference for standby periods either before a shift, after a shift, on rostered days off (or in combination). When rostering standby periods every endeavour will be made to accommodate each Patrol Officers nominated preferences for standby period deployment (ie before or after a normal shift) an 80% minimum fit with nominated preferences shall be adhered to.
(d) In the case of the standby period commencing prior to the start of the Patrol Officers ordinary shift there will be a break of 30 minutes (between the end of the standby period and the start of the ordinary shift).
(e) In the case of the standby period commencing after the completion of the Patrol Officers ordinary shift there will be a break of 30 minutes between the end of the ordinary shift and the commencement of the standby period.
(f) Patrol Officers will not be required to commence deployment for overtime after two (2) hours prior to the end of a standby period.
(g) Overtime conditions for work performed in standby periods shall be paid in accordance with clause 8.8.
(h) No Patrol Officer will be required to work beyond the end of the standby period.
(i)Standby periods will be contained within the spread of rostered hours (6am 11pm).
(j) Only one callout will occur during each standby period and each Patrol Officer will maintain their availability to commence work immediately on callout.
(k) In exceptional circumstances where a Patrol Officer is unable to fulfil the rostered standby period commitment, alternative standby arrangements are to be made with the Team Manager Road Service.
(l) On the production of suitable medical evidence, consideration will be given to an individual patrol with regard to participation in the standby programme.
PART 9 MEAL BREAKS, MEAL ALLOWANCES
9.1 Meal Breaks
9.1.1 Day work - A meal break of 30 minutes will normally be taken after the completion of the 3rd hour and be completed before the commencement of the 5th hour of work. In periods of heavy demand this can be extended by one hour by mutual agreement e.g. if a Patrol Officer commences day work at 8:00 a.m., the Patrol Officer must have completed the meal break prior to 1:00 p.m., or 2:00 p.m. by mutual agreement. Meal breaks are normally taken at the patrol's home address or RACQ facility for patrols with designated start and finish locations. Meal breaks may be taken at RACQ premises whilst attending training or working at a Club facility. Meal breaks for day work are not paid.
9.1.2 Shift work - A meal break of 30 minutes will normally be taken after the completion of the 3rd hour and be completed before the commencement of the 5th hour of work. In periods of heavy demand this can be extended by one hour by mutual agreement e.g. if a Patrol Officer commences shift work at 8:00 a.m., the Patrol Officer must have completed the meal break prior to 1:00 p.m., or 2:00 p.m. by mutual agreement. Meal breaks are normally taken at the patrol's home address or RACQ facility for City start patrols or patrols with designated start and finish locations. Meal breaks may be taken at RACQ premises whilst attending training or working at a Club facility. Meal breaks on shift work are paid.
9.1.3 If the Patrol Officer is recalled to work, the Patrol Officer will be entitled to a paid meal break of 30 minutes after 4 hours of work at the appropriate rate or paid at double rates if not taken every 4 hours worked, e.g. if a Patrol Officer works 8 hours overtime they would be paid for two 30 minute meal breaks without deduction of pay.
9.1.4 Travelling time either to a Patrol Officer's home or the Club's premises for such a meal break is as agreed upon with a maximum of 1/4 hour. At the end of such meal breaks, Patrol Officers must contact the Contact Centre by two-way radio or Mobile Data Units as appropriate.
9.1.5 Patrol Officers are entitled to a crib break of 15 minutes paid at overtime rates after working on for one hour and less than 4 hours. After 4 hours of working on, applicable meal break provisions shall apply.
9.2 Meal allowance
9.2.1 If a Patrol Officer is required to work overtime for 2 hours or more after their fixed ceasing time without having been notified of such requirement on the previous day, the Patrol Officer shall be provided by the Club with a reasonable meal or paid a meal allowance of $12.00.
9.2.2 Where a Patrol Officer has provided themselves with customary meals because of notification of requirement to work overtime, and the overtime is not required to be worked, or if work ceases before the respective meal times, the Patrol Officer shall be paid an allowance of $12.00 for each meal so provided.
9.2 Voluntary Mobile Meals
9.2.1 Where a Patrol Officer voluntarily agrees to take a meal while on road for eg; at a shopping centre, cafι, take-away or provide their own meal to be consumed away from their home or RACQ premises, then they shall be paid a mobile meal payment of $12.00 for each meal so taken.
9.2.2 The number of voluntary participants may be limited at the discretion of RACQ.
PART 10 LEAVE AND PUBLIC HOLIDAYS
10.1 Annual leave
10.1.1 Every Patrol Officer at the end of each year of employment shall become entitled to an annual leave on full pay of not less than 4 weeks (152 hours). Annual leave may by approval of RACQ be taken in single days.
(a) Such annual leave shall be exclusive of any public holiday which may occur during the period of that holiday and shall be paid for by the Club in advance.
(b) If the employment of a Patrol Officer is terminated before the completion of a full year of employment the Patrol Officer shall be paid, in addition to all other amounts due to the Patrol Officer, a proportionate amount calculated at the rate of ordinary pay for the amount of annual leave due to the Patrol Officer at date of termination pursuant to clause 10.1.1 and to clause 10.1.2.
10.1.2 Loading on annual leave payments - Every Patrol Officer shall be paid, in addition to their ordinary pay for the period of annual leave, or the proportionate amount due on termination of employment pursuant to clause 10.1.1(b), a loading of 17.5% of the amount of leave payable, comprising base rate, shift allowance, disability allowance, leading hand allowance and team leader payment.
Provided, however, that the provisions of clause 10.1.2. shall not apply to any period or periods of annual leave exceeding 4 weeks.
10.1.3 Reasonable notice of requirement to take the annual leave shall be given by the Club.
10.1.4 A period in excess of 3 months during which a Patrol Officer is absent without pay shall not be taken into account in calculating the period of employment for the purpose of clause 10.1.1.
10.1.5 Except as herein provided it shall not be lawful for the Club to give or for any Patrol Officer to take payment in lieu of annual leave.
10.1.6 Annual will be calculated on a 38 hour week basis.
10.1.7 Annual leave/savings - For all employees engaged prior to 1 January 1987, nothing herein contained shall be deemed to construed to withdraw any benefits, concessions or privileges at present being received by persons covered by this Agreement from the Club except as amended by this Agreement.
10.1.8 Existing Patrol Officers as at 1 January 1987 will retain the following conditions:
(a) 5 weeks (190 hours) annual leave.
(b) 17.5% annual leave loading on 5 weeks annual leave.
(c) Should the Club implement 24 hour irregular shift operations 7 days per week at some future date, the conditions contained in clause 10.1.8 will apply to all patrols working shift work.
10.2.1 All employees covered by this Agreement are entitled to long service leave on full pay, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Queensland Industrial Relations Act 1999, excluding prohibited content and as amended from time to time.
10.2.2 Each permanent employee having completed 10 years or more continuous service with RACQ, may choose on a voluntary basis to take up to four (4) weeks of their accrued long service leave as cash provided that such cashing of long service leave is of at least 2 weeks duration. The option to take long service leave entitlements as cash as provided for in this clause is at the sole election of the employee.
10.3 Public Holidays
10.3.1 The following days will be observed as Public Holidays:
· New Years Day;
· Australia Day;
· Labour Day;
· Good Friday;
· Easter Saturday;
· Easter Monday;
· Anzac Day;
· Queens Birthday;
· Christmas Day;
· Boxing Day;
· Show Holiday;
· and any day appointed under the Holidays Act 1983(QLD), as an additional day or as a day to be kept in place of any such holiday.
10.3.2 Except as hereafter provided, all work done by any Patrol Officer on any of the public holidays mentioned in 10.3.1, other than Labour Day, shall be paid for at the ordinary time rate, and in lieu of extra payment for work performed on any such day, the total of holidays so worked shall be added to the Patrol Officer's annual leave entitlement.
10.3.3 Provided however that not more than 5 of such public holidays, excluding Labour Day, may in any one calendar year, by mutual agreement between the Patrol Officer and the Club, be worked and paid for at the rate of double time, instead of being added to the annual leave entitlement, and the additional payment for work performed on such selected holidays shall be made when the Patrol Officer is proceeding on annual leave at the rate of payment applicable at that time.
10.3.4 Every Patrol Officer shall be paid a full day's pay and an additional day's pay for Labour Day irrespective of whether or not the Patrol Officer is required to work on that day.
10.4 Community Day
By agreement with RACQ, an employee may access one paid community day per annum for the purposes of supporting and/or volunteering for community work for a not for profit organisation, a government community organisation or a government emergency services organisation.
PART 11 PERSONAL/CARERS LEAVE
The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees.
11.1 Definitions
(a) The term immediate family includes:
(i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
(ii) 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.
11.2 Definition of paid personal leave
11.2.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:
(a) due to personal illness or injury, not covered by workers compensation (sick leave);
(b) for the purposes of caring for an immediate family or household member who is sick and requires the employees care and support or who requires care due to an unexpected emergency (carers leave).
11.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues at 10 days (76 hrs) per year for employees with less than 2 years service. For employees with more than 2 years service, personal leave will accrue at 12 days per year.
11.2.3 A part-time employee's personal leave entitlement is proportional to that set out above based on their average weekly hours worked.
11.2.4 For the purpose of the above, year shall mean the twelve calendar months between the date of engagement and the corresponding date in the following calendar year and each subsequent year.
11.2.5 Anniversary date shall mean the date in any subsequent calendar year corresponding to the date of engagement of the employee by the employer.
11.2.6 As respects any completed period of employment of less than any one year with the Club, an employee shall become entitled to 7.6 hours' (one day) personal leave for each 6 weeks of such period.
11.2.7 The continuity of employment of an employee with the employer for personal leave accumulation purposes shall be deemed to be not broken by any of the following:
(a) Absence from work on leave granted by the employer;
(b) The employee having been dismissed or stood down by the Club, or the employee having terminated the employment with the Club, for any period not exceeding 3 months:
Provided that employee shall have been re-employed by the Club.
11.2.8 The period during which the employment of the employee with the employer shall have been interrupted or determined in any of the circumstances mentioned in clause 11.2.7(a) and (b) shall not be taken into account in calculating the period of employment of the employee with the employer.
11.2.9 Every employee absent from work through illness on the production of a certificate from a duly qualified medical practitioner specifying the nature of the illness of the employee and the period or approximate period during which the employee will be unable to work, or of other evidence of illness to the satisfaction of the Club, and subject to the employee having promptly notified the Club of the employee's illness and of the approximate period aforesaid shall, subject as herein provided, be entitled to payment in full for all time the employee is so absent from work:
Provided that it shall not be necessary for an employee to produce such a certificate if the employee's absence from work on account of illness does not exceed 2 days.
11.2.10 Personal leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make payment for more than 15 weeks absence from work through illness in any one year.
11.3 Accumulation of personal leave
11.3.1 Personal leave not taken in any year shall accumulate to a total not exceeding 52 working weeks.
11.4 Personal leave for personal injury or sickness
11.4.1 An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in Part 11.
11.5 Personal leave to care for an immediate family or household member
(a) An employee is entitled to use all of their personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.
(b) The entitlement in (a) above is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.
11.6 Employee must give notice
To be entitled to carers leave, when taking leave to care or support a member of their immediate family or household who require care and support because of:
· a personal illness, or injury, of the member; or
· an unexpected emergency affecting the member
The employee must, as soon as reasonably practicable, give the employer notice prior to the absence of the intention to take leave, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of the absence. This clause does not apply to an employee who could not comply with it because of circumstances beyond the employees control.
11.7 Substitution of Annual Leave for Personal Leave
(a) Where an employee has utilised all available personal leave accruals, they may access their annual leave accruals up to five (5) days of their annual leave entitlement where:
(i) they can provide a medical certificate; and
(ii) subject to the availability of annual leave within the business unit or with management discretion.
(b) Substitution of annual for personal leave in addition to that above can only occur by mutual agreement.
11.8 Sickness while on Annual Leave
(a) Where an employee who is on annual leave suffers from a severe illness or injury for the equivalent of five (5) or more working days, annual leave for the period of illness or injury may be recredited and personal leave debited for the period indicated in an appropriate medical certificate.
(b) To action this an employee must apply to have their annual leave recredited and sick leave debited upon their return to work.
(c) The only employees eligible to access this clause are those with sick leave accruals at the time of their illness or injury. Where an employee has insufficient sick leave accruals to cover the period of illness or injury, only the portion of annual leave equivalent to the available sick leave accruals will be recredited. An employee cannot use unpaid personal leave or have a negative personal leave balance in order to recredit more annual leave than available personal leave accruals.
(d) The portion of annual leave loading applicable to the period of annual leave that is recredited is to be repaid to the RACQ Group via deduction from the employees next pay. The leave loading which has been repaid will be available when the annual leave is next scheduled to be taken.
11.9 Unpaid personal leave
11.9.1 Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 11.6 are met.
11.10 Absence Management Programme
11.10.1 The Patrol Officers agree to support a monitoring and management programme in order to reduce absenteeism.
PART 12 PARENTAL LEAVE
(a) Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.
(b) The provisions of this clause apply to full time, part time and eligible casual employees, but do not apply to other casual employees.
(c) An eligible casual employee means a casual employee:
(i) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and
(ii) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.
(d) For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).
(e) An employer must not fail to re-engage a casual employee because:
(i) the employee or employee's spouse is pregnant; or
(ii) the employee is or has been immediately absent on parental leave.
(f) The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
12.1.1 Definitions
(a) For the purpose of this clause child means a child of the employee under school age or a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.
(b) Subject to (c), in this clause, spouse includes a de facto or former spouse.
(c) In relation to 12.1.11, spouse includes a de facto spouse but does not include a former spouse.
12.1.2 Basic entitlement
(a) Employees will be entitled to 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
(b) Subject to 12.1.9 (Special maternity Leave) parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:
(i) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;
(ii) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
12.1.3 Variation of period of parental leave
Where an employee takes leave under 12.1.2 (Basic Entitlement) or 12.1.4 (b)(ii) (Right to request), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than 14 days prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in 12.1.2
12.1.4 Right to request
(a) An employee entitled to parental leave pursuant to the provisions of 12.1.2 (Basic Entitlement) may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave provided for in 12.1.2(b) (Basic Entitlement) up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave provided for in 12.1.2 (Basic entitlement) by a further continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time basis;
to assist the employee in reconciling work and parental responsibilities.
(b) The employer shall consider the request having regard to the employees circumstances and, provided the request is genuinely based on the employees parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employers business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
12.1.5 Employees request and the employers decision to be in writing
The employees request and the employers decision made under 12.1.4(a)(ii) and 12.1.4(a)(iii) (Right to request) must be recorded in writing.
12.1.6 Request to return to work part-time
Where an employee wishes to make a request under 12.1.4(a)(iii) (Right to request), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
12.1.7 Working part-time during pregnancy
(a) With the agreement of the employer a female employee may work part-time in one or more periods while she is pregnant where part-time employment is necessary or desirable because of the pregnancy.
(b) Before commencing a period of part-time employment under 12.1.7(a) , the employee and the employer will agree:
(i) upon the hours to be worked by the employee, the days upon which they will be worked and starting and finishing times for the work;
(ii) upon the classification applying to the work to be performed; and
(iii) upon the period of part-time employment.
(c) The agreement reached under 12.1.7(b) may be varied by consent. The terms of this agreement or any variation to it will be reduced to writing and retained by the employer. A copy of the agreement and any variation to it will be provided to the employee by the employer.
12.1.8 Maternity leave
(a) An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
(i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) at least ten weeks;
(ii) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken at least four weeks.
(b) When the employee gives notice under 12.1.8(a)(i) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
(c) An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.
(d) Subject to 12.1.2 (Basic Entitlement) and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.
(e) Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, the employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
12.1.9 Special maternity leave
(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, the employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
(d) Where leave is granted under 12.1.8(d) (Maternity Leave), during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
12.1.10 Paternity leave
(a) An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
(i) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
(ii) written notification of the dates on which he proposes to start and finish the period of paternity leave; and
(iii) except in relation to leave taken simultaneously with the childs mother under 12.1.2(b) (Basic Entitlements) and 12.1.4(a)(i) (Right to request) a statutory declaration stating:
(a) he will take that period of paternity leave to become the primary care-giver of a child;
(b) particulars of any period of maternity leave sought or taken by his spouse; and
(c) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
(b) The employee will not be in breach of 12.1.10(a) (Paternity Leave) if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
12.1.11 Adoption leave
(a) The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
(b) Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
(i) the employee is seeking adoption leave to become the primary care-giver of the child;
(ii) particulars of any period of adoption leave sought or taken by the employees spouse; and
(iii) that for the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment.
(c) The employer may require an employee to provide confirmation from the appropriate government authority of the placement.
(d) Where the placement of the child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employees return to work.
(e) An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
(f) An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.
12.1.12 Parental leave and other entitlements
(a) Access to entitlements
An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which the employee has accrued subject to the total amount of leave not exceeding 52 weeks or longer as agreed under 12.1.2 (Basic Entitlements)
(b) Accrual of entitlements while on leave
An employees continuity of employment with the employer is not broken by his or her parental leave however he or she does not accrue other entitlements such as annual or long service leave while away and his or her period on leave does not count as part of his or her total period of service with the employer.
12.1.13 Transfer to a safe job
(a) Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job and maintain their Hourly Rate as specified in clause 6.3 (Wages), until the commencement of maternity leave.
(b) If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.
12.1.14 Returning to work after a period of parental leave
(a) An employee will notify of his or her intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
(b) An employee must give at least four weeks notice of his or her intention to come back to work before the end of the leave. On returning (or at the end of the notice given) the employee concerned is entitled to his or her previous position or to a position comparable in status and not less salary to his or her previous position. Previous position means the position the employee held before starting leave or if she moved to safe duties under these provisions, the position held by the employee before she moved.
12.1.15 Replacement employees
(a) A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
(b) Before the employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
12.1.16 Communication during parental leave
(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:
(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employees decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employers capacity to comply with 12.1.16(a).
PART 13 PARENTAL BONUS
13.1.1 In addition to the basic entitlement expressed in clause 12.1.2, employees who have completed 12 months continuous service with RACQ qualify for a bonus entitlement in accordance with the following provisions:
(a) In the case of male employees who are the primary care giver the bonus entitlement is to six (6) weeks paid leave;
(b) In the case of female employees who have completed 12 months continuous service but less than 2 years continuous service, and who are the primary care giver, the bonus entitlement is to six (6) weeks paid leave;
(c) In the case of female employees who have completed 2 years continuous service, and who are the primary care giver, the bonus entitlement is to nine (9) weeks paid leave. Provided that for such employees an additional entitlement of three (3) weeks pay is available on the completion of three months service on return from maternity leave.
13.1.2 The paid parental bonus is not applicable in circumstances where special maternity leave may apply under clause12.1.9
13.1.3 The period of paid parental bonus will be calculated from the commencement of the total period of approved parental leave. Following the expiration of the period of paid parental bonus, employees will be entitled to unpaid maternity leave up to a combined total of 52 weeks.
13.1.4 The parental bonus may be taken at half pay in which case the period of paid leave is doubled. For example six weeks full pay parental bonus may be taken as twelve weeks half pay parental bonus.
13.1.5 The paid parental bonus entitlement prescribed in clause 13.1.1 is to be available to only one parent at a time except as provided in clause 13.1.6 ( Non Primary Care Giver).
13.1.6 The parent who is the non-primary care giver may access paid parental leave for a period of one (1) week following the birth of the child in the case of maternity and paternity leave, or the placement of the child in the case of adoption leave.
13.1.7 In the event that both parents of the child are employed by the RACQ Group the parental bonus may, upon joint application by both parents, be shared equally between them subject to the following conditions:
(a) That the maximum amount of leave available to be shared must not exceed 12 weeks; and
(b) That in making joint application for shared leave the female parent forfeits any right to additional paid leave that might otherwise be available under the terms of clause13.1.1(c).
13.1.8 Employees applying for paid parental bonus, either as the primary or non-primary care giver, may be required to provide a statutory declaration stating particulars of any period of parental leave or parental bonus sought or taken by his or her partner.
PART 14 BEREAVEMENT/COMPASSIONATE LEAVE
14.1 Compassionate Leave
14.1.1 compassionate leave is paid leave taken by an employee for the purposes of spending time with a person who:
(i) is a member of the employees immediate family or a member of the employees household; and
(ii) has a personal illness, or injury, that poses a serious threat to his or her life.
14.1.2 An employee is entitled to use 2 days of their bereavement leave entitlement for each occasion (a permissible occasion) when a member of the employees immediate family or a member of the employees household:
(a) contracts or develops a personal illness that poses a serious threat to his or her life; or
(b) sustains a personal injury that poses a serious threat to his or her life.
14.1.3 However, the employee is entitled to compassionate leave only if the employee gives his or her employer any evidence that the employer reasonably requires of the illness or injury.
14.2 Bereavement Leave
(a) Employees are entitled to paid bereavement leave of up to:
(i) Two (2) days upon the death of a parent, parent-in-law, sibling, sister-in-law, brother-in-law, grandparent, grandparent-in-law or grandchild.
(ii) Five (5) days upon the death of a partner (spouse or de facto spouse of either gender) or child (or stepchild).
(b) Where an employee can demonstrate the requirement to travel for bereavement purposes they will be entitled to the following additional paid leave:
(i) One (1) day for return travel of eight hours.
(ii) Two (2) days for return travel in excess of eight hours.
(c) In the event of the death of an employee's partner (spouse or de facto spouse of either gender) or child, an employee is entitled to access up to one month of annual leave, sick leave or leave without pay without the normal authorisation requirements. A medical certificate is not required for this leave to be approved.
(d) In the event of the death of relatives other than partner or child (identified in Clause 14(a)(i)), an employee is entitled to access up to one week of annual leave, sick leave or leave without pay without the normal authorisation requirements. A medical certificate is not required for this leave to be approved.
(e) Application for annual leave/sick leave/leave without pay in addition to the entitlement set out above must be supported by a medical certificate from a duly registered medical practitioner.
(f) RACQ reserves the right to request supporting documentation in this regard.
PART 15 JURY SERVICE
15.1 An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service.
15.2 Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the employer and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service.
15.3 Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof.
15.4 If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity.
15.5 "Ordinary pay" means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week, including any over-award payment. "Ordinary pay" excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.
PART 16 - TRANSFERS, TRAVELLING, AND WORKING AWAY FROM USUAL PLACE OF WORK
16.1 When it is necessary for Patrol Officers to leave their vehicles at the Fleet Maintenance Centre, arrangements will be made to provide transport home prior to the end of shift.
16.2 Patrol Officers travelling from home to the Fleet Maintenance Centre to changeover road service vehicles after servicing are to do so in their own time.
16.3 Patrol Officers leaving their vehicles at the Fleet Maintenance Centre prior to proceeding on annual leave or when required to pick up vehicles when returning from annual leave are to do so in their own time. Arrangements will be made to transport Patrol Officers to their homes at the time of departing on annual leave and within a reasonable time after ceasing duty.
PART 17 TRAINING AND RELATED MATTERS
17.1 Training
17.1.1 The parties to this Agreement recognise that in order to increase the efficiency and productivity of the RACQ, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:
(a) developing a more highly skilled and flexible workforce;
(b) providing employees with career opportunities through appropriate training to acquire additional skills; and
(c) removing barriers to the utilisation of skills acquired.
17.1.2 Any costs associated with standard fees for prescribed courses and prescribed textbooks (including those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure: Provided that reimbursement shall also be on an annual basis subject to the presentation of reports of satisfactory progress.
17.1.3 The employer shall reimburse all expenses incurred travelling to and from training. This clause does not apply to the Club's education assistance policy.
17.2 Professional Development
17.2.1 Company Initiated Training - Employees shall undertake training and retraining as required by the RACQ. The RACQ will pay all costs associated with training whether it is formal, internal, external or on the job
17.2.2 Employee Initiated - Employees planning to undertake further training should discuss this matter with the Executive Manager Road Service. The Company policy regarding External Study Assistance will apply.
PART 18 OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES
18.1 Drinking water
18.1.1 The Club shall provide a sufficient quantity of drinking water at Club premises for the use of Patrol Officers. Boiling water shall also be provided for use at meal times at Club depots where practicable.
18.2 Clothing
18.2.1 Supply of uniform - Patrol Officers shall be supplied with the following uniform items free of charge: 4 sets of shirts, shorts or trousers and socks; jacket, footwear, headwear, belt; dust jacket; wet weather clothing and safety equipment. Replacement items will be provided annually or on fair wear and tear or as they are deemed unserviceable. All uniform and safety items provided must be worn in accordance with Road Service Policy. Any alterations to this practice will be made following consultation with Patrol Officers.
18.3 First aid
18.3.1 First aid - The Club shall ensure that each vehicle is equipped with an adequate supply of first aid material so that it will be readily accessible to Patrol Officers in case of accident.
PART 19 - MISCELLANEOUS PROVISIONS
19.1 Introduction or modification of technology and associated work processes
19.1.1 Intent - It is the corporate aim of RACQ to utilise technological advances to assist with the efficient and effective delivery of road service meeting the changing needs and requirements for customers. RACQ seeks the assistance of all of its Road Service staff to maximise the value of technological change through the acceptance and operation of such technologies and associated work processes by Road Service staff.
19.1.2 Consultation - With the introduction of all new technology RACQ is committed to a process of prior consultation with all affected staff.
19.1.3 Road Service Patrol staff commit to accepting and operating additional functionality associated with the introduction or modification of technology. Road Service staff will further commit to adopt work processes associated with:
a) technologies necessary to satisfy the road service needs and requirements of RACQ.
b) contractual obligations to third parties such as fleet and vehicle manufacturers.
19.2 Promotion, sales and fitment
19.2.1 Intent - RACQ has a commitment to continual improvement in service delivering and development of commercial services within its road service operations. This commitment will from, time to time, involve the patrols in either promoting or directly selling and fitting new products or services.
19.2.2 No Additional Payment - Patrols commit to introducing such new products or services without seeking additional payment (base increase, allowance or commission) where the introduction of the new product or service falls within the general scope of patrol duties. This does not include one-off sales promotions or incentives.
19.2.3 Prior Consultation - RACQ management and patrol representatives will work together in a consultative process to introduce such new products and services.
19.3 Servicing of vehicles
19.3.1 Intent - To remove unproductive time involved in dropping off and picking up patrol vehicles when routine servicing is required and to ensure that the vehicles routine service schedules are maintained.
19.3.2 Operation - Each patrol will be responsible for arranging their own vehicle servicing direct with the Fleet Vehicle Maintenance Centre (FVMC).
19.3.3 A vehicle booked in for service will be delivered to FVMC on completion of a shift prior to commencing a period of rostered days off. The vehicle will be picked up prior to the commencement of the next rostered shift.
19.3.4 The time taken to deliver a vehicle to the FVMC and pick-up a vehicle from the FVMC will not form part of a patrols normal hours of work or attract an overtime penalty. However where possible a replacement vehicle will be provided to the patrol for the purpose of driving home and returning to pick up the vehicle being serviced.
19.4 Receipting of club funds
19.4.1 Intent - Each patrol will be required to perform their "paying-in" duties either prior to or following the completion of a rostered shift.
19.4.2 Operation - Each patrol will be issued with the necessary paperwork to allow for direct payment into a bank account nominated by the RACQ and return all necessary summary data back to the Club for administrative and audit purposes.
19.4.3 The time taken to "pay-in" will not form part of a patrols normal hours of work or attract an overtime penalty.
19.5 Relief Patrols
19.5.1 Intent - To obtain greater economic use of the patrol vehicle fleet relief patrols will be recruited for the purpose of operating in patrol vehicles, vacated by patrols on annual leave and/or long service leave.
19.5.2 Operation - Patrols, recruited as part of the normal expansion/replacement of the Club's own patrol work force, will be employed on the basis of Relief Patrol.
19.5.3 Relief patrols will not be assigned a patrol vehicle but will occupy vehicles vacated by patrols on leave.
19.5.4 The number of relief patrols will be limited to four to ensure that a vacant vehicle is always available.
19.5.5 Relief patrols will be given preference to move to an allocated vehicle position as and when a vacancy arises.
19.6 City - Start - Patrols
19.6.1 Intent - Due to the concentration of road service calls originating in the central business district (CBD) during normal working days, a number of patrols will operate with start point locations in or adjacent to the CBD.
19.6.2 Number of City - Start - Patrols - The maximum number of city - start - point - patrols will be set at six (6).
19.6.3 Selection - All newly recruited Brisbane patrols will commence their employment as city-start-patrols. As vacancies arise from home-start-point patrols these vacancies will only be filled from those patrols employed as city-start-patrols. The maximum term of engagement as a City Start Patrol is 18 months from commencement of deployment on City Start.
19.6.4 Operation - City-starts will only operate from Monday to Friday, excluding public holidays.
19.6.5 City-start-patrols will commence their shift at an agreed city-start location and will finish their shift off at their home location (for patrols living in the Brisbane metropolitan area) or at an agreed finishing location (for patrols living outside the Brisbane metropolitan area).
19.6.6 The agreed finishing location will also be the starting location for shifts worked on Saturday, Sunday and all public holidays.
19.6.7 Meal Breaks - City-start Patrol will take their meal breaks at an RACQ facility or another mutually agreed location whilst working in the CBD or adjacent areas.
19.7 Postal ballot
19.7.1 Any issue requiring a formal vote of patrols will be conducted on a postal ballot basis by the Australian Electoral Commission or other mutually agreeable party. This includes ballots associated with enterprise bargaining agreements.
19.7.2 A ballot will only proceed after patrol representatives have had an opportunity to brief their fellow patrols, as a group, on the issue to be voted upon.
DECLARATION AND SIGNATORIES
DECLARATION
This Enterprise Agreement has been negotiated through extensive consultation between management and employees. The content of the Agreement has been canvassed with all parties. All parties enter into this Agreement with full knowledge as to the content and effect of this document.
Signed for and behalf of Royal Automobile Club Operations Pty Ltd by:
Rolanda Ayling, General Manager
Witnessed by:
/ /07 Industrial Relations, PEOPLE
Signed for and behalf of Automotive Metals Engineering Printing and Kindred Industries Union of Employees, Queensland
. Andrew Dettmar
/ /07 State Secretary, AMWU, QLD Branch
Witnessed by:
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